Text of US SB 4784 (2026)
National Defense Authorization Act for Fiscal Year 2027 Border Drone Threat Assessment Act Military Construction Authorization Act for Fiscal Year 2027
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As introduced
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II
Calendar No. 436
119TH CONGRESS
2D SESSION
S. 4784
[Report No. 119–127]
To authorize appropriations for fiscal year 2027 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
JUNE 15, 2026
Mr. WICKER, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2027 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘National Defense Au-
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thorization Act for Fiscal Year 2027’’.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
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CONTENTS.
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(a) DIVISIONS.—This Act is organized into four divi-
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sions as follows:
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(1) Division A—Department of Defense Au-
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thorizations.
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(2) Division B—Military Construction Author-
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izations.
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(3) Division C—Department of Energy Na-
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tional Security Authorizations and Other Authoriza-
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tions.
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(4) Division D—Funding Tables.
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(b) TABLE OF CONTENTS.—The table of contents for
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this Act is as follows:
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Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for Infantry Squad Vehicle program.
Sec. 112. Inclusion of Army National Guard in Army Arctic strategy and force
structure.
Subtitle C—Navy Programs
Sec. 121. Modification and extension of procurement authorities for certain am-
phibious shipbuilding programs.
Sec. 122. Funding for refueling and complex overhauls of the U.S.S. John C.
Stennis and U.S.S. Harry S. Truman.
Sec. 123. Vessel construction manager and commercial design and construction
requirements for cable laying and repair ships.
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Sec. 124. Conveyance of F–14D Tomcat aircraft from the Navy to the U.S.
Space and rocket center commission in Huntsville, Alabama.
Sec. 125. Prohibition on destruction or scrapping of World War II–era aircraft.
Sec. 126. Procurement authority for E–2D Advanced Hawkeye aircraft pro-
gram.
Subtitle D—Air Force Programs
Sec. 131. Modification of inventory requirements for Air Force fighter aircraft.
Sec. 132. Multiyear procurement authority for F–35 aircraft.
Sec. 133. Multiyear procurement authority for F–15EX aircraft.
Sec. 134. MQ–9 aircraft.
Sec. 135. Airborne warning and control system aircraft.
Sec. 136. Limitation on availability of funds pending submission of report on
acquisition strategy for Airborne Command Post capability.
Sec. 137. Mobility capabilities strategic plan.
Sec. 138. Extension of requirement and prohibition related to C–130 aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Improving the requirement for an alternative test and evaluation
pathway for designated defense acquisition programs.
Sec. 212. Development, test, evaluation, demonstration, and transition to pro-
duction of alternative low-cost weapon systems.
Sec. 213. Modification to the advisory role of the JASON scientific advisory
group.
Sec. 214. Modified and streamlined process for developing, negotiating, and
concluding certain international agreements.
Sec. 215. Repeal of authority relating to temporary hiring of students and uni-
versity faculty.
Sec. 216. Limitation on availability of funds for Test Resource Management
Center containerized instrumentation programs pending report
on a common architecture for unmanned maritime test instru-
mentation.
Sec. 217. Limitation on availability of funds for Under Secretary of Defense for
Research and Engineering travel.
Sec. 218. Limitation on availability of funds for Integrated Combat Systems of
the Department of the Navy.
Sec. 219. Limitation on the use of travel funds for the Under Secretary of De-
fense for Research and Engineering.
Sec. 220. Codification of Department of Defense Research Security Program.
Sec. 221. Codification of Department of Defense Science, Technology, and In-
novation Board.
Sec. 222. Alternative programs to expand inventory of air defense interceptors.
Sec. 223. Improvements to personnel management authority to attract experts
in science, engineering, and certain other disciplines at Defense
Advanced Research Projects Agency.
Sec. 224. Extension of limitation on availability of funds for fundamental re-
search collaboration with certain academic institutions.
Subtitle C—Plans, Reports, and Other Matters
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Sec. 231. Assessment framework for future quantum computing programs.
Sec. 232. Execution of the Additive Manufacturing for Rocket Propellant sys-
tems.
Sec. 233. Report on emerging technology and cognitive warfare.
Sec. 234. Department of Defense electronics requirements study.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modifications to Advanced Nuclear Transition Working Group.
Sec. 312. Prioritization of deployment of expeditionary solid waste disposal sys-
tems.
Sec. 313. Authorization of sustainable aviation fuel procurement.
Sec. 314. Grid resiliency and energy redundancy.
Sec. 315. Mandatory grid impact and infrastructure power requirements for en-
hanced use leases.
Sec. 316. Storage capacity enhancements.
Sec. 317. Revision of policy on use of open-air burn pits not controlled by De-
partment of Defense.
Sec. 318. Assessment of energy supplied to installations and operational forces
of the Department of Defense.
Sec. 319. Requirement of notice on updates to public dashboard on remediation
of perfluoroalkyl and polyfluoroalkyl substances.
Sec. 320. Revisions to technical assistance for public participation in defense
environmental restoration activities.
Sec. 320A. Study on contracting process of Department of Defense for remedi-
ation of perfluoroalkyl and polyfluoroalkyl substances.
Sec. 320B. Initiation of remedial actions with respect to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 321. Implementation of Comptroller General recommendations on exercises
and wargames in the Indo-Pacific region.
Sec. 322. Integration of unmanned systems into the Installation Physical Secu-
rity Program.
Sec. 323. Guidance regarding governance structure of organic industrial base of
the Army.
Sec. 324. Extension of deadline for designation of roles and responsibilities re-
lating to sustainment and readiness of certain naval surface
vessels.
Sec. 325. Acquisition and sustainment strategy for spare parts for low mission
capable aircraft.
Sec. 326. Helicopter support for Kwajalein Atoll and Ronald Reagan Space and
Missile Test Range, Marshall Islands.
Sec. 327. Capital expenditure write-offs for Department of Defense depots and
arsenals.
Sec. 328. Modification of requirements relating to production in factories or ar-
senals owned by the United States.
Subtitle D—Reports
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Sec. 341. Report on strategy to maintain and upgrade conventional munitions
storage facilities.
Sec. 342. Risk assessment of air traffic control systems of Department of De-
fense.
Subtitle E—Other Matters
Sec. 351. Modification of depots for which minimum capital investment is re-
quired.
Sec. 352. Implementation of Department of Defense Inspector General rec-
ommendations relating to evaluation of management of canine
welfare under military working dog program.
Sec. 353. Prohibition on operation of connected vehicles of concern on military
installations and other property of the Department of Defense.
Sec. 354. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 355. Limitation on use of travel funds for Secretary of the Air Force until
briefing on West Lab Project at Lincoln Laboratory.
Sec. 356. Naming of certain assets of the Department of Defense in the Com-
monwealth of Virginia.
Sec. 357. Administrative requirements for Military Aviation and Installation
Assurance Clearinghouse.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Notification requirements for delayed promotions.
Sec. 502. Temporary withholding of officer nominations and promotion rec-
ommendations.
Sec. 503. Enhanced authority for early discharges.
Sec. 504. Officer retirement determinations.
Sec. 505. Retirement of regular Navy warrant officers and Marine Corps Ma-
rine Gunner warrant officers for years of service.
Sec. 506. Authority to improve retention for permanent professors of the
United States Army War College.
Sec. 507. Congressional notification of relief or early departure of certain gen-
eral and flag officers.
Subtitle B—Reserve Component Management
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Sec. 511. Clarification on computation of total years of service.
Sec. 512. Authorized strengths for Navy Reserves and Marine Corps Reserves
on full-time reserve component duty.
Sec. 513. National Guard military technician (dual status) conversions and
phase-out.
Sec. 514. Study and analysis for enhanced maritime surge maintenance, repair,
and production capacity.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Remote personnel processing in the military departments.
Sec. 522. Repeal of sunset of authority relating to non-medical counseling serv-
ices for military families.
Sec. 523. Guidance on public disclosure of personally identifiable information
for certain members of the Armed Forces.
Sec. 524. Prohibition on reduction in the number of personnel assigned to a
service review agency.
Sec. 525. Reauthorization of temporary authority to develop and provide addi-
tional recruitment incentives.
Sec. 526. Relief for former service members requesting review of discharge or
dismissal on the basis of post-traumatic stress disorder or trau-
matic brain injury related to combat or military sexual trauma.
Sec. 527. Modification of whistleblower protections.
Sec. 528. Authority for collection of personally identifiable information regard-
ing prospective recruits.
Sec. 529. Modification of service obligations for cadets obtaining employment as
professional athletes.
Sec. 529A. Requirement of equal opportunity, racial neutrality, and exclusive
use of merit in military personnel actions.
Sec. 529B. Prohibition on participation of males in athletic programs or activi-
ties, and males entering privacy spaces, at the military service
academies that are designated for women or girls.
Sec. 529C. Modification of provisions related to diversity, equity, and inclusion.
Sec. 529D. Sex-neutral occupational performance standards.
Subtitle D—Military Justice and Other Legal Matters
Sec. 531. Wrongful broadcast or distribution of intimate visual images.
Sec. 532. Expansion of victim access to Court of Appeals for the Armed Forces.
Sec. 533. Technical amendment to completion of appellate review under article
57 of the Uniform Code of Military Justice.
Sec. 534. Review of courts-martial records.
Sec. 535. Authority of special trial counsel to enter into pretrial agreements
with respect to certain offenses occurring before effective date
of military justice reforms.
Sec. 536. Clarification of court of criminal appeals review of sentencing.
Sec. 537. Updating subpoena authority for military investigations.
Sec. 538. Extension of Special Victims’ Counsel services to domestic violence
victims.
Sec. 539. Treatment of hazing under Uniform Code of Military Justice.
Sec. 539A. Notification of the issuance or termination of military protective or-
ders to victims of domestic violence or sexual assault.
Sec. 539B. Military domestic violence emergent housing policy.
Sec. 539C. Annual report on findings of the Department-wide review of the
military legal system.
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Sec. 539D. Clarification of authority to order to active-duty certain persons
subject to the Uniform Code of Military Justice for matters re-
lating to offenses during specified periods incident to inactive-
duty training.
Sec. 539E. Inapplicability to retired members of punitive articles affecting po-
litical speech.
Subtitle E—Member Education, Training, and Transition
Sec. 541. Limitation on authority to reorganize the Senior Reserve Officers’
Training Corps.
Sec. 542. Discharge of midshipmen for unsatisfactory conduct or inaptitude.
Sec. 543. Modification to program on encouragement of postseparation public
and community service.
Sec. 544. Limited authority to waive time-in-grade requirement for service
academy graduates detailed as students at law schools.
Sec. 545. Elimination of the right of cadets to automatic reexamination.
Sec. 546. Revision to decision timeframe for expedited transfers at the military
service academies.
Sec. 547. Establishment of program to promote participation of foreign stu-
dents in the Senior Reserve Officers’ Training Corps.
Sec. 548. Designation of senior official for military-to-civilian transition.
Sec. 549. Payment of tuition for off-duty training or education.
Sec. 549A. Improvement of transition of medics in the Armed Forces to the ci-
vilian workforce in health care occupations.
Sec. 549B. Standards and requirements for institutions of higher learning seek-
ing to participate in Department of Defense education pro-
grams.
Sec. 549C. Government copyright for work produced at Defense Security Co-
operation University.
Sec. 549D. Promoting the use of standardized testing at military service acad-
emies and DoDEA schools.
Sec. 549E. Department of Defense-wide hate symbol policy and recruiter and
workforce training requirement.
Subtitle F—Military Family Readiness and Dependents’ Education
PART I—DEPENDENTS’ EDUCATION
Sec. 551. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 552. Educational technologists at Department of Defense Education Activ-
ity schools.
PART II—CHILD CARE AND RELATED MATTERS
Sec. 555. Expansion of eligible child care providers for Department of Defense
programs.
Sec. 556. Standardized reporting on Department of Defense child care readi-
ness.
Sec. 557. Update to pay system for child and youth programs operated by non-
appropriated fund instrumentalities.
PART III—OTHER MATTERS
Sec. 561. Department of Defense Fellowship Program for Military Spouses.
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Sec. 562. Consideration in member assignments process of colocation of mem-
bers and civilian employee spouses.
Sec. 563. Review of Exceptional Family Member Program.
Sec. 564. Improved counseling and access to information relating to foster care
for military families.
Sec. 565. Reporting on gaps between senior and junior enlisted security forces
that could hinder effective oversight and leadership at Protec-
tion Level One locations.
Subtitle G—Junior Reserve Officers’ Training Corps
Sec. 571. Update of guidance and evaluation of Junior Reserve Officers’ Train-
ing Corps instructor pay scale.
Sec. 572. Junior Reserve Officers’ Training Corps programs in Department of
Defense Education Activity schools.
Subtitle H—Decorations and Other Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Authorization for award of the Distinguished-Service Cross to Isaac
‘‘Ike’’ Camacho for acts of valor in Vietnam.
Sec. 582. Authorization for award of the Distinguished-Service Cross for Jo-
seph P. Lynch for acts of valor in the Republic of Vietnam.
Sec. 583. Submission to Congress of information for consideration of certain
military awards.
Sec. 584. Medal of Honor review procedures and reconsideration and upgrade
requirements.
Sec. 585. Time limitations.
Sec. 586. Production of award files.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Modification of reimbursement of expenses relating to travel for inac-
tive-duty training and muster duty.
Sec. 602. Fiscal year 2027 increase in military basic pay.
Sec. 603. Reimbursement of costs of long commutes for members assigned to
remote or isolated installations in areas without affordable
housing.
Subtitle B—Special and Incentive Pay
Sec. 611. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 612. Increase in maximum amount of aviation bonus.
Sec. 613. Authorization of board certification incentive pay for veterinary com-
parative medicine officers.
Sec. 614. Modification of bonus authority for Senior Reserve Officers’ Training
Corps cadets and midshipmen.
Sec. 615. Increase in maximum amounts of hostile fire pay and imminent dan-
ger pay.
Sec. 616. Medical providers qualified to recertify catastrophic injuries or ill-
nesses qualifying members for special compensation.
Subtitle C—Commissary and Exchange Benefits
Sec. 621. Authorized patrons of commissary and exchange stores.
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Sec. 622. Modification of operating expenses of commissary stores.
Sec. 623. Pilot program on access of civilian employees to commissary stores.
Subtitle D—Other Matters
Sec. 631. Authority for shipment and storage of privately owned vehicles of
members moving between authorized locations.
Sec. 632. Reimbursement of guardianship costs incurred as a result of reloca-
tions.
Sec. 633. Provision of counseling on housing for members of the Armed Forces.
Sec. 634. Special priority travel authorization for personnel stationed at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 635. Program to assist members in obtaining personal driver’s licenses.
Sec. 636. Student loan relief for members of Selected Reserve.
Sec. 637. Enhancement of Air Force rated officer retention demonstration pro-
gram.
Sec. 638. Pilot program on career intermissions for certain Air Force fighter
aircrew.
TITLE VII—HEALTH CARE
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Digital system for beneficiary assistance at military medical treat-
ment facilities and through managed care support contractors.
Sec. 702. Expansion of access to dental care for certain dependents.
Sec. 703. Expansion of eligibility for hearing aids to include children of retired
members of the Uniformed Services enrolled in family coverage
under TRICARE Select.
Sec. 704. Evaluation of inclusion of additional accrediting bodies for purposes
of qualifications for licensure of mental health professionals
under TRICARE Program.
Sec. 705. Improvement of provider directory accuracy for specialty care pro-
viders under the TRICARE program.
Sec. 706. Modification of requirement to provide start-up time for certain
TRICARE contractors.
Sec. 707. Corrections to pilot program for supplemental coverage relating to
cancer.
Sec. 708. Coverage of cranial orthotic devices for deformational plagiocephaly
under TRICARE program.
Sec. 709. Technical amendments to the Public Health Service Act.
Sec. 710. Licensure of mental health professionals in TRICARE Program.
Sec. 711. Requirements relating to wellness checks for health and welfare of
certain members of the Armed Forces.
Sec. 712. Requirement to offer medical chaperones during sensitive medical ex-
aminations.
Sec. 713. Pilot program on reciprocal access to health care facilities, personnel,
and services of Department of Defense and Department of Vet-
erans Affairs.
Sec. 714. Medical screening for members of the Armed Forces who served at
data masked or classified locations.
Sec. 715. Medical testing and related services for firefighters of Department of
Defense.
Subtitle B—Health Care Administration
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Sec. 721. Development of capability prototype on secure access to health record
for members of the Armed Forces.
Sec. 722. Inventory and annual catchment area assessment of military-civilian
health care partnerships.
Sec. 723. Requirement for review before actions to downsize, realign, or reduce
scope of services at military medical treatment facilities.
Sec. 724. Policy on provider notification to commanders regarding imminent
risk of suicide for members of the Armed Forces.
Sec. 725. Authority over Defense Health Program.
Sec. 726. Enterprise Revenue Cycle Improvement Initiative.
Sec. 727. Notification to licensing and medical boards of States in case of in-
vestigation or misconduct.
Sec. 728. Additional review of disclosure requirements under processes and
forms relating to health care provider credentialing and privi-
leging of Department of Defense.
Sec. 729. Expansion of Individual Longitudinal Exposure Record.
Sec. 730. Pilot program on modernization of drug testing using voice-based risk
assessment.
Subtitle C—Combat and Operational Health Support
Sec. 741. Establishment of Joint Disease and Non-Battle Injury Surveillance
and Readiness System.
Sec. 742. Preservation of dedicated aeromedical evacuation capability of Med-
ical Service Corps of the Army.
Sec. 743. Establishment of partnership program between United States, Indo-
Pacific region, and Arctic region for military trauma care, dis-
ease and non-battle injury, health systems support, and re-
search.
Sec. 744. Aerial transport and Department of Defense-wide capability for high-
consequence infectious diseases.
Sec. 745. Requirement for annual large-scale combat casualty estimation re-
port.
Sec. 746. Report on the organization, performance, and standardization of
emergency medical services within the Department of Defense.
Sec. 747. Expansion of health care license portability for medical providers of
the National Guard.
Sec. 748. Joint forces medical capabilities development and standardization.
Sec. 749. Expansion of authorities to enable interoperability among military
health care professionals of the United States and partner
countries.
Sec. 750. Task force on international agreements for Indo-Pacific medical part-
nerships.
Sec. 751. Pilot program for Indo-Pacific regional medical data sharing.
Subtitle D—Reports and Other Matters
Sec. 761. Review of chaperone policies within facilities of the Defense Health
Agency.
Sec. 762. Unfunded priorities report of the Defense Health Agency.
Sec. 763. Evaluation of certain research related to menopause, perimenopause,
or mid-life women’s health.
Sec. 764. Notification of material failure at military medical treatment facilities
affecting patient care.
Sec. 765. Study on military health system.
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Sec. 766. Establishment of Warfighter Performance Optimization Initiative,
Total Force Fitness.
Sec. 767. Military Family Limb Loss and Limb Difference Support Program.
Sec. 768. Briefing on primary care provided at military medical treatment fa-
cilities on installations of the Air Force.
Sec. 769. Assessment of access, fairness, and transparency under TRICARE
pharmacy benefits program.
Sec. 770. Comptroller General review of influenza vaccine requirements of De-
partment of Defense.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Multi-year procurement for certain munitions.
Sec. 802. Limitation on availability of funds pending report on and revisions
of software acquisition pathway implementation.
Sec. 803. Report on multiyear procurement.
Sec. 804. Modifications to technical data rights.
Sec. 805. Accountability and training for defense acquisition.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Consolidation and rationalization of restrictions on procurement from
certain foreign countries.
Sec. 812. Requirements for information relating to supply chain risk.
Sec. 813. Limitations on certain missile contracts or other agreements.
Sec. 814. Limitations on the centralized commercial item capability.
Sec. 815. Limitations relating to capital distributions for defense contractors.
Sec. 816. Prohibition of procurement of molybdenum, gallium, or germanium
from non-allied foreign nations and authorization for produc-
tion from recovered material.
Sec. 817. Other transaction authority reporting.
Sec. 818. Limitation on procurement of cut flowers and cut greens.
Sec. 819. Audit and mitigation of covered cellular modules in the Department
of Defense systems and infrastructure.
Sec. 820. Improving transparency of foreign influence on Department of De-
fense contractors.
Sec. 821. Reporting of price increases.
Sec. 822. Late submission of cost and pricing data as invalid defense to con-
tract price reductions for defective cost or pricing data.
Subtitle C—Industrial Base Matters
Sec. 831. Establishment of the Supply Chain Risk Management Integration
Cell.
Sec. 832. Expansion of reverse engineering authority for prototype projects.
Sec. 833. Competition requirement for certain munitions.
Sec. 834. Analyses of certain activities for action to address sourcing and in-
dustrial capacity.
Sec. 835. Regulations applicable to wearing optional combat boots.
Sec. 836. Report on domestic nonavailability determinations granted for critical
materials.
Sec. 837. Limitation on availability of funds pending information on the small
unmanned aircraft system industrial base.
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Sec. 838. Energetics industrial base roadmap.
Sec. 839. Supply chain, capability, and capacity study of high-demand items in
the textile industrial base.
Sec. 840. Pilot program on providing subsidies for combat boots.
Sec. 841. Cross-functional team for the textile industrial base.
Sec. 842. Assessing and addressing risk related to adversarial capital.
Sec. 843. Modifications to requirement for public reporting of Chinese military
companies operating in the United States.
Sec. 844. Amendments to requirements pertaining to printed circuit boards.
Sec. 845. Report on the feasibility and advisability of establishing a strategic
partnership on defense industrial priorities between the United
States and Israel.
Sec. 846. Prohibition on the use of Chinese-manufactured optical fiber by the
Department of Defense.
Sec. 847. Promoting the United States drone industrial base.
Sec. 848. Pilot program for domestic antimony and copper production for de-
fense applications.
Sec. 849. Full accountability for Chinese military companies.
Subtitle D—Small Business Matters
Sec. 861. Department of Defense Mentor-Protege Program.
Sec. 862. APEX Accelerator funding.
Sec. 863. Test program for negotiation of comprehensive small business sub-
contracting plans.
Sec. 864. Application of the bona fide place of business to certain contracts.
Subtitle E—Other Matters
Sec. 871. Technical corrections related to National Defense Authorization Act
for Fiscal Year 2026 provisions.
Sec. 872. Limitation on availability of funds pending implementation of certain
requirements relating to munitions.
Sec. 873. Repeal of amendments providing for submission by subcontract offer-
or of recent price history in satisfaction of cost or pricing data
requirements.
Sec. 874. Competitive procedures for certain pharmaceutical contracts.
Sec. 875. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 876. Limitation pending Army conformance with portfolio acquisition exec-
utive requirements.
Sec. 877. Procurement of medical countermeasures for overseas personnel of
the Department of Defense for acute radiation syndrome and
thermal burns.
Sec. 878. Procurements on behalf of the Department of Defense by the Depart-
ment of Veterans Affairs for planning, design, and construction
projects.
Sec. 879. Leasing of vessels, aircraft, and combat vehicles.
Sec. 880. Prohibition on modems or routers acquisitions involving entities
owned or controlled by China.
Sec. 881. Prohibition on television acquisitions involving entities owned or con-
trolled by China.
Sec. 882. Prohibition for defense contractors providing sensitive information re-
lated to synthetic biology to foreign entities of concern.
Sec. 883. Reporting on contractor operations related to China.
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Sec. 884. Ensuring Department of Defense contractor compliance with dis-
ability hiring goals.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Economic Defense Unit.
Sec. 902. Extension of pilot program on capital assistance of Office of Strategic
Capital.
Sec. 903. Requirement for professional code of conduct for certain Department
of Defense positions.
Sec. 904. Redesignation of Under Secretary of Defense for Personnel and
Readiness; reorganization of Assistant Secretaries of Defense.
Sec. 905. Responsibility for cyber matters in Office of Secretary of Defense.
Subtitle B—Combatant Commands
Sec. 911. Unified combatant command for Africa.
Sec. 912. Unified combatant command for the Middle East and Central Asia.
Sec. 913. Unified combatant command for Europe.
Sec. 914. Unified combatant command for North America.
Sec. 915. Unified combatant command for Central America, South America,
and the Caribbean.
Sec. 916. Unified combatant command for the Indo-Pacific Region.
Sec. 917. Establishment of United States Robotic and Autonomous Systems
Command.
Subtitle C—Other Department of Defense Organization and Management
Matters
Sec. 921. Organization of responsibilities relating to unmanned systems.
Sec. 922. Composition of cross-functional team for emerging threat relating to
anomalous health incidents; reports.
Sec. 923. Comptroller General review of Anomalous Health Incidents Cross-
Functional Team.
Sec. 924. Establishment of Center for the Study of the National Guard.
Sec. 925. Civil-Military Coordination Center.
Sec. 926. Modifications to unmanned aircraft system definitions for Joint
Interagency Task Force 401.
Sec. 927. Maximizing funding efficiency for homeland defense.
Sec. 928. Prohibition on the reduction of funding for foreign language training
for members of the Armed Forces.
Sec. 929. Records retention requirement.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Department of Defense financial statement audit readiness, report-
ing relief, and related reforms.
Sec. 1003. Expansion of requirements for submittal to Congress of reports and
justification books.
Sec. 1004. Financial statements: opening balances for audit purposes.
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Sec. 1005. Prohibition on provision of support to Department of Homeland Se-
curity.
Subtitle B—Naval Vessels
Sec. 1011. Design and construction of new Global-class auxiliary general ocean-
ographic research ships.
Sec. 1012. Limitation on use of funds in the National Defense Sealift Fund to
purchase certain used foreign constructed vessels.
Sec. 1013. Modifications to vessel construction managers for the construction
of certain Navy vessels.
Sec. 1014. Development of industrial base for distributed submarine and sur-
face vessel shipbuilding.
Sec. 1015. Report and briefing on submarine tender requirements and capacity.
Sec. 1016. Increase in minimum number of amphibious warfare ships.
Sec. 1017. Prohibition on retiring and decommissioning oceanographic research
vessels of the Navy.
Sec. 1018. Supervisors of Shipbuilding, Conversion, and Repair.
Sec. 1019. Construction of vessels in foreign shipyards.
Sec. 1020. Limitation on authority of the Secretary of the Navy to change ves-
sel names.
Subtitle C—Counterterrorism
Sec. 1021. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1022. Extension of prohibition on use of funds to construct or modify fa-
cilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to certain countries.
Sec. 1024. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle D—Miscellaneous Authorities and Limitations
Sec. 1031. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1032. Waiver authority for limitation on live fire trauma training.
Sec. 1033. Prohibition on availability of funds for removal of Army
prepositioned stocks from Europe.
Sec. 1034. Implementation of National Transportation Safety Board rec-
ommendations for Department of Defense.
Sec. 1035. Modification of support of special operations for irregular warfare.
Sec. 1036. Designation of southwest land border activities, support, and oper-
ations as named operation.
Subtitle E—Studies and Reports
Sec. 1041. Threat assessment regarding unmanned aircraft systems at or near
the international borders of the United States.
Sec. 1042. Extension of Afghanistan War Commission.
Sec. 1043. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1044. Drone posture review.
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Sec. 1045. Quarterly reports on unmanned aerial system incursions over mili-
tary installations, sensitive sites, and the southern border.
Sec. 1046. Report on progress on implementation of Department of Defense In-
struction on civilian harm mitigation and response.
Sec. 1047. Report on transfer of property by Department of Defense.
Sec. 1048. Oversight of Department of Defense rules of engagement.
Sec. 1049. Strategy to address intelligence-gathering shortcomings in area of
responsibility of United States Africa command.
Subtitle F—Equity Investments and Related Matters
Sec. 1051. Authority for equity investments by Office of Strategic Capital.
Sec. 1052. Ownership review for equity investments.
Sec. 1053. Notifications with respect to debt and equity investments.
Sec. 1054. Modifications to authorities of Industrial Base Fund.
Sec. 1055. Briefings on Economic Defense Unit; limitation on use of funds.
Sec. 1056. Approval authority for expenditures from Industrial Base Fund.
Sec. 1057. Quarterly briefings on Business Operators for National Defense
(BOND) Program.
Subtitle G—Other Matters
Sec. 1061. Extension of admission to Guam, Wake Island, and the Common-
wealth of the Northern Mariana Islands for certain H–2B non-
immigrants.
Sec. 1062. Notification to congressional defense committees of combat wounded
in action.
Sec. 1063. Americas Defense Initiative.
Sec. 1064. Briefings on homeland defense.
Sec. 1065. Independence of Stars and Stripes.
Sec. 1066. Identification, assessment, and mitigation of critical defense sites.
Sec. 1067. Administrative support for commissions.
Sec. 1068. Requirement to assign conventional names to critical munitions.
Sec. 1069. Technical corrections to National Defense Authorization Act for Fis-
cal Year 2026.
Sec. 1070. Development of cognitive warfare strategy.
Sec. 1071. Notification requirements for sensitive military operations.
Sec. 1071A. Declassification guidance for Department of Defense original clas-
sification authorities.
Sec. 1072. Post-government employment restrictions applicable to certain sen-
ior military officers and senior civilian employees of the De-
partment of Defense.
Sec. 1073. Repeals of existing reporting requirements.
Sec. 1074. Report and briefing on Worldwide Expeditionary Multiple Award
Contract Territorial Integrity of the United States contract.
Sec. 1075. Documentation of verbal approval of requests for assistance.
Sec. 1076. Increase of the Working Capital Fund, Capital Investment Program
threshold.
Sec. 1077. National Guard Rural Revival and Modernization Plan.
Sec. 1078. Redesignation of the Department of Defense as the Department of
War.
Sec. 1079. Service-wide enterprise strategy for human performance.
Sec. 1080. Records preservation processes for certain at-risk Afghan allies.
Sec. 1081. Prohibition on covered transactions involving prediction market con-
tracts.
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Sec. 1082. Prohibition on use of prediction markets by personnel of the Depart-
ment of Defense.
Sec. 1083. Ban on bets on military operations.
Sec. 1084. Universal guidance on remote and isolated installation designations.
Sec. 1085. Declassification of information concerning United States personnel
classified as prisoner of war or missing in action during certain
conflicts.
Sec. 1086. Requirement for markings on lethal military platforms.
Sec. 1087. Extension of National Defense Strategy Commission.
Sec. 1088. Prohibition on use of funds for transfer of individuals located at
Camp As Sayliyah.
Sec. 1089. Analysis of force requirements for alternative warfighting scenarios.
Sec. 1090. Guidance on the treatment of claims under the HAVANA Act.
Sec. 1091. Assessment of Department of Defense phosphate supply chain
vulnerabilities; related land exchange authorization.
Sec. 1092. Plan for domain awareness at the southern land border.
Sec. 1093. Prohibition on implementation of any policy that alters the require-
ments for chaplains to display visible officer rank on military
uniforms.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Prevailing rate determinations for defense industrial base.
Sec. 1102. Job grading system for prevailing rate employees at defense indus-
trial base facilities.
Sec. 1103. Probationary period for civilian personnel of the United States
Cyber Command.
Sec. 1104. Enhanced authority for transfers between cyber excepted service and
competitive service.
Sec. 1105. Removal of Direct Support Activities from personnel limitation on
the Office of the Secretary of Defense.
Sec. 1106. Prohibition on the use of funds for carrying out a hiring freeze, re-
duction in force, or hiring delay without cause at a public ship-
yard.
Sec. 1107. Prohibition on the use of funds for carrying out certain hiring
freezes, reductions in force, and hiring delays.
Sec. 1108. Disclosure of telework, remote work, and exemptions for return-to-
in-person-work requirements in Department of Defense va-
cancy announcements.
Sec. 1109. Pilot program to retain high-performing supervisors and managers
within the Department of Defense.
Sec. 1110. Congressional notification of certain changes to civilian workforce of
Department of Defense.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Authority to provide assistance to military forces of Jordan.
Sec. 1202. Modification of authority to provide defense institution capacity
building for friendly foreign countries.
Sec. 1203. Modification of authority to build capacity.
Sec. 1204. Abraham Accords Defense Cooperation Initiative.
Sec. 1205. Redesignation of Naval Small Craft Instruction and Technical
Training School as Special Boat Training Command.
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Sec. 1206. Extension of Defense Operational Resilience International Coopera-
tion Pilot Program.
Sec. 1207. Feasibility report on multinational jungle warfare exercises in area
of responsibility of United States Southern Command.
Sec. 1208. Redesignation of the Africa Center for Strategic Studies as the
James M. Inhofe Center for Africa Security Studies.
Sec. 1209. Notification of intent to decrease United States Armed Forces pres-
ence in North Atlantic Treaty Organization member country.
Subtitle B—Matters Relating to the Middle East
Sec. 1211. Assistance to Lebanese Armed Forces for countering Hezbollah and
other terrorist groups.
Sec. 1212. Extension of authority for reimbursement of certain coalition na-
tions for support provided to United States military operations.
Sec. 1213. Extension and modification of authority to provide assistance to vet-
ted Syrian groups and individuals.
Sec. 1214. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1215. Modification of United States-Israel subterranean operations co-
operation.
Sec. 1216. Modification of United States-Israel cooperation to counter un-
manned systems in all warfighting domains.
Sec. 1217. United States-Israel Framework for Upgraded Technologies, Unified
Research, and Enhanced Security (FUTURES) Act of 2026.
Subtitle C—Matters Relating to Europe and the Russian Federation
Sec. 1221. Extension of prohibition on availability of funds relating to sov-
ereignty of the Russian Federation over internationally recog-
nized territory of Ukraine.
Sec. 1222. Oversight of United States military posture in Europe.
Sec. 1223. Intelligence support for Ukraine.
Sec. 1224. United States-Ukraine Strategic Defense Innovation Working
Group.
Sec. 1225. Notification of gray zone activities by the Russian Federation
against North Atlantic Treaty Organization allies.
Sec. 1226. Extension and modification of Ukraine Security Assistance Initia-
tive.
Sec. 1227. Synchronization of defense readiness with North Atlantic Treaty Or-
ganization allies.
Sec. 1228. Co-development and co-production program with Germany for cer-
tain munitions.
Sec. 1229. Report and assessment relating to United States force posture ad-
justments in Europe.
Subtitle D—Matters Relating to the Indo-Pacific Region
Sec. 1231. Extension and modification of designation of senior official for De-
partment of Defense activities relating to, and implementation
plan for, the AUKUS partnership.
Sec. 1232. Extension and modification of Pacific Deterrence Initiative.
Sec. 1233. Extension, modification, and redesignation of Taiwan Security Co-
operation Initiative.
Sec. 1234. Updates to National Industrial Security Program Operating Manual
regarding AUKUS.
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Sec. 1235. Oversight of United States military posture on the Korean Penin-
sula.
Sec. 1236. Indo-Pacific Regional Sustainment Framework.
Sec. 1237. Extension of annual report on military power of the People’s Repub-
lic of China.
Sec. 1238. Strategy for crisis management in South China Sea.
Sec. 1239. Master plan for facility requirements to support rotational force
presence in the Philippines.
Sec. 1240. Master plan for infrastructure requirements to support rotational
force presence in Australia.
Sec. 1241. Extension of pilot program to develop young civilian defense leaders
in the Indo-Pacific region.
Sec. 1242. Extension of pilot program to improve cyber cooperation with cov-
ered foreign military partners in Southeast Asia.
Sec. 1243. Extension of authority to transfer funds for Bien Hoa dioxin clean-
up.
Sec. 1244. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1245. Report on Japanese counterstrike capabilities.
Sec. 1246. Strategy for cyber cooperation in the Indo-Pacific region.
Sec. 1247. Extension and modification of Indo-Pacific Maritime Security Initia-
tive.
Sec. 1248. Annual assessment of contribution of certain artificial intelligence
chips to military capabilities of the People’s Republic of China.
Sec. 1249. Modification of authorization of sales to Australia of in-service Vir-
ginia Class submarines to provide for sale of additional in-serv-
ice submarine in lieu of new construction submarine.
Sec. 1250. War Reserve Stock Program for Taiwan.
Sec. 1251. Sense of Congress on defense alliances and partnerships in the Indo-
Pacific region.
Subtitle E—Other Matters
Sec. 1261. Western Hemisphere strategy.
Sec. 1262. Enhanced cooperation in North Atlantic and Arctic regions.
Sec. 1263. Report on capabilities and illicit activities of cartels.
Sec. 1264. Report on threats to United States interests in Africa.
Sec. 1265. Reports on Arctic and High North defense integration.
Sec. 1266. Briefing on military and intelligence presence of Cuba in the West-
ern Hemisphere.
Sec. 1267. Continuation of Joint Interagency Task Force–Counter Cartel.
Sec. 1268. Plan to enhance defense cooperation with Morocco.
Sec. 1269. Extension of Public Law 115–68 and related security cooperation
programs.
Sec. 1270. Modification of requirements for Department of Defense Regional
Centers for Security Studies.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Cooperative Threat Reduction Funds.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
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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. Amendments to Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Pilot program on public-private partnerships for recycling strategic
and critical materials.
Sec. 1413. Inclusion of recovery and recycling of strategic and critical materials
in national emergency planning assumptions for National De-
fense Stockpile.
Subtitle C—Other Matters
Sec. 1431. Extension of authority for Joint Department of Defense–Depart-
ment of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 1432. Extension of Department of Defense-Department of Veterans Af-
fairs Health Care Sharing Incentive Fund.
Sec. 1433. Modifications to Advisory Council.
TITLE XV—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1501. Modification of acquisition and operation of space systems for space
warfighting and control.
Sec. 1502. Modification of special authority for provision of space launch sup-
port services to increase space launch capacity.
Sec. 1503. Extension of indirect cost limitations and reporting requirements for
space launch activities on a military installation.
Sec. 1504. Replacement of Space Launch Complex 46 at Cape Canaveral Space
Force Station.
Sec. 1505. Integration of space weather into space domain awareness and oper-
ations.
Sec. 1506. Delivery of Perimeter Acquisition Radar Attack Characterization
System.
Sec. 1507. Acquisition of space-based tactical data capability.
Sec. 1508. Space Launch Enterprise billet sufficiency review and alignment
plan.
Sec. 1509. Flexibility for Department of Air Force to implement acquisition
structure for optimal support of new portfolio acquisition exec-
utive system within Space Force.
Sec. 1510. Arctic connectivity and downlink resiliency initiative.
Subtitle B—Nuclear Forces
Sec. 1511. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1512. Exception for below-threshold modifications of nuclear missiles to
limitation on modification of major items of equipment sched-
uled for retirement or disposal.
Sec. 1513. Procurement authority for certain parts of intercontinental ballistic
missiles, reentry vehicles, and associated equipment.
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Sec. 1514. Limitation on availability of funds pending submission of the strat-
egy to sustain the Minuteman III intercontinental ballistic mis-
sile and maximize end of life margin.
Sec. 1515. Integration of ICBM maintenance equipment into the LGM-30G
weapon system designation.
Sec. 1516. Contract authority for intercontinental ballistic missiles, replacement
equipment, and reentry vehicle test equipment and components.
Sec. 1517. Modification to strategy to sustain Minuteman III intercontinental
ballistic missile and maximize end-of-life margin.
Sec. 1518. Modifications to portfolio management framework for nuclear forces.
Sec. 1519. Modifications to reports on nuclear force reductions.
Sec. 1520. Modifications to biennial report on the plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1521. Multipolar nuclear deterrence strategy and theater-range nuclear ca-
pabilities.
Subtitle C—Missile Defense
Sec. 1531. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1532. Enduring operational capability for the Guam Defense System Com-
mand and Control Facility.
Sec. 1533. Further limitation on availability of funds pending independent
analysis of space-based missile defense capability.
Sec. 1534. Modification of Golden Dome missile defense system annual report-
ing.
Sec. 1535. Limitation on availability of funds pending submission of the brief-
ing on sea-based launch platforms for ballistic missile defense
targets.
Sec. 1536. Comprehensive integrated air and missile defense sensor coverage of
Guam.
Sec. 1537. Repeal of requirement for Government Accountability Office to re-
view and assess missile defense acquisition programs.
Sec. 1538. Improvements to air and missile defense acquisition.
Subtitle D—Other Matters
Sec. 1541. Sense of the Senate, Inspector General review, and restoration and
remediation plans for United States Army, Kwajalein Atoll,
and the Ronald Reagan Space and Missile Test Range.
Sec. 1542. Limitation on the reallocation of funds for the Ronald Reagan Space
and Missile Test Range and United States Army Garrison
Kwajalein Atoll.
Sec. 1543. Notifications with respect to relocating Department of Defense sys-
tems out of certain spectrum frequencies.
Sec. 1544. Annual briefing on Department of Defense activities associated with
participation in the International Telecommunication Union
World Radio Conference.
Sec. 1545. Report on efforts to counter foreign espionage and intellectual prop-
erty theft targeting defense assets.
Sec. 1546. Department of the Air Force electronic warfare roadmap.
Sec. 1547. Using operational electronic intelligence assets to engage high-value
targets.
TITLE XVI—CYBERSPACE-RELATED MATTERS
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Subtitle A—Matters Relating to Cyber Operations and Cyber Forces
Sec. 1601. Independent study on the authorities and organizational structure of
the principal cyber advisors.
Sec. 1602. Funding for reserve component support to cyber-peculiar operations.
Sec. 1603. Amendment of annual reporting requirements on support for United
States Cyber Command.
Sec. 1604. Scaling cyberspace access generation and maintenance capabilities.
Sec. 1605. Cyber operational readiness assessments of the Department of De-
fense information network.
Sec. 1606. Independent study on United States Cyber Command organization
and resourcing.
Sec. 1607. Modification to quarterly reporting for cyber operations.
Sec. 1608. Repeal of authority to use operations and maintenance funds for
cyber-peculiar development.
Sec. 1609. Strategy for integration of National Guard physical range capabili-
ties into cyber testing activities.
Sec. 1610. Updated cyber readiness reporting methodology.
Sec. 1611. Expansion of entities included in coordination between United
States Cyber Command and private sector.
Subtitle B—Matters Relating to Department of Defense Cybersecurity and
Information Technology
Sec. 1621. Improving reserve component network account continuity.
Sec. 1622. Reducing administrative burden in the Department of Defense risk
management framework implementation.
Sec. 1623. Science, Technology, and Innovation Board study on software-as-a-
service in classified networks.
Sec. 1624. Streamlining Department of Defense governance process for cross-
domain solution approvals.
Sec. 1625. Data center infrastructure strategy and roadmap for military instal-
lations.
Sec. 1626. Cybersecurity Maturity Model Certification assessment grants for
small businesses and new entrants.
Sec. 1627. Harmonization of Department of Defense security boundaries to en-
able reciprocity.
Sec. 1628. Expansion of cyber scholarship program to include operational tech-
nology.
Sec. 1629. Limitation on availability of funds for Alpha-1 Development Activi-
ties.
Sec. 1630. Limitation on the use of funds for information systems development.
Sec. 1631. Post-quantum cryptography adoption.
Sec. 1632. Improvements to high-performance computing roadmap.
Sec. 1633. Pilot program on Department of Defense partnerships with institu-
tions of higher education recognized in the National Centers of
Academic Excellence in Cybersecurity program for Cyber Re-
search.
Sec. 1634. Insider threat reporting and voluntary guidance for large artificial
intelligence contractors.
Sec. 1635. Requirement for memoranda of agreement regarding vulnerability
disclosure and prohibition on procurement from IT providers
who share cyber vulnerabilities with countries of concern.
Sec. 1636. Strategy for artificial intelligence-accelerated vulnerability discovery
and remediation.
Sec. 1637. Ensuring competition in artificial intelligence procurement.
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Sec. 1638. Phishing resistant authentication for defense.
Subtitle C—Data and Artificial Intelligence
Sec. 1641. Establishing an ecosystem for use of artificial intelligence agents at
scale and speed.
Sec. 1642. Security standards and framework for Department of Defense
agents.
Sec. 1643. Assessment of generative artificial intelligence platform impact on
workforce acumen.
Sec. 1644. Demand forecast model for artificial intelligence.
Sec. 1645. Strategy and governance for adversarial artificial intelligence.
Sec. 1646. Inclusion of alternative models in Department of Defense generative
artificial intelligence platform.
Sec. 1647. Policy and guidance related to autonomous weapon systems and ar-
tificial intelligence capabilities acquisition.
Sec. 1648. Update to the Department of Defense data strategy and implemen-
tation plan.
Sec. 1649. Assessment of artificial intelligence effects on warfighter skill reten-
tion and operational readiness.
Sec. 1650. Derived sourcing requirements for artificial intelligence outputs.
Sec. 1651. Improvements regarding guidance and prohibition on use of certain
artificial intelligence.
Sec. 1652. Artificial intelligence functional bill of materials.
Sec. 1653. Requirements for human oversight of use of force by the Depart-
ment of Defense.
Sec. 1654. Biosecurity procurement requirements for covered artificial intel-
ligence models.
Sec. 1655. Prototyping secure artificial intelligence data centers.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2021 project at Fort
Gillem, Georgia.
Sec. 2105. Extension and modification of authority to carry out certain fiscal
year 2022 projects.
Sec. 2106. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2024 projects.
Sec. 2108. Modification of authority to carry out fiscal year 2025 project at
Grafenwoehr, Germany.
Sec. 2109. Modification of authority to carry out fiscal year 2026 project at
Joint Region Marianas, Guam.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
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Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2205. Extension and modification of authority to carry out certain fiscal
year 2024 projects.
Sec. 2206. Modification of authority to carry out fiscal year 2026 project at
Pacific Missile Range Facility Barking Sands, Hawaii.
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 certain fiscal year 2019 projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2024 projects.
Sec. 2308. Authority to carry out family housing improvement projects.
Sec. 2309. Authority to carry out project at Eglin Air Force Base, Florida.
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 certain fiscal year 2023 projects.
Sec. 2405. Extension of authority to carry out certain fiscal year 2024 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.
Subtitle B—Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2024 projects.
Sec. 2609. Modification of authority to carry out fiscal year 2026 project at
Colonie, New York.
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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. Modification of master plans for major military installations.
Sec. 2802. Prohibition on use of repair projects to expand footprint of existing
facilities or infrastructure.
Sec. 2803. Increase of authority for Indo-Pacific posture unspecified military
construction projects.
Sec. 2804. Use of certain amounts for electrical or infrastructure upgrades on
Barbers Point, Hawaii.
Sec. 2805. Temporary adjustment of unspecified minor military construction
requirements.
Sec. 2806. Modification of authority for transactions other than contracts and
grants for purposes of facility construction or repair.
Subtitle B—Military Housing
Sec. 2821. Exclusion of window opening control devices from requirement for
window fall prevention devices in military family housing units.
Sec. 2822. Health and safety requirements for military housing.
Sec. 2823. Expansion of protection from reprisal or retaliation against tenants
of privatized military housing units who report housing-related
issues.
Sec. 2824. Transparency and strategic planning for housing.
Sec. 2825. Development and implementation of minimum health and safety
standards for military family housing.
Sec. 2826. Treatment of nondisclosure agreements with respect to privatized
military housing.
Sec. 2827. Improvement of privatized military housing complaint database.
Sec. 2828. Requirement relating to any reprogramming request relating to
funding for housing or facilities of Department of Defense.
Subtitle C—Land Conveyances
Sec. 2841. Land conveyance, Milan Army Ammunition Plant, Tennessee.
Sec. 2842. Land conveyance, Army Reserve Center, Opelika, Alabama.
Sec. 2843. Report on land withdrawal at Yuma Proving Ground, Arizona.
Sec. 2844. Report on necessary modifications to military land withdrawal of
Fallon Range Training Complex, Nevada.
Sec. 2845. Land exchange, Camp Pike and Camp Joseph T. Robinson, Arkan-
sas.
Sec. 2846. Removal of conditions on use of certain land conveyed to the State
of Indiana.
Sec. 2847. Review and report on conveyance of Lambert St. Louis Inter-
national Airport.
Sec. 2848. Review and report on conveyance of Joint Base Elmendorf-Richard-
son, Anchorage, Alaska.
Subtitle D—Other Matters
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Sec. 2861. Authority of combatant commands to recover and reinvest oper-
ational energy cost savings.
Sec. 2862. Energy control requirements for electrical infrastructure upgrades.
Sec. 2863. Modification of calculation of minimum capital investment for facili-
ties sustainment, restoration, and modernization.
Sec. 2864. Requirements relating to leasing of land in Hawaii.
Sec. 2865. Department of Defense Laboratory Facility Investment Program.
Sec. 2866. Consideration of modular construction methods for military con-
struction projects with protective design elements.
Sec. 2867. Standardized methodology for basing decisions for the Air Force.
Sec. 2868. Pilot program on replacement of substandard chillers or facilities
that support subsistence resiliency.
Sec. 2869. Department of Defense pilot program for development and use of
online real estate inventory tool.
Sec. 2870. Transfer of amounts for development of Ford Island, Hawaii, and
electrical upgrades and Barbers Point, Hawaii.
Sec. 2871. Expansion of defense community infrastructure pilot program to in-
clude installations of the Coast Guard.
Sec. 2872. Plan on remediation of certain equipment and computational facili-
ties owned or controlled by a foreign adversary.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Delegation of authorities to Administrator for Nuclear Security.
Sec. 3112. Protection of Office of Secure Transportation vehicles and equip-
ment from unmanned aircraft.
Sec. 3113. Authorization to establish public-private partnerships for nuclear ef-
fects testing.
Sec. 3114. Limitation on availability of funds pending submission of report on
restoration of a domestic uranium enrichment capability.
Sec. 3115. Briefing on activities by the Director for Cost Estimating and Pro-
gram Evaluation.
Sec. 3116. Modification to selected acquisition reports requirement.
Sec. 3117. Modification to the program for acceleration of replacement of ce-
sium blood irradiation sources.
Sec. 3118. Briefings on nuclear-related autonomous or remotely-piloted aircraft
incursions.
Sec. 3119. Conceptual and construction design.
Sec. 3120. Annual public workshops and Nuclear Science Advisory Committee
reviews.
Sec. 3121. Limitation on use of funds until certain criteria are met.
Sec. 3122. Continuation of National Nuclear Security Administration pay and
performance system.
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Subtitle C—Other Matters
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. PROCUREMENT.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. OPERATION AND MAINTENANCE.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. MILITARY PERSONNEL.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. OTHER AUTHORIZATIONS.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. MILITARY CONSTRUCTION.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PRO-
GRAMS.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
1
In this Act, the term ‘‘congressional defense commit-
2
tees’’ has the meaning given that term in section
3
101(a)(16) of title 10, United States Code.
4
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
5
The budgetary effects of this Act, for the purposes
6
of complying with the Statutory Pay-As-You-Go Act of
7
2010, shall be determined by reference to the latest state-
8
ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
9
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for this Act, jointly submitted for printing in the Congres-
1
sional Record by the Chairmen of the House and Senate
2
Budget Committees, provided that such statement has
3
been submitted prior to the vote on passage in the House
4
acting first on the conference report or amendment be-
5
tween the Houses.
6
DIVISION A—DEPARTMENT OF
7
DEFENSE AUTHORIZATIONS
8
TITLE I—PROCUREMENT
9
Subtitle A—Authorization of
10
Appropriations
11
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
12
Funds are hereby authorized to be appropriated for
13
fiscal year 2027 for procurement for the Army, the Navy
14
and the Marine Corps, the Air Force and the Space Force,
15
and Defense-wide activities, as specified in the funding
16
table in section 4101.
17
Subtitle B—Army Programs
18
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR IN-
19
FANTRY SQUAD VEHICLE PROGRAM.
20
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
21
Subject to section 3501 of title 10, United States Code,
22
the Secretary of the Army may enter into one or more
23
multiyear contracts, beginning with fiscal year 2027, for
24
the procurement of Infantry Squad Vehicles (ISV), includ-
25
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ing associated components, spare parts, and support
1
equipment.
2
(b) CONDITIONS.—
3
(1) IN GENERAL.—The Secretary shall ensure
4
that any contract entered into under subsection
5
(a)—
6
(A) provides for savings compared to an-
7
nual procurement;
8
(B) includes appropriate termination provi-
9
sions to protect the interests of the United
10
States; and
11
(C) complies with all requirements of sec-
12
tion 3501 of title 10, United States Code.
13
(2) DURATION.—A contract entered into under
14
subsection (a) shall cover a period of not more than
15
five fiscal years.
16
(c) ADVANCE PROCUREMENT.—The Secretary may
17
include in a contract entered into under subsection (a)
18
provisions for economic order quantity purchases of long-
19
lead items to achieve cost efficiencies.
20
SEC. 112. INCLUSION OF ARMY NATIONAL GUARD IN ARMY
21
ARCTIC STRATEGY AND FORCE STRUCTURE.
22
(a) INCLUSION IN STRATEGIC PLANNING.—The Sec-
23
retary of the Army shall ensure that the Army National
24
Guard is fully integrated into the implementation and fu-
25
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ture iterations of the document entitled ‘‘Regaining Arctic
1
Dominance: The U.S. Army in the Arctic’’ (or any suc-
2
cessor strategy).
3
(b) REQUIREMENTS.—In carrying out subsection (a),
4
the Secretary of the Army shall carry out the following
5
activities:
6
(1) Identify specific Army National Guard units
7
with existing cold-weather capabilities or geo-
8
graphical proximity to the Arctic Circle to be des-
9
ignated as Arctic-capable or Arctic-focused.
10
(2) Establish a modernization roadmap to en-
11
sure that Army National Guard units designated for
12
Arctic missions are suitably equipped with mission-
13
critical equipment such as Extreme Cold Weather
14
Clothing System (ECWCS) gear, over-snow vehicles,
15
and specialized communication equipment.
16
(3) Expand participation of Army National
17
Guard units in multi-component Arctic exercises, in-
18
cluding Northern Edge and Arctic Edge, to validate
19
interoperability, as possible.
20
(c) REPORT REQUIRED.—Not later than June 30,
21
2027, the Secretary of the Army shall submit to the Com-
22
mittees on Armed Services of the Senate and the House
23
of Representatives a report on the specific roles, missions,
24
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and resource requirements identified for the Army Na-
1
tional Guard within the Army’s Arctic strategy.
2
Subtitle C—Navy Programs
3
SEC. 121. MODIFICATION AND EXTENSION OF PROCURE-
4
MENT AUTHORITIES FOR CERTAIN AMPHIB-
5
IOUS SHIPBUILDING PROGRAMS.
6
(a) IN GENERAL.—Section 129 of the James M.
7
Inhofe National Defense Authorization Act for Fiscal Year
8
2023 (Public Law 117–263; 136 Stat. 2448), as most re-
9
cently amended by section 121 of the Servicemember
10
Quality of Life Improvement and National Defense Au-
11
thorization Act for Fiscal Year 2025 (Public Law 118–
12
159; 138 Stat. 1804), is further amended—
13
(1) in subsection (a)(1), by striking ‘‘up to
14
five’’;
15
(2) in subsection (c)—
16
(A) by inserting ‘‘, advance construction,
17
or economic order quantities’’ after ‘‘advance
18
procurement across programs’’; and
19
(B) by inserting ‘‘, spare parts, and major
20
shore-based spares’’ after ‘‘systems and sub-
21
systems’’; and
22
(3) in subsection (f), by striking ‘‘September
23
30, 2026’’ and inserting ‘‘September 30, 2030’’.
24
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(b) TECHNICAL AMENDMENT.—Subsection (g)(2) of
1
such section 129 is amended by striking ‘‘section 4251(d)’’
2
and inserting ‘‘section 4251(e)’’.
3
SEC. 122. FUNDING FOR REFUELING AND COMPLEX OVER-
4
HAULS OF THE U.S.S. JOHN C. STENNIS AND
5
U.S.S. HARRY S. TRUMAN.
6
Section 123(b) of the National Defense Authorization
7
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
8
1234) is amended by striking ‘‘six years’’ and inserting
9
‘‘eight years’’.
10
SEC. 123. VESSEL CONSTRUCTION MANAGER AND COMMER-
11
CIAL DESIGN AND CONSTRUCTION REQUIRE-
12
MENTS FOR CABLE LAYING AND REPAIR
13
SHIPS.
14
(a) VESSEL CONSTRUCTION MANAGER.—If the Sec-
15
retary of the Navy seeks to acquire one or more cable lay-
16
ing and repair ships, the Secretary shall seek to enter into
17
an agreement with an appropriate vessel construction
18
manager pursuant to which the vessel construction man-
19
ager shall seek to enter into a contract for the construction
20
of such ships.
21
(b) DESIGN STANDARDS AND CONSTRUCTION PRAC-
22
TICES.—The Secretary of the Navy shall ensure that ships
23
procured under subsection (a)—
24
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(1) use a design based on nondevelopmental
1
vessels with commercial design standards; and
2
(2) to the maximum extent practicable, are con-
3
structed using commercial construction practices.
4
SEC. 124. CONVEYANCE OF F–14D TOMCAT AIRCRAFT FROM
5
THE NAVY TO THE U.S. SPACE AND ROCKET
6
CENTER COMMISSION IN HUNTSVILLE, ALA-
7
BAMA.
8
(a) AUTHORITY.—The Secretary of the Navy (in this
9
section referred to as the ‘‘Secretary’’) may convey, with-
10
out consideration, to the U.S. Space and Rocket Center
11
Commission in Huntsville, Alabama (in this section re-
12
ferred to as the ‘‘Commission’’), all right, title, and inter-
13
est of the United States in and to 3 surplus F–14D Tom-
14
cat aircraft, (Bureau Numbers 164341, 164602, 159437),
15
which are excess to the operational requirements of the
16
Navy.
17
(b) FORM OF CONVEYANCE.—The conveyance under
18
subsection (a) shall be made by means of a conditional
19
deed of gift.
20
(c) CONDITION OF AIRCRAFT.—The aircraft being
21
conveyed under subsection (a) do not have any capability
22
for use as a platform for launching or releasing munitions
23
or any other combat capability that it was designed to
24
have.
25
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(d) CONDITIONS.—The Secretary shall include in the
1
instrument of conveyance of the aircraft under subsection
2
(a)—
3
(1) a condition that the Secretary is not re-
4
quired to repair or alter the condition of the aircraft
5
before conveying ownership of the aircraft;
6
(2) a condition that the Secretary shall provide
7
any maintenance and operations manuals that—
8
(A) are specific to the F–14D aircraft; and
9
(B) the Secretary has sufficient intellectual
10
property rights to convey;
11
(3) a condition that the Secretary shall provide
12
excess spare parts to make one of the F–14D air-
13
craft flyable or able to complete a static display, pro-
14
vided that any part transferred is from existing
15
Navy stock, with no items being procured on behalf
16
of the Commission; and
17
(4) a condition that the Secretary will not be
18
responsible for transferring any additional parts or
19
providing any additional support beyond what is
20
stated in this section, during or after the conveyance
21
of the aircraft.
22
(e) AGREEMENTS
FOR RESTORATION
AND OPER-
23
ATION.—The Secretary may—
24
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(1) authorize the Commission to enter into
1
agreements with qualified nonprofit organizations
2
for the purpose of restoring and operating the air-
3
craft transferred under subsection (a) for public dis-
4
play, airshows, and commemorative events to pre-
5
serve naval aviation heritage; and
6
(2) if the Secretary authorizes any such agree-
7
ment, require such additional terms and conditions
8
in the instrument of conveyance as appropriate to
9
protect the interests of the United States.
10
(f) REVERTER UPON BREACH OF CONDITIONS.—The
11
Secretary shall include in the instrument of conveyance
12
of the aircraft under subsection (a)—
13
(1) a condition that the Commission shall oper-
14
ate and maintain the aircraft in compliance with all
15
applicable limitations and maintenance requirements
16
imposed by the Administrator of the Federal Avia-
17
tion Administration; and
18
(2) a condition that the Commission shall not
19
convey any ownership interest in, or transfer posses-
20
sion of , the aircraft to another party without the
21
prior approval of the Secretary; and
22
(3) a condition that if the Secretary determines
23
at any time that the Commission has failed to com-
24
ply with the conditions set forth in paragraphs (1)
25
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and (2), all right, title, and interest in and to the
1
aircraft, including any repair or alteration of the air-
2
craft, shall revert to the United States, and the
3
United States shall have the right of immediate pos-
4
session of the aircraft.
5
(g) CONVEYANCE
AT NO COST
TO
THE UNITED
6
STATES.—The conveyance of an aircraft under subsection
7
(a) shall be made at no cost to the United States. Any
8
costs associated with such conveyance, costs of deter-
9
mining compliance with terms of the conveyance, and costs
10
of operation and maintenance of the aircraft conveyed
11
shall be borne by the Commission.
12
(h) CLARIFICATION OF LIABILITY.—Notwithstanding
13
any other provision of law, upon the conveyance of owner-
14
ship of the aircraft under subsection (a), the United States
15
shall not be liable for any death, injury, loss, or damage
16
that results from any use of such aircraft by any person
17
other than the United States.
18
(i) APPLICABLE LAW.—The transfer and use of the
19
aircraft under subsection (a) is subject to all applicable
20
Federal and State laws and regulations, including—
21
(1) the Arms Control Act (22 U.S.C. 2751 et
22
seq.);
23
(2) the Export Control Reform Act of 2018 (50
24
U.S.C. 4811 et seq.);
25
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(3) International Traffic in Arms Regulations
1
(22 C.F.R. 120 et seq.);
2
(4) Export Administration Regulations (15
3
C.F.R. 730 et seq.);
4
(5) Foreign Assets Control Regulations (31
5
C.F.R. 500 et seq.); and
6
(6) chapter 37 of title 18, United States Code
7
(commonly known as the ‘‘Espionage Act’’).
8
SEC. 125. PROHIBITION ON DESTRUCTION OR SCRAPPING
9
OF WORLD WAR II–ERA AIRCRAFT.
10
(a) PROHIBITION.—The Secretary of Defense may
11
not destroy, dismantle, scrap, cannibalize, or otherwise
12
render permanently inoperable any aircraft that—
13
(1) was manufactured prior to December 31,
14
1945; and
15
(2) is in the custody or administrative control
16
of the Department of the Navy as of the date of the
17
enactment of this Act.
18
(b) AUTHORIZED DISPOSITIONS.—Aircraft described
19
in subsection (a) may only be—
20
(1) retained in the inventory of the Department
21
of the Navy;
22
(2) transferred to an eligible entity; or
23
(3) deaccessioned under a plan approved by the
24
Secretary of Defense that supports the long-term
25
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preservation of such aircraft, consistent with guide-
1
lines described in the committee report accom-
2
panying this Act.
