Text of US SB 4638 (2024)

II Calendar No. 433 118TH CONGRESS 2D SESSION S. 4638 [Report No. 118–188] To authorize appropriations for fiscal year 2025 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 8, 2024 Mr. REED, 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 2025 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, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Defense Au- 4 thorization Act for Fiscal Year 2025’’. 5 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 4638 RS SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 1 CONTENTS. 2 (a) DIVISIONS.—This Act is organized into four divi- 3 sions as follows: 4 (1) Division A—Department of Defense Au- 5 thorizations. 6 (2) Division B—Military Construction Author- 7 izations. 8 (3) Division C—Department of Energy Na- 9 tional Security Authorizations and Other Authoriza- 10 tions. 11 (4) Division D—Funding Tables. 12 (b) TABLE OF CONTENTS.—The table of contents for 13 this Act is as follows: 14 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. Centralized security monitoring program for facilities of the Army. Sec. 112. Strategy for Army active protection systems. Sec. 113. Certification of additional manufacturer for low, slow, small un- manned aircraft integrated defeat system of the Army. Subtitle C—Navy Programs Sec. 121. Extension of prohibition on availability of funds for Navy port water- borne security barriers. Sec. 122. Constellation-class frigate program. Sec. 123. Limitation on the construction of the Landing Ship Medium. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 4638 RS Sec. 124. Authority for the procurement, leasing, or chartering of a medium- sized landing ship. Sec. 125. Annual report on surface ship suppliers. Sec. 126. Block buy contract and multiyear procurement authority for CH–53K heavy lift helicopter program. Sec. 127. Modification of requirement to incorporate advanced degaussing sys- tems into Arleigh Burke class destroyers. Sec. 128. Modification of authority to purchase used vessels under the National Defense Sealift Fund. Sec. 129. Authority for incrementally funded contract for the construction of a Virginia-class submarine. Sec. 130. Sense of Congress on aircraft carrier acquisition strategies. Sec. 130A. Modifications to procurement authorities for certain amphibious shipbuilding programs. Subtitle D—Air Force Programs Sec. 131. Prohibition on certain reductions to inventory of E–3 airborne warn- ing and control system aircraft. Sec. 132. Management of temporary relocation of B–1 bomber aircraft and per- sonnel. Sec. 133. Modification of requirements for cost-benefit and technical risk anal- ysis for F–35 propulsion and thermal management moderniza- tion program. Sec. 134. Plan for sustainment and recapitalization of Air National Guard fighter fleet. Sec. 135. Air base air defense. Sec. 136. Annual report on Air Force tactical fighter aircraft force structure. Sec. 137. Extension of limitations and minimum inventory requirement relating to RQ–4 aircraft. Sec. 138. Modification of inventory requirements for aircraft of the combat air forces. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Modification of pilot program to accelerate the procurement and field- ing of innovative technologies. Sec. 142. Plan for signals intelligence capabilities of armed overwatch aircraft. Sec. 143. Assessments of inventory requirements for air-to-air missiles. 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. Ensuring compliance with Department of Defense policy when award- ing research grants. Sec. 212. Extension of Global Research Watch Program. Sec. 213. Competitive demonstration of automated target recognition algo- rithms. Sec. 214. Modifications to test program for engineering plant of DDG(X) de- stroyer vessels. Sec. 215. Assignment of Department of Defense responsibility for international collaboration on directed energy weapons. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 4638 RS Sec. 216. Expansion of authority for technology protection features activities. Sec. 217. Laboratory Quality Enhancement Program. Sec. 218. Limitation on availability of funds for fundamental research collabo- ration with certain institutions. Sec. 219. Detail authority for Defense Advanced Research Projects Agency to support technology transition. Sec. 220. Prohibition on award of research or development contracts or grants to educational institutions that have violated certain civil rights. Subtitle C—Plans, Reports, and Other Matters Sec. 231. Improvements relating to defining, identifying, and planning the arti- ficial intelligence workforce of the Department of Defense. Sec. 232. Development and implementation of a plan on advancing interests of Department of Defense in matters relating to electromagnetic spectrum in international engagements or fora. Sec. 233. Report on geographic presence of the Defense Innovation Unit. Sec. 234. Report on obligations and expenditure rates for basic research. Sec. 235. Electromagnetic spectrum demonstration program. Sec. 236. Pilot program on development of near-term use cases and demonstra- tion of artificial intelligence toward biotechnology applications for national security. Sec. 237. Roadmap for addressing research and development needs in bio- technology for the Department of Defense. Sec. 238. Plan for optimization of Irregular Warfare Technical Support Direc- torate. Sec. 239. National Defense Economic Competition Research Council. Sec. 240. Defense Science Board study on long-term operations and availability of Kwajalein Atoll as a Major Range and Test Facility Base. Sec. 241. Pilot programs on use of artificial intelligence. Sec. 242. Duties of Chief Digital and Artificial Intelligence Officer Governing Council relating to artificial intelligence models and advanced artificial intelligence technologies. Sec. 243. Quantum Scaling Initiative. Sec. 244. Incorporating human readiness levels into research, development, test, and evaluation activities. Sec. 245. Management and utilization of digital data to enhance maintenance activities. Sec. 246. Extension and modification of Directed Energy Working Group. Sec. 247. Directed Energy Roadmap and Activity Funding Report. Sec. 248. Pilot program on establishing entities and consortia to conduct proto- typing and production of critical and emerging technologies. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Implementation of Inspector General recommendations relating to oversight of defense fuel support points. Sec. 312. Initiative to control and combat the spread of invasive species. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 4638 RS Sec. 313. Modification of definition of antenna structure project under Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions. Sec. 314. Provision by Secretary of the Air Force of meteorological data for Air Force and Army. Sec. 315. Modification of sustainable aviation fuel pilot program. Sec. 316. Study and report on the greenhouse gas and toxic pollutant emissions of the production and utilization of non-tactical vehicles of the Department of Defense. Sec. 317. Repeal of limitation on procurement of drop-in fuels; annual report. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 321. Interim responses to address releases or threatened releases of perfluoroalkyl and polyfluoroalkyl substances. Sec. 322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Sub- stances and Disease Registry. Sec. 323. Pilot program for performance of maintenance and repair on forward- deployed naval force ships in foreign shipyards. Subtitle D—Logistics and Sustainment Sec. 331. Warehouse utilization organization alignment. Sec. 332. Authority for Government-Owned, Government-Operated facilities to access Production Base Support funds. Sec. 333. Codification and permanent extension of authority for reimbursement of expenses for certain Navy mess operations afloat. Sec. 334. Plan for secondary sources in the munitions supply chain. Sec. 335. Counter unmanned aerial system threat library. Subtitle E—Reports Sec. 341. Modification of readiness reports to include total number of combat readiness upgrades or downgrades. Sec. 342. Extension and expansion of incident reporting requirements for De- partment of Defense. Sec. 343. Report on landing fees collected by installations of the Air Force lo- cated outside the continental United States. Sec. 344. Annual briefing on operational readiness of the 53rd Weather Recon- naissance Squadron prior to commencement of the official hur- ricane season. Subtitle F—Other Matters Sec. 351. Authority for detection and monitoring of illegal drugs regardless of destination. Sec. 352. Extension of protection of certain facilities and assets from un- manned aircraft. Sec. 353. Limitation on availability of funds for travel expenses of Office of Secretary of Defense. Sec. 354. Retrofitting of anti-lock brake system and electronic stability control kit for certain Army vehicles. Sec. 355. Coordination of planning with respect to stockpiles of basic life sus- taining and personnel items and equipment. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 4638 RS Sec. 356. Pre-positioned stocks of finished defense textile articles. Sec. 357. Pilot program for advanced manufacturing in the Indo-Pacific region. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Annual end-strength authorization for the Space Force. 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. Sec. 415. Exemption of National Guard Bilateral Affairs Officers from active- duty end strength limits and modification of annual reporting requirement regarding security cooperation activities. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Repeal of active duty service requirement for warrant officer appoint- ments in Air Force and Space Force. Sec. 502. Talent management and personnel retention for members of the Armed Forces. Sec. 503. Authority to increase the number of nurse officers recommended for promotion. Sec. 504. Vice Chief of Space Operations; vacancy in position of Chief of Space Operations. Sec. 505. Eligibility for consideration for promotion: time-in-grade and other requirements. Sec. 506. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Corps and lieu- tenants and lieutenant commanders of the Navy. Sec. 507. Removal of officers from a list of Space Force officers recommended for promotion. Sec. 508. Consideration of merit by special selection review boards. Sec. 509. Modification of authority to separate officers when in the best inter- est of the service. Sec. 509A. Improvements relating to Medical Officer of the Marine Corps posi- tion. Sec. 509B. Longer term and eligibility for appointment to rank of Admiral of Commander of Naval Sea Systems Command. Subtitle B—Reserve Component Management Sec. 511. Permanent modification to the Army National Guard and Air Na- tional Guard inactive National Guard statute. Sec. 512. Expanded authority to continue reserve component officers in certain military specialties on the reserve active-status list. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 4638 RS Sec. 513. Authority to extend military technicians until age 62. Sec. 514. Extension of time period for transfer or discharge of certain Army and Air Force reserve component general officers. Sec. 515. Transfer to the Space Force of covered space functions of the Air National Guard of the United States. Sec. 516. Report on effect of Air National Guard unit leveling. Subtitle C—General Service Authorities and Military Records Sec. 521. Marine Corps Deputy Commandants. Sec. 522. Treatment of veterans who did not register for the selective service. Sec. 523. Selective Service Director appointment subject to Senate confirma- tion. Sec. 524. Continuity of coverage under certain provisions of title 18, United States Code. Sec. 525. Technical and conforming amendments related to the Space Force. Sec. 526. Modified authority to provide protection to senior leaders of the De- partment of Defense and other specified persons. Sec. 527. Modification of persons not qualified for enlistment definition. Sec. 528. Improving military administrative review. Sec. 529. Combat status identifier equivalent for remotely piloted aircraft crew. Sec. 529A. Military training and competency records. Sec. 529B. Exemption of women forced to register for draft from requirements to serve in combat roles. Subtitle D—Military Justice and Other Legal Matters Sec. 531. Consolidation of military justice reporting requirements for the mili- tary departments. Sec. 532. Term of office for judges of the Court of Military Commission Re- view. Sec. 533. Aiding the enemy definition for purposes of the Uniform Code of Military Justice. Sec. 534. Pre-referral requirements related to sufficiency of admissible evi- dence. Sec. 535. Detailing of appellate defense counsel. Sec. 536. Expanded command notifications to victims of domestic violence. Sec. 537. Remote appearance before a board of inquiry. Sec. 538. Extension of Defense Advisory Committee on Investigation, Prosecu- tion, and Defense of Sexual Assault in the Armed Forces. Sec. 539. Reimbursement of expenses and property damage for victims of des- ignated offenses under the Uniform Code of Military Justice. Sec. 540. Removal of marriage as a defense to article 120b offenses. Sec. 541. Removal of personally identifying and other information of certain persons from the Department of Defense Central Index of In- vestigations. Sec. 542. Authority of special trial counsel with respect to certain offenses oc- curring before effective date of military justice reforms. Sec. 543. Investigations of sexual assaults in the National Guard. Sec. 544. Analysis on the advisability to revise Military Rule of Evidence 513. Subtitle E—Member Education, Training, and Transition Sec. 551. Improving effectiveness of the future servicemember preparatory course. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 4638 RS Sec. 552. Determination of active duty service commitment for recipients of fel- lowships, grants, and scholarships. Sec. 553. Modernizing Marine Corps Platoon Leaders Class college tuition as- sistance program to account for inflation. Sec. 554. Modification of authority to engage in funded and unfunded law edu- cation programs. Sec. 555. Distance education option for professional military education. Sec. 556. Extension of Troops-to-Teachers program extension; prohibition on travel until reinstated. Sec. 557. Inclusion of Space Force professional military education programs in definitions of senior and intermediate level service schools and as covered programs for copyright purposes. Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 559. Required constitutional law training. Sec. 560. Information on nominations and applications for military service academies. Sec. 561. Improvements to financial literacy training. Subtitle F—Military Family Readiness and Dependents’ Education PART I—DEPENDENTS’ EDUCATION Sec. 571. Advisory committees for Department of Defense domestic dependents schools. Sec. 572. Expansion of eligibility for virtual programs operated by Department of Defense Education Activity. Sec. 573. Authorization for school meal programs at Department of Defense dependents schools. Sec. 574. Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios. Sec. 575. Enrollment in defense dependents’ education system of children of foreign military members assigned to United Nations Com- mand. Sec. 576. Certain assistance to local educational agencies that benefit depend- ents of military and civilian personnel. Sec. 577. Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools. PART II—OTHER MATTERS Sec. 578. Redesign and modernization of child development program compensa- tion and staffing models. Sec. 579. Support for expanding early child care options for members of the Armed Forces and their families. Sec. 579A. Inclusive Playground Pilot Program. Subtitle G—Junior Officers’ Training Corps Sec. 581. Number of enrolled students requirement for Junior Reserve Officers’ Training Corps unit participation. Sec. 582. Waiver authority for Junior Reserve Officer’s training Corps min- imum participation requirement. Sec. 583. JROTC waiting list. Sec. 584. Number of Junior Reserve Officers’ Training Corps units. Sec. 585. Extension of JROTC programs to the Job Corps. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 4638 RS Subtitle H—Decorations and Other Awards, Miscellaneous Reports, and Other Matters Sec. 591. Authority to award or present a decoration following a congression- ally requested review. Sec. 592. Posthumous advancement of General John D. Lavelle, United States Air Force, on the retired list. Sec. 593. Authorization for posthumous award of the Distinguished Service Cross to William D. Owens for acts of valor at La Fiere Bridge. Subtitle I—Enhanced Recruiting Efforts Sec. 595. Improved access to high school and college students for recruiting. Sec. 596. National Commission on Quality of Life for the All-Volunteer Armed Force. Sec. 597. Military Entrance Processing Command processing pilot. Sec. 597A. Military accessions standards review. Subtitle J—Automatic Selective Service System Registration Sec. 598. References. Sec. 598A. Selective Service System automatic registration. Sec. 598B. Elimination of Selective Service System registration incentives. Sec. 598C. Technical and conforming amendments. Sec. 598D. Effective date. Subtitle K—Other Matters Sec. 599. Evaluation of military recruits and officer candidates for drug use. Sec. 599A. Promoting military, national, and public service. Sec. 599B. Course to educate interested individuals about opportunities to con- tribute to national security. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Reform of basic pay rates. Sec. 602. Authority to pay higher rates of partial basic allowance for housing for unaccompanied housing. Sec. 603. Authority to pay basic allowance for housing to junior enlisted mem- bers on sea duty. Sec. 604. Extension of travel allowance for members of the Armed Forces as- signed to Alaska. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authori- ties. Sec. 612. Increase in maximum skill proficiency bonus amount. Sec. 613. Increase in accession bonus for health professions scholarship and fi- nancial assistance program. Sec. 614. Extension of authority to pay one-time uniform allowance for officers who transfer to the Space Force. Subtitle C—Other Matters VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 10 •S 4638 RS Sec. 621. Calculation of retired pay for certain officers who served in grade O– 9 or O–10 and retired in grade O–8. Sec. 622. Extension of time for minor survivors to file death gratuity claims. Sec. 623. Access to high-speed internet and wireless network connections for certain members of the Armed Forces. Sec. 624. Extension of exclusion of certain employees from Government lodging program. Sec. 625. Restrictions on retired and reserve members of the Armed Forces re- ceiving employment and compensation indirectly from foreign governments through private entities. Sec. 626. Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation. Sec. 627. Fertility and adoption demonstration program. Sec. 628. Selling certain consumer routers and modems on military installa- tions. Sec. 629. Prohibition on sale of garlic from the People’s Republic of China at commissary stores. TITLE VII—HEALTH CARE Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Health care licensure portability for TRICARE network providers providing mental health services to members of the Armed Forces and certain family members. Sec. 702. Reduction or waiver of cost-sharing amounts under TRICARE phar- macy benefits program for certain dependents enrolled in TRICARE Prime Remote program. Sec. 703. Implementation of authority to provide travel and transportation al- lowances for specialty care under exceptional circumstances. Sec. 704. Expansion of eligibility for hearing aids to include children of retired members of the uniformed services enrolled in family coverage under TRICARE Select. Sec. 705. Fertility treatment for certain members of the uniformed services and dependents. Sec. 706. Access to specialty behavioral health care under TRICARE Prime. Sec. 707. Assessment on options for inclusion of assisted reproductive tech- nology as services covered under the TRICARE program for members of the Armed Forces and dependents. Sec. 708. Restriction on performance of sex change surgeries. Sec. 709. Prohibition of coverage under TRICARE program of certain medical procedures for children that could result in sterilization. Subtitle B—Brain Health Matters Sec. 711. Modifications to Brain Health Initiative of Department of Defense. Sec. 712. Establishment of Defense Intrepid Network for Traumatic Brain In- jury and Brain Health as program of record. Sec. 713. Brain health and trauma demonstration program. Subtitle C—Health Care Administration Sec. 721. Establishment of Indo-Pacific medical readiness program. Sec. 722. Improved implementation of financial relief for civilians treated in military medical treatment facilities. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 11 •S 4638 RS Sec. 723. Extension of time for modifications to premium sharing plans under TRICARE dental program. Sec. 724. Medical countermeasures for overseas personnel of the Department of Defense for acute radiation syndrome and thermal burns. Sec. 725. Establishment of public user satisfaction targets related to electronic health record of Defense Health Agency. Sec. 726. Plan of Department of Defense to address recruitment processing delays relating to health record system. Subtitle D—Access to Contraception Sec. 731. Contraception coverage parity under the TRICARE program. Sec. 732. Pregnancy prevention assistance at military medical treatment facili- ties for sexual assault survivors. Sec. 733. Education on family planning for members of the Armed Forces. Sec. 734. Inclusion of comprehensive contraceptive counseling in health assess- ment forms. Subtitle E—Reports and Other Matters Sec. 741. Extension of authority for joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund. Sec. 742. Treatment of expert medical opinions with respect to medical mal- practice claims by members of the uniformed services. Sec. 743. Expansion of license reciprocity for veterinarians of Department of Defense. Sec. 744. Plan to ensure access of members of the Armed Forces to safe, high- quality pharmaceuticals. Sec. 745. Pilot program on delegation of authority to approve recruits with cer- tain medical conditions. Sec. 746. Infectious disease wastewater surveillance system of Department of Defense. Sec. 747. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of De- fense. Sec. 748. Report on plan for testing for helicobacter pylori for certain members of the Armed Forces. Sec. 749. Report on non-covered expenses related to cancer treatments for members of the Armed Forces and their dependents. TITLE VIII—ACQUISITION POLICY Subtitle A—Acquisition Policy and Management Sec. 801. Modifications to other transaction authority. Sec. 802. Streamlining of Milestone A requirements. Sec. 803. Streamlining of Milestone B requirements. Sec. 804. Modification of major defense acquisition program definition. Sec. 805. Middle tier of acquisition for rapid prototyping and rapid fielding. Sec. 806. Advisory panel on the requirements process of the Department of De- fense. Sec. 807. Modification to submission of certified cost or pricing data. Sec. 808. Autonomous system acquisition pathways. Sec. 809. Designation of program executive office for acquisition of open-source intelligence tools for Army. Sec. 810. Ensuring competition in artificial intelligence procurement. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 12 •S 4638 RS Sec. 811. Prohibition on the transfer of certain data on employees of the De- partment of Defense to third parties. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 821. Limitation on certain options for cost contracts. Sec. 822. Treatment of unilateral definitization of a contract as a final decision. Sec. 823. Updates to earned value management system requirements. Sec. 824. Pilot program on capability-based analysis of price of goods or serv- ices offered by nontraditional defense contractors. Sec. 825. Extension of the pilot program for streamlining awards for innovative technology projects. Sec. 826. Use of fixed-price type contracts for certain shipbuilding programs. Sec. 827. Modifications to commercial product and commercial service deter- minations. Sec. 828. Requirement for contractors to provide reasonable access to repair materials. Subtitle C—Industrial Base Matters Sec. 841. Domestic nonavailability determinations. Sec. 842. Pilot program for the qualification of alternative sources. Sec. 843. Domestic production of stainless steel flatware and dinnerware. Sec. 844. Inclusion of recycled and reused minerals and metals in preference for sourcing of strategic and critical materials. Sec. 845. Process for consulting on national security import reviews. Sec. 846. Solid rocket motor industrial base. Sec. 847. Pharmaceutical supplier compliance with data submission require- ments. Sec. 848. Report and updated guidance on continued risk management for pharmaceutical supply chains of Department of Defense. Sec. 849. Report on impact of mergers and acquisitions on the defense indus- trial base. Sec. 850. Defense industrial revitalization. Sec. 851. Transparency in acquisition waivers issued by the Department of De- fense. Sec. 852. Report on capacity to increase domestic industrial production and procurement of strategic and critical materials. Sec. 853. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 854. Department of Defense manufacturing authorities. Subtitle D—Small Business Matters Sec. 861. Pilot program for tracking awards made through other transaction authority. Sec. 862. Small Business Bill of Rights. Sec. 863. Pilot program for the participation of military research and edu- cational institutions in the STTR program. Sec. 864. Department of Defense pilot program for preliminary calculation esti- mates for certain programs. Subtitle E—Other Matters Sec. 871. Small uncrewed aerial systems supply chain strategy. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 13 •S 4638 RS Sec. 872. Modification to extramural acquisition innovation and research activi- ties. Sec. 873. Modifications to contractor employee protections from reprisal for dis- closure of certain information. Sec. 874. Modifications to Comptroller General assessment of acquisition pro- grams. Sec. 875. Modifications to guidelines and collection method for acquisition of cost data. Sec. 876. Program for distribution support and services for contractors. Sec. 877. Inclusion of Japan and the Republic of Korea in contested logistics demonstration and prototyping program. Sec. 878. Modification to limitation on acquisition of excess supplies. Sec. 879. Technical edits to sourcing requirements for strategic materials and sensitive materials. Sec. 880. Technical amendments to title 10, United States Code, and other pro- visions of law. Sec. 881. Pilot program for commercial production of munitions. Sec. 882. Pilot program on use of reverse engineering for production of parts. Sec. 883. Prohibition on operation, procurement, and contracting related to for- eign-made light detection and ranging technology used on manned or unmanned systems. Sec. 884. Reports on Joint Warfighter Cloud Capability contracts. Sec. 885. Phase-out of computer and printer acquisitions involving entities owned or controlled by China. Sec. 886. Prohibition on Department of Defense contracts with Chinese-owned online tutoring services. Sec. 887. Requirement to procure domestically produced generic drugs. Sec. 888. Procurement of Department of Defense advanced chemistry batteries. Sec. 889. Prohibition on procurement and commissary sales of seafood origi- nating or processed in China. Sec. 890. Extension of post-government restrictions on senior Department of Defense officials seeking employment with defense contractors. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Requirement to notify Congress when Deputy Secretary of Defense is performing functions and duties of Secretary of Defense. Sec. 902. Increase in authorized number of Deputy Assistant Secretaries of De- fense. Sec. 903. Matters relating to Assistant Secretary of Defense for Special Oper- ations and Low Intensity Conflict. Sec. 904. Enhanced coordination on international cooperation activities. Sec. 905. Force sizing analysis for strategic competition. Sec. 906. Inclusion in Defense Planning Guidance of guidance on size, struc- ture, and posture of special operations forces. Sec. 907. Review of Biodefense Posture Review. Sec. 908. Plan for adequate staffing of Office of Assistant Secretary of Defense for Industrial Base Policy and Joint Production Accelerator Cell. Sec. 909. Establishment of Chief Management Officer; elevation of Director of Administration and Management. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 14 •S 4638 RS Subtitle B—Other Department of Defense Organization and Management Matters Sec. 911. Establishment of Office of Expanded Competition. Sec. 912. Joint Federated Assurance Center. Sec. 913. Modifications to make permanent the Office of Strategic Capital pro- gram on capital assistance. Sec. 914. Addition of Performance Improvement Officer as co-chair of Defense Business Council. Sec. 915. Establishment of cross-functional team to oversee implementation of recommendations of Commission on Planning, Programming, Budgeting, and Execution Reform. Sec. 916. Counter-Unmanned Aircraft Systems Task Force. Sec. 917. Modification to the President of the Defense Acquisition University. Sec. 918. Plan for permanent establishment of Special Reconnaissance and En- abling Command. Sec. 919. Affiliate relationships between Army special operations forces and combat-enabling units of general purpose forces. Sec. 920. Feasibility study on expanding the services provided by the Air Force Office of Commercial and Economic Analysis. Sec. 921. Limitation on use of funds for altering Air Force Global Strike Com- mand. Sec. 922. Senior Integration Group for Indo-Pacific Region. Sec. 923. Defense Advisory Committee on Diversity and Inclusion Renewal. Sec. 924. Limitation on availability of funds until Department of Defense com- plies with certain legal requirements. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of Department of Defense Financial Management Regula- tion. Sec. 1003. Repeal of audit incentive element in report requirement of Financial Improvement and Audit Remediation Plan. Sec. 1004. Pilot program for the temporary exchange of information technology personnel. Sec. 1005. Authority to use Defense Modernization Account funds for time-sen- sitive equipment modernization. Subtitle B—Counterdrug Activities Sec. 1011. Capacity building and security cooperation with Mexico to counter threats posed by transnational criminal organizations. Sec. 1012. Authority of Department of Defense in surveillance of southwest border of United States. Sec. 1013. Treatment by Department of Defense of request for support at southwest border of United States. Subtitle C—Naval Vessels Sec. 1021. Improving Navy assessments required prior to start of construction on first ship of a shipbuilding program. Sec. 1022. Requirements for the unmanned maritime autonomy architecture. Sec. 1023. Competitive demonstration of extra large unmanned underwater ve- hicles. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 15 •S 4638 RS Sec. 1024. Extension of the National Commission on the Future of the Navy. Sec. 1025. Clarification of exception to Berry Amendment requirements for procurement of vessels in foreign waters. Sec. 1026. Expansion of shipbuilding infrastructure of the Navy. Subtitle D—Counterterrorism Sec. 1031. 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. 1032. 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. 1033. 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. 1034. Extension of prohibition on use of funds to close or relinquish con- trol of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Protection against misuse of Naval Special Warfare Command insig- nia. Sec. 1042. Modified requirements for report on the plan for the nuclear weap- ons stockpile, nuclear weapons complex, nuclear weapons deliv- ery systems, and nuclear weapons command and control sys- tem. Sec. 1043. Prohibition on use of funds to support entertainment projects with ties to the Government of the People’s Republic of China. Sec. 1044. Assessments of casualties and fatalities during hostilities. Sec. 1045. Establishment of major mishap incident designation classification for Department of Defense incidents. Sec. 1046. Requirements relating to payments by the Department of Defense for qualifying injuries to the brain. Sec. 1047. Longer term and eligibility for appointment to rank of Admiral of Commander of Naval Sea Systems Command. Sec. 1048. Prohibition on use of funds for resettlement in the United States of certain individuals from the West Bank or Gaza. Subtitle F—Studies and Reports Sec. 1051. Report on Panama Canal security. Sec. 1052. Review of irregular warfare authorities. Sec. 1053. Extension of briefing requirement regarding civil authorities at the Southwest border. Sec. 1054. Extension of annual report on civilian casualties in connection with United States military operations. Sec. 1055. Report on subterranean operations. Sec. 1056. Analysis and report on air superiority of the Joint Force. Sec. 1057. Responding to unmanned aircraft systems incursions. Sec. 1058. Exercise for countering unmanned aerial systems. Sec. 1059. Review, assessment, and analysis of governance structure of counter-narcotics and counter-transnational organized crime activities. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 16 •S 4638 RS Sec. 1060. Modification and extension of requirement for combatant command risk assessment for airborne intelligence, surveillance, and re- connaissance. Sec. 1061. Consideration of protracted conflicts in planning assumptions. Sec. 1062. Study on combat accomplishments of remotely piloted aircraft crew. Sec. 1063. Report on resourcing of Arctic Strategy. Sec. 1064. Assessment of impact of transnational organized crime on military drug overdoses. Sec. 1065. Review and report on operational plans of the Department of De- fense. Sec. 1066. Report on undersea cable posture. Subtitle G—Caisson Services at Arlington National Cemetery Sec. 1071. Plan for procurement of military working equids for the Caisson Platoon of the 3rd Infantry Regiment of the Army. Sec. 1072. Requirement to begin conducting funerals with caisson services at Arlington National Cemetery. Sec. 1073. Monthly report on funerals at Arlington National Cemetery on hold until caisson services resume. Sec. 1074. Land for operations and training of Caisson Platoon of the 3rd In- fantry Regiment of the Army. Subtitle H—Other Matters Sec. 1081. Roles and responsibilities for the mitigation, identification, and treatment of traumatic brain injury and the monitoring and documentation of blast overpressure exposure. Sec. 1082. Extension of National Security Commission on Emerging Bio- technology. Sec. 1083. Enhancement of special operations riverine capability. Sec. 1084. Plan for recapitalization of special operations surface combatant craft. Sec. 1085. Homeland defense planning requirements. Sec. 1086. Authority to provide contracted assistance to secure the southern land border of the United States. Sec. 1087. Liaison with the Counter Unmanned Aerial Systems Task Force. Sec. 1088. Introduction of entities in transactions critical to national security. Sec. 1089. Prioritization of accreditation of sensitive compartmented informa- tion facilities supporting DX-rated programs. Sec. 1090. Establishment of the National Security Capital Forum. Sec. 1091. Improvements relating to portability of professional licenses of servicemembers and their spouses. Sec. 1092. Pilot program to provide military aircraft support to air shows. Sec. 1093. Establishment of requirements relating to blast overpressure expo- sure. Sec. 1094. Preferred alternative for the Ambler Mining District in Alaska. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. 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. 1102. One-year extension of temporary authority to grant allowances, ben- efits, and gratuities to civilian personnel on official duty in a combat zone. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 17 •S 4638 RS Sec. 1103. Extension of enhanced appointment and compensation authority for civilian health care professionals for care and treatment of wounded and injured members of the Armed Forces. Sec. 1104. Extension of direct hire authority for domestic industrial base facili- ties and Major Range and Test Facilities Base. Sec. 1105. Removal of Direct Support Activities from personnel limitation on the Office of the Secretary of Defense. Sec. 1106. Authority to provide increased voluntary separation incentive pay for civilian employees of the Department of Defense. Sec. 1107. Employment and compensation of civilian faculty members at Inter- American Defense College. Sec. 1108. Modifications to the John S. McCain Strategic Defense Fellows Pro- gram. Sec. 1109. Modification of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Depart- ment of Defense laboratories. Sec. 1110. Permanent authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 1111. Continuity of coverage under certain provisions of title 5, United States Code. Sec. 1112. Modification of direct hire authority for domestic defense industrial base facilities. Sec. 1113. Prohibition on establishment of new diversity, equity, and inclusion positions; prohibition on filling vacancies. Sec. 1114. Prohibition on considering applicant’s commitment to diversity, eq- uity, or inclusion in hiring process for certain positions at De- partment of Defense educational institutions. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Acceptance and expenditure of contributions for multilateral security cooperation activities. Sec. 1202. Modification of authority to build capacity. Sec. 1203. Authority to build capability and capacity of foreign civilian medical support entities for resilience in crisis and conflict. Sec. 1204. Modification of authority for Naval Small Craft Instruction and Technical Training School. Sec. 1205. Extension of authority for reimbursement of certain coalition na- tions for support provided to United States military operations. Sec. 1206. Modification of United States-Israel anti-tunnel cooperation. Sec. 1207. Extension and modification of authority for Department of Defense support for stabilization activities in the national security inter- est of the United States. Sec. 1208. Extension of security cooperation programs with foreign partners to advance implementation of the Women, Peace, and Security Act. Sec. 1209. Extension and modification of Defense Operational Resilience Inter- national Cooperation Pilot Program. Sec. 1210. Temporary authority to provide training to military forces or na- tional security forces of Costa Rica and Panama. Sec. 1211. Key partners for Middle East Regional Integration Military Subject Matter Expert Exchange Program. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 18 •S 4638 RS Sec. 1212. Plan to modernize and streamline information technology systems relating to end-use monitoring functions of Defense Security Cooperation Agency. Sec. 1213. Extension of modification to authority to provide support for con- duct of operations. Sec. 1214. Defense cooperation with Georgia. Sec. 1215. Extension of authority to implement the Women, Peace, and Secu- rity Act of 2017. Subtitle B—Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vet- ted Syrian groups and individuals. Sec. 1222. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1223. Preservation of security and stability in northeast Syria. Sec. 1224. Report on, and prohibition on use of funds to support, terrorist or- ganizations in Iraq. Sec. 1225. Notification relating to arms trafficking by Iran. Sec. 1226. Assessment and plan with respect to equipment provided to Kurdish Peshmerga forces. Sec. 1227. Modification of annual report on military power of Iran. Subtitle C—Matters Relating to Europe and the Russian Federation Sec. 1231. Extension of prohibition on availability of funds relating to sov- ereignty of the Russian Federation over internationally recog- nized territory of Ukraine. Sec. 1232. Modification of Ukraine Security Assistance Initiative. Sec. 1233. Extension and modification of training for Eastern European na- tional security forces in the course of multilateral exercises. Sec. 1234. Modifications to North Atlantic Treaty Organization Special Oper- ations Headquarters. Sec. 1235. Report on efforts to identify, disseminate, and implement lessons learned from war in Ukraine. Sec. 1236. Review, report, and plan regarding logistics networks in North America and Europe. Sec. 1237. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1238. Report on defense industrial base cooperation with Ukraine and other allies and partners in Europe. Subtitle D—Matters Relating to the Indo-Pacific Region Sec. 1241. Indo-Pacific Security Assistance Initiative. Sec. 1242. Indo-Pacific multilateral security assistance initiatives. Sec. 1243. Extension and modification of Pacific Deterrence Initiative. Sec. 1244. Extension and modification of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Modification of Indo-Pacific Maritime Security Initiative. Sec. 1246. Establishment of partnership program between the United States and Taiwan for military trauma care and research. Sec. 1247. Indo-Pacific extended deterrence education pilot program. Sec. 1248. Modifications to implementation plan for joint force headquarters in area of operations of United States Indo-Pacific Command. Sec. 1249. Plan to strengthen United States extended deterrence commitments to the Republic of Korea. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 19 •S 4638 RS Sec. 1250. Plan and annual report relating to trilateral security cooperation with Japan and the Republic of Korea. Sec. 1251. Modification of reporting requirement for transfer of defense articles and defense services to Taiwan. Sec. 1252. Implementation plan to support establishment of regional contin- gency stockpile for Taiwan. Sec. 1253. Consideration of Taiwan for enhanced defense industrial base co- operation. Sec. 1254. Transregional strategy for countering malign activities by the Peo- ple’s Liberation Army. Sec. 1255. Assessment of use of Department of Defense facilities in Guam as multinational training locations. Sec. 1256. Report on costs of meeting certain requirements of foreign partners relating to agriculture, fisheries, and forestry. Sec. 1257. Returning civic action teams to the Republic of the Marshall Islands and the Federated States of Micronesia. Sec. 1258. Modification of public reporting of Chinese military companies oper- ating in the United States. Sec. 1259. Annual report on military capabilities of allies and partners in Indo- Pacific region. Sec. 1260. Review, report, and plan on adequacy of logistics network in Indo- Pacific region. Sec. 1261. Fielding of a common operating picture with Taiwan. Sec. 1262. Report on corruption in People’s Liberation Army. Sec. 1263. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region. Sec. 1264. Modification of cooperative program with Vietnam to account for Vi- etnamese personnel missing in action. Sec. 1265. Prohibition on use of funds for EcoHealth Alliance. Subtitle E—Reports Sec. 1271. Report on cooperation between the Russian Federation and the Peo- ple’s Republic of China. Subtitle F—Other Matters Sec. 1281. Quarterly briefings on counterterrorism operations, irregular war- fare, and sensitive activities. Sec. 1282. Extension and modification of security briefings on Afghanistan. Sec. 1283. Multilateral Artificial Intelligence Working Group. Sec. 1284. Report on Department of Defense role in supporting international legal operations. Sec. 1285. Report and briefing on security implications of water scarcity and food security for United States Central Command. Sec. 1286. Notifications regarding terrorist groups in Afghanistan. Sec. 1287. Report and briefing on Al-Udeid Air Base in Qatar. Sec. 1288. Middle East integrated space and satellite security capability. Sec. 1289. Improvements to security cooperation workforce and defense acquisi- tion workforce. Sec. 1290. Independent assessment of technology release and foreign disclosure reform initiative. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Cooperative Threat Reduction funds. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 20 •S 4638 RS Sec. 1302. Temporary continuation of requirement for reports on activities and assistance under Department of Defense Cooperative Threat Reduction Program. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1411. Restoring the National Defense Stockpile. Sec. 1412. Storage of strategic and critical materials in National Defense Stockpile. Sec. 1413. Consultations with respect to environmental reviews of projects that will increase availability of strategic and critical materials for acquisition for National Defense Stockpile. Subtitle C—Other Matters Sec. 1421. Eligibility of Space Force officers for membership on Armed Forces Retirement Home Advisory Council. Sec. 1422. Armed Forces Retirement Home: availability of licensed independent practitioners; resources. Sec. 1423. Authority for transfer of funds to Joint Department of Defense-De- partment of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illi- nois. Sec. 1424. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Subtitle A—Space Activities Sec. 1501. Modification of Air Force space contractor responsibility watch list. Sec. 1502. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Depart- ment of the Air Force. Sec. 1503. Modification of milestone decision authority for space-based ground and airborne moving target indication systems. Sec. 1504. Space Force satellite ground systems. Sec. 1505. Modification of notification of foreign interference of national secu- rity space. Sec. 1506. Commercial Augmentation Space Reserve Program. Sec. 1507. Designation of Program Executive Officer for Space Command, Control, and Integration. Sec. 1508. Modification of quarterly reports on Global Positioning System III space segment, Global Positioning System operational control segment, and Military Global Positioning System user equip- ment acquisition programs. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 21 •S 4638 RS Sec. 1509. Resilience of position, navigation, and timing technologies and serv- ices. Subtitle B—Nuclear Forces Sec. 1511. Sense of the Senate on the Congressional Strategic Posture Com- mission. Sec. 1512. Review of recommendations by the Strategic Posture Commission. Sec. 1513. Matters relating to the nuclear-armed sea-launched cruise missile. Sec. 1514. Assessment of updated force sizing requirements. Sec. 1515. Prohibition on reduction of intercontinental ballistic missiles of the United States. Sec. 1516. Preparations for possible deployment of additional intercontinental ballistic missiles. Sec. 1517. Periodic updates on the pilot program on development of reentry ve- hicles and related systems. Sec. 1518. Periodic updates on the modernization of the Strategic Automated Command and Control System. Sec. 1519. Availability of Air Force procurement funds for heat shield material for Mk21A reentry vehicle. Sec. 1520. Limitation on availability of funds pending submission of plan for decreasing the time to upload additional warheads to the inter- continental ballistic missile fleet. Sec. 1521. Limitation on availability of funds pending submission of informa- tion on options for enhancing National Nuclear Security Ad- ministration access to the defense industrial base. Sec. 1522. Plan for operational bed down of the long range standoff weapon. Sec. 1523. Expansion of pilot program on development of reentry vehicles and related systems. Sec. 1524. Expansion of nuclear long range standoff capability. Sec. 1525. Office of the Secretary of Defense Management and Process Im- provements. Subtitle C—Missile Defense Sec. 1531. Establishment of a national integrated air and missile defense archi- tecture for the United States. Sec. 1532. Reporting of incidents affecting the availability of the United States homeland missile defenses. Sec. 1533. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1534. Plan for comprehensive ballistic missile defense radar coverage of Guam. Sec. 1535. Annual briefing on missile defense of Guam. Sec. 1536. Establishing capabilities to further Jordanian air and missile de- fense. Sec. 1537. Organization and codification of provisions of law relating to missile defense. Subtitle D—Other Matters Sec. 1541. Defense Industrial Base workforce development strategy. Sec. 1542. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 1543. Extension and modification of defense intelligence and counterintel- ligence expense authority. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 22 •S 4638 RS Sec. 1544. Limitation on use of funds for certain unreported programs. Sec. 1545. Pilot program on establishing a geospatial workforce development program. Sec. 1546. Intelligence advice and support for Government of Israel in cap- turing or killing certain officials of Hamas. Sec. 1547. Establishment of pilot program for access to shared classified com- mercial infrastructure. Sec. 1548. Technical correction. TITLE XVI—CYBERSPACE-RELATED MATTERS Subtitle A—Matters Relating to Cyber Operations and Cyber Forces Sec. 1601. Assessment of feasibility of engaging in cooperative activities with allies to mitigate cyber threats to certain undersea cables. Sec. 1602. Elevation of Joint Force Headquarters–Department of Defense In- formation Network as subordinate unified command of United States Cyber Command. Sec. 1603. Cyber intelligence center. Sec. 1604. Support for cyber threat tabletop exercises. Sec. 1605. Comptroller General of the United States assessment of cyber com- mand protection of privacy and civil liberties procedures and training requirements for cyber operators. Sec. 1606. Independent evaluation regarding potential establishment of United States Cyber Force. Subtitle B—Matters Relating to Department of Defense Cybersecurity and Information Technology Sec. 1611. Cyber table top exercises with organizations in defense industrial base. Sec. 1612. Management and cybersecurity of the joint warfighting cloud capa- bility and other multi-cloud environments. Sec. 1613. Update of biometric policy of Department of Defense. Sec. 1614. Guidance for application of zero trust strategy to Internet of Mili- tary Things hardware. Sec. 1615. Joint partner-sharing network capabilities for Middle East defense integration. Sec. 1616. Artificial Intelligence Human Factors Integration Initiative. Sec. 1617. Limitation on availability of funds for Mission Partner Environment program. Sec. 1618. Consolidation of briefing requirements relating to the relationship between the National Security Agency and United States Cyber Command. Sec. 1619. Information technology programs of the National Background Inves- tigation Service. Sec. 1620. Cost budgeting for artificial intelligence data. Sec. 1621. Presumed reciprocal software accrediting policy. Sec. 1622. Annual evaluation of products for mobile device cybsecurity. Sec. 1623. Limitation on availability of funds for the Joint Cyber Warfighting Architecture. Sec. 1624. Briefing on course of education and pilot program on authentication of digital content provenance for certain Department of De- fense media content. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 23 •S 4638 RS Sec. 1625. Modification of prohibition on purchase of cyber data products or services other than through the program management office for Department of Defense-wide procurement of cyber data prod- ucts and services. Sec. 1626. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber at- tack. Sec. 1627. Comptroller General report on efforts to protect personal informa- tion of Department of Defense personnel from exploitation by foreign adversaries. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea. Sec. 2105. Extension of authority to carry out fiscal year 2019 project at Mihail Kogalniceanu FOS, Romania. Sec. 2106. Extension of authority to carry out certain fiscal year 2020 projects. Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2108. Extension of authority to carry out certain fiscal year 2022 projects. Sec. 2109. Additional authority to carry out certain fiscal year 2025 project at McAlester Army Depot, Oklahoma. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2205. Extension of authority to carry out certain fiscal year 2020 projects. Sec. 2206. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2207. Extension of authority to carry out certain fiscal year 2022 projects. Sec. 2208. Additional authority to carry out fiscal year 2025 project in Cooper- ative Security Location Comalapa, El Salvador. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out fiscal year 2017 project at Spangdahlem Air Base, Germany. Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2307. Extension of authority to carry out certain fiscal year 2020 projects. Sec. 2308. Extension of authority to carry out fiscal year 2021 project at Joint Base Langley-Eustis, Virginia. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 24 •S 4638 RS Sec. 2309. Extension of authority to carry out certain fiscal year 2022 projects. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authority to carry out fiscal year 2018 project in Iwakuni, Japan. Sec. 2405. Extension of authority to carry out fiscal year 2019 project in Iwakuni, Japan. Sec. 2406. Extension of authority to carry out fiscal year 2020 project in Fort Indiantown Gap, Pennsylvania. Sec. 2407. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2408. Modification of authority to carry out fiscal year 2022 project at Joint Base Anacostia-Bolling, District of Columbia. Sec. 2409. Extension of authority to carry out certain fiscal year 2022 projects. TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Sec. 2503. Extension of use of authorized amounts for North Atlantic Treaty Organization Security Investment Program. Sec. 2504. Modification of contributions for projects executed by the United States under the North Atlantic Treaty Organization Security Investment Program. Sec. 2505. Contributions for projects executed by host nations other than the United States under the North Atlantic Treaty Organization Security Investment Program. Subtitle B—Host Country In-kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana. Sec. 2608. Extension of authority to carry out certain fiscal year 2020 projects. Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2610. Extension of authority to carry out certain fiscal year 2022 projects. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 25 •S 4638 RS Sec. 2611. Modification of authority to carry out fiscal year 2022 project. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure ac- tivities funded through Department of Defense Base Closure Account. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Program Sec. 2801. Inclusion of land acquisition under definition of unspecified minor military construction project. Sec. 2802. Extension of expanded authority to convey property at military in- stallations. Sec. 2803. Authority to accept host nation financial services in the form of an irrevocable letter of credit. Sec. 2804. Modification of authority for Indo-Pacific posture unspecified minor military construction projects. Sec. 2805. Requirement that damaged or destroyed facilities are built back with resilience. Sec. 2806. Industrial plant equipment and associated services as in-kind consid- eration under leases of non-excess property. Sec. 2807. Ordering authority for design and construction of facilities of De- partment of Defense. Sec. 2808. Obligation and execution of design funds for military construction projects. Sec. 2809. Modification of definition of military installation for purposes of no- tifications related to basing decision-making process. Sec. 2810. Guidance regarding maintenance of aggregate square footage of buildings of Department of Defense. Sec. 2811. Pilot program to optimize and consolidate facilities of the Army for resilient and healthy defense communities. Sec. 2812. Information on military construction projects at joint bases. Sec. 2813. Report on munitions and explosives of concern and construction projects in Joint Region Marianas. Sec. 2814. Improvement of conduct by the Navy of the replacement of certain dry docks and other projects. Sec. 2815. Minimum investment for facilities sustainment, restoration, and modernization. Subtitle B—Military Housing Sec. 2821. Increase in percentage limitations on value of United States invest- ment in privatized military housing projects. Sec. 2822. Treatment of nondisclosure agreements with respect to privatized military housing. Subtitle C—Land Conveyances Sec. 2831. Land conveyance, Fort Bliss, El Paso, Texas. Sec. 2832. Cleanup and transfer of certain property at former Army installa- tion to East Bay Regional Park District. Sec. 2833. Land conveyance, Fort Huachuca, Sierra Vista, Arizona. Sec. 2834. Release of interests retained in Camp Joseph T. Robinson, Arkan- sas. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 26 •S 4638 RS Sec. 2835. Report on former Army-Navy General Hospital, Hot Springs Na- tional Park, Hot Springs, Arkansas. Subtitle D—Other Matters Sec. 2841. Authority for shoreline erosion control projects to protect military installation infrastructure. Sec. 2842. Coordination of repair and maintenance of Kolekole Pass. Sec. 2843. Consideration of installation infrastructure and other supporting re- sources by Department of Defense Test Resource Management Center. Sec. 2844. Extension of Department of the Army pilot program for develop- ment and use of online real estate inventory tool. Sec. 2845. Review of roles and responsibilities for construction projects of De- partment of Defense. Sec. 2846. Assessment of public schools on installations of Department of De- fense. Sec. 2847. Report on use of areawide contracts to procure utility services. Sec. 2848. Extension of prohibition on joint use of Homestead Air Reserve Base with civil aviation. Sec. 2849. Prohibition on use by Air Force of corporate structure in conducting certain basing decisions. Sec. 2850. Authority to assist State and local governments in supporting instal- lation and industrial base modernization through public infra- structure and services. Sec. 2851. Briefing on projects under Defense Community Infrastructure Pro- gram that are still in progress. Sec. 2852. Treatment of historic housing and associated historic properties of the Department of the Army. Sec. 2853. Designation of officials responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in the Indo-Pacific region. Sec. 2854. Technical correction to map reference in the Military Land With- drawals Act of 2013. Sec. 2855. Prohibition on use of funds for resettlement in the United States of certain individuals from the West Bank or Gaza. Sec. 2856. Expansion of defense community infrastructure pilot program to in- clude installations of the Coast Guard. TITLE XXIX—MILITARY CONSTRUCTION DISASTER RECOVERY Sec. 2901. Authorized Navy disaster recovery construction and land acquisition projects. Sec. 2902. Authorized Air Force disaster recovery construction and land acqui- sition projects. Sec. 2903. Authorization of emergency supplemental appropriations for military construction projects. 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. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 27 •S 4638 RS Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 3112. Authorization for modification of weapons. Sec. 3113. National Nuclear Security Administration management and process improvements. Sec. 3114. Restoration of a domestic uranium enrichment capability. Sec. 3115. Report on activities from U.S.–U.K. Mutual Defense Agreement. Sec. 3116. Modification of reporting requirements relating to cost-benefit anal- yses for competition of management and operating contracts. Sec. 3117. Authority for National Nuclear Security Administration to use pas- senger carriers for contractor commuting. Sec. 3118. Limitation on availability of funds pending submission of informa- tion on streamlining National Nuclear Security Administration contracting. Sec. 3119. Limitation on availability of funds pending submission of certifi- cation relating to W80–4 Alteration-SLCM. Sec. 3120. Prohibition on use of funds to support access to National Nuclear Security Administration facilities. Sec. 3121. Notification of certain regulations that impact the National Nuclear Security Administration. Sec. 3122. Authorization of Department of Defense and contractors to acquire and operate a utilization facility. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Maritime Administration. 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 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 28 •S 4638 RS ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 1 for this Act, jointly submitted for printing in the Congres- 2 sional Record by the Chairmen of the House and Senate 3 Budget Committees, provided that such statement has 4 been submitted prior to the vote on passage in the House 5 acting first on the conference report or amendment be- 6 tween the Houses. 7 DIVISION A—DEPARTMENT OF 8 DEFENSE AUTHORIZATIONS 9 TITLE I—PROCUREMENT 10 Subtitle A—Authorization of 11 Appropriations 12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 13 Funds are hereby authorized to be appropriated for 14 fiscal year 2025 for procurement for the Army, the Navy 15 and the Marine Corps, the Air Force and the Space Force, 16 and Defense-wide activities, as specified in the funding 17 table in section 4101. 18 Subtitle B—Army Programs 19 SEC. 111. CENTRALIZED SECURITY MONITORING PROGRAM 20 FOR FACILITIES OF THE ARMY. 21 (a) IN GENERAL.—The Secretary of the Army (in 22 this section referred to as the ‘‘Secretary’’) shall establish 23 a centralized security monitoring program for installations 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 29 •S 4638 RS and facilities of the Department of the Army in the United 1 States. 2 (b) INITIAL OPERATING CAPABILITY.—The Sec- 3 retary shall ensure that the program required under sub- 4 section (a) achieves initial operating capability not later 5 than two years after the date of the enactment of this Act. 6 (c) SELECTION OF CENTERS.— 7 (1) IN GENERAL.—The Secretary shall select 8 three installations of the Department of the Army to 9 serve as centers for the program required under sub- 10 section (a). 11 (2) CONSIDERATIONS.—The centers selected 12 under paragraph (1) shall— 13 (A) include a mix of large and extra-large 14 installations, as defined by the 2016 business 15 case analysis conducted by the Provost Marshal 16 General of the Army; and 17 (B) be geographically dispersed to increase 18 resilience of networked monitoring under the 19 program required under subsection (a). 20 (d) DUTIES.— 21 (1) HOSTING OF SYSTEM.—In carrying out the 22 program required under subsection (a), the Sec- 23 retary shall host centralized intrusion detection sys- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 30 •S 4638 RS tem monitoring, assessment, and dispatching at the 1 centers selected under subsection (c)(1). 2 (2) FORCE PROTECTION AND ASSET MONI- 3 TORING.—The centers selected under subsection 4 (c)(1) shall maximize use of commercially available 5 technology, automation, and industry best practices 6 to modernize force protection and asset monitoring 7 for the Department of the Army. 8 (3) NETWORKING OF SITES.—The Secretary 9 shall ensure that all installations and facilities of the 10 Department of the Army in the United States are 11 networked and that the centers selected under sub- 12 section (c)(1) are able to provide continuous and re- 13 dundant monitoring, assessment, and dispatching 14 services to those installations and facilities. 15 (e) REPORT.— 16 (1) IN GENERAL.—Not later than 180 days 17 after the date of the enactment of this Act, the Sec- 18 retary shall submit to the Committees on Armed 19 Services of the Senate and the House of Representa- 20 tives a report that outlines the plans of the Sec- 21 retary to implement the centralized security moni- 22 toring program required under subsection (a) and 23 assesses the performance of such program. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 31 •S 4638 RS (2) ELEMENTS.—The report required under 1 paragraph (1) shall include an identification of the 2 following: 3 (A) Locations selected for centers under 4 subsection (c)(1). 5 (B) Cost and schedule to execute the pro- 6 gram required under subsection (a). 7 (C) Defined measures of performance for 8 initial operating capability and final operating 9 capability of such program. 10 (D) Expected cost savings of such program 11 as compared to current security monitoring sys- 12 tems of the Department of the Army. 13 (E) Technological modernization barriers 14 to the implementation of networked remote 15 monitoring under such program. 16 SEC. 112. STRATEGY FOR ARMY ACTIVE PROTECTION SYS- 17 TEMS. 18 (a) STRATEGY REQUIRED.—Not later than Sep- 19 tember 30, 2025, the Secretary of the Army shall submit 20 to the congressional defense committees a strategy for the 21 testing, procurement, integration, and fielding of active 22 protection systems on Army ground combat vehicles. 23 (b) ELEMENTS.—The strategy required by subsection 24 (a) shall include the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 32 •S 4638 RS (1) The status of all active protection systems 1 previously considered, tested, integrated, or procured 2 by the Army. 3 (2) The status of any Army projects to develop 4 its own active protection system, including an expla- 5 nation for the Army’s decision to compete with com- 6 mercial alternatives. 7 (3) The Army’s plan to solicit bids for its mod- 8 ular vehicle base kit. 9 (4) A plan to conduct operational testing of all 10 active protection systems, including any system 11 being developed by the Army, which shall assess— 12 (A) a shot by each system under the same 13 conditions; 14 (B) multishot capability; 15 (C) collateral damage; 16 (D) damage to witness plates or vehicles; 17 (E) ability to defeat threats of concern to 18 the Army, including— 19 (i) full top attack threats; 20 (ii) kinetic energy rounds; 21 (iii) unmanned aerial systems, by 22 class; and 23 (iv) fuzed missiles; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 33 •S 4638 RS (F) ability to upgrade each system to ad- 1 dress future threats; 2 (G) weight and power draw of each system; 3 and 4 (H) such other matters as the Secretary 5 determines relevant. 6 (5) The strategy of the Army to integrate, test, 7 and achieve a program of record for active protec- 8 tion systems on current and future combat vehicle 9 fleets. 10 (c) CONSIDERATIONS.—In developing the strategy re- 11 quired by subsection (a), the Secretary of the Army shall 12 consider the following objectives and factors: 13 (1) The risks incurred by the Army in its cur- 14 rent active protection system posture of limited inte- 15 gration onto ground vehicle fleets. 16 (2) Lessons learned from active protection sys- 17 tems in ongoing armed conflicts. 18 (3) The capabilities of active protection systems 19 from foreign or domestic entities. 20 (4) The acquisition and lifecycle costs of each 21 active protection system identified under subsection 22 (b)(1). 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 34 •S 4638 RS (5) The Army’s plan for modularity, including 1 the ability to use the same active protection system 2 across multiple platforms. 3 SEC. 113. CERTIFICATION OF ADDITIONAL MANUFACTURER 4 FOR LOW, SLOW, SMALL UNMANNED AIR- 5 CRAFT INTEGRATED DEFEAT SYSTEM OF THE 6 ARMY. 7 Not later than September 30, 2025, the Secretary of 8 the Army shall certify at least one additional interceptor 9 and production manufacturer for the low, slow, small un- 10 manned aircraft integrated defeat system of the Army 11 (FS–LIDS and M–LIDS). 12 Subtitle C—Navy Programs 13 SEC. 121. EXTENSION OF PROHIBITION ON AVAILABILITY 14 OF FUNDS FOR NAVY PORT WATERBORNE SE- 15 CURITY BARRIERS. 16 Section 130(a) of the John S. McCain National De- 17 fense Authorization Act for Fiscal Year 2019 (Public Law 18 115–232; 132 Stat. 1665), as most recently amended by 19 section 122 of the National Defense Authorization Act for 20 Fiscal Year 2024 (Public Law 118–31; 137 Stat. 169), 21 is further amended by striking ‘‘through 2024’’ and in- 22 serting ‘‘through 2025’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 35 •S 4638 RS SEC. 122. CONSTELLATION-CLASS FRIGATE PROGRAM. 1 (a) CERTIFICATION REQUIRED.—Upon final approval 2 of 95 percent of all functional design drawings for the 3 Constellation-class frigate program by the designated 4 technical authority, the Secretary of Defense shall certify 5 to the congressional defense committees that such draw- 6 ings have been so approved. 7 (b) LIMITATION.—None of the amounts authorized to 8 be appropriated by this Act for fiscal year 2025 may be 9 obligated or expended for a scope of work for the construc- 10 tion of a Constellation-class frigate until after submission 11 of the certification required by subsection (a). 12 (c) ASSESSMENT AND EVALUATION.—Not later than 13 30 days after the date on which the Secretary of Defense 14 submits the certification required by subsection (a), the 15 Comptroller General of the United States shall— 16 (1) assess the Secretary’s compliance with this 17 section; and 18 (2) submit to the congressional defense commit- 19 tees an evaluation of the completeness of the func- 20 tional design drawings described in such subsection. 21 SEC. 123. LIMITATION ON THE CONSTRUCTION OF THE 22 LANDING SHIP MEDIUM. 23 The Secretary of the Navy shall not award a contract 24 that includes a scope of work for the construction of the 25 lead ship of the Landing Ship Medium program until the 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 36 •S 4638 RS Secretary certifies to the congressional defense committees 1 that basic and functional design (as defined in section 2 8669c(c) of title 10, United States Code) with respect to 3 such ship is complete. 4 SEC. 124. AUTHORITY FOR THE PROCUREMENT, LEASING, 5 OR CHARTERING OF A MEDIUM-SIZED LAND- 6 ING SHIP. 7 (a) AUTHORITY.—Beginning in fiscal year 2025, the 8 Secretary of the Navy may enter into one or more con- 9 tracts or other agreements for the procurement, leasing, 10 or chartering of a commercial or non-developmental ship, 11 and associated materials, that— 12 (1) is capable of deploying 50 Marines and 648 13 short tons of cargo directly to a beach where the 14 water depth increases a maximum of one foot for 15 every 25 feet of horizontal distance; 16 (2) can transit a minimum of 3,500 nautical 17 miles; and 18 (3) is derived from a parent design that has 19 been demonstrated. 20 (b) EXEMPTIONS.—The service acquisition executive 21 of the Navy may exempt a contract or other agreement 22 entered into under subsection (a) from the requirements 23 of full and open competition under section 3201 of title 24 10, United States Code. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 37 •S 4638 RS (c) LIABILITY.—Any contract or other agreement en- 1 tered into under subsection (a) shall provide that— 2 (1) any obligation of the United States to make 3 a payment under the contract or other agreement is 4 subject to the availability of appropriations for that 5 purpose; and 6 (2) the total liability of the Federal Government 7 for termination of the contract or other agreement 8 shall be limited to the total amount of funding obli- 9 gated to the contract or other agreement at the time 10 of termination. 11 SEC. 125. ANNUAL REPORT ON SURFACE SHIP SUPPLIERS. 12 (a) IN GENERAL.—Not later than 180 days after the 13 date of the enactment of this Act, and once every fiscal 14 year thereafter through September 30, 2029, the Sec- 15 retary of the Navy shall submit to the congressional de- 16 fense committees a report analyzing suppliers of surface 17 ship components. 18 (b) ELEMENTS.—Each report required by subsection 19 (a) shall include the following: 20 (1) An assessment of the status of each sup- 21 plier of surface ship components according to the 22 evaluation tool used for Columbia-class submarine 23 suppliers. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 38 •S 4638 RS (2) If the assessment described in paragraph 1 (1) indicates that the supply base of any surface 2 ship component is in an at-risk status, a plan for ac- 3 tions to stabilize that base. 4 SEC. 126. BLOCK BUY CONTRACT AND MULTIYEAR PRO- 5 CUREMENT AUTHORITY FOR CH–53K HEAVY 6 LIFT HELICOPTER PROGRAM. 7 (a) BLOCK BUY CONTRACT AUTHORITY FOR AIR- 8 FRAMES.— 9 (1) IN GENERAL.—The Secretary of the Navy 10 may enter into one or more block buy contracts, dur- 11 ing fiscal years 2025 and 2026, for the procurement 12 of not more than 37 airframes in support of the 13 CH–53K heavy lift helicopter program. 14 (2) CONDITION FOR OUT-YEAR CONTRACT PAY- 15 MENTS.—Any block buy contract entered into under 16 paragraph (1) shall provide that any obligation of 17 the United States to make a payment under the con- 18 tract for a fiscal year after fiscal year 2025 is sub- 19 ject to the availability of appropriations or funds for 20 that purpose for such later fiscal year. 21 (3) BLOCK BUY CONTRACT DEFINED.—In this 22 subsection, the term ‘‘block buy contract’’ means a 23 contract for the procurement of CH–53K air- 24 frames— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 39 •S 4638 RS (A) for not more than two program years; 1 (B) that permits the procurement of air- 2 frames over a period of more than one year 3 without requiring the exercise of a contract op- 4 tion for each year after the first year; and 5 (C) that may provide for a cancellation 6 payment to be made to the contractor if appro- 7 priations for payments under the contract are 8 not made. 9 (b) MULTIYEAR PROCUREMENT AUTHORITY FOR EN- 10 GINES.— 11 (1) IN GENERAL.—Subject to section 3501 of 12 title 10, United States Code, the Secretary of the 13 Navy may enter into one or more multiyear con- 14 tracts for the procurement of not more than 350 15 T408 engines. 16 (2) AUTHORITY FOR ADVANCE PROCUREMENT 17 AND ECONOMIC ORDERING QUANTITY.—The Sec- 18 retary of the Navy may enter into one or more con- 19 tracts, beginning in fiscal year 2025, for advance 20 procurement associated with the engines (including 21 economic ordering quantity) for which authorization 22 to enter into a multiyear contract is provided under 23 paragraph (1). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 40 •S 4638 RS (3) CONDITION FOR OUT-YEAR CONTRACT PAY- 1 MENTS.—Any multiyear contract entered into under 2 paragraph (1) shall provide that any obligation of 3 the United States to make a payment under the con- 4 tract for a fiscal year after fiscal year 2025 is sub- 5 ject to the availability of appropriations or funds for 6 that purpose for such later fiscal year. 7 SEC. 127. MODIFICATION OF REQUIREMENT TO INCOR- 8 PORATE ADVANCED DEGAUSSING SYSTEMS 9 INTO ARLEIGH BURKE CLASS DESTROYERS. 10 Section 124(a) of the National Defense Authoriza- 11 tions Act for Fiscal Year 2022 (Public Law 117–81; 135 12 Stat. 1570) is amended by striking ‘‘fiscal year 2025’’ and 13 inserting ‘‘fiscal year 2028’’. 14 SEC. 128. MODIFICATION OF AUTHORITY TO PURCHASE 15 USED VESSELS UNDER THE NATIONAL DE- 16 FENSE SEALIFT FUND. 17 Section 2218(f)(3) of title 10, United States Code, 18 is amended— 19 (1) in subparagraph (A), by striking ‘‘sub- 20 section (c)(1)(E)’’ and inserting ‘‘subsection 21 (c)(1)(D)’’; and 22 (2) in subparagraph (C), by striking ‘‘nine’’ and 23 inserting ‘‘13’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 41 •S 4638 RS SEC. 129. AUTHORITY FOR INCREMENTALLY FUNDED CON- 1 TRACT FOR THE CONSTRUCTION OF A VIR- 2 GINIA-CLASS SUBMARINE. 3 (a) IN GENERAL.—Amounts authorized to be appro- 4 priated by this Act for the Navy for Shipbuilding and Con- 5 version for fiscal year 2025 may be used by the Secretary 6 of the Navy to enter into an incrementally funded contract 7 for the construction of a Virginia-class submarine. 8 (b) LIABILITY.—A contract entered into under sub- 9 section (a) shall provide that— 10 (1) any obligation of the United States to make 11 a payment under the contract is subject to the avail- 12 ability of appropriations for that purpose; and 13 (2) the total liability of the Government for the 14 termination of the contract shall be limited to the 15 total amount of funding obligated to the contract at 16 the time of termination. 17 (c) FUNDING.— 18 (1) INCREASED FUNDING.—The amount au- 19 thorized to be appropriated by section 101 and avail- 20 able for Shipbuilding and Conversion, Navy, Virginia 21 Class Submarine, One Additional Ship, as specified 22 in the funding table in section 4101, is hereby in- 23 creased by $400,000,000. 24 (2) OFFSET.—The amount authorized to be ap- 25 propriated by section 201 and available for Re- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 42 •S 4638 RS search, Development, Test & Evaluation, Navy, Line 1 164, Next Generation Fighter, as specified in the 2 funding table in section 4201, is hereby reduced by 3 $400,000,000. 4 SEC. 130. SENSE OF CONGRESS ON AIRCRAFT CARRIER AC- 5 QUISITION STRATEGIES. 6 (a) FINDINGS.—Congress finds the following: 7 (1) The aircraft carriers of the Navy are a cor- 8 nerstone of the United States’ ability to project its 9 power and strength. 10 (2) Construction of Gerald R. Ford-class air- 11 craft carriers represents a national effort that re- 12 quires predictable and stable build schedules and 13 alignment of purpose between the Department of 14 Defense, the Department of the Navy, and the air- 15 craft carrier industrial base. 16 (3) The aircraft carrier industrial base includes 17 more than 2,000 companies in 44 States that con- 18 tribute to the construction and maintenance of these 19 complex and technologically advanced ships. 20 (4) The benefits of stable, executable aircraft 21 carrier procurement plans extend throughout the 22 aircraft carrier industrial base, promoting the devel- 23 opment and retention of highly skilled workforces 24 and capital investments in world-class manufac- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 43 •S 4638 RS turing and shipbuilding facilities throughout the 1 United States. 2 (5) Aircraft carrier procurement plans accom- 3 panying the President’s budget request for fiscal 4 years 2023 and 2024 forecast procurement of the 5 CVN–82 carrier in fiscal year 2028, however, the 6 fiscal year 2025 plan defers procurement until fiscal 7 year 2030, creating a significant and destabilizing 8 production gap for the aircraft carrier industrial 9 base. 10 (b) SENSE OF CONGRESS.—It is the sense of Con- 11 gress that— 12 (1) the Secretary of Defense and the Secretary 13 of the Navy should implement aircraft carrier acqui- 14 sition strategies that maximize benefits to oper- 15 ational commanders while simultaneously protecting 16 the interests of the taxpayer and supporting the na- 17 tional nuclear shipbuilding industrial base; 18 (2) the Secretary of Defense and the Secretary 19 of the Navy should review and revise the acquisition 20 strategy, including a two-ship buy of the CVN–82 21 and CVN–83 carriers, for Ford-class aircraft car- 22 riers in the President’s budget request for fiscal year 23 2026 to ensure the strategy is consistent with ac- 24 cepted shipbuilding industrial base analyses, prior 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 44 •S 4638 RS Department of Defense recommendations, reports to 1 Congress, congressional resolutions, section 8062 of 2 title 10, United States Code, and national security 3 interests; and 4 (3) the Secretary of Defense should request 5 procurement of the CVN–82 carrier not later than 6 fiscal year 2028. 7 SEC. 130A. MODIFICATIONS TO PROCUREMENT AUTHORI- 8 TIES FOR CERTAIN AMPHIBIOUS SHIP- 9 BUILDING PROGRAMS. 10 Section 129 of the James M. Inhofe National Defense 11 Authorization Act for Fiscal Year 2023 (Public Law 117– 12 263; 136 Stat. 2448) is amended— 13 (1) by redesignating subsections (d), (e), and 14 (f) as subsections (e), (f), and (g), respectively; and 15 (2) by inserting after subsection (c) the fol- 16 lowing new subsection: 17 ‘‘(d) AUTHORITY TO ENTER INTO ECONOMIC ORDER 18 QUANTITY CONTRACTS.—The Secretary of the Navy may 19 use funds associated with this section to enter into con- 20 tracts known as ‘economic order quantity contracts’ with 21 private shipyards and other commercial or government en- 22 tities to achieve economic efficiencies based on production 23 economies for major components or subsystems. The au- 24 thority under this subsection extends to the procurement 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 45 •S 4638 RS of parts, components, and systems (including weapon sys- 1 tems) common with, and required for, covered ships under 2 joint economic order quantity contracts.’’. 3 Subtitle D—Air Force Programs 4 SEC. 131. PROHIBITION ON CERTAIN REDUCTIONS TO IN- 5 VENTORY OF E–3 AIRBORNE WARNING AND 6 CONTROL SYSTEM AIRCRAFT. 7 (a) PROHIBITION.—None of the funds authorized to 8 be appropriated by this Act for fiscal year 2025 for the 9 Air Force may be obligated or expended to retire, prepare 10 to retire, or place in storage or in backup aircraft inven- 11 tory any E–3 aircraft if such actions would reduce the 12 total aircraft inventory for such aircraft below 16. 13 (b) EXCEPTION FOR PLAN.—If the Secretary of the 14 Air Force submits to the congressional defense committees 15 a plan for maintaining readiness and ensuring there is no 16 lapse in mission capabilities, the prohibition under sub- 17 section (a) shall not apply to actions taken to reduce the 18 total aircraft inventory for E–3 aircraft to below 16, be- 19 ginning 30 days after the date on which the plan is so 20 submitted. 21 (c) EXCEPTION FOR E–7 PROCUREMENT.—If the 22 Secretary of the Air Force procures enough E–7 23 Wedgetail aircraft to accomplish the required mission 24 load, the prohibition under subsection (a) shall not apply 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 46 •S 4638 RS to actions taken to reduce the total aircraft inventory for 1 E–3 aircraft to below 16 after the date on which such E– 2 7 Wedgetail aircraft are delivered. 3 SEC. 132. MANAGEMENT OF TEMPORARY RELOCATION OF 4 B–1 BOMBER AIRCRAFT AND PERSONNEL. 5 Section 133 of the National Defense Authorization 6 Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 7 1574), as most recently amended by section 136 of the 8 National Defense Authorization Act for Fiscal Year 2024 9 (Public Law 118–31; 137 Stat. 174), is further amend- 10 ed— 11 (1) by redesignating subsection (c) as sub- 12 section (d); and 13 (2) by inserting after subsection (b) the fol- 14 lowing new subsection (c): 15 ‘‘(c) TEMPORARY RELOCATION.—The Secretary of 16 the Air Force shall, to the extent practicable, manage the 17 temporary relocation of any B–1 bomber aircraft or per- 18 sonnel assigned to units responsible for the operation and 19 maintenance of such aircraft resulting from planned mili- 20 tary construction in a manner that— 21 ‘‘(1) minimizes effects to combat readiness; 22 ‘‘(2) mitigates the risk of concentrating a sig- 23 nificant number of the total B–1 bomber fleet at one 24 location; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 47 •S 4638 RS ‘‘(3) uses the construction period to maximize 1 expeditionary actions such as through Bomber Task 2 Force and Agile Combat Employment; and 3 ‘‘(4) takes into consideration travel options and 4 travel distance for families and dependents of such 5 personnel.’’. 6 SEC. 133. MODIFICATION OF REQUIREMENTS FOR COST- 7 BENEFIT AND TECHNICAL RISK ANALYSIS 8 FOR F–35 PROPULSION AND THERMAL MAN- 9 AGEMENT MODERNIZATION PROGRAM. 10 Section 226(b)(2) of the National Defense Authoriza- 11 tion Act for Fiscal Year 2024 (Public Law 118–31) is 12 amended— 13 (1) by striking subparagraphs (B) through (D); 14 (2) by redesignating subparagraphs (E) 15 through (G) as subparagraphs (F) through (H), re- 16 spectively; and 17 (3) by inserting after subparagraph (A) the fol- 18 lowing new subparagraphs (B) through (E): 19 ‘‘(B) The power and thermal management 20 system ensuring up to 62 Kilowatts of cooling 21 and encompassing the following: 22 ‘‘(i) Power and cooling for aircraft 23 startup. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 48 •S 4638 RS ‘‘(ii) Conventional cockpit cooling and 1 pressurization. 2 ‘‘(iii) Canopy seal, anti-g suit pressur- 3 ization. 4 ‘‘(iv) Canopy defog. 5 ‘‘(v) Power and cooling for ground 6 maintenance. 7 ‘‘(vi) Backup cooling for flight critical 8 systems. 9 ‘‘(vii) Lift fan clutch cooling. 10 ‘‘(viii) Nacelle and integrated power 11 package ventilation. 12 ‘‘(C) Pressurization source for on-board- 13 inert-gas-generation-system, on-board-oxygen- 14 generation-system, and weapons. 15 ‘‘(D) The electrical power system encom- 16 passing the following: 17 ‘‘(i) Main engine start power – inte- 18 grated starter generator. 19 ‘‘(ii) Emergency power system. 20 ‘‘(iii) Independent electrical power for 21 normal and emergency operation modes. 22 ‘‘(E) The fuel thermal management system 23 including the dry bay ventilation.’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 49 •S 4638 RS SEC. 134. PLAN FOR SUSTAINMENT AND RECAPITALIZA- 1 TION OF AIR NATIONAL GUARD FIGHTER 2 FLEET. 3 (a) IN GENERAL.—The Secretary of the Air Force, 4 in consultation with the Director of the Air National 5 Guard, shall develop a plan to sustain and recapitalize the 6 fighter fleet of the Air National Guard. 7 (b) ELEMENTS.—The recapitalization plan required 8 under subsection (a) shall— 9 (1) identify each of the 25 fighter aircraft 10 squadrons of the Air National Guard in existence on 11 the date of the enactment of this Act; 12 (2) provide a plan for recapitalization of all 13 such squadrons at a similar rate as the fighter air- 14 craft squadrons of the active components of the 15 Armed Forces, with the same combination of legacy 16 capability fighter aircraft and advanced capability 17 fighter aircraft found in fighter aircraft squadrons 18 of the active components of the Armed Forces; and 19 (3) establish a timetable for a plan or actions 20 for the recapitalization required under paragraph 21 (2), disaggregated by fighter aircraft squadron and 22 fiscal year, which shall identify funding required for 23 each fiscal year. 24 (c) REPORT.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 50 •S 4638 RS (1) IN GENERAL.—Not later than July 1, 2025, 1 the Secretary of the Air Force shall submit to the 2 congressional defense committees a report that in- 3 cludes the sustainment and recapitalization plan re- 4 quired under subsection (a). 5 (2) FORM.—The report required under para- 6 graph (1) shall be submitted in unclassified form, 7 but may contain a classified annex. 8 (d) DEFINITIONS.—In this section: 9 (1) ADVANCED CAPABILITY FIGHTER AIR- 10 CRAFT.—The term ‘‘advanced capability fighter air- 11 craft’’— 12 (A) means the next-generation air domi- 13 nance fighter aircraft or any other fighter air- 14 craft referenced or designated as a sixth gen- 15 eration airframe; and 16 (B) does not include unmanned fighter air- 17 craft. 18 (2) FIFTH GENERATION.—The term ‘‘fifth gen- 19 eration’’, with respect to fighter aircraft, means an 20 F–22 or F–35 aircraft. 21 (3) FIGHTER AIRCRAFT.—The term ‘‘fighter 22 aircraft’’ has the meaning given that term in section 23 9062(i)(2) of title 10, United States Code. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 51 •S 4638 RS (4) LEGACY CAPABILITY FIGHTER AIRCRAFT.— 1 The term ‘‘legacy capability fighter aircraft’’ means 2 pre-fifth generation fighter aircraft, including an F– 3 16, both pre-block and post-block, F–15C/D, F– 4 15E/EX, and A–10. 5 SEC. 135. AIR BASE AIR DEFENSE. 6 (a) PROGRAM PLAN.—The Secretary of the Air Force 7 shall develop a plan for a program to support the fielding 8 of sites for air base air defense at installations of the Air 9 Force and other priority locations, if designated by the 10 Secretary of Defense under subsection (d). 11 (b) CONSULTATION.—In developing the plan required 12 by subsection (a), the Secretary of the Air Force shall con- 13 sult with— 14 (1) the Commander of the United States Euro- 15 pean Command; 16 (2) the Commander of the United States North- 17 ern Command; and 18 (3) the Commander of the United States Indo- 19 Pacific Command. 20 (c) CAPABILITIES.—The sites for air base air defense 21 under the program described in subsection (a) shall in- 22 clude the following capabilities: 23 (1) Expeditionary mobile protection for dis- 24 persed air bases. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 52 •S 4638 RS (2) Fixed protection for primary air bases. 1 (3) Layered kinetic and non-kinetic effects from 2 the surface. 3 (4) Counter-uncrewed aircraft systems. 4 (5) Counter-fixed and rotary wing aircraft. 5 (6) Counter-cruise missile. 6 (7) Interoperability with joint command and 7 control networks. 8 (8) 360-degree active and passive sensors. 9 (9) Systems and software that enable reduced 10 staffing. 11 (d) LOCATION DESIGNATION.—The Secretary of De- 12 fense shall designate a prioritized list of installations of 13 the Air Force and other locations for the program de- 14 scribed in subsection (a). 15 (e) FIELDING REQUIREMENT.—The Secretary of the 16 Air Force shall ensure that— 17 (1) not fewer than four sites for air base air de- 18 fense are fielded by September 30, 2027; 19 (2) not fewer than four sites for air base air de- 20 fense are fielded each year through 2031; and 21 (3) not fewer than two sites for air base air de- 22 fense are sited in the United States each year. 23 (f) REPORT AND FUNDING REQUIREMENTS.—The 24 Secretary of the Air Force shall— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 53 •S 4638 RS (1) not later than March 1, 2025, submit to the 1 congressional defense committees a report on the 2 plan developed under subsection (a), the capabilities 3 described in subsection (c), a plan to meet the field- 4 ing requirement under subsection (e), and related 5 acquisitions; and 6 (2) ensure the fielding requirement under sub- 7 section (e) is fully resourced in the budget for fiscal 8 year 2027 submitted by the President to Congress 9 under section 1105(a) of title 31, United States 10 Code. 11 SEC. 136. ANNUAL REPORT ON AIR FORCE TACTICAL 12 FIGHTER AIRCRAFT FORCE STRUCTURE. 13 (a) IN GENERAL.—Chapter 907 of title 10, United 14 States Code, is amended by inserting after section 9062 15 the following new section: 16 ‘‘§ 9062a. Annual report on Air Force tactical fighter 17 aircraft force structure. 18 ‘‘(a) IN GENERAL.—Not later than April 1, 2025, 19 and annually thereafter through 2029, the Secretary of 20 the Air Force, in consultation with the Director of the Air 21 National Guard and the Commander of the Air Force Re- 22 serve Command, shall— 23 ‘‘(1) develop a 10-year tactical fighter aircraft 24 force structure, recapitalization, training, and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 54 •S 4638 RS sustainment plan for the active and reserve compo- 1 nents of the Air Force; and 2 ‘‘(2) submit to the congressional defense com- 3 mittees a report on the plan. 4 ‘‘(b) ELEMENTS OF REPORT.—The report required 5 by subsection (a) shall address each of the following: 6 ‘‘(1) The appropriate mix of tactical fighter air- 7 craft, and associated operational risk analyses, re- 8 quired for the Secretary of the Air Force to meet ex- 9 pected steady-state, global force management alloca- 10 tion plans and geographic combatant commander 11 contingency operational plans tasked to the Air 12 Force, using active and reserve component tactical 13 fighter aircraft units. 14 ‘‘(2) The procurement, divestment, and unit ac- 15 tivation, deactivation, or re-missioning plans or ac- 16 tions the Secretary plans to implement, fiscal year- 17 by-fiscal year, unit-by-unit, for the 10-year period 18 beginning on the date on which the report is sub- 19 mitted, for each active and reserve component tac- 20 tical fighter aircraft unit existing as of such date of 21 submittal, including the rationale and justification 22 for any such plans or actions. 23 ‘‘(3) The actions the Secretary will take to en- 24 sure that required operational readiness rates are 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 55 •S 4638 RS maintained during any planned recapitalization, 1 modernization, or change of mission affecting tac- 2 tical fighter aircraft units. 3 ‘‘(4) Any plans of the Secretary to augment or 4 supplant existing piloted tactical fighter aircraft ca- 5 pability or capacity with collaborative combat air- 6 craft increment 1 or increment 2 capability or capac- 7 ity. 8 ‘‘(5) Any plans of the Secretary to augment or 9 supplant existing piloted tactical fighter aircraft 10 training events through the acquisition and fielding 11 of common, joint, all-domain, high-fidelity synthetic 12 simulation environments. 13 ‘‘(c) FORM OF REPORT.—The report required by sub- 14 section (a) shall be submitted in unclassified form with 15 accompanying graphs, tables, and charts, but may contain 16 a classified annex. 17 ‘‘(d) FIGHTER AIRCRAFT DEFINED.—In this section, 18 the term ‘fighter aircraft’ has the meaning given that term 19 in section 9062(i)(2) of this title.’’. 20 (b) CLERICAL AMENDMENT.—The table of sections 21 at the beginning of chapter 907 of such title is amended 22 by inserting after the item relating to section 9062 the 23 following new item: 24 ‘‘9062a. Annual report on Air Force tactical fighter aircraft force structure.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 56 •S 4638 RS SEC. 137. EXTENSION OF LIMITATIONS AND MINIMUM IN- 1 VENTORY REQUIREMENT RELATING TO RQ–4 2 AIRCRAFT. 3 Section 9062(m)(1) of title 10, United States Code, 4 is amended, in the matter preceding subparagraph (A), 5 by striking ‘‘September 30, 2028’’ and inserting ‘‘Sep- 6 tember 30, 2029’’. 7 SEC. 138. MODIFICATION OF INVENTORY REQUIREMENTS 8 FOR AIRCRAFT OF THE COMBAT AIR FORCES. 9 (a) TEMPORARY EXCEPTION TO MINIMUM PRIMARY 10 MISSION AIRCRAFT INVENTORY.—Section 133(a) of the 11 National Defense Authorization Act for Fiscal Year 2024 12 (Public Law 118–31; 137 Stat. 173) is amended by strik- 13 ing ‘‘1,112 aircraft’’ and inserting ‘‘1,101 aircraft’’. 14 (b) PROHIBITION ON RETIREMENT OF F–15E AIR- 15 CRAFT.—Section 9062(l)(1) of title 10, United States 16 Code, is amended— 17 (1) in the matter preceding subparagraph (A), 18 by striking ‘‘2024’’ and inserting ‘‘2025’’; 19 (2) in subparagraph (A), by striking ‘‘more 20 than 68’’ and inserting ‘‘any’’; 21 (3) in subparagraph (B), by striking ‘‘re- 22 tained’’; and 23 (4) in subparagraph (C), by striking ‘‘an F– 24 15E aircraft (other than an aircraft identified for 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 57 •S 4638 RS retirement under subparagraph (A))’’ and inserting 1 ‘‘any F–15E aircraft’’. 2 (c) A–10 AIRCRAFT MINIMUM INVENTORY REQUIRE- 3 MENT.—Section 134(d) of the National Defense Author- 4 ization Act for Fiscal Year 2017 (Public Law 114–328; 5 130 Stat. 2038), as most recently amended by section 6 137(a) of the National Defense Authorization Act for Fis- 7 cal Year 2024 (Public Law 118–31; 137 Stat. 174), is 8 further amended by striking ‘‘135 A–10 aircraft’’ and in- 9 serting ‘‘96 A–10 aircraft’’. 10 Subtitle E—Defense-wide, Joint, 11 and Multiservice Matters 12 SEC. 141. MODIFICATION OF PILOT PROGRAM TO ACCEL- 13 ERATE THE PROCUREMENT AND FIELDING 14 OF INNOVATIVE TECHNOLOGIES. 15 Section 834(b) of the National Defense Authorization 16 Act for Fiscal Year 2022 (10 U.S.C. 4061 note; Public 17 Law 117–81) is amended— 18 (1) in paragraph (2)(A), by inserting ‘‘or (2)’’ 19 after ‘‘paragraph (1)’’; 20 (2) by redesignating paragraph (2) as para- 21 graph (3); and 22 (3) by inserting after paragraph (1) the fol- 23 lowing new paragraph (2): 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 58 •S 4638 RS ‘‘(2) The issuance of not more than two solici- 1 tations for proposals by the Department of Defense 2 in support of the pilot program each fiscal year with 3 no restrictions on the types of businesses providing 4 innovative technologies.’’. 5 SEC. 142. PLAN FOR SIGNALS INTELLIGENCE CAPABILITIES 6 OF ARMED OVERWATCH AIRCRAFT. 7 (a) IN GENERAL.—Not later than 90 days after the 8 date of the enactment of this Act, the Assistant Secretary 9 of Defense for Special Operations and Low Intensity Con- 10 flict and the Commander of the United States Special Op- 11 erations Command shall jointly submit to the congres- 12 sional defense committees a plan for integrating signals 13 intelligence capabilities on fielded armed overwatch air- 14 craft. 15 (b) PLAN REQUIREMENTS.—At a minimum, the plan 16 required by subsection (a) shall— 17 (1) define the signals intelligence requirements 18 for armed overwatch aircraft, including the required 19 signals intelligence capabilities and the number of 20 aircraft to be equipped with such capabilities; 21 (2) articulate the resources necessary by fiscal 22 year to fulfill the requirements described in para- 23 graph (1); and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 59 •S 4638 RS (3) include any other matters the Assistant Sec- 1 retary of Defense for Special Operations and Low 2 Intensity Conflict and the Commander of the United 3 States Special Operations Command consider rel- 4 evant. 5 SEC. 143. ASSESSMENTS OF INVENTORY REQUIREMENTS 6 FOR AIR-TO-AIR MISSILES. 7 (a) IN GENERAL.—The Secretary of the Air Force 8 and the Secretary of the Navy, in coordination with the 9 commanders of the combatant commands, shall jointly as- 10 sess the sufficiency of established inventory requirements 11 for air-to-air missiles. 12 (b) ELEMENTS.—In carrying out subsection (a), the 13 Secretary of the Air Force and the Secretary of the Navy 14 shall jointly— 15 (1) assess planned deliveries of air-to-air mis- 16 siles through 2029 and the total available missiles 17 by type in each year through 2029; 18 (2) assess combined requirements for air-to-air 19 missiles to support operational plans of the United 20 States Central Command, the United States Indo- 21 Pacific Command, the United States Northern Com- 22 mand, and the United States European Command, 23 at low, medium, and high risk; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 60 •S 4638 RS (3) consider emerging requirements for surface- 1 to-air defense and collaborative combat aircraft and 2 how those additional missions will affect inventory 3 requirements for air-to-air missiles; 4 (4) consider the sufficiency of planned acquisi- 5 tion for air-to-air missiles through 2029 to meet 6 operational requirements; 7 (5) consider whether continuing production of 8 the advanced medium-range air-to-air missile pro- 9 gram of record through 2029 would enhance avail- 10 able inventories of air-to-air missiles; and 11 (6) develop recommendations to adjust the 12 planned mix of missiles, including an assessment of 13 whether extending the range or capability of existing 14 air-to-air missiles would better support combined 15 combatant command requirements at medium risk. 16 TITLE II—RESEARCH, DEVELOP- 17 MENT, TEST, AND EVALUA- 18 TION 19 Subtitle A—Authorization of 20 Appropriations 21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 22 Funds are hereby authorized to be appropriated for 23 fiscal year 2025 for the use of the Department of Defense 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 61 •S 4638 RS for research, development, test, and evaluation, as speci- 1 fied in the funding table in section 4201. 2 Subtitle B—Program Require- 3 ments, Restrictions, and Limita- 4 tions 5 SEC. 211. ENSURING COMPLIANCE WITH DEPARTMENT OF 6 DEFENSE POLICY WHEN AWARDING RE- 7 SEARCH GRANTS. 8 Section 1286 of the John S. McCain National De- 9 fense Authorization Act for Fiscal Year 2019 (Public Law 10 115–232; 10 U.S.C. 4001 note) is amended— 11 (1) by redesignating subsections (e) through (h) 12 as subsections (f) through (g), respectively; 13 (2) by inserting after subsection (d) the fol- 14 lowing new subsection (e) 15 ‘‘(e) ANNUAL REVIEWS REQUIRED.—Not later than 16 March 30, 2025, and before March 30 of each year there- 17 after— 18 ‘‘(1) each head of a Department of Defense 19 component that awards grants for research shall 20 carry out a review of a representative sample of the 21 grants awarded by the respective component in the 22 previous fiscal year to ensure that the component is 23 awarding grants in compliance with Department pol- 24 icy; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 62 •S 4638 RS ‘‘(2) the Under Secretary of Defense for Re- 1 search and Engineering shall carry out a review of 2 each of the grants sampled for review under para- 3 graph (1).’’; and 4 (3) in subsection (f), as redesignated by para- 5 graph (1)— 6 (A) in paragraph (1), by inserting ‘‘and on 7 the periodic reviews conducted pursuant to sub- 8 section (e)’’ after ‘‘by subsection (a)’’; and 9 (B) in paragraph (2)— 10 (i) by redesignating subparagraphs 11 (A) through (G) as clauses (i) through 12 (vii), respectively, and indenting such 13 clauses two ems to the right; 14 (ii) by inserting before clause (i), as 15 redesignated by clause (i), the following 16 new subparagraph (A): 17 ‘‘(A) With respect to the activities carried 18 out under the initiative required by subsection 19 (a), the following:’’; and 20 (iii) by adding at the end the fol- 21 lowing new subparagraph: 22 ‘‘(B) With respect to the periodic reviews 23 conducted pursuant to subsection (e), the fol- 24 lowing: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 63 •S 4638 RS ‘‘(i) The number of research grants 1 awarded by the Department. 2 ‘‘(ii) The number of reviews carried 3 out pursuant to subsection (e)(1). 4 ‘‘(iii) The number of reviews carried 5 out pursuant to subsection (e)(2). 6 ‘‘(iv) A description of the processes by 7 which the heads of the components de- 8 scribed in paragraph (1) of subsection (e) 9 and the Under Secretary conducted the re- 10 views under such subsection. 11 ‘‘(v) An assessment of issues identi- 12 fied during the reviews carried out under 13 subsection (e), including a list of grants 14 that were identified as having not been 15 awarded in compliance with Department or 16 component research security risk review 17 guidelines.’’. 18 SEC. 212. EXTENSION OF GLOBAL RESEARCH WATCH PRO- 19 GRAM. 20 Section 4066(f) of title 10, United States, is amended 21 by striking ‘‘September 30, 2025’’ and inserting ‘‘Sep- 22 tember 30, 2035’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 64 •S 4638 RS SEC. 213. COMPETITIVE DEMONSTRATION OF AUTOMATED 1 TARGET RECOGNITION ALGORITHMS. 2 (a) COMPETITIVE DEMONSTRATION REQUIRED.— 3 Not later than June 1, 2025, the Chief Digital and Artifi- 4 cial Intelligence Officer of the Department of Defense 5 (CDAO) shall incorporate into a global information domi- 6 nance experiment a competitive demonstration of at least 7 two different automated target recognition algorithms to 8 determine the most suitable source of development of such 9 algorithms. 10 (b) SOURCES.—For each automated target recogni- 11 tion algorithm to be used in the competitive demonstration 12 required by subsection (a), the source of development of 13 the algorithm shall be— 14 (1) the Federal Government; 15 (2) a university-affiliated research center; or 16 (3) a defense contractor. 17 (c) REQUIREMENTS.—The automated target recogni- 18 tion algorithms used in the competitive demonstration re- 19 quired by subsection (a) shall be developed for the require- 20 ments of two specific projects, selected by the Chief Dig- 21 ital and Artificial Intelligence Officer for purposes of the 22 demonstration, within the Replicator initiative. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 65 •S 4638 RS SEC. 214. MODIFICATIONS TO TEST PROGRAM FOR ENGI- 1 NEERING PLANT OF DDG(X) DESTROYER VES- 2 SELS. 3 Section 221 of the National Defense Authorization 4 Act for Fiscal Year 2022 (Public Law 117–81) is amend- 5 ed— 6 (1) in subsection (a), by adding at the end the 7 following new sentence: ‘‘A minimum of two motor 8 technologies with comparable efficiency, weight, and 9 space characteristics shall be tested in full scale to 10 mitigate program risk and provide sufficient com- 11 petition prior to down selecting to a class decision.’’; 12 (2) in subsection (c), by striking paragraph (1) 13 and inserting the following new paragraph (1): 14 ‘‘(1) Two electrical propulsion motor tech- 15 nologies.’’; and 16 (3) in subsection (d)(1), by inserting ‘‘that in- 17 corporates two propulsion motor technology options’’ 18 before the period at the end. 19 SEC. 215. ASSIGNMENT OF DEPARTMENT OF DEFENSE RE- 20 SPONSIBILITY FOR INTERNATIONAL COL- 21 LABORATION ON DIRECTED ENERGY WEAP- 22 ONS. 23 Section 219(a) of the National Defense Authorization 24 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 25 4205 note) is amended— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 66 •S 4638 RS (1) by redesignating paragraph (6) as para- 1 graph (7); and 2 (2) by inserting after paragraph (5) the fol- 3 lowing new paragraph (6): 4 ‘‘(6) COLLABORATION WITH INTERNATIONAL 5 PARTNERS.—The senior official designated under 6 paragraph (1) shall have primary responsibility for 7 the Department for collaboration, outreach, and co- 8 ordination with international partners on research, 9 development, and transition of directed energy weap- 10 ons.’’. 11 SEC. 216. EXPANSION OF AUTHORITY FOR TECHNOLOGY 12 PROTECTION FEATURES ACTIVITIES. 13 (a) EXPANSION OF AUTHORITY.—Subsection (a) of 14 section 4067 of title 10, United States Code, is amended 15 by striking ‘‘during the research and development phase 16 of such system’’ and inserting ‘‘to increase ally and part- 17 ner military capability and improve coalition interoper- 18 ability’’. 19 (b) COST-SHARING.—Subsection (b) of such section 20 is amended— 21 (1) by redesignating paragraph (2) as para- 22 graph (3); 23 (2) by inserting after paragraph (1) the fol- 24 lowing new paragraph (2): 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 67 •S 4638 RS ‘‘(2) Any contract for the design or development of 1 an exportability feature of a system resulting from activi- 2 ties under subsection (a) for the purpose of enhancing or 3 enabling the exportability of the system shall include a 4 cost-sharing provision that requires the contractor to bear 5 half of the cost of such activities, or such other portion 6 of such cost as the Secretary considers appropriate upon 7 showing of good cause.’’; and 8 (3) in paragraph (3), as so redesignated— 9 (A) by inserting ‘‘or (2)’’ after ‘‘paragraph 10 (1)’’; 11 (B) by inserting ‘‘or exportability feature’’ 12 after ‘‘with respect to a designated system’’; 13 and 14 (C) in subparagraph (A), by inserting ‘‘in 15 the case of a designated system,’’ before ‘‘the’’. 16 SEC. 217. LABORATORY QUALITY ENHANCEMENT PRO- 17 GRAM. 18 (a) IN GENERAL.—Subchapter III of chapter 303 of 19 title 10, United States Code, is amended by adding at the 20 end the following new section: 21 ‘‘§ 4128. Laboratory Quality Enhancement Program 22 ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary of 23 Defense shall, acting through the Under Secretary of De- 24 fense for Research and Engineering, carry out a program 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 68 •S 4638 RS under which the Secretary shall establish the panels de- 1 scribed in subsection (b) and direct such panels— 2 ‘‘(A) to review and make recommendations to 3 the Secretary with respect to— 4 ‘‘(i) existing policies and practices affecting 5 the science and technology reinvention labora- 6 tories to improve the mission effectiveness of 7 such laboratories; 8 ‘‘(ii) new initiatives proposed by the 9 science and technology reinvention laboratories; 10 and 11 ‘‘(iii) new interpretations of existing provi- 12 sions of law that would enhance the ability of 13 a director of a science and technology reinven- 14 tion laboratory to manage the laboratory and 15 discharge the mission of the laboratory; 16 ‘‘(B) to support implementation of current and 17 future initiatives affecting the science and tech- 18 nology reinvention laboratories; and 19 ‘‘(C) to conduct assessments or data analysis on 20 the effectiveness of authorities granted and such 21 other issues as the Secretary determines to be ap- 22 propriate. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 69 •S 4638 RS ‘‘(2) The program carried out pursuant to paragraph 1 (1) shall be known as the ‘Laboratory Quality Enhance- 2 ment Program’. 3 ‘‘(b) PANELS.—The panels described in this sub- 4 section are the following: 5 ‘‘(1) A panel on personnel, workforce develop- 6 ment, and talent management. 7 ‘‘(2) A panel on facilities, equipment, and infra- 8 structure. 9 ‘‘(3) A panel on research strategy, technology 10 transfer, and industry and university partnerships. 11 ‘‘(4) A panel on governance and oversight proc- 12 esses. 13 ‘‘(c) COMPOSITION OF PANELS.—(1) Each panel de- 14 scribed in paragraphs (1) through (3) of subsection (b) 15 may be composed of subject matter and technical manage- 16 ment experts from— 17 ‘‘(A) laboratories and research centers of the 18 Army, Navy, and Air Force; 19 ‘‘(B) appropriate Defense Agencies; 20 ‘‘(C) the Office of the Under Secretary of De- 21 fense for Research and Engineering; and 22 ‘‘(D) such other entities as the Secretary deter- 23 mines to be appropriate. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 70 •S 4638 RS ‘‘(2) The panel described in subsection (b)(4) shall 1 be composed of— 2 ‘‘(A) at least one member from each of the 3 science and technology reinvention laboratories; and 4 ‘‘(B) such other members as the Secretary de- 5 termines to be appropriate. 6 ‘‘(d) GOVERNANCE OF PANELS.—(1) The chair- 7 person of each panel established pursuant to subsection 8 (a) shall be selected by the members of the respective 9 panel. 10 ‘‘(2) Each panel shall, in coordination with the Under 11 Secretary of Defense for Research and Engineering, trans- 12 mit to the Science and Technology Executive Committee 13 of the Department of Defense such information or find- 14 ings on topics requiring decision or approval as the panel 15 considers appropriate. 16 ‘‘(e) INTERPRETATION OF PROVISIONS OF LAW.—(1) 17 The Under Secretary of Defense for Research and Engi- 18 neering shall, acting under the guidance of the Secretary, 19 issue regulations regarding the meaning, scope, implemen- 20 tation, and applicability of any provision of a statute relat- 21 ing to a science and technology reinvention laboratory. 22 ‘‘(2) In interpreting or defining under paragraph (1), 23 the Under Secretary shall, to the degree practicable, em- 24 phasize providing the maximum operational flexibility to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 71 •S 4638 RS the directors of the science and technology reinvention lab- 1 oratories to discharge the missions of their laboratories. 2 ‘‘(3) In interpreting or defining under paragraph (1), 3 the Under Secretary shall, to the extent practicable, con- 4 sult and coordinate with the secretaries of the military de- 5 partments and such other agencies or entities as the 6 Under Secretary considers relevant on any proposed revi- 7 sion to regulations under paragraph (1). 8 ‘‘(4) In interpreting or defining under paragraph (1), 9 the Under Secretary shall seek recommendations from the 10 panel described in subsection (b)(4). 11 ‘‘(f) SCIENCE AND TECHNOLOGY REINVENTION LAB- 12 ORATORY DEFINED.—In this section, the term ‘science 13 and technology reinvention laboratory’ means a Depart- 14 ment of Defense laboratory designated as a Department 15 of Defense science and technology reinvention laboratory 16 by section 4121 of this title.’’. 17 (b) CLERICAL AMENDMENT.—The table of sections 18 at the beginning of chapter 303 of such title is amended 19 by inserting after the item relating to section 4127 the 20 following new item: 21 ‘‘4128. Laboratory Quality Enhancement Program.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 72 •S 4638 RS SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR 1 FUNDAMENTAL RESEARCH COLLABORATION 2 WITH CERTAIN INSTITUTIONS. 3 (a) LIMITATION.—Except as provided in subsection 4 (b), none of the funds authorized to be appropriated by 5 this Act for the Department of Defense may be obligated 6 or expended to award a grant or contract to an institution 7 of higher education for the specific purposes of conducting 8 fundamental research in collaboration with an academic 9 institution that is included in the most recently updated 10 list developed pursuant to 1286(c)(9) of the John S. 11 McCain National Defense Authorization Act for Fiscal 12 Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note), 13 or any individual employed by such an academic institu- 14 tion. 15 (b) WAIVER.— 16 (1) IN GENERAL.—The Assistant Secretary of 17 Defense for Science and Technology may waive the 18 limitation under subsection (a), on a case-by-case 19 basis, with respect to an individual grant or contract 20 for an institution of higher education, if the Assist- 21 ant Secretary determines that such a waiver is in 22 the national security interests of the United States. 23 (2) CONGRESSIONAL NOTICE.—Not later than 24 30 days before the date on which an award is made 25 by the Department involving an institution of higher 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 73 •S 4638 RS education with respect to which a waiver is made 1 under paragraph (1), the Assistant Secretary shall 2 submit to the Committee on Armed Services of the 3 Senate and the Committee on Armed Services of the 4 House of Representatives notice of such waiver. 5 (c) REPORT ANNEX.— 6 (1) IN GENERAL.—On an annual basis, as a 7 classified or controlled unclassified information 8 annex to the annual report required by section 9 1286(e) of the John S McCain National Defense Au- 10 thorization Act for Fiscal Year 2019 (Public Law 11 115–232; 10 U.S.C. 4001 note), the Secretary of 12 Defense shall submit to the Committee on Armed 13 Services of the Senate and the Committee on Armed 14 Services of the House of Representatives a report 15 annex on the compliance of the Department and in- 16 stitutions of higher education with the requirements 17 of this section. 18 (2) CONTENTS.—Each report annex submitted 19 pursuant to paragraph (1) shall include, for each 20 waiver issued under subsection (b) during the period 21 covered by the report— 22 (A) a justification for the waiver; and 23 (B) a detailed description of the type and 24 extent of any collaboration between an institu- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 74 •S 4638 RS tion of higher education and an academic insti- 1 tution or entity described in subsection (a) al- 2 lowed pursuant to the waiver, including identi- 3 fication of the institution of higher education 4 and academic institutions or entities involved, 5 the type of technology involved, the duration of 6 the collaboration and terms and conditions on 7 intellectual property assignment, as applicable, 8 under the collaboration agreement. 9 (3) FORM; PUBLIC AVAILABILITY.—The unclas- 10 sified portion of each report annex submitted pursu- 11 ant to paragraph (1) shall be made available on a 12 publicly accessible website of the Department. 13 (d) DEFINITIONS.—In this section: 14 (1) The term ‘‘collaboration’’ means coordi- 15 nated activity between an institution of higher edu- 16 cation and an entity described in subsection (a) in- 17 cludes— 18 (A) sharing of research facilities, re- 19 sources, or data; 20 (B) transfer, sharing, or dissemination of 21 information or technical know-how; 22 (C) any financial or in-kind contribution 23 intended to produce a research product; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 75 •S 4638 RS (D) sponsorship or facilitation of research 1 fellowships, visas, or residence permits; 2 (E) joint ventures, partnerships, or other 3 formalized agreements for the purpose of con- 4 ducting research or sharing resources, data, or 5 technology; 6 (F) inclusion of researchers as consultants, 7 advisors, or members of advisory or review 8 boards; and 9 (G) such other activities as may be deter- 10 mined by the Secretary of Defense. 11 (2) The term ‘‘fundamental research’’ has the 12 meaning provided in National Security Decision Di- 13 rective-189 (NSSD-189), National Policy on the 14 Transfer of Scientific, Technical and Engineering 15 Information, date September 21, 1985, or any suc- 16 cessor document. 17 (3) The term ‘‘institution of higher education’’ 18 has the meaning given that term in section 102 of 19 the Higher Education Act of 1965 (20 U.S.C. 1002) 20 and includes— 21 (A) any department, program, project, fac- 22 ulty, researcher, or other individual, entity, or 23 activity of such institution; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 76 •S 4638 RS (B) any branch of such institution within 1 or outside the United States. 2 SEC. 219. DETAIL AUTHORITY FOR DEFENSE ADVANCED 3 RESEARCH PROJECTS AGENCY TO SUPPORT 4 TECHNOLOGY TRANSITION. 5 Section 806 of the National Defense Authorization 6 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 7 1701 note) is amended— 8 (1) by redesignating subsections (d) and (e) as 9 subsections (e) and (f), respectively; and 10 (2) by inserting after subsection (c) the fol- 11 lowing new subsection (d): 12 ‘‘(d) DARPA DETAILEES AUTHORIZED.—The Direc- 13 tor of the Defense Advanced Research Projects Agency 14 may provide qualified personnel to a military department 15 to provide technology transition support for a program of 16 the Agency that is transitioning to such military depart- 17 ment, upon the request from the Principal Technology 18 Transition Advisor of such military department.’’. 19 SEC. 220. PROHIBITION ON AWARD OF RESEARCH OR DE- 20 VELOPMENT CONTRACTS OR GRANTS TO 21 EDUCATIONAL INSTITUTIONS THAT HAVE 22 VIOLATED CERTAIN CIVIL RIGHTS. 23 (a) PROHIBITION.—Subject to subsection (c), the 24 Secretary of Defense may not enter into any contract or 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 77 •S 4638 RS other agreement with, or award any grant to, any covered 1 educational institution to carry out any research or devel- 2 opment program or activity. 3 (b) COVERED EDUCATIONAL INSTITUTION.— 4 (1) IN GENERAL.—For purposes of subsection 5 (a), a covered educational institution is an institu- 6 tion of higher education that, in carrying out a pro- 7 gram or activity covered under title VI of the Civil 8 Rights Act of 1964 (42 U.S.C. 2000d et seq.), is in 9 violation of that title. 10 (2) RULE OF CONSTRUCTION.—An institution 11 of higher education that, in carrying out a program 12 or activity covered under title VI of the Civil Rights 13 Act of 1964 (42 U.S.C. 2000d et seq.), was in viola- 14 tion of that title, but is determined to be no longer 15 in violation of that title, shall not be considered a 16 covered educational institution for purposes of sub- 17 section (a). 18 (c) WAIVER.— 19 (1) IN GENERAL.—The Secretary may waive 20 the prohibition in subsection (a) on a case by case 21 basis. 22 (2) CONGRESSIONAL NOTIFICATION.—Not later 23 than 15 days before issuing a waiver under para- 24 graph (1), the Secretary shall submit to the Com- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 78 •S 4638 RS mittee on Armed Services of the Senate and the 1 Committee on Armed Services of the House of Rep- 2 resentatives a notice of the intention of the Sec- 3 retary to issue the waiver. 4 (d) EFFECTIVE DATE AND APPLICABILITY.— 5 (1) EFFECTIVE DATE.—Subsection (a) shall 6 take effect on the date that is one year after the 7 date of the enactment of this Act. 8 (2) APPLICABILITY.—Subsection (a) shall apply 9 with respect to contracts entered into on or after the 10 effective date set forth in paragraph (1), other 11 agreements entered into on or after such date, and 12 grants awarded on or after such date. 13 Subtitle C—Plans, Reports, and 14 Other Matters 15 SEC. 231. IMPROVEMENTS RELATING TO DEFINING, IDENTI- 16 FYING, AND PLANNING THE ARTIFICIAL IN- 17 TELLIGENCE WORKFORCE OF THE DEPART- 18 MENT OF DEFENSE. 19 (a) IN GENERAL.—Not later than 180 days after the 20 date of the enactment of this Act, the Secretary of De- 21 fense, in coordination with the Under Secretary of Defense 22 for Personnel and Readiness, the Chief Digital and Artifi- 23 cial Intelligence Officer, and the Chief Information Offi- 24 cer, shall— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 79 •S 4638 RS (1) fully define and identify the Department of 1 Defense artificial intelligence workforce, including— 2 (A) clarifying the roles and responsibilities 3 of the artificial intelligence workforce with re- 4 spect to the Department of Defense innovation 5 workforce and digital workforce; 6 (B) coding artificial intelligence work roles 7 in workforce data systems; and 8 (C) developing a qualification program for 9 artificial intelligence work roles; and 10 (2) update the Human Capital Operating Plan 11 to be consistent with the Agency Strategic Plan and 12 Annual Performance Plan relating to artificial intel- 13 ligence workforce issues, including— 14 (A) addressing the human capital imple- 15 mentation actions planned to support the stra- 16 tegic goals and priorities identified in the Agen- 17 cy Strategic Plan and Annual Performance 18 Plan; and 19 (B) ensuring the use of consistent artificial 20 intelligence terminology. 21 (b) BRIEFING.—Not later than 240 days after the 22 date of the enactment of this Act, the Chief Digital and 23 Artificial Intelligence Officer shall provide a briefing to the 24 congressional defense committees on— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 80 •S 4638 RS (1) who is included in the artificial intelligence 1 workforce of the Department; 2 (2) who should be included in the artificial in- 3 telligence workforce of the Department; 4 (3) which positions require Department per- 5 sonnel with artificial intelligence skills; 6 (4) the current state of the artificial intelligence 7 workforce of the Department; and 8 (5) planned or proposed future requirements for 9 the artificial intelligence workforce of the Depart- 10 ment. 11 SEC. 232. DEVELOPMENT AND IMPLEMENTATION OF A 12 PLAN ON ADVANCING INTERESTS OF DE- 13 PARTMENT OF DEFENSE IN MATTERS RELAT- 14 ING TO ELECTROMAGNETIC SPECTRUM IN 15 INTERNATIONAL ENGAGEMENTS OR FORA. 16 (a) DEVELOPMENT AND IMPLEMENTATION OF PLAN 17 REQUIRED.—Not later than 60 days after the date of the 18 enactment of this Act, the Secretary of Defense shall, in 19 coordination with the Chief Information Officer of the De- 20 partment of Defense, develop and implement a five-year 21 plan for advancing the interests of the Department of De- 22 fense in matters relating to electromagnetic spectrum in 23 international engagements or fora. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 81 •S 4638 RS (b) ELEMENTS.—At a minimum, the plan developed 1 pursuant to subsection (a) shall include the following: 2 (1) Arrangements to increase the number of 3 Department personnel attending international en- 4 gagements or fora on topics relating to electro- 5 magnetic spectrum, including all phases of the 6 World Radiocommunication preparatory process. 7 (2) Processes to increase coordination with 8 other Federal agencies on matters relating to elec- 9 tromagnetic spectrum. 10 (3) Preparations to increase cooperation activi- 11 ties with the North Atlantic Treaty Organization, 12 other military alliances and organizations, and for- 13 eign military sales partners on matters relating to 14 electromagnetic spectrum. 15 (4) Strategies to increase coordination with the 16 defense industrial base and industry partners at 17 international engagements and fora. 18 (5) Strategies to increase engagement with mili- 19 tary partners from developing countries, including 20 regular engagements with the United States Tele- 21 communications Training Institute to enhance inter- 22 national partnerships for enduring electromagnetic 23 spectrum military advantage. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 82 •S 4638 RS (6) Table top exercises for Department electro- 1 magnetic spectrum bands being considered at inter- 2 national engagements or fora. 3 (7) Processes to hire, identify, develop, and 4 train personnel from across the Department to sup- 5 port its role and responsibilities in international fora 6 related to electromagnetic spectrum. 7 (c) BRIEFING.—Not later than March 31, 2025, the 8 Secretary shall provide the congressional defense commit- 9 tees with a briefing on the plan developed and imple- 10 mented pursuant to subsection (a). 11 SEC. 233. REPORT ON GEOGRAPHIC PRESENCE OF THE DE- 12 FENSE INNOVATION UNIT. 13 (a) REPORT REQUIRED.—Not later than 60 days 14 after the date of the enactment of this Act, the Director 15 of the Defense Innovation Unit shall submit to the con- 16 gressional defense committees a report on expanding the 17 geographic presence of the Defense Innovation Unit, in- 18 cluding through partnerships with other organizations. 19 (b) CONTENTS.—The report submitted pursuant to 20 subsection (a) shall include the following: 21 (1) The current geographic distribution of the 22 personnel and offices of the Defense Innovation 23 Unit, including identification of the number of full- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 83 •S 4638 RS time equivalent civilians and contractors associated 1 with each location. 2 (2) An assessment of opportunities to leverage 3 other entities to expand geographic presence through 4 current or planned partnerships that can support 5 missions of the Defense Innovation Unit based on 6 the existing geographic and functional footprint of 7 those entities, such as Department of Defense lab- 8 oratories, program intermediaries, or university af- 9 filiated research centers. 10 (3) A gap analysis between planned expansion 11 of the geographic presence of the Defense Innovation 12 Unit and use of partnerships to achieve nationwide 13 geographic coverage for activities of the Defense In- 14 novation Unit. 15 (4) The current plan of the Director to expand 16 the geographic presence of the Defense Innovation 17 Unit during the next 5-year period to address the 18 gaps analyzed pursuant to paragraph (3), including 19 resources required and any other policy or regu- 20 latory challenges. 21 SEC. 234. REPORT ON OBLIGATIONS AND EXPENDITURE 22 RATES FOR BASIC RESEARCH. 23 (a) REPORT REQUIRED.—Not later than 180 days 24 after the date of the enactment of this Act, the Under 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 84 •S 4638 RS Secretary of Defense Comptroller shall, in coordination 1 with the comptrollers of the military departments and the 2 Under Secretary of Defense for Research and Engineer- 3 ing, submit to the congressional defense committees a re- 4 port on the obligation and expenditure rates for Depart- 5 ment of Defense basic and applied research that is con- 6 ducted at institutions of higher education for the previous 7 five fiscal years. 8 (b) MATTERS IDENTIFIED.—The report submitted 9 pursuant to subsection (a) shall identify— 10 (1) the month of obligations and expenditures 11 for basic and applied research conducted at institu- 12 tions of higher education; and 13 (2) funds realigned from basic or applied re- 14 search budget lines due to not meeting obligations or 15 expenditures benchmarks throughout the fiscal year 16 and made available for other purposes. 17 SEC. 235. ELECTROMAGNETIC SPECTRUM DEMONSTRA- 18 TION PROGRAM. 19 (a) IN GENERAL.—Not later than November 30, 20 2025, the Chief Information Officer of the Department of 21 Defense shall, in coordination with the Under Secretary 22 of Defense for Research and Engineering and the Director 23 for Operational Test and Evaluation, complete a dem- 24 onstration program to assess the viability of using wide- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 85 •S 4638 RS band adaptive signal processing technology to support si- 1 multaneous transmit and receive signals on the same elec- 2 tromagnetic spectrum frequency band that— 3 (1) does not produce harmful interference; 4 (2) significantly reduces electromagnetic spec- 5 trum guard bands; 6 (3) maintains signal quality with respect to la- 7 tency and throughput; and 8 (4) increases electromagnetic spectrum access 9 within the frequency band. 10 (b) LOCATION.—The demonstration program re- 11 quired by subsection (a) shall be conducted at a test and 12 training range of the Department of Defense. 13 (c) CONSULTATION.—In carrying out the demonstra- 14 tion program required by subsection (a), the Chief Infor- 15 mation Officer, the Under Secretary, and the Director 16 shall consult with, at a minimum, the following: 17 (1) The Joint Staff. 18 (2) The military departments and their associ- 19 ated research labs. 20 (3) Other Department of Defense organizations 21 and agencies. 22 (4) The Federal Communications Commission. 23 (5) The National Telecommunications and In- 24 formation Administration. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 86 •S 4638 RS (6) Other Federal agencies. 1 (7) Industry and nongovernmental entities. 2 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sub- 3 ject to the availability of appropriations, the Chief Infor- 4 mation Officer may enter into such contracts or other 5 agreements as the Secretary considers appropriate with 6 public and private entities to conduct studies and dem- 7 onstration projects under the demonstration program re- 8 quired by subsection (a). 9 (e) BRIEFING ON PLANS FOR PROGRAM.—Not later 10 than 60 days after the date of the enactment of this Act, 11 the Chief Information Officer, the Under Secretary, and 12 the Director shall jointly provide to the congressional de- 13 fense committees a briefing on the plans to carry out the 14 demonstration program required by subsection (a). 15 (f) PERIODIC ASSESSMENTS OF PROGRAM.—The 16 Chief Information Officer, the Under Secretary, and the 17 Director shall, periodically, assess the demonstration pro- 18 gram required by subsection (a). 19 (g) BRIEFING ON COMPLETED PROGRAM.—Upon 20 completion of the demonstration program required by sub- 21 section (a), the Chief Information Officer, the Under Sec- 22 retary, and the Director shall jointly provide the congres- 23 sional defense committees a briefing on their findings with 24 respect to the demonstration program. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 87 •S 4638 RS SEC. 236. PILOT PROGRAM ON DEVELOPMENT OF NEAR- 1 TERM USE CASES AND DEMONSTRATION OF 2 ARTIFICIAL INTELLIGENCE TOWARD BIO- 3 TECHNOLOGY APPLICATIONS FOR NATIONAL 4 SECURITY. 5 (a) PILOT PROGRAM REQUIRED.—Not later than one 6 year after the date of the enactment of this Act, the Sec- 7 retary of Defense shall commence carrying out a pilot pro- 8 gram on developing near-term use cases and demonstra- 9 tions of artificial intelligence toward biotechnology appli- 10 cations for national security. 11 (b) DURATION.—The pilot program required by sub- 12 section (a) shall be carried out during the five-year period 13 beginning on the date of the commencement of the pilot 14 program. 15 (c) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec- 16 retary shall carry out the pilot program required by sub- 17 section (a) by entering into one or more public-private 18 partnerships. 19 (d) ANNUAL REPORT.— 20 (1) IN GENERAL.—Not later than one year 21 after the date of the enactment of this Act and not 22 less frequently than once each year thereafter for 23 the duration of the pilot program required by sub- 24 section (a), the Secretary shall submit to the con- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 88 •S 4638 RS gressional defense committees an annual report on 1 the pilot program. 2 (2) CONTENTS.—Each report submitted pursu- 3 ant to paragraph (1) shall include, for the period 4 covered by the report, the following: 5 (A) An assessment of the role that artifi- 6 cial intelligence is playing in developing bio- 7 technology, such as how commercial industry 8 may be using artificial intelligence to develop 9 biotechnologies. 10 (B) A description of near-term use cases 11 developed under the pilot program for artificial 12 intelligence-enabled biotechnology applications 13 for national security. 14 (C) A description of planned, ongoing, and 15 complete demonstrations or other pilot pro- 16 grams funded under the pilot program required 17 by subsection (a) or otherwise by the Depart- 18 ment of Defense. 19 (D) An assessment of the viability for 20 transition of technology developed under the 21 pilot program, including assessment of— 22 (i) the resources needed for further 23 development and scaling of such tech- 24 nology; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 89 •S 4638 RS (ii) the potential benefits of such tech- 1 nology. 2 SEC. 237. ROADMAP FOR ADDRESSING RESEARCH AND DE- 3 VELOPMENT NEEDS IN BIOTECHNOLOGY FOR 4 THE DEPARTMENT OF DEFENSE. 5 (a) ROADMAP REQUIRED.—Not later than one year 6 after the date of the enactment of this Act, the Secretary 7 of Defense shall, in coordination with the Under Secretary 8 of Defense for Research and Engineering, the Under Sec- 9 retary of Defense for Acquisition and Sustainment, and 10 the Secretaries of the military departments, submit to the 11 congressional defense committees a roadmap for address- 12 ing research, development, test, and evaluation needs in 13 biotechnology for the Department of Defense. 14 (b) ELEMENTS.—The roadmap submitted pursuant 15 to subsection (a) shall include the following: 16 (1) Identification of biotechnology development 17 needs and priorities for national security applica- 18 tions. 19 (2) An assessment of the technology maturity 20 of each priority identified pursuant to paragraph 21 (1). 22 (3) A description of funding sources for each 23 priority identified pursuant to paragraph (1), includ- 24 ing both current sources and sources covered by the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 90 •S 4638 RS future-years defense program submitted to Congress 1 under section 221 of title 10, United States Code. 2 (4) A description of how the Office of Strategic 3 Capital and the Defense Advanced Research 4 Projects Agency plan to invest in each priority pur- 5 suant to paragraph (1), including plans to incor- 6 porate the investment of international partners. 7 (5) A plan, timeline, and metrics to research, 8 development, testing, and evaluation activities for 9 the priorities identified pursuant to paragraph (1). 10 (6) An assessment of opportunities for rapid ac- 11 quisition and fielding of biotechnology in support of 12 the priorities identified pursuant to paragraph (1). 13 (7) Identification of opportunities for inter- 14 national cooperation in biotechnology research or 15 testing, including potential regulatory impediments 16 to cooperation. 17 (8) An analysis of Department and Federal 18 governance structures or regulatory processes that 19 may hinder the ability of the Department to carry 20 out the roadmap. 21 (9) An assessment of the needs for the Depart- 22 ment biotech workforce in the near, mid, and far 23 terms. Such assessment shall cover sufficiency of 24 numbers and types of biotechnology workers (includ- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 91 •S 4638 RS ing skilled technicians), workforce training and cer- 1 tification needs, and whether current occupational 2 series adequately cover identified workforce skill 3 needs of the Department. 4 (c) FORM.—The roadmap submitted pursuant to sub- 5 section (a) shall be submitted in unclassified form, but 6 may include a classified annex. 7 (d) COMPTROLLER GENERAL OF THE UNITED 8 STATES EVALUATION.—Not later than 180 days after the 9 date on which the Secretary of Defense submits the road- 10 map pursuant to subsection (a), the Comptroller General 11 of the United States shall evaluate the roadmap and sub- 12 mit to the congressional defense committees a report on 13 the findings of the Comptroller General with respect to 14 such evaluation. 15 SEC. 238. PLAN FOR OPTIMIZATION OF IRREGULAR WAR- 16 FARE TECHNICAL SUPPORT DIRECTORATE. 17 (a) PLAN REQUIRED.—Not later than 90 days after 18 the date of the enactment of this Act, the Secretary of 19 Defense shall submit to the congressional defense commit- 20 tees a plan for optimizing the contributions of the Irreg- 21 ular Warfare Technical Support Directorate to the fulfill- 22 ment of Department of Defense irregular warfare activi- 23 ties in support of the National Defense Strategy. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 92 •S 4638 RS (b) ELEMENTS.—At a minimum, the plan required 1 by subsection (a) shall address efforts to more effec- 2 tively— 3 (1) address emergent requirements within the 4 year of execution; 5 (2) focus and prioritize resources to rapidly ad- 6 dress Department of Defense user requirements; 7 (3) coordinate efforts with the Office of Acqui- 8 sition, Technology, and Logistics of United States 9 Special Operations Command; 10 (4) maximize contributions from foreign and 11 non-Department of Defense partners; and 12 (5) address other matters deemed relevant by 13 the Secretary. 14 SEC. 239. NATIONAL DEFENSE ECONOMIC COMPETITION 15 RESEARCH COUNCIL. 16 (a) ESTABLISHMENT OF COUNCIL.— 17 (1) IN GENERAL.—Not later than 90 days after 18 the date of the enactment of this Act, the Secretary 19 of Defense shall establish a council to identify, 20 evaluate, and coordinate existing research efforts, or 21 propose new research topics, relating to economic 22 competition activities, such as economic coercion, 23 manipulation, or other uses of economic power to 24 undermine the national defense strategy of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 93 •S 4638 RS United States and the partners and allies of the 1 United States. 2 (2) DESIGNATION.—The council established 3 pursuant to paragraph (1) shall be known as the 4 ‘‘National Defense Economic Competition Research 5 Council’’ (in this section the ‘‘Council’’). 6 (b) CHARTER AND MISSION.—Not later than 120 7 days after the date of the enactment of this Act, the Sec- 8 retary shall issue a charter for the Council with a mission 9 that includes the following: 10 (1) Conducting analysis of ongoing or proposed 11 government and academic research relating to eco- 12 nomic competition. 13 (2) Making proposals for new areas of research 14 to increase understanding of adversarial uses of eco- 15 nomic tools in support of military objectives to im- 16 prove understanding of threats, vulnerabilities, and 17 defensive options to mitigate such threats and 18 vulnerabilities. 19 (3) Informing the tools available to the Depart- 20 ment of Defense to defend against such economic 21 competition, coercion and manipulation activities, in- 22 cluding the use of adversarial capital to acquire 23 technology, real estate, or other infrastructure, or to 24 preemptively deny access by the United States. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 94 •S 4638 RS (4) Assess current data needs or shortfalls im- 1 pairing understanding of threats and vulnerabilities 2 relating to economic competition. 3 (5) Convene groups, which may include aca- 4 demic, United States Government, nonprofit, com- 5 mercial, or other international partners, to better 6 understand regional requirements or inform the un- 7 derstanding of regional partners on the threats and 8 vulnerabilities relating to military objectives as a re- 9 sult of increasing economic competition. 10 (6) Such other activities as the Secretary deems 11 appropriate. 12 (c) PARTICIPANTS.— 13 (1) IN GENERAL.—The co-chairs of the Council 14 shall ensure that the Council includes participation 15 from each of the following: 16 (A) The Office of Commercial and Eco- 17 nomic Assessment. 18 (B) The Office of Expanded Competition. 19 (C) The Office of Strategic Capital. 20 (D) The Defense Innovation Unit. 21 (E) The Strategic Capabilities Office. 22 (F) The Joint Warfighting Analysis Center 23 (JWAC). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 95 •S 4638 RS (G) The Office of Global Economic and In- 1 vestment Security under the Assistant Sec- 2 retary of Defense for Industrial Base Policy. 3 (H) The Office of Naval Research, includ- 4 ing ONR-Global. 5 (I) The Army Research Office. 6 (J) The Air Force Office of Scientific Re- 7 search. 8 (K) The Defense Advanced Research 9 Projects Agency. 10 (L) The Strategic Intelligence and Analysis 11 Cell under the Under Secretary of Defense for 12 Research and Engineering. 13 (M) The program office of the Minerva Re- 14 search Initiative. 15 (N) Other relevant organizations as deter- 16 mined by the Secretary. 17 (2) CO-CHAIRS.—The co-chairs of the Council 18 shall be the Under Secretary of Defense for Policy, 19 the Under Secretary of Defense for Research and 20 Engineering, and the Under Secretary of Defense 21 for Acquisition and Sustainment. 22 (d) INPUT FROM THE JOINT STAFF AND COMBAT- 23 ANT COMMANDS.—The Council shall regularly solicit 24 input from the Joint Staff and combatant commands on 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 96 •S 4638 RS needs, problem statements, or other topics relating to eco- 1 nomic competition activities described in subsection (a)(1) 2 affecting their areas of responsibility. 3 SEC. 240. DEFENSE SCIENCE BOARD STUDY ON LONG-TERM 4 OPERATIONS AND AVAILABILITY OF KWAJA- 5 LEIN ATOLL AS A MAJOR RANGE AND TEST 6 FACILITY BASE. 7 (a) IN GENERAL.—Not later than 30 days after the 8 date of the enactment of this Act, the Under Secretary 9 of Defense for Research and Engineering shall direct the 10 Defense Science Board to complete, not later than May 11 15, 2025, a study to assess the feasibility and advisability 12 of designating the Ronald Reagan Ballistic Missile De- 13 fense Test Site (RTS) and United States Army Garrison 14 Kwajalein Atoll (USAG-KA) as facilities and resources 15 comprising the Major Range and Test Facility Base, in- 16 cluding with respect to the availability and mission capa- 17 bility of such test site and garrison. 18 (b) ELEMENTS.—The study completed pursuant to 19 subsection (a) shall cover the following: 20 (1) The history and rationale for the split fund- 21 ing of the United States facilities and capabilities on 22 Kwajalein Atoll between an Army Garrison and a 23 Major Range and Test Facility Base and whether 24 those objectives have been achieved, and if not why. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 97 •S 4638 RS (2) The status of the garrison infrastructure 1 and operations. 2 (3) The status of the test asset operability, 3 usage, and maintainability. 4 (4) the interrelationship between garrison infra- 5 structure and test asset operability. 6 (5) The status of the supported or supporting 7 relationship between United States Army Garrison 8 Kwajalein Atoll, Ronald Reagan Ballistic Missile De- 9 fense Test Site, and the Lincoln Laboratory of the 10 Massachusetts Institute of Technology and the long- 11 term outlook for this partnership. 12 (6) The overall future of the Kwajalein Atoll 13 satisfying Department of Defense current and future 14 missions. 15 (7) Such other matters as the Under Secretary 16 or the Defense Science Board consider appropriate. 17 (c) REPORT.—Not later than 10 days after the com- 18 pletion of the study required by subsection (a), the Under 19 Secretary shall submit to the congressional defense com- 20 mittees a report on the findings of the Defense Science 21 Board with respect to the study. 22 (d) DEFINITION OF MAJOR RANGE AND TEST FACIL- 23 ITY BASE.—In this section, the term ‘‘Major Range and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 98 •S 4638 RS Test Facility Base’’ has the meaning given such term in 1 section 4173 of title 10, United States Code. 2 SEC. 241. PILOT PROGRAMS ON USE OF ARTIFICIAL INTEL- 3 LIGENCE. 4 (a) PILOT PROGRAM REQUIRED.—Not later than 60 5 days after the date of the enactment of this Act, the Sec- 6 retary of Defense shall commence carrying out a pilot pro- 7 gram to assess the feasibility and advisability of using ar- 8 tificial intelligence-enabled software to optimize the 9 workflow and operations for— 10 (1) depots, shipyards, or other manufacturing 11 facilities run by the Department of Defense; and 12 (2) contract administration for the Department, 13 including the adjudication and review of contracts 14 managed by the Defense Contract Management 15 Agency. 16 (b) SOFTWARE.—In carrying out the pilot program 17 required by subsection (a), the Secretary shall— 18 (1) use best in breed software platforms; 19 (2) consider industry best practices in the selec- 20 tion of software programs; 21 (3) be implemented based on human centered 22 design practices to best identify the business needs 23 for improvement; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 99 •S 4638 RS (4) demonstrate connection to enterprise plat- 1 forms of record with relevant data sources. 2 (c) CONSULTATION.—The Secretary shall carry out 3 the pilot program required by subsection (a)(1) in con- 4 sultation with the Under Secretary of Defense for Acquisi- 5 tion and Sustainment, the Secretary of the Army, Sec- 6 retary of the Navy, and Secretary of the Air Force. 7 (d) REPORT.—Not later than one year after the date 8 of the commencement of the pilot program pursuant to 9 subsection (a), the Secretary shall submit to the Com- 10 mittee on Armed Services of the Senate and the Com- 11 mittee on Armed Services of the House of Representatives 12 a report containing the following information: 13 (1) An evaluation of each software platform 14 used in the pilot program. 15 (2) An analysis of how workflows and oper- 16 ations were modified as part of the pilot program. 17 (3) A quantitative assessment of the impact the 18 software had at each of the locations in which the 19 pilot program was carried out. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 100 •S 4638 RS SEC. 242. DUTIES OF CHIEF DIGITAL AND ARTIFICIAL IN- 1 TELLIGENCE OFFICER GOVERNING COUNCIL 2 RELATING TO ARTIFICIAL INTELLIGENCE 3 MODELS AND ADVANCED ARTIFICIAL INTEL- 4 LIGENCE TECHNOLOGIES. 5 Section 238(d)(3)(E) of the John S. McCain National 6 Defense Authorization Act for Fiscal Year 2019 (Public 7 Law 115–232; 10 U.S.C. note prec. 4061) is amended— 8 (1) by redesignating clause (x) as clause (xi); 9 and 10 (2) by inserting after clause (ix) the following 11 new clause (x): 12 ‘‘(x) With respect to artificial intel- 13 ligence models and advanced artificial in- 14 telligence technologies— 15 ‘‘(I) to identify and assess artifi- 16 cial intelligence models and advanced 17 artificial intelligence technologies that 18 could pose a national security risk if 19 accessed by an adversary of the 20 United States; 21 ‘‘(II) to develop strategies to pre- 22 vent unauthorized access and usage of 23 potent artificial intelligence models by 24 countries that are adversaries of the 25 United States; and 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 101 •S 4638 RS ‘‘(III) to make recommendations 1 to Congress and relevant Federal 2 agencies for legislative or administra- 3 tive action in the field of artificial in- 4 telligence.’’. 5 SEC. 243. QUANTUM SCALING INITIATIVE. 6 (a) INITIATIVE REQUIRED.— 7 (1) IN GENERAL.—The Director of the Defense 8 Advanced Research Projects Agency (DARPA) shall 9 establish an initiative to rapidly expand and support 10 the development of fault-tolerant utility-scale quan- 11 tum computing capability available to the Depart- 12 ment of Defense. 13 (2) DESIGNATION.—The initiative established 14 pursuant to paragraph (1) shall be known as the 15 ‘‘Quantum Scaling Initiative’’ (in this section the 16 ‘‘Initiative’’). 17 (b) ELEMENTS.—The Initiative shall include the fol- 18 lowing: 19 (1) Activities to broaden existing Department 20 efforts to verify and validate commercial efforts to 21 design and build utility-scale quantum computers, 22 including through increased collaboration with key 23 partners in the Air Force Research Laboratory 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 102 •S 4638 RS (AFRL), the Office of Strategic Capital (OSC), and 1 the Defense Innovation Unit (DIU). 2 (2) Working with the Office of Strategic Cap- 3 ital, establish regular interactions with the venture 4 capital and finance community to help accelerate 5 commercial efforts to design and build viable utility- 6 scale quantum computers. 7 (3) Working with the office of the Assistant 8 Secretary of Defense for Industrial Base Policy to 9 connect key performers in fault-tolerant utility-scale 10 quantum computing with support for industrial 11 bases analysis, manufacturing support, and other 12 analysis support to help foster and grow the broader 13 industrial base supporting fault-tolerant utility-scale 14 quantum computing. 15 (4) Working with the military departments and 16 other Department components to refine use cases for 17 militarily relevant applications of utility-scale quan- 18 tum computers. 19 SEC. 244. INCORPORATING HUMAN READINESS LEVELS 20 INTO RESEARCH, DEVELOPMENT, TEST, AND 21 EVALUATION ACTIVITIES. 22 (a) REVIEW.—Not later than 90 days after the date 23 of the enactment of this Act, the Secretary of Defense 24 shall, in consultation with the Under Secretary of Defense 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 103 •S 4638 RS for Acquisition and Sustainment and the Under Secretary 1 of Defense for Research and Engineering, initiate a review 2 of the American National Standards Institute (ANSI) and 3 Human Factors and Ergonomics Society (HFES) Stand- 4 ard 400-2021 to determine whether any materials from 5 this standard can and should be incorporated or ref- 6 erenced in Department of Defense procedures and guid- 7 ance material in order to enhance safety in relation to 8 human factors. 9 (b) PRELIMINARY MAPPING.—In carrying out the re- 10 view required by subsection (b), the Secretary shall con- 11 duct preliminary mapping of the current human readiness 12 levels of the Department based on Standard 400-2021 and 13 how they align with the current technology readiness levels 14 of major development and acquisitions programs (as de- 15 fined in section 4201 of title 10, United States Codes). 16 (c) ADDITIONAL REVIEW AND CONSULTATION.—In 17 carrying out the review required by subsection (a), the 18 Secretary— 19 (1) shall conduct a review of technical standard 20 400-2021 of the American National Standards Insti- 21 tute and the Human Factors and Ergonomics Soci- 22 ety; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 104 •S 4638 RS (2) may consult with subject matter experts af- 1 filiated with the authorizing organization behind 2 such a technical standard. 3 (d) BRIEFING.—Not later than 180 days after the 4 date of the enactment of this Act, the Secretary shall pro- 5 vide the Committee on Armed Services of the Senate and 6 the Committee on Armed Services of the House of Rep- 7 resentatives a briefing on the progress of the review re- 8 quired by subsection (a). 9 SEC. 245. MANAGEMENT AND UTILIZATION OF DIGITAL 10 DATA TO ENHANCE MAINTENANCE ACTIVI- 11 TIES. 12 (a) POLICIES REQUIRED.—Not later than one year 13 after the date of the enactment of this Act, the Under 14 Secretary of Defense for Acquisition and Sustainment 15 shall, in consultation with the Secretaries of the military 16 departments and the Chief Digital and Artificial Intel- 17 ligence Officer of the Department of Defense, develop and 18 implement policies to manage and utilize data derived 19 from digital data systems for aircraft, ships, and ground 20 vehicles in support of maintenance activity. 21 (b) ELEMENTS.—The policies required by subsection 22 (a) shall include investment in advanced and scalable data 23 infrastructure to efficiently record, transmit, categorize, 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 105 •S 4638 RS and otherwise process data generated by digital data sys- 1 tems described in such subsection. Such policies shall— 2 (1) require development of a strategy to invest 3 in advanced technologies, including automated sys- 4 tems and artificial intelligence, to streamline the 5 process of organizing, indexing, and categorizing 6 data; 7 (2) require work with vendors to address and 8 resolve limitations imposed by proprietary informa- 9 tion and data, including through the adoption of 10 open data and open mission systems approaches; 11 (3) address data transmission capabilities, such 12 as— 13 (A) implementing high-speed data transfer 14 technologies; 15 (B) optimizing network infrastructure; and 16 (C) developing secure and efficient meth- 17 ods for transmitting mission-critical data be- 18 tween bases; 19 (4) require central compilation of maintenance 20 data and creation of user interfaces, prioritizing 21 analysis of long-lead components; 22 (5) require that, unless a compelling reason is 23 identified, use of vendor-agnostic, government-owned 24 tagging and interoperable systems; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 106 •S 4638 RS (6) require review of classification policies relat- 1 ing to digital data to ensure that data is appro- 2 priately classified without unnecessarily restricting 3 its usability; and 4 (7) establish protocols for detecting unauthor- 5 ized access or intrusion into vehicle or platform sys- 6 tems. 7 SEC. 246. EXTENSION AND MODIFICATION OF DIRECTED 8 ENERGY WORKING GROUP. 9 Section 219(d) of the National Defense Authorization 10 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 11 4205 note) is amended— 12 (1) by striking paragraph (6); 13 (2) by redesignating paragraph (7) as para- 14 graph (6); and 15 (3) in paragraph (6), as redesignated by para- 16 graph (2), by striking ‘‘4 years’’ and inserting ‘‘9 17 years’’. 18 SEC. 247. DIRECTED ENERGY ROADMAP AND ACTIVITY 19 FUNDING REPORT. 20 (a) REPORTS REQUIRED.— 21 (1) IN GENERAL.—Not later than June 1, 22 2025, and not later than June 1 of each year there- 23 after through 2031, the Secretary of Defense shall 24 submit to the congressional defense committees and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 107 •S 4638 RS the legislative research agencies a report that de- 1 scribes the plans and objectives of the Department 2 of Defense with respect to the directed energy road- 3 map of the Department for the next 10 years and 4 the associated funding profile through the Future 5 Years Defense Program (FYDP) for directed energy 6 systems at all classification levels, including funding 7 needed for development, delivery, integration on 8 platforms, and system sustainment. 9 (2) DESIGNATION.—A report submitted pursu- 10 ant to paragraph (1) shall be known as the ‘‘Di- 11 rected Energy Roadmap and Activity Funding Re- 12 port’’. 13 (b) MATTERS COVERED.—Each report submitted 14 pursuant to subsection (a) shall cover the following: 15 (1) The funding and investments of the Depart- 16 ment relating to directed energy weapon capabilities, 17 including any funding or investments with respect to 18 the procurement, research, development, test and 19 evaluation, and operation and maintenance of offen- 20 sive and defensive directed energy weapons. 21 (2) An assessment of the intelligence commu- 22 nity (as defined in section 3 of the National Security 23 Act of 1947 (50 U.S.C. 3003)) of the threat envi- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 108 •S 4638 RS ronment that drives requirements for directed en- 1 ergy investments by the Department. 2 (3) The strategic vision of the Department with 3 respect to directed energy. 4 (4) A description of the operational context for 5 directed energy weapons. 6 (5) A description of the approach of the De- 7 partment to matters relating to directed energy 8 weapons. 9 (6) A roadmap for research, development, test- 10 ing, evaluation, deployment, operation, and mainte- 11 nance of directed energy weapons by the Depart- 12 ment that covers the following: 13 (A) Aspects to achieve military dominance. 14 (B) Operational experience. 15 (C) Delivery of new capabilities. 16 (D) Tactical and strategic missions with 17 proven, advanced, and aspirational technologies. 18 (7) Deployed directed energy weapon systems to 19 date. 20 (8) Technology and transition focus areas. 21 (9) Science and technology focus areas. 22 (10) Previous fiscal year activities. 23 (11) Prototyping and fielding by each military 24 department and Department component. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 109 •S 4638 RS (12) Collaboration on directed energy tech- 1 nologies and capabilities with allies and partners of 2 the United States. 3 (13) Industrial base challenges, including work- 4 force challenges and critical path items in the supply 5 chain. 6 (14) Department governance. 7 (15) Recommendations to accelerate fielding. 8 (c) COST MATTERS.—Each report submitted pursu- 9 ant to subsection (a) shall— 10 (1) include cost data for the fiscal year and fu- 11 ture years defense program on the directed energy 12 capabilities of the Department, including vehicles, 13 developmental and operational testing, sensors, com- 14 mand and control architectures, infrastructure, test- 15 ing infrastructure, software, workforce, training, 16 ranges, integration costs, and such other items as 17 the Secretary of Defense considers appropriate; 18 (2) to the extent applicable, for each item in- 19 cluded in the report, identify whether such item re- 20 lates to an offensive or defensive directed energy ca- 21 pability; 22 (3) with respect to any research and develop- 23 ment activities covered by the report, identify— 24 (A) the program element for the activity; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 110 •S 4638 RS (B) the name of the entity that is carrying 1 out the activity; and 2 (C) the purpose of the activity; and 3 (4) to the extent applicable, with respect to any 4 developmental ground and flight testing and oper- 5 ational test and evaluation activities covered by the 6 report, identify— 7 (A) the program element for the activity; 8 (B) the name of the entity that is carrying 9 out the activity; and 10 (C) the purpose of the activity. 11 (d) FORM.—Each report submitted under subsection 12 (a) shall be submitted in— 13 (1) an unclassified form that may be made 14 available to the public; and 15 (2) an unclassified form that may include a 16 classified annex. 17 (e) LEGISLATIVE RESEARCH AGENCIES DEFINED.— 18 In this section, the term ‘‘legislative research agencies’’ 19 includes the following: 20 (1) The Congressional Research Services. 21 (2) The Congressional Budget Office. 22 (3) The Governmental Accountability Office. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 111 •S 4638 RS SEC. 248. PILOT PROGRAM ON ESTABLISHING ENTITIES 1 AND CONSORTIA TO CONDUCT PROTOTYPING 2 AND PRODUCTION OF CRITICAL AND EMERG- 3 ING TECHNOLOGIES. 4 (a) PILOT PROGRAM REQUIRED.—Not later than 180 5 days after the date of the enactment of this Act, the Sec- 6 retary of Defense shall commence carrying out a pilot pro- 7 gram to establish one or more entities, including consortia, 8 through which the Secretary shall conduct prototyping ac- 9 tivities and production activities for such critical and 10 emerging technologies as the Secretary shall specify for 11 purposes of the pilot program. 