3
(c) WAIVER AUTHORITY.—The Secretary of Defense
4
may waive the prohibition under subsection (a) on a case-
5
by-case basis only if—
6
(1) the aircraft is determined by qualified per-
7
sonnel of the Department of the Navy or another eli-
8
gible entity to be beyond practical restoration or
9
preservation;
10
(2) no eligible entity expresses interest in ac-
11
cepting the aircraft during the one-year period fol-
12
lowing the publication of public notice of the avail-
13
ability of the aircraft for transfer;
14
(3) the Secretary submits to the congressional
15
defense committees written notification and justifica-
16
tion of the waiver; and
17
(4) a period of 30 days has elapsed following
18
the date of such submission.
19
(d) DEFINITIONS.—In this section:
20
(1) AIRCRAFT.—The term ‘‘aircraft’’ includes
21
fixed-wing and rotary-wing manned aircraft.
22
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
23
ty’’ means—
24
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(A) the National Naval Aviation Museum,
1
the National Museum of the Marine Corps, or
2
another official Department of Defense mu-
3
seum; or
4
(B) a Federal department or agency, non-
5
profit institution, or museum, with dem-
6
onstrated indoor preservation and public display
7
capabilities.
8
SEC. 126. PROCUREMENT AUTHORITY FOR E–2D ADVANCED
9
HAWKEYE AIRCRAFT PROGRAM.
10
(a) AUTHORITY FOR BLOCK BUY CONTRACT.—Sub-
11
ject to the availability of appropriations for such purposes,
12
the Secretary of the Navy may procure twelve or more
13
E–2D Advanced Hawkeye aircraft during fiscal years
14
2027 through 2029 by entering into one block buy con-
15
tract.
16
(b) ADVANCE PROCUREMENT AND ECONOMIC ORDER
17
QUANTITIES.—The Secretary of the Navy may enter into
18
one or more contracts, beginning in fiscal year 2027, for
19
advance procurement and economic order quantities of
20
components and material associated with the aircraft for
21
which authorization to enter into a block buy contract is
22
provided under subsection (a).
23
(c) LIABILITY.—Any contract entered into under sub-
24
section (a) shall provide that—
25
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(1) any obligation of the United States to make
1
a payment under the contract is subject to the avail-
2
ability of appropriations for that purpose; and
3
(2) the total liability of the Federal Government
4
for termination of the contract shall be limited to
5
the total amount of funding obligated to the contract
6
at the time of termination.
7
Subtitle D—Air Force Programs
8
SEC. 131. MODIFICATION OF INVENTORY REQUIREMENTS
9
FOR AIR FORCE FIGHTER AIRCRAFT.
10
(a) IN GENERAL.—Subsection (i) of section 9062 of
11
title 10, United States Code, is amended to read as fol-
12
lows:
13
‘‘(i)(1) The Secretary of the Air Force shall—
14
‘‘(A) during the period beginning on October 1,
15
2026, and ending on October 1, 2035, maintain a
16
total aircraft inventory of fighter aircraft of not less
17
than 1,800 aircraft; and
18
‘‘(B) maintain a total aircraft inventory of com-
19
bat-coded fighter aircraft of not less than 1,369 air-
20
craft by December 31, 2030.
21
‘‘(2) In this subsection:
22
‘‘(A) The term ‘attrition reserve’ means aircraft
23
procured and held specifically to replace anticipated
24
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aircraft losses resulting from peacetime accidents
1
(mishaps) or wartime attrition.
2
‘‘(B) The term ‘backup aircraft inventory’
3
means aircraft authorized in addition to the primary
4
mission aircraft inventory to allow for scheduled and
5
unscheduled depot-level maintenance, modifications,
6
inspections, and repair without reducing the combat-
7
ready fleet.
8
‘‘(C) The term ‘combat-coded’ with respect to
9
an aircraft means an aircraft that is—
10
‘‘(i) assigned to a combat-designated oper-
11
ational squadron or unit for the performance of
12
its wartime mission;
13
‘‘(ii) formally categorized within the De-
14
partment of the Air Force inventory manage-
15
ment system as primary mission aircraft inven-
16
tory, backup aircraft inventory, or attrition re-
17
serve; and
18
‘‘(iii) resourced and maintained to provide
19
immediate operational capacity and the nec-
20
essary organic depth required to sustain combat
21
mission effectiveness through modernization cy-
22
cles, scheduled and unscheduled maintenance,
23
and combat attrition.
24
‘‘(D) The term ‘fighter aircraft’—
25
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‘‘(i) means an aircraft that—
1
‘‘(I) is designated by a mission design
2
series prefix of F– or A–;
3
‘‘(II) is manned by one or two crew-
4
members; and
5
‘‘(III) executes single-role or multi-
6
role missions, including air-to-air combat,
7
air-to-ground attack, air interdiction, sup-
8
pression or destruction of enemy air de-
9
fenses, close air support, strike control and
10
reconnaissance, combat search and rescue
11
support, or airborne forward air control;
12
and
13
‘‘(ii) does not include collaborative combat
14
aircraft.
15
‘‘(E) The term ‘primary mission aircraft inven-
16
tory’ means aircraft assigned to meet the primary
17
aircraft authorization to a unit for the performance
18
of its wartime mission.’’.
19
(b) EFFECTIVE DATE.—The amendment made by
20
subsection (a) shall take effect on October 1, 2026.
21
SEC. 132. MULTIYEAR PROCUREMENT AUTHORITY FOR F–35
22
AIRCRAFT.
23
(a) MULTIYEAR PROCUREMENT AUTHORITY.—Sub-
24
ject to section 3501 of title 10, United States Code, except
25
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as provided in this section, the Secretary of Defense may
1
enter into one or more multiyear contracts for the procure-
2
ment of F–35A, F–35B, and F–35C aircraft.
3
(b) FINDINGS REQUIREMENTS.—
4
(1) IN GENERAL.—A contract described in sub-
5
section (a) is deemed to meet the requirements of
6
section 3501(a) of such title.
7
(2) REQUEST.—Section 3501(i)(2) of such title
8
shall not apply for purposes of this section.
9
(3) REPORT.—Not later than 90 days after the
10
date of the enactment of this Act, the Secretary of
11
Defense shall submit to Congress a report with re-
12
spect to contracts described in subsection (a) con-
13
taining preliminary findings of the agency head de-
14
scribed in paragraphs (1) through (6) of section
15
3501(a) of such title, together with the basis for
16
such findings.
17
(c) ADVANCE PROCUREMENT.—
18
(1) IN
GENERAL.—The Secretary of Defense
19
may enter into one or more contracts for advance
20
procurement of key components of F–35A, F–35B,
21
and F–35C aircraft in economic order quantities.
22
(2) CERTIFICATION.—The Secretary of Defense
23
shall include in any certification submitted under
24
section 3501(i)(3) of such title a description of the
25
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specific components the Secretary intends to procure
1
under the authority provided by paragraph (1).
2
SEC. 133. MULTIYEAR PROCUREMENT AUTHORITY FOR F–
3
15EX AIRCRAFT.
4
(a) MULTIYEAR PROCUREMENT AUTHORITY.—Sub-
5
ject to section 3501 of title 10, United States Code, except
6
as provided in this section, the Secretary of Defense may
7
enter into one or more multiyear contracts for the procure-
8
ment of F–15EX aircraft.
9
(b) FINDINGS REQUIREMENTS.—
10
(1) IN GENERAL.—A contract described in sub-
11
section (a) is deemed to meet the requirements of
12
section 3501(a) of such title.
13
(2) REQUEST.—Section 3501(i)(2) of such title
14
shall not apply for purposes of this section.
15
(3) REPORT.—Not later than 90 days after the
16
date of the enactment of this Act, the Secretary of
17
Defense shall submit to Congress a report with re-
18
spect to contracts described in subsection (a) con-
19
taining preliminary findings of the agency head de-
20
scribed in paragraphs (1) through (6) of section
21
3501(a) of such title, together with the basis for
22
such findings.
23
(c) CERTIFICATION.—The Secretary of Defense may
24
not exercise the authority provided by subsection (a) until
25
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the Secretary submits to Congress a certification that the
1
contractor concerned has the ability to increase production
2
to achieve the objective inventory goal of not less than 268
3
F–15EX aircraft by 2035.
4
(d) ADVANCE PROCUREMENT.—
5
(1) IN
GENERAL.—The Secretary of Defense
6
may enter into one or more contracts for advance
7
procurement of key components of F–15EX aircraft
8
in economic order quantities.
9
(2) CERTIFICATION.—The Secretary of Defense
10
shall include in any certification submitted under
11
section 3501(i)(3) of such title a description of the
12
specific components the Secretary intends to procure
13
under the authority provided by paragraph (1).
14
SEC. 134. MQ–9 AIRCRAFT.
15
(a) LIMITATION ON DIVESTMENT.—
16
(1) IN GENERAL.—Except as provided in para-
17
graph (2), the Secretary of the Air Force may not
18
divest, retire, or otherwise reduce the inventory of
19
MQ–9 aircraft below the baseline inventory level
20
until September 30, 2031.
21
(2) EXCEPTION.—
22
(A) IN GENERAL.—Any reduction in the
23
inventory of MQ–9 aircraft resulting from com-
24
bat loss, attrition, or other unplanned damage
25
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shall not be considered divestment or other re-
1
duction for purposes of paragraph (1).
2
(B) RESTORATION.—The Secretary of the
3
Air Force shall, to the maximum extent prac-
4
ticable, take actions to restore the inventory of
5
MQ–9 aircraft to the baseline inventory level
6
following any reduction in inventory described
7
in subparagraph (A).
8
(C) NOTIFICATION.—Not later than 30
9
days after any reduction in inventory described
10
in subparagraph (A), the Secretary of the Air
11
Force shall submit to the congressional defense
12
committees a notification that includes the fol-
13
lowing:
14
(i) A description of the circumstances
15
resulting in the combat loss, attrition, or
16
other unplanned damage of the aircraft.
17
(ii) An assessment of the impact of
18
such reduction in inventory on operational
19
capability.
20
(iii) A plan, if any, to replace the air-
21
craft or otherwise mitigate the reduction in
22
inventory.
23
(3) BASELINE INVENTORY LEVEL DEFINED.—
24
In this subsection, the term ‘‘baseline inventory
25
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level’’ means the total number of MQ–9 primary
1
mission aircraft in the inventory of the Air Force as
2
of the date of the enactment of this Act.
3
(b) MINIMUM INVENTORY REQUIREMENT.—
4
(1) IN
GENERAL.—The Secretary of the Air
5
Force shall ensure that the total inventory of MQ–
6
9 aircraft is not fewer than 180 aircraft on and
7
after October 1, 2028.
8
(2) INCLUSIONS.—The total inventory described
9
in paragraph (1) may include a mix of all variants
10
of MQ–9 aircraft.
11
(c) ANALYSIS OF ALTERNATIVES.—
12
(1) IN
GENERAL.—The Secretary of the Air
13
Force shall, in consultation with the Chief of the
14
National Guard Bureau, conduct an analysis of al-
15
ternatives for a medium-altitude intelligence, surveil-
16
lance, and reconnaissance capability to replace the
17
MQ–9 aircraft.
18
(2) EVALUATION.—The analysis required by
19
paragraph (1) shall evaluate options that meet or ex-
20
ceed the operational capabilities provided by the
21
MQ–9 aircraft as of the date of the analysis, includ-
22
ing endurance, survivability, sensor capability, and
23
mission flexibility.
24
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(d) REPORT AND BRIEFING.—Not later than Decem-
1
ber 1, 2027, the Secretary of the Air Force shall—
2
(1) submit to the congressional defense commit-
3
tees a report on the results of the analysis required
4
by subsection (c); and
5
(2) provide a briefing to such committees on
6
such results.
7
SEC. 135. AIRBORNE WARNING AND CONTROL SYSTEM AIR-
8
CRAFT.
9
Section 9062 of title 10, United States Code, is
10
amended by adding at the end the following new sub-
11
section:
12
‘‘(o)(1)(A) Except as provided in subparagraph (B),
13
the Secretary of the Air Force may not retire, prepare to
14
retire, or place in storage or in backup aircraft inventory
15
any E–3 aircraft if such actions would reduce the total
16
aircraft inventory for such aircraft below 16.
17
‘‘(B) If the Secretary of the Air Force procures
18
enough E–7 Wedgetail aircraft to accomplish the required
19
mission load, the prohibition under subparagraph (A) shall
20
not apply to actions taken to reduce the total aircraft in-
21
ventory for E–3 aircraft to below 16 after the date on
22
which such E–7 Wedgetail aircraft are delivered.
23
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‘‘(2) The Secretary of the Air Force may not pause,
1
cancel, or terminate the E–7 Wedgetail aircraft program
2
or prepare to pause, cancel, or terminate such program.’’.
3
SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PEND-
4
ING SUBMISSION OF REPORT ON ACQUISI-
5
TION STRATEGY FOR AIRBORNE COMMAND
6
POST CAPABILITY.
7
Of the funds authorized to be appropriated by this
8
Act or otherwise made available for fiscal year 2027 for
9
operation and maintenance, Air Force, and available to
10
the Office of the Secretary of the Air Force for travel ex-
11
penses, not more than 60 percent may be obligated or ex-
12
pended until the Secretary of the Air Force submits to
13
the congressional defense committees the report required
14
by section 154 of the National Defense Authorization Act
15
for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 767).
16
SEC. 137. MOBILITY CAPABILITIES STRATEGIC PLAN.
17
(a) IN GENERAL.—Not later than January 1, 2027,
18
the Secretary of the Air Force, in coordination with the
19
Commander of the United States Transportation Com-
20
mand and in consultation with the commanders of the geo-
21
graphic combatant commands, shall submit to the Com-
22
mittee on Armed Services of the Senate and the Com-
23
mittee on Armed Services of the House of Representatives
24
a report that includes a comprehensive and detailed stra-
25
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tegic plan for the development, acquisition, modernization,
1
and integration of total force mobility capabilities of the
2
Department of Defense through fiscal year 2047.
3
(b) ELEMENTS.—The plan required by subsection (a)
4
shall include each of the following:
5
(1) An assessment of—
6
(A) contested operations across all domains
7
over great distances;
8
(B) contested lines of communication ex-
9
tending from the United States to operational
10
theaters;
11
(C) adversary capabilities designed to tar-
12
get United States mobility forces, mobility in-
13
frastructure, and logistics networks; and
14
(D) the requirement for mobility forces to
15
operate in degraded, contested, and highly con-
16
tested environments, including austere loca-
17
tions, battle-damaged airfields, degraded run-
18
ways, ramps, taxiways, and other runway-ag-
19
nostic operating environments.
20
(2) An assessment of the current mobility force,
21
including—
22
(A) the ability of Air Mobility Command to
23
support the requirements of all of the Armed
24
Forces in competition, crisis, and conflict;
25
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(B) the ability of Air Mobility Command to
1
support agility concepts for all of the Armed
2
Forces simultaneously in conflict, including
3
agile combat employment, multi-domain task
4
force operations, expeditionary advanced base
5
operations, and distributed maritime operations;
6
(C) the vulnerability of mobility forces, mo-
7
bility infrastructure, and global logistics net-
8
works in contested environments; and
9
(D) the degree to which existing mobility
10
capability and capacity meet homeland defense
11
priorities, nuclear mission obligations, and si-
12
multaneous global operational demands.
13
(3) An identification of the attributes required
14
of future mobility forces, including—
15
(A) secure beyond line-of-sight connectivity
16
with—
17
(i) service and joint data links;
18
(ii) service and joint battle manage-
19
ment networks; and
20
(iii) service and joint command and
21
control networks;
22
(B) automation and autonomous aviation
23
capabilities;
24
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(C) the ability to operate across the full
1
spectrum of threat environments;
2
(D) flexibility across the full scale of mo-
3
bility missions, including—
4
(i) small and distributed missions;
5
(ii) tactical, operational, and strategic
6
missions; and
7
(iii) oversized and large-volume move-
8
ments;
9
(E) the ability to operate from runway-ag-
10
nostic and degraded operating locations;
11
(F) fuel-resilient aviation concepts, includ-
12
ing aircraft capable of operating on traditional
13
fuels and emerging propulsion systems, such as
14
electric, hybrid-electric, and hydrogen;
15
(G) consideration of aircraft designed with
16
open architecture enabling rapid integration of
17
mission systems, including palletized effects,
18
electronic warfare, battle management, and in-
19
telligence, surveillance, and reconnaissance ca-
20
pabilities; and
21
(H) signature management capabilities
22
that enable mobility aircraft to operate globally
23
while maintaining operational security, includ-
24
ing the ability to comply with international
25
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aviation safety requirements while limiting ex-
1
posure of aircraft identity, position, and mission
2
information through publicly accessible tracking
3
systems or other unclassified means.
4
(4) An evaluation of future tanker capabilities,
5
including—
6
(A) collaborative tanker aircraft supporting
7
collaborative, distant, and distributed refueling
8
operations in contested environments;
9
(B) penetrating low-observable tanker air-
10
craft capable of operating in highly contested
11
environments;
12
(C) low-signature tanker concepts, includ-
13
ing blended-wing body tanker aircraft;
14
(D) tactical tanker aircraft capable of sup-
15
porting distributed tanker and airlift oper-
16
ations;
17
(E) modernization of legacy tanker aircraft
18
through connectivity and full automation;
19
(F) tanker aircraft designed with open ar-
20
chitecture and multi-role capability enabling
21
complementary missions, including electronic
22
warfare, battle management, and intelligence,
23
surveillance, and reconnaissance capabilities;
24
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(G) opportunities to expand tanker capac-
1
ity through commercial tanker constructs, in-
2
cluding Government-owned, contractor-operated
3
models; and
4
(H) the establishment of a Civil Reserve
5
Air Fleet tanker capability that would enable
6
the commercial operation of tanker aircraft to
7
provide immediate and dependable augmenta-
8
tion of United States tanker capacity.
9
(5) An evaluation of future airlift capabilities
10
across mission scales, including—
11
(A) autonomous airlift platforms sup-
12
porting small and tactical missions;
13
(B) the establishment of a distributed ma-
14
neuver pool composed of autonomous and high-
15
ly automated mobility platforms capable of sup-
16
porting maneuvering units and distributed oper-
17
ations, with mobility capabilities owned or con-
18
trolled by lower-echelon multi-service oper-
19
ational units and integrated into the broader
20
mobility enterprise;
21
(C) improved and automated tactical and
22
operational airlift capabilities supporting ma-
23
neuver and distributed operations;
24
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(D) new and improved strategic airlift ca-
1
pabilities supporting global force flow and the-
2
ater reinforcement, including the development
3
of a next-generation strategic airlifter to aug-
4
ment or replace the C–17 aircraft and estab-
5
lishing a new standard for military airlift
6
through improved capability, capacity, surviv-
7
ability, connectivity, automation, and oper-
8
ational flexibility;
9
(E) oversized and large-volume airlift sys-
10
tems, including plans to support current and
11
future needs of the United States Space Force
12
and other agencies;
13
(F) vertical takeoff and landing and short-
14
field takeoff and landing airlift platforms sup-
15
porting multi-service agility and distributed op-
16
erations;
17
(G) delivery systems, including automated
18
airdrop, glider, towable, and hybrid aircraft lo-
19
gistics platforms; and
20
(H) opportunities to expand airlift capacity
21
through commercial operation of strategic airlift
22
aircraft, Civil Reserve Air Fleet participation,
23
and service-based acquisition models, such as
24
effects-as-a-service.
25
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(6) An assessment of command and control ar-
1
chitecture required to support mobility operations in
2
contested environments, including—
3
(A) the use of maneuver battle manage-
4
ment using technologies such as artificial intel-
5
ligence, algorithmic allocation systems, and ad-
6
vanced data architectures to integrate logistics,
7
maneuver, and mobility operations across the
8
Joint Force; and
9
(B) integration of distributed traditional
10
air battle management capabilities within mobil-
11
ity forces.
12
(7) An assessment of opportunities to expand
13
mobility capability and capacity through commercial
14
aviation capabilities, including—
15
(A) the expansion of the Civil Reserve Air
16
Fleet;
17
(B) the establishment of the Civil Reserve
18
Air Fleet tanker capability;
19
(C) the commercial operation of excess,
20
transitioned, or Government-owned strategic
21
airlift and tanker aircraft;
22
(D) the use of service-based acquisition
23
models such as mobility-as-a-service or effects-
24
as-a-service; and
25
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(E) the role of nonprime aviation compa-
1
nies in enabling the building of the future mo-
2
bility enterprise.
3
(c) FORM.—The plan required by subsection (a) shall
4
be submitted in unclassified form but may include a classi-
5
fied annex.
6
SEC. 138. EXTENSION OF REQUIREMENT AND PROHIBITION
7
RELATED TO C–130 AIRCRAFT.
8
(a) EXTENSION OF MINIMUM INVENTORY REQUIRE-
9
MENT.—Section 146(a)(3)(B) of the James M. Inhofe Na-
10
tional Defense Authorization Act for Fiscal Year 2023
11
(Public Law 117–263; 136 Stat. 2455), as most recently
12
amended by section 145(a) of the National Defense Au-
13
thorization Act for Fiscal Year 2026 (Public Law 119–
14
60; 139 Stat. 760), is further amended by striking ‘‘2026’’
15
and inserting ‘‘2028’’.
16
(b) EXTENSION OF PROHIBITION ON REDUCTION OF
17
C–130 AIRCRAFT ASSIGNED TO NATIONAL GUARD.—Sec-
18
tion 146(b)(1) of the James M. Inhofe National Defense
19
Authorization Act for Fiscal Year 2023 (Public Law 117–
20
263; 136 Stat. 2455), as most recently amended by sec-
21
tion 145(b) of the National Defense Authorization Act for
22
Fiscal Year 2026 (Public Law 119–60; 139 Stat. 760),
23
is further amended by striking ‘‘2026’’ and inserting
24
‘‘2028’’.
25
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TITLE II—RESEARCH, DEVELOP-
1
MENT, TEST, AND EVALUA-
2
TION
3
Subtitle A—Authorization of
4
Appropriations
5
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
6
Funds are hereby authorized to be appropriated for
7
fiscal year 2027 for the use of the Department of Defense
8
for research, development, test, and evaluation, as speci-
9
fied in the funding table in section 4201.
10
Subtitle
B—Program
Require-
11
ments, Restrictions, and Limita-
12
tions
13
SEC. 211. IMPROVING THE REQUIREMENT FOR AN ALTER-
14
NATIVE TEST AND EVALUATION PATHWAY
15
FOR
DESIGNATED
DEFENSE
ACQUISITION
16
PROGRAMS.
17
Section 218(f) of the National Defense Authorization
18
Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C.
19
4171 note) is amended by striking ‘‘relating to software
20
and covered hardware’’ and inserting ‘‘under the Software
21
Acquisition Pathways pursuant to section 3603 of title 10,
22
United States Code,’’.
23
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SEC. 212. DEVELOPMENT, TEST, EVALUATION, DEMONSTRA-
1
TION, AND TRANSITION TO PRODUCTION OF
2
ALTERNATIVE LOW-COST WEAPON SYSTEMS.
3
(a) IN GENERAL.—The Secretary of Defense shall,
4
acting through the Under Secretary of Defense for Acqui-
5
sition and Sustainment and in coordination with secre-
6
taries of the military departments and the Director of the
7
Missile Defense Agency, as the Secretary of Defense con-
8
siders appropriate, develop, test, evaluate, demonstrate,
9
and transition to production a portfolio of alternative, af-
10
fordable, low-cost weapon systems in each of the following
11
categories:
12
(1) Hypersonic strike systems.
13
(2) Cruise missiles.
14
(3) Shoulder-launched missiles.
15
(4) Extended range munitions.
16
(5) Mid-range integrated air and missile de-
17
fense interceptors.
18
(6) Exo-atmospheric interceptors.
19
(7) Short-range integrated air and missile de-
20
fense interceptors.
21
(8) Medium-range air-to-air missiles.
22
(b) REQUIREMENTS.—Programs carried out under
23
paragraph (1) shall—
24
(1) employ innovative acquisition strategies, in-
25
cluding rapid prototyping, digital engineering, mod-
26
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ular open-system architectures, commercial-off-the-
1
shelf components where feasible, and other cost-re-
2
duction initiatives to achieve significantly lower unit
3
costs than current baseline systems while maintain-
4
ing operationally relevant performance;
5
(2) prioritize expendable designs optimized for
6
attritable, high-volume employment, compatibility
7
with existing launch platforms, logistics infrastruc-
8
ture, and command-and-control networks, and the
9
ability to complement existing programs of record;
10
(3) be designed to enable production at scale in
11
significantly greater quantities than current program
12
of record systems through the prioritization of man-
13
ufacturing ease and speed;
14
(4) include technology maturation, risk reduc-
15
tion, flight testing, and transition planning to low-
16
rate initial production no later than fiscal year 2030
17
for each category specified in subsection (a); and
18
(5) establish specific cost and performance tar-
19
gets through competitive analysis, market research,
20
prototyping, and experimentation.
21
(c) DEFINITIONS.—In this section:
22
(1) The term ‘‘alternative low-cost’’ systems
23
means weapon systems in the categories listed in
24
subsection (a) that are designed to achieve unit pro-
25
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curement costs significantly lower than existing pro-
1
gram of record systems while delivering the min-
2
imum requirements set forth by the Secretary.
3
(2) The term ‘‘cruise missiles’’ means turbojet-
4
powered missiles designed for standoff precision
5
strike against land or sea targets at ranges generally
6
exceeding 250 nautical miles, with simplified guid-
7
ance, propulsion, and airframe designs.
8
(3) The term ‘‘exo-atmospheric interceptors’’
9
means kinetic hit-to-kill interceptors designed for
10
ballistic missile defense in the exo-atmosphere, with
11
engagement ranges generally exceeding 300 nautical
12
miles (or equivalent altitudes above 50 nautical
13
miles) and closing speeds of not less than Mach 8.
14
(4) The term ‘‘extended range munitions’’
15
means ground-launched precision munitions designed
16
for extended standoff strike at ranges generally ex-
17
ceeding 50 nautical miles.
18
(5) The term ‘‘hypersonic strike systems’’
19
means systems capable of Mach 5 or greater flight
20
with maneuverability, designed for long-range preci-
21
sion strike against time-sensitive, defended, or high-
22
value targets at ranges generally exceeding 550 nau-
23
tical miles.
24
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(6) The term ‘‘medium-range air-to-air mis-
1
siles’’ means guided missiles providing beyond-vis-
2
ual-range air-to-air intercept capability with diverse
3
target-set engagement potential, performing inter-
4
cepts at not less than 60 nautical miles and with a
5
maximum speed of not less than Mach 3.
6
(7) The term ‘‘mid-range integrated air and
7
missile defense interceptors’’ means interceptors op-
8
timized for integrated air and missile defense
9
against cruise missiles, aircraft, and short- to me-
10
dium-range ballistic missiles, with engagement
11
ranges of not less than 30 nautical miles and speeds
12
of not less than Mach 3.5.
13
(8) The term ‘‘short-range integrated air and
14
missile defense interceptors’’ means interceptors for
15
terminal defense against aircraft, cruise missiles,
16
and unmanned aerial systems, with engagement
17
ranges of not less than five nautical miles and max-
18
imum speeds of not less than Mach 2.
19
(9) The term ‘‘shoulder-launched missiles’’
20
means man-portable or vehicle-launched missiles pro-
21
viding fire-and-forget or command-guided anti-armor
22
capability at ranges of not less than one nautical
23
mile.
24
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SEC. 213. MODIFICATION TO THE ADVISORY ROLE OF THE
1
JASON SCIENTIFIC ADVISORY GROUP.
2
Section 222(b) of the National Defense Authorization
3
Act for Fiscal Year 2020 (Public Law 116–92) is amend-
4
ed—
5
(1) paragraph (1), by striking ‘‘Under Sec-
6
retary of Defense for Acquisition and Sustainment’’
7
and inserting ‘‘Under Secretary of Defense for Re-
8
search and Engineering’’;
9
(2) in paragraph (2), by striking ‘‘Under Sec-
10
retary of Defense for Acquisition and Sustainment’’
11
and inserting ‘‘Under Secretary of Defense for Re-
12
search and Engineering’’;
13
(3) in paragraph (4)—
14
(A) in subparagraph (A), by striking ‘‘for
15
all or a portion of the overhead costs incurred
16
in support of the arrangement’’ and inserting
17
‘‘for the overhead and infrastructure costs
18
needed to support delivery of JASON’s tech-
19
nical assessments’’; and
20
(B) in subparagraph (C), by striking ‘‘a
21
Federal agency that engages JASON’’ and all
22
that follows through the period at the end and
23
inserting ‘‘the Department of Defense may en-
24
gage with another Federal agency that routinely
25
uses JASON services to arrange for that agen-
26
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cy to pay a proportional percentage of the total
1
overhead and infrastructure costs needed to
2
support delivery of JASON’s technical assess-
3
ments.’’; and
4
(4) in paragraph (6), in the matter before sub-
5
paragraph (A), by inserting ‘‘until December 31,
6
2035’’ after ‘‘this Act’’.
7
SEC. 214. MODIFIED AND STREAMLINED PROCESS FOR DE-
8
VELOPING, NEGOTIATING, AND CONCLUDING
9
CERTAIN INTERNATIONAL AGREEMENTS.
10
(a) IN GENERAL.—Not later than 30 days after the
11
date of the enactment of this Act, the Secretary of Defense
12
shall promulgate a modified and streamlined process for
13
developing, negotiating and concluding international
14
agreements relating to science and technology cooperation,
15
including memoranda of understanding and project agree-
16
ments.
17
(b) ELEMENTS.—The process promulgated under
18
subsection (a) shall—
19
(1) comply with all other statutory require-
20
ments;
21
(2) delegate authority to the maximum extent
22
practicable;
23
(3) minimize administrative tasks;
24
(4) eliminate duplicative reviews; and
25
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(5) impose reasonable timelines for intra-De-
1
partment of Defense coordination.
2
SEC. 215. REPEAL OF AUTHORITY RELATING TO TEM-
3
PORARY HIRING OF STUDENTS AND UNIVER-
4
SITY FACULTY.
5
Section 249 of the William M. (Mac) Thornberry Na-
6
tional Defense Authorization Act for Fiscal Year 2021
7
(Public Law 116–283; 10 U.S.C. 4001 note) is repealed.
8
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR
9
TEST
RESOURCE
MANAGEMENT
CENTER
10
CONTAINERIZED
INSTRUMENTATION
PRO-
11
GRAMS PENDING REPORT ON A COMMON AR-
12
CHITECTURE
FOR
UNMANNED
MARITIME
13
TEST INSTRUMENTATION.
14
(a) LIMITATION.—Of the funds authorized to be ap-
15
propriated by this Act or otherwise made available for fis-
16
cal year 2027 for containerized instrumentation programs
17
of the Test Resource Management Center, not more than
18
75 percent may be obligated or expended until the Under
19
Secretary of Defense for Research and Engineering, in
20
consultation with the Director of the Test Resource Man-
21
agement Center and the Secretaries of the military depart-
22
ments, submits to the congressional defense committees
23
the report described in subsection (b).
24
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(b) REPORT ON COMMON ARCHITECTURE FOR UN-
1
MANNED MARITIME TEST INSTRUMENTATION.—
2
(1) IN GENERAL.—The report described in this
3
subsection is a report that details the feasibility, ad-
4
visability, and cost-benefit analysis of establishing a
5
common architecture for integrating unmanned sys-
6
tems to act as instrumentation platforms for telem-
7
etry, flight safety systems, and multi-modal data col-
8
lection.
9
(2) CONTENTS.—The report described in para-
10
graph (1) shall include the following:
11
(A) A comparative evaluation of the total
12
lifecycle costs, operational benefits, and limita-
13
tions of alternative manned, containerized, and
14
unmanned vessel instrumentation capabilities.
15
Such evaluation shall include the following:
16
(i) A direct comparison of the Blue
17
Water Instrumentation (BWI) program at
18
Point Mugu Sea Range with containerized
19
approaches such as the Broad Ocean Area
20
Data Collection System (BOADCS) and
21
the Mobile Open-System Architecture In-
22
strumentation Containers (MOSAIC) pro-
23
gram.
24
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(ii) An analysis of scalability, adapt-
1
ability, and agility, contrasting the un-
2
manned systems model of Blue Water In-
3
strumentation with the logistics and crew-
4
ing demands of containerized systems.
5
(iii) A cost-per-event and cost-per-
6
stream analysis for each approach, ac-
7
counting for platform, personnel, logistics,
8
and sustainment costs.
9
(B) An evaluation of whether distributed,
10
unmanned platforms can meet or exceed the
11
data collection requirements for the most
12
stressing test scenarios, including hypersonic
13
vehicle tracking, exoatmospheric intercepts, and
14
terminal area data collection.
15
(C) A time-phased investment and transi-
16
tion strategy for making an unmanned architec-
17
ture the primary approach for future maritime
18
test instrumentation investments. The strategy
19
shall identify specific legacy or containerized
20
programs to be divested or consolidated to fund
21
this transition.
22
(3) FORM.—The report described in paragraph
23
(1) shall be in unclassified form, but may include a
24
classified annex.
25
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(c) DEFINITION OF CONTAINERIZED INSTRUMENTA-
1
TION PROGRAM.—In this section, the term ‘‘containerized
2
instrumentation program’’ means any program of the Test
3
Resource Management Center that primarily relies on
4
packaging test and evaluation instrumentation in roll-on
5
and roll-off shipping containers for deployment on manned
6
vessels, including—
7
(1) the Broad Ocean Area Data Collection Sys-
8
tem (BOADCS), which includes the Maritime
9
Networked Telemetry Asset (MaNTA) system; and
10
(2) the Mobile Open-System Architecture In-
11
strumentation Containers (MOSAIC) program.
12
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR
13
UNDER SECRETARY OF DEFENSE FOR RE-
14
SEARCH AND ENGINEERING TRAVEL.
15
Of the funds authorized to be appropriated by this
16
Act or otherwise made available for fiscal year 2027 for
17
Operation and Maintenance, Defense-wide, and available
18
to the Office of the Under Secretary of Defense for Re-
19
search and Engineering for travel purposes, not more than
20
90 percent may be obligated or expended until the Di-
21
rected Energy Working Group provides to the congres-
22
sional defense committees a briefing as required by section
23
219(d)(6) of the National Defense Authorization Act for
24
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Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205
1
note).
2
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR IN-
3
TEGRATED COMBAT SYSTEMS OF THE DE-
4
PARTMENT OF THE NAVY.
5
(a) LIMITATION.—Of the funds authorized to be ap-
6
propriated by this Act or otherwise made available for fis-
7
cal year 2027 for Integrated Combat Systems of the De-
8
partment of the Navy, not more than 75 percent may be
9
obligated or expended until the date on which the Sec-
10
retary of the Navy submits to the congressional defense
11
committees the certification required by subsection (c).
12
(b) INSTALLATION AND DEMONSTRATION.—The Sec-
13
retary of the Navy shall install and demonstrate, aboard
14
one or more destroyers, an operational prototype of the
15
warfighting data ecosystem that includes—
16
(1) a shipboard artificial intelligence data en-
17
gine and sensor-integration layer that provides
18
standardized application programming interfaces to
19
shipboard sensors and enables cross-modal data fu-
20
sion and artificial intelligence-enabled detection and
21
classification applications;
22
(2) a common shipboard graphics processing
23
unit-centric compute and software platform that in-
24
tegrates data workflows across combat systems,
25
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command, control, communications, computers, and
1
intelligence systems, and hull, mechanical, and elec-
2
trical systems; and
3
(3) a commercially derived development and
4
test pipeline, including software-in-the-loop and
5
hardware-in-the-loop capabilities, that automate in-
6
tegration, verification, certification, and deployment
7
of shipboard software on representative hardware.
8
(c) CERTIFICATION.—After completion of the instal-
9
lation and demonstration required by subsection (b), the
10
Secretary of the Navy shall submit to the congressional
11
defense committees a certification that the Secretary has
12
installed and demonstrated the operational prototype of
13
the warfighting data ecosystem as required by subsection
14
(b).
15
SEC. 219. LIMITATION ON THE USE OF TRAVEL FUNDS FOR
16
THE UNDER SECRETARY OF DEFENSE FOR
17
RESEARCH AND ENGINEERING.
18
Of the funds authorized to be appropriated by this
19
Act or otherwise made available for fiscal year 2027 for
20
operations and maintenance, Defense-wide, and available
21
for travel expenses for the Office of the Under Secretary
22
of Defense for Research and Engineering, not more than
23
85 percent may be obligated or expended until the date
24
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on which the Secretary of Defense provides each of the
1
following to the congressional defense committees:
2
(1) The strategy and plan required by section
3
236(e) of the James M. Inhofe National Defense
4
Authorization Act for Fiscal Year 2023 (Public Law
5
117–263; 10 U.S.C. 4001 note).
6
(2) The report on ‘‘Gaming, exercising, mod-
7
eling, and simulation to support great power com-
8
petition’’ requested in Senate report 117–130 ac-
9
companying the James M. Inhofe National Defense
10
Authorization Act for Fiscal Year 2023 (Public Law
11
117–263).
12
SEC. 220. CODIFICATION OF DEPARTMENT OF DEFENSE RE-
13
SEARCH SECURITY PROGRAM.
14
(a) IN GENERAL.—Chapter 305 of title 10, United
15
States Code is amended by adding at the end the following
16
new section:
17
‘‘§ 4146. Department of Defense Research Security
18
Program
19
‘‘(a) PROGRAM ESTABLISHED.—The Secretary of
20
Defense shall, in consultation with such other government
21
organizations as the Secretary considers appropriate, es-
22
tablish a program to work with institutions of higher edu-
23
cation that perform fundamental basic research activi-
24
ties—
25
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‘‘(1) to support protection of intellectual prop-
1
erty, controlled information, key personnel, and in-
2
formation about critical technologies relevant to na-
3
tional security;
4
‘‘(2) to limit undue influence, including through
5
foreign talent programs, by countries to exploit
6
United States technology within the Department of
7
Defense research, science and technology, and inno-
8
vation enterprise;
9
‘‘(3) to support efforts toward development of
10
domestic talent in relevant scientific and engineering
11
fields; and
12
‘‘(4) to prepare United States students studying
13
abroad through the National Security Education
14
Program of the Department or other similar under-
15
graduate or post-graduate programs to recognize
16
and protect themselves against recruitment or ex-
17
ploitation efforts by agents of a foreign power (as
18
defined in section 101 of the Foreign Intelligence
19
Surveillance Act of 1978 (50 U.S.C. 1801)).
20
‘‘(b) INSTITUTIONS AND ORGANIZATIONS.—
21
‘‘(1) IN GENERAL.—The program required by
22
subsection (a) shall be developed and executed to the
23
maximum extent practicable with institutions of
24
higher education and other educational and research
25
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organizations conducting fundamental basic research
1
for the Department of Defense, and aligned to the
2
maximum extent practicable with similar efforts
3
across the Federal Government.
4
‘‘(2) RECORD
OF
EXCELLENCE.—In selecting
5
institutions of higher education under this sub-
6
section, the Secretary shall prioritize selection of in-
7
stitutions of higher education that the Secretary de-
8
termines demonstrate a record of excellence in in-
9
dustrial security in academia and in research and
10
development.
11
‘‘(c) REQUIREMENTS.—The program required by
12
subsection (a) shall include development of the following:
13
‘‘(1) Information exchange fora and information
14
repositories to enable awareness of security threats
15
and influence operations being executed against the
16
United States research, technology, and innovation
17
enterprise, including support coordinating relevant
18
elements of the Department of Defense and the rest
19
of the Federal Government.
20
‘‘(2) Training and other support for institutions
21
of higher education to promote security and limit
22
undue influence on institutions and personnel, in-
23
cluding financial support for execution for such ac-
24
tivities.
25
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‘‘(3) The capacity of government and academic
1
institutions and institutions of higher education to
2
assess whether individuals affiliated with Depart-
3
ment of Defense programs have participated in or
4
are currently participating in foreign talent pro-
5
grams or expert recruitment programs, or are other-
6
wise being targeted for exploitation by an agent of
7
a foreign power.
8
‘‘(4) Opportunities to collaborate with defense
9
researchers and research organizations in secure fa-
10
cilities to promote protection of critical information
11
and strengthen defense against agents of foreign
12
powers.
13
‘‘(5) Regulations and procedures—
14
‘‘(A) for government and academic organi-
15
zations and personnel to support the goals of
16
the program; and
17
‘‘(B) that are consistent with policies that
18
protect open and scientific exchange in funda-
19
mental research and coordinated to the max-
20
imum extent practicable with similar efforts
21
across the Federal Government.
22
‘‘(6) Policies to limit or prohibit funding pro-
23
vided by the Department of Defense for institutions
24
of higher education or individual researchers who
25
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knowingly violate regulations developed under the
1
program, including regulations relating to foreign
2
talent programs.
3
‘‘(7) Policies to limit or prohibit funding pro-
4
vided by the Department of Defense for institutions
5
of higher education or individual researchers who
6
knowingly conduct joint research activities or
7
projects, co-author scholarly publications, technical
8
reports, or research outputs, contract, or make other
9
financial arrangements with entities or individuals
10
employed by such entities in the list described in
11
paragraph (9), which policies shall include—
12
‘‘(A) use of such list as part of a risk as-
13
sessment decision matrix during proposal eval-
14
uations, including the development of a question
15
for proposers or broad area announcements
16
that require proposers to disclose any joint re-
17
search activities or projects, co-authored schol-
18
arly publications, technical reports, research
19
outputs, or contractual or financial connections
20
with such entities or individuals employed by
21
such entities;
22
‘‘(B) a requirement that the Department
23
shall notify a proposer of suspected noncompli-
24
ance with a policy issued under this paragraph
25
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and provide not less than 30 days to take ac-
1
tions to remedy such noncompliance;
2
‘‘(C) the establishment of an appeals pro-
3
cedure under which a proposer may appeal a
4
negative decision on a proposal if the decision
5
is based on a determination informed by such
6
list;
7
‘‘(D) a requirement that each awardee of
8
funding provided by the Department shall dis-
9
close to the Department any joint research ac-
10
tivities or projects, co-authored scholarly publi-
11
cations, technical reports, research outputs,
12
contract, or financial arrangement made with
13
such an entity or individual employed by such
14
entity during the period of the award; and
15
‘‘(E) a requirement that each awardee of
16
funding provided by the Department shall pro-
17
vide to the Department an annual certification
18
of compliance with policies promulgated pursu-
19
ant to this paragraph.
20
‘‘(8) Initiatives to support the transition of the
21
results of academic institution research programs
22
into defense capabilities.
23
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‘‘(9)(A) A list of entities of the People’s Repub-
1
lic of China, the Russian Federation, and other
2
countries that—
3
‘‘(i) have a history of improper technology
4
transfer, intellectual property theft, or cyber or
5
human espionage;
6
‘‘(ii) operate under the direction of the
7
armed forces or intelligence agency of the appli-
8
cable country;
9
‘‘(iii) are known—
10
‘‘(I) to recruit foreign individuals for
11
the purpose of transferring knowledge to
12
advance military or intelligence efforts of a
13
foreign government; or
14
‘‘(II) to provide misleading informa-
15
tion or otherwise attempt to conceal the
16
connections of an individual or institution
17
to a defense or an intelligence agency of
18
the applicable country;
19
‘‘(iv) pose a serious risk of improper tech-
20
nology transfer of data, technology, or research
21
that is not published or publicly available; or
22
‘‘(v) are on any of the following lists:
23
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‘‘(I) Any of the following lists main-
1
tained by the Bureau of Industry and Se-
2
curity of th Department of Commerce:
3
‘‘(aa) The Entity List set forth
4
in Supplement No. 4 to part 744 of
5
title 15, Code of Federal Regulations.
6
‘‘(bb) The Universal List set
7
forth in Supplement No. 6 of part
8
744 of that title.
9
‘‘(cc) The Military-End User List
10
set forth in Supplement No. 7 to part
11
744 of that title.
12
‘‘(dd) The Denied Persons List
13
maintained
pursuant
to
section
14
764.3(a)(2) of that title.
15
‘‘(II) The list of specially designed na-
16
tionals and blocked persons maintained by
17
the Office of Foreign Asserts Control of
18
the Department of the Treasury (com-
19
monly referred to as the ‘SDN list’).
20
‘‘(III) The list of Chinese military
21
companies operating in the United States
22
required by section 1260H of the William
23
M. (Mac) Thornberry National Defense
24
Authorization Act for Fiscal Year 2021
25
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(Public Law 116–283; 10 U.S.C. 113
1
note).
2
‘‘(IV) The lists of debarred parties
3
maintained by the Directorate of Defense
4
Trade Controls of the Department of State
5
pursuant to section 38(g)(4)of the Arms
6
Export
Control
Act
(22
U.S.C.
7
2778(g))(4).
8
‘‘(V) The list of telecommunications
9
companies of the People’s Republic of
10
China described in section 889(f)(3) of the
11
John S. McCain National Defense Author-
12
izations Act of 2019 (Public Law 115–232;
13
41 U.S.C. 3901 note prec.).
14
‘‘(VI) The list of semiconductor com-
15
panies of the People’s Republic of China
16
described in section 5949(i)(3) of the
17
James M. Inhofe National Defense Author-
18
ization Act for Fiscal Year 2023 (Public
19
Law 117–263; 41 U.S.C. 4713 note).
20
‘‘(VII) The list of biotechnology com-
21
panies of concern maintained under section
22
851(f) of the National Defense Authoriza-
23
tion Act for Fiscal Year 2026 (Public Law
24
119–60; 41 U.S.C. 3901 note prec.).
25
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‘‘(VIII) The list of entities that
1
produce or provide communications equip-
2
ment or service on the list published by the
3
Federal
Communications
Commission
4
under section 2(a) of the Secure and
5
Trusted Communications Networks Act of
6
2019 (47 U.S.C. 1601(a)).
7
‘‘(IX) A list maintained under clause
8
(i), (ii), (iv), or (v) of section 2(d)(2)(B) of
9
the Act entitled ‘An Act to ensure that the
10
goods made with forced labor in Xinjiang
11
Autonomous Region of the People’s Repub-
12
lic of China do not enter the United States
13
market, and for other purposes’(Public
14
Law 117–18; 22 U.S.C. 6901 note), ap-
15
proved December 23, 2021 (commonly re-
16
ferred to as the ‘Uyghur Forced Labor
17
Prevention Act’).
18
‘‘(B) The list described in subparagraph (A)
19
shall be developed and continuously updated in con-
20
sultation with the Bureau of Industry and Security
21
of the Department of Commerce, the Director of Na-
22
tional Intelligence, United States institutions of
23
higher education that conduct significant Depart-
24
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ment of Defense research or engineering activities,
1
and other appropriate individuals and organizations.
2
‘‘(10)(A) A list, developed and continuously up-
3
dated in consultation with the National Academies
4
of Science, Engineering, and Medicine and such
5
Government agencies as the Secretary considers ap-
6
propriate, of foreign talent programs that the Sec-
7
retary determines pose a threat to the national secu-
8
rity interests of the United States.
9
‘‘(B) In developing and updating such list, the
10
Secretary shall consider—
11
‘‘(i) the extent to which a foreign talent
12
program or an agent of a foreign power—
13
‘‘(I) poses a threat to research funded
14
by the Department of Defense; and
15
‘‘(II) engages in, or facilitates, cyber
16
attacks, theft, espionage, attempts to gain
17
ownership of or influence over companies,
18
or otherwise interferes in the affairs of the
19
United States; and
20
‘‘(ii) any other factor the Secretary con-
21
siders appropriate.
22
‘‘(11) Development of measures of effectiveness
23
and performance to assess and track progress of the
24
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Department of Defense across the program, which
1
measures shall include—
2
‘‘(A) the evaluation of currently available
3
data to support the assessment of such meas-
4
ures, including the identification of areas in
5
which gaps exist that may require collection of
6
completely new data, or modifications to exist-
7
ing data sets;
8
‘‘(B) current means and methods for the
9
collection of data in an automated manner, in-
10
cluding the identification of areas in which gaps
11
exist that may require new means for data col-
12
lection or visualization of such data; and
13
‘‘(C) the development of an analysis and
14
assessment methodology framework to make
15
tradeoffs between the measures developed under
16
this paragraph and other metrics related to as-
17
sessing undue foreign influence on the Depart-
18
ment of Defense research enterprise, such as
19
commercial due diligence, beneficial ownership,
20
and foreign ownership, control, and influence.
21
‘‘(d) ANNUAL REVIEWS REQUIRED.—Not later than
22
March 30, 2025, and each March 30 thereafter until De-
23
cember 31, 2040—
24
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‘‘(1) each head of a Department of Defense
1
component that awards grants for research shall
2
carry out a review of a representative sample of the
3
research grants awarded by the respective compo-
4
nent in the previous fiscal year to ensure that the
5
component is awarding grants in compliance with
6
the applicable policies of the Department; and
7
‘‘(2) the Under Secretary of Defense for Re-
8
search and Engineering shall carry out a separate
9
review of a representative sample of the research
10
grants awarded by such components in the previous
11
fiscal year.
12
‘‘(e) PROCEDURES
FOR ENHANCED INFORMATION
13
SHARING.—
14
‘‘(1) COLLECTION OF INFORMATION.—(A) Not
15
later than October 1, 2020, for the purpose of main-
16
taining appropriate security controls over research
17
activities, technical information, and intellectual
18
property, the Secretary shall, in conjunction with
19
such public and private entities as the Secretary
20
considers appropriate, establish streamlined proce-
21
dures to collect appropriate information relating to
22
individuals, including United States citizens and for-
23
eign nationals, who participate in defense research
24
and development activities.
25
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‘‘(B) With respect to fundamental research pro-
1
grams, the academic liaison designated under sub-
2
section (h) shall establish policies and procedures to
3
collect, consistent with the best practices of Govern-
4
ment agencies that fund academic research, appro-
5
priate information relating to individuals who par-
6
ticipate in fundamental research programs.
7
‘‘(2) PROTECTION FROM RELEASE.—The proce-
8
dures required by paragraph (1) shall include proce-
9
dures to protect such information from release, con-
10
sistent with applicable regulations.
11
‘‘(3) REPORTING
TO
GOVERNMENT
INFORMA-
12
TION SYSTEMS AND REPOSITORIES.—The procedures
13
required by paragraph (1) may include procedures
14
developed, in coordination with such public and pri-
15
vate entities as the Secretary considers appropriate,
16
to report such information to existing Government
17
information systems and repositories.
18
‘‘(f) PERIODIC REPORTS.—
19
‘‘(1) IN GENERAL.—Not later than March 30,
20
2027, and not later than March 30 of each year
21
thereafter until December 31, 2040, the Secretary
22
shall submit to the congressional defense committees
23
a report on the activities carried out under the pro-
24
gram required by subsection (a), the periodic reviews
25
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conducted pursuant to subsection (d), and the waiv-
1
ers issued under section 4147 of this title.
2
‘‘(2) CONTENTS.—Each report submitted pur-
3
suant to paragraph (1) shall include the following:
4
‘‘(A) A description of the activities con-
5
ducted and the progress made under the pro-
6
gram.
7
‘‘(B) With respect to the periodic reviews
8
conducted pursuant to subsection (d), the fol-
9
lowing:
10
‘‘(i) The total number of research
11
grants awarded by the Department in the
12
fiscal year covered by the reviews.
13
‘‘(ii) The number of reviews carried
14
out pursuant to subsection (d)(1).
15
‘‘(iii) The number of reviews carried
16
out pursuant to subsection (d)(2).
17
‘‘(iv) A description of the processes by
18
which the heads of the components de-
19
scribed in paragraph (1) of subsection (d)
20
and the Under Secretary of Defense for
21
Research and Engineering conducted the
22
reviews under such subsection.
23
‘‘(v) An assessment of issues identi-
24
fied during the reviews carried out under
25
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subsection (d), including a list of grants
1
that were identified as having not been
2
awarded in compliance with applicable poli-
3
cies of the Department of Defense.
4
‘‘(C) The findings of the Secretary with re-
5
spect to the program.
6
‘‘(D) Such recommendations as the Sec-
7
retary may have for legislative or administrative
8
action relating to the matters described in sub-
9
section (a), including actions relating to foreign
10
talent programs.
11
‘‘(E) Identification and discussion of the
12
gaps in legal authorities that need to be im-
13
prove to enhance the security of research insti-
14
tutions of higher education performing defense
15
research.
16
‘‘(F) A description of the actions taken by
17
such institutions to comply with such best prac-
18
tices and guidelines as may be established by
19
under the program.
20
‘‘(G) A description of the status of the
21
measures of effectiveness and performance de-
22
scribed in subsection (c)(11) for the period cov-
23
ered by such report, including an analytical as-
24
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sessment of the impact of such measures on the
1
goals of the program.
2
‘‘(H) With respect to waivers described in
3
paragraph (1), the following:
4
‘‘(i) The terms and contents of any
5
waivers issued under section 4147 of this
6
title in the period covered by the report;
7
‘‘(ii) any trends in—
8
‘‘(I) the number of waivers issued
9
under such section over time; and
10
‘‘(II) the types of contracts to
11
which such waivers pertain; and
12
‘‘(iii) the processes used by the Sec-
13
retary to verify that covered institutions
14
(as defined in such section) are in compli-
15
ance with the requirements of such section.
16
‘‘(3) FORM.—The report submitted under para-
17
graph (1) shall be submitted in unclassified form,
18
but may include a classified annex.
19
‘‘(g) PUBLICATION OF UPDATED LISTS.—
20
‘‘(1) SUBMITTAL
TO
CONGRESS.—Not later
21
than January 1, 2021, and annually thereafter until
22
December 31, 2032, the Secretary shall submit to
23
the congressional defense committees the most re-
24
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cently updated lists described in paragraphs (9) and
1
(10) of subsection (c).
2
‘‘(2) FORM.—Each list submitted under para-
3
graph (1) shall be submitted in unclassified form,
4
but may include a classified annex.
5
‘‘(3) PUBLIC
AVAILABILITY.—Each list sub-
6
mitted under paragraph (1) shall be published on a
7
publicly accessible website of the Department of De-
8
fense in a searchable format.
9
‘‘(4) INTERVENING SUBMITTAL AND PUBLICA-
10
TION.—The Secretary may submit and publish an
11
updated list described in paragraph (1) more fre-
12
quently than required by that paragraph, as the Sec-
13
retary considers necessary.
14
‘‘(h) DESIGNATION OF ACADEMIC LIAISON.—
15
‘‘(1) IN GENERAL.—The Secretary shall, acting
16
through the Under Secretary of Defense for Re-
17
search and Engineering, designate an academic liai-
18
son with principal responsibility for working with the
19
academic and research communities to protect De-
20
partment-sponsored academic research of concern
21
from undue foreign influence and threats.
22
‘‘(2) QUALIFICATION.—The Secretary shall des-
23
ignate an individual under paragraph (1) who is an
24
official of the Office of the Under Secretary of De-
25
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fense for Research and Engineering with experi-
1
ence—
2
‘‘(A) working in security, counterintel-
3
ligence, or academic research environments; and
4
‘‘(B) with complex managerial tasks.
5
‘‘(3) DUTIES.—The duties of the academic liai-
6
son designated under paragraph (1) shall be as fol-
7
lows:
8
‘‘(A) To serve as the liaison of the Depart-
9
ment with the academic and research commu-
10
nities.
11
‘‘(B) To execute initiatives of the Depart-
12
ment relating to the protection of Department-
13
sponsored academic research of concern from
14
undue foreign influence and threats, including
15
the program required by subsection (a).
16
‘‘(C) To conduct outreach and education
17
activities for the academic and research commu-
18
nities on undue foreign influence and threats to
19
Department-sponsored academic research of
20
concern.
21
‘‘(D) To coordinate and align academic se-
22
curity policies with Department component
23
agencies, the Office of Science and Technology
24
Policy, the intelligence community, and such
25
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Federal agencies as the Secretary considers ap-
1
propriate.
2
‘‘(E) To the extent practicable, to coordi-
3
nate with the intelligence community to share,
4
not less frequently than annually, with the aca-
5
demic and research communities unclassified in-
6
formation, including counterintelligence infor-
7
mation, on threats from undue foreign influ-
8
ence.
9
‘‘(F) Any other related responsibility, as
10
determined by the Secretary in consultation
11
with the Under Secretary of Defense for Re-
12
search and Engineering.
13
‘‘(i) DESIGNATION OF CHIEF RESEARCH SECURITY
14
OFFICERS.—
15
‘‘(1) IN GENERAL.—Each institution of higher
16
education that receives Department of Defense fund-
17
ing and more than $50,000,000 in total Federal re-
18
search funding annually shall designate at least one
19
senior official to serve as the institution’s Chief Re-
20
search Security Officer.
21
‘‘(2) QUALIFICATIONS
AND
DUTIES.—Each
22
Chief Research Security Officer designated under
23
(h) shall—
24
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‘‘(A) be a Vice President for Research,
1
Chief Research Officer, or another designated
2
senior official at the institution with responsi-
3
bility for research administration, compliance,
4
or institutional security, as determined appro-
5
priate by the institution; and
6
‘‘(B) serve as the principal institutional of-
7
ficer and primary point of contact with the De-
8
partment of Defense, and other appropriate
9
Federal authorities on matters relating to re-
10
search security associated with Department of
11
Defense–funded research, including undue for-
12
eign influence, cybersecurity pertaining to such
13
research, insider risk, and related threats.
14
‘‘(3) ELIGIBILITY
FOR
DEPARTMENT
OF
DE-
15
FENSE SECURITY CLEARANCES AND TRAINING.—(A)
16
The Chief Research Security Officer shall be eligible
17
for sponsorship for an appropriate personnel security
18
clearance for purposes of Department of Defense–
19
funded research security, as determined by the Sec-
20
retary of Defense.
21
‘‘(B) The Secretary of Defense, acting through
22
the appropriate Department of Defense security and
23
counterintelligence authorities, and in coordination
24
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with other appropriate Federal intelligence agencies,
1
shall establish processes—
2
‘‘(i) to facilitate the sponsorship, adjudica-
3
tion, and issuance of appropriate personnel se-
4
curity clearances for Chief Research Security
5
Officers, including through Department of De-
6
fense security clearance processes;
7
‘‘(ii) to provide threat-related training,
8
briefings, and information, including classified
9
briefings as appropriate, related to risks to De-
10
partment of Defense-funded research; and
11
‘‘(iii) to ensure that information shared is
12
relevant, timely, and provided solely for defen-
13
sive, awareness, and protective purposes.
14
‘‘(4) SCOPE AND LIMITATIONS.—(A) Informa-
15
tion shared pursuant to this section shall be limited
16
to information necessary to protect Department of
17
Defense–funded research and associated research ac-
18
tivities.
19
‘‘(B) Nothing in this section shall be con-
20
strued—
21
‘‘(i) to require institutions of higher edu-
22
cation to conduct classified research;
23
‘‘(ii) to reclassify or otherwise restrict fun-
24
damental research;
25
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‘‘(iii) to impose new export control, classi-
1
fication, or security requirements on research
2
that is otherwise unrestricted under applicable
3
law or policy; or
4
‘‘(iv) to infringe upon academic freedom,
5
freedom of expression, or other lawful academic
6
activities.
7
‘‘(5) ALIGNMENT WITH EXISTING DEPARTMENT
8
OF
DEFENSE
RESEARCH
SECURITY
REQUIRE-
9
MENTS.—The requirements of this section shall be
10
implemented consistent with Department of Defense
11
research security policies and programs, including
12
National Security Presidential Memorandum–33 (re-
13
lating to supported research and development na-
14
tional policy), issued January 2021, applicable De-
15
partment of Defense directives and instructions, and
16
guidance issued by the Office of Science and Tech-
17
nology Policy, as relevant to Department of Defense-
18
funded research.
19
‘‘(j) DEFINITIONS.—In this section:
20
‘‘(1) The term ‘agent of a foreign power’ has
21
the meaning given such term in section 101 of the
22
Foreign Intelligence Surveillance Act of 1978 (50
23
U.S.C. 1801).
24
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‘‘(2) The term ‘institution of higher education’
1
has the meaning given such term in section 101 of
2
the Higher Education Act of 1965 (20 U.S.C.
3
1001).
4
‘‘(3) The term ‘intelligence community’ has the
5
meaning given such term in section 3 of the Na-
6
tional Security Act of 1947 (50 U.S.C. 3003).
7
‘‘§ 4147. Prohibition on contracts between certain for-
8
eign entities and institutions of higher
9
education conducting Department of De-
10
fense-funded research
11
‘‘(a) PROHIBITION.—Beginning on January 1, 2028,
12
a covered institution may not enter into a contract with
13
a covered nation or a foreign entity of concern.
14
‘‘(b) WAIVERS.—
15
‘‘(1) AUTHORITY.—Subject to the provisions of
16
this subsection and subsection (c), the Secretary of
17
Defense may, pursuant to a request submitted under
18
paragraph (2) of this subsection, issue a waiver of
19
the prohibition set forth in subsection (a).
20
‘‘(2) SUBMISSION.—(A)(i) A covered institution
21
that desires to enter into a contract with a foreign
22
entity of concern or a covered nation may submit to
23
the Secretary of Defense, not later than 120 days
24
before the institution enters into such a contract, a
25
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request to waive the prohibition set forth in sub-
1
section (a) with respect to such contract.
2
‘‘(ii) A waiver request submitted by a covered
3
institution under clause (i) shall include—
4
‘‘(I) the complete and unredacted text of
5
the proposed contract for which the waiver is
6
being requested, and if such original contract is
7
not in English, a translated copy of the text
8
into English (in a manner that complies with
9
subsection (e)); and
10
‘‘(II) a statement that—
11
‘‘(aa) is signed by the President or
12
compliance officer of the institution des-
13
ignated in accordance with subsection (f);
14
and
15
‘‘(bb) includes information that dem-
16
onstrates that such contract is for the ben-
17
efit of the institution’s mission and stu-
18
dents and will promote the security, sta-
19
bility, and economic vitality of the United
20
States.
21
‘‘(B)(i) A covered institution that has entered
22
into a contract pursuant to a waiver issued under
23
this section, the term of which is longer than the 1-
24
year waiver period and the terms and conditions of
25
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which remain the same as the proposed contract
1
submitted as part of the request for such waiver,
2
may submit, not later than 120 days before the expi-
3
ration of such waiver period, a request for a renewal
4
of such waiver for the remainder of the contract
5
term, but not to exceed a 4-year period (which shall
6
include any information requested by the Secretary).
7
‘‘(ii) If a covered institution fails to submit a
8
request under clause (i) or is not granted a renewal
9
under such clause, such institution shall terminate
10
such contract on the last day of the original 1-year
11
waiver period.
12
‘‘(3) WAIVER ISSUANCE.—The Secretary of De-
13
fense—
14
‘‘(A) not later than 60 days before a cov-
15
ered institution enters into a contract pursuant
16
to a waiver request under paragraph (2)(A), or
17
before a contract described in paragraph
18
(2)(B)(i) is renewed pursuant to a renewal re-
19
quest under such paragraph, shall notify the
20
covered institution—
21
‘‘(i) if the waiver or renewal will be
22
issued by the Secretary; and
23
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‘‘(ii) in a case in which the waiver or
1
renewal will be issued, the date on which
2
the 1-year waiver period starts;
3
‘‘(B) may only issue a waiver under this
4
subsection to a covered institution if the Sec-
5
retary of Defense determines that the contract
6
for which the waiver is being requested will
7
both—
8
‘‘(i) benefit the institution’s mission
9
and students; and
10
‘‘(ii) promote the security, stability,
11
and economic vitality of the United States;
12
and
13
‘‘(C) shall, when making the determination
14
described in subparagraph (B)(ii), base such
15
determination on the following factors:
16
‘‘(i) The reasons for which the foreign
17
entity of concern or covered nation has
18
been so designated, and why those reasons
19
do not apply to the contract for which
20
waiver is being sought.
21
‘‘(ii) The foreign entity of concern or
22
covered nation’s history of involvement
23
with covered institutions.
24
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‘‘(iii) The degree to which such a con-
1
tract could provide access to information
2
or technology which could materially ben-
3
efit the national security of a covered na-
4
tion or harm the national security of the
5
United States.
6
‘‘(4) NOTIFICATION TO CONGRESS.—Not later
7
than 15 calendar days prior to issuing a waiver
8
under this subsection, the Secretary of Defense shall
9
submit to the Committee on Armed Services of the
10
Senate and the Committee on Armed Services of the
11
House of Representatives written notice of the intent
12
of the Secretary to issue such waiver together with
13
a justification for such waiver.
14
‘‘(5) APPLICATION
OF
WAIVERS.—A waiver
15
issued under this subsection to a covered institution
16
with respect to a contract shall only—
17
‘‘(A) waive the prohibition under sub-
18
section (a) for a 1-year period, or for the re-
19
mainder of the term of the contract, but not to
20
exceed 4 years; and
21
‘‘(B) apply to the terms and conditions of
22
the proposed contract submitted as part of the
23
request for such waiver.
24
‘‘(c) CONTRACTS PRIOR TO DATE OF ENACTMENT.—
25
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‘‘(1) IN GENERAL.—In the case of a covered in-
1
stitution that entered into contract with a covered
2
nation or foreign entity of concern prior to January
3
1, 2028, and which contract remains in effect on
4
such date, the Secretary shall notify the congres-
5
sional defense committees within 90 days of enact-
6
ment of this section.
7
‘‘(2) RENEWAL.—A covered institution that has
8
entered into a contract described in paragraph (1),
9
the term of which is longer than the waiver period
10
described in subparagraph (B) of such paragraph
11
and the terms and conditions of which remain the
12
same as the contract submitted as part of the re-
13
quest required under subparagraph (A) of such
14
paragraph, may submit a request for renewal of the
15
waiver issued under such paragraph in accordance
16
with subsection (c)(2)(B).
17
‘‘(d) DESIGNATION DURING CONTRACT TERM.—In
18
the case of a covered institution that enters into a contract
19
with a foreign source that is not a covered nation or a
20
foreign entity of concern but which, during the term of
21
such contract, is redesignated as a covered nation or for-
22
eign entity of concern, such institution shall terminate
23
such contract not later than 120 days after the Secretary
24
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•S 4784 RS
notifies the covered institution of such designation or im-
1
mediately requests a waiver.
2
‘‘(e) TRANSLATION REQUIREMENT.—Any informa-
3
tion required to be disclosed under this section with re-
4
spect to a contract that is not in English shall be trans-
5
lated, for purposes of such disclosure, by a person that
6
is not an affiliated entity or agent of the covered nation
7
or foreign entity of concern involved with such contract.
8
‘‘(f) COMPLIANCE OFFICER.—Each covered institu-
9
tion applying for a waiver under subsection (c), shall iden-
10
tify a compliance officer, who shall—
11
‘‘(1) be a current employee or legally authorized
12
agent of such institution; and
13
‘‘(2) be responsible, on behalf of such institu-
14
tion, for personally certifying—
15
‘‘(A) compliance with the prohibition under
16
this section; and
17
‘‘(B) the truth and accuracy of any infor-
18
mation contained in such a waiver request.
19
‘‘(g) DEFINITIONS.—In this section:
20
‘‘(1)(A) Except as provided in subparagraph
21
(B), the term ‘contract’ means—
22
‘‘(i) any agreement or memorandum of un-
23
derstanding for the acquisition, by purchase,
24
lease, or barter, of property or services by or
25
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from a covered nation or foreign entity of con-
1
cern; or
2
‘‘(ii) any affiliation, agreement, or similar
3
transaction with a covered nation or foreign en-
4
tity of concern that involves the use or ex-
5
change of the name, likeness, time, services, or
6
resources of a covered institution.
7
‘‘(B) The term ‘contract’ does not include—
8
‘‘(i) an agreement solely or primarily for
9
the purposes of conducting a study-abroad pro-
10
gram wherein students at covered institutions
11
in the United States travel to a covered nation
12
to study;
13
‘‘(ii) short-term, ancillary agreements such
14
as employment contracts for visiting professor-
15
ships or sponsored travel or visas of foreign na-
16
tionals employed by institutions of higher edu-
17
cation, excluding those affiliated with foreign
18
entities of concern;
19
‘‘(iii) an arms-length agreement for the ac-
20
quisition by purchase, lease, or barter of prop-
21
erty or services for the covered institution from
22
a foreign entity of concern; or
23
‘‘(iv) an agreement pertaining to a pre-ex-
24
isting campus or other satellite facility of a cov-
25
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ered institution located in a covered nation or
1
a joint facility of a covered institution and an-
2
other entity located in a covered nation, includ-
3
ing assignment or license of a trademark or
4
copyright related to the name, likeness, mascot
5
or similar image, unless that facility could pro-
6
vide access to information or technology which
7
could materially benefit the national security of
8
a covered nation or harm the national security
9
of the United States.
10
‘‘(2) The term ‘covered institution’ means an
11
institution of higher education that conducts re-
12
search funded by the Department of Defense.
13
‘‘(3) The term ‘covered nation’ has the meaning
14
given that term in section 4872(d) of this title.
15
‘‘(4) The term ‘foreign entity of concern’ means
16
any person or entity on any of the following lists:
17
‘‘(A) Any of the following lists maintained
18
by the Bureau of Industry and Security of the
19
Department of Commerce:
20
‘‘(i) The Entity List set forth in Sup-
21
plement No. 4 to part 744 of title 15, Code
22
of Federal Regulations.
23
‘‘(ii) The Unverified List set forth in
24
Supplement No. 6 part 744 of that title.
25
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‘‘(iii) The Military End-User List set
1
forth in Supplement No. 7 to part 744 of
2
that title.
3
‘‘(iv) The Denied Persons List main-
4
tained pursuant to section 764.3(a)(2) of
5
that title.
6
‘‘(B) The list of specifically designated na-
7
tionals and blocked persons maintained by the
8
Office of Foreign Assets Control of the Depart-
9
ment of Treasury (commonly referred to as the
10
‘SDN list’).
11
‘‘(C) The list of Chinese military compa-
12
nies operating in the United States required by
13
section 1260H of the William M. (Mac) Thorn-
14
berry National Defense Authorization Act for
15
Fiscal Year 2021 (Public Law 116–283; 10
16
U.S.C. 113 note).
17
‘‘(D) The lists of debarred parties main-
18
tained by the Directorate of Defense Trade
19
Controls of the Department of State pursuant
20
to section 38(g)(4)of the Arms Export Control
21
Act (22 U.S.C. 2778(g)(4)).
22
‘‘(E) The list of telecommunications com-
23
panies of the People’s Republic of China de-
24
scribed in section 889(f)(3) of the John S.
25
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McCain National Defense Authorizations Act of
1
2019 (Public Law 115–232; 41 U.S.C. 3901
2
note prec.).
3
‘‘(F) The list of semiconductor companies
4
of the People’s Republic of China described in
5
section 5949(i)(3) of the James M. Inhofe Na-
6
tional Defense Authorization Act for Fiscal
7
Year2023 (Public Law 117–263; 41 U.S.C.
8
4713 note).
9
‘‘(G) The list of biotechnology companies
10
of concern maintained under section 851(f) of
11
the National Defense Authorization Act for Fis-
12
cal Year 2026 (Public Law 119–60; 41 U.S.C.
13
3901 note prec.).
14
‘‘(H) The list of entities that produce or
15
provide communications equipment or service
16
on the list published by the Federal Commu-
17
nications Commission under section 2(a) of the
18
Secure and Trusted Communications Networks
19
Act of 2019 (47 U.S.C. 1601(a)).
20
‘‘(I) A list maintained under clause (i),
21
(ii), (iv), or (v) of section 2(d)(2)(B) of the Act
22
entitled ‘An Act to ensure that the goods made
23
with forced labor in Xinjiang Autonomous Re-
24
gion of the People’s Republic of China d o not
25
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enter the United States market, and for other
1
purposes’, approved December 23, 2021 (Public
2
Law 117–18; 22 U.S.C. 6901 note) (commonly
3
referred to as the ‘Uyghur Forced Labor Pre-
4
vention Act’).
5
‘‘(5) The term ‘institution of higher education’
6
has the meaning given that term in section 102 of
7
the Higher Education Act of 1965 (20 U.S.C.
8
1002).’’.
9
(b) CONFORMING REPEALS.—The following sections
10
are hereby repealed:
11
(1) Section 1277 of the National Defense Au-
12
thorization Act for Fiscal Year 2018 (Public Law
13
115–91; 50 U.S.C. 1914).
14
(2) Section 1286 of the John S. McCain Na-
15
tional Defense Authorization Act for Fiscal Year
16
2019 (Public Law 115–232; 10 U.S.C. 4001 note).
17
(c) CONFORMING AMENDMENT.—Section 1062(b)(2)
18
of the William M. (Mac) Thornberry National Defense Au-
19
thorization Act for Fiscal Year 2021 (Public Law 116–
20
283; 10 U.S.C. 2241 note) is amended by striking ‘‘sub-
21
section (g) of section 1286 of the John S. McCain Na-
22
tional Defense Authorization Act for Fiscal Year 2019 (10
23
U.S.C. 2358 note), as amended by section 1299C of this
24
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Act,’’ and inserting ‘‘section 4146(h) of title 10, United
1
States Code,’’.
2
SEC. 221. CODIFICATION OF DEPARTMENT OF DEFENSE
3
SCIENCE, TECHNOLOGY, AND INNOVATION
4
BOARD.
5
Subchapter I of chapter 303 of title 10, United States
6
Code, is amended by adding at the end the following new
7
section:
8
‘‘§ 4068. Department of Defense Science, Technology,
9
and Innovation Board
10
‘‘(a) ADVISORY BOARD ESTABLISHED.—The Sec-
11
retary of Defense shall, acting through the Under Sec-
12
retary of Defense for Research and Engineering, establish
13
and maintain a Science, Technology, and Innovation
14
Board (in this section referred to as the ‘Board’) for the
15
purposes set forth in subsection (b).
16
‘‘(b) PURPOSE.—
17
‘‘(1) IN GENERAL.—The purpose of the Board
18
is to advise, in response to taskings, the Secretary
19
of Defense, the Deputy Secretary of Defense, the
20
Under Secretary of Defense for Research and Engi-
21
neering, the Chairman of the Joint Chiefs of Staff,
22
and the other Under Secretaries of the Department
23
of Defense on matters relating to science, tech-
24
nology, research, engineering, manufacturing, acqui-
25
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sition process, and other matters that are of special
1
interest to the Department of Defense.
2
‘‘(2) MATTERS OF CONCERN TO THE BOARD;
3
IDENTIFICATION
OF
TECHNOLOGIES.—The Board
4
shall—
5
‘‘(A) be concerned with the pressing and
6
complex technology problems facing the Depart-
7
ment of Defense in such areas as research, en-
8
gineering, and manufacturing; and
9
‘‘(B) ensure the identification of new tech-
10
nologies and new applications of technology in
11
those areas to strengthen national security.
12
‘‘(c) CHARTER.—The Board shall maintain a public
13
charter describing its functions, which shall be updated
14
periodically as the Under Secretary of Defense for Re-
15
search and Engineering considers necessary.
16
‘‘(d) AGENCY PROVIDING SUPPORT; STAFF.—
17
‘‘(1) IN GENERAL.—The Board shall report to
18
the Secretary of Defense through the Under Sec-
19
retary of Defense for Research and Engineering.
20
‘‘(2) EXECUTIVE
DIRECTOR
AND
SUPPORT
21
STAFF.—The Under Secretary of Defense for Re-
22
search and Engineering shall provide the Board with
23
an Executive Director and the necessary support
24
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staff to manage the day-to-day operations of the
1
Board and its ad hoc task forces.
2
‘‘(3) COMPLIANCE OFFICER.—The Board shall
3
have a designated Federal officer to ensure compli-
4
ance of the Board with all Department of Defense
5
policies and procedures and relevant Federal regula-
6
tions.
7
‘‘(4) DETAILEES
AND
LIAISONS.—The Board
8
may accept detailees from the military departments
9
or components of the Department of Defense to
10
serve as Armed Forces liaisons to the Board and
11
support Board activities.
12
‘‘(e) MEMBERSHIP.—
13
‘‘(1) COMPOSITION.—The Board shall be com-
14
posed of not more than 50 members as full board
15
members, who shall be eminent authorities in the
16
fields of science, technology, innovation, and other
17
matters germane to scientific, technological, and in-
18
novation topics of special interest to the Department
19
of Defense.
20
‘‘(2) TERMS.—(A) The appointment of Board
21
members shall be approved by the Department of
22
Defense Appointing Authority for a term of service
23
of one to four years, with annual renewals, in ac-
24
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cordance with Department of Defense policy and
1
procedures.
2
‘‘(B) No member, unless approved by the De-
3
partment of Defense Appointing Authority, may
4
serve more than two consecutive terms of service on
5
the Board, including its subcommittees, unless a
6
waiver is approved by the Under Secretary.
7
‘‘(3) LEADERSHIP.—The Department of De-
8
fense Appointing Authority shall appoint the leader-
9
ship of the Board from among the members of the
10
Board, in accordance with Department of Defense
11
policy and procedures, for a term of service of one
12
to two years, with annual renewal, which shall not
13
exceed the term of a member’s appointment to the
14
Board.
15
‘‘(4) COMPENSATION OF MEMBERS.—Except for
16
reimbursement for official Board-related travel and
17
per diem, members of the Board members shall
18
serve without compensation.
19
‘‘(f) SUBCOMMITTEES, TASK FORCES, PANELS, OR
20
WORKING GROUPS.—
21
‘‘(1) IN GENERAL.—(A) When necessary and
22
consistent with the Board’s mission, the Board may
23
establish subcommittees, task forces, panels, or
24
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working groups (hereafter referred to as ‘sub-
1
committees’) to support Board activities.
2
‘‘(B) The establishment of subcommittees shall
3
be based upon a written determination, which shall
4
include terms of reference, by the Department of
5
Defense Appointing Authority or the Under Sec-
6
retary of Defense for Research and Engineering, as
7
the Board’s sponsor.
8
‘‘(2) FACA AND COMPLIANCE.—All subcommit-
9
tees operate in accordance with chapter 10 of title
10
5 (commonly known as the ‘Federal Advisory Com-
11
mittee Act’), governing Federal statutes and regula-
12
tions, and Department of Defense policy and proce-
13
dures.
14
‘‘(3) OPERATIONS.—(A) A subcommittee shall
15
not work independently of the Board and shall re-
16
port all of its recommendations and advice solely to
17
the Board for its thorough deliberation and discus-
18
sion at a properly noticed and open Board meeting,
19
unless the meeting must be closed in accordance
20
with one or more of the exemptions found in section
21
552b of title 5.
22
‘‘(B) A subcommittee has no authority to make
23
decisions and recommendations, orally or in writing,
24
on behalf of the Board.
25
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‘‘(4) APPOINTMENT TO SUBCOMMITTEES.—In-
1
dividual appointments to serve on subcommittees,
2
which are separate and distinct from appointments
3
to the Board itself, shall be approved by the Depart-
4
ment of Defense Appointing Authority for a term of
5
service of one to four years, with annual renewals,
6
in accordance with Department of Defense policy
7
and procedures.
8
‘‘(g) FREQUENCY OF MEETINGS.—The Board shall
9
meet not less frequently than four times each year on a
10
quarterly basis to update the Secretary and senior leader-
11
ship on the activities of the Board.’’.
12
SEC. 222. ALTERNATIVE PROGRAMS TO EXPAND INVEN-
13
TORY OF AIR DEFENSE INTERCEPTORS.
14
(a) ALTERNATIVE
PROGRAMS
REQUIRED.—The
15
Under Secretary of Defense for Acquisition and
16
Sustainment, in coordination with the Secretaries of the
17
military departments, shall explore, establish, and carry
18
out efforts to increase the inventory of air defense inter-
19
ceptors by pursuing each of the following pathways:
20
(1) Cost-reduction initiatives for existing missile
21
systems, including value engineering, design-for-
22
manufacturability improvements, and supply-chain
23
efficiencies.
24
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(2) Delivery of technical data packages on a
1
contract-manufacturing basis to additional manufac-
2
turers, including manufacturers in the commercial
3
sector, consistent with applicable technical data
4
rights or agreements with the technical data owners.
5
(3) Sourcing of interceptors from allies and
6
partners and the exploration of opportunities to es-
7
tablish or expand domestic production lines for such
8
interceptors, including through co-production, li-
9
censed manufacturing, or foreign military sales ar-
10
rangements.
11
(4) Performance of market research across in-
12
dustry and the Department of Defense science and
13
technology reinvention laboratories to identify crit-
14
ical components for air defense interceptors and to
15
support the rapid integration, testing, and qualifica-
16
tion of a new or modified interceptor design.
17
(b) REPORT REQUIRED.—Not later than one year
18
after the date of the enactment of this Act, the Under
19
Secretary shall submit to the congressional defense com-
20
mittees a report describing—
21
(1) the specific activities conducted under each
22
of the pathways required by subsection (a);
23
(2) for each pathway, the potential improve-
24
ments in unit cost, schedule, and production volume
25
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that could be achieved, as compared to any identified
1
impacts on the performance, reliability, or other ca-
2
pabilities of the affected missile systems; and
3
(3) the Secretary’s recommended path or paths
4
forward, including any legislative or budgetary pro-
5
posals necessary to implement or expand successful
6
efforts.
7
SEC. 223. IMPROVEMENTS TO PERSONNEL MANAGEMENT
8
AUTHORITY
TO
ATTRACT
EXPERTS
IN
9
SCIENCE,
ENGINEERING,
AND
CERTAIN
10
OTHER DISCIPLINES AT DEFENSE ADVANCED
11
RESEARCH PROJECTS AGENCY.
12
Section 4092(b)(1)(B) of title 10, United States
13
Code, is amended by striking the semicolon and inserting
14
‘‘, of which not more than 40 of the 140 positions may
15
be occupied concurrently by 2 individuals, for a period not
16
to exceed 90 days, for the purposes of accommodating re-
17
cruitment cycles and managing personnel rotations, and
18
any such concurrent occupancy shall be counted as a sin-
19
gle position against the total number of positions set forth
20
in this subparagraph;’’.
21
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SEC. 224. EXTENSION OF LIMITATION ON AVAILABILITY OF
1
FUNDS FOR FUNDAMENTAL RESEARCH COL-
2
LABORATION WITH CERTAIN ACADEMIC IN-
3
STITUTIONS.
4
Section 238(a) of the Servicemember Quality of Life
5
Improvement and National Defense Authorization Act for
6
Fiscal Year 2025 (Public Law 118–159), as amended by
7
section 215 of the National Defense Authorization Act for
8
Fiscal Year 2026 (Public Law 119–60), is amended by
9
striking ‘‘or fiscal year 2026’’ and inserting ‘‘, fiscal year
10
2026, or fiscal year 2027’’.
11
Subtitle C—Plans, Reports, and
12
Other Matters
13
SEC. 231. ASSESSMENT FRAMEWORK FOR FUTURE QUAN-
14
TUM COMPUTING PROGRAMS.
15
(a) FRAMEWORK REQUIRED.—Not later than June
16
15, 2027, the Secretary of Defense shall, in coordination
17
with the Under Secretary of Defense for Research and En-
18
gineering and the Under Secretary of Defense for Acquisi-
19
tion and Sustainment, develop a framework for assessing
20
the development or acquisition of future quantum com-
21
puting systems, algorithms, or hybrid-quantum computing
22
services informed by the practices developed under the
23
Quantum Benchmarking Initiative.
24
(b) REQUIREMENTS.—In developing the framework
25
required under subsection (a), the Secretary shall leverage
26
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the work products, insights, and lessons learned from the
1
Quantum Benchmarking Initiative to help programs, tech-
2
nical developers, or source selection evaluators assess the
3
following:
4
(1) The ability of a system, algorithm, or serv-
5
ice to achieve mission-relevant capability for the De-
6
partment of Defense.
7
(2) Risks and the sufficiency of risk mitigation
8
steps in developing or acquiring a relevant system,
9
algorithm, or service.
10
(3) Timelines, technical enabling infrastructure,
11
user requirements, doctrinal or employment concep-
12
tual needs, and training needs associated with the
13
development or acquisition of a system, algorithm, or
14
service.
15
(c) ISSUANCE OF POLICY GUIDANCE.—Not later than
16
December 1, 2027, the Secretary shall issue policy guid-
17
ance to the Department regarding the use of the assess-
18
ment framework required under subsection (a).
19
SEC. 232. EXECUTION OF THE ADDITIVE MANUFACTURING
20
FOR ROCKET PROPELLANT SYSTEMS.
21
(a) PROGRAM OF RECORD DETERMINATION.—Not
22
later than 60 days after the date of the enactment of this
23
Act, the Secretary of the Army shall submit to the Com-
24
mittee on Armed Services of the Senate and the Com-
25
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mittee on Armed Services of the House of Representatives
1
a determination confirming whether the Additive Manu-
2
facturing for Rocket Propellant systems should be for-
3
mally established as a program of record.
4
(b) BRIEFING REQUIREMENT.—Not later than April
5
15, 2027, the Secretary shall submit to the congressional
6
defense committees a briefing on Army efforts relating to
7
Additive Manufacturing for Rocket Propellant systems, in-
8
cluding its procurement funding, and integration strate-
9
gies.
10
SEC. 233. REPORT ON EMERGING TECHNOLOGY AND COG-
11
NITIVE WARFARE.
12
(a) IN GENERAL.—Not later than 270 days after the
13
date of the enactment of this Act, the Secretary of Defense
14
shall, in coordination with the Under Secretary of Defense
15
for Research and Engineering and the Director of the De-
16
fense Advanced Research Projects Agency, submit to the
17
congressional defense committees a report on the implica-
18
tions of emerging technologies to support Department of
19
Defense cognitive warfare.
20
(b) CONTENTS.—The report submitted pursuant to
21
subsection (a) shall include the following:
22
(1) An identification and assessment of emerg-
23
ing technologies that have current or near-term ap-
24
plication to cognitive warfare and operations in the
25
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information environment of the Department of De-
1
fense, including artificial intelligence and machine
2
learning tools, synthetic media generation, analytical
3
tools, including narrative intelligence, and neuro-
4
science-based influence technologies.
5
(2) An assessment of how adversaries of the
6
United States, including China and Russia, are re-
7
searching, developing, or employing such tech-
8
nologies in support of cognitive warfare objectives.
9
(3) An assessment of how allies and partners of
10
the United States, including the North Atlantic
11
Treaty Organization, are researching, developing, or
12
employing such technologies in support of cognitive
13
warfare objectives.
14
(4) An assessment of opportunities for the De-
15
partment of Defense to leverage the defense indus-
16
trial base, academic research institutions, and allied
17
and partner countries in accelerating the develop-
18
ment and fielding of relevant cognitive warfare tech-
19
nologies, including recommendations for public-pri-
20
vate partnership mechanisms and international co-
21
operation agreements.
22
(5) Such other matters as the Secretary con-
23
siders appropriate.
24
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SEC. 234. DEPARTMENT OF DEFENSE ELECTRONICS RE-
1
QUIREMENTS STUDY.
2
(a) AGREEMENT.—
3
(1) IN
GENERAL.—The Secretary of Defense
4
shall seek to enter into an agreement with an orga-
5
nization the Secretary considers qualified, to per-
6
form the services covered by this section.
7
(2) TIMING.—The Secretary shall seek to enter
8
into the agreement described in paragraph (1) such
9
that the services covered by this section are com-
10
pleted before the date that is 180 days after the
11
date of the enactment of this Act.
12
(b) STUDY.—Under an agreement between the Sec-
13
retary and an organization under subsection (a), the orga-
14
nization shall carry out a comprehensive study analyzing
15
current and future electronics requirements for defense
16
systems, with particular emphasis on electronic warfare
17
capabilities and semiconductor packaging solutions.
18
(c) ELEMENTS.—The study carried out under sub-
19
section (b) shall include the following:
20
(1) CURRENT STATE ASSESSMENT.—An assess-
21
ment that includes—
22
(A) a system-level analysis of electronics
23
needs and core functions across existing defense
24
platforms;
25
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(B) documentation of current operational
1
requirements, including—
2
(i) electronic warfare systems’ parallel
3
target acquisition capabilities;
4
(ii) threat differentiation and classi-
5
fication requirements; and
6
(iii) counter-electronic warfare re-
7
sponse timeframes and performance speci-
8
fications;
9
(C) a catalog and categorization of existing
10
technology implementations by type and appli-
11
cation; and
12
(D) an assessment of current semicon-
13
ductor packaging functions and their relation-
14
ship to system performance.
15
(2) TECHNOLOGY
LANDSCAPE
ANALYSIS.—An
16
analysis that includes engagement with semicon-
17
ductor industry experts, including Intel Corporation
18
and other leading manufacturers—
19
(A) to map system-level requirements to
20
semiconductor-level specifications;
21
(B) to identify current technology gaps
22
and limitations; and
23
(C) to analyze existing supply chain de-
24
pendencies and vulnerabilities.
25
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(3) FUTURE REQUIREMENTS DEFINITION.—De-
1
velopment of a definition of future requirements that
2
includes—
3
(A) a survey of stakeholders to identify de-
4
sired future capabilities and performance tar-
5
gets;
6
(B) next-generation electronics require-
7
ments across multiple domains;
8
(C) scalability requirements and capability
9
roadmaps; and
10
(D) documentation of emerging technology
11
scenarios.
12
(4) MODULAR ARCHITECTURE FRAMEWORK.—
13
Development of a framework that includes—
14
(A) recommendations for standardized,
15
modular electronics building blocks;
16
(B) interface specifications to enable inter-
17
operable capabilities;
18
(C) a framework for aggregate demand
19
forecasting;
20
(D) strategies for mitigating diminishing
21
manufacturing sources and material shortages;
22
and
23
(E) upgrade pathways that minimize sys-
24
tem-wide impacts.
25
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(d) REPORT.—
1
(1) IN
GENERAL.—Not later than 180 days
2
after the date of the enactment of this Act, the Sec-
3
retary shall submit to the congressional defense com-
4
mittees a report on the findings of the organization
5
with whom the Secretary entered into a contract
6
under subsection (a) with regards to the study car-
7
ried out under subsection (b).
8
(2) CONTENTS.—The report submitted under
9
paragraph (1) shall include the following:
10
(A) The findings described in paragraph
11
(1).
12
(B) An implementation roadmap with
13
timeline and resource requirements.
14
(C) Risk assessment and mitigation strate-
15
gies.
16
(3) FORM.—The report submitted under para-
17
graph (1) shall be submitted in unclassified form,
18
but may include a classified annex.
19
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TITLE III—OPERATION AND
1
MAINTENANCE
2
Subtitle A—Authorization of
3
Appropriations
4
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
5
Funds are hereby authorized to be appropriated for
6
fiscal year 2027 for the use of the Armed Forces and other
7
activities and agencies of the Department of Defense for
8
expenses, not otherwise provided for, for operation and
9
maintenance, as specified in the funding table in section
10
4301.
11
Subtitle B—Energy and
12
Environment
13
SEC. 311. MODIFICATIONS TO ADVANCED NUCLEAR TRAN-
14
SITION WORKING GROUP.
15
Section 319 of the National Defense Authorization
16
Act for Fiscal Year 2026 (Public Law 119–60) is amend-
17
ed—
18
(1) in subsection (b)(1), by striking ‘‘The As-
19
sistant Secretary of Defense for Energy, Installa-
20
tions, and Environment’’ and inserting ‘‘The Assist-
21
ant Secretary of Defense for Nuclear Deterrence,
22
Chemical, and Biological Defense Policy and Pro-
23
grams’’; and
24
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(2) in subsection (c), by striking ‘‘The Assistant
1
Secretary of Defense for Nuclear Deterrence, Chem-
2
ical, and Biological Defense Policy and Programs’’
3
and inserting ‘‘The Assistant Secretary of Defense
4
for Energy, Installations, and Environment’’.
5
SEC. 312. PRIORITIZATION OF DEPLOYMENT OF EXPEDI-
6
TIONARY SOLID WASTE DISPOSAL SYSTEMS.
7
The Secretary of Defense shall prioritize deployment
8
of expeditionary solid waste disposal systems to contin-
9
gency locations where open air burn pits remain in use,
10
including Ar Riyan (Owen), Yemen, and other locations
11
where members of the Armed Forces face elevated expo-
12
sure risk due to the absence of feasible waste disposal al-
13
ternatives.
14
SEC. 313. AUTHORIZATION OF SUSTAINABLE AVIATION
15
FUEL PROCUREMENT.
16
Section 2911 of title 10, United States Code, is
17
amended by adding at the end the following new sub-
18
section:
19
‘‘(k) SUSTAINABLE
AVIATION
FUEL
PROCURE-
20
MENT.—The Secretary of Defense may procure sustain-
21
able aviation fuel for operational or training purposes at
22
a cost that exceeds the cost of conventional petroleum-
23
based aviation fuel.’’.
24
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SEC. 314. GRID RESILIENCY AND ENERGY REDUNDANCY.
1
Section 2911(e) of title 10, United States Code, is
2
amended—
3
(1) by redesignating paragraphs (9) through
4
(13) as paragraphs (10) through (14), respectively;
5
and
6
(2) by inserting after paragraph (8) the fol-
7
lowing new paragraph (9):
8
‘‘(9) The value of establishing operational re-
9
dundancy in both the primary procurement sourcing
10
of energy and the specific physical categories of en-
11
ergy utilized to support critical mission infrastruc-
12
ture, ensuring the continuous availability of inde-
13
pendent baseload generation capacities in the event
14
of commercial or regional utility disruption.’’.
15
SEC. 315. MANDATORY GRID IMPACT AND INFRASTRUC-
16
TURE
POWER
REQUIREMENTS
FOR
EN-
17
HANCED USE LEASES.
18
(a) REQUIREMENTS.—The Secretary of Defense shall
19
ensure that any enhanced use lease executed, extended,
20
or renewed under section 2667 and 2662 of title 10,
21
United States Code, for purposes of infrastructure, facility
22
modernization, or energy production of the Department of
23
Defense shall include a comprehensive, formalized assess-
24
ment of localized grid impacts and infrastructure power
25
demands.
26
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(b) ELEMENTS OF ASSESSMENT.—The assessment
1
required under subsection (a) shall explicitly document
2
and discuss the following:
3
(1) The projected net effects of the proposed
4
enhanced use lease on the stability, capacity, and re-
5
liability of the surrounding local commercial electric
6
grid, including potential impacts on voltage regula-
7
tion, transmission congestion, and utility-scale base-
8
line capacity.
9
(2) The total peak and baseline electrical power
10
required to fully sustain and operate all new infra-
11
structure, facilities, or capabilities constructed on
12
the leased property under the enhanced use lease.
13
SEC. 316. STORAGE CAPACITY ENHANCEMENTS.
14
(a) PLAN REQUIRED.—
15
(1) IN
GENERAL.—Not later than 180 days
16
after the date of the enactment of this Act, the Sec-
17
retary of Defense, in coordination with the Com-
18
mander of the United States Transportation Com-
19
mand, the Director of the Defense Logistics Agency,
20
and the Secretary of each military department, shall
21
submit to the congressional defense committees a
22
comprehensive master plan to expand, harden, and
23
optimize bulk storage capacity at strategic locations
24
worldwide.
25
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(2) ELEMENTS OF THE PLAN.—The plan re-
1
quired under paragraph (1) shall include the fol-
2
lowing elements:
3
(A) The establishment of theater-specific
4
minimum operational storage capacity floors for
5
all types of fuel used by the Department of De-
6
fense, including any high-priority strategic
7
nodes capable of sustaining critical mission es-
8
sential tasks for a minimum period of time de-
9
termined by the Department without external
10
replenishment.
11
(B) A program and engineering assessment
12
to construct hardened, semi-buried, under-
13
ground, distributed, or geologic storage infra-
14
structure and modular fueling nodes designed
15
to withstand kinetic, cyber, and environmental
16
threats.
17
(C) A strategy to transition from single,
18
large-scale vulnerable bulk fuel hubs to decen-
19
tralized and redundant storage networks within
20
individual installation footprints to mitigate sin-
21
gle points of failure.
22
(b) CONGRESSIONAL SUBMISSION.—
23
(1) SUBMISSION OF MASTER PLAN.—Upon com-
24
pletion of the plan required under subsection (a),
25
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and not later than 180 days after the date of the en-
1
actment of this Act, the Secretary of Defense shall
2
submit the master plan to the congressional defense
3
committees.
4
(2) FORM
OF
REPORT.—The plan submitted
5
under paragraph (1) and any accompanying project
6
list shall be submitted in unclassified form, but may
7
include a classified annex to protect specific oper-
8
ational readiness thresholds and vulnerability pro-
9
files of designated strategic locations.
10
SEC. 317. REVISION OF POLICY ON USE OF OPEN-AIR BURN
11
PITS NOT CONTROLLED BY DEPARTMENT OF
12
DEFENSE.
13
Not later than 180 days after the date of the enact-
14
ment of this Act, the Secretary of Defense shall revise the
15
policy of the Department of Defense governing the use of
16
open-air burn pits consistent with the findings and rec-
17
ommendations contained in the report by the Inspector
18
General of the Department of Defense dated July 11,
19
2024, and entitled ‘‘Management Advisory: Non-DoD
20
Solid Waste Burning At or Near DoD-Occupied Sites’’
21
(DODIG–2024–107).
22
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SEC. 318. ASSESSMENT OF ENERGY SUPPLIED TO INSTAL-
1
LATIONS AND OPERATIONAL FORCES OF THE
2
DEPARTMENT OF DEFENSE.
3
(a) IN GENERAL.—Not later than 120 days after the
4
date of the enactment of this Act, the Secretary of De-
5
fense, in coordination with the Commander of the United
6
States Transportation Command and the Director of the
7
Defense Logistics Agency, shall submit to the congres-
8
sional defense committees a comprehensive assessment of
9
the current status, sourcing, and security of all forms of
10
energy supplied to installations and operational forces of
11
the Department of Defense.
12
(b) ELEMENTS OF ASSESSMENT.—The assessment
13
required under subsection (a) shall include, at a minimum,
14
the following:
15
(1) A complete accounting of the geographic or-
16
igin and supply chain pathways of all forms of en-
17
ergy, including hydrocarbons, purchased by the De-
18
partment of Defense, explicitly identifying any direct
19
or indirect reliance on foreign energy sources.
20
(2) An evaluation of the systemic vulnerabilities
21
within current energy supply lines of the Depart-
22
ment, including single points of failure and military
23
installations reliant on single-source commercial
24
transmission or entities backed by a foreign country.
25
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(3) An inventory of current on-site energy stor-
1
age capacities, including an assessment of whether
2
existing capacities meet baseline operational require-
3
ments.
4
(4) An assessment of potential disruptions to
5
energy supplies of the Department under various ki-
6
netic and cyber conflict scenarios.
7
SEC. 319. REQUIREMENT OF NOTICE ON UPDATES TO PUB-
8
LIC
DASHBOARD
ON
REMEDIATION
OF
9
PERFLUOROALKYL AND POLYFLUOROALKYL
10
SUBSTANCES.
11
Section 322 of the National Defense Authorization
12
Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C.
13
2701 note) is amended—
14
(1) in subsection (b)(2), by striking ‘‘removal’’
15
and inserting ‘‘remedial’’;
16
(2) by redesignating subsection (c) as sub-
17
section (d);
18
(3) by inserting after subsection (b) the fol-
19
lowing new subsection (c):
20
‘‘(c) NOTICE OF UPDATES TO DASHBOARD.—Not
21
less frequently than semiannually, the Secretary shall pro-
22
vide prompt notice to regional offices of the Environ-
23
mental Protection Agency, appropriate State and local au-
24
thorities, restoration advisory boards established under
25
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section 2705(d) of title 10, United States Code, and the
1
Committees on Armed Services of the Senate and the
2
House of Representatives of updates to the dashboard
3
under subsection (b).’’; and
4
(4) in subsection (d)(1), as redesignated by
5
paragraph (2), by striking ‘‘ ‘removal’,’’.
6
SEC. 320. REVISIONS TO TECHNICAL ASSISTANCE FOR PUB-
7
LIC PARTICIPATION IN DEFENSE ENVIRON-
8
MENTAL RESTORATION ACTIVITIES.
9
The Secretary of Defense shall modify section 203.4
10
of title 32, Code of Federal Regulations, or successor regu-
11
lations, to increase the limitation on the combined sum
12
of purchase orders for technical assistance for public par-
13
ticipation in defense environmental restoration activities
14
under that section for an installation of the Department
15
of Defense to a combined sum of purchase orders not to
16
exceed $1,000,000 or, during any one year, the lesser of
17
$100,000 or 1 percent of the total projected environmental
18
restoration cost-to-complete of the installation.
19
SEC. 320A. STUDY ON CONTRACTING PROCESS OF DEPART-
20
MENT OF DEFENSE FOR REMEDIATION OF
21
PERFLUOROALKYL AND POLYFLUOROALKYL
22
SUBSTANCES.
23
(a) IN GENERAL.—The Comptroller General of the
24
United States shall conduct a study evaluating the cleanup
25
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and acquisition processes used by the Department of De-
1
fense as of the date of the enactment of this Act relating
2
to remediation of perfluoroalkyl and polyfluoroalkyl sub-
3
stances resulting from activities of the Department of De-
4
fense.
5
(b) ELEMENTS.—In conducting the study under sub-
6
section (a), the Comptroller General shall assess—
7
(1) the extent to which the Department has
8
identified and developed requirements for remedi-
9
ation of perfluoroalkyl and polyfluoroalkyl sub-
10
stances across military installations where cleanup
11
may be needed by the Department, including any
12
fragmentation of requirements across military instal-
13
lations;
14
(2) the extent to which the Department has
15
analyzed the effectiveness of acquisition strategies
16
and contracting approaches used to procure tech-
17
nologies and services for the remediation of such
18
substances;
19
(3) whether the cleanup and acquisition strate-
20
gies of the Department account for the current state
21
of remediation technologies for such substances;
22
(4) whether the Department reviews the effec-
23
tiveness of technologies previously employed at in-
24
stallations of the Department and considers the find-
25
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ings from such reviews when approaching future re-
1
mediation efforts; and
2
(5) any risks, gaps, or inefficiencies in the ap-
3
proach taken by the Department to remediate such
4
substances, and any opportunities to improve speed,
5
affordability, and outcomes.
6
(c) BRIEFING.—Not later than one year after the
7
date of the enactment of this Act, the Comptroller General
8
shall brief the congressional defense committees on the
9
study conducted under subsection (a), with a report to fol-
10
low at a mutually agreed upon time.
11
SEC. 320B. INITIATION OF REMEDIAL ACTIONS WITH RE-
12
SPECT
TO
PERFLUOROALKYL
AND
13
POLYFLUOROALKYL SUBSTANCES.
14
(a) INITIATION OF REMEDIAL ACTIONS.—
15
(1) IN GENERAL.—To the extent that it is con-
16
sistent with the Comprehensive Environmental Re-
17
sponse, Compensation, and Liability Act of 1980 (42
18
U.S.C. 9601 et seq.) and any other applicable law,
19
and except as provided in paragraph (2), not later
20
than two years after the date of the enactment of
21
this Act, the Secretary of Defense shall initiate in-
22
terim remedial actions with respect to perfluoroalkyl
23
and polyfluoroalkyl substances at not fewer than 50
24
covered sites.
25
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(2) EXCEPTION.—
1
(A) IN GENERAL.—The Secretary may ini-
2
tiate interim remedial actions with respect to
3
perfluoroalkyl and polyfluoroalkyl substances at
4
fewer than 50 covered sites only if the Sec-
5
retary cannot find enough covered sites meeting
6
the
factor
specified
under
section
7
300.415(b)(2)(i) of title 40, Code of Federal
8
Regulations, or successor regulations.
9
(B) REPORT.—If the Secretary utilizes the
10
exception under subparagraph (A), the Sec-
11
retary shall submit to Congress a report
12
verifying that the Secretary assessed each cov-
13
ered site and was unable to find a sufficient
14
number of covered sites meeting the factor
15
specified in such subparagraph.
16
(b) TIMELY COMPLETION OF ONGOING ACTIONS.—
17
The Secretary shall ensure the timely completion of in-
18
terim remedial actions at installations of the Department
19
of Defense that are ongoing as of the date of the enact-
20
ment of this Act.
21
(c) COVERED SITE DEFINED.—In this section, the
22
term ‘‘covered site’’—
23
(1) means, of the 723 installations of the De-
24
partment assessed for use or potential use of
25
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perfluoroalkyl and polyfluoroalkyl substances set
1
forth in the publication of the Department dated
2
March 31, 2025, the installations at which the esti-
3
mated remedial investigation or feasibility study end
4
date is delayed as compared to the date specified for
5
such site in the similar publication of the Depart-
6
ment dated December 2024; and
7
(2) shall be interpreted consistent with the
8
Comprehensive Environmental Response, Compensa-
9
tion, and Liability Act of 1980 (42 U.S.C. 9601 et
10
seq.) and any other applicable law.
11
Subtitle C—Logistics and
12
Sustainment
13
SEC. 321. IMPLEMENTATION OF COMPTROLLER GENERAL
14
RECOMMENDATIONS
ON
EXERCISES
AND
15
WARGAMES IN THE INDO-PACIFIC REGION.
16
(a) IMPLEMENTATION PLAN.—
17
(1) IN
GENERAL.—Not later than 180 days
18
after the date of the enactment of this Act, each
19
Secretary concerned shall submit to the congres-
20
sional defense committees and the Comptroller Gen-
21
eral of the United States a plan to address the fol-
22
lowing recommendations made by the Comptroller
23
General:
24
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(A) Recommendations 16 through 20 in
1
the report entitled ‘‘Weapon Systems Mainte-
2
nance: DOD Needs Enhanced Assessments and
3
Exercises to Prepare for an Indo-Pacific Con-
4
flict’’(GAO–26–107710C).
5
(B) Recommendations 7 through 11 in the
6
report entitled ‘‘Fuel Supply: DOD Is Not Pre-
7
pared for a Contested Environment in the Indo-
8
Pacific’’(GAO–25–107216C).
9
(C) Recommendations 7 and 8 in the re-
10
port entitled ‘‘Force Structure: Army and Ma-
11
rine Corps Face Challenges Developing New
12
Multi-Domain Units’’(GAO–24–106266C).
13
(D) Recommendations 1 and 2 in the re-
14
port entitled ‘‘Military Readiness: Actions
15
Needed to Ensure the Reserve Component Will
16
Be Ready to Rapidly Respond to a Potential
17
Conflict’’(GAO–26–107579C).
18
(2) IDENTIFICATION OF RECOMMENDATIONS TO
19
BE IMPLEMENTED.—Each plan under paragraph (1)
20
shall include, with respect to each recommendation
21
described in such paragraph that the Secretary con-
22
cerned has implemented or intends to implement—
23
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(A) a summary of actions that have been
1
taken or will be taken to implement the rec-
2
ommendation; and
3
(B) a schedule, with specific milestones,
4
for completing implementation of the rec-
5
ommendation.
6
(3) IDENTIFICATION
OF
RECOMMENDATIONS
7
NOT TO BE IMPLEMENTED.—Each plan under para-
8
graph (1) shall include the following:
9
(A) An identification of any recommenda-
10
tion described in such paragraph that the Sec-
11
retary concerned does not intend to implement.
12
(B) A discussion of the reasons not to im-
13
plement each such recommendation.
14
(C) A description of alternative actions
15
taken or intended to be taken to address the
16
matters identified by the Comptroller General.
17
(b) IMPLEMENTATION REPORT.—Not later than one
18
year after submission by the Secretary concerned of the
19
plan under subsection (a), the Secretary concerned shall
20
carry out activities to implement the plan and provide a
21
report to the congressional defense committees and the
22
Comptroller General of the United States on the following:
23
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(1) The specific maintenance and repair objec-
1
tives developed for exercises and wargames in the
2
Indo-Pacific region.
3
(2) Guidance on incorporating fuel storage and
4
delivery missions into live exercises.
5
(3) With respect to the Army and the Marine
6
Corps, the specific sustainment and transportation
7
objectives in exercises for multi-domain units of the
8
Army and the Marine Corps in the Indo-Pacific re-
9
gion.
10
(4) With respect to the Army and the Air
11
Force, the specific realistic and accurate assess-
12
ments conducted to evaluate the ability of relevant
13
reserve component units of the Army and the Air
14
Force to build the required readiness to meet contin-
15
gency response missions.
16
(c) SECRETARY CONCERNED DEFINED.—In this sec-
17
tion, the term ‘‘Secretary concerned’’ means—
18
(1) the Secretary of Defense, with respect to
19
actions taken by the United States Indo-Pacific
20
Command;
21
(2) the Secretary of the Army, with respect to
22
actions taken by the Army;
23
(3) the Secretary of the Air Force, with respect
24
to actions taken by the Air Force; and
25
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(4) the Secretary of the Navy, with respect to
1
actions taken by the Navy and the Marine Corps.
2
SEC. 322. INTEGRATION OF UNMANNED SYSTEMS INTO THE
3
INSTALLATION
PHYSICAL
SECURITY
PRO-
4
GRAM.
5
(a) IN GENERAL.—The Secretary of the Army, in co-
6
ordination with the heads of relevant organizations of the
7
Department of Defense, shall develop a plan for inte-
8
grating unmanned aerial systems into the Installation
9
Physical Security Program to expand physical security
10
monitoring capabilities for installations and facilities of
11
the Department of the Army within the United States.
12
(b) ELEMENTS.—The plan required by subsection (a)
13
shall include the following:
14
(1) A proposal for the development and imple-
15
mentation of a cost-effective, scalable solution to
16
physical security of installations of the Department
17
of the Army that employs unmanned aerial systems
18
to identify and monitor potential threats to such in-
19
stallations.
20
(2) An identification of one installation to po-
21
tentially host the initial development of the integra-
22
tion required under such subsection and two loca-
23
tions for additional activities related to such integra-
24
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tion, including the criteria used to determine pro-
1
posed locations, which shall—
2
(A) serve as potential demonstration loca-
3
tions for installation defense architecture that
4
utilizes autonomous threat detection and small
5
unmanned aerial system deployment for pur-
6
poses of persistent surveillance; and
7
(B) be chosen based on geographical diver-
8
sity and the strategic importance of such instal-
9
lation and locations to the overall security infra-
10
structure of the Army.
11
(3) A comprehensive breakdown of the full costs
12
of the integration required under such subsection,
13
including—
14
(A) initial capital expenditure for system
15
implementation;
16
(B) the cost of deploying unmanned aerial
17
systems, sensors, and other related infrastruc-
18
ture at all organic industrial base sites operated
19
by the Department of the Army in the United
20
States;
21
(C) estimated operation and maintenance
22
costs;
23
(D) a detailed funding schedule with ex-
24
penditures projected across the period covered
25
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by the most recent future-years defense pro-
1
gram submitted to Congress under section 221
2
of title 10, United States Code (as of the date
3
of the plan); and
4
(E) identification of potential cost-saving
5
opportunities from the proliferation of small un-
6
manned aerial systems and other sensors for in-
7
stallation security purposes across the installa-
8
tion footprint of the Army.
9
(4) An assessment of the viability of funding
10
and sustaining the integration required under such
11
subsection across the period covered by the most re-
12
cent future-years defense program submitted to Con-
13
gress under section 221 of title 10, United States
14
Code (as of the date of the plan), considering—
15
(A) the financial impact relative to existing
16
security infrastructure budgets of the Army, in-
17
cluding potential impact on force structure or
18
equipment procurement costs;
19
(B) the cost-benefit analysis of upgrading
20
existing systems versus implementing new tech-
21
nologies at each selected location; and
22
(C) identification of technological or policy
23
challenges or barriers to implementing small
24
unmanned aerial system-based persistent moni-
25
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toring solutions across the footprint of the
1
Army in the United States.
2
(5) A list of any additional authorities, appro-
3
priations, or other resources necessary to ensure the
4
success of the integration required under such sub-
5
section.
6
(c) SUBMITTAL TO CONGRESS.—Not later than Sep-
7
tember 1, 2027, the Secretary of the Army shall submit
8
to the Committees on Armed Services of the Senate and
9
the House of Representatives a completed version of the
10
plan developed under subsection (a).
11
SEC. 323. GUIDANCE REGARDING GOVERNANCE STRUC-
12
TURE OF ORGANIC INDUSTRIAL BASE OF THE
13
ARMY.
14
(a) IN GENERAL.—Not later than 180 days after the
15
date of the enactment of this Act, the Secretary of the
16
Army shall establish and publish guidance regarding up-
17
dated governance of the organic industrial base of the
18
Army.
19
(b) ELEMENTS
OF GUIDANCE.—The guidance re-
20
quired under subsection (a) shall do the following:
21
(1) Clearly delineate how decisions regarding
22
resourcing and site operations that are currently
23
overseen by the United States Army Materiel Com-
24
mand and workload and acquisition requirements
25
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that are currently overseen by the Assistant Sec-
1
retary of the Army for Acquisition, Logistics, and
2
Technology will be reconciled to ensure the efficient
3
functioning of the organic industrial base of the
4
Army.
5
(2) Clearly delineate the relationship of the or-
6
ganic industrial base of the Army with the Army
7
Sustainment Command and the Joint Energetics
8
Transition Office.
9
(3) Establish, maintain, and disseminate, not
10
less frequently than annually, to all leadership re-
11
sponsible for sites of the organic industrial base of
12
the Army a comprehensive plan for the type and
13
quantity of production and repair activities that will
14
occur at each site, which shall—
15
(A) account for the current and projected
16
needs of the Army, other military departments,
17
and foreign partners;
18
(B) be coordinated with other production
19
and repair activities across the Department of
20
Defense;
21
(C) fulfill the requirements of section 351
22
of the National Defense Authorization Act for
23
Fiscal Year 2026 (Public Law 119–60); and
24
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(D) cover not less than the next three
1
years of production or repair activities.
2
(4) Establish an updated resourcing model for
3
the organic industrial base of the Army that—
4
(A) is focused on reducing the production
5
costs at each site of the organic industrial base
6
of the Army to ensure such costs are competi-
7
tive with other similar facilities;
8
(B) describes any modifications to the
9
Army Working Capital Fund resulting from
10
such model; and
11
(C) describes any use of direct appropria-
12
tions to fund overhead or other costs resulting
13
from such model.
14
(5) Oversee and implement ongoing moderniza-
15
tion efforts of the Army, including by establishing,
16
maintaining, and disseminating a comprehensive
17
plan that—
18
(A) accounts for modernization needs
19
across all sites of the organic industrial base of
20
the Army;
21
(B) includes the criteria used to allocate
22
modernization funds across those sites; and
23
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(C) shall be submitted to the congressional
1
defense committees not less frequently than an-
2
nually.
3
(6) Not later than 30 days after any decision
4
that will decrease the workload of a site of the or-
5
ganic industrial base of the Army by 10 percent or
6
more, notify the congressional defense committees of
7
such decision, which shall include an explanation for
8
the decrease and a plan to shift other work required
9
by the Army to the site in order to maintain work-
10
force capability.
11
(c) ORGANIC INDUSTRIAL BASE OF THE ARMY DE-
12
FINED.—In this section, the term ‘‘organic industrial base
13
of the Army’’ means the arsenals, ammunition plants, ac-
14
tivities, and depots of the Army.
15
SEC. 324. EXTENSION OF DEADLINE FOR DESIGNATION OF
16
ROLES AND RESPONSIBILITIES RELATING TO
17
SUSTAINMENT AND READINESS OF CERTAIN
18
NAVAL SURFACE VESSELS.
19
Section 8698(a)(1) of title 10, United States Code,
20
is amended, in the matter preceding subparagraph (A),
21
by striking ‘‘the date that is one year after the date of
22
the enactment of this section’’ and inserting ‘‘January 31,
23
2028’’.
24
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SEC. 325. ACQUISITION AND SUSTAINMENT STRATEGY FOR
1
SPARE PARTS FOR LOW MISSION CAPABLE
2
AIRCRAFT.
3
(a) IN GENERAL.—The Secretary of Defense shall es-
4
tablish an acquisition and sustainment strategy for air-
5
craft spare parts, applicable to any covered aircraft plat-
6
form, to maximize competition and expand the defense in-
7
dustrial base supply chain for sustainment.
8
(b) DIMINISHING MANUFACTURING SOURCES.—In
9
carrying out the strategy established under subsection (a),
10
the Secretary of Defense shall—
11
(1) identify spare parts of any covered aircraft
12
platform that is subject to diminishing manufac-
13
turing sources or material shortages;
14
(2) prioritize such parts for competitive
15
resourcing; and
16
(3) incorporate lifecycle obsolescence planning
17
into sustainment strategies for all covered aircraft
18
platforms.
19
(c) PROCUREMENT.—In carrying out the strategy es-
20
tablished under subsection (a), the Secretary shall com-
21
petitively source spare parts identified under subsection
22
(b) by enabling the use of—
23
(1) reverse engineering;
24
(2) advanced manufacturing;
25
(3) additive manufacturing; and
26
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(4) digital engineering and technical data pack-
1
age development.
2
(d) REPORT.—Not later than one year after the date
3
of the enactment of this Act, and annually thereafter for
4
three years, the Secretary of Defense shall submit to the
5
congressional defense committees a report that includes—
6
(1) a list of covered aircraft platforms;
7
(2) mission capable rates for each such plat-
8
form;
9
(3) actions taken to expand competition and
10
qualify additional vendors;
11
(4) contract obligations awarded to small busi-
12
ness concerns pursuant to this section; and
13
(5) measurable changes in aircraft availability
14
attributable to actions under this section.
15
(e) COVERED AIRCRAFT PLATFORM DEFINED.—In
16
this section, the term ‘‘covered aircraft platform’’ means
17
any fixed-wing or rotary-wing aircraft operated by the De-
18
partment of Defense with—
19
(1) a fleet-wide full mission capable rate of 50
20
percent or less during the preceding fiscal year; or
21
(2) a critical mission capable rate of 40 percent
22
or less for primary mission aircraft inventory, as de-
23
termined by the Secretary concerned.
24
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SEC. 326. HELICOPTER SUPPORT FOR KWAJALEIN ATOLL
1
AND RONALD REAGAN SPACE AND MISSILE
2
TEST RANGE, MARSHALL ISLANDS.
3
(a) PROVISION OF ROTARY WING ASSETS.—Not later
4
than 90 days after the date of the enactment of this Act,
5
the Secretary of the Army shall ensure that a sufficient
6
quantity of rotary wing assets, including air and mainte-
7
nance crews, spares and support equipment, and any other
8
mission critical personnel or material, necessary to sup-
9
port all planned test events, installation maintenance re-
10
quirements, and personnel movement or evacuation con-
11
tingencies are located on Kwajalein Atoll and available for
12
mission support and tasking by the Army at Kwajalein
13
Atoll and the Ronald Reagan Space and Missile Test
14
Range, Marshall Islands.
15
(b) REQUIREMENT FULFILLMENT OPTIONS.—To im-
16
plement the requirements under subsection (a), the Sec-
17
retary of the Army may—
18
(1) consistent with section 2571 of title 10,
19
United States Code, coordinate with the Secretary of
20
the Air Force to obtain excess UH–1N Huey light-
21
lift utility helicopters and any associated spares and
22
equipment from Air Force Global Strike Command
23
as the Air Force divests those aircraft in support of
24
its transition to the MH–139 Grey Wolf;
25
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(2) obtain new or excess UH–72 Lakota light
1
utility helicopters and any associated spares and
2
equipment from the Army Aviation Center of Excel-
3
lence as the Army transitions those aircraft in from
4
the training fleet; or
5
(3) obtain rotary wing assets for the purposes
6
described in subsection (a) via other means, if—
7
(A) such assets fulfill the capability and
8
timeline availability requirements described in
9
such subsection; and
10
(B) the Secretary of the Army provides a
11
written certification to the congressional de-
12
fense committees not later than 30 days prior
13
to the end of the 90-day period specified in
14
such subsection of the intent of the Secretary to
15
pursue such other means and that such means
16
will fulfill the requirements of such subsection.
17
(c) LONG TERM CAPABILITY SUSTAINMENT PLAN.—
18
(1) IN
GENERAL.—Not later than 180 days
19
after the date of the enactment of this Act, the Sec-
20
retary of the Army shall submit to the congressional
21
defense committees a plan outlining the enduring
22
approach of the Army to providing rotary wing as-
23
sets for mission support and tasking by the Army at
24
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Kwajalein Atoll and the Ronald Reagan Space and
1
Missile Test Range, Marshall Islands.
2
(2) ELEMENTS.—The plan required under
3
paragraph (1) shall include, at a minimum, the fol-
4
lowing:
5
(A) An identification of the rotary wing as-
6
sets to be made available over the next 5, 10,
7
and 15 years.
8
(B) An initial acquisition strategy for any
9
assets not already in the inventory of the Army,
10
as applicable.
11
(C) A detailed lifecycle sustainment plan
12
for any rotary wing assets provided for mission
13
support and tasking by the Army at Kwajalein
14
Atoll and the Ronald Reagan Space and Missile
15
Test Range, Marshall Islands.
16
(D) A projection of anticipated costs over
17
the upcoming future-years defense program
18
submitted to Congress under section 221 of
19
title 10, United States Code, for providing the
20
capabilities described in subsection (a).
21
(E) Such other matters or recommenda-
22
tions as the Secretary of the Army considers
23
relevant.
24
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SEC. 327. CAPITAL EXPENDITURE WRITE-OFFS FOR DE-
1
PARTMENT OF DEFENSE DEPOTS AND ARSE-
2
NALS.
3
(a) WRITE-OFFS.—With respect to any depot or arse-
4
nal of the Department of Defense, the Secretary of De-
5
fense may write-off or eliminate any internal Department
6
accounting charges, such as remaining depreciation or in-
7
ternal debt from an account of a military department or
8
the Department associated with capital assets that do not
9
generate revenue due to mission realignments directed by
10
the Federal Government.
11
(b) RECOVERY OF REVOLVING FUND CASH OUT-
12
LAY.—Any write-off conducted under subsection (a) shall
13
be done in a manner such that any previous revolving fund
14
cash outlay is recovered.
15
(c) APPLICATION
OF AUTHORITY.—The authority
16
under subsection (a) applies only to financial balances
17
within the accounts of a military department or the De-
18
partment of Defense, not to payments owned to commer-
19
cial contractors.
20
(d) DELEGATION.—The Secretary of Defense may
21
delegate the authority under subsection (a) to the Sec-
22
retary of a military department.
23
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SEC. 328. MODIFICATION OF REQUIREMENTS RELATING TO
1
PRODUCTION IN FACTORIES OR ARSENALS
2
OWNED BY THE UNITED STATES.
3
Section 7532 of title 10, United States Code, is
4
amended—
5
(1) by striking ‘‘The Secretary’’ and inserting
6
‘‘(a) IN GENERAL.—The Secretary’’;
7
(2) in subsection (a), as designated by para-
8
graph (1), by striking ‘‘, so far as those factories or
9
arsenals can make those supplies on an economical
10
basis’’ and inserting ‘‘when it is economical to do
11
so’’; and
12
(3) by adding at the end the following:
13
‘‘(b) CERTIFICATION TO USE OTHER FACILITIES.—
14
‘‘(1) IN
GENERAL.—If the Secretary of the
15
Army chooses to make munitions or weapons sys-
16
tems outside the organic industrial base of the
17
Army, the Secretary, acting through the Assistant
18
Secretary of the Army for Acquisition, Logistics,
19
and Technology, or any successor official, shall cer-
20
tify that—
21
‘‘(A) the choice will not undermine the ca-
22
pacity of sites of the organic industrial base of
23
the Army within the continental United States
24
to produce munitions or weapons systems to
25
meet requirements of the Department of De-
26
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fense and foreign allies or partner nations of
1
the United States;
2
‘‘(B) due consideration was given to wheth-
3
er it was in the interest of ensuring adequate
4
workloads at sites of the organic industrial base
5
of the Army to establish the capability to
6
produce the munition or weapons system at
7
such a site;
8
‘‘(C) preference was given to a production
9
facility within the continental United States;
10
and
11
‘‘(D) a site in the organic industrial base
12
of the Army was not deemed ineligible for pro-
13
duction solely because the munition or weapons
14
systems is not currently being made at the site
15
and consideration was given to the feasibility of
16
increasing capability at such a site to allow it
17
to meet the production need.