12 (b) USE OF PROTOTYPING AUTHORITIES.—The Sec- 13 retary shall carry out all prototyping activities under the 14 pilot program required by subsection (a) pursuant to sec- 15 tion 4022 of title 10, United States Code. 16 (c) TERMINATION.—The pilot program required by 17 subsection (a) shall terminate on December 31, 2030. 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 2025 for the use of the Armed Forces and other 25 activities and agencies of the Department of Defense for 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 112 •S 4638 RS expenses, not otherwise provided for, for operation and 1 maintenance, as specified in the funding table in section 2 4301. 3 Subtitle B—Energy and 4 Environment 5 SEC. 311. IMPLEMENTATION OF INSPECTOR GENERAL REC- 6 OMMENDATIONS RELATING TO OVERSIGHT 7 OF DEFENSE FUEL SUPPORT POINTS. 8 Not later than May 1, 2026, the Secretary of Defense 9 shall— 10 (1) implement the recommendations of the In- 11 spector General of the Department of Defense con- 12 tained in the report published by the Inspector Gen- 13 eral on April 11, 2024, and titled ‘‘Audit of the De- 14 fense Logistics Agency Oversight of Defense Fuel 15 Support Points’’ (DODIG–2024–075); or 16 (2) if the Secretary does not implement any 17 such recommendation, submit to the Committees on 18 Armed Services of the Senate and the House of Rep- 19 resentatives a report explaining why the Secretary 20 has not implemented those recommendations. 21 SEC. 312. INITIATIVE TO CONTROL AND COMBAT THE 22 SPREAD OF INVASIVE SPECIES. 23 (a) IN GENERAL.—The Secretary of Defense shall 24 enhance efforts of the Department of Defense through the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 113 •S 4638 RS Integrated Natural Resource Management Plans estab- 1 lished pursuant to section 201 of the Sikes Act (16 U.S.C. 2 670g) and other relevant management and operational 3 plans to manage, control, and interdict invasive species, 4 including those that exacerbate the risk of wildfire, that 5 could affect— 6 (1) the readiness of the Armed Forces; and 7 (2) the health and safety of members of the 8 Armed Forces, their families, and the surrounding 9 communities. 10 (b) AUTHORIZED ACTIVITIES.—Management, con- 11 trol, and interdiction of invasive species under subsection 12 (a), and any other biosecurity efforts under such sub- 13 section, shall include, at a minimum— 14 (1) science-based management and control pro- 15 grams to reduce the presence or spread of invasive 16 species on military installations and to prevent the 17 introduction or spread of such species to areas where 18 such species are not established; 19 (2) support for interagency and intergovern- 20 mental response efforts to control, interdict, mon- 21 itor, and eradicate invasive species; 22 (3) pursuit of chemical, biological, and bene- 23 ficial fire use, other fire control techniques, tech- 24 nology transfer, and best practices to support man- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 114 •S 4638 RS agement, control, interdiction, and where possible, 1 eradication of invasive vegetation; 2 (4) establishment of an early detection and 3 rapid response mechanism to monitor and deploy co- 4 ordinated interdiction efforts for any invasive species 5 newly detected at a particular site at a military in- 6 stallation; and 7 (5) post-fire land rehabilitation using native 8 vegetation and other methods to preclude the rees- 9 tablishment of invasive species. 10 SEC. 313. MODIFICATION OF DEFINITION OF ANTENNA 11 STRUCTURE PROJECT UNDER MILITARY 12 AVIATION AND INSTALLATION ASSURANCE 13 CLEARINGHOUSE FOR REVIEW OF MISSION 14 OBSTRUCTIONS. 15 Section 183a(h)(2)(A)(ii) of title 10, United States 16 Code, is amended by striking ‘‘under this title’’ and insert- 17 ing ‘‘by law’’. 18 SEC. 314. PROVISION BY SECRETARY OF THE AIR FORCE OF 19 METEOROLOGICAL DATA FOR AIR FORCE 20 AND ARMY. 21 (a) IN GENERAL.—Except as provided in subsection 22 (b), the Secretary of the Air Force shall provide meteoro- 23 logical and environmental services for operations of the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 115 •S 4638 RS Department of the Air Force and shall provide meteoro- 1 logical services for the Department of the Army. 2 (b) EXCEPTION FOR BALLISTICS DATA.—The re- 3 quirement under subsection (a) shall not apply to meteoro- 4 logical ballistics data for the Department of the Army. 5 SEC. 315. MODIFICATION OF SUSTAINABLE AVIATION FUEL 6 PILOT PROGRAM. 7 Section 324(b)(1)(A) of the James M. Inhofe Na- 8 tional Defense Authorization Act for Fiscal Year 2023 9 (Public Law 117–263; 10 U.S.C. note prec. 2922) is 10 amended by striking ‘‘not fewer than two’’ and inserting 11 ‘‘not fewer than six’’. 12 SEC. 316. STUDY AND REPORT ON THE GREENHOUSE GAS 13 AND TOXIC POLLUTANT EMISSIONS OF THE 14 PRODUCTION AND UTILIZATION OF NON-TAC- 15 TICAL VEHICLES OF THE DEPARTMENT OF 16 DEFENSE. 17 (a) STUDY.—The Comptroller General of the United 18 States shall conduct and submit to the Secretary of De- 19 fense a study on the greenhouse gas and toxic pollutant 20 emissions lifecycle in the production and utilization of elec- 21 tric non-tactical vehicles over the lifetime of the vehicle 22 relative to a comparable model of non-tactical vehicle pos- 23 sessing an internal combustion engine, which shall in- 24 clude— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 116 •S 4638 RS (1) the estimated reduction in carbon emissions 1 associated with the adoption of electric vehicles 2 across the non-tactical vehicle fleet; 3 (2) a comparative analysis of non-tactical effi- 4 ciency, maintenance costs, and lifecycle emissions of 5 electric vehicles versus traditional combustion engine 6 vehicles; and 7 (3) a cost-benefit analysis of investing in elec- 8 tric vehicle infrastructure versus the fully burdened 9 costs, advantages, and disadvantages of internal 10 combustion engines for non-tactical use by the De- 11 partment of Defense. 12 (b) REPORT.—Not later than 120 days after receipt 13 of the results of the study under subsection (a), the Sec- 14 retary of Defense shall submit to Congress a report on 15 the use of electric vehicles by the Armed Forces, which 16 shall include— 17 (1) an assessment of non-tactical capabilities to 18 determine different mission profiles and scenarios, 19 including deployment in combat zones, logistic sup- 20 port, and personnel and equipment transportation by 21 electric vehicles; 22 (2) an estimation of the expected lifespan and 23 durability of electric vehicles under non-tactical con- 24 ditions by assessing the reliability of key components 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 117 •S 4638 RS such as batteries, electric motors, and powertrains 1 and an evaluation of maintenance requirements and 2 costs; 3 (3) an evaluation of the logistical implications 4 of integrating electric vehicles into the non-tactical 5 vehicle fleet, including infrastructure requirements 6 for charging or refueling, compatibility with existing 7 supply chains, and potential challenges relating to 8 spare parts availability and maintenance support; 9 and 10 (4) an identification of risks and challenges as- 11 sociated with the procurement and deployment of 12 electric vehicles, such as technological obsolescence, 13 cybersecurity vulnerabilities, and geopolitical depend- 14 encies on critical components. 15 (c) CONSULTATION.—In conducting the study re- 16 quired under subsection (a) and submitting the report re- 17 quired under subsection (b), the Comptroller General of 18 the United States and the Secretary of Defense, as the 19 case may be, shall consult with relevant private sector 20 stakeholders, including climate change mitigation experts, 21 automotive industry representatives, and former members 22 of the Armed Forces with expertise in vehicle operations 23 and maintenance. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 118 •S 4638 RS (d) RULE OF CONSTRUCTION.—Nothing in this sec- 1 tion shall be construed to unduly impede ongoing efforts 2 relating to compliance by the Department of Defense with 3 section 2922g of title 10, United States Code. 4 SEC. 317. REPEAL OF LIMITATION ON PROCUREMENT OF 5 DROP-IN FUELS; ANNUAL REPORT. 6 (a) REPEAL.— 7 (1) IN GENERAL.—Section 2922h of title 10, 8 United States Code, is repealed. 9 (2) CLERICAL AMENDMENT.—The table of sec- 10 tions at the beginning of subchapter II of chapter 11 173 of such title is amended by striking the item re- 12 lating to section 2922h. 13 (b) ANNUAL REPORT.— 14 (1) IN GENERAL.—Subchapter II of chapter 15 173 of title 10, United States Code, is amended by 16 adding at the end the following new section: 17 ‘‘§ 2922j. Annual report on purchase of drop-in fuel 18 ‘‘(a) IN GENERAL.—Not less frequently than annu- 19 ally, the Secretary of Defense shall submit to Congress 20 a report that, for the year covered by the report— 21 ‘‘(1) identifies each instance in which the Sec- 22 retary purchased drop-in fuel that was not cost-com- 23 petitive with traditional fuel; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 119 •S 4638 RS ‘‘(2) for each instance identified under para- 1 graph (1), states whether the purchase was based on 2 a military requirement or not. 3 ‘‘(b) DEFINITIONS.—In this section: 4 ‘‘(1) DROP-IN FUEL.—The term ‘drop-in fuel’ 5 means a neat or blended liquid hydrocarbon fuel de- 6 signed as a direct replacement for a traditional fuel 7 with comparable performance characteristics and 8 compatible with existing infrastructure and equip- 9 ment. 10 ‘‘(2) TRADITIONAL FUEL.—The term ‘tradi- 11 tional fuel’ means a liquid hydrocarbon fuel derived 12 or refined from petroleum.’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of subchapter II of chapter 15 173 of such title is amended by adding at the end 16 the following new item: 17 ‘‘2922j. Annual report on purchase of drop-in fuel.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 120 •S 4638 RS Subtitle C—Treatment of 1 Perfluoroalkyl Substances and 2 Polyfluoroalkyl Substances 3 SEC. 321. INTERIM RESPONSES TO ADDRESS RELEASES OR 4 THREATENED RELEASES OF 5 PERFLUOROALKYL AND POLYFLUOROALKYL 6 SUBSTANCES. 7 (a) IN GENERAL.—The Secretary of Defense, con- 8 sistent with the Comprehensive Environmental Response, 9 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 10 et seq.), shall take actions specified in subsection (b) to 11 address any release or threatened release of PFAS at a 12 covered facility. 13 (b) ACTIONS TO BE TAKEN.— 14 (1) CONDUCT OF PRELIMINARY ASSESSMENT 15 AND SITE INSPECTION.— 16 (A) IN GENERAL.—If a preliminary assess- 17 ment or site investigation for PFAS has not 18 been conducted at a covered facility, the Sec- 19 retary shall conduct expeditiously such assess- 20 ment or investigation, as the case may be, to 21 determine whether there has been a release or 22 there is a threatened release of PFAS at the fa- 23 cility. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 121 •S 4638 RS (B) PRESUMED RELEASE.—Each covered 1 facility that has or has had a fire training pit 2 or similar facility shall be presumed, for pur- 3 poses of subparagraph (A), to have had a re- 4 lease of PFAS. 5 (2) CONSIDERATION OF INTERIM RESPONSE AC- 6 TIONS.— 7 (A) DETERMINATION OF POTENTIAL IN- 8 TERIM RESPONSE ACTIONS.—A preliminary as- 9 sessment or site investigation under paragraph 10 (1)(A) shall include, along with any other mat- 11 ters required pursuant to the Comprehensive 12 Environmental Response, Compensation, and 13 Liability Act of 1980 (42 U.S.C. 9601 et seq.), 14 a description and analysis of potential interim 15 response actions that can be taken to reduce 16 immediate public exposure to the release of 17 PFAS, including preventing an imminent and 18 substantial endangerment. 19 (B) ACTIONS INCLUDED.—Interim re- 20 sponse actions to be considered under subpara- 21 graph (A) shall include the following: 22 (i) Provision of bottled water. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 122 •S 4638 RS (ii) Connection to public water sys- 1 tems for members of the public using pri- 2 vate wells. 3 (iii) Provision of filtration systems for 4 public water systems. 5 (iv) Provision of filtration systems for 6 private residences. 7 (3) REVIEW.— 8 (A) IN GENERAL.—The Secretary shall 9 make the preliminary assessment or site inves- 10 tigation conducted under paragraph (1)(A) with 11 respect to a covered facility available for review 12 to the Administrator of the Environmental Pro- 13 tection Agency, the relevant State environ- 14 mental regulatory agencies, any Indian tribal 15 government whose tribal lands may be affected 16 by the release or threatened release of PFAS, 17 and members of the public. 18 (B) REVIEW PERIOD.—The period for re- 19 view under subparagraph (A) shall be not less 20 than 60 days and shall be extended if the Ad- 21 ministrator requests additional review time. 22 (4) EXPEDITED IMPLEMENTATION.—The Sec- 23 retary of Defense shall expedite the implementation 24 of any interim response actions selected by the Sec- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 123 •S 4638 RS retary for implementation pursuant to the consider- 1 ation conducted under paragraph (2) and the review 2 under paragraph (3). 3 (c) REPORTS TO CONGRESS.— 4 (1) INITIAL REPORT.—Not later than 270 days 5 after the date of the enactment of this Act, the Sec- 6 retary of Defense shall submit to the Committees on 7 Armed Services of the Senate and the House of Rep- 8 resentatives a report containing an identification of 9 the following: 10 (A) Which covered facilities have had a 11 preliminary assessment or site investigation 12 completed pursuant to subsection (b)(1)(A). 13 (B) Which covered facilities have had a 14 preliminary assessment or site investigation ini- 15 tiated pursuant to subsection (b)(1)(A) but not 16 completed by the time the report is due to be 17 submitted, and when such assessment or inves- 18 tigation is projected to be completed. 19 (C) Which covered facilities have not had 20 a preliminary assessment or site investigation 21 initiated pursuant to subsection (b)(1)(A) but 22 are required to have one pursuant to such sub- 23 section. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 124 •S 4638 RS (D) Which covered facilities are not re- 1 quired to have a preliminary assessment or site 2 investigation conducted pursuant to subsection 3 (b)(1)(A). 4 (2) FINAL REPORT.—Not later than one year 5 after the date of the enactment of this Act, the Sec- 6 retary of Defense shall submit to the Committees on 7 Armed Services of the Senate and the House of Rep- 8 resentatives a report on— 9 (A) which covered facilities have had in- 10 terim response actions selected for implementa- 11 tion under subsection (b); 12 (B) what those interim response actions 13 are; 14 (C) the projected initiation dates for those 15 interim response actions; 16 (D) the projected completion dates for 17 those interim response actions; and 18 (E) an explanation as to why any interim 19 response action considered in the preliminary 20 assessment or site investigation conducted pur- 21 suant to subsection (b)(1)(A) was not adopted. 22 (d) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 125 •S 4638 RS (1) COVERED FACILITY.—The term ‘‘covered 1 facility’’ means a facility subject to section 2701(c) 2 of title 10, United States Code. 3 (2) PFAS.—The term ‘‘PFAS’’ means 4 perfluoroalkyl and polyfluoroalkyl substances. 5 (3) RELEASE; RESPONSE.—The terms ‘‘release’’ 6 and ‘‘response’’ have the meanings given those terms 7 in section 101 of the Comprehensive Environmental 8 Response, Compensation, and Liability Act of 1980 9 (42 U.S.C. 9601 et seq.). 10 SEC. 322. INCREASE OF TRANSFER AUTHORITY FOR FUND- 11 ING OF STUDY AND ASSESSMENT ON HEALTH 12 IMPLICATIONS OF PER- AND 13 POLYFLUOROALKYL SUBSTANCES CONTAMI- 14 NATION IN DRINKING WATER BY AGENCY 15 FOR TOXIC SUBSTANCES AND DISEASE REG- 16 ISTRY. 17 Clause (iv) of section 316(a)(2)(B) of the National 18 Defense Authorization Act for Fiscal Year 2018 (Public 19 Law 115–91; 131 Stat. 1350), as most recently amended 20 by section 333 of the National Defense Authorization Act 21 for Fiscal Year 2024 (Public Law 118–31), is further 22 amended by striking ‘‘fiscal year 2024’’ and inserting 23 ‘‘each of fiscal years 2024 and 2025’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 126 •S 4638 RS SEC. 323. PILOT PROGRAM FOR PERFORMANCE OF MAIN- 1 TENANCE AND REPAIR ON FORWARD-DE- 2 PLOYED NAVAL FORCE SHIPS IN FOREIGN 3 SHIPYARDS. 4 (a) IN GENERAL.—Not later than 180 days after the 5 date of the enactment of this Act, the Secretary of the 6 Navy shall carry out a pilot program under which the Sec- 7 retary authorizes the performance of maintenance and re- 8 pair on forward-deployed naval force ships in foreign ship- 9 yards during scheduled maintenance and repair exercises 10 (in this section referred to as the ‘‘pilot program’’). 11 (b) DESIGN.—The Secretary of the Navy shall design 12 the pilot program to exercise the Ship Wartime Repair and 13 Maintenance program of the Navy. 14 (c) TERMINATION.—The requirement to carry out the 15 pilot program shall terminate on the date that is three 16 years after the date on which the Secretary of the Navy 17 establishes the pilot program. 18 (d) ANNUAL REPORT.—Not later than December 1 19 of each year in which the pilot program is carried out, 20 the Secretary of the Navy shall submit to the Committee 21 on Armed Services of the Senate and the Committee on 22 Armed Services of the House of Representatives a report 23 summarizing the actions taken under the pilot program 24 during the preceding year, including information on how 25 the pilot program is— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 127 •S 4638 RS (1) effectively exercising the Ship Wartime Re- 1 pair and Maintenance program of the Navy; 2 (2) impacting the workforce at shipyards in the 3 United States; 4 (3) impacting the workforce at the Naval Ship 5 Repair Facility and Japan Regional Maintenance 6 Center; and 7 (4) impacting quality of life for sailors assigned 8 to forward-deployed naval force ships. 9 Subtitle D—Logistics and 10 Sustainment 11 SEC. 331. WAREHOUSE UTILIZATION ORGANIZATION ALIGN- 12 MENT. 13 (a) BRIEFING.—Not later than 90 days after the date 14 of the enactment of this Act, each Secretary of a military 15 department and the Director of the Defense Logistics 16 Agency shall provide to the congressional defense commit- 17 tees a briefing that— 18 (1) identifies the designated organization or 19 command that will serve as the global integrator of 20 that military department or agency and assume re- 21 sponsibilities as the manager of the storage network 22 of that military department or agency; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 128 •S 4638 RS (2) sets forth a comprehensive plan of the Sec- 1 retary concerned or the Director of the Defense Lo- 2 gistics Agency, as the case may be— 3 (A) to deploy storage space management 4 tools, as authorized by the Assistant Secretary 5 of Defense for Sustainment, across the network 6 of that military department or agency; and 7 (B) to evaluate approaches for identifying 8 improved supply chain processes, visibility, mis- 9 sion alignment, and cost savings and avoidances 10 enabled through space consolidation. 11 (b) ANNUAL REPORT.—Not later than one year after 12 the date of the enactment of this Act, and annually there- 13 after for the following five years, each Secretary of a mili- 14 tary department and the Director of the Defense Logistics 15 Agency shall submit to the congressional defense commit- 16 tees a report containing the following: 17 (1) Plans for reconstituting commercially-stored 18 inventory of the Department of Defense into the 19 warehouses of the Department on military installa- 20 tions. 21 (2) Information on barriers to reconstituting 22 such inventory from commercial storage locations. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 129 •S 4638 RS SEC. 332. AUTHORITY FOR GOVERNMENT-OWNED, GOVERN- 1 MENT-OPERATED FACILITIES TO ACCESS 2 PRODUCTION BASE SUPPORT FUNDS. 3 Not later than 180 days after the date of the enact- 4 ment of this Act, the Secretary of Defense shall prescribe 5 regulations providing that Government-Owned, Govern- 6 ment-Operated (GOGO) facilities are eligible to receive 7 Production Base Support (PBS) funding from the Army. 8 SEC. 333. CODIFICATION AND PERMANENT EXTENSION OF 9 AUTHORITY FOR REIMBURSEMENT OF EX- 10 PENSES FOR CERTAIN NAVY MESS OPER- 11 ATIONS AFLOAT. 12 (a) CODIFICATION.—Chapter 19 of title 37, United 13 States Code, is amended by inserting after section 1011 14 the following new section: 15 ‘‘§ 1011a. Reimbursement of expenses for certain 16 Navy mess operations afloat 17 ‘‘(a) AUTHORITY FOR PAYMENT.—Of the amounts 18 appropriated for operation and maintenance for the Navy, 19 not more that $1,000,000 may be used to pay the charge 20 established under section 1011 of this title for meals sold 21 by messes for United States Navy and Naval Auxiliary 22 vessels to the following: 23 ‘‘(1) Members of nongovernmental organiza- 24 tions and officers or employees of host and foreign 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 130 •S 4638 RS nations when participating in or providing support 1 to United States civil-military operations. 2 ‘‘(2) Foreign national patients treated on Naval 3 vessels during the conduct of United States civil- 4 military operations, and their escorts. 5 ‘‘(b) REPORT.—Not later than March 31 of each 6 year, the Secretary of Defense shall submit to Congress 7 a report on the use of the authority under subsection 8 (a).’’. 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 1011 the following new 12 item: 13 ‘‘1011a. Reimbursement of expenses for certain Navy mess operations afloat.’’. (c) CONFORMING REPEAL.—Section 1014 of the 14 Duncan Hunter National Defense Authorization Act for 15 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4585) 16 is repealed. 17 SEC. 334. PLAN FOR SECONDARY SOURCES IN THE MUNI- 18 TIONS SUPPLY CHAIN. 19 (a) DEVELOPMENT OF PLAN.— 20 (1) IN GENERAL.—The Secretary of the Army 21 shall develop a plan providing options to establish 22 secondary domestic production sources at existing 23 arsenals, depots, and ammunition plants of the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 131 •S 4638 RS Army to address munitions supply chain 1 chokepoints. 2 (2) EXISTING MAPPING AND STUDIES.—In de- 3 veloping the plan required under paragraph (1), the 4 Secretary of the Army shall draw on existing supply 5 chain mapping conducted by the Department of De- 6 fense and other studies conducted by the Army. 7 (b) ELEMENTS OF PLAN.—The plan required under 8 subsection (a)(1) shall include each of the following: 9 (1) An assessment of the feasibility and advis- 10 ability of expanding the scope of activities at all ex- 11 isting depots, arsenals, and ammunition plants of 12 the Army to serve as secondary sources for single 13 points of supply chain failure. 14 (2) An assessment of the feasibility and advis- 15 ability of reopening any previously closed depots, ar- 16 senals, and ammunition plants of the Army. 17 (c) BRIEFING.—Not later than 180 days after the 18 date of the enactment of this Act, the Secretary of Defense 19 shall provide to the congressional defense committees a 20 briefing on the implementation of the plan required under 21 subsection (a). 22 (d) CHOKEPOINT DEFINED.—In this section, the 23 term ‘‘chokepoint’’, with respect to a munitions supply 24 chain of the Army, means a situation in which— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 132 •S 4638 RS (1) components of the supply chain, including 1 all elements of the supply chain such as chemicals, 2 casings, or other materials, are produced by only one 3 domestic source; or 4 (2) the increased production of a component 5 would significantly increase total munitions output. 6 SEC. 335. COUNTER UNMANNED AERIAL SYSTEM THREAT 7 LIBRARY. 8 (a) IN GENERAL.—Not later than 180 days after the 9 date of the enactment of this Act, the Secretary of the 10 Army, through the Joint Counter-Small Unmanned Air- 11 craft Systems Office, shall establish and maintain a threat 12 library, or expand and maintain an existing threat library, 13 to coordinate efforts across the Department of Defense to 14 counter unmanned aircraft systems. 15 (b) INFORMATION TO BE INCLUDED.—The threat li- 16 brary required under subsection (a) shall include— 17 (1) classified and unclassified information relat- 18 ing to known or suspected threats from unmanned 19 aircraft systems; 20 (2) proposed solutions for countering such 21 known threats; and 22 (3) a comprehensive listing of global incursions 23 from unmanned aircraft systems at installations of 24 the Department of Defense. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 133 •S 4638 RS (c) DISSEMINATION.—The Secretary of the Army, 1 through the Joint Counter-Small Unmanned Aircraft Sys- 2 tems Office, shall establish a framework to share the infor- 3 mation contained in the threat library required under sub- 4 section (a) with the military departments, the combatant 5 commands, other Federal agencies, and relevant indus- 6 tries, as determined by the Secretary of the Army, in order 7 to maintain technological superiority in aerial defense. 8 Subtitle E—Reports 9 SEC. 341. MODIFICATION OF READINESS REPORTS TO IN- 10 CLUDE TOTAL NUMBER OF COMBAT READI- 11 NESS UPGRADES OR DOWNGRADES. 12 Paragraph (5) of section 482(b) of title 10, United 13 States Code, is amended to read as follows: 14 ‘‘(5) The total number of upgrades and the 15 total number of downgrades of the combat readiness 16 of a unit that were issued by the commander of the 17 unit, disaggregated by armed force.’’. 18 SEC. 342. EXTENSION AND EXPANSION OF INCIDENT RE- 19 PORTING REQUIREMENTS FOR DEPARTMENT 20 OF DEFENSE. 21 Section 363 of the National Defense Authorization 22 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 23 2722 note) is amended— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 134 •S 4638 RS (1) in subsection (a), in the matter preceding 1 paragraph (1), by striking ‘‘fiscal years 2022, 2023, 2 and 2024’’ and inserting ‘‘fiscal years 2022 through 3 2029’’; and 4 (2) in subsection (b), by striking ‘‘to the Na- 5 tional Crime Information Center and local law en- 6 forcement.’’ and inserting ‘‘to— 7 ‘‘(1) the National Crime Information Center; 8 ‘‘(2) local law enforcement; and 9 ‘‘(3) the Committees on Armed Services of the 10 Senate and the House of Representatives.’’. 11 SEC. 343. REPORT ON LANDING FEES COLLECTED BY IN- 12 STALLATIONS OF THE AIR FORCE LOCATED 13 OUTSIDE THE CONTINENTAL UNITED STATES. 14 (a) IN GENERAL.—Not later than 180 days after the 15 date of the enactment of this Act, the Secretary of the 16 Air Force shall submit to the Committees on Armed Serv- 17 ices of the Senate and the House of Representatives a re- 18 port on the landing fees collected, as of the date of the 19 report, by installations of the Air Force located outside 20 the continental United States. 21 (b) ELEMENTS.—The report required by subsection 22 (a) shall include, by location— 23 (1) the amount of fees collected; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 135 •S 4638 RS (2) the account to which those fees are depos- 1 ited; and 2 (3) the annual sustainment funds required for 3 use of the runway concerned for commercial pur- 4 poses. 5 (c) INCLUSION OF KUNSAN AIR BASE.—At a min- 6 imum, the report required by subsection (a) shall address 7 landing fees at Kunsan Air Base in the Republic of Korea. 8 SEC. 344. ANNUAL BRIEFING ON OPERATIONAL READINESS 9 OF THE 53RD WEATHER RECONNAISSANCE 10 SQUADRON PRIOR TO COMMENCEMENT OF 11 THE OFFICIAL HURRICANE SEASON. 12 Prior to the commencement of the official hurricane 13 season, the commanding officer of the 22nd Air Force 14 shall provide a briefing not later than March 31, 2025, 15 and annually thereafter for two years, to the Committee 16 on Armed Services of the Senate and the Committee on 17 Armed Services of the House of Representatives on the 18 operational readiness of the 53rd Weather Reconnaissance 19 Squadron. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 136 •S 4638 RS Subtitle F—Other Matters 1 SEC. 351. AUTHORITY FOR DETECTION AND MONITORING 2 OF ILLEGAL DRUGS REGARDLESS OF DES- 3 TINATION. 4 In conducting detection and monitoring of illegal 5 drugs under section 124 of title 10, United States Code, 6 the Joint Interagency Task Force South may conduct de- 7 tection and monitoring of illegal drugs in the air and mari- 8 time domains within the established joint operating area 9 of such task force regardless of the destination of the ille- 10 gal drugs. 11 SEC. 352. EXTENSION OF PROTECTION OF CERTAIN FACILI- 12 TIES AND ASSETS FROM UNMANNED AIR- 13 CRAFT. 14 Section 130i(i) of title 10, United States Code, is 15 amended— 16 (1) in paragraph (1), by striking ‘‘December 17 31, 2026’’ and inserting ‘‘December 31, 2027’’; and 18 (2) in paragraph (2), by striking ‘‘November 19 15, 2026’’ and inserting ‘‘November 15, 2027’’. 20 SEC. 353. LIMITATION ON AVAILABILITY OF FUNDS FOR 21 TRAVEL EXPENSES OF OFFICE OF SEC- 22 RETARY OF DEFENSE. 23 Of the funds authorized to be appropriated by this 24 Act for fiscal year 2025 for operation and maintenance, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 137 •S 4638 RS defense-wide, and available for the Office of the Secretary 1 of Defense for travel expenses, not more than 75 percent 2 may be obligated or expended until the Secretary of De- 3 fense submits to the congressional defense committees— 4 (1) the implementation plan for the Joint Con- 5 cept for Competing released on February 10, 2023, 6 as required by section 1088 of the National Defense 7 Authorization Act for Fiscal Year 2024 (Public Law 8 118–31); 9 (2) the Department of Defense Operations in 10 the Information Environment Implementation Plan 11 referenced in the Strategy for Operations in the In- 12 formation Environment released in July 2023; 13 (3) the Special Operations Forces joint oper- 14 ating concept for competition and conflict required 15 by section 1047(a) of the National Defense Author- 16 ization Act for Fiscal Year 2022 (Public Law 117– 17 81; 135 Stat. 1905); 18 (4) unredacted copies of documents requested 19 by the Committee on Armed Services of the Senate 20 during the period between on January 1, 2024, and 21 ending on June 1, 2024; and 22 (5) the implementation plan required by section 23 1087 of the James M. Inhofe National Defense Au- 24 thorization Act for Fiscal Year 2023 (Public Law 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 138 •S 4638 RS 117–263; 10 U.S.C. 161 note) relating to the re- 1 quirement under such section to establish a joint 2 force headquarters in the area of operations of 3 United States Indo-Pacific Command to serve as an 4 operational command. 5 SEC. 354. RETROFITTING OF ANTI-LOCK BRAKE SYSTEM 6 AND ELECTRONIC STABILITY CONTROL KIT 7 FOR CERTAIN ARMY VEHICLES. 8 (a) REQUIREMENT.—By not later than September 9 30, 2030, the Secretary of the Army shall ensure that all 10 high-mobility multipurpose wheeled vehicles identified in 11 the Tactical Wheeled Vehicle Strategy of the Army have 12 been retrofitted with an anti-lock brake system and elec- 13 tronic stability control kit. 14 (b) PLAN.— 15 (1) IN GENERAL.—The Secretary of the Army 16 shall develop a plan to ensure the requirement under 17 subsection (a) will be met. 18 (2) ELEMENTS OF PLAN.—The plan required 19 under paragraph (1) shall include the following: 20 (A) A description of the steps required to 21 ramp up production of the anti-lock brake sys- 22 tem and electronic stability control kits required 23 under subsection (a) and conduct retrofitting 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 139 •S 4638 RS activities at Red River Army Depot, Texas, and 1 its associated flyaway teams. 2 (B) A list of challenges identified by the 3 Secretary of the Army, if any, to meeting the 4 requirement under subsection (a) and a list of 5 steps required to address those challenges. 6 (C) An estimated monthly rate of retrofits 7 needed to meet the requirement under sub- 8 section (a). 9 (D) A funding plan required to carry out 10 the steps described in subparagraphs (A) and 11 (B). 12 (E) An identification of any authorities or 13 funding required for secondary destination 14 transportation to fulfill the plan required under 15 paragraph (1). 16 (3) SUBMISSION OF PLAN.—Not later than 90 17 days after the date of the enactment of this Act, the 18 Secretary of the Army shall submit to the congres- 19 sional defense committees the plan required by para- 20 graph (1). 21 (c) ANNUAL CERTIFICATION.—Not later than each of 22 March 1, 2025, March 1, 2026, and March 1, 2027, the 23 Secretary of the Army shall certify to the congressional 24 defense committees that the budget of the Army will en- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 140 •S 4638 RS able the Army to meet the requirement under subsection 1 (a). 2 SEC. 355. COORDINATION OF PLANNING WITH RESPECT TO 3 STOCKPILES OF BASIC LIFE SUSTAINING AND 4 PERSONNEL ITEMS AND EQUIPMENT. 5 (a) IN GENERAL.—The Under Secretary of Defense 6 for Acquisition and Sustainment, in coordination with the 7 Chairman of the Joint Chiefs of Staff and each equivalent 8 acquisition officer of the military departments, shall deter- 9 mine the following: 10 (1) Notwithstanding the requirements of the 11 joint strategic capabilities plan or any other stra- 12 tegic planning document of the Department of De- 13 fense, whether existing total force stockpiles of basic 14 life sustaining and personnel items and equipment 15 are sufficient in the event of direct involvement by 16 the United States in a protracted conflict or in more 17 than one large-scale conflict taking place simulta- 18 neously in more than one theater. 19 (2) The likely impact on supply chains of pro- 20 curement by the Department of basic life sustaining 21 and personnel items and equipment in a situation 22 described in paragraph (1) and possible alternative 23 sources of production and procurement of such 24 items. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 141 •S 4638 RS (3) Whether current operational plans of the 1 Armed Forces can be executed in two separate thea- 2 ters simultaneously without drawing on the same 3 stockpiles of basic life sustaining and personnel 4 items and equipment, or whether those plans rely on 5 the same stockpiles being available notwithstanding 6 other operational plans of the Armed Forces. 7 (b) REPORT.— 8 (1) IN GENERAL.—Not later than 180 days 9 after the date of the enactment of this Act, the 10 Chairman of the Joint Chiefs of Staff shall submit 11 to the congressional defense committees a report 12 containing the findings and determinations made 13 under subsection (a). 14 (2) STOCKPILES RELATING TO VEHICLES.—The 15 report required under paragraph (1) shall include an 16 assessment of the availability of stockpiles of— 17 (A) weather and terrain appropriate tires 18 for tactical vehicles; and 19 (B) mobile extreme weather shelters for 20 maintenance of military vehicles. 21 (c) DEFINITIONS.—In this section: 22 (1) BASIC LIFE SUSTAINING AND PERSONNEL 23 ITEMS AND EQUIPMENT.—The term ‘‘basic life sus- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 142 •S 4638 RS taining and personnel items and equipment’’ in- 1 cludes the following: 2 (A) Subsistence items, including food and 3 food-related supplies, including condiments, 4 utensils, paper products, and bottled water. 5 (B) Clothing, individual equipment, tent- 6 age, organizational tool kits, hand tools, and 7 administrative and housekeeping supplies and 8 equipment. 9 (C) Personal demand items (non-military 10 sales items). 11 (D) Such other items as the Chairman of 12 the Joint Chiefs of Staff may identify. 13 (2) PROTRACTED CONFLICT.—The term ‘‘pro- 14 tracted conflict’’ means any armed conflict that ex- 15 tends beyond anticipated timelines set forth or im- 16 plied in strategic planning documents or operational 17 plans, such that the cumulative effects of hostilities 18 result in the military goals set forth in strategic 19 plans no longer being sufficient to end the conflict. 20 SEC. 356. PRE-POSITIONED STOCKS OF FINISHED DEFENSE 21 TEXTILE ARTICLES. 22 (a) IN GENERAL.—The Secretary of Defense may es- 23 tablish pre-positioned stocks of finished defense textile ar- 24 ticles, such as uniforms and protective gear, to support 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 143 •S 4638 RS the rapid mobilization and sustainment of members of the 1 Armed Forces during a contingency operation. 2 (b) PLAN TO REDUCE DELAYS.—The Secretary shall 3 develop a plan for phasing in and targeting policy changes 4 relating to defense textile articles to reduce delinquencies 5 and mitigate delays between policy decisions that may re- 6 sult in the miscalculation of stockpiling in order to ensure 7 ample finished textiles are available to prevent a scenario 8 in which the demand for certain articles is ramping down 9 by the time the supply chain can ramp up to meet the 10 need. 11 SEC. 357. PILOT PROGRAM FOR ADVANCED MANUFAC- 12 TURING IN THE INDO-PACIFIC REGION. 13 (a) ESTABLISHMENT OF A PILOT PROGRAM.—Not 14 later than 180 days after the date of the enactment of 15 this Act, the Secretary of Defense, acting through the As- 16 sistant Secretary of Defense for Industrial Base Policy 17 and in coordination with the Commander of the United 18 States Indo-Pacific Command, shall carry out a pilot pro- 19 gram under which the Secretary— 20 (1) establishes a public-private partnership to 21 develop an advanced manufacturing facility on or 22 near a military installation within the area of re- 23 sponsibility of the United States Indo-Pacific Com- 24 mand capable of meeting flexible manufacturing re- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 144 •S 4638 RS quirements to support the submarine and ship- 1 building industrial base and related emerging needs 2 of the commanders of the combatant commands and 3 the commanders of other components of the Armed 4 Forces; 5 (2) fosters partnerships between industry, local 6 universities, and workforce training programs to de- 7 velop a local workforce in the vicinity of such facility 8 capable of meeting advanced manufacturing de- 9 mands; 10 (3) coordinates requirements from the Sub- 11 marine Industrial Base Task Force, the United 12 States Indo-Pacific Command, the Innovation Capa- 13 bility and Modernization Office of the Department of 14 Defense, and the Industrial Base Analysis and 15 Sustainment program of the Department; 16 (4) manufactures unmanned vehicles, including 17 surface and underwater vehicles, and develops ship 18 maintenance capabilities; and 19 (5) is responsive to needs across the uniformed 20 services and the defense industrial base. 21 (b) ELEMENTS.—The advanced manufacturing facil- 22 ity and workforce training program required under the 23 pilot program under subsection (a) shall— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 145 •S 4638 RS (1) be capable of additively manufacturing 1 metal structures at least 10 feet in diameter and 50 2 feet long; 3 (2) be able to manufacture systems and compo- 4 nents that— 5 (A) use wire-arc additive manufacturing, 6 powder bed fusion manufacturing, cold spray 7 manufacturing, or other similar manufacturing 8 capabilities; and 9 (B) maintain a local machining capability; 10 (3) be able to maintain a production capability 11 across the six critical materials of the Navy in order 12 to respond to emerging repair and production re- 13 quirements during conflict; and 14 (4) ensure broad participation in the workforce 15 training program by establishing the facility either 16 outside of a military installation (but very close to 17 a military installation) or onboard a military instal- 18 lation with readily available access to a civilian 19 trainee workforce. 20 (c) TERMINATION.—The requirement to carry out the 21 pilot program under subsection (a) shall terminate on the 22 date that is five years after the date on which the Sec- 23 retary establishes the pilot program. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 146 •S 4638 RS (d) ANNUAL REPORT.—Not later than December 1 1 of each year in which the pilot program under subsection 2 (a) is carried out, the Assistant Secretary of Defense for 3 Industrial Base Policy shall submit to the Committees on 4 Armed Services of the Senate and the House of Represent- 5 atives a report summarizing the actions taken under the 6 pilot program during the preceding year, including infor- 7 mation on how the pilot program is supporting initiatives 8 of the United States Indo-Pacific Command. 9 (e) ADVANCED MANUFACTURING DEFINED.—In this 10 section, the term ‘‘advanced manufacturing’’ means a 11 manufacturing process utilizing the following techniques: 12 (1) Additive manufacturing. 13 (2) Wire-arc additive manufacturing. 14 (3) Powder bed fusion manufacturing. 15 (4) Other similar manufacturing capabilities. 16 TITLE IV—MILITARY 17 PERSONNEL AUTHORIZATIONS 18 Subtitle A—Active Forces 19 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 20 The Armed Forces are authorized strengths for active 21 duty personnel as of September 30, 2025, as follows: 22 (1) The Army, 442,300. 23 (2) The Navy, 332,300. 24 (3) The Marine Corps, 172,300. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 147 •S 4638 RS (4) The Air Force, 320,000. 1 (5) The Space Force, 9,800. 2 SEC. 402. ANNUAL END-STRENGTH AUTHORIZATION FOR 3 THE SPACE FORCE. 4 (a) END STRENGTH AUTHORIZATION BY LAW FOR 5 SPACE FORCE TO BE A SINGLE NUMBER FOR MEMBERS 6 IN SPACE FORCE ACTIVE STATUS.— 7 (1) REQUIREMENT.—Subsection (a) of section 8 115 of title 10, United States Code, is amended by 9 adding at the end the following new paragraph: 10 ‘‘(3) The end strength for the Space Force for 11 members in space force active status.’’. 12 (2) CONFORMING AMENDMENTS.—Such sub- 13 section is further amended— 14 (A) in the subsection heading, by striking 15 ‘‘AND SELECTED RESERVE’’ and inserting ‘‘, 16 SELECTED RESERVE, AND SPACE FORCE’’; and 17 (B) in paragraph (1), by striking ‘‘each of 18 the armed forces (other than the Coast Guard)’’ 19 and inserting ‘‘the Army, Navy, Air Force, and 20 Marine Corps’’. 21 (b) CORRESPONDING LIMITATION ON APPROPRIA- 22 TIONS.—Subsection (c) of such section is amended— 23 (1) in paragraph (2), by striking ‘‘; or’’ and in- 24 serting a semicolon; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 148 •S 4638 RS (2) by redesignating paragraph (3) as para- 1 graph (4); and 2 (3) by inserting after paragraph (2) the fol- 3 lowing new paragraph: 4 ‘‘(3) the use of members of the Space Force in 5 space force active status unless the end strength for 6 the Space Force for that fiscal year for members in 7 space force active status has been authorized by law; 8 or’’. 9 (c) AUTHORITY FOR VARIANCES OF END 10 STRENGTH.— 11 (1) SECRETARY OF DEFENSE.—Subsection (f) 12 of such section is amended— 13 (A) in the subsection heading, by striking 14 ‘‘AND SELECTED RESERVE’’ and inserting ‘‘, 15 SELECTED RESERVE, AND SPACE FORCE’’; and 16 (B) in paragraph (1), by striking ‘‘sub- 17 section (a)(1)(A)’’ and inserting ‘‘paragraph 18 (1)(A) or (3) of subsection (a)’’. 19 (2) SECRETARY OF THE AIR FORCE.—Sub- 20 section (g) of such section is amended— 21 (A) in the subsection heading, by striking 22 ‘‘AND SELECTED RESERVE’’ and inserting ‘‘, 23 SELECTED RESERVE, AND SPACE FORCE’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 149 •S 4638 RS (B) in paragraph (1)(A), by striking ‘‘sub- 1 section (a)(1)(A)’’ and inserting ‘‘paragraph 2 (1)(A) or (3) of subsection (a)’’. 3 (3) EFFECTIVE DATE.—The amendments made 4 by paragraphs (1) and (2) shall take effect upon the 5 date specified under paragraph (2) of section 6 1736(a) of the Space Force Personnel Management 7 Act (title XVII of Public Law 118–31; 137 Stat. 8 677) for the expiration of the authority provided by 9 paragraph (1) of that section. 10 (4) CONFORMING CROSS-REFERENCE AMEND- 11 MENTS TO SFPMA.—Section 1736(a)(1) of the Space 12 Force Personnel Management Act (title XVII of 13 Public Law 118–31) is amended by striking ‘‘section 14 115(a)(1)(A)’’ both places it appears and inserting 15 ‘‘section 115(a)(3)’’. 16 Subtitle B—Reserve Forces 17 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 18 (a) IN GENERAL.—The Armed Forces are authorized 19 strengths for Selected Reserve personnel of the reserve 20 components as of September 30, 2025, as follows: 21 (1) The Army National Guard of the United 22 States, 325,000. 23 (2) The Army Reserve, 175,800. 24 (3) The Navy Reserve, 57,700. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 150 •S 4638 RS (4) The Marine Corps Reserve, 32,500. 1 (5) The Air National Guard of the United 2 States, 108,300. 3 (6) The Air Force Reserve, 67,000. 4 (7) The Coast Guard Reserve, 7,000. 5 (b) END STRENGTH REDUCTIONS.—The end 6 strengths prescribed by subsection (a) for the Selected Re- 7 serve of any reserve component shall be proportionately 8 reduced by— 9 (1) the total authorized strength of units orga- 10 nized to serve as units of the Selected Reserve of 11 such component which are on active duty (other 12 than for training) at the end of the fiscal year; and 13 (2) the total number of individual members not 14 in units organized to serve as units of the Selected 15 Reserve of such component who are on active duty 16 (other than for training or for unsatisfactory partici- 17 pation in training) without their consent at the end 18 of the fiscal year. 19 (c) END STRENGTH INCREASES.—Whenever units or 20 individual members of the Selected Reserve for any reserve 21 component are released from active duty during any fiscal 22 year, the end strength prescribed for such fiscal year for 23 the Selected Reserve of such reserve component shall be 24 increased proportionately by the total authorized strengths 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 151 •S 4638 RS of such units and by the total number of such individual 1 members. 2 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 3 DUTY IN SUPPORT OF THE RESERVES. 4 Within the end strengths prescribed in section 5 411(a), the reserve components of the Armed Forces are 6 authorized, as of September 30, 2025, the following num- 7 ber of Reserves to be serving on full-time active duty or 8 full-time duty, in the case of members of the National 9 Guard, for the purpose of organizing, administering, re- 10 cruiting, instructing, or training the reserve components: 11 (1) The Army National Guard of the United 12 States, 30,845. 13 (2) The Army Reserve, 16,511. 14 (3) The Navy Reserve, 10,132. 15 (4) The Marine Corps Reserve, 2,400. 16 (5) The Air National Guard of the United 17 States, 25,982. 18 (6) The Air Force Reserve, 6,311. 19 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 20 (DUAL STATUS). 21 (a) IN GENERAL.—The minimum number of military 22 technicians (dual status) as of the last day of fiscal year 23 2025 for the reserve components of the Army and the Air 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 152 •S 4638 RS Force (notwithstanding section 129 of title 10, United 1 States Code) shall be the following: 2 (1) For the Army National Guard of the United 3 States, 22,294. 4 (2) For the Army Reserve, 6,492. 5 (3) For the Air National Guard of the United 6 States, 10,744. 7 (4) For the Air Force Reserve, 6,697. 8 (b) LIMITATION ON NUMBER OF TEMPORARY MILI- 9 TARY TECHNICIANS (DUAL STATUS).—The number of 10 temporary military technicians (dual status) employed 11 under the authority of subsection (a) may not exceed 25 12 percent of the total authorized number specified in such 13 subsection. 14 (c) LIMITATION.—Under no circumstances may a 15 military technician (dual status) employed under the au- 16 thority of this section be coerced by a State into accepting 17 an offer of realignment or conversion to any other military 18 status, including as a member of the Active, Guard, and 19 Reserve component. If a military technician (dual status) 20 declines to participate in such realignment or conversion, 21 no further action will be taken against the individual or 22 the individual’s position. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 153 •S 4638 RS SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU- 1 THORIZED TO BE ON ACTIVE DUTY FOR 2 OPERATIONAL SUPPORT. 3 During fiscal year 2025, the maximum number of 4 members of the reserve components of the Armed Forces 5 who may be serving at any time on full-time operational 6 support duty under section 115(b) of title 10, United 7 States Code, is the following: 8 (1) The Army National Guard of the United 9 States, 17,000. 10 (2) The Army Reserve, 13,000. 11 (3) The Navy Reserve, 6,200. 12 (4) The Marine Corps Reserve, 3,000. 13 (5) The Air National Guard of the United 14 States, 16,000. 15 (6) The Air Force Reserve, 14,000. 16 SEC. 415. EXEMPTION OF NATIONAL GUARD BILATERAL AF- 17 FAIRS OFFICERS FROM ACTIVE-DUTY END 18 STRENGTH LIMITS AND MODIFICATION OF 19 ANNUAL REPORTING REQUIREMENT RE- 20 GARDING SECURITY COOPERATION ACTIVI- 21 TIES. 22 (a) EXEMPTION OF NATIONAL GUARD BILATERAL 23 AFFAIRS OFFICERS FROM ACTIVE-DUTY END STRENGTH 24 LIMITS.—Section 115(i) of title 10, United States Code, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 154 •S 4638 RS is amended by adding at the end the following new para- 1 graph: 2 ‘‘(14) Members of the National Guard on active 3 duty or full-time National Guard duty serving as Bi- 4 lateral Affairs Officers as part of the National 5 Guard State Partnership Program.’’. 6 (b) MODIFICATION OF ANNUAL REPORTING RE- 7 QUIREMENT REGARDING SECURITY COOPERATION AC- 8 TIVITIES.—Section 386(a) of title 10, United States Code, 9 is amended by striking ‘‘appropriate congressional com- 10 mittees’’ and inserting ‘‘congressional defense commit- 11 tees’’. 12 Subtitle C—Authorization of 13 Appropriations 14 SEC. 421. MILITARY PERSONNEL. 15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 16 are hereby authorized to be appropriated for fiscal year 17 2025 for the use of the Armed Forces and other activities 18 and agencies of the Department of Defense for expenses, 19 not otherwise provided for, for military personnel, as spec- 20 ified in the funding table in section 4401. 21 (b) CONSTRUCTION OF AUTHORIZATION.—The au- 22 thorization of appropriations in the subsection (a) super- 23 sedes any other authorization of appropriations (definite 24 or indefinite) for such purpose for fiscal year 2025. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 155 •S 4638 RS TITLE V—MILITARY PERSONNEL 1 POLICY 2 Subtitle A—Officer Personnel 3 Policy 4 SEC. 501. REPEAL OF ACTIVE DUTY SERVICE REQUIRE- 5 MENT FOR WARRANT OFFICER APPOINT- 6 MENTS IN AIR FORCE AND SPACE FORCE. 7 (a) IN GENERAL.—Section 9160 of title 10, United 8 States Code, is hereby repealed. 9 (b) CLERICAL AMENDMENT.—The table of sections 10 at the beginning of chapter 915 of title 10, United States 11 Code, is amended by striking the item relating to section 12 9160. 13 SEC. 502. TALENT MANAGEMENT AND PERSONNEL RETEN- 14 TION FOR MEMBERS OF THE ARMED FORCES. 15 (a) AUTHORITY FOR OFFICERS TO OPT-OUT OF PRO- 16 MOTION BOARD CONSIDERATION.— 17 (1) REGULAR OFFICERS.—Section 619(e)(2)(A) 18 of title 10, United States Code, is amended— 19 (A) by inserting ‘‘training,’’ after ‘‘Depart- 20 ment,’’; and 21 (B) by striking ‘‘assignment or education’’ 22 and inserting ‘‘assignment, education, or train- 23 ing’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 156 •S 4638 RS (2) RESERVE OFFICERS.—Section 1 14301(j)(2)(A) of title 10, United States Code, is 2 amended— 3 (A) by inserting ‘‘training,’’ after ‘‘Depart- 4 ment,’’; and 5 (B) by striking ‘‘assignment or education’’ 6 and inserting ‘‘assignment, education, or train- 7 ing’’. 8 (b) EFFECT OF FAILURE OF SELECTION FOR PRO- 9 MOTION FOR CERTAIN OFFICERS.— 10 (1) FIRST LIEUTENANTS AND LIEUTENANTS 11 (JUNIOR GRADE).—Section 631(a) of title 10, United 12 States Code, is amended— 13 (A) in paragraph (1), by striking ‘‘the 14 President approves the report of the board 15 which considered him for the second time’’ and 16 inserting ‘‘the Secretary concerned releases the 17 promotion results of the board which considered 18 the officer for the second time to the public’’; 19 and 20 (B) in paragraph (2), by striking ‘‘the 21 President approves the report of the board 22 which considered him for the second time’’ and 23 inserting ‘‘the Secretary concerned releases the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 157 •S 4638 RS promotion results of the board which considered 1 the officer for the second time to the public’’. 2 (2) CAPTAINS AND MAJORS OF THE ARMY, AIR 3 FORCE, AND MARINE CORPS AND LIEUTENANTS AND 4 LIEUTENANT COMMANDERS OF THE NAVY.—Section 5 632(a)(2) of such title is amended by striking ‘‘the 6 President approves the report of the board which 7 considered him for the second time’’ and inserting 8 ‘‘the Secretary concerned releases the promotion re- 9 sults of the board which considered the officer for 10 the second time to the public’’. 11 (3) REGULAR NAVY AND REGULAR MARINE 12 CORPS OFFICERS DESIGNATED FOR LIMITED 13 DUTY.—Section 8372 of such title is amended— 14 (A) in subsection (b), by striking ‘‘the 15 President approves the report of the selection 16 board in which the officer is considered as hav- 17 ing failed of selection for promotion to the 18 grade of commander or lieutenant colonel for 19 the second time’’ and inserting ‘‘the Secretary 20 concerned releases the promotion results of the 21 board which considered the officer for the sec- 22 ond time to the public’’; 23 (B) in subsection (d), by striking ‘‘the 24 President approves the report of the selection 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 158 •S 4638 RS board in which the officer is considered as hav- 1 ing failed of selection for promotion to the 2 grade of lieutenant commander or major for the 3 second time’’ and inserting ‘‘the Secretary con- 4 cerned releases the promotion results of the 5 board which considered the officer for the sec- 6 ond time to the public’’; and 7 (C) in subsection (e), by striking ‘‘the 8 President approves the report of the selection 9 board in which the officer is considered as hav- 10 ing failed of selection for promotion to the 11 grade of lieutenant or captain, respectively, for 12 the second time’’ and inserting ‘‘the Secretary 13 concerned releases the promotion results of the 14 board which considered the officer for the sec- 15 ond time to the public’’. 16 (4) RESERVE FIRST LIEUTENANTS OF THE 17 ARMY, AIR FORCE, AND MARINE CORPS AND RE- 18 SERVE LIEUTENANTS (JUNIOR GRADE) OF THE 19 NAVY.—Section 14504 of such title is amended— 20 (A) in subsection (a), by striking ‘‘the 21 President approves the report of the board 22 which considered the officer for the second 23 time’’ and inserting ‘‘the Secretary concerned 24 releases the promotion results of the board 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 159 •S 4638 RS which considered the officer for the second time 1 to the public’’; and 2 (B) in subsection (b), by striking ‘‘Presi- 3 dent approves the report of the selection board 4 which resulted in the second failure’’ and in- 5 serting ‘‘the Secretary concerned releases the 6 promotion results of the board which considered 7 the officer for the second time to the public’’. 8 (5) RESERVE CAPTAINS OF THE ARMY, AIR 9 FORCE, AND MARINE CORPS AND RESERVE LIEUTEN- 10 ANTS OF THE NAVY.—Section 14505 of such title is 11 amended by striking ‘‘the President approves the re- 12 port of the board which considered the officer for 13 the second time’’ and inserting ‘‘the Secretary con- 14 cerned releases the promotion results of the board 15 which considered the officer for the second time to 16 the public’’. 17 (6) RESERVE MAJORS OF THE ARMY, AIR 18 FORCE, AND MARINE CORPS AND RESERVE LIEUTEN- 19 ANT COMMANDERS OF THE NAVY.—Section 14506 of 20 such title is amended by striking ‘‘the President ap- 21 proves the report of the board which considered the 22 officer for the second time’’ and inserting ‘‘the Sec- 23 retary concerned releases the promotion results of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 160 •S 4638 RS the board which considered the officer for the second 1 time to the public’’. 2 SEC. 503. AUTHORITY TO INCREASE THE NUMBER OF 3 NURSE OFFICERS RECOMMENDED FOR PRO- 4 MOTION. 5 (a) IN GENERAL.—For purposes of recommendations 6 for promotion by selection boards under section 616 of 7 title 10, United States Code, the Secretary concerned may, 8 notwithstanding the limit specified in subsection (d) of 9 such section, authorize a greater number of officers so rec- 10 ommended that is less than 100 percent of the number 11 of officers so included, for nurse officers recommended for 12 promotion to major or lieutenant commander, if the Sec- 13 retary concerned determines that such greater number is 14 necessary to maintain or improve medical readiness. 15 (b) SUNSET.—The authority under subsection (a) 16 shall expire on December 31, 2030. 17 SEC. 504. VICE CHIEF OF SPACE OPERATIONS; VACANCY IN 18 POSITION OF CHIEF OF SPACE OPERATIONS. 19 (a) VICE CHIEF OF SPACE OPERATIONS.—Chapter 20 908 of title 10, United States Code, is amended— 21 (1) by redesignating sections 9083, 9084, 9085, 22 and 9086 as sections 9084, 9085, 9086, and 9087, 23 respectively; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 161 •S 4638 RS (2) by inserting after section 9082 the following 1 new section 9083: 2 ‘‘§ 9083. Vice Chief of Space Operations 3 ‘‘(a) APPOINTMENT.—There is a Vice Chief of Space 4 Operations, appointed by the President, by and with the 5 advice and consent of the Senate, from the general officers 6 of the Space Force. 7 ‘‘(b) GRADE.—The Vice Chief of Space Operations, 8 while so serving, has the grade of general without vacating 9 the permanent grade of the officer. 10 ‘‘(c) DUTIES.—The Vice Chief of Space Operations 11 shall have such authorities and duties with respect to the 12 Space Force as the Chief of Space Operations, with the 13 approval of the Secretary of the Air Force, may delegate 14 to or prescribe for the Vice Chief of Space Operations. 15 Orders issued by the Vice Chief of Space Operations in 16 performing such duties have the same effect as orders 17 issued by the Chief of Space Operations.’’. 18 (b) VACANCY IN POSITION OF CHIEF OF SPACE OP- 19 ERATIONS.—Section 9082 of such title is amended by add- 20 ing at the end the following new subsection: 21 ‘‘(f) VACANCY IN POSITION OF CHIEF OF SPACE OP- 22 ERATIONS.—When there is a vacancy in the position of 23 Chief of Space Operations or during the absence or dis- 24 ability of the Chief of Space Operations— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 162 •S 4638 RS ‘‘(1) the Vice Chief of Space Operations shall 1 perform the duties of the Chief of Space Operations 2 until a successor is appointed or the absence or dis- 3 ability ceases; or 4 ‘‘(2) if there is a vacancy in the position of the 5 Vice Chief of Space Operations or the Vice Chief of 6 Space Operations is absent or disabled, unless the 7 President directs otherwise, the most senior officer 8 of the Space Force in the Space Staff who is not ab- 9 sent or disabled and who is not restricted in per- 10 formance of duty shall perform the duties of the 11 Chief of Space Operations until the earliest of— 12 ‘‘(A) the appointment of a successor to the 13 Chief of Space Operations or the Vice Chief of 14 Space Operations; or 15 ‘‘(B) the cessation of the absence or dis- 16 ability of the Chief of Space Operations or Vice 17 Chief of Space Operations.’’. 18 (c) CLERICAL AMENDMENTS.—The table of sections 19 at the beginning of such chapter is amended by striking 20 the items relating to sections 9083, 9084, 9085, and 9086 21 and inserting the following new items: 22 ‘‘9083. Vice Chief of Space Operations. ‘‘9084. Office of the Chief of Space Operations: function; composition. ‘‘9085. Office of the Chief of Space Operations: general duties. ‘‘9086. Regular Space Force: composition. ‘‘9087. Space Development Agency.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 163 •S 4638 RS SEC. 505. ELIGIBILITY FOR CONSIDERATION FOR PRO- 1 MOTION: TIME-IN-GRADE AND OTHER RE- 2 QUIREMENTS. 3 (a) WARRANT OFFICERS.—Section 577 of title 10, 4 United States Code, is amended by inserting ‘‘or an ap- 5 proved retirement date’’ after ‘‘an established separation 6 date that is within 90 days after the date on which the 7 board is convened’’. 8 (b) OFFICERS.—Section 619(c)(2)(C) of title 10, 9 United States Code, is amended by inserting ‘‘or an ap- 10 proved retirement date’’ after ‘‘an established separation 11 date that is within 90 days after the date the board is 12 convened’’. 13 (c) RESERVE COMPONENTS.—Section 14301(f) of 14 title 10, United States Code, is amended to read as fol- 15 lows: 16 ‘‘(f) NONCONSIDERATION OF OFFICERS SCHEDULED 17 FOR REMOVAL FROM RESERVE ACTIVE-STATUS LIST.— 18 The Secretary of the military department concerned may, 19 by regulation, preclude from consideration by a selection 20 board by which an officer would otherwise be eligible to 21 be considered, an officer who has an established separa- 22 tion date that is within 90 days after the date the board 23 is convened or an approved retirement date.’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 164 •S 4638 RS SEC. 506. EFFECT OF FAILURE OF SELECTION FOR PRO- 1 MOTION: CAPTAINS AND MAJORS OF THE 2 ARMY, AIR FORCE, MARINE CORPS, AND 3 SPACE CORPS AND LIEUTENANTS AND LIEU- 4 TENANT COMMANDERS OF THE NAVY. 5 Section 632(c) of title 10, United States Code, is 6 amended to read as follows: 7 ‘‘(c)(1) If an officer is subject to discharge under sub- 8 section (a)(1) and, as of the date on which the officer is 9 to be discharged under that subsection, the officer has not 10 completed the officer’s active duty service obligation, the 11 officer shall be retained on active duty until completion 12 of such active duty service obligation, and then be dis- 13 charged under subsection (a)(1), unless sooner retired or 14 discharged under another provision of law. 15 ‘‘(2) The Secretary concerned may waive the applica- 16 bility of paragraph (1) to any officer if the Secretary de- 17 termines that completion of the active duty service obliga- 18 tion of that officer is not in the best interest of the serv- 19 ice.’’. 20 SEC. 507. REMOVAL OF OFFICERS FROM A LIST OF SPACE 21 FORCE OFFICERS RECOMMENDED FOR PRO- 22 MOTION. 23 Section 20241(f) of title 10, United States Code, is 24 amended by striking ‘‘section 14310’’ and inserting ‘‘sec- 25 tions 629 or 14310’’. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 165 •S 4638 RS SEC. 508. CONSIDERATION OF MERIT BY SPECIAL SELEC- 1 TION REVIEW BOARDS. 2 (a) REGULAR COMPONENTS.—Section 628a(d)(4)(A) 3 of title 10, United States Code, is amended by inserting 4 ‘‘ranks in the upper half of an order of merit created by 5 the special selection review board or’’ before ‘‘ranks on 6 an order of merit created by the special selection review 7 board as better qualified’’. 8 (b) RESERVE COMPONENTS.—Section 9 14502a(d)(4)(A) of title 10, United States Code, is 10 amended by inserting ‘‘ranks in the upper half of an order 11 of merit created by the special selection review board or’’ 12 before ‘‘ranks on an order of merit created by the special 13 selection review board as better qualified’’. 14 SEC. 509. MODIFICATION OF AUTHORITY TO SEPARATE OF- 15 FICERS WHEN IN THE BEST INTEREST OF 16 THE SERVICE. 17 Section 1182(d) of title 10, United States Code, is 18 amended— 19 (1) by amending paragraph (1) to read as fol- 20 lows: 21 ‘‘(1)(A) If a board of inquiry determines that an offi- 22 cer should be retained, the officer’s case is closed unless 23 the board substantiated a basis for separation and, upon 24 recommendation from the service chief, the Secretary of 25 the military department determines that the board’s reten- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 166 •S 4638 RS tion recommendation is clearly erroneous in light of the 1 evidence considered by the board, a miscarriage of justice, 2 and inconsistent with the best interest of the service. In 3 such cases, the Secretary of the military department may 4 separate the officer after providing a written justification 5 of the decision to separate. 6 ‘‘(B) An officer considered for separation under this 7 section must be notified and afforded the opportunity to 8 present matters for the Secretary of the military depart- 9 ment to consider when making the separation determina- 10 tion. The Secretary of the military department shall review 11 the case to determine whether the retention recommenda- 12 tion of the board is clearly contrary to the substantial 13 weight of the evidence in the record and whether the offi- 14 cer’s conduct discredits the Service, adversely affects good 15 order and discipline, and adversely affects the officer’s 16 performance of duty. 17 ‘‘(C) Exercise of authority to separate an officer 18 under this section shall be reserved for unusual cases 19 where such action is essential to the interests of justice, 20 discipline, and proper administration of the service.’’; 21 (2) by redesignating paragraphs (2) and (3) as 22 paragraphs (3) and (4), respectively; and 23 (3) by inserting after paragraph (1) the fol- 24 lowing new paragraph: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 167 •S 4638 RS ‘‘(2) Authority to direct administrative separation 1 after a board of inquiry’s recommendation to retain an 2 officer may only be delegated to a civilian official within 3 a military department appointed by the President, by and 4 with the advice and consent of the Senate. The least favor- 5 able characterization in such cases will be general (under 6 honorable conditions).’’. 7 SEC. 509A. IMPROVEMENTS RELATING TO MEDICAL OFFI- 8 CER OF THE MARINE CORPS POSITION. 9 (a) MEDICAL OFFICER OF THE MARINE CORPS.— 10 (1) IN GENERAL.—Chapter 806 of title 10, 11 United States Code, is amended by adding at the 12 end the following new section: 13 ‘‘§ 8048. Medical Officer of the Marine Corps 14 ‘‘(a) There is a Medical Officer of the Marine Corps 15 who shall be appointed from among flag officers of the 16 Navy. 17 ‘‘(b) The Medical Officer of the Marine Corps, while 18 so serving, shall hold the grade of rear admiral (lower 19 half).’’. 20 (2) CLERICAL AMENDMENT.—The table of sec- 21 tions at the beginning of chapter 806 of title 10, 22 United States Code, is amended by inserting after 23 the item relating to section 8047 the following new 24 item: 25 ‘‘8048. Medical Officer of the Marine Corps.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 168 •S 4638 RS (b) EXCLUSION FROM CERTAIN DISTRIBUTION LIMI- 1 TATIONS.—Section 525 of such title is amended— 2 (1) by redesignating subsection (g) as sub- 3 section (h); and 4 (2) by inserting after subsection (f) the fol- 5 lowing new subsection: 6 ‘‘(g) A naval officer while serving as the Medical Offi- 7 cer of the Marine Corps is in addition to the number that 8 would otherwise be permitted for the Navy for officers 9 serving on active duty in the grade of rear admiral (lower 10 half) under subsection (a).’’. 11 (c) EXCLUSION FROM ACTIVE DUTY STRENGTH LIM- 12 ITATIONS.—Section 526 of such title is amended— 13 (1) by redesignating subsections (g) through (j) 14 as subsections (h) through (k), respectively; and 15 (2) by inserting after subsection (f) the fol- 16 lowing new subsection: 17 ‘‘(g) EXCLUSION OF MEDICAL OFFICER OF MARINE 18 CORPS.—The limitations of this section do not apply to 19 the flag officer who is serving as the Medical Officer of 20 the Marine Corps.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 169 •S 4638 RS SEC. 509B. LONGER TERM AND ELIGIBILITY FOR APPOINT- 1 MENT TO RANK OF ADMIRAL OF COM- 2 MANDER OF NAVAL SEA SYSTEMS COMMAND. 3 (a) TERM.—Section 526 of title 10, United States 4 Code, is amended by adding at the end the following new 5 subsection: 6 ‘‘(k)(1) An individual service as the Commander of 7 the Naval Sea Systems Command— 8 ‘‘(A) subject to paragraph (2), shall serve for a 9 term of eight years; and 10 ‘‘(B) is eligible to be appointed to the rank of 11 Admiral during the final three years of that term. 12 ‘‘(2) The Secretary of the Navy may terminate the 13 term of an individual serving as the Commander of the 14 Naval Sea Systems Command before the end of the eight- 15 year term specified in paragraph (1)(A) if the Secretary 16 notifies the congressional defense committees of the termi- 17 nation.’’. 18 (b) EXTENSION OF TIME PERIOD FOR RETIREMENT 19 FOR YEARS OF SERVICE.—Section 636(c) of such title is 20 amended— 21 (1) by striking ‘‘In the administration’’ and in- 22 serting ‘‘(1) Except as provided in paragraph (2), in 23 the administration’’; and 24 (2) by adding at the end the following new 25 paragraph: 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 170 •S 4638 RS ‘‘(2) The officer serving as the Commander of the 1 Naval Sea Systems Command— 2 ‘‘(A) may continue to serve after 40 years of 3 active commissioned service in order to complete the 4 term of the Commander specified in section 5 526(k)(1)(A) of this title; 6 ‘‘(B) may in no case serve more than 45 years 7 of active commissioned service.’’. 8 Subtitle B—Reserve Component 9 Management 10 SEC. 511. PERMANENT MODIFICATION TO THE ARMY NA- 11 TIONAL GUARD AND AIR NATIONAL GUARD 12 INACTIVE NATIONAL GUARD STATUTE. 13 Section 303 of title 32, United States Code, is 14 amended by adding at the end the following new sub- 15 sections: 16 ‘‘(d) Under regulations prescribed by the Secretary 17 of the Army— 18 ‘‘(1) an officer of the Army National Guard 19 who fills a vacancy in a federally recognized unit of 20 the Army National Guard may be transferred from 21 the active Army National Guard to the inactive 22 Army National Guard; 23 ‘‘(2) an officer of the Army National Guard 24 transferred to the inactive Army National Guard 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 171 •S 4638 RS pursuant to paragraph (1) may be transferred from 1 the inactive Army National Guard to the active 2 Army National Guard to fill a vacancy in a federally 3 recognized unit; 4 ‘‘(3) a warrant officer of the Army National 5 Guard who fills a vacancy in a federally recognized 6 unit of the Army National Guard may be transferred 7 from the active Army National Guard to the inactive 8 Army National Guard; and 9 ‘‘(4) a warrant officer of the Army National 10 Guard transferred to the inactive Army National 11 Guard pursuant to paragraph (3) may be trans- 12 ferred from the inactive Army National Guard to the 13 active Army National Guard to fill a vacancy in a 14 Federally recognized unit. 15 ‘‘(e) Under regulations prescribed by the Secretary 16 of the Air Force— 17 ‘‘(1) an officer of the Air National Guard who 18 fills a vacancy in a federally recognized unit of the 19 Air National Guard may be transferred from the ac- 20 tive Air National Guard to the inactive Air National 21 Guard; and 22 ‘‘(2) an officer of the Air National Guard trans- 23 ferred to the inactive Air National Guard pursuant 24 to paragraph (1) may be transferred from the inac- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 172 •S 4638 RS tive Air National Guard to the active Air National 1 Guard to fill a vacancy in a Federally recognized 2 unit.’’. 3 SEC. 512. EXPANDED AUTHORITY TO CONTINUE RESERVE 4 COMPONENT OFFICERS IN CERTAIN MILI- 5 TARY SPECIALTIES ON THE RESERVE AC- 6 TIVE-STATUS LIST. 7 (a) AUTHORITY FOR CONTINUATION ON THE RE- 8 SERVE ACTIVE-STATUS LIST.—Chapter 1409 of title 10, 9 United States Code, is amended by inserting after section 10 14701 the following new section: 11 ‘‘§ 14701a. Continuation on reserve active-status list: 12 officers in certain military specialties 13 and career tracks 14 ‘‘(a) IN GENERAL.—The Secretary of the military de- 15 partment concerned may authorize a reserve commis- 16 sioned officer in a grade above O-2 to remain on the re- 17 serve active-status list after the date otherwise provided 18 for the separation or retirement of the officer under sec- 19 tion 14505, 14506, or 14507 of this title, as applicable, 20 if the officer has a military occupational specialty, rating, 21 or specialty code in a military specialty designated pursu- 22 ant to subsection (b). 23 ‘‘(b) MILITARY SPECIALTIES.—The Secretary of a 24 military department shall designate the military specialties 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 173 •S 4638 RS in which a military occupational specialty, rating, or spe- 1 cialty code, as applicable, assigned to members of the 2 armed forces under the jurisdiction of such Secretary au- 3 thorizes the members to be eligible for continuation on the 4 reserve active-status list as provided in subsection (a). 5 ‘‘(c) DURATION OF CONTINUATION.—An officer con- 6 tinued on the reserve active-status list pursuant to this 7 section shall, if not earlier retired, transferred to the Re- 8 tired Reserve, or discharged, be separated in accordance 9 with section 14513 or 14514 of this title, as applicable, 10 on the first day of the month after the month in which 11 the officer completes 40 years of commissioned service. 12 ‘‘(d) REGULATIONS.—The Secretaries of the military 13 departments shall carry out this section in accordance 14 with regulations prescribed by the Secretary of Defense. 15 The regulations shall specify the criteria to be used by 16 the Secretaries of the military departments in designating 17 military specialties for purposes of subsection (b).’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 at the beginning of chapter 1409 of title 10, United States 20 Code, is amended by inserting after the item relating to 21 section 14701 the following new item: 22 ‘‘14701a. Continuation on reserve active-status list: officers in certain military specialties and career tracks.’’. (b) CONFORMING AMENDMENTS.—Title 10, United 23 States Code, is further amended— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 174 •S 4638 RS (1) in section 1558(b)(2)(A), by inserting 1 ‘‘14701a,’’ after ‘‘14701,’’; 2 (2) in section 14505, by inserting ‘‘or 14701a’’ 3 after ‘‘14701’’; 4 (3) in section 14506, by inserting ‘‘14701a,’’ 5 after ‘‘14701,’’; and 6 (4) in section 14507, by inserting ‘‘, 14701a,’’ 7 after ‘‘14701’’ both places it appears. 8 SEC. 513. AUTHORITY TO EXTEND MILITARY TECHNICIANS 9 UNTIL AGE 62. 10 (a) MILITARY TECHNICIAN.—Section 10216(f) of 11 title 10, United States Code, is amended by striking ‘‘60’’ 12 and inserting ‘‘62.’’ 13 (b) RETENTION ON RESERVE ACTIVE-STATUS 14 LIST.—Section 14702(b) of such title is amended by strik- 15 ing ‘‘60’’ and inserting ‘‘62’’. 16 SEC. 514. EXTENSION OF TIME PERIOD FOR TRANSFER OR 17 DISCHARGE OF CERTAIN ARMY AND AIR 18 FORCE RESERVE COMPONENT GENERAL OF- 19 FICERS. 20 Section 14314 of title 10, United States Code, is 21 amended— 22 (1) in subsection (a)— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 175 •S 4638 RS (A) by redesignating paragraphs (1), (2), 1 (3), and (4) as subparagraphs (A), (B), (C), 2 and (D), respectively; 3 (B) by striking ‘‘Within’’ and inserting 4 ‘‘(1) Except as provided in paragraph (2), with- 5 in’’; and 6 (C) by adding at the end the following new 7 paragraph: 8 ‘‘(2) For any general officer covered by paragraph (1) 9 who is released from a joint duty assignment or other non- 10 joint active-duty assignment, the Secretary concerned 11 shall complete the transfer or discharge required by para- 12 graph (1) not later than 60 days after the officer’s re- 13 lease.’’; and 14 (2) in subsection (c), by striking ‘‘subsection 15 (a)(3)’’ and inserting ‘‘subsection (a)(1)(C)’’. 16 SEC. 515. TRANSFER TO THE SPACE FORCE OF COVERED 17 SPACE FUNCTIONS OF THE AIR NATIONAL 18 GUARD OF THE UNITED STATES. 19 (a) TRANSFER OF COVERED SPACE FUNCTIONS.— 20 (1) IN GENERAL.—During the transition pe- 21 riod, the Secretary of the Air Force shall transfer to 22 the Space Force the covered space functions of the 23 Air National Guard of the United States. The trans- 24 fer shall occur without regard to section 104 of title 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 176 •S 4638 RS 32, United States Code, or section 18238 of title 10, 1 United States Code. 2 (2) PERSONNEL BILLETS LIMITATIONS.—With 3 regard to personnel billets, the statutory waiver 4 under paragraph (1) is limited to 578 personnel bil- 5 lets from across the Air National Guard to the 6 Space Force as follows: 7 (A) 33 personnel from the State of Alaska. 8 (B) 126 personnel from the State of Cali- 9 fornia. 10 (C) 119 personnel from the State of Colo- 11 rado. 12 (D) 75 personnel from the State of Flor- 13 ida. 14 (E) 130 personnel from the State of Ha- 15 waii. 16 (F) 69 personnel from the State of Ohio. 17 (G) 26 personnel assigned to Head- 18 quarters, Air National Guard 19 (b) TRANSFER OF UNITS.—Upon the transfer to the 20 Space Force of the covered space functions of a unit of 21 the Air National Guard of the United States, the Sec- 22 retary of the Air Force may— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 177 •S 4638 RS (1) change the status of the unit from a unit 1 of the Air National Guard of the United States to 2 a unit of the United States Space Force; 3 (2) deactivate the unit; or 4 (3) assign the unit a new Federal mission. 5 (c) TRANSFER OF COVERED MEMBERS.— 6 (1) OFFICERS.—During the transition period, 7 the Secretary of Defense may, with the officer’s con- 8 sent, transfer a covered officer of the Air National 9 Guard of the United States to, and appoint the offi- 10 cer in, the Space Force. 11 (2) ENLISTED MEMBERS.—During the transi- 12 tion period, the Secretary of the Air Force may 13 transfer each covered enlisted member of the Air 14 National Guard of the United States to the Space 15 Force, other than those members who do not con- 16 sent to transfer. Upon such a transfer, the trans- 17 ferred member ceases to be a member of the Air Na- 18 tional Guard of the United States and is discharged 19 from the member’s enlistment as a Reserve of the 20 Air Force. 21 (3) EFFECTIVE DATE OF TRANSFERS.—Each 22 transfer under this subsection shall be effective on 23 the date specified by the Secretary of Defense, in the 24 case of an officer, or the Secretary of the Air Force, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 178 •S 4638 RS in the case of an enlisted member, but not later than 1 the last day of the transition period. 2 (4) LIMITATIONS.—For any covered officer or 3 covered enlisted member affected by paragraphs (1) 4 or (2), each officer or member shall have— 5 (A) not less than one year from the date 6 of the enactment of this Act or the period of 7 time the Secretary concerned considers appro- 8 priate, whichever is longer, to elect to transfer 9 to the Space Force; and 10 (B) to the maximum extent practicable, 3 11 years of location stability— 12 (i) in the location where the officer or 13 member is assigned on the date the officer 14 or member elects to transfer to the Space 15 Force; and 16 (ii) commencing on the first date the 17 officer or member reports as an officer or 18 member of the Space Force. 19 (d) REGULATIONS.—Transfers under subsection (c) 20 shall be carried out under regulations prescribed by the 21 Secretary of Defense. In the case of an officer, applicable 22 regulations shall include those prescribed pursuant to sec- 23 tion 716 of title 10, United States Code. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 179 •S 4638 RS (e) TERM OF INITIAL ENLISTMENT IN THE SPACE 1 FORCE.—In the case of a covered enlisted member who 2 is transferred to the Space Force in accordance with sub- 3 section (c), the Secretary of the Air Force may accept the 4 initial enlistment of the member in the Space Force for 5 a period of less than 2 years, but only if the period of 6 enlistment in the Space Force is not less than the period 7 remaining, as of the date of the transfer, in the member’s 8 term of enlistment in a reserve component of the Air 9 Force. 10 (f) END STRENGTH ADJUSTMENTS UPON TRANS- 11 FERS FROM THE AIR NATIONAL GUARD OF THE UNITED 12 STATES.—During the transition period, upon the transfer 13 to the Space Force of a covered space function of the Air 14 National Guard of the United States, the end strength au- 15 thorized for the Space Force pursuant to section 16 115(a)(1)(A) of title 10, United States Code, for the fiscal 17 year during which the transfer occurs shall be increased 18 by the number of billets associated with that mission. 19 (g) ADMINISTRATIVE PROVISIONS.—For purposes of 20 the transfer of covered members of the Air National 21 Guard of the United States in accordance with subsection 22 (c)— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 180 •S 4638 RS (1) the Air National Guard of the United 1 States and the Space Force shall be considered to be 2 components of the same Armed Force; and 3 (2) the Space Force officer list shall be consid- 4 ered to be an active-duty list of an Armed Force. 5 (h) RETRAINING AND REASSIGNMENT FOR MEMBERS 6 NOT TRANSFERRING.—If a covered member of the Air 7 National Guard of the United States does not consent to 8 transfer to the Space Force in accordance with subsection 9 (c), the Secretary of the Air Force shall, as determined 10 appropriate by the Secretary in the case of the individual 11 member, provide the member retraining and reassignment 12 within the reserve component of the Air Force. 13 (i) PROTECTION OF RANK AND PAY.—The Secretary 14 of the Air Force shall ensure that any member of the Air 15 National Guard who joins the Space Force as a result of 16 a transfer under subsection (c) will not lose rank or pay 17 upon transferring to the Space Force. 18 (j) SPACE FORCE UNITS IN AFFECTED STATES.— 19 In order to reduce the cost of transferring to the Space 20 Force the covered space functions of the Air National 21 Guard of the United States, and to reduce the impact of 22 such transfer on the affected State, the following provi- 23 sions apply: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 181 •S 4638 RS (1) Except as provided in paragraph (2), after 1 a covered space function is transferred to the Space 2 Force from the Air National Guard of the United 3 States, the Space Force shall continue to perform 4 the covered space function within the affected State 5 for a period of not less than 10 years following the 6 effective date of such transfer. 7 (2) Except when the Secretary of the Air Force 8 determines that it would not be in the best interests 9 of the United States, the Secretary may not move 10 the Space Force unit, equipment, or billets associ- 11 ated with the covered space function out of the af- 12 fected State during the 10-year period following the 13 transfer of such unit, equipment, or billets into the 14 Space Force until— 15 (A) the Secretary of the Air Force has no- 16 tified the congressional defense committees of 17 the details of such move and provided an expla- 18 nation regarding why the move is necessary to 19 support the National Defense Strategy; and 20 (B) a period of 120 days has elapsed after 21 the notification has been received by those com- 22 mittees. 23 (3) Except when the Secretary of the Air Force 24 determines that it would not be in the best interests 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 182 •S 4638 RS of the United States, the Secretary shall seek to 1 enter into an agreement with the governor of an af- 2 fected State, to provide for the Space Force to be- 3 come a tenant organization on an installation of the 4 National Guard of the affected State at which a cov- 5 ered space function was executed. 6 (k) DEFINITIONS.—In this section: 7 (1) AFFECTED STATE.—The term ‘‘affected 8 State’’ means the States of Alaska, California, Colo- 9 rado, Florida, Hawaii, and Ohio; 10 (2) COVERED MEMBER.—The term ‘‘covered 11 member’’, with respect to a member of the Air Na- 12 tional Guard of the United States, has the meaning 13 given the term in section 1733(g) of the National 14 Defense Authorization Act for Fiscal Year 2024 15 (Public Law 118–31; 137 Stat. 676); 16 (3) COVERED SPACE FUNCTIONS OF THE AIR 17 NATIONAL GUARD OF THE UNITED STATES.—The 18 term ‘‘covered space functions of the Air National 19 Guard of the United States’’ means the following 20 units of the Air National Guard of the United States 21 associated with the performance of a space-related 22 function, including their personnel, equipment, and 23 resources: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 183 •S 4638 RS (A) 213th Space Warning Squadron, Alas- 1 ka Air National Guard. 2 (B) 148th Space Operations Squadron, 3 California Air National Guard. 4 (C) 216th Electromagnetic Warfare 5 Squadron, California Air National Guard. 6 (D) 137th Space Warning Squadron, Colo- 7 rado Air National Guard. 8 (E) 138th Electromagnetic Warfare 9 Squadron, Colorado Air National Guard. 10 (F) 114th Electromagnetic Warfare 11 Squadron, Florida Air National Guard. 12 (G) 150th Electromagnetic Warfare 13 Squadron, Hawaii Air National Guard. 14 (H) 109th Electromagnetic Warfare 15 Squadron, Hawaii Air National Guard. 16 (I) 126th Intelligence Squadron, Ohio Air 17 National Guard. 18 (4) TRANSITION PERIOD.—The term ‘‘transi- 19 tion period’’ means the period beginning on the date 20 of the enactment of this Act and ending on the last 21 day of the eighth fiscal year beginning after the date 22 of the enactment of this Act. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 184 •S 4638 RS SEC. 516. REPORT ON EFFECT OF AIR NATIONAL GUARD 1 UNIT LEVELING. 2 (a) IN GENERAL.—The Chief of the National Guard 3 Bureau may allow an exemption for any of the 50 states 4 and the District of Columbia to leveling of full-time per- 5 sonnel to Air National Guard Units, should a state request 6 one, for at least one-year. 7 (b) REPORT.—For any Air National Guard unit 8 granted an exemption under section (a), not more than 9 60 days prior to implementation of such leveling, including 10 through the conversion of Active Guard and Reserve to 11 Dual-Status Technicians, the Chief of the National Guard 12 Bureau shall submit to the Committees on Armed Services 13 of the Senate and the House of Representatives a report 14 with the following elements: 15 (1) A description of projected changes to the 16 unit, including number of status conversions and 17 changes to personnel numbers. 18 (2) A description of the operational impact of 19 the State’s Guard mission. 20 (3) A description of the end strength require- 21 ments that justify such an initiative. 22 (4) Recommendations for any increase to end 23 strength necessary to offset this requirement. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 185 •S 4638 RS (b) FORM.—The report required under subsection (b) 1 may be submitted in unclassified form with a classified 2 annex. 3 Subtitle C—General Service 4 Authorities and Military Records 5 SEC. 521. MARINE CORPS DEPUTY COMMANDANTS. 6 Section 8045 of title 10, United States Code, is 7 amended by striking ‘‘not more than seven Deputy Com- 8 mandants’’ and inserting ‘‘not more than eight Deputy 9 Commandants’’. 10 SEC. 522. TREATMENT OF VETERANS WHO DID NOT REG- 11 ISTER FOR THE SELECTIVE SERVICE. 12 Section 3328 of title 5, United States Code, is 13 amended by— 14 (1) in subsection (a)(1), by striking ‘‘(50 15 U.S.C. App. 453)’’ and inserting ‘‘(50 U.S.C. 16 3802)’’; 17 (2) redesignating subsection (b) as subsection 18 (c); 19 (3) by inserting after subsection (a) the fol- 20 lowing new subsection: 21 ‘‘(b) Subsection (a) shall not apply to an individual— 22 ‘‘(1) who is a veteran; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 186 •S 4638 RS ‘‘(2) who provides evidence of active duty serv- 1 ice to the Executive agency in which the individual 2 seeks an appointment; and 3 ‘‘(3) for whom the requirement to register 4 under section 3 of the Military Selective Service Act 5 (50 U.S.C. 3802) has terminated or is now inappli- 6 cable due to age.’’; and 7 (4) by adding at the end the following new sub- 8 section: 9 ‘‘(d) In this section, the terms ‘active duty’ and ‘vet- 10 eran’ have the meaning given those terms in section 101 11 of title 38.’’. 12 SEC. 523. SELECTIVE SERVICE DIRECTOR APPOINTMENT 13 SUBJECT TO SENATE CONFIRMATION. 14 (a) IN GENERAL.—Section 10(a)(3) of the Military 15 Selective Service Act of 1948 (50 U.S.C. 3809(a)(3)) is 16 amended by inserting ‘‘with the advice and consent of the 17 Senate’’ after ‘‘The Director shall be appointed by the 18 President’’. 19 (b) EFFECTIVE DATE.—The amendment made by 20 subsection (a) shall take effect sixty (60) days after the 21 date of enactment of this Act and apply to appointments 22 made on and after such effective date. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 187 •S 4638 RS SEC. 524. CONTINUITY OF COVERAGE UNDER CERTAIN 1 PROVISIONS OF TITLE 18, UNITED STATES 2 CODE. 3 (a) SECTION 202.—Section 202(a) of title 18, United 4 States Code, is amended— 5 (1) in the third sentence, by inserting ‘‘an offi- 6 cer of the Space Force not serving on sustained duty 7 pursuant to section 20105 of title 10,’’ after ‘‘of the 8 Armed Forces,’’; and 9 (2) in the fourth and fifth sentences, by strik- 10 ing ‘‘A Reserve’’ and all that follows through ‘‘who 11 is’’ and inserting ‘‘Such an officer who is’’. 12 (b) SECTION 209.—Section 209(h) of such title is 13 amended by inserting ‘‘, or a member of the Space Force,’’ 14 after ‘‘a member of the reserve components of the armed 15 forces’’. 16 (c) CROSS-REFERENCE AMENDMENT.—Section 17 202(a) of such title, as amended by subsection (a), is fur- 18 ther amended by striking ‘‘section 29(c) and (d) of the 19 Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) 20 and (d))’’ and inserting ‘‘sections 502, 2105(d), and 5534 21 of title 5’’. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 188 •S 4638 RS SEC. 525. TECHNICAL AND CONFORMING AMENDMENTS RE- 1 LATED TO THE SPACE FORCE. 2 (a) APPOINTMENT OF CHAIRMAN; GRADE AND 3 RANK.—Section 152(c) of title 10, United States Code, 4 is amended— 5 (1) by striking ‘‘general, in the case’’ and in- 6 serting ‘‘general or, in the case’’; and 7 (2) by striking ‘‘or, in the case of an officer of 8 the Space Force, the equivalent grade,’’. 9 (b) JOINT REQUIREMENTS OVERSIGHT COUNCIL.— 10 Section 181(c)(1)(F) of such title is amended by striking 11 ‘‘in the grade equivalent to the grade of general in the 12 Army, Air Force, or Marine Corps, or admiral in the 13 Navy’’ and inserting ‘‘in the grade of general’’. 14 (c) ORIGINAL APPOINTMENTS OF COMMISSIONED 15 OFFICERS.— 16 (1) APPOINTMENTS.—.Section 531(a) of such 17 title is amended— 18 (A) in paragraph (1), by striking ‘‘and 19 Regular Marine Corps in the grades of ensign, 20 lieutenant (junior grade), and lieutenant in the 21 Regular Navy, and in the equivalent grades in 22 the Space Force’’ and inserting ‘‘Regular Ma- 23 rine Corps, and Space Force, and in the grades 24 of ensign, lieutenant (junior grade), and lieu- 25 tenant in the Regular Navy’’; and 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 189 •S 4638 RS (B) in paragraph (2), by striking ‘‘and 1 Regular Marine Corps in the grades of lieuten- 2 ant commander, commander, and captain in the 3 Regular Navy, and in the equivalent grades in 4 the Space Force’’ and inserting ‘‘Regular Ma- 5 rine Corps, and Space Force, and in the grades 6 of lieutenant commander, commander, and cap- 7 tain in the Regular Navy’’. 8 (2) SERVICE CREDIT UPON ORIGINAL APPOINT- 9 MENT AS A COMMISSIONED OFFICER.—Section 10 533(b)(2) of such title is amended— 11 (A) by striking ‘‘, or Marine Corps’’ and 12 inserting ‘‘Marine Corps, or Space Force or’’; 13 and 14 (B) by striking ‘‘, or an equivalent grade 15 in the Space Force’’. 16 (d) SELECTION BOARDS.— 17 (1) CONVENING OF SELECTION BOARDS.—Sec- 18 tion 611(a) of such title is amended by striking ‘‘or 19 Marine Corps’’ and inserting ‘‘Marine Corps, or 20 Space Force’’. 21 (2) JQO MEMBER REQUIRED FOR BOARDS TO 22 CONSIDER OFFICERS WHO ARE JOINT QUALIFIED 23 OFFICERS.—Subsection (c)(3)(A) of section 612 of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 190 •S 4638 RS such title is amended by inserting ‘‘or the Space 1 Force’’ after ‘‘of the Marine Corps’’. 2 (3) SPECIAL SELECTION REVIEW BOARDS.— 3 Section 628a(a)(1)(A) of such title is amended by 4 striking ‘‘or rear admiral in the Navy’’ and inserting 5 ‘‘, rear admiral in the Navy, or an equivalent grade 6 in the Space Force’’. 7 (e) PROMOTION ZONE DEFINITION.—Section 8 645(1)(A) of title 10, United States Code, is amended by 9 striking ‘‘and Marine Corps,’’ both places it appears and 10 inserting ‘‘Marine Corps, and Space Force,’’. 11 (f) RETIRED GRADE.— 12 (1) REGULAR COMMISSIONED OFFICERS.—Sec- 13 tion 1370 of such title is amended in subsection (g) 14 by striking ‘‘or Marine Corps, rear admiral in the 15 Navy, or an equivalent grade in the Space Force’’ 16 and inserting ‘‘Marine Corps, or Space Force, or 17 rear admiral in the Navy’’. 18 (2) OFFICERS ENTITLED TO RETIRED PAY FOR 19 NON-REGULAR SERVICE.—Section 1370a of such 20 title is amended— 21 (A) in subsection (d)(1), by striking ‘‘or 22 Marine Corps’’ both places it appears and in- 23 serting ‘‘Marine Corps, or Space Force’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 191 •S 4638 RS (B) in subsection (h), by striking ‘‘or Ma- 1 rine Corps’’ and inserting ‘‘Marine Corps, or 2 Space Force’’. 3 (g) FINANCIAL ASSISTANCE PROGRAM FOR SPE- 4 CIALLY SELECTED MEMBERS.—Section 2107 of such title 5 is amended— 6 (1) in subsection (a) by striking ‘‘Marine Corps, 7 as the case may be’’ and inserting ‘‘Marine Corps, 8 or Space Force, as the case may be’’; and 9 (2) in subsection (d) by striking ‘‘lieutenant, 10 ensign, or an equivalent grade in the Space Force,’’ 11 and inserting ‘‘lieutenant or ensign,’’. 12 (h) DESIGNATION OF SPACE SYSTEMS COMMAND AS 13 A FIELD COMMAND OF THE UNITED STATES SPACE 14 FORCE.—Section 9016(b)(6)(B)(iv)(II) of such title is 15 amended by striking ‘‘Space and Missile Systems Center’’ 16 and inserting ‘‘Space Systems Command’’. 17 (i) CHIEF OF SPACE OPERATIONS.—Section 9082 of 18 such title is amended— 19 (1) in subsection (a), by striking ‘‘, flag, or 20 equivalent’’ each place it appears; and 21 (2) in subsection (b), by striking ‘‘grade in the 22 Space Force equivalent to the grade of general in 23 the Army, Air Force, and Marine Corps, or admiral 24 in the Navy’’ and inserting ‘‘grade of general’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 192 •S 4638 RS (j) AWARDS AND DECORATIONS.— 1 (1) DISTINGUISHED FLYING CROSS.—Section 2 9279(a) of such title is amended– 3 (A) by adding ‘‘or Space Force’’ after ‘‘Air 4 Force’’; and 5 (B) by adding ‘‘or space’’ after ‘‘aerial’’. 6 (2) AIRMAN’S MEDAL.—Section 9280(a)(1) of 7 such title is amended by adding ‘‘or Space Force’’ 8 after ‘‘Air Force’’. 9 (k) UNITED STATES AIR FORCE INSTITUTE OF 10 TECHNOLOGY.—Section 9414b(a)(2)(B) of such title is 11 amended by striking ‘‘or the equivalent grade in the Space 12 Force’’. 13 (l) TITLE OF CHIEF MASTER SERGEANT OF THE 14 SPACE FORCE.— 15 (1) RETIRED BASE PAY.—Section 16 1406(i)(3)(B)(v) of title 10, United States Code, is 17 amended by striking ‘‘The senior enlisted advisor of 18 the Space Force’’ and inserting ‘‘Chief Master Ser- 19 geant of the Space Force’’. 20 (2) BASIC PAY RATE.—Footnote 2 of the table 21 titled ‘‘ENLISTED MEMBERS’’ in section 601(c) 22 of the John Warner National Defense Authorization 23 Act for Fiscal Year 2007 (Public Law 109–364; 37 24 U.S.C. 1009 note) is amended by striking ‘‘the sen- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 193 •S 4638 RS ior enlisted advisor of the Space Force’’ and insert- 1 ing ‘‘Chief Master Sergeant of the Space Force’’. 2 (3) PAY OF SENIOR ENLISTED MEMBERS.—Sec- 3 tion 210(c)(5) of title 37, United States Code, is 4 amended by striking ‘‘The senior enlisted advisor of 5 the Space Force’’ and inserting ‘‘The Chief Master 6 Sergeant of the Space Force’’. 7 (4) PERSONAL MONEY ALLOWANCE.—Section 8 414(b) of title 37, United States Code, is amended 9 by striking ‘‘the senior enlisted advisor of the Space 10 Force’’ and inserting ‘‘the Chief Master Sergeant of 11 the Space Force’’. 12 (m) Section 20106(d) of title 10, United States Code, 13 is amended by striking ‘‘pertaining’’. 14 (n) Section 20211(b) of such title is amended by 15 striking ‘‘20238(a)(4)(A)’’ and inserting 16 ‘‘20239(c)(4)(A)’’. 17 (o) Section 20212(a)(1) of such title is amended by 18 striking ‘‘Secretary of Air Force’’ and inserting ‘‘Sec- 19 retary of the Air Force’’. 20 (p) Section 20216(c) of such title is amended by 21 striking ‘‘20214(g)’’ and inserting ‘‘20215(g)’’. 22 (q) Section 20231 of such title is amended— 23 (1) in subsection (b)— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 194 •S 4638 RS (A) in paragraph (4) by striking 1 ‘‘20238(a)(4)’’ and inserting ‘‘20239(c)(4)’’; 2 and 3 (B) in paragraph (5) by striking ‘‘20232’’ 4 and inserting ‘‘section 20232’’; and 5 (2) in subsection (c)(2)(E), by striking ‘‘Sec- 6 retary Air Force’’ and inserting ‘‘Secretary of the 7 Air Force’’. 8 (r) Section 20234(b) of such title is amended by 9 striking ‘‘pursuant subsection (a)’’ and inserting ‘‘pursu- 10 ant to subsection (a)’’. 11 (s) Section 20239 of such title is amended— 12 (1) in subsection (c)(2) by striking ‘‘subpara- 13 graph (A)’’ and inserting ‘‘paragraph (1)’’; and 14 (2) in subsection (d)(2) by striking ‘‘subpara- 15 graph (C)(ii) of such section’’ and inserting ‘‘section 16 741(d)(4)(C)(ii)’’. 17 (t) Section 20243(a)(3) of such title is amended by 18 striking ‘‘as a’’. 19 (u) The table of sections at the beginning of sub- 20 chapter IV of chapter 2005 of such title is amended by 21 striking the second ‘‘20251’’ and inserting ‘‘20252’’. 22 (v) Section 20251 of such title is amended— 23 (1) in subsection (a) by striking ‘‘section 631’’ 24 and inserting ‘‘sections 631’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 195 •S 4638 RS (2) in subsection (a)(2) by striking ‘‘section 1 14201’’ and inserting ‘‘sections 14101’’; and 2 (3) in subsection (d)(1) by striking ‘‘14502(b)’’ 3 and inserting ‘‘14501(b). 4 (w) The second section 20251 of such title is redesig- 5 nated as section 20252. 6 (x) Section 20252 of such title, as redesignated by 7 clause (x), is amended— 8 (1) in subsection (b)— 9 (A) in paragraph (2)— 10 (i) by striking ‘‘((1)’’ and inserting 11 ‘‘(1)’’; and 12 (ii) striking ‘‘sch’’ and inserting 13 ‘‘such’’; and 14 (B) in paragraph (4), by striking ‘‘rec- 15 ommend for promotion a officer’’ and inserting 16 ‘‘recommend for promotion an officer’’; and 17 (2) in subsection (f)(2) by striking ‘‘which of 18 officer’’ and inserting ‘‘which an officer’’. 19 (y) The table of sections at the beginning of sub- 20 chapter IV of chapter 2005 of such title is amended by 21 striking ‘‘20251’’ the second place it appears and inserting 22 ‘‘20251’’. 23 (z) Section 20401(b) of such title is amended by in- 24 serting ‘‘, and’’ after ‘‘1174(b)’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 196 •S 4638 RS (aa) Section 20502 of such title is amended— 1 (1) in subsection (c), in the subsection heading, 2 by striking ‘‘THAN’’ and inserting ‘‘THAT’’; and 3 (2) in subsection (d), in the subsection heading, 4 by striking ‘‘THAN’’ and inserting ‘‘THAT’’. 5 (bb) Section 1737(b)(3)(A) of the National Defense 6 Authorization Act for Fiscal Year 2024 (Public Law 118– 7 31; 137 Stat. 678) is amended by striking ‘‘20213’’ and 8 inserting ‘‘20212’’. 9 SEC. 526. MODIFIED AUTHORITY TO PROVIDE PROTECTION 10 TO SENIOR LEADERS OF THE DEPARTMENT 11 OF DEFENSE AND OTHER SPECIFIED PER- 12 SONS. 13 (a) IN GENERAL.—Section 714 of title 10, United 14 States Code, is amended— 15 (1) in the section heading, by striking ‘‘WITHIN 16 THE UNITED STATES’’; 17 (2) in subsection (a), by striking ‘‘within the 18 United States’’; and 19 (3) in subsection (b)(1), by striking ‘‘within the 20 United States’’. 21 (b) CLERICAL AMENDMENT.—The table of sections 22 at the beginning of chapter 41 of title 10, United States 23 Code, is amended, in the item relating to section 714, by 24 striking ‘‘within the United States’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 197 •S 4638 RS SEC. 527. MODIFICATION OF PERSONS NOT QUALIFIED FOR 1 ENLISTMENT DEFINITION. 2 (a) MODIFICATION OF DEFINITION.—Section 3 504(b)(2)(B) of title 10, United States Code, is amended 4 by striking ‘‘that the person will use in the primary daily 5 duties of that person as a member of the armed forces’’ 6 and inserting ‘‘that the person will use in the duties of 7 that person as a member of the armed forces’’. 8 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 9 tion shall be construed as encouragement for the Depart- 10 ment of Defense to reestablish or expand the scope of the 11 Military Accessions Vital to National Interest (MAVNI) 12 Recruitment Pilot Program. 13 SEC. 528. IMPROVING MILITARY ADMINISTRATIVE REVIEW. 14 (a) IN GENERAL.—Section 1552(a) of title 10, 15 United States Code, is amended by amending paragraph 16 (5) to read as follows: 17 ‘‘(5) Each final decision of the board under this sub- 18 section shall be made available to the public in electronic 19 form on a centralized Internet website. The information 20 provided shall include a summary of each decision, to be 21 indexed by subject matter, except that the Secretary shall 22 protect the privacy of claimants by redacting all personally 23 identifiable information.’’. 24 (b) EFFECTIVE DATE.—The amendment made by 25 subsection (a) shall take effect on October 1, 2025. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 198 •S 4638 RS SEC. 529. COMBAT STATUS IDENTIFIER EQUIVALENT FOR 1 REMOTELY PILOTED AIRCRAFT CREW. 2 Not later than 180 days after the date of the enact- 3 ment of this Act, the Secretaries of the military depart- 4 ments shall establish a status identifier of equivalent merit 5 as a combat status identifier for remotely piloted aircraft 6 (RPA) crews who conduct combat operations. 7 SEC. 529A. MILITARY TRAINING AND COMPETENCY 8 RECORDS. 9 (a) COMPETENCY RECORDS.— 10 (1) IN GENERAL.—The Secretaries of the mili- 11 tary departments shall provide to each member of 12 the Armed Forces a document that outlines the 13 training and qualifications acquired by a member 14 while serving in the Armed Forces. Such document 15 shall be known as a ‘‘competency record’’. 16 (2) FORMAT AND CONTENTS.—The Secretary of 17 Defense shall develop a standardized format for 18 competency records, which shall include, at a min- 19 imum, the following information: 20 (A) Relevant personal details about the 21 member. 22 (B) Description of training courses, certifi- 23 cations, and qualifications obtained. 24 (C) Date and duration of each completed 25 training. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 199 •S 4638 RS (D) Authorized signatures and other nec- 1 essary authentication. 2 (3) AVAILABILITY.—Competency records shall 3 be provided to members of the Armed Forces upon 4 their separation or retirement from the Armed 5 Forces. 6 (b) IMPLEMENTATION.—Not later than one year 7 after the date of the enactment of this Act, the Secretary 8 of Defense shall establish the necessary regulations, proce- 9 dures, and timelines for the implementation of this sec- 10 tion. 11 (c) REPORT.—Not later than two years after the date 12 of the enactment of this Act, the Secretary of Defense 13 shall submit to the Committees on Armed Services of the 14 Senate and the House of Representatives a report on the 15 implementation and usefulness of the records and any rec- 16 ommendations of the Secretary for improving the records. 17 The report shall include feedback and recommendations 18 from States and other employers regarding the usability 19 and accuracy of the information in the competency 20 records. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 200 •S 4638 RS SEC. 529B. EXEMPTION OF WOMEN FORCED TO REGISTER 1 FOR DRAFT FROM REQUIREMENTS TO SERVE 2 IN COMBAT ROLES. 3 In the event that women are required to register for 4 the Selective Service System or to be automatically reg- 5 istered for the Selective Service System, women may not 6 be compelled to join combat roles that were closed to 7 women prior to December 3, 2015, to train or become 8 qualified in a combat arms military occupational specialty, 9 or to join a combat arms unit. 10 Subtitle D—Military Justice and 11 Other Legal Matters 12 SEC. 531. CONSOLIDATION OF MILITARY JUSTICE REPORT- 13 ING REQUIREMENTS FOR THE MILITARY DE- 14 PARTMENTS. 15 (a) ANNUAL REPORTS.—Section 946a(b) of title 10, 16 United States Code, is amended— 17 (1) by redesignating paragraphs (2) through 18 (5) as paragraphs (3) through (6), respectively; and 19 (2) by inserting after paragraph (1), the fol- 20 lowing new paragraph: 21 ‘‘(2) Data on the number and status of com- 22 pleted cases, including— 23 ‘‘(A) information on race, ethnicity, rank, 24 and sex demographic for the victim and the ac- 25 cused; 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 201 •S 4638 RS ‘‘(B) the enumerated offenses preferred 1 and referred; 2 ‘‘(C) the types of court-martial; and 3 ‘‘(D) the results for each case, including 4 cases that resulted in nonjudicial punishment or 5 administrative separation.’’. 6 (b) REPEAL OF DUPLICATIVE MILITARY JUSTICE 7 REPORTING REQUIREMENTS.— 8 (1) TITLE 10, UNITED STATES CODE.—Section 9 486 of title 10, United Sates Code, is repealed. 10 (2) JOHN S. MCCAIN NATIONAL DEFENSE AU- 11 THORIZATION ACT FOR FISCAL YEAR 2019.—Section 12 547 of the John S. McCain National Defense Au- 13 thorization Act for Fiscal Year 2019 (Public Law 14 115-232; 10 U.S.C. 1561 note) is repealed. 15 SEC. 532. TERM OF OFFICE FOR JUDGES OF THE COURT OF 16 MILITARY COMMISSION REVIEW. 17 (a) ESTABLISHMENT OF TERM OF OFFICE.—Section 18 950f(b)(6) of title 10, United States Code, is amended— 19 (1) by redesignating subparagraphs (A) and 20 (B) as clauses (i) and (ii), respectively; 21 (2) by striking ‘‘The term’’ and all that follows 22 through ‘‘paragraph (3)’’ and inserting the fol- 23 lowing: ‘‘(A) The term of an appellate military judge 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 202 •S 4638 RS assigned or appointed to the Court under this sub- 1 section’’; and 2 (3) by adding at the end the following new sub- 3 paragraph: 4 ‘‘(B) The term of an appellate civilian judge of the 5 Court shall expire on the date that is 10 years after the 6 date on which the judge was appointed.’’. 7 (b) EFFECTIVE DATE.— 8 (1) IN GENERAL.—The amendments made by 9 subsection (a) shall take effect on the date that is 10 180 days after the date of the enactment of this Act. 11 (2) APPLICABILITY TO EXISTING CIVILIAN 12 JUDGES.—The term of any appellate civilian judge 13 of the United States Court of Military Commission 14 Review who will have served as such a judge for a 15 period of 10 or more years as of the effective date 16 described in paragraph (1) shall expire on such ef- 17 fective date. 18 SEC. 533. AIDING THE ENEMY DEFINITION FOR PURPOSES 19 OF THE UNIFORM CODE OF MILITARY JUS- 20 TICE. 21 Section 903b(2) of title 10, United States Code (arti- 22 cle 103b(2) of the Uniform Code of Military Justice) is 23 amended by inserting ‘‘provides military education, mili- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 203 •S 4638 RS tary training, or tactical advice to,’’ after ‘‘gives intel- 1 ligence to,’’. 2 SEC. 534. PRE-REFERRAL REQUIREMENTS RELATED TO 3 SUFFICIENCY OF ADMISSIBLE EVIDENCE. 4 (a) GENERAL COURTS-MARTIAL.—Subsection (a)(2) 5 of section 834 of title 10 (article 34 of the Uniform Code 6 of Military Justice) is amended by inserting ‘‘whether the 7 admissible evidence will probably be sufficient to obtain 8 and sustain a conviction, and as to’’ after ‘‘recommenda- 9 tion to the convening authority as to’’. 10 (b) SPECIAL COURTS-MARTIAL.—Subsection (b) of 11 such section is amended by inserting ‘‘, including whether 12 the admissible evidence will probably be sufficient to ob- 13 tain and sustain a conviction’’ after ‘‘shall consult a judge 14 advocate on relevant legal issues’’. 15 (c) COURTS-MARTIAL FOR COVERED OFFENSES.— 16 Subsection (c)(1) of such section is amended— 17 (1) in subparagraph (B), by striking ‘‘; and’’ 18 and inserting a semicolon; 19 (2) in subparagraph (C), by striking the period 20 at the end and inserting ‘‘; and’’; and 21 (3) by adding at the end the following new sub- 22 paragraph: 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 204 •S 4638 RS ‘‘(D) the special trial counsel believes that 1 the admissible evidence will be probably be suf- 2 ficient to obtain and sustain a conviction;’’. 3 SEC. 535. DETAILING OF APPELLATE DEFENSE COUNSEL. 4 Section 865(b) of title 10, United States Code (article 5 65(b) of the Uniform Code of Military Justice), is amend- 6 ed— 7 (1) in paragraph (1)— 8 (A) by striking ‘‘the Judge Advocate Gen- 9 eral shall forward the record’’ and inserting the 10 following: ‘‘the Judge Advocate General shall 11 forward— 12 ‘‘(A) the record’’; 13 (B) in subparagraph (A), as designated by 14 subparagraph (A) of this paragraph, by striking 15 the period at the end and inserting ‘‘; and’’; 16 and 17 (C) by adding at the end the following new 18 subparagraph: 19 ‘‘(B) a copy of the record of trial to an ap- 20 pellate defense counsel who shall be detailed to 21 review the case and, upon request of the ac- 22 cused, to represent the accused before the 23 Court of Criminal Appeals.’’; and 24 (2) in paragraph (2)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 205 •S 4638 RS (A) in subparagraph (A)— 1 (i) in the matter preceding clause (i), 2 by striking ‘‘shall’’ and inserting ‘‘shall, 3 upon written request of the accused’’; 4 (ii) in clause (i), by striking ‘‘, upon 5 request of the accused,’’; and 6 (iii) in clause (ii), by striking ‘‘upon 7 written request of the accused,’’; and 8 (B) in subparagraph (B)— 9 (i) by striking ‘‘accused’’ and all that 10 follows through ‘‘waives’’ and inserting 11 ‘‘accused waives’’; 12 (ii) by striking ‘‘; or’’ and inserting a 13 period; and 14 (iii) by striking clause (ii). 15 SEC. 536. EXPANDED COMMAND NOTIFICATIONS TO VIC- 16 TIMS OF DOMESTIC VIOLENCE. 17 Section 549 of the National Defense Authorization 18 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 19 806b note) is amended— 20 (1) in the section heading, by striking ‘‘OF- 21 FENSE’’ and inserting ‘‘AND DOMESTIC VIO- 22 LENCE-RELATED OFFENSES’’; 23 (2) in the first sentence— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 206 •S 4638 RS (A) by inserting ‘‘, or a case of an alleged 1 domestic violence-related offense (as defined by 2 the Secretary),’’ after ‘‘of title 10, United 3 States Code)’’; and 4 (B) by striking ‘‘periodically notify the vic- 5 tim’’ and inserting ‘‘ensure that the victim (or 6 the victim’s legal counsel if so requested by the 7 victim) is periodically notified’’; and 8 (3) in the last sentence, by striking ‘‘notify the 9 victim’’ and inserting ‘‘ensure that the victim (or the 10 victim’s legal counsel if so requested by the victim) 11 is notified’’. 12 SEC. 537. REMOTE APPEARANCE BEFORE A BOARD OF IN- 13 QUIRY. 14 (a) REGULAR OFFICERS.—Section 1185 of title 10, 15 United States Code, is amended— 16 (1) in subsection (a)(3), by striking ‘‘shall be’’ 17 and inserting ‘‘subject to subsection (c), shall be’’; 18 and 19 (2) by adding at the end the following new sub- 20 section: 21 ‘‘(c) The Secretary concerned may determine that, in 22 exceptional circumstances, the appearance of an officer be- 23 fore the proceedings of a board of inquiry may be via a 24 means other than in person.’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 207 •S 4638 RS (b) RESERVE OFFICERS.—Section 14904 of title 10, 1 United States Code, is amended— 2 (1) in subsection (a)(3), by striking ‘‘shall be’’ 3 and inserting ‘‘subject to subsection (c), shall be’’; 4 and 5 (2) by adding at the end the following new sub- 6 section: 7 ‘‘(c) REMOTE APPEARANCE.—The Secretary con- 8 cerned may determine that, in exceptional circumstances, 9 the appearance of an officer before the proceedings of a 10 board of inquiry may be via a means other than in per- 11 son.’’. 12 SEC. 538. EXTENSION OF DEFENSE ADVISORY COMMITTEE 13 ON INVESTIGATION, PROSECUTION, AND DE- 14 FENSE OF SEXUAL ASSAULT IN THE ARMED 15 FORCES. 16 Section 546(f)(1) of the Carl Levin and Howard P. 17 ‘‘Buck’’ McKeon National Defense Authorization Act for 18 Fiscal Year 2015 (10 U.S.C. 1561 note) is amended by 19 striking ‘‘10 years after’’ and inserting ‘‘15 years after’’. 20 SEC. 539. REIMBURSEMENT OF EXPENSES AND PROPERTY 21 DAMAGE FOR VICTIMS OF DESIGNATED OF- 22 FENSES UNDER THE UNIFORM CODE OF MILI- 23 TARY JUSTICE. 24 (a) MILITARY CRIME VICTIMS REIMBURSEMENT.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 208 •S 4638 RS (1) IN GENERAL.—Chapter 53 of title 10, 1 United States Code, is amended by inserting after 2 section 1044f the following new section: 3 ‘‘§ 1044g. Military crime victims reimbursement 4 ‘‘(a) REIMBURSEMENT AUTHORIZED.—The Sec- 5 retary of Defense may authorize the secretaries of the 6 military departments to provide, and the secretaries of the 7 military departments may provide, payments to victims of 8 designated offenses for prescribed unreimbursed expenses 9 and property damage in accordance with the regulations 10 prescribed under subsection (b). 11 ‘‘(b) REGULATIONS.—The Secretary of Defense shall 12 prescribe regulations pursuant to which a victim of a des- 13 ignated offense may apply for and receive reimbursement 14 payments under this section. Such regulations shall pro- 15 vide— 16 ‘‘(1) that a victim of a designated offense may 17 apply to the secretary of a military department for 18 a reimbursement payment; 19 ‘‘(2) that a reimbursement payment to a victim 20 shall be for an amount determined by the Secretary 21 of a military department that is sufficient to reim- 22 burse the victim for health care expenses, travel ex- 23 penses, and expenses for property damage or loss re- 24 sulting from the designated offense, subject to such 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 209 •S 4638 RS limits as the Secretary of Defense may prescribe in 1 the regulations; 2 ‘‘(3) that a reimbursement payment may not be 3 made for any expenses for which a victim receives 4 reimbursement from other sources, including insur- 5 ance claims; 6 ‘‘(4) that the eligibility of a victim to receive 7 payments is subject to such terms, conditions, and 8 other requirements as the Secretary of Defense may 9 prescribe in the regulations; and 10 ‘‘(5) procedures for determining whether a per- 11 son qualifies as a victim for purposes of this section. 12 ‘‘(c) DEFINITIONS.—In this section: 13 ‘‘(1) The term ‘designated offense’ means— 14 ‘‘(A) an offense under section 917a (article 15 117a), section 918 (article 118), section 919 16 (article 119), section 919a (article 119a), sec- 17 tion 920 (article 120), section 920b (article 18 120b), section 920c (article 120c), section 922 19 (article 122), section 925 (article 125), section 20 928a (article 128a), section 928b (article 21 128b), or section 930 (article 130), or the 22 standalone offense of producing child pornog- 23 raphy punishable under section 934 (article 24 134) of this title; or 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 210 •S 4638 RS ‘‘(B) an attempt to commit an offense 1 specified in subparagraph (A) as punishable 2 under section 880 (article 80) of this title. 3 ‘‘(2) The term ‘victim’ means an individual who 4 has been determined pursuant to the regulations 5 prescribed by the Secretary of Defense under sub- 6 section (b) to have suffered pecuniary harm as a re- 7 sult of the commission of a designated offense for 8 which a courts-martial has rendered a guilty verdict 9 wherein the victim is named or identified in the 10 specification.’’. 11 (2) CLERICAL AMENDMENT.—The table of sec- 12 tions at the beginning of chapter 53 of title 10, 13 United States Code, is amended by inserting after 14 the item relating to section 1044f the following new 15 item: 16 ‘‘1044g. Military crime victims reimbursement.’’. (b) INITIAL REGULATIONS.—The Secretary of De- 17 fense shall prescribe regulations under section 1044g(b) 18 of title 10, United States Code, as added by subsection 19 (a), not later than one year after the date of the enactment 20 of this Act. 21 (c) APPLICABILITY.—Section 1044g of title 10, 22 United States Code, as added by subsection (a), shall only 23 apply with respect to individuals who— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 211 •S 4638 RS (1) are victims of designated offenses that occur 1 on or after the effective date of the regulations pre- 2 scribed under subsection (b) of such section 1044g; 3 and 4 (2) apply for payment after such effective date. 5 SEC. 540. REMOVAL OF MARRIAGE AS A DEFENSE TO ARTI- 6 CLE 120B OFFENSES. 7 Section 920b of title 10, United States Code (article 8 120b of the Uniform Code of Military Justice), is amend- 9 ed— 10 (1) by striking subsection (f); 11 (2) by redesignating subsections (g) and (h) as 12 subsections (f) and (g), respectively; and 13 (3) in subsection (f), as redesignated by para- 14 graph (2), by striking ‘‘not legally married to the 15 person committing the sexual act, lewd act, or use 16 of force’’. 17 SEC. 541. REMOVAL OF PERSONALLY IDENTIFYING AND 18 OTHER INFORMATION OF CERTAIN PERSONS 19 FROM THE DEPARTMENT OF DEFENSE CEN- 20 TRAL INDEX OF INVESTIGATIONS. 21 Section 545 of the William M. (Mac) Thornberry Na- 22 tional Defense Authorization Act for Fiscal Year 2021 23 (Public Law 116–283; 10 U.S.C. 1552 note) is amend- 24 ed— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 212 •S 4638 RS (1) in the section heading, by striking ‘‘INVES- 1 TIGATIVE REPORTS’’ and all that follows and in- 2 serting ‘‘THE DEPARTMENT OF DEFENSE CEN- 3 TRAL INDEX OF INVESTIGATIONS’’; 4 (2) in subsection (a)— 5 (A) in the matter preceding paragraph (1), 6 by striking ‘‘October 1, 2021’’ and inserting 7 ‘‘October 1, 2025’’; and 8 (B) by striking ‘‘removed from, the fol- 9 lowing:’’ and all that follows through the period 10 at the end of paragraph (3) and inserting ‘‘re- 11 moved from, an index item or entry in the De- 12 partment of Defense Central Index of Investiga- 13 tions.’’; 14 (3) in subsection (b), by striking ‘‘or is main- 15 tained’’ and all that follows through the period at 16 the end of paragraph (3) and inserting ‘‘or is main- 17 tained, as an item or entry in the Department of 18 Defense Central Index of Investigations.’’; and 19 (4) in subsection (c)(1)— 20 (A) in the matter preceding subparagraph 21 (A), by striking ‘‘a report, item or entry, or 22 record described in paragraphs (1) through (3) 23 of subsection (a)’’ and inserting ‘‘an index item 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 213 •S 4638 RS or entry in the Department of Defense Central 1 Index of Investigations’’; and 2 (B) in subparagraph (A), by striking ‘‘such 3 report, item or entry, or record’’ and inserting 4 ‘‘such item or entry’’. 5 SEC. 542. AUTHORITY OF SPECIAL TRIAL COUNSEL WITH 6 RESPECT TO CERTAIN OFFENSES OCCUR- 7 RING BEFORE EFFECTIVE DATE OF MILITARY 8 JUSTICE REFORMS. 9 Subsection (d) of section 824a of title 10, United 10 States Code (article 24a of the Uniform Code of Military 11 Justice), as added by section 531(c) of the National De- 12 fense Authorization Act for Fiscal Year 2024 (Public Law 13 118–31; 137 Stat. 258), is amended— 14 (1) in paragraph (1)(A), by striking ‘‘section 15 920 (article 120),’’ and inserting ‘‘section 919a (ar- 16 ticle 119a), section 920 (article 120), section 920a 17 (article 120a),’’; 18 (2) by redesignating paragraph (2) as para- 19 graph (3); 20 (3) by inserting after paragraph (2) the fol- 21 lowing new paragraph: 22 ‘‘(2) THE STANDALONE OFFENSE OF SEXUAL 23 HARASSMENT.—After January 1, 2025, a special 24 trial counsel may, at the sole and exclusive discre- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 214 •S 4638 RS tion of the special trial counsel, exercise authority 1 over the following offenses: 2 ‘‘(A) The standalone offense of sexual har- 3 assment punishable under section 934 of this 4 title (article 134) in each instance in which— 5 ‘‘(i) the offense occurs after January 6 26, 2022, and on or before January 1, 7 2025; and 8 ‘‘(ii) a formal complaint is made and 9 substantiated in accordance with regula- 10 tions prescribed by the Secretary con- 11 cerned. 12 ‘‘(B) A conspiracy to commit an offense 13 specified in subparagraph (A) as punishable 14 under section 881 of this title (article 81). 15 ‘‘(C) A solicitation to commit an offense 16 specified in subparagraph (A) as punishable 17 under section 882 of this title (article 82). 18 ‘‘(D) An attempt to commit an offense 19 specified in subparagraph (A), (B), or (C) as 20 punishable under section 880 of this title (arti- 21 cle 80).’’; and 22 (4) in paragraph (3), as redesignated by para- 23 graph (2) of this section— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 215 •S 4638 RS (A) in subparagraph (A), by inserting ‘‘or 1 (2)’’ after ‘‘paragraph (1)’’; and 2 (B) in subparagraph (B), by striking 3 ‘‘paragraph (1)’’ and inserting ‘‘subsection 4 (c)(2)(A) or paragraph (1) or (2) of this sub- 5 section’’. 6 SEC. 543. INVESTIGATIONS OF SEXUAL ASSAULTS IN THE 7 NATIONAL GUARD. 8 (a) DEFENSE ADVISORY COMMITTEE ON INVESTIGA- 9 TION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT 10 IN THE ARMED FORCES STUDY ON REPORTING AND RE- 11 PRISAL OF SEXUAL ASSAULT IN THE NATIONAL 12 GUARD.— 13 (1) IN GENERAL.—Not later than February 28, 14 2026, the Defense Advisory Committee on Investiga- 15 tion, Prosecution, and Defense of Sexual Assault in 16 the Armed Forces shall conduct a study and submit 17 to the Committees on Armed Services of the Senate 18 and the House of Representatives a report, including 19 recommendations, on the investigation and reporting 20 of sexual assault in the National Guard. 21 (2) ELEMENTS.—The study and report required 22 under paragraph (1) shall— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 216 •S 4638 RS (A) provide an overview of the processes by 1 which States investigate allegations of sexual 2 assault within the National Guard; 3 (B) assess the extent to which, and the ef- 4 fectiveness with which, the Office of Complex 5 Investigations (OCI) within the National Guard 6 Bureau provides assistance to State National 7 Guards in the investigation of such allegations; 8 and 9 (C) assess the organizational structure of 10 the Office of Complex Investigations and its au- 11 thority to investigate, describe OCI’s funding, 12 number of personnel assigned, and force mix 13 between military, civilian, and contractor per- 14 sonnel, describe OCI’s relationships with State 15 authorities, and assess whether OCI should be 16 codified in permanent law. 17 (b) TREATMENT OF ADJUTANT GENERAL FOR PUR- 18 POSES OF REPRISAL ALLEGATIONS.—The Adjutant Gen- 19 eral of a State National Guard and the Commanding Gen- 20 eral of the District of Columbia National Guard shall be 21 treated as senior Department of Defense officials for pur- 22 poses of investigations of reprisal allegations conducted by 23 the Office of Complex Investigations. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 217 •S 4638 RS SEC. 544. ANALYSIS ON THE ADVISABILITY TO REVISE MILI- 1 TARY RULE OF EVIDENCE 513. 2 (a) RECOMMENDATIONS REQUIRED.—The Joint 3 Service Committee on Military Justice shall analyze the 4 advisability of modifying rule 513 of the Military Rules 5 of Evidence (as set forth in part III of the Manual for 6 Courts-Martial) to include diagnoses of a patient and 7 treatments prescribed to a patient as confidential commu- 8 nications subject to the psychotherapist-patient privilege. 9 The Joint Service Committee on Military Justice shall 10 submit to the Committees on Armed Services of the Sen- 11 ate and the House of Representatives a report that in- 12 cludes the considerations described in subsection (b). 13 (b) CONSIDERATIONS.—In the analysis directed 14 under subsection (a), the Joint Service Committee on Mili- 15 tary Justice shall consider— 16 (1) the advisability of modifying Military Rule 17 of Evidence 513 to cover psychotherapy diagnoses 18 and treatments; and 19 (2) such other approaches to the modification 20 of Military Rule of Evidence 513 as the Committee 21 considers appropriate to address victim privacy 22 rights balanced against the rights of the accused and 23 the best interests of justice. 24 (c) REPORT.—Not later than 180 days after the date 25 of the enactment of this Act, the Joint Service Committee 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 218 •S 4638 RS on Military Justice shall submit to the Committees on 1 Armed Services of the Senate and the House of Represent- 2 atives a report that includes— 3 (1) the analysis conducted under subsection (a); 4 and 5 (2) any recommended draft legislative text that 6 sets forth all amendments and modifications to law 7 that may be needed to effectively implement such 8 recommendations. 9 Subtitle E—Member Education, 10 Training, and Transition 11 SEC. 551. IMPROVING EFFECTIVENESS OF THE FUTURE 12 SERVICEMEMBER PREPARATORY COURSE. 13 Section 546(c) of the National Defense Authorization 14 Act for Fiscal Year 2024 (Public Law 118–31) is amend- 15 ed— 16 (1) by amending paragraph (2) to read as fol- 17 lows: 18 ‘‘(2) GRADUATION REQUIREMENT.—Prior to at- 19 tending initial basic training, all enlisted persons at- 20 tending the course established under this section 21 must achieve a score on the Armed Forces Qualifica- 22 tion Test that is— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 219 •S 4638 RS ‘‘(A) at least 10 points higher than the in- 1 dividual’s most recent score taken prior to the 2 individual’s date of enlistment; or 3 ‘‘(B) no longer subject to the restrictions 4 of section 520 of title 10, United States Code.’’; 5 and 6 (2) in paragraph (3), by striking ‘‘course grad- 7 uation requirements within 180 days of enlistment’’ 8 and inserting ‘‘meaningful progress, as determined 9 by the Secretary concerned, within 90 days of enlist- 10 ment’’. 11 SEC. 552. DETERMINATION OF ACTIVE DUTY SERVICE COM- 12 MITMENT FOR RECIPIENTS OF FELLOW- 13 SHIPS, GRANTS, AND SCHOLARSHIPS. 14 Section 2603(b) of title 10, United States Code, is 15 amended by striking ‘‘three times the length of the period 16 of the education or training.’’ and inserting ‘‘determined 17 by the Secretary concerned. Notwithstanding sections 18 2004(c), 2004a(f), and 2004b(e) of this title, the service 19 obligation required under this subsection may run concur- 20 rently with any service obligations incurred under chapter 21 101 of this title in accordance with regulations established 22 by the Secretary concerned.’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 220 •S 4638 RS SEC. 553. MODERNIZING MARINE CORPS PLATOON LEAD- 1 ERS CLASS COLLEGE TUITION ASSISTANCE 2 PROGRAM TO ACCOUNT FOR INFLATION. 3 Section 16401 of title 10, United States Code, is 4 amended— 5 (1) in subsection (d), by striking ‘‘$5,200’’ and 6 inserting ‘‘$13,800’’; and 7 (2) in subsection (e)(2), by striking ‘‘1,200’’ 8 and inserting ‘‘450’’. 9 SEC. 554. MODIFICATION OF AUTHORITY TO ENGAGE IN 10 FUNDED AND UNFUNDED LAW EDUCATION 11 PROGRAMS. 12 (a) EXPANSION OF LAW EDUCATION PROGRAMS.— 13 Section 2004 of title 10, United States Code, is amend- 14 ed— 15 (1) in subsection (a)— 16 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 17 (B) by striking ‘‘doctor. No more than’’ 18 and inserting the following: ‘‘doctor. 19 ‘‘(2) Pursuant to regulations prescribed by the Sec- 20 retary concerned, the military departments may fund edu- 21 cational expenses for members of the armed forces de- 22 tailed as students at law schools. No more than twenty- 23 five officers and enlisted members from each military de- 24 partment may commence such training in any single fiscal 25 year.’’; and 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 221 •S 4638 RS (C) by adding at the end the following new 1 paragraph: 2 ‘‘(3) Pursuant to regulations prescribed by the Sec- 3 retary concerned, the military departments may also detail 4 members of the armed forces as students at law schools 5 without funding any educational expenses. Members de- 6 tailed as students pursuant to this paragraph shall not 7 count against the limitation described in paragraph (2).’’; 8 and 9 (2) in subsection (b)— 10 (A) in paragraph (1)— 11 (i) by redesignating subparagraphs 12 (A) and (B) as clauses (i) and (ii), respec- 13 tively; 14 (ii) by inserting ‘‘(A) for those mem- 15 bers detailed pursuant to subsection 16 (a)(1),’’ after ‘‘(1)’’; 17 (iii) in clause (ii), as redesignated by 18 clause (i) of this subparagraph, by adding 19 ‘‘or’’ after the semicolon; and 20 (iv) by adding at the end the following 21 new subparagraph: 22 ‘‘(B) for those members detailed pursuant to 23 subsection (a)(2) of this section, either— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 222 •S 4638 RS ‘‘(i) have served on active duty for a period 1 of not less than two years nor more than eight 2 years and be an officer in the pay grade O-3 or 3 below as of the time the training is to begin; or 4 ‘‘(ii) have served on active duty for a pe- 5 riod of not less than four years nor more than 6 ten years and be an enlisted member in the pay 7 grade of E-5, E-6, or E-7 as of the time the 8 training is to begin;’’; and 9 (B) in paragraph (3)(C), by striking ‘‘pe- 10 riod of two years’’ and inserting ‘‘period of— 11 ‘‘(i) two years for each year or part 12 thereof of legal training provided under 13 subsection (a)(1); or 14 ‘‘(ii) one year for each year or part 15 thereof of legal training provided under 16 subsection (a)(2).’’. 17 (b) CLARIFICATION OF PAY AND ALLOWANCES 18 WHILE DETAILED OR ASSIGNED AS A STUDENT FULL- 19 TIME AT A CIVILIAN INSTITUTION.—Section 502(b) of 20 title 37, United States Code, is amended by adding at the 21 end the following: ‘‘Nothing in this subsection shall be 22 construed to deprive service members detailed or assigned 23 as students full time by the Service or Department con- 24 cerned to a civilian institution to pursue a program of edu- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 223 •S 4638 RS cation that is substantially the same as programs of edu- 1 cation offered to civilians of pay and allowances to which 2 otherwise entitled by law or Departmental regulations.’’. 3 SEC. 555. DISTANCE EDUCATION OPTION FOR PROFES- 4 SIONAL MILITARY EDUCATION. 5 Section 2154 of title 10, United States Code, is 6 amended by adding at the end the following new sub- 7 section: 8 ‘‘(c) DISTANCE EDUCATION.—(1) Any distance edu- 9 cation programs for professional military education that 10 may be offered by any of the military services to satisfy 11 Phase I or Phase II instruction under subsection (a) shall 12 include a pathway or pathways for students to fully com- 13 plete the course of instruction while physically separated 14 from the course instructors and without any in-person at- 15 tendance required to graduate from such programs. 16 ‘‘(2) In this subsection, the term ‘distance education’ 17 has the meaning given the term in section 103(7) of the 18 Higher Education Act of 1965 (20 U.S.C. 1003(7)).’’. 19 SEC. 556. EXTENSION OF TROOPS-TO-TEACHERS PROGRAM 20 EXTENSION; PROHIBITION ON TRAVEL UNTIL 21 REINSTATED. 22 (a) EXTENSION.—Section 1154 of title 10, United 23 States Code, is amended— 24 (1) in subsection (e)(3)(C)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 224 •S 4638 RS (A) in clause (i), by striking ‘‘5,000’’ and 1 inserting ‘‘3,000’’; and 2 (B) by striking clause (iii) and redesig- 3 nating clause (iv) as clause (iii); and 4 (2) in subsection (k), by striking ‘‘2027’’ and 5 inserting ‘‘2029’’. 6 (b) LIMITATION ON OFFICE OF THE SECRETARY OF 7 DEFENSE TRAVEL SPENDING UNTIL REINSTATEMENT.— 8 Of the amounts authorized to be appropriated by this Act 9 for fiscal year 2025 for operation and maintenance, De- 10 fense-wide, and available for the Office of the Secretary 11 of Defense for travel expenses, not more than 50 percent 12 may be obligated or expended until the date that is 15 13 days after the date on which the Secretary notifies the 14 Committees on Armed Services of the Senate and the 15 House of Representatives that the Department of Defense 16 is in compliance with subsection (b) of section 1154 of 17 title 10, United States Code. 18 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 225 •S 4638 RS SEC. 557. INCLUSION OF SPACE FORCE PROFESSIONAL 1 MILITARY EDUCATION PROGRAMS IN DEFINI- 2 TIONS OF SENIOR AND INTERMEDIATE 3 LEVEL SERVICE SCHOOLS AND AS COVERED 4 PROGRAMS FOR COPYRIGHT PURPOSES. 5 (a) JOINT PROFESSIONAL MILITARY EDUCATION.— 6 Section 2151(b) of title 10, United States Code, is amend- 7 ed— 8 (1) by adding at the end of paragraph (1) the 9 following new subparagraph: 10 ‘‘(E) the Space Force Senior Level Edu- 11 cation Program.’’; and 12 (2) by adding at the end of paragraph (2) the 13 following new subparagraph: 14 ‘‘(E) the Space Force Intermediate Level 15 Education Program.’’. 16 (b) BUDGET REQUESTS FOR PROFESSIONAL MILI- 17 TARY EDUCATION.—Section 2162(d) of such title is 18 amended by adding at the end the following new para- 19 graphs: 20 ‘‘(9) The Space Force Senior Level Education 21 Program. 22 ‘‘(10) The Space Force Intermediate Level 23 Education Program.’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 226 •S 4638 RS (c) COPYRIGHT STATUS OF CERTAIN WORKS PRO- 1 DUCED BY CIVILIAN FACULTY OF SPACE FORCE EDU- 2 CATION PROGRAMS.— 3 (1) INCLUSION OF SPACE FORCE EDUCATION 4 PROGRAMS IN COVERAGE OF CIVILIAN FACULTY OF 5 DEPARTMENT OF DEFENSE EDUCATIONAL INSTITU- 6 TIONS.—Section 105 (d) (2) of title 17, United 7 States Code, is amended— 8 (A) in the matter preceding subparagraph 9 (A), by striking ‘‘institution’’ and inserting 10 ‘‘Department of Defense institution or pro- 11 gram’’; 12 (B) by striking subparagraph (L) and both 13 subparagraphs (M); 14 (C) by redesignating subparagraph (K) as 15 subparagraph (M); and 16 (D) by inserting after subparagraph (J) 17 the following new subparagraphs: 18 ‘‘(K) Space Force Senior Level Education 19 program. 20 ‘‘(L) Space Force Intermediate Level Edu- 21 cation Program.’’. 22 (2) CONFORMING AND CLARIFYING AMEND- 23 MENTS.—Subsection (c) of such section is amend- 24 ed— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 227 •S 4638 RS (A) in paragraph (1), by striking ‘‘covered 1 institution described in subparagraphs (A) 2 through (L) of subsection (d)(2)’’ and inserting 3 ‘‘covered Department of Defense institution or 4 program’’; 5 (B) by redesignating paragraph (2) as 6 paragraph (4); 7 (C) by inserting after paragraph (1) the 8 following new paragraphs: 9 ‘‘(2) SECRETARY OF HOMELAND SECURITY AU- 10 THORITY.—With respect to a covered author who 11 produces a covered work in the course of employ- 12 ment at the United States Coast Guard Academy, 13 the Secretary of Homeland Security may direct the 14 covered author to provide the Federal Government 15 with an irrevocable, royalty-free, worldwide, non- 16 exclusive license to reproduce, distribute, perform, or 17 display such covered work for purposes of the 18 United States Government. 19 ‘‘(3) SECRETARY OF TRANSPORTATION AU- 20 THORITY.—With respect to a covered author who 21 produces a covered work in the course of employ- 22 ment at the United States Merchant Marine Acad- 23 emy, the Secretary of Transportation may direct the 24 covered author to provide the Federal Government 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 228 •S 4638 RS with an irrevocable, royalty-free, worldwide, non- 1 exclusive license to reproduce, distribute, perform, or 2 display such covered work for purposes of the 3 United States Government.’’; and 4 (D) in paragraph (4), as redesignated by 5 subparagraph (B), by striking ‘‘the covered in- 6 stitution described in subsection (d)(2)(M)’’ and 7 inserting ‘‘the National Intelligence Univer- 8 sity’’. 9 (3) REPEAL OF UNUSED DEFINITION.—Sub- 10 section (d) of such section is further amended— 11 (A) by striking paragraph (3); and 12 (B) by redesignating paragraph (4) as 13 paragraph (3). 14 SEC. 558. OPT-OUT SHARING OF INFORMATION ON MEM- 15 BERS RETIRING OR SEPARATING FROM THE 16 ARMED FORCES WITH COMMUNITY-BASED 17 ORGANIZATIONS AND RELATED ENTITIES. 18 Section 570F of the National Defense Authorization 19 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 20 1142 note) is amended— 21 (1) in subsection (c)— 22 (A) by striking ‘‘out the form to indicate 23 an email address’’ and inserting the following: 24 ‘‘out the form to indicate— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 229 •S 4638 RS ‘‘(1) an email address; and’’; and 1 (B) by adding at the end the following new 2 paragraph: 3 ‘‘(2) if the individual would like to opt-out of 4 the transmittal of the individual’s information to 5 and through a State veterans agency as described in 6 subsection (a).’’; and 7 (2) by amending subsection (d) to read as fol- 8 lows: 9 ‘‘(d) OPT-OUT OF INFORMATION SHARING.—Infor- 10 mation on an individual shall be transmitted to and 11 through a State veterans agency as described in subsection 12 (a) unless the individual indicates pursuant to subsection 13 (c)(2) that the individual would like to opt out of such 14 transmittal.’’. 15 SEC. 559. REQUIRED CONSTITUTIONAL LAW TRAINING. 16 (a) IN GENERAL.—Beginning not later than 180 17 days after the date of the enactment of this Act, the Sec- 18 retary of Defense shall ensure that all newly commissioned 19 officers of the Armed Forces receive training on the Con- 20 stitution of the United States prior to reporting to their 21 first operational assignment. 22 (b) ELEMENTS.—The training required under sub- 23 section (a) shall include— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 230 •S 4638 RS (1) education on the centrality of the Constitu- 1 tion to the commitment officers make to serve in the 2 Armed Forces; 3 (2) emphasis on the loyalty of officers to the 4 Constitution; and 5 (3) instruction on the importance of, and basis 6 for, civilian control over the military. 7 SEC. 560. INFORMATION ON NOMINATIONS AND APPLICA- 8 TIONS FOR MILITARY SERVICE ACADEMIES. 9 Section 575 of the William M. (Mac) Thornberry Na- 10 tional Defense Authorization Act for Fiscal Year 2021 11 (Public Law 116–283; 10 U.S.C. 7442 note) is amended 12 by striking ‘‘Not later than two years after the date of 13 the enactment of this Act’’ and inserting ‘‘Not later than 14 December 31, 2026’’. 15 SEC. 561. IMPROVEMENTS TO FINANCIAL LITERACY TRAIN- 16 ING. 17 (a) IN GENERAL.—Subsection (a) of section 992 of 18 title 10, United States Code, is amended— 19 (1) in paragraph (2)— 20 (A) in subparagraph (C), by striking 21 ‘‘grade E–4’’ and inserting ‘‘grade E–6’’; 22 (B) by striking subparagraph (D); and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 231 •S 4638 RS (C) by redesignating subparagraphs (E) 1 through (K) as subparagraphs (D) through (J), 2 respectively; and 3 (2) by adding at the end the following new 4 paragraph: 5 ‘‘(5) In carrying out the program to provide training 6 under this subsection, the Secretary concerned shall— 7 ‘‘(A) use a curriculum across all military de- 8 partments for such training that— 9 ‘‘(i) focuses on ensuring that members of 10 the armed forces who receive such training de- 11 velop proficiency in financial literacy; 12 ‘‘(ii) is based on best practices of the Fi- 13 nancial Literacy Education Commission estab- 14 lished under section 513 of the Financial Lit- 15 eracy and Education Improvement Act (20 16 U.S.C. 9702); and 17 ‘‘(iii) is designed to address the needs of 18 members and their families; 19 ‘‘(B) ensure that such training— 20 ‘‘(i) is conducted by a financial services 21 counselor who is qualified as described in para- 22 graph (3) of subsection (b) or by other means 23 as described in paragraph (2)(A)(ii) of that 24 subsection; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 232 •S 4638 RS ‘‘(ii) is provided, to the extent practicable 1 and in a manner that does not harm mission 2 readiness— 3 ‘‘(I) in a class held in person with 4 fewer than 100 attendees; or 5 ‘‘(II) one-on-one between the member 6 and a financial services counselor or a 7 qualified representative described in sub- 8 section (b)(2)(A); and 9 ‘‘(iii) is provided using computer-based 10 methods only if methods described in clause (ii) 11 are impractical, unaffordable, or unavailable; 12 and 13 ‘‘(C) ensure that— 14 ‘‘(i) an in-person class described in sub- 15 paragraph (B)(i)(I) is available to the spouse of 16 a member; and 17 ‘‘(ii) if a spouse of a member is unable to 18 attend such a class in person— 19 ‘‘(I) training is available to the spouse 20 through an online program managed by 21 the Department of Defense; and 22 ‘‘(II) the member is informed during 23 the in-person training of the member 24 under subparagraph (B)(i) with respect to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 233 •S 4638 RS how the member’s spouse can access the 1 training.’’. 2 (b) PROVISION OF RETIREMENT INFORMATION.— 3 Such section is further amended— 4 (1) by redesignating subsections (d) and (e) as 5 subsections (e) and (f), respectively; and 6 (2) by inserting after subsection (c) the fol- 7 lowing new subsection (d): 8 ‘‘(d) PROVISION OF RETIREMENT INFORMATION.—In 9 each training under subsection (a) and in each meeting 10 to provide counseling under subsection (b), a member of 11 the armed forces shall be provided with— 12 ‘‘(1) all forms relating to retirement that are 13 relevant to the member, including with respect to the 14 Thrift Savings Plan; 15 ‘‘(2) information with respect to how to find ad- 16 ditional information; and 17 ‘‘(3) contact information for counselors pro- 18 vided through the Personal Financial Counselor pro- 19 gram, the Personal Financial Management program, 20 or online programs managed by the Department of 21 Defense.’’. 22 (c) REPORT ON EFFECTIVENESS OF FINANCIAL 23 SERVICES COUNSELING.— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 234 •S 4638 RS (1) IN GENERAL.—Not later than 3 years after 1 the date of the enactment of this Act, the Secretary 2 of Defense shall submit to the congressional defense 3 committees a report on financial literacy training 4 and financial services counseling provided under sec- 5 tion 992 of title 10, United States Code, as amended 6 by this section, that assesses— 7 (A) the effectiveness of such training and 8 counseling,; and 9 (B) whether additional training or coun- 10 seling is necessary for enlisted members of the 11 Armed Forces or for officers. 12 (2) FOLLOW-ON REPORT.—Not later than 6 13 years after the date of the enactment of this Act, the 14 Secretary shall submit to the congressional defense 15 committees a report on the efforts of the Depart- 16 ment of Defense to address any concerns raised in 17 the report required by paragraph (1). 18 Subtitle F—Military Family Readi- 19 ness and Dependents’ Education 20 PART I—DEPENDENTS’ EDUCATION 21 SEC. 571. ADVISORY COMMITTEES FOR DEPARTMENT OF 22 DEFENSE DOMESTIC DEPENDENTS SCHOOLS. 23 Section 2164(d) of title 10, United States Code, is 24 amended to read as follows: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 235 •S 4638 RS ‘‘(d) SCHOOL ADVISORY COMMITTEES.—(1) The Sec- 1 retary of Defense, acting through the Director of the De- 2 partment of Defense Education Activity, shall provide for 3 the establishment of an advisory committee for each De- 4 partment of Defense elementary or secondary school es- 5 tablished at a military installation under this section. 6 ‘‘(2) An advisory committee established under para- 7 graph (1) for a school at a military installation— 8 ‘‘(A) shall advise the principal or super- 9 intendent of the school with respect to the operation 10 of the school; 11 ‘‘(B) may make recommendations with respect 12 to curriculum and budget matters; and 13 ‘‘(C) except in the case of an advisory com- 14 mittee for a school on a military installation de- 15 scribed in paragraph (4), shall advise the com- 16 mander of the military installation with respect to 17 problems concerning the education of dependents 18 within the jurisdiction of the commander. 19 ‘‘(3)(A) The membership of each advisory committee 20 established for a school described in paragraph (1)— 21 ‘‘(i) shall include an equal number of parents of 22 students enrolled in the school and of employees 23 working at the school; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 236 •S 4638 RS ‘‘(ii) when appropriate, may include a student 1 enrolled in the school. 2 ‘‘(B) In addition to the members described in sub- 3 paragraph (A), the membership of each advisory com- 4 mittee shall include one nonvoting member designated by 5 the organization recognized as the exclusive bargaining 6 representative of the employees working at the school. 7 ‘‘(4) In the case of a military installation where there 8 is more than one school in the Department of Defense ele- 9 mentary and secondary school system, the Secretary, act- 10 ing through the Director, shall provide for the establish- 11 ment of an advisory committee for the military installation 12 to advise the commander of the military installation with 13 respect to the education of dependents. 14 ‘‘(5)(A) Except in the case of a nonvoting member 15 designated under paragraph (3)(B), members of an advi- 16 sory committee established under this subsection shall be 17 elected by individuals of voting age residing in the area 18 to be served by the advisory committee. 19 ‘‘(B) The Secretary, acting through the Director, 20 shall by regulation prescribe the qualifications for election 21 to an advisory committee established under this subsection 22 and procedures for conducting elections of members to 23 such an advisory committee. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 237 •S 4638 RS ‘‘(6) Members of an advisory committee established 1 under this subsection shall serve without pay.’’. 2 SEC. 572. EXPANSION OF ELIGIBILITY FOR VIRTUAL PRO- 3 GRAMS OPERATED BY DEPARTMENT OF DE- 4 FENSE EDUCATION ACTIVITY. 5 Section 2164(l) of title 10, United States Code, is 6 amended— 7 (1) in paragraph (1)— 8 (A) in subparagraph (A), by striking ‘‘; 9 and’’ and inserting ‘‘; or’’; and 10 (B) by striking subparagraph (B) and in- 11 serting the following new subparagraph (B): 12 ‘‘(B) is a home-schooled student.’’; and 13 (2) by striking paragraphs (2) and (3) and in- 14 serting the following new paragraph (2): 15 ‘‘(2) In this subsection, the term ‘home-schooled stu- 16 dent’ means a student in a grade equivalent to kinder- 17 garten or any of grades 1 through 12 who receives edu- 18 cational instruction at home or by other nontraditional 19 means outside of a public or private school system, either 20 all or most of the time.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 238 •S 4638 RS SEC. 573. AUTHORIZATION FOR SCHOOL MEAL PROGRAMS 1 AT DEPARTMENT OF DEFENSE DEPENDENTS 2 SCHOOLS. 3 (a) DEPARTMENT OF DEFENSE DOMESTIC DEPEND- 4 ENTS SCHOOLS.—Section 2164 of title 10, United States 5 Code, is amended by adding at the end the following new 6 subsection: 7 ‘‘(m) MEAL PROGRAMS.—(1) The Secretary of De- 8 fense may administer a meal program, consistent with 9 Federal law and standards prescribed by the Secretary of 10 Agriculture for that meal program, for students enrolled 11 in a school established under this section. 12 ‘‘(2) In this subsection, the term ‘meal program’ 13 means a program established under the Child Nutrition 14 Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. 15 Russell National School Lunch Act (42 U.S.C. 1751 et 16 seq.).’’. 17 (b) DEPARTMENT OF DEFENSE OVERSEAS DEPEND- 18 ENTS SCHOOLS.—Section 1402 of the Defense Depend- 19 ents’ Education Act of 1978 (20 U.S.C. 921) is amended 20 by adding at the end the following new subsection: 21 ‘‘(e) MEAL PROGRAMS.—The Secretary of Defense 22 may operate a meal program to provide breakfasts or 23 lunches to students attending a school of the defense de- 24 pendents’ education system.’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 239 •S 4638 RS SEC. 574. STAFFING OF DEPARTMENT OF DEFENSE EDU- 1 CATION ACTIVITY SCHOOLS TO MAINTAIN 2 MAXIMUM STUDENT-TO-TEACHER RATIOS. 3 (a) IN GENERAL.—Chapter 108 of title 10, United 4 States Code, is amended by inserting after section 2164a 5 the following new section: 6 ‘‘§ 2164b. Staffing of Department of Defense Edu- 7 cation Activity schools to maintain max- 8 imum student-to-teacher ratios 9 ‘‘(a) IN GENERAL.—The Department of Defense 10 Education Activity shall staff elementary and secondary 11 schools operated by the Activity so as to maintain, to the 12 extent practicable, student-to-teacher ratios that do not 13 exceed the maximum student-to-teacher ratios specified in 14 subsection (b). 15 ‘‘(b) MAXIMUM STUDENT-TO-TEACHER RATIOS.— 16 The maximum student-to-teacher ratios specified in this 17 subsection are the following: 18 ‘‘(1) For each of grades kindergarten through 19 3, a ratio of 18 students to 1 teacher (18:1). 20 ‘‘(2) For each of grades 4 through 12, a ratio 21 equal to the average student-to-teacher ratio for 22 such grade among all Department of Defense Edu- 23 cation Activity schools during the 2019–2020 aca- 24 demic year. 25 ‘‘(c) VARIANCES.— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 240 •S 4638 RS ‘‘(1) IN GENERAL.—The Department of De- 1 fense Education Activity may grant a temporary 2 variance to the ratios specified in subsection (b) to 3 a school operated by the Activity. 4 ‘‘(2) EFFECTIVE DATE AND DURATION OF 5 VARIANCES.—A variance granted under paragraph 6 (1)— 7 ‘‘(A) shall be effective for a period of not 8 more than one year; and 9 ‘‘(B) may not take effect until the first day 10 of the first academic year that begins on or 11 after the date that is 30 days after the Depart- 12 ment of Defense Education Activity notifies the 13 Committees on Armed Services of the Senate 14 and the House of Representatives of the vari- 15 ance. 16 ‘‘(3) CONTENTS OF NOTIFICATION.—A notifica- 17 tion submitted under paragraph (2)(B) with respect 18 to a variance granted under paragraph (1) shall in- 19 clude— 20 ‘‘(A) the name, location, and grade levels 21 for each school covered by the variance; and 22 ‘‘(B) the student-to-teacher ratios tempo- 23 rarily authorized under the variance.’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 241 •S 4638 RS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of such chapter is amended by inserting 2 after the item relating to section 2164a the following new 3 item: 4 ‘‘2164b. Staffing of Department of Defense Education Activity schools to main- tain maximum student-to-teacher ratios.’’. (c) CONFORMING REPEAL.—Section 589B of the Wil- 5 liam M. (Mac) Thornberry National Defense Authoriza- 6 tion Act for Fiscal Year 2021 (Public Law 116–283; 134 7 Stat. 3659) is repealed. 8 SEC. 575. ENROLLMENT IN DEFENSE DEPENDENTS’ EDU- 9 CATION SYSTEM OF CHILDREN OF FOREIGN 10 MILITARY MEMBERS ASSIGNED TO UNITED 11 NATIONS COMMAND. 12 Section 1404A of the Defense Dependents’ Education 13 Act of 1978 (20 U.S.C. 923a) is amended— 14 (1) in subsection (a)(2)— 15 (A) by striking ‘‘a foreign military mem- 16 ber’’ and all that follows through ‘‘Supreme’’ 17 and inserting the following: ‘‘foreign military 18 members assigned to— 19 ‘‘(A) the Supreme’’; 20 (B) by striking the period at the end and 21 inserting ‘‘; or’’; and 22 (C) by adding at the end the following new 23 subparagraph: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 242 •S 4638 RS ‘‘(B) the United Nations Command, but 1 only in a school of the defense dependents’ edu- 2 cation system in South Korea or Japan.’’; and 3 (2) in subsection (c)— 4 (A) in the subsection heading, by striking 5 ‘‘ASSIGNED’’ and all that follows through ‘‘EU- 6 ROPE’’; 7 (B) in paragraph (1)— 8 (i) in the first sentence, by striking 9 ‘‘in Mons’’ and all that follows through 10 ‘‘subsection (a)’’ and inserting ‘‘described 11 in paragraph (2) of subsection (a) to deter- 12 mine the number of children described in 13 that paragraph’’; and 14 (ii) in the second sentence, by striking 15 ‘‘the commander’’ and all that follows 16 through ‘‘Belgium’’ and inserting ‘‘the 17 commanders of the geographic combatant 18 commands with jurisdiction over the loca- 19 tions described in paragraph (2) of sub- 20 section (a)’’; and 21 (C) in paragraph (2), by striking ‘‘in 22 Mons, Belgium,’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 243 •S 4638 RS SEC. 576. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL 1 AGENCIES THAT BENEFIT DEPENDENTS OF 2 MILITARY AND CIVILIAN PERSONNEL. 3 (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL 4 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS 5 OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT 6 OF DEFENSE CIVILIAN EMPLOYEES.— 7 (1) ASSISTANCE TO SCHOOLS WITH SIGNIFI- 8 CANT NUMBERS OF MILITARY DEPENDENT STU- 9 DENTS.—Of the amount authorized to be appro- 10 priated for fiscal year 2025 by section 301 and 11 available for operation and maintenance for Defense- 12 wide activities as specified in the funding table in 13 section 4301, $50,000,000 shall be available only for 14 the purpose of providing assistance to local edu- 15 cational agencies under subsection (a) of section 572 16 of the National Defense Authorization Act for Fiscal 17 Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 18 (2) LOCAL EDUCATIONAL AGENCY DEFINED.— 19 In this subsection, the term ‘‘local educational agen- 20 cy’’ has the meaning given that term in section 21 7013(9) of the Elementary and Secondary Edu- 22 cation Act of 1965 (20 U.S.C. 7713(9)). 23 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS- 24 ABILITIES.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 244 •S 4638 RS (1) IN GENERAL.—Of the amount authorized to 1 be appropriated for fiscal year 2025 pursuant to sec- 2 tion 301 and available for operation and mainte- 3 nance for Defense-wide activities as specified in the 4 funding table in section 4301, $10,000,000 shall be 5 available for payments under section 363 of the 6 Floyd D. Spence National Defense Authorization 7 Act for Fiscal Year 2001 (as enacted into law by 8 Public Law 106–398; 114 Stat. 1654A–77; 20 9 U.S.C. 7703a). 10 (2) ADDITIONAL AMOUNT.—Of the amount au- 11 thorized to be appropriated for fiscal year 2025 pur- 12 suant to section 301 and available for operation and 13 maintenance for Defense-wide activities as specified 14 in the funding table in section 4301, $20,000,000 15 shall be available for use by the Secretary of Defense 16 to make payments to local educational agencies de- 17 termined by the Secretary to have higher concentra- 18 tions of military children with severe disabilities. 19 (3) REPORT.—Not later than March 31, 2025, 20 the Secretary shall brief the Committees on Armed 21 Services of the Senate and the House of Representa- 22 tives on the Department’s evaluation of each local 23 educational agency with higher concentrations of 24 military children with severe disabilities and subse- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 245 •S 4638 RS quent determination of the amounts of impact aid 1 each such agency shall receive. 2 SEC. 577. ELIGIBILITY OF CERTAIN DEPENDENTS FOR EN- 3 ROLLMENT IN DOMESTIC DEPENDENT ELE- 4 MENTARY AND SECONDARY SCHOOLS. 5 (a) IN GENERAL.—Chapter 108 of title 10, United 6 States Code, is amended by inserting after the item relat- 7 ing to section 2164b, as added by section 574, the fol- 8 lowing new section: 9 ‘‘§ 2164c. Eligibility of certain dependents for enroll- 10 ment in domestic dependent elementary 11 and secondary schools 12 ‘‘(a) PROGRAM AUTHORIZED.—Beginning not later 13 than 180 days after the date of the enactment of the Na- 14 tional Defense Authorization Act for Fiscal Year 2025, 15 the Secretary of Defense shall carry out a program under 16 which a dependent of a full-time, active-duty member of 17 the armed forces may enroll in a covered DODEA school 18 at the military installation to which the member is as- 19 signed, on a space-available basis as described in sub- 20 section (b), without regard to whether the member resides 21 on the installation as described in section 2164(a)(1) of 22 this title. 23 ‘‘(b) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A 24 student participating in the program under subsection (a) 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 246 •S 4638 RS may be enrolled in a covered DODEA school only if the 1 school has the capacity to accept the student, as deter- 2 mined by the Director of the Department of Defense Edu- 3 cation Activity. 4 ‘‘(c) LOCATIONS.—The Secretary shall select military 5 installations for participation in the program under sub- 6 section (a) based on— 7 ‘‘(1) the readiness needs of the Secretary of the 8 military department concerned; and 9 ‘‘(2) the capacity of the covered DODEA 10 schools located at the installation to accept addi- 11 tional students, as determined by the Director. 12 ‘‘(d) BRIEFINGS REQUIRED.— 13 ‘‘(1) IN GENERAL.—Not later than April 1, 14 2025, and annually thereafter for four years, the 15 Secretary shall brief the Committees on Armed Serv- 16 ices of the Senate and House of Representatives on 17 the program under subsection (a). 18 ‘‘(2) ELEMENTS.—Each briefing required by 19 paragraph (1) shall include the following: 20 ‘‘(A) An identification of the military in- 21 stallations participating in the program under 22 subsection (a). 23 ‘‘(B) The number of students enrolled in 24 covered DODEA schools under the program. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 247 •S 4638 RS ‘‘(e) NOTIFICATIONS OF PARTICIPATING INSTALLA- 1 TIONS.—Not later than 90 days before officially announc- 2 ing the participation of a new military installation in the 3 program under subsection (a), the Secretary shall notify 4 the Committees on Armed Services of the Senate and the 5 House of Representatives with respect to the participation 6 of the installation. 7 ‘‘(f) COVERED DODEA SCHOOL DEFINED.—In this 8 section, the term ‘covered DODEA school’ means a domes- 9 tic dependent elementary or secondary school operated by 10 the Department of Defense Education Activity that— 11 ‘‘(1) was established on or before the date of 12 the enactment of the National Defense Authoriza- 13 tion Act for Fiscal Year 2025; and 14 ‘‘(2) is located in the continental United 15 States.’’. 16 (b) CLERICAL AMENDMENT.—The table of sections 17 at the beginning of such chapter is amended by inserting 18 after the item relating to section 2164b, as added by sec- 19 tion 574, the following new item: 20 ‘‘2164c. Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools.’’. (c) CONFORMING REPEAL.—Section 589C of the Wil- 21 liam M. (Mac) Thornberry National Defense Authoriza- 22 tion Act for Fiscal Year 2021 (Public Law 116–283; 10 23 U.S.C. 2164 note) is repealed. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 248 •S 4638 RS PART II—OTHER MATTERS 1 SEC. 578. REDESIGN AND MODERNIZATION OF CHILD DE- 2 VELOPMENT PROGRAM COMPENSATION AND 3 STAFFING MODELS. 4 (a) IN GENERAL.—The Secretary of Defense, in col- 5 laboration with the Secretaries of the military depart- 6 ments, shall lead the redesign of the Department of De- 7 fense child development program compensation model and 8 the modernization of the child development program staff- 9 ing model. 10 (b) REDESIGN OF COMPENSATION MODEL.