18
‘‘(2) EXPLANATION.—If the Secretary of the
19
Army cannot make the certification required under
20
paragraph (1) with respect to a choice described in
21
that paragraph, not later than 30 days before such
22
choice is finalized, the Secretary of the Army shall
23
submit to the Secretary of Defense and the congres-
24
sional defense committees an explanation for why
25
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such choice is in the interest of the national security
1
of the United States.
2
‘‘(c) DEFINITIONS.—In this section:
3
‘‘(1) The term ‘economical’ means providing a
4
cost comparable to that of other viable production
5
options while also—
6
‘‘(A) efficiently and quickly meeting the
7
needs of the Army and the Department of De-
8
fense; and
9
‘‘(B) addressing the needs of the Army to
10
effectively and efficiently balance workload
11
across the organic industrial base of the Army
12
to maintain the health of the organic industrial
13
base.
14
‘‘(2) The term ‘organic industrial base of the
15
Army’ means any operational arsenal, ammunition
16
plant, activity, or depot of the Army.’’.
17
Subtitle D—Reports
18
SEC. 341. REPORT ON STRATEGY TO MAINTAIN AND UP-
19
GRADE CONVENTIONAL MUNITIONS STOR-
20
AGE FACILITIES.
21
(a) REPORT REQUIRED.—Not later than 180 days
22
after the date of the enactment of this Act, the Secretary
23
of the Army shall submit to the congressional defense com-
24
mittees a report on the strategy of the Department of De-
25
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fense to maintain and upgrade conventional munitions
1
storage facilities (both in the continental United States
2
and outside the continental United States) in order to en-
3
sure the safe, effective, and long-term storage of current
4
and future conventional munitions inventories.
5
(b) ELEMENTS.—The report required by subsection
6
(a) shall include the following:
7
(1) A comprehensive description of the current
8
strategy and practices of the United States Army
9
Materiel Command for maintaining, repairing, and
10
upgrading conventional munitions storage facilities,
11
including any ongoing or planned investments in in-
12
frastructure modernization.
13
(2) A detailed assessment of the current condi-
14
tion of all conventional munitions storage facilities,
15
including—
16
(A) the percentage or proportion of facili-
17
ties at each installation of the Department of
18
Defense that meet applicable standards of the
19
Department of Defense, the Department of the
20
Army, and industry for conventional munitions
21
storage;
22
(B) the percentage or proportion of storage
23
capacity currently housing obsolete, outdated,
24
or operationally irrelevant munitions; and
25
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(C) an identification of the funds necessary
1
to invest in sustained conventional munitions
2
readiness.
3
(3) An evaluation of the sufficiency of climate-
4
controlled storage facilities to support the full execu-
5
tion of conventional munitions acquisition, storage,
6
and prepositioning plans, including the ability to
7
preposition stocks at installations outside the conti-
8
nental United States in support of requirements of
9
the commanders of the combatant commands, in-
10
cluding by specifically addressing projected shortfalls
11
(by location and capacity) and any associated risks
12
to conventional munitions readiness.
13
(4) A strategy for coordinating conventional
14
munitions storage requirements and facility mod-
15
ernization priorities across the Department of De-
16
fense, including mechanisms to align storage needs
17
with service-specific and theater-specific operational
18
plans.
19
(5) A detailed plan to ensure that adequate
20
storage facilities are available under conventional
21
munitions procurement planned under the Munitions
22
Acceleration Council of the Department of Defense
23
in conditions that preserve the effectiveness of such
24
munitions.
25
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(c) FORM OF REPORT.—The report required by sub-
1
section (a) shall be submitted in unclassified form, but
2
may include a classified annex if necessary to protect sen-
3
sitive operational or force-protection information.
4
SEC. 342. RISK ASSESSMENT OF AIR TRAFFIC CONTROL
5
SYSTEMS OF DEPARTMENT OF DEFENSE.
6
(a) IN GENERAL.—The Secretary of Defense shall
7
conduct a risk assessment to evaluate the air traffic con-
8
trol systems owned and operated by any entity of the De-
9
partment of Defense and operated within the airspace of
10
the United States and develop a modernization plan to up-
11
date those systems.
12
(b) ELEMENTS.—The assessment required by sub-
13
section (a) shall be comprehensive across all branches of
14
the Armed Forces and shall—
15
(1) review the air traffic control systems as-
16
sessed by the Department in the report dated De-
17
cember 2018 and entitled, ‘‘Report to Congress on
18
Air Traffic Control Facilities’’ and assess any new
19
systems implemented after the date of such report;
20
(2) assess the status, as of the date of the as-
21
sessment under subsection (a), of the functionality
22
for the air traffic control systems specified in para-
23
graph (1), including—
24
(A) an assessment of facility condition;
25
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(B) an assessment of technology and
1
equipment condition;
2
(C) an identification of deficiencies in con-
3
ditions assessed under subparagraphs (A) and
4
(B);
5
(D) the cost of addressing such defi-
6
ciencies; and
7
(E) a timeline for addressing such defi-
8
ciencies;
9
(3) identify the ongoing investments by the De-
10
partment to modernize air traffic control systems;
11
(4) assess the progress made in implementing
12
modernization investments to such systems, includ-
13
ing—
14
(A) barriers or challenges to such imple-
15
mentation;
16
(B) existing mitigation strategies; and
17
(C) recommendations for authorities, re-
18
sources, or policy changes; and
19
(5) assess system compatibility and moderniza-
20
tion alignment with efforts by the Department of
21
Transportation and the Federal Aviation Adminis-
22
tration to modernize the air traffic control system of
23
the United States through the ‘‘Brand New Air
24
Traffic Control System’’.
25
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(c) SUBMITTAL OF ASSESSMENT AND PLAN.—Not
1
later than 180 days after the date of the enactment of
2
this Act, the Secretary shall submit to the congressional
3
defense committees the assessment and plan required
4
under subsection (a).
5
(d) ANNUAL REPORT.—Not later than one year after
6
the date of the enactment of this Act, and annually there-
7
after, the Secretary shall submit to the congressional de-
8
fense committees a report detailing the status of modern-
9
izing the air traffic control systems used by the Depart-
10
ment.
11
Subtitle E—Other Matters
12
SEC. 351. MODIFICATION OF DEPOTS FOR WHICH MINIMUM
13
CAPITAL INVESTMENT IS REQUIRED.
14
Section 2476(f)(1) of title 10, United States Code,
15
is amended by adding at the end the following:
16
‘‘(J) Blue Grass Army Depot, Kentucky.
17
‘‘(K) Sierra Army Depot, California.
18
‘‘(L) Hawthorne Army Depot, Nevada.’’.
19
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SEC. 352. IMPLEMENTATION OF DEPARTMENT OF DEFENSE
1
INSPECTOR GENERAL RECOMMENDATIONS
2
RELATING TO EVALUATION OF MANAGEMENT
3
OF
CANINE
WELFARE
UNDER
MILITARY
4
WORKING DOG PROGRAM.
5
(a) IN GENERAL.—Not later than one year after the
6
date of the enactment of this Act, and except as provided
7
in subsection (b), the Secretary of the Air Force shall im-
8
plement each recommendation of the Inspector General of
9
the Department of Defense contained in the report dated
10
February 17, 2026, and entitled, ‘‘Evaluation of the DoD
11
Military Working Dog Program’s Management of Canine
12
Welfare’’ (DODIG–2026–057).
13
(b) NON-IMPLEMENTATION REPORTING REQUIRE-
14
MENT.—If the Secretary of the Air Force elects to not
15
implement a recommendation specified under subsection
16
(a), the Secretary shall, not later than one year after the
17
date of the enactment of this Act, submit to the Commit-
18
tees on Armed Services of the Senate and the House of
19
Representatives a report that includes a justification for
20
such election.
21
SEC. 353. PROHIBITION ON OPERATION OF CONNECTED VE-
22
HICLES OF CONCERN ON MILITARY INSTAL-
23
LATIONS AND OTHER PROPERTY OF THE DE-
24
PARTMENT OF DEFENSE.
25
(a) PROHIBITION PHASE I.—
26
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(1) IN GENERAL.—After July 1, 2027, no con-
1
nected vehicle designated under paragraph (2) may
2
be operated on a military installation or on any
3
other property of the Department of Defense.
4
(2) DESIGNATED VEHICLES.—A connected vehi-
5
cle is designated under this paragraph if it is prohib-
6
ited under part 791 of title 15, Code of Federal
7
Regulations (or successor regulations).
8
(b) PROHIBITION PHASE II.—
9
(1) IN GENERAL.—After January 1, 2029, no
10
connected vehicle designated under paragraph (2)
11
may be operated on a military installation or on any
12
other property of the Department of Defense.
13
(2) DESIGNATED VEHICLES.—A connected vehi-
14
cle is designated under this paragraph if it is—
15
(A) designated under subsection (a)(2);
16
and
17
(B) determined by the Secretary of De-
18
fense, pursuant to the process established in the
19
implementation plan under subsection (c)—
20
(i) to be designed, developed, manu-
21
factured, or supplied by a person or per-
22
sons owned by, controlled by, or subject to
23
the jurisdiction or direction of a foreign
24
entity of concern; and
25
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(ii) to pose—
1
(I) an undue risk of sabotage to
2
or subversion of the information and
3
communications technology and serv-
4
ices of a military installation;
5
(II) an undue risk of catastrophic
6
effects on the security or resiliency of
7
defense critical infrastructure; or
8
(III) an unacceptable risk to the
9
national security of the United States
10
or the security and safety of United
11
States persons.
12
(3) PUBLICATION OF LIST.—
13
(A) IN
GENERAL.—The Secretary shall
14
publish and maintain on a publicly available
15
website of the Department a list of connected
16
vehicles designated under paragraph (2).
17
(B) ANNUAL REVIEW.—Not less frequently
18
than annually, the Secretary shall review the
19
list required under subparagraph (A) and shall
20
make such additions, subtractions, supplements,
21
or amendments to the list as the Secretary de-
22
termines appropriate.
23
(C) EXPLANATION
OF
REMOVALS.—Any
24
review under subparagraph (B) that removes a
25
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vehicle from the list under subparagraph (A)
1
shall include a written explanation of the basis
2
for such removal.
3
(c) IMPLEMENTATION PLAN.—
4
(1) IN
GENERAL.—Not later than April 1,
5
2027, the Secretary of Defense shall submit to the
6
congressional defense committees an implementation
7
plan for carrying out the prohibitions under sub-
8
sections (a) and (b).
9
(2)
ELEMENTS.—The
implementation
plan
10
under paragraph (1) shall include—
11
(A) identification of the lead office within
12
the Department of Defense responsible for im-
13
plementing and overseeing this section, and an
14
assessment of personnel and funding required
15
to sustain that office to meet the requirements
16
of annual reviews conducted under subsection
17
(e);
18
(B) a verification mechanism through
19
which military installations will identify con-
20
nected vehicles designated under subsection
21
(a)(2) or (b)(2) that are seeking access to the
22
installation, including an evaluation of vehicle
23
registration database and point-of-entry screen-
24
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ing, as well as consultation with State motor ve-
1
hicle authorities;
2
(C) the analytical process and criteria
3
through which the lead office will designate con-
4
nected vehicles under subsection (b)(2), includ-
5
ing methodology for assessing ownership and
6
supply chain relationships to foreign entities of
7
concern and the risk factors under subpara-
8
graph (B)(ii) of such subsection, incorporating
9
existing Federal rules and interagency coordina-
10
tion; and
11
(D) an assessment of the impact on indi-
12
viduals with authorized access to military in-
13
stallations, including military retirees, military
14
families, and civilian employees, and measures
15
to balance security requirements with mini-
16
mizing the burden on such individuals and
17
minimizing the impact to readiness of the
18
Armed Forces.
19
(d) NOTICE.—
20
(1) IN
GENERAL.—The Secretary of Defense
21
shall provide not less than 180 days notice before a
22
prohibition under subsection (a) or (b) takes effect
23
with respect to any newly designated vehicle under
24
such subsection, during which period individuals
25
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with authorized access to a military installation who
1
own or operate such a vehicle may continue to access
2
the installation.
3
(2) FORM.—The Secretary shall provide notice
4
under paragraph (1) by publication on a publicly
5
available website of the Department of Defense and
6
by such other means as the Secretary determines ap-
7
propriate to reach affected individuals.
8
(e) CERTIFICATION.—The prohibitions under sub-
9
sections (a) and (b) shall take effect only upon the submis-
10
sion by the Secretary of Defense of a certification to the
11
congressional defense committees that the Department of
12
Defense has—
13
(1) the resources, personnel, and screening
14
mechanisms in place to enforce the prohibition at
15
military installations; and
16
(2) in the case of a prohibition under subsection
17
(b), the resources, personnel, and analytical capacity
18
in place to conduct the designation review process
19
under paragraph (3)(B) of such subsection on an
20
ongoing basis.
21
(f) NOTIFICATION IF UNABLE TO CERTIFY.—
22
(1) IN GENERAL.—If the Secretary of Defense
23
is unable to make a certification under subsection
24
(e) with respect to a prohibition under subsection (a)
25
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or (b), the Secretary shall submit to the Committees
1
on Armed Services of the Senate and the House of
2
Representatives a notification of that fact, includ-
3
ing—
4
(A) an explanation of why the Secretary is
5
not ready to implement the relevant prohibition;
6
(B) an identification of the steps the Sec-
7
retary has taken to prepare for implementation
8
of such prohibition;
9
(C) an identification of the additional steps
10
that remain before the Secretary is ready to im-
11
plement such prohibition; and
12
(D) a timeline for each step to be carried
13
out under subparagraph (C).
14
(2) TIMING.—The Secretary shall submit the
15
notifications required under paragraph (1)—
16
(A) with respect to the prohibition under
17
subsection (a), not later than July 1, 2027, and
18
not less frequently than every 180 days there-
19
after; and
20
(B) with respect to the prohibition under
21
subsection (b), not later than January 1, 2029,
22
and not less frequently than every 180 days
23
thereafter.
24
(g) WAIVER.—
25
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(1) IN
GENERAL.—The Secretary of Defense
1
may waive a prohibition under subsection (a) or (b)
2
with respect to a military installation, category of in-
3
stallations, or class of connected vehicles upon a de-
4
termination that operational requirements or na-
5
tional security considerations warrant such waiver,
6
and may delegate such waiver authority to such offi-
7
cials or commanders as the Secretary considers ap-
8
propriate.
9
(2) NOTIFICATION.—The Secretary shall notify
10
the Committees on Armed Services of the Senate
11
and the House of Representatives of any waiver
12
issued under paragraph (1) not later than 30 days
13
after issuance of the waiver, including a rationale for
14
the waiver.
15
(h) DEFINITIONS.—In this section:
16
(1) CONNECTED
VEHICLE.—The term ‘‘con-
17
nected vehicle’’ has the meaning given that term in
18
section 791.301 of title 15, Code of Federal Regula-
19
tions, or successor regulations.
20
(2) DEFENSE
CRITICAL
INFRASTRUCTURE.—
21
The term ‘‘defense critical infrastructure’’ has the
22
meaning given the term ‘‘critical infrastructure of
23
the Department of Defense’’ in section 1650(e) of
24
the National Defense Authorization Act for Fiscal
25
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Year 2017 (Public Law 114–328; 10 U.S.C. 2224
1
note).
2
(3) FOREIGN ENTITY OF CONCERN.—The term
3
‘‘foreign entity of concern’’ has the meaning given
4
that term in section 9901 of the William M. (Mac)
5
Thornberry National Defense Authorization Act for
6
Fiscal Year 2021 (15 U.S.C. 4651).
7
(4) MILITARY INSTALLATION.—The term ‘‘mili-
8
tary installation’’ has the meaning given that term
9
in section 2801(c) of title 10, United States Code.
10
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR
11
TRAVEL EXPENSES OF THE OFFICE OF THE
12
SECRETARY OF DEFENSE.
13
(a) IN GENERAL.—Of the funds authorized to be ap-
14
propriated by this Act or otherwise made available for fis-
15
cal year 2027 for operation and maintenance, defense-
16
wide, and available for the Office of the Secretary of De-
17
fense for travel expenses, not more than 25 percent may
18
be obligated or expended until the Secretary of Defense
19
carries out the following:
20
(1) Complies with the requirements of section
21
1067 of the Servicemember Quality of Life Improve-
22
ment and National Defense Authorization Act for
23
Fiscal Year 2025 (Public Law 118–159; 138 Stat.
24
2071).
25
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(2) Submits to the congressional defense com-
1
mittees the procedures for notifications relating to
2
Department of Defense sensitive activities required
3
by section 130g of title 10, United States Code.
4
(3) Submits to the congressional defense com-
5
mittees, the Select Committee on Intelligence of the
6
Senate, and the Permanent Select Committee on In-
7
telligence of the House of Representatives a certifi-
8
cation that the requirements of section 430e of title
9
10, United States Code, have been implemented.
10
(4) Submits to the Committees on Armed Serv-
11
ices of the Senate and the House of Representatives
12
the unredacted investigation, including relevant sup-
13
porting documents, directed by the Commander of
14
the United States Special Operations Command on
15
January 20, 2026.
16
(5) Submits to the Committees on Armed Serv-
17
ices of the Senate and the House of Representatives
18
unredacted civilian harm investigations, including all
19
relevant supporting documents, for the strikes on
20
the Ras Isa Port in Yemen on April 17, 2025, the
21
Ayn Wadi Barracks Warehouses in Yemen on April
22
28, 2025, a residence in Yemen on April 6, 2025,
23
and the Minab girls school in Iran on February 28,
24
2026.
25
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(6) Submits to the Committees on Armed Serv-
1
ices of the Senate and the House of Representatives
2
the report relating to allied and partner support to
3
Ukraine required by section 1243 of the National
4
Defense Authorization Act for Fiscal Year 2024
5
(Public Law 118–31; 137 Stat. 460), as amended by
6
section 1245 of the National Defense Authorization
7
Act for Fiscal Year 2026 (Public Law 119–60; 139
8
Stat. 1104).
9
(7) Provides to the Committees on Armed Serv-
10
ices of the Senate and the House of Representatives
11
unedited video of strikes conducted against des-
12
ignated terrorist organizations in the area of respon-
13
sibility of the United States Southern Command.
14
(b) REPORTS REQUIRED.—
15
(1) IN GENERAL.—Not later than 30 days after
16
the date of the enactment of this Act, and every 30
17
days thereafter until the Secretary submits the mat-
18
ters specified in subsection (a), the Under Secretary
19
of Defense (Comptroller) shall submit to the con-
20
gressional defense committees a report detailing the
21
status of funds authorized to be appropriated by this
22
Act or otherwise made available for fiscal year 2027
23
for operation and maintenance, defense-wide, and
24
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available for the Office of the Secretary of Defense
1
for travel expenses.
2
(2) ELEMENTS.—At a minimum, each report
3
required by paragraph (1) shall specify the amounts
4
available, obligated, and expended for travel ex-
5
penses.
6
SEC. 355. LIMITATION ON USE OF TRAVEL FUNDS FOR SEC-
7
RETARY OF THE AIR FORCE UNTIL BRIEFING
8
ON WEST LAB PROJECT AT LINCOLN LABORA-
9
TORY.
10
Of the amounts authorized to be appropriated by this
11
Act or otherwise made available for fiscal year 2027 for
12
operation and maintenance, Air Force, and available for
13
travel expenses for the Office of the Secretary of the Air
14
Force, not more than 85 percent may be obligated or ex-
15
pended until the date on which the Secretary of the Air
16
Force provides to the Committees on Armed Services of
17
the Senate and the House of Representatives an unclassi-
18
fied briefing on—
19
(1) the status of the West Lab Project at the
20
Lincoln Laboratory of the Massachusetts Institute
21
of Technology, including planning and construction
22
timelines and milestones as of the date of the brief-
23
ing;
24
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(2) the resources needed to complete the West
1
Lab Project, disaggregated by phase of construction
2
and fiscal year when funds are needed;
3
(3) with respect to delays of the West Lab
4
Project—
5
(A) the causes of any such delay;
6
(B) the impact of any additional delays on
7
the cost and schedule of construction of such
8
project; and
9
(C) the impact of delays on the activities
10
and projects funded by the Department of De-
11
fense at the Lincoln Laboratory; and
12
(4) the plan of the Secretary of the Air Force
13
to award a construction contract for the rest of the
14
West Lab Project by not later than June 2027, with
15
construction to be completed by June 2029.
16
SEC. 356. NAMING OF CERTAIN ASSETS OF THE DEPART-
17
MENT OF DEFENSE IN THE COMMONWEALTH
18
OF VIRGINIA.
19
(a) NAMING
OF ASSETS
IN VIRGINIA.—Not later
20
than 30 days after the date of the enactment of this Act
21
the Secretary of Defense shall implement the naming rec-
22
ommendations for assets of the Department of Defense
23
in the Commonwealth of Virginia that were adopted by
24
the Commission.
25
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(b) PROHIBITION RELATING TO OVERRIDING REC-
1
OMMENDATIONS.—The Secretary of Defense may not
2
change the name of an asset described in subsection (a)
3
to any name other than the name required under such
4
subsection.
5
(c) COMMISSION DEFINED.—In this section, the term
6
‘‘Commission’’ means the commission established under
7
section 370(b) of the William M. (Mac) Thornberry Na-
8
tional Defense Authorization Act for Fiscal Year 2021
9
(Public Law 116–283; 10 U.S.C. 113 note).
10
SEC. 357. ADMINISTRATIVE REQUIREMENTS FOR MILITARY
11
AVIATION AND INSTALLATION ASSURANCE
12
CLEARINGHOUSE.
13
(a) IN GENERAL.—Section 183a of title 10, United
14
States Code, is amended—
15
(1) by redesignating subsection (h) as sub-
16
section (i); and
17
(2) by inserting after subsection (g) the fol-
18
lowing:
19
‘‘(h) TIMELINES.—(1) For any project for which the
20
Secretary of Defense determines, based on the preliminary
21
review conducted under subsection (c), that the proposed
22
action may have an adverse impact on operations and
23
readiness of the armed forces, the Secretary shall complete
24
the review under subsection (d), conduct any mitigation
25
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discussions the Secretary determines appropriate, and
1
issue a final determination consistent with subsections (c)
2
and (e), including whether the proposed project would re-
3
sult in an unacceptable risk to the national security of the
4
United States, not later than 180 days after the date on
5
which the Clearinghouse receives the relevant notice, fil-
6
ing, or request for review, unless the applicant agrees in
7
writing to an extension.
8
‘‘(2) For any project for which the Secretary of De-
9
fense determines, based on the preliminary review con-
10
ducted under subsection (c), that the proposed action does
11
not have an adverse impact on operations and readiness
12
of the armed forces, the Secretary shall issue a final deter-
13
mination consistent with subsections (c) and (e), including
14
whether the proposed project would result in an unaccept-
15
able risk to the national security of the United States, not
16
later than five days after completion of the preliminary
17
review.
18
‘‘(3) The Secretary may not extend, restart, or other-
19
wise delay a deadline established under this subsection
20
based on requests for additional information, recharacter-
21
ization of previously identified issues, ongoing mitigation
22
discussions, or the absence of an executed mitigation
23
agreement.
24
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‘‘(4) For purposes of this subsection, a notice, filing,
1
or request for review shall be deemed received by the
2
Clearinghouse on the earlier of—
3
‘‘(A) the date on which the Clearinghouse actu-
4
ally receives such notice, filing, or request; or
5
‘‘(B) the date that is 60 days after the appli-
6
cant provides notice to the Clearinghouse that it has
7
submitted to a Federal agency information sufficient
8
to initiate review under this section.
9
‘‘(5) Failure to meet any deadline under this sub-
10
section shall constitute an unreasonable delay.
11
‘‘(6) Nothing in this subsection shall be construed to
12
modify or alter the substantive standards or national secu-
13
rity authorities applicable under this section, but only to
14
establish procedural requirements governing the timing
15
and completion of review by the Department of Defense.’’.
16
(b) APPLICABILITY.—With respect to a project de-
17
scribed in subsection (h)(1) of section 183a of title 10,
18
United States Code, for which the relevant notice, filing,
19
or request for review was submitted before the date of the
20
enactment of this Act, the Secretary shall comply with the
21
requirements under such subsection by not later than the
22
later of—
23
(1) 180 days after the date on which the Mili-
24
tary Aviation and Installation Assurance Siting
25
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Clearinghouse received and recorded the relevant no-
1
tice, filing, or request for review; or
2
(2) 90 days after the date of the enactment of
3
this Act.
4
TITLE IV—MILITARY
5
PERSONNEL AUTHORIZATIONS
6
Subtitle A—Active Forces
7
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
8
The Armed Forces are authorized strengths for active
9
duty personnel as of September 30, 2027, as follows:
10
(1) The Army, 469,000.
11
(2) The Navy, 356,600.
12
(3) The Marine Corps, 173,700.
13
(4) The Air Force, 330,400.
14
(5) The Space Force, 13,200.
15
Subtitle B—Reserve Forces
16
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
17
(a) IN GENERAL.—The Armed Forces are authorized
18
strengths for Selected Reserve personnel of the reserve
19
components as of September 30, 2027, as follows:
20
(1) The Army National Guard of the United
21
States, 331,300.
22
(2) The Army Reserve, 172,000.
23
(3) The Navy Reserve, 56,500.
24
(4) The Marine Corps Reserve, 34,700.
25
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(5) The Air National Guard of the United
1
States, 107,400.
2
(6) The Air Force Reserve, 67,400.
3
(7) The Coast Guard Reserve, 8,500.
4
(b)
END
STRENGTH
REDUCTIONS.—The
end
5
strengths prescribed by subsection (a) for the Selected Re-
6
serve of any reserve component shall be proportionately
7
reduced by—
8
(1) the total authorized strength of units orga-
9
nized to serve as units of the Selected Reserve of
10
such component which are on active duty (other
11
than for training) at the end of the fiscal year; and
12
(2) the total number of individual members not
13
in units organized to serve as units of the Selected
14
Reserve of such component who are on active duty
15
(other than for training or for unsatisfactory partici-
16
pation in training) without their consent at the end
17
of the fiscal year.
18
(c) END STRENGTH INCREASES.—Whenever units or
19
individual members of the Selected Reserve for any reserve
20
component are released from active duty during any fiscal
21
year, the end strength prescribed for such fiscal year for
22
the Selected Reserve of such reserve component shall be
23
increased proportionately by the total authorized strengths
24
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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
(a) IN GENERAL.—Within the end strengths pre-
5
scribed in section 411(a), the reserve components of the
6
Armed Forces are authorized, as of September 30, 2027,
7
the following number of Reserves to be serving on full-
8
time active duty or full-time duty, in the case of members
9
of the National Guard, for the purpose of organizing, ad-
10
ministering, recruiting, instructing, or training the reserve
11
components:
12
(1) The Army National Guard of the United
13
States, 31,154.
14
(2) The Army Reserve, 16,511.
15
(3) The Navy Reserve, 10,649.
16
(4) The Marine Corps Reserve, 2,400.
17
(5) The Air National Guard of the United
18
States, 25,533.
19
(6) The Air Force Reserve, 6,278.
20
(b) ADHERENCE TO AGREEMENTS WITH STATES.—
21
In executing these authorizations for fiscal year 2027, the
22
Department of Defense—
23
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(1) shall adhere to any agreements made with
1
states as a result of releveling efforts or manning
2
studies; and
3
(2) may use authorized variance authority to
4
meet these requirements.
5
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
6
(DUAL STATUS).
7
(a) IN GENERAL.—The minimum number of military
8
technicians (dual status) as of the last day of fiscal year
9
2027 for the reserve components of the Army and the Air
10
Force (notwithstanding section 129 of title 10, United
11
States Code) shall be the following:
12
(1) For the Army National Guard of the United
13
States, 20,037.
14
(2) For the Army Reserve, 5,870.
15
(3) For the Air National Guard of the United
16
States, 10,824.
17
(4) For the Air Force Reserve, 6,450.
18
(b) LIMITATION ON NUMBER OF TEMPORARY MILI-
19
TARY TECHNICIANS (DUAL STATUS).—The number of
20
temporary military technicians (dual status) employed
21
under the authority of subsection (a) may not exceed 25
22
percent of the total authorized number specified in such
23
subsection.
24
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(c) LIMITATION.—Under no circumstances may a
1
military technician (dual status) employed under the au-
2
thority of this section be coerced by a State into accepting
3
an offer of realignment or conversion to any other military
4
status, including as a member of the Active, Guard, and
5
Reserve component. If a military technician (dual status)
6
declines to participate in such realignment or conversion,
7
no further action will be taken against the individual or
8
the individual’s position.
9
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
10
THORIZED TO BE ON ACTIVE DUTY FOR
11
OPERATIONAL SUPPORT.
12
During fiscal year 2027, the maximum number of
13
members of the reserve components of the Armed Forces
14
who may be serving at any time on full-time operational
15
support duty under section 115(b) of title 10, United
16
States Code, is the following:
17
(1) The Army National Guard of the United
18
States, 17,000.
19
(2) The Army Reserve, 13,000.
20
(3) The Navy Reserve, 6,200.
21
(4) The Marine Corps Reserve, 3,000.
22
(5) The Air National Guard of the United
23
States, 16,000.
24
(6) The Air Force Reserve, 14,000.
25
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Subtitle C—Authorization of
1
Appropriations
2
SEC. 421. MILITARY PERSONNEL.
3
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
4
are hereby authorized to be appropriated for fiscal year
5
2027 for the use of the Armed Forces and other activities
6
and agencies of the Department of Defense for expenses,
7
not otherwise provided for, for military personnel, as spec-
8
ified in the funding table in section 4401.
9
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
10
thorization of appropriations in the subsection (a) super-
11
sedes any other authorization of appropriations (definite
12
or indefinite) for such purpose for fiscal year 2027.
13
TITLE V—MILITARY PERSONNEL
14
POLICY
15
Subtitle A—Officer Personnel
16
Policy
17
SEC. 501. NOTIFICATION REQUIREMENTS FOR DELAYED
18
PROMOTIONS.
19
Section 624(d) of title 10, United States Code, is
20
amended—
21
(1) in paragraph (2), by adding at the end the
22
following: ‘‘In the case of an officer whose promotion
23
is delayed pursuant to this subsection, the Secretary
24
of Defense shall notify the congressional defense
25
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committees of such delay not later than 30 days
1
after the date on which the delay is imposed. Such
2
notification shall include—
3
‘‘(A) the reason for the delay, including a de-
4
scription of any adverse information or basis for
5
concern;
6
‘‘(B) the anticipated duration of the delay;
7
‘‘(C) the status of any review or investigation
8
associated with the delay; and
9
‘‘(D) such other information as the Secretary
10
considers appropriate.’’; and
11
(2) in paragraph (4)(A), by striking ‘‘, unless
12
it is impracticable to give such written notice before
13
the effective date of the appointment, in which case
14
such written notice shall be given as soon as prac-
15
ticable’’.
16
SEC. 502. TEMPORARY WITHHOLDING OF OFFICER NOMI-
17
NATIONS AND PROMOTION RECOMMENDA-
18
TIONS.
19
(a) AUTHORITY.—Under regulations prescribed by
20
the Secretary of Defense, the Secretary may temporarily
21
withhold the forwarding or processing of an officer nomi-
22
nation or promotion recommendation for not more than
23
30 days.
24
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(b) DISPOSITION.—Upon expiration of the period
1
under subsection (a), the Secretary of Defense shall—
2
(1) forward the nomination or recommendation
3
for further processing;
4
(2) take appropriate action to permanently re-
5
move the officer from consideration due to a sub-
6
stantiated finding of misconduct; or
7
(3) provide a written determination to the Sec-
8
retary concerned, including the basis for continued
9
withholding, to justify an extension under subsection
10
(c).
11
(c) EXTENSION
AND
NOTIFICATION.—Any with-
12
holding that exceeds 30 days shall be accompanied by writ-
13
ten notification to the Committee on Armed Services of
14
the Senate and the Committee on Armed Services of the
15
House of Representatives, including a detailed explanation
16
of the basis for such continued withholding.
17
(d) CONSTRUCTION.—Nothing in this section shall be
18
construed to limit the authority of the President to remove
19
an officer from a promotion list under section 629 of title
20
10, United States Code.
21
SEC. 503. ENHANCED AUTHORITY FOR EARLY DISCHARGES.
22
Section 580a(a) of title 10, United States Code, is
23
amended by striking ‘‘October 1, 2015, and ending on Oc-
24
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tober 1, 2019’’ and inserting ‘‘October 1, 2025, and end-
1
ing on October 1, 2030’’.
2
SEC. 504. OFFICER RETIREMENT DETERMINATIONS.
3
(a) CONDITIONAL RETIREMENTS PENDING INVES-
4
TIGATIONS, ADVERSE ACTIONS, AND OTHER ADMINISTRA-
5
TIVE ACTIONS.—
6
(1) ELIMINATION OF LIMITATION ON REDUC-
7
TION OR WAIVER OF REQUIREMENT FOR OFFICERS
8
UNDER
INVESTIGATION
OR
PENDING
MIS-
9
CONDUCT.—Section 1370 of title 10, United States
10
Code, is amended—
11
(A) in subsection (b)—
12
(i) by striking paragraph (4); and
13
(ii) by redesignating paragraphs (5)
14
through (7) as paragraphs (4) through (6),
15
respectively; and
16
(B) in subsection (c)(4), by striking ‘‘sub-
17
section
(b)(6)’’
and
inserting
‘‘subsection
18
(b)(5)’’.
19
(2) ADMINISTRATIVE ACTIONS.—Subsection (d)
20
of such section is amended—
21
(A) in the subsection heading, by striking
22
‘‘PENDING INVESTIGATION
OR ADVERSE AC-
23
TION’’ and inserting ‘‘PENDING
INVESTIGA-
24
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TION, ADVERSE ACTION, OR OTHER ADMINIS-
1
TRATIVE ACTION’’;
2
(B) in paragraph (1)—
3
(i) by inserting ‘‘or other administra-
4
tive action’’ after ‘‘adverse personnel ac-
5
tion’’; and
6
(ii) in subparagraph (A), by striking
7
‘‘highest permanent grade of satisfactory
8
service’’ and inserting ‘‘highest grade of
9
satisfactory service’’;
10
(C) in paragraph (2)—
11
(i) by inserting ‘‘or other administra-
12
tive action’’ after ‘‘adverse personnel ac-
13
tion’’; and
14
(ii) in subparagraph (A), by striking
15
‘‘highest permanent grade of satisfactory
16
service’’ and inserting ‘‘highest grade of
17
satisfactory service’’;
18
(D) by striking paragraph (3); and
19
(E) by redesignating paragraph (4) as
20
paragraph (3).
21
(b) LIMITATION ON DETERMINATIONS OF UNSATIS-
22
FACTORY SERVICE.—
23
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(1) REGULAR COMMISSIONED OFFICERS.—Sec-
1
tion 1370 of title 10, United States Code, is amend-
2
ed—
3
(A) by redesignating subsection (g) as sub-
4
section (h); and
5
(B) by inserting after subsection (f) the
6
following new subsection:
7
‘‘(g) LIMITATION ON DETERMINATIONS OF UNSATIS-
8
FACTORY SERVICE.—(1) The Secretary concerned, or the
9
Secretary of Defense, as the case may be, may not make
10
a determination that an officer has not performed satisfac-
11
tory service for purposes of this section unless the officer
12
is the subject of credible adverse information.
13
‘‘(2) For the purposes of this subsection, adverse in-
14
formation is any substantiated finding or conclusion from
15
an officially documented investigation or inquiry. To be
16
credible, the information must be resolved and supported
17
by a preponderance of the evidence. To be adverse, the
18
information must be derogatory, unfavorable, or of a na-
19
ture that reflects clearly unacceptable conduct, integrity,
20
or judgment on the part of the individual.’’.
21
(2) OFFICERS ENTITLED TO RETIRED PAY FOR
22
NON-REGULAR SERVICE.—Section 1370a of title 10,
23
United States Code, is amended—
24
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(A) by redesignating subsection (h) as sub-
1
section (i); and
2
(B) by inserting after subsection (g) the
3
following new subsection:
4
‘‘(h) LIMITATION ON DETERMINATIONS OF UNSATIS-
5
FACTORY SERVICE.—(1) The Secretary concerned, or the
6
Secretary of Defense, as the case may be, may not make
7
a determination that an officer has not performed satisfac-
8
tory service for purposes of this section unless the officer
9
is the subject of credible adverse information.
10
‘‘(2) For the purposes of this subsection, adverse in-
11
formation is any substantiated finding or conclusion from
12
an officially documented investigation or inquiry. To be
13
credible, the information must be resolved and supported
14
by a preponderance of the evidence. To be adverse, the
15
information must be derogatory, unfavorable, or of a na-
16
ture that reflects clearly unacceptable conduct, integrity,
17
or judgment on the part of the individual.’’.
18
(3) SELECTED RESERVE OF THE READY RE-
19
SERVE.—Section 12741 of title 10, United States
20
Code, is amended by adding at the end the following
21
new subsection:
22
‘‘(e) LIMITATION ON DETERMINATIONS OF UNSATIS-
23
FACTORY SERVICE.—(1) The Secretary concerned may
24
not make a determination that a person has not performed
25
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satisfactory service for purposes of this section unless the
1
person is the subject of credible adverse information.
2
‘‘(2) For the purposes of this subsection, adverse in-
3
formation is any substantiated finding or conclusion from
4
an officially documented investigation or inquiry. To be
5
credible, the information must be resolved and supported
6
by a preponderance of the evidence. To be adverse, the
7
information must be derogatory, unfavorable, or of a na-
8
ture that reflects clearly unacceptable conduct, integrity,
9
or judgment on the part of the individual.’’.
10
SEC. 505. RETIREMENT OF REGULAR NAVY WARRANT OFFI-
11
CERS AND MARINE CORPS MARINE GUNNER
12
WARRANT OFFICERS FOR YEARS OF SERVICE.
13
Section 1305(a) of title 10, United States Code, is
14
amended—
15
(1) in paragraph (3), by striking ‘‘33 years’’
16
and inserting ‘‘35 years’’; and
17
(2) by adding at the end the following new
18
paragraph:
19
‘‘(4) In the case of a regular Navy warrant officer
20
in the grade of chief warrant officer, W–4, or a Marine
21
Corps Marine Gunner warrant officer in such grade, the
22
officer shall be retired 60 days after the date on which
23
the officer completes 32 years of total active service.’’.
24
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SEC. 506. AUTHORITY TO IMPROVE RETENTION FOR PER-
1
MANENT
PROFESSORS
OF
THE
UNITED
2
STATES ARMY WAR COLLEGE.
3
(a) APPOINTMENT OF PROFESSORS OF THE UNITED
4
STATES ARMY WAR COLLEGE.—Section 7153(a) of title
5
10, United States Code, is amended—
6
(1) by striking ‘‘branches and as professors’’
7
and inserting ‘‘branches, as professors’’; and
8
(2) by inserting ‘‘, and professors of the United
9
States Army War College’’ before the period at the
10
end.
11
(b) APPOINTMENTS, GRADES, AND LEAVES OF AB-
12
SENCE FOR PERMANENT PROFESSORS OF THE UNITED
13
STATES ARMY WAR COLLEGE.—Chapter 723 of title 10,
14
United States Code, is amended by adding at the end the
15
following new section:
16
‘‘§ 7219. Permanent Military Professors of the United
17
States Army War College: appointments,
18
grades, and leaves of absence
19
‘‘(a) APPOINTMENTS.—The permanent military pro-
20
fessors of the United States Army War College shall be
21
appointed by the President, by and with the advice and
22
consent of the Senate.
23
‘‘(b) GRADES AND PROMOTIONS.—A permanent mili-
24
tary professor of the United States Army War College,
25
who has served as such a professor for more than six
26
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years, has the grade of colonel. However, a permanent
1
military professor appointed from the Regular Army has
2
the grade of colonel after the date when the officer com-
3
pletes six years of service as a professor, or after the date
4
on which the officer would have been promoted had the
5
officer been selected for promotion from among officers
6
in the promotion zone, whichever is earlier. All other per-
7
manent military professors have the grade of lieutenant
8
colonel.
9
‘‘(c) LEAVES OF ABSENCE.—The Commandant of the
10
United States Army War College may grant a leave of ab-
11
sence for the period of the suspension of the ordinary aca-
12
demic studies, without deduction of pay or allowances, to
13
a military professor, associate professor, assistant pro-
14
fessor, instructor, or other officer of the United States
15
Army War College.’’.
16
(c) RATES OF PAY FOR PERMANENT PROFESSORS OF
17
THE UNITED STATES ARMY WAR COLLEGE.—Section 203
18
of title 37, United States Code, is amended by inserting
19
‘‘the United States Army War College,’’ after ‘‘the United
20
States Military Academy,’’ both places it appears.
21
(d) RETIREMENT OF PERMANENT PROFESSORS.—
22
(1) RETIREMENT OF PERMANENT PROFESSORS
23
OF THE UNITED STATES ARMY WAR COLLEGE.—Sec-
24
tion 7320(b)(1) of title 10, United States Code, is
25
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amended by inserting ‘‘and the United States Army
1
War College’’ before the period at the end.
2
(2) MANDATORY RETIREMENT AGE FOR PERMA-
3
NENT PROFESSORS OF THE UNITED STATES ARMY
4
WAR COLLEGE.—Section 1252 of title 10, United
5
States Code, is amended—
6
(A) in the section heading, by inserting
7
‘‘and the United States Army War Col-
8
lege’’ after ‘‘at academies’’; and
9
(B) in subsection (b), by adding at the end
10
the following new paragraph:
11
‘‘(4) An officer who is a permanent professor of
12
the United States Army War College.’’.
13
SEC. 507. CONGRESSIONAL NOTIFICATION OF RELIEF OR
14
EARLY DEPARTURE OF CERTAIN GENERAL
15
AND FLAG OFFICERS.
16
Chapter 35 of title 10, United States Code, is amend-
17
ed by adding at the end the following new section:
18
‘‘§ 606. Notification of relief or early departure of cer-
19
tain general and flag officers
20
‘‘(a) COVERED OFFICER DEFINED.—In this section,
21
the term ‘covered officer’ means an officer serving in the
22
grade of general, admiral, lieutenant general, or vice admi-
23
ral in—
24
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‘‘(1) a position of importance and responsibility
1
under section 601 of this title; or
2
‘‘(2) any other position designated by the Sec-
3
retary of Defense for purposes of this section.
4
‘‘(b) NOTICE REQUIRED.—Not later than 5 days
5
after the relief, removal, reassignment, resignation, retire-
6
ment, request for retirement, or other separation from po-
7
sition of a covered officer before the expected completion
8
of service in that position, the Secretary of Defense shall
9
submit to the Committees on Armed Services of the Sen-
10
ate and the House of Representatives written notice of
11
such action.
12
‘‘(c) EARLY DEPARTURE.—For purposes of this sec-
13
tion, a covered officer shall be considered to separate from
14
a position before the expected completion of service in that
15
position if the officer departs before—
16
‘‘(1) the date of a publicly announced or offi-
17
cially scheduled change of command, retirement, re-
18
assignment, or end date for a tour of duty;
19
‘‘(2) the date on which a successor is scheduled
20
to assume the position; or
21
‘‘(3) if no such date has been established, 24
22
months after the officer assumed the position.
23
‘‘(d) APPLICABILITY TO RESIGNATION OR RETIRE-
24
MENT.—The notice requirement under subsection (b) ap-
25
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plies regardless of whether the resignation, retirement, or
1
request for retirement—
2
‘‘(1) was initiated by the Department or by the
3
officer;
4
‘‘(2) occurred in lieu of relief, removal, or reas-
5
signment; or
6
‘‘(3) occurred without a formal written direction
7
to depart the position.
8
‘‘(e) CONTENTS OF NOTICE.—A notice under sub-
9
section (b) shall include—
10
‘‘(1) the name, grade, and position of the cov-
11
ered officer;
12
‘‘(2) the effective date of the action;
13
‘‘(3) the nature of the action, including whether
14
the action was a relief, removal, reassignment, res-
15
ignation, retirement, request for retirement, or other
16
departure;
17
‘‘(4) whether the action was initiated by the
18
Department or by the officer;
19
‘‘(5) a statement of the stated basis for the ac-
20
tion; and
21
‘‘(6) whether any investigation, command in-
22
quiry, Inspector General review, or other fact-finding
23
has been initiated in connection with the action.
24
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‘‘(f) DETAILED REPORT.—Not later than 30 days
1
after submitting a notice under subsection (b), the Sec-
2
retary of Defense shall submit to the committees specified
3
in subsection (b) a detailed report on the action, which
4
may be submitted in whole or in part in classified form
5
consistent with subsection (g), including—
6
‘‘(1) a statement of the basis for the action
7
signed by the Secretary of Defense, or by the Sec-
8
retary of the military department concerned if des-
9
ignated by the Secretary of Defense;
10
‘‘(2) any findings of investigation, command in-
11
quiry, Inspector General review, or other fact-finding
12
completed as of the date of the report;
13
‘‘(3) whether the covered officer was afforded
14
an opportunity to provide a written statement for in-
15
clusion in the report, and any such statement if pro-
16
vided;
17
‘‘(4) a certification by the Secretary of Defense
18
whether the action was taken principally on the
19
basis of misconduct, performance, loss of confidence,
20
force management, reorganization, or other legiti-
21
mate military or civilian leadership considerations,
22
and not principally in retaliation for the good-faith
23
provision, in the course of official duties, of military,
24
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operational, intelligence, readiness, legal, or risk as-
1
sessments to civilian or military superiors; and
2
‘‘(5) whether the Joint Staff, the Secretary of
3
the military department concerned, the Chief of
4
Staff of the Army, the Chief of Naval Operations,
5
the Commandant of the Marine Corps, the Chief of
6
Staff of the Air Force, the Chief of Space Oper-
7
ations, the Chief of the National Guard Bureau, or
8
the commander of the combatant command con-
9
cerned recommended the action.
10
‘‘(g) CLASSIFIED ANNEX.—If the Secretary of De-
11
fense determines that any information required under sub-
12
section (e) or (f) cannot be provided in unclassified form
13
without harm to national security, the Secretary may sub-
14
mit such information in classified form, provided that—
15
‘‘(1) the Secretary submits concurrently an un-
16
classified notice or report containing the maximum
17
amount of information that may be provided in un-
18
classified form; and
19
‘‘(2) the classified submission is provided as a
20
classified annex to the notice or report otherwise re-
21
quired under this section.
22
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
23
tion shall be construed to limit the constitutional authority
24
of the President as Commander in Chief or the authority
25
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of the Secretary of Defense to assign, reassign, or relieve
1
officers. The exercise of such authority shall remain sub-
2
ject to the notification and reporting requirements of this
3
section.’’.
4
Subtitle B—Reserve Component
5
Management
6
SEC. 511. CLARIFICATION ON COMPUTATION OF TOTAL
7
YEARS OF SERVICE.
8
Section 14706 of title 10, United States Code, is
9
amended—
10
(1) in subsection (a)(3)—
11
(A) by striking ‘‘while in a program’’ and
12
inserting ‘‘while participating in a service-ap-
13
proved program’’; and
14
(B) by striking ‘‘, but only’’ and all that
15
follows through ‘‘such a degree’’;
16
(2) in subsection (b), by striking ‘‘other than a
17
student status’’ and all that follows through the pe-
18
riod at the end and inserting ‘‘a capacity other than
19
such officer’s participation in the service-approved
20
program of advanced education.’’; and
21
(3) by adding at the end the following new sub-
22
section:
23
‘‘(d) SERVICE-APPROVED PROGRAM DEFINED.—In
24
this section, the term ‘service-approved program’ means
25
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a service-approved educational delay of active duty, active
1
guard and reserve, or selected reserve service for a grad-
2
uate of a pre-commissioning program, including a Senior
3
Reserve Officer Training Corps program, in order attend
4
an advanced education program to obtain a professional
5
degree that would be required for appointment, designa-
6
tion, or assignment to a professional specialty in such mili-
7
tary service.’’.
8
SEC. 512. AUTHORIZED STRENGTHS FOR NAVY RESERVES
9
AND MARINE CORPS RESERVES ON FULL-
10
TIME RESERVE COMPONENT DUTY.
11
(a) NAVY RESERVE OFFICERS.—Section 12011(a)(2)
12
of title 10, United States Code, is amended by striking
13
the table and inserting the following:
14
‘‘Total number of members of Navy
Reserve serving on full-time reserve
component duty:
Number of officers who may be serving
in the grade of:
Lieutenant
Command
Command
Captain
10,000
917
467
151
11,000
988
489
164
12,000
1,056
509
175
13,000
1,123
529
186
14,000
1,189
549
197
15,000
1,253
568
208
16,000
1,142
555
203
17,000
1,195
565
213
18,000
1,246
575
223
19,000
1,291
585
233
20,000
1,334
595
242
21,000
1,364
603
250
22,000
1,384
610
258
23,000
1,400
615
265
24,000
1,410
620
270’’.
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(b) NAVY RESERVE SENIOR ENLISTED MEMBERS.—
1
Section 12012(a) of title 10, United States Code, is
2
amended by striking those parts of the table pertaining
3
to the Navy Reserve and inserting the following:
4
‘‘Navy Reserve:
10,000
355
160
11,000
381
173
12,000
404
187
13,000
427
202
14,000
444
216
15,000
458
231
16,000
447
221
17,000
459
234
18,000
471
247
19,000
483
260
20,000
495
273
21,000
507
286
22,000
519
299
23,000
531
312
24,000
540
325’’.
(c) MARINE CORPS RESERVE SENIOR ENLISTED
5
MEMBERS.—Section 12012(a) of title 10, United States
6
Code, is amended by striking those parts of the table per-
7
taining to the Marine Corps Reserve and inserting the fol-
8
lowing:
9
‘‘Marine Corps Reserve:
1,100
68
18
1,200
75
20
1,300
81
21
1,400
87
23
1,500
93
24
1,600
99
26
1,700
106
28
1,800
112
29
1,900
118
31
2,000
124
33
2,100
130
34
2,200
137
36
2,300
143
37
2,400
149
39
2,500
155
41
2,600
161
42
2,700
168
44
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2,800
174
46
2,900
180
47
3,000
186
49’’.
SEC. 513. NATIONAL GUARD MILITARY TECHNICIAN (DUAL
1
STATUS) CONVERSIONS AND PHASE-OUT.
2
(a) CONVERSION AUTHORITY.—Subject to subsection
3
(c), the Secretary of Defense may convert a National
4
Guard military technician (dual status) position filled by
5
an individual employed under section 709 of title 32,
6
United States Code, to either of the following:
7
(1) A position filled by an individual employed
8
under section 3101 of title 5, United States Code,
9
or sections 1601, 1762, and 10508 of title 10,
10
United States Code.
11
(2) A position filled by an individual who is per-
12
forming Active Guard and Reserve duty under sec-
13
tion 328 of title 32, United States Code, unless pro-
14
hibited by section 101(d)(6)(B)(iv) of title 10,
15
United States Code.
16
(b) TRANSFER AUTHORITY.—In addition to the con-
17
version authority under subsection (a), the Secretary of
18
Defense may, with agreement by the applicable State Gov-
19
ernor, for the purpose of reducing the number of National
20
Guard military technician (dual status) positions, provide
21
a State with funding for a non-Federal position for an
22
individual employed in such position. Any such funding
23
shall be provided through a cooperative agreement entered
24
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into with the State Governor under section 6305 of title
1
31, United States Code.
2
(c) CONSENT OF EMPLOYEE TO CONVERSION OR
3
TRANSFER.—The Secretary of Defense may not convert
4
a position under subsection (a) or transfer a position
5
under subsection (b) that is not vacant without the written
6
consent of the individual filling the position being con-
7
verted or transferred.
8
(d) RE-EMPLOYMENT.—An individual filling a mili-
9
tary technician (dual status) position that is converted to
10
Active Guard and Reserve duty under subsection (a)(2),
11
waives any re-employment entitlement under section 4314
12
of title 38, United States Code, to another National Guard
13
military technician (dual status) position but may assert
14
re-employment rights to a civilian position employed under
15
section 3101 of title 5, United States Code, or sections
16
1601, 1762, and 10508 of title 10, United States Code
17
if a similar position is reasonably available.
18
(e) ADJUSTMENT
TO END STRENGTH REQUIRE-
19
MENTS.—(1) Whenever a military technician (dual status)
20
position is converted under the authority in subsection
21
(a)(2), the applicable statutory annual end strength limi-
22
tation for Active Guard and Reserve personnel within the
23
Army and Air National Guards of the United States in
24
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accordance with section 115 of title 10, United States
1
Code, shall be increased accordingly.
2
(2) Whenever a military technician (dual status) posi-
3
tion converted under subsection (a)(2), the applicable stat-
4
utory annual minimum end strength required for National
5
Guard military technician (dual status) within the Army
6
and Air National Guard of the United States in accord-
7
ance with section 115 of title 10, United States Code, shall
8
be decreased accordingly.
9
(f) NATIONAL GUARD BUREAU PERSONNEL.—Sec-
10
tion 10508(b)(1) of title 10, United States Code, is
11
amended by inserting ‘‘sections 1601 and 1762 of title
12
10,’’ before ‘‘or section 328 of title 32’’.
13
(g) MAINTENANCE AND REPAIR DUTIES.—Section
14
328(b) of title 32, United States Code, is amended by in-
15
serting ‘‘maintaining and repairing supplies issued to the
16
National Guard or the Armed Forces,’’ before ‘‘and train-
17
ing the reserve components’’.
18
(h) HIRING FREEZE.—Beginning on October 1,
19
2028, no individual may be newly hired or employed, or
20
rehired or reemployed, as a National Guard military tech-
21
nician (dual status) under section 709 of title 32, United
22
States Code.
23
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(i) TERMINATION OF AUTHORITY.—Section 709 of
1
title 32, United States Code, is amended by adding at the
2
end the following subsection:
3
‘‘(k) TERMINATION OF AUTHORITY.—(1) Subject to
4
paragraph (2), this section shall cease to be in effect as
5
of October 1, 2038.
6
‘‘(2) The Secretary of Defense may, with agreement
7
by the applicable State governor, authorize the continued
8
employment of military technicians (dual status) to the ex-
9
tent necessary to ensure adequate State disaster response
10
capabilities within such States.
11
‘‘(3) The termination of authority under this sub-
12
section shall not affect the employment, rights, and bene-
13
fits of individual employees who, as of such date, are with-
14
in three years of earning an unreduced Federal civilian
15
annuity.’’.
16
(j) MILITARY TECHNICIAN (DUAL STATUS) END
17
STRENGTHS.—(1) Section 115(d) of title 10, United
18
States Code, is amended by striking ‘‘each reserve compo-
19
nent of the Army and Air Force’’ and inserting ‘‘the Army
20
Reserve and the Air Force Reserve’’.
21
(2) The amendment made by subparagraph (A) shall
22
take effect on October 1, 2038.
23
(k) DEFINITION OF MILITARY TECHNICIAN (DUAL
24
STATUS).—Section 10216(a)(1)(A) of title 10, United
25
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States Code, is amended by striking ‘‘or section 709(b)
1
of title 32’’ before the semicolon.
2
(l) PROHIBITION ON USE OF DEPARTMENT OF DE-
3
FENSE FUNDING FOR NATIONAL GUARD MILITARY TECH-
4
NICIAN (DUAL STATUS) COMPENSATION.—Subject to the
5
provisions of section 709(k) of title 32, United States
6
Code, funds appropriated for the Department of Defense
7
may not be used for compensation of any individual em-
8
ployed as a National Guard military technician (dual sta-
9
tus) after October 1, 2048.
10
(m) DEFINITIONS.—In this section:
11
(1) The term ‘‘military technician (dual sta-
12
tus)’’ has the meaning given such term in section
13
709(a) of title 32, United States Code.
14
(2) The term ‘‘State’’ includes the District of
15
Columbia, the Commonwealth of Puerto Rico,
16
Guam, and the Virgin Islands.
17
SEC. 514. STUDY AND ANALYSIS FOR ENHANCED MARITIME
18
SURGE MAINTENANCE, REPAIR, AND PRO-
19
DUCTION CAPACITY.
20
(a) REQUIREMENT.—The Secretary of the Navy shall
21
conduct a feasibility study and business case analysis to
22
evaluate the requirements necessary to expand and opti-
23
mize existing Navy Reserve maintenance programs, in-
24
cluding the Navy Reserve Engineering Duty Officer (NR
25
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EDO) Program 29 and the SurgeMain program, to pro-
1
vide enhanced maritime surge maintenance, repair, and
2
production capacity.
3
(b) REPORT.—The Secretary of the Navy shall sub-
4
mit a report to the Committees on Armed Services of the
5
Senate and House of Representatives of the results of the
6
feasibility study and business case analysis required by
7
subsection (a) not later than one year after the date of
8
the enactment of this Act, which addresses the following
9
elements:
10
(1) An assessment of the expansion and optimi-
11
zation of existing Navy Reserve maintenance capa-
12
bilities, including the Navy Reserve Engineering
13
Duty Officer Program 29 and the SurgeMain con-
14
struct, and the associated end-strength requirements
15
for supporting both public and private shipyards
16
without degrading current fleet readiness support.
17
(2) An evaluation of the integration of advanced
18
industrial skillsets into existing Reserve ratings and
19
designators.
20
(3) An analysis of the utilization of existing
21
funding mechanisms, including established Navy Re-
22
serve training authorities.
23
(4) An evaluation of public-private vocational
24
and technical training partnerships to support work-
25
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force development and reduce the need for the Navy
1
to independently develop new training pipelines.
2
(5) An assessment of a legal and operational
3
framework to allow Navy Reserve personnel to sup-
4
port production and maintenance backlogs at private
5
shipyards holding Department of Defense contracts,
6
including an assessment of labor relations, collective
7
bargaining considerations, potential impacts on civil-
8
ian overtime, recruitment, and retention, and re-
9
quirements to ensure Reserve personnel supplement
10
rather than displace skilled private-sector workers.
11
(6) Identification of statutory, regulatory, fund-
12
ing, manpower, and other barriers associated with
13
implementation and recommendations for necessary
14
legislative or policy relief.
15
(c)
DEFINITION.—In
this
section,
the
term
16
‘‘SurgeMain program’’ means the Navy Reserve Surge
17
Maintenance program.
18
Subtitle C—General Service
19
Authorities and Military Records
20
SEC. 521. REMOTE PERSONNEL PROCESSING IN THE MILI-
21
TARY DEPARTMENTS.
22
(a) REQUIREMENT FOR REMOTE PERSONNEL PROC-
23
ESSING.—
24
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(1) IN GENERAL.—Each Secretary of a military
1
department shall implement capabilities to enable
2
the remote in-processing and out-processing of cov-
3
ered personnel.
4
(2)
ELEMENTS.—The
capabilities
required
5
under paragraph (1) shall, at a minimum—
6
(A) permit covered personnel to complete
7
in-processing and out-processing requirements
8
remotely, including through the use of elec-
9
tronic forms and digital signatures;
10
(B) reduce the number of hours required
11
for in-processing and out-processing associated
12
with a permanent change of station, separation,
13
or retirement; and
14
(C) provide covered personnel and com-
15
manders with timely electronic access to records
16
related to such processing.
17
(b) BRIEFINGS.—Not later than September 30, 2027,
18
and annually thereafter through September 30, 2030,
19
each Secretary of a military department shall provide to
20
the Committees on Armed Services of the Senate and the
21
House of Representatives a briefing on the implementation
22
of subsection (a), including—
23
(1) a description of capabilities implemented;
24
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(2) metrics on time required for in-processing
1
and out-processing before and after implementation;
2
(3) any challenges or limitations in execution;
3
and
4
(4) plans, if any, to expand or improve such ca-
5
pabilities.
6
(c) DEFINITIONS.—In this subsection:
7
(1) COVERED PERSONNEL.—The term ‘‘covered
8
personnel’’ includes members of the Armed Forces
9
and civilian employees of the military department.
10
(2) IN-PROCESSING.—The term ‘‘in-processing’’
11
means the administrative activities that covered per-
12
sonnel undertake pursuant to a permanent change of
13
station.
14
(3) OUT-PROCESSING.—The term ‘‘out-proc-
15
essing’’ means the administrative activities that cov-
16
ered personnel undertake pursuant to a permanent
17
change of station, separation from the Armed
18
Forces, or end of employment with the military de-
19
partment.
20
SEC. 522. REPEAL OF SUNSET OF AUTHORITY RELATING TO
21
NON-MEDICAL COUNSELING SERVICES FOR
22
MILITARY FAMILIES.
23
Section 1781(d) of title 10, United States Code, is
24
amended—
25
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(1) by striking paragraph (4); and
1
(2) by redesignating paragraph (5) as para-
2
graph (4).
3
SEC. 523. GUIDANCE ON PUBLIC DISCLOSURE OF PERSON-
4
ALLY IDENTIFIABLE INFORMATION FOR CER-
5
TAIN MEMBERS OF THE ARMED FORCES.
6
(a) GUIDANCE REQUIRED.—Not later than March 1,
7
2027, the Secretary of Defense shall issue or update guid-
8
ance regarding the public release of personally identifiable
9
information of members of the Armed Forces in adminis-
10
trative announcements made through official public affairs
11
channels, including announcements related to command
12
selections, promotion selections, and board results.
13
(b) ELEMENTS.—The guidance required under sub-
14
section (a) shall—
15
(1) establish appropriate safeguards to mitigate
16
security and counterintelligence risks associated with
17
the public disclosure of personally identifiable infor-
18
mation;
19
(2) account for the unique risks to members as-
20
signed to sensitive, specialized, or high-risk units, in-
21
cluding members of special operations forces;
22
(3) provide standards, as appropriate, for the
23
review and approval of information prior to public
24
release; and
25
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(4) ensure consistency in the application of
1
such safeguards across the military departments.
2
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
3
tion shall be construed to limit the authority of the Sec-
4
retary of Defense or the Secretaries of the military depart-
5
ments to determine what information may be publicly re-
6
leased in accordance with applicable law and policy.
7
SEC. 524. PROHIBITION ON REDUCTION IN THE NUMBER OF
8
PERSONNEL ASSIGNED TO A SERVICE RE-
9
VIEW AGENCY.
10
(a) PERSONNEL LIMITATION.—Section 1559 of title
11
10, United States Code, is amended—
12
(1) in subsection (a), by striking ‘‘December
13
31, 2025’’ and inserting ‘‘December 31, 2031’’;
14
(2) by amending subsection (b) to read as fol-
15
lows:
16
‘‘(b) BASELINE NUMBER.—The baseline number for
17
a service review agency under this section is the number
18
of military and civilian personnel assigned to that agency
19
as of January 1, 2026.’’; and
20
(3) in subsection (c)(2), by inserting ‘‘and the
21
Secretary of the Navy Council of Review Boards
22
(formerly known as the Navy Council of Personnel
23
Boards)’’ after ‘‘Board of Correction for Naval
24
Records’’.
25
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SEC. 525. REAUTHORIZATION OF TEMPORARY AUTHORITY
1
TO DEVELOP AND PROVIDE ADDITIONAL RE-
2
CRUITMENT INCENTIVES.
3
Section 522(h) of the National Defense Authorization
4
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
5
503 note) is amended by striking ‘‘December 31, 2025’’
6
and inserting ‘‘December 31, 2028’’.
7
SEC. 526. RELIEF FOR FORMER SERVICE MEMBERS RE-
8
QUESTING REVIEW OF DISCHARGE OR DIS-
9
MISSAL ON THE BASIS OF POST-TRAUMATIC
10
STRESS DISORDER OR TRAUMATIC BRAIN IN-
11
JURY RELATED TO COMBAT OR MILITARY
12
SEXUAL TRAUMA.
13
Section 1552(h) of title 10, United States Code, is
14
amended by adding at the end the following new para-
15
graphs:
16
‘‘(3) As a result of its review under paragraph (2),
17
a board established under subsection (a)(1) may—
18
‘‘(A) grant a claimant’s request to upgrade the
19
characterization of a discharge or dismissal;
20
‘‘(B) grant a claimant’s request to correct the
21
following for a discharge or dismissal: the narrative
22
reason for separation, the separation code, and the
23
re-enlistment code; and
24
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‘‘(C) deny any part of the claimant’s application
1
for relief after liberal consideration of the evidence
2
of record.
3
‘‘(4) If a claimant described in paragraph (1) re-
4
quests retirement or separation for physical disability as
5
defined by chapter 61 of this title, the board established
6
under subsection (a)(1) shall review such request under
7
the evidentiary standards established by the Department
8
of Defense for current service members in the Disability
9
Evaluation System. If the claimant submits multiple bases
10
or requests for relief, the board shall review any eligible
11
requests for relief that do not involve retirement or separa-
12
tion for physical disability as defined by chapter 61 this
13
title, under the liberal consideration standard established
14
in paragraph (2).’’.
15
SEC. 527. MODIFICATION OF WHISTLEBLOWER PROTEC-
16
TIONS.
17
Section 1034 of title 10, United States Code, is
18
amended—
19
(1) in subsection (b)(2)(A), by adding at the
20
end the following new clauses:
21
‘‘(vi) The conducting of, or a threat to order,
22
a retaliatory security clearance review.
23
‘‘(vii) The conducting of, or a threat to order,
24
a retaliatory psychiatric examination, mental health
25
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evaluation, psychological assessment, or other med-
1
ical testing or examination.’’;
2
(2) by redesignating subsection (j) as sub-
3
section (k); and
4
(3) by inserting after subsection (i) the fol-
5
lowing new subsection:
6
‘‘(j) INAPPLICABILITY OF NONDISCLOSURE AGREE-
7
MENTS.—No nondisclosure policy, form, or agreement
8
shall be construed as limiting or otherwise affecting the
9
rights and protections provided under this section.’’.
10
SEC. 528. AUTHORITY FOR COLLECTION OF PERSONALLY
11
IDENTIFIABLE
INFORMATION
REGARDING
12
PROSPECTIVE RECRUITS.
13
(a) COLLECTION OF PROSPECTIVE RECRUIT INFOR-
14
MATION; DIGITAL
COLLECTION.—The Secretary con-
15
cerned may collect Prospective Recruit Information with
16
respect to prospective recruits for the Armed Forces who
17
are at least 17 years of age for the purpose of enhancing
18
marketing, advertising, and outreach to possible prospec-
19
tive recruits for recruitment for service in the Armed
20
Forces. In the case of any such prospective recruit, such
21
information may only be collected—
22
(1) with the express consent of the prospective
23
recruit; or
24
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(2) in the case of a prospective recruit who is
1
17 years of age, with parental consent.
2
(b) RESPONSIBLE PERSON.—The process for obtain-
3
ing consent under subsection (a) shall be carried out so
4
that—
5
(1) the person whose consent is requested is
6
provided information before such consent is obtained
7
that outlines the purpose of the collection, the au-
8
thority for the collection, routine uses to be made of
9
the collection and the effects on the individual, if
10
any, of not providing all or any part of the requested
11
information, consistent with section 552a of title 5,
12
United States Code; and
13
(2) the person has the opportunity to establish
14
consent preferences.
15
(c) CONSENT.—Consent may be granted, and Pro-
16
spective Recruit Information may be collected, under sub-
17
section (a) through a military recruiting digital website or
18
platform. The collection of Prospective Recruit Informa-
19
tion may be accomplished by the use of cookies or similar
20
technology.
21
(d) PROSPECTIVE RECRUIT INFORMATION.—
22
(1) MAINTENANCE OF INFORMATION.—Prospec-
23
tive Recruit Information pertaining to any person
24
may not be maintained for more than 3 years after
25
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the date the information pertaining to such person
1
is first collected under this section.
2
(2) PRIVACY.—The maintenance of information
3
collected under this subsection is subject to sub-
4
chapter II of chapter 35 of title 44 and section 552a
5
of title 5.
6
(e) PROSPECTIVE
RECRUIT
INFORMATION
DE-
7
FINED.—In this section, the term ‘‘Prospective Recruit In-
8
formation’’ means, with respect to a prospective recruit
9
for the Armed Forces, the following:
10
(1) Name, mailing address, physical address,
11
email address, mobile/cell phone number, and home
12
phone number (if any).
13
(2) Age, sex, household composition, education
14
level, birth date, marital status, and military/veteran
15
status.
16
(3) Information about browser types, connected
17
devices, cookie data, and usage metadata.
18
(4) Unique identifiers such as IP addresses and
19
social media handles.
20
(5) Fitness activity data.
21
(6) Such other data elements as determined
22
necessary for effective recruiting, as provided in reg-
23
ulations prescribed by the Secretary of Defense and
24
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maintained in accordance with the applicable system
1
of records notice of the department concerned.
2
(f) SUNSET.—The authority established under sub-
3
section (a) shall terminate on December 31, 2031.
4
SEC. 529. MODIFICATION OF SERVICE OBLIGATIONS FOR
5
CADETS OBTAINING EMPLOYMENT AS PRO-
6
FESSIONAL ATHLETES.
7
(a) AUTHORITY.—
8
(1) UNITED STATES MILITARY ACADEMY.—Sec-
9
tion 7448 of title 10, United States Code, is amend-
10
ed—
11
(A) in subsection (a), by amending para-
12
graph (5) to read as follows:
13
‘‘(5)(A) That the cadet may not obtain employ-
14
ment as a professional athlete under this paragraph
15
until 2 years after graduating from the Academy,
16
except as otherwise authorized by the Secretary
17
under subparagraph (B).
18
‘‘(B) The Secretary may authorize not more
19
than 10 cadets during any academic year to obtain
20
employment as a professional athlete before com-
21
pleting the active-duty service obligation otherwise
22
required under this subsection.
23
‘‘(C) The Secretary may waive the numerical
24
limitation under subparagraph (B) and authorize
25
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participation for more than 10 graduates in a fiscal
1
year if the Secretary determines that—
2
‘‘(i) such a waiver is in the national inter-
3
est; and
4
‘‘(ii) participation by additional graduates
5
will provide significant recruiting, retention,
6
public affairs, or strategic benefit to the Armed
7
Forces.
8
‘‘(D) A cadet authorized under subparagraph
9
(B) shall—
10
‘‘(i) accept an appointment as a commis-
11
sioned officer in an appropriate reserve compo-
12
nent, as determined by the Secretary;
13
‘‘(ii) serve in the Selected Reserve in an
14
appropriate status, grade, and assignment, as
15
determined by the Secretary; and
16
‘‘(iii) participate in recruiting, retention,
17
public affairs or other activities that strategi-
18
cally benefit the armed forces, as determined by
19
the Secretary.
20
‘‘(E) The Secretary shall prescribe the period of
21
obligated service required under this paragraph, ex-
22
cept that such obligated service shall be served in
23
the Selected Reserve for a period of not more than
24
10 years.
25
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‘‘(F) Upon completion of employment as a pro-
1
fessional athlete, or upon termination of authoriza-
2
tion under this paragraph, the Secretary may re-
3
quire the officer to serve on active duty for such pe-
4
riod as the Secretary determines appropriate, except
5
that the combined period of service required under
6
subparagraph (E) and this subparagraph may not
7
exceed 10 years.
8
‘‘(G) If an officer authorized under this para-
9
graph is unable or unwilling to satisfy the service
10
obligations required under this paragraph, and is de-
11
termined by the Secretary concerned to be ineligible
12
for further military service, the Secretary may re-
13
quire the officer to reimburse the United States for
14
all or a portion of the cost of the education provided
15
by the Academy, under such terms and conditions as
16
the Secretary may prescribe.’’;
17
(B) in subsection (b)—
18
(i) in paragraph (1), by striking
19
‘‘Subject to paragraph (4), the Secretary’’
20
and inserting ‘‘The Secretary’’; and
21
(ii) by striking paragraph (4); and
22
(C) in subsection (c)—
23
(i) by striking paragraph (2); and
24
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(ii) by redesignating paragraphs (3)
1
and (4) as paragraphs (2) and (3), respec-
2
tively.
3
(2) UNITED STATES NAVAL ACADEMY.—Section
4
8459 of title 10, United States Code, is amended—
5
(A) in subsection (a), by amending para-
6
graph (5) to read as follows:
7
‘‘(5)(A) That the midshipman may not obtain
8
employment as a professional athlete under this
9
paragraph until 2 years after graduating from the
10
Academy, except as otherwise authorized by the Sec-
11
retary under subparagraph (B).
12
‘‘(B) The Secretary may authorize not more
13
than 10 midshipmen during any academic year to
14
obtain employment as a professional athlete before
15
completing the active-duty service obligation other-
16
wise required under this subsection.
17
‘‘(C) The Secretary may waive the numerical
18
limitation under subparagraph (B) and authorize
19
participation for more than 10 graduates in a fiscal
20
year if the Secretary determines that—
21
‘‘(i) such a waiver is in the national inter-
22
est; and
23
‘‘(ii) participation by additional graduates
24
will provide significant recruiting, retention,
25
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public affairs, or strategic benefit to the Armed
1
Forces.
2
‘‘(D) A midshipman authorized under subpara-
3
graph (B) shall—
4
‘‘(i) accept an appointment as a commis-
5
sioned officer in an appropriate reserve compo-
6
nent, as determined by the Secretary;
7
‘‘(ii) serve in the Selected Reserve in an
8
appropriate status, grade, and assignment, as
9
determined by the Secretary; and
10
‘‘(iii) participate in recruiting, retention,
11
public affairs or other activities that strategi-
12
cally benefit the armed forces, as determined by
13
the Secretary.
14
‘‘(E) The Secretary shall prescribe the period of
15
obligated service required under this paragraph, ex-
16
cept that such obligated service shall be served in
17
the Selected Reserve for a period of not more than
18
10 years.
19
‘‘(F) Upon completion of employment as a pro-
20
fessional athlete, or upon termination of authoriza-
21
tion under this paragraph, the Secretary may re-
22
quire the officer to serve on active duty for such pe-
23
riod as the Secretary determines appropriate, except
24
that the combined period of service required under
25
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subparagraph (E) and this subparagraph may not
1
exceed 10 years.
2
‘‘(G) If an officer authorized under this para-
3
graph is unable or unwilling to satisfy the service
4
obligations required under this paragraph, and is de-
5
termined by the Secretary concerned to be ineligible
6
for further military service, the Secretary may re-
7
quire the officer to reimburse the United States for
8
all or a portion of the cost of the education provided
9
by the Academy, under such terms and conditions as
10
the Secretary may prescribe.’’;
11
(B) in subsection (b)—
12
(i) in paragraph (1), by striking
13
‘‘Subject to paragraph (4), the Secretary’’
14
and inserting ‘‘The Secretary’’; and
15
(ii) by striking paragraph (4); and
16
(C) in subsection (c)—
17
(i) by striking paragraph (2); and
18
(ii) by redesignating paragraphs (3)
19
and (4) as paragraphs (2) and (3), respec-
20
tively.
21
(3) UNITED STATES AIR FORCE ACADEMY.—
22
Section 9448 of title 10, United States Code, is
23
amended—
24
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(A) in subsection (a), by amending para-
1
graph (5) to read as follows:
2
‘‘(5)(A) That the cadet may not obtain employ-
3
ment as a professional athlete under this paragraph
4
until 2 years after graduating from the Academy,
5
except as otherwise authorized by the Secretary
6
under subparagraph (B).
7
‘‘(B) The Secretary may authorize not more
8
than 10 cadets during any academic year to obtain
9
employment as a professional athlete before com-
10
pleting the active-duty service obligation otherwise
11
required under this subsection.
12
‘‘(C) The Secretary may waive the numerical
13
limitation under subparagraph (B) and authorize
14
participation for more than 10 graduates in a fiscal
15
year if the Secretary determines that—
16
‘‘(i) such a waiver is in the national inter-
17
est; and
18
‘‘(ii) participation by additional graduates
19
will provide significant recruiting, retention,
20
public affairs, or strategic benefit to the Armed
21
Forces.
22
‘‘(D) A cadet authorized under subparagraph
23
(B) shall—
24
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‘‘(i) accept an appointment as a commis-
1
sioned officer in an appropriate reserve compo-
2
nent, as determined by the Secretary;
3
‘‘(ii) serve in the Selected Reserve in an
4
appropriate status, grade, and assignment, as
5
determined by the Secretary; and
6
‘‘(iii) participate in recruiting, retention,
7
public affairs or other activities that strategi-
8
cally benefit the armed forces, as determined by
9
the Secretary.
10
‘‘(E) The Secretary shall prescribe the period of
11
obligated service required under this paragraph, ex-
12
cept that such obligated service shall be served in
13
the Selected Reserve for a period of not more than
14
10 years.
15
‘‘(F) Upon completion of employment as a pro-
16
fessional athlete, or upon termination of authoriza-
17
tion under this paragraph, the Secretary may re-
18
quire the officer to serve on active duty for such pe-
19
riod as the Secretary determines appropriate, except
20
that the combined period of service required under
21
subparagraph (E) and this subparagraph may not
22
exceed 10 years.
23
‘‘(G) If an officer authorized under this para-
24
graph is unable or unwilling to satisfy the service
25
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obligations required under this paragraph, and is de-
1
termined by the Secretary concerned to be ineligible
2
for further military service, the Secretary may re-
3
quire the officer to reimburse the United States for
4
all or a portion of the cost of the education provided
5
by the Academy, under such terms and conditions as
6
the Secretary may prescribe.’’;
7
(B) in subsection (b)—
8
(i) in paragraph (1), by striking
9
‘‘Subject to paragraph (4), the Secretary’’
10
and inserting ‘‘The Secretary’’; and
11
(ii) by striking paragraph (4); and
12
(C) in subsection (c)—
13
(i) by striking paragraph (2); and
14
(ii) by redesignating paragraphs (3)
15
and (4) as paragraphs (2) and (3), respec-
16
tively.
17
(b) REGULATIONS.—Each Secretary concerned shall
18
prescribe regulations to carry out this section and the
19
amendments made by this section, including eligibility cri-
20
teria, performance standards, and procedures for moni-
21
toring compliance.
22
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SEC. 529A. REQUIREMENT OF EQUAL OPPORTUNITY, RA-
1
CIAL NEUTRALITY, AND EXCLUSIVE USE OF
2
MERIT IN MILITARY PERSONNEL ACTIONS.
3
(a) MERIT REQUIREMENT.—Any Department of De-
4
fense military personnel action related to promotions,
5
nominative assignments, command selection, and military
6
and civil schooling selection shall be based exclusively on
7
individual merit, fitness, capability, and performance.
8
(b) CONSIDERATION OF CERTAIN ATTRIBUTES PRO-
9
HIBITED.—Consideration of an individual’s sex, race, eth-
10
nicity, or national origin in any military personnel action
11
described in subsection (a) is prohibited throughout the
12
Department of Defense.
13
(c) LIMITED EXCEPTION FOR TASKING OF SPECIFIC
14
MISSIONS.—
15
(1) IN
GENERAL.—This section shall not be
16
construed to prohibit tasking for specific, unconven-
17
tional missions in foreign countries, where the an-
18
ticipated ground operating environment of indige-
19
nous populations may justify consideration of race,
20
ethnicity, or national origin when tasking for the
21
mission to optimize mission success.
22
(2) COMBATANT
COMMANDER
APPROVAL
RE-
23
QUIRED.—Any tasking pursuant to the exception de-
24
scribed in paragraph (1) shall require the approval
25
of the combatant commander concerned.
26
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(3) REPORTING REQUIREMENT.—Not later than
1
60 days after a tasking pursuant to the exception
2
described in paragraph (1), the Secretary of Defense
3
shall report the tasking to the Committees on Armed
4
Services of the Senate and the House of Representa-
5
tives. The report shall describe—
6
(A) the mission, including location and du-
7
ration;
8
(B) the staffing of the mission;
9
(C) the demographic factors warranting
10
the tasking;
11
(D) the number of personnel involved, in-
12
cluding their rank, position, and race, ethnicity,
13
and national origin; and
14
(E) the rationale for the tasking.
15
SEC. 529B. PROHIBITION ON PARTICIPATION OF MALES IN
16
ATHLETIC PROGRAMS OR ACTIVITIES, AND
17
MALES ENTERING PRIVACY SPACES, AT THE
18
MILITARY SERVICE ACADEMIES THAT ARE
19
DESIGNATED FOR WOMEN OR GIRLS.
20
(a) IN GENERAL.—
21
(1) PROHIBITION
ON
PARTICIPATION.—The
22
Secretary of Defense shall ensure that the United
23
States Military Academy, the United States Naval
24
Academy, the United States Air Force Academy,
25
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and all primary and secondary schools under the
1
control of the Department of Defense, including the
2
Department of Defense Education Activity Schools,
3
do not permit a person enrolled at such an Academy
4
or school whose sex is male to participate in an ath-
5
letic program or activity that is designated for
6
women or girls.
7
(2) PRIVACY IN WOMEN’S SPACES.—The Sec-
8
retary of Defense shall ensure that the United
9
States Military Academy, the United States Naval
10
Academy, the United States Air Force Academy,
11
and all primary and secondary schools under the
12
control of the Department of Defense, including the
13
Department
of
Defense
Education
Activity
14
Schools—
15
(A) designate each multi-occupancy rest-
16
room or changing room in a facility under its
17
control for the exclusive use of males or females
18
and take reasonable steps to prevent individuals
19
from using a restroom or changing room des-
20
ignated for the opposite sex;
21
(B) if only one restroom or changing room
22
exists in a facility under its control, clearly des-
23
ignate that restroom or changing room for the
24
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sole use by the sex of the team or group using
1
the facility at the time; and
2
(C) provide students the option to be
3
housed in permanent sleeping quarters only
4
with persons of the same sex at any student
5
housing facilities under its control or during
6
any academy or school-sponsored trips.
7
(b) RULES OF CONSTRUCTION.—
8
(1) PARTICIPATION.—Nothing in this section
9
shall be construed to prohibit the United States
10
Military Academy, the United States Naval Acad-
11
emy, the United States Air Force Academy, and all
12
primary and secondary schools under the control of
13
the Department of Defense, including the Depart-
14
ment of Defense Education Activity Schools, from
15
permitting males to train or practice with an athletic
16
program or activity that is designated for women or
17
girls so long as no female is deprived of a roster spot
18
on a team or sport, opportunity to participate in a
19
practice or competition, scholarship, admission to an
20
educational institution, or any other benefit that ac-
21
companies participating in the athletic program or
22
activity.
23
(2) RESTROOMS
AND
CHANGING
ROOMS.—
24
Nothing in this section shall be construed to prohibit
25
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the United States Military Academy, the United
1
States Naval Academy, the United States Air Force
2
Academy, and all primary and secondary schools
3
under the control of the Department of Defense, in-
4
cluding the Department of Defense Education Activ-
5
ity Schools, from—
6
(A) establishing single-occupancy rest-
7
rooms, changing rooms, or permanent sleeping
8
quarters;
9
(B) allowing individuals to enter a rest-
10
room or changing room designated for the op-
11
posite sex—
12
(i) to perform custodial services or
13
maintenance;
14
(ii) to render medical assistance;
15
(iii) to provide childcare, disability
16
support, or age-appropriate parental assist-
17
ance in Department of Defense Education
18
Activity School environments;
19
(iv) to provide services or render aid
20
during a natural disaster, a declared emer-
21
gency, or when necessary to prevent a seri-
22
ous threat to good order or safety; or
23
(v) to provide coaching or athletic
24
training during athletic events by coaching
25
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staff in changing rooms, provided that the
1
individual ensures that no person of the
2
opposite sex is in a state of undress prior
3
to entering the room; or
4
(C) utilizing temporary co-ed sleeping ar-
5
rangements necessary for training exercises, de-
6
ployments, or other operational environments.
7
(c) DEFINITIONS.—In this section—
8
(1) the term ‘‘athletic programs and activities’’
9
includes all programs or activities that are provided
10
conditional upon participation with any athletic
11
team;
12
(2) the term ‘‘changing room’’ means a locker
13
room, shower room, or other area designated for in-
14
dividuals to change clothing;
15
(3) the term ‘‘female’’ means an individual who
16
naturally has, had, will have, or would have, but for
17
a congenital anomaly or intentional or unintentional
18
disruption, the reproductive system that at some
19
point produces, transports, and utilizes eggs for fer-
20
tilization;
21
(4) the term ‘‘male’’ means an individual who
22
naturally has, had, will have, or would have, but for
23
a congenital anomaly or intentional or unintentional
24
disruption, the reproductive system that at some
25
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point produces, transports, and utilizes sperm for
1
fertilization;
2
(5) the term ‘‘restroom’’ means a room that in-
3
cludes one or more toilets or urinals;
4
(6) the term ‘‘sex’’ means an individual’s bio-
5
logical sex, either male or female; and
6
(7) the term ‘‘sleeping quarters’’ means a room
7
with a bed in which more than one individual is
8
housed overnight.
9
SEC. 529C. MODIFICATION OF PROVISIONS RELATED TO DI-
10
VERSITY, EQUITY, AND INCLUSION.
11
(a) DIVERSITY
REQUIREMENTS
FOR
SELECTION
12
BOARDS.—Title 10, United States Code, is amended—
13
(1) in section 573(b), by striking the last sen-
14
tence;
15
(2) in section 612(a)(1), by striking the last
16
sentence; and
17
(3) in section 14102(b), by striking the last
18
sentence.
19
(b) PRONOUN POLICY REPEAL.—Section 986 of title
20
10, United States Code, is repealed.
21
(c)
HUMAN
RELATIONS
TRAINING.—Section
22
2001(a)(1)(B) of title 10, United States Code, is amended
23
by striking ‘‘include’’ and all that follows through the pe-
24
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riod at the end and inserting ‘‘include honor, excellence,
1
courage, and commitment.’’.
2
SEC. 529D. SEX-NEUTRAL OCCUPATIONAL PERFORMANCE
3
STANDARDS.
4
Section 543 of the National Defense Authorization
5
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
6
113 note) is amended—
7
(1) in the section heading, by striking ‘‘GEN-
8
DER-NEUTRAL’’ and inserting ‘‘SEX-NEUTRAL’’;
9
(2) in subsection (a)—
10
(A) in the subsection heading, by striking
11
‘‘GENDER NEUTRALITY’’ and inserting ‘‘SEX
12
NEUTRALITY’’;
13
(B) by striking ‘‘that is open to both male
14
and female members of the Armed Forces’’ and
15
inserting ‘‘in the Armed Forces’’;
16
(C) in paragraph (1), by striking ‘‘on the
17
basis of gender’’ and inserting ‘‘on the basis of
18
sex’’;
19
(D) by redesignating paragraphs (2) and
20
(3) as paragraphs (3) and (4), respectively;
21
(E) by inserting after paragraph (1) the
22
following new paragraph:
23
‘‘(2) shall ensure that any member of the
24
Armed Forces who meets the occupational standards
25
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for such occupational career field shall be eligible for
1
qualification, assignment, and continuance in that
2
occupational career field without differential stand-
3
ards or evaluation on the basis of sex;’’;
4
(F) in paragraph (3), as redesignated by
5
subparagraph (D), by striking ‘‘gender quota’’
6
and inserting ‘‘sex quota’’; and
7
(G) in paragraph (4), as so redesignated,
8
by inserting ‘‘men or’’ before ‘‘women’’;
9
(3) in subsection (b)—
10
(A) in the subsection heading, by striking
11
‘‘PHYSICAL’’ and inserting ‘‘OCCUPATIONAL’’;
12
and
13
(B) in paragraph (1)—
14
(i) by striking ‘‘physical requirements
15
for’’ and inserting ‘‘requirements for tech-
16
nical, tactical, cognitive, and physical abili-
17
ties, including’’;
18
(ii) by striking ‘‘strength and endur-
19
ance’’ and inserting ‘‘strength, endur-
20
ance,’’;
21
(iii) by striking ‘‘physical require-
22
ments as’’ and inserting ‘‘requirements
23
as’’;
24
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(iv) by striking ‘‘gender-neutral occu-
1
pational standard’’ and inserting ‘‘sex-neu-
2
tral occupational standard’’;
3
(v) by striking ‘‘(in the case of a ca-
4
reer designator that is open to both male
5
and
female
members
of
the
Armed
6
Forces)’’; and
7
(vi) by striking ‘‘gender-neutral basis’’
8
and inserting ‘‘sex-neutral basis’’;
9
(4) in subsection (c), by striking ‘‘gender-neu-
10
tral occupational standard’’ and inserting ‘‘sex-neu-
11
tral occupational standard’’;
12
(5) by redesignating subsection (d) as sub-
13
section (e);
14
(6) by inserting after subsection (c) the fol-
15
lowing new subsection:
16
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
17
tion shall be construed to prohibit the Secretary from re-
18
vising occupational performance standards, where such
19
standards are based on validated operational requirements
20
and applied on a sex-neutral basis.’’; and
21
(7) in subsection (e)(1), as redesignated by
22
paragraph (4)—
23
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(A) in the paragraph heading, by striking
1
‘‘GENDER-NEUTRAL’’ and inserting ‘‘SEX-NEU-
2
TRAL’’; and
3
(B) by striking ‘‘gender-neutral occupa-
4
tional standard’’ and inserting ‘‘sex-neutral oc-
5
cupational standard’’.
6
Subtitle D—Military Justice and
7
Other Legal Matters
8
SEC. 531. WRONGFUL BROADCAST OR DISTRIBUTION OF IN-
9
TIMATE VISUAL IMAGES.
10
(a) ANALYSIS REGARDING POTENTIAL REMOVAL OF
11
MILITARY MISSION
OR ENVIRONMENT
AS REQUIRED
12
ELEMENT OF OFFENSE.—The Secretary of Defense, in
13
coordination with the Joint Service Committee on Military
14
Justice, shall analyze the feasibility and advisability of
15
amending section 917a(a) of title 10, United States Code,
16
(article 117a(a) of the Uniform Code of Military Justice)
17
to remove paragraph (4) (relating to requiring as an ele-
18
ment of the offense, ‘‘conduct [that has] a reasonably di-
19
rect and palpable connection to a military mission or mili-
20
tary environment’’).
21
(b) REPORT.—Not later than December 31, 2027,
22
the Secretary of Defense shall submit to the Committees
23
on Armed Services of the Senate and the House of Rep-
24
resentatives a report detailing the results of the analysis
25
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conducted under subsection (a) and any associated rec-
1
ommendations.
2
SEC. 532. EXPANSION OF VICTIM ACCESS TO COURT OF AP-
3
PEALS FOR THE ARMED FORCES.
4
Section 806b of title 10, United States Code (article
5
6b of the Uniform Code of Military Justice), is amended—
6
(1) in subsection (e)(3), by striking subpara-
7
graph (C); and
8
(2) by adding at the end the following new sub-
9
section:
10
‘‘(g) REVIEW BY THE COURT OF APPEALS FOR THE
11
ARMED FORCES.—(1) The Court of Appeals for the
12
Armed Forces may review all decisions or dispositions
13
taken by a Court of Criminal Appeals pursuant to a peti-
14
tion filed by the victim of an offense under this chapter
15
under subsection (e) and on good cause shown.
16
‘‘(2) The Court of Appeals for the Armed Forces
17
shall take action only with respect to matters of law.
18
‘‘(3) The victim of an offense under this chapter may
19
petition the Court of Appeals for the Armed Forces for
20
review pursuant to paragraph (1) not later than 21 days
21
after the earlier of—
22
‘‘(A) the date on which the victim is notified of
23
the decision or disposition of the Court of Criminal
24
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Appeals on a petition pursuant to subsection (e);
1
and
2
‘‘(B) the date on which a copy of the decision
3
or disposition of the Court of Criminal Appeals,
4
after being served on counsel for the victim (if the
5
victim has counsel), is deposited into the United
6
States mails for delivery by first-class certified mail
7
to the victim at an address provided by the victim
8
or at the latest address listed for the victim in the
9
record of any proceedings held pursuant to section
10
830(a) or 832 of this title (article 30(a) or 32) or
11
during trial.
12
‘‘(4) Review of any decision or disposition of the
13
Court of Criminal Appeals on a petition for writ of man-
14
damus described in this subsection shall have priority in
15
the Court of Appeals for the Armed Forces, as determined
16
under the rules of the Court of Appeals for the Armed
17
Forces.’’.
18
SEC. 533. TECHNICAL AMENDMENT TO COMPLETION OF AP-
19
PELLATE REVIEW UNDER ARTICLE 57 OF THE
20
UNIFORM CODE OF MILITARY JUSTICE.
21
Section 857(c) of title 10, United States Code (article
22
57(c) of the Uniform Code of Military Justice), is amend-
23
ed—
24
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(1) by redesignating paragraph (2) as para-
1
graph (3);
2
(2) in paragraph (1)(B), by striking ‘‘Appeals
3
and—’’ and all that follows through the period at
4
the end and inserting ‘‘Appeals and the review and
5
time requirements described in paragraph (2) are
6
satisfied.’’; and
7
(3) by inserting after paragraph (1) the fol-
8
lowing new paragraph (2):
9
‘‘(2) REVIEW AND TIME REQUIREMENTS.—The
10
review and time requirements referred to in para-
11
graph (1)(B) are satisfied if any of the following ap-
12
plies:
13
‘‘(A) The time for the accused to file a pe-
14
tition for review by the Court of Appeals for the
15
Armed Forces has expired and the accused has
16
not filed a petition for such review in a timely
17
manner and the case is not otherwise under re-
18
view by that Court.
19
‘‘(B) The petition for review is withdrawn
20
by the accused.
21
‘‘(C) The petition for review having been
22
filed—
23
‘‘(i) either—
24
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‘‘(I) the petition is denied or oth-
1
erwise rejected by the Court of Ap-
2
peals for the Armed Forces; or
3
‘‘(II) the review requested by the
4
petition is completed in accordance
5
with the judgment of the Court of Ap-
6
peals for the Armed Forces; and
7
‘‘(ii) with respect to subsequent review
8
by the Supreme Court—
9
‘‘(I) a petition for a writ of cer-
10
tiorari as provided in section 1259 of
11
title 28 is not filed within the time
12
limits prescribed by the Supreme
13
Court;
14
‘‘(II) such a petition is rejected
15
by the Supreme Court;
16
‘‘(III) such a petition is with-
17
drawn by the petitioner; or
18
‘‘(IV) review is otherwise com-
19
pleted in accordance with the judg-
20
ment of the Supreme Court.’’.
21
SEC. 534. REVIEW OF COURTS-MARTIAL RECORDS.
22
(a) REVIEW WHEN DIRECT APPEAL IS WAIVED,
23
WITHDRAWN, OR NOT FILED.—Section 865(d) of title 10,
24
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United States Code (article 65(d) of the Uniform Code
1
of Military Justice), is amended—
2
(1) by striking paragraph (2);
3
(2) by redesignating paragraph (3) as para-
4
graph (2); and
5
(3) in paragraph (2), as so redesignated—
6
(A) in subparagraph (A)(ii), by striking
7
‘‘subparagraph (A), (B), or (C)’’ and inserting
8
‘‘subparagraph (A) or (B)’’; and
9
(B) in subparagraph (B), by striking ‘‘con-
10
clusions’’ and all that follows through the pe-
11
riod at the end and inserting ‘‘a conclusion on
12
each of the following matters:
13
‘‘(i) Whether the court had jurisdic-
14
tion over the accused and the offense.
15
‘‘(ii) Whether the charge and speci-
16
fication stated an offense.
17
‘‘(iii) Whether the sentence was within
18
the limits prescribed as a matter of law.’’.
19
(b) TECHNICAL CORRECTION.—Section 869(c)(2) of
20
title 10, United States Code (article 69(c)(2) of the Uni-
21
form Code of Military Justice), is amended by striking
22
‘‘section 865(b) of this title (article 65(b))’’ and inserting
23
‘‘section 865(d) of this title (article 65(d))’’.
24
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SEC. 535. AUTHORITY OF SPECIAL TRIAL COUNSEL TO
1
ENTER INTO PRETRIAL AGREEMENTS WITH
2
RESPECT TO CERTAIN OFFENSES OCCUR-
3
RING BEFORE EFFECTIVE DATE OF MILITARY
4
JUSTICE REFORMS.
5
Section 824a(c) of title 10, United States Code (arti-
6
cle 24a(c) of the Uniform Code of Military Justice), is
7
amended—
8
(1) in paragraph (3)—
9
(A) in the matter preceding subparagraph
10
(A), by striking ‘‘paragraph (5)’’ and inserting
11
‘‘paragraphs (4) and (6)’’; and
12
(B) in subparagraph (C), by inserting ‘‘or
13
pretrial agreement’’ after ‘‘plea agreement’’;
14
(2) by redesignating paragraphs (4) and (5) as
15
paragraphs (5) and (6), respectively; and
16
(3) by inserting after paragraph (3) the fol-
17
lowing new paragraph:
18
‘‘(4) PRETRIAL
AGREEMENTS.—If a special
19
trial counsel exercises authority pursuant to sub-
20
section (d) over an offense committed before Janu-
21
ary 1, 2019, the special trial counsel may enter into
22
a pretrial agreement with the accused in accordance
23
with regulations prescribed by the President. Upon
24
acceptance of such an agreement by the military
25
judge of a general or special court-martial, the
26
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agreement shall bind the parties and the convening
1
authority.’’.
2
SEC. 536. CLARIFICATION OF COURT OF CRIMINAL AP-
3
PEALS REVIEW OF SENTENCING.
4
Section 866(e)(1) of title 10, United States Code (ar-
5
ticle 66(e)(1) of the Uniform Code of Military Justice),
6
is amended—
7
(1) by amending subparagraph (B) to read as
8
follows:
9
‘‘(B) whether the portion of the sentence
10
extending to confinement is inappropriately se-
11
vere, except that in the case of an offense for
12
which the President has established a sen-
13
tencing parameter for such portion pursuant to
14
section 539E(e) of the National Defense Au-
15
thorization Act for Fiscal Year 2022 (10 U.S.C.
16
856 note), the Court may not consider such
17
portion inappropriately severe if such portion is
18
at or below the upper range of such sentencing
19
parameter;’’; and
20
(2) in subparagraph (C), by striking ‘‘the sen-
21
tence’’ and inserting ‘‘the portion of the sentence ex-
22
tending to confinement’’.
23
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SEC. 537. UPDATING SUBPOENA AUTHORITY FOR MILITARY
1
INVESTIGATIONS.
2
(a) PRE-REFERRAL SUBPOENAS FOR ELECTRONIC
3
COMMUNICATIONS.—Section 830a(a)(1)(B) of title 10,
4
United States Code (article 30a(a)(1)(B) of the Uniform
5
Code of Military Justice), is amended by striking ‘‘war-
6
rants or orders’’ and inserting ‘‘warrants, orders, or sub-
7
poenas’’.
8
(b) AUTHORITY
TO ISSUE INVESTIGATIVE SUB-
9
POENAS RELATED TO WIRE AND ELECTRONIC COMMU-
10
NICATIONS.—Section 846(d)(3) of title 10, United States
11
Code (article 46(d)(3) of the Uniform Code of Military
12
Justice), is amended—
13
(1) in the paragraph heading, by striking
14
‘‘WARRANT OR ORDER’’ and inserting ‘‘WARRANT,
15
ORDER, OR SUBPOENA’’;
16
(2) by striking ‘‘may issue warrants or court
17
orders’’ and inserting ‘‘may issue warrants, court or-
18
ders, or investigative subpoenas’’; and
19
(3) by striking ‘‘as such warrants and orders’’
20
and inserting ‘‘as such warrants, orders, or sub-
21
poenas’’.
22
SEC. 538. EXTENSION OF SPECIAL VICTIMS’ COUNSEL SERV-
23
ICES TO DOMESTIC VIOLENCE VICTIMS.
24
(a) AMENDMENTS.—Section 1044e of title 10, United
25
States Code, is amended—
26
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(1) in the section heading, by inserting ‘‘do-
1
mestic violence and’’ before ‘‘sex-related of-
2
fenses’’;
3
(2) by inserting ‘‘domestic violence or’’ before
4
‘‘sex-related offense’’ each place it appears;
5
(3) in subsection (b)(3), by striking ‘‘domestic
6
abuse advocate’’ and inserting ‘‘domestic abuse vic-
7
tim advocate’’;
8
(4) in subsection (f)(1), by inserting ‘‘domestic
9
abuse victim advocate,’’ after ‘‘healthcare provider,’’;
10
and
11
(5) in subsection (h)—
12
(A) in the subsection heading, by inserting
13
‘‘DOMESTIC VIOLENCE
OR’’ before ‘‘SEX-RE-
14
LATED OFFENSE’’; and
15
(B) in paragraph (1), by striking ‘‘or 930
16
of this title (article 120, 120b, 120c,’’ and in-
17
serting ‘‘928b, or 930 of this title (article 120,
18
120b, 120c, 128b,’’.
19
(b) EFFECTIVE DATE.—The amendments made by
20
subsection (a) shall take effect two years after the date
21
of the enactment of this Act.
22
(c) BRIEFING.—Not later than one year after the
23
date of the enactment of this Act, the Secretary of Defense
24
shall provide a briefing to the Committees on Armed Serv-
25
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ices of the Senate and the House of Representatives on
1
the implementation of policies and procedures to carry out
2
the changes required pursuant to subsection (a).
3
SEC. 539. TREATMENT OF HAZING UNDER UNIFORM CODE
4
OF MILITARY JUSTICE.
5
(a) ANALYSIS REQUIRED.—
6
(1) IN GENERAL.—The Secretary of Defense, in
7
coordination with the Joint Service Committee on
8
Military Justice, shall analyze the feasibility and ad-
9
visability of, and develop recommendations with re-
10
spect to, modifying chapter 47 of title 10, United
11
States Code (the Uniform Code of Military Justice)
12
to provide for one or more of the following changes:
13
(A) To establish hazing as a sentence
14
modifier for offenses where hazing was present.
15
(B) To establish hazing as a lesser in-
16
cluded offense under section 893 of title 10,
17
United States Code (article 93 of the Uniform
18
Code of Military justice; relating to cruelty and
19
maltreatment).
20
(C) To establish another method of codi-
21
fying hazing as a standalone punitive article of
22
the Uniform Code of Military Justice.
23
(2) HAZING DEFINITION.—As part of the anal-
24
ysis conducted under paragraph (1), the Secretary
25
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shall develop a proposed definition of the term ‘‘haz-
1
ing’’ for purposes of such modifier, article, or alter-
2
native.
3
(b) REPORT.—Not later than 270 days after the date
4
of the enactment of this Act, the Secretary of Defense
5
shall submit to the Committees on Armed Services of the
6
Senate and the House of Representatives a report on the
7
results of the analysis under subsection (a), including a
8
justification for any decision not to codify hazing as a pu-
9
nitive article under the Uniform Code of Military Justice.
10
SEC. 539A. NOTIFICATION OF THE ISSUANCE OR TERMI-
11
NATION OF MILITARY PROTECTIVE ORDERS
12
TO VICTIMS OF DOMESTIC VIOLENCE OR SEX-
13
UAL ASSAULT.
14
Section 1567a of title 10, United States Code, is
15
amended—
16
(1) in the section heading, by inserting ‘‘and
17
victims of domestic abuse or sexual as-
18
sault’’ after ‘‘civilian law enforcement’’;
19
(2) in subsection (a), by inserting ‘‘and, in a
20
case involving domestic abuse or sexual assault, the
21
victim or requesting individual,’’ after ‘‘appropriate
22
civilian authorities’’; and
23
(3) in subsection (c), by inserting ‘‘and, in a
24
case involving domestic abuse or sexual assault, the
25
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victim or requesting individual,’’ after ‘‘appropriate
1
civilian authorities’’.
2
SEC. 539B. MILITARY DOMESTIC VIOLENCE EMERGENT
3
HOUSING POLICY.
4
(a) IN GENERAL.—The Secretary of Defense shall es-
5
tablish and implement Department of Defense policy to
6
require commanders, in response to domestic violence re-
7
ports or complaints, to make an initial determination as
8
to the credibility of the report or complaint. If the report
9
is deemed credible, in consultation with the victim, the
10
commander should—
11
(1) impose military protective orders; and
12
(2) whenever practicable, separate the victim
13
and the alleged offender into separate housing;
14
(b) BRIEFING.—Not later than 90 days after the date
15
of the enactment of this Act, the Department of Defense
16
shall provide a briefing to the Committees on Armed Serv-
17
ices of the Senate and the House of Representatives con-
18
cerning any additional authorities necessary to properly
19
implement the policy referenced in subsection (a), as well
20
as the establishment of a process to maintain emergent
21
housing entitlements to basic allowance for housing or
22
military housing units in support of domestic violence vic-
23
tims for up to 180 days.
24
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SEC. 539C. ANNUAL REPORT ON FINDINGS OF THE DEPART-
1
MENT-WIDE
REVIEW
OF
THE
MILITARY
2
LEGAL SYSTEM.
3
(a) REPORT.—
4
(1) IN GENERAL.—Not later than December 1,
5
2027, and annually thereafter by December 1
6
through 2031, the Secretary of Defense, acting
7
through the General Counsel of the Department of
8
Defense, shall submit to the congressional defense
9
committees a comprehensive report on the findings,
10
recommendations, and implementation status of the
11
Department-wide review of the military legal system
12
initiated pursuant to the Secretary of Defense
13
memorandum dated May 8, 2026.
14
(2) ELEMENTS.—The report required under
15
paragraph (1) shall include the following elements:
16
(A) A detailed summary of the reviews
17
conducted by the special review panel estab-
18
lished by the General Counsel, including a list
19
of all final recommendations submitted to the
20
Secretary during the preceding fiscal year.
21
(B) Details on the specific timeline, imple-
22
mentation status, and systemic changes exe-
23
cuted or planned by the Department based on
24
the panel’s recommendations.
25
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(C) An assessment of how any administra-
1
tive, structural, or policy changes resulting from
2
the review impact the statutory independence
3
and authorities of the special trial counsel es-
4
tablished under part I of subtitle D of title V
5
of the National Defense Authorization Act for
6
Fiscal Year 2022 (Public Law 117–81; 135
7
Stat. 1692).
8
(D) The specific metrics, criteria, and legal
9
justifications used to differentiate ‘‘operational’’
10
military legal workloads from ‘‘civilian’’ work-
11
loads, alongside a quantification of any legal
12
personnel or billets shifted from military to ci-
13
vilian oversight.
14
(E) A summary of the comparative data
15
and criteria used by the Department to bench-
16
mark the military legal system against the De-
17
partment of Justice and State criminal justice
18
systems, including any findings on system effi-
19
ciencies or deficiencies.
20
(F) An evaluation of how proposed changes
21
affect the professional responsibility, rating
22
chains, and statutory duty of the Judge Advo-
23
cates General of the Armed Forces to provide
24
independent legal advice.
25
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(3) FORM.—The report required under para-
1
graph (1) shall be submitted in unclassified form,
2
but may include a classified annex if necessary.
3
(b) BRIEFING REQUIREMENT.—The Secretary of De-
4
fense shall brief the congressional defense committees not
5
later than 30 days after implementing any changes based
6
on the recommendations of the panel and review described
7
in subsection (a)(1).
8
SEC. 539D. CLARIFICATION OF AUTHORITY TO ORDER TO
9
ACTIVE-DUTY CERTAIN PERSONS SUBJECT
10
TO THE UNIFORM CODE OF MILITARY JUS-
11
TICE FOR MATTERS RELATING TO OFFENSES
12
DURING SPECIFIED PERIODS INCIDENT TO
13
INACTIVE-DUTY TRAINING.
14
(a)
PERSONS
SUBJECT
TO
UCMJ.—Section
15
802(d)(2)(B) of title 10, United States Code (article
16
2(d)(2)(B) of the Uniform Code of Military Justice), is
17
amended by inserting ‘‘or during a period specified in sub-
18
section (a)(3)(B)’’ after ‘‘on inactive-duty training’’.
19
(b) JURISDICTION TO TRY CERTAIN PERSONNEL.—
20
Section 803(d) of such title (article 3(d) of the Uniform
21
Code of Military Justice) is amended—
22
(1) by inserting ‘‘or a period specified in section
23
802(a)(3)(B) of this title (article 2(a)(3)(B))’’ after
24
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‘‘a period of active duty or inactive-duty training’’;
1
and
2
(2) by striking ‘‘of active-duty or inactive-duty
3
training’’ before the period at the end.
4
SEC. 539E. INAPPLICABILITY TO RETIRED MEMBERS OF PU-
5
NITIVE
ARTICLES
AFFECTING
POLITICAL
6
SPEECH.
7
Section 802 of title 10, United States Code (article
8
2 of the Uniform Code of Military Justice) is amended—
9
(1) in subsection (a), by striking ‘‘The following
10
persons’’ and inserting ‘‘Except as provided in sub-
11
section (e), the following persons’’;
12
(2) by redesignating subsection (e) as sub-
13
section (f); and
14
(3) by inserting after subsection (d) the fol-
15
lowing new subsection:
16
‘‘(e)(1) With respect to members to whom the provi-
17
sions of this chapter are made applicable by paragraphs
18
(4), (5), (6), and (14) of subsection (a), except as provided
19
in paragraph (2) of this subsection, the provisions of sub-
20
chapter X shall not be applicable to any—
21
‘‘(A) conduct of such members which con-
22
stitutes or pertains to political speech;
23
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‘‘(B) expressions pertaining to the actions,
1
character, motivations, qualifications, or other at-
2
tributes of government officials; or
3
‘‘(C) statements of the law.
4
‘‘(2) The exception under paragraph (1) shall not
5
apply to a member—
6
‘‘(A) to whom this chapter is applicable under
7
a paragraph of subsection (a) other than one of the
8
paragraphs referenced in paragraph (1) of this sub-
9
section; or
10
‘‘(B) who is wearing a military uniform.’’.
11
Subtitle E—Member Education,
12
Training, and Transition
13
SEC. 541. LIMITATION ON AUTHORITY TO REORGANIZE THE
14
SENIOR
RESERVE
OFFICERS’
TRAINING
15
CORPS.
16
(a) LIMITATIONS.—
17
(1) BRIEFING
PRIOR
TO
REORGANIZATION.—
18
The Secretary of the Army, the Secretary of the
19
Navy, and the Secretary of the Air Force may not
20
reorganize a unit of the program of their respective
21
military service until the date that is 90 days after
22
the date on which the Secretary provides to the
23
Committees on Armed Services of the Senate and
24
House of Representatives a briefing with respect to
25
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the reorganization of such unit that includes the fol-
1
lowing:
2
(A) Each position of such unit to be elimi-
3
nated.
4
(B) A risk analysis regarding the impact of
5
the reorganization on officer accessions that
6
justifies such reorganization.
7
(C) Anticipated cost savings or expenses to
8
the United States.
9
(D) The number of members of the pro-
10
gram affected by the reorganization, including
11
the number of members who will have to travel
12
to another educational institution to participate
13
in the program after the reorganization.
14
(E) Any change to a scholarship awarded
15
under section 2107 or 2107a of title 10, United
16
States Code, due to the reorganization.
17
(2) COMPLETION OF COMMISSIONING REQUIRE-
18
MENTS BY CURRENT STUDENTS.—The Secretary of
19
the Army, the Secretary of the Navy, and the Sec-
20
retary of the Air Force shall ensure that any reorga-
21
nization of a unit of the program of their respective
22
military service allows a member of the program re-
23
ceiving financial assistance under section 2107 or
24
2107a of title 10, United States Code, who is af-
25
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fected by such reorganization to complete any re-
1
quirements for receiving a commission as an officer
2
in the military service without the member being re-
3
quired to transfer to another educational institution.
4
(b) DEFINITIONS.—In this section:
5
(1) The terms ‘‘program’’ and ‘‘member of the
6
program’’ have the meanings given such terms in
7
section 2101 of title 10, United States Code.
8
(2) The term ‘‘reorganize’’, with respect to a
9
unit of the program, includes closing, restructuring,
10
reclassifying, merging, or realigning.
11
SEC. 542. DISCHARGE OF MIDSHIPMEN FOR UNSATISFAC-
12
TORY CONDUCT OR INAPTITUDE.
13
Section 8462 of title 10, United States Code, is
14
amended—
15
(1) in subsection (a)—
16
(A) by striking ‘‘Superintendent of the
17
Naval Academy’’ and all that follows through
18
‘‘report of the facts—’’ and inserting ‘‘Sec-
19
retary of the Navy may discharge a mid-
20
shipman from the Naval Academy and from the
21
naval service—’’;
22
(B) in paragraph (1), by striking ‘‘Super-
23
intendent’’ and inserting ‘‘Secretary’’; and
24
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(C) in paragraph (2), by striking ‘‘Aca-
1
demic Board unanimously determines’’ and in-
2
serting ‘‘Secretary determines’’; and
3
(2) by amending subsection (b) to read as fol-
4
lows:
5
‘‘(b) The authority of the Secretary under subsection
6
(a) may be delegated to the Superintendent of the Naval
7
Academy.’’.
8
SEC. 543. MODIFICATION TO PROGRAM ON ENCOURAGE-
9
MENT OF POSTSEPARATION PUBLIC AND
10
COMMUNITY SERVICE.
11
(a) MODIFICATION OF APPLICABILITY OF REPEALED
12
SECTION.—Section 553(c)(2) of the John S. McCain Na-
13
tional Defense Authorization Act for Fiscal Year 2019
14
(Public Law 115–232; 132 Stat. 1773) is amended by
15
striking ‘‘The repeal made under paragraph (1)’’ and in-
16
serting ‘‘The amendments made by this section’’.
17
(b) EFFECTIVE DATE.—The amendment made by
18
subsection (a) shall take effect as if included in the enact-
19
ment of the John S. McCain National Defense Authoriza-
20
tion Act for Fiscal Year 2019 (Public Law 115–232).
21
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SEC. 544. LIMITED AUTHORITY TO WAIVE TIME-IN-GRADE
1
REQUIREMENT
FOR
SERVICE
ACADEMY
2
GRADUATES DETAILED AS STUDENTS AT LAW
3
SCHOOLS.
4
Section 2004 of title 10, United States Code, is
5
amended—
6
(1) in subsection (a)(2), by striking ‘‘Not more
7
than 25 officers and enlisted members from each
8
military department’’ and inserting ‘‘Not more than
9
35 members from each military service’’; and
10
(2) in subsection (c)—
11
(A) by inserting ‘‘(1)’’ before ‘‘Officers and
12
enlisted members’’; and
13
(B) by adding at the end the following new
14
paragraph:
15
‘‘(2) The Secretaries of the military departments are
16
authorized to waive the time in service minimum of two
17
years in subsection (b)(1)(A)(i) for up to five officers who
18
are graduates of the United States Military Academy es-
19
tablished under section 7431 of title 10, United States
20
Code, up to five officers who are graduates of the Air
21
Force Academy established under section 9431 of title 10,
22
United States Code, and up to five officers who are grad-
23
uates of the Naval Academy established under section
24
8451 of title 10, United States Code, respectively.’’.
25
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SEC. 545. ELIMINATION OF THE RIGHT OF CADETS TO
1
AUTOMATIC REEXAMINATION.
2
(a) UNITED STATES MILITARY ACADEMY.—Section
3
7451 of title 10, United States Code, is amended—
4
(1) by striking subsection (b);
5
(2) by redesignating subsection (c) as sub-
6
section (b); and
7
(3) in subsection (b), as so redesignated, by
8
striking ‘‘the course’’ and inserting ‘‘a course’’.
9
(b) UNITED STATES AIR FORCE ACADEMY.—Section
10
9451 of title 10, United States Code, is amended—
11
(1) by striking subsection (b);
12
(2) by redesignating subsection (c) as sub-
13
section (b); and
14
(3) in subsection (b), as so redesignated, by
15
striking ‘‘the course’’ and inserting ‘‘a course’’.
16
(c) EFFECTIVE DATE.—The amendments made by
17
this section shall apply to the first academic year begin-
18
ning after the date of the enactment of this Act.
19
SEC. 546. REVISION TO DECISION TIMEFRAME FOR EXPE-
20
DITED TRANSFERS AT THE MILITARY SERV-
21
ICE ACADEMIES.
22
(a) UNITED STATES MILITARY ACADEMY.—Sub-
23
section (e)(2)(C)(i) of section 7461 of title 10, United
24
States Code, is amended by striking ‘‘72 hours’’ each place
25
it appears and inserting ‘‘five calendar days’’.
26
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(b) UNITED STATES NAVAL ACADEMY.—Subsection
1
(e)(2)(C)(i) of section 8480 of title 10, United States
2
Code, is amended by striking ‘‘72 hours’’ each place it ap-
3
pears and inserting ‘‘five calendar days’’.
4
(c) UNITED STATES AIR FORCE ACADEMY.—Sub-
5
section (e)(2)(C)(i) of section 9461 of title 10, United
6
States Code, is amended by striking ‘‘72 hours’’ each place
7
it appears and inserting ‘‘five calendar days’’.
8
SEC. 547. ESTABLISHMENT OF PROGRAM TO PROMOTE
9
PARTICIPATION OF FOREIGN STUDENTS IN
10
THE SENIOR RESERVE OFFICERS’ TRAINING
11
CORPS.
12
(a) ESTABLISHMENT.—
13
(1) IN GENERAL.—Not later than January 1,
14
2028, the Secretary of Defense shall establish a pro-
15
gram using the authority provided under section
16
2103(b) of title 10, United States Code, to promote
17
the participation of foreign students in the Senior
18
Reserve Officers’ Training Corps (in this section re-
19
ferred to as the ‘‘Program’’).
20
(2) ORGANIZATION.—The Secretary of Defense,
21
in consultation with the Director of the Defense Se-
22
curity Cooperation Agency, the Secretaries of the
23
military departments, the commanders of the com-
24
batant commands, the participant institutions in the
25
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Senior Reserve Officers’ Training Corps program,
1
and any other individual the Secretary of Defense
2
considers appropriate, shall be responsible for, and
3
shall oversee, the Program.
4
(b) OBJECTIVE.—The objective of the Program is to
5
promote the readiness and interoperability of the United
6
States Armed Forces and the military forces of partner
7
countries by providing a high-quality, cost effective mili-
8
tary-based educational experience for foreign students in
9
furtherance of the military-to-military program objectives
10
of the Department of Defense and to enhance the edu-
11
cational experience and preparation of future United
12
States military leaders through increased, extended inter-
13
action with highly qualified potential foreign military lead-
14
ers.
15
(c) ACTIVITIES.—
16
(1) IN
GENERAL.—Under the Program, the
17
Secretary of Defense shall—
18
(A) identify to the military services’ Senior
19
Reserve Officers’ Training Corps program the
20
foreign students who, based on criteria estab-
21
lished by the Secretary, the Secretary rec-
22
ommends be considered for admission under the
23
Program;
24
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(B) coordinate with partner countries to
1
evaluate interest in and promote awareness of
2
the Program;
3
(C) establish a mechanism for tracking an
4
alumni network of foreign students who partici-
5
pate in the Program; and
6
(D) to the extent practicable, work with
7
the participant institutions in the Senior Re-
8
serve Officers’ Training Corps program and
9
partner countries to identify academic institu-
10
tions and programs that—
11
(i) have specialized academic pro-
12
grams in areas of study of interest to par-
13
ticipating countries; or
14
(ii) have high participation from or
15
significant diaspora populations from par-
16
ticipating countries.
17
(d) STRATEGY.—
18
(1) IN GENERAL.—Not later than September
19
30, 2027, the Secretary of Defense shall submit to
20
the Committee on Armed Services of the Senate and
21
the Committee on Armed Services of the House of
22
Representatives a strategy for the implementation of
23
the Program.
24
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(2) ELEMENTS.—The strategy required by
1
paragraph (1) shall include the following elements:
2
(A) A governance structure for the Pro-
3
gram, including—
4
(i) the officials tasked to oversee the
5
Program;
6
(ii) the format of the governing body
7
of the Program;
8
(iii) the functions and duties of such
9
governing body with respect to establishing
10
and maintaining the Program; and
11
(iv) mechanisms for coordinating with
12
partner countries whose students are se-
13
lected to participate in the Program.
14
(B) A list of additional authorities, appro-
15
priations, or other congressional support nec-
16
essary to ensure the success of the Program.
17
(C) A description of targeted partner coun-
18
tries and participant institutions in the Senior
19
Reserve Officers’ Training Corps for the first
20
three fiscal years of the Program, including a
21
rationale for selecting such initial partners.
22
(D) A description of opportunities and po-
23
tential timelines for future Program expansion,
24
as appropriate.
25
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(E) A description of the mechanism for
1
tracking the alumni network of participants of
2
the Program.
3
(F) Any other information the Secretary of
4
Defense considers appropriate.
5
(e) REPORT.—
6
(1) IN GENERAL.—Not later than September
7
20, 2028, and annually thereafter, the Secretary of
8
Defense shall submit to the congressional defense
9
committees (as that term is defined in section 101
10
of title 10, United States Code) a report on the Pro-
11
gram.
12
(2) ELEMENTS.—Each report required by para-
13
graph (1) shall include the following elements:
14
(A) A narrative summary of activities con-
15
ducted as part of the Program during the pre-
16
ceding fiscal year.
17
(B) An overview of participant Senior Re-
18
serve Officers’ Training Corps programs, indi-
19
viduals, and countries, to include a description
20
of the areas of study entered into by the stu-
21
dents participating in the Program.
22
(C) A description of opportunities and po-
23
tential timelines for future Program expansion,
24
as appropriate.
25
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(D) Any other information the Secretary of
1
Defense considers appropriate.
2
(f) LIMITATION ON AUTHORITY.—The Secretary of
3
Defense may not use the authority provided under this
4
section to pay for tuition or room and board for foreign
5
students who participate in the Program.
6
(g) TERMINATION.—The Program shall terminate on
7
December 31, 2032.
8
SEC. 548. DESIGNATION OF SENIOR OFFICIAL FOR MILI-
9
TARY-TO-CIVILIAN TRANSITION.
10
(a) IN GENERAL.—Chapter 58 of title 10, United
11
States Code, is amended by adding at the end the fol-
12
lowing new section:
13
‘‘§ 1156. Senior official for military-to-civilian transi-
14
tion
15
‘‘(a) DESIGNATION.—The Under Secretary of De-
16
fense for Personnel and Readiness shall designate a senior
17
official of the Department of Defense to oversee policy and
18
programs related to the transition of members of the
19
armed forces from active duty to civilian life or reserve
20
components.
21
‘‘(b)
QUALIFICATIONS.—The
official
designated
22
under paragraph (1) shall be designated from among indi-
23
viduals with appropriate experience in military personnel
24
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policy, transition assistance, veterans’ affairs, or related
1
matters.
2
‘‘(c) ROLE, RESPONSIBILITY, AND AUTHORITY.—(1)
3
Subject to paragraph (2), the Under Secretary of Defense
4
for Personnel and Readiness shall prescribe the roles, re-
5
sponsibilities, and authorities of the official designated
6
under subsection (a).
7
‘‘(2) The roles, responsibilities, and authorities pre-
8
scribed under paragraph (1) shall include, with respect to
9
the transition of members of the armed forces from active
10
duty to civilian life and reserve components and the fami-
11
lies of such members experiencing such transition—
12
‘‘(A) serving as the principal advisor to the
13
Under Secretary of Defense for Personnel and Read-
14
iness on policies, operations, and programs and ac-
15
tivities relating to the transition of members;
16
‘‘(B) assisting the Under Secretary of Defense
17
for Personnel and Readiness with policies, oper-
18
ations, and programs and activities relating to the
19
transition of members;
20
‘‘(C) working, in consultation with the Sec-
21
retary of Veterans Affairs, the Secretary of Labor,
22
and the Secretary of Education, to improve the effi-
23
ciency and effectiveness of all activities relating to
24
the transition of members;
25
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‘‘(D) serving as the principal coordinator for
1
military-to-civilian transition policy within the De-
2
partment of Defense, with the mission of coordi-
3
nating and overseeing the effectiveness of transition
4
programs of the Department of Defense and ensur-
5
ing all members of the armed forces are well
6
equipped for civilian life or the reserve components,
7
as the case may be;
8
‘‘(E) overseeing the implementation of transi-
9
tion programs in the Department of Defense;
10
‘‘(F) conducting a review and assessment of all
11
transition programs and services offered by the De-
12
partment of Defense, including the programs under
13
this chapter, and proposing legislative or administra-
14
tive action—
15
‘‘(i) to improve the efficacy and efficiency
16
of the programs; and
17
‘‘(ii) to ensure compliance with all legal re-
18
quirements related to transition assistance; and
19
‘‘(G) working with Federal agencies, State and
20
local governments, and nongovernmental organiza-
21
tions to improve the delivery of transition support
22
services to members and families of members.’’.