—The 11 Secretary, in collaboration with the Secretaries of the mili- 12 tary departments, shall— 13 (1) redesign child development program staff 14 compensation for positions as non-entry level, mid- 15 to-senior level classroom staff by modernizing the 16 duties and responsibilities captured in existing de- 17 scriptions for those positions to more accurately re- 18 flect current performance and expectations for the 19 positions; 20 (2) adjust compensation for higher-level pro- 21 gram management positions by modernizing the du- 22 ties and responsibilities captured in existing descrip- 23 tions for those positions to more accurately reflect 24 current performance and expectations for those posi- 25 tions; 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 249 •S 4638 RS (3) direct the Department’s personnel office to 1 make necessary adjustments to modernize the pay 2 plan for positions described in paragraphs (1) and 3 (2) to accommodate any compensation increases 4 driven by the updated descriptions for those posi- 5 tions required by paragraphs (1) and (2); and 6 (4) begin implementation of the revised descrip- 7 tions for those positions and accompanying com- 8 pensation adjustments not later than April 1, 2025, 9 subject to the availability of appropriations. 10 (c) MODERNIZATION OF STAFFING MODEL.—The 11 Secretary, in collaboration with the Secretaries of the mili- 12 tary departments, shall lead the modernization of the child 13 development program staffing model by— 14 (1) adding key positions to facilitate classroom 15 operations and provide direct support to child devel- 16 opment program staff; 17 (2) adding key positions to coordinate support 18 for children with special needs and to provide direct 19 support to the child development program staff 20 working with those children; and 21 (3) developing and implementing a five-year 22 plan to phase in modernization of the model that en- 23 sures responsible funding execution, successful im- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 250 •S 4638 RS plementation allowing for adjustments as necessary, 1 and long-term sustainable impact. 2 (d) BRIEFINGS REQUIRED.— 3 (1) INITIAL BASELINE BRIEFING.— 4 (A) IN GENERAL.—Not later than 180 5 days after the date of the enactment of this 6 Act, the Secretary, in collaboration with the 7 Secretaries of the military departments, shall 8 provide to the Committees on Armed Services 9 of the Senate and the House of Representatives 10 an initial baseline briefing that describes 11 progress, accomplishments, and the impact of 12 the redesign of the Department of Defense child 13 development program compensation model and 14 the modernization of the child development pro- 15 gram staffing model. 16 (B) ESTABLISHMENT OF DATA BASE- 17 LINE.—The briefing required by subparagraph 18 (A) shall be used to establish a data baseline. 19 (2) ANNUAL BRIEFINGS.— 20 (A) IN GENERAL.—Not later than one year 21 after providing the briefing required by para- 22 graph (1), and annually thereafter for four 23 years, the Secretary, in collaboration with the 24 Secretaries of the military departments, shall 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 251 •S 4638 RS provide to the Committees on Armed Services 1 of the Senate and the House of Representatives 2 a briefing on the progress made with respect to 3 the redesign of the Department of Defense child 4 development program compensation model and 5 the modernization of the child development pro- 6 gram staffing model. 7 (B) ELEMENTS.—Each briefing required 8 by subparagraph (A) shall include the following: 9 (i) The percentage of child develop- 10 ment program staff that are also military 11 spouses. 12 (ii) The turnover or retention rate of 13 child development program staff. 14 (iii) The utilization rate of child devel- 15 opment program child care spaces. 16 (iv) The number of child development 17 program employees who were hired during 18 the year preceding the briefing. 19 (v) The percentage of such employees 20 who resigned within their first six months 21 of employment. 22 (vi) Information on the ability to staff 23 newly constructed facilities. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 252 •S 4638 RS (vii) An assessment of the impact of 1 adding key positions to the child develop- 2 ment program staffing model under para- 3 graphs (1) and (2) of subsection (c). 4 SEC. 579. SUPPORT FOR EXPANDING EARLY CHILD CARE 5 OPTIONS FOR MEMBERS OF THE ARMED 6 FORCES AND THEIR FAMILIES. 7 (a) IN GENERAL.—The Secretary of Defense may— 8 (1) direct the Secretaries of the military depart- 9 ments to— 10 (A) use resources of the Department of 11 Defense to support eligible child care providers 12 in recruitment and retention of employees, in- 13 cluding through professional development and 14 financial incentives for such employees; and 15 (B) seek to enter into an interagency part- 16 nership with a Federal agency with the ability 17 to place national service participants and volun- 18 teers trained in education services, and in com- 19 pliance with Department of Defense child devel- 20 opment center hiring requirements, including 21 senior volunteer programs, at military child de- 22 velopment centers in accordance with applicable 23 national service laws and with all the benefits 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 253 •S 4638 RS accorded to such participants and volunteers; 1 and 2 (2) provide training and resource subsidies to 3 eligible child care providers and networks of such 4 providers. 5 (b) DEFINITIONS.—In this section: 6 (1) ELIGIBLE CHILD CARE PROVIDER.—The 7 term ‘‘eligible child care provider’’ has the meaning 8 given that term in section 658P of the Child Care 9 and Development Block Grant Act of 1990 (42 10 U.S.C. 9858n). 11 (2) MILITARY CHILD DEVELOPMENT CENTER.— 12 The term ‘‘military child development center’’ has 13 the meaning given that term in section 1800 of title 14 10, United States Code. 15 SEC. 579A. INCLUSIVE PLAYGROUND PILOT PROGRAM. 16 (a) STRATEGY REQUIRED.— 17 (1) IN GENERAL.—Not later than March 28, 18 2025, the Secretary of Defense shall submit to the 19 Committees on Armed Services of the Senate and 20 the House of Representatives a strategy for the im- 21 plementation of a military families playground pilot 22 program, to be known as the ‘‘Inclusive Playground 23 Pilot Program’’, to design, develop, and construct 24 playgrounds that directly support families enrolled in 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 254 •S 4638 RS the Exceptional Family Member Program to in- 1 crease the accessibility and inclusivity of access to 2 playgrounds on military installations. 3 (2) ELEMENTS.—The strategy required by 4 paragraph (1) shall include the following: 5 (A) A suggested governance structure for 6 the Inclusive Playground Pilot Program, includ- 7 ing— 8 (i) the suggested officials tasked with 9 oversight; 10 (ii) with respect to a governing body 11 for the program— 12 (I) an assessment of the feasi- 13 bility and advisability of the establish- 14 ment of a governing body; and 15 (II) a description of the potential 16 format of a governing body; and 17 (III) a description of the func- 18 tions and duties of a governing body 19 with respect to establishing and main- 20 taining the Inclusive Playground Pilot 21 Program; and 22 (iii) mechanisms for coordinating with 23 the military departments. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 255 •S 4638 RS (B) A list of military installations with 1 high populations of families enrolled in the Ex- 2 ceptional Family Member Program, where in- 3 clusive playgrounds would be of high utility, for 4 potential participation in the Inclusive Play- 5 ground Pilot Program. 6 (C) A description of objectives for the first 7 3 fiscal years of the Inclusive Playground Pilot 8 Program, including— 9 (i) a description of, and a rational for 10 selecting, those objectives; 11 (ii) an identification of milestones to- 12 ward achieving those objectives; and 13 (iii) metrics for evaluating success in 14 achieving those objectives. 15 (D) A description of opportunities and po- 16 tential timelines for future expansion of the In- 17 clusive Playground Program, as appropriate. 18 (E) A list of additional authorities, appro- 19 priations, or other support from Congress nec- 20 essary to ensure the success of the Inclusive 21 Playground Pilot Program. 22 (F) Any other information the Secretary 23 considers appropriate. 24 (b) ESTABLISHMENT.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 256 •S 4638 RS (1) IN GENERAL.—Not earlier than January 1, 1 2026, the Under Secretary of Defense for Personnel 2 and Readiness (in this section referred to as the 3 ‘‘Under Secretary’’) shall establish the Inclusive 4 Playground Pilot Program described in subsection 5 (a)(1). 6 (2) GOVERNING BODY.—Upon establishment of 7 the Inclusive Playground Pilot Program under para- 8 graph (1), the Secretary of Defense shall form a 9 governing body to oversee and administrate the pro- 10 gram. 11 (3) OBJECTIVE.—The objective of the Inclusive 12 Playground Program shall be to create a more acces- 13 sible and inclusive environment for military families, 14 especially families enrolled in the Exceptional Fam- 15 ily Member Program, by designing, developing, and 16 constructing inclusive playgrounds that— 17 (A) welcome children and families to de- 18 velop physically, cognitively, socially, and emo- 19 tionally; 20 (B) are accessible and ensure all children, 21 including children with visible and non-visible 22 disabilities (as defined in section 3 of the Amer- 23 icans with Disabilities Act of 1990 (42 U.S.C. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 257 •S 4638 RS 12102)), have recreational activities available; 1 and 2 (C) balance a play experience that is bene- 3 ficial to all children, including children with 4 visible and non-visible disabilities, at all stages 5 of development and at all levels of sensory en- 6 gagement. 7 (4) ADMINISTRATION.—In carrying out the In- 8 clusive Playground Pilot Program, the Under Sec- 9 retary shall— 10 (A) select not fewer than 6 military instal- 11 lations located within the States and territories 12 of the United States that have the largest com- 13 munities of families that are enrolled in the Ex- 14 ceptional Family Member Program; 15 (B) design, develop, and construct at least 16 one inclusive playground at each military instal- 17 lation selected under subparagraph (A); and 18 (C) establish policies, procedures, and 19 standards for developing and constructing inclu- 20 sive playgrounds under the Inclusive Play- 21 ground Pilot Program. 22 (5) UPGRADING EXISTING PLAYGROUNDS.—The 23 Under Secretary may carry out the requirement 24 under paragraph (4)(B) to construct an inclusive 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 258 •S 4638 RS playground at each military installation selected 1 under paragraph (4)(A) by upgrading an existing 2 playground at the installation to meet the require- 3 ments of the Inclusive Playground Pilot Program. 4 Subtitle G—Junior Officers’ 5 Training Corps 6 SEC. 581. NUMBER OF ENROLLED STUDENTS REQUIRE- 7 MENT FOR JUNIOR RESERVE OFFICERS’ 8 TRAINING CORPS UNIT PARTICIPATION. 9 Section 2031(b)(1)(A) of title 10, United States 10 Code, is amended by striking ‘‘or (ii) 100, whichever is 11 less’’ and inserting ‘‘or (ii) 50, whichever is less’’. 12 SEC. 582. WAIVER AUTHORITY FOR JUNIOR RESERVE OFFI- 13 CER’S TRAINING CORPS MINIMUM PARTICI- 14 PATION REQUIREMENT. 15 Section 2031(b) of title 10, United States Code, is 16 amended by adding at the end the following new para- 17 graph: 18 ‘‘(3) The Secretary of each military department shall 19 issue a five-year waiver for the commencement or continu- 20 ation of any Junior Reserve Officers’ Training Corps that 21 does not meet the minimum participant requirement under 22 paragraph (1)(A), provided that the program— 23 ‘‘(A) meets all criteria detailed in subpara- 24 graphs (B) through (E) of paragraph (1); 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 259 •S 4638 RS ‘‘(B) meets or exceeds tangible, merit-based fac- 1 tors for training of Junior Reserve Officers’ Train- 2 ing Corps students; and 3 ‘‘(C) fosters diversity, competition, and scho- 4 lastic achievement.’’. 5 SEC. 583. JROTC WAITING LIST. 6 Section 2031(c) of title 10, United States Code, is 7 amended— 8 (1) in paragraph (2), by striking ‘‘; and’’ and 9 inserting a semicolon; 10 (2) in paragraph (3), by striking the period at 11 the end and inserting ‘‘; and’’; and 12 (3) by adding at the end the following new 13 paragraph: 14 ‘‘(4) maintain a prioritized waiting list that in- 15 cludes all secondary educational institutions that 16 have made a request for a unit under this section 17 and have not yet been approved by the Secretary 18 concerned, and prescribe regulations describing the 19 factors to be considered in assigning priority, includ- 20 ing the length of time an institution has been wait- 21 ing for a unit.’’ 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 260 •S 4638 RS SEC. 584. NUMBER OF JUNIOR RESERVE OFFICERS’ TRAIN- 1 ING CORPS UNITS. 2 (a) IN GENERAL.—Section 2031 of title 10, United 3 States Code, is amended— 4 (1) in the first subsection designated subsection 5 (i), by striking ‘‘support not fewer than 3,400, and 6 not more than 4,000, units’’ and inserting ‘‘support 7 not fewer than 3,500, and not more than 4,100, 8 units’’; and 9 (2) by redesignating the second subsection des- 10 ignated subsection (i) as subsection (j). 11 (b) EFFECTIVE DATE.—The amendments made by 12 subsection (a) shall take effect on October 1, 2026. 13 SEC. 585. EXTENSION OF JROTC PROGRAMS TO THE JOB 14 CORPS. 15 Section 2031 of title 10, United States Code, is 16 amended— 17 (1) in subsection (a)(1), by inserting ‘‘, includ- 18 ing Job Corps centers as defined in section 147 of 19 the Workforce Innovation and Opportunity Act (29 20 U.S.C. 3197),’’ after ‘‘secondary educational institu- 21 tions’’; and 22 (2) in subsection (b)(1)(C), by inserting ‘‘, or is 23 a Job Corps center as defined in section 147 of the 24 Workforce Innovation and Opportunity Act (29 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 261 •S 4638 RS U.S.C. 3197)’’ after ‘‘military department con- 1 cerned’’. 2 Subtitle H—Decorations and Other 3 Awards, Miscellaneous Reports, 4 and Other Matters 5 SEC. 591. AUTHORITY TO AWARD OR PRESENT A DECORA- 6 TION FOLLOWING A CONGRESSIONALLY RE- 7 QUESTED REVIEW. 8 (a) IN GENERAL.—Section 1130 of title 10, United 9 States Code, is amended— 10 (1) in the section heading, by inserting ‘‘AND 11 AWARD OR PRESENTATION’’ after ‘‘FOR RE- 12 VIEW’’; 13 (2) by redesignating subsection (d) as sub- 14 section (e); and 15 (3) by inserting after subsection (c) the fol- 16 lowing: 17 ‘‘(d)(1) A decoration may be awarded or presented 18 following submission of a favorable recommendation for 19 the award or presentation under subsection (b). 20 ‘‘(2) An award or presentation under paragraph (1) 21 may not occur before the expiration of a 60-day period 22 for congressional review beginning on the date of submis- 23 sion of the favorable recommendation under subsection (b) 24 regarding the award or presentation. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 262 •S 4638 RS ‘‘(3) The authority to make an award or presentation 1 under this subsection shall apply notwithstanding any lim- 2 itation described in subsection (a).’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 for chapter 57 of title 10, United States Code, is amended 5 by striking the item relating to section 1130 and inserting 6 the following: 7 ‘‘1130. Consideration of proposals for decorations not previously submitted in timely fashion: procedures for review and award or presen- tation.’’. SEC. 592. POSTHUMOUS ADVANCEMENT OF GENERAL JOHN 8 D. LAVELLE, UNITED STATES AIR FORCE, ON 9 THE RETIRED LIST. 10 (a) ADVANCEMENT.—General John D. Lavelle, 11 United States Air Force (retired), is entitled to hold the 12 rank of lieutenant general while on the retired list of the 13 Air Force. 14 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 15 advancement of General John D. Lavelle on the retired 16 list of the Air Force under subsection (a) shall not affect 17 the retired pay or other benefits from the United States 18 to which General John D. Lavelle would have been entitled 19 based upon his military service or affect any benefits to 20 which any other person may become entitled based on his 21 military service. 22 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 23 tion shall be construed as authorizing the advancement of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 263 •S 4638 RS General John D. Lavelle to a rank higher than lieutenant 1 general. 2 SEC. 593. AUTHORIZATION FOR POSTHUMOUS AWARD OF 3 THE DISTINGUISHED SERVICE CROSS TO WIL- 4 LIAM D. OWENS FOR ACTS OF VALOR AT LA 5 FIERE BRIDGE. 6 (a) WAIVER OF TIME LIMITATIONS.—Notwith- 7 standing the time limitations specified in section 7274 of 8 title 10, United States Code, or any other time limitation 9 with respect to the awarding of certain medals to persons 10 who served in the Armed Forces, the Secretary of the 11 Army may award the Distinguished Service Cross under 12 section 7272 of such title to William D. Owens for the 13 acts of valor at La Fiere Bridge described in subsection 14 (b). 15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 16 referred to in subsection (a) are the actions of William 17 D. Owens from June 6, 1944, to June 8, 1944, at La 18 Fiere Bridge for which he was previously awarded the 19 Bronze Star Medal. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 264 •S 4638 RS Subtitle I—Enhanced Recruiting 1 Efforts 2 SEC. 595. IMPROVED ACCESS TO HIGH SCHOOL AND COL- 3 LEGE STUDENTS FOR RECRUITING. 4 (a) RECRUITING CAMPAIGNS; ACCESS TO SEC- 5 ONDARY SCHOOLS.—Section 503(c)(1)(A)(i) of chapter 31 6 of title 10, United States Code, is amended to read as 7 follows: 8 ‘‘(i) shall provide, upon request by 9 military recruiters from a military serv- 10 ice— 11 ‘‘(I) access to secondary school 12 students that is similar to the access 13 provided generally to postsecondary 14 educational institutions or to prospec- 15 tive employers of those students; and 16 ‘‘(II) facilitate not less than one 17 in-person recruitment event per aca- 18 demic year;’’. 19 (b) DENIAL OF FUNDS FOR PREVENTING MILITARY 20 RECRUITING ON CAMPUS.—Section 983(b) of title 10, 21 United States Code, is amended— 22 (1) in paragraph (2), by redesignating subpara- 23 graphs (A) and (B) as clauses (i) and (ii), respec- 24 tively; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 265 •S 4638 RS (2) by redesignating paragraphs (1) and (2) as 1 subparagraphs (A) and (B), respectively; 2 (3) in the matter preceding subparagraph (A) 3 (as so redesignated), by striking ‘‘No funds’’ and in- 4 serting ‘‘(1) No funds’’; 5 (4) in subparagraph (B), as redesignated by 6 paragraph (2)— 7 (A) in the matter preceding clause (i), as 8 redesignated by paragraph (1), by inserting 9 ‘‘(or in the case of clause (iii) previously en- 10 rolled)’’ after ‘‘enrolled’’; 11 (B) in clause (i), as so redesignated, by 12 striking ‘‘; and’’ and inserting a semicolon; 13 (C) in clause (ii), as so redesignated, by 14 striking the period at the end and inserting ‘‘; 15 and’’; and 16 (D) by adding at the end the following new 17 clause: 18 ‘‘(iii) names, addresses, electronic mail ad- 19 dresses (which shall be the electronic mail ad- 20 dresses provided by the institution, if available), 21 and telephone listings of students whose dates 22 of attendance stopped in the prior academic 23 year.’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 266 •S 4638 RS (5) by adding at the end the following new 1 paragraph: 2 ‘‘(2) An institution of higher education (including any 3 subelement of such institution) may not release the infor- 4 mation described in paragraph (1)(B) with respect to a 5 student without the prior written consent of the student 6 to release such information for the purposes of military 7 recruitment.’’. 8 (c) CONFORMING AMENDMENT.—Section 8528 of the 9 Elementary and Secondary Education Act of 1965 (20 10 U.S.C. 7908) is amended— 11 (1) by amending subsection (a) to read as fol- 12 lows: 13 ‘‘(a) POLICY.—Each local educational agency receiv- 14 ing assistance under this Act shall comply with section 15 503(c) of title 10, United States Code.’’; and 16 (2) by striking subsection (c). 17 (d) REGULATIONS.—The Secretary of Defense shall 18 prescribe regulations to carry out the amendments made 19 by subsections (a) and (b) this section. 20 SEC. 596. NATIONAL COMMISSION ON QUALITY OF LIFE 21 FOR THE ALL-VOLUNTEER ARMED FORCE. 22 (a) ESTABLISHMENT.— 23 (1) IN GENERAL.—There is established an inde- 24 pendent commission in the legislative branch to be 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 267 •S 4638 RS known as the Commission on Quality of Life for the 1 All-Volunteer Armed Force (in this section referred 2 to as the ‘‘Commission’’). 3 (2) DUTIES OF COMMISSION.—The Commission 4 shall carry out the following duties: 5 (A) Establish a framework for making an 6 objective, metrics-informed assessment of qual- 7 ity of life for members of the Armed Forces and 8 civilian employees across the Department of De- 9 fense. Such framework shall include factors re- 10 lated to compensation, morale, military families, 11 military and civilian spouse employment, bene- 12 fits, occupational health and safety, living con- 13 ditions, and any other factors that the Commis- 14 sion deems appropriate. 15 (B) Using the framework established in 16 subparagraph (A), make an initial assessment 17 of quality of life for members of the Armed 18 Forces and civilian employees across the De- 19 partment of Defense, including separate anal- 20 yses for members of the Armed Forces and ci- 21 vilians at the junior, mid-grade, and senior lev- 22 els, as well as any other relevant subpopulations 23 that the Commission deems appropriate. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 268 •S 4638 RS (C) As appropriate, make specific, measur- 1 able, actionable, realistic, and time-bound policy 2 recommendations to improve quality of life for 3 members of the Armed Forces and civilian em- 4 ployees across the Department of Defense. Such 5 recommendations shall include considerations of 6 the following factors: 7 (i) Current military personnel require- 8 ments of the Department of Defense, with 9 particular attention to critical skills spe- 10 cialties for which existing personnel poli- 11 cies are inadequate to recruit and retain 12 members of the Armed Forces to meet 13 such current requirements. 14 (ii) Current civilian personnel require- 15 ments of the Department of Defense, with 16 particular attention to critical skills spe- 17 cialties for which existing personnel poli- 18 cies are inadequate to recruit and retain 19 civilians to meet such requirements. 20 (iii) Best practices in military recruit- 21 ing, retention, talent management, and ca- 22 reer management for both the active and 23 reserve components, including Department 24 of Defense and service-specific policies re- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 269 •S 4638 RS lated to military assignments, promotion, 1 evaluation, and professional development. 2 (iv) Budget requirements, including 3 foreseeable risks and benefits of trade-offs 4 between personnel investments and invest- 5 ments in readiness, acquisitions, and re- 6 search and development in the Department 7 of Defense. 8 (D) Examine the ways in which the De- 9 partment of Defense communicates its employee 10 value proposition both to current members of 11 the Armed Forces and civilian employees and 12 also to prospective recruits and employees of 13 the Department of Defense, and make rec- 14 ommendations for improvement. 15 (E) Assess and make recommendations for 16 the Department of Defense to communicate the 17 value and benefits of military and civilian serv- 18 ice to the American public. 19 (F) Submit a comprehensive report, includ- 20 ing all of the Commission’s analysis, findings, 21 recommendations, and any legislative or regu- 22 latory proposals necessary to implement the 23 Commission’s recommendations. 24 (3) POWERS OF COMMISSION.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 270 •S 4638 RS (A) HEARINGS.—The Commission may 1 hold such hearings, sit and act at such times 2 and places, take such testimony, and receive 3 such evidence as the Commission considers ad- 4 visable to carry out its duties under this sec- 5 tion. 6 (B) INFORMATION FROM FEDERAL AGEN- 7 CIES.—The Commission may secure directly 8 from any Federal department or agency such 9 information as the Commission considers nec- 10 essary to carry out its duties under this section. 11 Upon request of the co-chairs of the Commis- 12 sion, the head of such department or agency 13 shall furnish such information to the Commis- 14 sion. 15 (C) USE OF POSTAL SERVICE.—The Com- 16 mission may use the United States mails in the 17 same manner and under the same conditions as 18 other departments and agencies of the Federal 19 Government. 20 (D) AUTHORITY TO ACCEPT GIFTS.— 21 (i) IN GENERAL.—The Commission 22 may accept, use, and dispose of gifts or do- 23 nations of services, goods, and property 24 from non-Federal entities for the purposes 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 271 •S 4638 RS of aiding and facilitating the work of the 1 Commission. The authority under this 2 paragraph does not extend to gifts of 3 money. 4 (ii) DOCUMENTATION; CONFLICTS OF 5 INTEREST.—The Commission shall docu- 6 ment gifts accepted under the authority 7 provided by clause (i) and shall avoid con- 8 flicts of interest or the appearance of con- 9 flicts of interest. 10 (iii) COMPLIANCE WITH CONGRES- 11 SIONAL ETHICS RULES.—Except as specifi- 12 cally provided in this section, a member of 13 the Commission shall comply with rules set 14 forth by the Select Committee on Ethics of 15 the Senate and the Committee on Ethics of 16 the House of Representatives governing 17 employees of the Senate and the House of 18 Representatives, respectively. 19 (4) REPORT REQUIRED.—Not later than De- 20 cember 31, 2025, the Commission shall submit to 21 the Committees on Armed Services of the Senate 22 and House of Representatives an unclassified report, 23 with classified annexes if necessary, that includes 24 the initial findings and any preliminary rec- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 272 •S 4638 RS ommendations of the Commission as a result of the 1 studies required under this section, with a final re- 2 port, recommendations, and any legislative proposals 3 as the Commission considers appropriate in light of 4 the results of the studies to be submitted at a time 5 agreed subsequent to the submission if the initial re- 6 port. 7 (b) MEMBERSHIP.— 8 (1) COMPOSITION.—The Commission shall be 9 composed of 8 members, of whom— 10 (A) one shall be appointed by the Majority 11 Leader of the Senate; 12 (B) one shall be appointed by the Minority 13 Leader of the Senate; 14 (C) one shall be appointed by the Speaker 15 of the House of Representatives; 16 (D) one shall be appointed by the Minority 17 Leader of the House of Representatives; 18 (E) one shall be appointed by the Chair- 19 man of the Committee on Armed Services of 20 the Senate; 21 (F) one shall be appointed by the Ranking 22 Member of the Committee on Armed Services of 23 the Senate; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 273 •S 4638 RS (G) one shall be appointed by the Chair- 1 man of the Committee on Armed Services of 2 the House of Representatives; and 3 (H) one shall be appointed by the Ranking 4 Member of the Committee on Armed Services of 5 the House of Representatives. 6 (2) CO-CHAIRS.—There shall be two Co-Chairs 7 of the Commission. The Republican leadership of the 8 Senate and House of Representatives shall jointly 9 select one Co-Chair, and the Democratic leadership 10 of the Senate and House of Representatives shall 11 jointly select the other. 12 (3) APPOINTMENT DATE; NOTIFICATIONS.— 13 (A) APPOINTMENT.—Members shall be ap- 14 pointed to the commission under paragraph (1) 15 by not later than 90 days after the date of en- 16 actment of this Act. 17 (B) NOTIFICATION.—Individuals making 18 appointments under paragraph shall provide no- 19 tice of the appointments to the Secretary of De- 20 fense (in this section referred to as 21 the‘‘Secretary’’ ). 22 (4) QUALIFICATIONS AND EXPERTISE.— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 274 •S 4638 RS (A) IN GENERAL.—In making appoint- 1 ments under this subsection, consideration shall 2 be given to individuals with expertise in— 3 (i) labor economics; 4 (ii) human resources and talent man- 5 agement 6 (iii) military personnel law and policy; 7 (iv) sales, advertising, and marketing; 8 (v) military strategy and force struc- 9 ture; 10 (vi) civil service laws and policies; 11 (vii) demography; 12 (viii) education and training; and 13 (ix) American military history. 14 (B) RESTRICTION ON APPOINTMENT.—Of- 15 ficers or employees of the Federal Government 16 (other than experts or consultants the services 17 of which are procured under section 3109 of 18 title 5, United States Code) may not be ap- 19 pointed as members of the Commission. 20 (C) RESTRICTION ON MEMBERS OF CON- 21 GRESS.—Members of Congress may not serve 22 on the Commission. 23 (5) PERIOD OF APPOINTMENT; VACANCIES; RE- 24 MOVAL OF MEMBERS.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 275 •S 4638 RS (A) APPOINTMENT DURATION.—Members 1 shall be appointed for the life of the Commis- 2 sion. 3 (B) VACANCIES.—Any vacancy in the 4 Commission shall not affect its powers, but 5 shall be filled in the same manner as the origi- 6 nal appointment. 7 (C) REMOVAL OF MEMBERS.—A member 8 may be removed from the Commission for cause 9 by the individual serving in the position respon- 10 sible for the original appointment of such mem- 11 ber under paragraph (1), provided that notice 12 has first been provided to such member of the 13 cause for removal and voted and agreed upon 14 by three quarters of the members serving. A va- 15 cancy created by the removal of a member 16 under this subsection shall not affect the pow- 17 ers of the Commission, and shall be filled in the 18 same manner as the original appointment was 19 made. 20 (D) QUORUM.—A majority of the members 21 serving on the Commission shall constitute a 22 quorum. 23 (E) INITIAL MEETING.—Not later than 30 24 days after the date on which all members of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 276 •S 4638 RS Commission have been appointed as published 1 in the Congressional Record, the Commission 2 shall hold its initial meeting. 3 (c) PERSONNEL MATTERS.— 4 (1) STATUS AS FEDERAL EMPLOYEES.—Not- 5 withstanding the requirements of section 2105 of 6 title 5, United States Code, including the required 7 supervision under subsection (a)(3) of such section, 8 members of the Commission shall be deemed to be 9 Federal employees in the legislative branch subject 10 to all the laws and policies applicable to legislative 11 branch employees. 12 (2) OATH OF OFFICE.—Notwithstanding the 13 provision of section 2903(b) of title 5, United States 14 Code, an employee of an executive branch agency, 15 otherwise authorized to administer oaths under sec- 16 tion 2903 of title 5, United States Code, may ad- 17 minister the oath of office to Commissioners for the 18 purpose of their service to the Commission. 19 (3) SECURITY CLEARANCES.—The appropriate 20 Federal departments or agencies shall cooperate 21 with the Commission in expeditiously providing to 22 the Commission members and staff appropriate se- 23 curity clearances to the extent possible pursuant to 24 existing procedures and requirements, except that no 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 277 •S 4638 RS person may be provided with access to classified in- 1 formation under this Act without the appropriate se- 2 curity clearances. 3 (4) PAY FOR MEMBERS.—Each member of the 4 Commission may be compensated at a rate not to 5 exceed the daily equivalent of the annual rate of 6 basic pay payable for level IV of the Executive 7 Schedule under section 5315 of title 5, United 8 States Code, for each day (including travel time) 9 during which such member is engaged in the per- 10 formance of the duties of the Commission. 11 (5) STAFF.— 12 (A) EXECUTIVE DIRECTOR.—The Co- 13 Chairs of the Commission may appoint and fix 14 the rate of basic pay for an Executive Director 15 in accordance with section 3161 of title 5, 16 United States Code. 17 (B) COMMISSION STAFF.—The Executive 18 Director may appoint and fix the rate of basic 19 pay for additional personnel as staff of the 20 Commission in accordance with section 3161 of 21 title 5, United States Code. 22 (C) DETAILEES AUTHORIZED.—On a reim- 23 bursable or non-reimbursable basis, the heads 24 of departments and agencies of the Federal 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 278 •S 4638 RS Government may provide, and the Commission 1 may accept, personnel detailed from such de- 2 partments and agencies, including active duty 3 military personnel. 4 (D) TRAVEL EXPENSES.—The members 5 and staff of the Commission shall be allowed 6 travel expenses, including per diem in lieu of 7 subsistence, at rates authorized for employees 8 of agencies under subchapter I of chapter 57 of 9 title 5, United States Code, while away from 10 their homes or regular places of business in the 11 performance of services for the Commission. 12 (d) SUPPORT.— 13 (1) ASSISTANCE FROM DEPARTMENT OF DE- 14 FENSE.— 15 (A) IN GENERAL.—Of the amounts author- 16 ized to be appropriated for the Department of 17 Defense for support of the Commission, the 18 Secretary may make transfers to the Commis- 19 sion for commission expenses, including com- 20 pensation of commission members, officers, and 21 employees, and provision of other such services, 22 funds, facilities, and other support services as 23 necessary for the performance of the Commis- 24 sion’s functions. Funds made available to sup- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 279 •S 4638 RS port and provide assistance to the Commission 1 may be used for payment of compensation of 2 members, officers, and employees of the Com- 3 mission without transfer under this subpara- 4 graph. Amounts transferred under this sub- 5 paragraph shall remain available until ex- 6 pended. Transfer authority provided by this 7 subparagraph is in addition to any other trans- 8 fer authority provided by law. Section 2215 of 9 title 10, United States Code, shall not apply to 10 a transfer of funds under this subparagraph. 11 (B) TREASURY ACCOUNT AUTHORIZED.— 12 The Secretary of the Treasury may establish an 13 account or accounts for the Commission from 14 which any amounts transferred under this 15 clause may be used for activities of the Com- 16 mission. 17 (2) LIAISON.—The Secretary shall designate at 18 least one officer or employee of the Department of 19 Defense to serve as a liaison officer between the De- 20 partment and the Commission. 21 (3) ADDITIONAL SUPPORT.—To the extent that 22 funds are available for such purpose, or on a reim- 23 bursable basis, the Secretary may, at the request of 24 the Co-Chairs of the Commission— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 280 •S 4638 RS (A) enter into contracts for the acquisition 1 of administrative supplies and equipment for 2 use by the Commission; and 3 (B) make available the services of a feder- 4 ally funded research and development center or 5 an independent, nongovernmental organization, 6 described under section 501(c)(3) of the Inter- 7 nal Revenue Code of 1986 and exempt from 8 taxation under section 501(a) of such Code. 9 (4) PRELIMINARY ADMINISTRATIVE SUPPORT 10 AUTHORIZED.—Upon the appointment of the Co- 11 Chairs under subsection (b), the Secretary may pro- 12 vide administrative support authorized under this 13 section necessary to facilitate the standing up of the 14 Commission. 15 (e) TERMINATION OF COMMISSION.—The Commis- 16 sion shall terminate 90 days after the submission of the 17 report required under subsection (a)(4). 18 SEC. 597. MILITARY ENTRANCE PROCESSING COMMAND 19 PROCESSING PILOT. 20 (a) IN GENERAL.—The Under Secretary of Defense 21 for Personnel and Readiness shall develop and implement 22 a pilot program to require joint reserve component support 23 for the United States Military Entrance Processing Com- 24 mand (MEPCOM) to accelerate medical record reviews. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 281 •S 4638 RS As part of the program, the Under Secretary may require 1 doctors and nurses from each service to support 2 MEPCOM in reviewing medical records. 3 (b) BRIEFING.—Not later than 90 days after the date 4 of the enactment of this Act, the Under Secretary shall 5 provide a briefing to the congressional defense committees 6 on actions taken to implement the program established 7 under subsection (a). 8 (c) TERMINATION.—The pilot program shall termi- 9 nate two years after the date of the establishment of the 10 program. 11 (d) REPORT.—Not later than 60 days before the pilot 12 program ends, the Under Secretary shall submit a report 13 to the congressional defense committees that includes an 14 explanation of any impact the pilot program has had on 15 recruitment, including the speed of medical waiver proc- 16 essing and a recommendation for whether to establish the 17 pilot as a permanent program. 18 SEC. 597A. MILITARY ACCESSIONS STANDARDS REVIEW. 19 (a) REVIEW.—Not later than 180 days after the date 20 of the enactment of this Act, the Secretary of Defense 21 shall submit to the congressional defense committees a re- 22 view of military accession standards and any ongoing 23 plans to modify those standards. The review shall in- 24 clude— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 282 •S 4638 RS (1) an explanation of medical standard modi- 1 fications made to date through the Medical Acces- 2 sion Records Pilot (MARP) and the number of re- 3 cruits allowed in as a result of the pilot program; 4 (2) recommendations and plans to make perma- 5 nent modifications to standards made under the 6 MARP program; 7 (3) a plan to expand the MARP program to ex- 8 amine additional medical accession standards that 9 can be modified to accelerate the medical waiver 10 process without lowering standards for entry into 11 the Armed Forces; 12 (4) an assessment of whether any disqualifying 13 conditions outlined in DoD Instruction 6130.03 14 should be modified based on a recruit’s intended 15 military occupational specialty and likelihood of de- 16 ployment into combat; and 17 (5) an assessment the advisability of updating 18 DoD Instruction 6130.03 to include service-specific 19 medical standards. 20 (b) NOTIFICATION OF TERMINATION REQUIRE- 21 MENT.—The Secretary shall notify the congressional de- 22 fense committees at least one year before terminating the 23 MARP program. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 283 •S 4638 RS Subtitle J—Automatic Selective 1 Service System Registration 2 SEC. 598. REFERENCES. 3 Except as expressly provided otherwise, any reference 4 in this subtitle to a section or other provision shall be 5 deemed to be a reference to the Military Selective Service 6 Act (50 U.S.C. 3801 et seq.). 7 SEC. 598A. SELECTIVE SERVICE SYSTEM AUTOMATIC REG- 8 ISTRATION. 9 (a) AUTOMATIC REGISTRATION.—Section 3 (50 10 U.S.C. 3802) is amended— 11 (1) by amending subsection (a) to read as fol- 12 lows: 13 ‘‘(a) Except as otherwise provided in this Act, every 14 citizen of the United States, and every other person resid- 15 ing in the United States, between the ages of eighteen and 16 twenty-six shall be automatically registered by the Selec- 17 tive Service System. The provisions of this section shall 18 not be applicable to any alien lawfully admitted to the 19 United States as a nonimmigrant under section 20 101(a)(15) of the Immigration and Nationality Act (8 21 U.S.C. 1105(a)(15)), for so long as they continue to main- 22 tain a lawful nonimmigrant status in the United States.’’; 23 (2) by amending subsection (b) to read as fol- 24 lows: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 284 •S 4638 RS ‘‘(b) The Selective Service System shall register indi- 1 viduals described in subsection (a) within thirty days of 2 the individual reaching age eighteen or within thirty days 3 of learning that a person is required to be registered, 4 whichever occurs last.’’; and 5 (3) by adding at the end the following new sub- 6 sections: 7 ‘‘(c) When requested by the Selective Service System, 8 a person subject to registration under subsection (a) shall 9 provide such identifying information (including date of 10 birth, address, social security account number, phone 11 number, and email address) necessary to ensure timely 12 registration and maintain the accuracy of the registrant 13 database. Identifying information shall include the reg- 14 istrant’s full name, date of birth, address, and social secu- 15 rity number. A person may provide this information to the 16 Selective Service System on their own accord. 17 ‘‘(d) Those registered by the Selective Service System 18 shall be notified that they have been registered and if the 19 registrant is not required to be registered under this Act, 20 there shall be processes and procedures for the person to 21 be removed from the registrant database.’’. 22 SEC. 598B. ELIMINATION OF SELECTIVE SERVICE SYSTEM 23 REGISTRATION INCENTIVES. 24 (a) TITLE 5, UNITED STATES CODE.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 285 •S 4638 RS (1) IN GENERAL.—Subchapter I of chapter 33 1 of title 5, United States Code, is amended by strik- 2 ing section 3328. 3 (2) CLERICAL AMENDMENT.—The table of sec- 4 tions at the beginning of such subchapter is amend- 5 ed by striking the item relating to section 3328. 6 (b) WORKFORCE INNOVATION AND OPPORTUNITY 7 ACT.—Section 189 of the Workforce Innovation and Op- 8 portunity Act (29 U.S.C. 3249) is amended by striking 9 subsection (h). 10 (c) MILITARY SELECTIVE SERVICE ACT.—Section 12 11 of the Military Selective Service Act (50 U.S.C. 3811) is 12 amended by striking subsections (f) and (g) 13 SEC. 598C. TECHNICAL AND CONFORMING AMENDMENTS. 14 The Military Selective Service Act is amended— 15 (1) in section 4 (50 U.S.C. 3803)— 16 (A) in subsection (a)— 17 (i) by striking ‘‘required to register’’ 18 each place it appears and inserting ‘‘reg- 19 istered’’; 20 (ii) by striking ‘‘at the time fixed for 21 his registration,’’; 22 (iii) by striking ‘‘who is required to 23 register’’ and inserting ‘‘registered’’; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 286 •S 4638 RS (iv) by striking ‘‘his acceptability in 1 all respects, including his’’ and inserting 2 ‘‘such person’s acceptability in all respects, 3 including such person’s’’; 4 (v) by striking ‘‘he may prescribe’’ 5 and inserting ‘‘the President may pre- 6 scribe’’; and 7 (vi) by striking ‘‘his’’ each place it ap- 8 pears and inserting ‘‘their’’; 9 (B) in subsection (c), by striking ‘‘in which 10 he resides’’ both places it appears and inserting 11 ‘‘in which such person resides’’; 12 (C) in subsection (e), by striking ‘‘enlisted 13 men’’ and inserting ‘‘enlisted persons’’; 14 (D) in subsection (g), by striking ‘‘coordi- 15 nate with him’’ and inserting ‘‘coordinate with 16 the Director’’; and 17 (E) in subsection (k)— 18 (i) in paragraph (1), by striking 19 ‘‘finding by him’’ and inserting ‘‘finding by 20 the President’’; and 21 (ii) in paragraph (2)(B), by striking 22 ‘‘liable for registration’’ and inserting 23 ‘‘registered’’; 24 (2) in section 5 (50 U.S.C. 3805)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 287 •S 4638 RS (A) in subsection (a)(1), by striking ‘‘on 1 account of race or color’’ and inserting ‘‘on any 2 basis set forth in section 703(a) of the Civil 3 Rights Act of 1964 (42 U.S.C. 2000e–2(a))’’; 4 and 5 (B) in subsection (b), by striking ‘‘men’’ 6 each place it appears and inserting ‘‘persons’’; 7 (3) in section 6 (50 U.S.C. 3806)— 8 (A) in subsection (a)— 9 (i) in paragraph (1)— 10 (I) by striking ‘‘enlisted men’’ 11 and inserting ‘‘enlisted persons’’; 12 (II) by striking ‘‘required to be’’; 13 (III) by striking ‘‘subject to reg- 14 istration’’ and inserting ‘‘registered’’; 15 (IV) by striking ‘‘him’’ and in- 16 serting ‘‘them’’; and 17 (V) by striking ‘‘liable for reg- 18 istration and training’’ and inserting 19 ‘‘registered and liable for training’’; 20 and 21 (ii) in paragraph (2), by striking ‘‘re- 22 quired to be’’ each place it appears; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 288 •S 4638 RS (B) in subsection (c)(2)(D), by striking 1 ‘‘he may prescribe’’ and inserting ‘‘the Presi- 2 dent may prescribe’’; 3 (C) in subsection (d)(3), by striking ‘‘he 4 may deem appropriate’’ and inserting ‘‘the 5 President considers appropriate’’; and 6 (D) in subsection (h)— 7 (i) by striking ‘‘he may prescribe’’ and 8 inserting ‘‘the President may prescribe’’; 9 (ii) by striking ‘‘such rules and regu- 10 lations as he’’ and inserting ‘‘such rules 11 and regulations as the President’’; 12 (iii) by striking ‘‘(other than wives 13 alone, except in cases of extreme hard- 14 ship)’’; 15 (iv) by striking ‘‘be physically, men- 16 tally, or morally deficient or defective’’ and 17 inserting ‘‘have significant physical, men- 18 tal, or moral impairments’’; 19 (v) by striking ‘‘persons dependent 20 upon him’’ and inserting ‘‘persons depend- 21 ent upon them’’; and 22 (vi) by striking ‘‘wives and children’’ 23 and inserting ‘‘spouses and children’’; 24 (4) in section 10 (50 U.S.C. 3809)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 289 •S 4638 RS (A) in subsection (b)— 1 (i) by striking ‘‘he may deem’’ each 2 place it appears and inserting ‘‘the Presi- 3 dent considers’’; 4 (ii) in paragraph (3)— 5 (I) by striking ‘‘registration,’’; 6 (II) by striking ‘‘He shall create’’ 7 and inserting ‘‘The President shall 8 create’’; 9 (III) by striking ‘‘upon his own 10 motion’’ and inserting ‘‘upon the 11 President’s own motion’’; 12 (IV) by striking ‘‘excepted from 13 registration or’’; and 14 (V) by striking ‘‘his status’’ and 15 inserting ‘‘such individual’s status’’; 16 and 17 (iii) in paragraph (4), by striking ‘‘his 18 status’’ and inserting ‘‘such individual’s 19 status’’; and 20 (B) in subsection (c), by striking ‘‘vested 21 in him’’ and inserting ‘‘vested in the Presi- 22 dent’’; 23 (5) in section 12 (50 U.S.C. 3811)— 24 (A) in subsection (d)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 290 •S 4638 RS (i) by striking ‘‘, neglecting, or refus- 1 ing the duty of registering imposed by’’ 2 and inserting ‘‘registration under’’; and 3 (ii) by striking ‘‘, or within five years 4 next after the last day before such person 5 does perform his duty to register, which- 6 ever shall first occur’’; and 7 (B) in subsection (e)— 8 (i) by striking ‘‘President may require 9 the Secretary of Health and Human Serv- 10 ices’’ and all that follows through ‘‘the fol- 11 lowing information’’ and inserting ‘‘Com- 12 missioner of Social Security Administration 13 shall furnish to the Director, on a reim- 14 bursable basis from records available to the 15 Commissioner, as provided by any other 16 law in effect on the date of enactment of 17 the National Defense Authorization Act for 18 Fiscal Year 2025, the following informa- 19 tion’’; 20 (ii) by striking ‘‘by a proclamation of 21 the President’’ and inserting ‘‘to be reg- 22 istered’’; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 291 •S 4638 RS (iii) by striking ‘‘to present themselves 1 for and submit to registration under this 2 section’’; and 3 (iv) by striking ‘‘furnished to the Di- 4 rector by the Secretary’’ and inserting 5 ‘‘furnished to the Director by the Commis- 6 sioner’’; 7 (6) in section 13 (50 U.S.C. 3812(b)), by strik- 8 ing ‘‘given an opportunity to submit his’’ and insert- 9 ing ‘‘given an opportunity to submit their’’; 10 (7) in section 15 (50 U.S.C. 3813)— 11 (A) in subsection (a), by striking ‘‘upon 12 publication by the President of a proclamation 13 or other public notice fixing a time for any reg- 14 istration under section 3’’ and inserting ‘‘upon 15 promulgation of regulations’’; 16 (B) in subsection (b), by striking ‘‘his’’ 17 each place it appears and inserting ‘‘the reg- 18 istrant’s’’; and 19 (C) in subsection (d)— 20 (i) by striking ‘‘he has’’ and inserting 21 ‘‘they have’’; and 22 (ii) by striking ‘‘he may deem’’ and 23 inserting ‘‘the President considers’’; 24 (8) in section 16 (50 U.S.C. 3814)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 292 •S 4638 RS (A) in subsection (a) by striking ‘‘men’’ 1 and inserting ‘‘persons’’; and 2 (B) in subsection (g)— 3 (i) in paragraph (1), by striking ‘‘who 4 as his regular and customary vocation’’ 5 and inserting ‘‘who, as such person’s reg- 6 ular and customary vocation,’’; and 7 (ii) in paragraph (2)— 8 (I) by striking ‘‘one who as his 9 customary vocation’’ and inserting ‘‘a 10 person who, as such person’s cus- 11 tomary vocation’’; and 12 (II) by striking ‘‘he is a member’’ 13 and inserting ‘‘such person is a mem- 14 ber’’; 15 (9) in section 18(a) (50 U.S.C. 3816(a)), by 16 striking ‘‘he is authorized’’ and inserting ‘‘the Presi- 17 dent is authorized’’; 18 (10) in section 21 (50 U.S.C. 3819)— 19 (A) by striking ‘‘he is sooner’’ and insert- 20 ing ‘‘sooner’’; 21 (B) by striking ‘‘he’’ each place it appears 22 and inserting ‘‘such member’’; and 23 (C) by striking ‘‘his consent’’ and inserting 24 ‘‘such member’s consent’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 293 •S 4638 RS (11) in section 22(b) (50 U.S.C. 3820(b)), by 1 striking ‘‘his’’ each place it appears and inserting 2 ‘‘the registrant’s’’; and 3 (12) except as otherwise provided in this sec- 4 tion— 5 (A) by striking ‘‘he’’ each place it appears 6 and inserting ‘‘such person’’; 7 (B) by striking ‘‘his’’ each place it appears 8 and inserting ‘‘such person’s’’; and 9 (C) by striking ‘‘him’’ each place it ap- 10 pears and inserting ‘‘such person’’. 11 SEC. 598D. EFFECTIVE DATE. 12 The amendments made by this subtitle shall take ef- 13 fect two years after the date of the enactment of this Act. 14 Subtitle K—Other Matters 15 SEC. 599. EVALUATION OF MILITARY RECRUITS AND OFFI- 16 CER CANDIDATES FOR DRUG USE. 17 (a) IN GENERAL.—The Secretary of Defense shall 18 ensure that all prospective recruits and officer candidates 19 undergo testing for controlled substances prior to enlist- 20 ment or appointment as an officer in the Armed Forces. 21 (b) CONTROLLED SUBSTANCE DEFINED.—In this 22 section, the term ‘‘controlled substance’’ means a sub- 23 stance described in section 912a(b) of title 10, United 24 States Code. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 294 •S 4638 RS SEC. 599A. PROMOTING MILITARY, NATIONAL, AND PUBLIC 1 SERVICE. 2 (a) SELECTIVE SERVICE SYSTEM DATA SHARING 3 AMENDMENTS.—Section 15(e) of the Military Selective 4 Service Act (50 U.S.C. 3813(e)) is amended— 5 (1) by striking ‘‘the names and addresses’’ and 6 inserting ‘‘the full names, email addresses (if avail- 7 able), dates of birth, phone numbers (if available), 8 and mailing addresses’’; and 9 (2) by striking ‘‘Names and addresses fur- 10 nished’’ and inserting ‘‘Full names, email addresses, 11 dates of birth, phone numbers, and mailing address- 12 es furnished’’. 13 (b) EFFECTIVE DATE.—The amendments made by 14 this section shall take effect 120 days after the date of 15 the enactment of this Act. 16 SEC. 599B. COURSE TO EDUCATE INTERESTED INDIVID- 17 UALS ABOUT OPPORTUNITIES TO CON- 18 TRIBUTE TO NATIONAL SECURITY. 19 (a) FINDINGS.—Congress finds that— 20 (1) many United States citizens or lawful per- 21 manent residents of the United States with a pro- 22 pensity to serve the United States are not medically 23 qualified to serve in the United States Armed 24 Forces, but have great potential to contribute to the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 295 •S 4638 RS overall security of the nation, especially throughout 1 the civil service and in the defense industrial base; 2 (2) in 2024, the defense industrial base is expe- 3 riencing a shortfall of qualified workers, resulting in 4 delayed production of critical platforms that support 5 the security of the United States; and 6 (3) individuals who volunteer to serve in the 7 military, but are ultimately medically disqualified 8 from enlistment, are likely to possess many of the 9 attributes that will lead to successful careers in 10 other aspects of national service. 11 (b) COURSE REQUIRED.— 12 (1) IN GENERAL.—Not later than one year 13 after the date of the enactment of this Act, the 14 Under Secretary of Defense for Personnel and Read- 15 iness, in collaboration with the Secretaries concerned 16 (as defined in section 101(a) of title 10, United 17 States Code), shall begin offering the course de- 18 scribed in paragraph (2) to individuals who volun- 19 teer to enlist or commission in the Armed Forces 20 but who are ultimately disqualified by a Military En- 21 trance Processing Station. 22 (2) COURSE DESCRIBED.—The course described 23 in this paragraph is a course designed by the Under 24 Secretary of Defense for Personnel and Readiness to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 296 •S 4638 RS educate individuals described in paragraph (1) about 1 other opportunities to contribute to national secu- 2 rity, including— 3 (A) workforce development opportunities 4 that lead to employment within the defense in- 5 dustrial base; 6 (B) education opportunities that result in 7 civil service jobs in the Department of Defense; 8 and 9 (C) other programs that connect individ- 10 uals with a propensity to serve with opportuni- 11 ties to contribute to national security, as deter- 12 mined by the Under Secretary. 13 TITLE VI—COMPENSATION AND 14 OTHER PERSONNEL BENEFITS 15 Subtitle A—Pay and Allowances 16 SEC. 601. REFORM OF BASIC PAY RATES. 17 (a) IN GENERAL.—Effective January 1, 2025, and 18 subject to subsection (b), the rates of monthly basic pay 19 for members of the uniformed services within each pay 20 grade (and with years of service as computed under sec- 21 tion 205 of title 37, United States Code) are as follows: 22 Commissioned Officers Pay Grade 2 or Less Over 2 Over 3 Over 4 Over 6 O–8 $12,803.70 $13,223.70 $13,501.80 $13,579.20 $13,926.90 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 297 •S 4638 RS Commissioned Officers—Continued O–7 10,638.90 11,133.00 11,361.90 11,544.00 11,872.80 O–6 8,067.90 8,863.20 9,444.90 9,444.90 9,481.20 O–5 6,725.70 7,576.50 8,100.90 8,199.60 8,527.20 O–4 5,803.20 6,717.30 7,166.40 7,265.40 7,681.50 O–3 5,102.10 5,783.70 6,241.80 6,806.10 7,132.80 O–2 4,408.50 5,020.80 5,782.80 5,978.10 6,100.80 O–1 3,826.20 3,982.80 4,814.70 4,814.70 4,814.70 Over 8 Over 10 Over 12 Over 14 Over 16 O–8 $14,506.50 $14,641.80 $15,192.60 $15,351.30 $15,825.90 O–7 12,198.30 12,574.20 12,948.90 13,325.40 14,506.50 O–6 9,887.40 9,941.40 9,941.40 10,506.30 11,505.00 O–5 8,722.50 9,153.00 9,469.80 9,878.10 10,501.80 O–4 8,127.90 8,684.10 9,116.10 9,416.70 9,589.50 O–3 7,490.70 7,721.70 8,102.10 8,301.00 8,301.00 O–2 6,100.80 6,100.80 6,100.80 6,100.80 6,100.80 O–1 4,814.70 4,814.70 4,814.70 4,814.70 4,814.70 Over 18 Over 20 Over 22 Over 24 Over 26 O–10 $0.00 $18,491.70 $18,491.70 18,491.70 $18,491.70 O–9 0.00 18,096.00 18,357.30 18,491.70 18,491.70 O–8 16,512.90 17,145.60 17,568.60 17,568.60 17,568.60 O–7 15,504.30 15,504.30 15,504.30 15,504.30 15,584.10 O–6 12,091.20 12,677.10 13,010.70 13,348.50 14,002.80 O–5 10,799.10 11,093.10 11,426.70 11,426.70 11,426.70 O–4 9,689.10 9,689.10 9,689.10 9,689.10 9,689.10 O–3 8,301.00 8,301.00 8,301.00 8,301.00 8,301.00 O–2 6,100.80 6,100.80 6,100.80 6,100.80 6,100.80 O–1 4,814.70 4,814.70 4,814.70 4,814.70 4,814.70 Over 28 Over 30 Over 32 Over 34 Over 36 O–10 $18,491.70 $18,491.70 $18,491.70 $18,491.70 $18,491.70 O–9 18,491.70 18,491.70 18,491.70 18,491.70 18,491.70 O–8 17,568.60 18,008.40 18,008.40 18,458.10 18,458.10 O–7 15,584.10 15,895.80 15,895.80 15,895.80 15,895.80 O–6 14,002.80 14,282.40 14,282.40 14,282.40 14,282.40 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 298 •S 4638 RS Commissioned Officers—Continued O–5 11,426.70 11,426.70 11,426.70 11,426.70 11,426.70 O–4 9,689.10 9,689.10 9,689.10 9,689.10, 9,689.10 O–3 8,301.00 8,301.00 8,301.00 8,301.00 8,301.00 O–2 6,100.80 6,100.80 6,100.80 6,100.80 6,100.80 O–1 4,814.70 4,814.70 4,814.70 4,814.70 4,814.70 Over 38 Over 40 O–10 $18,491.70 $18,491.70 O–9 18,491.70 18,491.70 O–8 18,458.10 18,458.10 O–7 15,895.80 15,895.80 O–6 14,282.40 14,282.40 O–5 11,426.70 11,426.70 O–4 9,689.10 9,689.10 O–3 8,301.00 8,301.00 O–2 6,100.80 6,100.80 O–1 4,814.70 4,814.70 Commissioned Officers With Over 4 Years of Active Duty Service as an Enlisted Member or Warrant Officer Pay Grade 2 or Less Over 2 Over 3 Over 4 Over 6 O–3E $0.00 $0.00 $0.00 $6,806.10 $7,132.80 O–2E 0.00 0.00 0.00 5,978.10 6,100.80 O–1E 0.00 0.00 0.00 4,814.70 5,141.10 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $7,490.70 $7,721.70 $8,102.10 $8,423.40 $8,607.90 O–2E 6,294.90 6,622.80 6,876.60 7,065.00 7,065.00 O–1E 5,331.30 5,525.70 5,716.50 5,978.10 5,978.10 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $8,859.00 $8,859.00 $8,859.00 $8,859.00 $8,859.00 O–2E 7,065.00 7,065.00 7,065.00 7,065.00 7,065.00 O–1E 5,978.10 5,978.10 5,978.10 5,978.10 5,978.10 Over 28 Over 30 Over 32 Over 34 Over 36 O–3E $8,859.00 $8,859.00 $8,859.00 $8,859.00 $8,859.00 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 299 •S 4638 RS Commissioned Officers With Over 4 Years of Active Duty Service as an Enlisted Member or Warrant Officer—Con- tinued O–2E 7,065.00 7,065.00 7,065.00 7,065.00 7,065.00 O–1E 5,978.10 5,978.10 5,978.10 5,978.10 5,978.10 Over 38 Over 40 O–3E $8,859.00 $8,859.00 O–2E 7,065.00 7,065.00 O–1E 5,978.10 5,978.10 Warrant Officers Pay Grade 2 or Less Over 2 Over 3 Over 4 Over 6 W–4 $5,273.10 $5,671.50 $5,834.40 $5,994.60 $6,270.60 W–3 4,815.60 5,015.70 5,222.10 5,289.00 5,504.40 W–2 4,260.90 4,663.80 4,787.70 4,873.20 5,149.20 W–1 3,739.80 4,143.00 4,250.70 4,479.60 4,749.90 Over 8 Over 10 Over 12 Over 14 Over 16 W–3 5,928.90 6,370.80 6,579.00 6,819.90 7,067.40 W–2 5,578.50 5,791.80 6,001.20 6,257.40 6,457.80 W–1 5,148.30 5,334.30 5,595.30 5,850.90 6,052.20 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $0.00 $9,375.60 $9,851.10 $10,205.70 $10,597.20 W–4 8,231.10 8,508.30 8,914.50 9,248.70 9,629.70 W–3 7,513.80 7,814.70 7,994.70 8,186.10 8,447.10 W–2 6,639.00 6,856.20 6,998.70 7,111.80 7,111.80 W–1 6,237.60 6,462.90 6,462.90 6,462.90 6,462.90 Over 28 Over 30 Over 32 Over 34 Over 36 W–5 $10,597.20 $11,128.20 $11,128.20 $11,683.50 $11,683.50 W–4 9,629.70 9,821.70 9,821.70 9,821.70 9,821.70 W–3 8,447.10 8,447.10 8,447.10 8,447.10 8,447.10 W–2 7,111.80 7,111.80 7,111.80 7,111.80 7,111.80 W–1 6,462.90 6,462.90 6,462.90 6,462.90 6,462.90 Over 38 Over 40 W–5 $12,269.10 $12,269.10 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 300 •S 4638 RS Warrant Officers—Continued W–4 9,821.70 9,821.70 W–3 8,447.10 8,447.10 W–2 7,111.80 7,111.80 W–1 6,462.90 6,462.90 Enlisted Members Pay Grade 2 or Less Over 2 Over 3 Over 4 Over 6 E–7 $3,624.90 $3,956.40 $4,108.20 $4,308.30 $4,465.50 E–6 3,135.60 3,450.60 3,603.00 3,750.90 3,904.80 E–5 2,872.20 3,065.70 3,214.20 3,365.70 3,601.80 E–4 2,633.70 2,768.40 2,918.40 3,066.30 3,197.40 E–3 2,401.20 2,552.10 2,706.90 2,706.90 2,706.90 E–2 2,283.60 2,283.60 2,283.60 2,283.60 2,283.60 E–1 2,037.30 2,037.30 2,037.30 2,037.30 2,037.30 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 $0.00 $6,370.50 $6,514.80 $6,696.60 $6,910.50 E–8 5,214.90 5,445.60 5,588.40 5,759.40 5,944.50 E–7 4,734.60 4,886.40 5,155.20 5,379.30 5,532.30 E–6 4,252.50 4,387.80 4,649.70 4,729.80 4,788.00 E–5 3,848.70 4,052.10 4,076.40 4,076.40 4,076.40 E–4 3,197.40 3,197.40 3,197.40 3,197.40 3,197.40 E–3 2,706.90 2,706.90 2,706.90 2,706.90 2,706.90 E–2 2,283.60 2,283.60 2,283.60 2,283.60 2,283.60 E–1 2,037.30 2,037.30 2,037.30 2,037.30 2,037.30 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 $7,127.10 $7,472.10 $7,765.20 $8,072.70 $8,544.00 E–8 6,279.30 6,449.10 6,737.40 6,897.30 7,291.20 E–7 5,694.90 5,757.90 5,969.70 6,083.10 6,515.70 E–6 4,856.40 4,856.40 4,856.40 4,856.40 4,856.40 E–5 4,076.40 4,076.40 4,076.40 4,076.40 4,076.40 E–4 3,197.40 3,197.40 3,197.40 3,197.40 3,197.40 E–3 2,706.90 2,706.90 2,706.90 2,706.90 2,706.90 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 301 •S 4638 RS Enlisted Members—Continued E–2 2,283.60 2,283.60 2,283.60 2,283.60 2,283.60 E–1 2,037.30 2,037.30 2,037.30 2,037.30 2,037.30 Over 28 Over 30 Over 32 Over 34 Over 36 E–9 $8,544.00 $8,970.30 $8,970.30 $9,419.40 $9,419.40 E–8 7,291.20 7,437.30 7,437.30 7,437.30 7,437.30 E–7 6,515.70 6,515.70 6,515.70 6,515.70 6,515.70 E–6 4,856.40 4,856.40 4,856.40 4,856.40 4,856.40 E–5 4,076.40 4,076.40 4,076.40 4,076.40 4,076.40 E–4 3,197.40 3,197.40 3,197.40 3,197.40 3,197.40 E–3 2,706.90 2,706.90 2,706.90 2,706.90 2,706.90 E–2 2,283.60 2,283.60 2,283.60 2,283.60 2,283.60 E–1 2,037.30 2,037.30 2,037.30 2,037.30 2,037.30 Over 38 Over 40 E–9 $9,891.30 $9,891.30 E–8 7,437.30 7,437.30 E–7 6,515.70 6,515.70 E–6 4,856.40 4,856.40 E–5 4,076.40 4,076.40 E–4 3,197.40 3,197.40 E–3 2,706.90 2,706.90 E–2 2,283.60 2,283.60 E–1 2,037.30 2,037.30 (b) ADDITIONAL PAY INCREASE.—The increase in 1 monthly basic pay authorized by section 1009 of title 37, 2 United States Code, is in addition to the changes to the 3 rates of monthly basic pay provided for under subsection 4 (a). 5 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 302 •S 4638 RS SEC. 602. AUTHORITY TO PAY HIGHER RATES OF PARTIAL 1 BASIC ALLOWANCE FOR HOUSING FOR UNAC- 2 COMPANIED HOUSING. 3 Section 2882(b) of title 10, United States Code, is 4 amended— 5 (1) by striking ‘‘A member’’ and inserting ‘‘(1) 6 A member’’; and 7 (2) by adding at the end the following new 8 paragraph: 9 ‘‘(2)(A) The Secretary of Defense may prescribe and, 10 under section 403(o) of title 37, pay for members of the 11 armed forces without dependents in military unaccom- 12 panied housing acquired or constructed under this sub- 13 chapter higher rates of partial basic allowance for housing 14 than the rates authorized under paragraph (2) of such sec- 15 tion. 16 ‘‘(B) The Secretary may not prescribe and pay a rate 17 of partial basic allowance for housing under this para- 18 graph that exceeds the rate of the basic allowance for 19 housing prescribed under section 403 of title 37 for the 20 military housing area concerned.’’. 21 SEC. 603. AUTHORITY TO PAY BASIC ALLOWANCE FOR 22 HOUSING TO JUNIOR ENLISTED MEMBERS 23 ON SEA DUTY. 24 Section 403(f)(2) of title 37, United States Code, is 25 amended— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 303 •S 4638 RS (1) in subparagraph (A), by striking ‘‘subpara- 1 graphs (B), (C), and (D),’’ and inserting ‘‘subpara- 2 graphs (B) and (C),’’; 3 (2) in subparagraph (B)— 4 (A) in the first sentence, by striking ‘‘pay 5 grade E–4 or E–5’’ and inserting ‘‘a pay grade 6 below E–6’’; and 7 (B) in the second sentence, by striking 8 ‘‘for members serving in pay grades E–4 and 9 E–5’’; and 10 (3) by striking subparagraph (D). 11 SEC. 604. EXTENSION OF TRAVEL ALLOWANCE FOR MEM- 12 BERS OF THE ARMED FORCES ASSIGNED TO 13 ALASKA. 14 Section 603(b) of the James M. Inhofe National De- 15 fense Authorization Act for Fiscal Year 2023 (Public Law 16 117–263; 136 Stat. 2620) is amended— 17 (1) in paragraph (1), by striking ‘‘paragraph 18 (5)’’ and inserting ‘‘paragraph (4)’’; and 19 (2) by striking paragraphs (4) and (5) and in- 20 serting the following: 21 ‘‘(4) PERIOD SPECIFIED.—The period specified 22 in this paragraph is the period— 23 ‘‘(A) beginning on December 1, 2024; and 24 ‘‘(B) ending on December 31, 2025.’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 304 •S 4638 RS Subtitle B—Bonus and Incentive 1 Pays 2 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 3 BONUS AND SPECIAL PAY AUTHORITIES. 4 (a) AUTHORITIES RELATING TO RESERVE 5 FORCES.—Section 910(g) of title 37, United States Code, 6 relating to income replacement payments for reserve com- 7 ponent members experiencing extended and frequent mo- 8 bilization for active duty service, is amended by striking 9 ‘‘December 31, 2024’’ and inserting ‘‘December 31, 10 2025’’. 11 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH 12 CARE PROFESSIONALS.—The following sections of title 13 10, United States Code, are amended by striking ‘‘Decem- 14 ber 31, 2024’’ and inserting ‘‘December 31, 2025’’: 15 (1) Section 2130a(a)(1), relating to nurse offi- 16 cer candidate accession program. 17 (2) Section 16302(d), relating to repayment of 18 education loans for certain health professionals who 19 serve in the Selected Reserve. 20 (c) AUTHORITIES RELATING TO NUCLEAR OFFI- 21 CERS.—Section 333(i) of title 37, United States Code, is 22 amended by striking ‘‘December 31, 2024’’ and inserting 23 ‘‘December 31, 2025’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 305 •S 4638 RS (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI- 1 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU- 2 THORITIES.—The following sections of title 37, United 3 States Code, are amended by striking ‘‘December 31, 4 2024’’ and inserting ‘‘December 31, 2025’’: 5 (1) Section 331(h), relating to general bonus 6 authority for enlisted members. 7 (2) Section 332(g), relating to general bonus 8 authority for officers. 9 (3) Section 334(i), relating to special aviation 10 incentive pay and bonus authorities for officers. 11 (4) Section 335(k), relating to special bonus 12 and incentive pay authorities for officers in health 13 professions. 14 (5) Section 336(g), relating to contracting 15 bonus for cadets and midshipmen enrolled in the 16 Senior Reserve Officers’ Training Corps. 17 (6) Section 351(h), relating to hazardous duty 18 pay. 19 (7) Section 352(g), relating to assignment pay 20 or special duty pay. 21 (8) Section 353(i), relating to skill incentive 22 pay or proficiency bonus. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 306 •S 4638 RS (9) Section 355(h), relating to retention incen- 1 tives for members qualified in critical military skills 2 or assigned to high priority units. 3 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE 4 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 5 403(b) of title 37, United States Code, is amended— 6 (1) in paragraph (7)(E), relating to an area 7 covered by a major disaster declaration or con- 8 taining an installation experiencing an influx of mili- 9 tary personnel, by striking ‘‘December 31, 2024’’ 10 and inserting ‘‘December 31, 2025’’; and 11 (2) in paragraph (8)(C), relating to an area 12 where actual housing costs differ from current rates 13 by more than 20 percent, by striking ‘‘December 31, 14 2024’’ and inserting ‘‘December 31, 2025’’. 15 SEC. 612. INCREASE IN MAXIMUM SKILL PROFICIENCY 16 BONUS AMOUNT. 17 Section 353(c)(2) of title 37, United States Code, is 18 amended by striking ‘‘$12,000’’ and inserting ‘‘$55,000’’. 19 SEC. 613. INCREASE IN ACCESSION BONUS FOR HEALTH 20 PROFESSIONS SCHOLARSHIP AND FINANCIAL 21 ASSISTANCE PROGRAM. 22 Section 2128(a) of title 10, United States Code, is 23 amended by striking ‘‘$20,000’’ and inserting 24 ‘‘$100,000’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 307 •S 4638 RS SEC. 614. EXTENSION OF AUTHORITY TO PAY ONE-TIME 1 UNIFORM ALLOWANCE FOR OFFICERS WHO 2 TRANSFER TO THE SPACE FORCE. 3 Subsection (d)(1) of section 606 of the William M. 4 (Mac) Thornberry National Defense Authorization Act for 5 Fiscal Year 2021 (Public Law 116–283; 37 U.S.C. 416 6 note) is amended by striking ‘‘ending on September 30, 7 2025’’ and inserting ‘‘ending on the last day of the transi- 8 tion period as defined in section 1731 of the Space Force 9 Personnel Management Act (title XVII of Public Law 10 118–31; 10 U.S.C. 20001 note)’’. 11 Subtitle C—Other Matters 12 SEC. 621. CALCULATION OF RETIRED PAY FOR CERTAIN 13 OFFICERS WHO SERVED IN GRADE O–9 OR O– 14 10 AND RETIRED IN GRADE O–8. 15 Section 1407(f) of title 10, United States Code, is 16 amended by adding at the end the following new para- 17 graph: 18 ‘‘(4) SPECIAL RULE FOR OFFICERS WHO 19 SERVED IN GRADE O–9 OR O–10 AND RETIRED IN 20 GRADE O–8.—In the case of an officer who served in 21 the temporary grade of O–9 or O–10 and received 22 a conditional or final retirement in the permanent 23 grade of O–8 pursuant to section 1370 or 1370a of 24 this title, the retired pay base or retainer pay shall 25 be the lower of— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 308 •S 4638 RS ‘‘(A) the amount determined under sub- 1 section (c) or (d), as applicable; or 2 ‘‘(B) the amount determined under section 3 1406 of this title, as if the officer first became 4 a member of a uniformed service before Sep- 5 tember 8, 1980.’’. 6 SEC. 622. EXTENSION OF TIME FOR MINOR SURVIVORS TO 7 FILE DEATH GRATUITY CLAIMS. 8 (a) IN GENERAL.—Section 1480 of title 10, United 9 States Code, is amended by adding at the end the fol- 10 lowing new subsection: 11 ‘‘(e) In the case of a claim for a death gratuity under 12 this chapter by an individual who is younger than 21 years 13 of age on the date of the death with respect to which the 14 claim is made, the individual shall file the claim with the 15 Secretary of Defense not later than the later of— 16 ‘‘(1) the date that is three years after the indi- 17 vidual reaches 21 years of age; or 18 ‘‘(2) the date that is six years after the date of 19 the death with respect to which the claim is made.’’. 20 (b) APPLICABILITY.—The amendment made by sub- 21 section (a) applies to claims filed with respect to deaths 22 occurring on or after on January 1, 2025. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 309 •S 4638 RS SEC. 623. ACCESS TO HIGH-SPEED INTERNET AND WIRE- 1 LESS NETWORK CONNECTIONS FOR CERTAIN 2 MEMBERS OF THE ARMED FORCES. 3 (a) IN GENERAL.—Subchapter II of chapter 134 of 4 title 10, United States Code, is amended by inserting after 5 section 2264 the following new section: 6 ‘‘§ 2265. Access to high-speed internet and wireless 7 network connections for certain members 8 of the armed forces 9 ‘‘The Secretary of a military department may pro- 10 vide, without charge, high-speed internet access and wire- 11 less network connections to members of the armed forces 12 who reside in military unaccompanied housing (as defined 13 in section 2871 of this title) within the United States.’’. 14 (b) CLERICAL AMENDMENT.—The table of sections 15 at the beginning of chapter 134 of such title is amended 16 by inserting after the item relating to section 2264 the 17 following new item: 18 ‘‘2265. Access to high-speed internet and wireless network connections for cer- tain members of the armed forces.’’. SEC. 624. EXTENSION OF EXCLUSION OF CERTAIN EMPLOY- 19 EES FROM GOVERNMENT LODGING PRO- 20 GRAM. 21 Section 914(b) of the Carl Levin and Howard P. 22 ‘‘Buck’’ McKeon National Defense Authorization Act for 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 310 •S 4638 RS Fiscal Year 2015 (Public Law 113–291; 5 U.S.C. 5911 1 note) is amended— 2 (1) in paragraph (2), by striking ‘‘2023’’ and 3 inserting ‘‘2029’’; and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(3) BRIEFINGS REQUIRED.— 7 ‘‘(A) IN GENERAL.—Not later than Feb- 8 ruary 1, 2025, and annually thereafter through 9 February 1, 2030, the Secretary shall brief the 10 congressional defense committees on the exclu- 11 sion under paragraph (1) from the require- 12 ments of a Government lodging program carried 13 out under subsection (a). 14 ‘‘(B) ELEMENTS.—Each briefing required 15 by subparagraph (A) shall include, for the year 16 preceding the briefing, the following: 17 ‘‘(i) A description of the instances in 18 which the exclusion under paragraph (1) 19 was used. 20 ‘‘(ii) A description of the lodging used 21 under that exclusion. 22 ‘‘(iii) A statement of the difference in 23 cost between lodging used under that ex- 24 clusion and lodging provided under a Gov- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 311 •S 4638 RS ernment lodging program carried out 1 under subsection (a) in each location where 2 lodging under the exclusion was used. 3 ‘‘(iv) Such other matters as the Sec- 4 retary considers relevant.’’. 5 SEC. 625. RESTRICTIONS ON RETIRED AND RESERVE MEM- 6 BERS OF THE ARMED FORCES RECEIVING 7 EMPLOYMENT AND COMPENSATION INDI- 8 RECTLY FROM FOREIGN GOVERNMENTS 9 THROUGH PRIVATE ENTITIES. 10 Section 908 of title 37, United States Code, is 11 amended— 12 (1) in subsection (a)— 13 (A) by redesignating paragraphs (1), (2), 14 and (3) as subparagraphs (A), (B), and (C), re- 15 spectively, and by moving such subparagraphs, 16 as so redesignated, 2 ems to the right; 17 (B) by striking ‘‘Subject to’’ and inserting 18 the following: 19 ‘‘(1) IN GENERAL.—Subject to’’; 20 (C) in subparagraph (C), as redesignated, 21 by striking ‘‘Commissioned Reserve Corps’’ and 22 inserting ‘‘Ready Reserve Corps’’; and 23 (D) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 312 •S 4638 RS ‘‘(2) APPLICATION TO PRIVATE ENTITIES.— 1 ‘‘(A) IN GENERAL.—The Secretary of the 2 Army, the Secretary of the Navy, and the Sec- 3 retary of the Air Force shall apply the provi- 4 sions of this section to the acceptance by a per- 5 son described in subparagraph (B) under the 6 jurisdiction of such Secretary of employment 7 (and compensation related to that employment) 8 or payments or awards indirectly from a foreign 9 government through a private entity to the 10 same extent and in the same manner as such 11 provisions apply to employment (and compensa- 12 tion related to that employment) and payments 13 and awards described in paragraph (1). 14 ‘‘(B) PERSONS DESCRIBED.—A person de- 15 scribed in this subparagraph— 16 ‘‘(i) is— 17 ‘‘(I) a retired member of the 18 Army, Navy, Air Force, Marine 19 Corps, or Space Force; or 20 ‘‘(II) a member of a reserve com- 21 ponent of an armed force specified in 22 subclause (I), except such a member 23 serving on active duty under a call or 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 313 •S 4638 RS order to active duty for a period in ex- 1 cess of 30 days; and 2 ‘‘(ii) does not include a retired mem- 3 ber or member of a reserve component of 4 the Coast Guard.’’. 5 SEC. 626. RETROACTIVE EFFECTIVE DATE OF PROMOTIONS 6 OF SENIOR OFFICERS OF ARMED FORCES 7 THAT WERE DELAYED AS A RESULT OF SUS- 8 PENSION OF SENATE CONFIRMATION. 9 (a) SENSE OF CONGRESS.—Congress holds the men 10 and women who defend the United States in the highest 11 esteem. 12 (b) RETROACTIVE EFFECTIVE DATE OF PRO- 13 MOTIONS.— 14 (1) IN GENERAL.—In the case of an individual 15 confirmed, during the period beginning on December 16 5, 2023, and ending on December 31, 2023, to a 17 grade or rank in the Armed Forces associated with 18 pay grade O–7 or higher and whose confirmation 19 was delayed as a result of the suspension of the pro- 20 vision of advice and consent by the Senate to ap- 21 pointments to such grades and ranks that began in 22 February 2023— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 314 •S 4638 RS (A) the Secretary of Defense may provide 1 the individual, retroactive to the date described 2 in paragraph (2)— 3 (i) pay and allowances at the rates or 4 in the amounts payable for the pay grade 5 associated with the appointment of the in- 6 dividual; and 7 (ii) the benefits to which an individual 8 in the grade or rank associated with the 9 appointment is entitled; and 10 (B) the date described in paragraph (2) 11 may be the date used for determining the se- 12 niority of the individual in the grade or rank 13 associated with the appointment. 14 (2) DATE DESCRIBED.—The date described in 15 this paragraph is, with respect to an individual de- 16 scribed in paragraph (1), the date that is the later 17 of— 18 (A) the date that is 30 days after the date 19 on which the nomination of the individual was 20 placed on the Executive Calendar of the Senate; 21 or 22 (B) the date on which the individual would 23 have been appointed but for the suspension of 24 the provision of advice and consent described in 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 315 •S 4638 RS paragraph (1), as determined by the Secretary 1 concerned (as defined in section 101 of title 10, 2 United States Code). 3 (c) ADMINISTRATIVE PROVISIONS.— 4 (1) AVAILABILITY OF APPROPRIATIONS.—The 5 policies and provisions outlined in this section shall 6 be subject to the availability of appropriations pro- 7 vided in advance and for the specific purpose of 8 making payments under subsection (b)(1)(A). Such 9 payments shall be made on a first-come, first-served 10 basis, and the total amount of payments made may 11 not exceed the total amount of appropriations pro- 12 vided in advance and for the specific purpose of 13 making payments under subsection(b)(1)(A). 14 (2) CONSIDERATION OF ADVERSE INFORMA- 15 TION.—In making a payment under subsection 16 (b)(1)(A), the Secretary shall consider whether ad- 17 verse information was provided to the Congress on 18 an individual officer. 19 SEC. 627. FERTILITY AND ADOPTION DEMONSTRATION 20 PROGRAM. 21 (a) IN GENERAL.—The Secretary of Defense shall es- 22 tablish a fertility and adoption demonstration program (in 23 this section referred to as the ‘‘demonstration program’’) 24 to assess the feasibility and advisability of providing cash 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 316 •S 4638 RS reimbursement and covered pharmacy benefits to eligible 1 active-duty members of the Armed Forces and their de- 2 pendents to reduce the out-of-pocket costs associated with 3 services described in subsection (b). 4 (b) COVERED SERVICES.— 5 (1) IN GENERAL.—Under the demonstration 6 program, the Secretary may provide payments for— 7 (A) services related to fertility treatments, 8 in-vitro fertilization, adoption, and foster care; 9 and 10 (B) except as provided by paragraph (2), 11 such other services related to building families 12 as the Secretary determines appropriate. 13 (2) PROHIBITED SERVICES.—Under the dem- 14 onstration program, the Secretary may not provide 15 payments related to— 16 (A) an abortion for which the Department 17 of Defense may not use funds under section 18 1093 of title 10, United States Code; or 19 (B) human cloning, artificial womb tech- 20 nology, or international surrogacy. 21 (c) PHARMACEUTICAL COVERAGE.—The Secretary 22 may establish pharmaceutical benefit coverages associated 23 with the fertility and adoption services described in sub- 24 section (b) under the military healthcare pharmacy ben- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 317 •S 4638 RS efit. The costs of such pharmaceutical benefits shall not 1 be included in the calculation of maximum payment under 2 subsection (e). 3 (d) ELIGIBILITY.—To be eligible for a payment under 4 the demonstration program for services described in sub- 5 section (b) provided to a member of the Armed Forces 6 or a dependent of such member, the member is required— 7 (1) to be serving on active duty; 8 (2) to have accrued not less than 4 years of 9 service on active duty (as defined in section 10 101(d)(1) of title 10, United States Code) as of the 11 date of the eligibility determination; and 12 (3) to agree in writing to continue to serve ac- 13 tive duty for a period of not less than 4 years after 14 the member has been approved for participation in 15 the demonstration program described in subsection 16 (a). 17 (e) LIMITATIONS ON PAYMENTS.— 18 (1) MAXIMUM PAYMENT PER MEMBER.—An eli- 19 gible participant may receive not more than $25,000 20 in payments under the demonstration program. 21 (2) MAXIMUM ANNUAL EXPENDITURE.—The 22 Secretary may provide not more than $25,000,000 23 in the aggregate in any year to members of the 24 Armed Forces under the demonstration program. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 318 •S 4638 RS (f) EMBRYO PRESERVATION.—The Secretary shall 1 ensure that any embryo created pursuant to the use of 2 fertility treatment under subsection (b)(1) that is not 3 transferred into the womb of a member of the Armed 4 Forces or a spouse of such a member (as applicable) is— 5 (1) cryopreserved and stored in perpetuity; or 6 (2) if such member or spouse so elects, released 7 for the purpose of embryo adoption to another indi- 8 vidual who intends to bear and retain custody of the 9 child. 10 (g) GUIDANCE.—Not later than October 1, 2026, the 11 Secretary shall issue guidance to carry out the demonstra- 12 tion program. 13 (h) REPORTING REQUIREMENT.—Not later than one 14 year after the date of the enactment of this Act, and annu- 15 ally thereafter under the termination date under sub- 16 section (g), the Secretary shall submit to the Committees 17 on Armed Services of the Senate and the House of Rep- 18 resentatives a report on the implementation, cost, and ef- 19 fect on recruiting, retention, and morale for members of 20 the Armed Forces and their dependents. 21 (i) TERMINATION DATE.—The authority provided by 22 this section shall terminate on September 30, 2030. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 319 •S 4638 RS SEC. 628. SELLING CERTAIN CONSUMER ROUTERS AND 1 MODEMS ON MILITARY INSTALLATIONS. 2 The Secretary of Defense shall ensure that consumer 3 routers, modems, and devices that combine a modem and 4 router, sold in any commissary or exchange store are ap- 5 propriately labeled to inform consumers whether or not 6 they are designed, developed, manufactured, or supplied 7 by persons owned by, controlled by, or subject to the influ- 8 ence of a covered nation (as defined in section 4872(d) 9 of title 10, United States Code). 10 SEC. 629. PROHIBITION ON SALE OF GARLIC FROM THE 11 PEOPLE’S REPUBLIC OF CHINA AT COM- 12 MISSARY STORES. 13 Section 2484 of title 10, United States Code, is 14 amended by adding at the end the following new sub- 15 section: 16 ‘‘(l) PROHIBITION ON SALE OF GARLIC FROM PEO- 17 PLE’S REPUBLIC OF CHINA.—The Secretary of Defense 18 shall prohibit the sale at any commissary store of any of 19 the following originating from or processed in the People’s 20 Republic of China: 21 ‘‘(1) Fresh or chilled garlic classified under 22 subheading 0703.20.00 of the Harmonized Tariff 23 Schedule of the United States (in this subsection re- 24 ferred to as the ‘HTS’). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 320 •S 4638 RS ‘‘(2) Frozen garlic classified under statistical 1 reporting number 0710.80.9755 of the HTS. 2 ‘‘(3) Dried or dehydrated garlic classified under 3 subheading 0712.90.40 of the HTS. 4 ‘‘(4) Garlic, prepared or preserved otherwise 5 than by vinegar or acetic acid, classified under sub- 6 heading 2004.90.85 or 2005.99.97 of the HTS. 7 ‘‘(5) Essential oil of garlic classified under sta- 8 tistical reporting number 3301.29.5115 of the 9 HTS.’’. 10 TITLE VII—HEALTH CARE 11 Subtitle A—TRICARE and Other 12 Health Care Benefits 13 SEC. 701. HEALTH CARE LICENSURE PORTABILITY FOR 14 TRICARE NETWORK PROVIDERS PROVIDING 15 MENTAL HEALTH SERVICES TO MEMBERS OF 16 THE ARMED FORCES AND CERTAIN FAMILY 17 MEMBERS. 18 (a) IN GENERAL.—Section 1094(d) of title 10, 19 United States Code, is amended— 20 (1) in paragraph (1), by striking ‘‘paragraph 21 (2) or (3)’’ and inserting ‘‘paragraph (2), (3), or 22 (4)’’; and 23 (2) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 321 •S 4638 RS ‘‘(4) To the extent provided in regulations prescribed 1 by the Secretary for the purpose of assuring the avail- 2 ability of high-quality mental health care services to mem- 3 bers of the armed forces and dependents entitled to health 4 care under section 1076 of this title, a health care profes- 5 sional referred to in paragraph (1) as being described in 6 this paragraph is a mental health provider providing care 7 through a network under the TRICARE program who— 8 ‘‘(A) has a current license to practice as a men- 9 tal health care professional; 10 ‘‘(B) is providing tele-mental health care serv- 11 ices to members of the armed forces or such depend- 12 ents; and 13 ‘‘(C) is providing such services under terms and 14 conditions specified by the Secretary (which shall es- 15 tablish the scope of authorized Federal duties for 16 purposes of paragraph (1)).’’. 17 (b) REGULATIONS.—Not later than 180 days after 18 the date of the enactment of this Act, the Secretary of 19 Defense shall issue an interim final regulation to imple- 20 ment the amendments made by subsection (a). 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 322 •S 4638 RS SEC. 702. REDUCTION OR WAIVER OF COST-SHARING 1 AMOUNTS UNDER TRICARE PHARMACY BEN- 2 EFITS PROGRAM FOR CERTAIN DEPENDENTS 3 ENROLLED IN TRICARE PRIME REMOTE PRO- 4 GRAM. 5 Section 1074g(a)(6) of title 10, United States Code, 6 is amended by adding at the end the following new sub- 7 paragraph: 8 ‘‘(D) Notwithstanding subparagraphs (A), (B), and 9 (C), the Secretary may selectively waive or reduce cost- 10 sharing amounts under this subsection for a dependent of 11 a member of the uniformed services described in section 12 1074(c)(3)(B) of this title if the dependent is enrolled in 13 the TRICARE Prime Remote program and accompanies 14 the member to the duty assignment of the member at the 15 expense of the Federal Government.’’. 16 SEC. 703. IMPLEMENTATION OF AUTHORITY TO PROVIDE 17 TRAVEL AND TRANSPORTATION ALLOW- 18 ANCES FOR SPECIALTY CARE UNDER EXCEP- 19 TIONAL CIRCUMSTANCES. 20 Not later than one year after the date of the enact- 21 ment of this Act, the Secretary of Defense shall prescribe 22 regulations to implement the authority of the Secretary 23 under section 1074i(b) of title 10, United States Code. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 323 •S 4638 RS SEC. 704. EXPANSION OF ELIGIBILITY FOR HEARING AIDS 1 TO INCLUDE CHILDREN OF RETIRED MEM- 2 BERS OF THE UNIFORMED SERVICES EN- 3 ROLLED IN FAMILY COVERAGE UNDER 4 TRICARE SELECT. 5 Section 1077(a)(16)(B)(ii) of title 10, United States 6 Code, is amended by inserting ‘‘or TRICARE Select’’ be- 7 fore the period at the end. 8 SEC. 705. FERTILITY TREATMENT FOR CERTAIN MEMBERS 9 OF THE UNIFORMED SERVICES AND DEPEND- 10 ENTS. 11 (a) FERTILITY TREATMENT.— 12 (1) IN GENERAL.—Chapter 55 of title 10, 13 United States Code, is amended by inserting after 14 section 1074o the following new section: 15 ‘‘§ 1074p. Fertility treatment for certain active duty 16 members of the uniformed services and 17 their dependents 18 ‘‘(a) IN GENERAL.—The use of fertility treatment 19 (including in vitro fertilization) by a member of the uni- 20 formed services on active duty (or a dependent of such 21 a member) shall be covered under TRICARE Prime or 22 TRICARE Select without regard to the sex, sex character- 23 istics, gender identity, sexual orientation, diagnosis, or 24 marital status of such member or dependent. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 324 •S 4638 RS ‘‘(b) FERTILITY TREATMENT DEFINED.—In this sec- 1 tion, the term ‘fertility treatment’ includes the following: 2 ‘‘(1) In vitro fertilization or other treatments or 3 procedures in which human oocytes, embryos, or 4 sperm are handled when clinically appropriate. 5 ‘‘(2) Sperm retrieval. 6 ‘‘(3) Egg retrieval. 7 ‘‘(4) Preservation of human oocytes, embryos, 8 or sperm for later reproductive use. 9 ‘‘(5) Artificial insemination, including 10 intravaginal insemination, intracervical insemination, 11 and intrauterine insemination. 12 ‘‘(6) Transfer of reproductive genetic material. 13 ‘‘(7) Medications as prescribed or necessary for 14 fertility. 15 ‘‘(8) Fertility treatment coordination. 16 ‘‘(9) Such other information, referrals, treat- 17 ments, procedures, testing, medications, laboratory 18 services, technologies, and services facilitating repro- 19 duction as determined appropriate by the Secretary 20 of Defense.’’. 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 1074o 24 the following new item: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 325 •S 4638 RS ‘‘1074p. Fertility treatment for certain active duty members of the uniformed services and their dependents.’’. (b) EXCLUSION FROM CONTRACTS FOR FORMER 1 MEMBERS AND THEIR DEPENDENTS.—Section 1086 of 2 such title is amended— 3 (1) in subsection (c), in the matter preceding 4 paragraph (1), by striking ‘‘subsection (d)’’ and in- 5 serting ‘‘subsections (d) and (j)’’; and 6 (2) by adding at the end the following new sub- 7 section: 8 ‘‘(j) A plan contracted for under subsection (a) may 9 not include coverage for services under section 1074p of 10 this title for former members of the uniformed services 11 or dependents of former members of the uniformed serv- 12 ices.’’. 13 (c) PROGRAM ON FERTILITY TREATMENT COORDI- 14 NATION.— 15 (1) IN GENERAL.—Chapter 55 of title 10, 16 United States Code, is amended by adding at the 17 end the following new section: 18 ‘‘§ 1110c. Program on fertility treatment coordination 19 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 20 establish a program on the coordination of fertility treat- 21 ment by the Secretary for purposes of ensuring patients 22 receive timely fertility treatment. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 326 •S 4638 RS ‘‘(b) TRAINING AND SUPPORT.—In carrying out the 1 program established under subsection (a), the Secretary 2 of Defense shall provide to community health care pro- 3 viders training and support with respect to the unique 4 needs of members of the uniformed services and their de- 5 pendents.’’. 6 (2) FERTILITY TREATMENT COORDINATION 7 PLAN.—Not later than one year after the date of the 8 enactment of this Act, the Secretary of Defense shall 9 submit to the Committees on Armed Services of the 10 Senate and the House of Representatives a plan that 11 addresses how the Department of Defense will co- 12 ordinate with the Department of Veterans Affairs on 13 ensuring the continuum of care, sharing of best 14 practices, and making referrals, as appropriate, with 15 respect to the furnishing of fertility treatment to pa- 16 tients eligible for the receipt of such treatment from 17 the Secretary of Defense or the Secretary of Vet- 18 erans Affairs. 19 (3) CLERICAL AMENDMENT.—The table of sec- 20 tions at the beginning of such chapter is amended 21 by adding at the end the following new item: 22 ‘‘1110c. Program on fertility treatment coordination.’’. (d) REGULATIONS.— 23 (1) IN GENERAL.—Not later than one year 24 after the date of the enactment of this Act, the Sec- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 327 •S 4638 RS retary of Defense shall promulgate regulations or 1 subregulatory guidance regarding the implementa- 2 tion of the amendments made by this section. 3 (2) ELEMENTS.—The regulations or subregu- 4 latory guidance promulgated under paragraph (1) 5 shall take into account the following: 6 (A) Eligibility requirements for receiving 7 the services described in section 1074p of title 8 10, United States Code, as added by subsection 9 (a)(1). 10 (B) Insurance coverage and reimbursement 11 for such services. 12 (C) Privacy for individuals seeking such 13 services. 14 (D) Consent for handling, testing, storing, 15 shipping, and disposing of the reproductive ge- 16 netic material of an individual receiving such 17 services, including for situations in which the 18 individual has permanently lost the ability to 19 provide consent. 20 (E) Travel and leave of individuals receiv- 21 ing such services, if required to access such 22 services. 23 (F) Such other requirements as the Sec- 24 retary of Defense considers appropriate. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 328 •S 4638 RS (e) APPLICATION.—The amendments made by this 1 section shall apply to services provided on or after October 2 1, 2026. 3 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 4 tion or the amendments made by this section shall be con- 5 strued to provide new benefits to or alter existing benefits 6 for former members of the uniformed services or the de- 7 pendents of former members of the uniformed services. 8 SEC. 706. ACCESS TO SPECIALTY BEHAVIORAL HEALTH 9 CARE UNDER TRICARE PRIME. 10 (a) MONITORING OF ACCESS STANDARDS.—The Sec- 11 retary of Defense shall continuously monitor the access 12 standards for specialty behavioral health care established 13 pursuant to section 704(b) of the National Defense Au- 14 thorization Act for Fiscal Year 2016 (Public Law 114– 15 92; 10 U.S.C. 1073 note). 16 (b) EXPANSION OF BEHAVIORAL HEALTH ACCREDI- 17 TATION STANDARDS.— 18 (1) IN GENERAL.—If the Secretary determines 19 that behavioral health access in a State does not 20 meet or exceed the access standards described in 21 subsection (a) for more than 12 consecutive months, 22 the Secretary shall expand required behavioral 23 health accreditation standards in that State. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 329 •S 4638 RS (2) STATE CREDENTIALS.—Expanded stand- 1 ards under paragraph (1) in a State shall include 2 appropriate credentials issued by State-level organi- 3 zations. 4 SEC. 707. ASSESSMENT ON OPTIONS FOR INCLUSION OF AS- 5 SISTED REPRODUCTIVE TECHNOLOGY AS 6 SERVICES COVERED UNDER THE TRICARE 7 PROGRAM FOR MEMBERS OF THE ARMED 8 FORCES AND DEPENDENTS. 9 (a) IN GENERAL.—The Secretary of Defense shall 10 conduct an assessment on options for establishing under 11 the TRICARE program an entitlement for members of the 12 Armed Forces and their dependents, for in vitro fertiliza- 13 tion, and associated services. 14 (b) FACTORS TO CONSIDER.—The assessment re- 15 quired by this section shall include consideration of the 16 following: 17 (1) The extent to which such assisted reproduc- 18 tive technology services are safe and effective. 19 (2) The extent to which such services are cov- 20 ered by other public health programs and by private 21 health insurance carriers and the prevailing cir- 22 cumstances applicable to such coverage. 23 (3) The estimated costs of including such serv- 24 ices under the TRICARE program. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 330 •S 4638 RS (4) The expected benefits to active duty mili- 1 tary recruiting and retention of such entitlement to 2 care. 3 (5) Alternative options for Congress to consider 4 to expand access to in vitro fertilization and associ- 5 ated services for members of the Armed Forces and 6 their dependents; and 7 (6) Such other matters as the Secretary deter- 8 mines appropriate. 9 (c) REPORT.—Not later than one year after the date 10 of enactment of this Act, the Secretary shall report to the 11 Committees on Armed Services of the Senate and the 12 House of Representatives the results of the assessment re- 13 quired by this section. 14 SEC. 708. RESTRICTION ON PERFORMANCE OF SEX 15 CHANGE SURGERIES. 16 (a) IN GENERAL.—Chapter 55 of title 10, United 17 States Code, is amended by inserting after section 1093 18 the following new section: 19 ‘‘§ 1093a. Performance of sex change surgeries: re- 20 strictions 21 ‘‘(a) RESTRICTION ON USE OF FUNDS.—Funds 22 available to the Department of Defense may not be used 23 to perform or facilitate sex change surgeries. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 331 •S 4638 RS ‘‘(b) RESTRICTION ON USE OF FACILITIES.—No 1 medical treatment facility or other facility of the Depart- 2 ment of Defense may be used to perform or facilitate a 3 sex change surgery.’’. 4 (b) CLERICAL AMENDMENT.—The table of sections 5 at the beginning of such chapter is amended by inserting 6 after the item relating to section 1093 the following new 7 item: 8 ‘‘1093a. Performance of sex change surgeries: restrictions.’’. SEC. 709. PROHIBITION OF COVERAGE UNDER TRICARE 9 PROGRAM OF CERTAIN MEDICAL PROCE- 10 DURES FOR CHILDREN THAT COULD RESULT 11 IN STERILIZATION. 12 Section 1079(a) of title 10, United States Code, is 13 amended by adding at the end the following new para- 14 graph: 15 ‘‘(20) Affirming hormone therapy, puberty 16 blockers, and other medical interventions for the 17 treatment of gender dysphoria that could result in 18 sterilization may not be provided to a child under 19 the age of 18.’’. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 332 •S 4638 RS Subtitle B—Brain Health Matters 1 SEC. 711. MODIFICATIONS TO BRAIN HEALTH INITIATIVE 2 OF DEPARTMENT OF DEFENSE. 3 Section 735 of the James M. Inhofe National Defense 4 Authorization Act for Fiscal Year 2023 (Public Law 117– 5 263; 10 U.S.C. 1071 note) is amended— 6 (1) in subsection (b)(1)— 7 (A) by amending subparagraph (B) to read 8 as follows: 9 ‘‘(B) The identification and dissemination 10 of thresholds for blast exposure and over- 11 pressure safety and associated emerging sci- 12 entific evidence that— 13 ‘‘(i) cover brain injury and impulse 14 noise; 15 ‘‘(ii) measure impact over 24-hour, 16 72-hour to 96-hour, monthly, annual, and 17 lifetime periods; 18 ‘‘(iii) are designed to prevent cognitive 19 deficits after firing; 20 ‘‘(iv) account for the firing of multiple 21 types of heavy weaponry and use of gre- 22 nades in one period of time; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 333 •S 4638 RS ‘‘(v) include minimum safe distances 1 and levels of exposure for observers and in- 2 structors; and 3 ‘‘(vi) address shoulder-fired heavy 4 weapons.’’; and 5 (B) by adding at the end the following new 6 subparagraphs: 7 ‘‘(H) The establishment of a standardized 8 treatment program based on interventions that 9 have shown benefit to individuals with brain 10 health issues after a brain injury and the provi- 11 sion of that treatment program to individuals 12 with brain health issues after a brain injury re- 13 sulting from a potential brain exposure de- 14 scribed in subparagraph (A) or high-risk train- 15 ing or occupational activities described in sub- 16 paragraph (D). 17 ‘‘(I) The establishment of policies to en- 18 courage members of the Armed Forces to seek 19 support for brain health when needed, prevent 20 retaliation against such members who seek care, 21 and address other barriers to seeking help for 22 brain health due to the impact of blast expo- 23 sure, blast overpressure, or traumatic brain in- 24 jury. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 334 •S 4638 RS ‘‘(J) The modification of existing weapons 1 systems to reduce blast exposure of the indi- 2 vidual using the weapon and those within the 3 minimum safe distance.’’; 4 (2) by striking subsections (c), (e), and (f); 5 (3) by redesignating subsection (d) as sub- 6 section (e); 7 (4) by inserting after subsection (b) the fol- 8 lowing new subsections: 9 ‘‘(c) THRESHOLDS FOR BLAST EXPOSURE AND 10 OVERPRESSURE SAFETY.— 11 ‘‘(1) DEADLINE.— 12 ‘‘(A) IN GENERAL.—Not later than Janu- 13 ary 1, 2027, the Secretary of Defense shall 14 identify and disseminate the thresholds for blast 15 exposure and overpressure safety required 16 under subsection (b)(1)(B). 17 ‘‘(B) UPDATE.—Not less frequently than 18 once every five years following the identification 19 and dissemination under subparagraph (A) of 20 the thresholds for blast exposure and over- 21 pressure safety required under subsection 22 (b)(1)(B), the Secretary of Defense shall update 23 those thresholds. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 335 •S 4638 RS ‘‘(2) FORMAL TRAINING REQUIREMENT.—The 1 Secretary of Defense shall ensure that training on 2 the thresholds for blast exposure and overpressure 3 safety is provided to members of the Armed Forces 4 before training, deployment, or entering other high- 5 risk environments where exposure to blast over- 6 pressure is likely. 7 ‘‘(3) CENTRAL REPOSITORY.—Not later than 8 January 1, 2027, the Secretary of Defense shall es- 9 tablish a central repository of blast-related charac- 10 teristics, such as pressure profiles and common blast 11 loads associated with specific systems and the envi- 12 ronments in which they are used. 13 ‘‘(4) WAIVERS.— 14 ‘‘(A) PROTOCOLS.—The Secretary of De- 15 fense may establish and implement protocols to 16 require waivers in cases in which members of 17 the Armed Forces must exceed the safety 18 thresholds described in subsection (b)(1)(B), 19 which shall include a justification for exceeding 20 those safety thresholds. 21 ‘‘(B) TRACKING SYSTEM.—Not later than 22 one year after establishing protocols for waivers 23 under subparagraph (A), the Secretary of De- 24 fense shall establish a Department of Defense- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 336 •S 4638 RS wide tracking system for such waivers, which 1 shall include data contributed by the Secretary 2 of each military department. 3 ‘‘(C) REPORT ON WAIVERS.—Not later 4 than one year after establishing protocols for 5 waivers under subparagraph (A), and annually 6 thereafter for a period of five years, the Sec- 7 retary of Defense shall submit to the Commit- 8 tees on Armed Services of the Senate and the 9 House of Representatives a report on such 10 waivers that includes— 11 ‘‘(i) the number of waivers issued, 12 disaggregated by military department; and 13 ‘‘(ii) a description of actions taken by 14 the Secretary concerned to track the health 15 effects on members of the Armed Forces of 16 exceeding safety thresholds described in 17 subsection (b)(1)(B), document those ef- 18 fects in medical records, and provide care 19 to those members. 20 ‘‘(d) STRATEGIES FOR MITIGATION AND PREVEN- 21 TION OF BLAST EXPOSURE AND OVERPRESSURE RISK 22 FOR HIGH-RISK INDIVIDUALS.—Not later than January 23 1, 2027, the Secretary of Defense shall establish strategies 24 for mitigating and preventing blast exposure and blast 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 337 •S 4638 RS overpressure risk for individuals most at risk for exposure 1 to high-risk training or high-risk occupational activities, 2 which shall include— 3 ‘‘(1) a timeline and process for implementing 4 those strategies; 5 ‘‘(2) a determination of the frequency with 6 which those strategies will be updated, which shall 7 be not less frequently than once every five years; and 8 ‘‘(3) an assessment of how information regard- 9 ing those strategies will be disseminated to such in- 10 dividuals, including after those strategies are up- 11 dated.’’; 12 (5) in subsection (e), as redesignated by para- 13 graph (3)— 14 (A) in paragraph (1), by inserting ‘‘or 15 other remote measurement technology’’ after 16 ‘‘wearable sensors’’; and 17 (B) by adding at the end the following new 18 paragraph: 19 ‘‘(4) WEAPONS USE.—Monitoring activities 20 under a pilot program conducted pursuant to para- 21 graph (1) shall be carried out for any member of the 22 Armed Forces firing tier 1 weapons in training or 23 combat, as identified by the Secretary of Defense.’’; 24 and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 338 •S 4638 RS (6) by inserting after subsection (e) the fol- 1 lowing new subsection (f): 2 ‘‘(f) REPORTS ON WARFIGHTER BRAIN HEALTH INI- 3 TIATIVE.—Not later than March 31, 2025, and not less 4 frequently than annually thereafter for a period of five 5 years, the Secretary of Defense shall submit to the Com- 6 mittees on Armed Services of the Senate and the House 7 of Representatives a report that includes the following: 8 ‘‘(1) A description of the activities taken under 9 the Initiative and resources expended under the Ini- 10 tiative during the prior fiscal year. 11 ‘‘(2) The number of members of the Armed 12 Forces impacted by blast overpressure and blast ex- 13 posure in the prior fiscal year, including— 14 ‘‘(A) the number of members who reported 15 adverse health effects from blast overpressure 16 or blast exposure; 17 ‘‘(B) the number of members exposed to 18 blast overpressure or blast exposure; 19 ‘‘(C) the number of members who received 20 treatment for injuries related to blast over- 21 pressure or blast exposure, including at facili- 22 ties of the Department of Defense and at facili- 23 ties in the private sector; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 339 •S 4638 RS ‘‘(D) the type of care that members receive 1 from facilities of the Department of Defense 2 and the type of care that members receive from 3 facilities in the private sector. 4 ‘‘(3) A summary of the progress made during 5 the prior fiscal year with respect to the objectives of 6 the Initiative under subsection (b). 7 ‘‘(4) A description of the steps the Secretary is 8 taking to ensure that activities under the Initiative 9 are being implemented across the Department of 10 Defense and the military departments.’’. 11 SEC. 712. ESTABLISHMENT OF DEFENSE INTREPID NET- 12 WORK FOR TRAUMATIC BRAIN INJURY AND 13 BRAIN HEALTH AS PROGRAM OF RECORD. 14 (a) IN GENERAL.—Not later than January 1, 2026, 15 the Secretary of Defense shall establish the Defense In- 16 trepid Network for Traumatic Brain Injury and Brain 17 Health (in this section referred to as the ‘‘Network’’) 18 headquartered at the National Intrepid Center of Excel- 19 lence as a program of record subject to milestone reviews 20 and compliance with the requirements under this section. 21 (b) DUTIES.—The duties of the Network are as fol- 22 lows: 23 (1) To provide clinical care to prevent, diag- 24 nose, treat, and rehabilitate members of the Armed 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 340 •S 4638 RS Forces with traumatic brain injury, post-traumatic 1 stress disorder, symptoms from blast overpressure or 2 blast exposure, and other mental health conditions. 3 (2) To promote standardization of care among 4 the 10 Intrepid Spirit Centers throughout the conti- 5 nental United States, brain health clinics in Alaska 6 and Germany, and other sites as designated by the 7 Director of the Defense Health Agency as being a 8 part of the long-term brain health strategy of the 9 Department of Defense. 10 (3) To support and conduct research and edu- 11 cation on traumatic brain injury, post-traumatic 12 stress disorder, blast overpressure or blast exposure, 13 and other mental health conditions. 14 (c) ANNUAL BRIEFING.—Not later than one year 15 after the date of the enactment of this Act, and annually 16 thereafter for a period of five years, the Secretary of De- 17 fense shall provide to the Committees on Armed Services 18 of the Senate and the House of Representatives a briefing 19 that shall include, for the year covered by the briefing— 20 (1) the number of individuals to whom the Net- 21 work has provided services; 22 (2) the number of individuals who return to ac- 23 tive duty in the Armed Forces after receiving serv- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 341 •S 4638 RS ices from the Network, and the stage in their career 1 at which they seek treatment at the Network; 2 (3) the number of individuals whose families 3 are able to participate in programs provided by the 4 Network; and 5 (4) the number of individuals on a waitlist for 6 treatment at the Network and the average period 7 those individuals are on the waitlist. 8 SEC. 713. BRAIN HEALTH AND TRAUMA DEMONSTRATION 9 PROGRAM. 10 (a) IN GENERAL.—The Secretary of Defense shall 11 conduct an intensive comprehensive brain health and trau- 12 ma demonstration program (in this section referred to as 13 the ‘‘Program’’) to provide coordinated, integrated, multi- 14 disciplinary specialist evaluations, treatment initiation, 15 and aftercare coordination in a highly condensed model 16 for members of the Armed Forces and their family mem- 17 bers. 18 (b) DURATION.—The Secretary shall carry out the 19 Program for a four-year period beginning on the com- 20 mencement of the Program. 21 (c) EVIDENCE-BASED TREATMENT.—In carrying out 22 the Program, the Secretary shall provide evidence-based 23 treatment for traumatic brain injury, blast overpressure, 24 blast exposure, and psychological or neurological condi- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 342 •S 4638 RS tions that are common among members of the Armed 1 Forces. 2 (d) EVALUATION, TESTING, AND TREATMENT.—The 3 Program shall include the following: 4 (1) Evaluations by health care providers in the 5 areas of brain injury medicine, neuropsychology, 6 clinical psychology, psychiatry, neuroendocrinology, 7 sports medicine, musculoskeletal medicine, vestibular 8 physical therapy, neuroimaging, and hormonal eval- 9 uation. 10 (2) Metabolic testing, cardiovascular testing, 11 and cerebrovascular testing. 12 (3) Treatment relating to headaches, sleep 13 interventions and medication, injection-based thera- 14 pies for musculoskeletal pain, cognitive rehabilita- 15 tion, vestibular physical therapy, and exercise pro- 16 gramming. 17 (e) COORDINATION.—In carrying out the Program, 18 the Secretary shall seek to enter into an agreement with 19 private sector non-profit healthcare organizations that 20 have the capacity and infrastructure to provide the care 21 and services required under the Program. 22 (f) MEDICAL RECORDS.—In carrying out the Pro- 23 gram, the Secretary shall ensure that any treatment re- 24 ceived by a member of the Armed Forces under the Pro- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 343 •S 4638 RS gram is documented in the medical record of such mem- 1 ber. 2 (g) BRIEFING.—Not later than December 31, 2025, 3 the Secretary of Defense shall provide to the Committees 4 on Armed Services of the Senate and the House of Rep- 5 resentatives a briefing on the Program, which shall in- 6 clude— 7 (1) an assessment of the benefits of the Pro- 8 gram to members of the Armed Forces and their 9 families; 10 (2) an identification of the number of individ- 11 uals assisted under the Program; 12 (3) a description of the type of care or services 13 received under the Program; 14 (4) an identification of the rate of members of 15 the Armed Forces returning to duty after receiving 16 care or services under the Program; 17 (5) an assessment of how the Program is ensur- 18 ing that records of members of the Armed Forces 19 are updated with care or services provided under the 20 Program; and 21 (6) an assessment of whether and how the Pro- 22 gram should be expanded. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 344 •S 4638 RS Subtitle C—Health Care 1 Administration 2 SEC. 721. ESTABLISHMENT OF INDO-PACIFIC MEDICAL 3 READINESS PROGRAM. 4 (a) ESTABLISHMENT.— 5 (1) IN GENERAL.—Not later than January 1, 6 2026, the Secretary of Defense shall establish a 7 medical readiness program (referred to in this sec- 8 tion as the ‘‘Program’’) to partner with countries in 9 the Indo-Pacific region to gain access to foreign 10 medical facilities during peacetime and wartime op- 11 erations and maintain military-wide strategies for 12 medical readiness in the region. 13 (2) OBJECTIVE.—The objective of the Program 14 shall be to promote the medical readiness of the 15 Armed Forces and the military forces of partner 16 countries for missions during peacetime and wartime 17 operations by— 18 (A) reducing the movement and distance 19 associated with patient care; 20 (B) increasing the medical capacity of the 21 Department of Defense by expanding patient 22 access to medical facilities across the Indo-Pa- 23 cific region, where and when appropriate; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 345 •S 4638 RS (C) accrediting foreign medical facilities, 1 which will standardize medical procedures, pa- 2 tient care, and policies related to treating mem- 3 bers of the Armed Forces and their dependents; 4 and 5 (D) enhancing interoperability and inter- 6 changeability through shared patient record 7 management, medical equipment commonality, 8 and coordination of medical care. 9 (3) ACTIVITIES.—In carrying out the Program, 10 the Secretary of Defense shall— 11 (A) assess and integrate current Depart- 12 ment of Defense medical capabilities and capac- 13 ities in the Indo-Pacific region into the Pro- 14 gram; 15 (B) select a United States-based accredita- 16 tion organization to evaluate and accredit for- 17 eign medical facilities; 18 (C) coordinate with partner countries to 19 identify and evaluate medical facilities for the 20 Program; 21 (D) establish agreements with foreign med- 22 ical facilities for potential use of the Program; 23 (E) establish policies and procedures— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 346 •S 4638 RS (i) to reduce patient movement times 1 in various countries in the Indo-Pacific re- 2 gion during peacetime and wartime oper- 3 ations; 4 (ii) to standardize medical procedures, 5 patient care, and policies; 6 (iii) to securely share patient data 7 with foreign countries, when appropriate, 8 such as during a contingency; 9 (iv) with respect to medical equipment 10 commonality and interchangeability; and 11 (v) with respect to the coordination of 12 medical care; and 13 (F) integrate the Program into operational 14 plans of the combatant commands. 15 (b) STRATEGY.— 16 (1) IN GENERAL.—Not later than September 17 30, 2025, the Secretary of Defense shall submit to 18 the Committees on Armed Services of the Senate 19 and the House of Representatives a strategy for the 20 implementation of the Program. 21 (2) ELEMENTS.—The strategy required by 22 paragraph (1) shall include the following: 23 (A) A governance structure for the Pro- 24 gram, including— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 347 •S 4638 RS (i) the officials tasked to oversee the 1 Program; 2 (ii) the functions and duties of such 3 officials with respect to establishing and 4 maintaining the Program; and 5 (iii) mechanisms for coordinating with 6 partner countries selected to participate in 7 the Program. 8 (B) With respect to the selection of part- 9 ner countries initially selected to participate in 10 the Program— 11 (i) an identification of each such 12 country; 13 (ii) the rationale for selecting each 14 such country; and 15 (iii) any other information the Sec- 16 retary considers appropriate. 17 (C) A campaign of objectives for the first 18 three fiscal years after the date of the establish- 19 ment of the Program, including— 20 (i) a description of, and a rational for 21 selecting, such objectives; 22 (ii) an identification of milestones to- 23 ward achieving such objectives; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 348 •S 4638 RS (iii) metrics for evaluating success in 1 achieving such objectives. 2 (D) A description of opportunities and po- 3 tential timelines for future Program expansion, 4 as appropriate. 5 (E) A list of additional authorities, appro- 6 priations, or other congressional support nec- 7 essary to ensure the success of the Program. 8 (F) Any other information the Secretary 9 considers appropriate. 10 (3) FORM.—The strategy required by para- 11 graph (1) shall be submitted in unclassified form but 12 may include a classified annex. 13 (c) REPORT.— 14 (1) IN GENERAL.—Not later than October 1, 15 2026, and annually thereafter until October 1, 2035, 16 the Secretary of Defense shall submit to the Com- 17 mittees on Armed Services of the Senate and the 18 House of Representatives a report on the Program. 19 (2) ELEMENTS.—Each report required by para- 20 graph (1) shall include the following: 21 (A) A narrative summary of activities con- 22 ducted as part of the Program during the pre- 23 ceding fiscal year. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 349 •S 4638 RS (B) Except in the case of the initial report, 1 an assessment of progress toward the objectives 2 establish in accordance with subparagraph (C) 3 in the report for the preceding fiscal year using 4 the metrics established in such report. 5 (C) A campaign of objectives for the three 6 fiscal years after the date of submission of the 7 report, including— 8 (i) a description of, and a rational for 9 selecting, such objectives; 10 (ii) an identification of milestones to- 11 ward achieving such objectives; and 12 (iii) metrics for evaluating success in 13 achieving such objectives. 14 (D) A description of opportunities and po- 15 tential timelines for future Program expansion, 16 as appropriate. 17 (E) Any other information the Secretary 18 considers appropriate. 19 (3) FORM.—Each report required by paragraph 20 (1) shall be submitted in unclassified form but may 21 include a classified annex. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 350 •S 4638 RS SEC. 722. IMPROVED IMPLEMENTATION OF FINANCIAL RE- 1 LIEF FOR CIVILIANS TREATED IN MILITARY 2 MEDICAL TREATMENT FACILITIES. 3 (a) FINAL RULE REQUIRED.—The Secretary of De- 4 fense shall issue a final rule (or interim final rule) to im- 5 plement as soon as possible after the date of the enact- 6 ment of this Act section 1079b of title 10, United States 7 Code. 8 (b) TREATMENT OF CLAIMS.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), the Secretary shall hold in abeyance any 11 claims under section 1079b of title 10, United 12 States Code, until the final rule (or interim final 13 rule) required under subsection (a) is in effect. 14 (2) EXCEPTION.—Paragraph (1) does not apply 15 to— 16 (A) claims to third-party payers; or 17 (B) administrative support provided to the 18 Secretary by another Federal agency to assist 19 the Secretary in the administration of section 20 1079b of title 10, United States Code. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 351 •S 4638 RS SEC. 723. EXTENSION OF TIME FOR MODIFICATIONS TO 1 PREMIUM SHARING PLANS UNDER TRICARE 2 DENTAL PROGRAM. 3 (a) IN GENERAL.—Section 1076a of title 10, United 4 States Code, is amended by striking ‘‘January 1, 2026’’ 5 each place it appears and inserting ‘‘January 1, 2027’’. 6 (b) RULEMAKING.—Section 701(b) of the James M. 7 Inhofe National Defense Authorization Act for Fiscal Year 8 2023 (Public Law 117–263; 136 Stat. 2646) is amend- 9 ed— 10 (1) in paragraph (1), by striking ‘‘January 1, 11 2025’’ and inserting ‘‘January 1, 2026’’; and 12 (2) in paragraph (2), by striking ‘‘January 1, 13 2026’’ and inserting ‘‘January 1, 2027’’. 14 (c) BRIEFINGS.—Section 701(c) of such Act is 15 amended by striking ‘‘2024, 2025, and 2026’’ and insert- 16 ing ‘‘2025, 2026, and 2027’’. 17 SEC. 724. MEDICAL COUNTERMEASURES FOR OVERSEAS 18 PERSONNEL OF THE DEPARTMENT OF DE- 19 FENSE FOR ACUTE RADIATION SYNDROME 20 AND THERMAL BURNS. 21 (a) PROGRAM REQUIRED.—Not later than one year 22 after the date of the enactment of this Act, the Secretary 23 of Defense shall establish a program to develop require- 24 ments for the procurement, pre-positioning, and mainte- 25 nance of medical countermeasures approved, cleared, li- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 352 •S 4638 RS censed, or authorized by the Food and Drug Administra- 1 tion to diagnose, prevent, and treat acute radiation syn- 2 drome and thermal burns for use by personnel of the De- 3 partment of Defense deployed outside the United States. 4 (b) PROGRAM SPECIFICATIONS.—In carrying out the 5 program required by subsection (a), the Secretary of De- 6 fense shall consider, in coordination with the Chairman 7 of the Joint Chiefs of Staff and the commanders of the 8 combatant commands, the following: 9 (1) The number of personnel of the Department 10 of Defense deployed in areas in which the use of tac- 11 tical nuclear weapons is a substantial threat. 12 (2) Peer-reviewed and published scientific stud- 13 ies regarding safety and efficacy of the potential 14 countermeasures described in subsection (a). 15 (3) Operational requirements of the Depart- 16 ment. 17 (4) Appropriate doctrine, training, and oper- 18 ational plans for effective use of such counter- 19 measures. 20 (5) A feasible schedule for implementation of 21 the program. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 353 •S 4638 RS SEC. 725. ESTABLISHMENT OF PUBLIC USER SATISFACTION 1 TARGETS RELATED TO ELECTRONIC HEALTH 2 RECORD OF DEFENSE HEALTH AGENCY. 3 (a) IN GENERAL.—The Director of the Defense 4 Health Agency shall establish public user satisfaction tar- 5 gets related to the deployment of and challenges related 6 to electronic health records of the Defense Health Agency. 7 (b) CUSTOMER FEEDBACK.—The Director of the De- 8 fense Health Agency shall establish continuous customer 9 feedback mechanisms to better understand issues relating 10 to electronic health records of the Defense Health Agency. 11 (c) BRIEFINGS.—Not later than 180 days after the 12 date of the enactment of this Act, and every 180 days 13 thereafter until the date that is four years after such date 14 of enactment, the Director of the Defense Health Agency 15 shall brief the Committees on Armed Services of the Sen- 16 ate and the House of Representatives on how the Director 17 assesses progress towards the achievement of the targets 18 established under subsection (a). 19 SEC. 726. PLAN OF DEPARTMENT OF DEFENSE TO ADDRESS 20 RECRUITMENT PROCESSING DELAYS RELAT- 21 ING TO HEALTH RECORD SYSTEM. 22 (a) PLAN TO ADDRESS RECRUITMENT DELAYS.— 23 Not later than 180 days after the date of the enactment 24 of this Act, the Secretary of Defense shall establish a plan 25 to reduce recruitment processing delays associated with 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 354 •S 4638 RS the electronic health record system of the Department of 1 Defense, Military Health System Genesis, and other fac- 2 tors relating to the health record system process of the 3 Department, which shall include— 4 (1) the establishment by each military depart- 5 ment of a standard period of not more than 75 days 6 between the date on which Military Entrance Proc- 7 essing Stations personnel accept the applicant 8 prescreen and the date of the first recorded contract 9 for such applicant; and 10 (2) the establishment by each military depart- 11 ment of standard medical waiver processing times of 12 not more than 60 days. 13 (b) IMPLEMENTATION OF INSPECTOR GENERAL REC- 14 OMMENDATIONS.—Not later than 180 days after the date 15 of the enactment of this Act, the Secretary of Defense 16 shall— 17 (1) implement the recommendations contained 18 in the report of the Office of Inspector General of 19 the Department of Defense entitled, ‘‘Review of the 20 Military Services’ Policies and Procedures on the 21 Medical Waiver Process for Recruiting’’ (DODIG– 22 2023–072); and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 355 •S 4638 RS (2) submit to the congressional defense commit- 1 tees a report detailing the manner in which the Sec- 2 retary has implemented such recommendations. 3 (c) ANNUAL REPORT ON RECRUITMENT DELAYS.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of the enactment of this Act, and an- 6 nually thereafter for three years, the Secretary of 7 Defense shall submit to the congressional defense 8 committees a report on the efforts of the Secretary 9 to address recruitment delays associated with the 10 electronic health record system, Military Health Sys- 11 tem Genesis and other factors relating to the health 12 record system process of the Department. 13 (2) ELEMENTS.—Each report under paragraph 14 (1) shall include, for the period covered by the re- 15 port, the following: 16 (A) The average number of days between 17 the date on which Military Entrance Processing 18 Stations personnel accept the applicant 19 prescreen and the date of the first recorded 20 contract for such applicant, disaggregated by 21 military department. 22 (B) The average number of days for med- 23 ical waiver processing, disaggregated by mili- 24 tary department. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 356 •S 4638 RS (C) The number of medical waivers proc- 1 essed by each military department, including a 2 breakdown of those that were approved and de- 3 nied and the associated disqualifications requir- 4 ing a medical waiver. 5 (D) An assessment of the efforts of the 6 Secretary to review the military medical stand- 7 ards for accession to determine whether any 8 disqualifying medical conditions should be re- 9 moved or modified and to update those stand- 10 ards accordingly. 11 (E) An assessment of the efforts of the 12 Secretary of Defense and the Secretary of each 13 military department to address the recruitment 14 delays specified in paragraph (1). 15 (F) An assessment of the plans of the Sec- 16 retary of Defense and the Secretary of each 17 military department to further address those 18 delays. 19 (3) INCLUSION IN ACCESSION MEDICAL STAND- 20 ARDS ANALYSIS AND RESEARCH ACTIVITY ANNUAL 21 REPORT.—The Secretary of Defense shall include 22 the matters under subparagraphs (A) and (B) of 23 paragraph (2) in each appropriate annual report of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 357 •S 4638 RS the Accession Medical Standards Analysis and Re- 1 search Activity of the Department of Defense. 2 Subtitle D—Access to 3 Contraception 4 SEC. 731. CONTRACEPTION COVERAGE PARITY UNDER THE 5 TRICARE PROGRAM. 6 (a) PHARMACY BENEFITS PROGRAM.—Section 7 1074g(a)(6) of title 10, United States Code, is amended 8 by adding at the end the following new subparagraph: 9 ‘‘(D)(i) Notwithstanding subparagraphs (A), (B), 10 and (C), cost-sharing requirements may not be imposed 11 and cost-sharing amounts may not be collected with re- 12 spect to any eligible covered beneficiary for any prescrip- 13 tion contraceptive on the uniform formulary provided 14 through a retail pharmacy described in paragraph 15 (2)(E)(ii) or through the national mail-order pharmacy 16 program. 17 ‘‘(ii) This subparagraph shall take effect on October 18 1, 2034.’’. 19 (b) TRICARE SELECT.—Section 1075 of such title 20 is amended— 21 (1) in subsection (c), by adding at the end the 22 following new paragraph: 23 ‘‘(5)(A) Notwithstanding any other provision of 24 this section, cost-sharing requirements may not be 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 358 •S 4638 RS imposed and cost-sharing amounts may not be col- 1 lected with respect to any beneficiary under this sec- 2 tion for a service described in subparagraph (B) that 3 is provided by a network provider. 4 ‘‘(B) A service described in this subparagraph 5 is any contraceptive method approved, cleared, or 6 authorized under section 505, 510(k), 513(f)(2), or 7 515 of the Federal Food, Drug, and Cosmetic Act 8 (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any con- 9 traceptive care (including with respect to insertion, 10 removal, and follow up), any sterilization procedure, 11 or any patient education or counseling service pro- 12 vided in connection with any such contraceptive, 13 care, or procedure. 14 ‘‘(C) This paragraph shall take effect on Octo- 15 ber 1, 2034.’’; and 16 (2) in subsection (f), by striking ‘‘calculated as’’ 17 and inserting ‘‘calculated (except as provided in sub- 18 section (c)(5)) as’’. 19 (c) TRICARE PRIME.—Section 1075a of such title 20 is amended by adding at the end the following new sub- 21 section: 22 ‘‘(d) PROHIBITION ON COST-SHARING FOR CERTAIN 23 SERVICES.—(1) Notwithstanding subsections (a), (b), and 24 (c), cost-sharing requirements may not be imposed and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 359 •S 4638 RS cost-sharing amounts may not be collected with respect 1 to any beneficiary enrolled in TRICARE Prime for a serv- 2 ice described in paragraph (2) that is provided under 3 TRICARE Prime. 4 ‘‘(2) A service described in this paragraph is any con- 5 traceptive method approved, cleared, or authorized under 6 section 505, 510(k), 513(f)(2), or 515 of the Federal 7 Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 8 360c(f)(2), 360e), any contraceptive care (including with 9 respect to insertion, removal, and follow up), any steriliza- 10 tion procedure, or any patient education or counseling 11 service provided in connection with any such contraceptive, 12 care, or procedure. 13 ‘‘(3) This subsection shall take effect on October 1, 14 2034.’’. 15 SEC. 732. PREGNANCY PREVENTION ASSISTANCE AT MILI- 16 TARY MEDICAL TREATMENT FACILITIES FOR 17 SEXUAL ASSAULT SURVIVORS. 18 (a) IN GENERAL.—Chapter 55 of title 10, United 19 States Code, is amended by inserting after section 1074p, 20 as added by section 705(a), the following new section: 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 360 •S 4638 RS ‘‘§ 1074q. Provision of pregnancy prevention assist- 1 ance at military medical treatment facili- 2 ties 3 ‘‘(a) INFORMATION AND ASSISTANCE.—The Sec- 4 retary of Defense shall promptly furnish to sexual assault 5 survivors at each military medical treatment facility the 6 following: 7 ‘‘(1) Comprehensive, medically and factually ac- 8 curate, and unbiased written and oral information 9 about all emergency contraceptives approved by the 10 Food and Drug Administration. 11 ‘‘(2) Upon request by the sexual assault sur- 12 vivor, emergency contraceptives or, if applicable, a 13 prescription for emergency contraceptives. 14 ‘‘(3) Notification of the right of the sexual as- 15 sault survivor to confidentiality with respect to the 16 information and care and services furnished under 17 this section. 18 ‘‘(b) INFORMATION.—The Secretary shall ensure that 19 information provided pursuant to subsection (a) is pro- 20 vided in language that— 21 ‘‘(1) is clear and concise; 22 ‘‘(2) is readily comprehensible; and 23 ‘‘(3) meets such conditions (including condi- 24 tions regarding the provision of information in lan- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 361 •S 4638 RS guages other than English) as the Secretary may 1 prescribe in regulations to carry out this section., 2 ‘‘(c) EFFECTIVE DATE.—This section shall take ef- 3 fect on October 1, 2034. 4 ‘‘(d) DEFINITIONS.—In this section: 5 ‘‘(1) The term ‘sexual assault survivor’ means 6 any individual who presents at a military medical 7 treatment facility and— 8 ‘‘(A) states to personnel of the facility that 9 the individual experienced a sexual assault; 10 ‘‘(B) is accompanied by another person 11 who states that the individual experienced a 12 sexual assault; or 13 ‘‘(C) whom the personnel of the facility 14 reasonably believes to be a survivor of sexual 15 assault. 16 ‘‘(2) The term ‘sexual assault’ means the con- 17 duct described in section 1565b(c) of this title that 18 may result in pregnancy.’’. 19 (b) CLERICAL AMENDMENT.—The table of sections 20 at the beginning of such chapter is amended by inserting 21 after the item relating to section 1074p, as added by sec- 22 tion 705(a), the following new item: 23 ‘‘1074q. Provision of pregnancy prevention assistance at military medical treat- ment facilities.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 362 •S 4638 RS SEC. 733. EDUCATION ON FAMILY PLANNING FOR MEM- 1 BERS OF THE ARMED FORCES. 2 (a) EDUCATION PROGRAMS.— 3 (1) IN GENERAL.—Not later than October 1, 4 2035, the Secretary of Defense shall establish a uni- 5 form standard curriculum to be used in education 6 programs on family planning for all members of the 7 Armed Forces. 8 (2) TIMING.—Education programs under para- 9 graph (1) shall be provided to members of the 10 Armed Forces as follows: 11 (A) During the first year of service of the 12 member. 13 (B) At such other times as each Secretary 14 of a military department determines appro- 15 priate with respect to members of the Armed 16 Forces under the jurisdiction of such Secretary. 17 (3) SENSE OF CONGRESS.—It is the sense of 18 Congress that the education programs under para- 19 graph (1) should be evidence-informed and use the 20 latest technology available to efficiently and effec- 21 tively deliver information to members of the Armed 22 Forces. 23 (b) ELEMENTS.—The uniform standard curriculum 24 for education programs under subsection (a) shall include 25 the following: 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 363 •S 4638 RS (1) Information for members of the Armed 1 Forces on active duty to make informed decisions re- 2 garding family planning. 3 (2) Information about the prevention of unin- 4 tended pregnancy and sexually transmitted infec- 5 tions, including human immunodeficiency virus 6 (commonly known as ‘‘HIV’’). 7 (3) Information on— 8 (A) the importance of providing com- 9 prehensive family planning for members of the 10 Armed Forces, including commanding officers; 11 and 12 (B) the positive impact family planning 13 can have on the health and readiness of the 14 Armed Forces. 15 (4) Current, medically accurate information. 16 (5) Clear, user-friendly information on— 17 (A) all contraceptive methods approved, 18 cleared, or authorized under section 505, 19 510(k), 513(f)(2), or 515 of the Federal Food, 20 Drug, and Cosmetic Act (21 U.S.C. 355, 21 360(k), 360c(f)(2), 360e); and 22 (B) where members of the Armed Forces 23 can access their chosen contraceptive. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 364 •S 4638 RS (6) Information on all applicable laws and poli- 1 cies so that members of the Armed Forces are in- 2 formed of their rights and obligations. 3 (7) Information on the rights of patients to 4 confidentiality. 5 (8) Information on the unique circumstances 6 encountered by members of the Armed Forces and 7 the effects of such circumstances on the use of con- 8 traceptives. 9 (c) EFFECTIVE DATE.—This section shall take effect 10 on October 1, 2034. 11 SEC. 734. INCLUSION OF COMPREHENSIVE CONTRACEP- 12 TIVE COUNSELING IN HEALTH ASSESSMENT 13 FORMS. 14 (a) IN GENERAL.—Not later than 90 days after the 15 date of the enactment of this Act, the Secretary of De- 16 fense, in consultation with the Secretary of Health and 17 Human Services, shall— 18 (1) revise the periodic health assessment form 19 of the Department of Defense (Department of De- 20 fense Form 3024) to include the information speci- 21 fied in subsection (b); and 22 (2) revise the pre-deployment health assessment 23 form of the Department (Department of Defense 24 Form 2795)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 365 •S 4638 RS (A) to allow members of the Armed Forces 1 to indicate they would like comprehensive con- 2 traceptive counseling; and 3 (B) to include the information specified in 4 subsection (b). 5 (b) INFORMATION SPECIFIED.—The information 6 specified in this subsection is the following: 7 (1) An explanation of patient-centered contra- 8 ceptive counseling as recommended by the American 9 College of Obstetricians and Gynecologists, including 10 by incorporating any clinical guidance on contracep- 11 tive counseling set forth by the American College of 12 Obstetricians and Gynecologists. 13 (2) A description of the full range of contracep- 14 tive methods, including any contraceptive drug, de- 15 vice, or biological product approved, cleared, author- 16 ized, or licensed by the Food and Drug Administra- 17 tion under section 505, 510(k), 513(f)(2), 515, or 18 564 of the Federal Food, Drug, and Cosmetic Act 19 (21 U.S.C. 355, 360(k), 360c(f)(2), 360e, 360bbb– 20 3) or section 351 of the Public Health Service Act 21 (42 U.S.C. 262)). 22 (3) Such other information relating to contra- 23 ceptive counseling as the Secretary of Defense deter- 24 mines appropriate. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 366 •S 4638 RS Subtitle E—Reports and Other 1 Matters 2 SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPART- 3 MENT OF DEFENSE-DEPARTMENT OF VET- 4 ERANS AFFAIRS MEDICAL FACILITY DEM- 5 ONSTRATION FUND. 6 Section 1704(e) of the National Defense Authoriza- 7 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 8 Stat. 2573), as most recently amended by section 104 of 9 division E of the Continuing Appropriations and Ukraine 10 Supplemental Appropriations Act, 2023 (Public Law 117– 11 180; 136 Stat. 2137), is amended by striking ‘‘September 12 30, 2024’’ and inserting ‘‘September 30, 2025’’. 13 SEC. 742. TREATMENT OF EXPERT MEDICAL OPINIONS 14 WITH RESPECT TO MEDICAL MALPRACTICE 15 CLAIMS BY MEMBERS OF THE UNIFORMED 16 SERVICES. 17 Section 2733a of title 10, United States Code, is 18 amended— 19 (1) in subsection (a), by striking ‘‘subsection 20 (g)’’ and inserting ‘‘subsection (h)’’; 21 (2) in subsection (b)(6), by striking ‘‘subsection 22 (g)’’ and inserting ‘‘subsection (h)’’; 23 (3) in subsection (d)(1), by striking ‘‘subsection 24 (g)’’ and inserting ‘‘subsection (h)’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 367 •S 4638 RS (4) by redesignating subsections (g) through (j) 1 as subsections (h) through (k), respectively; and 2 (5) by inserting after subsection (f) the fol- 3 lowing new subsection: 4 ‘‘(g) EXPERT MEDICAL OPINIONS.—(1) The Sec- 5 retary of Defense may not use an expert medical opinion 6 from an individual in determining whether to allow, settle, 7 and pay a claim under this section unless the individual 8 is board-certified in the medical specialty with respect to 9 that claim. 10 ‘‘(2) If a claim under this section is denied, the Sec- 11 retary shall provide to the claimant information regarding 12 the qualifications of any individual who provided an expert 13 medical opinion upon which such denial is based.’’. 14 SEC. 743. EXPANSION OF LICENSE RECIPROCITY FOR VET- 15 ERINARIANS OF DEPARTMENT OF DEFENSE. 16 (a) IN GENERAL.—Section 1060c of title 10, United 17 States Code, is amended— 18 (1) in the section heading, by striking ‘‘in 19 emergencies’’; 20 (2) in subsection (a), by striking ‘‘for the pur- 21 poses described in subsection (c)’’; and 22 (3) by striking subsection (c). 23 (b) CLERICAL AMENDMENT.—The table of sections 24 at the beginning of chapter 53 of such title is amended 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 368 •S 4638 RS by striking the item relating to section 1060c and insert- 1 ing the following new item: 2 ‘‘1060c. Provision of veterinary services.’’. SEC. 744. PLAN TO ENSURE ACCESS OF MEMBERS OF THE 3 ARMED FORCES TO SAFE, HIGH-QUALITY 4 PHARMACEUTICALS. 5 (a) IN GENERAL.—The Secretary of Defense shall es- 6 tablish a plan to ensure access by members of the Armed 7 Forces to safe, high-quality pharmaceutical products and 8 eliminate or mitigate risks in the pharmacy supply chain 9 of the Department of Defense. 10 (b) ELEMENTS OF PLAN.—The plan required by sub- 11 section (a) shall include the following elements: 12 (1) Improvement of visibility and analytics of 13 the country of origin and sources of supply of fin- 14 ished drugs, active pharmaceutical ingredients, key 15 starting material, and other ingredients of pharma- 16 ceutical products. 17 (2) Engagement with suppliers of pharma- 18 ceutical products with unknown country of origin to 19 determine the source of active pharmaceutical ingre- 20 dients and key starting material. 21 (3) Elimination or reduction of reliance on 22 pharmacy supply chain sources of high risk or very- 23 high risk. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 369 •S 4638 RS (4) A plan for transition to viable therapeutic 1 active pharmaceutical ingredients and key starting 2 material alternatives that are domestically sourced 3 or compliant with requirements under the Trade 4 Agreements Act of 1979 (19 U.S.C. 2501 et seq.). 5 (5) Validation of sources of supplies and pro- 6 duction capacity from domestic pharmaceutical man- 7 ufacturers or manufacturers in compliance with re- 8 quirements under the Trade Agreements Act of 9 1979. 10 (6) Assessment of the feasibility and advis- 11 ability of establishing a pharmaceutical manufac- 12 turing facility owned by the Department of Defense, 13 including requirements for construction, equipment 14 acquisition, other resource needs, and projected 15 multi-year budget and time schedule requirements. 16 (7) Identification of any other legislative or ad- 17 ministrative authorities necessary to determine the 18 feasibility and advisability of establishing such a fa- 19 cility. 20 (8) Collaboration with Federal agencies deter- 21 mined appropriate by the Secretary of Defense on all 22 elements of the plan. 23 (c) BRIEFING REQUIRED.—Not later than 180 days 24 after the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 370 •S 4638 RS of Defense shall provide to the Committees on Armed 1 Services of the Senate and the House of Representatives 2 a briefing on the plan required by subsection (a), including 3 an assessment of the feasibility and advisability of imple- 4 menting the plan. 5 SEC. 745. PILOT PROGRAM ON DELEGATION OF AUTHORITY 6 TO APPROVE RECRUITS WITH CERTAIN MED- 7 ICAL CONDITIONS. 8 (a) PILOT PROGRAM.—Not later than 90 days after 9 the date of the enactment of this Act, the Secretary of 10 Defense shall implement a pilot program and issue policy 11 guidance that authorizes and directs the Secretaries con- 12 cerned (as that term is defined in section 101(a) of title 13 10, United States Code) to delegate authority to the 14 United States Military Entrance Processing Command 15 (MEPCOM) to approve a service medical waiver for a set 16 list of otherwise disqualifying medical conditions. 17 (b) MEDICAL CONSULTATION PROCESS.—As part of 18 the pilot program, the Under Secretary shall establish a 19 medical consultation process that allows MEPCOM to 20 seek input from the services if a MEPCOM provider deter- 21 mines that more service-specific medical guidance on fit- 22 ness for duty is needed before approving a recruit with 23 a medical condition described in subsection (c). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 371 •S 4638 RS (c) LIST OF MEDICAL CONDITIONS.—To formulate 1 the set list of medical standards described in subsection 2 (a), the service Secretaries shall each identify at least 3 three preexisting medical conditions that are considered 4 disqualifying under DoD Instruction 6130.03, but regu- 5 larly or automatically receive medical waivers. 6 (d) TERMINATION.—The pilot program established 7 under subsection (a) shall terminate two years after the 8 date of establishment. 9 (e) REPORTS.— 10 (1) PLAN.—Not later than 30 days after the 11 pilot program is established under subsection (a), 12 the Secretary of Defense shall provide a report to 13 the congressional defense committees describing the 14 implementation of the pilot program, including a list 15 of medical standards identified pursuant to sub- 16 section (c). 17 (2) RESULTS.—Not later than 60 days after 18 the pilot program is terminated, the Under Sec- 19 retary shall provide a report to the congressional de- 20 fense committees on the results of the pilot program, 21 including the number of recruits approved under the 22 pilot program for each medical condition identified 23 pursuant to subsection (c), a risk assessment of im- 24 plementation of the pilot program, a comparison of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 372 •S 4638 RS the average number of days to review and adjudicate 1 medical waivers before and during the pilot program, 2 and a recommendation on whether to make the au- 3 thority under the pilot program permanent. 4 SEC. 746. INFECTIOUS DISEASE WASTEWATER SURVEIL- 5 LANCE SYSTEM OF DEPARTMENT OF DE- 6 FENSE. 7 (a) IN GENERAL.—Chapter 55 of title 10, United 8 States Code, is amended by inserting after section 1073e 9 the following new section: 10 ‘‘§ 1073e–1. Infectious disease wastewater surveil- 11 lance system 12 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 13 develop and implement an infectious disease wastewater 14 surveillance system that is consistent with the bio surveil- 15 lance capability-based assessment as part of the Bio- 16 defense Posture Review and utilizes data from wastewater 17 systems to monitor for pathogens of concern, conduct in- 18 fectious disease surveillance for purposes of early warning, 19 preparedness, and response, track existing and emerging 20 infectious diseases, and report on the threat of such infec- 21 tious diseases at Department of Defense facilities outside 22 of the United States . 23 ‘‘(b) REQUIREMENTS.—In carrying out subsection 24 (a), the Secretary shall ensure the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 373 •S 4638 RS ‘‘(1) The system developed and implemented 1 under such subsection— 2 ‘‘(A) is comprised of appropriate tech- 3 nologies and a uniform data system across the 4 Department of Defense; and 5 ‘‘(B) conducts wastewater surveillance at 6 military installations and military medical treat- 7 ment facilities outside of the United States. 8 ‘‘(2) Deployed naval vessels and aircraft have 9 access to the capabilities described in such sub- 10 section. 11 ‘‘(3) Members of the armed forces deployed in 12 support of a contingency operation outside of the 13 United States have access to the capabilities de- 14 scribed in such subsection. 15 ‘‘(c) COORDINATION OF DATA TRACKING.—The Sec- 16 retary shall share wastewater system surveillance data 17 pertaining to Department of Defense facilities outside of 18 the United States under this section with the Secretary 19 of Health and Human Services for the purposes of infec- 20 tious disease preparedness and response. 21 ‘‘(d) REPORTING.—The Secretary of Defense shall 22 include with the defense budget materials (as defined by 23 section 231(g) of this title) for a fiscal year a report that 24 contains the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 374 •S 4638 RS ‘‘(1) A plan to research and develop wastewater 1 surveillance technologies, data systems, and capabili- 2 ties for infectious disease surveillance for purposes 3 of carrying out subsection (a). 4 ‘‘(2) The number of domestic and international 5 facilities under the jurisdiction of the Secretary that 6 are engaged in infectious disease wastewater surveil- 7 lance. 8 ‘‘(3) A description of how the Secretary plans 9 to prepare for and monitor new and existing patho- 10 gens and infectious disease threats using wastewater 11 surveillance at Department of Defense facilities out- 12 side of the United States. 13 ‘‘(4) A description of how the Secretary plans 14 to rapidly adapt and scale up surveillance at Depart- 15 ment of Defense facilities outside of the United 16 States to effectively confront an existing or emerging 17 infectious disease threat, including how the Sec- 18 retary would develop, validate, and utilize new diag- 19 nostic tests and ensure an adequate lab testing capa- 20 bility could be rapidly activated. 21 ‘‘(5) A description of how the Secretary plans 22 to continuously incorporate the latest science into 23 wastewater surveillance efforts at Department of De- 24 fense facilities outside of the United States. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 375 •S 4638 RS ‘‘(6) If appropriate, a description of how the 1 Secretary will contract services with outside stake- 2 holders to procure or develop products capable of de- 3 tecting existing and emerging pathogens at Depart- 4 ment of Defense facilities outside of the United 5 States. 6 ‘‘(7) A description of how the Secretary plans 7 to integrate and report data generated from waste- 8 water surveillance systems at Department of De- 9 fense facilities outside of the United States to sup- 10 port preparedness for and response to existing and 11 emerging infectious diseases.’’. 12 (b) CLERICAL AMENDMENT.—The table of sections 13 at the beginning of such chapter is amended by inserting 14 after the item relating to section 1073e the following new 15 item: 16 ‘‘1073e–1. Infectious disease wastewater surveillance system.’’. SEC. 747. REPORTS ON SUICIDE AMONG MEMBERS OF THE 17 ARMED FORCES AND SUICIDE PREVENTION 18 PROGRAMS AND ACTIVITIES OF THE DEPART- 19 MENT OF DEFENSE. 20 Section 741(a) of the National Defense Authorization 21 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 22 1467) is amended— 23 (1) in paragraph (1), by striking ‘‘January 31, 24 2021’’ and inserting ‘‘January 31, 2031’’; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 376 •S 4638 RS (2) in paragraph (2)— 1 (A) by redesignating subparagraphs (F) 2 through (J) as subparagraphs (I) through (M), 3 respectively; and 4 (B) by inserting after subparagraph (E) 5 the following new subparagraphs: 6 ‘‘(F) With respect to the number of sui- 7 cides, attempted suicides, or known cases of su- 8 icidal ideation identified under subparagraph 9 (A), the military job code (Army military occu- 10 pational specialty, Navy enlisted classification 11 or billet, Marine Corps military occupational 12 specialty, Air Force specialty code, or Coast 13 Guard rating). 14 ‘‘(G) A compilation of suicide data by mili- 15 tary job code to determine which military career 16 fields have a higher per capita suicide rate com- 17 pared to— 18 ‘‘(i) other military career fields for the 19 same time period; 20 ‘‘(ii) the overall suicide rate for each 21 Armed Force for the same time period; 22 ‘‘(iii) the overall suicide rate for the 23 Department of Defense for the same time 24 period; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 377 •S 4638 RS ‘‘(iv) the national suicide rate for the 1 same time period. 2 ‘‘(H) A disaggregation of suicide data by 3 age.’’. 4 SEC. 748. REPORT ON PLAN FOR TESTING FOR 5 HELICOBACTER PYLORI FOR CERTAIN MEM- 6 BERS OF THE ARMED FORCES. 7 (a) IN GENERAL.—Not later than 180 days after the 8 date of the enactment of this Act, the Secretary of Defense 9 shall submit to the Committees on Armed Services of the 10 Senate and the House of Representatives a report con- 11 taining a plan, cost estimate, and feasibility study for im- 12 plementing testing for helicobacter pylori (commonly 13 known as ‘‘H. pylori’’)— 14 (1) during accession physicals for the Armed 15 Forces; and 16 (2) for members of the Armed Forces— 17 (A) deployed to countries with high rates 18 of H. pylori; or 19 (B) subjected to crowded living conditions, 20 such as ship berthing. 21 (b) ELEMENTS.—The report required under sub- 22 section (a) shall include an estimate of costs for imple- 23 menting a program for conducting testing described in 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 378 •S 4638 RS subsection (a), which shall include testing for H. pylori 1 using breath and stool-based methods. 2 (c) CONSIDERATION OF EXPERTISE.—In preparing 3 the report required under subsection (a), the Secretary 4 may, and is encouraged to, seek the input and expertise 5 of physician experts, including gastroenterologists who 6 have expertise in— 7 (1) the field of H. pylori; 8 (2) the gastrointestinal diseases and disorders 9 that arise from H. pylori; or 10 (3) the screening and testing mechanisms for 11 those diseases and disorders. 12 SEC. 749. REPORT ON NON-COVERED EXPENSES RELATED 13 TO CANCER TREATMENTS FOR MEMBERS OF 14 THE ARMED FORCES AND THEIR DEPEND- 15 ENTS. 16 (a) IN GENERAL.—Not later than 270 days after the 17 date of the enactment of this Act, the Secretary of Defense 18 shall submit to the Committees on Armed Services of the 19 Senate and the House of Representatives a report evalu- 20 ating the feasibility of establishing a program to facilitate 21 access to supplementary insurance designed to help mem- 22 bers of the Armed Forces and their dependents with finan- 23 cial expenses not currently covered by existing programs 24 related to screening, diagnosis, and treatment of cancer. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 379 •S 4638 RS (b) ASSESSMENT OF EXPENSES NOT CURRENTLY 1 COVERED.—The report required by subsection (a) shall 2 include an assessment of expenses incurred by members 3 of the Armed Forces related to screening, diagnosis, and 4 treatment of cancer, that are not currently covered by ex- 5 isting benefits provided to members of the Armed Forces 6 and their dependents, including— 7 (1) adjustments to housing or vehicles; 8 (2) travel and lodging expenses; 9 (3) childcare expenses; 10 (4) potential gaps in insurance coverage; 11 (5) home healthcare and caretaker expenses; 12 (6) lost income for spouses due to caretaker re- 13 sponsibilities; and 14 (7) expenses associated with modified diets due 15 to chemotherapy and radiation treatment. 16 (c) REVIEW AND EXPLANATION OF COMMERCIAL IN- 17 SURANCE PRODUCTS.—The report required by subsection 18 (a) shall include a review and explanation of insurance 19 products designed to cover expenses associated with a sig- 20 nificant cancer diagnosis not ordinarily covered by tradi- 21 tional health insurance. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 380 •S 4638 RS TITLE VIII—ACQUISITION 1 POLICY 2 Subtitle A—Acquisition Policy and 3 Management 4 SEC. 801. MODIFICATIONS TO OTHER TRANSACTION AU- 5 THORITY. 6 Section 4022 of title 10, United States Code, is 7 amended— 8 (1) in subsection (a)— 9 (A) in paragraph (2)— 10 (i) in subparagraph (A), by striking 11 ‘‘senior procurement executive for the 12 agency as designated for the purpose of 13 section 1702(c) of title 41, or, for the De- 14 fense Advanced Research Projects Agency, 15 the Defense Innovation Unit, or the Missile 16 Defense Agency, the director of the agen- 17 cy’’ and inserting ‘‘head of contracting ac- 18 tivity’’; and 19 (ii) in subparagraph (B)(i), by strik- 20 ing ‘‘Under Secretary of Defense for Re- 21 search and Engineering or the Under Sec- 22 retary of Defense of Acquisition and 23 Sustainment’’ and inserting ‘‘senior pro- 24 curement executive for the agency as des- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 381 •S 4638 RS ignated for the purpose of section 1702(c) 1 of title 41, or, for the Defense Advanced 2 Research Projects Agency, the Defense In- 3 novation Unit, or the Missile Defense 4 Agency, the director of the agency’’; and 5 (B) by amending paragraph (3) to read as 6 follows: 7 ‘‘(3) The authority of the head of contracting activity 8 under paragraph (2)(A), and the authority of the senior 9 procurement executive or director of the Defense Ad- 10 vanced Research Projects Agency, the Defense Innovation 11 Unit, or the Missile Defense Agency under paragraph 12 (2)(B), may not be delegated.’’; and 13 (2) in subsection (i)(4)(A), by striking ‘‘Sep- 14 tember 30, 2025’’ and inserting ‘‘September 30, 15 2030’’. 16 SEC. 802. STREAMLINING OF MILESTONE A REQUIRE- 17 MENTS. 18 (a) STREAMLINING.— 19 (1) IN GENERAL.—Section 4251 of title 10, 20 United States Code, is amended— 21 (A) in the section heading, by striking 22 ‘‘DETERMINATION REQUIRED’’ and inserting 23 ‘‘FACTORS TO BE CONSIDERED’’; 24 (B) in subsection (a)(2)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 382 •S 4638 RS (i) by striking ‘‘the Secretary of the 1 military department concerned and the 2 Chief of the armed forces concerned concur 3 in’’; and 4 (ii) by inserting ‘‘do not overly con- 5 strain future trade space’’ after ‘‘with re- 6 gard to the program’’; 7 (C) by amending subsection (b) to read as 8 follows: 9 ‘‘(b) FACTORS TO BE CONSIDERED FOR MILESTONE 10 A APPROVAL.—A major defense acquisition program or 11 subprogram may not receive Milestone A approval or oth- 12 erwise be initiated prior to Milestone B approval until the 13 milestone decision authority confirms that the following 14 factors were considered in the decision to grant Milestone 15 A approval: 16 ‘‘(1) The program or subprogram fulfills an ap- 17 proved requirements document. 18 ‘‘(2) The program or subprogram has con- 19 ducted appropriate market research. 20 ‘‘(3) With respect to any identified areas of 21 risk, there is a plan to reduce the risk. 22 ‘‘(4) Planning for sustainment has been ad- 23 dressed. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 383 •S 4638 RS ‘‘(5) An analysis of alternatives has been per- 1 formed consistent with study guidance developed by 2 the Director of Cost Assessment and Program Eval- 3 uation, or in lieu of an analysis of alternatives, early 4 experimentation with a combatant commander has 5 been conducted. 6 ‘‘(6) A lifecycle cost estimate for the program 7 or subprogram has been submitted by the compo- 8 nent and that the level of resources required to com- 9 plete the technology maturation and risk reduction 10 phase of the program is sufficient for successful pro- 11 gram execution. 12 ‘‘(7) The program or subprogram meets any 13 other considerations the milestone decision authority 14 considers relevant.’’; 15 (D) by redesignating subsections (c) and 16 (d) as subsections (d) and (e), respectively; 17 (E) by inserting after subsection (b) the 18 following new subsection: 19 ‘‘(c) WRITTEN RECORD OF MILESTONE DECISION.— 20 The milestone decision authority shall issue a written 21 record of decision at the time that Milestone A approval 22 is granted. The record shall confirm compliance with sub- 23 section (b) and specifically state that the milestone deci- 24 sion authority considered the factors described in such 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 384 •S 4638 RS subsection prior to the decision to grant milestone ap- 1 proval. The milestone decision authority shall retain 2 records of the basis for the milestone decision.’’; 3 (F) in subsection (d), as redesignated by 4 subparagraph (D)— 5 (i) in paragraph (1)— 6 (I) in the paragraph heading, by 7 striking ‘‘BRIEF SUMMARY REPORT’’ 8 and inserting ‘‘NOTIFICATION’’; and 9 (II) by striking ‘‘a brief summary 10 report that contains the following ele- 11 ments’’ and all that follows through 12 the period at the end and inserting ‘‘a 13 written record of the milestone deci- 14 sion.’’; and 15 (ii) by amending paragraph (2) to 16 read as follows: 17 ‘‘(2) ADDITIONAL INFORMATION.—At the re- 18 quest of any of the congressional defense committees 19 or, in the case of intelligence or intelligence-related 20 activities, the congressional intelligence committees, 21 the milestone decision authority shall submit to the 22 committee an explanation of the basis for the deci- 23 sion to grant Milestone A approval with respect to 24 a major defense acquisition program or major sub- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 385 •S 4638 RS program, and make available all underlying docu- 1 mentation.’’; and 2 (G) in subsection (e), as so redesignated— 3 (i) in paragraph (1), by striking ‘‘ini- 4 tial capabilities document’’ and inserting 5 ‘‘requirements document’’; 6 (ii) by striking paragraphs (4), (6), 7 and (7); 8 (iii) by redesignating paragraphs (5) 9 and (8) as paragraphs (4) and (5), respec- 10 tively; and 11 (iv) by inserting after paragraph (5), 12 as so redesignated, the following new para- 13 graph: 14 ‘‘(6) The term ‘written record of milestone deci- 15 sion’, with respect to a major defense acquisition 16 program or a major subprogram, means a document 17 signed by the milestone decision authority that for- 18 malizes approved entry of the program or subpro- 19 gram into the next phase of the acquisition proc- 20 ess.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of subchapter III of chapter 23 322 of title 10, United States Code, is amended, in 24 the item relating to section 4251, by striking ‘‘deter- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 386 •S 4638 RS mination required’’ and inserting ‘‘factors to be con- 1 sidered’’. 2 (b) CONFORMING AMENDMENTS.—(1) Section 4272 3 of title 10, United States Code, is amended by striking 4 ‘‘risk assessments—’’ and all that follows through ‘‘(2) be- 5 fore any decision’’ and inserting ‘‘risk assessments before 6 any decision’’. 7 (2) Section 3221(b)(6)(A)(i) of title 10, United 8 States Code, is amended by striking ‘‘4251 or’’. 9 (3) Section 3222(a) of title 10, United States Code, 10 is amended— 11 (A) by striking ‘‘a milestone phase’’ and insert- 12 ing ‘‘the engineering and manufacturing develop- 13 ment phase, or production and deployment phase,’’; 14 and 15 (B) by striking ‘‘authority that—’’ and all that 16 follows through ‘‘(2) for the for the engineering and 17 manufacturing development phase, or production 18 and deployment phase, includes a cost estimate’’ and 19 inserting ‘‘authority that includes a cost estimate’’. 20 SEC. 803. STREAMLINING OF MILESTONE B REQUIRE- 21 MENTS. 22 (a) IN GENERAL.—Section 4252 of title 10, United 23 States Code, is amended— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 387 •S 4638 RS (1) in the section heading, by striking ‘‘cer- 1 tification required before’’ and inserting 2 ‘‘factors to be considered before’’; 3 (2) by striking subsections (d), (e), and (f); 4 (3) by redesignating subsections (a), (b), (c), 5 and (g), as subsections (b), (d), (e), and (f), respec- 6 tively; 7 (4) by inserting before subsection (b), as so re- 8 designated, the following new subsection: 9 ‘‘(a) RESPONSIBILITIES.