23
(b) IMPLEMENTATION AND BRIEFING.—
24
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(1) IMPLEMENTATION.—The Under Secretary
1
of Defense for Personnel and Readiness shall des-
2
ignate a senior official under section 1156(a) of title
3
10, United States Code, as added by subsection (a)
4
of this section, not later than 90 days after the date
5
of the enactment of this Act.
6
(2) BRIEFING.—Not later than 90 days after
7
the date of the enactment of this Act, the Secretary
8
of Defense shall provide a briefing to the congres-
9
sional defense committees on—
10
(A) the status of the designation of the of-
11
ficial described under subsection (1); and
12
(B) the implementation of the roles, re-
13
sponsibilities, and authorities of such official.
14
SEC. 549. PAYMENT OF TUITION FOR OFF-DUTY TRAINING
15
OR EDUCATION.
16
(a) AUTHORITY.—Section 2007 of title 10, United
17
States Code, is amended—
18
(1) in the section heading, by inserting ‘‘and
19
institution fees’’ after ‘‘Payment of tui-
20
tion’’;
21
(2) in subsection (a), by striking ‘‘or expenses’’
22
and inserting ‘‘, expenses, or institution fees’’; and
23
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(3) in subsection (c), by striking ‘‘or expenses’’
1
each place it appears and inserting ‘‘, expenses, or
2
institution fees’’.
3
(b) INCREASE IN PER-SEMESTER-HOUR CAP.—The
4
Secretary of Defense may prescribe regulations increasing
5
the per-semester-hour cap for tuition assistance offered by
6
the military services to not more than $350 per semester-
7
hour.
8
(c) ANNUAL REPORT.—
9
(1) IN
GENERAL.—Not later than one year
10
after the date of the enactment of this Act, and an-
11
nually thereafter, the Secretary of Defense shall sub-
12
mit to the congressional defense committees a report
13
on Off-Duty and Voluntary Education and Training
14
Account (‘‘Accounts’’) outcomes.
15
(2) ELEMENTS.—The report required under
16
paragraph (1) shall include the following elements:
17
(A) Fiscal, volume, compliance, and dis-
18
tribution metrics.
19
(B) Metrics linking investment in the Ac-
20
counts to outcomes including educational at-
21
tainment, recruitment/retention, mission readi-
22
ness, and transition readiness.
23
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(C) An analysis of compliance with sec-
1
tions 2005, 2006a, and 2007 of title 10, United
2
States Code.
3
(D) An analysis of the severability of an-
4
nual ceiling requirements from per-semester-
5
hour caps under part 68 of title 32, Code of
6
Federal Regulations.
7
SEC. 549A. IMPROVEMENT OF TRANSITION OF MEDICS IN
8
THE ARMED FORCES TO THE CIVILIAN WORK-
9
FORCE IN HEALTH CARE OCCUPATIONS.
10
(a) RECOMMENDATIONS REQUIRED.—The Secretary
11
of Defense, in consultation with each of the States
12
(through the Defense-State Liaison Office of the Depart-
13
ment of Defense), the Secretary of Veterans Affairs, the
14
Secretary of Health and Human Services, the Secretary
15
of Labor, and the Secretary of Homeland Security (with
16
respect to matters concerning the Coast Guard when it
17
is not operating as a service in the Department of the
18
Navy), shall develop recommendations to improve the
19
transition of medics serving in the Armed Forces into the
20
civilian workforce in health care occupations, including as
21
certified nurse aides, licensed practical nurses, or medical
22
assistants.
23
(b) CONSIDERATIONS.—In carrying out subsection
24
(a), the Secretary of Defense shall—
25
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(1) identify any barriers—
1
(A) to improving the ability of the Sec-
2
retary to determine and communicate how the
3
military credentials and experience of a medic
4
separating from the Armed Forces translate to
5
credentialed civilian employment in health care
6
occupations;
7
(B) that exist to the standardization
8
among the Armed Forces of military medic cre-
9
dentials and experience and the alignment of
10
such credentials and experience to credentialed
11
civilian employment in health care occupations;
12
(C) that exist to ensuring members of the
13
Armed Forces with military medic credentials
14
and experience have earned the equivalent civil-
15
ian credential prior to separation from the
16
Armed Forces in addition to receiving their
17
military credentials;
18
(D) to the increased establishment and up-
19
take of accelerated or bridge programs to assist
20
separating members of the Armed Forces in
21
translating military credentials and experience
22
into civilian health care credentials and employ-
23
ment;
24
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(E) to increasing the availability and ac-
1
cessibility of preparatory activities under the
2
SkillBridge program established under section
3
1143(e) of title 10, United States Code, in the
4
health care sector for members of the Armed
5
Forces preparing for separation, to include—
6
(i) the approval timeline for sepa-
7
rating
members
to
participate
in
8
SkillBridge programs in the health care
9
sector; and
10
(ii) requirements to return to their
11
duty station for out-processing; and
12
(F) to providing information on civilian
13
health care credentials and employment under
14
the Transition Assistance Program to medics
15
separating from the Armed Forces, including
16
information on State-by-State licensing and
17
credentialing; and
18
(2) consider the potential impact of—
19
(A) clarification by States through legisla-
20
tion, actions of State licensing boards, or ac-
21
tions of State credentialing boards of the civil-
22
ian equivalents of certain military credentials
23
and experience in health care;
24
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(B) implementation, including through
1
State-provided incentives, of accelerated pro-
2
grams to bridge military medic credentials and
3
experience with civilian health care credentials
4
and licenses;
5
(C) financial support or incentives by
6
States to increase the availability and accessi-
7
bility of such programs;
8
(D) requiring the military departments to
9
align military health care credentials with civil-
10
ian equivalents; and
11
(E) tracking and reporting, in consultation
12
with the Secretary of Veterans Affairs, the Sec-
13
retary of Labor, and the Secretary of Homeland
14
Security (with respect to matters concerning
15
the Coast Guard when it is not operating as a
16
service in the Department of the Navy), the
17
number of separated members of the Armed
18
Forces with health care-related military creden-
19
tials and experience who continue in the civilian
20
health care sector, including the type of employ-
21
ment they pursue.
22
(c) REPORT.—Not later than 180 days after the date
23
of the enactment of this Act, the Secretary of Defense
24
shall submit to the Committees on Armed Services of the
25
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Senate and the House of Representatives a report con-
1
taining—
2
(1) the recommendations developed under sub-
3
section (a); and
4
(2) a plan to implement those recommenda-
5
tions.
6
(d) DEFINITIONS.—In this section:
7
(1) MEDIC.—The term ‘‘medic’’ means a mem-
8
ber of the Armed Forces acting in a clinical health
9
care-related occupation while serving in the Armed
10
Forces.
11
(2) STATE.—The term ‘‘State’’ means each of
12
the several States, the District of Columbia, the
13
Commonwealth of Puerto Rico, the United States
14
Virgin Islands, Guam, American Samoa, or the
15
Commonwealth of the Northern Mariana Islands
16
that have a Defense-State Liaison Office.
17
(3) TRANSITION
ASSISTANCE
PROGRAM.—The
18
term ‘‘Transition Assistance Program’’ means the
19
program of the Department of Defense for pre-sepa-
20
ration counseling, employment assistance, and other
21
transitional services provided under sections 1142
22
and 1144 of title 10, United States Code.
23
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SEC. 549B. STANDARDS AND REQUIREMENTS FOR INSTITU-
1
TIONS OF HIGHER LEARNING SEEKING TO
2
PARTICIPATE IN DEPARTMENT OF DEFENSE
3
EDUCATION PROGRAMS.
4
(a)
PROHIBITION
ON
CATEGORICAL
RESTRIC-
5
TIONS.—Except as provided in subsection (c), the Sec-
6
retary of Defense may not, by any policy or other action—
7
(1) prohibit or otherwise restrict the Depart-
8
ment of Defense or the military departments from
9
permitting servicemembers to participate in an eligi-
10
ble program at an eligible institution of higher edu-
11
cation, as a means to complete an eligible program,
12
including any constituent subsidiary or subelement
13
of such institution, regardless of the source of funds
14
used by the member to pay tuition, fees, or related
15
expenses; or
16
(2) deny covered funds to members of the
17
Armed Forces who are otherwise eligible for such as-
18
sistance, or deny covered support to any such mem-
19
ber, on the basis that the member has applied to,
20
enrolled in, attends, or has completed an eligible
21
program at an eligible institution of higher edu-
22
cation, including any constituent subsidiary or sub-
23
element of such institution.
24
(b) DEFINITIONS.—In this section:
25
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(1) COVERED
FUNDS.—The term ‘‘covered
1
funds’’ means any program, appropriation, or other
2
authority of the Department of Defense to pay, re-
3
imburse, or otherwise provide financial assistance for
4
education or training of members of the Armed
5
Forces, including under section 2007 of title 10,
6
United States Code, and any successor authority.
7
(2) COVERED
SUPPORT.—The term ‘‘covered
8
support’’ means any Department of Defense funding
9
or facilitation of a member’s participation in edu-
10
cation or training conducted in whole or in part at
11
an institution of higher education, whether full-time
12
or part-time, other than professional military edu-
13
cation programs conducted by the Department of
14
Defense.
15
(3) ELIGIBLE INSTITUTION OF HIGHER EDU-
16
CATION DEFINED.—The term ‘‘eligible institution of
17
higher education’’ means an institution that—
18
(A) is accredited, and maintains accredita-
19
tion in good standing, by an accrediting agency
20
or association recognized by the Secretary of
21
Education under part H of title IV of the High-
22
er Education Act of 1965 (20 U.S.C. 1099b et
23
seq.); and
24
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(B)(i) operates a program authorized in
1
section 2006a(a) of title 10, United States
2
Code; or
3
(ii) offers or administers an eligible pro-
4
gram under paragraph (4).
5
(4) ELIGIBLE
PROGRAM.—The term ‘‘eligible
6
program’’ means—
7
(A) an educational program authorized by
8
law and established by the Department of De-
9
fense under which the Department is authorized
10
to provide covered funds or covered support; or
11
(B) a fellowship, scholarship, degree, cer-
12
tificate, medical residency, grant, or other
13
training or education program in which mem-
14
bers of the Armed Forces are authorized to par-
15
ticipate that is funded through—
16
(i) covered funds;
17
(ii) personal funds;
18
(iii) authorized outside fellowships,
19
scholarships, or grants; or
20
(iv) any combination of sources de-
21
scribed in clauses (i) though (iii).
22
(c) LIMITED EXCEPTIONS FOR CAUSE; TERMINATION
23
OR SUSPENSION OF INSTITUTIONAL ELIGIBILITY.—
24
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(1) IN GENERAL.—The Secretary may restrict
1
attendance under subsection (a)(1), or suspend or
2
terminate the availability of covered funds or covered
3
support under subsection (a)(2), with respect to an
4
otherwise eligible institution of higher education if—
5
(A) the institution has materially failed to
6
comply with specific terms of a memorandum of
7
understanding, contract, or other educational
8
partnership agreement applicable to the eligible
9
program;
10
(B) the restriction, suspension, or termi-
11
nation is required to address a specific,
12
articulable national security risk;
13
(C) the restriction, suspension, or termi-
14
nation is required by a provision of Federal law
15
or is undertaken upon mutual written agree-
16
ment between the Department and the institu-
17
tion; or
18
(D) the institution has been convicted of,
19
or has been the subject of a final civil judgment
20
that the institution violated—
21
(i) the Arms Export Control Act (22
22
U.S.C. 2751 et seq.) or regulations issued
23
thereunder;
24
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(ii) the Export Control Reform Act of
1
2018 (50 U.S.C. 4801 et seq.) or regula-
2
tions issued thereunder;
3
(iii) the International Emergency Eco-
4
nomic Powers Act (50 U.S.C. 1701 et seq.)
5
or regulations issued thereunder; or
6
(iv) Section 1831 of title 18, United
7
States Code (economic espionage).
8
(2) LEAST DISRUPTIVE MEANS; PROSPECTIVE
9
APPLICATION.—Any action under paragraph (1)
10
shall be narrowly tailored and implemented using
11
the least disruptive means practicable, including to
12
the maximum extent practicable, applying such ac-
13
tion prospectively and permitting enrolled students
14
to finish their current course of study.
15
(d) NOTICE.—In the event that the Secretary believes
16
that a ‘‘for cause’’ exception has been triggered under sub-
17
section (c), the Secretary shall provide for the following:
18
(1) Not later than 90 days before the proposed
19
termination date, the Secretary shall provide to the
20
Committees on Armed Services of the Senate and
21
the House of Representatives and the affected insti-
22
tution written notification, including—
23
(A) the proposed termination date; and
24
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(B) the factual basis for suspension or ter-
1
mination under subsection (c).
2
(2) The Secretary shall provide an opportunity
3
for the institution to appeal or dispute the findings
4
and cure any material deficiencies in the written no-
5
tification within 30 days of receipt of such notifica-
6
tion. If at any point the institution demonstrates
7
that they have cured the issue, the Secretary shall
8
re-evaluate the suspension or termination and deter-
9
mine whether the institution has addressed the ma-
10
terial deficiencies.
11
(e) RULE OF CONSTRUCTION.—Participation in De-
12
partment of Defense education programs and activities by
13
institutions of higher education shall be determined based
14
on institution-agnostic eligibility requirements and objec-
15
tive criteria. Nothing in this section shall be construed—
16
(1) to permit the Secretary to disqualify an in-
17
stitution of higher education from participating in
18
Department of Defense education or training pro-
19
grams or activities on the basis of—
20
(A) an institution of higher education’s
21
First Amendment rights or its protection of
22
student free speech and association rights
23
under section 112 of the Higher Education Act
24
of 1965 (20 U.S.C. 1011a.); or
25
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(B) an institution of higher education’s re-
1
ligious character or affiliation;
2
(2) to require the Secretary of Defense to ap-
3
prove any individual request for covered funds or
4
covered support where the member or the institution
5
of higher education does not meet program-wide, in-
6
stitution-agnostic eligibility or selection require-
7
ments;
8
(3) to restrict the Secretary’s ability to estab-
9
lish institution-agnostic program guidelines, eligi-
10
bility criteria, or funding caps on covered support
11
programs that are not otherwise inconsistent with
12
this section;
13
(4) to limit the ability of the Secretary of De-
14
fense or the Secretaries of the military departments
15
from entering into program agreements with eligible
16
institutions of higher education to carry out edu-
17
cational programs authorized in law; or
18
(5) create an entitlement for servicemembers to
19
refuse orders otherwise issued in the due course of
20
normal detailing processes or for military necessity.
21
(f) EXCLUSION.—The prohibitions in subsection (a)
22
do not apply to an institution of higher education that op-
23
erates for profit.
24
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SEC. 549C. GOVERNMENT COPYRIGHT FOR WORK PRO-
1
DUCED AT DEFENSE SECURITY COOPERA-
2
TION UNIVERSITY.
3
Section 105(d)(2) of title 17, United States Code, is
4
amended by adding at the end the following new subpara-
5
graph:
6
‘‘(P) Defense Security Cooperation Univer-
7
sity.’’.
8
SEC. 549D. PROMOTING THE USE OF STANDARDIZED TEST-
9
ING AT MILITARY SERVICE ACADEMIES AND
10
DODEA SCHOOLS.
11
(a) MILITARY SERVICE ACADEMIES.—The Secretary
12
of Defense shall ensure that each of the Service Academies
13
(as that term is defined in section 347(d) of title 10,
14
United States Code) may satisfy any standardized testing
15
requirement through scores from any of not fewer than
16
three nationally recognized standardized assessments that
17
are designed to evaluate college readiness and that meas-
18
ure, at a minimum, mathematics, reading, grammar and
19
writing, and analytical reasoning skills. Such assessments
20
may also evaluate critical and logical reasoning, com-
21
prehension of literary, historical, or philosophical texts,
22
and other indicators of postsecondary readiness as deter-
23
mined appropriate by the Secretary.
24
(b) DODEA SCHOOLS.—The Director of the Depart-
25
ment of Defense Education Activity shall ensure that stu-
26
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dents enrolled in the eleventh grade are offered the oppor-
1
tunity to take not fewer than three standardized assess-
2
ments described in subsection (a).
3
SEC. 549E. DEPARTMENT OF DEFENSE-WIDE HATE SYMBOL
4
POLICY AND RECRUITER AND WORKFORCE
5
TRAINING REQUIREMENT.
6
(a) DEPARTMENT-WIDE POLICY REQUIRED.—Not
7
later than 180 days after the date of the enactment of
8
this Act, the Secretary of Defense shall issue a Depart-
9
ment-wide policy applicable to members of the Armed
10
Forces and civilian employees of the Department of De-
11
fense that—
12
(1) prohibits the display, possession for display,
13
or use of hate symbols in the workplace or in con-
14
nection with official duties, including on the body,
15
uniform, civilian work attire, personal equipment,
16
government property, or digital work platforms, in-
17
cluding through tattoos, brands, insignia, patches,
18
apparel, or electronic imagery;
19
(2) establishes uniform minimum standards for
20
identifying and addressing prohibited hate symbols
21
across all military departments and defense agen-
22
cies;
23
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(3) requires each military department and de-
1
fense agency to revise its regulations and instruc-
2
tions to comply with such policy; and
3
(4) provides procedures for review, waiver
4
where appropriate, removal, or remediation con-
5
sistent with applicable law.
6
(b) HATE SYMBOL DEFINED.—
7
(1) IN
GENERAL.—In this section, the term
8
‘‘hate symbol’’—
9
(A) means any symbol, image, insignia,
10
emblem, tattoo, sign, coded designation, or
11
other visual representation that, in context,
12
would reasonably be understood as expressing,
13
advocating, endorsing, or promoting hatred, un-
14
lawful discrimination, violent extremism, or su-
15
premacy directed against a protected class or
16
group; and
17
(B) does not include the good-faith display
18
or use of symbols for legitimate religious, cul-
19
tural, historical, educational, artistic, intel-
20
ligence, law enforcement, or investigative pur-
21
poses where the circumstances do not reason-
22
ably indicate support for extremist ideology or
23
unlawful discrimination.
24
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(2) CONSIDERED
FACTORS.—In determining
1
whether a symbol constitutes a hate symbol under
2
this section, the Secretary of Defense shall con-
3
sider—
4
(A) the historical and cultural meaning of
5
the symbol;
6
(B) the manner, context, and location in
7
which the symbol is displayed;
8
(C) whether the symbol is associated with
9
extremist organizations or ideologies;
10
(D) whether the display would reasonably
11
be interpreted as communicating support for
12
hatred, discrimination, or violent extremism;
13
and
14
(E) applicable constitutional, statutory,
15
and religious accommodation protections.
16
(c) IDENTIFICATION GUIDANCE.—The Secretary of
17
Defense shall—
18
(1) develop and maintain supplemental guid-
19
ance and reference materials, in consultation with
20
subject matter experts, to assist commanders, super-
21
visors, human resources personnel, and investigators
22
in identifying hate symbols; and
23
(2) not less than every three years, review and,
24
if necessary, update such guidance and reference
25
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materials in consultation with civil rights experts
1
and organizations with recognized expertise in hate
2
and extremist symbols.
3
(d) TRAINING REQUIREMENT.—The Secretary of De-
4
fense shall incorporate instruction on the hate symbol pol-
5
icy and identification guidance into existing training pro-
6
grams for—
7
(1) members of the Armed Forces; and
8
(2) civilian employees of the Department of De-
9
fense;
10
(e) IMPLEMENTATION AND OVERSIGHT.—
11
(1) CERTIFICATION.—Not later than 180 days
12
after the date of the enactment of this Act, each
13
military department and defense agency shall certify
14
compliance with the requirements under this section.
15
(2) BRIEFING.—Not later than one year after
16
the date of the enactment of this Act, the Secretary
17
of Defense shall brief the Committee on Armed
18
Services of the Senate and the Committee on Armed
19
Services of the House of Representatives on the im-
20
plementation of this provision.
21
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Subtitle F—Military Family Readi-
1
ness and Dependents’ Education
2
PART I—DEPENDENTS’ EDUCATION
3
SEC. 551. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
4
AGENCIES THAT BENEFIT DEPENDENTS OF
5
MILITARY AND CIVILIAN PERSONNEL.
6
(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL
7
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS
8
OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
9
OF DEFENSE CIVILIAN EMPLOYEES.—
10
(1) ASSISTANCE
TO
SCHOOLS
WITH
SIGNIFI-
11
CANT
NUMBERS
OF
MILITARY
DEPENDENT
STU-
12
DENTS.—Of the amount authorized to be appro-
13
priated for fiscal year 2027 by section 301 and
14
available for operation and maintenance for Defense-
15
wide activities as specified in the funding table in
16
section 4301, $50,000,000 shall be available only for
17
the purpose of providing assistance to local edu-
18
cational agencies under subsection (a) of section 572
19
of the National Defense Authorization Act for Fiscal
20
Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
21
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—
22
In this subsection, the term ‘‘local educational agen-
23
cy’’ has the meaning given that term in section
24
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7013(9) of the Elementary and Secondary Edu-
1
cation Act of 1965 (20 U.S.C. 7713(9)).
2
(b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
3
ABILITIES.—
4
(1) IN GENERAL.—Of the amount authorized to
5
be appropriated for fiscal year 2027 pursuant to sec-
6
tion 301 and available for operation and mainte-
7
nance for Defense-wide activities as specified in the
8
funding table in section 4301, $10,000,000 shall be
9
available for payments under section 363 of the
10
Floyd D. Spence National Defense Authorization
11
Act for Fiscal Year 2001 (as enacted into law by
12
Public Law 106–398; 114 Stat. 1654A–77; 20
13
U.S.C. 7703a).
14
(2) ADDITIONAL AMOUNT.—Of the amount au-
15
thorized to be appropriated for fiscal year 2027 pur-
16
suant to section 301 and available for operation and
17
maintenance for Defense-wide activities as specified
18
in the funding table in section 4301, $20,000,000
19
shall be available for use by the Secretary of Defense
20
to make payments to local educational agencies de-
21
termined by the Secretary to have higher concentra-
22
tions of military children with severe disabilities.
23
(3) REPORT.—Not later than September 30,
24
2027, the Secretary shall brief the Committees on
25
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Armed Services of the Senate and the House of Rep-
1
resentatives on the Department’s evaluation of each
2
local educational agency with higher concentrations
3
of military children with severe disabilities and sub-
4
sequent determination of the amounts of impact aid
5
each such agency shall receive.
6
SEC. 552. EDUCATIONAL TECHNOLOGISTS AT DEPARTMENT
7
OF DEFENSE EDUCATION ACTIVITY SCHOOLS.
8
(a) IN GENERAL.—The Director of the Department
9
of Defense Education Activity shall ensure that each
10
school district of such Activity has, at a minimum, one
11
staff member dedicated to facilitating educational tech-
12
nology and related matters.
13
(b) DUTIES.—A staff member described in subsection
14
(a) shall, at a minimum—
15
(1) ensure classroom technologies meet policy
16
requirements and the needs of students and teach-
17
ers;
18
(2) assist administrators, curriculum teams, in-
19
structional support specialists, and teachers in devel-
20
oping and modeling learning opportunities to make
21
the best use of technology in the classroom;
22
(3) assist in the implementation of technology
23
integration; and
24
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(4) perform other duties related to educational
1
technology as assigned.
2
(c) BRIEFING REQUIRED.—Not later than February
3
1, 2028, the Director shall brief the Committees on Armed
4
Services of the Senate and the House of Representatives
5
on—
6
(1) the implementation of subsections (a) and
7
(b); and
8
(2) any recommendations for changes to policy
9
or statutes to ensure that the Department of De-
10
fense Education Activity has sufficient staff and re-
11
sources to support the use of beneficial technology in
12
classrooms.
13
PART II—CHILD CARE AND RELATED MATTERS
14
SEC. 555. EXPANSION OF ELIGIBLE CHILD CARE PRO-
15
VIDERS FOR DEPARTMENT OF DEFENSE PRO-
16
GRAMS.
17
(a) REMOVAL OF PRIOR SERVICE REQUIREMENT.—
18
Section 1798(b) of title 10, United States Code, is amend-
19
ed—
20
(1) in paragraph (1), by striking the semicolon
21
and inserting ‘‘; and’’;
22
(2) by striking paragraph (2); and
23
(3) by redesignating paragraph (3) as para-
24
graph (2).
25
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(b) NATIONAL SERVICE VOLUNTEERS.—
1
(1) IN
GENERAL.—The Secretary of Defense
2
may seek to enter into an interagency partnership
3
with a Federal agency with the ability to place indi-
4
viduals described in paragraph (2) in military child
5
development centers in accordance with national
6
service laws and with all the benefits accorded to
7
such individuals under those laws.
8
(2) INDIVIDUALS
DESCRIBED.—An individual
9
described in this paragraph is a participant, includ-
10
ing a volunteer or national senior volunteer, under
11
the national service laws who is trained in education
12
services and is in compliance with hiring require-
13
ments for military child development centers.
14
(3) DEFINITIONS.—In this subsection, the
15
terms ‘‘participant’’ and ‘‘national service laws’’
16
have the meanings given those terms in section 101
17
of the National and Community Service Act of 1990
18
(42 U.S.C. 12511)).
19
SEC. 556. STANDARDIZED REPORTING ON DEPARTMENT OF
20
DEFENSE CHILD CARE READINESS.
21
(a) IN GENERAL.—The Secretary of Defense shall
22
standardize the collection and reporting of data related to
23
child care capacity, workforce readiness, and waitlists
24
across the Armed Forces and military installations.
25
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(b) REQUIRED DATA ELEMENTS.—In carrying out
1
subsection (a), the Secretary shall, at a minimum, require
2
the collection and reporting of data with respect to the
3
following:
4
(1)
Child
care
capacity
and
utilization,
5
disaggregated by branch of the Armed Forces and
6
military installation.
7
(2) Child care workforce staffing levels, vacan-
8
cies, turnover rates, and compensation ranges,
9
disaggregated by branch of the Armed Forces and
10
military installation.
11
(3) Child care waitlists, disaggregated by—
12
(A) children that are currently at home
13
with a parent;
14
(B) children that are currently being cared
15
for by family members, friends, neighbors, or
16
nannies;
17
(C) children that are currently receiving
18
care through—
19
(i) a military child development center
20
(as defined in section 1800 of title 10,
21
United States Code) other than the center
22
for which the children are on the waitlist;
23
(ii) a military family child care pro-
24
gram, including identification of whether
25
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the program is supported by subsidies pro-
1
vided by the Department of Defense under
2
section 1796 of title 10, United States
3
Code; or
4
(iii) community-based child care, in-
5
cluding identification of whether such care
6
is supported by financial assistance pro-
7
vided by the Department through the Mili-
8
tary Child Care in Your Neighborhood pro-
9
gram under section 1798 of title 10,
10
United States Code;
11
(D) families requiring child care during
12
nontraditional hours; and
13
(E) children for whom sufficient informa-
14
tion is not available to categorize care status,
15
including as a result of incomplete or self-re-
16
ported data.
17
(4) Demand for child care by age cohort, with
18
specific identification of the demand for child care
19
for children under age 5.
20
(5) Utilization and attrition data for fee assist-
21
ance programs.
22
(6) Geographic areas with persistent unmet
23
child care needs.
24
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(c) ANALYSIS OF WAITLIST DATA.—The Secretary
1
shall—
2
(1) analyze data on child care waitlists collected
3
under subsection (b), including—
4
(A) the extent of duplicate entries across
5
military installations or child care programs;
6
and
7
(B) the proportion of waitlist entries
8
that—
9
(i) reflect unmet need for child care;
10
and
11
(ii) reflect unmet preference for spe-
12
cific child care programs; and
13
(2) take steps to resolve discrepancies in such
14
data, including duplicate waitlist entries and inclu-
15
sion of children on waitlists who are receiving care.
16
(d) REGULATIONS.—The Secretary may prescribe
17
such regulations as are necessary to carry out this section.
18
(e) BRIEFINGS REQUIRED.—
19
(1) INITIAL BRIEFING.—Not later than 90 days
20
after the date of the enactment of this Act, the Sec-
21
retary shall brief the Committees on Armed Services
22
of the Senate and the House of Representatives
23
on—
24
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(A) existing systems and reporting prac-
1
tices used to track data related to child care ca-
2
pacity, workforce readiness, and waitlists;
3
(B) the quality, completeness, and limita-
4
tions of data available as of the date of the
5
briefing;
6
(C) actions underway to standardize data
7
collection and reporting across the Department
8
of Defense; and
9
(D) a plan, including timelines, to improve
10
standardization of data collection and reporting.
11
(2) RECURRING
BRIEFINGS.—Not later than
12
December 31, 2027, and annually thereafter for
13
three years, the Secretary shall brief the Committees
14
on Armed Services of the Senate and the House of
15
Representatives on—
16
(A) data collected under subsection (b);
17
(B) trends in child care capacity, work-
18
force
readiness,
and
unmet
demand,
19
disaggregated by branch of the Armed Forces
20
and geographic region;
21
(C) actions taken to address identified
22
gaps in child care availability, including actions
23
taken by each branch of the Armed Forces and
24
in each geographic region; and
25
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(D) any recommendations for legislative or
1
administrative action to improve collection and
2
reporting of data related to child care capacity,
3
workforce readiness, and waitlists.
4
SEC. 557. UPDATE TO PAY SYSTEM FOR CHILD AND YOUTH
5
PROGRAMS
OPERATED
BY
NON-
6
APPROPRIATED FUND INSTRUMENTALITIES.
7
(a) IN GENERAL.—Not later than January 1, 2027,
8
the Secretary of Defense shall issue or revise policy relat-
9
ing to the pay system for employees of child and youth
10
programs operated by nonappropriated fund instrumental-
11
ities to implement the requirements of section 589A of the
12
Servicemember Quality of Life Improvement and National
13
Defense Authorization Act for Fiscal Year 2025 (Public
14
Law 118–59; 10 U.S.C. 1792 note).
15
(b) ELEMENTS.—The policy required to be issued or
16
revised under subsection (a) shall—
17
(1) incorporate a revised staffing model for
18
child development programs that includes posi-
19
tions—
20
(A) to facilitate classroom operations and
21
provide direct support to staff of child develop-
22
ment programs; and
23
(B) to coordinate and support the needs of
24
children with special needs and provide direct
25
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support to personnel working with such chil-
1
dren;
2
(2) modify the pay band structure and com-
3
pensation rates to improve recruitment and retention
4
of employees of child and youth programs described
5
in subsection (a); and
6
(3) provide for the implementation of the policy
7
as soon as practicable, subject to the availability of
8
appropriations.
9
(c) NONAPPROPRIATED FUND INSTRUMENTALITY
10
DEFINED.—In this section, the term ‘‘nonappropriated
11
fund instrumentality’’ has the meaning given that term
12
in section 2488 of title 10, United States Code.
13
PART III—OTHER MATTERS
14
SEC. 561. DEPARTMENT OF DEFENSE FELLOWSHIP PRO-
15
GRAM FOR MILITARY SPOUSES.
16
Subchapter I of chapter 88 of title 10, United States
17
Code, is amended by inserting after section 1784a the fol-
18
lowing new section:
19
‘‘§ 1784b. Department of Defense Fellowship Program
20
for Military Spouses
21
‘‘(a) ESTABLISHMENT.—Not later than April 1,
22
2028, the Secretary of Defense shall establish a fellowship
23
program for military spouses, to be known as the ‘Depart-
24
ment of Defense Military Spouse Fellowship Program’ (in
25
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this section referred to as the ‘Program’), to enhance ca-
1
reer opportunities for military spouses and to support the
2
readiness of military families.
3
‘‘(b) FELLOWSHIPS.—
4
‘‘(1) IN
GENERAL.—Under the Program, a
5
component of the Department of Defense selected by
6
the Secretary under subsection (c)(1) shall provide
7
to fellowships to military spouses.
8
‘‘(2) TERM
AND
CONDITIONS.—A fellowship
9
under the Program—
10
‘‘(A) shall be for a term of not less than
11
12 months and not more than 24 months;
12
‘‘(B) may be full time or part time, with
13
a preference for full time; and
14
‘‘(C) may be an in-person or remote posi-
15
tion.
16
‘‘(3) COMPENSATION.—A fellow under the Pro-
17
gram shall be compensated at a rate of pay under
18
the General Schedule under section 5332 of title 5
19
appropriate to the role of the fellow.
20
‘‘(c) ADMINISTRATION.—In carrying out subsection
21
(a), the Secretary shall—
22
‘‘(1) select components of the Department of
23
Defense to participate in the Program based on stra-
24
tegic workforce planning and demonstrated need;
25
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‘‘(2) ensure that fellowships offered by compo-
1
nents of the Department of Defense selected under
2
paragraph (1) are available across a range of grade
3
levels and provide for a wide array of career fields
4
and experiences; and
5
‘‘(3) ensure that the Program has the funding
6
and other resources to provide for not less than 500
7
full-time equivalent fellowships each year.
8
‘‘(d) RESPONSIBILITIES OF PARTICIPATING COMPO-
9
NENTS.—
10
‘‘(1) IN GENERAL.—A component of the De-
11
partment of Defense selected under subsection (c)(1)
12
to participate in the Program shall be responsible
13
for—
14
‘‘(A) providing a meaningful fellowship ex-
15
perience to fellows in the component, including
16
through the provision of professional develop-
17
ment and mentorship opportunities;
18
‘‘(B) documenting the performance of fel-
19
lows during the terms of their fellowships; and
20
‘‘(C) subject to paragraph (2), making
21
every effort to identify permanent positions
22
within the component to which a fellow may be
23
non-competitively converted at the end of the
24
term of the fellowship.
25
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‘‘(2)
CONVERSION
TO
PERMANENT
POSI-
1
TIONS.—The conversion under paragraph (1)(C) of
2
a fellowship under the Program to a permanent po-
3
sition shall be contingent upon the performance of
4
the fellow, the availability of a permanent position,
5
and the availability of funding.
6
‘‘(e) MILITARY SPOUSE DEFINED.—In this section,
7
the term ‘military spouse’ means any individual who is
8
married (within the meaning of section 7703 of the Inter-
9
nal Revenue Code of 1986), as of the first date on which
10
the individual is employed by a component of the Depart-
11
ment of Defense under this section, to a member of the
12
uniformed services serving on active duty.’’.
13
SEC. 562. CONSIDERATION IN MEMBER ASSIGNMENTS
14
PROCESS OF COLOCATION OF MEMBERS AND
15
CIVILIAN EMPLOYEE SPOUSES.
16
(a) IN GENERAL.—Not later than March 1, 2028, the
17
Secretary of Defense shall require each of the Armed
18
Forces to have in place a policy for achieving, as a sec-
19
ondary consideration during the process of assigning
20
members to duty stations, colocation of covered couples.
21
(b) ELEMENTS.—In carrying out subsection (a), the
22
Secretary shall—
23
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(1) ensure that, in assigning a member of the
1
Armed Forces who is part of a covered couple to a
2
duty station—
3
(A) the primary considerations are the
4
member’s current qualifications and ability to
5
fill a valid mission requirement; and
6
(B) colocation is a secondary consideration,
7
to maximize the opportunities for continued em-
8
ployment of the civilian employee of the Depart-
9
ment of Defense through all flexibilities avail-
10
able;
11
(2) ensure civilian personnel policies and proc-
12
esses of the Department are updated to facilitate co-
13
location; and
14
(3) provide resources, training, and additional
15
flexibilities where appropriate to the Armed Forces
16
and human resources managers of the Department
17
to facilitate retention of civilian employees of the
18
Department during permanent change of station
19
moves of members of the Armed Forces who are
20
part of a covered couple.
21
(c) DEFINITIONS.—In this section:
22
(1) CIVILIAN EMPLOYEE OF THE DEPARTMENT
23
OF DEFENSE.—The term ‘‘civilian employee of the
24
Department of Defense’’—
25
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(A) means an employee (as defined in sec-
1
tion 2105 of title 5, United States Code) of the
2
Department of Defense;
3
(B) includes—
4
(i) a nonappropriated fund instrumen-
5
tality employee (as defined in section
6
1587(a) of title 10, United States Code);
7
and
8
(ii) a temporary employee of the De-
9
partment; and
10
(C) does not include an employee of a con-
11
tractor of the Department of Defense.
12
(2) COLOCATION.—The term ‘‘colocation’’, with
13
respect to a covered couple, means assigning the
14
member of the Armed Forces to a duty location in
15
a manner that results in the retention of the civilian
16
employee of the Department of Defense at the same
17
pay grade and in the same job series within any
18
component of the Department, whether through re-
19
mote work, alternate work site arrangements, a reas-
20
signment, or an internal transfer.
21
(3) COVERED
COUPLE.—The term ‘‘covered
22
couple’’ means a couple in which a member of the
23
Armed Forces serving on active duty and a civilian
24
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employee of the Department of Defense are married
1
to each other.
2
SEC. 563. REVIEW OF EXCEPTIONAL FAMILY MEMBER PRO-
3
GRAM.
4
(a) IN GENERAL.—Not later than April 1, 2027, the
5
Secretary of Defense shall initiate a review of how the Ex-
6
ceptional Family Member Program (in this section re-
7
ferred to as the ‘‘Program’’) affects assignment decisions,
8
continuity of care, access to medical, behavioral health,
9
and educational services, and retention and career pro-
10
gression of members across the Armed Forces.
11
(b) ELEMENTS.—The review required by subsection
12
(a) shall—
13
(1) identify military installations where families
14
with an individual in the Program face unavailable,
15
limited, or difficult-to-access services;
16
(2) assess whether current assignment screen-
17
ing and coordination processes under the Program—
18
(A) are effectively ensuring that such fami-
19
lies are assigned to locations where needed serv-
20
ices are reasonably available; and
21
(B) adequately evaluate the availability,
22
timeliness, and continuity of educational serv-
23
ices and related supports required under an ex-
24
isting individualized education program, individ-
25
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ualized family service plan, or other applicable
1
educational accommodation for an individual in
2
the Program, including whether families experi-
3
ence significant delays, gaps, or barriers in ob-
4
taining comparable services after relocation;
5
(3) evaluate the impact of enrollment of a fam-
6
ily member in the Program on assignment opportu-
7
nities, assignment stability, and readiness of mem-
8
bers of the Armed Forces; and
9
(4) identify best practices across the military
10
departments for improving continuity of care and as-
11
signment stability for families with an individual in
12
the Program.
13
(c) REPORT REQUIRED.—Not later than April 30,
14
2028, the Secretary of Defense shall submit to the Com-
15
mittees on Armed Services of the Senate and the House
16
of Representatives a report on the results of the review
17
that includes a corrective action plan describing steps—
18
(1) to improve assignment screening for fami-
19
lies with an individual in the Program;
20
(2) to increase transparency regarding the
21
availability of services at military installations;
22
(3) to improve how the Department of Defense
23
assesses the availability of educational services at as-
24
signment locations and reduces disruptions in imple-
25
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mentation of such services following a permanent
1
change of station;
2
(4) to improve coordination among military
3
treatment facilities, the TRICARE program (as de-
4
fined in section 1072 of title 10, United States
5
Code), and civilian services providers; and
6
(5) to strengthen relocation support for families
7
with an individual in the Program while moving be-
8
tween duty stations.
9
SEC. 564. IMPROVED COUNSELING AND ACCESS TO INFOR-
10
MATION RELATING TO FOSTER CARE FOR
11
MILITARY FAMILIES.
12
(a) TRAINING FOR COUNSELORS.—
13
(1) IN
GENERAL.—The Secretary of Defense
14
shall require all counselors assigned to a Family Ad-
15
vocacy Program or Military and Family Life pro-
16
gram at a military installation in the United States
17
to be trained in the requirements and resources re-
18
lating to foster care of the State in which the instal-
19
lation is located.
20
(2) FOSTER CARE LIAISONS.—A counselor who
21
has received training under paragraph (1) shall be
22
known as a ‘‘foster care liaison’’.
23
(b) INCLUSION OF FOSTER CARE INFORMATION ON
24
MILITARY ONESOURCE.—The Secretary shall require
25
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Military OneSource to include a mechanism for military
1
families to obtain information on foster care, including the
2
requirements and resources relating to foster care of each
3
State.
4
(c) COLLABORATION WITH ADMINISTRATION
FOR
5
CHILDREN AND FAMILIES.—The Secretary may consult
6
with the Administration for Children and Families of the
7
Department of Health and Human Services to obtain re-
8
sources relating to foster care for military families, includ-
9
ing curricula for training under subsection (a).
10
SEC. 565. REPORTING ON GAPS BETWEEN SENIOR AND
11
JUNIOR ENLISTED SECURITY FORCES THAT
12
COULD HINDER EFFECTIVE OVERSIGHT AND
13
LEADERSHIP AT PROTECTION LEVEL ONE
14
LOCATIONS.
15
Section 585 of the National Defense Authorization
16
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
17
1759) is amended—
18
(1) in subsection (a)(2), by striking ‘‘through
19
2027’’ and inserting ‘‘through 2032’’; and
20
(2) in subsection (b)—
21
(A) by redesignating paragraph (9) as
22
paragraph (10); and
23
(B) by inserting after paragraph (8) the
24
following new paragraph:
25
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‘‘(9) A description of gaps between senior and
1
junior enlisted security forces personnel that could
2
hinder effective oversight and leadership at each PL-
3
1 location and actions needed to remedy such
4
gaps.’’.
5
Subtitle G—Junior Reserve
6
Officers’ Training Corps
7
SEC. 571. UPDATE OF GUIDANCE AND EVALUATION OF JUN-
8
IOR RESERVE OFFICERS’ TRAINING CORPS
9
INSTRUCTOR PAY SCALE.
10
(a) UPDATE OF GUIDANCE.—Not later than January
11
1, 2027, the Secretary of Defense, in coordination with
12
the Secretaries concerned shall update Department of De-
13
fense issuances governing the Junior Reserve Officers’
14
Training Corps (JROTC) program, including the applica-
15
ble Department of Defense Instruction, to—
16
(1) reflect current statutory requirements relat-
17
ing to the minimum number of Junior Reserve Offi-
18
cers’ Training Corps units, including any increases
19
enacted in recent National Defense Authorization
20
Acts, and the plan of the Secretary to achieve and
21
sustain such minimums;
22
(2) an evaluation plan to assess the effects of
23
the JROTC Standardized Instructor Pay Scale, or
24
any successor pay system, on recruitment and reten-
25
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tion of JROTC instructors, including the implemen-
1
tation and utilization of the temporary authority to
2
provide bonuses to such instructors under section
3
546 of the National Defense Authorization Act for
4
Fiscal Year 2026 (Public Law 119–60; 10 U.S.C.
5
2031 note); and
6
(3) standardized metrics for measuring JROTC
7
instructor recruiting outcomes and retention rates
8
across the military services.
9
(b) REQUIRED METRICS.—The evaluation plan re-
10
quired under subsection (a) shall include, at a minimum,
11
metrics relating to—
12
(1) instructor vacancy rates and time-to-hire;
13
(2) retention rates and length of service;
14
(3) geographic variation in recruiting and reten-
15
tion outcomes, including high-cost-of-living areas,
16
rural, urban, and geographically isolated locations;
17
(4) comparisons between outcomes under the
18
legacy pay system and the JSIPS;
19
(5) the identification of recruiting efforts used
20
to attract instructor applicants, including data on
21
how applicants learned about available instructor po-
22
sitions;
23
(6) the number of applicants who begin, com-
24
plete, or withdraw from the instructor hiring proc-
25
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ess, including the interview and background inves-
1
tigation stages;
2
(7) the number of applicants who accept or de-
3
cline instructor position offers, including to the ex-
4
tent practicable, information on the reasons offers
5
were declined;
6
(8) the number, amount, and distribution of bo-
7
nuses provided to JROTC instructors under section
8
546 of the National Defense Authorization Act for
9
Fiscal Year 2026 (Public Law 119–60; 10 U.S.C.
10
2031 note), disaggregated by military department,
11
geographic location, and instructor type, as well as
12
any identified barriers to use of the authority; and
13
(9) any other matters the Secretary determines
14
appropriate.
15
(c) REPORT TO CONGRESS.—Not later than one year
16
after the issuance of the updated guidance under sub-
17
section (a), and annually thereafter for two years, the Sec-
18
retary of Defense shall submit to the Committees on
19
Armed Services of the Senate and the House of Represent-
20
atives a report that includes—
21
(1) a description of the updated guidance and
22
implementation status;
23
(2) baseline data and metrics collected using
24
the metrics developed under subsection (a);
25
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(3) an assessment of the effects of the pay scale
1
on recruitment and retention;
2
(4) an assessment of the effectiveness of the
3
bonus authority authorized by section 546 of the
4
National Defense Authorization Act for Fiscal Year
5
2026 (Public Law 119–60; 10 U.S.C. 2031 note) in
6
improving recruitment and retention of JROTC in-
7
structors, including whether such authority should
8
be modified, extended, or made permanent; and
9
(5) any recommendations for legislative or ad-
10
ministrative action.
11
SEC. 572. JUNIOR RESERVE OFFICERS’ TRAINING CORPS
12
PROGRAMS IN DEPARTMENT OF DEFENSE
13
EDUCATION ACTIVITY SCHOOLS.
14
(a) REQUIREMENT.—The Secretary of Defense shall
15
ensure that, by not later than October 1, 2027, each sec-
16
ondary school operated by the Department of Defense
17
Education Activity that meets the eligibility requirements
18
for establishment and maintenance of a Junior Reserve
19
Officers’ Training Corps unit under section 2031 of title
20
10, United States Code, establishes and maintains such
21
a unit.
22
(b) SUSTAINABLE ENROLLMENT THRESHOLD.—The
23
Secretary may waive the requirement under subsection (a)
24
with respect to a school described in that subsection if the
25
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Secretary determines that the school will not be able to
1
meet a threshold for enrollment in a Junior Reserve Offi-
2
cers’ Training Corps unit sufficient to sustain the viability
3
of the unit over time.
4
Subtitle H—Decorations and Other
5
Awards, Miscellaneous Reports,
6
and Other Matters
7
SEC. 581. AUTHORIZATION FOR AWARD OF THE DISTIN-
8
GUISHED-SERVICE CROSS TO ISAAC ‘‘IKE’’
9
CAMACHO FOR ACTS OF VALOR IN VIETNAM.
10
Section 592 of the National Defense Authorization
11
Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
12
899) is amended by striking ‘‘POSTHUMOUS’’ in the sec-
13
tion heading.
14
SEC. 582. AUTHORIZATION FOR AWARD OF THE DISTIN-
15
GUISHED-SERVICE CROSS FOR JOSEPH P.
16
LYNCH FOR ACTS OF VALOR IN THE REPUB-
17
LIC OF VIETNAM.
18
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
19
standing the time limitations specified in section 7274 of
20
title 10, United States Code, or any other time limitation
21
with respect to the awarding of certain medals to persons
22
who served in the Armed Forces, the Secretary of the
23
Army may award the Distinguished-Service Cross under
24
section 7272 of such title to Joseph P. Lynch for the acts
25
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of valor in the Republic of Vietnam described in subsection
1
(b).
2
(b) ACTS OF VALOR DESCRIBED.—The acts of valor
3
referred to in subsection (a) are the actions of Joseph P.
4
Lynch on April 17, 1968, during a combat mission near
5
Khe Sanh, Republic of Vietnam for which he was pre-
6
viously awarded the Silver Star.
7
SEC. 583. SUBMISSION TO CONGRESS OF INFORMATION
8
FOR CONSIDERATION OF CERTAIN MILITARY
9
AWARDS.
10
(a) ARMY.—Section 7274 of title 10, United States
11
Code, is amended by adding at the end the following new
12
subsection:
13
‘‘(d) A time limitation under this section may not be
14
waived unless the Secretary of the Army first submits to
15
the Committees on Armed Services of the Senate and
16
House of Representatives the unredacted package of infor-
17
mation considered by the Secretary, including all relevant
18
information relating to any reconsideration of an award.’’.
19
(b) NAVY.—Section 8298 of title 10, United States
20
Code, is amended by adding at the end the following new
21
subsection:
22
‘‘(c) A time limitation under this section may not be
23
waived unless the Secretary of the Navy first submits to
24
the Committees on Armed Services of the Senate and
25
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House of Representatives the unredacted package of infor-
1
mation considered by the Secretary, including all relevant
2
information relating to any reconsideration of an award.’’.
3
(c) AIR FORCE.—Section 9274 of title 10, United
4
States Code, is amended by adding at the end the fol-
5
lowing new subsection:
6
‘‘(d) A time limitation under this section may not be
7
waived unless the Secretary of the Air Force first submits
8
to the Committees on Armed Services of the Senate and
9
House of Representatives the unredacted package of infor-
10
mation considered by the Secretary, including all relevant
11
information relating to any reconsideration of an award.’’.
12
SEC. 584. MEDAL OF HONOR REVIEW PROCEDURES AND
13
RECONSIDERATION AND UPGRADE REQUIRE-
14
MENTS.
15
(a) ARMY.—Chapter 737 of title 10, United States
16
Code, is amended by inserting after section 7274 the fol-
17
lowing new section:
18
‘‘§ 7274a. Medal of Honor: review procedures; recon-
19
sideration and upgrade requirements
20
‘‘(a) REVIEW RESPONSIBILITIES.—(1) The Secretary
21
of the Army is responsible for establishing and maintain-
22
ing procedures for the review of Medal of Honor rec-
23
ommendations submitted pursuant to this chapter, includ-
24
ing recommendations submitted within statutory time lim-
25
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its under section 7274(b) of this title, recommendations
1
lost or not acted upon due to inadvertence under section
2
7274(c) of this title, and recommendations submitted pur-
3
suant to section 1130 of this title upon request of a Mem-
4
ber of Congress.
5
‘‘(2) Each Medal of Honor recommendation for-
6
warded by the Secretary of the Army to the Secretary of
7
Defense shall—
8
‘‘(A) include the recommendation of an inde-
9
pendent board of review convened specifically to con-
10
sider the award of the proposed Medal of Honor;
11
‘‘(B) contain the recommendation of the Sec-
12
retary of the Army;
13
‘‘(C) include the recommendation of the Chief
14
of Staff of the Army; and
15
‘‘(D) contain incontestable proof that the mem-
16
ber distinguished himself or herself in accordance
17
with the requirements of section 7271 of this title.
18
‘‘(3) Upon receipt of a Medal of Honor recommenda-
19
tion, the Secretary of Defense shall—
20
‘‘(A) obtain the advisory recommendation of the
21
Chairman of the Joint Chiefs of Staff on the merits
22
of the nomination; and
23
‘‘(B) for nominations submitted within the time
24
limits prescribed by section 7274(b) of this title, or
25
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for actions arising from ongoing combat or military
1
operations, obtain through the Chairman of the
2
Joint Chiefs of Staff the advisory recommendation
3
of the applicable combatant commander.
4
‘‘(4) The Secretary of Defense shall include the Sec-
5
retary’s recommendation to the President for any Medal
6
of Honor recommendation determined to satisfy the cri-
7
teria in section 7271 of this title.
8
‘‘(b)STANDARDS FOR RECONSIDERATION AND UP-
9
GRADE.—(1) Notwithstanding any other provision of this
10
chapter, reconsideration of a previously reviewed Medal of
11
Honor nomination, or upgrade of a previously approved
12
award to the Medal of Honor, may be initiated only upon
13
a showing of—
14
‘‘(A) new, substantive, and material evidence
15
that was not available at the time of the original rec-
16
ommendation and that was not previously considered
17
by the awarding authority; or
18
‘‘(B) material error or impropriety in the proc-
19
essing or adjudication of the original recommenda-
20
tion, including loss of substantiating documents or
21
witness statements during original routing, clearly
22
incorrect application of official policy, or substan-
23
tiated discrimination based on race, sex, or religion,
24
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provided that any such conclusion is supported by a
1
preponderance of the evidence.
2
‘‘(2) Information that adds detail to facts already
3
presented in the original recommendation, but is not new,
4
substantive, or material, does not satisfy the requirement
5
under paragraph (1)(A) for new, substantive, and material
6
evidence.
7
‘‘(3) Authority to determine whether the require-
8
ments of paragraph (1) have been satisfied is as follows:
9
‘‘(A) The Secretary of Defense shall determine
10
whether material error or impropriety existed in any
11
prior award case adjudicated within the Office of the
12
Secretary of Defense. This authority may not be del-
13
egated.
14
‘‘(B) The Secretary of the Army shall deter-
15
mine whether material error or impropriety existed
16
in any case previously adjudicated within the De-
17
partment of the Army. This authority may not be
18
delegated.
19
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
20
tion shall be construed to limit the authority of the Presi-
21
dent to award the Medal of Honor pursuant to section
22
7271 of this title or to modify the time limitations estab-
23
lished in section 7274 of this title except as provided here-
24
in.’’.
25
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(b) NAVY AND MARINE CORPS.—Chapter 837 of title
1
10, United States Code, is amended by inserting after sec-
2
tion 8298 the following new section:
3
‘‘§ 8299. Medal of Honor: review procedures; reconsid-
4
eration and upgrade requirements
5
‘‘(a) REVIEW RESPONSIBILITIES.—(1) The Secretary
6
of the Navy is responsible for establishing and maintaining
7
procedures for the review of Medal of Honor recommenda-
8
tions submitted pursuant to this chapter, including rec-
9
ommendations submitted within statutory time limits
10
under section 8298 (a) of this title, recommendations lost
11
or not acted upon due to inadvertence under section
12
8298(b) of this title, and recommendations submitted pur-
13
suant to section 1130 of this title upon request of a Mem-
14
ber of Congress.
15
‘‘(2) Each Medal of Honor recommendation for-
16
warded by the Secretary of the Navy to the Secretary of
17
Defense shall—
18
‘‘(A) include the recommendation of an inde-
19
pendent board of review convened specifically to con-
20
sider the award of the proposed Medal of Honor;
21
‘‘(B) contain the recommendation of the Sec-
22
retary of the Navy;
23
‘‘(C) include the recommendation of the Chief
24
of Staff of the Navy; and
25
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‘‘(D) contain incontestable proof that the mem-
1
ber distinguished himself or herself in accordance
2
with the requirements of section 8291 of this title.
3
‘‘(3) Upon receipt of a Medal of Honor recommenda-
4
tion, the Secretary of Defense shall—
5
‘‘(A) obtain the advisory recommendation of the
6
Chairman of the Joint Chiefs of Staff on the merits
7
of the nomination; and
8
‘‘(B) for nominations submitted within the time
9
limits prescribed by section 8298(a) of this title, or
10
for actions arising from ongoing combat or military
11
operations, obtain through the Chairman of the
12
Joint Chiefs of Staff the advisory recommendation
13
of the applicable combatant commander.
14
‘‘(4) The Secretary of Defense shall include the Sec-
15
retary’s recommendation to the President for any Medal
16
of Honor recommendation determined to satisfy the cri-
17
teria in section 8291 of this title.
18
‘‘(b)STANDARDS FOR RECONSIDERATION AND UP-
19
GRADE.—(1) Notwithstanding any other provision of this
20
chapter, reconsideration of a previously reviewed Medal of
21
Honor nomination, or upgrade of a previously approved
22
award to the Medal of Honor, may be initiated only upon
23
a showing of—
24
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‘‘(A) new, substantive, and material evidence
1
that was not available at the time of the original rec-
2
ommendation and that was not previously considered
3
by the awarding authority; or
4
‘‘(B) material error or impropriety in the proc-
5
essing or adjudication of the original recommenda-
6
tion, including loss of substantiating documents or
7
witness statements during original routing, clearly
8
incorrect application of official policy, or substan-
9
tiated discrimination based on race, sex, or religion,
10
provided that any such conclusion is supported by a
11
preponderance of the evidence.
12
‘‘(2) Information that adds detail to facts already
13
presented in the original recommendation, but is not new,
14
substantive, or material, does not satisfy the requirement
15
under paragraph (1)(A) for new, substantive, and material
16
evidence.
17
‘‘(3) Authority to determine whether the require-
18
ments of paragraph (1) have been satisfied is as follows:
19
‘‘(A) The Secretary of Defense shall determine
20
whether material error or impropriety existed in any
21
prior award case adjudicated within the Office of the
22
Secretary of Defense. This authority may not be del-
23
egated.
24
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‘‘(B) The Secretary of the Navy shall determine
1
whether material error or impropriety existed in any
2
case previously adjudicated within the Department
3
of the Navy. This authority may not be delegated.
4
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
5
tion shall be construed to limit the authority of the Presi-
6
dent to award the Medal of Honor pursuant to section
7
8291 of this title or to modify the time limitations estab-
8
lished in section 8298 of this title except as provided here-
9
in.’’.
10
(c) AIR FORCE.—Chapter 937 of title 10, United
11
States Code, is amended by inserting after section 9274
12
the following new section:
13
‘‘§ 9274a. Medal of Honor: review procedures; recon-
14
sideration and upgrade requirements
15
‘‘(a) REVIEW RESPONSIBILITIES.—(1) The Secretary
16
of the Air Force is responsible for establishing and main-
17
taining procedures for the review of Medal of Honor rec-
18
ommendations submitted pursuant to this chapter, includ-
19
ing recommendations submitted within statutory time lim-
20
its under section 9274(b) of this title, recommendations
21
lost or not acted upon due to inadvertence under section
22
9274(c) of this title, and recommendations submitted pur-
23
suant to section 1130 of this title upon request of a Mem-
24
ber of Congress.
25
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‘‘(2) Each Medal of Honor recommendation for-
1
warded by the Secretary of the Air Force to the Secretary
2
of Defense shall—
3
‘‘(A) include the recommendation of an inde-
4
pendent board of review convened specifically to con-
5
sider the award of the proposed Medal of Honor;
6
‘‘(B) contain the recommendation of the Sec-
7
retary of the Air Force;
8
‘‘(C) include the recommendation of the Chief
9
of Staff of the Air Force; and
10
‘‘(D) contain incontestable proof that the mem-
11
ber distinguished himself or herself in accordance
12
with the requirements of section 9271 of this title.
13
‘‘(3) Upon receipt of a Medal of Honor recommenda-
14
tion, the Secretary of Defense shall—
15
‘‘(A) obtain the advisory recommendation of the
16
Chairman of the Joint Chiefs of Staff on the merits
17
of the nomination; and
18
‘‘(B) for nominations submitted within the time
19
limits prescribed by section 9274(b) of this title, or
20
for actions arising from ongoing combat or military
21
operations, obtain through the Chairman of the
22
Joint Chiefs of Staff the advisory recommendation
23
of the applicable combatant commander.
24
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‘‘(4) The Secretary of Defense shall include the Sec-
1
retary’s recommendation to the President for any Medal
2
of Honor recommendation determined to satisfy the cri-
3
teria in section 9271 of this title.
4
‘‘(b)STANDARDS FOR RECONSIDERATION AND UP-
5
GRADE.—(1) Notwithstanding any other provision of this
6
chapter, reconsideration of a previously reviewed Medal of
7
Honor nomination, or upgrade of a previously approved
8
award to the Medal of Honor, may be initiated only upon
9
a showing of—
10
‘‘(A) new, substantive, and material evidence
11
that was not available at the time of the original rec-
12
ommendation and that was not previously considered
13
by the awarding authority; or
14
‘‘(B) material error or impropriety in the proc-
15
essing or adjudication of the original recommenda-
16
tion, including loss of substantiating documents or
17
witness statements during original routing, clearly
18
incorrect application of official policy, or substan-
19
tiated discrimination based on race, sex, or religion,
20
provided that any such conclusion is supported by a
21
preponderance of the evidence.
22
‘‘(2) Information that adds detail to facts already
23
presented in the original recommendation, but is not new,
24
substantive, or material, does not satisfy the requirement
25
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under paragraph (1)(A) for new, substantive, and material
1
evidence.
2
‘‘(3) Authority to determine whether the require-
3
ments of paragraph (1) have been satisfied is as follows:
4
‘‘(A) The Secretary of Defense shall determine
5
whether material error or impropriety existed in any
6
prior award case adjudicated within the Office of the
7
Secretary of Defense. This authority may not be del-
8
egated.
9
‘‘(B) The Secretary of the Air Force shall de-
10
termine whether material error or impropriety ex-
11
isted in any case previously adjudicated within the
12
Department of the Air Force. This authority may
13
not be delegated.
14
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
15
tion shall be construed to limit the authority of the Presi-
16
dent to award the Medal of Honor pursuant to section
17
9271 of this title or to modify the time limitations estab-
18
lished in section 9274 of this title except as provided here-
19
in.’’.
20
SEC. 585. TIME LIMITATIONS.
21
(a) CONSIDERATION OF PROPOSALS FOR DECORA-
22
TIONS NOT PREVIOUSLY SUBMITTED IN TIMELY FASH-
23
ION.—Section 1130 of title 10, United States Code, is
24
amended—
25
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(1) by redesignating subsection (d) as sub-
1
section (f); and
2
(2) by inserting after subsection (c) the fol-
3
lowing new subsections:
4
‘‘(d) Proposals to be considered under this section
5
must originate before the military service concerned
6
operationalized a standardized, online, awards review
7
process.
8
‘‘(e)(1) An exception to the time limitations under
9
this section shall be granted for a member or former mem-
10
ber of the armed forces whose recommendation for a deco-
11
ration could not be processed due to the classification of
12
the details of the act, achievement, or service. In such
13
cases, a recommendation for a decoration may be consid-
14
ered if it is submitted within three years of the date the
15
information providing the necessary evidence is declas-
16
sified.
17
‘‘(2) For purposes of the exception under paragraph
18
(1), the term ’declassification’ includes—
19
‘‘(A) information released through the auto-
20
matic declassification mechanisms established under
21
Executive Order 13526 (or any successor order), in-
22
cluding the 10-year, 25-year, 50-year, or 75-year
23
automatic declassification timelines; and
24
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‘‘(B) information released through a Mandatory
1
Declassification Review (MDR) or a request under
2
section 552 of title 5, United States Code (com-
3
monly known as the ‘Freedom of Information
4
Act’).’’.
5
(b) REVIEW DETERMINATIONS REGARDING CERTAIN
6
DECORATIONS.—Section 1552 of title 10, United States
7
Code, is amended—
8
(1) by striking subsection (j); and
9
(2) by redesignating subsection (k) as sub-
10
section (j).
11
SEC. 586. PRODUCTION OF AWARD FILES.
12
(a) PRODUCTION OF FILES.—Not later than March
13
1, 2027, the Secretary of Defense shall submit to the
14
Committees on Armed Services of the Senate and the
15
House of Representatives the following information on all
16
decorations awarded under the authorities of sections
17
7271, 7272, 7279, 8291, 8292, 8295, 9271, 9272, and
18
9279 of title 10, United States Code, between the January
19
1, 2025 and December 31, 2026:
20
(1) Unredacted copies of all supporting docu-
21
mentation, material matters, and information con-
22
sidered by boards of review, the chain of command,
23
and any party employed by the Department of De-
24
fense, including the Secretary of Defense, who evalu-
25
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ated the merits of, offered a recommendation about,
1
or approved the decorations.
2
(2) Unredacted copies of all recommendations
3
made by boards of review, the chain of command,
4
and any party employed by the Department of De-
5
fense, including the Secretary of Defense, pertaining
6
to the awarding of the decorations.
7
(3) For those decorations approved by the Sec-
8
retary of Defense or the Secretaries of the military
9
departments, a written justification of the basis for
10
awarding such decoration.
11
(4) A description of the legal authority under
12
which each of the decorations was awarded.
13
(b) BRIEFING.—Not later than March 1, 2027, the
14
Secretary of Defense shall provide to the Committees on
15
Armed Services of the Senate and the House of Represent-
16
atives a briefing on each of the decorations awarded in
17
(a) and whether any legal discrepancies or errors exist in
18
the awarding of such decorations, along with a legislative
19
proposal to correct any errors so identified.
20
(c) PROHIBITION ON USE OF FUNDS.—Of the funds
21
authorized to be appropriated by this Act or otherwise
22
made available for fiscal year 2027 for operation and
23
maintenance, defense wide, and available for the Office of
24
the Secretary of Defense for travel expenses, not more
25
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than 90 percent may be obligated or expended until the
1
Secretary of Defense has submitted all documentation for
2
each award specified under subsection (a) to the Commit-
3
tees on Armed Services of the Senate and the House of
4
Representatives.
5
TITLE VI—COMPENSATION AND
6
OTHER PERSONNEL BENEFITS
7
Subtitle A—Pay and Allowances
8
SEC. 601. MODIFICATION OF REIMBURSEMENT OF EX-
9
PENSES RELATING TO TRAVEL FOR INAC-
10
TIVE-DUTY TRAINING AND MUSTER DUTY.
11
(a) IN GENERAL.—Section 452(j)(1) of title 37,
12
United States Code, is amended by striking ‘‘more than
13
50 miles’’ and inserting ‘‘to a permanent duty assignment
14
location requiring one-way travel of more than 100 miles’’.
15
(b) EFFECTIVE DATE.—Section 452(j) of title 37,
16
United States Code, as amended by subsection (a), shall
17
apply to travel on or after January 1, 2028.
18
(c) CONFORMING REPEAL.—Section 623 of the Serv-
19
icemember Quality of Life Improvement and National De-
20
fense Authorization Act for Fiscal Year 2025 (Public Law
21
118–159; 138 Stat. 1933) is amended by striking sub-
22
sections (b) and (c).
23
(d) REPORT REQUIRED.—Not later than September
24
30, 2027, the Secretary of Defense shall submit to the
25
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congressional defense committees a report containing the
1
following elements:
2
(1) The estimated marginal cost of implementa-
3
tion of subsection (j) of section 452 of title 37,
4
United States Code, as amended by subsection (a),
5
to the Department of Defense, and, for members of
6
the Coast Guard, the Department of Homeland Se-
7
curity, disaggregated by reserve component.
8
(2) The estimated total number of members of
9
the Armed Forces who would be affected by imple-
10
mentation of such subsection (j).
11
(3) Any recommended change to such sub-
12
section in order to improve efficacy or implementa-
13
tion.
14
(4) Any other matter that the Secretary deter-
15
mines appropriate.
16
SEC. 602. FISCAL YEAR 2027 INCREASE IN MILITARY BASIC
17
PAY.
18
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The
19
adjustment to become effective during fiscal year 2027 re-
20
quired by section 1009 of title 37, United States Code,
21
in the rates of monthly basic pay authorized members of
22
the uniformed services shall not be made.
23
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(b) INCREASE IN BASIC PAY.—Effective on January
1
1, 2027, the rates of monthly basic pay for members of
2
the uniformed services are increased by 3.6 percent.
3
SEC. 603. REIMBURSEMENT OF COSTS OF LONG COMMUTES
4
FOR MEMBERS ASSIGNED TO REMOTE OR
5
ISOLATED INSTALLATIONS IN AREAS WITH-
6
OUT AFFORDABLE HOUSING.
7
Section 453 of title 37, United States Code, is
8
amended by adding at the end the following new sub-
9
section:
10
‘‘(j) REIMBURSEMENT
OF COSTS
OF LONG COM-
11
MUTES FOR MEMBERS ASSIGNED TO REMOTE OR ISO-
12
LATED INSTALLATIONS IN AREAS WITHOUT AFFORDABLE
13
HOUSING.—(1) The Secretary concerned may reimburse
14
a member of the armed forces described in paragraph (2)
15
for the costs described in paragraph (3).
16
‘‘(2) A member is described in this paragraph if—
17
‘‘(A) the duty station of the member is a re-
18
mote or isolated installation (as defined in section
19
4705 of title 10);
20
‘‘(B) the member lives more than 30 miles, or
21
has a commute of longer than one hour, from the
22
member’s residence to the member’s duty station;
23
and
24
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‘‘(C) the member is unable to live closer to that
1
duty station because of a lack of affordable housing
2
and essential services near the duty station.
3
‘‘(3) The costs described in this paragraph are—
4
‘‘(A)(i) the average cost of fuel for the distance
5
the member travels from the member’s residence to
6
the member’s duty location; and
7
‘‘(ii) a percentage, to be determined by the Sec-
8
retary of Defense, of costs associated with mainte-
9
nance and wear-and-tear on the vehicle of the mem-
10
ber as a result of commuting; or
11
‘‘(B) if available, the cost of taking public
12
transportation from the member’s residence to the
13
member’s duty location.
14
‘‘(4) The Secretary of Defense shall establish guide-
15
lines for administering this subsection, including guide-
16
lines with respect to—
17
‘‘(A) how a member can apply for reimburse-
18
ment under this subsection; and
19
‘‘(B) verification of—
20
‘‘(i) the distance a member travels from
21
the member’s residence to the member’s duty
22
location, which may be accomplished through a
23
combination of housing records and tools for
24
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measuring distance using the Global Positioning
1
System; and
2
‘‘(ii) the lack of affordable housing and es-
3
sential services near the member’s duty sta-
4
tion.’’.
5
Subtitle B—Special and Incentive
6
Pay
7
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
8
BONUS AND SPECIAL PAY AUTHORITIES.
9
(a)
AUTHORITIES
RELATING
TO
RESERVE
10
FORCES.—Section 910(g) of title 37, United States Code,
11
relating to income replacement payments for reserve com-
12
ponent members experiencing extended and frequent mo-
13
bilization for active duty service, is amended by striking
14
‘‘December 31, 2026’’ and inserting ‘‘December 31,
15
2027’’.
16
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH
17
CARE PROFESSIONALS.—The following sections of title
18
10, United States Code, are amended by striking ‘‘Decem-
19
ber 31, 2026’’ and inserting ‘‘December 31, 2027’’:
20
(1) Section 2130a(a)(1), relating to nurse offi-
21
cer candidate accession program.
22
(2) Section 16302(d), relating to repayment of
23
education loans for certain health professionals who
24
serve in the Selected Reserve.
25
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(c) AUTHORITIES RELATING
TO NUCLEAR OFFI-
1
CERS.—Section 333(i) of title 37, United States Code, is
2
amended by striking ‘‘December 31, 2026’’ and inserting
3
‘‘December 31, 2027’’.
4
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
5
DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
6
THORITIES.—The following sections of title 37, United
7
States Code, are amended by striking ‘‘December 31,
8
2026’’ and inserting ‘‘December 31, 2027’’:
9
(1) Section 331(h), relating to general bonus
10
authority for enlisted members.
11
(2) Section 332(g), relating to general bonus
12
authority for officers.
13
(3) Section 334(i), relating to special aviation
14
incentive pay and bonus authorities for officers.
15
(4) Section 335(k), relating to special bonus
16
and incentive pay authorities for officers in health
17
professions.
18
(5) Section 336(g), relating to contracting
19
bonus for cadets and midshipmen enrolled in the
20
Senior Reserve Officers’ Training Corps.
21
(6) Section 351(h), relating to hazardous duty
22
pay.
23
(7) Section 352(g), relating to assignment pay
24
or special duty pay.
25
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(8) Section 353(i), relating to skill incentive
1
pay or proficiency bonus.
2
(9) Section 355(h), relating to retention incen-
3
tives for members qualified in critical military skills
4
or assigned to high priority units.
5
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
6
IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
7
403(b) of title 37, United States Code, is amended—
8
(1) in paragraph (7)(E), relating to an area
9
covered by a major disaster declaration or con-
10
taining an installation experiencing an influx of mili-
11
tary personnel, by striking ‘‘December 31, 2026’’
12
and inserting ‘‘December 31, 2027’’; and
13
(2) in paragraph (8)(C), relating to an area
14
where actual housing costs differ from current rates
15
by more than 20 percent, by striking ‘‘December 31,
16
2026’’ and inserting ‘‘December 31, 2027’’.
17
SEC. 612. INCREASE IN MAXIMUM AMOUNT OF AVIATION
18
BONUS.
19
Section 334(c)(1)(B) of title 37, United States Code,
20
is amended by striking ‘‘$50,000’’ and inserting
21
‘‘$60,000’’.
22
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SEC. 613. AUTHORIZATION OF BOARD CERTIFICATION IN-
1
CENTIVE PAY FOR VETERINARY COMPARA-
2
TIVE MEDICINE OFFICERS.
3
Section 335(c)(2) of title 37, United States Code, is
4
amended by inserting ‘‘or holds a comparable qualifying
5
Doctor of Philosophy (PhD) degree, as determined by the
6
Secretary concerned,’’ after ‘‘is board certified’’.
7
SEC. 614. MODIFICATION OF BONUS AUTHORITY FOR SEN-
8
IOR RESERVE OFFICERS’ TRAINING CORPS
9
CADETS AND MIDSHIPMEN.
10
Section 336 of title 37, United States Code, is
11
amended—
12
(1) in subsection (b), by striking ‘‘$5,000’’ and
13
inserting ‘‘$15,000’’; and
14
(2) in subsection (c)(1), by striking ‘‘field train-
15
ing
or
a
practice
cruise
under
section
16
2104(b)(6)(A)(ii) of title 10’’ and inserting ‘‘training
17
requirements prescribed by the Secretary con-
18
cerned’’.
19
SEC. 615. INCREASE IN MAXIMUM AMOUNTS OF HOSTILE
20
FIRE PAY AND IMMINENT DANGER PAY.
21
Section 351(b) of title 37, United States Code, is
22
amended—
23
(1) in paragraph (1), by striking ‘‘$450’’ and
24
inserting ‘‘$600’’; and
25
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(2) in paragraph (2), by striking ‘‘$275’’ and
1
inserting ‘‘$400’’.
2
SEC. 616. MEDICAL PROVIDERS QUALIFIED TO RECERTIFY
3
CATASTROPHIC
INJURIES
OR
ILLNESSES
4
QUALIFYING MEMBERS FOR SPECIAL COM-
5
PENSATION.
6
Section 439(b) of title 37, United States Code, is
7
amended—
8
(1) in paragraph (2), by striking ‘‘has been cer-
9
tified’’ and inserting ‘‘was initially certified’’;
10
(2) by redesignating paragraphs (3) and (4) as
11
paragraphs (4) and (5), respectively; and
12
(3) by inserting after paragraph (2) the fol-
13
lowing new paragraph (3):
14
‘‘(3) has been recertified (if required), by a li-
15
censed physician, nurse practitioner, or physician as-
16
sistant, as in need of such assistance;’’.
17
Subtitle C—Commissary and
18
Exchange Benefits
19
SEC. 621. AUTHORIZED PATRONS OF COMMISSARY AND EX-
20
CHANGE STORES.
21
(a) IN GENERAL.—Chapter 54 of title 10, United
22
States Code, is amended—
23
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(1) by redesignating sections 1061 through
1
1066 as sections 1062 through 1067, respectively;
2
and
3
(2) by inserting before section 1062, as so re-
4
designated, the following new section:
5
‘‘§ 1061. Authorized patrons of commissary and ex-
6
change stores
7
‘‘(a) AUTHORIZED COMMISSARY PATRONS.—
8
‘‘(1) IN GENERAL.—The following categories of
9
individuals may access commissary stores:
10
‘‘(A) Members of the uniformed services,
11
as follows:
12
‘‘(i) Members of the armed forces on
13
active duty.
14
‘‘(ii) Members of the National Guard
15
and reserve components in any duty status
16
under this title or title 32.
17
‘‘(iii) Members of the commissioned
18
corps of the Public Health Service.
19
‘‘(iv) Members of the commissioned
20
officer corps of the National Oceanic and
21
Atmospheric
Administration,
including
22
wage-marine personnel authorized under
23
section 264 of the National Oceanic and
24
Atmospheric Administration Commissioned
25
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Officer Corps Act of 2002 (33 U.S.C.
1
3074) to access commissary stores.
2
‘‘(v) Cadets and midshipmen of the
3
United States Military Academy, the
4
United States Naval Academy, the United
5
States Air Force Academy, and the United
6
States Coast Guard Academy.
7
‘‘(B) Retired members of the uniformed
8
services, as follows:
9
‘‘(i) All members carried on the offi-
10
cial retired lists of the uniformed services
11
who are entitled to or eligible for retired or
12
retainer pay.
13
‘‘(ii) Retired wage-marine personnel of
14
the National Oceanic and Atmospheric Ad-
15
ministration and its predecessor services.
16
‘‘(iii) Retired officers and crews of the
17
former Lighthouse Service.
18
‘‘(C) Other former members of the uni-
19
formed services, as follows:
20
‘‘(i) Veterans—
21
‘‘(I) discharged or released from
22
service in the armed forces under hon-
23
orable conditions; and
24
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‘‘(II) who are hospitalized in fa-
1
cilities where commissary stores are
2
available.
3
‘‘(ii) Any other retired or former
4
members or veterans expressly entitled
5
under this title to access commissary
6
stores.
7
‘‘(D) Dependents (as defined in section
8
1072 of this title) of any individual described in
9
subparagraph (A), (B), or (C), including sur-
10
viving spouses and dependents of members or
11
veterans described in subparagraph (B) or (C).
12
‘‘(E) Civilian employees of the Department
13
of Defense and nonappropriated fund instru-
14
mentality employees (as defined in section
15
1587(a) of this title) who are—
16
‘‘(i) are assigned to a military instal-
17
lation—
18
‘‘(I) outside the United States; or
19
‘‘(II) in a commonwealth, terri-
20
tory, or possession of the United
21
States; or
22
‘‘(ii) are designated by the Secretary
23
concerned as serving in a mission-critical
24
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occupation or a position experiencing a sig-
1
nificant staffing shortage.
2
‘‘(F) Subject to paragraph (3)(D), civilian
3
employees of other Federal agencies when serv-
4
ing outside the United States, or in a common-
5
wealth, territory, or possession of the United
6
States, pursuant to a written support agree-
7
ment authorized under section 2470 of this title
8
or other formal interagency agreement with the
9
Department of Defense.
10
‘‘(G) Subject to paragraph (3)(D), employ-
11
ees of United States nongovernmental organiza-
12
tions or firms working outside the United
13
States, or in a commonwealth, territory, or pos-
14
session of the United States, under contracts
15
with the Department of Defense.
16
‘‘(H) Civil service mariners of the Military
17
Sealift Command and the Army Corps of Engi-
18
neers.
19
‘‘(I) Nuclear materials couriers (as defined
20
in section 8331 of title 5).
21
‘‘(2) LIMITED AND TEMPORARY ACCESS CAT-
22
EGORIES.—In addition to the categories of individ-
23
uals described in paragraph (1), the Secretary of
24
Defense may authorize access to commissary stores
25
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for the following categories of individuals in the fol-
1
lowing circumstances:
2
‘‘(A) Employees of the Defense Com-
3
missary Agency assigned to commissary stores
4
within the United States, for personal, on-
5
premise consumption during meals and author-
6
ized breaks within scheduled working hours.
7
‘‘(B) Civilian officials of the Department of
8
Defense appointed by the President who reside
9
in Government quarters on military installa-
10
tions and family members of such officials who
11
reside with such officials.
12
‘‘(C) Officers and enlisted personnel of the
13
military services of foreign countries when on
14
duty with the United States armed forces or
15
under reciprocal agreements.
16
‘‘(D) Representatives and employees of the
17
American National Red Cross, United Service
18
Organizations, the United Seamen’s Service,
19
the Armed Services Young Men’s Christian As-
20
sociation, and the Fisher House Foundation
21
when assigned to duty with or in direct support
22
of the armed forces—
23
‘‘(i) outside the United States; or
24
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‘‘(ii) in a commonwealth, territory, or
1
possession of the United States.
2
‘‘(E) Personal agents designated in writing
3
by the commander of a military installation to
4
shop on behalf of individuals who are author-
5
ized to access commissary stores under this
6
subsection.
7
‘‘(F) Individuals or employees of entities
8
granted temporary access, when such access is
9
necessary to restore or sustain military oper-
10
ations, during—
11
‘‘(i) federally declared disasters (as
12
defined in section 1065 of this title); or
13
‘‘(ii) humanitarian relief or other
14
emergency operations.
15
‘‘(G) Members of the armed forces who are
16
involuntarily separated as a result of force re-
17
shaping during the two-year period following
18
such separation.
19
‘‘(H) Members of the armed forces who re-
20
ceive sole survivorship discharges described in
21
section 1174(i) of this title during the two-year
22
period following such separation.
23
‘‘(3) ADMINISTRATION.—
24
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‘‘(A) DURATION.—An individual is author-
1
ized to access commissary stores under this
2
subsection for only so long as the qualifying
3
status, employment, or assignment of the indi-
4
vidual remains applicable or as otherwise pro-
5
vided by statute.
6
‘‘(B) EXCEPTION.—This subsection does
7
not authorize access to commissary stores in
8
foreign countries where treaties or international
9
agreements prohibit such access.
10
‘‘(C) LIMITATIONS.—The authority under
11
this subsection—
12
‘‘(i) may not be used to establish a
13
broad or permanent category of individuals
14
authorized to access commissary stores
15
other than a category specifically author-
16
ized by this subsection; and
17
‘‘(ii) shall be implemented in a man-
18
ner that ensures no additional funds are
19
required to be appropriated.
20
‘‘(D) OFFSETTING OF COSTS OF ACCESS
21
FOR CERTAIN INDIVIDUALS.—In the case of an
22
individual described in subparagraph (F) or (G)
23
of paragraph (1), the Secretary of Defense may
24
impose a fee or surcharge, or use another mech-
25
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anism, as necessary to offset the administrative
1
costs of providing the individual access to com-
2
missary stores.
3
‘‘(E) PROHIBITION ON EXPANSION OF AC-
4
CESS WITHOUT APPROVAL OF CONGRESS.—Ex-
5
cept as expressly authorized by an Act of Con-
6
gress, the Secretary of Defense, and any other
7
official or employee of the Department of De-
8
fense, may not expand eligibility for access to
9
commissary stores to any additional individual
10
or category of individuals by regulation, policy,
11
memorandum, or other administrative action.
12
‘‘(b) AUTHORIZED EXCHANGE SYSTEM PATRONS.—
13
‘‘(1) IN GENERAL.—The categories of individ-
14
uals authorized to access commissary stores under
15
subsection (a) are also authorized to access the mili-
16
tary exchange system operated by the Department of
17
Defense, including the Army and Air Force Ex-
18
change Service, the Navy Exchange Service Com-
19
mand, and the Marine Corps Exchange.
20
‘‘(2) OTHER AUTHORIZED PATRONS.—
21
‘‘(A) CIVILIAN EMPLOYEES; NUCLEAR MA-
22
TERIALS COURIERS.—Civilian employees of the
23
Department of Defense and nonappropriated
24
fund instrumentality employees (as defined in
25
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section 1587(a) of this title), and nuclear mate-
1
rials couriers (as defined in section 8331 of title
2
5), are authorized to access military exchange
3
stores located in the United States and in the
4
commonwealths, territories, or possessions of
5
the United States, including for the purchase of
6
tobacco products and alcoholic beverages.
7
‘‘(B) VETERANS.—Veterans discharged or
8
released from service in the armed forces under
9
honorable conditions are authorized to access
10
the online military exchange system, consistent
11
with the policy of the Department of Defense in
12
effect before the date of the enactment of the
13
National Defense Authorization Act for Fiscal
14
Year 2027 governing remote sales of the mili-
15
tary exchange system.
16
‘‘(C) LIMITATIONS.—Access to the military
17
exchange system authorized under this para-
18
graph does not—
19
‘‘(i) include authorization to purchase
20
military uniforms; or
21
‘‘(ii) extend to any other programs,
22
facilities, or services operated by non-
23
appropriated fund activities of the Depart-
24
ment of Defense for the morale, welfare,
25
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and recreation of members of the armed
1
forces.
2
‘‘(3) DURATION.—An individual is authorized
3
to access the military exchange system under this
4
subsection for only so long as the qualifying status,
5
employment, or assignment of the individual remains
6
applicable or as otherwise provided by statute.
7
‘‘(4) PROHIBITION ON EXPANSION OF ACCESS
8
WITHOUT APPROVAL OF CONGRESS.—Except as pro-
9
vided by paragraph (2)(C) or as expressly authorized
10
by an Act of Congress, the Secretary of Defense,
11
and any other officer or employee of the Department
12
of Defense, may not expand eligibility for access to
13
the military exchange system to any additional indi-
14
vidual, or category of individuals by regulation, pol-
15
icy, memorandum, or other administrative action.
16
‘‘(c) TEMPORARY AUTHORIZATIONS.—
17
‘‘(1) IN GENERAL.—The Secretary of Defense
18
may authorize temporary access to commissary
19
stores and the military exchange system for a period
20
of not more than one year for categories of individ-
21
uals not covered by subsection (a) or (b) if—
22
‘‘(A) those individuals are otherwise au-
23
thorized to access military installations; and
24
‘‘(B) the Secretary—
25
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‘‘(i) notifies the Committees on Armed
1
Services of the Senate and the House of
2
Representatives of the authorization; and
3
‘‘(ii) includes in that notification a de-
4
scription of the categories of individuals
5
authorized to access the military exchange
6
system and the rationale for authorizing
7
such access.
8
‘‘(2) RENEWALS.—The Secretary is authorized
9
to renew an authorization for temporary access pro-
10
vided under paragraph (1) for additional periods of
11
not more than one year each if, for each renewal,
12
the Secretary submits the notification required by
13
paragraph (1)(B) not fewer than 60 days before the
14
effective date of the renewal.’’.
15
(b) CONFORMING AMENDMENTS.—Chapter 54 of
16
title 10, United States Code, as amended by subsection
17
(a), is further amended—
18
(1) in section 1063(c), by striking ‘‘section
19
1063’’ and inserting ‘‘section 1064’’;
20
(2) in section 1065(c)(2), by striking ‘‘section
21
1063(e)’’ and inserting ‘‘section 1064’’;
22
(3) in section 1066(h)(1)(A), by striking ‘‘sec-
23
tion 1063(e)’’ and inserting ‘‘section 1064’’; and
24
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(4) in section 1067(c)(1), by striking ‘‘section
1
1063’’ and inserting ‘‘section 1064’’.
2
SEC. 622. MODIFICATION OF OPERATING EXPENSES OF
3
COMMISSARY STORES.
4
Section 2483 of title 10, United States Code, is
5
amended—
6
(1) in subsection (b), by adding at the end the
7
following new paragraph:
8
‘‘(8) Construction, repair, improvement, and
9
maintenance of physical infrastructure (as defined in
10
section 2484(h)(1)(B) of this title).’’; and
11
(2) by adding at the end the following new sub-
12
section:
13
‘‘(d) LIMITATIONS RELATING
TO MILITARY CON-
14
STRUCTION.—Amounts used for construction under sub-
15
section (b)(8) shall be subject to the requirements and lim-
16
itations under section 2805 of this title.’’.
17
SEC. 623. PILOT PROGRAM ON ACCESS OF CIVILIAN EM-
18
PLOYEES TO COMMISSARY STORES.
19
(a) AUTHORITY.—The Secretary of Defense may
20
carry out a pilot program to assess the feasibility of, de-
21
mand for, and financial impact of extending access to com-
22
missary stores to civilian employees of the Department of
23
Defense while maintaining the benefit of such access for
24
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members and retired members of the Armed Forces and
1
their families.
2
(b) ELIGIBLE EMPLOYEES.—Under the pilot pro-
3
gram authorized by subsection (a), the Secretary may pro-
4
vide access to a commissary store selected for participation
5
in the pilot program under subsection (c) to full-time civil-
6
ian employees of the Department of Defense and non-
7
appropriated fund instrumentality employees (as defined
8
in section 1587(a) of this title) who are assigned to a loca-
9
tion within the vicinity of the military installation where
10
the store is located.
11
(c) SELECTION OF STORES.—The Secretary—
12
(1) may select up to 16 commissary stores with-
13
in the continental United States to participate in the
14
pilot program authorized by subsection (a); and
15
(2) in making selections under paragraph (1),
16
shall ensure representation of diverse geographic re-
17
gions and types of military installations.
18
(d) FEES.—The Secretary may impose a fee or sur-
19
charge, or use another mechanism—
20
(1) to offset the administrative costs of pro-
21
viding access to commissary stores to employees de-
22
scribed in subsection (b); and
23
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(2) to ensure that no additional amounts are
1
required to be appropriated to carry out the pilot
2
program authorized by subsection (a).
3
(e) DURATION.—The Secretary may determine the
4
duration of the pilot program authorized by subsection (a),
5
except that the pilot program shall terminate not later
6
than January 1, 2028.
7
(f) REPORT REQUIRED.—Not later than 180 days
8
after the termination under subsection (e) of the pilot pro-
9
gram authorized by subsection (a), the Secretary shall
10
submit to the Committees on Armed Services of the Sen-
11
ate and the House of Representatives a report evalu-
12
ating—
13
(1) the number and categories of employees de-
14
scribed in subsection (b) participating in the pilot
15
program, including participation rates by military in-
16
stallation, grade, and employment type;
17
(2) the total volume of sales and patronage lev-
18
els generated by those employees and the proportion
19
of total commissary sales represented by the patron-
20
age of those employees;
21
(3) the gross and net revenue generated from
22
sales to those employees;
23
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(4) the disposition or use of any additional rev-
1
enues, fees, or surcharges collected under the pilot
2
program;
3
(5) the impact of the pilot program on the over-
4
all operating costs of commissary stores, including
5
with respect to labor, supply chain, and inventory
6
management;
7
(6) any observed or projected effects of the pilot
8
program on the requirements of the Defense Com-
9
missary Agency for appropriations and the subsidies
10
provided for the operations of commissary stores;
11
(7) the impact of the pilot program on infra-
12
structure, security, parking, and utilities at com-
13
missary stores participating in the pilot program;
14
(8) the effect of the pilot program on access to
15
and wait times at commissary stores, and customer
16
satisfaction, for members of the Armed Forces;
17
(9) any operational challenges, staffing adjust-
18
ments, or system modifications required to carry out
19
the pilot program;
20
(10) any adjustments to procurement or con-
21
tracting requirements associated with increased pa-
22
tronage resulting from the pilot program; and
23
(11) the overall feasibility, fiscal sustainability,
24
and advisability of permanent or expanded access to
25
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commissary stores for civilian employees of the De-
1
partment of Defense, including recommendations for
2
any legislative or policy changes necessary to sup-
3
port such access.
4
Subtitle D—Other Matters
5
SEC. 631. AUTHORITY FOR SHIPMENT AND STORAGE OF
6
PRIVATELY OWNED VEHICLES OF MEMBERS
7
MOVING BETWEEN AUTHORIZED LOCATIONS.
8
Section 453(c)(4) of title 37, United States Code, is
9
amended to read as follows:
10
‘‘(4)(A) The Secretary of the military department
11
concerned may authorize the shipment or storage of more
12
than one privately owned vehicle for a member of the
13
armed forces in connection with a temporary or permanent
14
move between authorized locations.
15
‘‘(B) The exercise of the authority provided by sub-
16
paragraph (A) shall—
17
‘‘(i) be subject to the availability of appropria-
18
tions and operational requirements; and
19
‘‘(ii) not be conditioned on the implementation
20
of a Department of Defense-wide policy on shipment
21
and storage of personally owned vehicles.’’.
22
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SEC. 632. REIMBURSEMENT OF GUARDIANSHIP COSTS IN-
1
CURRED AS A RESULT OF RELOCATIONS.
2
Section 453 of title 37, United States Code, is
3
amended by adding at the end the following new sub-
4
section:
5
‘‘(j) REIMBURSEMENT OF QUALIFYING GUARDIAN-
6
SHIP COSTS.—(1) From amounts otherwise made avail-
7
able for a fiscal year to provide travel and transportation
8
allowances under this chapter, the Secretary concerned
9
may reimburse a member of the uniformed services for
10
qualified guardianship costs if—
11
‘‘(A) the member relocates to a new jurisdiction
12
or geographic area as the result of—
13
‘‘(i) an assignment to a duty station;
14
‘‘(ii) a reassignment, either as a result of
15
a permanent change of station or permanent
16
change of assignment, between duty stations;
17
‘‘(iii) a transfer from a regular component
18
of a uniformed service into the Selected Reserve
19
of the Ready Reserve of a uniformed service, if
20
the member is authorized a final move from the
21
last duty station to the new jurisdiction or geo-
22
graphic area; or
23
‘‘(iv) placement on the temporary disability
24
retired list under chapter 61 of title 10; and
25
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‘‘(B) the movement of the member’s dependents
1
is authorized at the expense of the United States
2
under this section as part of the relocation.
3
‘‘(2)(A) Reimbursement provided to a member under
4
this subsection for qualified guardianship costs may not
5
exceed $1,000 in connection with each relocation described
6
in paragraph (1).
7
‘‘(3) No reimbursement may be provided under this
8
subsection for qualified guardianship costs paid or in-
9
curred after December 31, 2029.
10
‘‘(4) In this subsection, the term ‘qualified guardian-
11
ship costs’ means costs, including paperwork, travel, or
12
court, legal, or other administrative fees, incurred by a
13
member or the spouse of a member if—
14
‘‘(A) a State appoints the member or spouse as
15
the guardian of a minor child or an adult adju-
16
dicated to be in need of a guardian; and
17
‘‘(B) the member or spouse needs to seek a new
18
appointment in a new jurisdiction because of the
19
member’s relocation described in paragraph (1).’’.
20
SEC. 633. PROVISION OF COUNSELING ON HOUSING FOR
21
MEMBERS OF THE ARMED FORCES.
22
Section 992 of title 10, United States Code, is
23
amended—
24
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(1) in subsection (b)(2), by adding at the end
1
the following new subparagraph:
2
‘‘(C) The Secretary concerned may, subject to the ap-
3
plicable requirements of this section, enter into contracts
4
to provide counseling under this paragraph with individ-
5
uals and organizations that provide counseling with re-
6
spect to housing, including organizations that are certified
7
under section 106(e) of the Housing and Urban Develop-
8
ment Act of 1968 (12 U.S.C. 1701x(e)).’’; and
9
(2) in subsection (f)(3), by striking ‘‘and mort-
10
gages’’ and inserting ‘‘mortgages, and other finan-
11
cial products related to the purchase or lease of a
12
primary residence (and information on fees related
13
to such products)’’.
14
SEC. 634. SPECIAL PRIORITY TRAVEL AUTHORIZATION FOR
15
PERSONNEL STATIONED AT UNITED STATES
16
NAVAL STATION, GUANTANAMO BAY, CUBA.
17
Section 2641b of title 10, United States Code, is
18
amended—
19
(1) by redesignating subsection (g) as sub-
20
section (h); and
21
(2) by inserting after subsection (f) the fol-
22
lowing new subsection (g):
23
‘‘(g) SPECIAL PRIORITY FOR TRAVEL TO AND FROM
24
UNITED STATES NAVAL STATION GUANTANAMO BAY,
25
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CUBA.—(1) An individual eligible pursuant to subsection
1
(c) for the travel program who is stationed at United
2
States Naval Station, Guantanamo Bay, Cuba, may pur-
3
chase transportation, at commercially competitive rates
4
(as determined by the agency contracting for the transpor-
5
tation), for travel to and from Naval Station Guantanamo
6
Bay, Cuba, without regard to subsection (b).
7
‘‘(2) An individual described in paragraph (1) shall
8
have a priority for transportation under the travel pro-
9
gram consistent with other official travelers, as deter-
10
mined by the Secretary.
11
‘‘(3) Notwithstanding section 3302 of title 31,
12
amounts collected under paragraph (1) shall be credited
13
to the appropriate appropriation of the agency contracting
14
for the transportation. Amounts so collected shall be cred-
15
ited to and merged with the funds in that appropriation
16
and shall be available for the same period and purposes
17
as the appropriation with which merged.’’.
18
SEC. 635. PROGRAM TO ASSIST MEMBERS IN OBTAINING
19
PERSONAL DRIVER’S LICENSES.
20
Chapter 101 of title 10, United States Code, is
21
amended by inserting after section 2015 the following new
22
section:
23
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‘‘§ 2015a. Authority to assist members in obtaining
1
State driver’s licenses
2
‘‘(a) IN GENERAL.—The Secretary of Defense may
3
provide assistance to a member of the armed forces for
4
expenses of obtaining, while serving in the armed forces,
5
a personal driver’s license under the laws of a State.
6
‘‘(b) STATE DEFINED.—In this section, the term
7
‘State’ means the several States, the District of Columbia,
8
the Commonwealth of Puerto Rico, the Commonwealth of
9
the Northern Mariana Islands, Guam, the United States
10
Virgin Islands, and American Samoa.’’.
11
SEC. 636. STUDENT LOAN RELIEF FOR MEMBERS OF SE-
12
LECTED RESERVE.
13
Section 16301(b) of title 10, United States Code, is
14
amended by striking ‘‘15 percent’’ and inserting ‘‘20 per-
15
cent’’.
16
SEC. 637. ENHANCEMENT OF AIR FORCE RATED OFFICER
17
RETENTION DEMONSTRATION PROGRAM.
18
Section 604 of the James M. Inhofe National Defense
19
Authorization Act for Fiscal Year 2023 (Public Law 117–
20
263; 37 U.S.C. 301b note) is amended—
21
(1) in subsection (b)(2), by striking ‘‘and not
22
less than one year’’; and
23
(2) in subsection (d), by striking paragraph (1)
24
and inserting the following:
25
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‘‘(1) FLEXIBILITY OF ASSIGNMENT AND DUTY
1
LOCATIONS.—Under the demonstration program re-
2
quired under subsection (a), the Secretary shall, to
3
the maximum extent practicable and consistent with
4
the needs of the Air Force, offer a rated officer de-
5
scribed in subsection (b)—
6
‘‘(A) assignment to the duty location pre-
7
ferred by the officer, including consecutive as-
8
signments to the same duty location; or
9
‘‘(B) the opportunity to perform a staff as-
10
signment that—
11
‘‘(i) does not require the officer to re-
12
locate; or
13
‘‘(ii) permits the officer to remain in
14
an active flying status while performing
15
such assignment.’’.
16
SEC. 638. PILOT PROGRAM ON CAREER INTERMISSIONS
17
FOR CERTAIN AIR FORCE FIGHTER AIRCREW.
18
(a) ESTABLISHMENT.—Not later than one year after
19
the date of the enactment of this Act, the Secretary of
20
the Air Force shall establish a pilot program, under the
21
authority provided by section 710 of title 10, United
22
States Code, to permit officers in Air Force fighter aircrew
23
career fields to take a one-time career intermission in
24
order to evaluate whether targeted career intermissions re-
25
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duce early separations and preserve experienced fighter
1
aircrew subject-matter experts for air staff positions and
2
leadership roles in the active component of the Air Force.
3
(b) INTERMISSION PERIOD.—An intermission under
4
the pilot program established under subsection (a) shall
5
be for a period of not less than 4 months and not more
6
than one year, as selected by the participant.
7
(c) TREATMENT OF AVIATION BONUSES.—
8
(1) ELIGIBILITY.—An officer described in sub-
9
section (a) may participate in the pilot program es-
10
tablished under that subsection if the officer is sub-
11
ject to an active duty service obligation of not less
12
than two years as of the beginning of the period of
13
intermission of the officer under subsection (b). Par-
14
ticipation in the pilot program shall not, by itself,
15
disqualify an officer from eligibility for an aviation
16
bonus under section 334(b) of title 37, United
17
States Code.
18
(2) SUSPENSION OF PAYMENTS.—Payment of
19
an aviation bonus under section 334(b) of title 37,
20
United States Code, to an officer shall be suspended
21
during any period of intermission of an officer under
22
the pilot program established under subsection (a).
23
(3) RESUMPTION OF PAYMENTS.—Upon the re-
24
turn of an officer to active duty after an inter-
25
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mission under the pilot program established under
1
subsection (a), payment of an aviation bonus under
2
section 334(b) of title 37, United States Code, may
3
resume for the remaining period of the agreement of
4
the officer under paragraph (3) of that section, sub-
5
ject to the terms of the agreement.
6
(4) TOLLING.—Any period of intermission
7
under the pilot program established under sub-
8
section (a) shall not be counted toward the fulfill-
9
ment of an agreement with respect to an aviation
10
bonus under section 334(b) of title 37, United
11
States Code.
12
(5) OTHER SERVICE OBLIGATIONS.—Except as
13
provided in paragraph (4), an officer shall continue
14
to satisfy any other active duty service obligation
15
during a period of intermission under the pilot pro-
16
gram established under subsection (a).
17
(d) APPLICATION OF CAREER INTERMISSION PRO-
18
GRAM AUTHORITIES.—Except as otherwise provided in
19
this section, the Secretary shall carry out the pilot pro-
20
gram established under subsection (a) in accordance with
21
section 710 of title 10, United States Code.
22
(e) TERMINATION.—The authority to carry out the
23
pilot program under subsection (a) shall terminate on the
24
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date that is 5 years after the date on which the pilot pro-
1
gram is established.
2
(f) REPORTS REQUIRED.—Not later than one year
3
after the establishment of the pilot program under sub-
4
section (a), and annually thereafter until termination of
5
the pilot program under subsection (e), the Secretary shall
6
submit to the Committees on Armed Services of the Sen-
7
ate and the House of Representatives a report on the im-
8
plementation and effectiveness of the pilot program.
9
TITLE VII—HEALTH CARE
10
Subtitle A—TRICARE and Other
11
Health Care Benefits
12
SEC. 701. DIGITAL SYSTEM FOR BENEFICIARY ASSISTANCE
13
AT MILITARY MEDICAL TREATMENT FACILI-
14
TIES AND THROUGH MANAGED CARE SUP-
15
PORT CONTRACTORS.
16
(a) DIGITAL SYSTEM FOR ACCESS ASSISTANCE.—
17
(1) IN GENERAL.—Not later than 18 months
18
after the date of the enactment of this Act, the Sec-
19
retary of Defense shall establish a digital system
20
under which a covered beneficiary who receives
21
health care at a military medical treatment facility
22
or through a managed care support contractor under
23
the TRICARE program may electronically—
24
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(A) file a complaint, raise awareness about
1
an issue, or provide positive feedback relating to
2
access to care at such military medical treat-
3
ment facility or through such managed care
4
support contractor; and
5
(B) view the status of such complaint or
6
issue at any time, including the status of any
7
interim or final action taken to address the
8
complaint or issue.
9
(2) PROCESS.—The Director of the Defense
10
Health Agency shall develop a process to acknowl-
11
edge receipt of complaints or issues under paragraph
12
(1)(A) and specify a timeline for response to such
13
complaints or issues.
14
(3) TRANSMITTAL TO PATIENT ADVOCATES.—
15
Any complaint or issue filed under paragraph (1)(A)
16
shall be promptly transmitted to an appropriate pa-
17
tient advocate of the Department of Defense.
18
(4) MILITARY MEDICAL TREATMENT FACILITY
19
COMPLAINTS OR ISSUES.—Complaints or issues filed
20
under paragraph (1)(A) with respect to a military
21
medical treatment facility may be automatically ag-
22
gregated and submitted to the Director of the De-
23
fense Health Agency on a quarterly basis.
24
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(b) REPORT ON COMPLAINTS FILED UNDER DIGITAL
1
SYSTEM.—
2
(1) SUBMISSION.—Not later than March 1 of
3
each year during the three-year period following the
4
establishment of the system under subsection (a),
5
the Secretary of Defense shall submit to the Com-
6
mittees on Armed Services of the Senate and the
7
House of Representatives a report on the total num-
8
ber of complaints or issues filed under such system.
9
(2) ELEMENTS.—Each report under paragraph
10
(1) shall include, for each military medical treatment
11
facility with respect to which a complaint or issue
12
was filed under the system under subsection (a), the
13
following:
14
(A) An identification of the most common
15
access to care complaints or issues filed by cov-
16
ered beneficiaries with respect to such facility.
17
(B) A comparison of the number of com-
18
plaints or issues filed regarding access to spe-
19
cialty care versus access to primary care.
20
(C) A comparison of the number of com-
21
plaints or issues filed regarding access to wom-
22
en’s health care versus access to health care
23
that is not women’s health care.
24
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(D) A comparison of the number of com-
1
plaints or issues filed regarding access to pedi-
2
atric care versus access to non-pediatric care.
3
(E) A comparison of the number of com-
4
plaints or issues filed regarding administrative
5
hurdles to access to care versus other access to
6
care issues.
7
(F) A summary of steps taken at such fa-
8
cility to reduce access to care complaints or
9
issues by covered beneficiaries.
10
(c) DEFINITIONS.—In this section:
11
(1) COVERED BENEFICIARY.—The term ‘‘cov-
12
ered beneficiary’’ means an individual enrolled in a
13
health care plan under the TRICARE program and
14
eligible to receive care at a military medical treat-
15
ment facility.
16
(2) MANAGED CARE SUPPORT CONTRACTOR.—
17
The term ‘‘managed care support contractor’’ means
18
a health care organization contracted to provide care
19
via a managed support contract in support of the
20
health benefits under the TRICARE program.
21
(3)
TRICARE
PROGRAM.—The
term
22
‘‘TRICARE program’’ has the meaning given that
23
term in section 1072 of title 10, United States Code.
24
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SEC. 702. EXPANSION OF ACCESS TO DENTAL CARE FOR
1
CERTAIN DEPENDENTS.
2
Paragraph (2) of section 1077(c) of title 10, United
3
States Code, is amended to read as follows:
4
‘‘(2)(A) Dependents who are covered by a dental plan
5
established under section 1076a of this title may be treat-
6
ed by postgraduate dental residents in a dental treatment
7
facility of the uniformed services under a graduate dental
8
education program accredited by the American Dental As-
9
sociation.
10
‘‘(B) Treatment under subparagraph (A) shall be
11
provided on a space available basis and only if the Sec-
12
retary of Defense determines that adequate resources exist
13
to provide such treatment.’’.
14
SEC. 703. EXPANSION OF ELIGIBILITY FOR HEARING AIDS
15
TO INCLUDE CHILDREN OF RETIRED MEM-
16
BERS OF THE UNIFORMED SERVICES EN-
17
ROLLED
IN
FAMILY
COVERAGE
UNDER
18
TRICARE SELECT.
19
Section 1077(a)(16)(B)(ii) of title 10, United States
20
Code, is amended by inserting ‘‘or TRICARE Select’’ be-
21
fore the period at the end.
22
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SEC. 704. EVALUATION OF INCLUSION OF ADDITIONAL AC-
1
CREDITING
BODIES
FOR
PURPOSES
OF
2
QUALIFICATIONS FOR LICENSURE OF MEN-
3
TAL
HEALTH
PROFESSIONALS
UNDER
4
TRICARE PROGRAM.
5
(a) IN GENERAL.—The Director of the Defense
6
Health Agency shall evaluate the feasibility and advis-
7
ability of permitting reimbursement under the TRICARE
8
program of certified mental health counselors who hold a
9
masters or higher-level degree in counseling from a pro-
10
gram that is accredited by a covered institution.
11
(b) REPORT.—Not later than July 1, 2027, the Di-
12
rector shall submit to the Committees on Armed Services
13
of the Senate and the House of Representatives a report
14
on the evaluation conducted under subsection (a).
15
(c) INTERIM FINAL RULE.—If the report submitted
16
under subsection (b) recommends permitting reimburse-
17
ment of counselors with a degree from a program accred-
18
ited by a covered institution, the Director shall issue an
19
interim final rule implementing such recommendations not
20
later than two years after submittal of the report.
21
(d) DEFINITIONS.—In this section:
22
(1) COVERED
INSTITUTION.—The term ‘‘cov-
23
ered institution’’ means any of the following:
24
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(A) The Accrediting Commission for Com-
1
munity and Junior Colleges Western Associa-
2
tion of Schools and Colleges.
3
(B) The Higher Learning Commission.
4
(C) The Middle States Commission on
5
Higher Education.
6
(D) The New England Association of
7
Schools and Colleges Commission on Institu-
8
tions of Higher Education.
9
(E) The Southern Association of Colleges
10
and Schools Commission on Colleges.
11
(F) The Western Association of Schools
12
and Colleges Senior College and University
13
Commission.
14
(G) The Accrediting Bureau of Health
15
Education Schools.
16
(H) The Accrediting Commission of Career
17
Schools and Colleges.
18
(I) The Accrediting Council for Inde-
19
pendent Colleges and Schools.
20
(J) The Distance Education Accreditation
21
Commission.
22
(K) The Council for Accreditation of Edu-
23
cator Preparation.
24
(L) The American Psychology Association.
25
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(2)
TRICARE
PROGRAM.—The
term
1
‘‘TRICARE program’’ has the meaning given that
2
term in section 1072 of title 10, United States Code.
3
SEC. 705. IMPROVEMENT OF PROVIDER DIRECTORY ACCU-
4
RACY
FOR
SPECIALTY
CARE
PROVIDERS
5
UNDER THE TRICARE PROGRAM.
6
(a) IN GENERAL.—The Director of the Defense
7
Health Agency shall—
8
(1) ensure that each managed care contract
9
under the TRICARE program entered into after the
10
date of the enactment of this Act includes require-
11
ments that the managed care contractor—
12
(A) conduct comprehensive outreach cam-
13
paigns, to include electronic and non-electronic
14
means, and mass email campaigns to network
15
specialty care providers providing—
16
(i) information relating to penalties
17
associated with inaccurate provider direc-
18
tory information;
19
(ii) resources for improving directory
20
information; and
21
(iii) direct links for providers to up-
22
date their directory information;
23
(B) make it a condition of joining the net-
24
work managed by such contractor under the
25
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TRICARE program for specialty care providers
1
to validate their provider directory information
2
not less frequently than quarterly;
3
(C) ensure that when specialty care pro-
4
viders file for reimbursement, such providers
5
are prompted to review and verify their direc-
6
tory accuracy;
7
(D) create a mechanism by which bene-
8
ficiaries under the TRICARE program can re-
9
port provider directory inaccuracy to the con-
10
tractor;
11
(E) conduct random tests (not less fre-
12
quently than monthly) encompassing all spe-
13
cialty care provider types, of the accuracy of in-
14
formation maintained by the contractor relating
15
to specialty care providers; and
16
(F) not less frequently than monthly, sub-
17
mit to the Director the results of such random
18
tests, disaggregated by each specialty care pro-
19
vider type, conducted during the month covered
20
by the report; and
21
(2) develop financial penalties or other contrac-
22
tual remedies for inaccurate provider directory infor-
23
mation under such contracts in accordance with the
24
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penalties or remedies imposed as of the date of the
1
enactment of this Act under the T–5 Contract.
2
(b) OTHER METHODS.—The Director shall carry out
3
any other methods that the Director finds useful for the
4
improvement of provider directory accuracy under the
5
TRICARE program.
6
(c) TESTING
OF DIRECTORY INFORMATION.—Not
7
less frequently than twice each year during the three-year
8
period following the date of the enactment of this Act, the
9
Inspector General of the Defense Health Agency shall—
10
(1) conduct random tests, encompassing and
11
disaggregating by all specialty care provider types,
12
of the accuracy of information relating to specialty
13
care providers contained in the provider directory
14
under the TRICARE program; and
15
(2) submit to the Committees on Armed Serv-
16
ices of the Senate and the House of Representatives
17
a report containing the findings of each random test.
18
(d) BRIEFINGS.—
19
(1) IN
GENERAL.—Not later than one year
20
after the date of the enactment of this Act, and an-
21
nually thereafter for the following four years, the Di-
22
rector shall provide to the Committees on Armed
23
Services of the Senate and the House of Representa-
24
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tives a briefing on progress in carrying out this sec-
1
tion.
2
(2) ELEMENTS.—Each briefing under para-
3
graph (1) shall include, at a minimum, the following:
4
(A) A description of the techniques that
5
are most effective in improving accuracy of pro-
6
vider directories.
7
(B) An identification of the authorities or
8
tools that the Defense Health Agency lacks for
9
improving such accuracy.
10
(C) An identification of challenges specific
11
to each specialty care provider type that limit
12
such accuracy.
13
(D) An assessment of the impact of efforts
14
of the Defense Health Agency towards improv-
15
ing such accuracy on providers either leaving
16
the TRICARE program or on the willingness of
17
non-network providers to join the TRICARE
18
program.
19
(e) COMPTROLLER GENERAL REVIEW.—Not later
20
than one year after the date of the enactment of this Act,
21
and annually thereafter for the following two years, the
22
Comptroller General of the United States shall—
23
(1) conduct a holistic review of provider direc-
24
tory accuracy under the TRICARE program,
25
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disaggregated by each specialty care provider type,
1
to measure the progress of the Director towards
2
meeting the existing requirements set forth by each
3
managed care contractor under the TRICARE pro-
4
gram, including by providing recommendations that
5
would inform the development of the next managed
6
care support contract competition; and
7
(2) submit to the Committees on Armed Serv-
8
ices of the Senate and the House of Representatives
9
a report on the review conducted under paragraph
10
(1).
11
(f) DEFINITIONS.—In this section:
12
(1) RANDOM TEST.—
13
(A) IN
GENERAL.—The term ‘‘random
14
test’’, with respect to specialty care providers,
15
means conducting covert calls to offices of a
16
random sample of such providers using phone
17
numbers from the directory available under the
18
TRICARE program with respect to such pro-
19
viders to confirm the accuracy of information
20
contained in such directory.
21
(B) SPECIAL RULE.—A random test may
22
not be conducted with respect to the same sam-
23
ple of providers in consecutive tests.
24
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(2)
TRICARE
PROGRAM.—The
term
1
‘‘TRICARE program’’ has the meaning given that
2
term in section 1072 of title 10, United States Code.
3
SEC. 706. MODIFICATION OF REQUIREMENT TO PROVIDE
4
START-UP TIME FOR CERTAIN TRICARE CON-
5
TRACTORS.
6
Section 1095c(b) of title 10, United States Code, is
7
amended—
8
(1) in paragraph (1), by striking ‘‘nine months
9
after the date of the award of the contract, but in
10
no case later than one year after the date of such
11
award’’ and inserting ‘‘one year after the date on
12
which the transition period of performance begins
13
under the contract to allow for adequate start-up
14
time for an orderly transition’’; and
15
(2) in paragraph (3), by striking ‘‘nine-month’’
16
and inserting ‘‘one-year’’ each place it appears.
17
SEC. 707. CORRECTIONS TO PILOT PROGRAM FOR SUPPLE-
18
MENTAL COVERAGE RELATING TO CANCER.
19
Section 734 of the National Defense Authorization
20
Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C.
21
1071 note) is amended—
22
(1) in subsection (a), by striking ‘‘September
23
30, 2027’’ and inserting ‘‘January 31, 2028’’;
24
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(2) in subsection (c), in the matter preceding
1
paragraph (1), by striking ‘‘a publicly accessible
2
internet website’’ and inserting ‘‘the public-facing
3
website of the TRICARE program’’;
4
(3) in subsection (d)(2), by striking ‘‘establish
5
procedures to determine’’ and inserting ‘‘provide a
6
method for verification of’’;
7
(4) in subsection (e), by striking ‘‘2026’’ and
8
inserting ‘‘2027’’; and
9
(5) in subsection (g)(2), by inserting ‘‘a health
10
plan option under’’ after ‘‘enrolled in’’.
11
SEC. 708. COVERAGE OF CRANIAL ORTHOTIC DEVICES FOR
12
DEFORMATIONAL
PLAGIOCEPHALY
UNDER
13
TRICARE PROGRAM.
14
Section 1079(a) of title 10, United States Code, is
15
amended by adding at the end the following:
16
‘‘(21) Cranial orthotic devices (molding hel-
17
mets) for deformational plagiocephaly may be pro-
18
vided as part of a reconstructive medical treat-
19
ment.’’.
20
SEC. 709. TECHNICAL AMENDMENTS TO THE PUBLIC
21
HEALTH SERVICE ACT.
22
(a) IN GENERAL.—The Public Health Service Act
23
(42 U.S.C. 201 et seq.) is amended—
24
(1) in section 2 (42 U.S.C. 201)—
25
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(A) in paragraph (p), by striking ‘‘means
1
the Army, Navy, Air Force, Marine Corps,
2
Coast Guard, Public Health Service, or Coast
3
and Geodetic Survey; and’’ and inserting ‘‘has
4
the meaning given such term in section 101(a)
5
of title 10, United States Code;’’;
6
(B) in paragraph (q), by striking the pe-
7
riod and inserting ‘‘; and’’; and
8
(C) by adding at the end the following:
9
‘‘(r) The term ‘Defense Agency’ has the meaning
10
given such term in section 101(a) of title 10, United
11
States Code.’’; and
12
(2) in section 543(e) (42 U.S.C. 290dd–2(e))—
13
(A) in paragraph (1), by inserting ‘‘or the
14
Defense Agency responsible for military health
15
care under chapter 55 of title 10, United States
16
Code,’’ after ‘‘Uniformed Services’’; and
17
(B) in paragraph (2), by inserting ‘‘or the
18
Defense Agency responsible for military health
19
care under chapter 55 of title 10, United States
20
Code’’ after ‘‘Uniformed Services’’.
21
(b) EFFECTIVE DATE.—The amendments made by
22
subsection (a) shall take effect as if included in the enact-
23
ment of the National Defense Authorization Act for Fiscal
24
Year 2017 (Public Law 114–328).
25
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SEC. 710. LICENSURE OF MENTAL HEALTH PROFESSIONALS
1
IN TRICARE PROGRAM.
2
(a) QUALIFICATIONS
FOR TRICARE CERTIFIED
3
MENTAL HEALTH COUNSELORS.—For purposes of deter-
4
mining whether a mental health care professional is eligi-
5
ble for reimbursement under the TRICARE program as
6
a certified mental health counselor, an individual who
7
holds a masters or higher-level degree in counseling from
8
a program that is accredited by a covered institution shall
9
be treated as holding such degree from a mental health
10
counseling program or clinical mental health counseling
11
program that is accredited by the Council for Accredita-
12
tion of Counseling and Related Educational Programs.
13
(b) IMPLEMENTATION.—The Secretary of Defense
14
shall implement this section beginning not later than one
15
year after the date of the enactment of this Act.
16
(c) BRIEFING.—Not later than 30 days after the date
17
of the enactment of this Act, the Secretary of Defense
18
shall provide to the congressional defense committees a
19
briefing on the plan of the Secretary to implement this
20
section.
21
(d) DEFINITIONS.—In this section:
22
(1) COVERED
INSTITUTION.—The term ‘‘cov-
23
ered institution’’ means any of the following:
24
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(A) The Accrediting Commission for Com-
1
munity and Junior Colleges Western Associa-
2
tion of Schools and Colleges.
3
(B) The Higher Learning Commission.
4
(C) The Middle States Commission on
5
Higher Education.
6
(D) The New England Association of
7
Schools and Colleges Commission on Institu-
8
tions of Higher Education.
9
(E) The Southern Association of Colleges
10
and Schools Commission on Colleges.
11
(F) The Western Association of Schools
12
and Colleges Senior College and University
13
Commission.
14
(G) The Accrediting Bureau of Health
15
Education Schools.
16
(H) The Accrediting Commission of Career
17
Schools and Colleges.
18
(I) The Accrediting Council for Inde-
19
pendent Colleges and Schools.
20
(J) The Distance Education Accreditation
21
Commission.
22
(K) The Council for Accreditation of Edu-
23
cator Preparation.
24
(L) The American Psychology Association.
25
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(2)
TRICARE
PROGRAM.—The
term
1
‘‘TRICARE program’’ has the meaning given that
2
term in section 1072 of title 10, United States Code.
3
SEC.
711.
REQUIREMENTS
RELATING
TO
WELLNESS
4
CHECKS FOR HEALTH AND WELFARE OF CER-
5
TAIN MEMBERS OF THE ARMED FORCES.
6
(a) WELLNESS CHECKS.—
7
(1) WELLNESS CHECKS REQUIRED.—
8
(A) IN GENERAL.—The Secretary of De-
9
fense shall issue such regulations, policies, and
10
procedures as may be necessary to require that,
11
whenever appropriate following a member of the
12
Armed Forces sustaining any significant injury
13
or illness or being on sick call, a wellness check
14
is conducted to account for the health and wel-
15
fare of such member.
16
(B) SIGNIFICANT INJURY OR ILLNESS OR
17
SICK
CALL.—For purposes of subparagraph
18
(A), a member of the Armed Forces shall be
19
considered to have sustained a significant injury
20
or illness or to be on sick call if a medical pro-
21
fessional recommends an absence of the mem-
22
ber from regular duties for 24 hours or longer,
23
such as placing the member on quarters or rec-
24
ommending convalescent leave.
25
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(2) METHODS OF CONTACT.—In conducting a
1
wellness check for a member of the Armed Forces
2
pursuant to paragraph (1), if the member does not
3
respond to such check conducted via an electronic or
4
telephone communication method, the individual con-
5
ducting the check shall progress to an in-person
6
method of contact.
7
(3) RESULT OF FAILURE TO LOCATE.—If, as a
8
result of a wellness check conducted pursuant to
9
paragraph (1) for a member of the Armed Forces,
10
the individual conducting such check is unable to lo-
11
cate such member, the individual shall refer to the
12
applicable regulations, policies, and procedures of
13
the Department of Defense regarding the determina-
14
tion and reporting of such member as missing, ab-
15
sent unknown, absent without leave, or duty status-
16
whereabouts unknown.
17
(b) IMPLEMENTATION BY UNIT COMMANDERS.—In
18
carrying out subsection (a), the Secretary of Defense shall
19
ensure that each unit commander coordinates with the
20
judge advocates assigned or attached to, or performing
21
duty with, the unit under the command of such com-
22
mander for assistance in the implementation of any regu-
23
lation, policy, or procedure required under subsection (a)
24
with respect to such unit.
25
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(c) ADDITIONAL ACTIONS BY UNIT COMMANDERS.—
1
(1) IN
GENERAL.—On a routine basis, each
2
unit commander shall—
3
(A) review the requirements contained in
4
the document titled ‘‘Commander’s Critical In-
5
formation Requirements’’, dated January 2020,
6
or any successor document, to ensure such re-
7
quirements—
8
(i) have been issued or updated dur-
9
ing the three-year period preceding any
10
such review;
11
(ii) reflect the medical issues or safety
12
incidents of members of the Armed Forces
13
that the commander deems sufficiently sig-
14
nificant; and
15
(iii) have been distributed to the unit
16
under the command of such commander;
17
and
18
(B) host confidential wellness meetings
19
with subordinate commanders at which such
20
commanders may discuss with one or more
21
medical officers assigned to such unit any sig-
22
nificant injuries or illnesses affecting members
23
of the Armed Forces serving in or with such
24
unit.
25
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(2)
WELLNESS
MEETINGS.—Confidential
1
wellness meetings under paragraph (1)(B) may be
2
integrated with existing command, staff, or health-
3
of-the-force synchronization meetings if the con-
4
fidentiality of the medical and personal information
5
a member of the Armed Forces is appropriately
6
maintained.
7
(d) TRAINING.—
8
(1) IN GENERAL.—Each Secretary concerned,
9
and the Secretary of Defense with respect to civilian
10
personnel of the Department of Defense, shall en-
11
sure that training on the importance of account-
12
ability with respect to health and welfare, and the
13
significant negative outcomes that may occur when
14
accountability procedures fail, is integrated into ex-
15
isting command, leadership, and prevention training
16
programs to the maximum extent practicable
17
(2) NO
NEED
FOR
SEPARATE
TRAINING
RE-
18
QUIREMENT.—A separate standalone training re-
19
quirement is not required for purposes of carrying
20
out paragraph (1).
21
(e) SECRETARY CONCERNED DEFINED.—In this sec-
22
tion, the term ‘‘Secretary concerned’’ has the meaning
23
given that term in section 101(a) of title 10, United States
24
Code.
25
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SEC. 712. REQUIREMENT TO OFFER MEDICAL CHAPERONES
1
DURING SENSITIVE MEDICAL EXAMINATIONS.
2
The Secretary of Defense shall establish and imple-
3
ment a policy throughout the Department of Defense to
4
require that a medical chaperone be offered and available
5
to be present with a patient during any sensitive medical
6
examination, as determined by the Secretary, conducted
7
at a military medical treatment facility.