—Before granting Milestone 10 B approval for a major defense acquisition program or 11 major subprogram, the milestone decision authority for 12 the program or subprogram shall ensure that— 13 ‘‘(1) information about the program or subpro- 14 gram is sufficient to warrant entry of the program 15 or subprogram into the engineering and manufac- 16 turing development phase; 17 ‘‘(2) appropriate trade-offs among cost, sched- 18 ule, technical feasibility, and performance objectives 19 have been made to ensure that the program or sub- 20 program is affordable when considering the per-unit 21 cost and the total life-cycle cost, and the Secretary 22 of the military department concerned and the Chief 23 of the armed force concerned concur with these 24 trade-offs; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 388 •S 4638 RS ‘‘(3) there are sound plans for progression of 1 the program or subprogram to the production 2 phase.’’; 3 (5) by amending subsection (b), as redesignated 4 by paragraph (3), to read as follows: 5 ‘‘(b) FACTORS TO BE CONSIDERED FOR MILESTONE 6 B APPROVAL.—A major defense acquisition program or 7 major subprogram may not receive Milestone B approval 8 until the milestone decision authority confirms the fol- 9 lowing factors were considered in the decision to grant 10 Milestone B approval: 11 ‘‘(1) The program or subprogram has an ap- 12 proved systems engineering plan. 13 ‘‘(2) The technology in the program or subpro- 14 gram has been demonstrated in a relevant environ- 15 ment. 16 ‘‘(3) Appropriate trade-offs among cost, sched- 17 ule, technical feasibility, and performance objectives 18 have been made to ensure that the program is af- 19 fordable when considering the per unit cost and the 20 total life-cycle cost. 21 ‘‘(4) Reasonable lifecycle cost and schedule esti- 22 mates have been developed to execute, with the con- 23 currence of the Director of Cost Assessment and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 389 •S 4638 RS Program Evaluation, the plan under the program or 1 subprogram. 2 ‘‘(5) The estimated procurement unit cost for 3 the program or subprogram and the estimated date 4 for initial operational capability for the baseline de- 5 scription for the program or subprogram (under sec- 6 tion 4214 of this title) have been established. 7 ‘‘(6) Funding is expected to be available to exe- 8 cute the product development and production plan 9 for the program or subprogram, consistent with the 10 estimates described in paragraph (4) for the pro- 11 gram or subprogram. 12 ‘‘(7) Appropriate market research, including of 13 commercial products and services, has been con- 14 ducted prior to technology development. 15 ‘‘(8) The Department of Defense has completed 16 an analysis of alternatives with respect to the pro- 17 gram or subprogram, or in lieu of an analysis of al- 18 ternatives, early experimentation with a combatant 19 commander has been conducted. 20 ‘‘(9) The Joint Requirements Oversight Council 21 has reviewed the operational requirements for the 22 program or subprogram. 23 ‘‘(10) Life-cycle sustainment planning has iden- 24 tified and evaluated sustainment cost elements, fac- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 390 •S 4638 RS tors, risks, and gaps that are likely to drive future 1 operations and support costs or identify changes to 2 system design that could reduce costs. 3 ‘‘(11) An estimate has been made of the re- 4 quirements for core logistics capabilities and the as- 5 sociated sustaining workloads required to support 6 such requirements. 7 ‘‘(12) The program or subprogram complies 8 with all relevant policies, regulations, and directives 9 of the Department of Defense. 10 ‘‘(13) Appropriate actions are planned for the 11 acquisition of technical data required to support the 12 program or subprogram. 13 ‘‘(14) The program or subprogram has an ap- 14 proved life-cycle sustainment plan required under 15 section 4324(b) of this title. 16 ‘‘(15) In the case of a naval vessel program or 17 subprogram, such program or subprogram is in com- 18 pliance with the requirements of section 8669b of 19 this title.’’; 20 (6) by inserting after subsection (b), as redesig- 21 nated by paragraph (3), the following new sub- 22 section: 23 ‘‘(c) WRITTEN RECORD OF MILESTONE DECISION.— 24 The milestone decision authority shall issue a written 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 391 •S 4638 RS record of decision at the time that Milestone B approval 1 is granted. The record shall confirm compliance with sub- 2 section (b) and specifically state that the milestone deci- 3 sion authority considered the factors described in sub- 4 section (b) prior to the decision to grant milestone ap- 5 proval. The milestone decision authority shall retain 6 records of the basis for the milestone decision.’’; 7 (7) in subsection (d), as redesignated by para- 8 graph (3) of this subsection— 9 (A) in the subsection heading, by striking 10 ‘‘CERTIFICATIONS OR DETERMINATION’’ and 11 inserting ‘‘BASIS FOR MILESTONE APPROVAL’’; 12 (B) in paragraph (1)— 13 (i) in the matter preceding subpara- 14 graph (A), by striking ‘‘certifications or a 15 determination under subsection (a)’’ and 16 inserting ‘‘a written record of the mile- 17 stone decision under subsection (c)’’; 18 (ii) in subparagraph (A)— 19 (I) by striking ‘‘certifications or 20 determination of the milestone deci- 21 sion authority’’ and inserting ‘‘deci- 22 sion of the milestone decision author- 23 ity’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 392 •S 4638 RS (II) by striking ‘‘certifications or 1 determination specified in paragraph 2 (1), (2), or (3) of subsection (a)’’ and 3 inserting ‘‘decision specified in sub- 4 section (b)’’; and 5 (iii) in subparagraph (B), by striking 6 ‘‘certifications or determination’’ and in- 7 serting ‘‘decision’’; and 8 (C) in paragraph (2)— 9 (i) by striking ‘‘withdraw the certifi- 10 cations or determination concerned or’’; 11 and 12 (ii) by striking ‘‘certifications, deter- 13 minations, or approval are’’ and inserting 14 ‘‘approval is’’; 15 (8) by amending subsection (e), as redesignated 16 by paragraph (3), to read as follows: 17 ‘‘(e) SUBMISSIONS TO CONGRESS ON MILESTONE 18 B.— 19 ‘‘(1) NOTIFICATION.—Not later than 15 days 20 after granting Milestone B approval for a major de- 21 fense acquisition program or major subprogram, the 22 milestone decision authority for the program or sub- 23 program shall provide to the congressional defense 24 committees and, in the case of intelligence or intel- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 393 •S 4638 RS ligence-related activities, the congressional intel- 1 ligence committees a written record of the milestone 2 decision. 3 ‘‘(2) ADDITIONAL INFORMATION.—(A) At the 4 request of any of the congressional defense commit- 5 tees or, in the case of intelligence or intelligence-re- 6 lated activities, the congressional intelligence com- 7 mittees, the milestone decision authority shall sub- 8 mit to the committee an explanation of the basis for 9 the decision to grant Milestone B approval with re- 10 spect to a major defense acquisition program or 11 major subprogram, and make available all under- 12 lying documentation. 13 ‘‘(B) The explanation or additional information 14 shall be submitted in unclassified form, but may in- 15 clude a classified annex.’’; and 16 (9) in subsection (f), as redesignated by para- 17 graph (3)— 18 (A) by striking paragraphs (4) and (5); 19 (B) by redesignating paragraph (6) as 20 paragraph (4); and 21 (C) by adding at the end the following new 22 paragraph: 23 ‘‘(5) The term ‘written record of milestone deci- 24 sion’, with respect to a major defense acquisition 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 394 •S 4638 RS program or a major subprogram, means a document 1 signed by the milestone decision authority that for- 2 malizes approved entry of the program or subpro- 3 gram into the next phase of the acquisition proc- 4 ess.’’. 5 (b) CLERICAL AMENDMENT.—The table of sections 6 at the beginning of subchapter III of chapter 322 of title 7 10, United States Code, is amended, in the item relating 8 to section 4252, by striking ‘‘certification required before’’ 9 and inserting ‘‘factors to be considered before’’. 10 SEC. 804. MODIFICATION OF MAJOR DEFENSE ACQUISITION 11 PROGRAM DEFINITION. 12 Section 4201(a) of title 10, United States Code, is 13 amended— 14 (1) by striking ‘‘is not a highly sensitive classi- 15 fied program (as determined by the Secretary of De- 16 fense) and’’; 17 (2) in paragraph (1), by striking ‘‘that is des- 18 ignated’’ and inserting ‘‘is designated’’; and 19 (3) in paragraph (2), by striking ‘‘that is esti- 20 mated’’ and inserting ‘‘is estimated’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 395 •S 4638 RS SEC. 805. MIDDLE TIER OF ACQUISITION FOR RAPID 1 PROTOTYPING AND RAPID FIELDING. 2 (a) IN GENERAL.—Chapter 253 of title 10, United 3 States Code, is amended by adding at the end the fol- 4 lowing new section: 5 ‘‘§ 3602. Middle tier of acquisition for rapid proto- 6 typing and rapid fielding 7 ‘‘(a) GUIDANCE REQUIRED.—The Under Secretary of 8 Defense for Acquisition and Sustainment, in consultation 9 with the Comptroller of the Department of Defense and 10 the Vice Chairman of the Joint Chiefs of Staff, shall es- 11 tablish guidance for a ‘middle tier’ of acquisition programs 12 that are intended to be completed in a period of two to 13 five years. 14 ‘‘(b) ACQUISITION PATHWAYS.—The guidance re- 15 quired by subsection (a) shall cover the following two ac- 16 quisition pathways: 17 ‘‘(1) RAPID PROTOTYPING.—The rapid proto- 18 typing pathway shall provide for the use of innova- 19 tive technologies to rapidly develop fieldable proto- 20 types to demonstrate new capabilities and meet 21 emerging military needs. The objective of an acquisi- 22 tion program under this pathway shall be to field a 23 prototype that can be demonstrated in an oper- 24 ational environment and provide for a residual oper- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 396 •S 4638 RS ational capability within five years of the develop- 1 ment of an approved requirement. 2 ‘‘(2) RAPID FIELDING.—The rapid fielding 3 pathway shall provide for the use of proven tech- 4 nologies to field production quantities of new or up- 5 graded systems with minimal development required. 6 The objective of an acquisition program under this 7 pathway shall be to begin production within six 8 months and complete fielding within five years of the 9 development of an approved requirement. 10 ‘‘(c) EXPEDITED PROCESS.— 11 ‘‘(1) IN GENERAL.—The guidance required by 12 subsection (a) shall provide for a streamlined and 13 coordinated requirements, budget, and acquisition 14 process that results in the development of an ap- 15 proved requirement for each program in a period of 16 not more than six months from the time that the 17 process is initiated. Programs that are subject to the 18 guidance shall not be subject to the Joint Capabili- 19 ties Integration and Development System Manual 20 and Department of Defense Directive 5000.01. 21 ‘‘(2) RAPID PROTOTYPING.—With respect to 22 the rapid prototyping pathway, the guidance shall 23 include— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 397 •S 4638 RS ‘‘(A) a merit-based process for the consid- 1 eration of innovative technologies and new ca- 2 pabilities to meet needs communicated by the 3 Joint Chiefs of Staff and the combatant com- 4 manders; 5 ‘‘(B) a process for developing and imple- 6 menting acquisition and funding strategies for 7 the program; 8 ‘‘(C) a process for demonstrating and eval- 9 uating the performance of fieldable prototypes 10 developed pursuant to the program in an oper- 11 ational environment; and 12 ‘‘(D) a process for transitioning successful 13 prototypes to new or existing acquisition pro- 14 grams for production and fielding under the 15 rapid fielding pathway or the traditional acqui- 16 sition system, or for iterating within the rapid 17 prototyping pathway using a process provided 18 pursuant to paragraph (4)(F). 19 ‘‘(3) RAPID FIELDING.—With respect to the 20 rapid fielding pathway, the guidance shall include— 21 ‘‘(A) a merit-based process for the consid- 22 eration of existing products and proven tech- 23 nologies to meet needs communicated by the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 398 •S 4638 RS Joint Chiefs of Staff and the combatant com- 1 manders; 2 ‘‘(B) a process for demonstrating perform- 3 ance and evaluating for current operational 4 purposes the proposed products and tech- 5 nologies; 6 ‘‘(C) a process for developing and imple- 7 menting acquisition and funding strategies for 8 the program; 9 ‘‘(D) a process for considering lifecycle 10 costs and addressing issues of logistics support 11 and system interoperability; and 12 ‘‘(E) a process for identifying and exploit- 13 ing opportunities to use the rapid fielding path- 14 way to reduce total ownership costs. 15 ‘‘(4) STREAMLINED PROCEDURES.—The guid- 16 ance for the programs shall provide for any of the 17 following streamlined procedures: 18 ‘‘(A) The service acquisition executive of 19 the military department concerned shall appoint 20 a program manager for such program from 21 among candidates from among civilian employ- 22 ees or members of the armed forces who have 23 significant and relevant experience managing 24 large and complex programs. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 399 •S 4638 RS ‘‘(B) The program manager of a defense 1 streamlined program shall be provided staff po- 2 sitions for a technical staff, including experts in 3 business management, cost estimation, con- 4 tracting, auditing, engineering, certification, 5 testing, certification, and logistics, to enable the 6 manager to manage the program without the 7 technical assistance of another organizational 8 unit of an agency to the maximum extent prac- 9 ticable. 10 ‘‘(C) The program manager of a defense 11 streamlined program shall be authorized, in co- 12 ordination with the users of the equipment and 13 capability to be acquired and the test commu- 14 nity, to make trade-offs among life-cycle costs, 15 requirements, and schedules to meet the goals 16 of the program. 17 ‘‘(D) The service acquisition executive, act- 18 ing in coordination with the defense acquisition 19 executive, shall serve as the decision authority 20 for the program, or delegate decision authority 21 at their discretion. 22 ‘‘(E) The program manager of a defense 23 streamlined program shall be provided a process 24 to expeditiously seek a waiver from any regu- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 400 •S 4638 RS latory requirement, or in the case of a statutory 1 requirement, a waiver from Congress, that the 2 program manager determines adds cost, sched- 3 ule, or performance delays with little or no 4 value to the management of the program. 5 ‘‘(F) Service acquisition executives shall 6 develop an expedited review process to permit 7 continuous iterative prototyping and fielding cy- 8 cles under the same program provided oper- 9 ational capability is fielded within every five- 10 year period.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of chapter 253 of title 10, United States 13 Code, is amended by inserting after the item relating to 14 section 3601 the following new item: 15 ‘‘3602. Middle tier of acquisition for rapid prototyping and rapid fielding.’’. (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 16 804 of the National Defense Authorization Act for Fiscal 17 Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note 18 prec.) is repealed. 19 SEC. 806. ADVISORY PANEL ON THE REQUIREMENTS PROC- 20 ESS OF THE DEPARTMENT OF DEFENSE. 21 (a) ESTABLISHMENT.—Not later than 90 days after 22 the date of the enactment of this Act, the Secretary of 23 Defense shall establish and maintain within the Depart- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 401 •S 4638 RS ment of Defense an advisory panel on streamlining the 1 requirements process of the Department of Defense. 2 (b) MEMBERSHIP.—The advisory panel shall consist 3 of not more than 10 members, four of which are to be 4 appointed by the Secretary of Defense, and two each by 5 the Secretaries of the military departments who have expe- 6 rience in matters relating to the Joint Capabilities Inte- 7 gration and Development System (JCIDS) process of the 8 Department of Defense or innovative requirements and 9 product development methods of the private sector. In 10 making appointments to the advisory panel, the Secretary 11 shall ensure that the members of the panel reflect diverse 12 experiences in the public and private sectors. 13 (c) DUTIES.— 14 (1) IN GENERAL.—The advisory panel shall ad- 15 vise the Secretary of Defense on the effectiveness of 16 the requirements process and develop options for re- 17 form. 18 (2) BASIS FOR PROVISION OF ADVICE.—For 19 purposes of providing advice to the Secretary pursu- 20 ant to this subsection, the advisory panel shall— 21 (A) review and synthesize existing research 22 on requirements reform and provide an evalua- 23 tion of the recommendations specified in extant 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 402 •S 4638 RS research for modernizing the requirements proc- 1 ess, including— 2 (i) publications by discretionary advi- 3 sory committees established by the Depart- 4 ment of Defense; 5 (ii) federally funded research and de- 6 velopment centers; 7 (iii) independent, non-governmental 8 institutes described in section 501(c)(3) of 9 the Internal Revenue Code of 1986; and 10 (iv) other entities that have subject 11 matter expertise; 12 (B) examine the effectiveness of the Joint 13 Capabilities Integration and Development Sys- 14 tem process, and adjacent practices of the De- 15 partment of Defense, particularly with respect 16 to facilitating defense modernization; 17 (C) examine alternative requirements proc- 18 esses of the Department of Defense, includ- 19 ing— 20 (i) the Joint Urgent Operational 21 Needs Statement and Joint Emergent 22 Operational Needs Statement associated 23 with the Urgent Acquisition Pathway; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 403 •S 4638 RS (ii) the rapid processes for validating 1 requirements for the Middle Tier of Acqui- 2 sition Pathway; and 3 (iii) the User Agreement and Capa- 4 bility Needs Statement associated with the 5 Software Acquisition Pathway; 6 (D) consider potential alternatives to re- 7 quirements processes and practices to maximize 8 the ability of the Department of Defense to re- 9 spond in a timely manner to current and future 10 threats; and 11 (E) make legislative and policy rec- 12 ommendations to improve processes and prac- 13 tices to field the operational capabilities nec- 14 essary to outpace near-peer competitors, provide 15 data and analytical insight, and support an in- 16 tegrated budget that is aligned with the most 17 recent National Defense Strategy. 18 (d) ADMINISTRATIVE MATTERS.—The Secretary of 19 Defense shall provide the advisory panel established pur- 20 suant to subsection (a) with timely access to appropriate 21 information, data, resources, and analysis so that the advi- 22 sory panel may conduct a thorough and independent as- 23 sessment as required under such subsection. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 404 •S 4638 RS (e) ANNUAL REPORTS.—Not later than March 30, 1 2025, and annually thereafter, the advisory panel shall 2 submit to the Secretary of Defense and the Committees 3 on Armed Services of the Senate and the House of Rep- 4 resentatives a report describing the results of the activities 5 of the advisory panel pursuant to this section during the 6 preceding year. 7 (f) TERMINATION.—The advisory panel shall termi- 8 nate on the date that is three years after the date of the 9 establishment of the advisory panel pursuant to subsection 10 (a). 11 SEC. 807. MODIFICATION TO SUBMISSION OF CERTIFIED 12 COST OR PRICING DATA. 13 Section 3705(b)(2)(B) of title 10, United States 14 Code, is amended by striking ‘‘may include a notation on 15 such offerors in the system used by the Federal Govern- 16 ment to monitor or record contractor past performance’’ 17 and inserting ‘‘shall include an entry on such offerors in 18 the Federal Awardee Performance and Integrity Informa- 19 tion System within the System for Award Management’’. 20 SEC. 808. AUTONOMOUS SYSTEM ACQUISITION PATHWAYS. 21 (a) PREFERENCE.—The Secretary of Defense shall 22 ensure that, to the maximum extent practicable, acquisi- 23 tion programs of the Department of Defense for autono- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 405 •S 4638 RS mous unmanned aerial systems utilize separate, parallel 1 acquisition pathways for hardware and software. 2 (b) IMPLEMENTATION.—The Secretary of Defense 3 shall ensure that the acquisition decision authority, with 4 respect to the acquisition of autonomous unmanned aerial 5 systems and to the maximum extent practicable— 6 (1) utilize the appropriate software acquisition 7 and development pathway as created under section 8 800 of the National Defense Authorization Act for 9 Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 10 4571 note); 11 (2) reduce duplicative, overlapping, and unnec- 12 essary documentation for the parallel acquisition 13 pathways and manage the pathways as a single ac- 14 quisition program; 15 (3) include requirements for containerization of 16 software and an architecture enabling microservices; 17 and 18 (4) for the acquisition of both hardware and 19 software components of such programs, adhere to 20 the commercial preference requirements established 21 in section 3453 of title 10, United States Code. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 406 •S 4638 RS SEC. 809. DESIGNATION OF PROGRAM EXECUTIVE OFFICE 1 FOR ACQUISITION OF OPEN-SOURCE INTEL- 2 LIGENCE TOOLS FOR ARMY. 3 (a) IN GENERAL.—The Secretary of the Army may 4 designate an existing program executive office within the 5 Army to be responsible for the acquisition of open-source 6 intelligence tools. 7 (b) RESPONSIBILITIES.—If the Secretary designates 8 an existing program office under subsection (a), that office 9 shall be responsible for the selection, procurement, and 10 evaluation of open-source intelligence tools for the Army. 11 (c) OPEN-SOURCE INTELLIGENCE TOOLS DE- 12 FINED.—In this section, the term ‘‘open-source intel- 13 ligence tools’’ has the meaning given that term in section 14 430b(d) of title 10, United States Code. 15 SEC. 810. ENSURING COMPETITION IN ARTIFICIAL INTEL- 16 LIGENCE PROCUREMENT. 17 (a) DEFINITIONS.—In this section: 18 (1) ARTIFICIAL INTELLIGENCE; AI.—The terms 19 ‘‘artificial intelligence’’ and ‘‘AI’’ have the meaning 20 given the term ‘‘artificial intelligence’’ in section 21 5002 of the National Artificial Intelligence Initiative 22 Act of 2020 (15 U.S.C. 9401). 23 (2) CLOUD COMPUTING.—The term ‘‘cloud 24 computing’’ has the meaning given the term in Spe- 25 cial Publication 800–145 of the National Institute of 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 407 •S 4638 RS Standards and Technology, or any successor docu- 1 ment. 2 (3) CLOUD PROVIDER.—The term ‘‘cloud pro- 3 vider’’ means any company engaged in the provision, 4 sale, or licensing of cloud computing to customers, 5 including individuals and businesses. 6 (4) COVERED PROVIDER.—The term ‘‘covered 7 provider’’ means any cloud provider or foundation 8 model provider that has entered into contracts with 9 the Department of Defense totaling at least 10 $50,000,000 in any of the 5 previous fiscal years. 11 (5) DUAL-USE FOUNDATION MODEL.—The term 12 ‘‘dual-use foundation model’’ means an artificial in- 13 telligence model that— 14 (A)(i) is trained on broad data; 15 (ii) generally uses self-supervision; 16 (iii) contains at least 1,000,000,000 pa- 17 rameters; and 18 (iv) is applicable across a wide range of 19 contexts; or 20 (B) exhibits, or could be easily modified to 21 exhibit, high levels of performance at tasks that 22 pose a serious risk to security, national eco- 23 nomic security, national public health, or safety. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 408 •S 4638 RS (6) FOUNDATION MODEL DEVELOPER.—The 1 term ‘‘foundation model developer’’ means any com- 2 pany engaged in the provision, sale, or licensing of 3 foundation models to customers, including individ- 4 uals and businesses. 5 (7) MULTI-CLOUD TECHNOLOGY.—The term 6 ‘‘multi-cloud technology’’ means architecture and 7 services that allow for data, application, and pro- 8 gram portability, usability, and interoperability be- 9 tween infrastructure, platforms, and hosted applica- 10 tions of multiple cloud providers and between public, 11 private, and edge cloud environments in a manner 12 that securely delivers operational and management 13 consistency, comprehensive visibility, and resiliency. 14 (b) CLOUD PROCUREMENT REQUIREMENT.—The 15 Secretary of Defense shall, in contracting provisions with 16 cloud providers, promote security and competition in the 17 procurement of cloud computing by requiring a competi- 18 tive award process for each procurement of cloud com- 19 puting services. The competitive process should prioritize 20 security and interoperability requirements. Multi-cloud 21 technology should be considered where feasible and advan- 22 tageous. 23 (c) DATA TRAINING AND USE PROTECTION.—The 24 Secretary of Defense shall update or promulgate provi- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 409 •S 4638 RS sions of the Defense Federal Acquisition Regulations Sup- 1 plement to ensure that— 2 (1) Government-furnished data, provided for 3 purposes of development and operation of AI prod- 4 ucts and services to the Department of Defense, is 5 not disclosed or used without proper authorization 6 by the Department of Defense; 7 (2) Government-furnished data stored on ven- 8 dor systems, provided for purposes of development 9 and operation of AI products and services to the De- 10 partment of Defense, is appropriately protected from 11 other data on such systems; 12 (3) violation of these provisions shall be subject 13 to specific penalties, including fines and contract ter- 14 mination; and 15 (4) component acquisition executives may issue 16 exemptions upon— 17 (A) determining that issuing an exemption 18 is not inconsistent with national security; and 19 (B) notifying the Chief Digital and Artifi- 20 cial Intelligence Officer of the specific provi- 21 sions exempted, the vendor and program being 22 issued the exemption, and the justification for 23 the exemption. 24 (d) REPORTING.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 410 •S 4638 RS (1) IN GENERAL.—Not later than January 15, 1 2026, and annually thereafter for four years, the 2 Chairman of the Joint Chiefs of Staff, in coordina- 3 tion with the Under Secretary of Defense for Acqui- 4 sition and Sustainment, shall submit to the congres- 5 sional defense committees a report assessing the 6 competition, innovation, barriers to entry, and con- 7 centrations of market power or market share in the 8 AI space for each period covered by the report. The 9 report shall also include recommendations of appro- 10 priate legislative and administrative action. 11 (2) PUBLICATION.—The Secretary of Defense, 12 acting through the Assistant to the Secretary of De- 13 fense for Public Affairs, shall ensure that the report 14 is made available to the public by— 15 (A) posting a publicly releasable version of 16 the report on a website of the Department of 17 Defense; and 18 (B) upon request, transmitting the report 19 by other means, as long as such transmission is 20 at no cost to the Department. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 411 •S 4638 RS SEC. 811. PROHIBITION ON THE TRANSFER OF CERTAIN 1 DATA ON EMPLOYEES OF THE DEPARTMENT 2 OF DEFENSE TO THIRD PARTIES. 3 (a) EXPANSION OF PROTECTIONS.—Subsection 4 (c)(1) of section 4662 of title 10, United States Code, is 5 amended by striking ‘‘obtained by’’ and all that follows 6 through the period at the end and inserting ‘‘obtained by 7 a contractor or subcontractor described in subsection 8 (a).’’. 9 (b) WAIVER AUTHORITY.—Subsection (b) of such 10 section is amended to read as follows: 11 ‘‘(b) WAIVER.—(1) The Secretary of Defense may 12 waive the requirements of subsection (a) with respect to 13 a sale, licensing, or other transfer of covered individually 14 identifiable Department employee data on a case-by-case 15 basis as may be necessary in the interest of national secu- 16 rity if the Secretary determines that such waiver poses a 17 minimal threat to the privacy of Department of Defense 18 employees. The Secretary of Defense may not delegate the 19 authority under this subsection to an official who has not 20 been Presidentially appointed and confirmed by the Sen- 21 ate. 22 ‘‘(2)(A) Not later than January 15, 2026, and annu- 23 ally thereafter for four years, the Chairman of the Joint 24 Chiefs of Staff, in coordination with the Under Secretary 25 of Defense for Acquisition and Sustainment, shall submit 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 412 •S 4638 RS to the congressional defense committees a report on the 1 use of the authority under this subsection for the fiscal 2 year preceding the date of submission of the report. The 3 report shall include, for each use of the waiver— 4 ‘‘(i) the specific justification for providing the 5 waiver; 6 ‘‘(ii) an identification of the contractor or sub- 7 contractor that is the subject of the waiver request; 8 and 9 ‘‘(iii) an identification of the purpose of the 10 sale, licensing, or transfer that is the subject of the 11 waiver request. 12 ‘‘(B) The Secretary of Defense, acting through the 13 Assistant to the Secretary of Defense for Public Affairs, 14 shall ensure that the report is made available to the public 15 by— 16 ‘‘(i) posting the report on a publicly accessible 17 Internet website of the Department of Defense; and 18 ‘‘(ii) upon request, transmitting the report by 19 other means, as long as such transmission is at no 20 cost to the Department.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 413 •S 4638 RS Subtitle B—Amendments to Gen- 1 eral Contracting Authorities, 2 Procedures, and Limitations 3 SEC. 821. LIMITATION ON CERTAIN OPTIONS FOR COST 4 CONTRACTS. 5 (a) AMENDMENTS.—Section 3322 of title 10, United 6 States Code, is amended by adding at the end the fol- 7 lowing new subsection: 8 ‘‘(d) LIMITATION ON CERTAIN OPTIONS.— 9 ‘‘(1) IN GENERAL.—The contracting officer 10 shall limit the number of low-rate initial production 11 lots to not more than one for any production quan- 12 tities procured using fixed priced-type options on a 13 covered contract. 14 ‘‘(2) WAIVER.—The limitation in paragraph (1) 15 may be waived on a case-by-case basis by the con- 16 cerned service acquisition executive or by the Sec- 17 retary of Defense if the program is a joint program. 18 In any case, this waiver authority shall not be dele- 19 gated below the level of a service acquisition execu- 20 tive. 21 ‘‘(3) DEFINITIONS.—In this subsection: 22 ‘‘(A) The term ‘covered contract’ means a 23 cost reimbursement-type contract for the devel- 24 opment of a major system. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 414 •S 4638 RS ‘‘(B) The term ‘development’ shall have 1 the same meaning as in section 4001 of title 2 10, United States Code. 3 ‘‘(C) The term ‘low-rate initial production’ 4 shall have the same meaning as in section 4231 5 of title 10, United States Code. 6 ‘‘(D) The term ‘major system’ shall have 7 the same meaning as in section 3041 of title 8 10, United States Code.’’. 9 (b) CONFORMING REGULATIONS.—Not later than 10 120 days after the date of the enactment of this Act, the 11 Secretary of Defense shall revise the Department of De- 12 fense Supplement to the Federal Acquisition Regulation 13 to conform with subsection (d) of section 3322 of title 10, 14 United States Code, as added by subsection (a) of this 15 section. 16 SEC. 822. TREATMENT OF UNILATERAL DEFINITIZATION OF 17 A CONTRACT AS A FINAL DECISION. 18 Section 3372(b) of title 10, United States Code, is 19 amended— 20 (1) by redesignating paragraphs (1) through 21 (3) as subparagraphs (A) through (C), respectively, 22 and moving such subparagraphs, as so redesignated, 23 2 ems to the right; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 415 •S 4638 RS (2) by striking ‘‘OFFICER.—With respect to’’ 1 and inserting the following: ‘‘OFFICER.— 2 ‘‘(1) IN GENERAL.—With respect to’’; and 3 (3) by adding at the end the following new 4 paragraph: 5 ‘‘(2) TREATMENT OF UNILATERAL 6 DEFINITIZATION OF A CONTRACT AS A FINAL DECI- 7 SION.—A unilateral definitization by a contracting 8 officer shall be considered a final decision under 9 chapter 71 of title 41, and a contractor may appeal 10 this decision at the Armed Services Board of Con- 11 tract Appeals or the United States Court of Federal 12 Claims.’’. 13 SEC. 823. UPDATES TO EARNED VALUE MANAGEMENT SYS- 14 TEM REQUIREMENTS. 15 Section 827(a) of the National Defense Authorization 16 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 17 note prec. 4601) is amended— 18 (1) by striking ‘‘date of the enactment of this 19 Act’’ and inserting ‘‘date of the enactment of the 20 National Defense Authorization Act for Fiscal Year 21 2025’’; and 22 (2) by striking paragraphs (2) and (3) and in- 23 serting the following: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 416 •S 4638 RS ‘‘(2) increase the contract value threshold asso- 1 ciated with earned value management system re- 2 quirements for cost contracts or incentive contracts 3 from $20,000,000 to $50,000,000; and 4 ‘‘(3) increase the contract value threshold asso- 5 ciated requiring a defense contractor to use an ap- 6 proved earned value management system from 7 $50,000,000 to $100,000,000’’. 8 SEC. 824. PILOT PROGRAM ON CAPABILITY-BASED ANAL- 9 YSIS OF PRICE OF GOODS OR SERVICES OF- 10 FERED BY NONTRADITIONAL DEFENSE CON- 11 TRACTORS. 12 (a) PILOT PROGRAM.—The head of an agency may 13 use alternative capability-based analysis to determine 14 whether the proposed price or fee for a commercial prod- 15 uct or commercial service offered by a nontraditional de- 16 fense contractor (as that term is defined in section 3014 17 of title 10, United States Code) is fair and reasonable. 18 (b) REPORT.—Not later than February 1, 2028, the 19 Under Secretary of Defense for Acquisition and 20 Sustainment shall submit to the Committees on Armed 21 Services of the Senate and the House of Representatives 22 a report evaluating the pilot program established under 23 subsection (a), including the following elements: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 417 •S 4638 RS (1) A summary of activities conducted because 1 of the inclusion of alternative capability-based anal- 2 ysis into the evaluation of proposals offered by non- 3 traditional contractors, including specific examples. 4 (2) An analysis of the effectiveness of the pilot 5 program in increasing nontraditional defense con- 6 tractor participation in the defense industrial base 7 and in increasing access by the Department of De- 8 fense to new technologies or capabilities. 9 (3) Recommendations on— 10 (A) the continuation of the pilot program; 11 (B) changes to existing law; and 12 (C) the expansion of the program to in- 13 clude other contractors. 14 (c) SUNSET.—The authority under subsection (a) 15 shall expire on September 30, 2029. 16 (d) ALTERNATIVE CAPACITY-BASED ANALYSIS DE- 17 FINED.—In this section, the term ‘‘alternative capability- 18 based analysis’’ means an analysis of the value to the Fed- 19 eral Government of a commercial product or commercial 20 service that considers one or more of the following ele- 21 ments: 22 (1) The fitness of the product or service for the 23 particular purpose such product or service is being 24 procured. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 418 •S 4638 RS (2) The unique nature of, technical expertise re- 1 quired to produce or provide, and the non-Federal 2 resources expended to develop such product or serv- 3 ice. 4 (3) The business model or financial projections 5 of the nontraditional defense contractor, commensu- 6 rate with the scale of the potential investment by the 7 Secretary of Defense, which may include cost infor- 8 mation, self-funded risk, financial projections, ex- 9 penditure rates, estimates of total sales market, and 10 other financial, technical, or management data. 11 (4) The estimated total cost avoidance or in- 12 creased capacity afforded by the offered product or 13 service in relation to current and future costs of pro- 14 grams and operations that provide the same or simi- 15 lar capabilities. 16 (5) Input from the military user on the poten- 17 tial value added by the improved capabilities or pro- 18 duction processes. 19 SEC. 825. EXTENSION OF THE PILOT PROGRAM FOR 20 STREAMLINING AWARDS FOR INNOVATIVE 21 TECHNOLOGY PROJECTS. 22 Section 873 of the National Defense Authorization 23 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 24 3702 note) is amended— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 419 •S 4638 RS (1) in subsection (a)(2), by inserting ‘‘, a multi- 1 year procurement as defined by section 3501 of title 2 10, United States Code, a block buy or multi-ship 3 buy authorized by Congress, or the’’ after ‘‘Small 4 Business Innovation Research Program’’; and 5 (2) in subsection (f), by striking ‘‘October 1, 6 2024’’ and inserting ‘‘October 1, 2029’’. 7 SEC. 826. USE OF FIXED-PRICE TYPE CONTRACTS FOR CER- 8 TAIN SHIPBUILDING PROGRAMS. 9 Section 818 of the John Warner National Defense 10 Authorization Act for Fiscal Year 2007 (Public Law 109– 11 364; 120 Stat. 2329) is amended by adding at the end 12 the following new subsection: 13 ‘‘(g) CONDITIONS WITH RESPECT TO CERTAIN SHIP- 14 BUILDING CONTRACTS.— 15 ‘‘(1) IN GENERAL.—The number of fixed price 16 ships awarded on a contract for the procurement of 17 shipbuilding associated with a major defense acquisi- 18 tion program may not be more than two if— 19 ‘‘(A) the milestone decision authority au- 20 thorizes the use of a fixed-price type contract at 21 the time of a decision on Milestone B approval; 22 and 23 ‘‘(B) the scope of the work of the fixed- 24 price type contract includes both the detail de- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 420 •S 4638 RS sign and construction of items for such major 1 defense acquisition program. 2 ‘‘(2) WAIVER.—The limitation in paragraph (1) 3 may be waived by the Secretary concerned if written 4 notification of a granted waiver, including certifi- 5 cation that basic and functional design are complete, 6 is provided to the congressional defense committees 7 not later than 30 days after issuance of the waiver. 8 ‘‘(3) DEFINITIONS.—In this subsection: 9 ‘‘(A) BASIC AND FUNCTIONAL DESIGN.— 10 The term ‘basic and functional design’ has the 11 meaning provided in section 8669c(c)(1) of title 12 10, United States Code. 13 ‘‘(B) CONSTRUCTION.—The term ‘con- 14 struction’ means steel cutting and block fabrica- 15 tion, assembly, and outfitting of blocks, keel 16 laying, and block erection supporting the launch 17 and eventual delivery of a completed ship. 18 ‘‘(C) DETAIL DESIGN.—The term ‘detail 19 design’ means the finalization of design using 20 3D modeling to enable the generation of work 21 instructions for each block of the ship. These 22 work instructions show detailed system informa- 23 tion and support construction, including guid- 24 ance for subcontractors and suppliers, installa- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 421 •S 4638 RS tion drawings, schedules, material lists, and 1 lists of prefabricated materials and parts.’’. 2 SEC. 827. MODIFICATIONS TO COMMERCIAL PRODUCT AND 3 COMMERCIAL SERVICE DETERMINATIONS. 4 (a) COMMERCIAL PRODUCT AND COMMERCIAL SERV- 5 ICE DETERMINATIONS.—Section 3456 of title 10, United 6 States Code, is amended— 7 (1) in subsection (b)— 8 (A) in paragraph (2), by striking ‘‘a con- 9 tract award’’ and inserting ‘‘a determination 10 described in paragraph (1)’’; and 11 (B) by adding at the end the following new 12 paragraphs: 13 ‘‘(3) APPEALS.—The Department of Defense 14 shall establish a formal appeals process for contrac- 15 tors when a non-commercial determination is made 16 by a Department of Defense contracting officer. 17 ‘‘(4) PRICE REASONABLENESS.—Should a con- 18 tracting officer of the Department of Defense deter- 19 mine that the price offered by the contractor is not 20 fair and reasonable, or the contractor denies re- 21 quests for additional cost or pricing data, then the 22 contracting officer may determine the product or 23 service to be on-commercial.’’; and 24 (2) in subsection (c)(1)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 422 •S 4638 RS (A) by inserting ‘‘, including a sub- 1 contract,’’ after ‘‘A contract’’; 2 (B) by inserting ‘‘(including any for such 3 product with a prior part number, but same 4 functionality)’’ after ‘‘for a product’’; and 5 (C) by inserting ‘‘the prior subcontract de- 6 termination was not issued by a Department of 7 Defense contracting officer or’’ after ‘‘for pur- 8 poses of this chapter unless’’. 9 (b) EXCEPTIONS.—Section 3703(d) of title 10, 10 United States Code, is amended— 11 (1) in paragraph (1)— 12 (A) by striking ‘‘commercial product or 13 commercial service’’; and 14 (B) by inserting ‘‘that a product or service 15 is or is not commercial’’ after ‘‘Department of 16 Defense’’; and 17 (2) in paragraph (2)— 18 (A) by striking ‘‘a product or service pre- 19 viously determined to be a commercial product 20 or a commercial service using procedures other 21 than’’ and inserting ‘‘a commercial product or 22 commercial service or a non-commercial product 23 or a non-commercial service using’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 423 •S 4638 RS (B) by inserting ‘‘or a non-commercial 1 product or non-commercial service’’ after ‘‘au- 2 thorized for the procurement of a commercial 3 product or a commercial service’’. 4 SEC. 828. REQUIREMENT FOR CONTRACTORS TO PROVIDE 5 REASONABLE ACCESS TO REPAIR MATE- 6 RIALS. 7 (a) IN GENERAL.—Chapter 363 of title 10, United 8 States Code, is amended by adding at the end the fol- 9 lowing new section: 10 ‘‘§ 4663. Requirement for contractors to provide rea- 11 sonable access to repair materials 12 ‘‘(a) IN GENERAL.—The head of an agency may not 13 enter into a contract for the procurement of goods or serv- 14 ices unless the contractor agrees in writing to provide the 15 Department of Defense fair and reasonable access to all 16 the repair materials, including parts, tools, and informa- 17 tion, used by the manufacturer or provider or their author- 18 ized partners to diagnose, maintain, or repair the good or 19 service. 20 ‘‘(b) FAIR AND REASONABLE ACCESS DEFINED.—In 21 this section, the term ‘fair and reasonable access’ means, 22 as applicable— 23 ‘‘(1) provision at prices, terms, and conditions 24 that are equivalent to the most favorable prices, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 424 •S 4638 RS terms, and conditions under which the manufac- 1 turer, or an authorized reseller or distributor, offers 2 the part, tool, or information to an authorized repair 3 provider, accounting for any discount, rebate, con- 4 venient and timely means of delivery, means of ena- 5 bling fully restored and updated functionality, rights 6 of use, or other incentive or preference the manufac- 7 turer offers to an authorized repair provider; or 8 ‘‘(2) if a manufacturer does not offer, directly 9 or through an authorized reseller or distributor, the 10 part, tool, or information to any authorized repair 11 provider, provision of such part, tool, or information 12 at prices, terms, and conditions that are otherwise 13 determined to be fair and reasonable by the Govern- 14 ment in accordance with this title.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of chapter 363 of title 10, United States 17 Code, is amended by inserting after the item relating to 18 section 4662 the following new item: 19 ‘‘4663. Requirement for contractors to provide reasonable access to repair mate- rials.’’. (c) REPORT.—Not later than one year after the date 20 of the enactment of this Act, the Comptroller General of 21 the United States shall submit to the congressional de- 22 fense committees a report on the implementation of sec- 23 tion 4663 of title 10, United States Code, as added by 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 425 •S 4638 RS this section, including a description of compliance by the 1 Department with the requirements of such section. 2 Subtitle C—Industrial Base 3 Matters 4 SEC. 841. DOMESTIC NONAVAILABILITY DETERMINATIONS. 5 (a) PUBLIC DISCLOSURE OF DOMESTIC NONAVAIL- 6 ABILITY DETERMINATIONS.—Not later than 180 days 7 after the date of the enactment of this Act, the Under 8 Secretary of Defense for Acquisition and Sustainment 9 shall develop and implement a plan for public disclosure 10 all domestic nonavailability determinations issued by the 11 Department on an annual basis. 12 (b) REQUIREMENT FOR PROCESS FOR PERIODIC RE- 13 EVALUATION OF DOMESTIC NONAVAILABILITY DETER- 14 MINATIONS.—Not later than one year after the date of the 15 enactment of this Act, the Under Secretary of Defense for 16 Acquisition and Sustainment shall establish a process to 17 allow industry to request reassessment of domestic non- 18 availability determinations made public pursuant to sub- 19 section (a) for commercially viable domestic alternatives. 20 (c) INTERIM BRIEFING ON RE-EVALUATION PROC- 21 ESS.—Not later than 90 days after the date of the enact- 22 ment of this Act, the Under Secretary of Defense for Ac- 23 quisition and Sustainment shall provide a briefing to the 24 Committee on Armed Services of the Senate and the Com- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 426 •S 4638 RS mittee on Armed Services of the House of Representatives 1 on the status of implementation of the process established 2 under subsection (b). 3 (d) DOMESTIC NONAVAILABILITY DETERMINATION 4 DEFINITION.—In this section the term ‘‘domestic non- 5 availability determination’’ means a determination made 6 for purposes of providing an availability exception pursu- 7 ant to section 4862(c) of title 10, United States Code. 8 SEC. 842. PILOT PROGRAM FOR THE QUALIFICATION OF 9 ALTERNATIVE SOURCES. 10 (a) PILOT PROGRAM.—Not later than one year after 11 the date of enactment of this Act, the Under Secretary 12 of Defense for Acquisition and Sustainment, in coordina- 13 tion with the Secretaries of the military departments, shall 14 establish a pilot program for the purposes of expediting 15 the qualification of key technologies critical to the supply 16 chains of a covered program by establishing a process to 17 rapidly qualify a key technology through the military de- 18 partment’s appropriate technical warrant holder. 19 (b) COVERED KEY TECHNOLOGIES.—For the pur- 20 poses of this pilot program, key technologies include— 21 (1) additive manufacturing; 22 (2) energetics; 23 (3) solid rocket motors; 24 (4) castings and forgings; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 427 •S 4638 RS (5) unmanned systems. 1 (c) COVERED PROGRAMS.—For the purposes of this 2 pilot program, each military department shall designate 3 at least one major defense acquisition program (as defined 4 in section 4201 of title 10, United States Code) that has 5 received Milestone C approval (as defined in section 6 4172(e)(8) of title 10, United States Code) and at least 7 one middle tier acquisition program (as defined in section 8 804 of the National Defense Authorization Act for Fiscal 9 Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note 10 prec.). 11 (d) INTERIM BRIEFING.—Not later than 180 days 12 after the date of the enactment of this Act, the Under 13 Secretary of Defense for Acquisition and Sustainment, in 14 coordination with the Secretaries of the military depart- 15 ments, shall provide a briefing to the Committees on 16 Armed Services of the Senate and the House of Represent- 17 atives with a detailed plan to implement the pilot program 18 required under this section. 19 (e) ANNUAL REPORT.—Beginning on the date on 20 which the first program is designated under subsection (c) 21 and until the termination date described in subsection (f), 22 the Under Secretary of Defense for Acquisition and 23 Sustainment, in coordination with the Secretaries of the 24 military departments, shall submit to the Committees on 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 428 •S 4638 RS Armed Services of the Senate and the House of Represent- 1 atives an annual report on the progress, challenges, and 2 lessons learned in executing this pilot program, including 3 the applicability of applying the expedited qualification 4 process established under the pilot program more broadly 5 across each military department. 6 (f) SUNSET.—The authority to select programs for 7 inclusion in the pilot program established under this sec- 8 tion shall terminate on December 31, 2029. 9 SEC. 843. DOMESTIC PRODUCTION OF STAINLESS STEEL 10 FLATWARE AND DINNERWARE. 11 (a) IN GENERAL.—Section 4862(b) of title 10, 12 United States Code, is amended by inserting after para- 13 graph (2) the following new paragraphs: 14 ‘‘(3) Stainless steel flatware. 15 ‘‘(4) Dinnerware.’’. 16 (b) SUNSET.—Paragraphs (3) and (4) of section 17 4862(b) of title 10, United States Code, as added by sub- 18 section (a), are repealed effective December 31, 2027. 19 SEC. 844. INCLUSION OF RECYCLED AND REUSED MIN- 20 ERALS AND METALS IN PREFERENCE FOR 21 SOURCING OF STRATEGIC AND CRITICAL MA- 22 TERIALS. 23 Section 848(b) of the William M. (Mac) Thornberry 24 National Defense Authorization Act for Fiscal Year 2021 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 429 •S 4638 RS (Public Law 116–283; 134 Stat. 3769; 10 U.S.C. 4811 1 note) is amended— 2 (1) in paragraph (1)— 3 (A) in subparagraph (B), by inserting ‘‘, 4 including processing of strategic and critical 5 materials derived from recycled or reused min- 6 erals or metals,’’ after ‘‘United States’’; and 7 (B) in subparagraph (C), by inserting ‘‘, 8 including such materials derived from recycled 9 or reused minerals or metals,’’ after ‘‘mate- 10 rials’’; and 11 (2) in paragraph (2)— 12 (A) in subparagraph (C), by striking ‘‘; 13 and’’ and inserting a semicolon; 14 (B) by redesignating subparagraph (D) as 15 subparagraph (E); and 16 (C) by inserting after subparagraph (C) 17 the following new subparagraph (D): 18 ‘‘(D) the development of cost-effective 19 sources of supply of strategic and critical mate- 20 rials derived from recycled or reused minerals 21 or metals; and’’. 22 SEC. 845. PROCESS FOR CONSULTING ON NATIONAL SECU- 23 RITY IMPORT REVIEWS. 24 (a) REVIEW PROCESS.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 430 •S 4638 RS (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 establish a process for inves- 3 tigating and reporting on the national security impli- 4 cations of imports when asked to consult by another 5 Federal agency as part of a national security review 6 of imports, such as under section 232 of the Trade 7 Expansion Act of 1962 (19 U.S.C. 1862). 8 (2) SHARING OF DEPARTMENT VIEWS.—The 9 Secretary shall design the process required by sub- 10 section (a) to ensure that the views of the Depart- 11 ment of Defense with respect to the imports being 12 reviewed are shared with the relevant Federal agen- 13 cies. 14 (b) ANNUAL REPORT.—Not later than one year after 15 the date of the enactment of this Act, and annually there- 16 after until 2029, the Secretary shall submit to the con- 17 gressional defense committees a report that includes— 18 (1) a list of all imports reviewed as part of the 19 process established under subsection (a) during the 20 year preceding submission of the report; 21 (2) an assessment of the supply chain risks 22 posed by those imports; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 431 •S 4638 RS (3) a plan to mitigate any such risks through 1 actions including stockpiling, increasing domestic 2 production, or acquiring alternative sources; and 3 (4) a description of the roles that treaty allies 4 and major non-NATO allies have in the supply 5 chains for those imports. 6 (c) DEFINITIONS.—In this section: 7 (1) MAJOR NON-NATO ALLY.—The term ‘‘major 8 non-NATO ally’’ has the meaning given that term in 9 section 644 of the Foreign Assistance Act of 1961 10 (22 U.S.C. 2403). 11 (2) NATIONAL SECURITY.—The term ‘‘national 12 security’’— 13 (A) means the protection of the United 14 States from foreign aggression; and 15 (B) does not otherwise include the protec- 16 tion of the general welfare of the United States. 17 (3) TREATY ALLY.—The term ‘‘treaty ally’’ 18 means a country with which the United States has 19 a treaty for collective defense in effect. 20 SEC. 846. SOLID ROCKET MOTOR INDUSTRIAL BASE. 21 (a) IN GENERAL.—Not later than March 1, 2025, the 22 Under Secretary of Defense for Acquisition and 23 Sustainment, acting through the Director of the Joint 24 Production Accelerator Cell and the Assistant Secretary 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 432 •S 4638 RS of Defense for Industrial Base Policy, shall submit to the 1 congressional defense committees a roadmap for the fu- 2 ture desired state for the solid rocket motor (SRM) indus- 3 trial base. 4 (b) COORDINATION.—In developing this roadmap re- 5 quired under subsection (a), the Under Secretary of De- 6 fense for Acquisition and Sustainment shall coordinate 7 with the following officials: 8 (1) The Assistant Secretary of the Navy for Re- 9 search, Development, and Acquisition. 10 (2) The Assistant Secretary of the Army for 11 Acquisition, Logistics, and Technology. 12 (3) The Assistant Secretary of the Air Force 13 for Acquisition, Technology, and Logistics. 14 (4) Service munitions Program Executive Offi- 15 cers, as appropriate. 16 (5) The Director of the Missile Defense Agency. 17 (c) ELEMENTS.—The roadmap under subsection (a) 18 shall include the following elements: 19 (1) The current and future capability and ca- 20 pacity of existing solid rocket motor manufacturers, 21 Aerojet Rocketdyne and Northrop Grumman (for- 22 merly Orbital ATK). 23 (2) The capability and capacity of potential new 24 entrants to the solid rocket motor industrial base, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 433 •S 4638 RS including companies funded by the United States 1 Government. 2 (3) An assessment of the process for qualifying 3 new entrants, including new manufacturing proc- 4 esses, for solid rocket motors. 5 (4) An assessment of the capacity and capa- 6 bility of the SRM industrial base to support the de- 7 mands of existing munitions program of record. 8 (5) An assessment of the capacity and capa- 9 bility of the SRM industrial base to support poten- 10 tial future demands of munitions programs. 11 (6) An assessment of emerging technologies or 12 manufacturing processes that would support the 13 modernization or evolution of the SRM industrial 14 base. 15 (7) A mapping of program of record and antici- 16 pated or potential future munitions programs to 17 SRM manufacturer throughput. 18 (8) Identification of current and potential 19 shortfalls in common precursors and chemicals. 20 (9) United States Government funding to date 21 for the SRM industrial base, whether through pro- 22 grams of record or through Defense Production Act 23 (DPA) or Industrial Base Analysis and Sustainment 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 434 •S 4638 RS (IBAS) programs, broken out by fiscal year and pur- 1 pose. 2 (10) A plan to prioritize government funding 3 for energetics facilities in the following precedence: 4 (A) Government-owned, government-oper- 5 ated facilities. 6 (B) Government-owned, contractor-oper- 7 ated facilities. 8 (C) Contractor-owned, contractor-operated 9 facilities. 10 (d) GAO REVIEW.—Not later than June 1, 2025, the 11 Comptroller General of the United States shall conduct 12 a review of Department of Defense decisions regarding the 13 SRM industry since February 1, 2022, including— 14 (1) the requested levels of funding for muni- 15 tions using solid rocket motors, broken down by 16 motor diameter; 17 (2) the requested levels of funding for direct in- 18 vestment in government-owned, government-operated 19 facilities, government-owned, contractor-operated fa- 20 cilities, and contractor-owned, contractor-operated 21 facilities; 22 (3) the requested levels of funding for direct in- 23 vestment in the SRM supplier base; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 435 •S 4638 RS (4) the potential adverse effects of prioritizing 1 privately owned SRM production infrastructure over 2 government-owned SRM production infrastructure; 3 and 4 (5) a cost and capabilities comparison between 5 the expansion of existing infrastructure at the Alle- 6 gany Ballistics Laboratory and construction of new 7 infrastructure at Naval Surface Warfare Center, In- 8 dian Head. 9 SEC. 847. PHARMACEUTICAL SUPPLIER COMPLIANCE WITH 10 DATA SUBMISSION REQUIREMENTS. 11 (a) IN GENERAL.—Beginning not later than Sep- 12 tember 1, 2025, the Director of the Defense Logistics 13 Agency, to the extent feasible, shall require every con- 14 tractor supplying pharmaceuticals to the Department of 15 Defense to be compliant with the requirement under sec- 16 tion 510(j)(3) of the Federal Food, Drug, and Cosmetic 17 Act (21 U.S.C. 360(j)(3)) to submit to the Secretary of 18 Health and Human Services the amount of each drug 19 manufactured, prepared, propagated, compounded, or 20 processed by the contractor for commercial distribution. 21 (b) BRIEFING.—Not later than September 1, 2026, 22 the Director of the Defense Logistics Agency shall brief 23 the Committee on Armed Services of the Senate and the 24 Committee on Armed Services of the House of Represent- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 436 •S 4638 RS atives on the implementation of subsection (a), any chal- 1 lenges in implementing such subsection, and any plans for 2 improving the implementation of such subsection. 3 SEC. 848. REPORT AND UPDATED GUIDANCE ON CONTIN- 4 UED RISK MANAGEMENT FOR PHARMA- 5 CEUTICAL SUPPLY CHAINS OF DEPARTMENT 6 OF DEFENSE. 7 (a) IN GENERAL.—Not later than two years after the 8 date of the enactment of this Act, the Under Secretary 9 of Defense for Acquisition and Sustainment shall— 10 (1) submit to the Committees on Armed Serv- 11 ices of the Senate and the House of Representatives 12 a report regarding— 13 (A) existing information streams within 14 the Federal Government, if any, for excipients 15 and key starting materials of drugs that may be 16 used to assess the reliance by the Department 17 of Defense on high-risk foreign suppliers ana- 18 lyzed in the report required under section 19 860(a) of the National Defense Authorization 20 Act for Fiscal Year 2023 (Public Law 117–263; 21 10 U.S.C. 3241 note prec.); 22 (B) active pharmaceutical ingredients, final 23 drug products, and respective excipients and 24 key starting materials analyzed in such report 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 437 •S 4638 RS that is produced by each manufacturer in a 1 high-risk foreign country, as determined by the 2 Secretary of Defense; 3 (C) any limitations on the ability of the 4 Secretary to— 5 (i) obtain or analyze the information 6 identified under subparagraphs (A) and 7 (B); and 8 (ii) use data analytics to monitor 9 vulnerabilities in the pharmaceutical supply 10 chain of the Department; 11 (D) how the Secretary plans to address the 12 limitations identified under subparagraph (C); 13 and 14 (E) any recommendations of the Secretary 15 to address those limitations; and 16 (2) update risk management guidance developed 17 by the Under Secretary under section 860(a)(1) of 18 the National Defense Authorization Act for Fiscal 19 Year 2023 to include any relevant findings identified 20 in paragraph (1). 21 (b) FDA DETERMINATIONS.—The Department of 22 Defense shall rely upon determinations of excipients and 23 key starting materials for final drug products that are 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 438 •S 4638 RS made by the Food and Drug Administration (FDA) or 1 that align with FDA regulations. 2 SEC. 849. REPORT ON IMPACT OF MERGERS AND ACQUISI- 3 TIONS ON THE DEFENSE INDUSTRIAL BASE. 4 (a) POLICY.—It is the policy of the United States 5 that the defense industrial defense base, its resiliency, and 6 its capacity are core interests of the Department of De- 7 fense and United States national security. 8 (b) REPORT.— 9 (1) IN GENERAL.—Not later than March 15, 10 2025, the Assistant Secretary of Defense for Indus- 11 trial Base Policy shall submit to the congressional 12 defense committees a report on the policies and pro- 13 cedures of the Department of Defense relating to 14 mergers and acquisitions and how these impact the 15 defense industrial base. 16 (2) ELEMENTS.—The report required under 17 paragraph (1) shall include— 18 (A) a review of how Department of De- 19 fense Directive 5000.62 has been updated to re- 20 flect the policy detailed in subsection (a), or an 21 explanation of why it does not need to be up- 22 dated to reflect that policy; 23 (B) a five-year roadmap detailing how the 24 Department will enhance the resiliency and in- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 439 •S 4638 RS crease the capacity of the defense industrial 1 base, especially with a view to increased consoli- 2 dation in the defense and space sectors; 3 (C) a detailed list of resources required to 4 holistically assess proposed mergers and acqui- 5 sitions activity relative to the defense industrial 6 base and initiate reviews of any such activity 7 that would have a negative impact on the resil- 8 iency, capacity, or competition of the defense 9 industrial base; and 10 (D) guidance and criteria for factors that 11 determine when mergers and acquisitions activ- 12 ity will reach a threshold of risk to the resil- 13 iency and capacity of the defense industrial 14 base and therefore merit a review. 15 SEC. 850. DEFENSE INDUSTRIAL REVITALIZATION. 16 (a) NATIONAL DEFENSE EXECUTIVE RESERVE.— 17 Not later than 90 days after the date of the enactment 18 of this Act, the Secretary of Defense shall seek to enter 19 into voluntary agreements with senior executives of tradi- 20 tional and nontraditional defense contractors, including 21 executives from the supplier base, to advise the Secretary 22 on the health of the defense industrial base, including— 23 (1) critical shortages and impediments to pro- 24 duction of critical munitions and other war mate- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 440 •S 4638 RS rials, including single points of failure in the produc- 1 tion of Department of Defense weapons systems and 2 a plan to bolster each source by diversifying the sup- 3 ply chain; 4 (2) factors that limit the production rates re- 5 quired for critical munitions and weapons systems; 6 (3) workforce issues across the defense indus- 7 trial base; 8 (4) deconfliction of efforts across the Depart- 9 ment of Defense and industry to improve defense in- 10 dustrial base capacity and efficiency; and 11 (5) a process and mechanism for traditional 12 and nontraditional defense contractors to share data 13 on capital expenditures with the Department of De- 14 fense. 15 (b) ECONOMIC MOBILIZATION BRIEFING.— 16 (1) IN GENERAL.—Not later than June 1, 17 2025, the Secretary, working in consultation with 18 the executives described in subsection (a), shall pro- 19 vide a classified briefing with an unclassified sum- 20 mary to the congressional defense committees on 21 Department of Defense planning assumptions re- 22 garding the total or partial mobilization of the econ- 23 omy of the United States for a protracted conven- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 441 •S 4638 RS tional global war in the event of a national emer- 1 gency. 2 (2) ELEMENTS.—The briefing required under 3 paragraph (1) shall include— 4 (A) a description of the national emer- 5 gency planning assumptions upon which the 6 Department bases such economic mobilization 7 plans, including a range of cases concerning the 8 triggers for mobilization and the consumption 9 of materiel and munitions expected in each 10 case; 11 (B) a description of the economic mobiliza- 12 tion objectives of the Department, to include 13 production goals and the desired timelines to 14 implement those goals, once such mobilization 15 begins; 16 (C) the number and kind of current eco- 17 nomic mobilization plans and the most recent 18 dates on which such plans were updated; 19 (D) a projection of the anticipated de- 20 mands for material, capital, and labor necessary 21 to meet the objectives and timelines described 22 in subparagraph (B), once such mobilization be- 23 gins; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 442 •S 4638 RS (E) an analysis of the degree to which the 1 Department and the defense industrial base is 2 capable of meeting the objectives and timelines 3 described in subparagraph (B); and 4 (F) an analysis on whether the United 5 States would be well positioned to replenish its 6 forces after any emergency faster than or at a 7 comparable rate to adversaries, given the situa- 8 tion described in subparagraph (E). 9 (c) ECONOMIC MOBILIZATION PLANS.— 10 (1) IN GENERAL.—The Secretary shall direct 11 the Under Secretary of Defense for Policy and the 12 Under Secretary of Defense for Acquisition and 13 Sustainment to lead the completion of interim eco- 14 nomic mobilization plans by not later than December 15 31, 2025, and detailed economic mobilization plans 16 by not later than June 30, 2026, for the purposes 17 of carrying out the total or partial mobilization of 18 the economy of the United States for a sustained 19 conventional global war, in the event of a national 20 emergency. These plans should be informed by the 21 executives described in subsection (a). 22 (2) ELEMENTS.—The plans required under 23 paragraph (1) should include, at a minimum, the fol- 24 lowing: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 443 •S 4638 RS (A) The information described in subpara- 1 graphs (A) though (F) of subsection (b)(2). 2 (B) An assessment of the percentage of 3 material, capital, and labor needs identified 4 pursuant to subsection (b)(2)(D) that the De- 5 partment is able to meet on the date of the 6 completion of the detailed mobilization plans 7 and the timelines for meeting such percentage. 8 (C) An examination of whether foreign 9 sources of strategic and critical materials and 10 transportation from those sources to the United 11 States or other locations of defense production 12 are militarily secure in the event of an emer- 13 gency and an assessment of whether those 14 countries are likely to continue supplying such 15 strategic and critical materials in the event of 16 conflict. 17 (3) NOTIFICATION AND SUMMARY.—Upon com- 18 pletion of the detailed mobilization plans required 19 under paragraph (1), and every 180 days thereafter, 20 the Secretary shall notify the congressional defense 21 committees that the plans have been completed and 22 shall make a classified summary of the plans avail- 23 able to the congressional defense committees that in- 24 cludes— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 444 •S 4638 RS (A) the degree to which the Secretary con- 1 siders the industrial base is capable of meeting 2 the objectives and timelines described in sub- 3 section (b)(2)(B); and 4 (B) the percentage of material, capital, 5 and labor needs identified in subsection 6 (b)(2)(D) that the Department is able to meet 7 on the date of the report and on the timelines 8 for meeting such percentage. 9 SEC. 851. TRANSPARENCY IN ACQUISITION WAIVERS 10 ISSUED BY THE DEPARTMENT OF DEFENSE. 11 (a) POLICY.—It is the policy of the United States to 12 build and maintain a robust national security industrial 13 base and supply chain free from materials, parts, supplies, 14 major end items, and services procured from adversarial 15 nations. 16 (b) PUBLIC DISCLOSURE.—The Assistant Secretary 17 of Defense for Industrial Base Policy shall publish all non- 18 sensitive information regarding waivers granted by the 19 Department of Defense on a publicly accessible website. 20 (c) PROCEDURES AND GUIDANCE.—Not later than 21 180 days after the date of the enactment of this Act, the 22 Secretary of Defense shall issue procedures and guidance 23 requiring the Office of the Secretary of Defense, military 24 departments and services, defense agencies, and field ac- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 445 •S 4638 RS tivities to provide to the Assistant Secretary of Defense 1 for Industrial Base Policy all waiver information necessary 2 to comply with this section. 3 (d) BRIEFING.—Not later than October 1, 2025, and 4 annually thereafter for 10 years, the Assistant Secretary 5 of Defense for Industrial Base Policy shall submit to the 6 appropriate congressional committees a detailed briefing 7 of all waivers granted by the Department of Defense in 8 the previous calendar year. 9 (e) FORM OF BRIEFING.—Each briefing required by 10 subsection (d) shall be submitted in unclassified form, but 11 may include a classified annex. The classified annex shall 12 include all sensitive information not included in the un- 13 classified form or disclosed publicly as required under sub- 14 section (b), including aggregate details of— 15 (1) the number of active waivers; 16 (2) the types of materials, parts, supplies, 17 major end items, and services procured under what 18 waiver; 19 (3) the authority under which active waivers 20 have been issued and when they were last granted; 21 (4) the total cost of all materials, parts, sup- 22 plies, major end items, and services procured under 23 a waiver from adversarial nations during the last fis- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 446 •S 4638 RS cal year and since such waiver was originally grant- 1 ed; and 2 (5) the adversarial nation that any materials, 3 parts, supplies, major end items, or services are 4 being procured from under a waiver. 5 (f) DEFINITIONS.—In this section: 6 (1) ADVERSARIAL NATION.—The term ‘‘adver- 7 sarial nation’’ means China, Russia, Iran, or North 8 Korea. 9 (2) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—The term ‘‘appropriate congressional com- 11 mittees’’ means the Committee on Armed Services of 12 the Senate and the Committee on Armed Services of 13 the House of Representatives. 14 (3) WAIVER.—The term ‘‘waiver’’ means any 15 waiver, national security waiver, or domestic non- 16 availability determination granted by any official of 17 the Department of Defense for the procurement, ac- 18 quisition, or sustainment of any materials, parts, 19 supplies, major end items, or services. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 447 •S 4638 RS SEC. 852. REPORT ON CAPACITY TO INCREASE DOMESTIC 1 INDUSTRIAL PRODUCTION AND PROCURE- 2 MENT OF STRATEGIC AND CRITICAL MATE- 3 RIALS. 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, acting through the National Defense Stockpile Man- 7 ager, shall submit to the Committees on Armed Services 8 of the Senate and the House of Representatives, and such 9 other committees of Congress as the Secretary of Defense 10 considers appropriate, a report that assesses the capacity 11 to increase domestic industrial production and procure- 12 ment of strategic and critical materials during peacetime 13 and in the event of a national emergency. 14 (b) ELEMENTS.—The report required by subsection 15 (a) shall include the following: 16 (1) A detailed description of— 17 (A) the authorities delegated to the Sec- 18 retary of Defense under section 306 of Execu- 19 tive Order 13603 (50 U.S.C. 4553 note; relat- 20 ing to national defense resources preparedness) 21 and how the Secretary of Defense has imple- 22 mented those authorities; 23 (B) the capacity of the Secretary of De- 24 fense to procure strategic and critical materials 25 for the domestic industrial base from a domes- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 448 •S 4638 RS tic source for the purposes of those authorities; 1 and 2 (C) any impediments to increasing domes- 3 tic industrial production and procurement of 4 strategic and critical materials for such pur- 5 poses. 6 (2) Recommendations regarding— 7 (A) increasing the role of the Secretary of 8 Defense in the production and procurement of 9 strategic and critical materials from domestic 10 sources; and 11 (B) efforts by the Department of Defense 12 to integrate its responsibilities with the respon- 13 sibilities of other Federal agencies relating to 14 increasing domestic industrial production and 15 procurement of strategic and critical materials 16 during peacetime and in the event of a national 17 emergency 18 (c) FORM.—The report required by subsection (a) 19 shall be submitted in unclassified form but may include 20 a classified annex. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 449 •S 4638 RS SEC. 853. EMPLOYMENT TRANSPARENCY REGARDING INDI- 1 VIDUALS WHO PERFORM WORK IN THE PEO- 2 PLE’S REPUBLIC OF CHINA. 3 Section 855 of the National Defense Authorization 4 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 5 4651 note prec.) is amended— 6 (1) in subsection (a)(3)— 7 (A) by redesignating subparagraphs (A) 8 and (B) as clauses (i) and (ii) and moving such 9 clauses, as so redesignated, two ems to the 10 right; 11 (B) by striking ‘‘If a covered entity’’ and 12 inserting ‘‘(A) IN GENERAL.—If a covered com- 13 pany’’; and 14 (C) in clause (ii), as so redeignated, by 15 striking ‘‘performed.’’ and inserting the fol- 16 lowing: ‘‘performed; and 17 ‘‘(iii) whether an agency or instru- 18 mentality of the People’s Republic of 19 China or any non-governmental Chinese 20 company has requested access to data or 21 otherwise acquired data from such covered 22 company pursuant to the People’s Republic 23 of China’s National Intelligence Law of 24 China or any similar legislative or regu- 25 latory requirements. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 450 •S 4638 RS ‘‘(B) ADDITIONAL DISCLOSURE OF INFOR- 1 MATION AND ADDITIONAL MEASURES REGARD- 2 ING CERTAIN ENTITIES.— 3 ‘‘(i) IN GENERAL.—If a covered com- 4 pany performs service contracts dealing 5 with commercial computer software or non- 6 commercial computer software and is re- 7 quired to make a disclosure under para- 8 graph (1) or (2), such company shall— 9 ‘‘(I) describe the process for dis- 10 closing a software vulnerability, if 11 such company is also required to dis- 12 close any software vulnerability to the 13 Ministry of Industry and Information 14 Technology or any other agency or in- 15 strumentality of the People’s Republic 16 of China; and 17 ‘‘(II) provide any information re- 18 lated to how a United States affiliate 19 is notified of a flaw described in sub- 20 clause (I). 21 ‘‘(ii) ISSUANCE OF REGULATIONS.— 22 Not later than 180 days after the date of 23 the enactment of this subparagraph, the 24 Secretary shall revise the Defense Federal 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 451 •S 4638 RS Acquisition Regulation Supplement to en- 1 sure that— 2 ‘‘(I) a company described in 3 clause (i) is notified of any software 4 vulnerability by any affiliated Chinese 5 company within 48 hours of such 6 company entity reporting any software 7 vulnerability to the Ministry of Indus- 8 try and Information Technology or 9 any other agency or instrumentality of 10 the People’s Republic of China; and 11 ‘‘(II) the company shall retain 12 and furnish to the Department of De- 13 fense information regarding any soft- 14 ware vulnerability reported to the 15 Ministry of Industry and Information 16 Technology or any other agency or in- 17 strumentality of the People’s Republic 18 of China.’’; 19 (2) in subsection (b)— 20 (A) in the subsection heading, by striking 21 ‘‘ENTITIES’’ and inserting ‘‘COMPANIES’’; and 22 (B) by striking ‘‘entity’’ both places it ap- 23 pears and inserting ‘‘company’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 452 •S 4638 RS (3) by amending subsection (d)(2) to read as 1 follows: 2 ‘‘(2) COVERED COMPANY.—The term ‘covered 3 company’ means a contractor offeror that also con- 4 ducts software development in the People’s Republic 5 of China.’’. 6 SEC. 854. DEPARTMENT OF DEFENSE MANUFACTURING AU- 7 THORITIES. 8 (a) IN GENERAL.—The Secretary of Defense (re- 9 ferred to in this section as the ‘‘Secretary’’) shall seek to 10 enter into contracts for the domestic manufacture of a 11 covered product, in the event that the Secretary deter- 12 mines that— 13 (1) there is a Department of Defense require- 14 ment for a covered product that cannot be met by 15 other means; and 16 (2)(A) the covered product is— 17 (i) sourced from a foreign adversary (as 18 defined in section 8(c)(2) of the Secure and 19 Trusted Communications Networks Act of 2019 20 (47 U.S.C. 1607(c)(2))); 21 (ii) included on the list of essential medi- 22 cines maintained by the Food and Drug Admin- 23 istration pursuant to Executive Order 13944 24 (85 Fed. Reg. 49929); 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 453 •S 4638 RS (iii) listed by the World Health Organiza- 1 tion as an essential medicine; 2 (iv) on the drug shortage list maintained 3 by the Food and Drug Administration under 4 section 506E of the Federal Food, Drug, and 5 Cosmetic Act (21 U.S.C. 356e); 6 (v) used by the Department of Defense but 7 not otherwise commercially available; or 8 (vi) affected by an emergent issue, such as 9 a natural disaster, that hinders existing manu- 10 facturing of the product; or 11 (B) other circumstances exist that pose a secu- 12 rity risk to the Armed Forces which can be ad- 13 dressed through such manufacture of the covered 14 product. 15 (b) EXCEPTION.—The Secretary is not required to 16 enter into a contract pursuant to subsection (a) if the Sec- 17 retary is unable to identify an entity with whom to con- 18 tract for the domestic manufacture of a covered product 19 in sufficient quality and quantity. 20 (c) CONSULTATION.—The Secretary shall consult 21 with the Secretary of Health and Human Services on es- 22 tablishing domestic facility requirements for the manufac- 23 ture of covered products pursuant to the Defense Produc- 24 tion Act of 1950 (50 U.S.C. 4501 et seq.). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 454 •S 4638 RS (d) DEFINITION.—In this section, the term ‘‘covered 1 product’’ means a drug (as defined in section 201(g) of 2 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 321(g))), including a biological product (as defined in sec- 4 tion 351(i) of the Public Health Service Act (42 U.S.C. 5 262(i))), or device (as defined in section 201(h) of the 6 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 7 321(h)), or the primary packaging, active pharmaceutical 8 ingredient, key starting material, or component or part for 9 such a drug or device. 10 (e) EFFECTIVE DATE.—The authority under sub- 11 section (a) shall take effect on October 1, 2025. 12 Subtitle D—Small Business Matters 13 SEC. 861. PILOT PROGRAM FOR TRACKING AWARDS MADE 14 THROUGH OTHER TRANSACTION AUTHORITY. 15 (a) PILOT PROGRAM.—Not later than one year after 16 the date of the enactment of this Act, the Under Secretary 17 of Defense for Acquisition and Sustainment shall establish 18 a pilot program to enable the Department of Defense to 19 track the number and amounts awarded to small busi- 20 nesses and nontraditional defense contractors performing 21 on transactions using other transaction authority, includ- 22 ing those carried out through consortia. In carrying out 23 the pilot program, the Department shall keep any report- 24 ing requirements levied upon the businesses to a minimum 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 455 •S 4638 RS and shall seek to maximize the use of existing data report- 1 ing structures or the expertise of a consortia-manager. 2 (b) BRIEFINGS.— 3 (1) ESTABLISHED PROCESS.—Not later than 4 180 days after the date of the enactment of this Act, 5 the Under Secretary of Defense for Acquisition and 6 Sustainment shall provide a briefing to the Commit- 7 tees on Armed Services of the Senate and the House 8 of Representatives on the process to carry out the 9 pilot program established under subsection (a). 10 (2) COLLECTED DATA.—Not later than one 11 year after the briefing provided under paragraph 12 (1), and continuing until the final briefing provided 13 under paragraph (3), the Under Secretary of De- 14 fense for Acquisition and Sustainment shall brief the 15 Committees on Armed Services of the Senate and 16 the House of Representatives on the awards data the 17 pilot program is collecting. 18 (3) FINAL DATA AND RECOMMENDATIONS.— 19 Not later than September 30, 2029, the Department 20 shall provide a briefing to the Committees on Armed 21 Services of the Senate and the House of Representa- 22 tives on the final data collected for the pilot program 23 and shall include any recommendations to make the 24 data collection permanent. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 456 •S 4638 RS (c) SUNSET.—The authority to carry out the pilot 1 program under this section shall expire on December 31, 2 2029. 3 (d) DEFINITIONS.—In this section: 4 (1) NONTRADITIONAL DEFENSE CON- 5 TRACTOR.—The term ‘‘nontraditional defense con- 6 tractor’’ has the meaning given in section 3014 of 7 title 10, United States Code. 8 (2) OTHER TRANSACTION AUTHORITY.—The 9 term ‘‘other transaction authority’’ has the means 10 the authority provided under sections 4021 and 11 4022 of title 10, United States Code. 12 (3) SMALL BUSINESS.—The term ‘‘small busi- 13 ness’’ has the meaning given the term ‘‘small busi- 14 ness concern’’ in section 3(a) of the Small Business 15 Act (15 U.S.C. 632(a)). 16 SEC. 862. SMALL BUSINESS BILL OF RIGHTS. 17 (a) IN GENERAL.—The Secretary of Defense, 18 through the Small Business Integration Group led by the 19 Under Secretary of Defense for Acquisition and 20 Sustainment, shall develop and adopt a Small Business 21 Bill of Rights for the Department and its components. 22 (b) PURPOSE.—The purpose of the Small Business 23 Bill of Rights is to make sure customer service issues and 24 conflicts related to acquisitions are resolved in an expedi- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 457 •S 4638 RS tious manner at the lowest level possible, increasing the 1 likelihood that small businesses continue to conduct busi- 2 ness with the Department, and ultimately fostering a 3 healthier partnership with the defense industrial base. 4 (c) CONTENT.—The Bill of Rights required under 5 subsection (a) shall— 6 (1) provide authority to small business profes- 7 sionals in the Department of Defense to make in- 8 quiries to acquisition professionals related to cus- 9 tomer service issues, obtain timely responses, and es- 10 tablish a resolution process construct that all De- 11 partment of Defense components must adhere to, in- 12 cluding reporting appropriate metrics to the Office 13 of the Secretary of Defense, the Office of Small 14 Business Programs, and Congress to ensure compli- 15 ance and identification of trends and solutions; 16 (2) authorize the Secretary of Defense, through 17 the Under Secretary of Defense for Acquisition and 18 Sustainment, to establish guidance requiring re- 19 sponses to inquiries within a reasonable and prac- 20 tical time line; 21 (3) require Department of Defense component 22 Small Business Programs Directors to provide office 23 point of contact information to render service during 24 normal duty hours; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 458 •S 4638 RS (4) require Department of Defense components 1 to provide supervisory communication information to 2 mitigate any unresolved inquiries at their level or at 3 the request of the originator; and 4 (5) require Department of Defense components 5 to track and report annual metrics of customer serv- 6 ice issues within the Department to the Secretary of 7 Defense and Congress, including information on the 8 type of issue, the component, the resolution, and 9 trends. 10 (d) REPORT.—Not later than 180 days after the date 11 of the enactment of this Act, the Under Secretary of De- 12 fense for Acquisition and Sustainment shall present a 13 briefing to the congressional defense committees detailing 14 the Small Business Bill of Rights and its implementation 15 plan. 16 SEC. 863. PILOT PROGRAM FOR THE PARTICIPATION OF 17 MILITARY RESEARCH AND EDUCATIONAL IN- 18 STITUTIONS IN THE STTR PROGRAM. 19 Section 9 of the Small Business Act (15 U.S.C. 638) 20 is amended by adding at the end the following: 21 ‘‘(yy) PILOT PROGRAM FOR THE PARTICIPATION OF 22 MILITARY RESEARCH AND EDUCATIONAL INSTITUTIONS 23 IN THE STTR PROGRAM.— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 459 •S 4638 RS ‘‘(1) IN GENERAL.—Not later than 180 days 1 after the date of enactment of this subsection, the 2 Secretary of Defense shall establish a pilot program 3 to enable any undergraduate, graduate, or post- 4 graduate degree-granting military research or edu- 5 cational institution established under title 10, 6 United States Code, to participate in the STTR pro- 7 gram of the Department of Defense. 8 ‘‘(2) SUNSET.—The authority to carry out the 9 pilot program under this subsection shall end on 10 September 30, 2025.’’. 11 SEC. 864. DEPARTMENT OF DEFENSE PILOT PROGRAM FOR 12 PRELIMINARY CALCULATION ESTIMATES 13 FOR CERTAIN PROGRAMS. 14 Section 9 of the Small Business Act (15 U.S.C. 638) 15 is amended by adding at the end the following: 16 ‘‘(yy) BUDGET CALCULATION PILOT PROGRAM.— 17 ‘‘(1) PILOT.— 18 ‘‘(A) IN GENERAL.—In order to more rap- 19 idly estimate allocations for the SBIR and 20 STTR programs of the Department of Defense, 21 the Secretary of Defense shall conduct a budget 22 calculation pilot program that requires the cal- 23 culation of total expenditures for the SBIR and 24 STTR programs in the Department of Defense 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 460 •S 4638 RS and determination of related allocations in ac- 1 cordance with subparagraphs (A) and (B), and 2 paragraph (2), respectively. 3 ‘‘(B) SBIR PROGRAM.—Beginning in fiscal 4 year 2025, the Department of Defense shall 5 calculate required budget expenditures for its 6 SBIR program as not less than 3.25 percent of 7 the average of the total research, development, 8 test, and evaluation extramural budget of the 9 Department for the 2 most recent fully obli- 10 gated fiscal year budgets. 11 ‘‘(C) STTR PROGRAM.—Beginning in fis- 12 cal year 2025, the Department of Defense shall 13 calculate required budget expenditures for its 14 STTR program as not less than 0.46 percent of 15 the average of the total research, development, 16 test, and evaluation extramural budget of the 17 Department for the 2 most recent fully obli- 18 gated fiscal year budgets. 19 ‘‘(2) ALLOCATIONS.—Not later than 30 days 20 after the date of enactment of an appropriations bill 21 for the Department of Defense for a fiscal year, the 22 Department shall determine and make adjustments 23 for actual allocations related to the SBIR and STTR 24 programs of the Department. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 461 •S 4638 RS ‘‘(3) SUNSET.—The pilot program under this 1 subsection shall terminate on September 30, 2025.’’. 2 Subtitle E—Other Matters 3 SEC. 871. SMALL UNCREWED AERIAL SYSTEMS SUPPLY 4 CHAIN STRATEGY. 5 (a) IN GENERAL.—Not later than 180 days after the 6 date of the enactment of this Act, the Secretary of De- 7 fense, in coordination with the Under Secretary of Defense 8 for Acquisition and Sustainment, the Undersecretary of 9 Defense for Research and Engineering, and the Secre- 10 taries of the military departments, shall submit to the con- 11 gressional defense committees a strategy to develop a se- 12 cure domestic and allied supply chain of critical compo- 13 nents for small uncrewed aerial systems (sUAS). 14 (b) ELEMENTS.—The strategy submitted under sub- 15 section (a) shall include the following elements: 16 (1) Identification of the critical components 17 needed for sUAS to meet national defense require- 18 ments. 19 (2) Identification of the main sources of supply 20 for such critical components, including— 21 (A) categorization of critical components 22 supplied by a covered foreign country; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 462 •S 4638 RS (B) identification of critical components 1 with an alternative supply from any United 2 States and allied sources; and 3 (C) identification of critical components 4 where an alternative source from the United 5 States or other allied partner might be cul- 6 tivated or fostered with proper incentives. 7 (3) A description of gaps and vulnerabilities 8 based on requirements and sources of supply, includ- 9 ing reliance on a covered foreign country. 10 (4) A plan to develop domestic or allied supply 11 chain to close gaps and vulnerabilities identified in 12 paragraph (3). 13 (5) A description of use of current initiatives 14 and programs to create alternative sources of supply 15 outside of a covered foreign country. 16 (6) Recommendations for utilizing authorities 17 available to the Department of Defense, such as De- 18 fense Production Act authorities, the Industrial 19 Base and Sustainment program, loan guarantees, or 20 other programs. 21 (7) Recommendations for incentivizing private 22 sector investment to grow or foster domestic or al- 23 lied sourcing for critical components for sUAS. 24 (c) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 463 •S 4638 RS (1) COVERED FOREIGN COUNTRY.—The 1 term‘‘covered foreign country’’ has the meaning 2 given the term in section 848 of the National De- 3 fense Authorization Act for Fiscal Year 2020 (Pub- 4 lic Law 116–92; 10 U.S.C. 4871 note). 5 (2) CRITICAL COMPONENTS.—The term‘‘critical 6 components’’ primarily refers to systems described 7 in subparagraphs (B), (C), and (D) of section 8 848(a)(1) of the National Defense Authorization Act 9 for Fiscal Year 2020 (Public Law 116–92; 10 10 U.S.C. 4871 note). 11 SEC. 872. MODIFICATION TO EXTRAMURAL ACQUISITION 12 INNOVATION AND RESEARCH ACTIVITIES. 13 Section 4142 of title 10, United States Code, is 14 amended— 15 (1) by striking subsection (c); 16 (2) by redesignating subsections (d), (e), and 17 (f) as subsections (c),(d), and (e), respectively; and 18 (3) in subsection (e), as redesignated by para- 19 graph (2), by striking ‘‘Director’’ and inserting 20 ‘‘Under Secretary of Defense for Acquisition and 21 Sustainment’’. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 464 •S 4638 RS SEC. 873. MODIFICATIONS TO CONTRACTOR EMPLOYEE 1 PROTECTIONS FROM REPRISAL FOR DISCLO- 2 SURE OF CERTAIN INFORMATION. 3 Section 4701(c) of title 10, United States Code, is 4 amended— 5 (1) by redesignating paragraphs (2), (3), (4), 6 (5), (6), and (7) as paragraphs (3), (4), (5), (6), 7 (7), and (8), respectively; and 8 (2) by inserting after paragraph (1) the fol- 9 lowing new paragraph: 10 ‘‘(2) Not later than 30 days after receiving an Inspec- 11 tor General report pursuant to subsection (b), the head 12 of the agency concerned shall notify the complainant and 13 the Inspector General, in writing, of either the actions or- 14 dered or the decision to deny relief. After such notifica- 15 tion, if the head of the agency concerned changes the ac- 16 tions ordered or the decision to deny relief, the head of 17 the agency concerned shall notify the complainant and the 18 Inspector General, in writing, of the change not later than 19 30 days after the change occurs.’’; 20 (3) in paragraph (3), as redesignated by para- 21 graph (1) of this section, by striking ‘‘paragraph 22 (b)(2)(B)’’ and inserting ‘‘paragraph (2)(B) of such 23 subsection’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 465 •S 4638 RS (4) in paragraph (4), as so redesignated, by 1 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph 2 (3)’’. 3 SEC. 874. MODIFICATIONS TO COMPTROLLER GENERAL AS- 4 SESSMENT OF ACQUISITION PROGRAMS. 5 Section 3072 of title 10, United States Code, is 6 amended— 7 (1) in subsection (a), by striking ‘‘2026’’ and 8 inserting ‘‘2029’’ ; and 9 (2) in subsection (b)— 10 (A) in paragraph (1), by striking ‘‘efforts’’ 11 and inserting ‘‘initiatives’’; 12 (B) by striking paragraph (2) and redesig- 13 nating paragraph (3) as paragraph (2); 14 (C) in paragraph (2), as so redesignated, 15 by striking ‘‘efforts.’’ and inserting ‘‘initiatives; 16 and’’; and 17 (D) by adding at the end the following new 18 paragraph: 19 ‘‘(3) other issues as determined appropriate by 20 the Comptroller General.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 466 •S 4638 RS SEC. 875. MODIFICATIONS TO GUIDELINES AND COLLEC- 1 TION METHOD FOR ACQUISITION OF COST 2 DATA. 3 Section 3227(b) of title 10, United States Code, is 4 amended by striking ‘‘$100,000,000’’ and inserting ‘‘the 5 major systems threshold defined in section 3041 of this 6 title’’. 7 SEC. 876. PROGRAM FOR DISTRIBUTION SUPPORT AND 8 SERVICES FOR CONTRACTORS. 9 Section 883 of the National Defense Authorization 10 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 11 4292 note prec.) is amended— 12 (1) in the section heading, by striking ‘‘PILOT 13 PROGRAM FOR DISTRIBUTION SUPPORT AND 14 SERVICES FOR WEAPON SYSTEMS CONTRAC- 15 TORS’’ and inserting ‘‘PROGRAM FOR DISTRIBU- 16 TION SUPPORT AND SERVICES FOR CONTRAC- 17 TORS’’; 18 (2) in subsection (a)— 19 (A) by striking ‘‘eight-year pilot’’; and 20 (B) by striking ‘‘for the production, modi- 21 fication, maintenance, or repair of a weapon 22 system that is’’; 23 (3) in subsection (b)(2)— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 467 •S 4638 RS (A) by striking ‘‘Not more than five sup- 1 port contracts’’ and inserting ‘‘Not more than 2 30 support contracts’’; and 3 (B) by striking ‘‘pilot’’; 4 (4) in subsection (c), by striking ‘‘contract de- 5 scribed in subsection (a) are storage and distribu- 6 tion’’ and inserting ‘‘contract entered into by the 7 Department include storage and distribution’’; 8 (5) in subsection (d)— 9 (A) by striking ‘‘pilot’’ each place it ap- 10 pears; 11 (B) in paragraph (1)— 12 (i) by striking ‘‘A requirement for the 13 solicitation of offers for a contract de- 14 scribed in subsection (a), for which storage 15 and distribution services are to be made 16 available’’ and inserting ‘‘A requirement to 17 notify a contractor or potential contractor 18 for which storage and distribution services 19 are to be made available’’; 20 (ii) in subparagraph (A), by striking 21 ‘‘to any contractor awarded the contract, 22 but only’’; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 468 •S 4638 RS (iii) in subparagraph (B), by striking 1 ‘‘that are to be made available’’ and insert- 2 ing ‘‘that are available’’; and 3 (C) in paragraph (6), by striking ‘‘include 4 a clause to indemnify the Government against 5 any failure by the contractor to perform the 6 support contract, and to remain responsible’’ 7 and inserting ‘‘include a requirement that any 8 failure by the contractor to perform the sup- 9 ported contract is not excusable based on use of 10 the support contract, and the contractor is to 11 remain responsible’’; 12 (6) in subsection (e), by striking ‘‘pilot’’; and 13 (7) by striking subsections (f) and (g) and in- 14 serting the following: 15 ‘‘(f) BRIEFINGS.—Not later than April 1, 2025, and 16 annually thereafter for five years, the Secretary of Defense 17 shall submit to the Committees on Armed Services of the 18 Senate and House of Representatives a report describ- 19 ing— 20 ‘‘(1) the cost effectiveness for both the Govern- 21 ment and industry of the program; 22 ‘‘(2) how support contracts under the program 23 affected meeting the requirements of primary con- 24 tracts; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 469 •S 4638 RS ‘‘(3) the number of and location of existing con- 1 tracts.’’. 2 SEC. 877. INCLUSION OF JAPAN AND THE REPUBLIC OF 3 KOREA IN CONTESTED LOGISTICS DEM- 4 ONSTRATION AND PROTOTYPING PROGRAM. 5 Section 842(h)(2) of the National Defense Authoriza- 6 tion Act for Fiscal Year 2024 (Public Law 118–31) is 7 amended— 8 (1) by redesignating subparagraphs (C), (D), 9 and (E) as subparagraphs (D), (F), and (G), respec- 10 tively; 11 (2) by inserting after subparagraph (B) the fol- 12 lowing new subparagraph: 13 ‘‘(C) Japan;’’; and 14 (3) by inserting after subparagraph (D), as re- 15 designated by paragraph (1), the following new sub- 16 paragraph: 17 ‘‘(E) the Republic of Korea;’’. 18 SEC. 878. MODIFICATION TO LIMITATION ON ACQUISITION 19 OF EXCESS SUPPLIES. 20 Section 3070 of title 10, United States Code, is 21 amended— 22 (1) in subsection (a), by inserting ‘‘, or in the 23 case of ship maintenance, overhaul, and repair, in 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 470 •S 4638 RS excess of five years of operating stocks’’ after ‘‘in ex- 1 cess of two years of operating stocks’’; and 2 (2) in subsection (b)(2), by inserting ‘‘, to pro- 3 tect against identified risk of supply chain disrup- 4 tions,’’ before ‘‘or for other reasons of national secu- 5 rity’’. 6 SEC. 879. TECHNICAL EDITS TO SOURCING REQUIREMENTS 7 FOR STRATEGIC MATERIALS AND SENSITIVE 8 MATERIALS. 9 (a) STRATEGIC MATERIALS.—Section 4863 of title 10 10, United States Code, is amended— 11 (1) in subsection (b)(1)— 12 (A) by striking ‘‘Secretary of Defense or 13 the Secretary of the military department con- 14 cerned determines’’ and inserting ‘‘Secretary of 15 Defense determines’’; and 16 (B) by inserting ‘‘at a reasonable price’’ 17 after ‘‘when needed’’; and 18 (2) in subsection (c)(1), by striking ‘‘Acquisi- 19 tions outside the United States in support of combat 20 operations or in support of contingency operations’’ 21 and inserting ‘‘Acquisitions in support of contin- 22 gency operations or for use outside of the United 23 States’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 471 •S 4638 RS (b) SENSITIVE MATERIALS.—Section 4872(c)(2) of 1 title 10, United States Code, is amended by striking ‘‘the 2 sale of any covered material described under subsection 3 (a)(1) by the Secretary outside of the United States for 4 use outside of the United States’’ and inserting ‘‘the sale 5 of any covered material described under subsection (a)(1) 6 by the Secretary outside of the United States in support 7 of contingency operations for use outside of the United 8 States’’. 9 SEC. 880. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 10 STATES CODE, AND OTHER PROVISIONS OF 11 LAW. 12 (a) TECHNICAL AMENDMENTS TO TITLE 10.—Title 13 10, United States Code, is amended as follows: 14 (1) In section 3221(b)(6)(A)— 15 (A) in clause (iii), by striking the semi- 16 colon and inserting ‘‘; and’’; 17 (B) by striking clause (iv); and 18 (C) by redesignating clause (v) as clause 19 (iv). 20 (2) In section 3225(3)(B), by striking ‘‘, or the 21 next quarterly report pursuant to section 2445c of 22 this title in the case of a major automated informa- 23 tion system program’’. 24 (3) In section 3671(b)(5)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 472 •S 4638 RS (A) by striking subparagraphs (B) and 1 (C); 2 (B) in subparagraph (A), by striking the 3 semicolon and inserting a period; and 4 (C) in that matter preceding subparagraph 5 (A), by striking ‘‘subsection if—(A) funds’’ and 6 inserting ‘‘subsection if funds’’. 7 (4) In section 4141(a)(2), by striking ‘‘section 8 2304’’ and inserting ‘‘section 3204’’. 9 (5) In section 4204, by striking subsection (f). 10 (6) In section 4211— 11 (A) by striking ‘‘major automated informa- 12 tion system’’ each place it appears; and 13 (B) in subsection (c)(2)(H), by striking 14 ‘‘sections 3501 through 3511’’ and inserting 15 ‘‘section 3501’’. 16 (7) In section 4505(h)(6), by striking ‘‘section 17 4505(g)(5) of this title’’ and inserting ‘‘paragraph 18 (4)’’. 19 (8) In section 4816(b)(6), by striking ‘‘section 20 2430 of this title or major automated information 21 systems (as defined in section 2445a of this title)’’ 22 and inserting ‘‘section 4201 of this title’’. 23 (b) OTHER TECHNICAL AMENDMENTS.— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 473 •S 4638 RS (1) The following provisions of law are hereby 1 repealed: 2 (A) Section 805 of the National Defense 3 Authorization Act for Fiscal Year 2004 (Public 4 Law 108–136; 117 Stat. 1542). 5 (B) Section 806 of the National Defense 6 Authorization Act for Fiscal Year 2006 (Public 7 Law 109–163; 119 Stat. 3373). 8 (C) Sections 886 and 892 of the National 9 Defense Authorization Act for Fiscal Year 2008 10 (Public Law 110–181; 122 Stat. 266, 270). 11 (D) Section 127 of the Ike Skelton Na- 12 tional Defense Authorization Act for Fiscal 13 Year 2011 (Public Law 111–383; 111 Stat. 14 4161). 15 (E) Sections 828 and 1056 of the National 16 Defense Authorization Act for Fiscal Year 2016 17 (Public Law 114–92; 129 Stat. 910, 984). 18 (F) Sections 235 and 1692 of the National 19 Defense Authorization Act for Fiscal Year 2017 20 (Public Law 114–328; 130 Stat. 2064, 2636). 21 (2) Section 863(b)(1) of the National Defense 22 Authorization Act for Fiscal Year 2011 (Public Law 23 111–383; 124 Stat. 4293) is amended by striking 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 474 •S 4638 RS ‘‘Air Force,’’ and inserting ‘‘Air Force, the Chief of 1 Space Operations,’’. 2 (3) Section 844 of the National Defense Au- 3 thorization Act for Fiscal Year 2012 (Public Law 4 112–81; 125 Stat. 1515) is amended— 5 (A) by striking subsections (a) and (b); 6 and 7 (B) in subsection (c), by striking ‘‘(c) AN- 8 NUAL REPORT ON CONTRACTING IN IRAQ AND 9 AFGHANISTAN.—Section’’ and inserting ‘‘Sec- 10 tion’’; and 11 (4) Paragraph (6) of section 913(b) of the Na- 12 tional Defense Authorization Act for Fiscal Year 13 2018 (Public Law 115–91; 131 Stat. 1523) is 14 amended by striking ‘‘of the Air Force,’’ and insert- 15 ing ‘‘of the Air Force, the Chief of Space Oper- 16 ations,’’. 17 (5) Paragraph (3) of section 862(d) of the 18 James M. Inhofe National Defense Authorization 19 Act for Fiscal Year 2023 (Public Law 117–263; 10 20 U.S.C. 4811 note) is amended— 21 (A) in subparagraph (B), by striking ‘‘; 22 and’’ and inserting a semicolon; 23 (B) in subparagraph (C), by striking the 24 period and inserting ‘‘; and’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 475 •S 4638 RS (C) by adding at the end the following new 1 subparagraph: 2 ‘‘(D) the Chief of Space Operations, with 3 respect to matters concerning the Space 4 Force.’’. 5 SEC. 881. PILOT PROGRAM FOR COMMERCIAL PRODUC- 6 TION OF MUNITIONS. 7 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec- 8 retary of Defense shall establish a pilot program for the 9 licensed production by commercial companies of eligible 10 munitions, munitions test platforms, and mission systems 11 content for such munitions that meet the criteria described 12 in subsection (b). 13 (b) CRITERIA FOR ELIGIBLE MUNITIONS.—Muni- 14 tions, munitions test platforms, and mission systems eligi- 15 ble for the pilot program include— 16 (1) weapons systems or munitions with inven- 17 tory levels below the Total Munitions Requirement 18 (TMR); 19 (2) weapons systems, munitions, or test plat- 20 forms that could fill gaps of munitions below the 21 TMR or that could credibly contribute to delivering 22 similar effects as munitions with programs of record; 23 and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 476 •S 4638 RS (3) munitions, munitions test platforms, or 1 major mission systems content for which the current 2 intellectual property holder or production company 3 assents to participation in the pilot program. 4 (c) SELECTION OF MUNITIONS.—Not later than 5 April 1, 2025, the Secretary of Defense shall designate 6 a minimum of two and a maximum of four munitions, mu- 7 nitions test platforms, or major munition mission systems 8 content, from at least two military departments, for inclu- 9 sion in the pilot program established under subsection (a). 10 (d) REIMBURSEMENT.—The Secretary of Defense 11 may reimburse current intellectual property holders, pro- 12 duction companies, and commercial companies for ex- 13 penses incurred under the pilot program. 14 (e) USE OF INNOVATIVE INTELLECTUAL PROPERTY 15 STRATEGIES.—The Secretary of Defense may use the au- 16 thority to use innovative intellectual property strategies 17 pursuant to section 808 of the National Defense Author- 18 ization Act for Fiscal Year 2024 (Public Law 118–31; 10 19 U.S.C. 3791 note) to carry out the pilot program estab- 20 lished under subsection (a). 21 (f) BRIEFING REQUIREMENT.—Not later than 90 22 days after the date of the enactment of this Act, the Sec- 23 retary of Defense shall brief the congressional defense 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 477 •S 4638 RS committees on the status and progress of the pilot pro- 1 gram. 2 (g) SUNSET.—The pilot program established under 3 subsection (a) shall terminate 5 years after establishment. 4 SEC. 882. PILOT PROGRAM ON USE OF REVERSE ENGINEER- 5 ING FOR PRODUCTION OF PARTS. 6 (a) PILOT PROGRAM REQUIRED.—Not later than one 7 year after the date of the enactment of this Act, the Under 8 Secretary of Defense for Acquisition and Sustainment 9 shall, in coordination with the Secretaries of the military 10 departments and the Director of the Defense Logistics 11 Agency, commence carrying out a pilot program to assess 12 the feasibility and advisability of producing parts through 13 reverse engineering or re-engineering. 14 (b) IDENTIFICATION OF PARTS; PROCEDURES.—In 15 carrying out the pilot program required by subsection (a), 16 the Under Secretary shall, in coordination with the Secre- 17 taries of the military departments and the Director of the 18 Defense Logistics Agency— 19 (1) identify parts for which technical data is 20 not available; and 21 (2) create streamlined procedures for produc- 22 tion of a part identified under paragraph (1) 23 through reverse engineering or re-engineering— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 478 •S 4638 RS (A) when production of the part may be 1 required under a condition of contested logistics 2 and necessitate point of use manufacturing; 3 (B) where the developer of the part will 4 not meet the schedule for deliver required by 5 the contracting officer to maintain weapon sys- 6 tem readiness or responsiveness in the event of 7 mobilization; or 8 (C) when the head of the contracting activ- 9 ity applicable to the part certifies in writing 10 that the Department would benefit from pro- 11 duction of the part through reverse engineering 12 or re-engineering to sustain training or oper- 13 ations for sole-source parts. 14 (c) ANNUAL REPORT.— 15 (1) IN GENERAL.—Not later than one year 16 after the date of the enactment of this Act, and an- 17 nually thereafter until the date specified in sub- 18 section (d), the Under Secretary shall, in coordina- 19 tion with the Secretaries of the military departments 20 and the Director of the Defense Logistics Agency, 21 submit to the congressional defense committees a re- 22 port on the pilot program carried out under sub- 23 section (a). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 479 •S 4638 RS (2) CONTENTS.—The report submitted pursu- 1 ant to paragraph (1) shall include the following: 2 (A) A list of parts produced through re- 3 verse engineering or re-engineering, 4 disaggregated by military department and com- 5 ponent of the Department of Defense, including 6 the use case of each part and whether the part 7 was previously procured under a sole-source. 8 (B) An identification of cost or time saving 9 that was obtained through the use of reverse 10 engineering or re-engineering for the production 11 of a part under the pilot program. 12 (C) Recommendations and lessons learned 13 from the pilot program that can inform con- 14 tracting guidance and procedures, especially re- 15 garding the procurement of technical data 16 rights. 17 (d) SUNSET.—The pilot program required by sub- 18 section (a) shall terminate on December 31, 2030. 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 480 •S 4638 RS SEC. 883. PROHIBITION ON OPERATION, PROCUREMENT, 1 AND CONTRACTING RELATED TO FOREIGN- 2 MADE LIGHT DETECTION AND RANGING 3 TECHNOLOGY USED ON MANNED OR UN- 4 MANNED SYSTEMS. 5 (a) PROHIBITION.—The Secretary of Defense shall 6 not operate or enter into or renew a contract for the pro- 7 curement of— 8 (1) any covered light detection and ranging 9 technology— 10 (A) that is used on manned or unmanned 11 systems; 12 (B) that is manufactured by a covered 13 light detection and ranging company; and 14 (C) that— 15 (i) is manufactured in a covered for- 16 eign country or by an entity domiciled in 17 a covered foreign country; 18 (ii) uses operating software developed 19 in a covered foreign country or by an enti- 20 ty domiciled in a covered foreign country; 21 or 22 (iii) uses network connectivity or data 23 storage located in a covered foreign coun- 24 try or administered by an entity domiciled 25 in a covered foreign country; or 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 481 •S 4638 RS (2) any system that incorporates, interfaces 1 with, or otherwise uses covered light detection and 2 ranging technology described in paragraph (1). 3 (b) EXEMPTION.—The prohibition under subsection 4 (a) shall not apply if the operation, procurement, or con- 5 tracting action is for the purposes of intelligence, elec- 6 tronic warfare, or information warfare operations, testing, 7 analysis, or training. 8 (c) WAIVER.—The Secretary of Defense may waive 9 the prohibition under subsection (a) on a case-by-case 10 basis if the Secretary certifies, in writing, to the congres- 11 sional defense committees that the operation, procure- 12 ment, or contracting action is required in the national in- 13 terest of the United States. 14 (d) EFFECTIVE DATE.—The prohibition under sub- 15 section (a) shall take effect on June 30, 2026. 16 (e) DEFINITIONS.—In this section: 17 (1) COVERED FOREIGN COUNTRY.—The term 18 ‘‘covered foreign country’’ means any of the fol- 19 lowing: 20 (A) The People’s Republic of China. 21 (B) The Islamic Republic of Iran. 22 (C) The Democratic People’s Republic of 23 Korea. 24 (D) The Russian Federation. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 482 •S 4638 RS (2) COVERED LIGHT DETECTION AND RANGING 1 COMPANY.—The term ‘‘covered light detection and 2 ranging company’’ means any of the following: 3 (A) Hesai Technology. 4 (B) RoboSense Technology Co. 5 (C) ZVISION Technologies Co., Ltd. 6 (D) Any subsidiary or affiliate of a com- 7 pany referred to in subparagraph (A), (B), or 8 (C). 9 (E) Any entity that produces or provides 10 light detection and ranging technology and that 11 is included on— 12 (i) the Consolidated Screening List 13 maintained by the International Trade Ad- 14 ministration of the Department of Com- 15 merce; 16 (ii) the Non-SDN Chinese Military-In- 17 dustrial Complex Companies List main- 18 tained by the Office of Foreign Assets 19 Control of by the Department of the 20 Treasury; or 21 (iii) the list of Chinese military com- 22 panies maintained under section 1260H of 23 the William M. (Mac) Thornberry National 24 Defense Authorization Act for Fiscal Year 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 483 •S 4638 RS 2021 (Public Law 116–283; 134 Stat. 1 3965; 10 U.S.C. 113 note). 2 (F) Any entity that produces or provides 3 light detection and ranging technology and 4 that— 5 (i) is domiciled in a covered foreign 6 country; or 7 (ii) is under the ownership, control, or 8 influence of a covered foreign country, as 9 determined by the Secretary of Defense in 10 accordance with the National Industrial 11 Security Program (or any successor pro- 12 gram). 13 (3) COVERED LIGHT DETECTION AND RANGING 14 TECHNOLOGY.—The term ‘‘covered light detection 15 and ranging technology’’ means light detection and 16 ranging technology (commonly referred to as 17 ‘‘LiDAR technology’’) and any related services and 18 equipment. 19 (4) LIGHT DETECTION AND RANGING; LIDAR.— 20 The terms ‘‘light detection and ranging’’ and 21 ‘‘LiDAR’’ mean a sensor that emits light, often in 22 the form of a pulsed or modulated laser, and scans 23 or flashes the environment to detect and measure 24 the range of its surroundings. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 484 •S 4638 RS SEC. 884. REPORTS ON JOINT WARFIGHTER CLOUD CAPA- 1 BILITY CONTRACTS. 2 (a) TASK ORDER REPORTS.— 3 (1) REPORT REQUIREMENT.— 4 (A) IN GENERAL.—Not later than 90 days 5 after the date of the enactment of this Act, and 6 on a biannual basis thereafter until September 7 30, 2030, the Director of the Defense Informa- 8 tion Systems Agency shall produce a report on 9 the contracts relating to the Joint Warfighter 10 Cloud Capability entered into by the Depart- 11 ment of Defense in December 2022 for com- 12 mercial cloud services for the Department. 13 (B) ELEMENTS.—Each report required by 14 subparagraph (A) shall include the following: 15 (i) The number and value of all task 16 orders issued under the contracts described 17 in such subparagraph, disaggregated by 18 vendor, for each military service or Depart- 19 ment of Defense component. 20 (ii) The duration of each such task 21 order. 22 (iii) The number of sole source task 23 orders issued compared to the number of 24 task orders issued on a competitive basis 25 under such contracts. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 485 •S 4638 RS (2) DATA SHARING.—The head of each Depart- 1 ment component or military service shall share such 2 data with the Chief Information Officer of the De- 3 partment as the Chief Information Officer deter- 4 mines necessary to prepare the reports required by 5 paragraph (1)(A). 6 (3) PUBLICATION.—The Secretary of Defense, 7 acting through the Assistant to the Secretary of De- 8 fense for Public Affairs, shall ensure that the re- 9 ports required by paragraph (1)(A) are made avail- 10 able to the public by— 11 (A) posting a publicly releasable version of 12 the report; and 13 (B) upon request, transmitting the releas- 14 able version of those reports. 15 (b) SOLE SOURCE TASK ORDER REPORTS.— 16 (1) IN GENERAL.—Not later than 90 days after 17 the date of the enactment of this Act, and on a 18 semiannual basis thereafter, the head of each De- 19 partment component or military service shall submit 20 to the Committee on Armed Services of the Senate 21 and the Committee on Armed Services of the House 22 of Representatives a report on any sole source task 23 orders awarded by such head under the contracts de- 24 scribed in subsection (a)(1)(A). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 486 •S 4638 RS (2) ELEMENTS.—Each report required by para- 1 graph (1) shall include, with respect to the task 2 order concerned, the following: 3 (A) A description of the order. 4 (B) A summary of services provided under 5 the order. 6 (C) The value of the order. 7 (D) The justification for awarding the 8 order on a sole source basis. 9 (E) An identification of the vendor award- 10 ed the order. 11 SEC. 885. PHASE-OUT OF COMPUTER AND PRINTER ACQUI- 12 SITIONS INVOLVING ENTITIES OWNED OR 13 CONTROLLED BY CHINA. 14 (a) IN GENERAL.—The Secretary of Defense shall 15 procure computers and printers produced by manufactur- 16 ers that are not covered Chinese entities in accordance 17 with the percentage thresholds specified in subsection (b). 18 (b) REQUIRED PERCENTAGES.—The percentage 19 thresholds referred to in subsection (a) are, for both com- 20 puters and printers, as follows: 21 (1) Not less than 10 percent of the Depart- 22 ment’s total procurement beginning in fiscal year 23 2026. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 487 •S 4638 RS (2) Not less than 25 percent of the Depart- 1 ment’s total procurement beginning in fiscal year 2 2027. 3 (3) Not less than 50 percent of the Depart- 4 ment’s total procurement beginning in fiscal year 5 2028. 6 (4) Not less than 95 percent of the Depart- 7 ment’s total procurement beginning in fiscal year 8 2029. 9 (c) WAIVER.—The Secretary of Defense may waive 10 the applicable percentage limitations specified in sub- 11 section (b) if the computers or printers cannot be pro- 12 duced in compliance with such limitations in the required 13 quality or quantity or at a reasonable cost. 14 (d) DEFINITIONS.—In this section: 15 (1) COMPUTER.—The term ‘‘computer’’— 16 (A) means an electronic, magnetic, optical, 17 electrochemical, or other high speed data proc- 18 essing device performing logical, arithmetic, or 19 storage functions, and includes any data stor- 20 age facility or communications facility directly 21 related to or operating in conjunction with such 22 device; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 488 •S 4638 RS (B) does not include an automated type- 1 writer or typesetter, a portable handheld calcu- 2 lator, or other similar device. 3 (2) COVERED CHINESE ENTITY.—The term 4 ‘‘covered Chinese entity’’ means an entity that— 5 (A) is wholly owned by the Government of 6 the People’s Republic of China; or 7 (B) has been determined by the Secretary 8 of Defense to be under the ownership, control, 9 or influence of the Government of the People’s 10 Republic of China. 11 (3) MANUFACTURER.—The term ‘‘manufac- 12 turer’’ means— 13 (A) the entity that transforms raw mate- 14 rials, miscellaneous parts, or components into 15 the end item; 16 (B) any entity that subcontracts with the 17 entity described in subparagraph (A) for the en- 18 tity described in such subparagraph to trans- 19 form raw materials, miscellaneous parts, or 20 components into the end item; 21 (C) any entity that otherwise directs the 22 entity described in subparagraph (A) to trans- 23 form raw materials, miscellaneous parts, or 24 components into the end item; or 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 489 •S 4638 RS (D) any parent company, subsidiary, or af- 1 filiate of the entity described in subparagraph 2 (A). 3 (4) PRINTER.—The term ‘‘printer’’— 4 (A) means desktop printers, multifunction 5 printer copiers, and printer/fax combinations 6 taken out of service that may or may not be de- 7 signed to reside on a work surface, and include 8 various print technologies, including laser and 9 LED (electrographic), ink jet, dot matrix, ther- 10 mal, and digital sublimation, and ″multi- 11 function″ or ″all-in-one″ devices that perform 12 different tasks, including copying, scanning, 13 faxing, and printing; 14 (B) includes floor-standing printers, print- 15 ers with optional floor stand, or household 16 printers; and 17 (C) does not include point of sale (POS) 18 receipt printers, calculators with printing capa- 19 bilities, label makers, or non-standalone print- 20 ers that are embedded into products that are 21 not covered by the definition in subparagraphs 22 (A) and (B). 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 490 •S 4638 RS SEC. 886. PROHIBITION ON DEPARTMENT OF DEFENSE 1 CONTRACTS WITH CHINESE-OWNED ONLINE 2 TUTORING SERVICES. 3 (a) PROHIBITION.—The Department of Defense shall 4 terminate any existing contracts as soon as legally pos- 5 sible, and shall not contract in the future, with any com- 6 pany who provides online tutoring services that is owned 7 or controlled by nationals of the People’s Republic of 8 China. 9 (b) EFFECTIVE DATE.—The prohibition under sec- 10 tion (a) shall take effect 180 days after the date of the 11 enactment of this Act. 12 SEC. 887. REQUIREMENT TO PROCURE DOMESTICALLY 13 PRODUCED GENERIC DRUGS. 14 (a) IN GENERAL.—Subchapter II of chapter 385 of 15 title 10, United States Code, is amended by adding at the 16 end the following new section: 17 ‘‘§ 4865. Requirement to procure domestically pro- 18 duced generic drugs 19 ‘‘(a) IN GENERAL.—The head of a military service 20 or Department of Defense agency or field activity may not 21 enter into a contract for the procurement of generic drugs 22 specified on the list in subsection (c), unless the generic 23 drugs— 24 ‘‘(1) are manufactured in the United States; 25 and 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 491 •S 4638 RS ‘‘(2) use active pharmaceutical ingredients and 1 key starting materials sourced from— 2 ‘‘(A) the United States; or 3 ‘‘(B) a foreign country or instrumentality 4 designated under subsection (b) of section 301 5 of the Trade Agreements Act of 1979 (19 6 U.S.C. 2511) for purposes of the waiver author- 7 ity under subsection (a) of that section. 8 ‘‘(b) AVAILABILITY EXCEPTION.—(1) Subsection (a) 9 does not apply to the head of military service or Depart- 10 ment of Defense agency or field activity if the head deter- 11 mines that satisfactory quality and sufficient quantity of 12 a generic drug described in subsection (a) cannot be pro- 13 cured in sufficient quantities to meet military needs or as 14 and when needed at United States market prices. 15 ‘‘(2) The Secretary of Defense shall notify Congress 16 not less than 15 days after the Department exercises a 17 waiver under paragraph (1). 18 ‘‘(c) DEFENSE-RELEVANT GENERIC DRUG LIST.— 19 Not later than October 1, 2025, the Secretary of Defense 20 shall develop and maintain a list of defense-relevant ge- 21 neric drugs, based on the risk management framework de- 22 veloped under section 860 of the James National Defense 23 Authorization Act for Fiscal Year 2023 (Public Law 117– 24 347; 10 U.S.C. note prec. 3241). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 492 •S 4638 RS ‘‘(d) DEFINITIONS.—In this section: 1 ‘‘(1) ACTIVE PHARMACEUTICAL INGREDIENT.— 2 The term ‘active pharmaceutical ingredient’ has the 3 meaning given such term in section 744A(2) of the 4 Federal Food, Drug, and Cosmetic Act. 5 ‘‘(2) GENERIC DRUG.—The term ‘generic drug’ 6 means a drug approved under subsection (b)(2) or 7 (j) of section 505 of the Federal Food, Drug, and 8 Cosmetic Act (21 U.S.C. 355) or licensed under sec- 9 tion 351(k) of the Public Health Service Act (42 10 U.S.C. 262(k)). 11 ‘‘(3) KEY STARTING MATERIAL.—The term ‘key 12 starting material’ means a raw material, an inter- 13 mediate, or an active pharmaceutical ingredient that 14 is used in the production of an active pharmaceutical 15 ingredient and that is incorporated as a significant 16 structural fragment into the structure of the active 17 pharmaceutical ingredient.’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 at the beginning of such subchapter is amended by insert- 20 ing after the item relating to section 4662 the following 21 new item: 22 ‘‘4865. Requirement to procure domestically produced generic drugs.’’. (c) EFFECTIVE DATE.—The amendments made by 23 this section shall take effect on October 1, 2025. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 493 •S 4638 RS SEC. 888. PROCUREMENT OF DEPARTMENT OF DEFENSE 1 ADVANCED CHEMISTRY BATTERIES. 2 (a) IN GENERAL.—The Secretary of Defense shall 3 procure advanced batteries and cells whose electrode active 4 materials and technology, whether as end items or embed- 5 ded within warfighting and support systems, are sourced, 6 refined, and produced by non-foreign entities of concern 7 in accordance with the percentage thresholds specified in 8 subsection (b). 9 (b) REQUIRED PERCENTAGES.—The percentage 10 thresholds referred to in subsection (a) are as follows: 11 (1) Not less than 10 percent of the Depart- 12 ment’s total advanced battery procurement begin- 13 ning in fiscal year 2026. 14 (2) Not less than 20 percent of the Depart- 15 ment’s total advanced battery procurement begin- 16 ning in fiscal year 2027. 17 (3) Not less than 40 percent of the Depart- 18 ment’s total advanced battery procurement begin- 19 ning in fiscal year 2028. 20 (4) Not less than 80 percent of the Depart- 21 ment’s total advanced battery procurement begin- 22 ning in fiscal year 2029. 23 (c) SOURCING AND PRODUCTION.—For purposes of 24 this section, a battery or cell shall be considered compliant 25 with the requirement under subsection (a) if— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 494 •S 4638 RS (1) the final product is assembled or manufac- 1 tured in the United States, Canada, the United 2 Kingdom, Australia, New Zealand, South Korea, or 3 Japan; 4 (2) more than 95 percent of the electrode active 5 materials and the remaining battery cell components 6 by value originates from sources other than foreign 7 entities of concern (including derivatives, successors, 8 or affiliates of foreign entities of concern); and 9 (3) the production of such battery or cells does 10 not require licensing of technology from a foreign 11 entity of concern or a derivative, successor, or affil- 12 iate of a foreign entity of concern. 13 (d) WAIVER.—The Secretary of Defense may waive 14 the percentage limitations specified in subsection (a) if the 15 batteries and cells cannot be produced in compliance with 16 such limitations in the required quality or quantity or at 17 a reasonable cost. 18 (e) REPORT.—Not later than December 1, 2025, and 19 annually thereafter for three years, the Secretary of De- 20 fense shall provide a briefing to the congressional defense 21 committees on the status of meeting the requirements 22 under subsection (a). 23 (f) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 495 •S 4638 RS (1) ADVANCED BATTERIES.—The term ‘‘ad- 1 vanced batteries’’ has the meaning given the term in 2 section 40207(a) of the Infrastructure Investment 3 and Jobs Act (42 U.S.C. 18741(a)). 4 (2) ELECTRODE ACTIVE MATERIALS.—The 5 term ‘‘electrode active materials’’ means cathode ma- 6 terials, anode materials, anode foils, and electro- 7 chemically active materials, including solvents, addi- 8 tives, and electrolyte salts that contribute to the 9 electrochemical processes necessary for energy stor- 10 age. 11 (3) FOREIGN ENTITY OF CONCERN.—The term 12 ‘‘foreign entity of concern’’ has the meaning given 13 the term in section 40207(a) of the Infrastructure 14 Investment and Jobs Act (42 U.S.C. 18741(a)). 15 SEC. 889. PROHIBITION ON PROCUREMENT AND COM- 16 MISSARY SALES OF SEAFOOD ORIGINATING 17 OR PROCESSED IN CHINA. 18 (a) PROHIBITION ON PROCUREMENT OF SEAFOOD 19 ORIGINATING OR PROCESSED IN CHINA FOR MILITARY 20 DINING FACILITIES.— 21 (1) IN GENERAL.—Except as provided in para- 22 graph (1), the Secretary of Defense may not enter 23 into a contract for the procurement of seafood that 24 originates or is processed in the People’s Republic of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 496 •S 4638 RS China for use in military dining facilities, including 1 galleys onboard United States naval vessels. 2 (2) EXCEPTIONS.— 3 (A) UNDUE BURDEN.—The Secretary of 4 Defense, or a designee of the Secretary, may 5 grant exceptions to the prohibition under para- 6 graph (1) to facilities on military installations 7 located outside of the United States if such pro- 8 hibition would unduly burden or prevent sea- 9 food from being served at such facility. 10 (B) UNITED STATES VESSELS VISITING 11 FOREIGN PORTS.—The Secretary of Defense, or 12 a designee of the Secretary, may grant excep- 13 tions to the prohibition under paragraph (1) to 14 United States vessels visiting foreign ports. 15 (b) PROHIBITION ON SALES OF SEAFOOD ORIGI- 16 NATING IN THE PEOPLE’S REPUBLIC OF CHINA AT COM- 17 MISSARY STORES.— 18 (1) IN GENERAL.—Section 2484 of title 10, 19 United States Code, as amended by section 629, is 20 further amended by adding at the end the following 21 new subsection: 22 ‘‘(m) PROHIBITION ON SALES OF SEAFOOD ORIGI- 23 NATING IN THE PEOPLE’S REPUBLIC OF CHINA.—Raw or 24 processed seafood or seafood products originating in the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 497 •S 4638 RS People’s Republic of China may not be sold at commissary 1 stores.’’. 2 (2) BRIEFING ON COMPLIANCE.—Section 3 2481(c)(4) of such title is amended— 4 (A) in subparagraph (D), by striking ‘‘; 5 and’’ and inserting a semicolon; 6 (B) by redesignating subparagraph (E) as 7 subparagraph (F); and 8 (C) by inserting after subparagraph (D) 9 the following new subparagraph (E): 10 ‘‘(E) an assessment of compliance with the 11 prohibition under section 2484(l) of this title; 12 and’’. 13 (3) TRANSITION RULES.— 14 (A) APPLICABILITY.—The prohibition 15 under subsection (l) of section 2484 of title 10, 16 United States Code, as added by paragraph (1), 17 shall apply on and after the date that is 30 18 days after the date of the enactment of this 19 Act. 20 (B) DISPOSAL OF REMAINING STOCK.— 21 The Director of the Defense Commissary Agen- 22 cy may determine how to dispose of any stock 23 covered by the prohibition under subsection (l) 24 of section 2484 of title 10, United States Code, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 498 •S 4638 RS as added by paragraph (1), that remains as of 1 the date described in subparagraph (A). 2 (c) EFFECTIVE DATE.—The prohibitions under this 3 section, and the amendments made by this section, shall 4 take effect 90 days after the date of the enactment of this 5 Act. 6 SEC. 890. EXTENSION OF POST-GOVERNMENT RESTRIC- 7 TIONS ON SENIOR DEPARTMENT OF DEFENSE 8 OFFICIALS SEEKING EMPLOYMENT WITH DE- 9 FENSE CONTRACTORS. 10 Section 847(a)(1) of the National Defense Authoriza- 11 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 12 U.S.C. 1701 note) is amended by striking ‘‘within two 13 years after leaving service’’ and inserting ‘‘within four 14 years after leaving service’’. 15 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 499 •S 4638 RS 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. REQUIREMENT TO NOTIFY CONGRESS WHEN DEP- 6 UTY SECRETARY OF DEFENSE IS PER- 7 FORMING FUNCTIONS AND DUTIES OF SEC- 8 RETARY OF DEFENSE. 9 Section 132(b) of title 10, United States Code, is 10 amended— 11 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 12 (2) by striking ‘‘The Deputy Secretary shall 13 act’’ and inserting the following: 14 ‘‘(2)(A) The Deputy Secretary shall act’’; and 15 (3) by adding at the end the following new sub- 16 paragraph: 17 ‘‘(B) If the Secretary is unable to perform the func- 18 tions and duties of the office as described in subparagraph 19 (A), the Deputy Secretary, or any other individual per- 20 forming such functions and duties, shall, not later than 21 24 hours before any planned transfer of such functions 22 and duties or 24 hours after any unplanned transfer of 23 such functions and duties, notify the following of the 24 transfer: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 500 •S 4638 RS ‘‘(i) The Committee on Armed Services, the 1 Committee on Appropriations, and the majority and 2 minority leaders of the Senate. 3 ‘‘(ii) The Committee on Armed Services, the 4 Committee on Appropriations, the Speaker, and the 5 minority leader of the House of Representatives.’’. 6 SEC. 902. INCREASE IN AUTHORIZED NUMBER OF DEPUTY 7 ASSISTANT SECRETARIES OF DEFENSE. 8 Section 138(e) of title 10, United States Code, is 9 amended by striking ‘‘60’’ and inserting ‘‘62’’. 10 SEC. 903. MATTERS RELATING TO ASSISTANT SECRETARY 11 OF DEFENSE FOR SPECIAL OPERATIONS AND 12 LOW INTENSITY CONFLICT. 13 (a) IN GENERAL.—Not later than one year after the 14 date of the enactment of this Act, the Secretary of Defense 15 shall— 16 (1) implement a systematic approach to identify 17 and update Department of Defense policies, proc- 18 esses, and policy guidance to institutionalize the re- 19 sponsibilities of the Assistant Secretary of Defense 20 for Special Operations and Low Intensity Conflict 21 (in this section referred to as the ‘‘Assistant Sec- 22 retary’’) for the authority, direction, and control of 23 all special-operations peculiar administrative matters 24 relating to the organization, training, and equipping 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 501 •S 4638 RS of special operations forces in accordance with sec- 1 tion 138(b)(2)(A)(i) of title 10, United States Code, 2 including matters related to the oversight by the As- 3 sistant Secretary of special operations budgeting and 4 programming, legislative affairs, operations, per- 5 sonnel, and public affairs activities and protocol for 6 participation in decision-making fora of the Depart- 7 ment involving special operations forces; 8 (2) develop a long-term staffing plan for the 9 Secretariat for Special Operations established under 10 section 139b(a) of title 10, United States Code, that 11 incorporates strategic workforce planning principles, 12 including an articulation of the mission of the Secre- 13 tariat, an identification of critical skill gaps, and a 14 strategy to hire personnel to address such gaps; 15 (3) produce written departmental guidance to 16 clarify the respective administrative roles of the 17 Under Secretary of Defense for Policy and the As- 18 sistant Secretary, including to ensure adequate sup- 19 port for the Secretariat from Washington Head- 20 quarters Services, the Office of the Director of Ad- 21 ministration and Management, Joint Service Pro- 22 vider, and other administrative offices of the Depart- 23 ment; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 502 •S 4638 RS (4) produce written departmental guidance for 1 the hiring of personnel, the establishment of perma- 2 nent office space in the Pentagon, the provision of 3 information technology equipment and services, and 4 other administrative requirements for the Secre- 5 tariat; 6 (5) establish a process for development, coordi- 7 nation, and issuance by the Assistant Secretary of 8 special operations instructions and other Depart- 9 ment-wide policies, instructions, directive-type mem- 10 orandums, or other documents consistent with the 11 responsibilities assigned to the Assistant Secretary; 12 (6) establish a process for the Assistant Sec- 13 retary and the Commander of the United States 14 Special Operations Command to monitor the pro- 15 motions of special operations forces and coordinate 16 with the military departments regarding the assign- 17 ment, retention, training, professional military edu- 18 cation, and special and incentive pays of special op- 19 erations forces consistent with the responsibilities 20 assigned to the Assistant Secretary and the Com- 21 mander; and 22 (7) establish a Center for Special Operations 23 Analysis to lead special operations-related analysis 24 for the Department and ensure senior civilian and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 503 •S 4638 RS military leaders have adequate analytical support for 1 decision making related to the organization, train- 2 ing, equipping, and employment of special operations 3 forces. 4 (b) PLAN REQUIRED.—Not later than 90 days after 5 the date of the enactment of this Act, the Secretary shall 6 submit to the congressional defense committees a plan, in- 7 cluding appropriate milestones and timelines for comple- 8 tion, for achieving the requirements under subsection (a). 9 SEC. 904. ENHANCED COORDINATION ON INTERNATIONAL 10 COOPERATION ACTIVITIES. 11 (a) PLANNING AND ATTENDANCE FOR CERTAIN BI- 12 LATERAL MEETINGS.—In order to improve understanding 13 of the techno-economic implications of acquisition-related 14 international cooperation activities, the Under Secretary 15 of Defense for Policy shall include the Deputy Assistant 16 Secretary of Defense for International and Industry En- 17 gagement in the planning for and attendance at any bilat- 18 eral meeting with the government of a country that is an 19 ally or partner of the United States in which international 20 cooperation related to foreign military sales, technology 21 acquisition or sustainment, or logistics or industrial base 22 coordination or mobilization, is a likely topic. 23 (b) STUDY ON CAPACITY FOR EXPANDED INTER- 24 NATIONAL COOPERATION ACTIVITIES.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 504 •S 4638 RS (1) IN GENERAL.—Not later than March 1, 1 2025, the Secretary of Defense shall enter into a 2 contract with a nonprofit organization under which 3 that organization— 4 (A) conducts a study with respect to 5 whether the organization, resourcing, manning, 6 and training of the Department of Defense for 7 international cooperation activities is sufficient 8 to support expanded demand for security co- 9 operation activities with countries that are allies 10 and partners of the United States; and 11 (B) submits to the Secretary a report on 12 the results of the study. 13 (2) ELEMENTS.—The study conducted under 14 paragraph (1) shall include the following: 15 (A) An assessment of the roles and respon- 16 sibilities of the Under Secretary of Defense for 17 Policy, the Deputy Assistant Secretary of De- 18 fense for International and Industry Engage- 19 ment, and any other officials the Secretary con- 20 siders appropriate to include, to reduce overlap 21 and increase cooperation between components 22 of the Department of Defense with respect to 23 international cooperation activities. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 505 •S 4638 RS (B) An identification and assessment of 1 mechanisms for coordination with the Depart- 2 ment of State with respect to such activities. 3 (C) An identification and assessment of ex- 4 isting tools in the Department to support inter- 5 national cooperation, including the Global Re- 6 search Watch program and the international re- 7 search offices of the military departments. 8 (D) An identification of industry fora, 9 training or wargaming opportunities, and exer- 10 cise events that could be leveraged to support 11 increased international cooperation activities. 12 (E) An assessment of the success, as of 13 the date of the enactment of this Act, in inte- 14 grating the defense industrial bases of the 15 United States and countries that are allies and 16 partners of the United States, including rec- 17 ommendations with respect to— 18 (i) goals for the end-state of that inte- 19 gration; and 20 (ii) how to integrate of those goals 21 into the strategic planning documents and 22 guidance of the Department. 23 (F) An identification of additional opportu- 24 nities for international defense industrial base 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 506 •S 4638 RS cooperation and specific challenges to acting on 1 those opportunities. 2 (3) SUBMISSION TO CONGRESS.—Not later than 3 September 1, 2025, the Secretary shall submit to 4 the congressional defense committees— 5 (A) the report of the nonprofit organiza- 6 tion under paragraph (1)(B); and 7 (B) any comments of the Secretary with 8 respect to that report. 9 (4) NONPROFIT ORGANIZATION DEFINED.—In 10 this subsection, the term ‘‘nonprofit organization’’ 11 means an organization described in section 501(c)(3) 12 of the Internal Revenue Code of 1986 and exempt 13 from tax under section 501(a) of such Code. 14 SEC. 905. FORCE SIZING ANALYSIS FOR STRATEGIC COM- 15 PETITION. 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 develop a methodology for analyzing United States 19 military force sizing necessary to conduct activities of the 20 Department of Defense in support of strategic competi- 21 tion. 22 (b) CONSIDERATIONS.—In developing the method- 23 ology required by subsection (a), the Secretary shall con- 24 sider, at a minimum, the United States military forces 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 507 •S 4638 RS necessary for activities short of traditional armed conflict, 1 including the following: 2 (1) Campaigning. 3 (2) Building capacity of and security coopera- 4 tion with partner countries. 5 (3) Foreign internal defense. 6 (4) Information operations. 7 (5) Civil affairs. 8 (6) Irregular warfare. 9 (c) REPORT REQUIRED.—Not later than 270 days 10 after the date of the enactment of this Act, the Secretary 11 shall submit to the congressional defense committees a re- 12 port on the methodology developed under subsection (a) 13 that includes, at a minimum, the following: 14 (1) An explanation of the methodology and how 15 the methodology is intended to be applied to future 16 force sizing analysis. 17 (2) An articulation of the roles and responsibil- 18 ities of relevant officials, branches of the Armed 19 Forces, and commands in utilizing the methodology. 20 (3) Such other matters as the Secretary con- 21 siders relevant. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 508 •S 4638 RS SEC. 906. INCLUSION IN DEFENSE PLANNING GUIDANCE OF 1 GUIDANCE ON SIZE, STRUCTURE, AND POS- 2 TURE OF SPECIAL OPERATIONS FORCES. 3 (a) IN GENERAL.—As part of the annual Defense 4 Planning Guidance issued under section 113(g)(2)(A) of 5 title 10, United States Code, the Secretary of Defense 6 shall include guidance with respect to the size, structure, 7 posture, and other force development planning priorities 8 specific to special operations forces. 9 (b) REPORT REQUIRED.— 10 (1) IN GENERAL.—Not later than March 1, 11 2025, and annually thereafter for five years, the 12 Secretary shall submit to the congressional defense 13 committees a report detailing how the Defense Plan- 14 ning Guidance issued under section 113(g)(2)(A) of 15 title 10, United States Code, specifically accounts 16 for the size, structure, posture, and other force de- 17 velopment planning priorities specific to special oper- 18 ations forces necessary— 19 (A) to support the National Defense Strat- 20 egy under section 113(g)(1) of that title; and 21 (B) to carry out the special operations ac- 22 tivities specified in section 167(k) of that title. 23 (2) ELEMENTS.—The annual report required by 24 paragraph (1) shall, at a minimum, describe specific 25 actions taken by the Secretary of the Army, the Sec- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 509 •S 4638 RS retary of the Air Force, and the Secretary of the 1 Navy to coordinate requirements for the organiza- 2 tion, training, and equipping of special operations 3 forces with the Assistant Secretary of Defense for 4 Special Operations and Low Intensity Conflict, con- 5 sistent with responsibilities and authorities of the 6 Assistant Secretary under section 138(b)(2)(A) of 7 title 10, United States Code, in order to achieve con- 8 cepts and goals of— 9 (A) the National Defense Strategy; 10 (B) the Joint Warfighting Concept; 11 (C) the Joint Concept for Competing; and 12 (D) the Strategy for Operations in the In- 13 formation Environment. 14 SEC. 907. REVIEW OF BIODEFENSE POSTURE REVIEW. 15 (a) IN GENERAL.—Not later than December 31, 16 2026, and December 31, 2029, the Secretary of Defense 17 shall, acting through the Biodefense Council, offer to pro- 18 vide a briefing to the Committees on Armed Services of 19 the Senate and the House of Representatives on the Bio- 20 defense Posture Review. 21 (b) ELEMENTS.—Each briefing provided under sub- 22 section (a) shall include an assessment of the following: 23 (1) The current strategy and capabilities of the 24 Department of Defense relating to defending the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 510 •S 4638 RS United States Armed Forces against bioincidents 1 and the ability to campaign and, if necessary, fight 2 and win in a biological threat environment. 3 (2) Changes to policy, law, or appropriations 4 necessary to enhance the effectiveness of the bio- 5 defense capabilities of the Department. 6 (3) Such other such matters as the Council con- 7 siders appropriate. 8 SEC. 908. PLAN FOR ADEQUATE STAFFING OF OFFICE OF 9 ASSISTANT SECRETARY OF DEFENSE FOR IN- 10 DUSTRIAL BASE POLICY AND JOINT PRODUC- 11 TION ACCELERATOR CELL. 12 (a) IN GENERAL.—Not later than 90 days after the 13 date of the enactment of this Act, the Secretary of Defense 14 shall submit to the congressional defense committees a 15 plan for adequately staffing the Office of the Assistant 16 Secretary of Defense for Industrial Base Policy and the 17 Joint Production Accelerator Cell to advise and generate 18 options for the Under Secretary of Defense for Acquisition 19 and Sustainment relating to the duties described in section 20 133b(b)(3) of title 10, United States Code, including sup- 21 ply chain analysis, supplier health analysis, production ca- 22 pacity analysis, and such other analysis as the Under Sec- 23 retary may require. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 511 •S 4638 RS (b) ELEMENTS.—The plan required by subsection (a) 1 shall include the following: 2 (1) An estimate of— 3 (A) the number of personnel necessary to 4 fulfill the responsibilities of the Office of the 5 Assistant Secretary of Defense for Industrial 6 Base Policy and the Joint Production Accel- 7 erator Cell in supporting the Under Secretary 8 of Defense for Acquisition and Sustainment re- 9 lating to the duties described in section 10 133b(b)(3) of title 10, United States Code; and 11 (B) associated funding across the period 12 covered by the most recent future-years defense 13 program under section 221 of that title. 14 (2) A hiring plan, with milestones, for gradually 15 increasing the number of personnel in the Office of 16 the Assistant Secretary of Defense for Industrial 17 Base Policy and the Joint Production Accelerator 18 Cell to the number described in paragraph (1)(A). 19 (3) A breakdown of the optimal mix of military, 20 civilian, and contractor personnel in the Office of the 21 Assistant Secretary of Defense for Industrial Base 22 Policy and the Joint Production Accelerator Cell. 23 (4) An identification of any anticipated funding 24 shortfalls for personnel in the Office of the Assistant 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 512 •S 4638 RS Secretary of Defense for Industrial Base Policy and 1 the Joint Production Accelerator Cell across the pe- 2 riod covered by the most recent future-years defense 3 program. 4 (5) Any other matters the Secretary determines 5 relevant. 6 SEC. 909. ESTABLISHMENT OF CHIEF MANAGEMENT OFFI- 7 CER; ELEVATION OF DIRECTOR OF ADMINIS- 8 TRATION AND MANAGEMENT. 9 (a) ESTABLISHMENT OF CHIEF MANAGEMENT OFFI- 10 CER.— 11 (1) IN GENERAL.—Chapter 4 of title 10, United 12 States Code, is amended by inserting after section 13 132 the following new section: 14 ‘‘§ 133. Chief Management Officer 15 ‘‘(a) ESTABLISHMENT.— 16 ‘‘(1) APPOINTMENT.—There is a Chief Manage- 17 ment Officer of the Department of Defense, ap- 18 pointed from civilian life by the President, by and 19 with the advice and consent of the Senate. 20 ‘‘(2) PERFORMANCE IMPROVEMENT OFFICER.— 21 The Chief Management Officer shall oversee all du- 22 ties of the Performance Improvement Officer of the 23 Department of Defense. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 513 •S 4638 RS ‘‘(3) QUALIFICATIONS.—The Chief Manage- 1 ment Officer shall be appointed from among persons 2 who have an extensive management or business 3 background and experience with managing large or 4 complex organizations. 5 ‘‘(b) RESPONSIBILITIES.—Subject to the authority, 6 direction, and control of the Secretary of Defense and the 7 Deputy Secretary of Defense, the Chief Management Offi- 8 cer shall perform such duties and exercise such powers as 9 the Secretary or the Deputy Secretary may prescribe, in- 10 cluding the following: 11 ‘‘(1) Responsibility for establishment and imple- 12 mentation of the Department of Defense Strategic 13 Management Plan. 14 ‘‘(2) Responsibility for the Defense Perform- 15 ance Improvement Council. 16 ‘‘(3) Responsibility for the Defense Perform- 17 ance Improvement Framework, as established under 18 section 125a of this title. 19 ‘‘(4) Responsibility for the execution of not less 20 than two Defense Management Action Group agen- 21 das annually relating to the Strategic Management 22 Plan. 23 ‘‘(5) Oversight of transformational business 24 modernization of the Department of Defense. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 514 •S 4638 RS ‘‘(6) Oversight of implementation of solutions to 1 solve issues identified by the High Risk List, and 2 other recommendations, of the Government Account- 3 ability Office. 4 ‘‘(7) Serving as the lead official devoted to 5 modernizing the business processes of the Depart- 6 ment that serve as the baseline for all external ac- 7 quisition and internal operations. 8 ‘‘(8) Oversight and management of the Defense 9 Management Institute. 10 ‘‘(9) Serving as an ex officio member of the De- 11 fense Business Council. 12 ‘‘(10) Maintaining convening authority within 13 the Department for the responsibilities described in 14 this subsection, and in accordance with the prece- 15 dence described in subsection (c). 16 ‘‘(c) PRECEDENCE.—The Chief Management Officer 17 takes precedence in the Department of Defense after the 18 Secretary of Defense and the Deputy Secretary of De- 19 fense. 20 ‘‘(d) COMPENSATION.—The Chief Management Offi- 21 cer shall be compensated at the rate payable for level II 22 of the Executive Schedule under section 5313 of title 5.’’. 23 (2) COMPENSATION OF CHIEF MANAGEMENT 24 OFFICER.—Section 5313 of title 5, United States 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 515 •S 4638 RS Code, is amended by adding at the following new 1 item: 2 ‘‘Chief Management Officer, Department 3 of Defense.’’. 4 (3) CLERICAL AMENDMENT.—The table of sec- 5 tions at the beginning of chapter 4 of title 10, 6 United States Code, is amended by inserting after 7 the item relating to section 132 the following new 8 item: 9 ‘‘133. Chief Management Officer.’’. (b) GUIDANCE REQUIRED.—Not later than 180 days 10 after the date of the enactment of this Act, the Secretary 11 of Defense shall— 12 (1) issue guidance to clearly delineate the au- 13 thorities and responsibilities of the Chief Manage- 14 ment Officer of the Department of Defense; and 15 (2) provide a charter for the position of the 16 Chief Management Officer to fully vest the authority 17 of the Chief Management Officer within the Depart- 18 ment of Defense. 19 (c) DEFENSE MANAGEMENT INSTITUTE STAFFING 20 REQUIREMENT.—The Secretary of Defense shall conduct 21 a study to identify the appropriate staffing requirement 22 in support the role of the Chief Management Officer in 23 overseeing the Defense Management Institute under sec- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 516 •S 4638 RS tion 133 of title 10, United States Code, as added by sub- 1 section (a). 2 (d) GOVERNMENT ACCOUNTABILITY OFFICE RE- 3 VIEW.—The Comptroller General of the United States 4 shall— 5 (1) review the duties, staffing, and funding of 6 the Performance Improvement Officer of the De- 7 partment of Defense as of the date of the enactment 8 of this Act; and 9 (2) make recommendations with respect to the 10 necessity of expanding the duties and staffing, and 11 increasing funding, for the Performance Improve- 12 ment Officer. 13 (e) ELEVATION OF DIRECTOR OF ADMINISTRATION 14 AND MANAGEMENT.— 15 (1) IN GENERAL.—The individual serving as 16 the Director of Administration and Management of 17 the Department of Defense on the day before the 18 date of the enactment of this Act shall serve, on and 19 after that date, as the Chief Management Officer es- 20 tablished by section 133 of title 10, United States 21 Code, as added by subsection (a). 22 (2) REFERENCES.—On and after the date of 23 the enactment of this Act, any reference in any law 24 or regulation to the Director of Administration and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 517 •S 4638 RS Management shall be deemed to be a reference to 1 the Chief Management Officer. 2 Subtitle B—Other Department of 3 Defense Organization and Man- 4 agement Matters 5 SEC. 911. ESTABLISHMENT OF OFFICE OF EXPANDED COM- 6 PETITION. 7 (a) IN GENERAL.—Chapter 903 of title 10, United 8 States Code, is amended by adding at the end the fol- 9 lowing new section: 10 ‘‘§ 9025. Office of Expanded Competition 11 ‘‘(a) ESTABLISHMENT.—There is in the Office of the 12 Secretary of the Air Force an office to be known as the 13 Office of Expanded Competition (in this section referred 14 to as the ‘Office’). 15 ‘‘(b) DIRECTOR.—The head of the Office shall be the 16 Director, who shall be appointed by the Secretary of the 17 Air Force from among employees of the Department of 18 Defense in Senior Executive Service positions (as defined 19 in section 3132 of title 5). 20 ‘‘(c) DUTIES.—The Office shall, using authorities 21 available to the Department of Defense before the date 22 of the enactment of this section— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 518 •S 4638 RS ‘‘(1) conduct coordinated and integrated anal- 1 ysis of adversarial capital flows into industries or 2 businesses of interest to the Department; 3 ‘‘(2) identify and prioritize promising critical 4 technologies and assets for the Department in need 5 of capital assistance, including with foreign entities; 6 ‘‘(3) fund investments in such technologies and 7 assets, including supply chain technologies not al- 8 ways supported through direct investment; 9 ‘‘(4) support coordination and outreach with 10 technology scouting and acquisition elements of the 11 Department to support the investment decision-mak- 12 ing of those elements and consideration of how to 13 counteract entities employing adversarial capital 14 flows against industries or businesses described in 15 paragraph (1), including the employment of relevant 16 authorities vested in other components of the De- 17 partment and the Federal Government; 18 ‘‘(5) identify, accelerate, and sustain the estab- 19 lishment, research, development, construction, pro- 20 curement, leasing, consolidation, alteration, improve- 21 ment, modernization, and repair of tangible and in- 22 tangible assets vital to the national security of the 23 United States; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 519 •S 4638 RS ‘‘(6) help the Department provide capital assist- 1 ance to entities, including foreign entities, engaged 2 in investments that facilitate the efforts of the Sec- 3 retary; 4 ‘‘(7) experiment, prototype, test, or validate 5 Government-developed or commercially developed an- 6 alytical tools, processes, and tradecraft to improve 7 the due diligence and investment analysis processes 8 for the Department; and 9 ‘‘(8) assist the Secretary of Defense in devel- 10 oping access and placement using commercial 11 means. 12 ‘‘(d) DEFINITIONS.—In this section: 13 ‘‘(1) ADVERSARIAL CAPITAL FLOW.—The term 14 ‘adversarial capital flow’ means an investment by— 15 ‘‘(A) the government of a country that is 16 an adversary of the United States; or 17 ‘‘(B) an entity organized under the laws 18 of, or otherwise subject to the jurisdiction of, 19 such a country. 20 ‘‘(2) CAPITAL ASSISTANCE.—The term ‘capital 21 assistance’ means a loan, loan guarantee, or tech- 22 nical assistance.’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 520 •S 4638 RS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of such chapter is amended by adding 2 at the end the following new item: 3 ‘‘9025. Office of Expanded Competition.’’. SEC. 912. JOINT FEDERATED ASSURANCE CENTER. 4 (a) IN GENERAL.—Subchapter III of chapter 303 of 5 title 10, United States Code, is amended by adding at the 6 end the following new section: 7 ‘‘§ 4128. Joint Federated Assurance Center 8 ‘‘(a) ESTABLISHMENT.—There is in the Office of the 9 Under Secretary of Defense for Research and Engineering 10 a Joint Federated Assurance Center (in this section re- 11 ferred to as the ‘Center’). 12 ‘‘(b) PURPOSE.—The purpose of the Center shall be 13 to serve as a joint, Department-wide federation of capa- 14 bilities to support the assurance needs of the Department 15 of Defense by ensuring, pursuant to policies related to 16 hardware and software assurance and supply chain risk 17 management, that the software and hardware developed, 18 acquired, maintained, and used by the Department are 19 free from intentional and unintentional vulnerability dur- 20 ing the life-cycle of development and deployment of as- 21 sured, trustworthy defense systems. 22 ‘‘(c) DUTIES.—In carrying out the purpose described 23 in subsection (b), the Center shall maintain capabilities 24 for the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 521 •S 4638 RS ‘‘(1) Knowledge management for hardware and 1 software assurance— 2 ‘‘(A) to serve as the central repository for 3 knowledge and best practices— 4 ‘‘(i) to gain Department-wide visibility 5 on strategy, use cases, procurement, in- 6 vestment, and other relevant activities; 7 ‘‘(ii) to aggregate, where practicable, 8 purchases by the Department; and 9 ‘‘(iii) to maximize the influence of the 10 Department on the marketplace; 11 ‘‘(B) to coordinate and improve Depart- 12 ment and program-specific part selection and 13 management, as well as forecasted needs and 14 resulting procurement; 15 ‘‘(C) to enable and facilitate access to a 16 universal platform, including a common inter- 17 face and nomenclature, across the Department 18 and supporting agencies; and 19 ‘‘(D) to develop and standardize policies, 20 procedures, and independent validation and 21 verification test capabilities— 22 ‘‘(i) in support of timely fielding of 23 current and future technologies to the 24 armed forces; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 522 •S 4638 RS ‘‘(ii) to increase efficiencies to lever- 1 age emerging technologies; 2 ‘‘(iii) to increase resiliency of systems; 3 ‘‘(iv) to leverage economies of scale; 4 and 5 ‘‘(v) to support other relevant pur- 6 poses. 7 ‘‘(2) Assurance capabilities for hardware and 8 software assurance— 9 ‘‘(A) to mature assessment criteria and en- 10 able scalable deployment of commercial best 11 practices for evidence-based assurance of trust- 12 ed defense microelectronics system needs, with 13 emphasis on commercial security protocols that 14 are transferable to defense applications; 15 ‘‘(B) to scale the Center for Department- 16 wide access, through the resourcing of adequate 17 personnel to address standardization and auto- 18 mation of data collection and analysis; 19 ‘‘(C) to utilize data from commercial as- 20 surance processes to ensure Department hard- 21 ware and software meet standards, applications, 22 and requirements, including through compara- 23 tive analysis and data modeling with other enti- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 523 •S 4638 RS ties charged with related mandates, including 1 the Defense Microelectronics Activity; 2 ‘‘(D) to seek and apply commercial best 3 practices, where practicable, through industry 4 collaboration, mutual pilot programs, and co-de- 5 velopment of data dictionaries, templates, and 6 other tools in support of microelectronics and 7 software assurance; and 8 ‘‘(E) to develop and align Department pol- 9 icy, investments, and activities with evidence- 10 based commercial best practices, where prac- 11 ticable, with the overarching goal of providing 12 confidence that microelectronics systems and 13 software and their constituent elements reason- 14 ably function as intended. 15 ‘‘(3) For contracts for application-specific inte- 16 grated circuits designed by defense industrial base 17 contractors, develop guidance for— 18 ‘‘(A) the use of evidence-based assurance 19 processes and techniques that are included in 20 the contract data requirements list; 21 ‘‘(B) the use of commercial best industry 22 practices for confidentiality, integrity, and 23 availability; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 524 •S 4638 RS ‘‘(C) the establishment of a library of cer- 1 tified third-party intellectual property for reuse, 2 including reuse of transistor layouts, cells, and 3 macrocells; 4 ‘‘(D) legal mechanisms for data collection 5 and sharing; and 6 ‘‘(E) the adoption of automation tech- 7 nology to achieve efficiency. 8 ‘‘(4) The development, maintenance, and 9 sustainment of relevant evidence-based assurance 10 standards for developing, procuring, and deploying 11 hardware and software assurance, including— 12 ‘‘(A) evidence-based assurance processes 13 and techniques that sustain, build on, auto- 14 mate, and scale up the results and accomplish- 15 ments of prototyping programs to enhance the 16 confidentiality, integrity, and availability of 17 microelectronics while minimizing costs and im- 18 pacts to commercial manufacturing practices; 19 ‘‘(B) validation methods for such processes 20 and techniques, in coordination with the devel- 21 opmental and operational test and evaluation 22 community, as the Under Secretary determines 23 necessary; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 525 •S 4638 RS ‘‘(C) threat models that comprehensively 1 characterize the threat to microelectronics con- 2 fidentiality, integrity, and availability across the 3 entire supply chain, and the design, production, 4 packaging, and deployment cycle to support risk 5 management and risk mitigation, based on the 6 principle of reducing risk to as low a level as 7 reasonably practicable, including— 8 ‘‘(i) comparative risk assessments; 9 and 10 ‘‘(ii) balanced and practical invest- 11 ments in assurance based on risks and re- 12 turns; 13 ‘‘(D) trusted systems, network criticality 14 levels, and associated requirements for the pro- 15 duction and acquisition of commercial-off-the- 16 shelf integrated circuits, integrated circuits sub- 17 ject to the International Traffic in Arms Regu- 18 lations under subchapter M of chapter I of title 19 22, Code of Federal Regulations, or successor 20 regulations, and classified integrated circuits 21 using commercial foundry manufacturing proc- 22 ess flows; 23 ‘‘(E) guides for Federal Government pro- 24 gram evaluators, program offices, and industry 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 526 •S 4638 RS to meet microelectronics assurance require- 1 ments; and 2 ‘‘(F) guidance for the establishment of a 3 government organizational structure and plan 4 to support the acquisition of fit-for-purpose 5 microelectronics. 6 ‘‘(d) DISCHARGE OF ESTABLISHMENT.— 7 ‘‘(1) IN GENERAL.—In providing for the estab- 8 lishment of the Center, the Secretary shall consider 9 whether the purpose of the Center can be met by ex- 10 isting centers in the Department that provide some 11 or part of the hardware or software assurance capa- 12 bilities needed to carry out the purpose described in 13 subsection (b). 14 ‘‘(2) STRATEGY.—If the Secretary determines 15 under paragraph (1) that there are capability gaps 16 that cannot be satisfied by existing centers, the Sec- 17 retary shall develop a strategy for creating and pro- 18 viding resources to fill those gaps. 19 ‘‘(e) REVISED CHARTER.—Not later than 180 days 20 after the date of the enactment of this section, the Sec- 21 retary shall issue a revised charter for the Center. The 22 charter shall— 23 ‘‘(1) be established pursuant to the trusted and 24 assured defense systems strategy of the Department 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 527 •S 4638 RS and supporting policies related to hardware and soft- 1 ware assurance and supply chain risk management; 2 and 3 ‘‘(2) set forth— 4 ‘‘(A) the role and authorities of the Center 5 in supporting program offices in implementing 6 the trusted defense systems strategy of the De- 7 partment; 8 ‘‘(B) the software and hardware assurance 9 expertise and capabilities of the Center, includ- 10 ing policies, standards, requirements, best prac- 11 tices, contracting, training, and testing; 12 ‘‘(C) the requirements for the discharge by 13 the Center of a program of research and devel- 14 opment to improve automated software code 15 vulnerability analysis and testing tools; 16 ‘‘(D) the requirements for the Center to 17 procure, manage, and distribute enterprise li- 18 censes for automated vulnerability analysis 19 tools, including for automated software code 20 analysis and tools used in the design and manu- 21 facture of microelectronics; and 22 ‘‘(E) the requirements for the discharge by 23 the Center of a program of research and devel- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 528 •S 4638 RS opment to improve hardware vulnerability, test- 1 ing, and protection tools.’’. 2 (b) BRIEFING REQUIRED.—Not later than 240 days 3 after the date of the enactment of this Act, the Secretary 4 of Defense shall provide a briefing to the Committees on 5 Armed Services of the Senate and the House of Represent- 6 atives on the status of the formal establishment and revi- 7 sions to the charter of the Joint Federated Analysis Cen- 8 ter under section 4218 of title 10, United States Code, 9 as added by subsection (a). 10 (c) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of subchapter III of chapter 303 is 12 amended by adding at the end the following new item: 13 ‘‘4128. Joint Federated Assurance Center.’’. (d) CONFORMING REPEAL.—Section 937 of the Na- 14 tional Defense Authorization Act for Fiscal Year 2014 15 (Public Law 113–66; 10 U.S.C. 2224 note) is repealed. 16 SEC. 913. MODIFICATIONS TO MAKE PERMANENT THE OF- 17 FICE OF STRATEGIC CAPITAL PROGRAM ON 18 CAPITAL ASSISTANCE. 19 (a) IN GENERAL.—Section 149 of title 10, United 20 States Code, is amended— 21 (1) by striking subsection (d) and inserting the 22 following new subsection (d): 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 529 •S 4638 RS ‘‘(d) PROGRAM ON CAPITAL ASSISTANCE TO SUP- 1 PORT DEFENSE INVESTMENT IN THE INDUSTRIAL 2 BASE.— 3 ‘‘(1) ESTABLISHMENT.—To the extent and in 4 such amounts as specifically provided in advance in 5 appropriations Acts for the purposes detailed in this 6 subsection, the Secretary of Defense, acting through 7 the Director, may carry out a program under this 8 subsection to provide capital assistance to eligible 9 entities for eligible investments to develop tech- 10 nologies that support the duties and elements of the 11 Office and meet the needs of the Department of De- 12 fense. 13 ‘‘(2) ELIGIBILITY AND APPLICATION PROC- 14 ESS.— 15 ‘‘(A) IN GENERAL.—An eligible entity 16 seeking capital assistance for an eligible invest- 17 ment under this section shall submit to the Di- 18 rector an application at such time, in such man- 19 ner, and containing such information as the Di- 20 rector may require. 21 ‘‘(B) SELECTION OF INVESTMENTS.—The 22 Director shall establish criteria for selecting 23 among eligible investments for which applica- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 530 •S 4638 RS tions are submitted under subparagraph (A). 1 The criteria shall include— 2 ‘‘(i) the extent to which an investment 3 supports the national security of the 4 United States; 5 ‘‘(ii) the likelihood that capital assist- 6 ance provided for an investment would en- 7 able the investment to proceed sooner than 8 the investment would otherwise be able to 9 proceed; and 10 ‘‘(iii) the creditworthiness of an in- 11 vestment. 12 ‘‘(3) CAPITAL ASSISTANCE.— 13 ‘‘(A) LOANS AND LOAN GUARANTEES.— 14 ‘‘(i) IN GENERAL.—To the extent and 15 in such amounts as specifically provided in 16 advance in appropriations Acts for the pur- 17 poses detailed in this subsection, the Direc- 18 tor may provide loans or loan guarantees 19 to finance or refinance the costs of an eli- 20 gible investment selected pursuant to para- 21 graph (2)(B). 22 ‘‘(ii) ADMINISTRATION OF LOANS.— 23 ‘‘(I) INTEREST RATE.— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 531 •S 4638 RS ‘‘(aa) IN GENERAL.—Except 1 as provided under item (bb), the 2 interest rate on a loan provided 3 under clause (i) shall be not less 4 than the yield on marketable 5 United States Treasury securities 6 of a similar maturity to the ma- 7 turity of the loan on the date of 8 execution of the loan agreement. 9 ‘‘(bb) EXCEPTION.—The Di- 10 rector may waive the requirement 11 under item (aa) with respect to 12 an investment if the investment 13 is determined by the Secretary of 14 Defense to be vital to the na- 15 tional security of the United 16 States. 17 ‘‘(cc) CRITERIA.—The Di- 18 rector shall establish separate 19 and distinct criteria for interest 20 rates for loan guarantees with 21 private sector lending institu- 22 tions. 23 ‘‘(II) FINAL MATURITY DATE.— 24 The final maturity date of a loan pro- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 532 •S 4638 RS vided under clause (i) shall be not 1 later than 50 years after the date on 2 which the loan was provided. 3 ‘‘(III) PREPAYMENT.—A loan 4 provided under clause (i) may be paid 5 earlier than is provided for under the 6 loan agreement without a penalty. 7 ‘‘(IV) NONSUBORDINATION.— 8 ‘‘(aa) IN GENERAL.—A loan 9 provided under clause (i) shall 10 not be subordinated to the claims 11 of any holder of investment obli- 12 gations in the event of bank- 13 ruptcy, insolvency, or liquidation 14 of the obligor. 15 ‘‘(bb) EXCEPTION.—The Di- 16 rector may waive the requirement 17 under item (aa) with respect to 18 the investment in order to miti- 19 gate risks to loan repayment. 20 ‘‘(V) SALE OF LOANS.—The Di- 21 rector may sell to another entity or 22 reoffer into the capital markets a loan 23 provided under clause (i) if the Direc- 24 tor determines that the sale or re- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 533 •S 4638 RS offering can be made on favorable 1 terms. 2 ‘‘(VI) LOAN GUARANTEES.—Any 3 loan guarantee provided under clause 4 (i) shall specify the percentage of the 5 principal amount guaranteed. If the 6 Secretary determines that the holder 7 of a loan guaranteed by the Depart- 8 ment of Defense defaults on the loan, 9 the Director shall pay the holder as 10 specified in the loan guarantee agree- 11 ment. 12 ‘‘(VII) INVESTMENT-GRADE RAT- 13 ING.—The Director shall establish a 14 credit rating system to ensure a rea- 15 sonable reassurance of repayment. 16 The system may include use of exist- 17 ing credit rating agencies where ap- 18 propriate. 19 ‘‘(VIII) TERMS AND CONDI- 20 TIONS.—Loans and loan guarantees 21 provided under clause (i) shall be sub- 22 ject to such other terms and condi- 23 tions and contain such other cov- 24 enants, representations, warranties, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 534 •S 4638 RS and requirements (including require- 1 ments for audits) as the Secretary de- 2 termines appropriate. 3 ‘‘(IX) APPLICABILITY OF FED- 4 ERAL CREDIT REFORM ACT OF 1990.— 5 Loans and loan guarantees provided 6 under clause (i) shall be subject to the 7 requirements of the Federal Credit 8 Reform Act of 1990 (2 U.S.C. 661 et 9 seq.). 10 ‘‘(B) TECHNICAL ASSISTANCE.—Subject to 11 appropriations Acts, the Director may provide 12 technical assistance with respect to developing 13 and financing investments to eligible entities 14 seeking capital assistance for eligible invest- 15 ments and eligible entities receiving capital as- 16 sistance under this subsection. 17 ‘‘(C) TERMS AND CONDITIONS.— 18 ‘‘(i) AMOUNT OF CAPITAL ASSIST- 19 ANCE.—To the extent and in such amounts 20 as specifically provided in advance in ap- 21 propriations Acts for the purposes detailed 22 in this subsection, the Director shall pro- 23 vide to an eligible investment selected pur- 24 suant to paragraph (2)(B) the amount of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 535 •S 4638 RS capital assistance necessary to carry out 1 the investment. 2 ‘‘(ii) USE OF UNITED STATES DOL- 3 LARS.—All financial transactions con- 4 ducted under this section shall be con- 5 ducted in United States dollars. 6 ‘‘(4) ESTABLISHMENT OF ACCOUNTS.— 7 ‘‘(A) CREDIT PROGRAM ACCOUNT.— 8 ‘‘(i) ESTABLISHMENT.—There is es- 9 tablished in the Treasury of the United 10 States a Department of Defense Credit 11 Program Account to execute loans and 12 loan guarantees in accordance with section 13 502 of the Federal Credit Reform Act of 14 1990 (2 U.S.C. 661a). 15 ‘‘(ii) FUNDING.—The Credit Program 16 Account shall consist of amounts appro- 17 priated pursuant to the authorization of 18 appropriations. 19 ‘‘(B) USE OF FUNDS.—To the extent and 20 in such amounts as specifically provided in ad- 21 vance in appropriations Acts for the purposes 22 detailed in this subsection, the Director is au- 23 thorized to pay, from amounts in the Depart- 24 ment of Defense Credit Program Account— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 536 •S 4638 RS ‘‘(i) the cost, as defined in section 502 1 of the Federal Credit Reform Act of 1990 2 (2 U.S.C. 661a), of loans and loan guaran- 3 tees and other capital assistance; 4 ‘‘(ii) administrative expenses associ- 5 ated with activities under this section; 6 ‘‘(iii) project-specific transaction 7 costs; and 8 ‘‘(iv) the cost of providing support au- 9 thorized by this subsection. 10 ‘‘(5) REGULATIONS.—The Secretary of Defense 11 may prescribe such regulations as the Secretary de- 12 termines to be appropriate to carry out this sub- 13 section. 14 ‘‘(6) ANNUAL REPORT.—Not later than the 15 first Monday in February of a fiscal year, the Sec- 16 retary of Defense shall submit to the congressional 17 defense committees an annual report describing ac- 18 tivities carried out pursuant to this subsection in the 19 preceding fiscal year and the goals of the Depart- 20 ment of Defense in accordance with this subsection 21 for the next fiscal year. 22 ‘‘(7) NOTIFICATION REQUIREMENT.—The Sec- 23 retary of Defense shall notify the congressional de- 24 fense committees not later than 30 days after a use 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 537 •S 4638 RS of loans, loan guarantees, or technical assistance 1 under this subsection.’’; and 2 (2) in subsection (e)— 3 (A) by striking paragraph (2); 4 (B) by redesignating paragraphs (3) and 5 (4) as paragraphs (2) and (3), respectively; 6 (C) in paragraph (3), as so redesignated, 7 by striking ‘‘that’’ and all that follows through 8 ‘‘is not’’ and inserting ‘‘that is not’’; and 9 (D) by adding at the end the following new 10 paragraph: 11 ‘‘(4) The term ‘obligor’ means a party that is 12 primarily liable for payment of the principal of or in- 13 terest on a loan.’’. 14 (b) CONFORMING REPEAL.—Section 903(b) of the 15 National Defense Authorization Act for Fiscal Year 2024 16 (Public Law 118–31; 10 U.S.C. 4811 note) is repealed. 17 SEC. 914. ADDITION OF PERFORMANCE IMPROVEMENT OF- 18 FICER AS CO-CHAIR OF DEFENSE BUSINESS 19 COUNCIL. 20 Section 2222(f)(1) of title 10, United States Code, 21 is amended, in the second sentence— 22 (1) by striking ‘‘chaired’’ and inserting ‘‘co- 23 chaired’’; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 538 •S 4638 RS (2) by inserting ‘‘and the Performance Improve- 1 ment Officer’’ after ‘‘Officer’’. 2 SEC. 915. ESTABLISHMENT OF CROSS-FUNCTIONAL TEAM 3 TO OVERSEE IMPLEMENTATION OF REC- 4 OMMENDATIONS OF COMMISSION ON PLAN- 5 NING, PROGRAMMING, BUDGETING, AND EXE- 6 CUTION REFORM. 7 (a) IN GENERAL.—Not later than 60 days after the 8 date of the enactment of this Act, the Secretary of Defense 9 shall, using the authority provided under section 911(c) 10 of the National Defense Authorization Act for Fiscal Year 11 2017 (Public Law 114–328; 10 U.S.C. 111 note) and in 12 coordination with the officials specified in subsection (g), 13 establish and appropriately resource a cross-functional 14 team to plan and oversee, in coordination with the con- 15 gressional defense committees, the implementation of the 16 recommendations of the Commission on Planning, Pro- 17 gramming, Budgeting, and Execution Reform established 18 by section 1004 of the National Defense Authorization Act 19 for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 20 1884). 21 (b) REPORTING.—The cross-functional team required 22 by subsection (a) shall report directly to the Deputy Sec- 23 retary of Defense. 24 (c) COMPOSITION.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 539 •S 4638 RS (1) IN GENERAL.—The cross-functional team 1 required by subsection (a) shall include dedicated, 2 appropriate personnel with relevant expertise. 3 (2) HIRING AUTHORITIES.—In establishing the 4 cross-functional team, the Secretary may— 5 (A) hire personnel on a temporary or term 6 basis to support the activities of the cross-func- 7 tional team; and 8 (B) enter into contracts or other agree- 9 ments with subject-matter experts with relevant 10 expertise to support the cross-functional team. 11 (3) COMPENSATION.—Basic pay for personnel 12 on the cross-functional team may be administratively 13 determined and set in accordance with section 14 3161(d) of title 5, United States Code. 15 (4) INAPPLICABILITY OF CERTAIN LIMITA- 16 TION.—An individual hired under this subsection 17 who is not employed by the Department of Defense 18 as of the date of the enactment of this Act is not 19 subject to the limitations under section 143 of title 20 10, United States Code. 21 (d) CONSULTATIONS WITH CONGRESS.—Not later 22 than 30 days after the date of the enactment of this Act, 23 the Deputy Secretary shall— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 540 •S 4638 RS (1) provide a briefing to the congressional de- 1 fense committees on the proposed leadership, com- 2 position, and charter of the cross-functional team re- 3 quired by subsection (a); and 4 (2) seek feedback from the congressional de- 5 fense committees on the recommendations of the 6 Commission on Planning, Programming, Budgeting, 7 and Execution Reform. 8 (e) ANNUAL REPORT.— 9 (1) IN GENERAL.—The Deputy Secretary shall 10 submit to the congressional defense committees a re- 11 port describing the status of the implementation of 12 the recommendations of the Commission on Plan- 13 ning, Programming, Budgeting, and Execution Re- 14 form— 15 (A) not later than 180 days after the date 16 of the enactment of this Act; and 17 (B) in the budget justification materials 18 submitted to Congress in support of the De- 19 partment of Defense budget (as submitted with 20 the budget of the President under section 21 1105(a) of title 31, United States Code) for 22 each of fiscal years 2027 through 2030. 23 (2) ELEMENTS.—Each report required by para- 24 graph (1) shall include the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 541 •S 4638 RS (A) An assessment of the status of the im- 1 plementation of the recommendations described 2 in paragraph (1). 3 (B) An identification of the official or offi- 4 cials responsible for implementation each such 5 recommendation. 6 (C) A description of the timeline and ac- 7 tions for implementation of each such rec- 8 ommendations for the fiscal year following sub- 9 mission of the report. 10 (D) The rationale and justification for any 11 decision not to implement such a recommenda- 12 tion. 13 (E) Recommendations for actions to re- 14 form and modernize the planning, program- 15 ming, budgeting, and execution process in addi- 16 tion to the recommendations described in para- 17 graph (1). 18 (F) Performance metrics for measuring the 19 effectiveness of recommendations that have 20 been implemented. 21 (G) A comprehensive budget justification 22 display— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 542 •S 4638 RS (i) reflecting the resources required to 1 implement the recommendations described 2 in paragraph (1); and 3 (ii) including— 4 (I) resources requested in the 5 Department of Defense budget with 6 which the report is submitted, if appli- 7 cable, and resources needed in subse- 8 quent fiscal years; 9 (II) resources expended in the 10 fiscal year that ended most recently 11 before submission of the report and 12 the fiscal year during which the report 13 is submitted; and 14 (III) a statement of the total 15 costs of implementation of the rec- 16 ommendations as of the date of the 17 report. 18 (H) An assessment of legislative, regu- 19 latory, and administrative barriers to implemen- 20 tation of the recommendations and the need for 21 changes to legislative authorities required for 22 implementation of the recommendations. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 543 •S 4638 RS (I) Any other matters that the Deputy 1 Secretary determines appropriate for inclusion 2 in the report. 3 (f) BIANNUAL BRIEFINGS.—Not less frequently than 4 every 180 days after the submission of the report required 5 to be submitted by subsection (e)(1)(A), the cross-func- 6 tional team required by subsection (a) shall provide to the 7 congressional defense committees a briefing on the status 8 of the activities of the cross-functional team. 9 (g) OFFICIALS SPECIFIED.—The officials specified in 10 this subsection are the following: 11 (1) The Deputy Secretary of Defense. 12 (2) The Under Secretary of Defense (Comp- 13 troller). 14 (3) The Under Secretary of Defense for Policy. 15 (4) The Under Secretary of Defense for Re- 16 search and Engineering. 17 (5) The Under Secretary of Defense for Acqui- 18 sition and Sustainment. 19 (6) The Director of Cost Assessment and Pro- 20 gram Evaluation. 21 (7) The Director of Administration and Man- 22 agement. 23 (8) The Chief Information Officer. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 544 •S 4638 RS (9) The Chief Digital and Artificial Intelligence 1 Officer. 2 (10) The Secretaries of the military depart- 3 ments. 4 (11) The comptrollers of the military depart- 5 ments. 6 (12) The Chairman of the Joint Chiefs of Staff. 7 (h) TERMINATION.— 8 (1) IN GENERAL.—Except as provided by para- 9 graph (2), this section and the cross-functional team 10 required by subsection (a) shall terminate on De- 11 cember 31, 2029. 12 (2) EARLY DISESTABLISHMENT OF TEAM.—The 13 Secretary may, on or after December 31, 2027, and 14 before the termination date specified in paragraph 15 (1), disestablish the cross-functional team required 16 by subsection (a) if— 17 (A) the Deputy Secretary determines, as 18 provided for in the charter of the cross-func- 19 tional team, that the cross-functional team is no 20 longer required for the implementation of the 21 recommendations of the Commission on Plan- 22 ning, Programming, Budgeting, and Execution 23 Reform; and 24 (B) the Secretary— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 545 •S 4638 RS (i) notifies the congressional defense 1 committees not later than 30 days before 2 disestablishing the cross-functional team; 3 and 4 (ii) includes in the notification the 5 justification of the Secretary for the dis- 6 establishment of the cross-functional team. 7 SEC. 916. COUNTER-UNMANNED AIRCRAFT SYSTEMS TASK 8 FORCE. 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 establish, or designate from existing organizations 12 and personnel, a counter-unmanned aircraft systems task 13 force, to be known as the ‘‘C-UAS Task Force’’. 14 (b) REVIEW OF MEMORANDA AND DIRECTIVES.— 15 (1) IN GENERAL.—Not later than 90 days after 16 the date of the enactment of this Act, the Secretary 17 and the Chairman of the Joint Chiefs of Staff, act- 18 ing through the C-UAS Task Force, shall consoli- 19 date and update all Department of Defense memo- 20 randa and directives related to the countering of un- 21 manned aircraft systems in United States airspace 22 to provide clarity to and an expedited decision-mak- 23 ing process for commanders with respect to effec- 24 tively engaging unmanned aircraft systems or un- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 546 •S 4638 RS manned aircraft incursions at military installations 1 in the United States. 2 (2) INCLUDED MEMORANDA AND DIRECTIVE.— 3 The memoranda and directives required to be con- 4 solidated and updated under paragraph (1) include 5 the following: 6 (A) The Counter-Small Unmanned Aircraft 7 Systems Strategy of the Department of De- 8 fense, dated January 7, 2021. 9 (B) The Deputy Secretary of Defense 10 Memorandum entitled ‘‘Risk-based Assessment 11 in Support of Counter-Unmanned Aircraft Ac- 12 tivities to Protect DOD Facilities and Assets’’ 13 and dated May 7, 2020. 14 (C) Deputy Secretary of Defense Policy 15 Memorandum 16–003, entitled ‘‘Interim Guid- 16 ance for Countering Unmanned Aircraft’’ and 17 dated August 18, 2016. 18 (D) Deputy Secretary of Defense Policy 19 Memorandum 17–00X, entitled ‘‘Supplemental 20 Guidance for Countering Unmanned Aircraft’’ 21 and dated July 5, 2017. 22 (E) Chairman of the Joint Chiefs of Staff 23 Notice 3124, entitled ‘‘Interim Guidance for 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 547 •S 4638 RS Countering Unmanned Aircraft’’ and dated 1 February 8, 2017. 2 (F) Other related general administrative 3 notices of the Joint Staff. 4 (G) Any other associated memoranda or 5 directives of the Department of Defense relat- 6 ing to unmanned aircraft systems, as necessary. 7 (c) ISSUANCE OF UPDATED GUIDANCE.— 8 (1) IN GENERAL.—Not later than 120 days 9 after the date of the enactment of this Act, the Sec- 10 retary shall issue new memoranda, directives, and 11 guidance related to authorities to counter unmanned 12 aircraft systems. 13 (2) DISSEMINATION TO INSTALLATION COM- 14 MANDERS.—The Secretary shall ensure that memo- 15 randa, directives, and guidance issued under para- 16 graph (1) are included in pre-briefings for any offi- 17 cers that assume command of a military installation 18 in the United States on or after July 1, 2025. 19 (3) STANDARD OPERATING PROCEDURES FOR 20 MILITARY INSTALLATIONS.— 21 (A) IN GENERAL.—Not later than 60 days 22 after the issuance of the memoranda, directives, 23 and guidance required by paragraph (1), each 24 commander of a military installation shall issue 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 548 •S 4638 RS standard operating procedures for countering 1 unmanned aircraft systems at the installation. 2 (B) EXTENSION DURING CHANGES IN COM- 3 MAND.—If there is a change of command of a 4 military installation during the 60-day period 5 described in subparagraph (A), the incoming 6 commander of the installation shall issue the 7 standard operating procedures required by that 8 subparagraph not later than 60 days after re- 9 ceiving the pre-briefing described in paragraph 10 (2). 11 SEC. 917. MODIFICATION TO THE PRESIDENT OF THE DE- 12 FENSE ACQUISITION UNIVERSITY. 13 Section 1746(e) of title 10, United States Code, is 14 amended by striking paragraph (3). 15 SEC. 918. PLAN FOR PERMANENT ESTABLISHMENT OF SPE- 16 CIAL RECONNAISSANCE AND ENABLING COM- 17 MAND. 18 (a) PLAN REQUIRED.—Not later than 90 days after 19 the date of the enactment of this Act, the Assistant Sec- 20 retary of Defense for Special Operations and Low Inten- 21 sity Conflict and the Commander of the United States 22 Special Operations Command shall submit to the congres- 23 sional defense committees a plan for permanently estab- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 549 •S 4638 RS lishing the Special Reconnaissance and Enabling Com- 1 mand. 2 (b) ELEMENTS.—The plan required by subsection (a) 3 shall, at a minimum, include the following: 4 (1) An articulation of the mission and tasks as- 5 signed to the Special Reconnaissance and Enabling 6 Command. 7 (2) An explanation of how the Special Recon- 8 naissance and Enabling Command fits organization- 9 ally within the United States Special Operations 10 Command. 11 (3) An identification of the personnel, re- 12 sources, and authorities, including any gaps, nec- 13 essary to support the Special Reconnaissance and 14 Enabling Command. 15 (4) Any other matters the Assistant Secretary 16 and the Commander consider appropriate. 17 SEC. 919. AFFILIATE RELATIONSHIPS BETWEEN ARMY SPE- 18 CIAL OPERATIONS FORCES AND COMBAT-EN- 19 ABLING UNITS OF GENERAL PURPOSE 20 FORCES. 21 (a) ASSESSMENT OF FEASIBILITY AND ADVISABILITY 22 OF AFFILIATE RELATIONSHIPS.— 23 (1) IN GENERAL.—Not later than 180 says 24 after the date of the enactment of this Act, the Sec- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 550 •S 4638 RS retary of the Army and the Assistant Secretary of 1 Defense for Special Operations and Low Intensity 2 Conflict shall jointly submit to the congressional de- 3 fense committees a report assessing the feasibility 4 and advisability of establishing formal affiliate rela- 5 tionships between units of the Army special oper- 6 ations forces and combat-enabling units of the Army 7 general purpose forces for the purpose of enhancing 8 military readiness and effectiveness through habitual 9 training, exercises, and, when required, deployments. 10 (2) ELEMENTS.—The report required by para- 11 graph (1) shall include, at a minimum, the following: 12 (A) An assessment of the feasibility and 13 advisability of establishing formal affiliate rela- 14 tionships between units of the Army special op- 15 erations forces and combat-enabling units of the 16 Army general purpose forces, including units 17 that perform the following missions: 18 (i) Logistics. 19 (ii) Intelligence. 20 (iii) Communications. 21 (iv) Explosive ordnance disposal. 22 (v) Electronic warfare. 23 (vi) Rotary wing support. 24 (vii) Combat medicine. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 551 •S 4638 RS (viii) Such other missions as the Sec- 1 retary and the Assistant Secretary consider 2 relevant. 3 (B) A summary of organic and assigned 4 forces conducting the missions described in sub- 5 paragraph (A) for Army special operations 6 forces as of the date of the enactment of this 7 Act. 8 (3) CONSIDERATIONS.—In developing the re- 9 port required by paragraph (1), the Secretary and 10 the Assistant Secretary shall take into account the 11 following: 12 (A) The enabling requirements of both the 13 Army special operations forces and the Army 14 general purpose forces. 15 (B) The availability of high-demand, low- 16 density enabling capabilities of the Army gen- 17 eral purpose forces. 18 (C) Deployment-to-dwell standards. 19 (b) PLAN FOR ESTABLISHING AFFILIATE RELATION- 20 SHIPS.—If, in the report required by subsection (a), the 21 Secretary and the Assistant Secretary determine that it 22 is feasible and advisable to establish formal affiliate rela- 23 tionships between units of the Army special operations 24 forces and combat-enabling units of the Army general pur- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 552 •S 4638 RS pose forces, then, not later than 270 days after the date 1 of the enactment of this Act, the Secretary and the Assist- 2 ant Secretary shall jointly submit to the congressional de- 3 fense committees a plan for establishing such relationships 4 that includes, at a minimum, an identification of units to 5 be affiliated and a timeline for doing so. 6 SEC. 920. FEASIBILITY STUDY ON EXPANDING THE SERV- 7 ICES PROVIDED BY THE AIR FORCE OFFICE 8 OF COMMERCIAL AND ECONOMIC ANALYSIS. 9 (a) STUDY.—Not later than 180 days after the date 10 of the enactment of this Act, the Secretary of Defense 11 shall complete a study on the feasibility and advisability 12 of expanding the services of the Air Force Office of Com- 13 mercial and Economic Analysis to include— 14 (1) providing commercial and economic analysis 15 to components of the Department of Defense, in- 16 cluding information on— 17 (A) the existing and future commercial and 18 economic conditions of the United States and of 19 strategic competitors; 20 (B) any macro-economic trend or policy 21 that may affect such commercial and economic 22 conditions; 23 (C) any emerging trend in global markets 24 and industries that could enhance or impair the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 553 •S 4638 RS national security interests of the United States 1 as compared to strategic competitors; and 2 (D) any commercial, economic, or geo- 3 political incentive or disincentive offered to con- 4 tractors or prospective contractors of the De- 5 partment of Defense to act in the national secu- 6 rity interests of the United States or against 7 such interests; 8 (2) providing the business intelligence data, his- 9 torically purchased by components of the Depart- 10 ment of Defense from commercial actors, through 11 commercial and economic analysis conducted by the 12 Air Force Office of Commercial and Economic Anal- 13 ysis, including— 14 (A) firmographic and ownership informa- 15 tion of commercial actors; 16 (B) documentation submitted by importers 17 and exporters, including bills of lading; 18 (C) ownership information pertaining to 19 intellectual property rights; 20 (D) information relating to mergers and 21 acquisitions; and 22 (E) any other such data that the Director 23 of the Air Force Office of Commercial and Eco- 24 nomic Analysis considers appropriate; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 554 •S 4638 RS (3) convening a working group that includes 1 members from the combatant commands, other rel- 2 evant components of the Department of Defense, 3 academia, industry, think tanks, and federally fund- 4 ed research and development centers, to facilitate 5 the adoption by the Department of Defense of best 6 practices and approaches for commercial and eco- 7 nomic analysis from the private sector. 8 (b) REPORT.—Not later than 90 days after the com- 9 pletion of the study under subsection (a), the Secretary 10 of Defense shall submit to the congressional defense com- 11 mittees a report that includes— 12 (1) the findings of the study required by sub- 13 section (a); and 14 (2) an assessment of the estimated cost of ex- 15 panding the services of the Air Force Office of Com- 16 mercial and Economic Analysis as described in sub- 17 section (a). 18 SEC. 921. LIMITATION ON USE OF FUNDS FOR ALTERING 19 AIR FORCE GLOBAL STRIKE COMMAND. 20 (a) LIMITATION.—None of the funds authorized to 21 be appropriated by this Act for fiscal year 2025 for the 22 Department of the Air Force may be obligated or ex- 23 pended to alter or adjust the existing composition, roles, 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 555 •S 4638 RS or responsibilities of Air Force Global Strike Command 1 in the— 2 (1) development of military requirements relat- 3 ing to strategic deterrence; or 4 (2) execution of Joint Forces Air Component 5 Command operational and planning support for 6 United States Strategic Command. 7 (b) REPORT REQUIRED.—Not later than April 30, 8 2025, the Secretary of the Air Force, in coordination with 9 the Commander of United States Strategic Command, 10 shall submit to the congressional defense committees a re- 11 port outlining a plan for ensuring that any future adjust- 12 ments to the composition, roles, or responsibilities of Air 13 Force Global Strike Command will not adversely affect the 14 missions of the Air Force Global Strike Command in sup- 15 porting the operational requirements of the United States 16 Strategic Command or activities of the Department of De- 17 fense to achieve presidential nuclear employment guidance 18 objectives. 19 (c) TERMINATION.—The limitation described in sub- 20 section (a) shall terminate 90 days after the date upon 21 which the Secretary of the Air Force submits the report 22 described in subsection (b). 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 556 •S 4638 RS SEC. 922. SENIOR INTEGRATION GROUP FOR INDO-PACIFIC 1 REGION. 2 (a) IN GENERAL.—Not later than 90 days after the 3 date of the enactment of this Act, the Secretary of Defense 4 shall establish a Senior Integration Group for the Indo- 5 Pacific Region (in this section referred to as the 6 ‘‘Group’’). 7 (b) DUTIES.—The Group shall— 8 (1) lead and coordinate efforts across the De- 9 partment of Defense to accelerate capability delivery 10 and to meet emerging requirements for allies and 11 partners of the United States in the Indo-Pacific re- 12 gion; and 13 (2) develop and implement Department-wide 14 policy and processes to meet urgent requirements re- 15 lated to the Indo-Pacific region. 16 (c) MEMBERSHIP.—The Group shall be composed of 17 the following members: 18 (1) The Deputy Secretary of Defense. 19 (2) The Under Secretary of Defense for Policy. 20 (3) The Under Secretary of Defense for Acqui- 21 sition and Sustainment. 22 (4) The Vice Chairman of the Joint Chiefs of 23 Staff. 24 (5) The Commander of the Indo-Pacific Com- 25 mand. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 557 •S 4638 RS (6) The Under Secretary of the Army. 1 (7) The Under Secretary of the Air Force. 2 (8) The Under Secretary of the Navy. 3 (9) The Director of Cost Assessment and Pro- 4 gram Evaluation. 5 (10) Any other officials of the Department of 6 Defense the Secretary considers appropriate. 7 (d) REPORT ON ESTABLISHMENT.—Not later than 8 180 days after the date of the enactment of this Act, the 9 Secretary shall submit to the congressional defense com- 10 mittees a report on the establishment of the Group. 11 (e) ANNUAL REPORTS.—Not later than June 1, 12 2026, and annually thereafter through 2031, the Sec- 13 retary shall submit to congressional defense committees 14 a report on the Group that, at a minimum, includes the 15 following: 16 (1) A detailed description of the work the 17 Group plans to undertake during the year following 18 submission of the report. 19 (2) A description of specific capabilities and 20 issues reviewed by the Group during the year pre- 21 ceding submission of the report. 22 (f) SUNSET.—The requirement under subsection (a) 23 for a Senior Integration Group for the Indo-Pacific Region 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 558 •S 4638 RS shall terminate on the date that is 5 years after the date 1 of the enactment of this Act. 2 SEC. 923. DEFENSE ADVISORY COMMITTEE ON DIVERSITY 3 AND INCLUSION RENEWAL. 4 (a) LIMITATION ON RENEWAL.—The Secretary of 5 Defense shall not renew the Defense Advisory Committee 6 on Diversity and Inclusion in accordance with the Federal 7 Advisory Committee Management Final rule until 120 8 days after the Secretary submits to the Committee on 9 Armed Services of the Senate and the Committee on 10 Armed Services of the House of Representatives a report 11 that justifies the advisory committee’s continued oper- 12 ation. 13 (b) REPORT CONTENTS.—The report required under 14 subsection (a) shall include— 15 (1) a description of the total resources and 16 man-hours expended by the Committee since its es- 17 tablishment on October 23, 2022; 18 (2) a detailed list of all recommendations ap- 19 proved by the Committee since its establishment on 20 October 23, 2022; and 21 (3) a detailed listing of all meetings held, to in- 22 clude all meeting participants, since the establish- 23 ment of the Committee on October 23, 2022. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 559 •S 4638 RS SEC. 924. LIMITATION ON AVAILABILITY OF FUNDS UNTIL 1 DEPARTMENT OF DEFENSE COMPLIES WITH 2 CERTAIN LEGAL REQUIREMENTS. 3 Of the funds authorized to be appropriated by this 4 Act for fiscal year 2025 for the Office of the Assistant 5 Secretary of Defense for Legislative Affairs, not more 6 than 75 percent may be obligated or expended until the 7 Deputy Secretary of Defense certifies to the congressional 8 defense committees that the Department of Defense has 9 implemented— 10 (1) section 805 of the National Defense Author- 11 ization Act for Fiscal Year 2022 (Public Law 117– 12 81; 135 Stat. 1816); and 13 (2) section 1046 of the James M. Inhofe Na- 14 tional Defense Authorization Act (Public Law 117– 15 263; 10 U.S.C. 111 note). 16 TITLE X—GENERAL PROVISIONS 17 Subtitle A—Financial Matters 18 SEC. 1001. GENERAL TRANSFER AUTHORITY. 19 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 20 (1) AUTHORITY.—Upon determination by the 21 Secretary of Defense that such action is necessary in 22 the national interest, the Secretary may transfer 23 amounts of authorizations made available to the De- 24 partment of Defense in this division for fiscal year 25 2025 between any such authorizations for that fiscal 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 560 •S 4638 RS year (or any subdivisions thereof). Amounts of au- 1 thorizations so transferred shall be merged with and 2 be available for the same purposes as the authoriza- 3 tion to which transferred. 4 (2) LIMITATION.—Except as provided in para- 5 graph (3), the total amount of authorizations that 6 the Secretary may transfer under the authority of 7 this section may not exceed $6,000,000,000. 8 (3) EXCEPTION FOR TRANSFERS BETWEEN 9 MILITARY PERSONNEL AUTHORIZATIONS.—A trans- 10 fer of funds between military personnel authoriza- 11 tions under title IV shall not be counted toward the 12 dollar limitation in paragraph (2). 13 (b) LIMITATIONS.—The authority provided by sub- 14 section (a) to transfer authorizations— 15 (1) may only be used to provide authority for 16 items that have a higher priority than the items 17 from which authority is transferred; and 18 (2) may not be used to provide authority for an 19 item that has been denied authorization by Con- 20 gress. 21 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 22 transfer made from one account to another under the au- 23 thority of this section shall be deemed to increase the 24 amount authorized for the account to which the amount 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 561 •S 4638 RS is transferred by an amount equal to the amount trans- 1 ferred. 2 (d) NOTICE TO CONGRESS.—The Secretary shall 3 promptly notify Congress of each transfer made under 4 subsection (a). 5 SEC. 1002. REVISION OF DEPARTMENT OF DEFENSE FINAN- 6 CIAL MANAGEMENT REGULATION. 7 (a) IN GENERAL.—Not later than September 30, 8 2026, the Under Secretary of Defense (Comptroller) shall 9 revise the Department of Defense Financial Management 10 Regulation 7000.14–R to— 11 (1) provide updated guidance for current legis- 12 lative and regulatory requirements, including the an- 13 nual Department of Defense appropriations Act; 14 (2) streamline and deconflict guidance through- 15 out the Financial Management Regulation to ensure 16 consistency and clarity; and 17 (3) remove outdated guidance. 18 (b) CONSIDERATIONS.—In conducting the revision 19 required under subsection (a), the Under Secretary 20 shall— 21 (1) prioritize clarity and accessibility in the lan- 22 guage and direction provided, including improve- 23 ments to the coordination and approval process for 24 recommended changes; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 562 •S 4638 RS (2) review and adopt modern financial practices 1 that better align to current development and produc- 2 tion cycles; 3 (3) consider information technology solutions to 4 improve the accessibility and usability of the Finan- 5 cial Management Regulation; and 6 (4) consider the recommendations of the Com- 7 mission on Planning, Programming, Budgeting, and 8 Execution Reform. 9 (c) BRIEFING.—Not later than February 1, 2025, 10 and every 180 days thereafter, the Under Secretary of De- 11 fense (Comptroller), in coordination with the service comp- 12 trollers, shall provide to the congressional defense commit- 13 tees a briefing on the efforts to update the Financial Man- 14 agement Regulation, including— 15 (1) a description of the progress in updating 16 the Financial Management Regulation; 17 (2) a plan and timeline for completing revisions 18 to the Financial Management Regulation; 19 (3) a description of any barriers to the ability 20 of the Department of Defense to update the Finan- 21 cial Management Regulation as directed; 22 (4) recommendations for legislative changes re- 23 quired to complete revisions of the Financial Man- 24 agement Regulation; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 563 •S 4638 RS (5) any other information deemed relevant by 1 the Under Secretary. 2 (d) NOTIFICATION.—The Under Secretary shall no- 3 tify the congressional defense committees not later than 4 10 days after completing the revisions required under sub- 5 section (a). 6 (e) SUBSEQUENT REVIEW.—The Under Secretary 7 shall— 8 (1) conduct a comprehensive review of the Fi- 9 nancial Management Regulation not less than every 10 two years after fiscal year 2027; and 11 (2) notify the congressional defense committees 12 of the completion of the comprehensive review with 13 the budget submission. 14 SEC. 1003. REPEAL OF AUDIT INCENTIVE ELEMENT IN RE- 15 PORT REQUIREMENT OF FINANCIAL IM- 16 PROVEMENT AND AUDIT REMEDIATION 17 PLAN. 18 Section 240b(b)(1)(B) of title 10, United States 19 Code, is amended by striking clause (ix). 20 SEC. 1004. PILOT PROGRAM FOR THE TEMPORARY EX- 21 CHANGE OF INFORMATION TECHNOLOGY 22 PERSONNEL. 23 Section 1110(a)(1)(A) of the National Defense Au- 24 thorization Act for Fiscal Year 2010 (Public Law 111– 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 564 •S 4638 RS 84; 5 U.S.C. 3702 note) is amended by inserting ‘‘or per- 1 forms financial management and budgeting tasks for a 2 software-focused company’’ before the semicolon at the 3 end. 4 SEC. 1005. AUTHORITY TO USE DEFENSE MODERNIZATION 5 ACCOUNT FUNDS FOR TIME-SENSITIVE 6 EQUIPMENT MODERNIZATION. 7 Section 3136(d) of title 10, United States Code, is 8 amended by adding at the end the following new para- 9 graphs: 10 ‘‘(5) For procuring and integrating available 11 commercial technologies and services to satisfy a 12 joint urgent operational need, joint emergent oper- 13 ational need, or a validated service requirement. 14 ‘‘(6) For providing infrastructure to support 15 Department goals of accelerating the fielding and 16 adoption of new capabilities.’’. 17 Subtitle B—Counterdrug Activities 18 SEC. 1011. CAPACITY BUILDING AND SECURITY COOPERA- 19 TION WITH MEXICO TO COUNTER THREATS 20 POSED BY TRANSNATIONAL CRIMINAL ORGA- 21 NIZATIONS. 22 (a) PLAN.—Not later than 180 days after the date 23 of the enactment of this Act, the Secretary of Defense, 24 in consultation with the Secretary of State and with the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 565 •S 4638 RS agreement of the Government of Mexico, shall submit to 1 the appropriate committees of Congress a plan for a pilot 2 program to train, at military installations and facilities in 3 the United States, members of the United States Armed 4 Forces jointly with members of the military forces of Mex- 5 ico on tactics, techniques, and procedures for countering 6 threats posed by transnational criminal organizations, in- 7 cluding through— 8 (1) operations involving the use of rotary-wing 9 aircraft; and 10 (2) in consultation with the appropriate civilian 11 government agencies specializing in countering 12 transnational criminal organizations— 13 (A) joint network analysis; 14 (B) counter illicit financing and money 15 laundering; 16 (C) counter illicit trafficking (including 17 narcotics, weapons, and human trafficking and 18 smuggling, and illicit trafficking in natural re- 19 sources); and 20 (D) assessments of key nodes of activity of 21 transnational criminal organizations. 22 (b) IMPLEMENTATION.—Not later than 15 days after 23 the date on which the plan required by subsection (a) is 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 566 •S 4638 RS submitted, the Secretary of Defense shall commence im- 1 plementation of the pilot program described in the plan. 2 (c) APPROPRIATE COMMITTEES OF CONGRESS DE- 3 FINED.—In this section, the term ‘‘appropriate commit- 4 tees of Congress’’ means— 5 (1) the Committee on Armed Services, the 6 Committee on Appropriations, the Committee on 7 Foreign Relations, and the Committee on Homeland 8 Security and Governmental Affairs of the Senate; 9 and 10 (2) the Committee on Armed Services, the 11 Committee on Appropriations, the Committee on 12 Foreign Affairs, and the Committee on Homeland 13 Security of the House of Representatives. 14 SEC. 1012. AUTHORITY OF DEPARTMENT OF DEFENSE IN 15 SURVEILLANCE OF SOUTHWEST BORDER OF 16 UNITED STATES. 17 Consistent with section 271 of title 10, United States 18 Code, if personnel of the Department of Defense are de- 19 ployed to the southwest border of the United States in 20 support of another Federal department or agency, infor- 21 mation collected by personnel of the Department of De- 22 fense who operate equipment to monitor movements to or 23 across the southwest border may be shared by the sup- 24 ported Federal department or agency with other Federal, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 567 •S 4638 RS State, or local civilian authorities tasked to monitor move- 1 ments to or across the southwest border, to the extent 2 such information sharing does not constitute direct par- 3 ticipation in law enforcement activities by the Department 4 of Defense. 5 SEC. 1013. TREATMENT BY DEPARTMENT OF DEFENSE OF 6 REQUEST FOR SUPPORT AT SOUTHWEST 7 BORDER OF UNITED STATES. 8 (a) IN GENERAL.—In evaluating requests for support 9 by the Department of Defense of civil authorities at the 10 southwest border of the United States, the Secretary of 11 Defense shall— 12 (1) prioritize requests that are received not less 13 than 270 days before the requested deployment of 14 personnel of the Department; and 15 (2) work with the requesting authority to define 16 the capabilities that the civil authorities are request- 17 ing that the Department of Defense provide at the 18 border and determine the number of personnel that 19 are necessary to provide those capabilities. 20 (b) CIVIL AUTHORITIES DEFINED.— In this section, 21 the term ‘‘civil authorities’’ means a Federal agency (other 22 than the Department of Defense) or any State or local 23 authority. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 568 •S 4638 RS Subtitle C—Naval Vessels 1 SEC. 1021. IMPROVING NAVY ASSESSMENTS REQUIRED 2 PRIOR TO START OF CONSTRUCTION ON 3 FIRST SHIP OF A SHIPBUILDING PROGRAM. 4 Section 8669c of title 10, United States Code, is 5 amended— 6 (1) in subsection (a)— 7 (A) in paragraph (2), by striking ‘‘and’’ at 8 the end; 9 (B) in paragraph (3), by striking the pe- 10 riod at the end and inserting ‘‘; and’’; and 11 (C) by adding at the end the following new 12 paragraph: 13 ‘‘(4) submits a written determination that detail 14 design will be completed for each block of the ship’s 15 construction before beginning construction of that 16 block.’’; 17 (2) in subsection (b), by adding at the end the 18 following new paragraphs: 19 ‘‘(7) How the Navy plans to oversee and docu- 20 ment, for the first ship and subsequent ships, that 21 detail design is completed for each block of the 22 ship’s construction before beginning construction of 23 that block. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 569 •S 4638 RS ‘‘(8) The extent of vendor- and government-fur- 1 nished information supporting the overall maturity 2 and stability of the ship’s design, including, at a 3 minimum, information regarding— 4 ‘‘(A) whether vendor selection is complete 5 for major distributive systems and key equip- 6 ment supporting operational requirements; 7 ‘‘(B) whether specifications are finalized 8 for major distributive systems and key equip- 9 ment; and 10 ‘‘(C) the status of factory acceptance test- 11 ing, as applicable, to validate finalized specifica- 12 tions for major distributive systems and key 13 equipment through manufacturing.’’; and 14 (3) in subsection (c)— 15 (A) in paragraph (1)— 16 (i) in the matter preceding subpara- 17 graph (A), by striking ‘‘computer aided 18 models’’ and inserting ‘‘the completion of 19 three-dimensional computer aided mod- 20 eling’’; and 21 (ii) in subparagraph (C), by striking 22 ‘‘routes major portions of all distributive 23 systems’’ and inserting ‘‘positions and 24 routes all major distributive systems’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 570 •S 4638 RS (B) by redesignating paragraphs (2) 1 through (5) as paragraphs (3) through (6), re- 2 spectively; and 3 (C) by inserting after paragraph (1) the 4 following new paragraph (2): 5 ‘‘(2) BLOCK.—The term ‘block’ means the basic 6 building unit of ship construction, which forms com- 7 pleted or partial compartments, including engine 8 rooms, storage areas, and accommodation spaces.’’. 9 SEC. 1022. REQUIREMENTS FOR THE UNMANNED MARITIME 10 AUTONOMY ARCHITECTURE. 11 Not later than 180 days after the date of the enact- 12 ment of this Act, the Secretary of the Navy shall— 13 (1) provide a forum and resources to facilitate 14 industry participation in the creation and manage- 15 ment of a vendor-agnostic and platform-agnostic 16 modular open systems architecture and associated 17 standards for maritime unmanned systems; 18 (2) adopt or join a governance model for the 19 standards described in paragraph (1) that includes 20 government and industry participation; 21 (3) implement a frequent or continuous process 22 for incorporating industry feedback into the stand- 23 ards described in paragraph (1) and conforming 24 those standards with leading industry practices; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 571 •S 4638 RS (4) for each relevant Navy program or contract, 1 tailor the standards described in paragraph (1) to 2 the minimum standards necessary to enable desired 3 operational capabilities for the program or contract; 4 and 5 (5) label and distribute the standards described 6 in paragraph (1) as open, publicly releasable infor- 7 mation to the greatest extent possible. 8 SEC. 1023. COMPETITIVE DEMONSTRATION OF EXTRA 9 LARGE UNMANNED UNDERWATER VEHICLES. 10 (a) COMPETITIVE DEMONSTRATION REQUIRED.— 11 Subject to the availability of appropriations, not later than 12 June 1, 2025, the Secretary of the Navy, in consultation 13 with the Commander of the United States Indo-Pacific 14 Command, shall develop, conduct, and evaluate a competi- 15 tive demonstration of the capabilities of extra large un- 16 manned underwater vehicles, including non-developmental 17 items from commercial or foreign partner sources. 18 (b) CRITERIA.—In developing and evaluating the 19 competitive demonstration required by subsection (a), the 20 Secretary of the Navy shall consider the following: 21 (1) The ability of extra large unmanned under- 22 water vehicles to integrate into command and con- 23 trol systems. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 572 •S 4638 RS (2) The ability of such vehicles to execute a 1 high-value mission in a contested environment. 2 (3) Navigation, endurance, and concepts of em- 3 ployment with respect to such vehicles. 4 (4) The technical maturity, reliability, and 5 maintainability of such vehicles. 6 (5) Feedback from military users. 7 (c) ASSESSMENTS REQUIRED.— 8 (1) SECRETARY OF THE NAVY.— 9 (A) IN GENERAL.—Not later than Sep- 10 tember 1, 2025, the Secretary of the Navy shall 11 submit to the congressional defense committees 12 the unaltered assessment of the Secretary of 13 the competitive demonstration required by sub- 14 section (a). 15 (B) ELEMENTS.—The assessment required 16 by subparagraph (A) may include recommenda- 17 tions for updating the funding and acquisition 18 plans for the extra large unmanned underwater 19 vehicle program, including a recommendation 20 for a sole-source or competitive solicitation for 21 a procurement contract under the program. 22 (2) COMMANDER OF UNITED STATES INDO-PA- 23 CIFIC COMMAND.—Not later than September 1, 24 2025, the Commander of the United States Indo-Pa- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 573 •S 4638 RS cific Command shall submit to the congressional de- 1 fense committees the unaltered assessment of the 2 Commander of— 3 (A) the continued validity of the extra 4 large unmanned underwater vehicle require- 5 ment; and 6 (B) the advisability of changes to procure- 7 ment under the requirement. 8 (d) EXTRA LARGE UNMANNED UNDERWATER VEHI- 9 CLE DEFINED.—In this section, the term ‘‘extra large un- 10 manned underwater vehicle’’ means a system capable of 11 operating completely submerged in the sea with a range 12 of at least 1,000 nautical miles. 13 SEC. 1024. EXTENSION OF THE NATIONAL COMMISSION ON 14 THE FUTURE OF THE NAVY. 15 Section 1092(a)(4) of the James M. Inhofe National 16 Defense Authorization Act for Fiscal Year 2023 (Public 17 Law 117–263; 136 Stat. 2809) is amended by striking 18 ‘‘Not later than July 1, 2024’’ and inserting ‘‘Not later 19 than January 15, 2026’’. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 574 •S 4638 RS SEC. 1025. CLARIFICATION OF EXCEPTION TO BERRY 1 AMENDMENT REQUIREMENTS FOR PROCURE- 2 MENT OF VESSELS IN FOREIGN WATERS. 3 Section 4862(d)(2) of title 10, United States Code, 4 is amended by inserting ‘‘, or for,’’ after ‘‘Procurements 5 by’’. 6 SEC. 1026. EXPANSION OF SHIPBUILDING INFRASTRUC- 7 TURE OF THE NAVY. 8 (a) COST ESTIMATES FOR THE CONSTRUCTION OF 9 NAVAL VESSELS BY NAVAL SEA SYSTEMS COMMAND.— 10 (1) IN GENERAL.—Section 231 of title 10, 11 United States Code, is amended— 12 (A) by redesignating subsection (g) as sub- 13 section (h); and 14 (B) by inserting after subsection (f) the 15 following new subsection: 16 ‘‘(g) COST ESTIMATES FOR CONSTRUCTION OF 17 NAVAL VESSELS BY NAVAL SEA SYSTEMS COMMAND.— 18 The Commander of the Naval Sea Systems Command 19 shall ensure that cost estimates developed for the con- 20 struction of new classes or new block upgrades of vessels 21 do not take into account any commercial or nongovern- 22 mental specifications unless— 23 ‘‘(1) the senior technical authority determines 24 in writing that such a commercial or nongovern- 25 mental specification is likely to be approved; or 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 575 •S 4638 RS ‘‘(2) the contract solicitation expressly allows 1 such a commercial or nongovernmental specification 2 and excludes entirely any alternative specification 3 issued by the Department of Defense.’’. 4 (2) REPORT REQUIRED.—Not later than one 5 year after the date of the enactment of this Act, the 6 Assistant Secretary of the Navy for Research, Devel- 7 opment, and Acquisition, in coordination with the 8 Commander of the Naval Sea Systems Command 9 (commonly known as ‘‘NAVSEA’’), shall submit to 10 the congressional defense committees and the Under 11 Secretary of Defense for Research and Engineering 12 a report detailing— 13 (A) all references to external specifications 14 regardless of source, including military speci- 15 fications, NAVSEA instructions, American Bu- 16 reau of Shipbuilding standards, and other 17 standards, that were included on the Constella- 18 tion-class frigate solicitation; 19 (B) which specifications described in sub- 20 paragraph (A) provided for alternative speci- 21 fications conditional on NAVSEA approval; 22 (C) how many alternative specifications de- 23 scribed in subparagraph (B) were requested by 24 the contractor awarded the Constellation-class 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 576 •S 4638 RS frigate detail design and construction contract 1 in comparison to how many alternative speci- 2 fications were ultimately approved by NAVSEA; 3 and 4 (D) an explanation for why such requests 5 for alternative specifications described in sub- 6 paragraph (C) were not approved by NAVSEA. 7 (b) REQUIREMENT FOR MATURE SHIP DESIGN.— 8 The Secretary of the Navy shall take such actions as are 9 necessary for the Navy to adopt recommendations 1, 3, 10 4, and 6 in the report of the Government Accountability 11 Office entitled, ‘‘Navy Shipbuilding: Increased Use of 12 Leading Design Practices Could Improve Timeliness of 13 Deliveries’’, and dated May 2, 2024 (GAO–24–105503). 14 (c) STRATEGIC OUTSOURCING AND UNITED STATES 15 AS SHIPYARD.—Section 8669a of such title is amended 16 by adding at the end the following new subsection: 17 ‘‘(d) The Secretary of the Navy shall ensure that the 18 process for source selection for new classes of vessels gives 19 ample emphasis to the realism of the ability of offerors 20 to deliver the program requirements on schedule by requir- 21 ing the inclusion of factors, to the maximum extent prac- 22 ticable, that consider— 23 ‘‘(1) strategic outsourcing for major compo- 24 nents to be fabricated and outfitted across the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 577 •S 4638 RS United States, including in the noncontiguous states 1 of Alaska and Hawaii, and later assembled at the 2 contracted build yard; and 3 ‘‘(2) the prime contractor’s yard-wide staffing 4 information, such as allocation of workforce to the 5 existing and likely backlog of work and rates of hir- 6 ing and attrition, that support the realism of the 7 staffing proposed staffing plans, and if the con- 8 tractor requires additional staffing, local workforce 9 statistics, such as demographics, pay bands, and re- 10 cruiting pipelines.’’. 11 (d) COLLABORATION WITH RESPECT TO SHIP DE- 12 SIGN, RESEARCH, AND DEVELOPMENT FUNDS.—Section 13 8669b of such title is amended— 14 (1) by redesignating subsection (d) as sub- 15 section (e); and 16 (2) by inserting after subsection (c) the fol- 17 lowing new subsection: 18 ‘‘(d) COLLABORATION WITH RESPECT TO SHIP DE- 19 SIGN, RESEARCH, AND DEVELOPMENT FUNDS.—The 20 Naval Systems Engineering and Logistics Directorate 21 (SEA 05) of Naval Sea Systems Command and the Dep- 22 uty Chief of Naval Operations for Warfare Systems (N9) 23 shall collaborate with respect to the use of funds available 24 for ship design, research, and development from the begin- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 578 •S 4638 RS ning of the requirements process till the award of a ship- 1 building contract.’’. 2 (e) MINIMIZATION OF PROCUREMENT CHANGES IN 3 NAVAL VESSEL CONSTRUCTION PLAN.—Section 231(b) of 4 such title is amended by adding at the end the following 5 new paragraph: 6 ‘‘(4) In developing an annual naval vessel construc- 7 tion plan for purposes of subsection (a)(1), the Secretary 8 of the Navy shall minimize, to the maximum extent prac- 9 ticable, variations in procurement profiles from year-to- 10 year across the period of the future-years defense pro- 11 gram. The Secretary shall include in the annual naval ves- 12 sel construction plan a detailed explanation for any change 13 in procurement during the period of the future-years de- 14 fense program that decreases the number of vessels to be 15 procured by a class.’’. 16 Subtitle D—Counterterrorism 17 SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS 18 FOR TRANSFER OR RELEASE OF INDIVID- 19 UALS DETAINED AT UNITED STATES NAVAL 20 STATION, GUANTANAMO BAY, CUBA, TO THE 21 UNITED STATES. 22 Section 1033 of the John S. McCain National De- 23 fense Authorization Act for Fiscal Year 2019 (Public Law 24 115–232; 132 Stat. 1953), as most recently amended by 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 579 •S 4638 RS section 1031 of the National Defense Authorization Act 1 for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 386), 2 is further amended by striking ‘‘December 31, 2024’’ and 3 inserting ‘‘December 31, 2025’’. 4 SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS 5 TO CONSTRUCT OR MODIFY FACILITIES IN 6 THE UNITED STATES TO HOUSE DETAINEES 7 TRANSFERRED FROM UNITED STATES NAVAL 8 STATION, GUANTANAMO BAY, CUBA. 9 Section 1034(a) of the John S. McCain National De- 10 fense Authorization Act for Fiscal Year 2019 (Public Law 11 115–232; 132 Stat. 1954), as most recently amended by 12 section 1032 of the National Defense Authorization Act 13 for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 387), 14 is further amended by striking ‘‘December 31, 2024’’ and 15 inserting ‘‘December 31, 2025’’. 16 SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS 17 FOR TRANSFER OR RELEASE OF INDIVID- 18 UALS DETAINED AT UNITED STATES NAVAL 19 STATION, GUANTANAMO BAY, CUBA, TO CER- 20 TAIN COUNTRIES. 21 Section 1035 of the John S. McCain National De- 22 fense Authorization Act for Fiscal Year 2019 (Public Law 23 115–232; 132 Stat. 1954), as most recently amended by 24 section 1033 of the National Defense Authorization Act 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 580 •S 4638 RS for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 387), 1 is further amended by striking ‘‘December 31, 2024’’ and 2 inserting ‘‘December 31, 2025’’. 3 SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS 4 TO CLOSE OR RELINQUISH CONTROL OF 5 UNITED STATES NAVAL STATION, GUANTA- 6 NAMO BAY, CUBA. 7 Section 1036 of the National Defense Authorization 8 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 9 1551), as most recently amended by section 1034 of the 10 National Defense Authorization Act for Fiscal Year 2024 11 (Public Law 118–31; 137 Stat. 387), is further amended 12 by striking ‘‘2024’’ and inserting ‘‘2025’’. 13 Subtitle E—Miscellaneous 14 Authorities and Limitations 15 SEC. 1041. PROTECTION AGAINST MISUSE OF NAVAL SPE- 16 CIAL WARFARE COMMAND INSIGNIA. 17 (a) IN GENERAL.—Chapter 891 of title 10, United 18 States Code, is amended by adding at the end the fol- 19 lowing new section: 20 ‘‘§ 8922. Protection against misuse of insignia of 21 Naval Special Warfare Command 22 ‘‘(a) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 581 •S 4638 RS ‘‘(1) COVERED NAVAL SPECIAL WARFARE INSIG- 1 NIA.—The term ‘covered Naval Special Warfare in- 2 signia’ means any of the following: 3 ‘‘(A) The Naval Special Warfare Insignia 4 comprising or consisting of the design of an 5 eagle holding an anchor, trident, and flint-lock 6 pistol. 7 ‘‘(B) The Special Warfare Combatant-craft 8 Crewman Insignia comprising or consisting of 9 the design of the bow and superstructure of a 10 Special Operations Craft on a crossed flint-lock 11 pistol and enlisted cutlass. 12 ‘‘(C) Any colorable imitation of the insig- 13 nia referred to in subparagraphs (A) and (B). 14 ‘‘(2) COVERED PERSON.—The term ‘covered 15 person’ means any individual, association, partner- 16 ship, or corporation. 17 ‘‘(b) PROHIBITION AGAINST UNAUTHORIZED USE.— 18 (1) Subject to subsection (c), no covered person shall, 19 without the authorization of the Secretary of the Navy, 20 use any covered Naval Special Warfare insignia— 21 ‘‘(A) as the name under which the covered per- 22 son does business for the purpose of trade; or 23 ‘‘(B) in a manner which reasonably could lead 24 the public to believe that any project or business in 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 582 •S 4638 RS which the covered person is engaged, or product that 1 the covered person manufactures, deals in, or sells, 2 has been in any way endorsed, authorized, spon- 3 sored, or approved by, or is associated with, the De- 4 partment of Defense or the Department of the Navy. 5 ‘‘(2) Whoever violates this subsection shall be fined 6 not more than $20,000 for each violation. 7 ‘‘(c) EXCEPTION.—Subsection (b) shall not apply to 8 the use of a covered Naval Special Warfare insignia for 9 purposes of criticism, comment, news reporting, analysis, 10 research, or scholarship. 11 ‘‘(d) TREATMENT OF DISCLAIMERS.—A determina- 12 tion of whether a covered person has violated this section 13 shall be made without regard to any use of a disclaimer 14 of affiliation, connection, or association with, endorsement 15 by, or approval of the United States Government, the De- 16 partment of Defense, the Department of the Navy, or any 17 subordinate organization thereof to the extent consistent 18 with international obligations of the United States. 19 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec- 20 tion shall be construed to limit the authority of the Sec- 21 retary of the Navy to register any symbol, name, phrase, 22 term, acronym, or abbreviation otherwise capable of reg- 23 istration under the provisions of the Act of July 5, 1946 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 583 •S 4638 RS (15 U.S.C. 1051 et seq.) (commonly referred to as the 1 ‘Trademark Act of 1946’).’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 at the beginning of chapter 891 of title 10, United States 4 Code, is amended by inserting after the item relating to 5 section 8921 the following new item: 6 ‘‘8922. Protection against misuse of insignia of Naval Special Warfare Com- mand.’’. SEC. 1042. MODIFIED REQUIREMENTS FOR REPORT ON THE 7 PLAN FOR THE NUCLEAR WEAPONS STOCK- 8 PILE, NUCLEAR WEAPONS COMPLEX, NU- 9 CLEAR WEAPONS DELIVERY SYSTEMS, AND 10 NUCLEAR WEAPONS COMMAND AND CON- 11 TROL SYSTEM. 12 Section 492a of title 10, United States Code, is 13 amended— 14 (1) in the heading, by striking ‘‘Annual’’ and 15 inserting ‘‘Biennial’’; 16 (2) in subsection (a)— 17 (A) in paragraph (1), by inserting ‘‘the 18 odd-numbered’’ after ‘‘for each of’’; and 19 (B) in paragraph (2)(G), by striking 20 ‘‘year’’ both places it appears and inserting ‘‘re- 21 port’’; and 22 (3) in subsection (b)— 23 (A) by striking paragraphs (2) and (3); 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 584 •S 4638 RS (B) by striking ‘‘BUDGET OFFICE.—’’ and 1 all that follows through ‘‘Not later than July 1’’ 2 and inserting ‘‘BUDGET OFFICE.— Not later 3 than July 1’’; 4 (C) by redesignating subparagraphs (A), 5 (B), (C), and (D) as paragraphs (1), (2), (3), 6 and (4), respectively; 7 (D) in the matter preceding paragraph (1), 8 as redesignated by subparagraph (C) of this 9 paragraph, by striking ‘‘covered odd-numbered 10 fiscal year report’’ and inserting ‘‘report re- 11 quired under subsection (a)’’; 12 (E) in paragraph (1), as so redesignated, 13 by striking ‘‘covered odd-numbered fiscal year’’; 14 and 15 (F) in paragraph (2), as so redesignated, 16 by striking ‘‘covered odd-numbered fiscal year’’. 17 SEC. 1043. PROHIBITION ON USE OF FUNDS TO SUPPORT 18 ENTERTAINMENT PROJECTS WITH TIES TO 19 THE GOVERNMENT OF THE PEOPLE’S REPUB- 20 LIC OF CHINA. 21 (a) IN GENERAL.—None of the funds authorized to 22 be appropriated by this Act for the Department of Defense 23 may be used to knowingly provide active and direct sup- 24 port to any film, television, or other entertainment project 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 585 •S 4638 RS if the Secretary of Defense has demonstrable evidence that 1 the project has complied or is likely to comply with a de- 2 mand from the Government of the People’s Republic of 3 China or the Chinese Communist Party, or an entity 4 under the direction of the People’s Republic of China or 5 the Chinese Communist Party, to censor the content of 6 the project in a material manner to advance the national 7 interest of the People’s Republic of China. 8 (b) WAIVER.—The Secretary of Defense may waive 9 the prohibition under subsection (a) if the Secretary sub- 10 mits to the Committees on Armed Services of the Senate 11 and House of Representatives a written certification that 12 such a waiver is in the national interest of the United 13 States. 14 SEC. 1044. ASSESSMENTS OF CASUALTIES AND FATALITIES 15 DURING HOSTILITIES. 16 In making assessments of casualties and fatalities 17 during hostilities, the Department of Defense may not cite 18 as authoritative in public communications, fatality figures 19 that are derived by United States-designated terrorist or- 20 ganizations, governmental entities controlled by United 21 States-designated terrorist organizations, or any sources 22 that rely on figures provided by United States-designated 23 terrorist organizations. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 586 •S 4638 RS SEC. 1045. ESTABLISHMENT OF MAJOR MISHAP INCIDENT 1 DESIGNATION CLASSIFICATION FOR DEPART- 2 MENT OF DEFENSE INCIDENTS. 3 (a) ESTABLISHMENT.—The Secretary of Defense 4 shall establish a new mishap designation classification for 5 the most serious incidents, to be known as ‘‘major mishap 6 incidents’’, to describe incidents that— 7 (1) result in not less than $500,000,000 in 8 damage or loss, as calculated not later than 5 days 9 after the date of the incident and, to the maximum 10 extent possible, in accordance with the requirements 11 described in paragraph 9, enclosure 4 of Department 12 of Defense Instruction 6055.07; 13 (2) cause the deaths of not fewer than 5 indi- 14 viduals; or 15 (3) are so designated by the secretary of the 16 military department primarily affected by the inci- 17 dent based on the magnitude of the loss to the De- 18 partment of Defense. 19 (b) INVESTIGATIONS.— 20 (1) INVESTIGATION OFFICER.—The convening 21 authority for any investigation of a major mishap in- 22 cident shall appoint an investigating officer from 23 among officers who hold a rank not lower than 24 Major General in the Army, Air Force, or Marine 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 587 •S 4638 RS Corps or Rear Admiral in the Navy to investigate all 1 major mishap incidents— 2 (A) including any related administrative, 3 disciplinary, or legal investigations; and 4 (B) excluding any criminal investigations 5 conducted by a military criminal investigative 6 organization. 7 (2) TIMELINE FOR INVESTIGATIONS.—The Sec- 8 retary of Defense shall require that a full investiga- 9 tion of each major mishap incident be completed, to 10 the extent practicable, not later than 1 year after 11 the date on which the investigation is initiated. 12 (c) ACCOUNTABILITY ACTIONS.— 13 (1) MANDATORY ADMINISTRATIVE PROCESSING 14 FOR DISCHARGE FROM THE ARMED FORCES.—In the 15 case of a major mishap incident that was directly 16 caused by the misconduct of a member of the Armed 17 Forces, that member shall be subject to mandatory 18 administrative processing for discharge if the mem- 19 ber has not otherwise been separated from the 20 Armed Forces following a conviction at court-martial 21 and an adjudged sentence of a punitive discharge. 22 (2) TIMELINE FOR ACCOUNTABILITY AC- 23 TIONS.—The Secretary of Defense shall require that 24 any accountability action, including the mandatory 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 588 •S 4638 RS administrative processing described in paragraph 1 (1), shall commence, to the extent practicable, not 2 later than 180 days after the date on which the in- 3 vestigation into the major mishap incident is com- 4 pleted. 5 (d) REPORTS.—Not later than 90 days after an inci- 6 dent designated as a major mishap incident, and every 120 7 days thereafter, the convening authority for the investiga- 8 tion into the incident shall submit to the Committees on 9 Armed Services of the Senate and the House of Represent- 10 atives a report summarizing all remediation and account- 11 ability measures related to that incident taken during the 12 period preceding submission of the report. 13 (e) AMENDMENT OF DEPARTMENT OF DEFENSE IN- 14 STRUCTION 6055.07.—Not later than 60 days after the 15 date of the enactment of this Act, the Secretary of Defense 16 shall amend Department of Defense Instruction 6055.07 17 (relating to mishap notification, investigation, reporting, 18 and record keeping) to implement the requirements under 19 this section. 20 SEC. 1046. REQUIREMENTS RELATING TO PAYMENTS BY 21 THE DEPARTMENT OF DEFENSE FOR QUALI- 22 FYING INJURIES TO THE BRAIN. 23 (a) LIMITATION ON FUNDING.—Of the funds author- 24 ized to be appropriated by this Act for fiscal year 2025 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 589 •S 4638 RS for operation and maintenance, defense-wide, and avail- 1 able for the Office of the Secretary of Defense for travel 2 expenses, not more than 75 percent may be obligated or 3 expended until the Secretary of Defense— 4 (1) prescribes the regulations required under 5 paragraph (4) of section 901(i) of division J of the 6 Further Consolidated Appropriations Act, 2020 (22 7 U.S.C. 2680b(i)) with respect to the Department of 8 Defense; or 9 (2) submits a written notification under sub- 10 section (b) stating the intent of the Secretary to not 11 provide payments authorized under such section. 12 (b) WRITTEN NOTIFICATION.—Not later than 30 13 days after the date of the enactment of this Act, the Sec- 14 retary of Defense shall submit to the congressional defense 15 committees a written notification of the intent of the Sec- 16 retary to provide or not provide payments authorized 17 under section 901(i) of division J of the Further Consoli- 18 dated Appropriations Act, 2020 (22 U.S.C. 2680b(i)). 19 SEC. 1047. LONGER TERM AND ELIGIBILITY FOR APPOINT- 20 MENT TO RANK OF ADMIRAL OF COM- 21 MANDER OF NAVAL SEA SYSTEMS COMMAND. 22 (a) TERM.—Section 526 of title 10, United States 23 Code, is amended by adding at the end the following new 24 subsection: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 590 •S 4638 RS ‘‘(k)(1) An individual service as the Commander of 1 the Naval Sea Systems Command— 2 ‘‘(A) subject to paragraph (2), shall serve for a 3 term of eight years; and 4 ‘‘(B) is eligible to be appointed to the rank of 5 Admiral during the final three years of that term. 6 ‘‘(2) The Secretary of the Navy may terminate the 7 term of an individual serving as the Commander of the 8 Naval Sea Systems Command before the end of the eight- 9 year term specified in paragraph (1)(A) if the Secretary 10 notifies the congressional defense committees of the termi- 11 nation.’’. 12 (b) EXTENSION OF TIME PERIOD FOR RETIREMENT 13 FOR YEARS OF SERVICE.—Section 636(c) of such title is 14 amended— 15 (1) by striking ‘‘In the administration’’ and in- 16 serting ‘‘(1) Except as provided in paragraph (2), in 17 the administration’’; and 18 (2) by adding at the end the following new 19 paragraph: 20 ‘‘(2) The officer serving as the Commander of the 21 Naval Sea Systems Command— 22 ‘‘(A) may continue to serve after 40 years of 23 active commissioned service in order to complete the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 591 •S 4638 RS term of the Commander specified in section 1 526(k)(1)(A) of this title; 2 ‘‘(B) may in no case serve more than 45 years 3 of active commissioned service.’’. 4 SEC. 1048. PROHIBITION ON USE OF FUNDS FOR RESETTLE- 5 MENT IN THE UNITED STATES OF CERTAIN 6 INDIVIDUALS FROM THE WEST BANK OR 7 GAZA. 8 (a) IN GENERAL.—Except as provided in subsection 9 (b), the Secretary of Defense may not use any asset, facil- 10 ity, or installation of the Department of Defense for the 11 transport or processing of any individual from the West 12 Bank or Gaza who is not a United States citizen, or who 13 is not the spouse, parent, or child of a United States cit- 14 izen, for purposes of resettlement in the United States. 15 (b) EXCEPTION.— 16 (1) IN GENERAL.—Except as provided in para- 17 graph (2), the Secretary may use assets, facilities, 18 and installations of the Department to transport and 19 process for resettlement in the United States an in- 20 dividual described in subsection (a) who— 21 (A) is a former employee of the United 22 States Government; 23 (B) was so employed for a period of not 24 less than two years; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 592 •S 4638 RS (C) maintains documentation dem- 1 onstrating such employment. 2 (2) INAPPLICABILITY.—Paragraph (1) shall not 3 apply to an individual described in that paragraph 4 whose employment with the United States Govern- 5 ment was involuntarily terminated. 6 (c) RECONSIDERATION OF POLICY.—Not later than 7 five years after the date of the enactment of this Act, the 8 Secretary may reconsider the prohibition set forth in sub- 9 section (a) and provide recommendations to Congress on 10 whether to continue or discontinue such prohibition. 11 Subtitle F—Studies and Reports 12 SEC. 1051. REPORT ON PANAMA CANAL SECURITY. 13 (a) IN GENERAL.—Not later than May 30, 2025, the 14 Secretary of Defense shall submit to the Committees on 15 Armed Services of the Senate and the House of Represent- 16 atives a report on the vulnerabilities, safety, and security 17 of the Panama Canal. 18 (b) ELEMENTS.—The report required under sub- 19 section (a) shall include the following elements: 20 (1) Identification of authority limitations in the 21 conduct of security cooperation activities and invest- 22 ments with the Panamanian Ministry of Public Se- 23 curity and Canal Authority related to protection of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 593 •S 4638 RS the Panama Canal area and associated critical infra- 1 structure. 2 (2) An assessment of limitations in the abilities 3 of the Department of Defense and the United States 4 Coast Guard to identify, understand, and respond to 5 threats and risks associated with the safe and secure 6 operation of the Panama Canal. 7 (3) Identification of Panamanian partner abili- 8 ties and limitations in force capability, response pos- 9 ture, cross-sector security coordination, policy and 10 procedures, and other factors that could challenge 11 partner support to higher United States Coast 12 Guard vessel (wartime and auxiliary) transit require- 13 ments. 14 (4) Identification of Government of Panama 15 laws and inter-Panamanian institution policy and 16 territorial jurisdiction that affect the ability of the 17 Department of Defense to support securing and de- 18 fending the Canal. 19 (5) Identification of risks in relation to the 20 Panama Canal Neutrality Treaty that could affect 21 priority of United States transits during steady 22 state, in crisis and conflict. 23 (6) An assessment of the interoperability of 24 Panama and United States forces if support is re- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 594 •S 4638 RS quested to defend the Panama Canal area, and rec- 1 ommendations on how to organize, train, and equip 2 United States forces, partner forces, and ensure bi- 3 lateral preparedness. 4 (7) Identification of external threats to and ma- 5 lign influence on Panama Canal sovereignty and its 6 operations in steady state, in crisis and in conflict. 7 (8) Identification of People’s Republic of China 8 (PRC) statecraft or PRC-backed entity capabilities, 9 strategies, and limitations to disrupting regular 10 Canal operations for intended military effect on 11 United States force and sustainment flow, including 12 by accounting for kinetic and non-kinetic means, in- 13 cluding cyber and information domain, and potential 14 condition-setting for these threats pre-crisis. 15 (9) Identification of logistical, force protection, 16 and other throughput challenges to ensuring United 17 States force and sustainment flow via the Canal and 18 Canal area, when uncontested by other state actors, 19 in support of a major contingency in another theater 20 of operation. 21 (10) A projection of likely operating conditions 22 in and around the Canal system based on United 23 States throughput demand, including vulnerabilities 24 to accidents, basic security incidents, and climate-in- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 595 •S 4638 RS duced or other water management challenges that 1 may impede throughput. 2 (11) An assessment identifying recommended 3 United States investments to enhance the capabili- 4 ties of the Panamanian Ministry of Public Security 5 and Canal Authority to ensure the safety and secu- 6 rity of the Panama Canal area. 7 (12) An assessment of the Panama Canal’s in- 8 formation technology and operational technology in- 9 frastructure and systems. 10 SEC. 1052. REVIEW OF IRREGULAR WARFARE AUTHORI- 11 TIES. 12 (a) REVIEW REQUIRED.—Not later than 180 days 13 after the date of the enactment of this Act, the Secretary 14 of Defense shall conduct a review of authorities relevant 15 to the conduct of irregular warfare activities by the De- 16 partment of Defense and provide the results of such review 17 to the congressional defense committees. 18 (b) ELEMENTS.—At a minimum, the review required 19 by subsection (a) shall include— 20 (1) an accounting of all authorities available to 21 the Secretary of Defense for the conduct of irregular 22 warfare activities; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 596 •S 4638 RS (2) an assessment of the adequacy of policy 1 guidance associated with the authorities identified 2 under paragraph (1); 3 (3) an explanation of the process for consid- 4 ering irregular warfare concepts of operation sub- 5 mitted by the combatant commands for approval; 6 (4) a description of the process for coordinating 7 and deconflicting Department of Defense irregular 8 warfare activities with the heads of other relevant 9 departments and agencies; 10 (5) planned actions to address any policy or 11 process deficiencies identified as part of the required 12 review; 13 (6) legislative or resourcing recommendations to 14 more effectively enable Department of Defense irreg- 15 ular warfare activities; and 16 (7) any other matter deemed relevant by the 17 Secretary. 18 (c) IRREGULAR WARFARE DEFINED.—For the pur- 19 pose of this section, the term ‘‘irregular warfare’’means 20 a form of warfare where states and non-state actors cam- 21 paign to assure or coerce states or other groups through 22 indirect, non-attributable, or asymmetric activities. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 597 •S 4638 RS SEC. 1053. EXTENSION OF BRIEFING REQUIREMENT RE- 1 GARDING CIVIL AUTHORITIES AT THE 2 SOUTHWEST BORDER. 3 Section 1070 of the James M. Inhofe National De- 4 fense Authorization Act for Fiscal Year 2023 (Public Law 5 117–263; 136 Stat. 2791) is amended by striking 6 ‘‘through December 31, 2024’’ and inserting ‘‘through De- 7 cember 31, 2027’’. 8 SEC. 1054. EXTENSION OF ANNUAL REPORT ON CIVILIAN 9 CASUALTIES IN CONNECTION WITH UNITED 10 STATES MILITARY OPERATIONS. 11 Section 1057(e) of the National Defense Authoriza- 12 tion Act for Fiscal Year 2018 (Public Law 115–91; 10 13 U.S.C. 113 note) is amended by striking ‘‘the date that 14 is seven years after the date of the enactment of this Act’’ 15 and inserting ‘‘December 31, 2030’’. 16 SEC. 1055. REPORT ON SUBTERRANEAN OPERATIONS. 17 (a) IN GENERAL.—Not later than 180 days after the 18 date of the enactment of this Act, the Secretary of Defense 19 shall submit to the congressional defense committees a re- 20 port on the plans, policies, and doctrine of the Department 21 of Defense regarding subterranean operations. 22 (b) ELEMENTS.—The report required under sub- 23 section (a) shall— 24 (1) define the roles and responsibilities of each 25 military service and combatant command; 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 598 •S 4638 RS (2) describe the current and planned Depart- 1 ment of Defense capabilities for conducting sub- 2 terranean operations and identify any gaps in such 3 capabilities; 4 (3) identify all related doctrine and plans, if 5 any, to update such doctrine; 6 (4) identify subterranean training facility re- 7 quirements; 8 (5) define adversary activities and intentions in 9 the subterranean environment; 10 (6) outline adversary and ally subterranean de- 11 feat capabilities and tactics; and 12 (7) evaluate roles and responsibilities across the 13 spectrum of conflict and for targets ranging in size 14 and complexity, such as trenches, tunnels, bunkers, 15 silos, underground command nodes, underground 16 weapons depots, and underground research and de- 17 velopmental facilities. 18 (c) FORM.—The report required under subsection (a) 19 shall be submitted in unclassified form, but may include 20 a classified annex. 21 SEC. 1056. ANALYSIS AND REPORT ON AIR SUPERIORITY OF 22 THE JOINT FORCE. 23 (a) ANALYSIS AND REPORT REQUIRED.—Not later 24 than March 31, 2025, the Secretary of Defense shall con- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 599 •S 4638 RS duct or sponsor an analysis of, and submit to the congres- 1 sional defense committees a report that explains, how air 2 superiority will be secured for the Joint Force in the 3 2030s and the 2040s. 4 (b) REPORT ELEMENTS.—The report required by 5 subsection (a) shall include the following: 6 (1) An analysis of the expected capabilities, lim- 7 itations, operational dependencies, technical matu- 8 rity, relevant timelines, susceptibility to counter- 9 measures of adversaries, and costs of the following: 10 (A) FA–XX. 11 (B) The Penetrating Counter Air platform 12 (PCA). 13 (C) The Collaborative Combat Aircraft 14 (CCA). 15 (D) Planned fighter modernization efforts. 16 (E) Space-based capabilities. 17 (F) Ground-based capabilities. 18 (G) Any other capabilities the Secretary of 19 Defense considers relevant to air superiority. 20 (2) A summary of tactical- and campaign-level 21 modeling and analysis that determines the individual 22 effectiveness and impacts of each of the capabilities 23 described in subparagraphs (A) through (G) of para- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 600 •S 4638 RS graph (1) on the ability of the Joint Force to secure 1 air superiority in the 2030s and the 2040s. 2 (3) An evaluation of the effectiveness and risks 3 of different potential force structures for achieving 4 air superiority in the 2030s and the 2040s, includ- 5 ing an assessment of the impacts of stand-in and 6 stand-off force ratios on campaign success. 7 (4) A description of the impact of the force 8 structures evaluated under paragraph (3) on— 9 (A) deterrence; and 10 (B) annual sustainment and operations 11 costs. 12 (5) The number of fighter aircraft required by 13 the Department of Defense to fulfill the national de- 14 fense strategy and the number of such aircraft ex- 15 pected to be required in the 2030s and the 2040s to 16 meet the changing threat environment. 17 (6) The programmed fighter force structure 18 from 2030 through 2045, including a breakdown of 19 the quantity and average age of each type of fighter 20 aircraft in each military service. 21 (7) The Secretary’s plan to ensure proper 22 resourcing to meet air superiority requirements of 23 the Joint Force. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 601 •S 4638 RS (c) NONDELEGATION.—The Secretary of Defense 1 may not delegate responsibility for the report to any of 2 the military services. 3 (d) MODELING AND ANALYSIS.—Modeling and anal- 4 ysis conducted pursuant to paragraphs (1) and (2) of sub- 5 section (b) shall use the most-likely capabilities and force 6 structure for friendly and threat forces and the worst-case 7 capabilities and force structure for such forces, including 8 delayed blue capabilities, accelerated red capabilities, and 9 a highly contested electromagnetic spectrum. 10 SEC. 1057. RESPONDING TO UNMANNED AIRCRAFT SYS- 11 TEMS INCURSIONS. 12 (a) DEVELOPMENT OF STRATEGY OF DEPARTMENT 13 OF DEFENSE FOR COUNTERING THREATS FROM UN- 14 MANNED AIRCRAFT SYSTEMS (UAS) TECHNOLOGY AND 15 REFERRAL OF UAS OFFENSES FOR INVESTIGATION AND 16 PROSECUTION.— 17 (1) STRATEGY.— 18 (A) IN GENERAL.—The Secretary of De- 19 fense shall develop, as part of the national de- 20 fense strategy required under section 113(g) of 21 title 10, United States Code, a holistic strategy 22 for countering unmanned aircraft systems 23 (UAS) technology and the threats such tech- 24 nology poses to facilities, personnel, and assets 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 602 •S 4638 RS of the Department of Defense in the United 1 States and overseas. 2 (B) REPORT ON STRATEGY.—Not later 3 than 90 days after the date of the enactment of 4 this Act, the Secretary of Defense shall submit 5 to the appropriate committees of Congress a re- 6 port on the strategy required under subpara- 7 graph (A), which shall contain an unclassified 8 summary of the strategy. 9 (C) APPROPRIATE COMMITTEES OF CON- 10 GRESS DEFINED.—In this subsection, the term 11 ‘‘appropriate committees of Congress’’ means— 12 (i) the Committee on Armed Services 13 and the Select Committee on Intelligence 14 of the Senate; and 15 (ii) the Committee on Armed Services 16 and the Permanent Select Committee on 17 Intelligence of the House of Representa- 18 tives. 19 (2) REFERRAL FOR INVESTIGATION AND PROS- 20 ECUTION.—The Secretary of Defense, in consulta- 21 tion with the Attorney General and the Director of 22 National Intelligence, shall establish a process for 23 referring for investigation and prosecution a UAS 24 offense with respect to which the Secretary of De- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 603 •S 4638 RS fense has taken an action described in section 1 130i(b)(1) of title 10, United States Code. 2 (b) ASSESSMENT AND REPORT ON RECOMMENDED 3 CHANGES TO POLICY OF DEPARTMENT OF DEFENSE TO 4 RESPOND TO UAS INCURSIONS.— 5 (1) ASSESSMENT.—The Secretary of Defense 6 shall conduct an assessment, in consultation with 7 the Attorney General and the Director of National 8 Intelligence, of any recommended changes, including 9 adjustments in the allocation of resources, in law, 10 policy, or any other authority to improve the ability 11 of the Secretary to carry out the national defense 12 strategy (as required under section 113(g) of title 13 10, United States Code) in response to UAS incur- 14 sions, to respond to future UAS incursions, and to 15 mitigate the risks posed to national security from 16 UAS incursions. The assessment shall include rec- 17 ommendations for requirements for the Department 18 of Defense to pre-coordinate planned actions in re- 19 sponse to anticipated types of UAS incursions with 20 other relevant Federal departments and agencies. 21 (2) ASSESSMENT OF RESOURCES AND AUTHORI- 22 TIES NECESSARY TO ENSURE OVERSEAS COOPERA- 23 TION.—The Secretary of Defense shall conduct an 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 604 •S 4638 RS assessment, in consultation with the Director of Na- 1 tional Intelligence, that includes— 2 (A) a description of the resources and au- 3 thorities that installation commanders at 4 United States military installations overseas are 5 provided to collaborate with local law enforce- 6 ment, host nation militaries, and other host na- 7 tion security institutions to counter UAS 8 threats to military installations; and 9 (B) recommendations for improving the re- 10 lationships referred to in subparagraph (A), in- 11 cluding any authorities changes or required 12 modifications to partnership agreements. 13 (3) REPORT.—Not later than January 31, 14 2025, the Secretary shall submit to the appropriate 15 congressional committees a report on the assessment 16 conducted under paragraphs (1) and (2). 17 (4) APPROPRIATE CONGRESSIONAL COMMIT- 18 TEES DEFINED.—In this subsection, the term ‘‘ap- 19 propriate congressional committees’’ means— 20 (A) the Committee on Armed Services, the 21 Committee on the Judiciary, and the Select 22 Committee on Intelligence of the Senate; and 23 (B) the Committee on Armed Services, the 24 Committee on the Judiciary, and the Perma- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 605 •S 4638 RS nent Select Committee on Intelligence of the 1 House of Representatives. 2 (c) AUTHORITY TO PROVIDE SUPPORT.—Consistent 3 with section 1059 of the National Defense Authorization 4 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 5 284 note), the Secretary of Defense is authorized to pro- 6 vide support to Federal, state, and local government agen- 7 cies for detection, identifying, and monitoring of un- 8 manned aircraft systems that cross the Northern and 9 Southern borders of the United States. 10 SEC. 1058. EXERCISE FOR COUNTERING UNMANNED AER- 11 IAL SYSTEMS. 12 (a) IN GENERAL.—Not later than July 1, 2025, the 13 Secretary of Defense, in coordination with the Chairman 14 of the Joint Chiefs of Staff and the Commander of the 15 United States Northern Command, shall execute a large- 16 scale exercise in the special use airspace of the Depart- 17 ment of Defense to test the ability of the Department to 18 respond to a variety of threats to installations of the De- 19 partment from unmanned aerial systems. 20 (b) ELEMENTS.—The exercise required under sub- 21 section (a) shall include the following: 22 (1) The participation of not fewer than three 23 commanders of installations of the Department. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 606 •S 4638 RS (2) A mix of high-end non-emitting threats and 1 low-end commercially available unmanned aerial sys- 2 tems. 3 (3) Installations with a range of capabilities 4 and equipment relating to countering unmanned aer- 5 ial systems. 6 (4) No-notice simulations. 7 (5) Existing and evolved guidance to com- 8 manders of installations of the Department regard- 9 ing authorities for countering unmanned aerial sys- 10 tems. 11 (6) The participation of other relevant Federal 12 agencies, as determined appropriate by the Sec- 13 retary. 14 (c) BRIEFING.—Not later than September 1, 2025, 15 the Secretary of Defense shall brief the congressional de- 16 fense committees on the outcomes and lessons learned 17 from the exercise required under subsection (a). 18 SEC. 1059. REVIEW, ASSESSMENT, AND ANALYSIS OF GOV- 19 ERNANCE STRUCTURE OF COUNTER-NAR- 20 COTICS AND COUNTER-TRANSNATIONAL OR- 21 GANIZED CRIME ACTIVITIES. 22 (a) AGREEMENT.—Not later than 90 days after the 23 date of the enactment of this Act, the Secretary of Defense 24 shall seek to enter into an agreement with a federally 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 607 •S 4638 RS funded research and development center for the conduct 1 of an independent review, assessment, and analysis of the 2 governance structure of the counter-narcotics and counter- 3 transnational organized crime activities of the Department 4 of Defense. 5 (b) REPORT.— 6 (1) IN GENERAL.—The agreement described in 7 subsection (a) shall provide that not later than one 8 year after the date on which the Secretary of De- 9 fense and the federally funded research and develop- 10 ment center enter into the agreement, the center 11 shall provide to the Secretary a report on the find- 12 ings of the review, assessment, and analysis. 13 (2) SUBMITTAL TO CONGRESS.—Upon receipt 14 of the report described in paragraph (1), the Sec- 15 retary of Defense shall submit the report to the con- 16 gressional defense committees and the congressional 17 research agencies. 18 (3) ELEMENTS.—The report described in para- 19 graph (1) shall include the following elements: 20 (A) An assessment of the authorities of the 21 Department of Defense for counter-narcotics 22 and counter-transnational organized crime ac- 23 tivities. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 608 •S 4638 RS (B) A description of the context for De- 1 partment of Defense authorities for counter- 2 narcotics and counter-transnational organized 3 crime activities, including a review of all Fed- 4 eral authorities, by Department and agency, for 5 counter-narcotics and counter-transnational or- 6 ganized crime activities and how those authori- 7 ties align with the authorities of the Depart- 8 ment of Defense. 9 (C) A gap analysis of the authorities de- 10 scribed in subparagraphs (A) and (B). 11 (D) A description of the funding for the 12 counter-narcotics and counter-transnational or- 13 ganized crime activities of the Department of 14 Defense. 15 (E) A description of the strategic objec- 16 tives and strategies for the counter-narcotics 17 and counter-transnational organized crime ac- 18 tivities of the Department of Defense. 19 (F) Recommendations for improving the 20 governance structure of the counter-narcotics 21 and counter-transnational organized crime ac- 22 tivities of the Department of Defense, including 23 with respect to designating a lead component or 24 agency within the Department of Defense. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 609 •S 4638 RS (4) FORM; PUBLIC AVAILABILITY.—The report 1 described in paragraph (1)— 2 (A) shall be submitted under paragraph 3 (2) in unclassified form, but may include a clas- 4 sified annex; and 5 (B) may be made available to the public. 6 (c) CONGRESSIONAL RESEARCH AGENCIES DE- 7 FINED.—In this section, the term ‘‘congressional research 8 agencies’’ means the following: 9 (1) The Congressional Research Service. 10 (2) The Congressional Budget Office. 11 (3) The Government Accountability Office. 12 SEC. 1060. MODIFICATION AND EXTENSION OF REQUIRE- 13 MENT FOR COMBATANT COMMAND RISK AS- 14 SESSMENT FOR AIRBORNE INTELLIGENCE, 15 SURVEILLANCE, AND RECONNAISSANCE. 16 Section 1061 of the James M. Inhofe National De- 17 fense Authorization Act for Fiscal Year 2023 (Public Law 18 117–263) is amended— 19 (1) in subsection (a), by inserting ‘‘cancel,’’ be- 20 fore ‘‘retire,’’; and 21 (2) in subsection (d), by striking ‘‘the date that 22 is five years after the date of the enactment of this 23 Act’’ and inserting ‘‘December 31, 2032’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 610 •S 4638 RS SEC. 1061. CONSIDERATION OF PROTRACTED CONFLICTS 1 IN PLANNING ASSUMPTIONS. 2 (a) ASSISTANT SECRETARY OF DEFENSE FOR 3 STRATEGY, PLANS, AND CAPABILITIES SUBMISSION.— 4 Not later than July 1, 2025, the Assistant Secretary of 5 Defense for Strategy, Plans, and Capabilities, in coordina- 6 tion with the Chairman of the Joint Chiefs of Staff and 7 with input from the combatant commands, shall deliver 8 to the Secretary of Defense defense planning scenarios 9 that use protracted conflicts of at least 6, 12, and 24 10 months as planning assumptions. 11 (b) COMBATANT COMMAND SUBMISSION.—Not later 12 than July 1, 2025, the combatant commands, in coordina- 13 tion with the Chairman of the Joint Chiefs of Staff and 14 the Assistant Secretary of Defense for Strategy, Plans, 15 and Capabilities, shall deliver to the Secretary of Defense 16 branches to operational plans that use protracted conflicts 17 of 6, 12, and 24 months as planning assumptions. 18 (c) BRIEFING.—Not later than September 1, 2025, 19 the Secretary of Defense shall provide a briefing to the 20 congressional defense committees summarizing the impli- 21 cations of the plans described in subsections (a) and (b) 22 on total munition requirements in the context of these 23 planning scenarios. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 611 •S 4638 RS SEC. 1062. STUDY ON COMBAT ACCOMPLISHMENTS OF RE- 1 MOTELY PILOTED AIRCRAFT CREW. 2 (a) IN GENERAL.—Not later than 60 days after the 3 date of the enactment of this Act, the Secretary of Defense 4 shall seek to enter into an agreement with a federally 5 funded research and development center to conduct an 6 independent study to identify opportunities to provide 7 more support services to, and greater recognition of, com- 8 bat accomplishments of remotely piloted aircraft (RPA) 9 crew. 10 (b) ELEMENTS.—The study required under sub- 11 section (a) shall— 12 (1) explore methods for identifying those mem- 13 bers of a RPA crew who conduct combat operations; 14 (2) review the manner of documentation for 15 RPA crew conducting combat operations; 16 (3) assess whether to establish a new status 17 identifier for RPA crew conducting combat oper- 18 ations and propose a timeline to establish such sta- 19 tus; 20 (4) propose decorations and awards for combat 21 operations available to RPA crew; 22 (5) assess whether to award campaign medals 23 for RPA crew conducting combat operations in a 24 named campaign; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 612 •S 4638 RS (6) examine whether post-separation health (in- 1 cluding mental health) care is available to RPA crew 2 who conduct combat operations. 3 SEC. 1063. REPORT ON RESOURCING OF ARCTIC STRATEGY. 4 (a) IN GENERAL.—The Secretary of Defense shall 5 submit to the congressional defense committees and the 6 congressional research agencies a report for each of fiscal 7 years 2026 through 2031 that includes cost data, for that 8 fiscal year and the period covered by the future-years de- 9 fense program under section 221 of title 10, United States 10 Code, of the Arctic Strategy of the Department of De- 11 fense. 12 (b) ELEMENTS.—Each report required by subsection 13 (a)— 14 (1) shall include an assessment of the 15 resourcing of the Arctic Strategy from funds re- 16 quested for— 17 (A) research, development, test, and eval- 18 uation; 19 (B) military construction; and 20 (C) procurement; and 21 (2) may, if such funds are directly contributing 22 the resourcing of the strategy, include an assessment 23 of the resourcing of the strategy from funds re- 24 quested for— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 613 •S 4638 RS (A) operations and maintenance; or 1 (B) military personnel. 2 (c) SUBMISSION.—The Secretary shall submit the re- 3 port required by subsection (a) to the congressional de- 4 fense committees and the congressional research agen- 5 cies— 6 (1) for fiscal year 2026, not later than May 1, 7 2025; and 8 (2) for fiscal year 2027 and each fiscal year 9 thereafter through fiscal year 2031, with the mate- 10 rials submitted to Congress by the Secretary of De- 11 fense in support of the budget of the President for 12 that fiscal year (as submitted under section 1105(a) 13 of title 31, United States Code). 14 (d) FORM.—Each report required by subsection (a) 15 shall be submitted in— 16 (1) an unclassified form that may be made 17 available to the public; and 18 (2) an unclassified form that may include a 19 classified annex. 20 (e) LEGISLATIVE RESEARCH AGENCY DEFINED.—In 21 this section, the term ‘‘legislative research agency’’ in- 22 cludes the following: 23 (1) The Congressional Research Service. 24 (2) The Congressional Budget Office. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 614 •S 4638 RS (3) The Governmental Accountability Office. 1 SEC. 1064. ASSESSMENT OF IMPACT OF TRANSNATIONAL 2 ORGANIZED CRIME ON MILITARY DRUG 3 OVERDOSES. 4 (a) ASSESSMENT.—Not later than 180 days after the 5 date of the enactment of this Act, the directors of the mili- 6 tary criminal investigation organizations, in coordination 7 with the Director of the Defense Health Agency, shall sub- 8 mit to the Committees on Armed Services of the Senate 9 and the House of Representatives an assessment of how 10 transnational organized crime is contributing to drug 11 overdoses at military installations. 12 (b) ELEMENTS.—The assessment required under 13 subsection (a) shall include an assessment of the extent 14 to which— 15 (1) fentanyl is responsible for drug overdoses of 16 members of the Armed Forces, dependents of such 17 members, and civilian employees of the Department 18 of Defense; 19 (2) a combination of fentanyl and another drug 20 is responsible for such drug overdoses; 21 (3) illegal fentanyl discovered on military instal- 22 lations and surrounding communities is related to 23 transnational organized crime; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 615 •S 4638 RS (4) fentanyl is inhibiting the readiness of the 1 Armed Forces and quality of life for members of the 2 Armed Forces, dependents of such members, and ci- 3 vilian employees of the Department at military in- 4 stallations and surrounding communities. 5 (c) FORM.—The assessment required under sub- 6 section (a) shall be submitted in unclassified form but may 7 contain a classified annex. 8 (d) DEFINITIONS.—In this section: 9 (1) MILITARY CRIMINAL INVESTIGATION ORGA- 10 NIZATIONS.—The term ‘‘military criminal investiga- 11 tion organizations’’ means— 12 (A) the Criminal Investigation Division of 13 the Army; 14 (B) the Criminal Investigative Service of 15 the Navy; and 16 (C) the Office of Special Investigations of 17 the Air Force. 18 (2) TRANSNATIONAL ORGANIZED CRIME.—The 19 term ‘‘transnational organized crime’’ has the mean- 20 ing given that term in section 284(i) of title 10, 21 United States Code. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 616 •S 4638 RS SEC. 1065. REVIEW AND REPORT ON OPERATIONAL PLANS 1 OF THE DEPARTMENT OF DEFENSE. 2 (a) DEPARTMENT OF DEFENSE REVIEW AND RE- 3 PORT.— 4 (1) IN GENERAL.—Not later than March 15, 5 2025, the Secretary of Defense, in consultation with 6 the service chief of each military department and the 7 commander of each combatant command, shall— 8 (A) complete a review of the operational 9 plans of the Department of Defense; and 10 (B) submit to the congressional defense 11 committees a report that outlines any shortfall 12 in personnel, equipment, munitions, infrastruc- 13 ture, or materiel required to execute such plans. 14 (2) ASSUMPTION AND CONSIDERATIONS.— The 15 review and report required by paragraph (1) shall— 16 (A) incorporate the assumption that a con- 17 tingency operation in the western Pacific, Eu- 18 rope, the Middle East, or the Korean Peninsula 19 would increase the likelihood of a contingency 20 operation in the other three theaters; and 21 (B) include a consideration of— 22 (i) the lessons learned from the war in 23 Ukraine, including with respect to muni- 24 tion consumption rates; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 617 •S 4638 RS (ii) the current state of the military 1 forces of the Russian Federation and 2 forces affiliated with such military forces; 3 (iii) the current state of the military 4 forces of the member countries of the 5 North Atlantic Treaty Organization; 6 (iv) with respect to the munitions in- 7 dustrial base— 8 (I) the current quantities of mu- 9 nitions in the extant inventories of the 10 United States and the geographic lo- 11 cation of such munitions; 12 (II) the current rate of produc- 13 tion based on existing infrastructure 14 and capacity; and 15 (III) the single points of produc- 16 tion and assembly throughout the mu- 17 nitions supply chain; and 18 (v) the impact of contested logistics, 19 including— 20 (I) cyberattacks on defense and 21 civilian logistics-related infrastruc- 22 ture— 23 (aa) within the continental 24 United States; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 618 •S 4638 RS (bb) outside the continental 1 United States, including within 2 the territories of allies and part- 3 ners of the United States; and 4 (cc) in space; 5 (II) kinetic attacks on defense 6 and civilian logistics-related infra- 7 structure— 8 (aa) within the continental 9 United States; and 10 (bb) outside the continental 11 United States, including within 12 the territories of allies and part- 13 ners of the United States; 14 (III) potential interdiction of air 15 and sea lines of communication and 16 logistical support; and 17 (IV) the logistical trail of energy 18 supply chains required to support 19 operational plans, with consideration 20 given to survivable mobile nuclear, hy- 21 drogen, synthetic fuel generation ca- 22 pabilities, and other energy tech- 23 nologies, as determined by the Sec- 24 retary, that maintain or increase oper- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 619 •S 4638 RS ational flexibility and resilience in 1 comparison to currently deployed en- 2 ergy generation technologies. 3 (b) INDEPENDENT ANALYSIS AND REPORT.— 4 (1) ANALYSIS.—The Secretary shall enter into 5 an agreement with an appropriate federally funded 6 research and development center for— 7 (A) the conduct of a detailed independent 8 analysis of the report required by subsection 9 (a)(1); and 10 (B) the submission to the Secretary of a 11 report on such analysis. 12 (2) REPORT.—Not later than March 1, 2025, 13 the Secretary shall submit to the congressional de- 14 fense committees the report prepared by the feder- 15 ally funded research and development center under 16 paragraph (1), without modification. 17 (3) FORM.—The report submitted under para- 18 graph (2) shall be submitted in unclassified form 19 with a classified annex. 20 SEC. 1066. REPORT ON UNDERSEA CABLE POSTURE. 21 (a) IN GENERAL.—Not later than December 30, 22 2025, the Chief Information Officer of the Department of 23 Defense (DOD-CIO) shall submit to the congressional de- 24 fense committees a classified report on the threats, de- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 620 •S 4638 RS fense, and resilience of undersea cables used by the De- 1 partment of Defense. 2 (b) ELEMENTS.—The report required under sub- 3 section (a) shall include the following elements: 4 (1) An assessment of the threats (i.e., physical, 5 cyber, supply chain, and foreign ownership) to un- 6 dersea cables owned or used by the Department of 7 Defense, including— 8 (A) the current procedure when threats to 9 such cables are identified by or reported to the 10 Department of Defense (Office of Naval Intel- 11 ligence (ONI) lead and United States Cyber 12 Command supporting); 13 (B) the extent to which such cables are 14 owned and operated solely by the Department 15 of Defense, reported by agency or military de- 16 partment (DOD-CIO NMO would be lead); 17 (C) the extent to which such cables are 18 owned and operated by non-government or com- 19 mercial entities, but contracted to support the 20 Department of Defense, reported by agency or 21 military department (ODNI Lead, Under Sec- 22 retary of Defense for Acquisitions and 23 Sustainment supporting); 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 621 •S 4638 RS (D) a list of Department of Defense mis- 1 sions that would be most severely disrupted by 2 a loss of undersea cable capabilities (combatant 3 commands would lead this prioritization); and 4 (E) intelligence gaps concerning threats to 5 such cables (ODNI would be overall lead for 6 this effort). 7 (2) The Department of Defense’s strategy to 8 protect critical subsea cables and an assessment of 9 the Department’s ability to execute that strategy, in- 10 cluding for cables not owned by the Department of 11 Defense (DOD-CIO). 12 (3) An assessment of the Department of De- 13 fense’s ability to restore critical subsea cable capa- 14 bilities based on damage to or interdiction of exist- 15 ing undersea capabilities (DOD-CIO). 16 (4) An assessment of the Department of De- 17 fense’s ability to execute processes to prioritize and 18 support restoration efforts if subsea cable capabili- 19 ties are lost (DOD-CIO). 20 (5) Alternative capabilities to negate or miti- 21 gate the loss of critical undersea cable capabilities, 22 including a Primary, Alternate, Contingency, Emer- 23 gency communication plan (DOD-CIO). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 622 •S 4638 RS (6) A strategy for prioritizing Department of 1 Defense missions in the event that undersea cable 2 capabilities are lost (DOD-CIO). 3 (7) An assessment of support required from 4 other United States Government, private sector, and 5 foreign partners to defend, maintain, and restore un- 6 dersea cable capabilities (DOD-CIO). 7 (8) An assessment of new or additional capa- 8 bilities or authorities required to adequately defend, 9 monitor, maintain or restore undersea cable capabili- 10 ties (DOD-CIO), including, if additional capabilities 11 are required, an estimated budget to support. 12 Subtitle G—Caisson Services at 13 Arlington National Cemetery 14 SEC. 1071. PLAN FOR PROCUREMENT OF MILITARY WORK- 15 ING EQUIDS FOR THE CAISSON PLATOON OF 16 THE 3RD INFANTRY REGIMENT OF THE 17 ARMY. 18 (a) IN GENERAL.—Not later than 30 days after the 19 date of the enactment of this Act, the Secretary of the 20 Army shall submit to Congress a detailed plan for the pro- 21 curement of military working equids for the Caisson Pla- 22 toon of the 3rd Infantry Regiment of the Army. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 623 •S 4638 RS (b) CONSULTATION.—In developing the plan required 1 by subsection (a), the Secretary of the Army shall consult 2 with— 3 (1) the Mounted Color Guard of the Marine 4 Corps; 5 (2) the Navy, the Air Force, the Space Force, 6 and the Coast Guard; and 7 (3) at least two nationally recognized equid or- 8 ganizations, foundations, or councils. 9 SEC. 1072. REQUIREMENT TO BEGIN CONDUCTING FUNER- 10 ALS WITH CAISSON SERVICES AT ARLINGTON 11 NATIONAL CEMETERY. 12 (a) IN GENERAL.—Not later than 30 days after the 13 date of the enactment of this Act, the Secretary of the 14 Army shall— 15 (1) begin conducting at least two funerals with 16 caisson services each week, or a total of four services 17 in a two week period, at Arlington National Ceme- 18 tery, Virginia; or 19 (2) enter into a contract with a nongovern- 20 mental entity described in subsection (b). 21 (b) CONTRACT DESCRIBED.—The contract described 22 in this subsection shall— 23 (1) require that the nongovernmental entity— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 624 •S 4638 RS (A) begin providing services under the con- 1 tract not later than 60 days after the date of 2 the enactment of this Act; 3 (B) provide the military working equids 4 necessary to conduct caisson services for at 5 least one funeral each business day, other than 6 Federal holidays, at Arlington National Ceme- 7 tery, until the funerals backlogged at such cem- 8 etery as of the date of the enactment of this 9 Act are conducted; and 10 (C) after the backlogged funerals described 11 in subparagraph (B) are conducted, to continue 12 to provide services to meet the requirement of 13 caisson services for funerals until the Army is 14 capable of conducting at least one funeral with 15 caisson services each business day; 16 (2) specify that Army uniformed soldiers and 17 not contract personnel will participate by riding the 18 military working equids in the funeral ceremonies; 19 and 20 (3) terminate when the Caisson Platoon of the 21 3rd Infantry Regiment of the Army begins con- 22 ducting at least one funeral with caisson services 23 each business day. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 625 •S 4638 RS SEC. 1073. MONTHLY REPORT ON FUNERALS AT ARLING- 1 TON NATIONAL CEMETERY ON HOLD UNTIL 2 CAISSON SERVICES RESUME. 3 Section 7721 of title 10, United States Code, is 4 amended by adding at the end the following new sub- 5 section: 6 ‘‘(f) MONTHLY REPORT ON CAISSON SERVICES.— 7 Not later than 30 days after the date of the enactment 8 of this subsection, and not less frequently than once every 9 30 days thereafter, the Secretary of the Army shall submit 10 to the congressional defense committees a report on the 11 number of families that have requested caisson services 12 at Arlington National Cemetery and are waiting to hold 13 funerals until caisson services resume.’’. 14 SEC. 1074. LAND FOR OPERATIONS AND TRAINING OF CAIS- 15 SON PLATOON OF THE 3RD INFANTRY REGI- 16 MENT OF THE ARMY. 17 Section 366 of the National Defense Authorization 18 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 19 234; 10 U.S.C. 7721 note) is amended by adding at the 20 end the following new subsection: 21 ‘‘(d) LAND FOR OPERATIONS AND TRAINING.—In ac- 22 quiring the land necessary for the operations and training 23 of the Caisson Platoon of the 3rd Infantry Regiment of 24 the Army, the Secretary of the Army shall consider land 25 in West Virginia and Virginia.’’. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 626 •S 4638 RS Subtitle H—Other Matters 1 SEC. 1081. ROLES AND RESPONSIBILITIES FOR THE MITIGA- 2 TION, IDENTIFICATION, AND TREATMENT OF 3 TRAUMATIC BRAIN INJURY AND THE MONI- 4 TORING AND DOCUMENTATION OF BLAST 5 OVERPRESSURE EXPOSURE. 6 (a) ESTABLISHMENT OF ROLES.—The Secretary of 7 Defense shall establish the roles and responsibilities of 8 components of the Office of the Secretary of Defense for 9 the mitigation, identification, and treatment of traumatic 10 brain injury and the monitoring and documentation of 11 blast overpressure exposure, including blast overpressure 12 exposure logs and traumatic brain injury logs, with respect 13 to health care, readiness, acquisitions, and Inspector Gen- 14 eral oversight. 15 (b) BRIEFINGS AND REPORTS.— 16 (1) IMPLEMENTATION BRIEFING.—Not later 17 than June 1, 2025, and annually thereafter through 18 June 1, 2028, the Secretary of Defense shall provide 19 to the Committees on Armed Services of the Senate 20 and the House of Representatives briefings on the 21 roles and responsibilities established under sub- 22 section (a) and the plans, associated timelines, and 23 activities conducted to implement such roles and re- 24 sponsibilities. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 627 •S 4638 RS (2) REPORT ON TRAUMATIC BRAIN INJURIES.— 1 Not later than June 1, 2025, and annually there- 2 after through June 1, 2030, the Secretary of De- 3 fense shall submit to the Committees on Armed 4 Services of the Senate and the House of Representa- 5 tives a report, with a classified annex as necessary, 6 concerning traumatic brain injuries among members 7 of the Armed Forces caused during combat oper- 8 ations or training events. 9 (3) REPORT ON MEDICAL PROVIDERS TRAINED 10 IN TRAUMATIC BRAIN INJURY NEUROLOGY.—Not 11 later than December 31, 2025, and annually there- 12 after through December 31, 2030, the Secretary of 13 Defense shall submit to the Committees on Armed 14 Services of the Senate and the House of Representa- 15 tives a report on medical providers within the De- 16 fense Health Agency who are trained in traumatic 17 brain injury as a sub-specialty of neurology, includ- 18 ing information on— 19 (A) the number of such providers, 20 disaggregated by location; 21 (B) the billets of such providers; 22 (C) the number of medical personnel cur- 23 rently participating in training or a fellowship 24 relating to traumatic brain injury; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 628 •S 4638 RS (D) the strategy of the Department of De- 1 fense to increase the number of medical pro- 2 viders trained in traumatic brain injury as a 3 sub-specialty of neurology. 4 SEC. 1082. EXTENSION OF NATIONAL SECURITY COMMIS- 5 SION ON EMERGING BIOTECHNOLOGY. 6 Section 1091 of the National Defense Authorization 7 Act for Fiscal Year 2022 (Public Law 117–81) is amend- 8 ed— 9 (1) in subsection (b), by striking paragraph (3) 10 and redesignating paragraph (4) as paragraph (3); 11 (2) in subsection (g)(1), by inserting ‘‘and 6 12 months’’ after ‘‘2 years’’; and 13 (3) in subsection (r), by striking ‘‘18 months 14 after the date on which it submits the final report 15 required by subsection (g)’’ and inserting ‘‘Decem- 16 ber 1, 2026’’. 17 SEC. 1083. ENHANCEMENT OF SPECIAL OPERATIONS 18 RIVERINE CAPABILITY. 19 (a) IN GENERAL.—Not later than 270 days after the 20 date of the enactment of this Act, the Assistant Secretary 21 of Defense for Special Operations and Low-Intensity Con- 22 flict and the Commander of the United States Special Op- 23 erations Command shall submit to the congressional de- 24 fense committees a plan for the sustainment and enhance- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 629 •S 4638 RS ment of a special operations riverine capability within 1 United States Special Operations Command through fiscal 2 year 2035. 3 (b) ELEMENTS.—The plan required under subsection 4 (a) shall include, at a minimum, the following: 5 (1) An articulation of the value of special oper- 6 ations riverine capabilities to accomplishing the ob- 7 jectives of the national defense strategy. 8 (2) Manpower requirements and sourcing. 9 (3) Sustainment, recapitalization, and mod- 10 ernization of Special Operations Craft-Riverine mar- 11 itime craft. 12 (4) The advisability and feasibility of developing 13 a future riverine maritime craft. 14 (5) Bolstering research, experimentation, and 15 prototyping efforts related to riverine, coastal, and 16 other maritime capabilities, to include unmanned 17 surface vessels, including through the identification 18 of opportunities to expand such efforts through addi- 19 tional manpower, funding, and collaborative relation- 20 ships with relevant elements of the Federal Govern- 21 ment and commercial industry. 22 (6) Identification of infrastructure and training 23 range requirements and opportunities for improve- 24 ments. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 630 •S 4638 RS (7) Any other matters the Assistant Secretary 1 of Defense for Special Operations and Low-Intensity 2 Conflict and the Commander of United States Spe- 3 cial Operations Command determine relevant. 4 SEC. 1084. PLAN FOR RECAPITALIZATION OF SPECIAL OP- 5 ERATIONS SURFACE COMBATANT CRAFT. 6 Not later than 90 days after the date of the enact- 7 ment of this Act, the Assistant Secretary of Defense for 8 Special Operations and Low Intensity Conflict and the 9 Commander of the United States Special Operations Com- 10 mand shall jointly submit to the congressional defense 11 committees a plan for converting special operations sur- 12 face combatant craft at the end of service life into un- 13 manned systems, as appropriate, to support experimen- 14 tation and the use of manned-unmanned teaming capabili- 15 ties. 16 SEC. 1085. HOMELAND DEFENSE PLANNING REQUIRE- 17 MENTS. 18 (a) REPORT ON AT-RISK DEFENSE CRITICAL AS- 19 SETS.—Not later than February 15, 2025, the Assistant 20 Secretary of Defense for Strategy, Plans, and Capabilities, 21 in consultation with the Commander of the United States 22 Cyber Command and the Director of the Defense Intel- 23 ligence Agency, shall submit to the designated recipients 24 and the Commander of the United States Northern Com- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 631 •S 4638 RS mand a detailed list of the defense critical assets in the 1 United States that are assessed to be likely targets of an 2 attack, including kinetic and non-kinetic attacks, in a 3 major conflict with an adversary. 4 (b) REPORT ON LIKELY REQUESTS FOR SUPPORT.— 5 Not later than April 15, 2025, in consultation with rel- 6 evant civilian agencies, the Assistant Secretary of Defense 7 for Strategy, Plans, and Capabilities, shall submit to the 8 designated recipients a report identifying and assessing 9 the foreseeable requests for support from civilian agencies 10 responsible for the defense of the defense critical assets 11 detailed in the report submitted under subsection (a). The 12 report shall include— 13 (1) each agency likely to request support; 14 (2) the existing capabilities of each agency to 15 respond to and defend against a prospective attack; 16 (3) the specific capabilities requested, and an 17 estimate of the number of Department of Defense 18 personnel that would be required to provide those 19 capabilities; 20 (4) an estimate of the cost for providing the re- 21 quested Department of Defense support; and 22 (5) an estimate of the duration of support that 23 could be provided in response to such requests, and 24 an assessment of whether such support could be pro- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 632 •S 4638 RS vided in a protracted scenario extending beyond 180 1 days. 2 (c) FEASIBILITY ASSESSMENT.—Not later than June 3 1, 2025, the Assistant Secretary of Defense for Strategy, 4 Plans, and Capabilities, in consultation with the Com- 5 mander of the United States Cyber Command and the 6 Commander of the United States Northern Command, 7 shall submit to the designated recipients a report assess- 8 ing the feasibility of providing support to the requests 9 identified in the report submitted under subsection (b). 10 The assessment shall address providing support to a re- 11 quest independently, concurrent with other related re- 12 quests, and consecutive with other requests. 13 (d) DESIGNATED RECIPIENTS DEFINED.—In this 14 section, the term ‘‘designated recipients’’ means the Sec- 15 retary of Defense, the Secretaries of the military depart- 16 ments, and the Committees on Armed Services of the Sen- 17 ate and the House of Representatives. 18 SEC. 1086. AUTHORITY TO PROVIDE CONTRACTED ASSIST- 19 ANCE TO SECURE THE SOUTHERN LAND BOR- 20 DER OF THE UNITED STATES. 21 Section 1059 of the National Defense Authorization 22 Act for Fiscal Year 2016 (10 U.S.C. 284 note; Public Law 23 114–92) is amended— 24 (1) in subsection (a)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 633 •S 4638 RS (A) by redesignating paragraph (2) as 1 paragraph (3); 2 (B) by inserting after paragraph (1) the 3 following: 4 ‘‘(2) CONTRACT AUTHORITY.—In providing as- 5 sistance to U.S. Customs and Border Protection au- 6 thorized under paragraph (1), the Secretary of De- 7 fense may acquire, by contract, for the purposes of 8 such assistance— 9 ‘‘(A) warehousing and logistical supply 10 chain services; 11 ‘‘(B) transportation services; 12 ‘‘(C) vehicle maintenance services; 13 ‘‘(D) linguist services; and 14 ‘‘(E) data entry services.’’; and 15 (C) in paragraph (3), as redesignated, by 16 striking ‘‘under paragraph (1)’’ and inserting 17 ‘‘authorized under paragraph (1) or (2)’’; and 18 (2) in subsection (f)(1)— 19 (A) by redesignating subparagraph (D) as 20 subparagraph (E); and 21 (B) by inserting after subparagraph (C) 22 the following: 23 ‘‘(D) A description of the contracted sup- 24 port, including contracting vehicle used, the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 634 •S 4638 RS terms of the contract, and the amounts ex- 1 pended to provide contracted support pursuant 2 to subsection (a)(2).’’; and 3 (3) by adding at the end the following: 4 ‘‘(g) SUNSET.—The authority granted under this sec- 5 tion shall cease to have any force or effect beginning on 6 October 1, 2026.’’. 7 SEC. 1087. LIAISON WITH THE COUNTER UNMANNED AER- 8 IAL SYSTEMS TASK FORCE. 9 (a) LIAISON REQUIRED.—The Director of the All-Do- 10 main Anomaly Resolution Office (AARO) shall provide one 11 or more personnel to act as a liaison with the Counter 12 Unmanned Aerial Systems Task Force to improve coordi- 13 nation of efforts and support enabling capabilities of mu- 14 tual benefit. 15 (b) RESPONSIBILITIES.—The liaison position or posi- 16 tions described in (a) shall have the following responsibil- 17 ities: 18 (1) Conducting information sharing between or- 19 ganizations on identified or suspected Unmanned 20 Aerial Systems (UAS) events, including incident re- 21 porting, incident responses, and data on technical 22 characterization of the known or suspected threats. 23 (2) Coordination on the development of tech- 24 nical capabilities for sensing and response to threats. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 635 •S 4638 RS (3) Development of coordinated tactics, tech- 1 niques, and procedures for incident response. 2 SEC. 1088. INTRODUCTION OF ENTITIES IN TRANSACTIONS 3 CRITICAL TO NATIONAL SECURITY. 4 Section 1047 of the James M. Inhofe National De- 5 fense Authorization Act for Fiscal Year 2023 (Public Law 6 117–263; 10 U.S.C. 113 note) is amended by striking 7 ‘‘may facilitate the introduction’’ and inserting ‘‘shall fa- 8 cilitate the introduction’’. 9 SEC. 1089. PRIORITIZATION OF ACCREDITATION OF SEN- 10 SITIVE COMPARTMENTED INFORMATION FA- 11 CILITIES SUPPORTING DX-RATED PROGRAMS. 12 (a) FRAMEWORK FOR PRIORITIZED REVIEW RE- 13 QUIRED.—Not later than 270 days after the date of enact- 14 ment of this Act, the Secretary of Defense shall develop 15 a framework for prioritized review and accreditation and 16 reaccreditations of sensitive compartmented information 17 facilities and classified communications networks at facili- 18 ties that are not located on a Department of Defense in- 19 stallation or facility. 20 (b) PROGRAMS RATED DX.—The framework devel- 21 oped pursuant to subsection (a) shall take into consider- 22 ation the accreditation or reaccreditation of facilities and 23 networks that would support programs that are rated 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 636 •S 4638 RS ‘‘DX’’ pursuant to section 700.11 of title 15, Code of Fed- 1 eral Regulations, or successor regulations. 2 (c) SUBMITTAL TO CONGRESS.—Not later than 270 3 days after the date of the enactment of this Act, the Sec- 4 retary shall submit to the congressional defense commit- 5 tees the framework developed pursuant to subsection (a). 6 SEC. 1090. ESTABLISHMENT OF THE NATIONAL SECURITY 7 CAPITAL FORUM. 8 (a) FORUM ESTABLISHED.—The Secretary of De- 9 fense shall establish a forum— 10 (1) as the convening forum for domestic and 11 international institutional financiers, capital pro- 12 viders, investors, entrepreneurs, innovators, business 13 persons, and various representatives from across the 14 private sector, relevant United States Government 15 offices, and from the governments and private sector 16 of the allies and partners of the United States; and 17 (2) to allow the exchange of information with 18 the Department of Defense pertaining to trans- 19 actions or potential transactions, or to integrate ef- 20 forts to achieve coordinated effects to support the 21 national security interest of the United States. 22 (b) DESIGNATION OF EXECUTIVE AGENT.—The Sec- 23 retary of Defense shall designate an existing position in 24 the Department to act as the director of the forum. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 637 •S 4638 RS (c) PARTICIPATION OF RELEVANT UNITED STATES 1 GOVERNMENT OFFICES.—The Secretary of Defense may 2 invite other Federal agencies to attend the forum. 3 SEC. 1091. IMPROVEMENTS RELATING TO PORTABILITY OF 4 PROFESSIONAL LICENSES OF 5 SERVICEMEMBERS AND THEIR SPOUSES. 6 Section 705A of the Servicemembers Civil Relief Act 7 is amended to read as follows: 8 ‘‘SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 9 SERVICEMEMBERS AND THEIR SPOUSES. 10 ‘‘(a) IN GENERAL.—In a case in which a servicemem- 11 ber or the spouse of a servicemember has a covered license 12 and such servicemember or spouse relocates his or her 13 residency because of military orders for military service 14 to a location that is not in the jurisdiction of the licensing 15 authority that issued the covered license, such covered li- 16 cense shall be considered valid at a similar scope of prac- 17 tice, and in the discipline issue for, in the receiving juris- 18 diction if such servicemember or spouse submits an appli- 19 cation to the licensing authority for the receiving jurisdic- 20 tion that includes the following: 21 ‘‘(1) Proof of such military orders or proof of 22 military service, as the case may be. 23 ‘‘(2) In a case in which the applicant is a 24 spouse of the servicemember who is subject to the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 638 •S 4638 RS military orders or military service, a copy of a mar- 1 riage certificate to a servicemember. 2 ‘‘(3) A notarized affidavit affirming, under the 3 penalty of law, the following: 4 ‘‘(A) The applicant is the person described 5 and identified in the application. 6 ‘‘(B) All statements made on the applica- 7 tion are true and correct and complete. 8 ‘‘(C) The applicant has read and under- 9 stands the requirements for licensure and cer- 10 tification and certifies that the applicant meets 11 those requirements. 12 ‘‘(D) The applicant is in good standing in 13 all jurisdictions in which the applicant holds or 14 has held a license or certification. 15 ‘‘(4) Such documentation as may be required by 16 the licensing authority in the receiving jurisdiction 17 for the purposes of background checks and main- 18 taining standards of practice, discipline, and fulfill- 19 ment of any continuing education requirements. 20 ‘‘(b) ISSUING LICENSES.— 21 ‘‘(1) IN GENERAL.—Except as provided in para- 22 graph (2), a licensing authority that receives an ap- 23 plication for a license that is submitted under sub- 24 section (a) and meets all of the requirements set 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 639 •S 4638 RS forth in such subsection, shall issue, not later than 1 30 days after receiving the application, a license of 2 similar scope of practice as the covered license of the 3 applicant. 4 ‘‘(2) TEMPORARY LICENSES.—In a case in 5 which a licensing authority is required to issue a li- 6 cense under paragraph (1) but is unable to issue the 7 license within 30 days as required by such para- 8 graph, the licensing authority shall issue a tem- 9 porary license that confers the same rights, privi- 10 leges, and responsibilities as a permanent license, 11 until the permanent license is issued. 12 ‘‘(c) INTERSTATE LICENSURE COMPACTS.—If, in a 13 case described in subsection (a), the receiving jurisdiction 14 is located in a State that is a member of an interstate 15 compact that is in effect and the servicemember or spouse 16 is applying for a license that covers a particular profession 17 or occupation that is covered by the membership of the 18 State in the interstate compact, the servicemember or 19 spouse shall be subject to the requirements of the inter- 20 state compact. 21 ‘‘(d) DEFINITIONS.—In this section: 22 ‘‘(1) COVERED LICENSE.—The term ‘covered li- 23 cense’ means an active license that, with respect to 24 a similar scope of practice— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 640 •S 4638 RS ‘‘(A) has not been revoked or had dis- 1 cipline imposed by any jurisdiction; 2 ‘‘(B) does not have a complaint, allegation, 3 or investigation relating to unprofessional con- 4 duct pending in any jurisdiction relating to it, 5 or otherwise in a status that in any manner re- 6 stricts the activity of the license holder; and 7 ‘‘(C) has not been voluntarily surrendered 8 while under investigation for unprofessional 9 conduct in any jurisdiction. 10 ‘‘(2) LICENSE.—The term ‘license’ means any 11 license, certificate, or other evidence of qualification 12 that an individual is required to obtain before he or 13 she may engage in or represent himself or herself to 14 be a member of a particular profession or occupa- 15 tion. 16 ‘‘(3) LICENSING AUTHORITY.—The term ‘li- 17 censing authority’ means any State board, commis- 18 sion, department, or agency that— 19 ‘‘(A) is established in the State for the pri- 20 mary purpose of regulating the entry of persons 21 into or the conduct of persons within, a par- 22 ticular profession or occupation; and 23 ‘‘(B) is authorized to issue licenses. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 641 •S 4638 RS ‘‘(4) SCOPE OF PRACTICE.—The term ‘scope of 1 practice’ means defined parameters of various duties 2 or services that may be provided by an individual 3 with specific credentials.’’. 4 SEC. 1092. PILOT PROGRAM TO PROVIDE MILITARY AIR- 5 CRAFT SUPPORT TO AIR SHOWS. 6 (a) PILOT PROGRAM.—Not later than 90 days after 7 the date of the enactment of this Act, the Secretary of 8 Defense, in consultation with the Secretary of the Army, 9 the Secretary of the Navy, and the Secretary of the Air 10 Force, shall establish a pilot program for not less than 11 2 years to provide military aircraft and aerial demonstra- 12 tion teams in support of air shows located in rural or small 13 market areas across the country for the purposes of cata- 14 loguing the impact on military recruitment. The program 15 shall— 16 (1) require each military service to provide sup- 17 port to not fewer than 5 qualifying air shows each 18 fiscal year; 19 (2) not support covered air shows unless the 20 event organizers cover any costs exceeding $100,000; 21 and 22 (3) catalogue recruitment numbers in regions 23 where military aircraft support covered air shows be- 24 fore, during, and after the pilot program began. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 642 •S 4638 RS (b) REPORTS.—Not later than March 1, 2026, and 1 March 1, 2027, the Secretary of Defense shall provide a 2 report to the congressional defense committees including 3 the following: 4 (1) An analysis of recruitment figures in cov- 5 ered regions that hosted supported air shows before 6 and after the pilot program began. 7 (2) A business case analysis of the costs and 8 benefits of providing military aircraft support to air 9 shows compared to other initiatives to encourage re- 10 cruitment. 11 SEC. 1093. ESTABLISHMENT OF REQUIREMENTS RELATING 12 TO BLAST OVERPRESSURE EXPOSURE. 13 (a) IN GENERAL.—Not later than one year after the 14 date of the enactment of this Act, the Under Secretary 15 of Defense for Acquisition and Sustainment shall estab- 16 lish— 17 (1) the minimization of exposure to blast over- 18 pressure as a performance parameter when drafting 19 requirements for new weapons systems for the De- 20 partment of Defense that produce blast over- 21 pressure; 22 (2) a requirement that any entity under con- 23 tractual agreement with the Department as part of 24 the defense weapons acquisition process shall provide 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 643 •S 4638 RS to the Department blast overpressure measurements 1 and safety data for any weapons system procured 2 from such entity that produces blast overpressure 3 and exceeds the maximum exposure limit set by the 4 Department; and 5 (3) a requirement that any test plan for a 6 weapons system shall incorporate testing for blast 7 overpressure measurements and safety data. 8 (b) REPORT.—Not later than December 31 of each 9 year following the date of the enactment of this Act, the 10 Under Secretary of Defense for Acquisition and 11 Sustainment shall publish on a publicly available website, 12 including govinfo.gov or successor website, a report that 13 includes— 14 (1) blast overpressure measurements and safety 15 data for weapons systems of the Department of De- 16 fense, including how those systems have been tested 17 and in what environments; and 18 (2) plans to improve protection for exposure by 19 members of the Armed Forces to in-use weapons 20 systems with unsafe levels of blast overpressure and 21 exposure. 22 (c) CONTRACTUAL AGREEMENT DEFINED.—In this 23 section, the term ‘‘contractual agreement’’ includes a con- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 644 •S 4638 RS tract, grant, cooperative agreement, and any other similar 1 transaction or relationship. 2 SEC. 1094. PREFERRED ALTERNATIVE FOR THE AMBLER 3 MINING DISTRICT IN ALASKA. 4 (a) DEFINITION OF SECRETARY.—In this section, the 5 term ‘‘Secretary’’ means the Secretary of the Interior. 6 (b) SELECTION OF ALTERNATIVE.—Notwithstanding 7 any other provision of law, not later than 30 days after 8 the date of enactment of this Act, the Secretary shall— 9 (1) select as the preferred alternative for the 10 Ambler Mining District Industrial Access Road 11 Project either ‘‘Alternative A’’ or ‘‘Alternative B’’, 12 as described in the notice of availability of the Bu- 13 reau of Land Management entitled ‘‘Notice of Avail- 14 ability of the Ambler Road Final Supplemental En- 15 vironmental Impact Statement, Alaska’’ and pub- 16 lished on April 26, 2024 (89 Fed. Reg. 32458); 17 (2) publish a record of decision that includes 18 the preferred alternative selected under paragraph 19 (1); and 20 (3) in accordance with section 1107 of the Alas- 21 ka National Interest Lands Conservation Act (16 22 U.S.C. 3167), issue all rights-of-way across public 23 lands (as defined in section 102 of that Act (16 24 U.S.C. 3102)) necessary for the implementation of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 645 •S 4638 RS the preferred alternative selected under paragraph 1 (1). 2 (c) REQUIREMENTS.—In carrying out subsection (b), 3 the Secretary, in coordination with the Secretary of De- 4 fense, shall select the preferred alternative under para- 5 graph (1) of that subsection that the Secretary deter- 6 mines— 7 (1) provides adequate and feasible access for 8 economic, defense, and other purposes, including the 9 acquisition and retention of stocks of certain stra- 10 tegic and critical materials; and 11 (2) encourages the conservation and develop- 12 ment of sources of certain strategic and critical ma- 13 terials, with respect to any impacts on the national 14 security interests of the United States that sources 15 of those materials may have on the United States, 16 as described in section 2(b) of the Strategic and 17 Critical Materials Stock Piling Act (50 U.S.C. 18 98a(b)). 19 (d) RULE OF CONSTRUCTION.—The Secretary shall 20 carry out subsection (b) in accordance with subsections 21 (b) through (e) of section 201(4) and section 1110(b) of 22 the Alaska National Interest Lands Conservation Act (16 23 U.S.C. 410hh(4), 3170(b)). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 646 •S 4638 RS TITLE XI—CIVILIAN PERSONNEL 1 MATTERS 2 SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 3 ANNUAL LIMITATION ON PREMIUM PAY AND 4 AGGREGATE LIMITATION ON PAY FOR FED- 5 ERAL CIVILIAN EMPLOYEES WORKING OVER- 6 SEAS. 7 Subsection (a) of section 1101 of the Duncan Hunter 8 National Defense Authorization Act for Fiscal Year 2009 9 (Public Law 110–417; 122 Stat. 4615), as most recently 10 amended by section 1105 of the National Defense Author- 11 ization Act for Fiscal Year 2024 (Public Law 118–31; 137 12 Stat. 427), is further amended by striking ‘‘through 13 2024’’ and inserting ‘‘through 2025’’. 14 SEC. 1102. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR- 15 ITY TO GRANT ALLOWANCES, BENEFITS, AND 16 GRATUITIES TO CIVILIAN PERSONNEL ON OF- 17 FICIAL DUTY IN A COMBAT ZONE. 18 Paragraph (2) of section 1603(a) of the Emergency 19 Supplemental Appropriations Act for Defense, the Global 20 War on Terror, and Hurricane Recovery, 2006 (Public 21 Law 109–234; 120 Stat. 443), as added by section 1102 22 of the Duncan Hunter National Defense Authorization 23 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 24 4616) and as most recently amended by section 1109 of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 647 •S 4638 RS the National Defense Authorization Act for Fiscal Year 1 2024 (Public Law 118–31; 137 Stat. 428), is further 2 amended by striking ‘‘2025’’ and inserting ‘‘2026’’. 3 SEC. 1103. EXTENSION OF ENHANCED APPOINTMENT AND 4 COMPENSATION AUTHORITY FOR CIVILIAN 5 HEALTH CARE PROFESSIONALS FOR CARE 6 AND TREATMENT OF WOUNDED AND IN- 7 JURED MEMBERS OF THE ARMED FORCES. 8 Section 1599c(b) of title 10, United States Code, is 9 amended, in paragraphs (1) and (2), by striking ‘‘Decem- 10 ber 31, 2025’’ each place it appears and inserting ‘‘De- 11 cember 31, 2030’’. 12 SEC. 1104. EXTENSION OF DIRECT HIRE AUTHORITY FOR 13 DOMESTIC INDUSTRIAL BASE FACILITIES 14 AND MAJOR RANGE AND TEST FACILITIES 15 BASE. 16 (a) EXTENSION.—Section 1125(a) of the National 17 Defense Authorization Act for Fiscal Year 2017 (10 18 U.S.C. 1580 note prec.; Public Law 114–328) is amended 19 by striking ‘‘through 2028’’ and inserting ‘‘through 20 2030’’. 21 (b) BRIEFING.—Section 1102(b) of the National De- 22 fense Authorization Act for Fiscal Year 2018 (Public Law 23 115–91), as amended by section 1107(b) of the National 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 648 •S 4638 RS Defense Authorization Act for Fiscal Year 2020 (Public 1 Law 116–92; 133 Stat. 1597), is further amended— 2 (1) in the matter preceding paragraph (1), by 3 striking ‘‘through 2025’’ and inserting ‘‘through 4 2030’’; and 5 (2) in paragraph (1), by striking ‘‘(as amended 6 by subsection (a))’’. 7 SEC. 1105. REMOVAL OF DIRECT SUPPORT ACTIVITIES 8 FROM PERSONNEL LIMITATION ON THE OF- 9 FICE OF THE SECRETARY OF DEFENSE. 10 Section 143(b) of title 10, United States Code, is 11 amended by striking ‘‘(including Direct Support Activities 12 of that Office and the Washington Headquarters Services 13 of the Department of Defense)’’. 14 SEC. 1106. AUTHORITY TO PROVIDE INCREASED VOL- 15 UNTARY SEPARATION INCENTIVE PAY FOR 16 CIVILIAN EMPLOYEES OF THE DEPARTMENT 17 OF DEFENSE. 18 Section 9902(f)(5)(A)(ii) of title 5, United States 19 Code, is amended by striking ‘‘$25,000’’ and inserting ‘‘an 20 amount determined by the Secretary, not to exceed 21 $40,000’’. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 649 •S 4638 RS SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN 1 FACULTY MEMBERS AT INTER-AMERICAN DE- 2 FENSE COLLEGE. 3 (a) IN GENERAL.—Subsection (c) of section 1595 of 4 title 10, United States Code, is amended by adding at the 5 end the following new paragraph: 6 ‘‘(9) The United States Element of the Inter- 7 American Defense College.’’. 8 (b) CONFORMING AMENDMENTS.—Such section is 9 further amended— 10 (1) in subsection (a), by striking ‘‘institutions’’ 11 and inserting ‘‘organizations’’; and 12 (2) in subsection (c)— 13 (A) in the subsection heading, by striking 14 ‘‘INSTITUTIONS’’ and inserting ‘‘ORGANIZA- 15 TIONS’’; and 16 (B) in the matter preceding paragraph (1), 17 by striking ‘‘institutions’’ and inserting ‘‘orga- 18 nizations’’. 19 SEC. 1108. MODIFICATIONS TO THE JOHN S. MCCAIN STRA- 20 TEGIC DEFENSE FELLOWS PROGRAM. 21 (a) NONCOMPETITIVE APPOINTMENT AND CONVER- 22 SION AUTHORITY.—Section 932(f) of the John S. McCain 23 National Defense Authorization Act for Fiscal Year 2019 24 (10 U.S.C. 1580 note prec.; Public Law 115–232) is 25 amended— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 650 •S 4638 RS (1) by redesignating paragraph (2) as para- 1 graph (4); and 2 (2) by inserting after paragraph (1) the fol- 3 lowing new paragraphs: 4 ‘‘(2) NONCOMPETITIVE APPOINTMENT OR CON- 5 VERSION.— 6 ‘‘(A) IN GENERAL.—Upon a participant’s 7 successful completion of the fellows program, 8 the Secretary may, without regard to the provi- 9 sions of subchapter I of chapter 33 of title 5, 10 United States Code, noncompetitively appoint 11 or convert the participant into a vacant com- 12 petitive or excepted service position in the De- 13 partment, if the Secretary determines that such 14 appointment or conversion will contribute to the 15 development of highly qualified future senior 16 leaders for the Department. 17 ‘‘(B) GRADE.—The Secretary may appoint 18 or convert a participant under subparagraph 19 (A) into a position at or below the level of GS– 20 13 of the General Schedule or an equivalent po- 21 sition for which the participant is qualified 22 without regard to any minimum time-in-grade 23 requirements. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 651 •S 4638 RS ‘‘(C) CONSENT.—Before converting an in- 1 dividual to the competitive service under this 2 paragraph, the Secretary shall notify and re- 3 ceive written consent from the individual of the 4 individual’s change in status. 5 ‘‘(3) APPOINTMENT OF FORMER PARTICI- 6 PANTS.—The Secretary may use the authority pro- 7 vided by paragraph (2) for a participant— 8 ‘‘(A) not later than one year after the date 9 of the participant’s successful completion of the 10 fellows program; or 11 ‘‘(B) in the case of a participant who en- 12 tered the fellows program before the date of the 13 enactment of this subparagraph, not later than 14 one year after such date of enactment.’’. 15 (b) CONFORMING AMENDMENT.—Section 932(e)(2) 16 of such Act is amended by inserting before the period at 17 the end of the last sentence the following: ‘‘and subsection 18 (f)(2)’’. 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 652 •S 4638 RS SEC. 1109. MODIFICATION OF PILOT PROGRAM ON DY- 1 NAMIC SHAPING OF THE WORKFORCE TO IM- 2 PROVE THE TECHNICAL SKILLS AND EXPER- 3 TISE AT CERTAIN DEPARTMENT OF DEFENSE 4 LABORATORIES. 5 Section 1109 of the National Defense Authorization 6 Act for Fiscal Year 2016 (10 U.S.C. 4091 note prec.; Pub- 7 lic Law 114–92) is amended— 8 (1) in subsection (b)— 9 (A) in paragraph (3)— 10 (i) by inserting ‘‘or 8414’’ before ‘‘of 11 title 5’’; and 12 (ii) by striking ‘‘or 3522’’ and insert- 13 ing ‘‘or 8414(b)(1)(B)’’; and 14 (B) in paragraph (4), in the matter pre- 15 ceding subparagraph (A), by striking ‘‘section 16 8414(b)(1)(B) of title 5, United States Code, 17 without regard to clause (iv) or (v) of such sec- 18 tion or section 3522 of such title’’ and inserting 19 ‘‘section 3522 of title 5, United States Code’’; 20 and 21 (2) in subsection (c), by striking ‘‘section 22 4121(b)’’ and inserting ‘‘subsections (a) and (b) of 23 section 4121’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 653 •S 4638 RS SEC. 1110. PERMANENT AUTHORITY FOR NONCOMPETITIVE 1 APPOINTMENTS OF MILITARY SPOUSES BY 2 FEDERAL AGENCIES. 3 (a) IN GENERAL.—Subsection (e) of section 573 of 4 the John S. McCain National Defense Authorization Act 5 for Fiscal Year 2019 (5 U.S.C. 3330d note; Public Law 6 115–232) is repealed. 7 (b) TECHNICAL AMENDMENTS.—Section 1119(a) of 8 the National Defense Authorization Act for Fiscal Year 9 2024 (Public Law 118–31; 137 Stat. 434) is amended— 10 (1) in paragraph (2)— 11 (A) by striking ‘‘(2)’’ and all that follows 12 through ‘‘the following:’’ and inserting the fol- 13 lowing: 14 ‘‘(2) in subsection (a)— 15 ‘‘(A) by redesignating paragraph (5), as 16 added by section 1112(a)(1)(C) of this Act, as 17 paragraph (6); and 18 ‘‘(B) by inserting after paragraph (4), as 19 redesignated by section 1112(a)(1)(A) of this 20 Act, the following:’’; and 21 (B) in the quoted material, by striking 22 ‘‘(4) The term’’ and inserting ‘‘(5) The term’’; 23 and 24 (2) in paragraph (3)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 654 •S 4638 RS (A) in the matter preceding subparagraph 1 (A), by inserting ‘‘, as amended by section 2 1112(a)(2) of this Act’’ after ‘‘in subsection 3 (b)’’; 4 (B) in subparagraph (A), by striking 5 ‘‘paragraph (1)’’ and inserting ‘‘paragraph 6 (2)’’; 7 (C) in subparagraph (B), by striking 8 ‘‘paragraph (2)’’ and inserting ‘‘paragraph 9 (3)’’; and 10 (D) in subparagraph (C), in the quoted 11 material, by striking ‘‘(3) a spouse’’ and insert- 12 ing ‘‘(4) a spouse’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 subsection (b) of this section shall take effect as if in- 15 cluded in the enactment of section 1119 of the National 16 Defense Authorization Act for Fiscal Year 2024 (Public 17 Law 118–31; 137 Stat. 434). 18 SEC. 1111. CONTINUITY OF COVERAGE UNDER CERTAIN 19 PROVISIONS OF TITLE 5, UNITED STATES 20 CODE. 21 (a) MILITARY LEAVE FOR FEDERAL CIVILIAN EM- 22 PLOYEES.—Section 6323 of title 5, United States Code, 23 is amended— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 655 •S 4638 RS (1) in subsection (a)(1), by striking ‘‘as a Re- 1 serve of the armed forces or member of the National 2 Guard’’ and inserting ‘‘as a Reserve of the armed 3 forces, a member of the National Guard, or a mem- 4 ber of the Space Force in space force active status 5 (as defined in section 101(e)(1) of title 10) and not 6 on sustained duty under section 20105 of title 10’’; 7 and 8 (2) in subsection (b)(1), by inserting before the 9 semicolon at the end the following: ‘‘or is a member 10 of the Space Force in space force active status (as 11 defined in section 101(e)(1) of title 10) and not on 12 sustained duty under section 20105 of title 10’’. 13 (b) CLERICAL AMENDMENTS.— 14 (1) SECTION HEADING.—The heading of such 15 section is amended to read as follows: 16 ‘‘§ 6323. Military leave: Reserves, National Guard 17 members, and certain members of the 18 Space Force’’. 19 (2) TABLE OF SECTIONS.—The item relating to 20 such section in the table of sections at the beginning 21 of chapter 63 of such title is amended to read as fol- 22 lows: 23 ‘‘6323. Military leave: Reserves, National Guard members, and certain members of the Space Force.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 656 •S 4638 RS SEC. 1112. MODIFICATION OF DIRECT HIRE AUTHORITY 1 FOR DOMESTIC DEFENSE INDUSTRIAL BASE 2 FACILITIES. 3 (a) IN GENERAL.—Section 1125(a) of the National 4 Defense Authorization Act for Fiscal Year 2017 (10 5 U.S.C. 1580 note prec.) is amended by inserting ‘‘, includ- 6 ing to Navy Supervisor of Shipbuilding, Conversion, and 7 Repair positions’’ after ‘‘Base’’. 8 (b) ANNUAL REPORT.—At the end of each fiscal 9 year, the Secretary of the Navy shall submit to the rel- 10 evant congressional committees a report that includes the 11 following elements: 12 (1) The number of Navy Supervisor of Ship- 13 building, Conversion, and Repair positions filled in 14 comparison to the previous fiscal year. 15 (2) The extent to which direct hire authority 16 has affected recruitment and retention for Navy Su- 17 pervisor of Shipbuilding, Conversion, and Repair po- 18 sitions. 19 (3) Other data and information related to the 20 hiring process for the Navy Supervisor of Ship- 21 building, Conversion, and Repair that the Secretary 22 of the Navy considers appropriate. 23 (c) RELEVANT CONGRESSIONAL COMMITTEES DE- 24 FINED.—In this section, the term ‘‘relevant congressional 25 committees’’ means— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 657 •S 4638 RS (1) the Committee on Armed Services and the 1 Committee on Homeland Security and Governmental 2 Affairs of the Senate; and 3 (2) the Committee on Armed Services and the 4 Committee on Oversight and Accountability of the 5 House of Representatives. 6 SEC. 1113. PROHIBITION ON ESTABLISHMENT OF NEW DI- 7 VERSITY, EQUITY, AND INCLUSION POSI- 8 TIONS; PROHIBITION ON FILLING VACAN- 9 CIES. 10 (a) IN GENERAL.—Beginning on January 1, 2025, 11 the Secretary of Defense may not— 12 (1) establish any new positions within the De- 13 partment of Defense with responsibility for matters 14 relating to diversity, equity, and inclusion; or 15 (2) fill any vacancies in positions within the De- 16 partment with responsibility for such matters. 17 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 18 tion may be construed to prevent the Secretary from re- 19 ducing the number of positions relating to diversity, eq- 20 uity, and inclusion or from eliminating specific positions 21 relating to diversity, equity, and inclusion. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 658 •S 4638 RS SEC. 1114. PROHIBITION ON CONSIDERING APPLICANT’S 1 COMMITMENT TO DIVERSITY, EQUITY, OR IN- 2 CLUSION IN HIRING PROCESS FOR CERTAIN 3 POSITIONS AT DEPARTMENT OF DEFENSE 4 EDUCATIONAL INSTITUTIONS. 5 (a) IN GENERAL.—The Secretary of Defense may not 6 require or consider, as part of the hiring process for a 7 covered position, any statement from an applicant that ad- 8 dresses the applicant’s commitment to diversity, equity, or 9 inclusion. 10 (b) COVERED POSITION DEFINED.—In this section, 11 the term ‘‘covered position’’ means an administratively de- 12 termined position at an educational institution of the De- 13 partment of Defense. 14 TITLE XII—MATTERS RELATING 15 TO FOREIGN NATIONS 16 Subtitle A—Assistance and 17 Training 18 SEC. 1201. ACCEPTANCE AND EXPENDITURE OF CONTRIBU- 19 TIONS FOR MULTILATERAL SECURITY CO- 20 OPERATION ACTIVITIES. 21 (a) IN GENERAL.—Subchapter I of chapter 16 of title 22 10, United States Code, is amended by adding at the end 23 the following new section: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 659 •S 4638 RS ‘‘§ 302. Acceptance and expenditure of contributions 1 for multilateral security cooperation ac- 2 tivities 3 ‘‘(a) AUTHORITY TO ACCEPT AND EXPEND CON- 4 TRIBUTIONS.—The Secretary of Defense may accept, re- 5 tain, and expend contributions, including money, personal 6 property, and services, from one or more foreign govern- 7 ments to carry out, pursuant to the authorities provided 8 in this chapter, security cooperation activities in which the 9 foreign partner (or partners, as the case may be) shares 10 a national security interest with the United States. 11 ‘‘(b) REQUIREMENTS.—Funds accepted under this 12 section may only be expended under the authorities pro- 13 vided in this chapter, and such expenditures shall comply 14 with the prohibitions and limitations and the notice, re- 15 porting, and other requirements specified in such authori- 16 ties. 17 ‘‘(c) PREVIOUSLY DENIED FUNDS.—Funds accepted 18 under this section may not be expended, in whole or in 19 part, for any purpose for which Congress has previously 20 denied funds. 21 ‘‘(d) ANNUAL REPORT.—Not later than March 1st 22 each year, the Secretary shall submit to the appropriate 23 committees of Congress a report on any funds accepted 24 or expended under this section during the preceding cal- 25 endar year, including an identification of the foreign part- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 660 •S 4638 RS ner or partners involved and a description of the purpose 1 of such funds. 2 ‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DE- 3 FINED.—In this section, the term ‘appropriate committees 4 of Congress’ means— 5 ‘‘(1) the Committee on Armed Services, the 6 Committee on Appropriations, and the Committee on 7 Foreign Relations of the Senate; and 8 ‘‘(2) the Committee on Armed Services, the 9 Committee on Appropriations, and the Committee on 10 Foreign Affairs of the House of Representatives.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 for subchapter I of chapter 16 of title 10, United States 13 Code, is amended by adding at the end the following new 14 item: 15 ‘‘302. Acceptance and expenditure of contributions for multilateral security co- operation activities.’’. SEC. 1202. MODIFICATION OF AUTHORITY TO BUILD CAPAC- 16 ITY. 17 Section 333 of title 10, United States Code, is 18 amended— 19 (1) in subsection (a), by adding at the end the 20 following new paragraphs: 21 ‘‘(10) Disaster risk reduction or response oper- 22 ations. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 661 •S 4638 RS ‘‘(11) Space domain awareness and space oper- 1 ations. 2 ‘‘(12) Foreign internal defense operations.’’; 3 and 4 (2) in subsection (g), by amending paragraph 5 (2) to read as follows: 6 ‘‘(2) AVAILABILITY OF FUNDS FOR PROGRAMS 7 ACROSS FISCAL YEARS.—Amounts available in a fis- 8 cal year to carry out the authority in subsection (a) 9 may be used for programs under that authority that 10 begin in such fiscal year and end not later than the 11 end of the third fiscal year thereafter.’’. 12 SEC. 1203. AUTHORITY TO BUILD CAPABILITY AND CAPAC- 13 ITY OF FOREIGN CIVILIAN MEDICAL SUP- 14 PORT ENTITIES FOR RESILIENCE IN CRISIS 15 AND CONFLICT. 16 (a) IN GENERAL.—Subchapter IV of chapter 16 of 17 title 10, United States Code, is amended by adding at the 18 end the following new section 336: 19 ‘‘§ 336. Foreign civilian medical support entities: au- 20 thority to build capability and capacity 21 for resilience in crisis and conflict 22 ‘‘(a) IN GENERAL.—The Secretary of Defense, with 23 the concurrence of the Secretary of State, may provide 24 medical education, non-lethal training, equipment, and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 662 •S 4638 RS supplies to, and conduct exercises with, foreign civilian 1 medical support entities of allied and partner countries for 2 the purpose of enhancing the comprehensive medical resil- 3 ience of such countries in the event of a crisis or conflict. 4 ‘‘(b) USE OF FUNDS.—Funds authorized to be ap- 5 propriated to the Department of Defense may be used for 6 payment of— 7 ‘‘(1) costs incurred by the Department of De- 8 fense to conduct activities under this section; and 9 ‘‘(2) incremental expenses of a foreign civilian 10 medical support entity to participate in activities 11 under this section.’’. 12 (b) CLERICAL AMENDMENT.—The table of sections 13 for subchapter IV of chapter 16 of title 10, United States 14 Code, is amended by adding at the end the following new 15 item: 16 ‘‘336. Foreign civilian medical support entities: authority to build capability and capacity for resilience in crisis and conflict.’’. SEC. 1204. MODIFICATION OF AUTHORITY FOR NAVAL 17 SMALL CRAFT INSTRUCTION AND TECHNICAL 18 TRAINING SCHOOL. 19 (a) IN GENERAL.—Subsection (e) of section 352 of 20 title 10, United States Code, is amended to read as fol- 21 lows: 22 ‘‘(e) COSTS.— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 663 •S 4638 RS ‘‘(1) IN GENERAL.—The fixed costs of the 1 School may be paid from amounts made available 2 for the Navy as follows: 3 ‘‘(A) The costs of operating and maintain- 4 ing the School may be paid from amounts made 5 available to the Navy for operation and mainte- 6 nance. 7 ‘‘(B) The costs of the equipment require- 8 ments of the School may be paid from amounts 9 made available to the Navy for procurement. 10 ‘‘(C) The costs of the facilities construction 11 requirements of the School may be paid from 12 amounts made available to the Navy for mili- 13 tary construction. 14 ‘‘(2) PROHIBITION ON INCLUSION OF FIXED 15 COSTS IN TUITION.—Tuition fees charged for per- 16 sonnel who attend the School shall not include any 17 amount for fixed costs of the School.’’. 18 (b) UPDATES REQUIRED.—Not later than 90 days 19 after the date of the enactment of this Act, the Secretary 20 of Defense shall update the Security Assistance Manage- 21 ment Manual (DSCA 5105.38–M) and volume 15 of the 22 Department of Defense Financial Management Regulation 23 (DoD 7000.14–R) in accordance with the amendment 24 made by this section. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 664 •S 4638 RS SEC. 1205. EXTENSION OF AUTHORITY FOR REIMBURSE- 1 MENT OF CERTAIN COALITION NATIONS FOR 2 SUPPORT PROVIDED TO UNITED STATES 3 MILITARY OPERATIONS. 4 (a) EXTENSION.—Subsection (a) of section 1233 of 5 the National Defense Authorization Act for Fiscal Year 6 2008 (Public Law 110–181; 122 Stat. 393) is amended 7 in the matter preceding paragraph (1) by striking ‘‘begin- 8 ning on October 1, 2023, and ending on December 31, 9 2024, for overseas contingency operations’’ and inserting 10 ‘‘beginning on October 1, 2024, and ending on December 11 31, 2025’’. 12 (b) MODIFICATION TO LIMITATIONS.—Subsection 13 (d)(1) of such section is amended by striking ‘‘beginning 14 on October 1, 2023, and ending on December 31, 2024, 15 may not exceed $15,000,000’’ and inserting ‘‘beginning on 16 October 1, 2024, and ending on December 31, 2025, may 17 not exceed $75,000,000’’. 18 SEC. 1206. MODIFICATION OF UNITED STATES-ISRAEL ANTI- 19 TUNNEL COOPERATION. 20 (a) AUTHORITY.—Subsection (a)(1) of section 1279 21 of the National Defense Authorization Act for Fiscal Year 22 2016 (22 U.S.C. 8606 note) is amended, in the first sen- 23 tence, by striking ‘‘detect, map, and neutralize under- 24 ground tunnels’’ and inserting ‘‘detect, map, maneuver in, 25 and neutralize underground tunnels’’. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 665 •S 4638 RS (b) ANNUAL LIMITATION ON AMOUNT.—Subsection 1 (b)(4) of such section is amended by striking 2 ‘‘$50,000,000’’ and inserting ‘‘$80,000,000’’. 3 SEC. 1207. EXTENSION AND MODIFICATION OF AUTHORITY 4 FOR DEPARTMENT OF DEFENSE SUPPORT 5 FOR STABILIZATION ACTIVITIES IN THE NA- 6 TIONAL SECURITY INTEREST OF THE UNITED 7 STATES. 8 Section 1210A of the National Defense Authorization 9 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 10 1626) is amended— 11 (1) in subsection (b)(1), by amending subpara- 12 graph (A) to read as follows: 13 ‘‘(A) in the case of a country specified in 14 paragraph (2), that are in the national security 15 interest of the United States; or’’; 16 (2) by striking subsection (d) and inserting the 17 following new subsection (d): 18 ‘‘(d) LIMITATION.—With respect to any country spec- 19 ified in subsection (b)(2), no amount of support may be 20 provided under subsection (a) until the date on which the 21 Secretary of Defense submits to the appropriate commit- 22 tees of Congress notice of the proposed support that in- 23 cludes a description of the manner in which the proposed 24 support corresponds to stabilization objectives articulated 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 666 •S 4638 RS in the relevant theater campaign plan, stabilization plan, 1 or integrated country strategy.’’; and 2 (3) in subsection (h), by striking ‘‘December 3 31, 2025’’ and inserting ‘‘December 31, 2027’’. 4 SEC. 1208. EXTENSION OF SECURITY COOPERATION PRO- 5 GRAMS WITH FOREIGN PARTNERS TO AD- 6 VANCE IMPLEMENTATION OF THE WOMEN, 7 PEACE, AND SECURITY ACT. 8 Section 1208 of the James M. Inhofe National De- 9 fense Authorization Act for Fiscal Year 2023 (Public Law 10 117–263; 136 Stat. 2831; 10 U.S.C. 301 note) is amend- 11 ed— 12 (1) in subsection (a), in the matter preceding 13 paragraph (1), by striking ‘‘2025’’ and inserting 14 ‘‘2027’’; and 15 (2) in subsection (b), by striking ‘‘2025’’ and 16 inserting ‘‘2027’’. 17 SEC. 1209. EXTENSION AND MODIFICATION OF DEFENSE 18 OPERATIONAL RESILIENCE INTERNATIONAL 19 COOPERATION PILOT PROGRAM. 20 Section 1212 of the James M. Inhofe National De- 21 fense Authorization Act for Fiscal Year 2023 (10 U.S.C. 22 311 note) is amended— 23 (1) in subsection (b), by striking ‘‘December 24 31, 2025’’ and inserting ‘‘December 31, 2030’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 667 •S 4638 RS (2) in subsection (d)— 1 (A) by striking ‘‘fiscal years 2023 through 2 2025’’ and inserting ‘‘fiscal years 2023 through 3 2030’’; and 4 (B) by striking ‘‘$10,000,000’’ and insert- 5 ing ‘‘$15,000,000’’; and 6 (3) in subsection (f), by striking ‘‘fiscal years 7 2023 through 2025’’ and inserting ‘‘fiscal years 8 2023 through 2030’’. 9 SEC. 1210. TEMPORARY AUTHORITY TO PROVIDE TRAINING 10 TO MILITARY FORCES OR NATIONAL SECU- 11 RITY FORCES OF COSTA RICA AND PANAMA. 12 In conducting training with friendly foreign countries 13 under section 321 of title 10, United States Code, notwith- 14 standing subsection (a)(2) of that section, beginning on 15 the date of the enactment of this Act and ending on De- 16 cember 31, 2030, the general purpose forces of the United 17 States Armed Forces may train with the military forces 18 or national security forces of the following countries: 19 (1) Costa Rica. 20 (2) Panama. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 668 •S 4638 RS SEC. 1211. KEY PARTNERS FOR MIDDLE EAST REGIONAL IN- 1 TEGRATION MILITARY SUBJECT MATTER EX- 2 PERT EXCHANGE PROGRAM. 3 (a) IN GENERAL.—The Secretary of Defense, using 4 existing authorities, including section 311 of title 10, 5 United States Code, as applicable, and in consultation 6 with the head of any other Federal agency, as appropriate, 7 shall design and implement a foreign military officer sub- 8 ject matter expert exchange program to be known as the 9 ‘‘Middle East Regional Integration Military Subject Mat- 10 ter Expert Exchange Program’’ (referred to in this section 11 as the ‘‘exchange program’’). 12 (b) PURPOSE.—The purpose of the exchange pro- 13 gram shall be to facilitate interaction, cultural exchange, 14 and mutual learning of members of participating militaries 15 in support of Middle East regional integration in order 16 to deepen and expand such integration. 17 (c) MEMBERSHIP.— 18 (1) COMPOSITION.—The exchange program 19 shall be composed of members of the armed forces 20 of participating militaries in support of Middle East 21 regional integration and members of the Armed 22 Forces of the United States. 23 (2) SUBJECT MATTER.— 24 (A) IN GENERAL.—The Secretary of De- 25 fense shall select exchange program participants 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 669 •S 4638 RS with a wide range of experiences collectively 1 covering the tactical, operational, and strategic 2 levels. 3 (B) PARTICIPANT PAY GRADE LEVELS.— 4 The Secretary of Defense shall include in the 5 exchange program participants at each of the 6 following military pay grades, or equivalent for- 7 eign military pay grades: 8 (i) E–7 through E–9. 9 (ii) CW–3 through CW–5. 10 (iii) O–3 through O–9. 11 (iv) Such other pay grade levels at the 12 discretion of the Secretary of Defense. 13 (C) EXPERTISE.—A participant in the ex- 14 change program shall have expertise in one or 15 more of the following subject matter areas: 16 (i) Strategic doctrine. 17 (ii) Defense planning. 18 (iii) Civilian and military relations. 19 (iv) Military law. 20 (v) Public affairs. 21 (vi) Civil affairs. 22 (vii) Military budgeting and acquisi- 23 tions. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 670 •S 4638 RS (viii) Integrated air and missile de- 1 fense. 2 (ix) Integrated maritime domain 3 awareness and interdiction. 4 (x) Cyber resilience and defense. 5 (xi) Counterterrorism. 6 (xii) Defense information sharing. 7 (xiii) Any other subject matter area 8 that the Secretary of Defense determines 9 to be appropriate. 10 (d) EXCHANGE PROGRAM CONTENT.—The exchange 11 program— 12 (1) shall include learning modalities and meth- 13 ods, as determined by the Exchange Program Coor- 14 dinator; 15 (2) may include separate agendas and experi- 16 ences for participants in order to— 17 (A) facilitate interaction on particular top- 18 ics; 19 (B) cater to participant backgrounds or 20 rank levels; or 21 (C) achieve other pedagogical ends as de- 22 termined by the Exchange Program Coordi- 23 nator; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 671 •S 4638 RS (3) may include discussion, comparison, and in- 1 formation regarding the development of— 2 (A) defense doctrine; 3 (B) exercise development; 4 (C) budget planning; 5 (D) military law and law of armed conflict; 6 (E) military cooperation with civilian agen- 7 cies; 8 (F) standard operating procedures; 9 (G) operational plans and the operational 10 art; 11 (H) gaps and opportunities for improve- 12 ment in existing procedures and plans; 13 (I) existing technical challenges; 14 (J) emerging technical challenges; 15 (K) the current and future threat environ- 16 ment; 17 (L) trust and capacity for multilateral 18 sharing of information; 19 (M) additional mechanisms and ideas for 20 integrated cooperation; 21 (N) ways to promote the meaningful par- 22 ticipation of women in matters of peace and se- 23 curity; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 672 •S 4638 RS (O) other content, as appropriate, devel- 1 oped to advance integration and tactical, oper- 2 ational, and strategic proficiency. 3 (e) MEETINGS.—Participants in the exchange pro- 4 gram shall meet in person not less frequently than quar- 5 terly. 6 (f) EXCHANGE PROGRAM COORDINATOR.— 7 (1) IN GENERAL.—The Secretary of Defense 8 shall designate an Exchange Program Coordinator, 9 who shall be assigned to a Department of Defense 10 School, to oversee the exchange program. 11 (2) DUTIES.—(2) The Exchange Program Co- 12 ordinator shall— 13 (A) design the exchange program; 14 (B) ensure that the exchange program 15 complies with the requirements of this section; 16 (C) provide to the Secretary of Defense re- 17 ports on developments, insights, and progress of 18 the exchange program; and 19 (D) notify the Secretary of Defense of any 20 failure of the exchange program to comply with 21 the in-person requirements of subsection (e). 22 (3) NOTIFICATION TO CONGRESS.—Not later 23 than 15 days after receiving a notification under 24 paragraph (2)(D), the Secretary of Defense shall 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 673 •S 4638 RS submit to the Committee on Armed Services of the 1 Senate and the Committee on Armed Services of the 2 House of Representatives a report describing— 3 (A) the reasons an in-person meeting did 4 not occur during such quarter; and 5 (B) any measures taken to ensure that an 6 in-person meeting occurs during the following 7 quarter. 8 (g) REPORT.— 9 (1) IN GENERAL.—Not later than 1 year after 10 the date of the enactment of this Act, and annually 11 thereafter for 5 years, the Secretary of Defense shall 12 submit to the Committee on Armed Services of the 13 Senate and the Committee on Armed Services of the 14 House of Representatives a report that includes— 15 (A) a summary of the activities of the ex- 16 change program during the prior year, includ- 17 ing— 18 (i) the countries participating; 19 (ii) the subject matter covered; 20 (iii) developments, insights, and 21 progress achieved through the program; 22 and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 674 •S 4638 RS (iv) any new topics added to the ex- 1 change as well as a justification for adding 2 the new topic; 3 (B) an assessment of the effectiveness of 4 the exchange program; and 5 (C) recommendations on further improve- 6 ments to the exchange program. 7 (2) FORM.—The report required by paragraph 8 (1) shall be submitted in unclassified form but may 9 include a classified annex. 10 (h) DEFINITIONS.—In this section: 11 (1) DEPARTMENT OF DEFENSE SCHOOL.—The 12 term ‘‘Department of Defense school’’ means any in- 13 stitution listed in section 1595(c) or section 2162(d) 14 of title 10, United States Code. 15 (2) PARTICIPATING MILITARIES IN SUPPORT OF 16 MIDDLE EAST REGIONAL INTEGRATION.—The term 17 ‘‘participating militaries in support of Middle East 18 regional integration’’ means military allies and part- 19 ner forces of the United States working to advance 20 regional integration in the Middle East. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 675 •S 4638 RS SEC. 1212. PLAN TO MODERNIZE AND STREAMLINE INFOR- 1 MATION TECHNOLOGY SYSTEMS RELATING 2 TO END-USE MONITORING FUNCTIONS OF DE- 3 FENSE SECURITY COOPERATION AGENCY. 4 (a) IN GENERAL.—Not later than 180 days after the 5 date of the enactment of this Act, the Director of the De- 6 fense Security Cooperation Agency shall submit to the 7 congressional defense committees a plan to modernize and 8 streamline the information technology systems and infra- 9 structure used to carry out the end-use monitoring func- 10 tions of the Defense Security Cooperation Agency. 11 (b) ELEMENTS.—The plan required by subsection (a) 12 shall include the following: 13 (1) A description of each information tech- 14 nology system used by the Defense Security Co- 15 operation Agency to carry out end-use monitoring 16 functions. 17 (2) An assessment as to whether such systems 18 are interoperable with each other and with other sys- 19 tems used by the military departments (as defined 20 in section 101(a) of title 10, United States Code) 21 and other relevant Federal agencies. 22 (3) An assessment as to whether such systems 23 are sufficiently user-friendly, including whether the 24 systems rely on manual entry to carry out critical 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 676 •S 4638 RS functions, such as populating and updating data- 1 bases. 2 (4) A description of each initiative of the De- 3 fense Security Cooperation Agency to improve its in- 4 formation technology systems related to end-use 5 monitoring, including an identification of the man- 6 ner in which each such initiative is programmed and 7 funded. 8 (5) A plan, including a timeline and milestones, 9 for the Defense Security Cooperation Agency to 10 achieve a modern and streamlined suite of informa- 11 tion technology systems to conduct its end-use moni- 12 toring functions. 13 (6) Cost estimates for procuring and operating 14 and maintaining such systems. 15 (7) Any other matter the Director considers rel- 16 evant. 17 SEC. 1213. EXTENSION OF MODIFICATION TO AUTHORITY 18 TO PROVIDE SUPPORT FOR CONDUCT OF OP- 19 ERATIONS. 20 (a) IN GENERAL.—Section 1205 of the James M. 21 Inhofe National Defense Authorization Act for Fiscal Year 22 2023 (Public Law 117–263; 136 Stat. 2830) is amend- 23 ed— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 677 •S 4638 RS (1) by striking ‘‘fiscal years 2023 and 2024’’ 1 and inserting ‘‘fiscal years 2023 through 2026’’; and 2 (2) by striking ‘‘$950,000,000’’ and inserting 3 ‘‘$750,000,000’’. 4 (b) PLAN TO PROVIDE SUPPORT FOR MULTI- 5 NATIONAL SECURITY SUPPORT MISSION IN HAITI.— 6 (1) IN GENERAL.—Not later than 90 days after 7 the date of the enactment of this Act, the Secretary 8 of Defense shall submit to the congressional defense 9 committees a plan to provide support under section 10 331 of title 10, United States Code, for the multi- 11 national security support mission in Haiti. 12 (2) ELEMENTS.—The plan required by para- 13 graph (1) shall, at a minimum, include the following: 14 (A) A list of countries participating in the 15 multinational security support mission in Haiti 16 that are eligible for Department of Defense 17 support under section 331 of title 10, United 18 States Code. 19 (B) A description of the type, cost, and du- 20 ration of support to be provided. 21 (C) A description of the United States na- 22 tional security interests supported by such mis- 23 sion. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 678 •S 4638 RS (D) A description of known contributions 1 to such mission by the international community. 2 (E) With respect to such mission, a plan 3 and associated timeline for the transition from 4 support provided by the Department of Defense 5 to support provided by other elements of the 6 United States Government and international 7 partners. 8 (c) REPORT ON SUPPORT PROVIDED IN FISCAL 9 YEARS 2023 AND 2024.— 10 (1) IN GENERAL.—Not later than 90 days after 11 the date of the enactment of this Act, the Secretary 12 shall submit to the congressional defense committees 13 a report that includes a summary of support pro- 14 vided under section 331 of title 10, United States 15 Code, during fiscal years 2023 and 2024. 16 (2) ELEMENTS.—The report required by para- 17 graph (1) shall include, at a minimum, the following: 18 (A) A description of operations so sup- 19 ported in each such fiscal year. 20 (B) A list of recipients of such support, in- 21 cluding a description of the type and associated 22 cost of such support. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 679 •S 4638 RS SEC. 1214. DEFENSE COOPERATION WITH GEORGIA. 1 Not later than 120 days after the date of the enact- 2 ment of this Act, the Secretary of Defense shall conduct 3 a review to determine whether the Department of Defense 4 should continue to support security cooperation, ship vis- 5 its, and joint military exercises with Georgia. Such review 6 shall include consideration of whether the Government of 7 Georgia is sufficiently committed to protecting the shared 8 values and advancing the common security interests upon 9 which the United Sates-Georgia bilateral defense relation- 10 ship rest. 11 SEC. 1215. EXTENSION OF AUTHORITY TO IMPLEMENT THE 12 WOMEN, PEACE, AND SECURITY ACT OF 2017. 13 Section 1210E(a) of the William M. (Mac) Thorn- 14 berry National Defense Authorization Act for Fiscal Year 15 2021 (Public Law 116–283; 10 U.S.C. 113 note) is 16 amended by striking ‘‘2025’’ and inserting ‘‘2027’’. 17 Subtitle B—Matters Relating to 18 Syria, Iraq, and Iran 19 SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY 20 TO PROVIDE ASSISTANCE TO VETTED SYRIAN 21 GROUPS AND INDIVIDUALS. 22 (a) EXTENSION.—Subsection (a) of section 1209 of 23 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 24 Defense Authorization Act for Fiscal Year 2015 (Public 25 Law 113–291; 128 Stat. 3541) is amended, in the matter 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 680 •S 4638 RS preceding paragraph (1), by striking ‘‘December 31, 1 2024’’ and inserting ‘‘December 31, 2025’’. 2 (b) NOTICE AND FORM.—Such section is further 3 amended— 4 (1) by striking subsections (b) and (c); and 5 (2) by redesignating subsections (d) through 6 (m) as subsections (b) through (k), respectively. 7 (c) LIMITATION ON COST OF CONSTRUCTION AND 8 REPAIR PROJECTS.—Subsection (j) of such section, as re- 9 designated, is amended— 10 (1) in paragraph (1)(B), by striking 11 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; and 12 (2) in paragraph (3)(E), by striking ‘‘December 13 31, 2024’’ and inserting ‘‘December 31, 2025’’. 14 SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY 15 TO PROVIDE ASSISTANCE TO COUNTER THE 16 ISLAMIC STATE OF IRAQ AND SYRIA. 17 (a) IN GENERAL.—Subsection (a) of section 1236 of 18 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 19 Defense Authorization Act for Fiscal Year 2015 (Public 20 Law 113–291; 128 Stat. 3559) is amended, in the matter 21 preceding paragraph (1)— 22 (1) by inserting ‘‘equipment and training to 23 counter threats from unmanned aerial systems,’’ be- 24 fore ‘‘and sustainment’’; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 681 •S 4638 RS (2) by striking ‘‘December 31, 2024’’ and in- 1 serting ‘‘December 31, 2025’’. 2 (b) FUNDING.—Subsection (g) of such section is 3 amended by striking ‘‘fiscal year 2024, there is authorized 4 to be appropriated $241,950,000’’ and inserting ‘‘fiscal 5 year 2025, there is authorized to be appropriated 6 $380,758,349’’. 7 (c) FOREIGN CONTRIBUTIONS.—Subsection (h) of 8 such section is amended— 9 (1) by striking ‘‘The Secretary’’ and inserting 10 the following: 11 ‘‘(1) IN GENERAL.—The Secretary’’; and 12 (2) by adding at the end the following new 13 paragraph: 14 ‘‘(2) USE OF CONTRIBUTIONS.—The dollar 15 amount limitations in subsections (a) and (m) shall 16 not apply with respect to the expenditure of foreign 17 contributions in excess of the limitations described in 18 such subsections.’’. 19 (d) WAIVER AUTHORITY.—Subsection (o) of such 20 section is amended— 21 (1) in paragraph (1), in the matter preceding 22 subparagraph (A), by striking ‘‘limitation in sub- 23 section (a)’’ and inserting ‘‘limitations in subsection 24 (a) or (m)’’; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 682 •S 4638 RS (2) in paragraph (6), by striking ‘‘December 1 31, 2024’’ and inserting ‘‘December 31, 2025’’. 2 SEC. 1223. PRESERVATION OF SECURITY AND STABILITY IN 3 NORTHEAST SYRIA. 4 The Secretary of Defense may not reduce the total 5 number of members of the United States Armed Forces 6 serving in northeast Syria to fewer than 400 such per- 7 sonnel until the date on which the Secretary certifies to 8 the congressional defense committees that— 9 (1) vetted Syrian groups and individuals 10 partnering with the United States are able to de- 11 grade and defeat threats from the Islamic State of 12 Iraq and Syria independent of any training, equip- 13 ment, or assistance provided to partner forces under 14 section 1209 of the Carl Levin and Howard P. 15 ‘‘Buck’’ McKeon National Defense Authorization 16 Act for Fiscal Year 2015 (Public Law 113–291; 128 17 Stat. 3541); and 18 (2) such groups and individuals are able to ef- 19 fectively and humanely detain members of the Is- 20 lamic State of Iraq and Syria, and significant 21 progress is being made to repatriate detained foreign 22 terrorist fighters of the Islamic State of Iraq and 23 Syria to their countries of citizenship, in accordance 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 683 •S 4638 RS with all laws and obligations related to the conduct 1 of such operations, including, as applicable— 2 (A) the law of armed conflict; 3 (B) the protection of internationally recog- 4 nized human rights; 5 (C) the principle of nonrefoulement; 6 (D) the Convention against Torture and 7 Other Cruel, Inhuman or Degrading Treatment 8 or Punishment, done at New York December 9 10, 1984; and 10 (E) the United Nations Convention Relat- 11 ing to the Status of Refugees, done at Geneva 12 July 28, 1951, as made applicable by the Pro- 13 tocol Relating to the Status of Refugees, done 14 at New York January 31, 1967 (19 UST 15 6223). 16 SEC. 1224. REPORT ON, AND PROHIBITION ON USE OF 17 FUNDS TO SUPPORT, TERRORIST ORGANIZA- 18 TIONS IN IRAQ. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of the enactment of this Act, the Director of the De- 21 fense Intelligence Agency shall submit to the congressional 22 defense committees, the Secretary of State, and the Sec- 23 retary of the Treasury a report on the Badr Organization 24 that includes the following: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 684 •S 4638 RS (1) A determination of whether other militant 1 organizations have splintered from, or developed as 2 offshoots of, the Badr Organization, Asa’ib Ahl al- 3 Haq, Kata’ib Hezbollah, or any other organization 4 designated as a foreign terrorist organization under 5 section 219 of the Immigration and Nationality Act 6 (8 U.S.C. 1189) that receives funding from the Is- 7 lamic Revolutionary Guard Corps, and a list of those 8 militant organizations. 9 (2) A description of the Badr Organization, the 10 People of the Cave, al-Mohandes’s Revenge Brigade, 11 the League of Revolutionaries, the Inheritors, and 12 the Bridge of Victors and their involvement in at- 13 tacks on United States forces, allied forces, and 14 other related entities in Iraq. 15 (3) A description of the involvement of the 16 Badr Organization, the People of the Cave, al- 17 Mohandes’s Revenge Brigade, the League of Revolu- 18 tionaries, the Inheritors, and the Bridge of Victors 19 in human rights violations. 20 (4) The connections of the Badr Organization, 21 the People of the Cave, al-Mohandes’s Revenge Bri- 22 gade, the League of Revolutionaries, the Inheritors, 23 and the Bridge of Victors, to foreign terrorist 24 groups, including an assessment of the links between 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 685 •S 4638 RS the Badr Organization and Iran’s Islamic Revolu- 1 tionary Guard Corps, Hezbollah, Asa’ib Ahl al-Haq, 2 Kata’ib Hezbollah, or any other organization des- 3 ignated as a foreign terrorist organization. 4 (b) PROHIBITION ON USE OF FUNDS.—None of the 5 funds authorized to be appropriated by this Act may be 6 obligated or expended to support the Badr Organization, 7 the People of the Cave, al-Mohandes’s Revenge Brigade, 8 the League of Revolutionaries, the Inheritors, the Bridge 9 of Victors, or any organization included in the report re- 10 quired by subsection (a). 11 SEC. 1225. NOTIFICATION RELATING TO ARMS TRAF- 12 FICKING BY IRAN. 13 (a) CONGRESSIONAL NOTIFICATION.— 14 (1) IN GENERAL.—Not later than 30 days after 15 any identified transfer of weapons, ammunition, or 16 component parts by the Islamic Republic of Iran to 17 a terrorist proxy group or state actor outside the 18 territory of Iran, the Secretary of Defense shall pro- 19 vide the congressional defense committees with the 20 notification described in paragraph (2). 21 (2) NOTIFICATION DESCRIBED.—The notifica- 22 tion described in this paragraph is a notification 23 that includes the following: 24 (A) An identification of— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 686 •S 4638 RS (i) the type and quantity of weapons, 1 ammunition, or component parts trans- 2 ferred by the Islamic Republic of Iran to 3 a terrorist proxy group or state actor out- 4 side the territory of Iran; 5 (ii) the intended destination and re- 6 cipient of such transfer; and 7 (iii) the mode of transportation of 8 such transfer. 9 (B) The status of such transfer at the time 10 of the notification. 11 (C) A description of actions taken or 12 planned to be taken by the United States 13 Armed Forces or the military forces of partner 14 countries to expose, deter, disrupt, or interdict 15 such transfer, and the authorities under which 16 such actions may be taken. 17 (b) ANNUAL REPORT.— 18 (1) IN GENERAL.—Not later than December 31 19 each year through 2028, the Secretary shall submit 20 to the congressional defense committees a com- 21 prehensive report on transfers of weapons, ammuni- 22 tion, or component parts by the Islamic Republic of 23 Iran to terrorist proxy groups or state actors outside 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 687 •S 4638 RS the territory of Iran that were carried out during the 1 calendar year in which the report is submitted. 2 (2) REPORT REQUIREMENTS.—Each report re- 3 quired by paragraph (1) shall include the following 4 for the calendar year in which the report is sub- 5 mitted: 6 (A) The total number of transfers of weap- 7 ons, ammunition, or component parts by the Is- 8 lamic Republic of Iran to a terrorist proxy 9 group or state actor outside the territory of 10 Iran. 11 (B) A description of the actions taken by 12 the United States Armed Forces or the military 13 forces of partner countries to expose, deter, dis- 14 rupt, or interdict any such transfer. 15 (C) A description of any instance in which 16 such a transfer was identified by the United 17 States Armed Forces or the military forces of 18 partner countries, but action was not taken to 19 expose, deter, disrupt, or interdict such trans- 20 fers. 21 (D) A description of any instance in which 22 such a transfer was so identified, but the 23 United States Armed Forces or the military 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 688 •S 4638 RS forces of partner countries lacked the necessary 1 authority to pursue further action. 2 (E) An identification of any country that 3 has been identified as assisting in such a trans- 4 fer. 5 (F) A description of any additional intel- 6 ligence, surveillance, and reconnaissance capa- 7 bility required to better counter such transfers. 8 (G) An assessment of any additional multi- 9 lateral coordination required to better counter 10 such transfers. 11 (3) FORM.—Each report required by paragraph 12 (1) shall be submitted in unclassified form but may 13 include a classified annex. 14 (c) WEAPONS, AMMUNITION, OR COMPONENT PARTS 15 DEFINED.—The term ‘‘weapons, ammunition, or compo- 16 nent parts’’ means— 17 (1) conventional arms, such as firearms, artil- 18 lery, and armored vehicles; 19 (2) missiles, rockets, unmanned aerial systems, 20 and other explosive ordnance; 21 (3) military aircraft; 22 (4) naval vessels and equipment related to such 23 vessels; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 689 •S 4638 RS (5) chemical, biological, radiological, and nu- 1 clear weapons and the delivery systems of such 2 weapons; and 3 (6) the component parts of any item described 4 in any of paragraphs (1) through (5). 5 (d) TERMINATION.—This section shall cease to have 6 effect on the date that is five years after the date of the 7 enactment of this Act. 8 SEC. 1226. ASSESSMENT AND PLAN WITH RESPECT TO 9 EQUIPMENT PROVIDED TO KURDISH 10 PESHMERGA FORCES. 11 (a) IN GENERAL.—Not later than 90 days after the 12 date of the enactment of this Act, and every 120 days 13 thereafter, the Secretary of Defense shall submit to the 14 congressional defense committees— 15 (1) a report that assesses whether equipment 16 provided under section 1236 of the Carl Levin and 17 Howard P. ‘‘Buck’’ McKeon National Defense Au- 18 thorization Act for Fiscal Year 2015 (Public Law 19 113–291; 128 Stat. 3558) and designated for Kurd- 20 ish Peshmerga forces is being provided in a timely 21 manner; and 22 (2) a plan for resolving any delay of such equip- 23 ment intended for Kurdish Peshmerga forces. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 690 •S 4638 RS (b) TERMINATION.—This section shall cease to have 1 effect on the date on which the Secretary notifies the con- 2 gressional defense committees that, during a period of 3 more than 540 consecutive days, no delay of such equip- 4 ment designated for Kurdish Peshmerga forces has oc- 5 curred. 6 SEC. 1227. MODIFICATION OF ANNUAL REPORT ON MILI- 7 TARY POWER OF IRAN. 8 Section 1245(b)(3) of the National Defense Author- 9 ization Act for Fiscal Year 2010 (10 U.S.C. 113 note) 10 is amended— 11 (1) in subparagraph (I), by striking ‘‘; and’’ 12 and inserting a semicolon; 13 (2) in subparagraph (J), by striking the period 14 at the end and inserting ‘‘; and’’; and 15 (3) by adding at the end the following new sub- 16 paragraph: 17 ‘‘(K) an assessment of the material, finan- 18 cial, and logistical support provided by Iran and 19 proxy groups affiliated with Iran to nonstate 20 actors in the Maghreb region and an analysis of 21 threats posed by such support to the security 22 and interests of the United States and its allies 23 in the region.’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 691 •S 4638 RS Subtitle C—Matters Relating to Eu- 1 rope and the Russian Federa- 2 tion 3 SEC. 1231. EXTENSION OF PROHIBITION ON AVAILABILITY 4 OF FUNDS RELATING TO SOVEREIGNTY OF 5 THE RUSSIAN FEDERATION OVER INTER- 6 NATIONALLY RECOGNIZED TERRITORY OF 7 UKRAINE. 8 Section 1245(a) of the James M. Inhofe National De- 9 fense Authorization Act for Fiscal Year 2023 (Public Law 10 117–236; 136 Stat. 2847) is amended by striking ‘‘or 11 2024’’ and inserting ‘‘, 2024, or 2025’’. 12 SEC. 1232. MODIFICATION OF UKRAINE SECURITY ASSIST- 13 ANCE INITIATIVE. 14 Section 1250 of the National Defense Authorization 15 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 16 1068) is amended— 17 (1) in subsection (c)— 18 (A) by redesignating paragraph (6) as 19 paragraph (5); and 20 (B) by adding at the end the following new 21 paragraphs (6) and (7): 22 ‘‘(6) AVAILABILITY OF FUNDS FOR PROGRAMS 23 ACROSS FISCAL YEARS.—Amounts available in a fis- 24 cal year to carry out the authority in subsection (a) 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 692 •S 4638 RS may be used for programs under that authority that 1 begin in such fiscal year and end not later than the 2 end of the second fiscal year thereafter. 3 ‘‘(7) AUTHORITY FOR INTERCHANGE OF SUP- 4 PLIES AND SERVICES.—The limitation in subsection 5 (b)(2) of section 2571 of title 10, United States 6 Code, shall not apply with respect to reimbursable 7 support for the purpose of providing assistance 8 under this section.’’; and 9 (2) by adding at the end the following new sub- 10 section: 11 ‘‘(k) STATEMENT OF POLICY.—It is the policy of the 12 United States— 13 ‘‘(1) to assist Ukraine in maintaining credible 14 defense and deterrence capabilities; 15 ‘‘(2) to bolster security cooperation with 16 Ukraine as a means of building a Ukrainian future 17 force that can defend Ukraine today and deter fu- 18 ture aggression; and 19 ‘‘(3) to advocate for continued security sector 20 reforms in Ukraine.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 693 •S 4638 RS SEC. 1233. EXTENSION AND MODIFICATION OF TRAINING 1 FOR EASTERN EUROPEAN NATIONAL SECU- 2 RITY FORCES IN THE COURSE OF MULTILAT- 3 ERAL EXERCISES. 4 Section 1251 of the National Defense Authorization 5 Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amend- 6 ed— 7 (1) in subsection (c)(1), by adding at the end 8 the following new subparagraph: 9 ‘‘(D) The Republic of Cyprus.’’; and 10 (2) in subsection (h), by striking ‘‘December 11 31, 2026’’ each place it appears and inserting ‘‘De- 12 cember 31, 2027’’. 13 SEC. 1234. MODIFICATIONS TO NORTH ATLANTIC TREATY 14 ORGANIZATION SPECIAL OPERATIONS HEAD- 15 QUARTERS. 16 (a) IN GENERAL.—Section 2350r of title 10, United 17 States Code, is amended— 18 (1) in the section heading, by striking ‘‘Spe- 19 cial Operations Headquarters’’ and inserting 20 ‘‘Allied Special Operations Forces Com- 21 mand’’; 22 (2) in subsection (a), by striking 23 ‘‘$50,000,000’’ and inserting ‘‘$55,000,000’’; and 24 (3) in subsection (b), in the matter preceding 25 paragraph (1), by striking ‘‘Special Operations 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 694 •S 4638 RS Headquarters’’ and inserting ‘‘Allied Special Oper- 1 ations Forces Command’’. 2 (b) REFERENCES.—Any reference to the North At- 3 lantic Treaty Organization Special Operations Head- 4 quarters or NATO Special Operations Headquarters in 5 any law, regulation, map, document, record, or other 6 paper of the United States shall be deemed to be a ref- 7 erence to the North Atlantic Treaty Organization Allied 8 Special Operations Forces Command. 9 SEC. 1235. REPORT ON EFFORTS TO IDENTIFY, DISSEMI- 10 NATE, AND IMPLEMENT LESSONS LEARNED 11 FROM WAR IN UKRAINE. 12 (a) IN GENERAL.—Not later than 90 days after the 13 date of the enactment of this Act, and every 180 days 14 thereafter until December 31, 2025, the Secretary of De- 15 fense shall submit to the Committees on Armed Services 16 of the Senate and the House of Representatives a report 17 on Department of Defense efforts to identify, disseminate, 18 and implement throughout the Department lessons 19 learned from the war in Ukraine. 20 (b) ELEMENTS.—Each report required by subsection 21 (a) shall include the following: 22 (1) A description of the processes by which the 23 Secretary of Defense, the Joint Chiefs of Staff, the 24 Secretaries of the military departments, and the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 695 •S 4638 RS heads of Department of Defense components are 1 making efforts to identify, disseminate, and imple- 2 ment throughout the Department lessons learned 3 from the war in Ukraine, including a description 4 of— 5 (A) any working group or other initiative 6 established or tasked to focus on such efforts; 7 and 8 (B) the respective structure and focus area 9 of any such group or initiative. 10 (2) A detailed summary of significant findings 11 and recommendations resulting from such lessons- 12 learned efforts. 13 (3) An identification of the Department organi- 14 zations with lead responsibility for the implementa- 15 tion of each such significant recommendation, and a 16 timeline with milestones for implementation. 17 SEC. 1236. REVIEW, REPORT, AND PLAN REGARDING LOGIS- 18 TICS NETWORKS IN NORTH AMERICA AND 19 EUROPE. 20 (a) IN GENERAL.—Not later than 90 days after the 21 date of the enactment of this Act, the Secretary of Defense 22 shall commence a review of the adequacy of the logistics 23 networks in North America and Europe for supporting the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 696 •S 4638 RS operational and contingency plans of the United States 1 European Command. 2 (b) ELEMENTS.—The review required by subsection 3 (a) shall include the following: 4 (1) An identification of critical logistical nodes 5 in North America and Europe necessary to support 6 the operational and contingency plans of the United 7 States European Command. 8 (2) An identification of additional critical 9 logistical nodes that may be necessary to support 10 such plans, including any access, basing, or over- 11 flight agreements with foreign partners that may be 12 necessary. 13 (3) An assessment of the capacity of the 14 logistical nodes identified under paragraphs (1) and 15 (2) to meet the time-phased force and deployment 16 requirements of such plans, including the facilities 17 and equipment necessary to support such require- 18 ments. 19 (c) REPORT AND PLAN REQUIRED.—Not later than 20 180 days after the date of the enactment of this Act, the 21 Secretary shall submit to the congressional defense com- 22 mittees— 23 (1) a report that summarizes the results of the 24 review conducted under subsection (a); and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 697 •S 4638 RS (2) a plan, including timelines and assigned re- 1 sponsibilities, for addressing any deficiencies in the 2 logistics networks described in that subsection. 3 SEC. 1237. SENSE OF THE SENATE ON THE NORTH ATLAN- 4 TIC TREATY ORGANIZATION. 5 It is the sense of the Senate that— 6 (1) the success of the North Atlantic Treaty 7 Organization is critical to advancing United States 8 national security objectives in Europe, the Indo-Pa- 9 cific region, and around the world; 10 (2) 2024 marks 75 years since the North Atlan- 11 tic Treaty Organization alliance was founded, and 12 the North Atlantic Treaty Organization remains the 13 strongest and most successful military alliance in the 14 world, founded on a commitment by its members to 15 uphold the principles of democracy, individual lib- 16 erty, and the rule of law; 17 (3) the United States reaffirms its ironclad 18 commitment to the North Atlantic Treaty Organiza- 19 tion as the foundation of transatlantic security and 20 to upholding its obligations under the North Atlantic 21 Treaty, including its commitment to collective de- 22 fense under Article 5 of the Treaty; 23 (4) the unprovoked and illegal full-scale inva- 24 sion of Ukraine by the Russian Federation has fun- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 698 •S 4638 RS damentally altered the security landscape in Europe 1 and necessitates the unrelenting support of the 2 transatlantic alliance for Ukraine’s self defense; 3 (5) welcoming Finland and Sweden as the 31st 4 and 32nd members of the North Atlantic Treaty Or- 5 ganization, respectively, has made the North Atlan- 6 tic Treaty Organization alliance stronger and has 7 enhanced collective security by increasing the capa- 8 bilities and stability of the North Atlantic Treaty 9 Organization alliance, particularly in the Baltic Sea 10 region and Northern Europe; 11 (6) North Atlantic Treaty Organization member 12 countries that have not yet met the two-percent de- 13 fense spending pledge, as agreed to at the 2014 14 Wales Summit, should meet the timeline as expedi- 15 tiously as possible; 16 (7) it is imperative that the United States and 17 international allies and partners continue every ef- 18 fort to identify, synchronize, and deliver needed as- 19 sistance to Ukraine as Ukraine continues the fight 20 against the illegal and unjust war of the Russian 21 Federation; 22 (8) the regional plans, agreed to by all North 23 Atlantic Treaty Organization member countries at 24 the Vilnius Summit in 2023, provide important clar- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 699 •S 4638 RS ity on the forces, capabilities, and readiness levels 1 needed to defend the North Atlantic Treaty Organi- 2 zation alliance, and allies should move expeditiously 3 to implement the plans; 4 (9) the United States and fellow North Atlantic 5 Treaty Organization allies should continue long-term 6 efforts— 7 (A) to improve interoperability among the 8 military forces of North Atlantic Treaty Orga- 9 nization allies so as to enhance collective oper- 10 ations, including the divestment of Soviet-era 11 capabilities; 12 (B) to enhance security sector cooperation 13 and explore opportunities to reinforce civil sec- 14 tor preparedness and resilience measures that 15 may be likely targets of malign influence cam- 16 paigns; 17 (C) to mitigate the impact of hybrid war- 18 fare operations, particularly those in the infor- 19 mation and cyber domains; and 20 (D) to expand joint research and develop- 21 ment initiatives with a focus on emerging tech- 22 nologies such as quantum computing, artificial 23 intelligence, and machine learning, including 24 through the work of the Defence Innovation Ac- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 700 •S 4638 RS celerator for the North Atlantic initiative (com- 1 monly known as ‘‘DIANA’’); 2 (10) the European Deterrence Initiative re- 3 mains critically important and has demonstrated its 4 unique value to the United States and North Atlan- 5 tic Treaty Organization allies during the current 6 Russian Federation-created war against Ukraine; 7 (11) the United States should continue to work 8 with allies and partners to build permanent mecha- 9 nisms to strengthen supply chains, enhance supply 10 chain security, and fill supply chain gaps; 11 (12) the United States should prioritize collabo- 12 ration with fellow North Atlantic Treaty Organiza- 13 tion allies to secure enduring and robust critical mu- 14 nitions supply chains so as to increase military read- 15 iness; 16 (13) the United States and fellow North Atlan- 17 tic Treaty Organization allies should expand co- 18 operation efforts on cybersecurity issues to prevent 19 adversaries and criminals from compromising critical 20 systems and infrastructure; 21 (14) the Baltic countries, Estonia, Latvia, and 22 Lithuania, continue to serve as model allies, includ- 23 ing through their defense investments, moderniza- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 701 •S 4638 RS tion of key capabilities, and their steadfast assist- 1 ance to Ukraine, among myriad other examples; 2 (15) the security situation in the Western Bal- 3 kans remains dynamic, and military-to-military co- 4 operation among the United States, the European 5 Union, and fellow NATO allies to maintain peace 6 and security in the Western Balkans is critically im- 7 portant; and 8 (16) the efforts of the Russian Federation to 9 assert military, political, and economic dominance in 10 the Black Sea, though unsuccessful, threaten the 11 peace and stability of the littoral countries of the 12 Black Sea and should remain a focus area for the 13 North Atlantic Treaty Organization alliance. 14 SEC. 1238. REPORT ON DEFENSE INDUSTRIAL BASE CO- 15 OPERATION WITH UKRAINE AND OTHER AL- 16 LIES AND PARTNERS IN EUROPE. 17 (a) IN GENERAL.—Not later than 90 days after the 18 date of the enactment of this Act, the Secretary of De- 19 fense, acting through the Under Secretary of Defense for 20 Policy and the Undersecretary of Defense for Acquisition 21 and Sustainment, shall submit to the congressional de- 22 fense committees a report on efforts to enhance United 23 States defense industrial base cooperation with Ukraine 24 and with other allies and partners in Europe. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 702 •S 4638 RS (b) ELEMENTS.—The report required by subsection 1 (a) shall include the following: 2 (1) A detailed list of objectives for enhancing 3 United States defense industrial base cooperation 4 with Ukraine and other allies and partners in Eu- 5 rope, and timelines and metrics for evaluating the 6 attainment of such objectives. 7 (2) An assessment of the current state of 8 United States defense industrial base cooperation 9 with Ukraine and other allies and partners in Eu- 10 rope, including the status of co-development, co-pro- 11 duction, and technical data exchange efforts. 12 (3) A description of ongoing and planned initia- 13 tives, programs, and activities designed to strength- 14 en United States defense industrial base cooperation 15 with Ukraine and other allies and partners in Eu- 16 rope. 17 (4) A description of initiatives identified by the 18 Ukraine Deal Team announced at the United 19 States-Ukraine Defense Industrial Base conference 20 on December 6, 2023. 21 (5) A description of any statutory, regulatory, 22 or policy challenges that inhibit closer United States 23 defense industrial base cooperation with Ukraine 24 and other allies and partners in Europe. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 703 •S 4638 RS (6) Recommendations relating to United States 1 defense industrial base cooperation. 2 Subtitle D—Matters Relating to the 3 Indo-Pacific Region 4 SEC. 1241. INDO-PACIFIC SECURITY ASSISTANCE INITIA- 5 TIVE. 6 (a) AUTHORITY TO PROVIDE ASSISTANCE.— 7 (1) IN GENERAL.—The Secretary of Defense, 8 using the authorities provided in chapter 16 of title 9 10, United States Code, and other applicable statu- 10 tory authorities available to the Secretary, may pro- 11 vide, for the purpose described in paragraph (2), se- 12 curity assistance to— 13 (A) the foreign military and national secu- 14 rity forces and ministries of defense (or security 15 agencies serving a similar defense function) of 16 foreign partners in the Indo-Pacific region; and 17 (B) regional organizations with security 18 missions in the Indo-Pacific region. 19 (2) PURPOSE.—The purpose described in this 20 paragraph is to enhance one or more of the fol- 21 lowing: 22 (A) The capabilities of the foreign military 23 and national security forces and ministries of 24 defense (or security agencies serving a similar 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 704 •S 4638 RS defense function) of foreign partners in the 1 Indo-Pacific region to defend against coercion 2 and aggression, including by— 3 (i) developing combat capability; 4 (ii) enhancing logistical support; and 5 (iii) enhancing the energy and instal- 6 lation resilience of military and security in- 7 stallations and logistical support facilities, 8 including airports and seaports. 9 (B) The ability of the civilian institutions 10 of such foreign partners to provide oversight 11 and ensure accountability of, or manage, such 12 forces. 13 (C) The capabilities of such forces to safe- 14 guard controlled information and advanced 15 technology. 16 (D) The ability of civilian institutions of 17 such foreign partners to provide and share in- 18 formation, support force development decisions, 19 or provide other support to such forces. 20 (b) ADDITIONAL AUTHORITY FOR USE OF UNITED 21 STATES INVENTORY AND INVENTORY FROM OTHER 22 SOURCES.— 23 (1) IN GENERAL.—The Secretary of Defense, 24 with the concurrence of the Secretary of State, may, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 705 •S 4638 RS in such quantity as the Secretary of Defense deter- 1 mines appropriate to achieve the purpose described 2 in subsection (a)(2)— 3 (A) make available to the foreign military 4 and national security forces and ministries of 5 defense (or security agencies serving a similar 6 defense function) of foreign partners in the 7 Indo-Pacific region and regional organizations 8 with security missions in the Indo-Pacific re- 9 gion defense articles and defense services, which 10 may include the recovery or disposal of such de- 11 fense articles; or 12 (B) make available to the foreign military 13 and national security forces and ministries of 14 defense (or security agencies serving a similar 15 defense function) of foreign partners, and to re- 16 gional organizations with security missions, de- 17 fense articles to replenish comparable stocks 18 that such forces or such institutions have pro- 19 vided to other foreign military or national secu- 20 rity forces or ministries of defense (or security 21 agencies serving a similar defense function) of 22 foreign partners in the Indo-Pacific region, or 23 to regional organizations with security missions 24 in the Indo-Pacific region. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 706 •S 4638 RS (2) NOTIFICATION TO CONGRESS.— 1 (A) IN GENERAL.—Except as provided in 2 subparagraph (B), not later than 15 days be- 3 fore providing defense articles or defense serv- 4 ices under paragraph (1), the Secretary of De- 5 fense shall submit to the appropriate commit- 6 tees of Congress a notice containing a descrip- 7 tion of the defense articles or defense services 8 that will be provided, including— 9 (i) the specific recipient of the defense 10 articles or defense services; 11 (ii) objectives of providing the defense 12 articles or defense services; 13 (iii) the budget for providing the de- 14 fense articles or defense services; and 15 (iv) the anticipated timeline for deliv- 16 ery of the defense articles or defense serv- 17 ices. 18 (B) EXTRAORDINARY CIRCUMSTANCES.—If 19 the Secretary of Defense determines that ex- 20 traordinary circumstances require the provision 21 of defense articles or defense services under 22 paragraph (1) before the date that is 15 days 23 after notice of the provision of such defense ar- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 707 •S 4638 RS ticles or defense services is provided under sub- 1 paragraph (A), the Secretary— 2 (i) may provide such defense articles 3 or defense services before that date; and 4 (ii) shall promptly, but not later than 5 48 hours after the provision of such de- 6 fense articles or defense services, submit to 7 the appropriate committees of Congress— 8 (I) the notice described in sub- 9 paragraph (A); and 10 (II) an explanation of the cir- 11 cumstances requiring the provision of 12 such defense articles or defense serv- 13 ices before that date. 14 (C) APPROPRIATE COMMITTEES OF CON- 15 GRESS DEFINED.—In this paragraph, the term 16 ‘‘appropriate committees of Congress’’ means— 17 (i) the Committee on Armed Services, 18 the Committee on Appropriations, and the 19 Committee on Foreign Relations of the 20 Senate; and 21 (ii) the Committee on Armed Services, 22 the Committee on Appropriations, and the 23 Committee on Foreign Affairs of the 24 House of Representatives. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 708 •S 4638 RS (c) TERMINATION.—The authority provided by this 1 section shall terminate on December 31, 2029. 2 SEC. 1242. INDO-PACIFIC MULTILATERAL SECURITY AS- 3 SISTANCE INITIATIVES. 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, with the concurrence of the Secretary of State, shall 7 seek to engage with appropriate officials from Japan, Aus- 8 tralia, and the Republic of Korea for the purpose of estab- 9 lishing multilateral security assistance initiatives with the 10 national security forces of mutual foreign partners in the 11 Indo-Pacific region. 12 (b) OBJECTIVES.—The objectives of any initiative es- 13 tablished under subsection (a) shall be— 14 (1) to build the capacity of the national security 15 forces of mutual foreign partners in the Indo-Pacific 16 region; 17 (2) to enhance interoperability among partici- 18 pating national security forces of such partners; and 19 (3) to coordinate, de-conflict, and efficiently le- 20 verage the security assistance efforts of the United 21 States, Japan, Australia, and the Republic of Korea 22 in the Indo-Pacific region. 23 (c) USE OF AUTHORITIES.—In carrying out an initia- 24 tive under subsection (a), the Secretary of Defense may 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 709 •S 4638 RS use the authorities provided in chapter 16 of title 10, 1 United States Code, and other applicable statutory au- 2 thorities available to the Secretary of Defense. 3 (d) ANNUAL REPORT.— 4 (1) IN GENERAL.—Not later than March 1, 5 2026, and annually thereafter through 2030, the 6 Secretary of Defense, in coordination with the Sec- 7 retary of State, shall submit to the appropriate com- 8 mittees of Congress a report on multilateral security 9 assistance activities carried out under any initiative 10 established under this section. 11 (2) ELEMENTS.—Each report required by para- 12 graph (1) shall include the following: 13 (A) A description of any multilateral secu- 14 rity assistance initiative established under this 15 section. 16 (B) An identification of the resources and 17 authorities used to support each such initiative. 18 (C) An identification of any changes to au- 19 thorities or resources necessary to more effec- 20 tively carry out multilateral security assistance 21 activities in the Indo-Pacific region. 22 (D) Any other matter the Secretary of De- 23 fense considers relevant. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 710 •S 4638 RS (e) APPROPRIATE COMMITTEES OF CONGRESS DE- 1 FINED.—In this section, the term ‘‘appropriate commit- 2 tees of Congress’’ means— 3 (1) the Committee on Armed Services, the 4 Committee on Appropriations, and the Committee on 5 Foreign Relations of the Senate; and 6 (2) the Committee on Armed Services, the 7 Committee on Appropriations, and the Committee on 8 Foreign Affairs of the House of Representatives. 9 SEC. 1243. EXTENSION AND MODIFICATION OF PACIFIC DE- 10 TERRENCE INITIATIVE. 11 (a) FUNDING.—Subsection (c) of section 1251 of the 12 William M. (Mac) Thornberry National Defense Author- 13 ization Act for Fiscal Year 2021 (10 U.S.C. 113 note) 14 is amended— 15 (1) by striking ‘‘the National Defense Author- 16 ization Act for Fiscal Year 2024’’ and inserting ‘‘the 17 National Defense Authorization Act for Fiscal Year 18 2025’’; and 19 (2) by striking ‘‘fiscal year 2024’’ and inserting 20 ‘‘fiscal year 2025’’. 21 (b) REPORTS AND BRIEFINGS.—Subsection (d) of 22 such section is amended— 23 (1) in paragraph (1)— 24 (A) in subparagraph (A)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 711 •S 4638 RS (i) in the matter preceding clause (i), 1 by striking ‘‘fiscal years 2025 and 2026’’ 2 and inserting ‘‘fiscal years 2026 and 3 2027’’; and 4 (ii) in clause (ii), by inserting ‘‘and 5 the Democratic People’s Republic of 6 Korea’’ before the period; and 7 (B) in subparagraph (B)— 8 (i) in clause (i)(I), by inserting ‘‘, in- 9 cluding in Japan and the Republic of 10 Korea’’ before the period; and 11 (ii) by adding at the end the following 12 new clause: 13 ‘‘(viii) An annex that includes the re- 14 quirements, assessments, and plans de- 15 scribed in clauses (ii) through (vi), specifi- 16 cally with respect to each of the following: 17 ‘‘(I) The United States Forces 18 Japan. 19 ‘‘(II) The United States Forces 20 Korea.’’; and 21 (2) in paragraph (2), by striking ‘‘fiscal years 22 2025 and 2026’’ each place it appears and inserting 23 ‘‘fiscal years 2026 and 2027’’. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 712 •S 4638 RS (c) EXTENSION OF PLAN.—Subsection (e) of such 1 section is amended, in the matter preceding paragraph 2 (1), by striking ‘‘fiscal years 2025 and 2026’’ and insert- 3 ing ‘‘fiscal years 2026 and 2027’’. 4 SEC. 1244. EXTENSION AND MODIFICATION OF AUTHORITY 5 TO TRANSFER FUNDS FOR BIEN HOA DIOXIN 6 CLEANUP. 7 Section 1253(b) of the William M. (Mac) Thornberry 8 National Defense Authorization Act for Fiscal Year 2021 9 (Public Law 116–283; 134 Stat. 3955) is amended— 10 (1) by striking ‘‘$15,000,000’’ and inserting 11 ‘‘$30,000,000’’; and 12 (2) by striking ‘‘fiscal year 2024’’ and inserting 13 ‘‘fiscal year 2025’’. 14 SEC. 1245. MODIFICATION OF INDO-PACIFIC MARITIME SE- 15 CURITY INITIATIVE. 16 Section 1263(a)(1) of the National Defense Author- 17 ization Act for Fiscal Year 2016 (10 U.S.C. 333 note) 18 is amended by striking subparagraphs (A) and (B) and 19 inserting the following new subparagraphs (A) and (B): 20 ‘‘(A) to provide assistance to— 21 ‘‘(i) the national military or other se- 22 curity forces of any such country that has 23 among its functional responsibilities a mar- 24 itime security mission; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 713 •S 4638 RS ‘‘(ii) any other governmental organiza- 1 tion of such a country that has among its 2 functional responsibilities a maritime secu- 3 rity mission, for purposes of helping to 4 achieve the maritime security cooperation 5 and maritime domain awareness objectives 6 of such country if such assistance is nec- 7 essary to enable the integration of the ac- 8 tivities of the governmental organization 9 with the national military or other security 10 forces described in clause (i); and 11 ‘‘(B) to provide training to— 12 ‘‘(i) ministry, agency, and head- 13 quarters-level organizations for such 14 forces; or 15 ‘‘(ii) other governmental organizations 16 described in paragraph (A)(ii).’’. 17 SEC. 1246. ESTABLISHMENT OF PARTNERSHIP PROGRAM 18 BETWEEN THE UNITED STATES AND TAIWAN 19 FOR MILITARY TRAUMA CARE AND RE- 20 SEARCH. 21 (a) IN GENERAL.—Not later than March 1, 2025, the 22 Secretary of Defense, in coordination with the Secretary 23 of State, shall seek to engage with appropriate officials 24 of Taiwan for the purpose of establishing a joint program 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 714 •S 4638 RS on military trauma care and research consistent with the 1 Taiwan Relations Act (22 U.S.C. 3301 et seq.). 2 (b) ELEMENTS.—At a minimum, such program shall 3 consist of the following: 4 (1) The sharing of relevant lessons learned 5 from military conflicts. 6 (2) The conduct of relevant joint conferences 7 and exchanges with military medical professionals 8 from Taiwan and the United States. 9 (3) Collaboration with the military forces of 10 Taiwan on matters relating to health policy, health 11 administration, and medical supplies and equipment, 12 including through knowledge exchanges. 13 (4) The conduct of joint research and develop- 14 ment on the health effects of new and emerging 15 weapons. 16 (5) The entrance into agreements with military 17 medical schools of Taiwan for reciprocal education 18 programs under which students at the Uniformed 19 Services University of the Health Sciences receive 20 specialized military medical instruction at military 21 medical schools of Taiwan and military medical per- 22 sonnel of Taiwan receive specialized military medical 23 instruction at the Uniformed Services University of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 715 •S 4638 RS the Health Sciences, pursuant to section 2114(f) of 1 title 10, United States Code. 2 (6) The provision of training and support to 3 Taiwan for the treatment of individuals with extrem- 4 ity trauma, amputations, post-traumatic stress dis- 5 order, traumatic brain injuries, and any other men- 6 tal health condition associated with post-traumatic 7 stress disorder or traumatic brain injuries, includ- 8 ing— 9 (A) the exchange of subject matter exper- 10 tise; and 11 (B) training and support relating to— 12 (i) advanced clinical skills develop- 13 ment; and 14 (ii) clinical case management support. 15 (7) The provision of training to the military 16 forces of Taiwan in the following areas: 17 (A) Health matters relating to chemical, 18 biological, radiological, nuclear, and explosive 19 weapons. 20 (B) Preventive medicine and infectious dis- 21 ease. 22 (C) Post-traumatic stress disorder. 23 (D) Suicide prevention. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 716 •S 4638 RS (8) The maintenance of a list of medical sup- 1 plies and equipment needed. 2 (9) Such other elements as the Secretary of De- 3 fense may determine appropriate. 4 (c) USE OF AUTHORITIES.—In carrying out the joint 5 program authorized under subsection (a), the Secretary of 6 Defense may use the authorities under chapter 16 of title 7 10, United States Code, and other applicable statutory au- 8 thorities available to the Secretary. 9 SEC. 1247. INDO-PACIFIC EXTENDED DETERRENCE EDU- 10 CATION PILOT PROGRAM. 11 (a) ESTABLISHMENT.—The Secretary of Defense, 12 using the authorities provided in chapter 16 of title 10, 13 United States Code, and other applicable statutory au- 14 thorities available to the Secretary, may establish a pilot 15 program, including an international defense personnel ex- 16 change program, to support the education of covered per- 17 sonnel in— 18 (1) matters relating to nuclear deterrence, nu- 19 clear strategy, and nuclear defense strategy; and 20 (2) any other matter the Secretary considers 21 important to strengthening extended nuclear deter- 22 rence of— 23 (A) threats to United States allies posed 24 by major-power competitors; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 717 •S 4638 RS (B) any other persistent nuclear threat 1 identified in the 2022 National Defense Strat- 2 egy published pursuant to section 113(g) of 3 title 10, United States Code. 4 (b) INSTITUTIONAL PARTNERSHIP.— 5 (1) IN GENERAL.—The Secretary may enter 6 into an agreement with an existing university-affili- 7 ated research center or an institution of higher edu- 8 cation with recognized subject matter expertise in 9 nuclear deterrence and related matters, and dem- 10 onstrated relevant experience, for the purpose of de- 11 veloping a curriculum to reinforce extended deter- 12 rence through education of covered personnel in de- 13 terrence, nuclear strategy, conventional-nuclear inte- 14 gration, command and control, and related matters. 15 (2) PREFERENCE IN SELECTION.—In selecting 16 a research center or institution described in para- 17 graph (1), the Secretary shall, to the extent prac- 18 ticable, give preference to a research center or insti- 19 tution with one or more established partnerships or 20 academic exchange programs with Australia, Japan, 21 or the Republic of Korea. 22 (c) COVERED PERSONNEL DEFINED.—In this sec- 23 tion, the term ‘‘covered personnel’’ means— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 718 •S 4638 RS (1) an employee of the Department of Foreign 1 Affairs and Trade, the Department of Defence, or 2 equivalent component of the Government of Aus- 3 tralia; 4 (2) an employee of the Ministry of Foreign Af- 5 fairs, the Ministry of Defense, or equivalent compo- 6 nent of the Government of Japan; 7 (3) an employee of the Ministry of Foreign Af- 8 fairs, the Ministry of National Defense, or equiva- 9 lent component of the Government of the Republic 10 of Korea; 11 (4) a member of the military forces of Aus- 12 tralia, Japan, or the Republic of Korea; and 13 (5) any other official of the Government of Aus- 14 tralia, the Government of Japan, or the Government 15 of the Republic of Korea the Secretary of Defense 16 considers important to the extended deterrence rela- 17 tionship with the United States. 18 SEC. 1248. MODIFICATIONS TO IMPLEMENTATION PLAN 19 FOR JOINT FORCE HEADQUARTERS IN AREA 20 OF OPERATIONS OF UNITED STATES INDO- 21 PACIFIC COMMAND. 22 Section 1087(b) of the James M. Inhofe National De- 23 fense Authorization Act for Fiscal Year 2023 (Public Law 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 719 •S 4638 RS 117–263; 136 Stat. 2802; 10 U.S.C. 161 note) is amend- 1 ed— 2 (1) in paragraph (1)— 3 (A) in the matter preceding subparagraph 4 (A), by striking ‘‘this Act’’ and inserting ‘‘the 5 National Defense Authorization Act for Fiscal 6 Year 2025’’; 7 (B) by redesignating subparagraphs (A) 8 through (D) as subparagraphs (B) through (E), 9 respectively; and 10 (C) by inserting before subparagraph (B), 11 as so redesignated, the following new subpara- 12 graph (A): 13 ‘‘(A) the establishment of subordinate 14 headquarters in Japan, Australia, and any 15 other locations the Secretary determines nec- 16 essary;’’; and 17 (2) by adding at the end the following new 18 paragraph: 19 ‘‘(3) ADDITIONAL ELEMENTS.—The plan re- 20 quired by paragraph (1) shall include the following 21 with respect to the United States Armed Forces in 22 Japan and Australia: 23 ‘‘(A) A description of the mission of the 24 United States Armed Forces in Japan and Aus- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 720 •S 4638 RS tralia as of the date on which the plan is sub- 1 mitted and any planned changes to that mis- 2 sion. 3 ‘‘(B) A plan for exercising administrative 4 control, operational control, and tactical control, 5 as appropriate, for the United States Armed 6 Forces in Japan and Australia. 7 ‘‘(C) An explanation of the current and an- 8 ticipated command relationship between— 9 ‘‘(i) the United States Armed Forces 10 in Japan and Australia; 11 ‘‘(ii) the joint force headquarters es- 12 tablished under subsection (a); and 13 ‘‘(iii) the United States Indo-Pacific 14 Command and the headquarters of its mili- 15 tary department components. 16 ‘‘(D) An explanation of the current and 17 anticipated relationship between the United 18 States Armed Forces in Japan and the Japan 19 Self-Defense Forces Joint Operations Com- 20 mand. 21 ‘‘(E) An explanation of the current and 22 anticipated relationship between the United 23 States Armed Forces in Australia and the Aus- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 721 •S 4638 RS tralian Headquarters Joint Operations Com- 1 mand. 2 ‘‘(F) An explanation of the current and 3 anticipated command relationship between the 4 United States Armed Forces in Japan and Aus- 5 tralia and other current and planned subordi- 6 nate joint headquarters of United States Indo- 7 Pacific Command located west of the inter- 8 national date line. 9 ‘‘(G) An assessment and plan for estab- 10 lishing the facilities and collateral equipment 11 necessary to support modernized command and 12 control of the United States Armed Forces in 13 Japan and Australia. 14 ‘‘(H) An assessment of, and plan for, pro- 15 viding personnel necessary to support such 16 modernized command and control, including the 17 appropriate rank of the commander of any new 18 or modernized joint command in Japan and 19 Australia. 20 ‘‘(I) An articulation of specific tasks nec- 21 essary to modernize command and control of 22 the United States Armed Forces in Japan and 23 Australia, including a timeline and organiza- 24 tional responsibility for each such task. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 722 •S 4638 RS ‘‘(J) An explanation of any other planned 1 actions to modernize the command and control 2 of the United States Armed Forces in the Indo- 3 Pacific region. 4 ‘‘(K) Such other matters as the Secretary 5 considers appropriate.’’. 6 SEC. 1249. PLAN TO STRENGTHEN UNITED STATES EX- 7 TENDED DETERRENCE COMMITMENTS TO 8 THE REPUBLIC OF KOREA. 9 (a) PLAN.—Not later than March 1, 2025, and annu- 10 ally thereafter through 2029, the Secretary of Defense, in 11 coordination with the Secretary of State, shall submit to 12 the appropriate committees of Congress a plan to 13 strengthen United States extended deterrence commit- 14 ments to the Republic of Korea. 15 (b) ELEMENTS.—Each plan required by subsection 16 (a) shall include the following: 17 (1) A description of the resources, budget, and 18 personnel needed to strengthen United States ex- 19 tended deterrence commitments to the Republic of 20 Korea, as identified in the December 16, 2023, Joint 21 Press Statement on the United States-Republic of 22 Korea Nuclear Consultative Group, including such 23 resources, budget, and personnel relating to— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 723 •S 4638 RS (A) nuclear consultation processes between 1 the United States and the Republic of Korea in 2 crises and contingencies; 3 (B) nuclear and strategic planning between 4 the United States and the Republic of Korea; 5 (C) United States-Republic of Korea con- 6 ventional and nuclear integration; 7 (D) security and information-sharing pro- 8 tocols; 9 (E) exercises, simulations, training, and 10 other investment activities; and 11 (F) risk-reduction practices. 12 (2) An identification of any challenges to up- 13 holding United States extended deterrence commit- 14 ments with respect to any activity described in sub- 15 paragraphs (A) through (F) of paragraph (1). 16 (3) Any other matter the Secretary of Defense 17 considers relevant. 18 (c) APPROPRIATE COMMITTEES OF CONGRESS.—In 19 this section, the term ‘‘appropriate committees of Con- 20 gress’’ means— 21 (1) the Committee on Armed Services, the 22 Committee on Appropriations, and the Committee on 23 Foreign Relations of the Senate; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 724 •S 4638 RS (2) the Committee on Armed Services, the 1 Committee on Appropriations, and the Committee on 2 Foreign Affairs of the House of Representatives. 3 SEC. 1250. PLAN AND ANNUAL REPORT RELATING TO TRI- 4 LATERAL SECURITY COOPERATION WITH 5 JAPAN AND THE REPUBLIC OF KOREA. 6 (a) PLAN.— 7 (1) IN GENERAL.—Not later than March 1, 8 2025, the Secretary of Defense, in coordination with 9 the Secretary of State, shall submit to the appro- 10 priate committees of Congress a plan to advance tri- 11 lateral security cooperation among the United 12 States, Japan, and the Republic of Korea. 13 (2) ELEMENTS.— The plan required by para- 14 graph (1) shall include the following: 15 (A) A description of the resources, budget, 16 and personnel necessary to advance trilateral 17 security cooperation among the United States, 18 Japan, and the Republic of Korea, including 19 with respect to activities relating to— 20 (i) trilateral communication mecha- 21 nisms, consultations, and senior leader en- 22 gagements; 23 (ii) ballistic missile defense, including 24 real-time information sharing; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 725 •S 4638 RS (iii) trilateral security cooperation ex- 1 ercises and other activities under the 2 multi-year trilateral exercise plan agreed to 3 by the United States, Japan, and the Re- 4 public of Korea in August 2023; 5 (iv) the Trilateral Maritime Security 6 Cooperation Framework established by the 7 United States, Japan, and the Republic of 8 Korea in August 2023; 9 (v) countering malicious cyber and 10 disinformation activities; and 11 (vi) disaster relief and humanitarian 12 assistance activities. 13 (B) An identification of challenges to im- 14 proving such trilateral security cooperation with 15 respect to the activities described in subpara- 16 graph (A). 17 (C) Any other matter the Secretary of De- 18 fense considers relevant. 19 (b) ANNUAL REPORT.—Not later than March 1, 20 2026 and annually thereafter through 2029, the Secretary 21 of Defense, in coordination with the Secretary of State, 22 shall submit to the appropriate committees of Congress 23 a report on trilateral security cooperation among the 24 United States, Japan, and the Republic of Korea that in- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 726 •S 4638 RS cludes, with respect to the activities described in sub- 1 section (a)(2)(A), a description of any such activities con- 2 ducted during the preceding year. 3 (c) 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. 1251. MODIFICATION OF REPORTING REQUIREMENT 13 FOR TRANSFER OF DEFENSE ARTICLES AND 14 DEFENSE SERVICES TO TAIWAN. 15 Paragraph (3) of section 1259A(b) of the National 16 Defense Authorization Act for Fiscal Year 2018 (Public 17 Law 115–91; 131 Stat. 11685; 22 U.S.C. 3302 note) is 18 amended to read as follows: 19 ‘‘(3) FORM.—Each report required under para- 20 graph (1) may be submitted in classified form.’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 727 •S 4638 RS SEC. 1252. IMPLEMENTATION PLAN TO SUPPORT ESTAB- 1 LISHMENT OF REGIONAL CONTINGENCY 2 STOCKPILE FOR TAIWAN. 3 (a) IN GENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, the Secretary of De- 5 fense, in coordination with the Secretary of State, shall 6 submit to the appropriate committees of Congress a 7 multiyear implementation plan for Department of Defense 8 activities necessary to support the establishment of a re- 9 gional contingency stockpile for Taiwan pursuant to sec- 10 tion 5503(b) of the James M. Inhofe National Defense 11 Authorization Act for Fiscal Year 2023 (Public Law 117– 12 263; 136 Stat. 3298). 13 (b) ELEMENTS.—The plan required by subsection (a) 14 shall include the following: 15 (1) An identification of potential locations for 16 the establishment of a regional contingency stockpile 17 for Taiwan. 18 (2) A description of existing or additional inter- 19 national agreements that would be required to en- 20 able the establishment of such stockpile locations. 21 (3) A list of equipment and supplies, and esti- 22 mated quantities of such equipment and supplies, re- 23 quired for such a stockpile. 24 (4) An estimated timeline for the establishment 25 of such a stockpile. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 728 •S 4638 RS (5) An identification of any additional authori- 1 ties and resources necessary for establishing such a 2 stockpile. 3 (6) Any other matter the Secretary of Defense 4 considers relevant. 5 (c) APPROPRIATE COMMITTEES OF CONGRESS.—In 6 this section, the term ‘‘appropriate committees of Con- 7 gress’’ means— 8 (1) the Committee on Armed Services, the 9 Committee on Appropriations, and the Committee on 10 Foreign Relations of the Senate; and 11 (2) the Committee on Armed Services, the 12 Committee on Appropriations, and the Committee on 13 Foreign Affairs of the House of Representatives. 14 SEC. 1253. CONSIDERATION OF TAIWAN FOR ENHANCED 15 DEFENSE INDUSTRIAL BASE COOPERATION. 16 (a) ENHANCED DEFENSE INDUSTRIAL BASE CO- 17 OPERATION.— 18 (1) IN GENERAL.—Consistent with the Taiwan 19 Relations Act (22 U.S.C. 3301 et seq.), the Sec- 20 retary of Defense, in coordination with the Secretary 21 of State and the head of any other relevant Federal 22 department or agency, shall take measures to ensure 23 that Taiwan is appropriately considered for en- 24 hanced defense industrial base cooperation activities 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 729 •S 4638 RS aligned with the United States National Defense In- 1 dustrial Strategy to expand global defense produc- 2 tion, increase supply chain security and resilience, 3 and meet the defense needs of Taiwan. 4 (2) ELEMENTS.—Consideration for enhanced 5 defense industrial base cooperation activities under 6 paragraph (1) shall include the consideration of Tai- 7 wan for the following: 8 (A) Eligibility for funding to initiate or fa- 9 cilitate cooperative research, development, test- 10 ing, or evaluation projects with the Department 11 of Defense. 12 (B) Eligibility to enter into a memo- 13 randum of understanding or other formal 14 agreement with the Department of Defense for 15 the purpose of conducting cooperative research 16 and development projects on defense equipment 17 and munitions, with a focus on enhancing the 18 defense industry and supply chain resilience of 19 Taiwan. 20 (b) FEASIBILITY STUDY.— 21 (1) IN GENERAL.—The Secretary of Defense, in 22 coordination with the Secretary of State, shall con- 23 duct a study on the feasibility and advisability of en- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 730 •S 4638 RS tering into one or more defense industrial agree- 1 ments with Taiwan. 2 (2) ELEMENTS.—The study required by para- 3 graph (1) shall— 4 (A) evaluate the strategic benefits and im- 5 plications of entering into a defense industrial 6 agreement with Taiwan, including with respect 7 to— 8 (i) long-term supply chain security 9 and resilience; 10 (ii) mutual supply of defense goods 11 and services; 12 (iii) supply of regional maintenance, 13 repair, and overhaul capabilities and any 14 other support capability the Secretary con- 15 siders appropriate; and 16 (iv) the promotion of interoperability; 17 (B) account for the legal, economic, and 18 defense policy aspects of a closer defense pro- 19 curement partnership between the United 20 States and Taiwan; 21 (C) identify defense capabilities developed 22 and produced in Taiwan that— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 731 •S 4638 RS (i) may benefit from defense indus- 1 trial agreements between the United States 2 and Taiwan; and 3 (ii) may require expedited technology 4 release and disclosure for components pro- 5 duced in the United States; and 6 (D) identify defense capabilities developed 7 in the United States with respect to which co- 8 production in Taiwan may support the resil- 9 ience of the defense industrial base of Taiwan. 10 (3) CONSULTATION.—In conducting the study 11 required by paragraph (1), the Secretary of Defense, 12 in coordination with the Secretary of State, shall 13 consult with representatives of Taiwan and industry, 14 as appropriate. 15 (4) REPORT.—Not later than 180 days after 16 the date of the enactment of this Act, the Secretary 17 of Defense shall submit to the Committees on Armed 18 Services of the Senate and the House of Representa- 19 tives a report on the results of the study conducted 20 under paragraph (1), including lists of the defense 21 capabilities identified under subparagraphs (C) and 22 (D) of paragraph (2). 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 732 •S 4638 RS SEC. 1254. TRANSREGIONAL STRATEGY FOR COUNTERING 1 MALIGN ACTIVITIES BY THE PEOPLE’S LIB- 2 ERATION ARMY. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of the enactment of this Act, the Secretary of Defense 5 shall submit to the congressional defense committees a 6 transregional strategy for exposing and, as appropriate, 7 countering malign activities by the People’s Liberation 8 Army of the People’s Republic of China. 9 (b) ELEMENTS.—The strategy required by subsection 10 (a) shall address efforts by the People’s Liberation 11 Army— 12 (1) to expand overseas military basing; 13 (2) to spread misinformation and 14 disinformation; 15 (3) to infringe on the sovereignty of United 16 States allies and partners; 17 (4) to proliferate military equipment made in or 18 by the People’s Republic of China; and 19 (5) any other matter the Secretary considers 20 relevant. 21 (c) GEOGRAPHIC COMBATANT COMMAND LEAD RE- 22 SPONSIBILITIES.—Concurrently with the submission of 23 the strategy required by subsection (a), the Secretary shall 24 designate, within each geographic combatant command 25 (other than the United States Indo-Pacific Command), 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 733 •S 4638 RS lead components for coordinating transregional efforts to 1 counter malign activities by the People’s Liberation Army. 2 SEC. 1255. ASSESSMENT OF USE OF DEPARTMENT OF DE- 3 FENSE FACILITIES IN GUAM AS MULTI- 4 NATIONAL TRAINING LOCATIONS. 5 (a) IN GENERAL.—Not later than 180 days after the 6 date of the enactment of this Act, the Secretary of Defense 7 shall submit to the congressional defense committees an 8 assessment of the feasibility and advisability of using ex- 9 isting Department of Defense facilities in Guam to host 10 training detachments of the military forces of foreign part- 11 ner countries on a permanent or rotational basis. 12 (b) ELEMENTS.—The assessment required by sub- 13 section (a) shall include the following: 14 (1) A description of the manner in which using 15 existing Department of Defense facilities in Guam to 16 host training detachments of the military forces of 17 foreign partner countries on a permanent or rota- 18 tional basis may support the objectives of the Na- 19 tional Defense Strategy. 20 (2) A description of the benefits of hosting such 21 detachments at such facilities, including opportuni- 22 ties to conduct bilateral and multilateral exercises. 23 (3) An identification of the facilities improve- 24 ments necessary to support such detachments at 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 734 •S 4638 RS such facilities on a permanent or rotational basis, in- 1 cluding improvements necessary for operational, sup- 2 port, and quality-of-life purposes. 3 (4) An identification of any memorandum of 4 understanding or other agreement necessary to en- 5 able the hosting of such detachments at such facili- 6 ties on a permanent or rotational basis. 7 (5) A description of any challenges to hosting 8 such detachments at such facilities on a permanent 9 or rotational basis, including any counterintelligence 10 or other consideration and potential actions to miti- 11 gate such challenges. 12 (6) Any other matter the Secretary considers 13 relevant. 14 SEC. 1256. REPORT ON COSTS OF MEETING CERTAIN RE- 15 QUIREMENTS OF FOREIGN PARTNERS RELAT- 16 ING TO AGRICULTURE, FISHERIES, AND FOR- 17 ESTRY. 18 (a) REPORT.—Not later than 180 days after the date 19 of the enactment of this Act, the Secretary of Defense 20 shall submit to the congressional defense committees a re- 21 port on requirements relating to agriculture, fisheries, and 22 forestry imposed by the government of a foreign partner 23 on personnel and equipment of the United States Armed 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 735 •S 4638 RS Forces in the area of operations of the United States Indo- 1 Pacific Command. 2 (b) ELEMENTS.—The report required by subsection 3 (a) shall include the following: 4 (1) A description of each requirement relating 5 to agriculture, fisheries, or forestry imposed by the 6 government of a foreign partner on personnel and 7 equipment of the United States Armed Forces in the 8 area of operations of the United States Indo-Pacific 9 Command, including an identification of the applica- 10 ble foreign partner. 11 (2) An estimate of the annual cost to the De- 12 partment of Defense associated with meeting such 13 requirements, including the number of days of labor 14 by Department of Defense officials associated with 15 meeting such requirement. 16 (3) A description of efforts to mitigate such 17 costs, including through consultations with applica- 18 ble foreign partners. 19 (4) Any other matter the Secretary considers 20 relevant. 21 (c) FORM.—The report required by subsection (a) 22 shall be submitted in unclassified form but may include 23 a classified annex. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 736 •S 4638 RS SEC. 1257. RETURNING CIVIC ACTION TEAMS TO THE RE- 1 PUBLIC OF THE MARSHALL ISLANDS AND 2 THE FEDERATED STATES OF MICRONESIA. 3 (a) REPORT.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of the enactment of this Act, the Sec- 6 retary of Defense, in coordination with the Secretary 7 of State, shall submit to the appropriate committees 8 of Congress a report on— 9 (A) the activities of civic action teams in 10 the Republic of Palau under the Palau Compact 11 of Free Association Act (Public Law 99–658; 12 100 Stat. 3672); and 13 (B) the feasibility and advisability of re- 14 storing the presence of civic action teams in the 15 Republic of the Marshall Islands and the Fed- 16 erated States of Micronesia, as authorized 17 under the Compact of Free Association Act of 18 1985 (Public Law 99–239; 99 Stat. 239) and 19 the Compact of Free Association Amendments 20 Act of 2003 (Public Law 108–188; 117 Stat. 21 2720). 22 (2) ELEMENTS.—The report required by para- 23 graph (1) shall include the following: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 737 •S 4638 RS (A) A description of existing operations 1 conducted by civic action teams in the Republic 2 of Palau. 3 (B) A description of the manner in which 4 such operations— 5 (i) improve the quality of life of resi- 6 dents of the Republic of Palau; and 7 (ii) advance the national security in- 8 terests of the United States. 9 (C) An analysis of the manner in which 10 the similar operations conducted by civic action 11 teams in the Republic of the Marshall Islands 12 and the Federated States of Micronesia could— 13 (i) improve the quality of life for resi- 14 dents of the Republic of the Marshall Is- 15 lands and the Federated States of Micro- 16 nesia; and 17 (ii) advance the national security in- 18 terests of the United States. 19 (D) An assessment of the resources, per- 20 sonnel, and authorities necessary for restoring 21 the presence of civic action teams in the Repub- 22 lic of the Marshall Islands and the Federated 23 States of Micronesia. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 738 •S 4638 RS (E) A timeline for restoring the presence 1 of civic action teams in the Republic of the 2 Marshall Islands and the Federated States of 3 Micronesia, as the Secretary of Defense con- 4 siders feasible and advisable. 5 (F) A description of any factor that may 6 delay or prevent the restoration of such pres- 7 ence, including— 8 (i) any challenge to finding a suitable 9 location to house the civic action team that 10 may also— 11 (I) serve as a workplace; and 12 (II) store large construction 13 equipment; and 14 (ii) any other factor the Secretary of 15 Defense considers appropriate. 16 (G) The estimated cost of implementing 17 the plan. 18 (b) AUTHORIZATION.—The Secretary shall build on 19 the historic and close relationship between the United 20 States and the Freely Associated States by examining op- 21 portunities to expand defense cooperation with the Freely 22 Associated States, including by studying the feasibility 23 and advisability of directing Department of Defense re- 24 sources and personnel to provide to the Republic of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 739 •S 4638 RS Marshall Islands and the Federated States of Micronesia 1 construction support, infrastructure maintenance, and 2 training in construction skills. 3 (c) DEFINITIONS.—In this section: 4 (1) APPROPRIATE COMMITTEES OF CON- 5 GRESS.—The term ‘‘appropriate committees of Con- 6 gress’’ means— 7 (A) the Committee on Armed Services and 8 the Committee on Foreign Relations of the Sen- 9 ate; and 10 (B) the Committee on Armed Services and 11 the Committee on Foreign Affairs of the House 12 of Representatives. 13 (2) CIVIC ACTION TEAM.—The term ‘‘civic ac- 14 tion team’’— 15 (A) means a designated force or unit of an 16 active or reserve component of the United 17 States Armed Forces that is organized, trained, 18 and equipped to conduct civil-military oper- 19 ations in support of military objectives relating 20 to the maintenance of stability within a host 21 country; and 22 (B) includes any such force or unit that 23 specializes in economic stability, infrastructure, 24 public education, and public health. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 740 •S 4638 RS (3) FREELY ASSOCIATED STATES.—The term 1 ‘‘Freely Associated States’’ means the following: 2 (A) The Republic of Palau. 3 (B) The Republic of the Marshall Islands. 4 (C) The Federated States of Micronesia. 5 SEC. 1258. MODIFICATION OF PUBLIC REPORTING OF CHI- 6 NESE MILITARY COMPANIES OPERATING IN 7 THE UNITED STATES. 8 Section 1260H of the William M. (Mac) Thornberry 9 National Defense Authorization Act for Fiscal Year 2021 10 (Public Law 116–283; 134 Stat. 3965; 10 U.S.C. 113 11 note) is amended— 12 (1) in subsection (b)— 13 (A) in paragraph (2)— 14 (i) by striking ‘‘Concurrent with’’ and 15 inserting the following: 16 ‘‘(A) IN GENERAL.—Concurrent with’’; and 17 (ii) by adding at the end the fol- 18 lowing: 19 ‘‘(B) INCLUSION.—The publication re- 20 quired by subparagraph (A) shall include, for 21 each entity included in the unclassified portion 22 of such list, the justification for inclusion in 23 such list.’’; and 24 (B) in paragraph (3)— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 741 •S 4638 RS (i) in the paragraph heading, by strik- 1 ing ‘‘ONGOING’’ and inserting ‘‘ANNUAL’’; 2 and 3 (ii) by striking ‘‘on an ongoing basis’’ 4 and inserting ‘‘not less frequently than an- 5 nually’’; 6 (2) in subsection (d)— 7 (A) in paragraph (1)— 8 (i) in subparagraph (A), by striking 9 ‘‘and’’; 10 (ii) in subparagraph (B)(ii), by strik- 11 ing the period at the end and inserting ‘‘; 12 and’’; and 13 (iii) by adding at the end the fol- 14 lowing new subparagraph: 15 ‘‘(C) includes a wholly-owned or wholly- 16 controlled subsidiary or affiliate of such an enti- 17 ty.’’; 18 (B) in paragraph (2)— 19 (i) by amending subparagraphs (A) 20 and (B) to read as follows: 21 ‘‘(A) Entities knowingly receiving assist- 22 ance from the Government of China or the Chi- 23 nese Communist Party through science, tech- 24 nology, research, and industrial efforts initi- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 742 •S 4638 RS ated, granted, or created by, or provided under, 1 or related to, the Chinese military industrial 2 planning apparatus, or in furtherance of Chi- 3 nese military industrial planning objectives, in- 4 cluding— 5 ‘‘(i) any award, honor, incentive, or 6 recognition (including selection or designa- 7 tion as a ‘Single Champion’, ‘Little Giant’, 8 or any other selection or designation) as an 9 enterprise associated with industrial plan- 10 ning or military-civil fusion efforts; 11 ‘‘(ii) participation in a research, 12 science, or technology conference, event, 13 partnership, or project; or 14 ‘‘(iii) funding or other financial assist- 15 ance related to a science, technology, re- 16 search, military, or industrial effort. 17 ‘‘(B) Entities managed, overseen, or super- 18 vised by, otherwise under the control of, or af- 19 filiated with (including by means of participa- 20 tion in research partnerships and projects)— 21 ‘‘(i) the Chinese Ministry of Industry 22 and Information Technology (MIIT); 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 743 •S 4638 RS ‘‘(ii) the State-Owned Assets Super- 1 vision and Administration Commission of 2 the State Council (SASAC); 3 ‘‘(iii) the State Administration of 4 Science, Technology and Industry for Na- 5 tional Defense (SASTIND) or any univer- 6 sity, laboratory, or institute supported by 7 or associated with SASTIND; 8 ‘‘(iv) the Ministry of State Security 9 (MSS); or 10 ‘‘(v) the People’s Liberation Army.’’; 11 (ii) in subparagraph (F), by striking 12 ‘‘such as’’ and inserting ‘‘including’’; 13 (iii) by redesignating subparagraph 14 (H) as subparagraph (J); and 15 (iv) by inserting after subparagraph 16 (G) the following new subparagraphs (H) 17 and (I): 18 ‘‘(H) Entities participating in conferences, 19 events, or research activities hosted or spon- 20 sored by the People’s Liberation Army. 21 ‘‘(I) Any entity that directly or indirectly 22 produces, researches, or provides a component 23 that is integrated into a weapons system or 24 platform of the People’s Liberation Army.’’; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 744 •S 4638 RS (C) in paragraph (3)— 1 (i) by inserting ‘‘or intelligence’’ after 2 ‘‘security’’; and 3 (ii) by inserting ‘‘, including other 4 Chinese military and paramilitary ele- 5 ments, security forces, police, law enforce- 6 ment, border control, and the Ministry of 7 State Security’’ before the period at the 8 end; 9 (D) by redesignating paragraph (3) as 10 paragraph (4); and 11 (E) by inserting after paragraph (2) the 12 following new paragraph (3): 13 ‘‘(3) OPERATING DIRECTLY OR INDIRECTLY IN 14 THE UNITED STATES OR ANY OF ITS TERRITORIES 15 AND POSSESSIONS.—With respect to an entity, the 16 term ‘operating directly or indirectly in the United 17 States or any of its territories and possessions’ in- 18 cludes an entity selling goods in, or receiving goods 19 or services from, the United States or any of its ter- 20 ritories or possessions, regardless of whether the en- 21 tity has a physical presence in the United States.’’; 22 (3) by redesignating subsection (d) as sub- 23 section (g); and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 745 •S 4638 RS (4) by inserting after subsection (c) the fol- 1 lowing new subsections: 2 ‘‘(d) DEFENSE INDUSTRIAL BASE REPORT.— 3 ‘‘(1) IN GENERAL.—Not later than December 4 31, 2026, and biennially thereafter through Decem- 5 ber 31, 2031, the Secretary shall submit to the 6 Committees on Armed Services of the Senate and 7 the House of Representatives a report on the status 8 of Department of Defense procurement restrictions 9 on entities included in the list described in sub- 10 section (b)(1). 11 ‘‘(2) ELEMENTS.—Each report required by 12 paragraph (1) shall include the following: 13 ‘‘(A) A list of each entity included in the 14 list described in subsection (b)(1) that is likely 15 present in the United States defense industrial 16 base. 17 ‘‘(B) Available unclassified data on any 18 such entity and its presence within the United 19 States defense industrial base. 20 ‘‘(C) A description of any update to poli- 21 cies or procedures implemented to enforce pro- 22 curement restrictions on entities included in the 23 list described in subsection (b)(1). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 746 •S 4638 RS ‘‘(e) RULES, REGULATIONS, AND IMPLEMENTA- 1 TION.—The Secretary shall promulgate such reasonable 2 rules, procedures, and regulations as are necessary to im- 3 plement this section, including for advance notice, appeal, 4 or deletion of any entity from the list described in sub- 5 section (b)(1). 6 ‘‘(f) ESTABLISHMENT OF OFFICE.—The Secretary is 7 authorized to establish or nominate, within the office of 8 Industrial Base Policy of the Office of the Under Sec- 9 retary of Defense for Acquisition and Sustainment, an of- 10 fice to implement this section and identify civil-military 11 fusion contributors within the People’s Republic of 12 China.’’. 13 SEC. 1259. ANNUAL REPORT ON MILITARY CAPABILITIES 14 OF ALLIES AND PARTNERS IN INDO-PACIFIC 15 REGION. 16 (a) IN GENERAL.—Not later than March 1, 2025, 17 and annually thereafter through 2029, the Secretary of 18 Defense shall submit to the Committees on Armed Serv- 19 ices of the Senate and the House of Representatives a re- 20 port on the military capabilities of allies and partners of 21 the United States in the Indo-Pacific region, including 22 treaty allies of the United States, countries that host a 23 significant United States military presence, and any other 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 747 •S 4638 RS foreign partner with which the United States maintains 1 a significant security cooperation relationship. 2 (b) ELEMENTS.—Each report required by subsection 3 (a) shall include, for each ally or partner of the United 4 States in the Indo-Pacific region, the following: 5 (1) A description of the size, location, capabili- 6 ties, and readiness of the land, sea, and air forces 7 of the ally or partner. 8 (2) A description of significant military mod- 9 ernization objectives and activities of the ally or 10 partner. 11 (3) An assessment of the military spending of 12 the ally or partner. 13 (4) A summary of developments in the military 14 doctrine and training approaches of the ally or part- 15 ner. 16 (5) An identification of current and potential 17 future military cooperation activities and military ex- 18 ercises conducted between the military forces of the 19 ally or partner and the United States Armed Forces. 20 (6) A description of the current and potential 21 future access-related agreements between the ally or 22 partner and the United States Armed Forces. 23 (7) An assessment of— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 748 •S 4638 RS (A) the contributions of the ally or partner 1 to the achievement of mutual security objec- 2 tives; and 3 (B) the ability of the ally or partner to 4 participate in bilateral or multilateral oper- 5 ations with the United States Armed Forces. 6 (8) An assessment of the capacity of the civilian 7 infrastructure of the ally or partner to enable mili- 8 tary operations in wartime. 9 (9) A description of any other military or secu- 10 rity development relating to the military capabilities 11 of the ally or partner the Secretary of Defense con- 12 siders relevant to United States national security. 13 (c) FORM.—Each report required by subsection (a) 14 shall be submitted in unclassified form but may include 15 a classified annex. 16 SEC. 1260. REVIEW, REPORT, AND PLAN ON ADEQUACY OF 17 LOGISTICS NETWORK IN INDO-PACIFIC RE- 18 GION. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of the enactment of this Act, the Secretary of Defense 21 shall commence a review of the adequacy of the logistics 22 network in the Indo-Pacific region for supporting the oper- 23 ational and contingency plans of the United States Indo- 24 Pacific Command. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 749 •S 4638 RS (b) ELEMENTS.—The review required by subsection 1 (a) shall include the following: 2 (1) An identification of critical logistical nodes 3 in the Indo-Pacific region necessary to support the 4 operational and contingency plans of the United 5 States Indo-Pacific Command. 6 (2) An identification of additional critical 7 logistical nodes that may be necessary to support 8 such plans, including any access, basing, and over- 9 flight agreements with foreign partners that may be 10 necessary. 11 (3) An assessment of the capacity of the 12 logistical nodes identified under paragraphs (1) and 13 (2) to meet the time-phased force and deployment 14 requirements of such plans, including the facilities, 15 equipment, infrastructure other than Department of 16 Defense infrastructure (including airports, seaports, 17 railways, and roads), and workforce necessary to 18 support such requirements. 19 (c) REPORT AND PLAN REQUIRED.—Not later than 20 180 days after the date of the enactment of this Act, the 21 Secretary shall submit to the congressional defense com- 22 mittees— 23 (1) a report on the results of the review con- 24 ducted under subsection (a); and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 750 •S 4638 RS (2) a plan, including timelines and assigned re- 1 sponsibilities, for addressing any deficiencies in the 2 logistics network described in that subsection. 3 SEC. 1261. FIELDING OF A COMMON OPERATING PICTURE 4 WITH TAIWAN. 5 (a) IN GENERAL.—Consistent with the Taiwan Rela- 6 tions Act (22 U.S.C. 3301 et seq.) and not later than 180 7 days after the date of enactment of this Act, the Secretary 8 of Defense shall seek to engage with appropriate officials 9 of Taiwan for the purpose of fielding capabilities to pro- 10 vide the military forces of Taiwan and the United States 11 Indo-Pacific Command a common operating picture. 12 (b) AUTHORITIES.—The Secretary may utilize the 13 authorities provided in chapter 16 of title 10, United 14 States Code, and any other applicable statutory authority 15 available to the Secretary for accomplishing the purposes 16 specified in subsection (a). 17 SEC. 1262. REPORT ON CORRUPTION IN PEOPLE’S LIBERA- 18 TION ARMY. 19 (a) IN GENERAL.—Not later than June 1, 2025, the 20 Secretary of Defense shall submit to the appropriate com- 21 mittees of Congress a report on corruption in the People’s 22 Liberation Army, which shall, at a minimum, include the 23 following: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 751 •S 4638 RS (1) An assessment of the impact of corruption 1 on the following: 2 (A) Personnel assignment. 3 (B) Training. 4 (C) Acquisition and procurement. 5 (D) Military operations. 6 (E) Budget. 7 (F) Military readiness. 8 (G) Logistics. 9 (H) Military construction. 10 (2) An assessment of the extent to which mem- 11 bers of the Central Military Commission of the Chi- 12 nese Communist Party and members of their fami- 13 lies engage in corruption as described in paragraph 14 (1). 15 (b) FORM.—The report required by subsection (a) 16 shall be submitted in unclassified form but may include 17 a classified annex if necessary. 18 (c) APPROPRIATE COMMITTEES OF CONGRESS DE- 19 FINED.—In this section, the term ‘‘appropriate commit- 20 tees of Congress’’ means— 21 (1) the Committee on Armed Services and the 22 Select Committee on Intelligence of the Senate; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 752 •S 4638 RS (2) the Committee on Armed Services and the 1 Permanent Select Committee on Intelligence of the 2 House of Representatives. 3 SEC. 1263. SENSE OF THE SENATE ON DEFENSE ALLIANCES 4 AND PARTNERSHIPS IN THE INDO-PACIFIC 5 REGION. 6 It is the sense of the Senate that the Secretary of 7 Defense should continue efforts that strengthen United 8 States defense alliances and partnerships in the Indo-Pa- 9 cific region so as to further the comparative advantage of 10 the United States in strategic competition with the Peo- 11 ple’s Republic of China, including by— 12 (1) enhancing cooperation with Japan, con- 13 sistent with the Treaty of Mutual Cooperation and 14 Security Between the United States of America and 15 Japan, signed at Washington, January 19, 1960, in- 16 cluding by developing advanced military capabilities, 17 upgrading command and control relationships, fos- 18 tering interoperability across all domains, and im- 19 proving sharing of information and intelligence; 20 (2) reinforcing the United States alliance with 21 the Republic of Korea, including by maintaining the 22 presence of approximately 28,500 members of the 23 United States Armed Forces deployed to the Repub- 24 lic of Korea and affirming the United States ex- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 753 •S 4638 RS tended deterrence commitment using the full range 1 of United States defense capabilities, consistent with 2 the Mutual Defense Treaty Between the United 3 States and the Republic of Korea, signed at Wash- 4 ington, October 1, 1953, in support of the shared 5 objective of a peaceful and stable Korean Peninsula; 6 (3) fostering bilateral and multilateral coopera- 7 tion with Australia, consistent with the Security 8 Treaty Between Australia, New Zealand, and the 9 United States of America, signed at San Francisco, 10 September, 1951, and through the partnership 11 among Australia, the United Kingdom, and United 12 States (commonly known as ‘‘AUKUS’’)— 13 (A) to advance shared security objectives; 14 (B) to accelerate the fielding of advanced 15 military capabilities; and 16 (C) to build the capacity of emerging part- 17 ners; 18 (4) advancing United States alliances with the 19 Philippines and Thailand and United States partner- 20 ships with other partners in the Association of 21 Southeast Asian Nations to enhance maritime do- 22 main awareness, promote sovereignty and territorial 23 integrity, leverage technology and promote innova- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 754 •S 4638 RS tion, and support an open, inclusive, and rules-based 1 regional architecture; 2 (5) broadening United States engagement with 3 India, including through the Quadrilateral Security 4 Dialogue— 5 (A) to advance the shared objective of a 6 free and open Indo-Pacific region through bilat- 7 eral and multilateral engagements and partici- 8 pation in military exercises, expanded defense 9 trade, and collaboration on humanitarian aid 10 and disaster response; and 11 (B) to enable greater cooperation on mari- 12 time security; 13 (6) strengthening the United States partnership 14 with Taiwan, consistent with the Three Commu- 15 niques, the Taiwan Relations Act (Public Law 96– 16 8; 22 U.S.C. 3301 et seq.), and the Six Assurances, 17 with the goal of improving Taiwan’s defensive capa- 18 bilities and promoting peaceful cross-strait relations; 19 (7) reinforcing the status of the Republic of 20 Singapore as a Major Security Cooperation Partner 21 of the United States and continuing to strengthen 22 defense and security cooperation between the mili- 23 tary forces of the Republic of Singapore and the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 755 •S 4638 RS United States Armed Forces, including through par- 1 ticipation in combined exercises and training; 2 (8) engaging with the Federated States of Mi- 3 cronesia, the Republic of the Marshall Islands, the 4 Republic of Palau, and other Pacific island coun- 5 tries, with the goal of strengthening regional secu- 6 rity and addressing issues of mutual concern, includ- 7 ing protecting fisheries from illegal, unreported, and 8 unregulated fishing; 9 (9) collaborating with Canada, the United 10 Kingdom, France, and other members of the Euro- 11 pean Union and the North Atlantic Treaty Organi- 12 zation to build connectivity and advance a shared vi- 13 sion for the region that is principled, long-term, and 14 anchored in democratic resilience; and 15 (10) investing in enhanced military posture and 16 capabilities in the area of responsibility of the 17 United States Indo-Pacific Command and strength- 18 ening cooperation in bilateral relationships, multilat- 19 eral partnerships, and other international fora to up- 20 hold global security and shared principles, with the 21 goal of ensuring the maintenance of a free and open 22 Indo-Pacific region. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 756 •S 4638 RS SEC. 1264. MODIFICATION OF COOPERATIVE PROGRAM 1 WITH VIETNAM TO ACCOUNT FOR VIET- 2 NAMESE PERSONNEL MISSING IN ACTION. 3 (a) IN GENERAL.—Section 1245 of the National De- 4 fense Authorization Act for Fiscal Year 2022 (Public Law 5 117–81; 135 Stat. 1986; 10 U.S.C. 113 note) is amend- 6 ed— 7 (1) by striking the section heading and insert- 8 ing ‘‘VIETNAM WARTIME ACCOUNTING INITIA- 9 TIVE’’; 10 (2) in subsection (a), by striking ‘‘Vietnamese 11 personnel missing in action’’ and inserting ‘‘killed or 12 missing Vietnamese persons from the Vietnam War 13 (referred to in this section as ‘missing persons from 14 the Vietnam War’)’’; 15 (3) in subsection (b)— 16 (A) in paragraph (1), by inserting 17 ‘‘verification,’’ after ‘‘digitization,’’; 18 (B) in paragraph (2), by striking ‘‘conduct 19 archival research, investigations, and exca- 20 vations’’ and inserting ‘‘manage archival infor- 21 mation and personal data’’; and 22 (C) by amending paragraphs (3) and (4) 23 to read as follows: 24 ‘‘(3) Supporting activities to build the capacity 25 of Vietnam for locating, recovering, and conducting 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 757 •S 4638 RS DNA analysis and identification of, missing persons 1 from the Vietnam War. 2 ‘‘(4) Increasing exchanges, training, and dia- 3 logue among veterans and families of missing per- 4 sons form the Vietnam War.’’; 5 (4) by redesignating subsection (c) as sub- 6 section (d); 7 (5) by inserting after subsection (b) the fol- 8 lowing new subsection (c): 9 ‘‘(c) DESIGNATION OF LEAD COORDINATING OF- 10 FICE.—The Secretary shall designate an office within the 11 Department of Defense to serve as the lead coordinating 12 office for the program carried out under this section.’’; 13 and 14 (6) in subsection (d), as redesignated, by strik- 15 ing ‘‘October 1, 2026’’ and inserting ‘‘October 1, 16 2031’’. 17 (b) CLERICAL AMENDMENTS.— 18 (1) The table of contents at the beginning of 19 the National Defense Authorization Act for Fiscal 20 Year 2022 (Public Law 117–81; 135 Stat. 1541) is 21 amended by striking the item relating to section 22 1245 and inserting the following: 23 ‘‘Sec. 1245. Vietnam Wartime Accounting Initiative.’’. (2) The table of contents at the beginning of 24 title XII of the National Defense Authorization Act 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 758 •S 4638 RS for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1 1956) is amended by striking the item relating to 2 section 1245 and inserting the following: 3 ‘‘Sec. 1245. Vietnam Wartime Accounting Initiative.’’. SEC. 1265. PROHIBITION ON USE OF FUNDS FOR 4 ECOHEALTH ALLIANCE. 5 None of the funds authorized to be appropriated by 6 this Act may be made available, directly or indirectly, to— 7 (1) EcoHealth Alliance, Inc.; or 8 (2) any subsidiary of EcoHealth Alliance, Inc. 9 Subtitle E—Reports 10 SEC. 1271. REPORT ON COOPERATION BETWEEN THE RUS- 11 SIAN FEDERATION AND THE PEOPLE’S RE- 12 PUBLIC OF CHINA. 13 (a) REPORT REQUIRED.—Not later than 180 days 14 after the date of the enactment of this Act, the Secretary 15 of Defense shall submit to the congressional defense com- 16 mittees a report assessing the military cooperation be- 17 tween the People’s Republic of China and the Russian 18 Federation. 19 (b) ELEMENTS.—The report required under sub- 20 section (a) shall include— 21 (1) a description of the nature of the relation- 22 ship between the Russian Federation and the Peo- 23 ple’s Republic of China; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 759 •S 4638 RS (2) a review of the military cooperation between 1 Russia and China that occurred over the last year, 2 including military drills, exercises, technical coopera- 3 tion, weapons sales, and military-to-military dia- 4 logues; 5 (3) a list of any planned exercises between the 6 Russian Federation and the People’s Republic of 7 China; 8 (4) a review of any cooperation between the two 9 countries on nuclear weapons that occurred over the 10 last year; 11 (5) a description of technology sharing between 12 the Russian Federation and the People’s Republic of 13 China, including— 14 (A) a description of the missile technology 15 shared between Chinese companies and Russian 16 companies, to include any sale, exploitation, co- 17 development, proliferation, future missile devel- 18 opment, or joint employment of any type of 19 missile, including air-to-air, surface-to-air, air- 20 to-surface, surface-to-surface, cruise, ballistic, 21 and hypersonic missiles; 22 (B) a description of stealth or counter- 23 stealth technology development between the 24 Russian Federation and the People’s Republic 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 760 •S 4638 RS of China, including any information sharing of 1 United States or foreign programs; and 2 (C) a description of drone technology shar- 3 ing, including drone manufacture, sale, and dis- 4 tribution, the sale of subcomponents, training 5 on drone technology, network data sharing, and 6 battlefield feedback; and 7 (6) an assessment of the implications of such 8 Russian-Chinese military cooperation for Untied 9 States national security, including— 10 (A) an assessment of the risk of opportun- 11 istic aggression should the United States enter 12 into a conflict with either Russia or China; 13 (B) an assessment of actions the Govern- 14 ment of the Russian Federation may take in 15 the event of a conflict or crisis between the 16 United States and the People’s Republic of 17 China in the Indo-Pacific theater and an as- 18 sessment of actions the Government of the Peo- 19 ple’s Republic of China may take in the event 20 of a conflict or crisis between the United States 21 and the Russian Federation in the European 22 theater; 23 (C) an evaluation of how the growing mili- 24 tary relationship between the Russian Federa- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 761 •S 4638 RS tion and the People’s Republic of China impacts 1 United States military operations both in peace- 2 time and in wartime; 3 (D) an evaluation of how combined drills 4 and exercises between Russia and China may 5 benefit each country; 6 (E) a description of how Russia and China 7 would continue to train together in the event of 8 conflict with the United States; 9 (F) an assessment of the implications of 10 Russian-Chinese nuclear weapons cooperation 11 on United States nuclear deterrence and stra- 12 tegic stability; 13 (G) an evaluation of the impacts on United 14 States national security of missile, stealth, and 15 drone technology sharing between the Russian 16 Federation and the People’s Republic of China; 17 (H) identification of future pathways for 18 advanced military cooperation between Russia 19 and China; and 20 (I) any other considerations or implications 21 the Secretary determines necessary to include. 22 (c) FORM.—The report required under subsection (a) 23 shall be submitted in unclassified form but may include 24 a classified annex. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 762 •S 4638 RS Subtitle F—Other Matters 1 SEC. 1281. QUARTERLY BRIEFINGS ON COUNTERTER- 2 RORISM OPERATIONS, IRREGULAR WARFARE, 3 AND SENSITIVE ACTIVITIES. 4 (a) IN GENERAL.—Section 485 of title 10, United 5 States Code, is amended— 6 (1) in the section heading, by striking 7 ‘‘Monthly counterterrorism operations 8 briefings’’ and inserting ‘‘Quarterly briefings 9 on counterterrorism operations, irregular 10 warfare, and sensitive activities’’; and 11 (2) by amending subsection (a) to read as fol- 12 lows: 13 ‘‘(a) BRIEFINGS REQUIRED.—The Secretary of De- 14 fense shall provide to the congressional defense commit- 15 tees quarterly briefings on counterterrorism operations 16 and related activities (including the use of military force 17 under the notion of collective self-defense of foreign part- 18 ners), irregular warfare activities, and other sensitive ac- 19 tivities conducted by the Department of Defense.’’. 20 (b) CLERICAL AMENDMENT.—The table of sections 21 for chapter 23 of title 10, United States Code, is amended 22 by striking the item relating to section 485 and inserting 23 the following: 24 ‘‘485. Quarterly briefings on counterterrorism operations, irregular warfare, and sensitive activities.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 763 •S 4638 RS SEC. 1282. EXTENSION AND MODIFICATION OF SECURITY 1 BRIEFINGS ON AFGHANISTAN. 2 Section 1092(a) of the National Defense Authoriza- 3 tion Act for Fiscal Year 2022 (Public Law 117–81; 135 4 Stat. 1934) is amended by striking ‘‘Not later than Janu- 5 ary 15, 2022, and every 90 days thereafter through De- 6 cember 31, 2025,’’ and inserting ‘‘Not later than January 7 15, 2025, and every 120 days thereafter through Decem- 8 ber 31, 2026,’’. 9 SEC. 1283. MULTILATERAL ARTIFICIAL INTELLIGENCE 10 WORKING GROUP. 11 (a) ESTABLISHMENT.— 12 (1) IN GENERAL.—Not later than 90 days after 13 the date of the enactment of this Act, the Secretary 14 of Defense shall establish a working group to de- 15 velop and coordinate an artificial intelligence initia- 16 tive among the allies and partners of the United 17 States. 18 (2) DESIGNATION.—The working group estab- 19 lished pursuant to paragraph (1) shall be known as 20 the ‘‘Multilateral Artificial Intelligence Working 21 Group’’ (in this section referred to as the ‘‘Working 22 Group’’). 23 (b) ORGANIZATION.— 24 (1) DESIGNATION OF HEAD.—The Secretary 25 shall designate a senior civilian officer of the De- 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 764 •S 4638 RS partment of Defense or senior military officer with 1 experience leading relevant efforts, as determined by 2 the Secretary, to serve as the head of the Working 3 Group. 4 (2) PARTICIPATION BY OTHER MEMBER COUN- 5 TRIES.—The Secretary shall determine participation 6 of allies and partners of the United States in the 7 Working Group. 8 (c) RESPONSIBILITIES.—The responsibilities of the 9 Working Group shall be to develop and coordinate efforts 10 to implement an artificial intelligence initiative between 11 the Department of Defense and allies and partners of the 12 United States— 13 (1) to compare— 14 (A) the various artificial intelligence sys- 15 tems and the elements thereof (including ma- 16 chine learning and generative artificial intel- 17 ligence such as large language models) used for 18 covered operational uses by such members; and 19 (B) the respective practices associated with 20 the employment of such systems for covered 21 operational uses by such members; 22 (2) to identify (including by experimenting, 23 testing, and evaluating) potential solutions to ad- 24 vance and accelerate the interoperability of artificial 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 765 •S 4638 RS intelligence systems used for intelligence sharing, 1 battlespace awareness, and other covered operational 2 uses; 3 (3) to test and evaluate the effects of artificial 4 intelligence model redundancy, including the risks 5 and safety measures associated with operating mul- 6 tiple artificial intelligence systems, including in tan- 7 dem with one another; 8 (4) to develop a shared strategy for the re- 9 search, development, test, evaluation, and employ- 10 ment of artificial intelligence systems for covered 11 operational uses carried out in concert with the 12 member countries; 13 (5) to develop a shared strategy for— 14 (A) managing data-informed artificial in- 15 telligence systems; and 16 (B) testing and evaluating artificial intel- 17 ligence systems with combined datasets at the 18 unclassified and classified levels; 19 (6) to test and evaluate the capabilities of the 20 defense industrial base of the member countries to 21 incorporate artificial intelligence systems into sys- 22 tems used for covered operational uses; 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 766 •S 4638 RS (7) to compare and implement ethical frame- 1 works to accelerate technological advancements with 2 respect to artificial intelligence systems; 3 (8) to expand innovation efforts by the member 4 countries and share among such countries best prac- 5 tices for the accelerated procurement and adoption 6 of artificial intelligence technologies for covered 7 operational uses; 8 (9) to leverage commercially available artificial 9 intelligence technologies to advance near-term 10 jointness between the military forces of the member 11 countries; 12 (10) to jointly identify and source artificial in- 13 telligence systems, as practicable, and advise mem- 14 ber countries with respect to export controls applica- 15 ble to such systems; and 16 (11) to carry out such other activities as the 17 Secretary determines to be relevant to such respon- 18 sibilities. 19 (d) CONTROL OF KNOWLEDGE AND TECHNICAL 20 DATA.—The Secretary shall seek to ensure that any 21 knowledge or technical data produced by a member coun- 22 try under any cooperative project carried out by the Work- 23 ing Group shall be controlled by that country under the 24 export control laws and regulations of that country and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 767 •S 4638 RS shall not be subject to the jurisdiction or control of any 1 other member country. 2 (e) PLAN AND REPORTS.— 3 (1) PLAN.— 4 (A) SUBMISSION.—Not later than 60 days 5 after the date of the enactment of this Act, the 6 Secretary shall submit to the congressional de- 7 fense committees a plan for the establishment 8 and activities of the Working Group. 9 (B) ELEMENTS.—The plan under subpara- 10 graph (A) shall include— 11 (i) a plan for the establishment of the 12 Working Group; 13 (ii) a description of any funding re- 14 quirements or administrative support nec- 15 essary to carry out this section; 16 (iii) a description of any additional 17 statutory authorities necessary to carry out 18 this section; 19 (iv) a plan for the fulfillment of re- 20 sponsibilities under subsection (c) by the 21 Working Group; 22 (v) an evaluation of existing multilat- 23 eral artificial intelligence efforts; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 768 •S 4638 RS (vi) a plan for the integration of the 1 artificial intelligence initiative developed 2 and coordinated by the Working Group 3 with other programs and initiatives of the 4 elements of the Department of Defense 5 with responsibilities relating to mutual se- 6 curity and artificial intelligence efforts 7 among the member countries; 8 (vii) performance indicators by which 9 the activities of the Working Group will be 10 assessed; and 11 (viii) a description of how efforts of 12 the commanders of the combatant com- 13 mands relating to military interoperability 14 and test and evaluation of artificial intel- 15 ligence systems will leverage the Working 16 Group. 17 (2) SEMIANNUAL REPORT.—Not later than 180 18 days after the date of the enactment of this Act, and 19 on a semiannual basis thereafter until the date of 20 termination under subsection (f), the Secretary shall 21 submit to the congressional defense committees a re- 22 port on the activities and milestones of the Working 23 Group. Each such report shall include, with respect 24 to the period covered by the report— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 769 •S 4638 RS (A) an assessment of the activities of the 1 Working Group based on the performance indi- 2 cators set forth in the plan under paragraph 3 (1)(B)(vii); and 4 (B) a description of any efforts of the com- 5 manders of the combatant commands taken in 6 support of the responsibilities of the Working 7 Group. 8 (f) TERMINATION.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), the Working Group shall terminate on 11 September 30, 2028. 12 (2) AUTHORITY TO EXTEND.—The Secretary 13 may extend the termination date under paragraph 14 (1) if the Secretary determines such extension to be 15 in the national security interests of the United 16 States. 17 (g) DEFINITIONS.—In this section: 18 (1) The term ‘‘battlespace awareness’’ has the 19 meaning given that term in the Joint Publication 1– 20 02 of the Department of Defense, titled ‘‘Depart- 21 ment of Defense Dictionary of Military and Associ- 22 ated Terms’’, or successor publication. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 770 •S 4638 RS (2) The term ‘‘covered operational use’’ means 1 use by a government for operations in a defense con- 2 text. 3 (3) The term ‘‘member country’’ means a mem- 4 ber country of the Working Group. 5 SEC. 1284. REPORT ON DEPARTMENT OF DEFENSE ROLE IN 6 SUPPORTING INTERNATIONAL LEGAL OPER- 7 ATIONS. 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 head of any other relevant 11 Federal department or agency, shall submit to the appro- 12 priate committees of Congress a report on the role of the 13 Department of Defense in supporting whole-of-govern- 14 ment efforts to identify and expose the international legal 15 operations of malign actors. 16 (b) ELEMENTS.—The report required by subsection 17 (a) shall include the following: 18 (1) A definition of the term ‘‘international legal 19 operations’’ and a description of the scope of appli- 20 cation and usefulness of international legal oper- 21 ations in all phases of military conflict. 22 (2) An assessment of the threats posed to the 23 United States and its allies and partners by hostile, 24 gray-zone, or subconflict international legal oper- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 771 •S 4638 RS ations waged by United States strategic competitors 1 and potential adversaries, including the People’s Re- 2 public of China, the Russian Federation, and Iran. 3 (3) An assessment of, and a description of les- 4 sons learned from, the international legal operations 5 (or similar strategies or doctrines) and related co- 6 ordinating offices and entities of— 7 (A) strategic competitors and potential ad- 8 versaries of the United States; 9 (B) the North Atlantic Treaty Organiza- 10 tion; and 11 (C) allies and partners of the United 12 States. 13 (4) A summary of current Department of De- 14 fense activities to support interdepartmental or 15 interagency initiatives of the United States Govern- 16 ment applicable to international legal operations, 17 and the costs and benefits of such initiatives. 18 (5) An assessment of each public affairs officer 19 program of the Armed Forces relating to engaging 20 in and defending against international legal oper- 21 ations, including an assessment as to whether such 22 program is— 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 772 •S 4638 RS (A) being effectively used to counter 1 disinformation stemming from adversary legal 2 claims and other forms of disinformation; 3 (B) coordinating effectively with the Global 4 Engagement Center of the Department of State 5 to coordinate and amplify United States public 6 messaging efforts; and 7 (C) coordinating with judge advocates of 8 the Armed Forces on public messaging relating 9 to the performance of their duties. 10 (6) Recommendations for improving coordina- 11 tion between the Department of Defense and other 12 Federal agencies on the use of legal tools to achieve 13 national strategic objectives. Such recommendations 14 shall take into consideration areas of law in which 15 it may be advisable to develop standard practices for 16 the Department of Defense to support national secu- 17 rity-sensitive litigation, particularly in the maritime 18 domain. 19 (7) Recommendations on the manner in which 20 the Secretary of Defense may best support whole-of- 21 government efforts to counter hostile international 22 legal operations and conduct international legal op- 23 erations, including through public messaging. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 773 •S 4638 RS (c) FORMAT.—The report required by subsection (a) 1 shall be submitted in unclassified form but may include 2 a classified annex. 3 (d) 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 Foreign Relations, the Committee on 8 the Judiciary, and the Select Committee on Intel- 9 ligence of the Senate; and 10 (2) the Committee on Armed Services, the 11 Committee on Foreign Affairs, the Committee on 12 the Judiciary, and the Permanent Select Committee 13 on Intelligence of the House of Representatives. 14 SEC. 1285. REPORT AND BRIEFING ON SECURITY IMPLICA- 15 TIONS OF WATER SCARCITY AND FOOD SECU- 16 RITY FOR UNITED STATES CENTRAL COM- 17 MAND. 18 (a) IN GENERAL.—Not later than 180 days after the 19 date of the enactment of this Act, the Secretary of Defense 20 shall submit a report, and provide the congressional de- 21 fense committees with a briefing, on the feasibility and 22 advisability of including water scarcity and food security 23 in the risk assessments and operational plans of the 24 United States Central Command. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 774 •S 4638 RS (b) ELEMENTS.—The report required by subsection 1 (a) shall include the following: 2 (1) An assessment of each of the following: 3 (A) The security and operational resilience 4 risks associated with regional water scarcity. 5 (B) The cross-border security and oper- 6 ational resilience ramifications of the challenges 7 of water scarcity and food insecurity in the area 8 of responsibility of the United States Central 9 Command. 10 (C) The implications of such challenges for 11 United States and partner country capabilities 12 and defense postures in such area of responsi- 13 bility, including the implications for— 14 (i) members of the United States 15 Armed Forces and members of the military 16 forces of partner countries; and 17 (ii) platforms, weapons systems, intel- 18 ligence, surveillance, and reconnaissance 19 capabilities, physical infrastructure, and 20 supply chains. 21 (D) The feasibility and advisability of inte- 22 grating the security implications of such chal- 23 lenges into risk assessments. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 775 •S 4638 RS (2) An evaluation of the feasibility, benefits, 1 and expected outcomes of establishing an inter- 2 agency working group with eligible participants to 3 address water scarcity and food security within the 4 area of responsibility of the United States Central 5 Command. 6 (c) ELIGIBLE PARTICIPANT DEFINED.—In this sec- 7 tion, the term ‘‘eligible participant’’ means— 8 (1) a partner country within the area of respon- 9 sibility of the United States Central Command or a 10 representative of such a partner country; and 11 (2) any other participant within such area of 12 responsibility the Commander of the United States 13 Central Command considers appropriate, including 14 an expert from government, civil society, academia, 15 or the private sector. 16 SEC. 1286. NOTIFICATIONS REGARDING TERRORIST 17 GROUPS IN AFGHANISTAN. 18 (a) IN GENERAL.—Not later than 30 days after the 19 Secretary of Defense identifies any new training facility 20 in Afghanistan that is operated or staffed by al-Qaeda, 21 ISIS Khorasan, or any other United States-designated 22 terrorist organization, or at which members of any such 23 terrorist organization receives training, the Secretary shall 24 provide the Committees on Armed Services of the Senate 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 776 •S 4638 RS and the House of Representatives with a notification that 1 includes the following: 2 (1) A description of the location of the training 3 facility. 4 (2) An identification of the one or more ter- 5 rorist groups operating, staffing, or being trained at 6 the facility. 7 (3) An assessment of the purpose of the facility. 8 (4) An assessment as to whether the Taliban 9 has provided any support to the facility, or whether 10 the Taliban is taking action to close the facility con- 11 sistent with its obligations under the February 29, 12 2020, United States-Taliban agreement. 13 (5) An assessment as to whether there is a risk 14 that the facility is being used to plan or train for a 15 terrorist attack outside Afghanistan. 16 (b) FORM.—Each notification required by subsection 17 (a) shall be submitted in unclassified form but may include 18 a classified annex for the assessments described in para- 19 graphs (3), (4), and (5) of that subsection. 20 SEC. 1287. REPORT AND BRIEFING ON AL-UDEID AIR BASE 21 IN QATAR. 22 (a) IN GENERAL.—Not later than 120 days after the 23 date of the enactment of this Act, the Secretary of Defense 24 shall submit a report and provide a briefing to the con- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 777 •S 4638 RS gressional defense committees on the operational value of 1 the Al-Udeid Air Base in Qatar, taking into consideration 2 the relationship of the Government of Qatar with Hamas 3 and other terrorist organizations. 4 (b) CONTENTS.—The report required by subsection 5 (a) shall include an assessment of each of the following: 6 (1) Whether the relationship of the Government 7 of Qatar with United States-designated terrorist or- 8 ganizations undermines the national security inter- 9 ests of the United States. 10 (2) The operational value of the Al-Udeid Air 11 Base in Qatar. 12 (3) The effect on United States Air Force oper- 13 ations in the Middle East if the United States were 14 to redeploy members of the United States Air Force 15 from Al-Udeid Air Base. 16 (4) The resources that would be required to re- 17 deploy members of the United States Air Force from 18 Al-Udeid Air Base. 19 (c) FORM.—The report required by subsection (a) 20 shall be submitted in unclassified form but may contain 21 a classified annex. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 778 •S 4638 RS SEC. 1288. MIDDLE EAST INTEGRATED SPACE AND SAT- 1 ELLITE SECURITY CAPABILITY. 2 (a) IN GENERAL.—The Secretary of Defense, in con- 3 sultation with the Secretary of State, shall seek to build 4 upon the historic opportunities created by the Abraham 5 Accords and the incorporation of Israel into the area of 6 responsibility of the United States Central Command to 7 develop a Middle East integrated space and satellite secu- 8 rity strategy and a multilateral data-sharing agreement 9 for the purpose of protecting the people, infrastructure, 10 and territory of ally and partner countries in the Middle 11 East from hostile activities conducted by adversaries 12 against space systems of the United States or such coun- 13 tries. 14 (b) STRATEGY.— 15 (1) IN GENERAL.—Not later than 60 days after 16 the date of the enactment of this Act, the Secretary 17 of Defense, in consultation with the Secretary of 18 State, shall submit to the appropriate committees of 19 Congress a strategy for the cooperation described in 20 subsection (a). 21 (2) MATTERS TO BE INCLUDED.—The strategy 22 required by paragraph (1) shall include the fol- 23 lowing: 24 (A) An assessment of the threats posed to 25 the United States and ally or partner countries 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 779 •S 4638 RS in the Middle East by adversaries conducting 1 hostile activities— 2 (i) against space systems of the 3 United States or such countries; and 4 (ii) using capabilities positioned or 5 transiting through space. 6 (B) A description of progress made in— 7 (i) advancing the integration of Israel 8 into existing multilateral space and sat- 9 ellite security partnerships; or 10 (ii) establishing such partnerships 11 with Israel. 12 (C) A description of efforts among ally and 13 partner countries in the Middle East to coordi- 14 nate intelligence, reconnaissance, and surveil- 15 lance capabilities and indicators and warnings 16 with respect to the threats described in sub- 17 paragraph (A), and a description of any impedi- 18 ment to optimizing such efforts. 19 (D) An assessment of any current capa- 20 bility gaps in the ability of the Department of 21 Defense to provide space situational awareness 22 in the Middle East. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 780 •S 4638 RS (E) A description of the current Depart- 1 ment of Defense systems that provide aware- 2 ness of and defend against such threats. 3 (F) An explanation of the manner in which 4 a multilateral space situational awareness data- 5 sharing agreement and an integrated space and 6 satellite security architecture would improve col- 7 lective security in the Middle East. 8 (G) A description of existing and planned 9 efforts to engage ally and partner countries in 10 the Middle East in establishing such a multilat- 11 eral space situational awareness data-sharing 12 agreement and an integrated space and satellite 13 security architecture. 14 (H) An identification of the elements of 15 such an integrated space and satellite security 16 architecture that may be acquired and operated 17 by ally and partner countries in the Middle 18 East, and a list of such elements for each such 19 ally and partner. 20 (I) An identification of the elements of 21 such an integrated space and satellite security 22 architecture that may only be provided and op- 23 erated by members of the United States Armed 24 Forces. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 781 •S 4638 RS (J) An identification of any challenge to 1 optimizing such a multilateral space situational 2 awareness data-sharing agreement and inte- 3 grated space and satellite security architecture 4 in the Middle East. 5 (K) An assessment of progress and key 6 challenges in the implementation of the strategy 7 required by paragraph (1) using the metrics 8 identified in accordance with paragraph (3). 9 (L) Recommendations for improvements in 10 the implementation of an integrated space and 11 satellite security strategy based on such 12 metrics. 13 (M) A cost estimate of establishing an in- 14 tegrated space and satellite security strategy, 15 and an assessment of the resources that could 16 be contributed by ally and partner countries of 17 the United States to establish and strengthen 18 such capabilities. 19 (N) Any other matter the Secretary of De- 20 fense considers relevant. 21 (3) METRICS.—The Secretary of Defense shall 22 identify metrics to assess progress in the implemen- 23 tation of the strategy required by paragraph (1). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 782 •S 4638 RS (4) FORM.—The strategy required by para- 1 graph (1) shall be submitted in unclassified form but 2 may include a classified annex. 3 (c) PROTECTION OF SENSITIVE INFORMATION.—Any 4 activity carried out under this section shall be conducted 5 in a manner that appropriately protects sensitive informa- 6 tion and the national security interests of the United 7 States. 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, the 12 Committee on Appropriations, the Committee on 13 Foreign Relations, and the Select Committee on In- 14 telligence of the Senate; and 15 (2) the Committee on Armed Services, the 16 Committee on Appropriations, the Committee on 17 Foreign Affairs, and the Permanent Select Com- 18 mittee on Intelligence of the House of Representa- 19 tives. 20 SEC. 1289. IMPROVEMENTS TO SECURITY COOPERATION 21 WORKFORCE AND DEFENSE ACQUISITION 22 WORKFORCE. 23 (a) RESPONSIBILITIES OF SECRETARY OF DE- 24 FENSE.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 783 •S 4638 RS (1) IN GENERAL.—The Secretary of Defense 1 shall, consistent with the requirements of section 2 384 of title 10, United States Code, seek to ensure 3 that members of the defense acquisition workforce 4 involved in the foreign military sales process— 5 (A) are aware of evolving United States re- 6 gional and country-level defense capability- 7 building priorities; and 8 (B) coordinate with the security coopera- 9 tion workforce to enhance responsiveness to for- 10 eign partner requests and capability-building 11 priorities. 12 (2) REPORT.—Not later than 180 days after 13 the date of the enactment of this Act, the Secretary 14 of Defense shall submit to the Committees on Armed 15 Services of the Senate and the House of Representa- 16 tives a report on the resources necessary to imple- 17 ment paragraph (1), including— 18 (A) the anticipated costs of new personnel 19 and training to carry out such paragraph; 20 (B) the estimated increase in foreign mili- 21 tary sales administrative user fees necessary to 22 offset such costs; 23 (C) the feasibility and advisability of estab- 24 lishing, at the Department of Defense level or 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 784 •S 4638 RS the military department level, a contracting ca- 1 pacity that is specific to the execution of con- 2 tracts for foreign military sales; and 3 (D) the feasibility and advisability of es- 4 tablishing a dedicated contracting capacity to 5 directly support foreign military sales con- 6 tracting activities. 7 (b) GUIDANCE.— 8 (1) IN GENERAL.—Not later than 180 days 9 after the date of the enactment of this Act, the Sec- 10 retary of Defense shall update, as necessary, De- 11 partment of Defense guidance to the security co- 12 operation workforce and the defense acquisition 13 workforce governing the execution of foreign military 14 sales by the Department to ensure that such guid- 15 ance— 16 (A) incorporates the National Security 17 Strategy and the National Defense Strategy; 18 and 19 (B) is informed by the theater campaign 20 plans and theater security cooperation strate- 21 gies of the combatant commands. 22 (2) ELEMENTS.—The updated guidance re- 23 quired by paragraph (1) shall— 24 (A) identify— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 785 •S 4638 RS (i) regional and country-level foreign 1 defense capability-building priorities; and 2 (ii) levels of urgency and desired 3 timelines for achieving foreign capability- 4 building objectives; and 5 (B) provide guidance to the defense acqui- 6 sition workforce regarding levels of resourcing, 7 innovation, and risk tolerance that should be 8 considered in meeting urgent needs. 9 (c) FOREIGN MILITARY SALES CONTINUOUS PROC- 10 ESS IMPROVEMENT BOARD.— 11 (1) ESTABLISHMENT.—The Secretary of De- 12 fense shall establish a Foreign Military Sales Con- 13 tinuous Process Improvement Board (in this section 14 referred to as the ‘‘Board’’) to serve as an enduring 15 governance structure within the Department of De- 16 fense that reports to the Secretary on matters relat- 17 ing to the foreign military sales process so as to en- 18 hance accountability and continuous improvement 19 within the Department, including the objectives of— 20 (A) improving the understanding, among 21 officials of the Department, of ally and partner 22 requirements; 23 (B) enabling efficient reviews for release of 24 technology; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 786 •S 4638 RS (C) providing ally and partner countries 1 with relevant priority equipment; 2 (D) accelerating acquisition and con- 3 tracting support; 4 (E) expanding the capacity of the defense 5 industrial base; and 6 (F) working with other departments and 7 agencies to promote broad United States Gov- 8 ernment support. 9 (2) MEMBERSHIP.—The Board shall be com- 10 posed of not fewer than seven members, selected 11 from among individuals with government experience 12 and individuals with nongovernmental expertise, 13 each of whom shall have expertise in the foreign 14 military sales process. 15 (d) DEFINITIONS.—In this section: 16 (1) DEFENSE ACQUISITION WORKFORCE.—The 17 term ‘‘defense acquisition workforce’’ means the De- 18 partment of Defense acquisition workforce described 19 in chapter 87 of title 10, United States Code. 20 (2) SECURITY COOPERATION WORKFORCE.— 21 The term ‘‘security cooperation workforce’’ has the 22 meaning given the term in section 384 of title 10, 23 United States Code. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 787 •S 4638 RS SEC. 1290. INDEPENDENT ASSESSMENT OF TECHNOLOGY 1 RELEASE AND FOREIGN DISCLOSURE RE- 2 FORM INITIATIVE. 3 Section 918(d) of the National Defense Authorization 4 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 5 370; 10 U.S.C. 301 note) is amended by adding at the 6 end the following new paragraph: 7 ‘‘(3) INDEPENDENT ASSESSMENT.—The Comp- 8 troller General of the United States shall— 9 ‘‘(A) conduct an independent assessment 10 of the report submitted by the Secretary of De- 11 fense under paragraph (1); and 12 ‘‘(B) not later than July 31, 2025, submit 13 to the congressional defense committees the re- 14 sults of that assessment.’’. 15 TITLE XIII—COOPERATIVE 16 THREAT REDUCTION 17 SEC. 1301. COOPERATIVE THREAT REDUCTION FUNDS. 18 (a) FUNDING ALLOCATION.—Of the $350,116,000 19 authorized to be appropriated to the Department of De- 20 fense for fiscal year 2025 in section 301 and made avail- 21 able by the funding table in division D for the Department 22 of Defense Cooperative Threat Reduction Program estab- 23 lished under section 1321 of the Department of Defense 24 Cooperative Threat Reduction Act (50 U.S.C. 3711), the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 788 •S 4638 RS following amounts may be obligated for the purposes spec- 1 ified: 2 (1) For delivery system threat reduction, 3 $7,036,000. 4 (2) For chemical weapons elimination, 5 $20,717,000. 6 (3) For global nuclear security, $33,665,000. 7 (4) For biological threat reduction, 8 $209,858,000. 9 (5) For proliferation prevention, $45,610,000. 10 (6) For activities designated as Other Assess- 11 ments/Administrative Costs, $33,230,000. 12 (b) SPECIFICATION OF COOPERATIVE THREAT RE- 13 DUCTION FUNDS.—Funds appropriated pursuant to the 14 authorization of appropriations in section 301 and made 15 available by the funding table in division D for the Depart- 16 ment of Defense Cooperative Threat Reduction Program 17 shall be available for obligation for fiscal years 2025, 18 2026, and 2027. 19 SEC. 1302. TEMPORARY CONTINUATION OF REQUIREMENT 20 FOR REPORTS ON ACTIVITIES AND ASSIST- 21 ANCE UNDER DEPARTMENT OF DEFENSE CO- 22 OPERATIVE THREAT REDUCTION PROGRAM. 23 (a) CONTINUATION OF REPORTING REQUIRE- 24 MENT.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 789 •S 4638 RS (1) IN GENERAL.—Section 1080(a) of the Na- 1 tional Defense Authorization Act for Fiscal Year 2 2016 (Public Law 114–92; 10 U.S.C. 111 note) 3 does not apply to the report required to be sub- 4 mitted to Congress under section 1343(a) of the De- 5 partment of Defense Cooperative Threat Reduction 6 Act (50 U.S.C. 3743(a)). 7 (2) CONFORMING REPEAL.—Section 1061(d) of 8 the National Defense Authorization Act for Fiscal 9 Year 2017 (Public Law 114–328; 10 U.S.C. 111 10 note) is amended by striking paragraph (14). 11 (b) TERMINATION OF REPORTING REQUIREMENT.— 12 Section 1343(a) of the Department of Defense Coopera- 13 tive Threat Reduction Act (50 U.S.C. 3743(a)) is amend- 14 ed by inserting ‘‘before 2030’’ after ‘‘In any year’’. 15 TITLE XIV—OTHER 16 AUTHORIZATIONS 17 Subtitle A—Military Programs 18 SEC. 1401. WORKING CAPITAL FUNDS. 19 Funds are hereby authorized to be appropriated for 20 fiscal year 2025 for the use of the Armed Forces and other 21 activities and agencies of the Department of Defense for 22 providing capital for working capital and revolving funds, 23 as specified in the funding table in section 4501. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 790 •S 4638 RS SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC- 1 TION, DEFENSE. 2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 3 are hereby authorized to be appropriated for the Depart- 4 ment of Defense for fiscal year 2025 for expenses, not oth- 5 erwise provided for, for Chemical Agents and Munitions 6 Destruction, Defense, as specified in the funding table in 7 section 4501. 8 (b) USE.—Amounts authorized to be appropriated 9 under subsection are authorized for— 10 (1) the destruction of lethal chemical agents 11 and munitions in accordance with section 1412 of 12 the Department of Defense Authorization Act, 1986 13 ( 50 U.S.C. 1521); and 14 (2) the destruction of chemical warfare materiel 15 of the United States that is not covered by section 16 1412 of such Act. 17 SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC- 18 TIVITIES, DEFENSE-WIDE. 19 Funds are hereby authorized to be appropriated for 20 the Department of Defense for fiscal year 2025 for ex- 21 penses, not otherwise provided for, for Drug Interdiction 22 and Counter-Drug Activities, Defense-wide, as specified in 23 the funding table in section 4501. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 791 •S 4638 RS SEC. 1404. DEFENSE INSPECTOR GENERAL. 1 Funds are hereby authorized to be appropriated for 2 the Department of Defense for fiscal year 2025 for ex- 3 penses, not otherwise provided for, for the Office of the 4 Inspector General of the Department of Defense, as speci- 5 fied in the funding table in section 4501. 6 SEC. 1405. DEFENSE HEALTH PROGRAM. 7 Funds are hereby authorized to be appropriated for 8 fiscal year 2025 for the Defense Health Program for use 9 of the Armed Forces and other activities and agencies of 10 the Department of Defense for providing for the health 11 of eligible beneficiaries, as specified in the funding table 12 in section 4501. 13 Subtitle B—National Defense 14 Stockpile 15 SEC. 1411. RESTORING THE NATIONAL DEFENSE STOCK- 16 PILE. 17 (a) PLAN TO FULLY FUND EXISTING NATIONAL DE- 18 FENSE STOCKPILE REQUIREMENTS.— 19 (1) IN GENERAL.—Not later than April 15, 20 2025, the Secretary of Defense shall submit to the 21 congressional defense committees a plan to fully 22 fund existing National Defense Stockpile require- 23 ments. 24 (2) ELEMENTS.—The plan required by para- 25 graph (1) shall include the following: 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 792 •S 4638 RS (A) A plan for resources to meet all re- 1 quirements of the National Defense Stockpile 2 related to the needs of the Department of De- 3 fense not later than December 31, 2027, and to 4 meet such requirements each year thereafter. 5 (B) A description of the manner in which 6 the Secretary shall prioritize the procurement of 7 certain strategic and critical materials to meet 8 the requirements described in subparagraph (A) 9 that includes consideration of— 10 (i) rare earth elements and critical 11 minerals; and 12 (ii) energetics and other propellants. 13 (3) CONSIDERATION.—The plan developed 14 under this subsection shall be based on the reported 15 shortfall in dollars and inventory of the strategic 16 and critical materials in the National Defense Stock- 17 pile relative to the amounts necessary to meet cur- 18 rent defense requirements in a national emergency. 19 (b) IMPLEMENTATION.—After the Secretary submits 20 the plan required by subsection (a), the Secretary shall— 21 (1) take steps as practicable to implement the 22 plan as necessary to meet the requirements de- 23 scribed in subsection (a)(2)(A); and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 793 •S 4638 RS (2) take steps as practicable so that the De- 1 partment of Defense, not later than one year after 2 the submission of the plan, has the data necessary 3 to identify in detail the additional funds and re- 4 sources that would be necessary to meet potential re- 5 quirements. 6 (c) PREFERENCE FOR DOMESTIC CONTENT.—The 7 Secretary shall require the National Defense Stockpile 8 Manager to establish a preference for the procurement of 9 strategic and critical materials that are, in part or in 10 whole, produced in the United States or in countries that 11 are allies and partners of the United States, provided that 12 a specific material is available from a producer in the 13 United States or such a country at an acceptable price. 14 SEC. 1412. STORAGE OF STRATEGIC AND CRITICAL MATE- 15 RIALS IN NATIONAL DEFENSE STOCKPILE. 16 The Strategic and Critical Materials Stock Piling Act 17 (50 U.S.C. 98 et seq.) is amended by inserting after sec- 18 tion 6 the following: 19 ‘‘SEC. 6A. STORAGE OF STRATEGIC AND CRITICAL MATE- 20 RIALS. 21 ‘‘(a) IN GENERAL.—The National Defense Stockpile 22 Manager may enter into a lease with an individual or enti- 23 ty (including another department or agency of the Federal 24 Government or an entity of a State or local government) 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 794 •S 4638 RS for the storage of strategic and critical materials acquired 1 pursuant to this Act. 2 ‘‘(b) CONSIDERATIONS.— 3 ‘‘(1) OTHER FEDERAL DEPARTMENTS OR AGEN- 4 CIES.—The Stockpile Manager may, with regard to 5 any underutilized real property that is not excess 6 property (as defined in section 102 of title 40, 7 United States Code) and related personal property, 8 prioritize entering into a lease under subsection (a) 9 with another Federal department or agency. 10 ‘‘(2) FAIR MARKET VALUE.—The Stockpile 11 Manager shall provide an individual or entity enter- 12 ing into a lease under subsection (a) monetary con- 13 sideration for the lease at fair market value. 14 ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.—The 15 Stockpile Manager shall require such terms and conditions 16 in connection with a lease entered into under subsection 17 (a) as the Stockpile Manager considers appropriate to pro- 18 tect the national security interests of the United States. 19 ‘‘(d) LEASE RESTRICTIONS.— 20 ‘‘(1) CERTIFICATION.—The Stockpile Manager 21 may not enter into a lease under subsection (a) un- 22 less the Stockpile Manager certifies to the appro- 23 priate committees of Congress that the lease will not 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 795 •S 4638 RS have a negative impact on the mission of the Stock- 1 pile Manager. 2 ‘‘(2) MAXIMUM NUMBER OF LEASES.—The 3 Stockpile Manager may enter into not more than 4 two leases under subsection (a) during each fiscal 5 year. 6 ‘‘(e) DURATION.— 7 ‘‘(1) IN GENERAL.—The authority to enter into 8 leases under subsection (a) shall expire on January 9 1, 2034. 10 ‘‘(2) SAVINGS PROVISION.—The expiration 11 under this subsection of the authority to enter into 12 leases under subsection (a) shall not affect the valid- 13 ity or term of leases entered into under that sub- 14 section before the expiration of that authority. 15 ‘‘(f) REPORTING.—Not later than one year after the 16 date of the enactment of this section, and annually there- 17 after, the Stockpile Manager shall submit to the appro- 18 priate committees of Congress a report describing— 19 ‘‘(1) any lease entered into by the Stockpile 20 Manager under subsection (a) in the preceding year; 21 ‘‘(2) utilization of the leased property; and 22 ‘‘(3) the strategic and critical materials stored 23 at that property. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 796 •S 4638 RS ‘‘(g) APPROPRIATE COMMITTEES OF CONGRESS DE- 1 FINED.—In this section, the term ‘appropriate committees 2 of Congress’ means— 3 ‘‘(1) the Committee on Armed Services and the 4 Committee on Energy and Natural Resources of the 5 Senate; and 6 ‘‘(2) the Committee on Armed Services, the 7 Committee on Energy and Commerce, and the Com- 8 mittee on Natural Resources of the House of Rep- 9 resentatives.’’. 10 SEC. 1413. CONSULTATIONS WITH RESPECT TO ENVIRON- 11 MENTAL REVIEWS OF PROJECTS THAT WILL 12 INCREASE AVAILABILITY OF STRATEGIC AND 13 CRITICAL MATERIALS FOR ACQUISITION FOR 14 NATIONAL DEFENSE STOCKPILE. 15 (a) IN GENERAL.—The Secretary of Defense shall 16 consult with the head of any agency responsible for the 17 development of an environmental document for a project 18 that will result in an increase in the availability of stra- 19 tegic and critical materials for acquisition for the Stock- 20 pile. 21 (b) DEFINITIONS.—In this section: 22 (1) AGENCY.—The term ‘‘agency’’ has the 23 meaning given the term in section 551 of title 5, 24 United States Code. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 797 •S 4638 RS (2) ENVIRONMENTAL DOCUMENT.—The term ‘‘ 1 ‘‘environmental document’’ has the meaning given 2 that term in section 111 of the National Environ- 3 mental Policy Act of 1969 (42 U.S.C. 4336e). 4 (3) STOCKPILE.—The term ‘‘Stockpile’’ means 5 the National Defense Stockpile established under 6 section 3 of the Strategic and Critical Materials 7 Stock Piling Act (50 U.S.C. 98b). 8 (4) STRATEGIC AND CRITICAL MATERIALS.— 9 The term ‘‘strategic and critical materials’’ means 10 materials, including rare earth elements, that are 11 necessary to meet national defense and national se- 12 curity requirements, including requirements relating 13 to supply chain resiliency, and for the economic se- 14 curity of the United States. 15 Subtitle C—Other Matters 16 SEC. 1421. ELIGIBILITY OF SPACE FORCE OFFICERS FOR 17 MEMBERSHIP ON ARMED FORCES RETIRE- 18 MENT HOME ADVISORY COUNCIL. 19 (a) CHIEF PERSONNEL OFFICER DEFINED.—Section 20 1502(5) of the Armed Forces Retirement Home Act of 21 1991 (24 U.S.C. 401(5)) is amended— 22 (1) in subparagraph (D), by striking ‘‘and’’ at 23 the end; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 798 •S 4638 RS (2) in subparagraph (E), by striking the period 1 at the end and inserting ‘‘; and’’; and 2 (3) by adding at the end the following new sub- 3 paragraph: 4 ‘‘(F) the Deputy Chief of Space Operations 5 for Human Capital of the Space Force.’’. 6 (b) SENIOR NONCOMMISSIONED OFFICER DE- 7 FINED.—Section 1502(6) of such Act (24 U.S.C. 401(6)) 8 is amended by adding at the end the following new sub- 9 paragraph: 10 ‘‘(F) The Chief Master Sergeant of the 11 Space Force.’’. 12 SEC. 1422. ARMED FORCES RETIREMENT HOME: AVAIL- 13 ABILITY OF LICENSED INDEPENDENT PRAC- 14 TITIONERS; RESOURCES. 15 Section 1513 of the Armed Forces Retirement Home 16 Act of 1991 (24 U.S.C. 413) is amended— 17 (1) by amending subsection (c) to read as fol- 18 lows: 19 ‘‘(c) AVAILABILITY OF LICENSED INDEPENDENT 20 PRACTITIONERS.—(1) In providing for the health care 21 needs of residents at a facility of the Retirement Home 22 under subsection (b), the Retirement Home shall have ap- 23 propriate licensed independent practitioners, as deter- 24 mined under paragraph (2), available during the daily 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 799 •S 4638 RS business hours of the facility and on an on-call basis at 1 other times. 2 ‘‘(2) The Chief Operating Officer shall ensure that 3 practitioner skills, experience, and availability are suited 4 to residents of the facility, in consultation with the Med- 5 ical Director and in accordance with accrediting organiza- 6 tion standards under section 1511(g).’’; and 7 (2) by adding at the end the following new sub- 8 section: 9 ‘‘(e) DEPARTMENT OF DEFENSE HEALTHCARE RE- 10 SOURCES.—The Secretary of Defense may enter into 11 agreements as provided in title 10, United States Code, 12 the Economy Act (31 U.S.C. 1535), and other provisions 13 of law for the following purposes: 14 ‘‘(1) To provide for transfers or deposits to the 15 Armed Forces Retirement Home Trust Fund for ap- 16 plicable care or services furnished by the Retirement 17 Home to covered beneficiaries of the Department of 18 Defense. 19 ‘‘(2) To improve access to, and the quality and 20 cost effectiveness of, the health care provided to resi- 21 dents of the Retirement Home.’’. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 800 •S 4638 RS SEC. 1423. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 1 DEPARTMENT OF DEFENSE-DEPARTMENT OF 2 VETERANS AFFAIRS MEDICAL FACILITY DEM- 3 ONSTRATION FUND FOR CAPTAIN JAMES A. 4 LOVELL HEALTH CARE CENTER, ILLINOIS. 5 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 6 funds authorized to be appropriated for section 1405 and 7 available for the Defense Health Program for operation 8 and maintenance, $162,500,000 may be transferred by the 9 Secretary of Defense to the Joint Department of Defense– 10 Department of Veterans Affairs Medical Facility Dem- 11 onstration Fund established by subsection (a)(1) of sec- 12 tion 1704 of the National Defense Authorization Act for 13 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 14 For purposes of subsection (a)(2) of such section 1704, 15 any funds so transferred shall be treated as amounts au- 16 thorized and appropriated specifically for the purpose of 17 such a transfer. 18 (b) USE OF TRANSFERRED FUNDS.—For the pur- 19 poses of subsection (b) of such section 1704, facility oper- 20 ations for which funds transferred under subsection (a) 21 may be used are operations of the Captain James A. 22 Lovell Federal Health Care Center, consisting of the 23 North Chicago Veterans Affairs Medical Center, the Navy 24 Ambulatory Care Center, and supporting facilities des- 25 ignated as a combined Federal medical facility under an 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 801 •S 4638 RS operational agreement covered by section 706 of the Dun- 1 can Hunter National Defense Authorization Act for Fiscal 2 Year 2009 (Public Law 110–417; 122 Stat. 4500). 3 SEC. 1424. AUTHORIZATION OF APPROPRIATIONS FOR 4 ARMED FORCES RETIREMENT HOME. 5 There is hereby authorized to be appropriated for fis- 6 cal year 2025 from the Armed Forces Retirement Home 7 Trust Fund the sum of $69,520,000 of which— 8 (1) $68,520,000 is for operating expenses; and 9 (2) $1,000,000 is for capital maintenance and 10 construction. 11 TITLE XV—SPACE ACTIVITIES, 12 STRATEGIC PROGRAMS, AND 13 INTELLIGENCE MATTERS 14 Subtitle A—Space Activities 15 SEC. 1501. MODIFICATION OF AIR FORCE SPACE CON- 16 TRACTOR RESPONSIBILITY WATCH LIST. 17 Section 1612 of the National Defense Authorization 18 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 19 1729; 10 U.S.C. 2271 note) is amended to read as follows: 20 ‘‘SEC. 1612. AIR FORCE SPACE CONTRACTOR RESPONSI- 21 BILITY WATCH LIST. 22 ‘‘(a) IN GENERAL.—The suspension and debarment 23 official of the Department of the Air Force shall establish 24 and maintain, on behalf of the Space Service Acquisition 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 802 •S 4638 RS Executive of the Department of the Air Force, a watch 1 list of contractors with a history of poor performance on 2 space procurement contracts or nonprocurement trans- 3 actions such as grants and cooperative agreements. 4 ‘‘(b) BASIS FOR INCLUSION ON LIST.— 5 ‘‘(1) ROLE OF SPACE SERVICE ACQUISITION EX- 6 ECUTIVE.—The Space Service Acquisition Executive 7 may direct the suspension and debarment official of 8 the Department of the Air Force to propose for 9 placement on the list established under subsection 10 (a) a contractor, which may consist of an entire con- 11 tracting entity or a specific division of a contracting 12 entity. 13 ‘‘(2) ROLE OF SUSPENSION AND DEBARMENT 14 OFFICIAL.— 15 ‘‘(A) CONSIDERATION OF EVIDENCE.—In 16 considering whether to place a contractor on 17 the list established under subsection (a), the 18 suspension and debarment official of the De- 19 partment of the Air Force shall determine 20 whether there is evidence of any of the fol- 21 lowing: 22 ‘‘(i) Poor performance on one or more 23 space procurement contracts or non- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 803 •S 4638 RS procurement transactions, or award fee 1 scores below 50 percent. 2 ‘‘(ii) Inadequate management, oper- 3 ational or financial controls, or resources. 4 ‘‘(iii) Inadequate security controls or 5 resources, including unremediated 6 vulnerabilities arising from foreign owner- 7 ship, control, or influence. 8 ‘‘(iv) Any other failure of controls or 9 performance of a nature so serious or com- 10 pelling as to warrant placement of the con- 11 tractor on the list. 12 ‘‘(B) DETERMINATION.—If the suspension 13 and debarment official of the Department of 14 the Air Force determines, based on evidence de- 15 scribed in any of clauses (i) through (iv) of sub- 16 paragraph (A), that the ability of a contractor 17 to responsibly perform is meaningfully im- 18 paired, the official shall place the contractor on 19 the list established under subsection (a). 20 ‘‘(C) POLICIES.—The suspension and de- 21 barment official of the Department of the Air 22 Force shall establish written policies for the 23 consideration of contractors for placement on 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 804 •S 4638 RS the list established under subsection (a), includ- 1 ing policies that require that— 2 ‘‘(i) contractors proposed for place- 3 ment on the list shall be provided with no- 4 tice and an opportunity to respond; 5 ‘‘(ii) the basis for a final determina- 6 tion placing a contractor on the list shall 7 be documented in writing; 8 ‘‘(iii) in making a determination 9 under subparagraph (B), the suspension 10 and debarment official shall coordinate 11 with the Interagency Committee on Debar- 12 ment and Suspension constituted under 13 sections 4 and 5 of Executive Order 12549 14 (51 Fed. Reg. 6370; relating to debarment 15 and suspension); and 16 ‘‘(iv) on request by a contractor, the 17 contractor shall be removed from the list if 18 the suspension and debarment official de- 19 termines that there is evidence that the 20 issue resulting in placement on the list has 21 been satisfactorily remediated. 22 ‘‘(c) EFFECT OF LISTING.— 23 ‘‘(1) IN GENERAL.—Contracting officers, agree- 24 ment officials, and award officials under the author- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 805 •S 4638 RS ity of the Space Service Acquisition Executive may 1 not solicit an offer from, award a contract to, con- 2 sent to a subcontract with, execute a nonprocure- 3 ment transaction with, or exercise an option on any 4 space procurement or nonprocurement transaction 5 within the Department of the Air Force with an en- 6 tity included on the list established under subsection 7 (a), unless the Space Service Acquisition Executive 8 makes a written determination that there is a com- 9 pelling reason to do so. 10 ‘‘(2) NOTIFICATION.—Not later than 10 days 11 after such a determination is made, the Space Serv- 12 ice Acquisition Executive shall notify the congres- 13 sional defense committees, the intelligence commit- 14 tees (as defined in section 3 of the National Security 15 Act of 1947 (50 U.S.C. 3003)), and the Director of 16 National Intelligence of the determination. 17 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 18 tion shall be construed as preventing the suspension or 19 debarment of a contractor, but inclusion on the list estab- 20 lished under subsection (a) shall not be construed as a 21 punitive measure or de facto suspension or debarment of 22 a contractor.’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 806 •S 4638 RS SEC. 1502. EXTENSION AND MODIFICATION OF CERTIFI- 1 CATIONS REGARDING INTEGRATED TAC- 2 TICAL WARNING AND ATTACK ASSESSMENT 3 MISSION OF THE DEPARTMENT OF THE AIR 4 FORCE. 5 Section 1666 of the National Defense Authorization 6 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 7 2617) is amended— 8 (1) in subsection (a), in the matter preceding 9 paragraph (1)— 10 (A) by striking ‘‘2026’’ and inserting 11 ‘‘2030’’; and 12 (B) by striking ‘‘the Commander of the 13 United States Strategic Command’’ and insert- 14 ing ‘‘the Under Secretary of Defense for Acqui- 15 sition and Sustainment, the Commander of the 16 United States Strategic Command,’’; 17 (2) by amending subsection (b) to read as fol- 18 lows: 19 ‘‘(b) INABILITY TO CERTIFY.—If the Commander of 20 the United States Space Command does not make a cer- 21 tification under subsection (a) by March 31 of any year 22 in which a certification is required under such subsection, 23 the Secretary of the Air Force shall— 24 ‘‘(1) not later than June 30 of that year, con- 25 solidate all terrestrial and aerial components of the 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 807 •S 4638 RS integrated tactical warning and attack assessment 1 system of the Department of the Air Force that are 2 survivable and endurable under the major command 3 of the Department of the Air Force commanded by 4 the single general officer that is responsible for all 5 aspects of the Department of the Air Force nuclear 6 mission, as described by Air Force Program Action 7 Directive D16–01, dated August 2, 2016; and 8 ‘‘(2) not later than April 30 of that year, sub- 9 mit to the Secretary of Defense and the congres- 10 sional defense committees a report describing a plan 11 to achieve such certification, and the status of pro- 12 grams and plans to meet the requirements of Presi- 13 dential directives and Department of Defense poli- 14 cies applicable to integrated tactical warning and at- 15 tack assessment systems that are survivable and en- 16 durable.’’; 17 (3) by redesignating subsection (c) as sub- 18 section (d); and 19 (4) by inserting after subsection (b) the fol- 20 lowing new subsection (c): 21 ‘‘(c) WAIVER AUTHORITY.—The Secretary of De- 22 fense may waive the requirement of paragraph (1) of sub- 23 section (b), if the Secretary certifies to the congressional 24 defense committees that— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 808 •S 4638 RS ‘‘(1) the plan described in paragraph (2) of that 1 subsection is sufficient to ensure that the Depart- 2 ment of the Air Force is able to satisfy the criteria 3 under subsection (a); 4 ‘‘(2) resourcing for executing such plan shall be 5 addressed, to the maximum extent possible, within 6 the current fiscal year; and 7 ‘‘(3) any additional resources necessary to exe- 8 cute such plan shall be included in future budgetary 9 requests of the Department of Defense.’’. 10 SEC. 1503. MODIFICATION OF MILESTONE DECISION AU- 11 THORITY FOR SPACE-BASED GROUND AND 12 AIRBORNE MOVING TARGET INDICATION SYS- 13 TEMS. 14 Section 1684(b) of the National Defense Authoriza- 15 tion Act for Fiscal Year 2024 (Public Law 118–31; 137 16 Stat. 618; 10 U.S.C. 2271 note) is amended— 17 (1) by striking ‘‘Milestone A’’ and inserting 18 ‘‘Milestone B’’; 19 (2) by striking ‘‘The Secretary of the Air 20 Force’’ and inserting the following: 21 ‘‘(1) IN GENERAL.—The Secretary of the Air 22 Force’’; and 23 (3) by adding at the end the following new 24 paragraph (2): 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 809 •S 4638 RS ‘‘(2) APPOINTMENT OF PROGRAM EXECUTIVE 1 OFFICER.—The service acquisition executive for the 2 Air Force for space systems and programs shall ap- 3 point a program executive officer, and designate an 4 office, for the acquisition of space-based air and 5 moving target indication.’’. 6 SEC. 1504. SPACE FORCE SATELLITE GROUND SYSTEMS. 7 (a) IN GENERAL.—Chapter 135 of title 10, United 8 States Code, is amended by striking section 2275 and in- 9 serting the following new section 2275: 10 ‘‘§ 2275. Space Force satellite ground systems 11 ‘‘(a) IN GENERAL.—The Assistant Secretary of the 12 Air Force for Space Acquisitions and Integration, acting 13 as the service acquisition executive for the Air Force for 14 space systems and programs, shall not permit a launch 15 associated with a Space Force satellite acquisition pro- 16 gram unless the associated ground systems and modifica- 17 tions are completed and ready for operation so that the 18 applicable satellite capabilities may be used on completion 19 of such launch. 20 ‘‘(b) WAIVER.— 21 ‘‘(1) IN GENERAL.—The Secretary of the Air 22 Force may waive subsection (a) if the Secretary de- 23 termines that such a launch is necessary for reasons 24 of national security. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 810 •S 4638 RS ‘‘(2) NOTIFICATION.—Not later than 10 days 1 after making a determination for purposes of para- 2 graph (1) that such a launch is necessary for rea- 3 sons of national security, the Secretary of the Air 4 Force shall notify the congressional defense commit- 5 tees of such determination.’’. 6 (b) CLERICAL AMENDMENT.—The table of sections 7 for chapter 135 of title 10, United States Code, is amend- 8 ed by striking the item relating to section 2275 and insert- 9 ing the following new item: 10 ‘‘2275. Space Force satellite ground systems.’’. SEC. 1505. MODIFICATION OF NOTIFICATION OF FOREIGN 11 INTERFERENCE OF NATIONAL SECURITY 12 SPACE. 13 Section 2278 of title 10, United States Code, is 14 amended— 15 (1) in subsection (a)— 16 (A) by redesignating paragraphs (1) and 17 (2) as subparagraphs (A) and (B), respectively; 18 (B) in the matter preceding subparagraph 19 (A), as redesignated— 20 (i) by inserting ‘‘critical’’ before ‘‘na- 21 tional security space capability’’; and 22 (ii) by striking ‘‘The Commander of 23 the United States Space Command’’ and 24 inserting ‘‘(1) Except as provided by para- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 811 •S 4638 RS graph (2), the Commander of the United 1 States Space Command’’; and 2 (C) by adding at the end the following new 3 paragraph (2): 4 ‘‘(2) With respect to intentional attempts by a foreign 5 actor to disrupt, degrade, or destroy a United States crit- 6 ical national security space capability that are continuous 7 or repetitive in nature, the Commander of the United 8 States Space Command shall— 9 ‘‘(A) provide the notice described in paragraph 10 (1) with respect to the first attempt by such foreign 11 actor; and 12 ‘‘(B) not later than the tenth day of each cal- 13 endar month, provide to the appropriate congres- 14 sional committees a consolidated notice of such in- 15 terference that occurred during the preceding cal- 16 endar month.’’; and 17 (2) in subsection (c), by amending paragraphs 18 (1) and (2) to read as follows: 19 ‘‘(1) the Committee on Armed Services, the 20 Committee on Appropriations, and the Select Com- 21 mittee on Intelligence of the Senate; and 22 ‘‘(2) the Committee on Armed Services, the 23 Committee on Appropriations, and the Permanent 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 812 •S 4638 RS Select Committee on Intelligence of the House of 1 Representatives.’’. 2 SEC. 1506. COMMERCIAL AUGMENTATION SPACE RESERVE 3 PROGRAM. 4 (a) ESTABLISHMENT.— 5 (1) IN GENERAL.—Part IV of subtitle D of title 6 10, United States Code, is amended by inserting 7 after chapter 961 the following new chapter: 8 ‘‘CHAPTER 962—COMMERCIAL AUGMENTA- 9 TION SPACE RESERVE PROGRAM 10 ‘‘Sec. ‘‘9521. Definitions. ‘‘9522. Establishment. ‘‘§ 9521. Definitions 11 ‘‘In this chapter: 12 ‘‘(1) CITIZEN OF THE UNITED STATES.—The 13 term ‘citizen of the United States’ means— 14 ‘‘(A) an individual who is a citizen of the 15 United States; 16 ‘‘(B) a partnership each partner of which 17 is an individual who is a citizen of the United 18 States; and 19 ‘‘(C) a corporation or association organized 20 under the laws of — 21 ‘‘(i) the United States; or 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 813 •S 4638 RS ‘‘(ii) a State, the District of Colum- 1 bia, or a territory or possession of the 2 United States. 3 ‘‘(2) COMMERCIAL AUGMENTATION SPACE RE- 4 SERVE.—The term ‘Commercial Augmentation 5 Space Reserve’ means the space products or serv- 6 ices— 7 ‘‘(A) allocated, or identified for allocation, 8 to the Department of Defense under section 9 101 of the Defense Production Act of 1950 (50 10 U.S.C. 4511); or 11 ‘‘(B) made available, or agreed to be made 12 available, for use by the Department of Defense 13 pursuant to a contract entered into under this 14 title, as part of the program established under 15 section 9522. 16 ‘‘(3) CONTRACTOR.—The term ‘contractor’ 17 means a citizen of the United States who— 18 ‘‘(A)(i) owns or controls, or will own or 19 control, a space product or service; and 20 ‘‘(ii) contracts with the Secretary under 21 section 9522; 22 ‘‘(B) subsequently obtains ownership or 23 control of a space product or service covered by 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 814 •S 4638 RS such a contract and assumes all existing obliga- 1 tions under that contract; or 2 ‘‘(C)(i) owns or controls, or will own or 3 control, a space product or service; and 4 ‘‘(ii) by contract, commits some or all of 5 the space product or service to the Commercial 6 Augmentation Space Reserve. 7 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 8 the Secretary of Defense. 9 ‘‘(5) SPACE PRODUCT OR SERVICE.—The term 10 ‘space product or service’ means a commercial prod- 11 uct or commercial service (as such terms are defined 12 in section 2.101 of the Federal Acquisition Regula- 13 tion), or a noncommercial product or noncommercial 14 service offered by a commercial company, that oper- 15 ates to, through, or from space, including any re- 16 quired terrestrial ground, support, and network sys- 17 tem and associated service that may be used to sup- 18 port a military function or mission. 19 ‘‘§ 9522. Establishment 20 ‘‘(a) IN GENERAL.—The Secretary may establish a 21 program to integrate and augment the space-based capa- 22 bility of the Department of Defense through the use of 23 space products or services from the Commercial Aug- 24 mentation Space Reserve, to be known as the ‘Commercial 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 815 •S 4638 RS Augmentation Space Reserve Program’ (referred to in this 1 section as the ‘Program’). 2 ‘‘(b) AUTHORITY TO CONTRACT.—To the extent that 3 funds are otherwise available for obligation, the Secretary 4 may enter into a contract with any contractor for space 5 products or services in support of the Program, subject 6 to the establishment of and compliance with any required 7 mitigation measure under the National Industrial Security 8 Program. 9 ‘‘(c) COMMITMENT OF SPACE PRODUCTS OR SERV- 10 ICES AS A BUSINESS FACTOR.—In determining the 11 amounts to be paid to, and the quantity of space products 12 or services to be provided by, a specific contractor, the 13 Secretary may consider the relative quantity of space 14 products or services committed to the Commercial Aug- 15 mentation Space Reserve by all contractors. 16 ‘‘(d) REGULATIONS.—The Secretary may— 17 ‘‘(1) prescribe regulations to carry out sub- 18 sections (a) and (b); and 19 ‘‘(2) exclude from the applicability of such reg- 20 ulations any contract for space products or services 21 made through the use of competitive procedures.’’. 22 (2) CLERICAL AMENDMENT.—The table of 23 chapters for part IV of subtitle D of title 10, United 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 816 •S 4638 RS States Code, is amended by inserting after the item 1 relating to chapter 961 the following new item: 2 ‘‘962. Commercial Augmentation Space Reserve Program 9521’’. (b) STUDY AND REPORT ON FINANCIAL PROTECTION 3 FOR CONTRACTORS PROVIDING SUPPORT SERVICES FOR 4 DEPARTMENT OF DEFENSE SPACE OPERATIONS AND AC- 5 TIVITIES.— 6 (1) STUDY.—Not later than 60 days after the 7 date of the enactment of this Act, the Secretary of 8 the Air Force, in coordination with the Secretary of 9 Defense, shall seek to enter into an agreement with 10 a federally funded research and development center 11 with expertise in commercial insurance relating to 12 space to conduct a study on— 13 (A) the availability and adequacy of com- 14 mercial insurance to protect the financial inter- 15 ests of contractors providing support services to 16 the Department of Defense for space operations 17 and activities, taking into account anticipated 18 risks that may arise from such support; 19 (B) the adequacy of existing available legal 20 authorities allowing for United States Govern- 21 ment protection of such interests in the event 22 that commercial space insurance is not available 23 or not available on reasonable terms; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 817 •S 4638 RS (C) potential options for Government-pro- 1 vided insurance similar to existing aviation and 2 maritime programs under titles 49 and 46 of 3 the United States Code, respectively. 4 (2) REPORT.—Not later than March 31, 2025, 5 the Secretary of the Air Force shall submit to the 6 congressional defense committees a report on the re- 7 sults of the study required by paragraph (1), includ- 8 ing any additional comment by the Secretary on 9 such results. 10 SEC. 1507. DESIGNATION OF PROGRAM EXECUTIVE OFFI- 11 CER FOR SPACE COMMAND, CONTROL, AND 12 INTEGRATION. 13 (a) IN GENERAL.—Not later than 30 days after the 14 date of the enactment of this Act, the Assistant Secretary 15 of the Air Force for Space Acquisition and Integration, 16 acting as the service acquisition executive for the Air 17 Force for space systems and programs, shall designate 18 from among qualified individuals a Program Executive Of- 19 ficer for Space Command, Control, and Integration. 20 (b) DUTIES.—The Program Executive Officer for 21 Space Command, Control, and Integration shall be respon- 22 sible for managing and integrating the acquisition for 23 space command, control, and integration to meet the space 24 command, control, and integration requirements of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 818 •S 4638 RS combatant commands, including by ensuring system-level 1 integration of each of the following: 2 (1) Space domain sensors. 3 (2) Space catalog. 4 (3) Target recognition. 5 (4) Weapons system selection and control. 6 (5) Battle damage assessment. 7 (6) Associated communications among elements 8 of the space control and command architecture of 9 the Department of Defense. 10 (c) NOTIFICATION.—Not later than 10 days after the 11 date on which a designation is made under subsection (a), 12 the Assistant Secretary shall notify the congressional de- 13 fense committees of such designation. 14 (d) ANNUAL REPORT.—Concurrent with the submis- 15 sion of each budget of the President under section 1105(a) 16 of title 31, United States Code, through fiscal year 2030, 17 the Assistant Secretary, in consultation with the Com- 18 mander of the United States Space Command, shall sub- 19 mit to the congressional defense committees a report on 20 the activities of the Program Executive Officer for Space 21 Command, Control, and Integration in furtherance of 22 meeting the space command, control, and integration re- 23 quirements of the combatant commands. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 819 •S 4638 RS SEC. 1508. MODIFICATION OF QUARTERLY REPORTS ON 1 GLOBAL POSITIONING SYSTEM III SPACE 2 SEGMENT, GLOBAL POSITIONING SYSTEM 3 OPERATIONAL CONTROL SEGMENT, AND 4 MILITARY GLOBAL POSITIONING SYSTEM 5 USER EQUIPMENT ACQUISITION PROGRAMS. 6 Section 1621 of the National Defense Authorization 7 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 8 1109; 10 U.S.C. 2281 note) is amended— 9 (1) by striking subsection (c) and inserting the 10 following: 11 ‘‘(c) COMPTROLLER GENERAL REVIEW AND ASSESS- 12 MENT; BRIEFING.— 13 ‘‘(1) IN GENERAL.—The Comptroller General 14 shall— 15 ‘‘(A) review and assess the efforts of the 16 Department of the Air Force with respect to 17 Global Positioning System (GPS) modernization 18 and other positioning, navigation, and timing 19 systems; and 20 ‘‘(B) provide to the congressional defense 21 committees a briefing on— 22 ‘‘(i) the progress made by the Space 23 Force in fielding GPS military code (M- 24 code); 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 820 •S 4638 RS ‘‘(ii) the efforts the Department of the 1 Air Force has planned or made to develop 2 complementary or alternative solutions for 3 GPS M-code to obtain positioning, naviga- 4 tion, and timing information through new 5 signals, systems, and subsystems; and 6 ‘‘(iii) the extent to which the military 7 departments have developed and fielded 8 user equipment with the ability to use M- 9 code and complementary or alternative so- 10 lutions. 11 ‘‘(2) TIMING.—The Comptroller General shall 12 provide to the congressional defense committees— 13 ‘‘(A) not later than March 1, 2025, the 14 briefing required by paragraph (1)(B); 15 ‘‘(B) a report on the matters described in 16 that paragraph, to be submitted on a date 17 agreed upon at such briefing; and 18 ‘‘(C) any subsequent briefing on the mat- 19 ters described in that paragraph, as the Comp- 20 troller General considers appropriate.’’. 21 SEC. 1509. RESILIENCE OF POSITION, NAVIGATION, AND 22 TIMING TECHNOLOGIES AND SERVICES. 23 (a) IN GENERAL.—Beginning one year after the date 24 of the enactment of this Act, the Secretary of Defense 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 821 •S 4638 RS shall ensure that any position, navigation, and timing 1 technology and service procured or otherwise acquired by 2 the Department of Defense on or after the date of the 3 enactment of this Act shall have the ability to acquire, 4 track, and provide accurate position, navigation, or timing 5 information if L1 Signals and L2 Signals are jammed, 6 spoofed, blocked, or subject to harmful interference. 7 (b) RULE OF CONSTRUCTION.—Subsection (a) shall 8 not be construed to prohibit the use of any position, navi- 9 gation, and timing technology and service that is procured 10 or otherwise acquired before the date that is one year after 11 the date of the enactment of this Act. 12 (c) WAIVER.—The Secretary of the Army, the Sec- 13 retary of the Navy, and the Secretary of the Air Force 14 may each waive the requirement set forth in subsection 15 (a) if a position, navigation, or timing technology or serv- 16 ice that is procured or otherwise acquired by the Depart- 17 ment of Defense on or after the date of the enactment 18 of this Act is determined necessary for national security. 19 (d) DEFINITIONS.—In this section: 20 (1) The term ‘‘L1 Signal’’ means a signal gen- 21 erated by a global navigation satellite system in the 22 1559 to 1610 megahertz band of electromagnetic 23 spectrum. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 822 •S 4638 RS (2) The term ‘‘L2 Signal’’ means a signal gen- 1 erated by a global navigation satellite system in the 2 1227.60 megahertz band of electromagnetic spec- 3 trum. 4 (3) The term ‘‘position, navigation, and timing 5 technology and service’’ means a global navigation 6 satellite system technology and service that enables 7 positioning, navigation, and timing capabilities. 8 Subtitle B—Nuclear Forces 9 SEC. 1511. SENSE OF THE SENATE ON THE CONGRESSIONAL 10 STRATEGIC POSTURE COMMISSION. 11 (a) SENSE OF THE SENATE.—It is the sense of the 12 Senate that— 13 (1) on October 12, 2023, the Congressional 14 Commission on the Strategic Posture of the United 15 States (referred to in this section as the ‘‘Commis- 16 sion’’) released a final report entitled ‘‘America’s 17 Strategic Posture’’; 18 (2) the report, the consensus product of a 12- 19 person bipartisan commission established by section 20 1687 of the National Defense Authorization Act for 21 Fiscal Year 2022 (Public Law 117–81; 135 Stat. 22 2126) and led by the Honorable Madelyn Creedon 23 and former Senator Jon Kyl— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 823 •S 4638 RS (A) examined the latest intelligence avail- 1 able on current and projected global strategic 2 threats; 3 (B) assessed the adequacy of existing 4 United States strategies, policies, and capabili- 5 ties for addressing such threats; and 6 (C) provided a series of findings and rec- 7 ommendations, which were subsequently made 8 available to the President, Congress, and the 9 general public; 10 (3) the findings of the Commission reflect a de- 11 teriorating international security situation that is be- 12 coming far more dangerous for the United States 13 and its allies and partners; 14 (4) the rapid and unprecedented growth of the 15 nuclear arsenal of the People’s Republic of China, 16 the massive expansion of its armed forces, and its 17 increasingly aggressive stance across all domains 18 have forever altered the global balance of power; 19 (5) the Government of the Russian Federation 20 owns, and will likely maintain for the foreseeable fu- 21 ture, the largest nuclear arsenal on Earth; 22 (6) the Government of the Russian Federa- 23 tion— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 824 •S 4638 RS (A) continues to expand and diversify its 1 nuclear arsenal, air and missile defenses, and 2 space, cyber, biological, and chemical weapons 3 capabilities; and 4 (B) regularly flaunts such capabilities to 5 threaten and intimidate regional neighbors; 6 (7) continued efforts by the Democratic Peo- 7 ple’s Republic of Korea to expand and diversify its 8 nuclear arsenal, long-range missile systems, and 9 chemical and biological weapons programs and the 10 clear willingness to leverage such systems and pro- 11 grams to threaten and intimidate regional neighbors 12 poses a growing danger to stability in Northeast 13 Asia; 14 (8) the growth of the intercontinental ballistic 15 missile forces of the Democratic People’s Republic of 16 Korea presents an acute danger to the people of the 17 United States; 18 (9) the Islamic Republic of Iran is committed to 19 a long-term goal of further developing increasingly 20 destabilizing missile technologies and acquiring nu- 21 clear weapons to dominate the greater Middle East; 22 (10) taken together, such findings reflect a 23 global security environment very different from any 24 the United States has ever encountered; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 825 •S 4638 RS (11) while the United States served as a bul- 1 wark against the Soviet Union, enduring the distant 2 existential threat the Government of the Soviet 3 Union posed for decades, and defied the persistent 4 daily threat of terrorism from the earliest days of 5 the 21st century, the United States has never faced 6 a more complex set of global threats than are 7 arrayed before it as of the date of the enactment of 8 this Act; and 9 (12) the United States, in order to maintain its 10 position in the international order, must recognize 11 this new threat environment, and urgently take 12 prompt, decisive action to transform its aging array 13 of defenses, renovate long-neglected industrial capa- 14 bilities, rebuild a strong and vibrant workforce, re- 15 build allied confidence in the support and leadership 16 of the United States, and craft a common, unifying 17 vision of purpose for all United States citizens. 18 (b) STATEMENT OF POLICY.—It is the policy of the 19 United States that— 20 (1) the deterrence of strategic attacks, and in 21 particular nuclear attacks, against the United States 22 and its allies is the highest defense priority of the 23 United States; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 826 •S 4638 RS (2) the Secretary of Defense and the Secretary 1 of Energy are provided with all necessary authorities 2 and resources required to ensure the maintenance of 3 a modern, effective strategic deterrent to meet the 4 emerging suite of unprecedented strategic threats 5 against the United States. 6 SEC. 1512. REVIEW OF RECOMMENDATIONS BY THE STRA- 7 TEGIC POSTURE COMMISSION. 8 (a) IN GENERAL.—Not later than March 31, 2025, 9 the Secretary of Defense and the Secretary of Energy, act- 10 ing through the Chairman of the Nuclear Weapons Coun- 11 cil, shall submit to the congressional defense committees 12 a review of the recommendations of the report entitled 13 ‘‘America’s Strategic Posture: The Final Report of the 14 Congressional Commission on the Strategic Posture of the 15 United States’’ and dated October 2023. 16 (b) CONTENTS.—The review required by subsection 17 (a) shall include the following: 18 (1) An assessment of the extent to which imple- 19 mentation of each recommendation may contribute 20 to the deterrence of particular threats anticipated 21 within in the time frame of the report. 22 (2) A determination of whether each such rec- 23 ommendation has been or will be addressed by the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 827 •S 4638 RS Department of Defense or the Department of En- 1 ergy, and if applicable— 2 (A) how such recommendation has been or 3 will be addressed; or 4 (B) why such recommendation will not be 5 addressed. 6 (3) For each recommendation, an estimate of 7 the cost of implementation. 8 (4) A description of any anticipated impacts to 9 the Defense Industrial Base or the Nuclear Security 10 Enterprise required to support a recommendation, 11 and any projected net benefits to the economic com- 12 petitiveness of the United States. 13 (5) A description of the impact, if any, of im- 14 plementing a recommendation with respect to other 15 activities of the Department of Defense or the De- 16 partment of Energy. 17 (6) Such other information as the Chairman of 18 the Nuclear Weapons Council determines relevant to 19 the review. 20 (c) FORM.—The review required by subsection (a) 21 shall be submitted in unclassified form, but may include 22 a classified annex. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 828 •S 4638 RS SEC. 1513. MATTERS RELATING TO THE NUCLEAR-ARMED 1 SEA-LAUNCHED CRUISE MISSILE. 2 (a) JAMES M. INHOFE NATIONAL DEFENSE AU- 3 THORIZATION ACT FOR FISCAL YEAR 2023.—Section 4 1642 of the James M. Inhofe National Defense Authoriza- 5 tion Act for Fiscal Year 2023 (Public Law 117–263; 136 6 Stat. 595) is amended by striking ‘‘W80-4 warhead’’ each 7 place it appears and inserting ‘‘W80-4 ALT or an alter- 8 native warhead’’. 9 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR 10 FISCAL YEAR 2024.—Section 1640 of the National De- 11 fense Authorization Act for Fiscal Year 2024 (Public Law 12 118–31; 137 Stat. 597) is amended— 13 (1) in subsection (a)— 14 (A) in paragraph (3)— 15 (i) by striking ‘‘nuclear weapon 16 project for’’ and inserting ‘‘nuclear weapon 17 system project with’’; and 18 (ii) by inserting ‘‘(or an alternative 19 warhead in accordance subsection (e))’’ 20 after ‘‘W80–4 ALT warhead’’; 21 (B) in paragraph (4), by striking ‘‘W80–4 22 ALT’’; and inserting ‘‘nuclear weapon system’’; 23 and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 829 •S 4638 RS (C) in paragraph (5), by striking ‘‘W80–4 1 ALT nuclear weapon project’’ and inserting 2 ‘‘nuclear weapon system’’; 3 (2) in subsection (c), by striking ‘‘W80–4 ALT 4 project’’ and inserting ‘‘nuclear weapon system 5 project described in subsection (a)(3)’’; 6 (3) by redesignating subsections (e) through (g) 7 as subsections (f) through (h), respectively; and 8 (4) by inserting after subsection (d) the fol- 9 lowing new subsection (e): 10 ‘‘(e) SELECTION OF A NUCLEAR WEAPON SYSTEM 11 WITH AN ALTERNATIVE WARHEAD.— 12 ‘‘(1) BRIEFING, CERTIFICATION, AND WAITING 13 PERIOD.—For purposes of subsection (a)(3), the 14 Secretary of Defense, in coordination with the Sec- 15 retary of Energy, may carry out a nuclear weapons 16 system project with an alternative warhead to the 17 W80–4 ALT warhead, if— 18 ‘‘(A) the Secretaries jointly provide to the 19 congressional defense committees a briefing 20 that includes— 21 ‘‘(i) a description of the alternative 22 warhead to be developed under the project; 23 ‘‘(ii) an estimate and description of 24 the balance among the costs, schedule, and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 830 •S 4638 RS programmatic impacts for the research, de- 1 velopment, and production of such alter- 2 native warhead; 3 ‘‘(iii) an explanation of the reasons 4 the Secretaries intend to develop a nuclear 5 weapon system with such alternative war- 6 head instead of— 7 ‘‘(I) the W80–4 ALT warhead; 8 or 9 ‘‘(II) any other warhead options 10 that may have been considered; 11 ‘‘(iv) a written certification from the 12 Secretaries that— 13 ‘‘(I) if selected as the preferred 14 option, the nuclear weapon system 15 with the alternative warhead is ex- 16 pected— 17 ‘‘(aa) to more favorably bal- 18 ance cost, schedule, and pro- 19 grammatic impacts than the nu- 20 clear weapons system with the 21 W80–4 ALT warhead; 22 ‘‘(bb) to enable the nuclear 23 armed, sea-launched cruise mis- 24 sile to achieve initial operational 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 831 •S 4638 RS capability faster than directed by 1 subsection (b); and 2 ‘‘(cc) to enable a more mili- 3 tary effective nuclear armed, sea- 4 launched cruise missile than 5 would otherwise be achievable 6 using the W80–4 ALT warhead; 7 and 8 ‘‘(II) any funds required for such 9 alternative warhead will be included in 10 the materials submitted by the Secre- 11 taries in support of the budget of the 12 President (as submitted to Congress 13 pursuant to section 1105 of title 31, 14 United States Code) for fiscal year 15 2026 and each fiscal year thereafter 16 until the selected warhead achieves 17 full operational capability, as deter- 18 mined by the Commander of United 19 States Strategic Command; and 20 ‘‘(B) a period of 45 days has elapsed fol- 21 lowing the date on which such briefing was pro- 22 vided. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 832 •S 4638 RS ‘‘(2) FORM OF BRIEFING.—The briefing under 1 paragraph (1)(A) may be submitted in classified 2 form.’’. 3 (c) ESTABLISHMENT OF PROGRAM ELEMENT.—Be- 4 ginning on the date of the submission of the budget of 5 the President for fiscal year 2026 in accordance with sec- 6 tion 1105(a) of title 31, United States Code, the Secretary 7 of the Navy shall— 8 (1) establish a separate, dedicated program ele- 9 ment for the development of a nuclear-armed, sea- 10 launched cruise missile within the budget program 11 elements for Navy Strategic Systems Programs; and 12 (2) ensure that all Navy activities in support of 13 such acquisition are executed within such program 14 element. 15 (d) FUNDING LIMITATION.—Of the funds authorized 16 to be appropriated by this Act for fiscal year 2025 for 17 operations and maintenance, Navy, and made available to 18 the Secretary of the Navy for the travel of persons, not 19 more than 50 percent may be obligated or expended until 20 the date on which the Secretary of the Navy submits to 21 the congressional defense committees a certification that 22 the Department of the Navy— 23 (1) has established and staffed a program office 24 for the development of a nuclear-armed, sea- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 833 •S 4638 RS launched cruise missile required by section 1640 of 1 the National Defense Authorization Act for fiscal 2 year 2024 (Public Law 118–31); and 3 (2) is taking the steps required to comply with 4 the direction promulgated by Under Secretary of De- 5 fense for Acquisition and Sustainment memo- 6 randum, ‘‘Nuclear-Armed, Sea-Launched Cruise 7 Missile Program Material Development Decision Ac- 8 quisition Memorandum,’’ dated March 21, 2024. 9 SEC. 1514. ASSESSMENT OF UPDATED FORCE SIZING RE- 10 QUIREMENTS. 11 (a) IN GENERAL.—Not later than one year after the 12 date of the enactment of this Act, the Secretary of Defense 13 and the Chairman of the Joint Chiefs of Staff shall submit 14 to the congressional defense committees a strategy that 15 enables the United States to concurrently— 16 (1) achieve the nuclear employment objectives 17 of the President against any adversary that conducts 18 a strategic attack against the United States or its 19 allies; 20 (2) hold at risk all classes of adversary targets 21 described in the nuclear weapons employment guid- 22 ance issued by the President as of the date of the 23 enactment of this Act; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 834 •S 4638 RS (3) defend against simultaneous aggression by 1 two near-peer nuclear-armed competitors; and 2 (4) provide a credible defense against limited 3 long-range strikes against the United States home- 4 land. 5 (b) ELEMENTS.—The strategy required by subsection 6 (a) shall include the following elements: 7 (1) An assessment of the quantities and types 8 of forces necessary to implement such strategy. 9 (2) Pursuant to section 491 of title 10, United 10 States Code, a description of the classes of targets 11 necessary to hold at risk via nuclear forces in order 12 to achieve the requirements of the United States 13 Strategic Command and the deterrence and assur- 14 ance objectives of the United States. 15 (3) A projection of the planned growth in po- 16 tential target quantities due to the expansion and di- 17 versification of likely adversary capabilities during 18 the period beginning on the date of the enactment 19 of this Act and ending on the date that is 10 years 20 after the date of the enactment of this Act. 21 (4) A comparison of the quantities and various 22 employment options available in the nuclear weapons 23 stockpile of the United States since January 1, 24 1991, and options that are expected to be available 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 835 •S 4638 RS during the period beginning on the date of the en- 1 actment of this Act and ending on the date that is 2 10 years after the date of the enactment of this Act. 3 (5) An assessment of the impact of delays in 4 ongoing or planned modernization of nuclear, missile 5 defense, space, or conventional long-range strike pro- 6 grams of the United States. 7 (6) Any other factors the Secretary or the 8 Chairman believe pertinent for assessing force sizing 9 requirements. 10 (c) FORM.—The strategy required by subsection (a) 11 shall be submitted in classified form and shall include a 12 unclassified summary. 13 SEC. 1515. PROHIBITION ON REDUCTION OF INTERCONTI- 14 NENTAL BALLISTIC MISSILES OF THE UNITED 15 STATES. 16 (a) PROHIBITION.—Except as provided in subsection 17 (b), none of the funds authorized to be appropriated by 18 this Act for fiscal year 2025 for the Department of De- 19 fense may be obligated or expended for the following, and 20 the Department may not otherwise take any action to do 21 the following: 22 (1) Reduce, or prepare to reduce, the respon- 23 siveness or alert level of the intercontinental ballistic 24 missiles of the United States. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 836 •S 4638 RS (2) Reduce, or prepare to reduce, the quantity 1 of deployed intercontinental ballistic missiles of the 2 United States to a number less than 400. 3 (b) EXCEPTION.—The prohibition in subsection (a) 4 shall not apply to any of the following activities: 5 (1) The maintenance or sustainment of inter- 6 continental ballistic missiles. 7 (2) Ensuring the safety, security, or reliability 8 of intercontinental ballistic missiles. 9 (3) Facilitating the transition from the LGM- 10 30G Minuteman III intercontinental ballistic missile 11 to the LGM-35A Sentinel intercontinental ballistic 12 missile. 13 SEC. 1516. PREPARATIONS FOR POSSIBLE DEPLOYMENT OF 14 ADDITIONAL INTERCONTINENTAL BALLISTIC 15 MISSILES. 16 (a) ACTIVATION PLAN.—Not later than 120 days 17 after the date of the enactment of this Act, the Secretary 18 of the Air Force, in coordination with the Under Secretary 19 of Defense for Acquisition and Sustainment and the Com- 20 mander of United States Strategic Command, shall de- 21 velop a plan for deploying up to 450 Sentinel interconti- 22 nental ballistic missiles during the planned life of the Sen- 23 tinel intercontinental ballistic missile weapon system. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 837 •S 4638 RS (b) ALTERNATIVE ACQUISITION STRATEGY.—In de- 1 veloping the plan required by subsection (a), the Secretary 2 shall direct the Program Executive Officer for Interconti- 3 nental Ballistic Missiles to prepare an alternative acquisi- 4 tion strategy for the Sentinel intercontinental ballistic mis- 5 sile weapon system that accommodates the deployment of 6 up to 450 Sentinel intercontinental ballistic missiles, 7 which shall include— 8 (1) a plan to procure booster sets that will ac- 9 commodate the continuous deployment of 450 Sen- 10 tinel intercontinental ballistic missiles during the 11 planned life of the system and satisfy anticipated 12 testing requirements; 13 (2) a plan develop and to procure reentry vehi- 14 cles necessary to support the planned life of the 15 weapon system and satisfy anticipated testing re- 16 quirements; 17 (3) a plan develop and to procure counter- 18 measures to support the deployment of 450 Sentinel 19 intercontinental ballistic missiles during the planned 20 life of the system and satisfy anticipated testing re- 21 quirements; 22 (4) a plan to procure ground support and main- 23 tenance equipment to support the deployment of 450 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 838 •S 4638 RS Sentinel intercontinental ballistic missiles during the 1 planned life of the system; and 2 (5) recommendations for adjustments to the 3 baseline acquisition strategy as the Program Execu- 4 tive Officer determines necessary to achieve the plan 5 required by subsection (a). 6 (c) REPORT REQUIRED.—Not later than 30 days 7 after the development of the plan required by subsection 8 (a), the Secretary of the Air Force shall submit to the 9 congressional defense committees a report containing a 10 summary of the plan and initial acquisition cost estimates 11 and timelines for executing the plan. 12 (d) CONGRESSIONAL DEFENSE COMMITTEES DE- 13 FINED.—In this section, the term ‘‘congressional defense 14 committees’’ means— 15 (1) the Committee on Armed Services and the 16 Committee on Appropriations of the Senate; and 17 (2) the Committee on Armed Services and the 18 Committee on Appropriations of the House of Rep- 19 resentatives. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 839 •S 4638 RS SEC. 1517. PERIODIC UPDATES ON THE PILOT PROGRAM 1 ON DEVELOPMENT OF REENTRY VEHICLES 2 AND RELATED SYSTEMS. 3 Section 1645 of the National Defense Authorization 4 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 5 598) is amended by— 6 (1) redesignating subsection (d) as subsection 7 (e); and 8 (2) inserting after subsection (c) the following 9 new subsection (d): 10 ‘‘(d) PERIODIC UPDATES.—Not later than March 1 11 of any year in which the Secretary commences carrying 12 out a pilot program under this section, and not later than 13 each of March 1 and September 1 of each year of the pilot 14 program thereafter, the Secretary shall provide to the con- 15 gressional defense committees a briefing on the activities 16 of the pilot program described in subsection (a).’’. 17 SEC. 1518. PERIODIC UPDATES ON THE MODERNIZATION 18 OF THE STRATEGIC AUTOMATED COMMAND 19 AND CONTROL SYSTEM. 20 Section 1644 of the National Defense Authorization 21 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 22 598) is amended by adding at the end the following sub- 23 section: 24 ‘‘(c) PERIODIC UPDATES.—Beginning not later than 25 March 1, 2025, and not later than each of March 1 and 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 840 •S 4638 RS September 1 annually thereafter, the Secretary of the Air 1 Force shall provide to the congressional defense commit- 2 tees a briefing on the progress of the modernization effort 3 described in subsection (a).’’. 4 SEC. 1519. AVAILABILITY OF AIR FORCE PROCUREMENT 5 FUNDS FOR HEAT SHIELD MATERIAL FOR 6 MK21A REENTRY VEHICLE. 7 The Secretary of the Air Force may enter into con- 8 tracts for the life-of-program procurement of heat shield 9 material and related processing activities for the Mk21A 10 Reentry Vehicle program. 11 SEC. 1520. LIMITATION ON AVAILABILITY OF FUNDS PEND- 12 ING SUBMISSION OF PLAN FOR DECREASING 13 THE TIME TO UPLOAD ADDITIONAL WAR- 14 HEADS TO THE INTERCONTINENTAL BAL- 15 LISTIC MISSILE FLEET. 16 Of the funds authorized to be appropriated by this 17 Act for fiscal year 2025 for operation and maintenance, 18 Air Force, and available for the Secretary of the Air Force 19 for the travel of persons, not more than 70 percent may 20 be obligated or expended until the date on which the Sec- 21 retary of the Air Force submits the plan required by sec- 22 tion 1650 of the National Defense Authorization Act for 23 Fiscal Year 2024 (Public Law 118–31; 137 Stat. 601). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 841 •S 4638 RS SEC. 1521. LIMITATION ON AVAILABILITY OF FUNDS PEND- 1 ING SUBMISSION OF INFORMATION ON OP- 2 TIONS FOR ENHANCING NATIONAL NUCLEAR 3 SECURITY ADMINISTRATION ACCESS TO THE 4 DEFENSE INDUSTRIAL BASE. 5 Of the funds authorized to be appropriated by this 6 Act for fiscal year 2025 for operation and maintenance, 7 defense-wide, and available to the Office of the Assistant 8 Secretary of Defense for Industrial Base Policy for the 9 travel of persons, not more than 80 percent may be obli- 10 gated or expended until the date on which the Assistant 11 Secretary provides the briefing on options for enhancing 12 National Nuclear Security Administration access to the 13 defense industrial base required on page 389 of Senate 14 Report 118–58, accompanying S.2226 (118th Congress). 15 SEC. 1522. PLAN FOR OPERATIONAL BED DOWN OF THE 16 LONG RANGE STANDOFF WEAPON. 17 (a) PLAN.—Not later than 90 days after the date of 18 the enactment of this Act, the Secretary of the Air Force, 19 in coordination with the Commander of United States 20 Strategic Command and the Commander of Air Force 21 Global Strike Command, shall submit to the congressional 22 defense committees a plan that outlines the planned activi- 23 ties and resource timing for ensuring not fewer than two 24 Air Force bomber wings will be prepared to operate, main- 25 tain, store, and secure the Long Range Standoff Weapon 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 842 •S 4638 RS (LRSO) by the date upon which initial operational capa- 1 bility is declared for the LRSO. 2 (b) BRIEFING.—Not later than 30 days after the sub- 3 mission of the plan required by subsection (a), the Sec- 4 retary of the Air Force shall brief the congressional de- 5 fense committees on the actions being pursued to imple- 6 ment the plan. 7 SEC. 1523. EXPANSION OF PILOT PROGRAM ON DEVELOP- 8 MENT OF REENTRY VEHICLES AND RELATED 9 SYSTEMS. 10 Section 1645 of the National Defense Authorization 11 Act for Fiscal Year 2024 (Public Law 118–31) is amend- 12 ed— 13 (a) in subsection (a)— 14 (1) by striking, ‘‘The Secretary of the Air 15 Force’’ and inserting, ‘‘The Secretary of the Army, 16 the Secretary of the Navy, and the Secretary of the 17 Air Force, acting jointly or separately,’’; 18 (2) by redesignating paragraphs (2) and (3) as 19 paragraphs (3) and (4), respectively; 20 (3) by inserting after paragraph (1) the fol- 21 lowing new paragraph (2): 22 ‘‘(2) expand the availability of operationally 23 qualifiable vendors within the defense industrial 24 base;’’; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 843 •S 4638 RS (4) by striking, ‘‘reentry vehicles’’ each place it 1 appears and inserting ‘‘reentry vehicles and reentry 2 systems’’; 3 (b) in subsection (b)(1), by striking ‘‘the Secretary’’ 4 and inserting ‘‘each Secretary’’; 5 (c) by striking subsection (c) and inserting the fol- 6 lowing: 7 ‘‘(c) COORDINATION.—If the Secretary of the Army, 8 the Secretary of the Navy, or the Secretary of the Air 9 Force, acting jointly or separately, carries out a pilot pro- 10 gram under this section, such Secretary or Secretaries 11 shall ensure that the activities under the pilot program 12 are carried out in coordination with the Under Secretary 13 of Defense for Research and Engineering and the Director 14 of the Missile Defense Agency.’’; and 15 (d) in subsection (d), by striking ‘‘2029’’ and insert- 16 ing ‘‘2030’’. 17 SEC. 1524. EXPANSION OF NUCLEAR LONG RANGE STAND- 18 OFF CAPABILITY. 19 (a) IN GENERAL.—Beginning not later than 90 days 20 after the date of the enactment of this Act, the Secretary 21 of the Air Force shall initiate a program to reconvert B- 22 52 bombers that had been previously modified to carry 23 only conventional weapons to conform to the Treaty be- 24 tween the United States of America and the Russian Fed- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 844 •S 4638 RS eration on Measures for the Further Reduction and Limi- 1 tation of Strategic Offensive Arms signed on April 8, 2 2010, and entered into force on February 5, 2011 (com- 3 monly known as the ‘‘New START Treaty’’). 4 (b) CONVERSION OF B-52 BOMBERS.— 5 (1) NUCLEAR CERTIFICATION START DATE.—In 6 implementing the program described in subsection 7 (a), the Secretary shall not take any actions incon- 8 sistent with United States obligations under the 9 New START Treaty before the expiration of the 10 New START Treaty. 11 (2) COMPLETION DATE.—The Secretary shall 12 ensure that the reconversion of B-52 bombers de- 13 scribed in subsection (a) is complete by not later 14 than December 31, 2029. 15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 16 are authorized to be appropriated $4,500,000 under Air- 17 craft Procurement, Air Force, B-52, APAF, Line 21, 18 B05200 for B-52 to carry out subsection (a). 19 (d) FUNDING PROFILE FOR INCREASED PRODUC- 20 TION OF THE LONG RANGE STANDOFF WEAPON.—Not 21 later than 120 days after the date of the enactment of 22 this Act, the Secretary, in coordination with the Under 23 Secretary of Defense for Acquisition and Sustainment and 24 the Administrator for Nuclear Security, shall submit to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 845 •S 4638 RS the congressional defense committees a report on the fund- 1 ing profile necessary, by fiscal year, to expand by 1⁄3 the 2 planned procurement of the Long Range Standoff Weap- 3 on. 4 SEC. 1525. OFFICE OF THE SECRETARY OF DEFENSE MAN- 5 AGEMENT AND PROCESS IMPROVEMENTS. 6 (a) ESTABLISHMENT OF ASSISTANT SECRETARY OF 7 DEFENSE FOR NUCLEAR DETERRENCE POLICY AND PRO- 8 GRAMS.—Section 138(b)(4) of title 10, United States 9 Code, is amended to read as follows: 10 ‘‘(4)(A) One of the Assistant Secretaries is the 11 Assistant Secretary of Defense for Nuclear Deter- 12 rence Policy and Programs. The principal duty of 13 the Assistant Secretary shall be the overall super- 14 vision (including oversight of policy and resources) 15 of nuclear deterrence activities of the Department of 16 Defense. The Assistant Secretary is the principal ci- 17 vilian adviser to the Secretary of Defense on nuclear 18 deterrence policies, operations, and associated pro- 19 grams within the senior management of the Depart- 20 ment of Defense. Subject to the authority, direction, 21 and control of the Secretary of Defense, the Assist- 22 ant Secretary shall— 23 ‘‘(i) advise and assist the Secretary of 24 Defense, the Under Secretary of Defense 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 846 •S 4638 RS for Acquisition and Sustainment, and the 1 Under Secretary of Defense for Policy in 2 the development and supervision of policy, 3 program planning and execution, and allo- 4 cation and use of resources for the activi- 5 ties of the Department of Defense on all 6 matters relating to the sustainment, oper- 7 ation, and modernization of United States 8 nuclear forces; 9 ‘‘(ii) communicate views on issues 10 within the responsibility of the Assistant 11 Secretary directly to the Secretary of De- 12 fense and the Deputy Secretary of Defense 13 without obtaining the approval or concur- 14 rence of any other official within the De- 15 partment of Defense; 16 ‘‘(iii) serve as the Staff Director of 17 the Nuclear Weapons Council established 18 by section 179; 19 ‘‘(iv) serve as the principal interface 20 with the Department of Energy on issues 21 relating to nuclear fuels, and in coordina- 22 tion with the Assistant Secretary of De- 23 fense for Energy, Installations, and Envi- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 847 •S 4638 RS ronment, advise the Secretary of Defense 1 on nuclear energy matters; and 2 ‘‘(v) advise the Secretary of Defense, 3 the Under Secretary of Defense for Acqui- 4 sition and Sustainment, and the Under 5 Secretary of Defense for Policy on all mat- 6 ters relating to defending against chemical, 7 biological, and other weapons of mass de- 8 struction. 9 ‘‘(B) In the discharge of the responsibil- 10 ities specified in subparagraph (A), the Assist- 11 ant Secretary is immediately subordinate to the 12 Secretary of Defense. Unless otherwise directed 13 by the President or statute, no officer other 14 than those specified in subparagraph (A)(i) may 15 intervene to exercise authority, direction, or 16 control over the Assistant Secretary in the dis- 17 charge of such responsibilities.’’. 18 (b) MODIFICATION OF DUTIES FOR UNDER SEC- 19 RETARY OF DEFENSE FOR ACQUISITION AND 20 SUSTAINMENT.—Section 133b of title 10, United States 21 Code, is amended— 22 (1) in paragraph (5)— 23 (A) in subparagraph (B), by striking ‘‘; 24 and’’ and inserting a semicolon; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 848 •S 4638 RS (B) by adding after subparagraph (C), the 1 following: 2 ‘‘(D) chairman of the Nuclear Weapons 3 Council established by section 179; and 4 ‘‘(E) co-chairman of the Council on Over- 5 sight of the National Leadership Command, 6 Control, and Communications System estab- 7 lished by section 171a;’’; and 8 (2) by amending paragraph (6) to read as fol- 9 lows: 10 ‘‘(6) overseeing— 11 ‘‘(A) the sustainment and modernization of 12 United States nuclear forces, including the nu- 13 clear command, control, and communications 14 system; and 15 ‘‘(B) military department and Defense 16 Agency programs to develop capabilities to 17 counter weapons of mass destruction;’’. 18 (c) CONFORMING AMENDMENTS.—Section 179 of 19 title 10, United States Code, is amended by striking ‘‘Nu- 20 clear, Chemical, and Biological Defense Programs’’ each 21 place it appears and inserting ‘‘Nuclear Deterrence Policy 22 and Programs’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 849 •S 4638 RS Subtitle C—Missile Defense 1 SEC. 1531. ESTABLISHMENT OF A NATIONAL INTEGRATED 2 AIR AND MISSILE DEFENSE ARCHITECTURE 3 FOR THE UNITED STATES. 4 (a) IN GENERAL.—Not later than 180 days after the 5 date of the enactment of this Act, the Secretary of Defense 6 and the Chairman of the Joint Chiefs of Staff, in consulta- 7 tion with the Commander of the United States Northern 8 Command, the Commander of the United States Space 9 Command, and the Director of the Missile Defense Agen- 10 cy, shall develop a comprehensive integrated architecture 11 for defending the United States against all forms of mis- 12 sile attacks. 13 (b) ELEMENTS.—The architecture required by sub- 14 section (a) shall include the following elements: 15 (1) An identification of terrestrial, maritime, 16 orbital, and cyber technological capabilities to ad- 17 dress nonballistic and ballistic missile threats to the 18 United States, including the sensor, command and 19 control, and missile defeat systems that the Sec- 20 retary and Chairman determine are required for the 21 operation of an integrated missile defense architec- 22 ture for the United States during the 10 year period 23 beginning on the date of the enactment of this Act. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 850 •S 4638 RS (2) The technological requirements to ensure 1 compatibility with the integrated air and missile de- 2 fense capabilities of the North Atlantic Treaty Orga- 3 nization and integrated air and missile defense ar- 4 chitecture in the Indo-Pacific region that is under 5 development as of the date of the enactment of this 6 Act. 7 (3) An integrated, time-phased development, 8 procurement, and deployment schedule for the sys- 9 tems comprising the specified architecture. 10 (4) The development and integration risk of the 11 proposed architecture. 12 (5) The personnel required to operate the pro- 13 posed architecture, including opportunities for reduc- 14 ing the anticipated personnel requirements through 15 increased use of automation. 16 (6) Any other matters the Secretary of Defense 17 and the Chairman of the Joint Chiefs of Staff con- 18 sider appropriate. 19 (c) DESIGNATION OF OFFICIAL RESPONSIBLE FOR 20 ARCHITECTURE DEVELOPMENT.— 21 (1) DESIGNATION.—Not later than 90 days 22 after the date of the enactment of this Act, the Sec- 23 retary of Defense shall designate a senior official of 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 851 •S 4638 RS the Department of Defense who shall be responsible 1 for the architecture specified in subsection (a). 2 (2) DUTIES.—The duties of the official des- 3 ignated under paragraph (1) shall include the fol- 4 lowing: 5 (A) Designing the defensive architecture 6 for the United States. 7 (B) Overseeing development of an inte- 8 grated missile defense acquisition strategy for 9 the United States. 10 (C) Ensuring the budgets of each military 11 department and defense agency are appropriate 12 for the architecture required by subsection (a). 13 (D) Siting the integrated missile defense 14 systems comprising the architecture described 15 in subsection (a). 16 (E) Overseeing long-term acquisition and 17 sustainment of the architecture. 18 (F) Such other duties as the Secretary de- 19 termines appropriate. 20 (3) REPORT REQUIRED.—Concurrent with the 21 submission of each budget of the President under 22 section 1105(a) of title 31, United States Code, until 23 the end of the period specified in paragraph (4), the 24 official designated under paragraph (1) shall submit 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 852 •S 4638 RS to the congressional defense committees a report on 1 the actions taken by the official to carry out the du- 2 ties set forth under paragraph (2). 3 (4) TERMINATION.—The authority of this sub- 4 section shall terminate on the date that is 3 years 5 after the date on which the official designated under 6 paragraph (1) determines that the integrated missile 7 defense architecture described in subsection (a) has 8 achieved initial operational capability. 9 (d) CONGRESSIONAL DEFENSE COMMITTEES DE- 10 FINED.—In this section, the term ‘‘congressional defense 11 committees’’ means— 12 (1) the Committee on Armed Services and the 13 Committee on Appropriations of the Senate; and 14 (2) the Committee on Armed Services and the 15 Committee on Appropriations of the House of Rep- 16 resentatives. 17 SEC. 1532. REPORTING OF INCIDENTS AFFECTING THE 18 AVAILABILITY OF THE UNITED STATES 19 HOMELAND MISSILE DEFENSES. 20 (a) IN GENERAL.—The Secretary of Defense shall 21 notify the appropriate members of Congress within 24 22 hours of any incident which affects the availability or im- 23 pedes the function of the Ground-Based Midcourse De- 24 fense System in such a way as to adversely affect the capa- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 853 •S 4638 RS bility of the system to adequately respond to its oper- 1 ational mission as required by the Commander of United 2 States Northern Command. 3 (b) APPROPRIATE MEMBERS OF CONGRESS DE- 4 FINED.—For the purposes of this section, ‘‘appropriate 5 members of Congress’’ means the chairs and ranking 6 members of the congressional defense committees. 7 SEC. 1533. IRON DOME SHORT-RANGE ROCKET DEFENSE 8 SYSTEM AND ISRAELI COOPERATIVE MISSILE 9 DEFENSE PROGRAM CO-DEVELOPMENT AND 10 CO-PRODUCTION. 11 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE 12 SYSTEM.— 13 (1) AVAILABILITY OF FUNDS.—Of the funds 14 authorized to be appropriated by this Act for fiscal 15 year 2025 for procurement, Defense-wide, and avail- 16 able for the Missile Defense Agency, not more than 17 $110,000,000 may be provided to the Government of 18 Israel to procure components for the Iron Dome 19 short-range rocket defense system through co-pro- 20 duction of such components in the United States by 21 industry of the United States. 22 (2) CONDITIONS.— 23 (A) AGREEMENT.—Funds described in 24 paragraph (1) for the Iron Dome short-range 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 854 •S 4638 RS rocket defense program shall be available sub- 1 ject to the terms and conditions in the Agree- 2 ment Between the Department of Defense of 3 the United States of America and the Ministry 4 of Defense of the State of Israel Concerning 5 Iron Dome Defense System Procurement, 6 signed on March 5, 2014, as amended to in- 7 clude co-production for Tamir interceptors. 8 (B) CERTIFICATION.—Not later than 30 9 days prior to the initial obligation of funds de- 10 scribed in paragraph (1), the Under Secretary 11 of Defense for Acquisition and Sustainment 12 shall submit to the appropriate congressional 13 committees— 14 (i) a certification that the amended bi- 15 lateral international agreement specified in 16 subparagraph (A) is being implemented as 17 provided in such agreement; 18 (ii) an assessment detailing any risks 19 relating to the implementation of such 20 agreement; and 21 (iii) for system improvements result- 22 ing in modified Iron Dome components 23 and Tamir interceptor sub-components, a 24 certification that the Government of Israel 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 855 •S 4638 RS has demonstrated successful completion of 1 Production Readiness Reviews, including 2 the validation of production lines, the 3 verification of component conformance, 4 and the verification of performance to 5 specification as defined in the Iron Dome 6 Defense System Procurement Agreement, 7 as further amended. 8 (b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO- 9 GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC- 10 TION.— 11 (1) IN GENERAL.—Subject to paragraph (3), of 12 the funds authorized to be appropriated for fiscal 13 year 2025 for procurement, Defense-wide, and avail- 14 able for the Missile Defense Agency not more than 15 $40,000,000 may be provided to the Government of 16 Israel to procure the David’s Sling Weapon System, 17 including for co-production of parts and components 18 in the United States by United States industry. 19 (2) AGREEMENT.—Provision of funds specified 20 in paragraph (1) shall be subject to the terms and 21 conditions in the bilateral co-production agreement, 22 including— 23 (A) a one-for-one cash match is made by 24 Israel or in another matching amount that oth- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 856 •S 4638 RS erwise meets best efforts (as mutually agreed to 1 by the United States and Israel); and 2 (B) co-production of parts, components, 3 and all-up rounds (if appropriate) in the United 4 States by United States industry for the Da- 5 vid’s Sling Weapon System is not less than 50 6 percent. 7 (3) CERTIFICATION AND ASSESSMENT.—The 8 Under Secretary of Defense for Acquisition and 9 Sustainment shall submit to the appropriate con- 10 gressional committees— 11 (A) a certification that the Government of 12 Israel has demonstrated the successful comple- 13 tion of the knowledge points, technical mile- 14 stones, and Production Readiness Reviews re- 15 quired by the research, development, and tech- 16 nology agreement and the bilateral co-produc- 17 tion agreement for the David’s Sling Weapon 18 System; and 19 (B) an assessment detailing any risks re- 20 lating to the implementation of such agreement. 21 (c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO- 22 GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM 23 CO-PRODUCTION.— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 857 •S 4638 RS (1) IN GENERAL.—Subject to paragraph (2), of 1 the funds authorized to be appropriated for fiscal 2 year 2025 for procurement, Defense-wide, and avail- 3 able for the Missile Defense Agency not more than 4 $50,000,000 may be provided to the Government of 5 Israel for the Arrow 3 Upper Tier Interceptor Pro- 6 gram, including for co-production of parts and com- 7 ponents in the United States by United States in- 8 dustry. 9 (2) CERTIFICATION.—The Under Secretary of 10 Defense for Acquisition and Sustainment shall sub- 11 mit to the appropriate congressional committees a 12 certification that— 13 (A) the Government of Israel has dem- 14 onstrated the successful completion of the 15 knowledge points, technical milestones, and 16 Production Readiness Reviews required by the 17 research, development, and technology agree- 18 ment for the Arrow 3 Upper Tier Interceptor 19 Program; 20 (B) funds specified in paragraph (1) will 21 be provided on the basis of a one-for-one cash 22 match made by Israel or in another matching 23 amount that otherwise meets best efforts (as 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 858 •S 4638 RS mutually agreed to by the United States and 1 Israel); 2 (C) the United States has entered into a 3 bilateral international agreement with Israel 4 that establishes, with respect to the use of such 5 funds— 6 (i) in accordance with subparagraph 7 (D), the terms of co-production of parts 8 and components on the basis of the great- 9 est practicable co-production of parts, com- 10 ponents, and all-up rounds (if appropriate) 11 by United States industry and minimizes 12 nonrecurring engineering and facilitization 13 expenses to the costs needed for co-produc- 14 tion; 15 (ii) complete transparency on the re- 16 quirement of Israel for the number of 17 interceptors and batteries that will be pro- 18 cured, including with respect to the pro- 19 curement plans, acquisition strategy, and 20 funding profiles of Israel; 21 (iii) technical milestones for co-pro- 22 duction of parts and components and pro- 23 curement; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 859 •S 4638 RS (iv) a joint affordability working 1 group to consider cost reduction initiatives; 2 and 3 (v) joint approval processes for third- 4 party sales; and 5 (D) the level of co-production described in 6 subparagraph (C)(i) for the Arrow 3 Upper 7 Tier Interceptor Program is not less than 50 8 percent. 9 (d) NUMBER.—In carrying out paragraph (2) of sub- 10 section (b) and paragraph (2) of subsection (c), the Under 11 Secretary may submit— 12 (1) one certification covering both the David’s 13 Sling Weapon System and the Arrow 3 Upper Tier 14 Interceptor Program; or 15 (2) separate certifications for each respective 16 system. 17 (e) TIMING.—The Under Secretary shall submit to 18 the congressional defense committees the certification and 19 assessment under subsection (b)(3) and the certification 20 under subsection (c)(2) no later than 30 days before the 21 funds specified in paragraph (1) of subsections (b) and 22 (c) for the respective system covered by the certification 23 are provided to the Government of Israel. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 860 •S 4638 RS (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 1 FINED.—In this section, the term ‘‘appropriate congres- 2 sional committees’’ means the following: 3 (1) The congressional defense committees. 4 (2) The Committee on Foreign Relations of the 5 Senate and the 6 (3) Committee on Foreign Affairs of the House 7 of Representatives. 8 SEC. 1534. PLAN FOR COMPREHENSIVE BALLISTIC MISSILE 9 DEFENSE RADAR COVERAGE OF GUAM. 10 Not later than 90 days after the date of the enact- 11 ment of this Act, the Secretary of the Army shall, in co- 12 ordination with the Commander of United States Indo- 13 Pacific Command and the Director of the Missile Defense 14 Agency, submit to the congressional defense committees 15 a plan, including an implementation schedule— 16 (1) to provide simultaneous radar coverage of 17 ballistic missile threats against Guam from China 18 and North Korea; and 19 (2) to enable, if necessary, the effective engage- 20 ment of Terminal High Altitude Area Defense inter- 21 ceptors against incoming attacks on Guam. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 861 •S 4638 RS SEC. 1535. ANNUAL BRIEFING ON MISSILE DEFENSE OF 1 GUAM. 2 (a) BRIEFINGS REQUIRED.—Concurrent with the 3 first submittal to Congress of a budget pursuant to section 4 1105(a) of title 31, United States Code, after the date 5 of the enactment of this Act and with each submittal of 6 a budget to Congress pursuant to such section until the 7 Under Secretary of Defense for Acquisition and 8 Sustainment determines that the missile defense system 9 protecting Guam reaches full operational capability, the 10 Under Secretary shall provide the congressional defense 11 committees a briefing on the missile defense of Guam. 12 (b) ELEMENTS.—Each briefing provided pursuant to 13 subsection (a) shall cover the following: 14 (1) The current architecture of the missile de- 15 fense system protecting Guam as compared to the 16 prior year. 17 (2) A consolidated list of funds requested within 18 the Future Years Defense Program for the missile 19 defense of Guam as compared to the prior fiscal 20 year, including the following: 21 (A) Missile defense systems. 22 (B) Missile defense interceptors. 23 (C) Network and communications systems. 24 (D) Research, development, test, and eval- 25 uation. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 862 •S 4638 RS (E) Software development. 1 (F) Military construction. 2 (G) Operations and maintenance. 3 (H) Civilian and military personnel. 4 (I) Such other matters as the Under Sec- 5 retary considers appropriate. 6 (c) MAJOR HIGHLIGHTS.—Each briefing provided 7 pursuant to subsection (a) shall include notable highlights 8 and changes affecting the progress towards initial and full 9 operational capability of the missile defense system pro- 10 tecting Guam. 11 SEC. 1536. ESTABLISHING CAPABILITIES TO FURTHER JOR- 12 DANIAN AIR AND MISSILE DEFENSE. 13 (a) REQUIREMENT.— 14 (1) IN GENERAL.—Subject to subsection (b), 15 the Secretary of Defense shall, in coordination with 16 the Commander of Central Command, work coopera- 17 tively with the Minister of Defense of the Hashemite 18 Kingdom of Jordan to establish or further capabili- 19 ties for countering air and missile threats from Iran 20 and its terrorist proxies, including the threat from 21 unmanned aerial systems, that threaten the United 22 States, Jordan, and other allies and partners of the 23 United States. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 863 •S 4638 RS (2) PROTECTION OF SENSITIVE TECHNOLOGY 1 AND INFORMATION.—The Secretary shall ensure 2 that any activities carried out under this subsection 3 are conducted in a manner that appropriately pro- 4 tects sensitive technology and information and the 5 national security interests of the United States and 6 the Hashemite Kingdom of Jordan. 7 (b) LIMITATION AND REPORT.—Activities may not be 8 carried out under subsection (a) until after the Secretary 9 submits to the congressional defense committees a report 10 setting forth the following: 11 (1) A memorandum of agreement between the 12 United States and the Hashemite Kingdom of Jor- 13 dan regarding sharing of research and development 14 costs for the capabilities described in subparagraph 15 (A) and any supporting documents. 16 (2) A certification that the memorandum of 17 agreement— 18 (A) requires sharing of costs of projects, 19 including in-kind support, between the United 20 States and the Hashemite Kingdom of Jordan; 21 (B) establishes a framework to negotiate 22 the rights to any intellectual property developed 23 under the memorandum of agreement; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 864 •S 4638 RS (C) requires the United States Government 1 to receive semiannual reports on expenditure of 2 funds, if any, by the Government of the 3 Hashemite Kingdom of Jordan, including a de- 4 scription of what the funds have been used for, 5 when funds were expended, and an identifica- 6 tion of entities that expended the funds. 7 (c) MIDDLE EAST INTEGRATED AIR AND MISSILE 8 DEFENSE.— 9 (1) IN GENERAL.—Pursuant to section 1658 of 10 the James M. Inhofe National Defense Authoriza- 11 tion Act for Fiscal Year 2023 (Public Law 117– 12 263), the Secretary of Defense shall, in consultation 13 with the Secretary of State and with the concurrence 14 of the Hashemite Kingdom of Jordan, develop a 15 plan to bolster the participation of Jordan in a mul- 16 tinational integrated air and missile defense archi- 17 tecture to protect the people, infrastructure, and ter- 18 ritory of Jordan from cruise and ballistic missiles, 19 manned and unmanned aerial systems, and rocket 20 attacks from Iran and groups linked to Iran. 21 (2) BRIEFING.—Not later than March 1, 2025, 22 the Secretary and the Commander of United States 23 Central Command shall provide the Committee on 24 Armed Services of the Senate and the Committee on 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 865 •S 4638 RS Armed Services of the House of Representatives a 1 briefing on the progress of the Department of De- 2 fense towards bolstering the participation of Jordan 3 in a multinational integrated air and missile defense 4 architecture, and provide a list of requirements, with 5 cost estimates, for strengthening the defense of Jor- 6 dan within this architecture. 7 SEC. 1537. ORGANIZATION AND CODIFICATION OF PROVI- 8 SIONS OF LAW RELATING TO MISSILE DE- 9 FENSE. 10 (a) IN GENERAL.—Part I of subtitle A of title 10, 11 United States Code, is amended by adding at the end the 12 following new chapter: 13 ‘‘CHAPTER 26—MISSILE DEFENSE 14 ‘‘Sec. 500aa. Missile defense agency. ‘‘Sec. 500ab. Prohibitions relating to missile defense information and systems. ‘‘Sec. 500ac. Ballistic missile defense programs: program elements. ‘‘Sec. 500ad. Ballistic missile defense programs: display of amounts for re- search, development, test, and evaluation. ‘‘Sec. 500ae. Unfunded priorities of the missile defense agency: annual report. ‘‘Sec. 500af. Acquisition accountability reports on the ballistic missile defense system. ‘‘Sec. 500ag. Missile defense and defeat programs: major force program and budget assessment. ‘‘Sec. 500ah. Biannual briefing on missile defense and related activities. ‘‘Sec. 500ai. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. ‘‘Sec. 500aj. Development of space-based ballistic missile intercept layer. ‘‘Sec. 500ak. National missile defense policy. ‘‘Sec. 500al. Technical authority for integrated air and missile defense activities and programs. ‘‘Sec. 500am. Hypersonic defense capability development. ‘‘Sec. 500an. Required testing of ground-based midcourse defense element of ballistic missile defense system. ‘‘Sec. 500ao. Integration and interoperability of air and missile defense capa- bilities. ‘‘Sec. 500ap. Boost phase defense system. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 866 •S 4638 RS ‘‘Sec. 500aq. Development and deployment of multiple-object kill vehicle for missile defense of the United States Homeland. ‘‘Sec. 500ar. Development of requirements to support integrated air and missile defense capabilities. ‘‘Sec. 500as. Testing and assessment of missile defense systems prior to pro- duction and deployment. ‘‘Sec. 500at. Limitation on availability of funds for missile defense interceptors in Europe. ‘‘Sec. 500au. Policy of the United States on priorities in the development, test- ing, and fielding of missile defense capabilities. ‘‘Sec. 500av. Provision of information on flight testing of ground-based mid- course national missile defense system. ‘‘§ 500aa. Missile defense agency 1 ‘‘(a) APPOINTMENT OF DIRECTOR.—The Director of 2 the Missile Defense Agency shall be a general or flag offi- 3 cer appointed for a six-year term. 4 ‘‘(b) DEPUTY DIRECTOR.—(1) There is a Deputy Di- 5 rector of the Missile Defense Agency, who shall be ap- 6 pointed by the Secretary of Defense from among the gen- 7 eral officers on active duty in the Army, Air Force, Marine 8 Corps, or Space Force, or from among the flag officers 9 on active duty in the Navy. In selecting an individual to 10 serve as the Deputy Director, the Secretary of Defense 11 shall select an individual who serves in a different armed 12 force than the armed force in which the Director serves. 13 ‘‘(2) The Deputy Director shall be appointed for a 14 term of not fewer than two, and not more than four years. 15 ‘‘(3) The Deputy Director shall be under the author- 16 ity, direction, and control of the Director of the Missile 17 Defense Agency. 18 ‘‘(4) The Deputy Director shall— 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 867 •S 4638 RS ‘‘(A) carry out such responsibilities as may be 1 assigned by the Director; and 2 ‘‘(B) serve as acting director during periods of 3 absence by the Director, or at such times as the of- 4 fice of the Director is vacant. 5 ‘‘(c) NOTIFICATION OF CHANGES TO NON-STANDARD 6 ACQUISITION AND REQUIREMENTS PROCESSES AND RE- 7 SPONSIBILITIES.—(1) The Secretary of Defense may not 8 make any changes to the missile defense non-standard ac- 9 quisition and requirements processes and responsibilities 10 unless, with respect to those proposed changes— 11 ‘‘(A) the Secretary, without delegation, has 12 taken each of the actions specified in paragraph (2); 13 and 14 ‘‘(B) a period of 120 days has elapsed following 15 the date on which the Secretary submits the report 16 under subparagraph (C) of such paragraph. 17 ‘‘(2) If the Secretary proposes to make changes to 18 the missile defense non-standard acquisition and require- 19 ments processes and responsibilities, the Secretary shall— 20 ‘‘(A) consult with the Under Secretary of De- 21 fense for Research and Engineering, the Under Sec- 22 retary of Defense for Acquisition and Sustainment, 23 the Under Secretary of Defense for Policy, the Sec- 24 retaries of the military departments, the Chairman 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 868 •S 4638 RS of the Joint Chiefs of Staff, the Commander of the 1 United States Strategic Command, the Commander 2 of the United States Northern Command, and the 3 Director of the Missile Defense Agency, regarding 4 the changes; 5 ‘‘(B) certify to the congressional defense com- 6 mittees that the Secretary has coordinated the 7 changes with, and received the views of, the individ- 8 uals referred to in subparagraph (A); 9 ‘‘(C) submit to the congressional defense com- 10 mittees a report that contains— 11 ‘‘(i) a description of the changes, the ra- 12 tionale for the changes, and the views of the in- 13 dividuals referred to in subparagraph (A) with 14 respect to the changes; 15 ‘‘(ii) a certification that the changes will 16 not impair the missile defense capabilities of the 17 United States nor degrade the unique special 18 acquisition authorities of the Missile Defense 19 Agency; and 20 ‘‘(iii) with respect to any such changes to 21 Department of Defense Directive 5134.09, or 22 successor directive issued in accordance with 23 this subsection, a final draft of the proposed 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 869 •S 4638 RS modified directive, both in an electronic format 1 and in a hard copy format; and 2 ‘‘(D) with respect to any such changes to De- 3 partment of Defense Directive 5134.09, or successor 4 directive issued in accordance with this subsection, 5 provide to such committees a briefing on the pro- 6 posed modified directive described in subparagraph 7 (C)(iii). 8 ‘‘(3) In this subsection, the term ‘non-standard acqui- 9 sition and requirements processes and responsibilities’ 10 means the processes and responsibilities described in— 11 ‘‘(A) the memorandum of the Secretary of De- 12 fense titled ‘Missile Defense Program Direction’ 13 signed on January 2, 2002, as in effect on the date 14 of the enactment of this subsection or as modified 15 in accordance with this subsection, or any successor 16 memorandum issued in accordance with this sub- 17 section; 18 ‘‘(B) Department of Defense Directive 5134.09, 19 as in effect on the date of the enactment of this sub- 20 section (without regard to any modifications de- 21 scribed in Directive-type Memorandum 20–002 of 22 the Deputy Secretary of Defense, or any amend- 23 ments or extensions thereto made before the date of 24 such enactment), or as modified in accordance with 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 870 •S 4638 RS this subsection, or any successor directive issued in 1 accordance with this subsection; and 2 ‘‘(C) United States Strategic Command In- 3 struction 538–3 titled ‘MD Warfighter Involvement 4 Process’, as in effect on the date of the enactment 5 of this subsection or as modified in accordance with 6 this subsection, or any successor instruction issued 7 in accordance with this subsection. 8 ‘‘§ 500ab. Prohibitions relating to missile defense in- 9 formation and systems 10 ‘‘(a) CERTAIN ‘HIT-TO-KILL’ TECHNOLOGY AND TE- 11 LEMETRY DATA.—None of the funds authorized to be ap- 12 propriated or otherwise made available for any fiscal year 13 for the Department of Defense may be used to provide 14 the Russian Federation with ‘hit-to-kill’ technology and te- 15 lemetry data for missile defense interceptors or target ve- 16 hicles. 17 ‘‘(b) OTHER SENSITIVE MISSILE DEFENSE INFOR- 18 MATION.—None of the funds authorized to be appro- 19 priated or otherwise made available for any fiscal year for 20 the Department of Defense may be used to provide the 21 Russian Federation with— 22 ‘‘(1) information relating to velocity at burnout 23 of missile defense interceptors or targets of the 24 United States; or 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 871 •S 4638 RS ‘‘(2) classified or otherwise controlled missile 1 defense information. 2 ‘‘(c) EXCEPTION.—The prohibitions in subsections 3 (a) and (b) shall not apply to the United States providing 4 to the Russian Federation information regarding ballistic 5 missile early warning. 6 ‘‘(d) INTEGRATION.—None of the funds authorized to 7 be appropriated or otherwise made available for any fiscal 8 year for the Department of Defense may be obligated or 9 expended to integrate a missile defense system of the Rus- 10 sian Federation or a missile defense system of the People’s 11 Republic of China into any missile defense system of the 12 United States. 13 ‘‘§ 500ac. Ballistic missile defense programs: program 14 elements 15 ‘‘(a) PROGRAM ELEMENTS SPECIFIED BY PRESI- 16 DENT.—In the budget justification materials submitted to 17 Congress in support of the Department of Defense budget 18 for any fiscal year (as submitted with the budget of the 19 President under section 1105(a) of title 31), the amount 20 requested for activities of the Missile Defense Agency shall 21 be set forth in accordance with such program elements as 22 the President may specify. 23 ‘‘(b) SEPARATE PROGRAM ELEMENTS FOR PRO- 24 GRAMS ENTERING ENGINEERING AND MANUFACTURING 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 872 •S 4638 RS DEVELOPMENT.—(1) The Secretary of Defense shall en- 1 sure that each ballistic missile defense program that en- 2 ters engineering and manufacturing development is as- 3 signed a separate, dedicated program element. 4 ‘‘(2) In this subsection, the term ‘engineering and 5 manufacturing development’ means the period in the 6 course of an acquisition program during which the pri- 7 mary objectives are to— 8 ‘‘(A) translate the most promising design ap- 9 proach into a stable, interoperable, producible, sup- 10 portable, and cost-effective design; 11 ‘‘(B) validate the manufacturing or production 12 process; and 13 ‘‘(C) demonstrate system capabilities through 14 testing. 15 ‘‘(c) MANAGEMENT AND SUPPORT.—The amount re- 16 quested for a fiscal year for any program element specified 17 for that fiscal year pursuant to subsection (a) shall include 18 requests for the amounts necessary for the management 19 and support of the programs, projects, and activities con- 20 tained in that program element. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 873 •S 4638 RS ‘‘§ 500ad. Ballistic missile defense programs: display 1 of amounts for research, development, 2 test, and evaluation 3 ‘‘(a) REQUIREMENT.—Any amount in the budget 4 submitted to Congress under section 1105 of title 31 for 5 any fiscal year for research, development, test, and evalua- 6 tion for the integration of a ballistic missile defense ele- 7 ment into the overall ballistic missile defense architecture 8 shall be set forth under the account of the Department 9 of Defense for Defense-wide research, development, test, 10 and evaluation and, within that account, under the sub- 11 account (or other budget activity level) for the Missile De- 12 fense Agency. 13 ‘‘(b) TRANSFER CRITERIA.—(1) The Secretary of 14 Defense shall establish criteria for the transfer of respon- 15 sibility for a ballistic missile defense program from the Di- 16 rector of the Missile Defense Agency to the Secretary of 17 a military department. The criteria established for such 18 a transfer shall, at a minimum, address the following: 19 ‘‘(A) The technical maturity of the program. 20 ‘‘(B) The availability of facilities for production. 21 ‘‘(C) The commitment of the Secretary of the 22 military department concerned to procurement fund- 23 ing for that program, as shown by funding through 24 the future-years defense program and other defense 25 planning documents. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 874 •S 4638 RS ‘‘(2) The Secretary shall submit the criteria estab- 1 lished, and any modifications to those criteria, to the con- 2 gressional defense committees. 3 ‘‘(c) NOTIFICATION OF TRANSFER.—Before responsi- 4 bility for a ballistic missile defense program is transferred 5 from the Director of the Missile Defense Agency to the 6 Secretary of a military department, the Secretary of De- 7 fense shall submit to the congressional defense committees 8 notice in writing of the Secretary’s intent to make that 9 transfer. The Secretary shall include with such notice a 10 certification that the program has met the criteria estab- 11 lished under subsection (b) for such a transfer. The trans- 12 fer may then be carried out after the end of the 60-day 13 period beginning on the date of such notice. 14 ‘‘(d) CONFORMING BUDGET AND PLANNING TRANS- 15 FERS.—When a ballistic missile defense program is trans- 16 ferred from the Missile Defense Agency to the Secretary 17 of a military department in accordance with this section, 18 the Secretary of Defense shall ensure that all appropriate 19 conforming changes are made to proposed or projected 20 funding allocations in the future-years defense program 21 under section 221 of this title and other Department of 22 Defense program, budget, and planning documents. 23 ‘‘(e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, 24 AND EVALUATION.—The Secretary of Defense shall en- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 875 •S 4638 RS sure that, before a ballistic missile defense program is 1 transferred from the Director of the Missile Defense Agen- 2 cy to the Secretary of a military department, roles and 3 responsibilities for research, development, test, and eval- 4 uation related to system improvements for that program 5 are clearly delineated. 6 ‘‘§ 500ae. Unfunded priorities of the missile defense 7 agency: annual report 8 ‘‘(a) REPORTS.—Not later than 10 days after the 9 date on which the budget of the President for a fiscal year 10 is submitted to Congress pursuant to section 1105 of title 11 31, the Director of the Missile Defense Agency shall sub- 12 mit to the Secretary of Defense and the Chairman of the 13 Joint Chiefs of Staff, and to the congressional defense 14 committees, a report on the unfunded priorities of the Mis- 15 sile Defense Agency. 16 ‘‘(b) ELEMENTS.— 17 ‘‘(1) IN GENERAL.—Each report under sub- 18 section (a) shall specify, for each unfunded priority 19 covered by such report, the following: 20 ‘‘(A) A summary description of such pri- 21 ority, including the objectives to be achieved if 22 such priority is funded (whether in whole or in 23 part). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 876 •S 4638 RS ‘‘(B) The additional amount of funds rec- 1 ommended in connection with the objectives 2 under subparagraph (A). 3 ‘‘(C) Account information with respect to 4 such priority, including the following (as appli- 5 cable): 6 ‘‘(i) Line Item Number (LIN) for ap- 7 plicable procurement accounts. 8 ‘‘(ii) Program Element (PE) number 9 for applicable research, development, test, 10 and evaluation accounts. 11 ‘‘(iii) Sub-activity group (SAG) for 12 applicable operation and maintenance ac- 13 counts. 14 ‘‘(2) PRIORITIZATION OF PRIORITIES.—Each 15 report under subsection (a) shall present the un- 16 funded priorities covered by such report in order of 17 urgency of priority. 18 ‘‘(c) UNFUNDED PRIORITY DEFINED.—In this sec- 19 tion, the term ‘unfunded priority’, in the case of a fiscal 20 year, means a program, activity, or mission requirement 21 of the Missile Defense Agency that— 22 ‘‘(1) is not funded in the budget of the Presi- 23 dent for the fiscal year as submitted to Congress 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 877 •S 4638 RS pursuant to section 1105 of title 31, United States 1 Code; 2 ‘‘(2) is necessary to fulfill a requirement associ- 3 ated with an operational or contingency plan of a 4 combatant command or other validated requirement; 5 and 6 ‘‘(3) would have been recommended for funding 7 through the budget referred to in paragraph (1) by 8 the Director of the Missile Defense Agency in con- 9 nection with the budget if additional resources had 10 been available for the budget to fund the program, 11 activity, or mission requirement. 12 ‘‘§ 500af . Acquisition accountability reports on the 13 ballistic missile defense system 14 ‘‘(a) BASELINES REQUIRED.—(1) In accordance with 15 paragraph (2), the Director of the Missile Defense Agency 16 shall establish and maintain an acquisition baseline for— 17 ‘‘(A) each program element of the ballistic mis- 18 sile defense system, as specified in section 223 of 19 this title; and 20 ‘‘(B) each designated major subprogram of 21 such program elements. 22 ‘‘(2) The Director shall establish an acquisition base- 23 line required by paragraph (1) before the date on which 24 the program element or major subprogram enters— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 878 •S 4638 RS ‘‘(A) engineering and manufacturing develop- 1 ment (or its equivalent); and 2 ‘‘(B) production and deployment. 3 ‘‘(3) Except as provided by subsection (d), the Direc- 4 tor may not adjust or revise an acquisition baseline estab- 5 lished under this section. 6 ‘‘(b) ELEMENTS OF BASELINES.—Each acquisition 7 baseline required by subsection (a) for a program element 8 or major subprogram shall include the following: 9 ‘‘(1) A comprehensive schedule, including— 10 ‘‘(A) research and development milestones; 11 ‘‘(B) acquisition milestones, including de- 12 sign reviews and key decision points; 13 ‘‘(C) key test events, including ground, 14 flight, and cybersecurity tests and ballistic mis- 15 sile defense system tests; 16 ‘‘(D) delivery and fielding schedules; 17 ‘‘(E) quantities of assets planned for ac- 18 quisition and delivery in total and by fiscal 19 year; and 20 ‘‘(F) planned contract award dates. 21 ‘‘(2) A detailed technical description of— 22 ‘‘(A) the capability to be developed, includ- 23 ing hardware and software; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 879 •S 4638 RS ‘‘(B) system requirements, including per- 1 formance requirements; 2 ‘‘(C) how the proposed capability satisfies 3 a capability requirement or performance at- 4 tribute identified through— 5 ‘‘(i) the missile defense warfighter in- 6 volvement process, as governed by United 7 States Strategic Command Instruction 8 538-03, or such successor document; or 9 ‘‘(ii) processes and products approved 10 by the Joint Chiefs of Staff or Joint Re- 11 quirements Oversight Council; 12 ‘‘(D) key knowledge points that must be 13 achieved to permit continuation of the program 14 and to inform production and deployment deci- 15 sions; and 16 ‘‘(E) how the Director plans to improve 17 the capability over time. 18 ‘‘(3) A cost estimate, including— 19 ‘‘(A) a life-cycle cost estimate that sepa- 20 rately identifies the costs regarding research 21 and development, procurement, military con- 22 struction, operations and sustainment, and dis- 23 posal; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 880 •S 4638 RS ‘‘(B) program acquisition unit costs for the 1 program element; 2 ‘‘(C) average procurement unit costs and 3 program acquisition costs for the program ele- 4 ment; 5 ‘‘(D) an identification of when the docu- 6 ment regarding the program joint cost analysis 7 requirements description is scheduled to be ap- 8 proved; and 9 ‘‘(E) an explanation for why a program 10 joint cost analysis requirements description has 11 not been prepared and approved, and, if a pro- 12 gram joint cost analysis requirements descrip- 13 tion is not applicable, the rationale for such in- 14 applicability. 15 ‘‘(4) A test baseline summarizing the com- 16 prehensive test program for the program element or 17 major subprogram outlined in the integrated master 18 test plan. 19 ‘‘(c) ANNUAL REPORTS ON ACQUISITION BASE- 20 LINES.—(1) Not later than February 15 of each year, the 21 Director shall submit to the congressional defense commit- 22 tees a report on the acquisition baselines required by sub- 23 section (a). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 881 •S 4638 RS ‘‘(2)(A) The first report under paragraph (1) shall 1 set forth each acquisition baseline required by subsection 2 (a) for a program element or major subprogram. 3 ‘‘(B) Each subsequent report under paragraph (1) 4 shall include— 5 ‘‘(i) any new acquisition baselines required by 6 subsection (a) for a program element or major sub- 7 program; and 8 ‘‘(ii) with respect to an acquisition baseline that 9 was previously included in a report under paragraph 10 (1), an identification of any changes or variances 11 made to the elements described in subsection (b) for 12 such acquisition baseline, as compared to— 13 ‘‘(I) the original acquisition baseline for 14 such program element or major subprogram; 15 ‘‘(II) the acquisition baseline for such pro- 16 gram element or major subprogram that was 17 submitted in the report during the previous 18 year; and 19 ‘‘(III) the most recent adjusted or revised 20 acquisition baseline for such program element 21 or major subprogram under subsection (d). 22 ‘‘(3)(A) Each report under paragraph (1) shall in- 23 clude the total system costs for each element described in 24 subparagraph (B) that comprises the missile defense sys- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 882 •S 4638 RS tem, without regard to funding source or management 1 control (such as the Missile Defense Agency, a military 2 department, or other element of the Department of De- 3 fense). 4 ‘‘(B) The elements described in this subparagraph 5 shall include the following: 6 ‘‘(i) Research and development. 7 ‘‘(ii) Procurement. 8 ‘‘(iii) Military construction. 9 ‘‘(iv) Operations and sustainment. 10 ‘‘(v) Disposal. 11 ‘‘(4) Each report under this subsection shall be sub- 12 mitted in unclassified form, but may include a classified 13 annex. 14 ‘‘(5) In this subsection: 15 ‘‘(A) The term ‘original acquisition baseline’ 16 means, with respect to a program element or major 17 subprogram, the first acquisition baseline created for 18 the program element or major subprogram that has 19 no previous iterations and has not been adjusted or 20 revised, including any adjustments or revisions pur- 21 suant to subsection (d). 22 ‘‘(B) The term ‘total system costs’ means, with 23 respect to each element that comprises the missile 24 defense system— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 883 •S 4638 RS ‘‘(i) all combined costs from closed, can- 1 celed, and active acquisition baselines; 2 ‘‘(ii) any costs shifted to or a part of fu- 3 ture efforts without an established acquisition 4 baseline; and 5 ‘‘(iii) any costs under the responsibility of 6 a military department or other Department en- 7 tity. 8 ‘‘(d) EXCEPTION TO LIMITATION ON REVISION.— 9 The Director may adjust or revise an acquisition baseline 10 established under this section if the Director submits to 11 the congressional defense committees notification of— 12 ‘‘(1) a justification for such adjustment or revi- 13 sion; 14 ‘‘(2) the specific adjustments or revisions made 15 to the acquisition baseline, including to the elements 16 described in subsection (b); and 17 ‘‘(3) the effective date of the adjusted or revised 18 acquisition baseline. 19 ‘‘(e) OPERATIONS AND SUSTAINMENT COST ESTI- 20 MATES.—The Director shall ensure that each life-cycle 21 cost estimate included in an acquisition baseline pursuant 22 to subsection (b)(3)(A) includes— 23 ‘‘(1) all of the operations and sustainment costs 24 for which the Director is responsible; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 884 •S 4638 RS ‘‘(2) a description of the operations and 1 sustainment functions and costs for which a military 2 department is responsible; 3 ‘‘(3) the amount of operations and sustainment 4 costs (dollar value and base year) for which the mili- 5 tary department or other element of the Department 6 of Defense is responsible; and 7 ‘‘(4)(A) a citation to the source (such as a joint 8 cost estimate or one or more military department es- 9 timates) that captures the operations and 10 sustainment costs for which a military department 11 or other element of the Department of Defense is re- 12 sponsible; 13 ‘‘(B) the date the source was prepared; and 14 ‘‘(C) if and when the source was independently 15 verified by the Office for Cost Assessment and Pro- 16 gram Evaluation. 17 ‘‘§ 500ag. Missile defense and defeat programs: major 18 force program and budget assessment 19 ‘‘(a) ESTABLISHMENT OF MAJOR FORCE PRO- 20 GRAM.—The Secretary of Defense shall establish a unified 21 major force program for missile defense and defeat pro- 22 grams pursuant to section 222(b) of this title to prioritize 23 missile defense and defeat programs in accordance with 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 885 •S 4638 RS the requirements of the Department of Defense and na- 1 tional security. 2 ‘‘(b) BUDGET ASSESSMENT.—(1) The Secretary shall 3 include with the defense budget materials for each of fiscal 4 years 2019 through 2023 a report on the budget for mis- 5 sile defense and defeat programs of the Department of De- 6 fense. 7 ‘‘(2) Each report on the budget for missile defense 8 and defeat programs of the Department under paragraph 9 (1) shall include the following: 10 ‘‘(A) An overview of the budget, including— 11 ‘‘(i) a comparison between that budget, the 12 previous budget, the most recent and prior fu- 13 ture-years defense program submitted to Con- 14 gress under section 221 of this title (such com- 15 parison shall exclude the responsibility for re- 16 search and development of the continuing im- 17 provement of such missile defense and defeat 18 program), and the amounts appropriated for 19 such missile defense and defeat programs dur- 20 ing the previous fiscal year; and 21 ‘‘(ii) the specific identification, as a budg- 22 etary line item, for the funding under such pro- 23 grams. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 886 •S 4638 RS ‘‘(B) An assessment of the budget, including 1 significant changes, priorities, challenges, and risks. 2 ‘‘(C) Any additional matters the Secretary de- 3 termines appropriate. 4 ‘‘(3) Each report under paragraph (1) shall be sub- 5 mitted in unclassified form, but may include a classified 6 annex. 7 ‘‘(c) DEFINITIONS.—In this section: 8 ‘‘(1) The term ‘budget’, with respect to a fiscal 9 year, means the budget for that fiscal year that is 10 submitted to Congress by the President under sec- 11 tion 1105(a) of title 31. 12 ‘‘(2) The term ‘defense budget materials’, with 13 respect to a fiscal year, means the materials sub- 14 mitted to Congress by the Secretary of Defense in 15 support of the budget for that fiscal year. 16 ‘‘(3) The term ‘missile defense and defeat pro- 17 grams’ means active and passive ballistic missile de- 18 fense programs, cruise missile defense programs for 19 the homeland, and missile defeat programs. 20 ‘‘§ 500ah. Biannual briefing on missile defense and re- 21 lated activities 22 ‘‘(a) IN GENERAL.—On or about June 1 and Decem- 23 ber 1 of each year, the officials specified in subsection (b) 24 shall provide to the Committees on Armed Services of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 887 •S 4638 RS Senate and the House of Representatives a briefing on 1 matters relating to missile defense policies, operations, 2 technology development, and other similar topics as re- 3 quested by such committees. 4 ‘‘(b) OFFICIALS SPECIFIED.—The officials specified 5 in this subsection are the following: 6 ‘‘(1) The Assistant Secretary of Defense for Ac- 7 quisition. 8 ‘‘(2) The Assistant Secretary of Defense for 9 Space Policy. 10 ‘‘(3) The Director of the Missile Defense Agen- 11 cy. 12 ‘‘(4) The Director for Strategy, Plans, and Pol- 13 icy of the Joint Staff. 14 ‘‘(c) DELEGATION.—An official specified in sub- 15 section (b) may delegate the authority to provide a brief- 16 ing required by subsection (a) to a member of the Senior 17 Executive Service who reports to the official. 18 ‘‘(d) TERMINATION.—The requirement to provide a 19 briefing under subsection (a) shall terminate on January 20 1, 2028. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 888 •S 4638 RS ‘‘§ 500ai. Limitation on Missile Defense Agency pro- 1 duction of satellites and ground systems 2 associated with operation of such sat- 3 ellites 4 ‘‘(a) PRODUCTION OF SATELLITES AND GROUND 5 SYSTEMS.—The Director of the Missile Defense Agency 6 may not authorize or obligate funding for a program of 7 record for the production of satellites or ground systems 8 associated with the operation of such satellites. 9 ‘‘(b) PROTOTYPE SATELLITES.—(1) The Director, 10 with the concurrence of the Space Acquisition Council es- 11 tablished by section 9021 of this title, may authorize the 12 production of one or more prototype satellites, consistent 13 with the requirements of the Missile Defense Agency. 14 ‘‘(2) Not later than 30 days after the date on which 15 the Space Acquisition Council concurs with the Director 16 with respect to authorizing the production of a prototype 17 satellite under paragraph (1), the chair of the Council 18 shall submit to the congressional defense committees a re- 19 port explaining the reasons for such concurrence. 20 ‘‘(3) The Director may not obligate funds for the pro- 21 duction of a prototype satellite under paragraph (1) before 22 the date on which the Space Acquisition Council submits 23 the report for such prototype satellite under paragraph 24 (2). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 889 •S 4638 RS ‘‘§ 500aj. Development of space-based ballistic missile 1 intercept layer 2 ‘‘Subject to the availability of appropriations, the Di- 3 rector of the Missile Defense Agency shall develop a space- 4 based ballistic missile intercept layer to the ballistic mis- 5 sile defense system that is— 6 ‘‘(1) regionally focused; 7 ‘‘(2) capable of providing boost-phase defense; 8 and 9 ‘‘(3) achieves an operational capability at the 10 earliest practicable date. 11 ‘‘§ 500ak. National missile defense policy 12 ‘‘It is the policy of the United States— 13 ‘‘(1) to research, develop, test, procure, deploy, 14 and sustain, with funding subject to the annual au- 15 thorization of appropriations for National Missile 16 Defense, systems that provide effective, layered mis- 17 sile defense capabilities to defeat increasingly com- 18 plex missile threats in all phases of flight; and 19 ‘‘(2) to rely on nuclear deterrence to address 20 more sophisticated and larger quantity near-peer 21 intercontinental missile threats to the homeland of 22 the United States. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 890 •S 4638 RS ‘‘§ 500al. Technical authority for integrated air and 1 missile defense activities and programs 2 ‘‘(a) IN GENERAL.—The Director of the Missile De- 3 fense Agency is the technical authority of the Department 4 of Defense for integrated air and missile defense activities 5 and programs, including joint engineering and integration 6 efforts for such activities and programs, including with re- 7 spect to defining and controlling the interfaces of such ac- 8 tivities and programs and the allocation of technical re- 9 quirements for such activities and programs. 10 ‘‘(b) DETAILEES.—(1) In carrying out the technical 11 authority under paragraph (1), the Director may seek to 12 have staff detailed to the Missile Defense Agency from the 13 Joint Functional Component Command for Integrated 14 Missile Defense and the Joint Integrated Air and Missile 15 Defense Organization in a number the Director deter- 16 mines necessary in accordance with subparagraph (B). 17 ‘‘(2) In detailing staff under subparagraph (A) to 18 carry out the technical authority under paragraph (1), the 19 total number of staff, including detailees, of the Missile 20 Defense Agency who carry out such authority may not ex- 21 ceed the number that is twice the number of such staff 22 carrying out such authority as of January 1, 2016. 23 ‘‘§ 500am. Hypersonic defense capability development 24 ‘‘(a) EXECUTIVE AGENT.—The Director of the Mis- 25 sile Defense Agency shall serve as the executive agent for 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 891 •S 4638 RS the Department of Defense for the development of a capa- 1 bility by the United States to counter hypersonic boost- 2 glide vehicle capabilities and conventional prompt strike 3 capabilities that may be employed against the United 4 States, the allies of the United States, and the deployed 5 forces of the United States. 6 ‘‘(b) DUTIES.—In carrying out subsection (a), the 7 Director shall— 8 ‘‘(1) develop architectures for a hypersonic de- 9 fense capability, from detecting threats to inter- 10 cepting such threats, that— 11 ‘‘(A) involves systems of the military de- 12 partments and the Defense Agencies; and 13 ‘‘(B) includes both kinetic and nonkinetic 14 options for such interception; and 15 ‘‘(2) not later than September 30, 2017, estab- 16 lish a program of record to develop a hypersonic de- 17 fense capability. 18 ‘‘§ 500an. Required testing of ground-based mid- 19 course defense element of ballistic mis- 20 sile defense system 21 ‘‘(a) TESTING REQUIRED.—Except as provided in 22 subsection (c), not less frequently than once each fiscal 23 year, the Director of the Missile Defense Agency shall ad- 24 minister a flight test of the ground-based midcourse de- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 892 •S 4638 RS fense element of the ballistic missile defense system. Be- 1 ginning not later than five years after the date on which 2 the next generation interceptor achieves initial operational 3 capability, the Director shall ensure that such flight tests 4 include the next generation interceptor. 5 ‘‘(b) REQUIREMENTS.—The Director shall ensure 6 that each test carried out under subsection (a) provides 7 for one or more of the following: 8 ‘‘(1) The validation of technical improvements 9 made to increase system performance and reliability. 10 ‘‘(2) The evaluation of the operational effective- 11 ness of the ground-based midcourse defense element 12 of the ballistic missile defense system. 13 ‘‘(3) The use of threat-representative targets 14 and critical engagement conditions, including the use 15 of threat-representative countermeasures. 16 ‘‘(4) The evaluation of new configurations of 17 interceptors before they are fielded. 18 ‘‘(5) The satisfaction of the ’fly before buy’ ac- 19 quisition approach for new interceptor components 20 or software. 21 ‘‘(6) The evaluation of the interoperability of 22 the ground-based midcourse defense element with 23 other elements of the ballistic missile defense sys- 24 tems. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 893 •S 4638 RS ‘‘(c) EXCEPTIONS.—The Director may forgo a test 1 under subsection (a) in a fiscal year under one or more 2 of the following conditions: 3 ‘‘(1) Such a test would jeopardize national secu- 4 rity. 5 ‘‘(2) Insufficient time considerations between 6 post-test analysis and subsequent pre-test design. 7 ‘‘(3) Insufficient funding. 8 ‘‘(4) An interceptor is unavailable. 9 ‘‘(5) A target is unavailable or is insufficiently 10 representative of threats. 11 ‘‘(6) The test range or necessary test assets are 12 unavailable. 13 ‘‘(7) Inclement weather. 14 ‘‘(8) Any other condition the Director considers 15 appropriate. 16 ‘‘(d) CERTIFICATION.—Not later than 45 days after 17 forgoing a test for a condition or conditions under sub- 18 section (c)(8), the Under Secretary of Defense for Re- 19 search and Engineering shall submit to the congressional 20 defense committees a certification setting forth the condi- 21 tion or conditions that caused the test to be forgone under 22 such subsection. 23 ‘‘(e) REPORT.—Not later than 45 days after forgoing 24 a test for any condition specified in subsection (c), the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 894 •S 4638 RS Director shall submit to the congressional defense commit- 1 tees a report setting forth the rationale for forgoing the 2 test and a plan to restore an intercept flight test in the 3 Integrated Master Test Plan of the Missile Defense Agen- 4 cy. In the case of a test forgone for a condition or condi- 5 tions under subsection (c)(8), the report required by this 6 subsection is in addition to the certification required by 7 subsection (d). 8 ‘‘§ 500ao. Integration and interoperability of air and 9 missile defense capabilities 10 ‘‘(a) INTEROPERABILITY OF MISSILE DEFENSE SYS- 11 TEMS.—The Vice Chairman of the Joint Chiefs of Staff 12 and the chairman of the Missile Defense Executive Board 13 (pursuant to section 1681(c) of the John S. McCain Na- 14 tional Defense Authorization Act for Fiscal Year 2019 15 (Public Law 115–232), acting through the Missile Defense 16 Executive Board, shall ensure the interoperability and in- 17 tegration of the covered air and missile defense capabilities 18 of the United States, including by carrying out operational 19 testing. 20 ‘‘(b) ANNUAL DEMONSTRATION.—(1) Except as pro- 21 vided by paragraph (2), the Director of the Missile De- 22 fense Agency and the Secretary of the Army shall jointly 23 ensure that not less than one intercept or flight test is 24 carried out each year that demonstrates interoperability 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 895 •S 4638 RS and integration among the covered air and missile defense 1 capabilities of the United States. 2 ‘‘(2) The Director and the Secretary may waive the 3 requirement in paragraph (1) with respect to an intercept 4 or flight test carried out during the year covered by the 5 waiver if the chairman of the Missile Defense Executive 6 Board— 7 ‘‘(A) determines that such waiver is necessary 8 for such year; and 9 ‘‘(B) submits to the congressional defense com- 10 mittees notification of such waiver, including an ex- 11 planation for how such waiver will not negatively af- 12 fect demonstrating the interoperability and integra- 13 tion among the covered air and missile defense capa- 14 bilities of the United States. 15 ‘‘(c) DEFINITION OF COVERED AIR AND MISSILE 16 DEFENSE CAPABILITIES.—In this section, the term ‘cov- 17 ered air and missile defense capabilities’ means Patriot air 18 and missile defense batteries and associated interceptors 19 and systems, Aegis ships and associated ballistic missile 20 interceptors (including Aegis Ashore capability), AN/ 21 TPY–2 radars, or terminal high altitude area defense bat- 22 teries and interceptors. 23 ‘‘§ 500ap. Boost phase defense system 24 ‘‘The Secretary of Defense shall— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 896 •S 4638 RS ‘‘(1) prioritize technology investments in the 1 Department of Defense to support feasible and cost- 2 effective efforts by the Missile Defense Agency to de- 3 velop and field an airborne boost phase defense sys- 4 tem by not later than fiscal year 2025; 5 ‘‘(2) ensure that development and fielding of a 6 boost phase missile defense layer to the ballistic mis- 7 sile defense system supports multiple warfighter mis- 8 sile defense requirements, including, specifically, pro- 9 tection of the United States homeland and allies of 10 the United States against ballistic missiles, particu- 11 larly in the boost phase; 12 ‘‘(3) continue development and fielding of high- 13 energy lasers, electromagnetic and other railgun 14 technology, high-power microwave systems, and 15 other advanced technologies as part of a layered ar- 16 chitecture to defend ships and theater bases against 17 air and cruise missile strikes; 18 ‘‘(4) encourage collaboration among the military 19 departments and the Defense Advanced Research 20 Projects Agency with respect to high energy laser ef- 21 forts carried out in support of the Missile Defense 22 Agency; and 23 ‘‘(5) ensure cooperation and coordination be- 24 tween the Missile Defense Agency with respect to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 897 •S 4638 RS the plans of the Missile Defense Agency to develop 1 an airborne laser and the requirements of the Air 2 Force for unmanned aerial vehicles. 3 ‘‘§ 500aq. Development and deployment of multiple- 4 object kill vehicle for missile defense of 5 the United States Homeland 6 ‘‘(a) MULTIPLE-OBJECT KILL VEHICLE.— 7 ‘‘(1) DEVELOPMENT.—The Director of the Mis- 8 sile Defense Agency shall develop a highly reliable 9 multiple-object kill vehicle for the ground-based mid- 10 course defense system using sound acquisition prac- 11 tices. 12 ‘‘(2) DEPLOYMENT.—The Director shall— 13 ‘‘(A) conduct rigorous flight testing of the 14 multiple-object kill vehicle developed under 15 paragraph (1) by not later than 2020; and 16 ‘‘(B) recognizing the primacy of developing 17 the redesigned kill vehicle, produce and deploy 18 the multiple-object kill vehicle as early as prac- 19 ticable after the date on which the Director car- 20 ries out subparagraph (A). 21 ‘‘(b) CAPABILITIES AND CRITERIA.—The Director 22 shall ensure that the multiple-object kill vehicle developed 23 under subsection (a)(1) meets, at a minimum, the fol- 24 lowing capabilities and criteria: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 898 •S 4638 RS ‘‘(1) Vehicle-to-vehicle communications. 1 ‘‘(2) Vehicle-to-ground communications. 2 ‘‘(3) Kill assessment capability. 3 ‘‘(4) The ability to counter advanced counter 4 measures, decoys, and penetration aids. 5 ‘‘(5) Producibility and manufacturability. 6 ‘‘(6) Use of technology involving high tech- 7 nology readiness levels. 8 ‘‘(7) Options to be integrated onto other missile 9 defense interceptor vehicles other than the ground- 10 based interceptors of the ground-based midcourse 11 defense system. 12 ‘‘(8) Sound acquisition processes. 13 ‘‘(c) PROGRAM MANAGEMENT.—The management of 14 the multiple-object kill vehicle program under subsection 15 (a) shall report directly to the Deputy Director of the Mis- 16 sile Defense Agency. 17 ‘‘§ 500ar. Development of requirements to support in- 18 tegrated air and missile defense capabili- 19 ties 20 ‘‘(a) IN GENERAL.—Consistent with the memo- 21 randum of the Chairman of the Joint Chiefs of Staff of 22 January 27, 2014, regarding joint integrated air and mis- 23 sile defense, the Vice Chairman of the Joint Chiefs of 24 Staff shall oversee the development of warfighter require- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 899 •S 4638 RS ments for persistent and survivable capabilities to detect, 1 identify, determine the status, track, and support engage- 2 ment of strategically important mobile or relocatable as- 3 sets in all phases of conflict in order to achieve the objec- 4 tive of preventing the effective employment of such assets, 5 including through offensive actions against such assets 6 prior to their use. 7 ‘‘(b) PURPOSE OF REQUIREMENTS.—The require- 8 ments developed pursuant to subsection (a) shall be used 9 and updated, as appropriate, for the purpose of informing 10 applicable acquisition programs and systems-of-systems 11 architecture planning that are funded through the Military 12 Intelligence Program, the National Intelligence Program, 13 and non-intelligence programs. 14 ‘‘(c) SUPPORTING ACTIVITIES.—The Vice Chairman 15 shall also oversee the development of the enabling frame- 16 work for intelligence support for integrated air and missile 17 defense, including concepts for the integrated operation of 18 multiple systems, and, as appropriate, the development of 19 requirements for capabilities to be acquired to achieve 20 such integrated operations. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 900 •S 4638 RS ‘‘§ 500as. Testing and assessment of missile defense 1 systems prior to production and deploy- 2 ment 3 ‘‘(a) SUCCESSFUL TESTING REQUIRED PRIOR TO 4 FINAL PRODUCTION OR OPERATIONAL DEPLOYMENT.— 5 The Secretary of Defense may not make a final production 6 decision for, or operationally deploy, a covered system un- 7 less— 8 ‘‘(1) the Secretary ensures that— 9 ‘‘(A) sufficient and operationally realistic 10 testing of the covered system is conducted to 11 assess the performance of the covered system in 12 order to inform a final production decision or 13 an operational deployment decision; and 14 ‘‘(B) the results of such testing have dem- 15 onstrated a high probability that the covered 16 system— 17 ‘‘(i) will work in an operationally ef- 18 fective manner; and 19 ‘‘(ii) has the ability to accomplish the 20 intended mission of the covered system; 21 ‘‘(2) the Director of Operational Test and Eval- 22 uation has carried out subsection (c) with respect to 23 such covered system; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 901 •S 4638 RS ‘‘(3) the Commander of the United States Stra- 1 tegic Command has carried out subsection (d) with 2 respect to such covered system. 3 ‘‘(b) ASSESSMENT BY DIRECTOR OF OPERATIONAL 4 TEST AND EVALUATION.—The Director of Operational 5 Test and Evaluation shall— 6 ‘‘(1) provide to the Secretary the assessment of 7 the Director, based on the available test data, of the 8 sufficiency, adequacy, and results of the testing of 9 each covered system, including an assessment of 10 whether the covered system will be sufficiently effec- 11 tive, suitable, and survivable when needed; and 12 ‘‘(2) submit to the congressional defense com- 13 mittees a written summary of such assessment. 14 ‘‘(c) ASSESSMENT BY COMMANDER OF UNITED 15 STATES STRATEGIC COMMAND.—The Commander of the 16 United States Strategic Command shall— 17 ‘‘(1) provide to the Secretary a military utility 18 assessment of the operational utility of each covered 19 system; and 20 ‘‘(2) not later than 30 days after providing such 21 assessment to the Secretary, submit to the congres- 22 sional defense committees a written summary of 23 such assessment. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 902 •S 4638 RS ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 1 tion shall be construed to alter, modify, or otherwise affect 2 a determination of the Secretary with respect to the par- 3 ticipation of the Missile Defense Agency in the Joint Ca- 4 pabilities Integration Development System or the acquisi- 5 tion reporting process under the Department of Defense 6 Directive 5000 series. 7 ‘‘(e) COVERED SYSTEM.—In this section, the term 8 ‘covered system’ means a new or substantially upgraded 9 interceptor or weapon system of the ballistic missile de- 10 fense system, other than the re-designed exo-atmospheric 11 kill vehicle covered by the acquisition plan developed under 12 section 1663 of the Carl Levin and Howard P. ‘Buck’ 13 McKeon National Defense Authorization Act for Fiscal 14 Year 2015 (Public Law 113–291; 10 U.S.C. 2431 note). 15 ‘‘§ 500at. Limitation on availability of funds for mis- 16 sile defense interceptors in Europe 17 ‘‘(a) LIMITATION ON CONSTRUCTION AND DEPLOY- 18 MENT OF INTERCEPTORS.—No funds authorized to be ap- 19 propriated by the Ike Skelton National Defense Authoriza- 20 tion Act for Fiscal Year 2011 (Public Law 111–383) or 21 otherwise made available for the Department of Defense 22 for fiscal year 2011 or any fiscal year thereafter may be 23 obligated or expended for site activation, construction, or 24 deployment of missile defense interceptors on European 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 903 •S 4638 RS land as part of the phased, adaptive approach to missile 1 defense in Europe until— 2 ‘‘(1) any nation agreeing to host such system 3 has signed and ratified a missile defense basing 4 agreement and a status of forces agreement author- 5 izing the deployment of such interceptors; and 6 ‘‘(2) a period of 45 days has elapsed following 7 the date on which the Secretary of Defense submits 8 to the congressional defense committees the report 9 on the independent assessment of alternative missile 10 defense systems in Europe required by section 11 235(c)(2) of the National Defense Authorization Act 12 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 13 2235). 14 ‘‘(b) LIMITATION ON PROCUREMENT OR DEPLOY- 15 MENT OF INTERCEPTORS.—No funds authorized to be ap- 16 propriated by this Act or otherwise made available for the 17 Department of Defense for fiscal year 2011 or any fiscal 18 year thereafter may be obligated or expended for the pro- 19 curement (other than initial long-lead procurement) or de- 20 ployment of operational missiles on European land as part 21 of the phased, adaptive approach to missile defense in Eu- 22 rope until the Secretary of Defense, after receiving the 23 views of the Director of Operational Test and Evaluation, 24 submits to the congressional defense committees a report 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 904 •S 4638 RS certifying that the proposed interceptor to be deployed as 1 part of such missile defense system has demonstrated, 2 through successful, operationally realistic flight testing, a 3 high probability of working in an operationally effective 4 manner and that such missile defense system has the abil- 5 ity to accomplish the mission. 6 ‘‘(c) WAIVER.—The Secretary of Defense may waive 7 the limitations in subsections (a) and (b) if— 8 ‘‘(1) the Secretary submits to the congressional 9 defense committees written certification that the 10 waiver is in the urgent national security interests of 11 the United States; and 12 ‘‘(2) a period of seven days has elapsed fol- 13 lowing the date on which the certification under 14 paragraph (1) is submitted. 15 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 16 be construed so as to limit the obligation and expenditure 17 of funds for any missile defense activities not otherwise 18 limited by subsection (a) or (b), including, with respect 19 to the planned deployments of missile defense interceptors 20 on European land as part of the phased, adaptive ap- 21 proach to missile defense in Europe— 22 ‘‘(1) research, development, test and evaluation; 23 ‘‘(2) site surveys; 24 ‘‘(3) studies and analyses; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 905 •S 4638 RS ‘‘(4) site planning and design and construction 1 design. 2 ‘‘§ 500au. Policy of the United States on priorities in 3 the development, testing, and fielding of 4 missile defense capabilities 5 ‘‘It is the policy of the United States that the Depart- 6 ment of Defense accord a priority within the missile de- 7 fense program to the development, testing, fielding, and 8 improvement of effective near-term missile defense capa- 9 bilities, including the ground-based midcourse defense sys- 10 tem, the Aegis ballistic missile defense system, the Patriot 11 PAC-3 system, the Terminal High Altitude Area Defense 12 system, and the sensors necessary to support such sys- 13 tems. 14 ‘‘§ 500av. Provision of information on flight testing of 15 ground-based midcourse national missile 16 defense system 17 ‘‘(a) INFORMATION TO BE FURNISHED TO CONGRES- 18 SIONAL COMMITTEES.—The Director of the Missile De- 19 fense Agency shall provide to the congressional defense 20 committees information on the results of each flight test 21 of the Ground-based Midcourse national missile defense 22 system. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 906 •S 4638 RS ‘‘(b) CONTENT.—Information provided under sub- 1 section (a) on the results of a flight test shall include the 2 following matters: 3 ‘‘(1) A thorough discussion of the content and 4 objectives of the test. 5 ‘‘(2) For each such test objective, a statement 6 regarding whether or not the objective was achieved. 7 ‘‘(3) For any such test objective not achieved— 8 ‘‘(A) a thorough discussion describing the 9 reasons that the objective was not achieved; and 10 ‘‘(B) a discussion of any plans for future 11 tests to achieve that objective.’’. 12 (b) CONFORMING REPEALS.—The following are re- 13 pealed: 14 (1) Sections 130h, 205, 222b, 223, 224, 225, 15 239a, 487 of title 10, United States Code. 16 (2) Subsection (a) of section 1662 of the Na- 17 tional Defense Authorization Act for Fiscal Year 18 2022 (Public Law 117–81; 10 U.S.C. 4022 note). 19 (3) Subsection (a) of section 1662 of the Na- 20 tional Defense Authorization Act for Fiscal Year 21 2018 (Public Law 115–91; 10 U.S.C. 4205 note). 22 (4) Subsection (a) of section 1681 of the Na- 23 tional Defense Authorization Act for Fiscal Year 24 2017 (Public Law 114–328; 10 U.S.C. 4205 note). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 907 •S 4638 RS (5) Subsection (a) of section 1686 of the Na- 1 tional Defense Authorization Act for Fiscal Year 2 2017 (Public Law 114–328; 10 U.S.C. 4205 note). 3 (6) Section 1687 of the National Defense Au- 4 thorization Act for Fiscal Year 2017 (Public Law 5 114–328; 10 U.S.C. 4205 note). 6 (7) Section 1689 of the National Defense Au- 7 thorization Act for Fiscal Year 2017 (Public Law 8 114–328; 10 U.S.C. 4205 note). 9 (8) Section 1675 of the National Defense Au- 10 thorization Act for Fiscal Year 2016 (Public Law 11 114–92; 10 U.S.C. 4205 note). 12 (9) Subsection (a) of section 1680 of the Na- 13 tional Defense Authorization Act for Fiscal Year 14 2016 (Public Law 114–92; 10 U.S.C. 4205 note). 15 (10) Section 1681 of the National Defense Au- 16 thorization Act for Fiscal Year 2016 (Public Law 17 114–92; 10 U.S.C. 4205 note). 18 (11) Section 1687of the National Defense Au- 19 thorization Act for Fiscal Year 2016 (Public Law 20 114–92; 10 U.S.C. 4205 note). 21 (12) Section 1662 of the Carl Levin and How- 22 ard P. ‘‘Buck’’ McKeon National Defense Authoriza- 23 tion Act for Fiscal Year 2015 (Public Law 113–291; 24 10 U.S.C. 4205 note). 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 908 •S 4638 RS (13) Section 223 of the Ike Skelton National 1 Defense Authorization Act for Fiscal Year 2011 2 (Public Law 111–383; 10 U.S.C. 4205 note). 3 (14) Section 223 of the John Warner National 4 Defense Authorization Act for Fiscal Year 2007 5 (Public Law 109–364; 10 U.S.C. 4205 note). 6 (15) Section 224 of the Bob Stump National 7 Defense Authorization Act for Fiscal Year 2003 8 (Public Law 107–314; 10 U.S.C. 4205 note). 9 (c) CLERICAL AMENDMENTS.— 10 (1) TABLE OF CHAPTERS.—The table of chap- 11 ters as the beginning of subtitle A of title 10, United 12 States Code, and at the beginning of part I of such 13 subtitle, are each amended by inserting after the 14 item relating to chapter 25 the following new item: 15 ‘‘26. Missile Defense’’. (2) TABLES OF SECTIONS.—The tables of sec- 16 tions at the beginning of chapters 3, 8, 9, and 23 17 are each amended by striking the items relating to 18 sections 130h, 205, 222b, 223, 224, 225, 239a, and 19 487. 20 Subtitle D—Other Matters 21 SEC. 1541. DEFENSE INDUSTRIAL BASE WORKFORCE DE- 22 VELOPMENT STRATEGY. 23 (a) IN GENERAL.—Not later than 90 days after the 24 date of the enactment of this Act, the Secretary of De- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 909 •S 4638 RS fense, in consultation with the Administrator for Nuclear 1 Security of the National Nuclear Security Administration 2 and other individuals as the Secretary determines appro- 3 priate, shall develop a strategy for promoting the develop- 4 ment of a skilled manufacturing and high-demand voca- 5 tional trade workforce to support the expansion of the na- 6 tional technology and industrial base and nuclear security 7 enterprise. 8 (b) REPORTS REQUIRED.— 9 (1) STRATEGY IMPLEMENTATION.—Not later 10 than 120 days after the development of the strategy 11 described in subsection (a), the Secretary of Defense 12 shall submit to Congress a report that outlines the 13 strategy and includes a detailed description of meas- 14 ures to implement the strategy, including planned 15 schedules and progress milestones. 16 (2) ANNUAL IMPLEMENTATION PROGRESS.— 17 Not later than November 15, 2025, and annually 18 thereafter, the Secretary of Defense shall submit to 19 Congress a report on any progress made in imple- 20 menting the strategy. 21 (c) DEFINITIONS.—In this section: 22 (1) NATIONAL TECHNOLOGY AND INDUSTRIAL 23 BASE.—The term ‘‘national technology and indus- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 910 •S 4638 RS trial base’’ has the meaning given that term in sec- 1 tion 4801 of title 10, United States Code. 2 (2) NUCLEAR SECURITY ENTERPRISE.—The 3 term ‘‘nuclear security enterprise’’ has the meaning 4 given that term in section 4002 of the Atomic En- 5 ergy Defense Act (50 U.S.C. 2501). 6 SEC. 1542. REVISION OF SECRETARY OF DEFENSE AUTHOR- 7 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 8 AS SECURITY FOR INTELLIGENCE COLLEC- 9 TION ACTIVITIES. 10 (a) EXTENSION OF AUTHORITY.—Section 431(a) of 11 title 10, United States Code, is amended by striking ‘‘De- 12 cember 31, 2024’’ and inserting ‘‘December 31, 2029’’. 13 (b) INTERAGENCY COORDINATION AND SUPPORT.— 14 Paragraph (1) of section 431(b) of such title is amended 15 to read as follows: 16 ‘‘(1) be pre-coordinated with the Director of the 17 Central Intelligence Agency using procedures mutu- 18 ally agreed upon by the Secretary of Defense and 19 the Director, and, where appropriate, be supported 20 by the Director; and’’. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 911 •S 4638 RS SEC. 1543. EXTENSION AND MODIFICATION OF DEFENSE IN- 1 TELLIGENCE AND COUNTERINTELLIGENCE 2 EXPENSE AUTHORITY. 3 (a) CODIFICATION.—Subchapter I of chapter 21 of 4 title 10, United States Code, is amended by adding at the 5 end a new section 430c consisting of— 6 (1) a heading as follows: 7 ‘‘§ 430c. Expenditure of funds for Department of De- 8 fense intelligence and counterintelligence 9 activities’’; and 10 (2) a text consisting of subsections (a) through 11 (f) of section 1057 of the National Defense Author- 12 ization Act for Fiscal Year 2020 (Public Law 116– 13 92; 133 Stat. 1593). 14 (b) PERMANENT EXTENSION.—Subsection (a) of 15 such section 430c is amended by striking ‘‘for any of fiscal 16 years 2020 through 2025’’. 17 (c) ANNUAL REPORTS.—Subsection (d) of such sec- 18 tion 430c is amended by striking ‘‘Not later than Decem- 19 ber 31 of each of 2020 through 2025’’ and inserting ‘‘Not 20 later than December 31 of each year’’. 21 (d) LIMITATION ON DELEGATIONS.—Subsection (e) 22 of such section 430c is amended by striking ‘‘$100,000’’ 23 and inserting ‘‘$250,000’’. 24 (e) EXCLUSIVE AUTHORITY.—Such section 430c is 25 amended— 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 912 •S 4638 RS (1) by redesignating subsection (f) as sub- 1 section (g); and 2 (2) by inserting after subsection (e) the fol- 3 lowing new subsection (f): 4 ‘‘(f) EXCLUSIVE AUTHORITY.—The authority pro- 5 vided by subsection (a) to expend amounts described in 6 such subsection for the purpose described in such sub- 7 section shall be the exclusive authority available to the 8 Secretary to expend such amounts for such purposes.’’. 9 (f) CONFORMING REPEAL.—Section 1057 of the Na- 10 tional Defense Authorization Act for Fiscal Year 2020 11 (Public Law 116–92; 133 Stat. 1593) is repealed. 12 (g) CLERICAL AMENDMENT.—The table of sections 13 at the beginning of chapter 21 of such title is amended 14 by inserting after the item relating to section 430b the 15 following new item: 16 ‘‘430c. Expenditure of funds for Department of Defense intelligence and coun- terintelligence activities.’’. SEC. 1544. LIMITATION ON USE OF FUNDS FOR CERTAIN 17 UNREPORTED PROGRAMS. 18 (a) LIMITATION ON AVAILABILITY OF FUNDS.—None 19 of the funds authorized to be appropriated by this Act for 20 fiscal year 2025 for the Department of Defense may be 21 obligated or expended in support of any activities involving 22 unidentified anomalous phenomena protected under any 23 form of special access or restricted access limitations un- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 913 •S 4638 RS less the Secretary of Defense has provided the details of 1 the activity to the appropriate congressional committees 2 and congressional leadership, including for any activities 3 described in a report released by the All-Domain Anomaly 4 Resolution Office in fiscal year 2024. 5 (b) DEFINITIONS.—In this section: 6 (1) The term ‘‘appropriate congressional 7 committees’’means— 8 (A) the congressional defense committees; 9 and 10 (B) the Select Committee on Intelligence 11 of the Senate and the Permanent Select Com- 12 mittee on Intelligence of the House of Rep- 13 resentatives. 14 (2) The term ‘‘congressional leadership’’ 15 means— 16 (A) the majority leader of the Senate; 17 (B) the minority leader of the Senate; 18 (C) the Speaker of the House of Rep- 19 resentatives; and 20 (D) the minority leader of the House of 21 Representatives. 22 (3) The term ‘‘unidentified anomalous phe- 23 nomena’’ has the meaning given such term in section 24 1683(n) of the National Defense Authorization Act 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 914 •S 4638 RS for fiscal year 2022 (50 U.S.C. 3373(n)), as amend- 1 ed by section 6802(a) of the Intelligence Authoriza- 2 tion Act for fiscal year 2023 (Public Law 117–263). 3 SEC. 1545. PILOT PROGRAM ON ESTABLISHING A 4 GEOSPATIAL WORKFORCE DEVELOPMENT 5 PROGRAM. 6 (a) PILOT PROGRAM REQUIRED.— 7 (1) IN GENERAL.—The Secretary of Defense 8 shall carry out a pilot program to assess the feasi- 9 bility and advisability of establishing a program to 10 develop a skilled workforce in geospatial tech- 11 nologies, methodologies, and capabilities to support 12 the defense intelligence requirements of the Depart- 13 ment of Defense. 14 (2) DESIGNATION.—The pilot program carried 15 out pursuant to paragraph (1) shall be known as the 16 ‘‘Geospatial Workforce Pilot Program’’ (in this sec- 17 tion the ‘‘Pilot Program’’). 18 (b) GOALS.—In carrying out the Pilot Program, the 19 Secretary shall seek— 20 (1) to assess the demand for geospatial tech- 21 nology skills in both military and civilian sectors in 22 proximity to facilities of the National Geospatial-In- 23 telligence Agency in the United States; 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 915 •S 4638 RS (2) to expand, align, and accelerate the edu- 1 cation, training, and certification of a geospatial 2 workforce; 3 (3) to support a global research hub for 4 geospatial science and technology; 5 (4) to foster partnerships with secondary and 6 postsecondary educational institutions, industry 7 leaders, and local governments to support the work- 8 force development; 9 (5) to increase employment opportunities and 10 economic growth in regions that are in proximity to 11 National Geospatial-Intelligence Agency locations in 12 the United States through enhanced geospatial capa- 13 bilities; and 14 (6) to support Department of Defense oper- 15 ations and infrastructure with a skilled geospatial 16 workforce. 17 (c) LOCATION.— 18 (1) IN GENERAL.—In selecting a location for 19 the pilot program required under subsection (a), the 20 Secretary shall prioritize a location— 21 (A) where the Secretary can partner with 22 an eligible institution of higher education 23 that— 24 (i) conducts research; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 916 •S 4638 RS (ii) is in close proximity to National 1 Geospatial-Intelligence Agency facilities 2 outside of the National Capital Region; 3 (iii) offers programs of education in 4 geospatial or related matters; and 5 (iv) has a demonstrated ability build 6 the professional workforce, by impacting 7 kindergarten through college learning and 8 beyond, as demonstrated by an educational 9 partnership agreement and a collaborative 10 research and development agreement with 11 the National Geospatial-Intelligence Agen- 12 cy; 13 (B) that has a significant presence of De- 14 partment of Defense installations or related ac- 15 tivities; and 16 (C) that demonstrates a strong potential to 17 recruit from a broad spectrum of academic can- 18 didates for growth in geospatial technology sec- 19 tors; 20 (2) ELIGIBLE INSTITUTIONS OF HIGHER EDU- 21 CATION.—For purposes of the Pilot Program, an eli- 22 gible institution of higher education is an institution 23 of higher education (as defined in section 101 of the 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 917 •S 4638 RS Higher Education Act of 1965 (20 U.S.C. 1001)) 1 that— 2 (A) is an institution of higher education 3 described in paragraph (1)(A); 4 (B) has a demonstrated capacity for re- 5 search and development in geospatial tech- 6 nologies; and 7 (C) engages in partnerships with local 8 schools and community organizations to pro- 9 mote geospatial education at all levels. 10 (d) IMPLEMENTATION.—In carrying out the Pilot 11 Program, the Secretary shall— 12 (1) collaborate with local and regional edu- 13 cational institutions, including public research insti- 14 tutions, to develop curriculum and training modules 15 tailored to geospatial technology skills; 16 (2) engage with industry partners to ensure the 17 training meets current and future workforce de- 18 mands; 19 (3) provide funding and resources for training 20 facilities, instructors, and materials; and 21 (4) monitor and evaluate the effectiveness of 22 the training programs and make necessary adjust- 23 ments to improve outcomes. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 918 •S 4638 RS (e) CITIZENSHIP REQUIREMENT.—The Secretary 1 shall ensure that participation in the Pilot Program is lim- 2 ited to citizens of the United States. 3 (f) TERMINATION.—The requirement to carry out a 4 pilot program under subsection (a) shall terminate on Sep- 5 tember 30, 2030. 6 (g) REPORTS.— 7 (1) INITIAL REPORT.—Not later than 90 days 8 after the date of the enactment of this Act, the Sec- 9 retary shall submit to the congressional defense com- 10 mittees a report on the establishment of the Pilot 11 Program. 12 (2) ANNUAL REPORT.—(A) Not later than one 13 year after the date of the commencement of the 14 Pilot Program, and not less frequently than once 15 each year thereafter through fiscal year 2030, the 16 Secretary shall submit to the Committee on Armed 17 Services of the Senate and the Committee on Armed 18 Services of the House of Representatives an annual 19 report on the Pilot Program. 20 (B) Each report submitted pursuant to sub- 21 paragraph (A) shall include, for the period covered 22 by the report, the following with respect to the goals 23 of subsection (b): 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 919 •S 4638 RS (i) An assessment of the demand for 1 geospatial technology skills. 2 (ii) The progress in developing and imple- 3 menting the Pilot Program. 4 (iii) Employment outcomes and economic 5 impact. 6 (iv) Recommendations for expanding or 7 modifying the Pilot Program. 8 SEC. 1546. INTELLIGENCE ADVICE AND SUPPORT FOR GOV- 9 ERNMENT OF ISRAEL IN CAPTURING OR 10 KILLING CERTAIN OFFICIALS OF HAMAS. 11 (a) IN GENERAL.—The Secretary of Defense and the 12 Director of the Defense Intelligence Agency shall jointly 13 provide to the Government of Israel defense intelligence, 14 advice, and support, to the extent practicable and con- 15 sistent with United States objectives to support Israel’s 16 pursuit of the lasting defeat of Hamas, to assist in either 17 capturing or killing senior Hamas officials. 18 (b) NOTIFICATION.—Not later than 90 days after the 19 date of the enactment of this Act, and not less frequently 20 than once every 90 days thereafter, the Secretary of De- 21 fense shall provide the congressional defense committees 22 with a briefing on the intelligence, advice, and support 23 provided to assist the Government of Israel to capture or 24 kill senior officials of Hamas. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 920 •S 4638 RS (c) SUNSET.—The requirement of subsection (a) 1 shall terminate on the date that is four years after the 2 date of the enactment of this Act. 3 SEC. 1547. ESTABLISHMENT OF PILOT PROGRAM FOR AC- 4 CESS TO SHARED CLASSIFIED COMMERCIAL 5 INFRASTRUCTURE. 6 (a) PILOT PROGRAM REQUIRED.—Not later than 180 7 days after the date of the enactment of this Act, the Sec- 8 retary of Defense shall establish a pilot program on 9 streamlining access for small business concerns, nontradi- 10 tional defense contractors, and institutions of higher 11 learning to shared classified commercial infrastructure— 12 (1) to expand access to secret or collateral ac- 13 credited facilities and sensitive compartmented infor- 14 mation facilities and special access program facilities 15 to securely perform work under existing classified 16 contracts; 17 (2) to reduce the cost and administrative re- 18 quirements; 19 (3) to increase opportunities; and 20 (4) to identify policy barriers that prevent 21 broader use of shared classified commercial infra- 22 structure and prototype proposed solutions. 23 (b) DESIGNATION OF PRINCIPAL CIVILIAN OFFI- 24 CIAL.— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 921 •S 4638 RS (1) IN GENERAL.—The Secretary shall des- 1 ignate an existing civilian official to be responsible 2 for administration of the pilot program required by 3 subsection (a). 4 (2) RESPONSIBILITIES.—The responsibilities of 5 the civilian official designated pursuant to paragraph 6 (1) shall be as follows: 7 (A) To seek to enter into a contact or 8 other agreement with one or more private-sector 9 entities— 10 (i) for access to shared classified com- 11 mercial infrastructure; and 12 (ii) to facilitate utilization of such in- 13 frastructure by covered small business con- 14 cerns, nontraditional defense contractors, 15 and institutions of higher learning. 16 (B) To coordinate with the Director of the 17 Defense Counterintelligence and Security Agen- 18 cy, the Director of the Defense Intelligence 19 Agency, and the Director of the Defense Infor- 20 mation Systems Agency to update or prescribe 21 policies and regulations governing the process 22 and timelines pertaining to how shared commer- 23 cial classified infrastructure may obtain rel- 24 evant facility authorizations and access to se- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 922 •S 4638 RS cure information technology networks from the 1 Department. 2 (C) To make recommendations to the Sec- 3 retary in order to modernize, streamline, and 4 accelerate the approval process of the Depart- 5 ment for contacts, subcontracts, and co-use or 6 joint use agreements for shared classified com- 7 mercial infrastructure. 8 (D) To develop and maintain metrics 9 tracking the outcomes of active and open facil- 10 ity accreditation requests from shared commer- 11 cial classified infrastructure under the pilot pro- 12 gram. 13 (c) REQUIREMENTS.— 14 (1) POLICIES AND REGULATIONS.—As part of 15 the pilot program required by subsection (a), the Di- 16 rector of the Defense Counterintelligence and Secu- 17 rity Agency, the Director of the Defense Intelligence 18 Agency, and the Director of the Defense Information 19 Systems Agency shall each update or prescribe poli- 20 cies and regulations governing the processes and 21 timelines pertaining to how shared commercial clas- 22 sified infrastructure and facilities may obtain rel- 23 evant facility sponsorship, associated authorizations 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 923 •S 4638 RS and accreditation, and access to relevant secure in- 1 formation technology network from the Department. 2 (2) MODERNIZATION, STREAMLINING, AND AC- 3 CELERATION.—The Secretary shall ensure that the 4 pilot program required by subsection (a) includes ef- 5 forts to modernize, streamline, and accelerate the 6 approval process of the Department for shared, co- 7 use, and joint use agreements to facilitate the De- 8 partment’s access for small business concerns, non- 9 traditional, defense contractors, and institutions of 10 higher learning in classified environments. 11 (d) FINAL REPORT.— 12 (1) IN GENERAL.—Not later than 120 days 13 after the termination of the pilot program pursuant 14 to subsection (e), the Secretary shall submit to con- 15 gressional defense committees a final report of the 16 pilot program required by subsection (a). 17 (2) CONTENTS.—The report submitted pursu- 18 ant to paragraph (1) shall include the following: 19 (A) A list of all active and open facility ac- 20 creditation requests from entities covered in 21 subsection (a)(1), including the date the request 22 was made to the Department and to the rel- 23 evant facility accreditation agency. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 924 •S 4638 RS (B) A list of the total number of personnel 1 authorized to conduct facility certification in- 2 spections under the pilot program. 3 (C) Actions taken to streamline the process 4 of the Department for approval of co-use and 5 joint use agreements to facilitate the Depart- 6 ment’s access for small business concerns, non- 7 traditional, defense contractors and institution 8 of higher learning in classified environments, 9 including an updated or new policies or guid- 10 ance issued as a result of the pilot program. 11 (e) TERMINATION.—The authority to carry out the 12 pilot program required by subsection (a) and the require- 13 ments of this section shall terminate on September 30, 14 2030. 15 (f) DEFINITIONS.—In this section: 16 (1) The term ‘‘institution of higher learning’’ 17 has the meaning given such term in section 3452(f) 18 of title 38, United States Code. 19 (2) The term ‘‘nontraditional defense con- 20 tractor’’ has the meaning give such term in section 21 3014 of title 10, United States Code. 22 (3) The term ‘‘shared commercial classified in- 23 frastructure’’ means fully managed, shared, classi- 24 fied infrastructure (including physical facilities and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 925 •S 4638 RS networks), and associated services that are operated 1 by an independent third-party, for the benefit of ap- 2 propriately cleared government and commercial per- 3 sonnel that have limited or constrained access to se- 4 cret collateral and sensitive compartmented informa- 5 tion facilities. 6 (4) The term ‘‘small business concern’’ has the 7 meaning given such term under section 3 of the 8 Small Business Act (15 U.S.C. 632). 9 SEC. 1548. TECHNICAL CORRECTION. 10 Chapter 25 of title 10, United States Code, is amend- 11 ed by redesignating sections 501 through 506 of such 12 chapter as sections 500a through 500f, respectively. 13 TITLE XVI—CYBERSPACE- 14 RELATED MATTERS 15 Subtitle A—Matters Relating to 16 Cyber Operations and Cyber 17 Forces 18 SEC. 1601. ASSESSMENT OF FEASIBILITY OF ENGAGING IN 19 COOPERATIVE ACTIVITIES WITH ALLIES TO 20 MITIGATE CYBER THREATS TO CERTAIN UN- 21 DERSEA CABLES. 22 (a) ASSESSMENT.—Not later than one year after the 23 date of the enactment of this Act, the Secretary of Defense 24 shall conduct an assessment to determine the feasibility 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 926 •S 4638 RS of engaging in cybersecurity cooperation activities with 1 international partners and allies of the United States to 2 mitigate cyber threats to undersea cables that originate 3 and terminate outside of the United States. 4 (b) CYBERSECURITY COOPERATION ACTIVITIES.— 5 The cybersecurity cooperation activities to be considered 6 under subsection (a) shall include the following: 7 (1) Information sharing about cybersecurity 8 threats to and vulnerabilities in undersea cables. 9 (2) Conducting cybersecurity risk assessments, 10 or sharing the results of current risks assessments, 11 for undersea cable projects. 12 (3) The promotion of cybersecurity best prac- 13 tices for undersea cable manufacturers and opera- 14 tors. 15 (4) Research, development, and evaluation of 16 undersea cable monitoring and repair capabilities. 17 (5) Development of contingency planning and 18 joint response with respect to compromised undersea 19 cables. 20 (c) REPORT.—Not later than 60 days after the com- 21 pletion of the assessment required by subsection (a), the 22 Secretary of Defense shall submit to the congressional de- 23 fense committees the findings of the Secretary with re- 24 spect to the assessment. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 927 •S 4638 RS SEC. 1602. ELEVATION OF JOINT FORCE HEADQUARTERS– 1 DEPARTMENT OF DEFENSE INFORMATION 2 NETWORK AS SUBORDINATE UNIFIED COM- 3 MAND OF UNITED STATES CYBER COMMAND. 4 Section 167b of title 10, United States Code, is 5 amended by adding at the end the following new sub- 6 section: 7 ‘‘(f) JOINT FORCE HEADQUARTERS–DEPARTMENT 8 OF DEFENSE INFORMATION NETWORK.—The Joint Force 9 Headquarters–Department of Defense Information Net- 10 work shall be a subordinate unified command of the cyber 11 command and the Commander of Joint Force Head- 12 quarters–Department of Defense Information Network 13 shall report directly to the commander of the cyber com- 14 mand.’’. 15 SEC. 1603. CYBER INTELLIGENCE CENTER. 16 (a) ESTABLISHMENT OF CAPABILITY REQUIRED.— 17 The Secretary of Defense shall establish a dedicated cyber 18 intelligence capability to support the requirements of 19 United States Cyber Command, the other combatant com- 20 mands, the military departments, defense agencies, the 21 Joint Staff, and the Office of the Secretary of Defense 22 for foundational, scientific and technical, and all-source in- 23 telligence on cyber technology development, capabilities, 24 concepts of operation, operations, and plans and inten- 25 tions of cyber threat actors. 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 928 •S 4638 RS (b) ESTABLISHMENT OF CENTER AUTHORIZED.— 1 (1) AUTHORIZATION.—Subject to paragraph 2 (2), the Secretary may establish an all-source anal- 3 ysis center under the administration of the Defense 4 Intelligence Agency to provide foundational intel- 5 ligence for the capability established under sub- 6 section (a). 7 (2) LIMITATION.—Information technology serv- 8 ices for a center established under paragraph (1) 9 may not be provided by the National Security Agen- 10 cy. 11 (c) RESOURCES.— 12 (1) IN GENERAL.—The Secretary shall direct 13 and provide resources to the Commander of United 14 States Cyber Command within the Military Intel- 15 ligence Program to fund collection and analysis by 16 the National Security Agency to meet the specific re- 17 quirements established by the Commander for sig- 18 nals intelligence support. 19 (2) TRANSFER OF ACTIVITIES.—The Secretary 20 may transfer the activities required under paragraph 21 (1) to the National Intelligence Program if the Di- 22 rector of National Intelligence concurs and the 23 transfer is specifically authorized in an intelligence 24 authorization Act. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 929 •S 4638 RS (d) BRIEFING.—Not later than 180 days after the 1 date of the enactment of this Act, the Commander shall— 2 (1) develop an estimate of the signals intel- 3 ligence collection and analysis required of the Na- 4 tional Security Agency and the cost of such collec- 5 tion and analysis; and 6 (2) provide the congressional defense commit- 7 tees, the Select Committee on Intelligence of the 8 Senate, and the Permanent Select Committee on In- 9 telligence of the House of Representatives a briefing 10 on the estimate developed under paragraph (1). 11 SEC. 1604. SUPPORT FOR CYBER THREAT TABLETOP EXER- 12 CISES. 13 (a) DEVELOPMENT OF CYBER THREAT TABLETOP 14 EXERCISE PACKAGES.— 15 (1) IN GENERAL.—The Assistant Secretary of 16 Defense for Cyber Policy shall, in consultation and 17 coordination with the Commander of United States 18 Cyber Command, the Commander of United States 19 Northern Command, the Commander of the Army 20 Interagency Training and Education Center, and 21 such other individuals as the Assistant Secretary 22 considers appropriate, develop tabletop exercise 23 packages described in paragraph (2) oriented to- 24 wards training stakeholders to prepare the homeland 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 930 •S 4638 RS for adversary cyber-attacks precipitating or during a 1 time of conflict or war. 2 (2) TABLETOP EXERCISES DESCRIBED.—A ta- 3 bletop exercise described in this paragraph is a 4 planned tabletop exercise designed to address a 5 wide-range of threat-relevant cyber-attack scenarios 6 that may affect defense critical infrastructure for 7 the purposes of homeland defense and mission assur- 8 ance. 9 (3) VENUES.—Tabletop exercise packages de- 10 veloped under paragraph (1) shall include both clas- 11 sified and unclassified modules for participating in- 12 dividuals and entities to address the full scope of 13 cyber attack scenarios. 14 (b) RECOMMENDATIONS FOR PARTICIPATION.—The 15 Assistant Secretary shall, in consultation with the Com- 16 mander of United States Cyber Command, the Com- 17 mander of United States Northern Command, and the 18 Commander of the Army Interagency Training and Edu- 19 cation Center, create recommendations for participation in 20 the tabletop exercises using tabletop exercise packages de- 21 veloped under subsection (a). 22 (c) SOLICITATION OF PARTICIPATION.—The Assist- 23 ant Secretary may contact individuals and entities under 24 subsection (b) and solicit their voluntary participation in 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 931 •S 4638 RS tabletop exercises using the tabletop exercise packages de- 1 veloped under subsection (a). 2 (d) PROCEDURES FOR IDENTIFICATION OF GAPS, 3 SEAMS, AND VULNERABILITIES IN HOMELAND CYBER 4 DEFENSES AND LESSONS LEARNED.—The Assistant Sec- 5 retary shall establish procedures to identify gaps, seams, 6 and vulnerabilities in homeland cyber defenses and iden- 7 tify other lessons learned from tabletop exercises carried 8 out using the tabletop exercise packages developed under 9 subsection (a) that can improve both national security and 10 the quality of the tabletop exercises. 11 (e) BRIEFING.—Not later than 30 days after the date 12 of the conclusion of the first tabletop exercise carried out 13 using a tabletop exercise package developed under sub- 14 section (a), the Assistant Secretary shall provide the con- 15 gressional defense committees a briefing on the lessons 16 learned with respect to the exercise. 17 SEC. 1605. COMPTROLLER GENERAL OF THE UNITED 18 STATES ASSESSMENT OF CYBER COMMAND 19 PROTECTION OF PRIVACY AND CIVIL LIB- 20 ERTIES PROCEDURES AND TRAINING RE- 21 QUIREMENTS FOR CYBER OPERATORS. 22 (a) IN GENERAL.—Not later than 180 days after the 23 date of the enactment of this Act, the Comptroller General 24 of the United States shall— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 932 •S 4638 RS (1) conduct an assessment of the training and 1 certification processes and planning procedures 2 available for Cyber Operations Forces to ensure pro- 3 tection of privacy of civil liberties of United States 4 persons in the conduct of military cyber operations; 5 and 6 (2) submit to Congress the findings of the 7 Comptroller General with respect to the assessment 8 conducted pursuant to paragraph (1). 9 (b) ELEMENTS.—The assessment conducted pursu- 10 ant to subsection (a)(1) shall cover the following: 11 (1) What guidance, instructions and training 12 are available for United States Cyber Command 13 Cyber Operations Forces for protecting privacy and 14 civil liberties of United States persons in the conduct 15 of lawful, authorized cyber military operations. 16 (2) How such members are trained to protect 17 such rights. 18 (3) The process for integrating protection of 19 such rights in the planning and conduct of military 20 cyber operations to minimize or mitigate interference 21 with such rights. 22 (4) The role of the external oversight, such as 23 the Office of the Inspector General, in monitoring 24 such training and certification requirements. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 933 •S 4638 RS (5) How such instructions and trainings identi- 1 fied under paragraph (1) address the execution of 2 military cyber operations related to Defense Support 3 of Civil Authorities tasks, including the cyber de- 4 fense of domestic critical infrastructure. 5 SEC. 1606. INDEPENDENT EVALUATION REGARDING PO- 6 TENTIAL ESTABLISHMENT OF UNITED 7 STATES CYBER FORCE. 8 (a) AGREEMENT.— 9 (1) IN GENERAL.—The Secretary of Defense 10 shall seek to enter into an agreement with the Na- 11 tional Academies of Sciences, Engineering, and Med- 12 icine (in this section referred to as the ‘‘National 13 Academies’’) for the National Academies to conduct 14 the evaluation under subsection (b) and submit the 15 report under subsection (e). 16 (2) TIMING.—The Secretary shall seek to enter 17 into the agreement described in paragraph (1) by 18 not later than 60 days after the date of the enact- 19 ment of this Act. 20 (b) EVALUATION.— 21 (1) IN GENERAL.—Under an agreement be- 22 tween the Secretary and the National Academies en- 23 tered into pursuant to subsection (a), the National 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 934 •S 4638 RS Academies shall conduct an evaluation regarding the 1 advisability of— 2 (A) establishing a separate Armed Force in 3 the Department of Defense dedicated to oper- 4 ations in the cyber domain (in this section re- 5 ferred to as the ‘‘United States Cyber Force’’); 6 or 7 (B) refining and further evolving the cur- 8 rent organizational approach for United States 9 Cyber Command, which is based on the United 10 States Special Operations Command model. 11 (2) SCOPE.—The evaluation conducted pursu- 12 ant to paragraph (1) shall include consideration of— 13 (A) the potential establishment of a United 14 States Cyber Force as a separate Armed Force 15 in the Department of Defense commensurate 16 with the Army, Navy, Marine Corps, Air Force, 17 and Space Force, for the purpose of organizing, 18 training, and equipping the personnel required 19 to enable and conduct operations in the cyber 20 domain through positions aligned to the United 21 States Cyber Command and other unified com- 22 batant commands; 23 (B) a United States Cyber Force able to 24 devise and implement recruiting and retention 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 935 •S 4638 RS policies specific to the range of skills and career 1 fields required to enable and conduct cyber- 2 space operations, as determined by the United 3 States Cyber Command and other unified com- 4 batant commands; 5 (C) the performance and efficacy of the 6 Armed Forces in the Department of Defense in 7 satisfying the requirements of the current Force 8 Generation Model to enable and conduct oper- 9 ations in the cyber domain through positions 10 aligned to the United States Cyber Command 11 and other unified combatant commands; 12 (D) the historical performance and efficacy 13 of the Armed Forces in the Department of De- 14 fense in devising and implementing recruitment 15 and retention policies specific to the range of 16 skills and career fields required to enable and 17 conduct cyberspace operations, as determined 18 by the United States Cyber Command and 19 other unified combatant commands; 20 (E) potential and recommended delinea- 21 tions of responsibility between the other Armed 22 Forces in the Department of Defense and a 23 United States Cyber Force with respect to net- 24 work management, resourcing, and operations; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 936 •S 4638 RS (F) potential and recommended delinea- 1 tions of responsibility with respect to orga- 2 nizing, training, and equipping members of the 3 Cyberspace Operations Forces, not serving in 4 positions aligned under the Cyber Mission 5 Force, to the extent necessary to support net- 6 work management and operations; 7 (G) views and perspectives of members of 8 the Armed Forces in the Department of De- 9 fense, in each grade, serving in the Cyber Mis- 10 sion Force with experience in operational work 11 roles (as defined by the Commander of the 12 United States Cyber Command), and military 13 and civilian leaders across the Department re- 14 garding the establishment of a Cyber Force; 15 (H) the extent to which each of the other 16 Armed Forces in the Department of Defense is 17 formed towards, and organized around, oper- 18 ations within a given warfighting domain, and 19 the potential applicability of such formation and 20 organizing constructs to a United States Cyber 21 Force with respect to the cyber domain; 22 (I) findings from previous relevant assess- 23 ments, analyses, and studies conducted by the 24 Secretary, the Comptroller General of the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 937 •S 4638 RS United States, or other entities determined rel- 1 evant by the National Academies on the estab- 2 lishment of a United States Cyber Force; 3 (J) the organizing constructs for effective 4 and operationally mature cyber forces of foreign 5 countries, and the relevance of such constructs 6 to the potential creation of a United States 7 Cyber Force; 8 (K) lessons learned from the creation of 9 the United States Space Force that should be 10 applied to the creation of a United States Cyber 11 Force; 12 (L) recommendations for approaches to the 13 creation of a United States Cyber Force that 14 would minimize disruptions to Department of 15 Defense cyber operations; 16 (M) the histories of the Armed Forces in 17 the Department of Defense, including an anal- 18 ysis of the conditions that preceded the estab- 19 lishment of each new Armed Force in the De- 20 partment of Defense established since 1900; 21 (N) a comparison between the potential 22 service secretariat leadership structures for a 23 United States Cyber Force, including estab- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 938 •S 4638 RS lishing the United States Cyber Force within an 1 existing military department; and 2 (O) the cumulative potential costs and ef- 3 fects associated with the establishment for a 4 United States Cyber Force 5 (3) CONSIDERATIONS.—The evaluation con- 6 ducted pursuant to paragraph (1) shall include an 7 evaluation of how a potential United States Cyber 8 Force dedicated to the cyber domain would compare 9 in performance and efficacy to the current model 10 with respect to the following functions: 11 (A) Organizing, training, and equipping 12 the size of a force necessary to satisfy existing 13 and projected requirements of the Department 14 of Defense. 15 (B) Harmonizing training requirements 16 and programs in support of cyberspace oper- 17 ations. 18 (C) Recruiting and retaining qualified offi- 19 cers and enlisted members of the Armed Forces 20 in the Department of Defense at the levels nec- 21 essary to execute cyberspace operations. 22 (D) Using reserve component forces in 23 support of cyberspace operations. 24 (E) Sustaining persistent force readiness. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 939 •S 4638 RS (F) Acquiring and providing cyber capa- 1 bilities in support of cyberspace operations. 2 (G) Establishing pay parity among mem- 3 bers of the Armed Forces in the Department of 4 Defense serving in and qualified for work roles 5 in support of cyberspace operations. 6 (H) Establishing pay parity among civil- 7 ians serving in and qualified for work roles in 8 support of cyberspace operations. 9 (I) Establishing advancement parity for 10 members of the Armed Forces in the Depart- 11 ment of Defense serving in and qualified for 12 work roles in support of cyberspace operations. 13 (J) Establishing advancement parity for ci- 14 vilians serving in and qualified for work roles in 15 support of cyberspace operations. 16 (K) Developing professional military edu- 17 cation content and curricula focused on the 18 cyber domain. 19 (L) Providing robust and unique legal sup- 20 port to current and future operations in the 21 cyber domain. 22 (M) Offering medical support to address 23 unique psychological strains as a result of high 24 operational tempo for cyberspace operations. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 940 •S 4638 RS (4) COMPARISON TO PRESENT MODEL.—The 1 evaluation required under subsection (b) shall in- 2 clude an analysis and consideration of how refining 3 and further evolving the current organizational ap- 4 proach for United States Cyber Command, as pres- 5 ently modeled on United States Special Operations 6 Command, may serve more optimally than a United 7 States Cyber Force relative to each of the elements 8 identified in paragraphs (2) and (3). 9 (5) UNIFIED COMBATANT COMMAND DE- 10 FINED.—In this subsection, the term ‘‘unified com- 11 batant command’’ has the meaning given such term 12 in section 161(c) of title 10, United States Code. 13 (c) SUPPORT FROM FEDERALLY FUNDED RESEARCH 14 AND DEVELOPMENT CENTER.— 15 (1) IN GENERAL.—Upon a request from the 16 National Academies, the Secretary shall seek to 17 enter into an agreement with a federally funded re- 18 search and development center described in para- 19 graph (2) under which such federally funded re- 20 search and development center shall support the Na- 21 tional Academies in conducting the evaluation under 22 subsection (b). 23 (2) FEDERALLY FUNDED RESEARCH AND DE- 24 VELOPMENT CENTER DESCRIBED.—A federally fund- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 941 •S 4638 RS ed research and development center described in this 1 paragraph is a federally funded research and devel- 2 opment center the staff of which includes subject 3 matter experts with appropriate security clearances 4 and expertise in— 5 (A) cyber warfare; 6 (B) personnel management; 7 (C) military training processes; and 8 (D) acquisition management. 9 (d) ACCESS TO DEPARTMENT OF DEFENSE PER- 10 SONNEL, INFORMATION, AND RESOURCES.—Under an 11 agreement entered into between the Secretary and the Na- 12 tional Academies under subsection (a)— 13 (1) the Secretary shall agree to provide to the 14 National Academies access to such personnel, infor- 15 mation, and resources of the Department of Defense 16 as may determined necessary by the National Acad- 17 emies in furtherance of the conduct of the evaluation 18 under subsection (b); and 19 (2) if the Secretary refuses to provide such ac- 20 cess, or any other major obstacle to such access oc- 21 curs, the National Academies shall agree to notify, 22 not later seven days after the date of such refusal 23 or other occurrence, the congressional defense com- 24 mittees. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 942 •S 4638 RS (e) REPORT.— 1 (1) SUBMISSION TO CONGRESS.—Under an 2 agreement entered into between the Secretary and 3 the National Academies under subsection (a), the 4 National Academies, not later than 270 days after 5 the date of the execution of the agreement, shall 6 submit to the congressional defense committees a re- 7 port containing the findings of the National Acad- 8 emies with respect to the evaluation under sub- 9 section (b). 10 (2) PROHIBITION AGAINST INTERFERENCE.— 11 No personnel of the Department of Defense, nor any 12 other officer or employee of the United States Gov- 13 ernment (including the executive branch of the 14 United States Government) may interfere, exert 15 undue influence, or in any way seek to alter the 16 findings of the National Academies specified in para- 17 graph (1) prior to the submission thereof under such 18 paragraph. 19 (3) FORM.—The report under paragraph (1) 20 shall be submitted in an unclassified form, but may 21 include a classified annex. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 943 •S 4638 RS Subtitle B—Matters Relating to De- 1 partment of Defense Cybersecu- 2 rity and Information Tech- 3 nology 4 SEC. 1611. CYBER TABLE TOP EXERCISES WITH ORGANIZA- 5 TIONS IN DEFENSE INDUSTRIAL BASE. 6 (a) CYBER TABLE TOP EXERCISES.—Not later than 7 180 days after the date of the enactment of this Act, the 8 Executive Director of the Department of Defense Cyber 9 Crime Center shall develop and carry out a plan to con- 10 duct cyber table top exercises with organizations in the 11 defense industrial base not less frequently than twice each 12 year until December 31, 2030. 13 (b) PLAN.—The plan required under subsection (a) 14 shall be— 15 (1) consistent with Department of Defense 16 guidance on cyber table top exercises; and 17 (2) used to test out policies, processes, tech- 18 nologies, or other aspects deemed appropriate by the 19 Executive Director. 20 (c) ASSESSMENT.— 21 (1) REQUIREMENT.—At the completion of a 22 cyber table top exercise carried out under subsection 23 (a), the Executive Director shall conduct an assess- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 944 •S 4638 RS ment of any gaps in procedures, capabilities, au- 1 thorities, policies, and resources. 2 (2) REPORTS.— 3 (A) IN GENERAL.—Not later than 180 4 days after completing an assessment conducted 5 pursuant to paragraph (1), the Executive Direc- 6 tor shall submit to the congressional defense 7 committees a report on the assessment. 8 (B) UNCLASSIFIED SUMMARIES.—Each re- 9 port submitted pursuant to subparagraph (A) 10 shall include an unclassified summary to allow 11 for maximum distribution of results. 12 SEC. 1612. MANAGEMENT AND CYBERSECURITY OF THE 13 JOINT WARFIGHTING CLOUD CAPABILITY 14 AND OTHER MULTI-CLOUD ENVIRONMENTS. 15 (a) IN GENERAL.—Not later than 180 days after the 16 date of the enactment of this Act, the Secretary of Defense 17 shall, acting through the Chief Information Officer of the 18 Department of Defense, develop a strategy for the man- 19 agement and cybersecurity of the Joint Warfighting Cloud 20 Capability and other multi-cloud environments. 21 (b) STRATEGY.—The strategy required under sub- 22 section (a) shall, at a minimum— 23 (1) align with the Department of Defense zero 24 trust strategy; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 945 •S 4638 RS (2) provide the Department with network visi- 1 bility and interoperability across the entirety of the 2 multi-cloud environment; 3 (3) standardize or rationalize user identities 4 across the multi-cloud environment, including 5 through the implementation of identity, credential, 6 and access management (ICAM) technologies; 7 (4) maintain a common means to secure 8 endpoints; 9 (5) incorporate means for increasing cloud na- 10 tive application protection; 11 (6) increase incorporation of artificial intel- 12 ligence applications into Joint Warfighting Cloud 13 Capability and other multi-cloud environments; 14 (7) increase transparency of reporting on usage 15 of Joint Warfighting Cloud Capability and other 16 multi-cloud environments to improve planning for 17 capacity demand, budgeting, and predictability for 18 users and industry providers; 19 (8) identify opportunities to improve internal 20 planning for data use and storage, as well as to 21 streamline certification processes for cloud service 22 providers; and 23 (9) include a plan for training the necessary 24 personnel of the Department on how to 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 946 •S 4638 RS operationalize Joint Warfighting Cloud Capability 1 for functional use cases (such as finance, human re- 2 sources, or other business and management applica- 3 tions), as well as more effectively leverage cybersecu- 4 rity capabilities inherent in or incorporated into such 5 multi-cloud environments. 6 (c) BRIEFING.—Not later than 240 days after the 7 date of the enactment of this Act, the Chief Information 8 Officer of the Department of Defense shall provide to the 9 congressional defense committees a briefing about the con- 10 tents of the strategy developed pursuant to subsection (a). 11 SEC. 1613. UPDATE OF BIOMETRIC POLICY OF DEPART- 12 MENT OF DEFENSE. 13 (a) IN GENERAL.—Not later than 90 days after the 14 date of the enactment of this Act, the Under Secretary 15 of Defense for Intelligence and Security shall update the 16 biometric policy of the Department of Defense. 17 (b) ELEMENTS.—The policy updates required in sub- 18 section (a) shall include the following: 19 (1) Standards for encrypting and protecting 20 data on biometric collection devices. 21 (2) A requirement to sanitize biometric data 22 from collection devices and hard drives prior to dis- 23 posal of the devices and hard drives. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 947 •S 4638 RS (3) A requirement that components of the De- 1 partment maintain records that they have sanitized 2 all data from biometric collection devices when the 3 devices are turned in for disposal. 4 SEC. 1614. GUIDANCE FOR APPLICATION OF ZERO TRUST 5 STRATEGY TO INTERNET OF MILITARY 6 THINGS HARDWARE. 7 Not later than 180 days after the date of the enact- 8 ment of this Act, the Chief Information Officer of the De- 9 partment of Defense shall develop guidance for how— 10 (1) the Department of Defense zero trust strat- 11 egy applies to Internet of Military Things hardware, 12 including human-wearable devices, sensors, and 13 other smart technology; and 14 (2) the role identity, credential, and access 15 management technologies serve in enforcing such a 16 zero trust strategy. 17 SEC. 1615. JOINT PARTNER-SHARING NETWORK CAPABILI- 18 TIES FOR MIDDLE EAST DEFENSE INTEGRA- 19 TION. 20 (a) STRATEGY.— 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 strategy to improve coopera- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 948 •S 4638 RS tion between the Department of Defense and allies 1 and partners of the United States located in the 2 Middle East so as to improve use of partner-sharing 3 network capabilities to facilitate joint defense efforts 4 among the United States and such allies and part- 5 ners to protect the people, infrastructure, and terri- 6 tory of the United States and such allies and part- 7 ners from state and non-state actors determined by 8 the Secretary to undermine the national security in- 9 terests of the United States. 10 (2) CONTENTS.—The strategy submitted pursu- 11 ant to paragraph (1) shall include the following: 12 (A) A summary of ongoing efforts by 13 United States Central Command (CENTCOM), 14 or in which United States Central Command is 15 participating, to implement a joint partner- 16 sharing network capability integrated with the 17 assets of allies and partners of the United 18 States who are located in the Middle East. 19 (B) A summary of challenges to further fa- 20 cilitate the implementation of a joint partner- 21 sharing network capability integrated with the 22 assets of Middle Eastern allies and partners, in- 23 cluding actions or decisions that need to be 24 taken by other organizations. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 949 •S 4638 RS (C) A recommendation of actions that can 1 be taken to address the challenges summarized 2 pursuant to subparagraph (B). 3 (D) An assessment of how the implementa- 4 tion of a joint partner-sharing network capa- 5 bility that would be available to integrate with 6 allies and partners of the United States in the 7 Middle East that— 8 (i) could demonstrate new tools, tech- 9 niques, or methodologies for data-driven 10 decision making; 11 (ii) accelerate sharing of relevant 12 data, data visualization, and data analysis 13 implemented through cryptographic data 14 access controls and enforcing existing data 15 sharing restrictions across multiple secu- 16 rity levels; and 17 (iii) leverage current activities in 18 multi-cloud computing environments to re- 19 duce the reliance on solely hardware-based 20 networking solutions. 21 (E) A recommendation of actions that can 22 be taken to implement a joint partner-sharing 23 network capability integrated with allies and 24 partners of the United States in the Middle 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 950 •S 4638 RS East, including identification of policy, re- 1 source, workforce, or other shortfalls. 2 (F) Such other matters as the Secretary 3 considers relevant. 4 (3) METRICS.—The Secretary shall identify 5 metrics to assess progress in the implementation of 6 the strategy required by paragraph (1). 7 (4) FORM.—The strategy required by para- 8 graph (1) shall be submitted in unclassified form, 9 but may include a classified annex. 10 (5) PROTECTION OF SENSITIVE INFORMA- 11 TION.—No activity may be carried out under this 12 section without an approved program protection plan 13 and overarching classification guide to enforce tech- 14 nology and information protection protocols that 15 protect sensitive information and the national secu- 16 rity interests of the United States. 17 (b) ESTABLISHMENT OF A COMBATANT COMMAND 18 WARFIGHTER FORUM FOR ARTIFICIAL INTELLIGENCE.— 19 (1) POLICIES AND PROCEDURES REQUIRED.— 20 Not later than 180 days after the date of the enact- 21 ment of this Act, the Chief Data and Artificial Intel- 22 ligence Officer of the Department of Defense 23 (CDAO) shall issue policies and procedures to estab- 24 lish a forum for warfighters in the combatant com- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 951 •S 4638 RS mands on artificial intelligence to help promote co- 1 ordination and interchange on issues relating to arti- 2 ficial intelligence tools, methodologies, training, exer- 3 cises, and operational research within and among 4 the combatant commands. 5 (2) PURPOSES FOR CONSIDERATION.—In devel- 6 oping the policies and procedures required by para- 7 graph (1) for establishing the forum described in 8 such paragraph, the Chief shall consider the fol- 9 lowing as primary purposes of the forum: 10 (A) Identification of use cases for the near- 11 term application of artificial intelligence tools, 12 including commercially available artificial intel- 13 ligence tools, data, methodologies, or tech- 14 niques. 15 (B) Categorization of risk for the use cases 16 identified pursuant to subparagraph (A), and 17 consideration of risk-management process or 18 other procedural guidelines for enforcing cur- 19 rent policy. 20 (C) Identification and prioritization of cur- 21 rent artificial intelligence tools or emerging 22 technologies applicable to the use-cases identi- 23 fied pursuant to subparagraph (A) that also 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 952 •S 4638 RS meet policy guidelines and standards set by the 1 Department. 2 (D) Identification of shortfalls in training 3 or billets for artificial intelligence-related exper- 4 tise or personnel within the combatant com- 5 mands. 6 (E) Coordination on training and experi- 7 mentation venues, including with regional part- 8 ners and allies. 9 (F) Identification of opportunities for en- 10 hanced cooperation with regional partners and 11 allies. 12 (G) Identification of opportunities for the 13 combatant commands, working with other ele- 14 ments of the Department of Defense, such as 15 the Defense Innovation Unit, to better procure 16 commercial artificial intelligence capabilities, in- 17 cluding from partner and allied industrial 18 bases. 19 (3) REPORT.—(A) Not later than one year after 20 the date of the enactment of this Act, the Secretary 21 of Defense shall submit to the congressional defense 22 committees a report on the progress made in estab- 23 lishing the forum described in paragraph (1). 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 953 •S 4638 RS (B) The report submitted pursuant to subpara- 1 graph (A) shall include the following: 2 (i) A summary of the policies and proce- 3 dures issued pursuant to paragraph (1). 4 (ii) A list of all meetings of the forum de- 5 scribed in paragraph (1) that have occurred 6 since the date of the enactment of this Act. 7 (iii) An itinerary of the meetings listed 8 pursuant to clause (ii). 9 (iv) A summary of the efforts of the forum 10 described in paragraph (1) to fulfill each of the 11 purposes considered under paragraph (2). 12 (v) Recommendations, based on findings of 13 the forum described in paragraph (1), for legis- 14 lative action to accelerate the adoption by the 15 combatant commands of artificial intelligence 16 capabilities. 17 SEC. 1616. ARTIFICIAL INTELLIGENCE HUMAN FACTORS IN- 18 TEGRATION INITIATIVE. 19 (a) INITIATIVE REQUIRED.— 20 (1) IN GENERAL.—The Under Secretary of De- 21 fense for Research and Engineering shall, in coordi- 22 nation with the Under Secretary of Defense for Ac- 23 quisition and Sustainment and the Chief Digital and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 954 •S 4638 RS Artificial Intelligence Officer of the Department of 1 Defense, establish an initiative— 2 (A) to improve the human usability of arti- 3 ficial intelligence systems and artificial intel- 4 ligence-derived information through the applica- 5 tion of cognitive ergonomics techniques; and 6 (B) to ensure design tools and metrics are 7 available for programs to ensure human factors 8 considerations are included for artificial intel- 9 ligence systems adopted by the Department of 10 Defense. 11 (2) DESIGNATION.—The initiative established 12 pursuant to paragraph (1) shall be known as the 13 ‘‘Artificial Intelligence Human Factors Integration 14 Initiative’’ (in this section the ‘‘Initiative’’). 15 (b) BRIEFING.—Not later than one year after the 16 date of the enactment of this Act, the Under Secretary 17 of Defense for Research and Engineering, the Under Sec- 18 retary of Defense for Acquisition and Sustainment, and 19 the Chief Digital and Artificial Intelligence Officer shall 20 jointly brief the Committee on Armed Services of the Sen- 21 ate and the Committee on Armed Services of the House 22 of Representatives on the following: 23 (1) Existing research and development work 24 within the Department of Defense laboratories relat- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 955 •S 4638 RS ing to human-machine teaming, human-centered de- 1 sign, cognitive load, cognitive ergonomics, and simi- 2 lar topics that are currently being used or could be 3 used to inform or enhance Department personnel 4 usability of artificial intelligence systems and artifi- 5 cial intelligence-derived information. 6 (2) Identification of research gaps with respect 7 to Department personnel interaction with artificial 8 intelligence systems in warfighting and 9 nonwarfighting environments that may necessitate 10 additional research within the Federal Government, 11 industry, or academia. 12 (3) Identification of relevant tools, methodolo- 13 gies, testing processes or systems, and evaluation 14 metrics that may be of use to the Department in im- 15 proving the cognitive ergonomic and human usability 16 features of artificial intelligence systems for Depart- 17 ment personnel. 18 (c) PLAN.—Not later than 90 days after the date on 19 which the briefing required by subsection (b) is provided, 20 the Under Secretary of Defense for Research and Engi- 21 neering, the Under Secretary of Defense for Acquisition 22 and Sustainment, and the Chief Digital and Artificial In- 23 telligence Officer shall jointly develop and implement a 24 plan— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 956 •S 4638 RS (1) to work with the military departments and 1 other Department components to ensure human fac- 2 tors and human systems integration elements are 3 considered early in the development or evaluation 4 process with respect to the procurement, adoption, 5 or use of artificial intelligence systems or artificial 6 intelligence-derived information; 7 (2) to convene research meetings or other fora 8 to coordinate cognitive ergonomics research or re- 9 lated challenges with a broad community of aca- 10 demic, commercial, and international partners; 11 (3) to work with the Chief Digital and Artificial 12 Intelligence Officer to review commercial toolsets to 13 assess the level of human factors integration invest- 14 ment of such commercial toolsets; and 15 (4) develop guidance based on the research and 16 development work identified pursuant to subsection 17 (b)(1) regarding how to create a framework or tax- 18 onomy for characterizing the exercise of appropriate 19 levels of human judgment within Department of De- 20 fense Directive 3000.09 (relating to Autonomy in 21 Weapons Systems), or successor directive, for artifi- 22 cial intelligence programs in the Department. 23 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 24 tion shall be construed to prohibit or otherwise limit the 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 957 •S 4638 RS authority of the Secretary of Defense to research, develop, 1 improve, or procure any weapon system or other capability 2 that is enabled, empowered, enhanced, or improved by ar- 3 tificial intelligence, machine learning, or a large language 4 model. 5 SEC. 1617. LIMITATION ON AVAILABILITY OF FUNDS FOR 6 MISSION PARTNER ENVIRONMENT PROGRAM. 7 (a) LIMITATION.—Of the funds authorized to be ap- 8 propriated by this Act for fiscal year 2025 for the Mission 9 Partner Environment program, not more than 90 percent 10 may be obligated or expended until the date on which the 11 Secretary of Defense provides the certification required in 12 (b). 13 (b) CERTIFICATION.—The Secretary of Defense shall 14 certify to the congressional defense committees that— 15 (1) the Secretary of the Air Force, in conjunc- 16 tion with the Chief Information Officer of the De- 17 partment of Defense, has developed an accelerated 18 implementation plan that is executable for the Mis- 19 sion Partner Environment to meet operational re- 20 quirements for command and control information 21 sharing networks, including a modernization plan 22 that reduces bespoke hardware solutions, sunsets 23 legacy hardware, and fully integrates into planned 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 958 •S 4638 RS components for the Combined Joint All-Domain 1 Command and Control initiative; and 2 (2) in coordination with each separate geo- 3 graphic combatant commander, the Secretary of the 4 Air Force is implementing defined and measurable 5 actions to meet the operational planning, implemen- 6 tation, and steady-state operational Mission Partner 7 Environment requirements for global and regional 8 processing nodes to sustain existing area of responsi- 9 bility specific networks. 10 SEC. 1618. CONSOLIDATION OF BRIEFING REQUIREMENTS 11 RELATING TO THE RELATIONSHIP BETWEEN 12 THE NATIONAL SECURITY AGENCY AND 13 UNITED STATES CYBER COMMAND. 14 (a) CONSOLIDATION.—Subsection (c) of section 1642 15 of the National Defense Authorization Act for Fiscal Year 16 2017 (Public Law 114–328), as added by section 1636 17 of the National Defense Authorization Act for Fiscal Year 18 2020 (Public Law 116–92; 133 Stat. 1748), is amended 19 to read as follows: 20 ‘‘(c) ANNUAL BRIEFINGS.— 21 ‘‘(1) IN GENERAL.—Not later than March 1, 22 2025, and annually thereafter until March 1, 2028, 23 the Secretary of Defense, the Director of National 24 Intelligence, and the Chairman of the Joint Chiefs 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 959 •S 4638 RS of Staff shall jointly provide the appropriate commit- 1 tees of Congress a briefing on the relationship be- 2 tween the National Security Agency and United 3 States Cyber Command. 4 ‘‘(2) ELEMENTS.—Each briefing provided 5 under paragraph (1) shall include an annual assess- 6 ment of the following: 7 ‘‘(A) The resources, authorities, activities, 8 missions, facilities, and personnel used to con- 9 duct the relevant missions at the National Se- 10 curity Agency and United States Cyber Com- 11 mand. 12 ‘‘(B) The processes used to manage risk, 13 balance tradeoffs, and to conduct the missions 14 of the National Security Agency and United 15 States Cyber Command. 16 ‘‘(C) An assessment of the operating envi- 17 ronment and the continuous need to balance 18 tradeoffs to meet mission necessity and effec- 19 tiveness. 20 ‘‘(D) An assessment of the operational ef- 21 fects resulting from the relationship between 22 the National Security Agency and United 23 States Cyber Command, including a list of spe- 24 cific activities conducted over the previous year 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 960 •S 4638 RS that were enabled by or benefitted from the re- 1 lationship. 2 ‘‘(E) Such other topics as the Secretary of 3 Defense, the Director of National Intelligence, 4 and the Chairman of the Joint Chiefs of Staff 5 may consider appropriate.’’. 6 (b) CONFORMING REPEAL.—Section 1556 of the 7 James M. Inhofe National Defense Authorization Act for 8 Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2924) 9 is repealed. 10 SEC. 1619. INFORMATION TECHNOLOGY PROGRAMS OF THE 11 NATIONAL BACKGROUND INVESTIGATION 12 SERVICE. 13 (a) CHANGE IN MILESTONE DECISION AUTHORITY 14 OR PROGRAM MANAGEMENT OVERSIGHT.— 15 (1) IN GENERAL.—The Under Secretary of De- 16 fense for Acquisition and Sustainment may, after 17 consulting with the Security, Suitability, and 18 Credentialing Performance Accountability Council 19 Principals designated pursuant to section 2.4(b) of 20 Executive Order 13467 (50 U.S.C. 3161 note; relat- 21 ing to reforming processes related to suitability for 22 Government employment, fitness for contractor em- 23 ployees, and eligibility for access to classified na- 24 tional security information), alter the assignment of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 961 •S 4638 RS milestone decision authority for the National Back- 1 ground Investigation Services or program manage- 2 ment of such services. 3 (2) CONGRESSIONAL NOTICE REQUIRED.—A 4 change in assignment under paragraph (1) shall 5 take effect on the date that is 30 days after the date 6 on which the Under Secretary submits to Congress, 7 in writing, notice of such change that includes a de- 8 scription of, and justification for, the change. 9 (b) CERTIFICATION OF COMPLIANCE WITH NA- 10 TIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 11 STANDARDS FOR PRIVACY AND SECURITY.—Not later 12 than 180 days after the date of the enactment of this Act, 13 the Under Secretary shall, in consultation with the Secu- 14 rity, Suitability, and Credentialing Performance Account- 15 ability Council Principals— 16 (1) take such actions as may be necessary to 17 ensure that the National Background Investigation 18 Services are in compliance with relevant standards 19 and guidelines published in National Institute of 20 Standards and Technology Special Publication 800– 21 53, Revision 5 (relating to security and privacy con- 22 trols for information systems and organizations), or 23 successor publication or revision; and 24 (2) submit to Congress a notice either— 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 962 •S 4638 RS (A) certifying that such services are in 1 compliance with such standards and guidelines; 2 or 3 (B) explaining why the Under Secretary is 4 unable to certify that such services are in com- 5 pliance with such standards and guidelines. 6 SEC. 1620. COST BUDGETING FOR ARTIFICIAL INTEL- 7 LIGENCE DATA. 8 (a) PLAN REQUIRED.—Not later than 180 days after 9 the date of the enactment of this Act, the Chief Data and 10 Artificial Intelligence Officer (CDAO) of the Department 11 of Defense shall, in consultation with the Under Secretary 12 of Defense for Acquisition and Sustainment and the Di- 13 rector of Cost Assessment and Program Evaluation, de- 14 velop a plan to ensure the budgeting process for programs 15 containing artificial intelligence components, including 16 support systems, models, or analysis tools as subcompo- 17 nents of larger programs, includes estimates for the types 18 of data, and estimated costs for acquisition and 19 sustainment of such data, required to train, maintain, or 20 improve the artificial intelligence contained within such 21 programs. 22 (b) ELEMENTS OF PLAN.—The plan required under 23 subsection (a) shall include each of the following: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 963 •S 4638 RS (1) An assessment of the current programs con- 1 taining artificial intelligence components, including 2 the sources and costs for associated training data. 3 (2) An assessment of the costs associated with 4 the data needs required to train, maintain, or im- 5 prove artificial intelligence models or systems, but 6 not otherwise currently accounted for in a program 7 of record. 8 (3) Mapping of the acquisition lifecycle for the 9 programs described in paragraph (1) to align budg- 10 eting milestones or gates with critical design or deci- 11 sion points in Department of Defense budgeting and 12 execution processes. 13 (4) A framework for estimating the costs de- 14 scribed in paragraph (2) and ensuring the costs as- 15 sociated with the data required to train, maintain, or 16 improve artificial intelligence models or systems are 17 appropriately incorporated into lifecycle sustainment 18 estimates for future programs containing artificial 19 intelligence components. 20 (c) IMPLEMENTATION .—The Secretary of Defense 21 shall begin implementation of the plan required by sub- 22 section (a) not later than 90 days after the date on which 23 development of the plan required by subsection (a) is com- 24 pleted. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 964 •S 4638 RS (d) BRIEFINGS.—Not later than 180 days after the 1 date of the enactment of this Act, and not less frequently 2 than once annually thereafter until 2027, the Secretary 3 shall provide the congressional defense committees a brief- 4 ing on the implementation of the plan developed pursuant 5 to subsection (a). 6 SEC. 1621. PRESUMED RECIPROCAL SOFTWARE ACCRED- 7 ITING POLICY. 8 (a) POLICY REQUIRED.—The Secretary of Defense 9 shall, acting through the Chief Information Officer of the 10 Department of Defense, implement a policy that requires 11 security authorizing officials to inherit or reciprocate the 12 security analysis and artifacts, as appropriate, of a cloud- 13 hosted platform, service, or application that has already 14 been authorized by another authorizing official in the De- 15 partment of Defense in order to more rapidly adopt and 16 use such cloud-hosted platforms, services, and applica- 17 tions, at the corresponding classification level and in ac- 18 cordance with the existing authorization conditions, with- 19 out additional authorizations or reviews. 20 (b) ELEMENTS.—The Secretary shall ensure that the 21 policy implemented pursuant to subsection (a)— 22 (1) ensures development of standardized and 23 transparent documentation of the security, accredi- 24 tation, performance, and operational capabilities of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 965 •S 4638 RS cloud-hosted platforms, services, and applications to 1 enable decision making by mission owners; 2 (2) provides intuitive and digital workflow to 3 document acknowledgments among mission owners 4 and system owners of use of cloud-hosted capabili- 5 ties; 6 (3) directs a review of existing authorization in- 7 formation, at the appropriate classification level, re- 8 garding the status of cloud-hosted capabilities for re- 9 view by mission owners, including through manage- 10 ment dashboards or other management analytic ca- 11 pability; and 12 (4) defines a process to allow authorizing offi- 13 cials that disagree with the security of a system to 14 elevate concerns to the Chief Information Officer for 15 adjudication. 16 (c) APPLICABILITY.—The policy implemented pursu- 17 ant to subsection (a) shall apply to— 18 (1) all authorizing officials in the Department 19 of Defense, including in every military department 20 and in each component and agency of the Depart- 21 ment; and 22 (2) all cloud-hosted capabilities, whether on 23 public cloud, as authorized through the Federal Risk 24 and Authorization Management Program 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 966 •S 4638 RS (FedRAMP) and the Defense Information Systems 1 Agency (DISA), or on Department of Defense-man- 2 aged private cloud landing zones that are authorized 3 by Department accrediting officials. 4 (d) REPORT.—Not later than 120 days after the date 5 of the enactment of this Act, the Secretary shall submit 6 to the congressional defense committees a report on the 7 status of the implementation of subsection (a). 8 SEC. 1622. ANNUAL EVALUATION OF PRODUCTS FOR MO- 9 BILE DEVICE CYBSECURITY. 10 (a) ANNUAL EVALUATIONS.—Not later than one year 11 after the date of the enactment of this Act and not less 12 frequently than once each year thereafter until September 13 30, 2030, the Secretary of Defense shall conduct an eval- 14 uation of the cybersecurity products and services for mo- 15 bile devices to identify products and services that may im- 16 prove the cybersecurity of mobile devices used by the De- 17 partment of Defense, including mitigating the risk to the 18 Department from cyber attacks against mobile devices. 19 (b) CYBERSECURITY TECHNOLOGIES.—In carrying 20 out an evaluation under subsection (a), the Secretary shall 21 evaluate each of the following technologies: 22 (1) Anonymizing-enabling technologies, includ- 23 ing dynamic selector rotation, un-linkable payment 24 structures, and anonymous onboarding. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 967 •S 4638 RS (2) Network-enabled full content inspection. 1 (3) Mobile-device case hardware solutions. 2 (4) On-device virtual private networks. 3 (5) Protected domain name server infrastruc- 4 ture. 5 (6) Extended coverage for mobile device end- 6 point detection. 7 (7) Any other emerging or established tech- 8 nologies determined appropriate by the Secretary. 9 (c) ELEMENTS.—In carrying out an evaluation under 10 subsection (a), for each technology described in subsection 11 (b), the Secretary shall— 12 (1) assess the efficacy and value of the cyberse- 13 curity provided by the technology for mobile devices; 14 (2) assess the feasibility of scaling the tech- 15 nology across the entirety or components of the De- 16 partment, including the timeline for deploying the 17 technology across the entirety or components of the 18 Department; and 19 (3) evaluate the ability of the Department to in- 20 tegrate the technology with the existing cybersecu- 21 rity architecture of the Department. 22 (d) ANNUAL REPORTS.—Each year in which the Sec- 23 retary conducts an evaluation under subsection (a), the 24 Secretary shall submit to the congressional defense com- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 968 •S 4638 RS mittees a report of the findings of the Secretary with re- 1 spect to the evaluation carried out under such subsection 2 in that year, including a determination whether the De- 3 partment or any component thereof should procure or in- 4 corporate any of the technologies evaluated pursuant to 5 subsection (b). 6 SEC. 1623. LIMITATION ON AVAILABILITY OF FUNDS FOR 7 THE JOINT CYBER WARFIGHTING ARCHITEC- 8 TURE. 9 (a) LIMITATION.—Of the funds authorized to be ap- 10 propriated by this Act for fiscal year 2025 for the Joint 11 Cyber Warfighting Architecture, not more than 95 percent 12 may be obligated or expended until the date on which the 13 Commander of United States Cyber Command provides 14 the plan required in subsection (b). 15 (b) PLAN.— 16 (1) IN GENERAL.—The Commander shall pro- 17 vide to the congressional defense committees a plan 18 to move to the Next Generation Joint Cyber 19 Warfighting Architecture. 20 (2) CONTENTS.—The plan required by para- 21 graph (1) shall include the following: 22 (A) Details for ceasing or minimizing con- 23 tinued development on the current Joint Cyber 24 Warfighting Architecture components, including 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 969 •S 4638 RS timelines to stabilize the current architecture 1 within 12 to 18 months and resources available 2 across the future years defense plan as a result 3 of such actions. 4 (B) Scoping and a preliminary baseline 5 plan for a revised Next Generation Joint Cyber 6 Warfighting Architecture program, including 7 timelines, coordination with the military depart- 8 ments, descriptions of proposed new capability 9 sets, mapping of current Joint Cyber 10 Warfighting Architecture capabilities to pro- 11 posed new capabilities, and additional authority 12 or resource needs beyond those available under 13 the rephrasing of the program. 14 SEC. 1624. BRIEFING ON COURSE OF EDUCATION AND 15 PILOT PROGRAM ON AUTHENTICATION OF 16 DIGITAL CONTENT PROVENANCE FOR CER- 17 TAIN DEPARTMENT OF DEFENSE MEDIA CON- 18 TENT. 19 Section 1524 of the National Defense Authorization 20 Act for Fiscal Year 2024 (Public Law 118–31) is amend- 21 ed— 22 (1) in subsection (a)— 23 (A) by redesignating paragraph (3) as 24 paragraph (4); and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 970 •S 4638 RS (B) by inserting after paragraph (2) the 1 following new paragraph (3): 2 ‘‘(3) INTERIM BRIEFING.— 3 ‘‘(A) IN GENERAL.—Not later than 60 4 days after the date of the enactment of the Na- 5 tional Defense Authorization Act of Fiscal Year 6 2025, the Assistant to the Secretary of Defense 7 for Public Affairs shall provide to the Com- 8 mittee on Armed Services of the Senate and the 9 Committee on Armed Services of the House of 10 Representatives a briefing on the status of es- 11 tablishing the course of education under para- 12 graph (1). 13 ‘‘(B) ELEMENTS.—The briefing under sub- 14 paragraph (A) shall cover the following: 15 ‘‘(i) The status of the Department 16 with regards to developing the curriculum 17 for the course of education. 18 ‘‘(ii) Any initial resource constraints 19 or other challenges that may be affecting 20 the development of the course of education. 21 ‘‘(iii) Such other matters as the Sec- 22 retary considers appropriate.’’; and 23 (2) in subsection (b)— 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 971 •S 4638 RS (A) by redesignating paragraph (5) as 1 paragraph (6); and 2 (B) by inserting after paragraph (4) the 3 following new paragraph (5): 4 ‘‘(5) INTERIM BRIEFING.— 5 ‘‘(A) IN GENERAL.—Not later than 60 6 days after the date of the enactment of the Na- 7 tional Defense Authorization Act of Fiscal Year 8 2025, the Assistant to the Secretary of Defense 9 for Public Affairs shall provide to the Com- 10 mittee on Armed Services of the Senate and the 11 Committee on Armed Services of the House of 12 Representatives a briefing on the status of the 13 pilot program required by paragraph (1). 14 ‘‘(B) ELEMENTS.—The briefing under sub- 15 paragraph (A) shall cover the following: 16 ‘‘(i) The actions taken by the Director 17 of the Defense Media Activity to identify 18 an industry open technical standard to 19 pilot to verify the media content of the De- 20 partment. 21 ‘‘(ii) Any resource constraints or other 22 challenges, either budgetary, personnel, or 23 policy, that would hamper successful imple- 24 mentation of the pilot program. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 972 •S 4638 RS ‘‘(iii) Any business processes or stra- 1 tegic planning the Department has estab- 2 lished to fulfill implementation of the pilot 3 program. 4 ‘‘(iv) Any other matters as the Direc- 5 tor considers appropriate.’’. 6 SEC. 1625. MODIFICATION OF PROHIBITION ON PURCHASE 7 OF CYBER DATA PRODUCTS OR SERVICES 8 OTHER THAN THROUGH THE PROGRAM MAN- 9 AGEMENT OFFICE FOR DEPARTMENT OF DE- 10 FENSE-WIDE PROCUREMENT OF CYBER DATA 11 PRODUCTS AND SERVICES. 12 Section 1521(c) of the National Defense Authoriza- 13 tion Act for Fiscal Year 2022 (Public Law 117–81; 10 14 U.S.C. 2224 note) is amended— 15 (1) in paragraph (1), by striking ‘‘; or’’ and in- 16 serting a semicolon; 17 (2) in paragraph (2), by striking the period at 18 the end and inserting ‘‘; or’’; and 19 (3) by adding at the end the following new 20 paragraph: 21 ‘‘(3) such component submits a justification to 22 the office of the compelling need that the require- 23 ment of the product has due to its urgency, or to en- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 973 •S 4638 RS sure product or service competition within the mar- 1 ket, supersedes cost considerations’’. 2 SEC. 1626. IMPROVEMENTS RELATING TO CYBER PROTEC- 3 TION SUPPORT FOR DEPARTMENT OF DE- 4 FENSE PERSONNEL IN POSITIONS HIGHLY 5 VULNERABLE TO CYBER ATTACK. 6 Section 1645 of the National Defense Authorization 7 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 8 2224 note) is amended— 9 (1) in subsection (a)— 10 (A) in paragraph (1)— 11 (i) by inserting ‘‘and personal ac- 12 counts’’ after ‘‘personal technology de- 13 vices’’; and 14 (ii) by inserting ‘‘and shall provide 15 such support to any such personnel who 16 request the support’’ after ‘‘in paragraph 17 (2)’’; and 18 (B) in paragraph (2)(B), by inserting ‘‘or 19 personal accounts’’ after ‘‘personal technology 20 devices’’; 21 (2) in subsection (c)— 22 (A) in paragraph (1), by inserting ‘‘or per- 23 sonal accounts’’ after ‘‘personal technology de- 24 vices’’; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 974 •S 4638 RS (B) in paragraph (2), by striking ‘‘and net- 1 works’’ and inserting ‘‘, personal networks, and 2 personal accounts’’; and 3 (3) by striking subsections (d) and (e) and in- 4 serting the following new subsection (d): 5 ‘‘(d) DEFINITIONS.—In this section: 6 ‘‘(1) The term ‘personal accounts’ means ac- 7 counts for online and telecommunications services, 8 including telephone, residential internet access, 9 email, text and multimedia messaging, cloud com- 10 puting, social media, health care, and financial serv- 11 ices, used by Department of Defense personnel out- 12 side of the scope of their employment with the De- 13 partment. 14 ‘‘(2) The term ‘personal technology devices ’ 15 means technology devices used by Department of 16 Defense personnel outside of the scope of their em- 17 ployment with the Department and includes net- 18 works to which such devices connect.’’. 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 975 •S 4638 RS SEC. 1627. COMPTROLLER GENERAL REPORT ON EFFORTS 1 TO PROTECT PERSONAL INFORMATION OF 2 DEPARTMENT OF DEFENSE PERSONNEL 3 FROM EXPLOITATION BY FOREIGN ADVER- 4 SARIES. 5 (a) IN GENERAL.—Not later than 180 days after the 6 date of the enactment of this Act, the Comptroller General 7 of the United States shall brief the appropriate congres- 8 sional committees on Department of Defense efforts to 9 protect personal information of its personnel from exploi- 10 tation by foreign adversaries. 11 (b) ELEMENTS.—The briefing required under sub- 12 section (a) shall include any observations on the following 13 elements: 14 (1) An assessment of efforts by the Department 15 of Defense to protect the personal information, in- 16 cluding location data generated by smart phones, of 17 members of the Armed Forces, civilian employees of 18 the Department of Defense, veterans, and their fam- 19 ilies from exploitation by foreign adversaries. 20 (2) Recommendations to improve Department 21 of Defense policies and programs to meaningfully 22 address this threat. 23 (c) REPORT.—The Comptroller General shall publish 24 on its website an unclassified report, which may contain 25 a classified annex submitted to the congressional defense 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 976 •S 4638 RS and intelligence committees, on the elements described in 1 subsection (b) at a time mutually agreed upon. 2 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 3 In this section, the term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (1) the congressional defense committees; 6 (2) the Select Committee on Intelligence of the 7 Senate; and 8 (3) the Permanent Select Committee on Intel- 9 ligence of the House of Representatives. 10 DIVISION B—MILITARY CON- 11 STRUCTION AUTHORIZA- 12 TIONS 13 SEC. 2001. SHORT TITLE. 14 This division may be cited as the ‘‘Military Construc- 15 tion Authorization Act for Fiscal Year 2025’’. 16 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 17 AMOUNTS REQUIRED TO BE SPECIFIED BY 18 LAW. 19 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 20 YEARS.—Except as provided in subsection (b), all author- 21 izations contained in titles XXI through XXVII for mili- 22 tary construction projects, land acquisition, family housing 23 projects and facilities, and contributions to the North At- 24 lantic Treaty Organization Security Investment Program 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 977 •S 4638 RS (and authorizations of appropriations therefor) shall ex- 1 pire on the later of— 2 (1) October 1, 2027; or 3 (2) the date of the enactment of an Act author- 4 izing funds for military construction for fiscal year 5 2028. 6 (b) EXCEPTION.—Subsection (a) shall not apply to 7 authorizations for military construction projects, land ac- 8 quisition, family housing projects and facilities, and con- 9 tributions to the North Atlantic Treaty Organization Se- 10 curity Investment Program (and authorizations of appro- 11 priations therefor), for which appropriated funds have 12 been obligated before the later of— 13 (1) October 1, 2027; or 14 (2) the date of the enactment of an Act author- 15 izing funds for fiscal year 2028 for military con- 16 struction projects, land acquisition, family housing 17 projects and facilities, or contributions to the North 18 Atlantic Treaty Organization Security Investment 19 Program. 20 SEC. 2003. EFFECTIVE DATE. 21 Titles XXI through XXVII shall take effect on the 22 later of— 23 (1) October 1, 2024; or 24 (2) the date of the enactment of this Act. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 978 •S 4638 RS TITLE XXI—ARMY MILITARY 1 CONSTRUCTION 2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 3 ACQUISITION PROJECTS. 4 (a) INSIDE THE UNITED STATES.—Using amounts 5 appropriated pursuant to the authorization of appropria- 6 tions in section 2103(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 Army may acquire real property and carry out military 10 construction projects for the installations or locations in- 11 side the United States, and in the amounts, set forth in 12 the following table: 13 Army: Inside the United States State Installation or Location Amount Alaska ............................... Fort Wainwright ................................................... $221,000,000 California .......................... Fort Irwin ............................................................. $44,000,000 Military Ocean Terminal Concord ........................ $68,000,000 Florida .............................. Naval Air Station Key West ................................. $90,000,000 Guam ................................ Joint Region Marianas .......................................... $386,000,000 Hawaii .............................. Bradshaw Army Airfield ....................................... $20,000,000 Wheeler Army Airfield .......................................... $231,000,000 Kentucky .......................... Fort Campbell ....................................................... $11,800,000 Maryland .......................... Fort Meade ........................................................... $46,000,000 Michigan ........................... Detroit Arsenal ..................................................... $37,000,000 Missouri ............................ Fort Leonard Wood .............................................. $144,000,000 New York .......................... Watervliet Arsenal ................................................ $53,000,000 Pennsylvania ..................... Letterkenny Army Depot ...................................... $346,000,000 Puerto Rico ....................... Fort Buchanan ...................................................... $20,100,000 Texas ................................ Fort Cavazos ......................................................... $147,000,000 Red River Army Depot ......................................... $34,000,000 Virginia ............................. Joint Base Myer-Henderson Hall ......................... $180,000,000 Washington ....................... Joint Base Lewis-McChord ................................... $192,000,000 (b) PROTOTYPE PROJECT AGGREGATE TRANSACTION 14 VALUE.—The Secretary of the Army may carry out a mili- 15 tary construction project for the installation, and in the 16 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 979 •S 4638 RS amount, set forth in the following table as a prototype 1 project notwithstanding section 4022(i)(2)(B) of title 10, 2 United States Code: 3 Army Prototype Project State Installation Amount Pennsylvania ..................... Letterkenny Army Depot ...................................... $284,000,000 (c) OUTSIDE THE UNITED STATES.—Using amounts 4 appropriated pursuant to the authorization of appropria- 5 tions in section 2103(a) and available for military con- 6 struction projects outside the United States as specified 7 in the funding table in section 4601, the Secretary of the 8 Army may acquire real property and carry out military 9 construction projects for the installations or locations out- 10 side the United States, and in the amounts, set forth in 11 the following table: 12 Army: Outside the United States Country Installation or Location Amount Belgium ............................ SHAPE Headquarters .......................................... $45,000,000 Germany ........................... Smith Barracks ..................................................... $61,000,000 Army Garrison Ansbach ........................................ $191,000,000 Army Garrison Bavaria ........................................ $12,856,000 Army Garrison Wiesbaden .................................... $44,000,000 SEC. 2102. FAMILY HOUSING. 13 (a) CONSTRUCTION AND ACQUISITION.—Using 14 amounts appropriated pursuant to the authorization of ap- 15 propriations in section 2103(a) and available for military 16 family housing functions as specified in the funding table 17 in section 4601, the Secretary of the Army may construct 18 or acquire family housing units (including land acquisition 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 980 •S 4638 RS and supporting facilities) at the installations or locations, 1 and in the amounts, set forth in the following table: 2 Army: Family Housing Country Installation or Location Amount Belgium ............... Chie`vres Air Base ................................. $100,954,000 Germany .............. Army Garrison Rheinland-Pfalz ........... $63,246,000 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING 3 UNITS.— 4 (1) IN GENERAL.—Subject to section 2825 of 5 title 10, United States Code, and using amounts ap- 6 propriated pursuant to the authorization of appro- 7 priations in section 2103(a) and available for mili- 8 tary family housing functions as specified in the 9 funding table in section 4601, the Secretary of the 10 Army may improve existing military family housing 11 units in an amount not to exceed $81,114,000. 12 (2) CLARIFICATION OF AUTHORITY TO CARRY 13 OUT PRIOR YEAR IMPROVEMENTS TO MILITARY FAM- 14 ILY HOUSING UNITS IMPROVEMENTS.— 15 (A) FISCAL YEAR 2019.—Notwithstanding 16 section 2102 of the Military Construction Au- 17 thorization Act for Fiscal Year 2019 (division 18 B of Public Law 115–232; 132 Stat. 2242), 19 subject to section 2825 of title 10, United 20 States Code, and using amounts appropriated 21 pursuant to the authorization of appropriations 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 981 •S 4638 RS in section 2103(a) of that Act and available for 1 military family housing functions as specified in 2 the funding table in section 4601 of that Act, 3 the Secretary of the Army may improve existing 4 military family housing units in an amount not 5 to exceed $80,100,000. 6 (B) FISCAL YEAR 2020.—Notwithstanding 7 section 2102 of the Military Construction Au- 8 thorization Act for Fiscal Year 2020 (division 9 B of Public Law 116–92; 133 Stat. 1864), sub- 10 ject to section 2825 of title 10, United States 11 Code, and using amounts appropriated pursu- 12 ant to the authorization of appropriations in 13 section 2103(a) of that Act and available for 14 military family housing functions as specified in 15 the funding table in section 4601 of that Act, 16 the Secretary of the Army may improve existing 17 military family housing units in an amount not 18 to exceed $87,205,000. 19 (C) FISCAL YEAR 2023.—Notwithstanding 20 section 2102 of the Military Construction Au- 21 thorization Act for Fiscal Year 2023 (division 22 B of Public Law 117–263; 136 Stat. 2972), 23 subject to section 2825 of title 10, United 24 States Code, and using amounts appropriated 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 982 •S 4638 RS pursuant to the authorization of appropriations 1 in section 2103(a) of that Act and available for 2 military family housing functions as specified in 3 the funding table in section 4601 of that Act, 4 the Secretary of the Army may improve existing 5 military family housing units in an amount not 6 to exceed $26,500,000. 7 (c) PLANNING AND DESIGN.—Using amounts appro- 8 priated pursuant to the authorization of appropriations in 9 section 2103(a) and available for military family housing 10 functions as specified in the funding table in section 4601, 11 the Secretary of the Army may carry out architectural and 12 engineering services and construction design activities 13 with respect to the construction or improvement of family 14 housing units in an amount not to exceed $31,333,000. 15 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 17 are hereby authorized to be appropriated for fiscal years 18 beginning after September 30, 2024, for military con- 19 struction, land acquisition, and military family housing 20 functions of the Department of the Army as specified in 21 the funding table in section 4601. 22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 23 PROJECTS.—Notwithstanding the cost variations author- 24 ized by section 2853 of title 10, United States Code, and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 983 •S 4638 RS any other cost variation authorized by law, the total cost 1 of all projects carried out under sections 2101 and 2102 2 of this Act may not exceed the total amount authorized 3 to be appropriated under subsection (a), as specified in 4 the funding table in section 4601. 5 SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 6 CAL YEAR 2018 PROJECT AT KUNSAN AIR 7 BASE, KOREA. 8 (a) EXTENSION.—Notwithstanding section 2002 of 9 the Military Construction Authorization Act for Fiscal 10 Year 2018 (division B of Public Law 115–91; 131 Stat. 11 1817), the authorization set forth in the table in sub- 12 section (b), as provided in section 2101(b) of that Act 13 (131 Stat. 1819) and extended by section 2106(a) of the 14 Military Construction Authorization Act for Fiscal Year 15 2023 (division B of Public Law 117–263; 136 Stat. 2973) 16 and section 2105 of the Military Construction Authoriza- 17 tion Act for Fiscal Year 2024 (division B of Public Law 18 118–31; 137 Stat. 712), shall remain in effect until Octo- 19 ber 1, 2025, or the date of the enactment of an Act au- 20 thorizing funds for military construction for fiscal year 21 2026, whichever is later. 22 (b) TABLE.—The table referred to in subsection (a) 23 is as follows: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 984 •S 4638 RS Army: Extension of 2018 Project Authorization Country Installation or Location Project Original Au- thorized Amount Korea .............. Kunsan Air Base ......... Unmanned Aerial Vehicle Hangar ... $53,000,000 SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 1 CAL YEAR 2019 PROJECT AT MIHAIL 2 KOGALNICEANU FOS, ROMANIA. 3 (a) EXTENSION.—Notwithstanding section 2002 of 4 the Military Construction Authorization Act for Fiscal 5 Year 2019 (division B of Public Law 115–232; 132 Stat. 6 2240), the authorization set forth in the table in sub- 7 section (b), as provided in section 2901 of that Act (132 8 Stat. 2286) and extended by section 2106(b)(1) of the 9 Military Construction Authorization Act for Fiscal Year 10 2024 (division B of Public Law 118–31; 137 Stat. 713), 11 shall remain in effect until October 1, 2025, or the date 12 of the enactment of an Act authorizing funds for military 13 construction for fiscal year 2026, whichever is later. 14 (b) TABLE.—The table referred to in subsection (a) 15 is as follows: 16 Army: Extension of 2019 Project Authorization Country Installation or Location Project Original Au- thorized Amount Romania ......... Mihail Kogalniceanu FOS ......................... EDI: Explosives and Ammo Load/Un- load Apron. .......... $21,651,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 985 •S 4638 RS SEC. 2106. 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 section 2101 of that Act, shall 7 remain in effect until October 1, 2025, or the date of the 8 enactment of an Act authorizing funds for military con- 9 struction for fiscal year 2026, whichever is later. 10 (b) TABLE.—The table referred to in subsection (a) 11 is as follows: 12 Army: Extension of 2020 Project Authorization State/ Country Installation or Location Project Original Au- thorized Amount Kwajalein ....... Kwajalein Atoll ............ Air Traffic Control Tower and Ter- minal ................... $40,000,000 South Carolina Fort Jackson ............... Reception Complex, Ph2 ...................... $88,000,000 SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CER- 13 TAIN FISCAL YEAR 2021 PROJECTS. 14 (a) EXTENSION.—Notwithstanding section 2002 of 15 the Military Construction Authorization Act for Fiscal 16 Year 2021 (division B of Public Law 116–283; 134 Stat. 17 4294), the authorizations set forth in the table in sub- 18 section (b), as provided in section 2101(a) of that Act 19 (134 Stat. 4295) and extended by section 2107(a) of the 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 986 •S 4638 RS Military Construction Authorization Act for Fiscal Year 1 2024 (division B of Public Law 118–31; 137 Stat. 713), 2 shall remain in effect until October 1, 2025, or the date 3 of the enactment of an Act authorizing funds for military 4 construction for fiscal year 2026, whichever is later. 5 (b) TABLE.—The table referred to in subsection (a) 6 is as follows: 7 Army: Extension of 2021 Project Authorization State Installation or Location Project Original Au- thorized Amount Arizona ........... Yuma Proving Ground Ready Building ....... $14,000,000 Georgia ........... Fort Gillem .................. Forensic Laboratory $71,000,000 SEC. 2108. EXTENSION OF AUTHORITY TO CARRY OUT CER- 8 TAIN FISCAL YEAR 2022 PROJECTS. 9 (a) EXTENSION.—Notwithstanding section 2002 of 10 the Military Construction Authorization Act for Fiscal 11 Year 2022 (division B of Public Law 117–81; 135 Stat. 12 2161), the authorizations set forth in the table in sub- 13 section (b), as provided in sections 2101 and 2105 of that 14 Act (135 Stat. 2163, 2165), shall remain in effect until 15 October 1, 2025, or the date of the enactment of an Act 16 authorizing funds for military construction for fiscal year 17 2026, whichever is later. 18 (b) TABLE.—The table referred to in subsection (a) 19 is as follows: 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 987 •S 4638 RS Army: Extension of 2022 Project Authorization State Installation or Location Project Original Au- thorized Amount Georgia ........... Fort Stewart ................ Barracks .................. $105,000,000 Germany ......... Smith Barracks ........... Live Fire Exercise Shoothouse .......... $16,000,000 Indoor Small Arms Range .................. $17,500,000 Hawaii ............ West Loch Naval Mag- azine Annex. Ammunition Storage $51,000,000 Wheeler Army Airfield Aviation Unit OPS Building ............... $84,000,000 Kansas ........... Fort Leavenworth ........ Child Development Center .................. $37,000,000 Kentucky ........ Fort Knox .................... Child Development Center .................. $30,000,000 Louisiana ....... Fort Johnson ............... Joint Operations Center .................. $116,000,000 Maryland ........ Fort Detrick ................ Incinerator Facility $27,000,000 New Mexico .... White Sands Missile Range. Missile Assembly Support Building $29,000,000 Pennsylvania .. Letterkenny Army Depot. Fire Station ............ $25,400,000 Texas .............. Fort Bliss ..................... Defense Access Roads .................. $20,000,000 SEC. 2109. ADDITIONAL AUTHORITY TO CARRY OUT CER- 1 TAIN FISCAL YEAR 2025 PROJECT AT 2 MCALESTER ARMY DEPOT, OKLAHOMA. 3 (a) PROJECT AUTHORIZATION.—The Secretary of 4 the Army may carry out a military construction project 5 to construct an ammunition demolition facility at 6 McAlester Army Depot, Oklahoma, in the amount of 7 $74,000,000. 8 (b) USE OF UNOBLIGATED PRIOR-YEAR ARMY MILI- 9 TARY CONSTRUCTION FUNDS.—The Secretary may use 10 funds that are unobligated and available for Army military 11 construction that were appropriated for a fiscal year be- 12 fore fiscal year 2025 for the project described in sub- 13 section (a). 14 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 988 •S 4638 RS (c) SCOPE OF WORK VARIATIONS.—If it becomes 1 necessary to exceed the authorized project cost under sub- 2 section (a), the Secretary shall use the authority under 3 section 2853 of title 10, United States Code, regarding 4 authorized cost and scope of work variations. 5 (d) AVAILABILITY OF INFORMATION.—The Secretary 6 shall provide information in accordance with section 7 2851(c) of title 10, United States Code, regarding the 8 project described in subsection (a). 9 TITLE XXII—NAVY MILITARY 10 CONSTRUCTION 11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 12 ACQUISITION PROJECTS. 13 (a) INSIDE THE UNITED STATES.—Using amounts 14 appropriated pursuant to the authorization of appropria- 15 tions in section 2203(a) and available for military con- 16 struction projects inside the United States as specified in 17 the funding table in section 4601, the Secretary of the 18 Navy may acquire real property and carry out military 19 construction projects for the installations or locations in- 20 side the United States, and in the amounts, set forth in 21 the following table: 22 Navy: Inside the United States State Installation or Location Amount Arizona ............................. Marine Corps Air Station Yuma ........................... $261,160,000 Florida .............................. Cape Canaveral Space Force Station ................... $221,060,000 Georgia ............................. Naval Submarine Base Kings Bay ....................... $264,030,000 Guam ................................ Andersen Air Force Base ...................................... $659,730,000 Joint Region Marianas .......................................... $777,009,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 989 •S 4638 RS Navy: Inside the United States—Continued State Installation or Location Amount Hawaii .............................. Joint Base Pearl Harbor-Hickam ......................... $824,000,000 Marine Corps Base Kaneohe Bay ......................... $378,870,000 Naval Ammunition Depot West Loch ................... $104,870,000 Maryland .......................... Naval Surface Warfare Center Indian Head ........ $50,000,000 Nevada .............................. Naval Air Station Fallon ...................................... $93,300,000 North Carolina ................. Marine Corps Air Station Cherry Point ............... $747,540,000 Virginia ............................. Naval Weapons Station Yorktown ........................ $151,850,000 Norfolk Naval Shipyard ........................................ $568,200,000 Washington ....................... Naval Base Kitsap ................................................ $277,820,000 Naval Magazine Indian Island .............................. $37,770,000 Puget Sound Naval Shipyard ............................... $182,200,000 (b) PROTOTYPE PROJECT AGGREGATE TRANSACTION 1 VALUE.—The Secretary of the Navy may carry out a mili- 2 tary construction project for the installation, and in the 3 amount, set forth in the following table as a prototype 4 project notwithstanding section 4022(i)(2)(B) of title 10, 5 United States Code: 6 Navy Prototype Project State Installation Amount North Carolina ........ Cherry Point Marine Corps Air Station ...... $420,000,000 (c) OUTSIDE THE UNITED STATES.—Using amounts 7 appropriated pursuant to the authorization of appropria- 8 tions in section 2203(a) and available for military con- 9 struction projects outside the United States as specified 10 in the funding table in section 4601, the Secretary of the 11 Navy may acquire real property and carry out military 12 construction projects for the installations or locations out- 13 side the United States, and in the amounts, set forth in 14 the following table: 15 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 990 •S 4638 RS Navy: Outside the United States Country Installation or Location Amount Australia .................. Royal Australian Air Force Base Darwin ... $179,700,000 Federated States of Micronesia ............ Yap International Airport ............................ $1,081,700,000 Japan ....................... Marine Corps Base Camp Butler ................ $86,180,000 Palau ....................... Koror, Port of Malakal ................................ $741,350,000 SEC. 2202. FAMILY HOUSING. 1 (a) CONSTRUCTION AND ACQUISITION.—Using 2 amounts appropriated pursuant to the authorization of ap- 3 propriations in section 2203(a) and available for military 4 family housing functions as specified in the funding table 5 in section 4601, the Secretary of the Navy may construct 6 or acquire family housing units (including land acquisition 7 and supporting facilities) at the installations or locations, 8 and in the amounts, set forth in the following table: 9 Navy: Family Housing Country Installation or Location Amount Guam ....................... Andersen Air Force Base ............................. $93,112,000 Joint Region Marianas ................................. $103,863,000 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING 10 UNITS.—Subject to section 2825 of title 10, United States 11 Code, and using amounts appropriated pursuant to the 12 authorization of appropriations in section 2203(a) and 13 available for military family housing functions as specified 14 in the funding table in section 4601, the Secretary of the 15 Navy may improve existing military family housing units 16 in an amount not to exceed $35,438,000. 17 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 991 •S 4638 RS (c) PLANNING AND DESIGN.—Using amounts appro- 1 priated pursuant to the authorization of appropriations in 2 section 2203(a) and available for military family housing 3 functions as specified in the funding table in section 4601, 4 the Secretary of the Navy may carry out architectural and 5 engineering services and construction design activities 6 with respect to the construction or improvement of family 7 housing units in an amount not to exceed $13,329,000. 8 SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. 9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 10 are hereby authorized to be appropriated for fiscal years 11 beginning after September 30, 2024, for military con- 12 struction, land acquisition, and military family housing 13 functions of the Department of the Navy, as specified in 14 the funding table in section 4601. 15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 16 PROJECTS.—Notwithstanding the cost variations author- 17 ized by section 2853 of title 10, United States Code, and 18 any other cost variation authorized by law, the total cost 19 of all projects carried out under sections 2201 and 2202 20 may not exceed the total amount authorized to be appro- 21 priated under subsection (a), as specified in the funding 22 table in section 4601. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 992 •S 4638 RS SEC. 2204. 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 2201(b) and 2902 of 7 that Act (132 Stat. 2244, 2286) and extended by section 8 2204 of the Military Construction Authorization Act for 9 Fiscal Year 2024 (division B of Public Law 118–31; 137 10 Stat. 716), shall remain in effect until October 1, 2025, 11 or the date of the enactment of an Act authorizing funds 12 for military construction for fiscal year 2026, whichever 13 is later. 14 (b) TABLE.—The table referred to in subsection (a) 15 is as follows: 16 Navy: Extension of 2019 Project Authorizations Country Installation or Location Project Original Au- thorized Amount Bahrain .......... SW Asia .............. Fleet Maintenance Facility and TOC. $26,340,000 Greece ............ Naval Support Activity Souda Bay. EDI: Joint Mobility Proc- essing Center. $41,650,000 SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CER- 17 TAIN FISCAL YEAR 2020 PROJECTS. 18 (a) EXTENSION.—Notwithstanding section 2002 of 19 the Military Construction Authorization Act for Fiscal 20 Year 2020 (division B of Public Law 116–92; 133 Stat. 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 993 •S 4638 RS 1862) the authorization set forth in the table in subsection 1 (b), as provided in section 2201(a) of that Act (133 Stat. 2 1865), and the authorization for military construction 3 projects for child development centers set forth in section 4 2809 of that Act (133 Stat. 1887), shall remain in effect 5 until October 1, 2025, or the date of the enactment of 6 an Act authorizing funds for military construction for fis- 7 cal year 2026, whichever is later. 8 (b) TABLE.—The table referred to in subsection (a) 9 is as follows: 10 Navy: Extension of 2020 Project Authorizations Country Installation or Location Project Original Au- thorized Amount Arizona ........... Marine Corps Air Station Yuma. Bachelor Enlisted Quarters $99,600,000 SEC. 2206. EXTENSION OF AUTHORITY TO CARRY OUT CER- 11 TAIN FISCAL YEAR 2021 PROJECTS. 12 (a) EXTENSION.—Notwithstanding section 2002 of 13 the Military Construction Authorization Act for Fiscal 14 Year 2021 (division B of Public Law 116–283; 134 Stat. 15 4294), the authorizations set forth in the table in sub- 16 section (b), as provided in section 2201 of that Act (134 17 Stat. 4297) and extended by section 2205 of the Military 18 Construction Authorization Act for Fiscal Year 2024 (di- 19 vision B of Public Law 118–31; 137 Stat. 718), shall re- 20 main in effect until October 1, 2025, or the date of the 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 994 •S 4638 RS enactment of an Act authorizing funds for military con- 1 struction for fiscal year 2026, whichever is later. 2 (b) TABLE.—The table referred to in subsection (a) 3 is as follows: 4 Navy: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Au- thorized Amount Guam .............. Joint Region Marianas. Joint Communication Up- grade. $22,000,000 Maine ............. NCTAMS LANT Detachment Cutler. Perimeter Security ............ $26,100,000 Nevada ........... Fallon ................. Range Training Complex, Phase I. $29,040,000 SEC. 2207. EXTENSION OF AUTHORITY TO CARRY OUT CER- 5 TAIN FISCAL YEAR 2022 PROJECTS. 6 (a) EXTENSION.—Notwithstanding section 2002 of 7 the Military Construction Authorization Act for Fiscal 8 Year 2022 (division B of Public Law 117–81; 135 Stat. 9 2161), the authorizations set forth in the table in sub- 10 section (b), as provided in sections 2201 and 2202(a) of 11 that Act (135 Stat. 2166, 2167), shall remain in effect 12 until October 1, 2025, or the date of the enactment of 13 an Act authorizing funds for military construction for fis- 14 cal year 2026, whichever is later. 15 (b) TABLE.—The table referred to in subsection (a) 16 is as follows: 17 Navy: Extension of 2022 Project Authorizations State/Country Installation or Location Project Original Au- thorized Amount Arizona ........... Marine Corps Air Station Yuma. Combat Training Tank Complex. $29,300,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 995 •S 4638 RS Navy: Extension of 2022 Project Authorizations—Continued State/Country Installation or Location Project Original Au- thorized Amount California ....... Marine Corps Air Station Miramar. F–35 Centralized Engine Repair Facility. $31,400,000 Marine Corps Base Camp Pendleton. CLB MEU Complex .......... $83,900,000 Marine Corps Base Camp Pendleton. Warehouse Replacement ... $22,200,000 Naval Base Ven- tura County. MQ–25 Aircraft Mainte- nance Hangar. $125,291,000 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 Spain .............. Naval Station Rota. EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities. $85,600,000 SEC. 2208. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL 1 YEAR 2025 PROJECT IN COOPERATIVE SECU- 2 RITY LOCATION COMALAPA, EL SALVADOR. 3 (a) PROJECT AUTHORIZATION.—The Secretary of 4 the Navy may carry out a military construction project 5 to construct a hangar and ramp expansion for Cooperative 6 Security Location Comalapa, El Salvador, in the amount 7 of $28,000,000. 8 (b) USE OF UNOBLIGATED PRIOR-YEAR NAVY MILI- 9 TARY CONSTRUCTION FUNDS.—The Secretary may use 10 funds that are unobligated and available for Navy military 11 construction funds that were appropriated for a fiscal year 12 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 996 •S 4638 RS before fiscal year 2025 for the project described in sub- 1 section (a). 2 (c) SCOPE OF WORK VARIATIONS.—If it becomes 3 necessary to exceed the authorized project cost under sub- 4 section (a), the Secretary shall use the authority under 5 section 2853 of title 10, United States Code, regarding 6 authorized cost and scope of work variations. 7 (d) AVAILABILITY OF INFORMATION.—The Secretary 8 shall provide information in accordance with section 9 2851(c) of title 10, United States Code, regarding the 10 project described in subsection (a). 11 TITLE XXIII—AIR FORCE 12 MILITARY CONSTRUCTION 13 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 14 LAND ACQUISITION PROJECTS. 15 (a) INSIDE THE UNITED STATES.—Using amounts 16 appropriated pursuant to the authorization of appropria- 17 tions in section 2303(a) and available for military con- 18 struction projects inside the United States as specified in 19 the funding table in section 4601, the Secretary of the 20 Air Force may acquire real property and carry out mili- 21 tary construction projects for the installations or locations 22 inside the United States, and in the amounts, set forth 23 in the following table: 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 997 •S 4638 RS Air Force: Inside the United States State Installation or Location Amount Alaska ....................... Joint Base Elmendorf-Richardson ............ $250,000,000 Arkansas .................. Ebbing Air National Guard Base .............. $74,000,000 California .................. Beale Air Force Base ................................ $148,000,000 Vandenberg Space Force Base .................. $277,000,000 Colorado ................... Buckley Space Force Base ........................ $60,000,000 District of Columbia Joint Base Anacostia-Bolling .................... $50,000,000 Florida ...................... Eglin Air Force Base ................................ $23,900,000 Tyndall Air Force Base ............................. $48,000,000 Idaho ........................ Mountain Home Air Force Base ............... $40,000,000 Louisiana .................. Barksdale Air Force Base ......................... $22,000,000 Massachusetts .......... Hanscom Air Force Base .......................... $315,000,000 Mississippi ................ Keesler Air Force Base ............................. $25,000,000 Montana ................... Malmstrom Air Force Base ....................... $20,000,000 North Carolina ......... Seymour Johnson Air Force Base ............ $41,000,000 Oregon ...................... Mountain Home Air Force Base ............... $1,093,000,000 South Dakota ........... Ellsworth Air Force Base .......................... $177,000,000 Texas ........................ Dyess Air Force Base ................................ $31,300,000 Joint Base San Antonio ............................ $469,000,000 Joint Base San Antonio-Lackland ............ $215,000,000 Laughlin Air Force Base ........................... $56,000,000 Utah ......................... Hill Air Force Base ................................... $258,000,000 Virginia .................... Joint Base Langley-Eustis ........................ $81,000,000 Wyoming .................. F.E. Warren Air Force Base .................... $1,581,000,000 (b) PROTOTYPE PROJECT AGGREGATE TRANSACTION 1 VALUE.—The Secretary of the Air Force may carry out 2 a military construction project for the installation, and in 3 the amount, set forth in the following table as a prototype 4 project notwithstanding section 4022(i)(2)(B) of title 10, 5 United States Code: 6 Air Force Prototype Project State Installation Amount Texas ......................... Joint Base San Antonio ............................... $469,000,000 (c) OUTSIDE THE UNITED STATES.—Using amounts 7 appropriated pursuant to the authorization of appropria- 8 tions in section 2303(a) and available for military con- 9 struction projects outside the United States as specified 10 in the funding table in section 4601, the Secretary of the 11 Air Force may acquire real property and carry out mili- 12 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 998 •S 4638 RS tary construction projects for the installations or locations 1 outside the United States, and in the amounts, set forth 2 in the following table: 3 Air Force: Outside the United States Country Installation or Location Amount Denmark .................... Royal Danish Air Force Base Karup .......... $110,000,000 Federated States of Micronesia .............. Yap International Airport ............................ $674,314,000 Germany .................... Ramstein Air Base ....................................... $22,000,000 Spain .......................... Naval Station Rota ...................................... $15,200,000 United Kingdom ........ Royal Air Force Lakenheath ....................... $185,000,000 Royal Air Force Mildenhall .......................... $51,000,000 SEC. 2302. FAMILY HOUSING. 4 (a) CONSTRUCTION AND ACQUISITION.—Using 5 amounts appropriated pursuant to the authorization of ap- 6 propriations in section 2303(a) and available for military 7 family housing functions as specified in the funding table 8 in section 4601, the Secretary of the Air Force may con- 9 struct or acquire family housing units (including land ac- 10 quisition and supporting facilities) at the installation, and 11 in the amount, set forth in the following table: 12 Air Force: Family Housing Country Installation Amount Germany .................... Ramstein Air Base ....................................... $5,750,000 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING 13 UNITS.—Subject to section 2825 of title 10, United States 14 Code, and using amounts appropriated pursuant to the 15 authorization of appropriations in section 2303(a) and 16 available for military family housing functions as specified 17 in the funding table in section 4601, the Secretary of the 18 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 999 •S 4638 RS Air Force may improve existing military family housing 1 units in an amount not to exceed $209,242,000. 2 (c) PLANNING AND DESIGN.—Using amounts appro- 3 priated pursuant to the authorization of appropriations in 4 section 2303(a) and available for military family housing 5 functions as specified in the funding table in section 4601, 6 the Secretary of the Air Force may carry out architectural 7 and engineering services and construction design activities 8 with respect to the construction or improvement of family 9 housing units in an amount not to exceed $6,557,000. 10 SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR 11 FORCE. 12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 13 are hereby authorized to be appropriated for fiscal years 14 beginning after September 30, 2024, for military con- 15 struction, land acquisition, and military family housing 16 functions of the Department of the Air Force, as specified 17 in the funding table in section 4601. 18 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 19 PROJECTS.—Notwithstanding the cost variations author- 20 ized by section 2853 of title 10, United States Code, and 21 any other cost variation authorized by law, the total cost 22 of all projects carried out under sections 2301 and 2302 23 may not exceed the total amount authorized to be appro- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1000 •S 4638 RS priated under subsection (a), as specified in the funding 1 table in section 4601. 2 SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 3 CAL YEAR 2017 PROJECT AT SPANGDAHLEM 4 AIR BASE, GERMANY. 5 (a) EXTENSION.—Notwithstanding section 2002 of 6 the Military Construction Authorization Act for Fiscal 7 Year 2017 (division B of Public Law 114–328; 130 Stat. 8 2688), the authorization set forth in the table in sub- 9 section (b), as provided in section 2902 of that Act (130 10 Stat. 2743) and extended by section 2304 of the Military 11 Construction Authorization Act for Fiscal Year 2022 (di- 12 vision B of Public Law 117–81; 135 Stat. 2169) and sec- 13 tion 2304(b) of the Military Construction Authorization 14 Act for Fiscal Year 2024 (division B of Public Law 118– 15 31; 137 Stat. 721), shall remain in effect until October 16 1, 2025, or the date of the enactment of an Act author- 17 izing funds for military construction for fiscal year 2026, 18 whichever is later. 19 (b) TABLE.—The table referred to in subsection (a) 20 is as follows: 21 Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany ......... Spangdahlem Air Base ERI: F/A–22 Low Observable/Com- posite Repair Fa- cility ..................... $12,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1001 •S 4638 RS SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CER- 1 TAIN FISCAL YEAR 2018 PROJECTS. 2 (a) EXTENSION.—Notwithstanding section 2002 of 3 the Military Construction Authorization Act for Fiscal 4 Year 2018 (division B of Public Law 115–91; 131 Stat. 5 1817), the authorizations set forth in the table in sub- 6 section (b), as provided in section 2903 of that Act (131 7 Stat. 1876) and extended by section 2304(b) of the Mili- 8 tary Construction Authorization Act for Fiscal Year 2023 9 (division B of Public Law 117–263; 136 Stat. 2980) and 10 section 2305(b) of the Military Construction Authorization 11 Act for Fiscal Year 2024 (division B of Public Law 118– 12 31; 137 Stat. 722), shall remain in effect until October 13 1, 2025, or the date of the enactment of an Act author- 14 izing funds for military construction for fiscal year 2026, 15 whichever is later. 16 (b) TABLE.—The table referred to in subsection (a) 17 is as follows: 18 Air Force: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Hungary ......... Kecskeme´t Air Base .... ERI: Airfield Up- grades .................. $12,900,000 Kecskeme´t Air Base .... ERI: Construct Par- allel Taxiway ....... $30,000,000 Kecskeme´t Air Base .... ERI: Increase POL Storage Capacity $12,500,000 Slovakia .......... Malacky ........................ ERI: Increase POL Storage Capacity $20,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1002 •S 4638 RS SEC. 2306. 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 extended by section 2306(b) of the Mili- 8 tary Construction Authorization Act for Fiscal Year 2024 9 (division B of Public Law 118–31; 137 Stat. 724), shall 10 remain in effect until October 1, 2025, or the date of the 11 enactment of an Act authorizing funds for military con- 12 struction for fiscal year 2026, whichever is later. 13 (b) TABLE.—The table referred to in subsection (a) 14 is as follows: 15 Air Force: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount United King- dom ............. RAF Fairford .............. EDI: Construct DABS–FEV Stor- age ....................... $87,000,000 RAF Fairford .............. EDI: Munitions Holding Area ....... $19,000,000 SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CER- 16 TAIN FISCAL YEAR 2020 PROJECTS. 17 (a) EXTENSION.—Notwithstanding section 2002 of 18 the Military Construction Authorization Act for Fiscal 19 Year 2020 (division B of Public Law 116–92; 133 Stat. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1003 •S 4638 RS 1862), the authorizations set forth in the table in sub- 1 section (b), as provided in sections 2301(a) and 2912(a) 2 of that Act (133 Stat. 1867, 1913), shall remain in effect 3 until October 1, 2025, or the date of the enactment of 4 an Act authorizing funds for military construction for fis- 5 cal year 2026, whichever is later. 6 (b) TABLE.—The table referred to in subsection (a) 7 is as follows: 8 Air Force: Extension of 2020 Project Authorizations State/ Country Installation or Location Project Original Authorized Amount Florida ........... Tyndall Air Force Base Deployment Center/ Flight Line Din- ing/AAFES .......... $43,000,000 New Mexico .... Kirtland Air Force Base ......................... Combat Rescue Heli- copter Simulator (CRH) ADAL ..... $15,500,000 Texas .............. Joint Base San Antonio BMT Recruit Dor- mitory 8 ............... $110,000,000 Washington .... Fairchild-White Bluff .. Consolidated TFI Base Operations .. $31,000,000 SEC. 2308. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 9 CAL YEAR 2021 PROJECT AT JOINT BASE 10 LANGLEY-EUSTIS, VIRGINIA. 11 (a) EXTENSION.—Notwithstanding section 2002 of 12 the Military Construction Authorization Act for Fiscal 13 Year 2021 (division B of Public Law 116–283; 134 Stat. 14 4294), the authorization set forth in the table in sub- 15 section (b), as provided in section 2301(a) of that Act 16 (134 Stat. 4299) and extended by section 2307(a) of the 17 Military Construction Authorization Act for Fiscal Year 18 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1004 •S 4638 RS 2024 (division B of Public Law 118–31; 137 Stat. 725), 1 shall remain in effect until October 1, 2025, or the date 2 of the enactment of an Act authorizing funds for military 3 construction for fiscal year 2026, whichever is later. 4 (b) TABLE.—The table referred to in subsection (a) 5 is as follows: 6 Air Force: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Virginia .......... Joint Base Langley– Eustis ....................... Access Control Point Main Gate with Land Acq. ............ $19,500,000 SEC. 2309. EXTENSION OF AUTHORITY TO CARRY OUT CER- 7 TAIN FISCAL YEAR 2022 PROJECTS. 8 (a) EXTENSION.—Notwithstanding section 2002 of 9 the Military Construction Authorization Act for Fiscal 10 Year 2022 (division B of Public Law 117–81; 135 Stat. 11 2161), the authorizations set forth in the table in sub- 12 section (b), as provided in section 2301 of that Act (135 13 Stat. 2168), shall remain in effect until October 1, 2025, 14 or the date of the enactment of an Act authorizing funds 15 for military construction for fiscal year 2026, whichever 16 is later. 17 (b) TABLE.—The table referred to in subsection (a) 18 is as follows: 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1005 •S 4638 RS Air Force: Extension of 2022 Project Authorizations Country Installation or Location Project Original Authorized Amount Australia ........ Royal Australian Air Force Base Darwin .. Squadron Operations Facility ................ $7,400,000 Royal Australian Air Force Base Tindal ... Aircraft Mainte- nance Support Facility ................ $6,200,000 Royal Australian Air Force Base Tindal ... Squadron Operations Facility ................ $8,200,000 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 Royal Air Force Lakenheath .............. F–35A Munition In- spection Facility .. $31,000,000 Royal Air Force Lakenheath .............. F–35A Weapons Load Training Facility ................ $49,000,000 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 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1006 •S 4638 RS side the United States, and in the amounts, set forth in 1 the following table: 2 Defense Agency: Inside the United States State Installation or Location Amount Alaska ............................... Eielson Air Force Base ......................................... $14,000,000 Joint Base Elmendorf-Richardson ........................ $55,000,000 Arizona ............................. Marine Corps Air Station Yuma ........................... $62,000,000 California .......................... Marine Corps Base Camp Pendleton .................... $96,410,000 Marine Corps Mountain Warfare Training Center $19,300,000 Colorado ............................ Fort Carson ........................................................... $41,000,000 Florida .............................. Hurlburt Field ...................................................... $14,000,000 Georgia ............................. Hunter Army Airfield ........................................... $63,800,000 Guam ................................ Joint Region Marianas .......................................... $929,224,000 Missouri ............................ Whiteman Air Force Base .................................... $19,500,000 North Carolina ................. Fort Liberty .......................................................... $41,800,000 Marine Corps Base Camp Lejeune ....................... $82,400,000 South Carolina ................. Marine Corps Air Station Beaufort ...................... $31,500,000 Marine Corps Recruit Depot Parris Island .......... $72,050,000 Texas ................................ Naval Air Station Corpus Christi ......................... $79,300,000 National Security Agency Texas ........................... $347,000,000 Virginia ............................. Fort Belvoir .......................................................... $225,000,000 Joint Expeditionary Base Little Creek-Fort Story $32,000,000 Pentagon ............................................................... $36,800,000 Washington ....................... Naval Air Station Whidbey Island ........................ $54,000,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 3 appropriated pursuant to the authorization of appropria- 4 tions in section 2403(a) and available for military con- 5 struction projects outside the United States as specified 6 in the funding table in section 4601, the Secretary of De- 7 fense may acquire real property and carry out military 8 construction projects for the installations or locations out- 9 side the United States, and in the amounts, set forth in 10 the following table: 11 Defense Agency: Outside the United States Country Installation or Location Amount Japan ................................ Marine Corps Base Camp Smedley D. Butler ...... $160,000,000 Korea ................................ Kunsan Air Base ................................................... $64,942,000 United Kingdom ............... Royal Air Force Lakenheath ................................ $153,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1007 •S 4638 RS SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON- 1 SERVATION INVESTMENT PROGRAM 2 PROJECTS. 3 (a) INSIDE THE UNITED STATES.—Using amounts 4 appropriated pursuant to the authorization of appropria- 5 tions in section 2403(a) and available for energy conserva- 6 tion projects as specified in the funding table in section 7 4601, the Secretary of Defense may carry out energy con- 8 servation projects under chapter 173 of title 10, United 9 States Code, for the installations or locations inside the 10 United States, and in the amounts, set forth in the fol- 11 lowing table: 12 ERCIP Projects: Inside the United States State Installation or Location Amount Alabama ............................ Anniston Army Depot ........................................... $56,450,000 Delaware ........................... Major Joseph R. ‘‘Beau’’ Biden III National Guard/Reserve Center. $22,050,000 Hawaii .............................. Joint Base Pearl Harbor-Hickam ......................... $12,813,000 Illinois ............................... Rock Island Arsenal .............................................. $70,480,000 Indiana ............................. Camp Atterbury-Muscatatuck ............................... $39,180,000 Maine ................................ Naval Shipyard Portsmouth ................................. $28,700,000 Maryland .......................... Aberdeen Proving Ground ..................................... $30,730,000 Joint Base Andrews .............................................. $17,920,000 New Jersey ....................... Joint Base McGuire-Dix-Lakehurst ..................... $17,730,000 Ohio .................................. Wright-Patterson Air Force Base ......................... $53,000,000 Washington ....................... Joint Base Lewis-McChord - Gray Army Airfield $40,000,000 Naval Magazine Indian Island .............................. $39,490,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 13 appropriated pursuant to the authorization of appropria- 14 tions in section 2403(a) and available for energy conserva- 15 tion projects as specified in the funding table in section 16 4601, the Secretary of Defense may carry out energy con- 17 servation projects under chapter 173 of title 10, United 18 States Code, for the installations or locations outside the 19 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1008 •S 4638 RS United States, and in the amounts, set forth in the fol- 1 lowing table: 2 ERCIP Projects: Outside the United States State Installation or Location Amount Bahrain ............................. Naval Support Bahrain ......................................... $15,330,000 Greece ............................... Naval Support Activity Souda Bay ....................... $42,500,000 Italy .................................. Naval Air Station Sigonella .................................. $13,470,000 Japan ................................ Camp Fuji ............................................................. $45,870,000 Marine Corps Air Station Iwakuni ....................... $89,400,000 Marine Corps Base Camp Butler ......................... $57,570,000 (c) IMPROVEMENT OF CONVEYED UTILITY SYS- 3 TEMS.—In the case of a utility system that is conveyed 4 under section 2688 of title 10, United States Code, and 5 that only provides utility services to a military installation, 6 notwithstanding subchapters I and III of chapter 169 and 7 chapters 221 and 223 of title 10, United States Code, the 8 Secretary of Defense or the Secretary of a military depart- 9 ment may authorize a contract with the conveyee of the 10 utility system to carry out the military construction 11 projects set forth in the following table: 12 Improvement of Conveyed Utility Systems Country Installation or Location Project Maryland .......................... Aberdeen Proving Ground (Edgewood) ................ Power Generation and Microgrid Washington ....................... Joint Base Lewis-McChord - Gray Army Airfield Power Generation and Microgrid SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE- 13 FENSE AGENCIES. 14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 15 are hereby authorized to be appropriated for fiscal years 16 beginning after September 30, 2024, for military con- 17 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1009 •S 4638 RS struction, land acquisition, and military family housing 1 functions of the Department of Defense (other than the 2 military departments), as specified in the funding table 3 in section 4601. 4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 5 PROJECTS.—Notwithstanding the cost variations author- 6 ized by section 2853 of title 10, United States Code, and 7 any other cost variation authorized by law, the total cost 8 of all projects carried out under sections 2401 and 2402 9 may not exceed the total amount authorized to be appro- 10 priated under subsection (a), as specified in the funding 11 table in section 4601. 12 SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 13 CAL YEAR 2018 PROJECT IN IWAKUNI, JAPAN. 14 (a) EXTENSION.—Notwithstanding section 2002 of 15 the Military Construction Authorization Act for Fiscal 16 Year 2018 (division B of Public Law 115–91; 131 Stat. 17 1817), the authorization set forth in the table in sub- 18 section (b), as provided in section 2401(b) of that Act 19 (131 Stat. 1829) and extended by section 2404 of the 20 Military Construction Authorization Act for Fiscal Year 21 2023 (division B of Public Law 117–263; 136 Stat. 2984) 22 and by section 2404 of the Military Construction Author- 23 ization Act for Fiscal Year 2024 (division B of Public Law 24 118–31; 137 Stat. 728), shall remain in effect until Octo- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1010 •S 4638 RS ber 1, 2025, or the date of the enactment of an Act au- 1 thorizing funds for military construction for fiscal year 2 2026, whichever is later. 3 (b) TABLE.—The table referred to in subsection (a) 4 is as follows: 5 Defense Agencies: Extension of 2018 Project Authorizations Country Installation or Location Project Original Au- thorized Amount Japan ............. Iwakuni ............... PDI: Construct Bulk Stor- age Tanks PH 1 ............ $30,800,000 SEC. 2405. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 6 CAL YEAR 2019 PROJECT IN IWAKUNI, JAPAN. 7 (a) EXTENSION.—Notwithstanding section 2002 of 8 the Military Construction Authorization Act for Fiscal 9 Year 2019 (division B of Public Law 115–232; 132 Stat. 10 2240), the authorization set forth in the table in sub- 11 section (b), as provided in section 2401(b) of that Act 12 (132 Stat. 2249) and extended by section 2405(a) of the 13 Military Construction Authorization Act for Fiscal Year 14 2024 (division B of Public Law 118–31; 137 Stat. 729), 15 shall remain in effect until October 1, 2025, or the date 16 of the enactment of an Act authorizing funds for military 17 construction for fiscal year 2026, whichever is later. 18 (b) TABLE.—The table referred to in subsection (a) 19 is as follows: 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1011 •S 4638 RS Defense Agencies: Extension of 2019 Project Authorizations Country Installation or Location Project Original Au- thorized Amount Japan ............. Iwakuni ............... Fuel Pier ........................... $33,200,000 SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 1 CAL YEAR 2020 PROJECT IN FORT 2 INDIANTOWN GAP, PENNSYLVANIA. 3 (a) EXTENSION.—Notwithstanding section 2002 of 4 the Military Construction Authorization Act for Fiscal 5 Year 2020 (division B of Public Law 116–92; 133 Stat. 6 1862), the authorization set forth in the table in sub- 7 section (b), as authorized pursuant to section 2402 of such 8 Act (133 Stat. 1872), shall remain in effect until October 9 1, 2025, or the date of the enactment of an Act author- 10 izing funds for military construction for fiscal year 2026, 11 whichever is later. 12 (b) TABLE.—The table referred to in subsection (a) 13 is as follows: 14 ERCIP Project: Extension of 2020 Project Authorization Country Installation or Location Project Original Au- thorized Amount Pennsylvania .. Fort Indiantown Gap ................. Install Geothermal and 413 kW Solar Photo- voltaic (PV) Array ......... $3,950,000 SEC. 2407. EXTENSION OF AUTHORITY TO CARRY OUT CER- 15 TAIN FISCAL YEAR 2021 PROJECTS. 16 (a) EXTENSION.—Notwithstanding section 2002 of 17 the Military Construction Authorization Act for Fiscal 18 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1012 •S 4638 RS 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 sections 2401(b) and 2402 of 3 that Act (134 Stat. 4305, 4306) and extended by sections 4 2406 and 2407 of the Military Construction Authorization 5 Act for Fiscal Year 2024 (division B of Public Law 118– 6 31; 137 Stat. 730), shall remain in effect until October 7 1, 2025, or the date of the enactment of an Act author- 8 izing funds for military construction for fiscal year 2026, 9 whichever is later. 10 (b) TABLE.—The table referred to in subsection (a) 11 is as follows: 12 Defense Agencies and ERCIP Projects: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Au- thorized Amount Arkansas ........ Ebbing Air Na- tional Guard Base ................ PV Arrays and Battery Storage .......................... $2,600,000 California ....... Marine Corps Air Ground Combat Center Twentynine Palms .............. Install 10 MW Battery Energy Storage for Var- ious Buildings ................ $11,646,000 Naval Support Activity Mon- terey ................ Cogeneration Plant at B236 .............................. $10,540,000 Italy ................ Naval Support Activity Naples Smart Grid ........................ $3,490,000 Japan ............. Def Fuel Support Point Tsurumi Fuel Wharf ........................ $49,500,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1013 •S 4638 RS SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT 1 FISCAL YEAR 2022 PROJECT AT JOINT BASE 2 ANACOSTIA-BOLLING, DISTRICT OF COLUM- 3 BIA. 4 In the case of the authorization contained in the table 5 in section 2402(a) of the Military Construction Authoriza- 6 tion Act for Fiscal Year 2022 (division B of Public Law 7 117–81; 135 Stat. 2174) for Joint Base Anacostia- 8 Bolling, District of Columbia, for construction of PV car- 9 ports, the Secretary of Defense may install a 1.0 megawatt 10 battery energy storage system for a total project amount 11 of $40,650,000. 12 SEC. 2409. 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 sections 2401(b) and 2402 of 19 that Act (135 Stat. 2173, 2174), shall remain in effect 20 until October 1, 2025, or the date of the enactment of 21 an Act authorizing funds for military construction for fis- 22 cal year 2026, whichever is later. 23 (b) TABLE.—The table referred to in subsection (a) 24 is as follows: 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1014 •S 4638 RS Defense Agencies and ERCIP Projects: Extension of 2022 Project Authorizations State/Country Installation or Location Project Original Au- thorized Amount Alabama ......... Fort Novosel ....... 10 MW RICE Generator Plant and Microgrid Controls ......................... $24,000,000 California ....... Marine Corps Air Station Miramar .......... Additional LFG Power Meter Station ................ $4,054,000 Naval Air Weap- ons Station China Lake- Ridgecrest ....... Solar Energy Storage Sys- tem ................................ $9,120,000 Georgia ........... Fort Moore ......... 4.8 MW Generation and Microgrid ....................... $17,593,000 Fort Stewart ....... 10 MW Generation Plant, with Microgrid Control .. $22,000,000 Guam .............. Polaris Point Submarine Base ................ Inner Apra Harbor Resil- iency Upgrades Ph 1 ..... $38,300,000 Michigan ......... Camp Grayling ... 650 KW Gas-Fired Micro- Turbine Generation Sys- tem ................................ $5,700,000 Mississippi ...... Camp Shelby ....... 10 MW Generation Plant and Feeder level Microgrid System. ......... $34,500,000 Camp Shelby ....... Electrical Distribution In- frastructure Under- grounding Hardening Project ........................... $11,155,000 New York ....... Fort Drum .......... Wellfield Field Expansion Project ........................... $27,000,000 North Carolina Fort Liberty ....... 10 MW Microgrid Utilizing Existing and New Gen- erators ........................... $19,464,000 ........................ Fort Liberty ....... Emergency Water System $7,705,000 Ohio ................ Springfield-Beck- ley Municipal Airport ............ Base-Wide Microgrid With Natural Gas Generator, Photovoltaic and Battery Storage .......................... $4,700,000 Puerto Rico .... Aguadilla ............. Microgrid Control System, 460 KW PV, 275 KW Generator, 660 Kwh Bess ............................... $10,120,000 Fort Allen ........... Microgrid Control System, 690 KW PV, 275 KW Gen, 570 Kwh Bess ...... $12,190,000 Tennessee ....... Memphis Inter- national Air- port ................. PV Arrays and Battery Storage .......................... $4,780,000 United King- dom. Royal Air Force Lakenheath ..... Hospital Replacement- Temporary Facilities ..... $19,283,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1015 •S 4638 RS Defense Agencies and ERCIP Projects: Extension of 2022 Project Authorizations—Continued State/Country Installation or Location Project Original Au- thorized Amount Virginia .......... National Geospatial-In- telligence Agen- cy Campus East ................ Electrical System Redun- dancy ............................. $5,299,000 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, 2024, 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 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1016 •S 4638 RS States of the cost of projects for the North Atlantic Treaty 1 Organization Security Investment Program authorized by 2 section 2501, and in the amounts, set forth in the fol- 3 lowing table: 4 North Atlantic Treaty Organization Security Investment Program Location Installation or Location Amount Worldwide Unspec- ified ...................... NATO Security Investment Program .......... $463,864,000 SEC. 2503. EXTENSION OF USE OF AUTHORIZED AMOUNTS 5 FOR NORTH ATLANTIC TREATY ORGANIZA- 6 TION SECURITY INVESTMENT PROGRAM. 7 Section 2806(b) of title 10, United States Code, is 8 amended— 9 (1) by striking ‘‘Funds’’ and inserting ‘‘(1) 10 Funds’’; and 11 (2) by adding at the end the following new 12 paragraph: 13 ‘‘(2) If any funds authorized for the North Atlantic 14 Treaty Organization Security Investment program for a 15 fiscal year are available to be obligated or expended at the 16 end of that fiscal year and no funds have been authorized 17 for the following fiscal year, not more than 25 percent of 18 the amount authorized for the North Atlantic Treaty Or- 19 ganization Security Investment program for that fiscal 20 year shall be deemed to be authorized by law for purposes 21 of paragraph (1) for the following fiscal year.’’. 22 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1017 •S 4638 RS SEC. 2504. MODIFICATION OF CONTRIBUTIONS FOR 1 PROJECTS EXECUTED BY THE UNITED 2 STATES UNDER THE NORTH ATLANTIC TREA- 3 TY ORGANIZATION SECURITY INVESTMENT 4 PROGRAM. 5 Section 2350q of title 10, United States Code, is 6 amended— 7 (1) in subsection (c), by amending paragraph 8 (3) to read as follows: 9 ‘‘(3) If contributions are made under paragraph (1) 10 as reimbursement for a project or portion of a project pre- 11 viously completed by the Department of Defense, such 12 contributions shall be credited to appropriations for the 13 Program and shall merge with and remain available for 14 the same purposes and duration as such appropriations.’’; 15 and 16 (2) in subsection (e)— 17 (A) by striking paragraph (2); 18 (B) by striking ‘‘(1) In the event’’ and in- 19 serting ‘‘In the event’’; and 20 (C) by striking ‘‘using any unobligated 21 funds’’ and all that follows through the period 22 at the end and inserting ‘‘using— 23 ‘‘(1) any unobligated funds appropriated to the 24 Secretary for military construction; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1018 •S 4638 RS ‘‘(2) unobligated funds available for operation 1 and maintenance if the aggregate amount of insuffi- 2 cient contributions for the project does not exceed 3 the amount specified in section 2805(c) of this 4 title.’’. 5 SEC. 2505. CONTRIBUTIONS FOR PROJECTS EXECUTED BY 6 HOST NATIONS OTHER THAN THE UNITED 7 STATES UNDER THE NORTH ATLANTIC TREA- 8 TY ORGANIZATION SECURITY INVESTMENT 9 PROGRAM. 10 Section 2350q of title 10, United States Code, is 11 amended— 12 (1) by redesignating subsection (f) as sub- 13 section (g); and 14 (2) by inserting after subsection (e) the fol- 15 lowing new subsection (f): 16 ‘‘(f) CONJUNCTIVE CONTRIBUTIONS IF THE UNITED 17 STATES IS NOT DESIGNATED AS THE HOST NATION FOR 18 A PROJECT.—(1) If the United States is not designated 19 as the Host Nation for purposes of executing a project 20 under the Program and such project meets the minimum 21 military requirements of the North Atlantic Treaty Orga- 22 nization but does not fully meet the requirements of the 23 Department of Defense, the Secretary of Defense, upon 24 determination that completion of the project is in the na- 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1019 •S 4638 RS tional interest of the United States, may provide conjunc- 1 tive contributions to the designated Host Nation using— 2 ‘‘(A) any unobligated funds appropriated to the 3 Secretary for military construction; and 4 ‘‘(B) unobligated funds available for operation 5 and maintenance if the aggregate amount of con- 6 junctive contributions for the project does not exceed 7 the amount specified in section 2805(c) of this title. 8 ‘‘(2)(A) A project may be carried out with conjunctive 9 contributions provided under paragraph (1) only after the 10 end of the 14-day period beginning on the date on which 11 a report described in subparagraph (B) with respect to 12 the project is received by the congressional defense com- 13 mittees in an electronic medium. 14 ‘‘(B) A report described in this subparagraph with 15 respect to a project shall contain— 16 ‘‘(i) a notification of the decision of the Sec- 17 retary to provide conjunctive contributions under 18 paragraph (1) with respect to the project; 19 ‘‘(ii) a description of the justification for the 20 project; 21 ‘‘(iii) an identification of the source of funds to 22 be used for the project; and 23 ‘‘(iv) an assessment of the estimated cost of the 24 project.’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1020 •S 4638 RS 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 Carroll ...... MSC-K Paint Removal Booth. $9,400,000 Army .............. Camp Carroll ...... Tactical Equipment Main- tenance Facility (TEMF). $72,000,000 Army .............. Camp Walker ...... Elementary School ............ $46,000,000 Army .............. USAG Hum- phreys. Embedded Behavioral Health Clinic. $10,000,000 Army .............. USAG Hum- phreys. General Support Aviation Battalion Hangar. $180,000,000 Navy ............... Chinhae ............... Upgrade Main Access Con- trol Point. $9,200,000 Air Force ........ Daegu AB ........... Upgrade Water Distribu- tion System. $9,600,000 Air Force ........ Kunsan AB ......... Combat Small Arms Range $31,000,000 Air Force ........ Kunsan AB ......... Fighter Squadron and Fighter Generation Squadron Operations Facility. $46,000,000 Air Force ........ Osan AB ............. Distributed Mission Oper- ations (DMO) Flight Simulator. $15,000,000 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 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1021 •S 4638 RS 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 Air Force ........ Lask AB ............. AT/FP Upgrades for PPI Mission. $22,000,000 Air Force ........ Lask AB ............. Connecting Taxiways for RPA Mission. $18,000,000 Air Force ........ Lask AB ............. Ground Comms and Data Support Area for RPA Mission. $5,000,000 Air Force ........ Lask AB ............. Maintenance Hangar for PPI Mission. $69,000,000 Air Force ........ Lask AB ............. RPA Parking Apron ......... $18,000,000 Air Force ........ Wroclaw AB ....... AT/FP Upgrades for APOD Mission. $46,000,000 Air Force ........ Wroclaw AB ....... Comms Infrastructure for APOD Mission. $10,000,000 TITLE XXVI—GUARD AND 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 Army National Guard: State Location Amount Alaska ...................... Joint Base Elmendorf-Richardson ............... $67,000,000 Iowa ......................... Sioux City Armory ....................................... $13,800,000 Kentucky .................. Fort Campbell .............................................. $18,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1022 •S 4638 RS Army National Guard:—Continued State Location Amount Louisiana ................. Lafayette Readiness Center ......................... $33,000,000 Mississippi ............... Southaven Readiness Center ........................ $33,000,000 Montana ................... Malta Readiness Center ............................... $14,800,000 Nevada ..................... Hawthorne Army Depot ............................... $18,000,000 New Jersey .............. National Guard Training Center Sea Girt .. $25,300,000 Vineland ....................................................... $23,000,000 Ohio ......................... Lima ............................................................. $26,000,000 Oklahoma ................. Shawnee Readiness Center .......................... $29,000,000 Utah ......................... Nephi Readiness Center ............................... $20,000,000 Washington .............. Camp Murray ............................................... $40,000,000 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 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 locations inside the United 8 States, and in the amounts, set forth in the following 9 table: 10 Army Reserve State Location Amount California ................. Camp Parks ................................................. $42,000,000 Georgia .................... Dobbins Air Reserve Base ........................... $78,000,000 Kentucky .................. Fort Knox .................................................... $138,000,000 Massachusetts .......... Devens Reserve Forces Training Area ........ $39,000,000 New Jersey .............. Joint Base McGuire-Dix-Lakehurst ............. $16,000,000 Pennsylvania ............ Wilkes-Barre ................................................ $22,000,000 Puerto Rico .............. Fort Buchanan ............................................. $39,000,000 Virginia .................... Richmond ..................................................... $23,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1023 •S 4638 RS SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 1 CORPS RESERVE CONSTRUCTION AND LAND 2 ACQUISITION PROJECTS. 3 Using amounts appropriated pursuant to the author- 4 ization of appropriations in section 2606 and available for 5 the National Guard and Reserve as specified in the fund- 6 ing table in section 4601, the Secretary of the Navy may 7 acquire real property and carry out military construction 8 projects for the Navy Reserve and Marine Corps Reserve 9 locations inside the United States, and in the amounts, 10 set forth in the following table: 11 Navy Reserve and Marine Corps Reserve State Location Amount Texas ....................... Naval Air Station Joint Reserve Base Fort Worth. $75,000,000 Washington .............. Joint Base Lewis-McChord .......................... $26,610,000 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC- 12 TION AND LAND ACQUISITION PROJECTS. 13 Using amounts appropriated pursuant to the author- 14 ization of appropriations in section 2606 and available for 15 the National Guard and Reserve as specified in the fund- 16 ing table in section 4601, the Secretary of the Air Force 17 may acquire real property and carry out military construc- 18 tion projects for the Air National Guard locations inside 19 the United States, and in the amounts, set forth in the 20 following table: 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1024 •S 4638 RS Air National Guard State Location Amount Alaska ...................... Joint Base Elmendorf–Richardson .............. $63,300,000 California ................. Moffett Airfield ............................................ $12,600,000 Florida ..................... Jacksonville International Airport ............... $26,200,000 Hawaii ..................... Hickam Air Force Base ............................... $36,600,000 Maine ....................... Bangor International Airport ...................... $48,000,000 New Jersey .............. Atlantic City International Airport .............. $18,000,000 New York ................. Francis S. Gabreski Airport ........................ $14,000,000 Texas ....................... Fort Worth ................................................... $13,100,000 SEC. 2605. AUTHORIZED AIR FORCE RESERVE 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 locations inside 8 the United States, and in the amounts, set forth in the 9 following table: 10 Air Force Reserve State Location Amount Indiana .................... Grissom Air Reserve Base ........................... $21,000,000 Ohio ......................... Youngstown Air Reserve Station ................. $25,000,000 South Carolina ......... Joint Base Charleston .................................. $33,000,000 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, 2024, for the 14 costs of acquisition, architectural and engineering services, 15 and construction of facilities for the Guard and Reserve 16 Forces, and for contributions therefor, under chapter 17 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1025 •S 4638 RS 1803 of title 10, United States Code (including the cost 1 of acquisition of land for those facilities), as specified in 2 the funding table in section 4601. 3 SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FIS- 4 CAL YEAR 2018 PROJECT AT HULMAN RE- 5 GIONAL AIRPORT, INDIANA. 6 (a) EXTENSION.—Notwithstanding section 2002 of 7 the Military Construction Authorization Act for Fiscal 8 Year 2018 (division B of Public Law 115–91; 131 Stat. 9 1817), the authorization set forth in the table in sub- 10 section (b), as provided in section 2604 of that Act (131 11 Stat. 1836) and extended by section 2608 of the Military 12 Construction Act for Fiscal Year 2023 (division B of Pub- 13 lic Law 117–263; 136 Stat. 2989) and section 2607 of 14 the Military Construction Act for Fiscal Year 2024 (divi- 15 sion B of Public Law 118–31; 137 Stat. 737), shall re- 16 main in effect until October 1, 2025, or the date of the 17 enactment of an Act authorizing funds for military con- 18 struction for fiscal year 2026, whichever is later. 19 (b) TABLE.—The table referred to in subsection (a) 20 is as follows: 21 National Guard and Reserve: Extension of 2018 Project Authorization State Installation or Location Project Original Au- thorized Amount Indiana ........... Hulman Regional Airport ............ Construct Small Arms Range ............................ $8,000,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1026 •S 4638 RS SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CER- 1 TAIN FISCAL YEAR 2020 PROJECTS. 2 (a) EXTENSION.—Notwithstanding section 2002 of 3 the Military Construction Defense Authorization Act for 4 Fiscal Year 2020 (division B of Public Law 116–92; 133 5 Stat. 1862), the authorizations set forth in the table in 6 subsection (b), as provided in section 2601 of that Act 7 (133 Stat. 1875), shall remain in effect until October 1, 8 2025, or the date of the enactment of an Act authorizing 9 funds for military construction for fiscal year 2026, which- 10 ever is later. 11 (b) TABLE.—The table referred to in subsection (a) 12 is as follows: 13 National Guard and Reserve: Extension of 2020 Project Authorization State/Country Installation or Location Project Original Au- thorized Amount California ....... Camp Roberts ..... Automated Multipurpose Machine Gun (MPMG) Range ............................ $12,000,000 Pennsylvania .. Moon Township .. Combined Support Mainte- nance Shop .................... $23,000,000 SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CER- 14 TAIN FISCAL YEAR 2021 PROJECTS. 15 (a) EXTENSION.—Notwithstanding section 2002 of 16 the Military Construction Authorization Act for Fiscal 17 Year 2021 (Division B of Public Law 116–283; 134 Stat. 18 4294), the authorizations set forth in the table in sub- 19 section (b), as provided in sections 2601, 2602, and 2604 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1027 •S 4638 RS of that Act (134 Stat. 4312, 4313, 4314) and extended 1 by section 2609 of the Military Construction Authoriza- 2 tion Act for Fiscal Year 2024 (division B of Public Law 3 118–31; 137 Stat. 738), shall remain in effect until Octo- 4 ber 1, 2025, or the date of the enactment of an Act au- 5 thorizing funds for military construction for fiscal year 6 2026, whichever is later. 7 (b) TABLE.—The table referred to in subsection (a) 8 is as follows: 9 National Guard and Reserve: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Au- thorized Amount Arkansas ........ Fort Chaffee ....... National Guard Readiness Center ............................ $15,000,000 California ....... Bakersfield .......... National Guard Vehicle Maintenance Shop ......... $9,300,000 Massachusetts Devens Reserve Forces Train- ing Area .......... Automated Multipurpose Machine Gun Range ...... $8,700,000 North Carolina Asheville .............. Army Reserve Center/Land $24,000,000 Puerto Rico .... Fort Allen ........... National Guard Readiness Center ............................ $37,000,000 South Carolina Joint Base Charleston ....... National Guard Readiness Center ............................ $15,000,000 Texas .............. Fort Worth ......... Aircraft Maintenance Hangar Addition/Alt. .... $6,000,000 Joint Base San Antonio ........... F–16 Mission Training Center ............................ $10,800,000 Virgin Islands St. Croix ............. Army Aviation Support Facility (AASF) ............ $28,000,000 ............................. CST Ready Building ......... $11,400,000 SEC. 2610. EXTENSION OF AUTHORITY TO CARRY OUT CER- 10 TAIN FISCAL YEAR 2022 PROJECTS. 11 (a) EXTENSION.—Notwithstanding section 2002 of 12 the Military Construction Authorization Act for Fiscal 13 Year 2022 (Division B of Public Law 117–81; 135 Stat. 14 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1028 •S 4638 RS 2161), the authorizations set forth in the table in sub- 1 section (b), as provided in sections 2601, 2602, 2604, and 2 2605 of that Act (135 Stat. 2178, 2179) and amended 3 by section 2607(1) of the Military Construction Authoriza- 4 tion Act for Fiscal Year 2023 (division B of Public Law 5 117–263; 136 Stat. 2988), shall remain in effect until Oc- 6 tober 1, 2026, or the date of the enactment of an Act 7 authorizing funds for military construction for fiscal year 8 2027, whichever is later. 9 (b) TABLE.—The table referred to in subsection (a) 10 is as follows: 11 National Guard and Reserve: Extension of 2022 Project Authorizations State Installation or Location Project Original Au- thorized Amount Alabama ......... Huntsville Readi- ness Center ..... National Guard Readiness Center ............................ $17,000,000 Georgia ........... Fort Moore ......... Post-Initial Military Train- ing Unaccompanied Housing ......................... $13,200,000 Indiana ........... Grissom Air Re- serve Base ....... Logistics Readiness Com- plex ................................ $29,000,000 Massachusetts Barnes Air Na- tional Guard Base ................ Combined Engine/ASE/ NDI Shop ...................... $12,200,000 Mississippi ...... Jackson Inter- national Air- port ................. Fire Crash and Rescue Station ........................... $9,300,000 New York ....... Francis S. Gabreski Air- port ................. Base Civil Engineer Com- plex ................................ $14,800,000 Ohio ................ Wright-Patterson Air Force Base AR Center Training Building/ UHS .............. $19,000,000 Texas .............. Kelly Field Annex Aircraft Corrosion Control $9,500,000 Vermont ......... Bennington Na- tional Guard Armory ............ National Guard Readiness Center ............................ $16,900,000 Wisconsin ....... Fort McCoy ........ Transient Training Officer Barracks ........................ $29,200,000 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1029 •S 4638 RS National Guard and Reserve: Extension of 2022 Project Authorizations—Continued State Installation or Location Project Original Au- thorized Amount Wyoming ........ Cheyenne Munic- ipal Airport ..... Combined Vehicle Mainte- nance and ASE Complex $13,400,000 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 1 FISCAL YEAR 2022 PROJECT. 2 In the case of the authorization contained in the table 3 in section 2601 of the Military Construction Authorization 4 Act for Fiscal Year 2022 (division B of Public Law 117– 5 81; 135 Stat. 2178) for Bennington National Guard Ar- 6 mory, Vermont, for construction of a National Guard 7 Readiness Center as specified in the funding table in sec- 8 tion 4601 of such Act and extended pursuant to section 9 2610 of this Act, the Secretary of the Army may construct 10 the National Guard Readiness Center in Lyndon, 11 Vermont. 12 TITLE XXVII—BASE REALIGN- 13 MENT AND CLOSURE ACTIVI- 14 TIES 15 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 16 BASE REALIGNMENT AND CLOSURE ACTIVI- 17 TIES FUNDED THROUGH DEPARTMENT OF 18 DEFENSE BASE CLOSURE ACCOUNT. 19 Funds are hereby authorized to be appropriated for 20 fiscal years beginning after September 30, 2024, for base 21 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1030 •S 4638 RS realignment and closure activities, including real property 1 acquisition and military construction projects, as author- 2 ized by the Defense Base Closure and Realignment Act 3 of 1990 (part A of title XXIX of Public Law 101–510; 4 10 U.S.C. 2687 note) and funded through the Department 5 of Defense Base Closure Account established by section 6 2906 of such Act, as specified in the funding table in sec- 7 tion 4601. 8 TITLE XXVIII—MILITARY CON- 9 STRUCTION GENERAL PROVI- 10 SIONS 11 Subtitle A—Military Construction 12 Program 13 SEC. 2801. INCLUSION OF LAND ACQUISITION UNDER DEFI- 14 NITION OF UNSPECIFIED MINOR MILITARY 15 CONSTRUCTION PROJECT. 16 Section 2805(a)(2) of title 10, United States Code, 17 is amended by striking ‘‘or a demolition project’’ and in- 18 serting ‘‘, land acquisition, or demolition project’’. 19 SEC. 2802. EXTENSION OF EXPANDED AUTHORITY TO CON- 20 VEY PROPERTY AT MILITARY INSTALLA- 21 TIONS. 22 (a) IN GENERAL.—Subparagraph (C) of section 23 2869(a)(3) of title 10, United States Code, is amended 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1031 •S 4638 RS by striking ‘‘five-year period’’ and inserting ‘‘eight-year 1 period’’. 2 (b) TECHNICAL CORRECTION.—Subparagraph (A)(i) 3 of such section is amended by striking ‘‘2679(e)’’ and in- 4 serting ‘‘section 2679(f)’’. 5 SEC. 2803. AUTHORITY TO ACCEPT HOST NATION FINAN- 6 CIAL SERVICES IN THE FORM OF AN IRREV- 7 OCABLE LETTER OF CREDIT. 8 Section 2350g(a) of title 10, United States Code, is 9 amended — 10 (1) in paragraph (1), by striking ‘‘; and’’ and 11 inserting a semicolon; 12 (2) in paragraph (2), by striking the period and 13 inserting ‘‘; and’’; and 14 (3) by adding at the end the following new 15 paragraph: 16 ‘‘(3) financial services in the form of an irrev- 17 ocable letter of credit that is— 18 ‘‘(A) established and controlled by the for- 19 eign country for making payments on behalf of 20 the Department of Defense when executing con- 21 tracts entered into under the authority of part 22 V of subtitle A of this title; and 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1032 •S 4638 RS ‘‘(B) issued by a financial institution ac- 1 ceptable to the Treasurer of the United 2 States.’’. 3 SEC. 2804. MODIFICATION OF AUTHORITY FOR INDO-PA- 4 CIFIC POSTURE UNSPECIFIED MINOR MILI- 5 TARY CONSTRUCTION PROJECTS. 6 Section 2810 of the National Defense Authorization 7 Act for Fiscal Year 2024 (Public Law 118–31) is amend- 8 ed— 9 (1) in subsection (a), by striking 10 ‘‘$15,000,000’’ and inserting ‘‘$30,000,000’’; 11 (2) in subsection (b), by amending paragraph 12 (2) to read as follows: 13 ‘‘(2) to the extent necessary, as either a stand- 14 alone acquisition or as part of a minor military con- 15 struction project, any acquisition of interests in 16 land, or support or reimbursement for acquisition of 17 interests in land, for establishment of a defense site 18 or other area over which the Secretary of a military 19 department or the Secretary of Defense will exercise 20 operational control, without regard to the duration 21 of the operational control.’’; 22 (3) in subsection (c)— 23 (A) in paragraph (2), by striking ‘‘; or’’ 24 and inserting semicolon; 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1033 •S 4638 RS (B) in paragraph (3), by striking the pe- 1 riod and inserting ‘‘; or’’; and 2 (C) by adding at the end the following new 3 paragraph: 4 ‘‘(4) acquiring interests in land, defense sites, 5 or operational control over areas needed to support 6 another project or projects under this section or to 7 support a future military construction project.’’; 8 (4) in subsection (d), by inserting ‘‘or planned 9 military installation’’ after ‘‘military installation’’; 10 and 11 (5) in subsection (e)(2), by striking ‘‘section 12 2805(c) of title 10, United States Code’’ and insert- 13 ing ‘‘subsection (c) of section 2805, United States 14 Code, subject to adjustment upward to reflect a con- 15 struction cost index published pursuant to sub- 16 section (f) of such section if such an index applies 17 to the location of the project, except that the ad- 18 justed amount may not exceed the limit under sub- 19 section (a)’’. 20 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1034 •S 4638 RS SEC. 2805. REQUIREMENT THAT DAMAGED OR DESTROYED 1 FACILITIES ARE BUILT BACK WITH RESIL- 2 IENCE. 3 Section 2854 of title 10, United States Code, is 4 amended by adding at the end the following new sub- 5 section: 6 ‘‘(d)(1) Any military construction project to repair, 7 restore, or replace a damaged or destroyed facility, includ- 8 ing a family housing facility, shall be designed and con- 9 structed to prevent future damage or destruction by the 10 cause or causes that generated the damage or destruction 11 of the facility being repaired, restored, or replaced. 12 ‘‘(2) Design measures under paragraph (1) for a re- 13 paired, restored, or replaced facility— 14 ‘‘(A) shall ensure that the facility— 15 ‘‘(i) provides for military installation resil- 16 ience; and 17 ‘‘(ii) is designed and constructed to stand- 18 ards that address threats due to weather, flood- 19 ing, or land subsidence projected for not less 20 than 50 years from the estimated date of com- 21 pletion of the project; and 22 ‘‘(B) may, if necessary to avoid flooding, land 23 subsidence, or other threatening conditions, include 24 relocation of the facility on the installation.’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1035 •S 4638 RS SEC. 2806. INDUSTRIAL PLANT EQUIPMENT AND ASSOCI- 1 ATED SERVICES AS IN-KIND CONSIDERATION 2 UNDER LEASES OF NON-EXCESS PROPERTY. 3 Section 2667(c)(1) of title 10, United States Code— 4 (1) in subparagraph (A), by inserting before the 5 period at the end the following: ‘‘, whether or not 6 needed for the functionality of the property or facil- 7 ity leased’’; 8 (2) in subparagraph (F), by inserting before the 9 period at the end the following: ‘‘, which may include 10 industrial process optimization’’; and 11 (3) by adding at the end the following new sub- 12 paragraphs: 13 ‘‘(G) Refurbishment of existing industrial plant 14 equipment on the leased property. 15 ‘‘(H) Removal and replacement of industrial 16 plant equipment on the leased property that is at or 17 near end-of-life. 18 ‘‘(I) Provision of new industrial plant equip- 19 ment on the leased property (including new tech- 20 nology), installation of such equipment, and mainte- 21 nance of such equipment, but only if the title to 22 such equipment passes to the Federal Government.’’. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1036 •S 4638 RS SEC. 2807. ORDERING AUTHORITY FOR DESIGN AND CON- 1 STRUCTION OF FACILITIES OF DEPARTMENT 2 OF DEFENSE. 3 (a) IN GENERAL.—Subchapter I of chapter 169 of 4 title 10, United States Code, is amended by adding at the 5 end the following new section: 6 ‘‘§ 2818. Ordering authority 7 ‘‘(a) IN GENERAL.—The head of a department or or- 8 ganization within the Department of Defense may place 9 an order with any other such department or organization 10 for the design and construction of facilities of the Depart- 11 ment of Defense, including facility maintenance and repair 12 projects and minor construction projects, on a reimburs- 13 able basis. 14 ‘‘(b) OBLIGATIONS.—An order placed by the head of 15 a department or organization under subsection (a) is 16 deemed to be an obligation of such department or organi- 17 zation in the same manner as a similar order or contract 18 placed with a private contractor. 19 ‘‘(c) CONTINGENCY EXPENSES.—An order placed 20 under subsection (a) may include a reasonable amount for 21 contingency expenses.’’. 22 (b) CLERICAL AMENDMENT.—The table of sections 23 at the beginning of such chapter is amended by inserting 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1037 •S 4638 RS after the item relating to section 2817 the following new 1 item: 2 ‘‘2818. Ordering authority.’’. SEC. 2808. OBLIGATION AND EXECUTION OF DESIGN FUNDS 3 FOR MILITARY CONSTRUCTION PROJECTS. 4 (a) IN GENERAL.—Not later than 90 days after 5 amounts are appropriated for design for a military con- 6 struction project, the Secretary of Defense shall ensure 7 that the construction agent in charge of such project en- 8 ters into a contract for the obligation and execution of 9 such amounts. 10 (b) COMPLETION OF WORK.—If a project has a total 11 cost of less than $150,000,000, not less than 35 percent 12 of the design under a contract described in subsection (a) 13 shall be completed not later than 180 days after the award 14 of such contract. 15 SEC. 2809. MODIFICATION OF DEFINITION OF MILITARY IN- 16 STALLATION FOR PURPOSES OF NOTIFICA- 17 TIONS RELATED TO BASING DECISION-MAK- 18 ING PROCESS. 19 Section 483(f)(4) of title 10, United States Code, is 20 amended, in the first sentence, by striking ‘‘, which is lo- 21 cated within any of the several States, the District of Co- 22 lumbia, the Commonwealth of Puerto Rico, American 23 Samoa, the Virgin Islands, the Commonwealth of the 24 Northern Mariana Islands, or Guam’’. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1038 •S 4638 RS SEC. 2810. GUIDANCE REGARDING MAINTENANCE OF AG- 1 GREGATE SQUARE FOOTAGE OF BUILDINGS 2 OF DEPARTMENT OF DEFENSE. 3 (a) IN GENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, the Secretary of Defense 5 shall issue guidance regarding the maintenance of the ag- 6 gregate square footage of buildings of the Department of 7 Defense, which shall be designated as ‘‘1 in 1 out guid- 8 ance’’, pursuant to the requirements of this section. 9 (b) MAINTENANCE OF SQUARE FOOTAGE.—Guidance 10 required under subsection (a) shall ensure that every 11 square footage of growth of a building of the Department 12 of Defense, as described in subsection (c), is offset with 13 an equivalent reduction in square footage by— 14 (1) a funded disposal action (such as demolition 15 or transfer); or 16 (2) identifying facilities to be entered into a 17 contingency operational status. 18 (c) GROWTH DESCRIBED.—Growth of a building of 19 the Department of Defense described in this subsection 20 shall include growth due to— 21 (1) carrying out a military construction, un- 22 specified minor military construction, or unspecified 23 minor construction project; 24 (2) acquisition of an existing building on land 25 owned by a military department, such as transfer 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1039 •S 4638 RS from another military department or transfer in lieu 1 of demolition; 2 (3) a gift of construction; or 3 (4) construction carried out through the use of 4 non-appropriated funds, private funding, or family 5 housing funds that are converted to appropriated 6 funds. 7 (d) MAJOR COMMANDS.—The major commands of 8 the military departments shall be responsible for carrying 9 out the growth offsets required under this section. 10 (e) DOCUMENTATION.—Upon reaching 100 percent 11 design of a project that increases the square footage of 12 a building of the Department of Defense, the Secretary 13 of Defense shall update the Department of Defense Form 14 1391 for such project to identify the reduction in square 15 footage to accompany such increase. 16 (f) APPLICATION.—This section shall apply to— 17 (1) military construction, unspecified minor 18 military construction, or unspecified minor construc- 19 tion projects funded in fiscal years beginning on or 20 after October 1, 2025; and 21 (2) other sources of growth on or after the date 22 of the enactment of this Act. 23 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1040 •S 4638 RS SEC. 2811. PILOT PROGRAM TO OPTIMIZE AND CONSOLI- 1 DATE FACILITIES OF THE ARMY FOR RESIL- 2 IENT AND HEALTHY DEFENSE COMMUNITIES. 3 (a) ESTABLISHMENT.—The Secretary of the Army 4 may conduct a pilot program in accordance with the re- 5 quirements of this section (in this section referred to as 6 the ‘‘pilot program’’). 7 (b) PURPOSE.—The purpose of the pilot program is 8 to assess the feasibility and effectiveness of implementing 9 a more comprehensive footprint optimization initiative to 10 ensure the scale and scope of the infrastructure footprint 11 of the Department of Army is aligned with the needs of 12 the Department of the Army. 13 (c) PROJECT.— 14 (1) IN GENERAL.—Under the pilot program, 15 the Secretary of the Army may carry out a military 16 construction project, not otherwise authorized by 17 law, to create more livable, productive, and resilient 18 communities through the optimization and consolida- 19 tion of facilities of the Department of the Army, in- 20 cluding leased facilities. 21 (2) REQUIREMENTS.—The Secretary of the 22 Army may carry out a project to optimize and con- 23 solidate facilities under the pilot program if— 24 (A) the facilities being optimized and con- 25 solidated are currently occupied; 26 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1041 •S 4638 RS (B) the project will result in facilities that 1 have at least 20 percent less square footage (or 2 equivalent unit of measurement) than the facili- 3 ties being optimized and consolidated; 4 (C) under the project, the facilities being 5 optimized and consolidated are either demol- 6 ished or form an integral part of such project, 7 and if such facilities are leased, the lease is ter- 8 minated; and 9 (D) the Secretary of the Army has con- 10 ducted an economic analysis of the project that 11 accounts for anticipated cost requirements for 12 the design, construction, sustainment, restora- 13 tion, modernization, operation, and demolition 14 of new and existing facilities associated with the 15 project and such analysis supports a positive 16 net present value over a 20-year period. 17 (3) MAXIMUM PROJECT COST.— 18 (A) IN GENERAL.—The project carried out 19 under the pilot program may not exceed a total 20 cost of $25,000,000. 21 (B) FUNDS USED.—The project under the 22 pilot program may be carried out using only 23 funds available to the Secretary of the Army for 24 unspecified minor military construction. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1042 •S 4638 RS (4) LIMITATION.—Not more than one project 1 may be carried out under the pilot program. 2 (d) CONGRESSIONAL NOTIFICATION.— 3 (1) SUBMISSION.—Not later than 14 days be- 4 fore initiating the project under the pilot program, 5 the Secretary of the Army shall submit to the con- 6 gressional defense committees notice of the project. 7 (2) CONTENTS.—A notice required under para- 8 graph (1) for the project under the pilot program 9 shall include, with respect to the project— 10 (A) the justification and current cost esti- 11 mate; 12 (B) the expected savings-to-investment 13 ratio; 14 (C) simple payback estimates; 15 (D) the measurement and verification cost 16 estimate; and 17 (E) a description of how the project would 18 improve the functions of the supported organi- 19 zation and the efficient management of real 20 property of the Department of the Army. 21 (e) REPORT.— 22 (1) SUBMISSION.—Not later than 18 months 23 after the date of the enactment of this Act, the Sec- 24 retary of the Army shall submit to the congressional 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1043 •S 4638 RS defense committees a report on the status of the 1 project under the pilot program. 2 (2) CONTENTS.—The report required under 3 paragraph (1) shall include, with respect to the 4 project conducted under the pilot program, the fol- 5 lowing information: 6 (A) The title and location of the project, a 7 brief description of the scope of work, the origi- 8 nal project cost estimate, and the current work- 9 ing project cost estimate. 10 (B) The original expected savings-to-in- 11 vestment ratio, simple payback estimates, an- 12 nual reoccurring savings, 20-year net present 13 value, annual return on investment, and meas- 14 urement and verification cost estimate. 15 (C) The current expected savings-to-invest- 16 ment ratio, and simple payback estimates, an- 17 nual reoccurring savings, 20-year net present 18 value, annual return on investment, and meas- 19 urement and verification cost estimate. 20 (D) A brief description of the measurement 21 and verification plan and planned funding 22 source, to include the net change in the square 23 footage (or other unit of measurement) reduc- 24 tion accomplished by the project. 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1044 •S 4638 RS (E) How the project improved the func- 1 tions of and the efficient management of real 2 property by the supported organization. 3 (F) Such other information as the Sec- 4 retary of the Army considers appropriate. 5 (f) SUNSET.—The authority of the Secretary of the 6 Army to conduct the pilot program shall expire on the date 7 that is three years after the date of the enactment of this 8 Act, except that if congressional notification for the 9 project under the pilot program has been provided under 10 subsection (d) prior to such date, the project may be car- 11 ried out to completion. 12 SEC. 2812. INFORMATION ON MILITARY CONSTRUCTION 13 PROJECTS AT JOINT BASES. 14 (a) IN GENERAL.—For each of fiscal years 2025 15 through 2030, the Secretary of each military department 16 shall, for each joint base established pursuant to the De- 17 fense Base Closure and Realignment Act of 1990 (part 18 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 19 note) and under the jurisdiction of the Secretary con- 20 cerned, submit to the congressional defense committees 21 the following: 22 (1) In addition to the project documents sub- 23 mitted to Congress in connection with the budget of 24 the President submitted under section 1105(a) of 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1045 •S 4638 RS title 31, United States Code, for a fiscal year in 1 which a military construction project contract is pro- 2 posed to be awarded by the host organization for the 3 joint base, a report that describes the location, title, 4 and cost, together with a Department of Defense 5 Form 1391, for each military construction project 6 that was requested by the host organization or by 7 any tenant organization on the joint base and is con- 8 sidered for that fiscal year. 9 (2) The prioritized ranking by the host organi- 10 zation of all military construction projects at the 11 joint base, both those proposed in the budget de- 12 scribed in paragraph (1) and those that were re- 13 quested by the host organization or by a tenant or- 14 ganization but not proposed in such budget. 15 (3) The rationale of the host organization for 16 selecting the military construction projects proposed 17 in the budget described in paragraph (1) instead of 18 projects that were requested but not proposed in 19 such budget. 20 (b) DEFINITIONS.—In this section: 21 (1) HOST ORGANIZATION.—The term ‘‘host or- 22 ganization’’, with respect to a joint base, means any 23 organization that is a part of the military depart- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1046 •S 4638 RS ment under the Secretary with jurisdiction over the 1 joint base. 2 (2) MILITARY CONSTRUCTION PROJECT.—The 3 term ‘‘military construction project’’ includes 4 projects for facility sustainment, restoration, and 5 modernization. 6 (3) REQUESTED BY A TENANT ORGANIZA- 7 TION.—The term ‘‘requested by a tenant organiza- 8 tion’’, with respect to a military construction project, 9 means a military construction project that a tenant 10 organization, acting through its local commanding 11 officer or local director, proposed to the host organi- 12 zation. 13 (4) TENANT ORGANIZATION.—The term ‘‘ten- 14 ant organization’’, with respect to a joint base, 15 means any organization described in section 16 111(b)(11) of title 10, United States Code, and lo- 17 cated on the joint base but does not include any host 18 organization. 19 SEC. 2813. REPORT ON MUNITIONS AND EXPLOSIVES OF 20 CONCERN AND CONSTRUCTION PROJECTS IN 21 JOINT REGION MARIANAS. 22 Not later than 180 days after the date of the enact- 23 ment of this Act, the Secretary of Defense shall submit 24 to the Committees on Armed Services of the Senate and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1047 •S 4638 RS the House of Representatives a report that includes the 1 following: 2 (1) A description of any policy or requirement 3 of the Department of Defense related to munitions 4 and explosives of concern in Joint Region Marianas. 5 (2) A description of the cost, schedule, and 6 safety mitigation efforts related to any military con- 7 struction project in Joint Region Marianas. 8 (3) Identification of each organization that 9 holds wavier authority for any requirement related 10 to munitions and explosives of concern in Joint Re- 11 gion Marianas. 12 SEC. 2814. IMPROVEMENT OF CONDUCT BY THE NAVY OF 13 THE REPLACEMENT OF CERTAIN DRY DOCKS 14 AND OTHER PROJECTS. 15 (a) COORDINATION.—The Secretary of the Navy (in 16 this section referred to as the ‘‘Secretary’’) shall coordi- 17 nate with the Comptroller General of the United States 18 regarding best practices on cost estimating and lessons 19 learned to avoid future cost increases for— 20 (1) the replacement by the Navy of dry dock 1 21 at Portsmouth Naval Shipyard; 22 (2) the replacement by the Navy of dry dock 3 23 at Pearl Harbor Naval Shipyard; and 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1048 •S 4638 RS (3) any other projects of the Navy under the 1 Shipyard Infrastructure Optimization Program. 2 (b) PLANNING.—On and after the date of the enact- 3 ment of this Act, the Secretary shall conduct more exten- 4 sive planning on large military construction projects of the 5 Navy to more accurately identify operational mission need 6 dates. 7 (c) BRIEFINGS.— 8 (1) IN GENERAL.—Not later than 90 days after 9 the date of the enactment of this Act, and quarterly 10 thereafter until each project is completed, the Sec- 11 retary shall brief the Committees on Armed Services 12 of the Senate and the House of Representatives on 13 the status of the construction projects for the re- 14 placement by the Navy of dry dock 1 at Portsmouth 15 Naval Shipyard and dry dock 3 at Pearl Harbor 16 Naval Shipyard. 17 (2) ELEMENTS.—Each briefing required under 18 paragraph (1) shall include, at a minimum, the fol- 19 lowing: 20 (A) An overview of the steps the Secretary 21 is taking to ensure the costs of the projects 22 specified in such paragraph do not increase fur- 23 ther. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1049 •S 4638 RS (B) An assessment by the Secretary as of 1 the date of the briefing of the likelihood of fu- 2 ture cost overruns for each such project. 3 (C) Any other details the Secretary deter- 4 mines relevant to support oversight by Congress 5 of each such project or other projects under the 6 Shipyard Infrastructure Optimization Program. 7 SEC. 2815. MINIMUM INVESTMENT FOR FACILITIES 8 SUSTAINMENT, RESTORATION, AND MOD- 9 ERNIZATION. 10 (a) IN GENERAL.—Chapter 159 of title 10, United 11 States Code, is amended by adding at the end the fol- 12 lowing new section: 13 ‘‘§ 2698. Minimum investment for facilities 14 sustainment, restoration, and moderniza- 15 tion for military departments 16 ‘‘(a) IN GENERAL.—For each fiscal year, the Sec- 17 retary of each military department shall invest in the 18 budget for facilities sustainment, restoration, and mod- 19 ernization for the military department a total amount 20 equal to not less than the percentage specified in sub- 21 section (b) of the plant replacement value for the total 22 inventory of all facilities owned and maintained by the 23 military department. 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1050 •S 4638 RS ‘‘(b) PERCENTAGE SPECIFIED.—The percentage 1 specified in this subsection is the following: 2 ‘‘(1) For fiscal year 2026, 1.75 percent. 3 ‘‘(2) For fiscal year 2027, 2.5 percent. 4 ‘‘(3) For fiscal year 2028, 3.25 percent. 5 ‘‘(4) For fiscal year 2029 and each subsequent 6 fiscal year, 4 percent. 7 ‘‘(c) CERTIFICATION.—The Secretary of each mili- 8 tary department shall include with the annual budget sub- 9 mission of the President under section 1105(a) of title 31 10 a certification to the congressional defense committees 11 verifying that the military department is complying with 12 the requirements of this section. 13 ‘‘(d) PLANT REPLACEMENT VALUE DEFINED.—In 14 this section, the term ‘plant replacement value’ means the 15 cost to replace the current physical plant using construc- 16 tion costs (labor and materials) and standards (methodolo- 17 gies and codes) as of the date such cost is calculated.’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 at the beginning of such chapter is amended by inserting 20 after the item relating to section 2697 the following new 21 item: 22 ‘‘2698. Minimum investment for facilities sustainment, restoration, and mod- ernization for military departments.’’. VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01050 Fmt 6652 Sfmt 6211 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1051 •S 4638 RS Subtitle B—Military Housing 1 SEC. 2821. INCREASE IN PERCENTAGE LIMITATIONS ON 2 VALUE OF UNITED STATES INVESTMENT IN 3 PRIVATIZED MILITARY HOUSING PROJECTS. 4 Section 2875(c) of title 10, United States Code, is 5 amended— 6 (1) in paragraph (1), by striking ‘‘331⁄3 per- 7 cent’’ and inserting ‘‘60 percent’’; and 8 (2) in paragraph (2), by striking ‘‘45 percent’’ 9 and inserting ‘‘60 percent’’. 10 SEC. 2822. TREATMENT OF NONDISCLOSURE AGREEMENTS 11 WITH RESPECT TO PRIVATIZED MILITARY 12 HOUSING. 13 Section 2890(f) of title 10, United States Code, is 14 amended— 15 (1) in paragraph (1)— 16 (A) by striking ‘‘(1) A tenant or prospec- 17 tive tenant of a housing unit may not be re- 18 quired to sign’’ and inserting ‘‘A landlord may 19 not request that a tenant or prospective tenant 20 of a housing unit sign’’; and 21 (B) in the first sentence, by inserting ‘‘or 22 in connection with the provision by the landlord 23 of services related to the housing unit’’ before 24 the period; and 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1052 •S 4638 RS (2) by striking paragraphs (2) and (3). 1 Subtitle C—Land Conveyances 2 SEC. 2831. LAND CONVEYANCE, FORT BLISS, EL PASO, 3 TEXAS. 4 (a) CONVEYANCE AUTHORIZED.— 5 (1) IN GENERAL.—The Secretary of the Army 6 (in this section referred to as the ‘‘Secretary’’) may 7 convey to El Paso Water of El Paso Public Service 8 Board (in this section referred to as ‘‘El Paso 9 Water’’), all right, title, and interest of the United 10 States in and to a parcel of real property, including 11 any improvements thereon, consisting of approxi- 12 mately 45.3 acres, known as the Kay Bailey 13 Hutchison Desalination Plant, and an adjoining par- 14 cel of approximately 20 acres, located at Fort Bliss, 15 Texas, for the purposes of stormwater flood control 16 for Fort Bliss and the neighboring community. 17 (2) CONTINUATION OF EXISTING EASEMENTS, 18 RESTRICTIONS, AND COVENANTS.—The conveyance 19 of the property under paragraph (1) shall be subject 20 to any existing easement, restriction, and covenant, 21 including the easement numbered DACA63–2–09– 22 0524 and entitled ‘‘EASEMENT FOR DESALINA- 23 TION PLANT, WATER PIPELINE AND RE- 24 LATED SUPPORT STRUCTURES IN SUPPORT 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1053 •S 4638 RS OF A WATER SUPPLY AGREEMENT’’ (in this 1 section referred to as the ‘‘existing easement’’). 2 (b) PAYMENT OF FAIR MARKET VALUE.— 3 (1) IN GENERAL.—As consideration for the con- 4 veyance under subsection (a), El Paso Water shall 5 pay to the Secretary an amount equal to the fair 6 market value of the property to be conveyed as de- 7 termined by the Secretary, which may consist of 8 cash payment, in-kind consideration as described in 9 paragraph (2), or a combination thereof. 10 (2) IN-KIND CONSIDERATION.—For the pay- 11 ment required under paragraph (1), El Paso Water 12 may provide in-kind consideration, including one or 13 more of the following: 14 (A) Discounted or stabilized water com- 15 modity rates in accordance with the terms and 16 conditions of any water service or supply agree- 17 ment in place on the date of the enactment of 18 this Act and referenced in the existing ease- 19 ment. 20 (B) The acquisition, construction, provi- 21 sion, improvement, maintenance, repair, or res- 22 toration (including environmental or munitions 23 remediation), or a combination thereof, of prop- 24 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 E:\BILLS\S4638.RS S4638 ssavage on LAPJG3WLY3PROD with BILLS 1054 •S 4638 RS erty, facilities, or infrastructure located on the 1 Castner Range National Monument. 2 (C) The delivery of services relating to the 3 needs of Fort Bliss that the Secretary considers 4 acceptable. 5 (c) REVERSIONARY INTEREST.— 6 (1) IN GENERAL.—If the Secretary determines 7 that the property conveyed under subsection (a) is 8 not being used in accordance with the purpose of the 9 conveyance specified in such subsection, all right, 10 title, and interest in and to the property, including 11 any improvements thereto, may, at the option of the 12 Secretary, revert to and become the property of the 13 United States, and the United States may have the 14 right of immediate entry onto such property. 15 (2) OPPORTUNITY FOR HEARING.—A deter- 16 mination by the Secretary under paragraph (1) may 17 be made on the record after an opportunity for a 18 hearing. 19 (d) PAYMENT OF COSTS OF CONVEYANCE.— 20 (1) PAYMENT REQUIRED.—The Secretary may 21 require El Paso Water to cover all costs (except 22 costs for environmental remediation of the property) 23 to be incurred by the Secretary, or to reimburse the 24 Secretary for such costs incurred by the Secretary, 25 VerDate Sep 11 2014 02:00 Jul 09, 2024 Jkt 049200 PO 00000 Frm 01054