8
SEC. 713. PILOT PROGRAM ON RECIPROCAL ACCESS TO
9
HEALTH CARE FACILITIES, PERSONNEL, AND
10
SERVICES OF DEPARTMENT OF DEFENSE
11
AND DEPARTMENT OF VETERANS AFFAIRS.
12
(a) IN GENERAL.—The Secretary of Defense and the
13
Secretary of Veterans Affairs shall jointly carry out a pilot
14
program to assess the feasibility and advisability of ex-
15
panding reciprocal access to health care facilities, per-
16
sonnel, and services between the Department of Defense
17
and the Department of Veterans Affairs (in this section
18
referred to as the ‘‘pilot program’’).
19
(b) PURPOSES.—The purposes of the pilot program
20
are—
21
(1) to improve access to timely, high-quality
22
health care for covered beneficiaries;
23
(2)
to
improve
continuity
of
care
for
24
transitioning members of the Armed Forces and vet-
25
erans;
26
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(3) to reduce duplication of health care capacity
1
and infrastructure;
2
(4) to enhance medical readiness and provider
3
proficiency;
4
(5) to maximize the efficient use of medical fa-
5
cilities and personnel of the Federal Government;
6
and
7
(6) to assess opportunities for future integra-
8
tion and coordination between the health care sys-
9
tems of the Department of Defense and the Depart-
10
ment of Veterans Affairs.
11
(c) AUTHORIZED ACTIVITIES.—
12
(1) IN
GENERAL.—Under the pilot program,
13
the Secretary of Defense and the Secretary of Vet-
14
erans Affairs may authorize—
15
(A) coordinated referral and specialty care
16
arrangements;
17
(B) integrated scheduling, credentialing,
18
reimbursement, and care coordination proc-
19
esses; and
20
(C) the sharing and interoperability of
21
electronic health records and related health in-
22
formation systems consistent with applicable
23
privacy and security requirements.
24
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(2) PRIORITY.—Activities under the pilot pro-
1
gram shall prioritize arrangements that cannot be
2
readily achieved under sharing agreements in effect
3
as of the date of the enactment of this Act due to
4
administrative, eligibility, or systemic barriers.
5
(d) PILOT SITES.—
6
(1) INITIAL SITES.—Not later than 180 days
7
after the date of the enactment of this Act, the Sec-
8
retary of Defense and the Secretary of Veterans Af-
9
fairs shall jointly designate not fewer than five and
10
not more than 10 pilot sites.
11
(2) SELECTION
CRITERIA.—In selecting pilot
12
sites under paragraph (1), the Secretary of Defense
13
and the Secretary of Veterans Affairs shall con-
14
sider—
15
(A) geographic areas with overlapping
16
medical infrastructure of the Department of
17
Defense and the Department of Veterans Af-
18
fairs;
19
(B) locations experiencing provider short-
20
ages or access challenges;
21
(C) locations with significant populations
22
of transitioning members of the Armed Forces,
23
former members of the Armed Forces, or vet-
24
erans;
25
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(D) locations where at least one of the
1
local Federal facilities has the staff and oper-
2
ation capacity to take on the work of the pilot
3
program;
4
(E) opportunities to improve medical readi-
5
ness of the Armed Forces; and
6
(F) existing sharing agreements or inte-
7
grated care models.
8
(3) MODIFICATION OF PILOT SITES.—The Sec-
9
retary of Defense and the Secretary of Veterans Af-
10
fairs may jointly add, remove, suspend, or modify
11
pilot sites and services covered under the pilot pro-
12
gram as the Secretary of Defense and the Secretary
13
of Veterans Affairs jointly determine necessary
14
based on performance, patient safety, operational re-
15
quirements, beneficiary access, or other appropriate
16
considerations if the Secretary of Defense and the
17
Secretary of Veterans Affairs provide to the appro-
18
priate committees of Congress, not later than 30
19
days before adding, removing, suspending, or modi-
20
fying any such site or service, a notification of such
21
action.
22
(e) ELIGIBILITY.—
23
(1) IN
GENERAL.—The Secretary of Defense
24
and the Secretary of Veterans Affairs shall jointly
25
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establish eligibility criteria and priority categories
1
for participation in the pilot program.
2
(2) PRIORITY.—In establishing criteria under
3
paragraph (1), the Secretary of Defense and the
4
Secretary of Veterans Affairs shall prioritize—
5
(A) transitioning members of the Armed
6
Forces;
7
(B) members of the Armed Forces and vet-
8
erans residing in medically underserved areas;
9
(C) beneficiaries requiring specialty care
10
with extended wait times;
11
(D) members of the Armed Forces and
12
veterans receiving behavioral health care; and
13
(E) military families if reciprocal access
14
would improve continuity or access to care for
15
such families.
16
(f) WAIVER OF ADMINISTRATIVE REQUIREMENTS.—
17
The Secretary of Defense and the Secretary of Veterans
18
Affairs may waive or modify administrative requirements
19
that would otherwise unnecessarily impede the operation
20
of the pilot program, except requirements relating to pa-
21
tient safety, quality standards, or statutory eligibility for
22
care.
23
(g)
DATA
COLLECTION
AND
PERFORMANCE
24
METRICS.—
25
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(1) IN
GENERAL.—The Secretary of Defense
1
and the Secretary of Veterans Affairs shall jointly
2
establish metrics to evaluate the pilot program, in-
3
cluding metrics relating to—
4
(A) patient access and wait times;
5
(B) quality of care and patient outcomes;
6
(C) patient satisfaction and care coordina-
7
tion;
8
(D) provider productivity and readiness
9
impacts;
10
(E) cost and resource utilization;
11
(F) continuity of care for transitioning
12
members of the Armed Forces;
13
(G) continuity of care for veterans receiv-
14
ing care under the pilot program at facilities
15
other than facilities of the Department of Vet-
16
erans Affairs;
17
(H) electronic health record interoper-
18
ability and information sharing; and
19
(I) comparison of use of the pilot program
20
to use of sharing agreements for similar serv-
21
ices under other authorities.
22
(2) STANDARDIZATION.—The Secretary of De-
23
fense and the Secretary of Veterans Affairs shall en-
24
sure that data collection under this subsection is
25
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standardized across pilot sites to the maximum ex-
1
tent practicable.
2
(h) APPLICATION OF AUTHORITY.—The pilot pro-
3
gram shall—
4
(1) build upon and not duplicate authorities
5
under section 8111 of title 38, United States Code;
6
and
7
(2) apply only to the extent necessary to test
8
enhanced reciprocal access to health care facilities,
9
personnel, and services beyond sharing agreements
10
in effect as of the date of the enactment of this Act.
11
(i) BRIEFINGS AND REPORTS.—
12
(1) INITIAL
BRIEFING.—Not later than 120
13
days after the date of the enactment of this Act, the
14
Secretary of Defense and the Secretary of Veterans
15
Affairs shall jointly provide to the appropriate com-
16
mittees of Congress a briefing regarding implemen-
17
tation plans for the pilot program.
18
(2) ANNUAL BRIEFINGS.—Not later than April
19
1 of each year during the duration of the pilot pro-
20
gram, the Secretary of Defense and the Secretary of
21
Veterans Affairs shall jointly provide to the appro-
22
priate committees of Congress a briefing regard-
23
ing—
24
(A) pilot site performance;
25
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(B) beneficiary participation;
1
(C) budgetary impacts;
2
(D) patient safety and quality metrics;
3
(E) any modifications to pilot sites or cov-
4
ered services; and
5
(F) legislative recommendations, if any.
6
(3) INTERIM
REPORT.—Not later than two
7
years after commencement of operations under the
8
pilot program at the first pilot site, the Secretary of
9
Defense and the Secretary of Veterans Affairs shall
10
jointly submit to the appropriate committees of Con-
11
gress an interim report on the results of the pilot
12
program.
13
(4) FINAL REPORT.—Not later than one year
14
before the termination of the pilot program under
15
subsection (k), the Secretary of Defense and the
16
Secretary of Veterans Affairs shall jointly submit to
17
the appropriate committees of Congress a final re-
18
port containing—
19
(A) an assessment of the effectiveness of
20
the pilot program;
21
(B) recommendations regarding expansion,
22
modification, or termination of the pilot pro-
23
gram;
24
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(C) an assessment of impacts on medical
1
readiness of the Armed Forces and health care
2
delivery for veterans; and
3
(D) any recommendations for legislative or
4
administrative action.
5
(j) VOLUNTARY PARTICIPATION AND PRESERVATION
6
OF EXISTING AUTHORITIES.—
7
(1) VOLUNTARY PARTICIPATION.—Participation
8
in the pilot program by veterans shall be voluntary.
9
(2) PATIENT ELECTION.—A veteran eligible to
10
participate in the pilot program may elect to receive
11
care through—
12
(A) a facility of the Department of Vet-
13
erans Affairs;
14
(B) a military medical treatment facility
15
participating in the pilot program; or
16
(C) a community provider pursuant to ap-
17
plicable community care authorities of the De-
18
partment of Veterans Affairs .
19
(3) NO REQUIREMENT TO USE DEPARTMENT OF
20
DEFENSE FACILITIES.—The Secretary of Veterans
21
Affairs may not require a veteran to receive care
22
through a facility of the Department of Defense as
23
a condition of eligibility for, or receipt of, care or
24
services under laws administered by the Secretary.
25
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(4) PATIENT NOTICE.—The Secretary of Vet-
1
erans Affairs shall ensure that veterans eligible to
2
participate in the pilot program receive clear notice
3
regarding available health care options, including the
4
availability of community care if otherwise author-
5
ized by law.
6
(5) NO LIMITATION ON COMMUNITY CARE ELI-
7
GIBILITY.—Nothing in this section may be construed
8
to limit, alter, delay, or otherwise affect the eligi-
9
bility of a veteran for care, services, or referrals fur-
10
nished under the Veterans Community Care Pro-
11
gram under section 1703 of title 38, United States
12
Code, or any other authority available under laws
13
administered by the Secretary of Veterans Affairs to
14
receive care from non-Department of Veterans Af-
15
fairs providers.
16
(k) DURATION.—The pilot program shall commence
17
not later than one year after the date of the enactment
18
of this Act and shall terminate five years after the com-
19
mencement of operations of the pilot program at the first
20
pilot site.
21
(l) DEFINITIONS.—In this section:
22
(1)
APPROPRIATE
COMMITTEES
OF
CON-
23
GRESS.—The term ‘‘appropriate committees of Con-
24
gress’’ means—
25
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(A) the Committee on Armed Services and
1
the Committee on Veterans’ Affairs of the Sen-
2
ate; and
3
(B) the Committee on Armed Services and
4
the Committee on Veterans’ Affairs of the
5
House of Representatives.
6
(2) COVERED BENEFICIARY.—The term ‘‘cov-
7
ered beneficiary’’ has the meaning given that term
8
in section 1072 of title 10, United States Code.
9
(3) MILITARY
MEDICAL
TREATMENT
FACIL-
10
ITY.—The term ‘‘military medical treatment facility’’
11
means a facility of the Defense Health Agency, a
12
military department, or another component of the
13
Department of Defense providing health care serv-
14
ices.
15
(4) PILOT SITE.—The term ‘‘pilot site’’ means
16
any medical center, hospital, clinic, or other health
17
care facility of the Department of Defense or the
18
Department of Veterans Affairs that is participating
19
in the pilot program.
20
(5) RECIPROCAL
ACCESS.—The term ‘‘recip-
21
rocal access’’ means systematic, non-excess-capacity
22
access with integrated operations, as opposed to ac-
23
cess that is limited to excess capacity only.
24
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SEC. 714. MEDICAL SCREENING FOR MEMBERS OF THE
1
ARMED
FORCES
WHO
SERVED
AT
DATA
2
MASKED OR CLASSIFIED LOCATIONS.
3
(a) MODIFICATION
TO
SERVICE
RECORDS.—Not
4
later than January 1, 2029, the Secretary of Defense shall
5
modify the service records of covered members to include
6
a check box or other method to signify that the covered
7
member served at a covered location and would merit addi-
8
tional medical screening.
9
(b) HAZARD SCREENING.—
10
(1) IN GENERAL.—During a covered examina-
11
tion, a covered member shall receive—
12
(A) a screening to determine if such mem-
13
ber served at a covered location at any time
14
during service in the Armed Forces; and
15
(B) if such member served at such a loca-
16
tion,
additional
exposure-specific
medical
17
screenings and evaluations to identify potential
18
exposure to hazardous substances, radiation, or
19
other harmful occupational and environmental
20
hazards encountered during service in the
21
Armed Forces, consistent with current clinical
22
practice guidelines and recommendations of the
23
Department of Defense and the Department of
24
Veterans Affairs.
25
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(2) INCLUSIONS.—The screenings and evalua-
1
tions required under paragraph (1) may include—
2
(A) a targeted assessment of medical his-
3
tories;
4
(B) a physical examination;
5
(C) laboratory testing;
6
(D) imaging studies; and
7
(E) other diagnostic procedures that the
8
Secretary determines are medically necessary.
9
(c) DOCUMENTATION.—A health care provider shall
10
document all exposures identified by the provider and the
11
results of any screenings and evaluations conducted under
12
subsection (b) in the permanent medical record of the rel-
13
evant covered member and ensure that relevant exposure
14
information is transmitted to the Department of Veterans
15
Affairs upon separation or retirement of such member.
16
(d) DEFINITIONS.—In this section:
17
(1) COVERED EXAMINATION.—The term ‘‘cov-
18
ered examination’’ means—
19
(A) a screening conducted by a health care
20
provider of the Department of Defense for any
21
covered member prior to a permanent change of
22
station from a covered location; or
23
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(B) any annual preventive health assess-
1
ment of a covered member conducted by a
2
health care provider of the Department.
3
(2) COVERED LOCATION.—The term ‘‘covered
4
location’’ means—
5
(A) a data masked or classified location; or
6
(B) a facility on the most recent list of fa-
7
cilities covered under the Energy Employees
8
Occupational Illness Compensation Program
9
Act of 2000 (42 U.S.C. 7384 et seq.) published
10
in the Federal Register by the Secretary of En-
11
ergy.
12
(3) COVERED
MEMBER.—The term ‘‘covered
13
member’’ means a member of the Armed Forces cur-
14
rently serving on active duty.
15
SEC. 715. MEDICAL TESTING AND RELATED SERVICES FOR
16
FIREFIGHTERS
OF
DEPARTMENT
OF
DE-
17
FENSE.
18
(a) PROVISION OF SERVICES.—During the annual
19
periodic health assessment of each firefighter of the De-
20
partment of Defense, or at such other intervals as may
21
be indicated in subsection (b), the Secretary of Defense
22
shall provide to the firefighter (at no cost to the fire-
23
fighter) appropriate medical testing and related services
24
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to detect, document the presence or absence of, and pre-
1
vent, certain cancers.
2
(b) CRITERIA.—Services required to be provided
3
under subsection (a) shall meet, at a minimum, the fol-
4
lowing criteria:
5
(1) BREAST CANCER.—With respect to breast
6
cancer screening, if the firefighter is a female fire-
7
fighter—
8
(A) such services shall include the provi-
9
sion of a mammogram to the firefighter—
10
(i) if the firefighter is 40 years old to
11
49 years old (inclusive), not less frequently
12
than twice each year;
13
(ii) if the firefighter is 50 years old or
14
older, not less frequently than annually;
15
and
16
(iii) as clinically indicated (without re-
17
gard to age); and
18
(B) in connection with the provision of a
19
mammogram under subparagraph (A), a li-
20
censed radiologist shall review the most recent
21
mammogram provided to the firefighter, as
22
compared to prior mammograms so provided,
23
and provide to the firefighter the results of such
24
review.
25
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(2) COLON
CANCER.—With respect to colon
1
cancer screening—
2
(A) if the firefighter is 40 years old or
3
older, or as clinically indicated without regard
4
to age, such services shall include the commu-
5
nication to the firefighter of the risks and bene-
6
fits of stool-based blood testing;
7
(B) if the firefighter is 45 years old or
8
older, or as clinically indicated without regard
9
to age, such services shall include the provision,
10
at regular intervals, of visual examinations
11
(such as a colonoscopy, CT colonoscopy, or
12
flexible sigmoidoscopy) or stool-based blood
13
testing; and
14
(C) in connection with the provision of a
15
visual examination or stool-based blood testing
16
under subparagraph (B), a licensed physician
17
shall review and provide to the firefighter the
18
results of such examination or testing, as the
19
case may be.
20
(3) PROSTATE CANCER.—With respect to pros-
21
tate cancer screening, if the firefighter is a male
22
firefighter, such services shall include the commu-
23
nication to the firefighter of the risks and benefits
24
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of prostate cancer screenings and the provision to
1
the firefighter of a prostate-specific antigen test—
2
(A) not less frequently than annually if the
3
firefighter—
4
(i) is 50 years old or older; or
5
(ii) is 40 years old or older and is a
6
high-risk individual; and
7
(B) as clinically indicated (without regard
8
to age).
9
(4) OTHER CANCERS.—Such services shall in-
10
clude routine screenings for any other cancer the
11
risk or occurrence of which the Director of the Cen-
12
ters for Disease Control and Prevention has identi-
13
fied as higher among firefighters than among the
14
general public, the provision of which shall be car-
15
ried out during the annual periodic health assess-
16
ment of the firefighter.
17
(c) OPTIONAL NATURE.—A firefighter of the Depart-
18
ment of Defense may opt out of the receipt of medical
19
testing or a related service provided under subsection (a).
20
(d) USE OF CONSENSUS TECHNICAL STANDARDS.—
21
In providing medical testing and related services under
22
subsection (a), the Secretary shall use consensus technical
23
standards in accordance with section 12(d) of the National
24
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Technology Transfer and Advancement Act of 1995 (Pub-
1
lic Law 104–113; 15 U.S.C. 272 note).
2
(e) DOCUMENTATION.—
3
(1) IN GENERAL.—In providing medical testing
4
and related services under subsection (a), the Sec-
5
retary—
6
(A) shall document the acceptance rates of
7
such tests offered and the rates of such tests
8
performed;
9
(B) shall document test results to identify
10
trends in the rates of cancer occurrences among
11
firefighters; and
12
(C) may collect and maintain additional in-
13
formation from the recipients of such tests and
14
other services to allow for appropriate scientific
15
analysis.
16
(2) PRIVACY.—In analyzing any information of
17
an individual documented, collected, or maintained
18
under paragraph (1), in addition to complying with
19
other applicable privacy laws, the Secretary shall en-
20
sure the name and any other personally identifiable
21
information of the individual is removed from such
22
information prior to the analysis.
23
(3) SHARING
WITH
CENTERS
FOR
DISEASE
24
CONTROL
AND
PREVENTION.—The Secretary may
25
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share data from any tests performed under sub-
1
section (a) with the Director of the Centers for Dis-
2
ease Control and Prevention, as appropriate, to in-
3
crease the knowledge and understanding of cancer
4
occurrences among firefighters.
5
(f) DEFINITIONS.—In this section:
6
(1) FIREFIGHTER.—The term ‘‘firefighter’’
7
means someone whose primary job or military occu-
8
pational specialty is being a firefighter.
9
(2) HIGH-RISK INDIVIDUAL.—The term ‘‘high-
10
risk individual’’ means an individual who—
11
(A) is African American;
12
(B) has at least one first-degree relative
13
who has been diagnosed with prostate cancer at
14
an early age; or
15
(C) is otherwise determined by the Sec-
16
retary to be high risk with respect to prostate
17
cancer.
18
Subtitle B—Health Care
19
Administration
20
SEC. 721. DEVELOPMENT OF CAPABILITY PROTOTYPE ON
21
SECURE ACCESS TO HEALTH RECORD FOR
22
MEMBERS OF THE ARMED FORCES.
23
(a) CAPABILITY PROTOTYPE.—Not later than 180
24
days after the date of the enactment of this Act, the Sec-
25
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retary of Defense shall develop and implement a capability
1
prototype that is interoperable with the electronic health
2
record of the Department of Defense for active duty mem-
3
bers of the Armed Forces who receive health care from
4
the Defense Health Agency to digitally collect their med-
5
ical records through a covered health record platform be-
6
fore separating from active duty.
7
(b) CONTRACTS.—
8
(1) AUTHORITY.—The Secretary shall seek to
9
enter into a contract using competitive procedures
10
with an appropriate entity for the provision of the
11
covered health record platform under the capability
12
prototype under subsection (a).
13
(2) NOTICE OF COMPETITION.—
14
(A) IN GENERAL.—Not later than 60 days
15
after the date of the enactment of this Act, the
16
Secretary shall issue a request for proposals for
17
the contract described in paragraph (1).
18
(B)
OPEN
COMPETITION.—A
request
19
under subparagraph (A) shall be full and open
20
to any contractor that has an existing covered
21
health record platform.
22
(3) SELECTION.—Not later than 120 days after
23
the date of the enactment of this Act, the Secretary
24
shall award a contract to an appropriate entity pur-
25
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suant to the request for proposals under paragraph
1
(2) if at least one acceptable offer is submitted.
2
(c) PILOT PROGRAM ON USE OF CAPABILITY PROTO-
3
TYPE.—
4
(1) IN
GENERAL.—The Secretary shall carry
5
out a pilot program under which the Secretary shall
6
assess the feasibility and advisability of using the ca-
7
pability prototype developed under subsection (a) for
8
a period of not less than 180 days.
9
(2) SELECTION OF ARMED FORCES.—The Sec-
10
retary shall select not less than one Armed Force in
11
which to carry out the pilot program under para-
12
graph (1).
13
(3) TERMINATION OR EXTENSION OF USE OF
14
CAPABILITY PROTOTYPE.—At the end of the period
15
specified in paragraph (1), the Secretary shall sur-
16
vey all participants in the pilot program under such
17
paragraph and, based on survey results, may—
18
(A) terminate the capability prototype de-
19
veloped and implemented under subsection (a);
20
(B) continue the capability prototype;
21
(C) expand the capability prototype; or
22
(D) implement the use of a covered health
23
record platform in the Defense Health Agency
24
throughout the uniformed services.
25
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(d) PROHIBITION ON NEW APPROPRIATIONS.—No
1
additional funds are authorized to be appropriated to
2
carry out the requirements of this section and such re-
3
quirements shall be carried out using amounts otherwise
4
authorized to be appropriated for the Department of De-
5
fense through the Joint Incentive Fund.
6
(e) BRIEFING REQUIRED.—Not later than April 1,
7
2027, the Secretary of Defense shall provide to the Com-
8
mittees on Armed Services of the Senate and the House
9
of Representatives a briefing on the capability prototype
10
developed and implemented under subsection (a).
11
(f) COVERED HEALTH RECORD PLATFORM DE-
12
FINED.—In this section, the term ‘‘covered health record
13
platform’’ means a health record platform that meets the
14
following requirements:
15
(1) Has web-based and native mobile phone ap-
16
plication capabilities.
17
(2) Has the capability to store and share
18
records with the Department of Veterans Affairs or
19
any other designated care provider.
20
(3) Has the capability to store records in the
21
cloud.
22
(4) Does not have a requirement for integration
23
to receive or share records.
24
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(5) Has the capability to instantly share data
1
based on a combination of access key and personal
2
identifier.
3
(6) Has the capability to provide secure data
4
storage and records transfer upon separation of a
5
member of the Armed Forces from active duty.
6
(7) Does not require a business associate agree-
7
ment with any party.
8
(8) Has secure data isolation with access con-
9
trols.
10
(9) Has, at a minimum, data security that
11
would require separate encryption for each docu-
12
ment, relying on AES256 or better algorithm with
13
keys encryption using RSA2048 or better algorithm,
14
or any successor similar algorithm.
15
SEC. 722. INVENTORY AND ANNUAL CATCHMENT AREA AS-
16
SESSMENT OF MILITARY-CIVILIAN HEALTH
17
CARE PARTNERSHIPS.
18
(a) CENTRALIZED INVENTORY OF MILITARY-CIVIL-
19
IAN PARTNERSHIPS.—
20
(1) IN GENERAL.—The Secretary of Defense,
21
acting through the Director of the Defense Health
22
Agency, shall develop and maintain a centralized in-
23
ventory of military–civilian health care partnerships
24
throughout the Department of Defense.
25
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(2) COORDINATION.—In carrying out para-
1
graph (1), the Director of the Defense Health Agen-
2
cy shall coordinate with the Secretary of each mili-
3
tary department to ensure the inventory developed
4
and maintained under such paragraph reflects part-
5
nerships established and maintained by the Defense
6
Health Agency, the Uniformed Services University
7
of the Health Sciences, and the military depart-
8
ments.
9
(3)
MILITARY
DEPARTMENT
RESPONSIBIL-
10
ITIES.—
11
(A) IN
GENERAL.—Each Secretary of a
12
military department shall develop and maintain
13
an inventory of military–civilian health care
14
partnerships under the jurisdiction of such Sec-
15
retary.
16
(B) INCLUSION IN CENTRALIZED INVEN-
17
TORY.—The inventories developed under sub-
18
paragraph (A) shall be provided to the Director
19
of the Defense Health Agency on a recurring
20
basis, as determined by the Secretary of De-
21
fense, for inclusion in the centralized inventory
22
under paragraph (1).
23
(C) USE
OF
INVENTORIES.—The inven-
24
tories maintained by the military departments
25
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under this paragraph shall be used to inform
1
and update the centralized inventory main-
2
tained by the Defense Health Agency under
3
paragraph (1).
4
(4)
ELEMENTS.—The
inventories
required
5
under this subsection shall include, at a minimum,
6
the following:
7
(A) The type and purpose of each mili-
8
tary–civilian health care partnership.
9
(B) Participating organizations, including
10
civilian and other Federal partners.
11
(C) Geographic location and supported
12
beneficiary population.
13
(D) Resources shared, including personnel,
14
facilities, and funding.
15
(E) Duration and terms of the partner-
16
ships.
17
(F) Measures of performance and effective-
18
ness of the partnerships.
19
(b) ANNUAL CATCHMENT AREA ASSESSMENT.—
20
(1) IN GENERAL.—Not less frequently than an-
21
nually, the Secretary of Defense, acting through the
22
Director of the Defense Health Agency, shall con-
23
duct a catchment area assessment of military–civil-
24
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ian health care partnerships and resource-sharing
1
agreements of the Department of Defense.
2
(2) USE OF INVENTORY.—The catchment area
3
assessment conducted under paragraph (1) shall be
4
informed by the centralized inventory developed
5
under subsection (a), including inputs provided by
6
the military departments.
7
(3) SCOPE.—
8
(A) IN GENERAL.—Each catchment area
9
assessment conducted under paragraph (1)
10
shall focus on the catchment area of a military
11
medical treatment facility and other related or-
12
ganizations.
13
(B) ELEMENTS.—Each catchment area as-
14
sessment conducted under paragraph (1) shall
15
include the following:
16
(i) An assessment of the extent to
17
which existing military–civilian health care
18
partnerships fulfill the intended objectives
19
of such partnerships, including access to
20
care, quality, cost-effectiveness, and med-
21
ical readiness.
22
(ii) An identification of gaps in care,
23
redundancies, or underutilized resources.
24
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(iii) An evaluation of whether indi-
1
vidual partnerships should be expanded,
2
reduced, or maintained.
3
(iv) An identification of opportunities
4
to establish new partnerships or modify ex-
5
isting agreements.
6
(v) Consideration of regional health
7
care capacity, including civilian and Fed-
8
eral health care providers.
9
(vi) An analysis of trends that may
10
affect the performance or sustainability of
11
military–civilian health care partnerships.
12
(4) METRICS
AND
BENCHMARKS.—The Sec-
13
retary of Defense shall establish standardized
14
metrics and benchmarks to evaluate the performance
15
and outcomes of military–civilian health care part-
16
nerships assessed under this subsection.
17
(c) BRIEFING.—Not later than April 1, 2027, and
18
annually thereafter for the following five years, the Sec-
19
retary of Defense shall provide to the Committees on
20
Armed Services of the Senate and the House of Represent-
21
atives a briefing containing the results of the most recent
22
catchment area assessment conducted under subsection
23
(b), which shall include the following:
24
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(1) A summary of the centralized inventory de-
1
veloped and maintained under subsection (a).
2
(2) Key findings regarding the effectiveness of
3
military–civilian health care partnerships.
4
(3) An identification of any resources that are
5
required to ensure effective military–civilian health
6
care partnerships.
7
(4) Planned actions to expand, modify, or ter-
8
minate military–civilian health care partnerships.
9
(5) Any recommendations for legislative or ad-
10
ministrative action to improve military–civilian
11
health care collaboration.
12
(d) MILITARY–CIVILIAN HEALTH CARE PARTNER-
13
SHIP DEFINED.—In this section, the term ‘‘military–civil-
14
ian health care partnership’’ includes any agreement, con-
15
tract, or arrangement between the Department of Defense
16
and a non-Department entity for the provision, sharing,
17
or coordination of health care services, personnel, training,
18
or resources.
19
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SEC. 723. REQUIREMENT FOR REVIEW BEFORE ACTIONS TO
1
DOWNSIZE, REALIGN, OR REDUCE SCOPE OF
2
SERVICES AT MILITARY MEDICAL TREAT-
3
MENT FACILITIES.
4
Section 1073d of title 10, United States Code, is
5
amended by adding at the end the following new sub-
6
section:
7
‘‘(g) LIMITATION ON ACTIONS TO DOWNSIZE, RE-
8
ALIGN, OR REDUCE SCOPE OF SERVICES.—(1) The Sec-
9
retary of Defense may not carry out any action initiated
10
after the date of the enactment of the National Defense
11
Authorization Act for Fiscal Year 2027 to downsize, re-
12
align, or otherwise reduce the scope of services at a mili-
13
tary medical treatment facility until the Secretary con-
14
ducts a comprehensive review consistent with this sub-
15
section.
16
‘‘(2) A review required under paragraph (1) with re-
17
spect to an action relating to a military medical treatment
18
facility shall include, at a minimum, the following:
19
‘‘(A) An assessment of the capacity, capability,
20
and readiness of local civilian health care providers
21
to absorb affected beneficiary populations.
22
‘‘(B) An assessment of the capacity, capability,
23
and accessibility of facilities of the Department of
24
Veterans Affairs in the relevant catchment area.
25
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‘‘(C) An evaluation of the impact on access to
1
care for covered beneficiaries, including wait times,
2
travel distances, and specialty care availability.
3
‘‘(D) An analysis of the effects on medical read-
4
iness, including clinical workload necessary to sus-
5
tain provider skills within the armed forces.
6
‘‘(E) An assessment of risks to continuity of
7
care, particularly for complex or chronic conditions.
8
‘‘(F) Such other factors as the Secretary deter-
9
mines appropriate to ensure a complete under-
10
standing of impacts on beneficiaries and mission re-
11
quirements.
12
‘‘(3) The Secretary of Defense shall certify to the
13
Committees on Armed Services of the Senate and the
14
House of Representatives that the review required under
15
this subsection has been completed prior to implementing
16
any action described in paragraph (1) and shall include
17
a summary of findings and a justification for the proposed
18
action.
19
‘‘(4) Not later than one year before conducting any
20
action to downsize, realign, or otherwise reduce the scope
21
of services at a military medical treatment facility, the
22
Secretary of Defense shall have a consultative discussion
23
regarding such action with the Committees on Armed
24
Services of the Senate and the House of Representatives.’’.
25
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SEC. 724. POLICY ON PROVIDER NOTIFICATION TO COM-
1
MANDERS REGARDING IMMINENT RISK OF
2
SUICIDE FOR MEMBERS OF THE ARMED
3
FORCES.
4
(a) POLICY REQUIRED.—Not later than 180 days
5
after the date of the enactment of this Act, the Secretary
6
of Defense shall develop and implement a policy through-
7
out the Department of Defense regarding the notification
8
of commanders when a health care provider determines
9
that a member of the Armed Forces is at imminent risk
10
of suicide.
11
(b) DEFINITION OF IMMINENT RISK.—
12
(1) IN
GENERAL.—As part of the policy re-
13
quired under subsection (a), the Secretary shall es-
14
tablish a clear and standardized definition of ‘‘immi-
15
nent risk of suicide’’ for purposes of the military
16
health system.
17
(2) ELEMENTS OF DEFINITION.—The definition
18
required under paragraph (1) shall—
19
(A) be informed by evidence-based clinical
20
standards and suicide risk assessment practices;
21
(B) account for the presence of suicidal
22
ideation, intent, plan, access to means, and
23
temporal proximity of potential self-harm;
24
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(C) distinguish between acute, immediate
1
risk and non-immediate or chronic suicide risk;
2
and
3
(D) allow for the exercise of professional
4
clinical judgment in individual cases.
5
(c) ELEMENTS.—The policy required under sub-
6
section (a) shall—
7
(1) establish clear and standardized criteria for
8
determining when a member of the Armed Forces is
9
at imminent risk of suicide, consistent with evidence-
10
based clinical practices;
11
(2) require timely notification to the appro-
12
priate commander when such a determination is
13
made, while ensuring that only the minimum nec-
14
essary information is disclosed to protect the privacy
15
of the member;
16
(3) define the roles and responsibilities of
17
health care providers, commanders, and other rel-
18
evant personnel in responding to such notifications;
19
(4) ensure that such notifications are made in
20
a manner that supports the safety and well-being of
21
the member, including coordination of appropriate
22
interventions and support services;
23
(5) incorporate procedures to safeguard the
24
confidentiality of protected health information con-
25
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sistent with section 552a of title 5, United States
1
Code (commonly known as the ‘‘Privacy Act of
2
1974’’), and applicable regulations of the Depart-
3
ment of Defense;
4
(6) provide guidance on documentation and ac-
5
countability for decisions relating to such notifica-
6
tions; and
7
(7) include mechanisms to ensure that such no-
8
tifications do not result in inappropriate adverse per-
9
sonnel actions solely on the basis of a mental health
10
condition.
11
(d) TRAINING
AND IMPLEMENTATION.—The Sec-
12
retary shall ensure that—
13
(1) health care providers within the military
14
health system receive training on the policy devel-
15
oped under subsection (a), including criteria for de-
16
termining imminent risk and procedures for notifica-
17
tion of commanders;
18
(2) commanders receive training on appropriate
19
responses to such notifications, including how to
20
support members of the Armed Forces while main-
21
taining good order and discipline; and
22
(3) health professionals within the military
23
health system in patient care positions receive train-
24
ing on—
25
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(A) how to respond when a member of the
1
Armed Forces initiates the referral process
2
under section 1090b(e) of title 10, United
3
States Code; and
4
(B) how to recognize signs indicating men-
5
tal health distress and imminent risk of suicide.
6
(e) COORDINATION.—In developing the policy re-
7
quired under subsection (a), the Secretary shall consult
8
with—
9
(1) the Director of the Defense Health Agency;
10
(2) the Surgeons General of the Armed Forces;
11
and
12
(3) other relevant stakeholders, as determined
13
appropriate by the Secretary.
14
(f) BRIEFING TO CONGRESS.—Not later than one
15
year after the date of the enactment of this Act, the Sec-
16
retary shall submit to the Committees on Armed Services
17
of the Senate and the House of Representatives a briefing
18
that includes—
19
(1) a description of the policy developed under
20
subsection (a);
21
(2) an assessment of implementation of such
22
policy across the Armed Forces;
23
(3) a description of any identified challenges or
24
barriers to such implementation; and
25
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(4) recommendations for legislative or adminis-
1
trative action to improve suicide prevention efforts
2
of the Department of Defense.
3
SEC. 725. AUTHORITY OVER DEFENSE HEALTH PROGRAM.
4
Section 1073 of title 10, United States Code, is
5
amended by adding at the end the following:
6
‘‘(c) AUTHORITY.—The Assistant Secretary of De-
7
fense for Health Affairs shall have authority over the en-
8
tirety of the Defense Health Program.’’.
9
SEC. 726. ENTERPRISE REVENUE CYCLE IMPROVEMENT
10
INITIATIVE.
11
(a) IN GENERAL.—Not later than 180 days after the
12
date of the enactment of this Act, the Secretary of De-
13
fense, acting through the Assistant Secretary of Defense
14
for Health Affairs and the Director of the Defense Health
15
Agency, shall implement an enterprise-wide revenue cycle
16
improvement initiative (in this section referred to as the
17
‘‘Initiative’’) to standardize revenue cycle management
18
processes, strengthen governance and accountability, im-
19
prove workforce capability, and increase the accuracy,
20
timeliness, and yield of third-party collections and claims
21
management across the military health system.
22
(b) OBJECTIVES.—The objectives of the Initiative are
23
the following:
24
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(1) To establish and implement standardized
1
revenue cycle management processes, defined stage-
2
by-stage accountability, and enterprise performance
3
standards across all military medical treatment fa-
4
cilities.
5
(2) To improve the accuracy, timeliness, and
6
completeness of clinical documentation, medical cod-
7
ing, charge capture, claims submission, and denial
8
management, including through the use of advanced
9
analytics, automation, and robotic process automa-
10
tion technologies as appropriate.
11
(3) To increase third-party collections yield and
12
reduce preventable claim denials across the military
13
health system.
14
(4) To strengthen the accuracy of medical read-
15
iness documentation, including documentation sup-
16
porting deployment eligibility determinations, dis-
17
ability evaluation processing, and military provider
18
clinical currency sustainment.
19
(5) To ensure interoperability with the GEN-
20
ESIS electronic health record platform of the mili-
21
tary health system to support end-to-end revenue
22
cycle operations and performance visibility.
23
(6) To establish enterprise workforce training
24
and certification programs to improve revenue cycle
25
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competency across military medical treatment facili-
1
ties.
2
(7) To provide actionable performance data and
3
operational feedback to markets, networks, and mili-
4
tary medical treatment facilities of the Defense
5
Health Agency to improve accountability and out-
6
comes.
7
(c) ELEMENTS.—In carrying out the Initiative, the
8
Secretary shall—
9
(1) designate a senior official within the De-
10
fense Health Agency to serve as the enterprise rev-
11
enue cycle improvement lead, with responsibility for
12
implementation, performance oversight, and report-
13
ing;
14
(2) establish enterprise-wide revenue cycle per-
15
formance standards and defined accountability for
16
each stage of the revenue cycle, from patient sched-
17
uling through final collections;
18
(3) develop and implement enterprise perform-
19
ance metrics, including leading and lagging indica-
20
tors, with escalation thresholds and corrective action
21
requirements;
22
(4) implement workforce training and pro-
23
ficiency assessment programs for personnel per-
24
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forming revenue cycle functions across military med-
1
ical treatment facilities;
2
(5) leverage existing investments in the GEN-
3
ESIS electronic health record platform of the mili-
4
tary health system, existing analytics capabilities,
5
and enterprise financial systems to support stand-
6
ardized revenue cycle operations; and
7
(6) incorporate advanced analytics, automation,
8
and artificial intelligence capabilities, consistent with
9
policies of the Department of Defense for respon-
10
sible use of artificial intelligence, to support coding
11
accuracy, denial prevention, charge capture, and rev-
12
enue integrity.
13
(d) IMPLEMENTATION.—
14
(1) APPLICATION.—The Initiative shall apply to
15
all military medical treatment facilities within the
16
Defense Health Agency.
17
(2) PRIORITY.—The Secretary shall prioritize
18
initial implementation of the Initiative at facilities
19
with the greatest opportunity for improvement in
20
revenue cycle performance and third-party collec-
21
tions yield.
22
(3) CONTRACTS AND SUPPORT.—The Secretary
23
may enter into contracts or other agreements using
24
available acquisition methods and competitive proce-
25
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dures, as appropriate, to obtain specialized expertise,
1
technology capabilities, or implementation support
2
necessary to carry out the Initiative.
3
(4) RULE OF CONSTRUCTION.—Nothing in this
4
section shall be construed to require the establish-
5
ment of a new acquisition program or program man-
6
agement office for the purpose of revenue cycle man-
7
agement.
8
(e) REPORTING.—
9
(1) INITIAL REPORT.—Not later than 180 days
10
after the date of the enactment of this Act, the Sec-
11
retary shall submit to the Committees on Armed
12
Services of the Senate and the House of Representa-
13
tives a report describing—
14
(A) the baseline performance of military
15
medical treatment facilities across key revenue
16
cycle metrics, including days to final bill, clean
17
claim submission rate, preventable denial rate,
18
coding accuracy rate, and third-party collections
19
yield;
20
(B) the enterprise revenue cycle govern-
21
ance structure established under the Initiative,
22
including stage-by-stage accountability designa-
23
tions;
24
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(C) implementation milestones and target
1
dates for enterprise-wide deployment; and
2
(D) the allocation of funds authorized for
3
the Initiative.
4
(2) QUARTERLY REPORTS.—Not later than 90
5
days after the submission of the initial report under
6
paragraph (1), and quarterly thereafter for a period
7
of not less than two years, the Secretary shall sub-
8
mit to the Committees on Armed Services of the
9
Senate and the House of Representatives a report
10
describing—
11
(A) progress in implementing the Initiative
12
as compared to implementation milestones;
13
(B) performance improvements in the
14
metrics identified under paragraph (1)(A) com-
15
pared to the established baseline;
16
(C) the status of workforce training and
17
certification programs;
18
(D) the impact of revenue cycle accuracy
19
improvements on medical readiness documenta-
20
tion, including any identified effects on deploy-
21
ment eligibility determinations or disability
22
evaluation processing; and
23
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(E) challenges, risks, and recommenda-
1
tions for sustainment or expansion of the Initia-
2
tive.
3
(f) SUNSET.—This section shall terminate on the
4
date that is three years after the date of the enactment
5
of this Act.
6
SEC. 727. NOTIFICATION TO LICENSING AND MEDICAL
7
BOARDS OF STATES IN CASE OF INVESTIGA-
8
TION OR MISCONDUCT.
9
(a) IN GENERAL.—Not later than 30 days after a
10
covered event with respect to misconduct allegedly com-
11
mitted by a licensed medical professional of the Depart-
12
ment of Defense, the Secretary of Defense shall notify the
13
relevant State licensing and medical boards regarding
14
such misconduct.
15
(b) COVERED EVENT DEFINED.—In this section, the
16
term ‘‘covered event’’, with respect to a licensed medical
17
professional of the Department, means the date on
18
which—
19
(1) an investigation that could lead to criminal
20
charges is started into misconduct allegedly com-
21
mitted by such professional; or
22
(2) such professional is charged with mis-
23
conduct.
24
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SEC. 728. ADDITIONAL REVIEW OF DISCLOSURE REQUIRE-
1
MENTS UNDER PROCESSES AND FORMS RE-
2
LATING
TO
HEALTH
CARE
PROVIDER
3
CREDENTIALING AND PRIVILEGING OF DE-
4
PARTMENT OF DEFENSE.
5
(a) IN GENERAL.—Section 720 of the National De-
6
fense Authorization Act for Fiscal Year 2026 (Public Law
7
119–60; 10 U.S.C. 1094 note) is amended—
8
(1) by redesignating subsections (b) and (c) as
9
subsections (c) and (d), respectively;
10
(2) by inserting after subsection (a) the fol-
11
lowing new subsection (b):
12
‘‘(b) ADDITIONAL REVIEW RELATING TO DISCLO-
13
SURE OF MENTAL AND BEHAVIORAL HEALTH CONDI-
14
TIONS.—Not later than 180 days after implementing the
15
centralized credential system established under subsection
16
(a)(2), the Secretary shall review all processes and forms
17
relating to health care provider credentialing and privi-
18
leging of covered applicants to—
19
‘‘(1) identify questions, required disclosures, or
20
other information required to be provided by the ap-
21
plicant that asks or requires the applicant to disclose
22
mental, behavioral, psychological, or other related
23
health conditions of the applicant, including require-
24
ments contained in—
25
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‘‘(A) applications for credentialing, peer
1
reference, or competency assessment; and
2
‘‘(B) employee manuals, guidance, and
3
policies of the Department of Defense governing
4
the requirements for credentialing, privileging,
5
or employment of health care providers; and
6
‘‘(2) review credentialing, peer reference, and
7
competency assessment forms for health care pro-
8
viders and make a comparison across the military
9
departments and the Defense Health Agency as ap-
10
plicable, including a review of—
11
‘‘(A) which forms require disclosure of
12
mental, behavioral, psychological, or other re-
13
lated health conditions; and
14
‘‘(B) whether such disclosure of mental,
15
behavioral, psychological, or other related
16
health conditions include past and current diag-
17
noses and treatment.’’; and
18
(3) in subsection (c), as redesignated by para-
19
graph (1)—
20
(A) in the matter preceding paragraph (1),
21
by inserting after ‘‘this Act,’’ the following:
22
‘‘and not later than one year after imple-
23
menting the centralized credential system estab-
24
lished under subsection (a)(2)’’;
25
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(B) in paragraph (1), by striking ‘‘review
1
required under subsection (a)’’ and inserting
2
‘‘reviews required under subsections (a) and
3
(b)’’; and
4
(C) in paragraph (2), by striking ‘‘such re-
5
view’’ and inserting ‘‘such reviews’’.
6
(b) REPORT.—Not later than one year after the date
7
of the enactment of this Act, the Secretary of Defense
8
shall submit to the Committees on Armed Services of the
9
Senate and the House of Representatives a report con-
10
taining the following:
11
(1) The findings of the review required under
12
subsection (b) of section 720 of the National De-
13
fense Authorization Act for Fiscal Year 2026 (Pub-
14
lic Law 119–60; 10 U.S.C. 1094 note), as added by
15
subsection (a)(2) of this section.
16
(2) A detailed plan outlining steps the Sec-
17
retary has taken or will take pursuant to such re-
18
view, including a timeline for completion of such
19
steps.
20
SEC. 729. EXPANSION OF INDIVIDUAL LONGITUDINAL EX-
21
POSURE RECORD.
22
(a) IN GENERAL.—Section 996 of title 10, United
23
States Code, is amended—
24
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(1) by redesignating subsection (e) as sub-
1
section (i); and
2
(2) by inserting after subsection (d) the fol-
3
lowing new subsections:
4
‘‘(e) INCLUSION OF FAMILY MEMBER EXPOSURES.—
5
The Secretary may include in the Individual Longitudinal
6
Exposure Record of a member of the armed forces expo-
7
sures experienced by family members of such member dur-
8
ing an accompanied tour while such member is serving on
9
active duty, regardless of whether the location is in the
10
continental United States, outside the continental United
11
States, or a classified location.
12
‘‘(f) INDIVIDUAL ACCESS TO DATA AND UPDATES OR
13
CORRECTIONS.—(1) The Secretary may provide to mem-
14
bers of the armed forces, veterans, designated family
15
members, and survivors password-protected access to view
16
data within the Individual Longitudinal Exposure Record
17
to which the individual is authorized to view.
18
‘‘(2) An individual may request an update or correc-
19
tion to any data included in the Individual Longitudinal
20
Exposure Record that relates to the individual.
21
‘‘(g) TOXIC EXPOSURE CAPABILITY.—The Secretary
22
may modify the Individual Longitudinal Exposure Record
23
to provide the capability to notify an individual of a poten-
24
tial toxic exposure of the individual in real time.
25
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‘‘(h) PRESERVATION OF RECORDS AFTER DEATH.—
1
The Secretary may modify the Individual Longitudinal
2
Exposure Record to preserve records of an individual after
3
the death of the individual for purposes of research, sur-
4
vivor benefits, and disease-cluster identification.’’.
5
(b) FULL OPERATING CAPACITY.—Not later than
6
two years after the date of the enactment of this Act, the
7
Secretary of Defense shall ensure that the Individual Lon-
8
gitudinal Exposure Record maintained under section 996
9
of title 10, United States Code, is at full operating capac-
10
ity in accordance with the requirements and authorities
11
under such section, as amended by subsection (a).
12
(c) REPORT.—Not later than January 1, 2028, the
13
Secretary of Defense, in consultation with the Secretary
14
of Veterans Affairs, shall submit to the Committees on
15
Armed Services of the Senate and the House of Represent-
16
atives a report detailing—
17
(1) whether the Secretary intends to implement
18
subsections (e) through (h) of section 996 of title
19
10, United States Code, as added by subsection
20
(a)(2); and
21
(2) if the Secretary does not intend to imple-
22
ment any such subsection, the recommendations of
23
the Secretary with respect to the implementation of
24
such subsection.
25
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SEC. 730. PILOT PROGRAM ON MODERNIZATION OF DRUG
1
TESTING USING VOICE-BASED RISK ASSESS-
2
MENT.
3
(a) PILOT PROGRAM REQUIRED.—The Secretary of
4
Defense shall carry out a pilot program at not more than
5
five military installations, representing a combined total
6
of not less than 40,000 and not more than 50,000 active-
7
duty members of the Armed Forces, to evaluate the use
8
of voice-based risk assessment technology to support tar-
9
geted drug testing.
10
(b) PURPOSE.—The purpose of the pilot program is
11
to determine whether automated voice-based screening
12
tools can improve the efficiency, cost-effectiveness, and
13
operational readiness of the Department of Defense’s drug
14
testing programs by enabling risk-informed testing in
15
place of universal urinalysis.
16
(c) PROGRAM
ELEMENTS.—The pilot program
17
shall—
18
(1) integrate voice-based automated screening
19
technology capable of producing real-time, individ-
20
ualized risk assessments from simple yes/no ques-
21
tions;
22
(2) be executed as part of the Drug Demand
23
Reduction Program of the Department of Defense;
24
(3) assess impacts on testing volume, cost sav-
25
ings, personnel time, and operational readiness;
26
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(4) be conducted in a manner that protects in-
1
dividual privacy and complies with applicable law,
2
Department policy, and applicable protections under
3
section 552a of title 5, United States Code (com-
4
monly referred to as the ‘‘Privacy Act of 1974’’);
5
and
6
(5) only be conducted if the proposed voice-
7
based automated screening technology or any other
8
proposed screening technology is scientifically vali-
9
dated, peer-reviewed, and legally defensible as de-
10
fined by the Secretary of Defense.
11
(d) TERMINATION.—The Secretary of Defense shall
12
determine when to terminate the pilot program established
13
under this section.
14
Subtitle C—Combat and
15
Operational Health Support
16
SEC. 741. ESTABLISHMENT OF JOINT DISEASE AND NON-
17
BATTLE INJURY SURVEILLANCE AND READI-
18
NESS SYSTEM.
19
(a) ESTABLISHMENT.—Chapter 55 of title 10,
20
United States Code, is amended by inserting after section
21
1110b the following new section:
22
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‘‘§ 1110c. Joint Disease and Non-Battle Injury Surveil-
1
lance and Readiness System
2
‘‘(a) IN GENERAL.—The Secretary of Defense shall
3
establish and maintain a Joint Disease and Non-Battle
4
Injury Surveillance and Readiness System (in this section
5
referred to as the ‘Joint DNBI System’) within the De-
6
fense Health Agency to provide standardized, interoper-
7
able, and real-time monitoring of disease and non-battle
8
injury across the armed forces.
9
‘‘(b) APPLICABILITY.—The Joint DNBI System shall
10
apply to—
11
‘‘(1) the regular components of the armed
12
forces;
13
‘‘(2) the reserve components of the armed
14
forces when in Federal service; and
15
‘‘(3) such other personnel of the Department of
16
Defense as the Secretary determines appropriate.
17
‘‘(c) ELEMENTS.—The Joint DNBI System shall—
18
‘‘(1) standardize definitions, metrics, and re-
19
porting requirements for disease and non-battle in-
20
jury of members of the armed forces;
21
‘‘(2) integrate with the electronic health record
22
systems of the Department of Defense;
23
‘‘(3) integrate with readiness reporting systems
24
and operational reporting platforms;
25
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‘‘(4) provide commanders and combatant com-
1
mands
with
near-real-time
medical
situational
2
awareness;
3
‘‘(5) incorporate environmental and occupa-
4
tional health surveillance data;
5
‘‘(6) track lost duty days, medical evacuations,
6
limited duty status, and other readiness impacts at-
7
tributable to disease and non-battle injury;
8
‘‘(7) integrate lessons learned with respect to
9
infectious disease and preventive medicine, including
10
through overseas medical laboratories and the Global
11
Emerging Infectious Surveillance program, across
12
the armed forces; and
13
‘‘(8) ensure interoperability, as appropriate,
14
with joint, interagency, and allied health surveillance
15
systems.
16
‘‘(d) RESPONSIBILITIES.—
17
‘‘(1) SECRETARY OF DEFENSE.—The Secretary
18
of Defense shall—
19
‘‘(A) designate a senior official within the
20
Office of the Secretary of Defense to oversee
21
policy oversight with respect to the Joint DNBI
22
System; and
23
‘‘(B) ensure adequate resourcing and cy-
24
bersecurity protections for such system.
25
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‘‘(2) SECRETARIES OF THE MILITARY DEPART-
1
MENTS.—Each Secretary of a military department
2
shall—
3
‘‘(A) implement standardized reporting
4
procedures with respect to the Joint DNBI Sys-
5
tem;
6
‘‘(B) ensure compliance with such system
7
at all command levels; and
8
‘‘(C) incorporate disease and non-battle in-
9
jury metrics into readiness assessments.
10
‘‘(3) JOINT
STAFF
AND
COMBATANT
COM-
11
MANDERS.—The Joint Staff and the commanders of
12
the combatant commands shall incorporate data
13
from the Joint DNBI System into operational risk
14
assessments and campaign planning.
15
‘‘(4) DIRECTOR
OF
THE
DEFENSE
HEALTH
16
AGENCY.—The Director of the Defense Health
17
Agency shall—
18
‘‘(A) develop the concept of operations for
19
the Joint DNBI System; and
20
‘‘(B) implement policy guidance from the
21
Secretary of Defense and ensure such system
22
achieves full operational capability.
23
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‘‘(e) PRIVACY AND CIVIL LIBERTIES.—The Secretary
1
of Defense shall ensure that the Joint DNBI System com-
2
plies with—
3
‘‘(1) section 552a of title 5 (commonly known
4
as the ‘Privacy Act of 1974’);
5
‘‘(2) the Health Insurance Portability and Ac-
6
countability Act of 1996 (Public Law 104–191); and
7
‘‘(3) all applicable cybersecurity and data pro-
8
tection requirements.
9
‘‘(f) ANNUAL BRIEFING.—Not later than March 1 of
10
each year beginning in the first full fiscal year following
11
implementation of the Joint DNBI System, the Secretary
12
of Defense shall provide to the Committees on Armed
13
Services of the Senate and the House of Representatives
14
a briefing on trends in disease and non-battle injury and
15
associated readiness impacts.
16
‘‘(g) SUNSET.—This section shall terminate on Sep-
17
tember 30, 2032.
18
‘‘(h) DISEASE
AND
NON-BATTLE
INJURY
DE-
19
FINED.—In this section, the term ‘disease and non-battle
20
injury’ means any medical condition not directly attrib-
21
utable to hostile action, including infectious disease, envi-
22
ronmental exposure, occupational injury, training-related
23
injury, heat or cold injury, and other non-combat-related
24
conditions affecting readiness.’’.
25
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(b) IMPLEMENTATION TIMELINE.—The Secretary of
1
Defense shall—
2
(1) not later than 180 days after the date of
3
the enactment of this Act, issue implementing guid-
4
ance for the Joint Disease and Non-Battle Injury
5
Surveillance and Readiness System established
6
under section 1110c of title 10, United States Code,
7
as added by subsection (a);
8
(2) not later than 18 months after such date of
9
enactment, achieve initial operating capability for
10
such system; and
11
(3) not later than 36 months after such date of
12
enactment, achieve full operating capability for such
13
system.
14
(c) INITIAL REPORT.—Not later than one year after
15
the date of the enactment of this Act, the Secretary of
16
Defense shall submit to the Committees on Armed Serv-
17
ices of the Senate and the House of Representatives a re-
18
port describing—
19
(1) progress of implementation of the Joint
20
Disease and Non-Battle Injury Surveillance and
21
Readiness System established under section 1110c of
22
title 10, United States Code, as added by subsection
23
(a);
24
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(2) identified capability gaps with respect to
1
such system; and
2
(3) resource requirements for such system.
3
SEC. 742. PRESERVATION OF DEDICATED AEROMEDICAL
4
EVACUATION CAPABILITY OF MEDICAL SERV-
5
ICE CORPS OF THE ARMY.
6
(a) IN GENERAL.—The Medical Service Corps of the
7
Army shall maintain a dedicated aeromedical evacuation
8
capability, including personnel, training, doctrine, and air-
9
craft specifically configured for aeromedical evacuation
10
missions.
11
(b) CLARIFICATION OF AUTHORITY.—The Secretary
12
of the Army shall ensure that—
13
(1) the aviation branch of the Army has the au-
14
thority to organize, train, and equip aviation assets
15
in accordance with operational requirements; and
16
(2) the medical department of the Army, under
17
the authority delegated to such department by the
18
Surgeon General of the Army, has the authority for
19
medical command and control, patient care respon-
20
sibilities, and clinical standards for aeromedical
21
evacuation operations.
22
(c) ELEMENTS OF CAPABILITY.—The Secretary of
23
the Army shall maintain the capability required under
24
subsection (a)—
25
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(1) in alignment with the sufficiency analysis of
1
the Surgeon General of the Army;
2
(2) consistent with medical evacuation doctrine
3
and operational planning assumptions of the Army;
4
and
5
(3) in support of—
6
(A) the commanders of the combatant
7
commands;
8
(B) contingency operations and operational
9
plans;
10
(C) civil authorities;
11
(D) chemical, biological, radiological, and
12
nuclear response force missions;
13
(E) humanitarian assistance and disaster
14
response operations; and
15
(F) garrison emergency medical response
16
operations at installations of the Department of
17
Defense.
18
(d) CHANGE IN STRUCTURE.—
19
(1) IN
GENERAL.—The capability required
20
under subsection (a) shall remain a distinct compo-
21
nent within the Medical Service Corps of the Army
22
and may not be restructured into general-purpose
23
aviation elements or dual-use configurations without
24
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prior notification to the congressional defense com-
1
mittees, which shall—
2
(A) be accompanied by a formal risk as-
3
sessment on—
4
(i) operational medical readiness of
5
the Medical Service Corps; and
6
(ii) readiness of the Medical Service
7
Corps to support the joint force and mis-
8
sions specified under subsection (c)(3); and
9
(B) contain a report that—
10
(i) is based on the force structure au-
11
thorizations outlined in the most current
12
Army Structure Message;
13
(ii) is informed by the most current
14
Total Army Analysis approved by the Sec-
15
retary of the Army; and
16
(iii) does not propose or assume any
17
changes to the aircraft authorizations re-
18
flected in the documents specified in
19
clauses (i) and (ii).
20
(2) OPERATIONAL
MEDICAL
REQUIREMENTS
21
AND JOINT FORCE NEEDS.—Any adjustments made
22
to the force structure of the aeromedical evacuation
23
capability of the Army must account for operational
24
medical requirements and joint force needs where
25
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the Surgeon General of the Army retains authority
1
over the medical force structure, staffing, clinical
2
oversight, and doctrinal development for aeromedical
3
evacuation units.
4
(e) EFFECTIVE DATE.—This section shall take effect
5
on the date that is 180 days after the date of the enact-
6
ment of this Act.
7
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
8
tion shall be construed to prohibit augmentation of mili-
9
tary patient movement operations with combatant, com-
10
mercial, or allied assets in contingency or humanitarian
11
operations, as determined necessary by the Secretary of
12
Defense.
13
SEC. 743. ESTABLISHMENT OF PARTNERSHIP PROGRAM BE-
14
TWEEN UNITED STATES, INDO-PACIFIC RE-
15
GION, AND ARCTIC REGION FOR MILITARY
16
TRAUMA CARE, DISEASE AND NON-BATTLE
17
INJURY, HEALTH SYSTEMS SUPPORT, AND
18
RESEARCH.
19
(a) IN GENERAL.—Not later than June 1, 2027, the
20
Secretary of Defense, working in coordination with the
21
commanders of the appropriate combatant commands,
22
shall seek to enter into a partnership with appropriate
23
governmental counterparts in the Indo-Pacific and Arctic
24
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regions to establish a joint program focused on military
1
trauma care and research.
2
(b) ELEMENTS.—The program required under sub-
3
section (a) shall include the following:
4
(1) The sharing of relevant lessons learned in
5
combat casualty care derived from prior conflicts.
6
(2) The conduct of joint conferences, symposia,
7
and professional exchange programs involving mili-
8
tary medical professionals from the United States
9
and partner nations in the Indo-Pacific and Arctic
10
regions.
11
(3) Collaboration on matters related to health
12
policy, health administration, and medical logistics,
13
including medical supplies and equipment, through
14
structured knowledge exchanges.
15
(4) The conduct of joint research and develop-
16
ment initiatives addressing the health effects of new
17
and emerging weapons and methods of warfare.
18
(5) The establishment of agreements with mili-
19
tary medical schools in the Indo-Pacific and Arctic
20
regions to support reciprocal education programs
21
under which—
22
(A) students of the Uniformed Services
23
University of the Health Sciences receive spe-
24
cialized military medical instruction at partici-
25
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pating military medical schools in the Indo-Pa-
1
cific and Arctic regions; and
2
(B) military medical personnel from part-
3
ner nations in the Indo-Pacific and Arctic re-
4
gions receive specialized military medical in-
5
struction at the Uniformed Services University
6
of the Health Sciences, consistent with section
7
2114(f) of title 10, United States Code.
8
(6) The provision of assistance to partner na-
9
tions in the Indo-Pacific and Arctic regions to sup-
10
port the development, sustainment, and moderniza-
11
tion of combat casualty care systems and programs.
12
(7) Coordination, through the Joint Trauma
13
System of the Defense Health Agency, of trauma
14
care doctrine, data collection, performance improve-
15
ment, and clinical best practices with the armed
16
forces and military medical services of partner na-
17
tions in the Indo-Pacific and Arctic regions, in co-
18
ordination with United States Indo-Pacific Com-
19
mand, United States Northern Command, and
20
United States European Command.
21
(8) The provision of training to the armed
22
forces of partner nations in the Indo-Pacific and
23
Arctic regions in the following areas:
24
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(A) Health effects and medical response
1
related to chemical, biological, radiological, nu-
2
clear, and explosive weapons.
3
(B) Trauma care.
4
(C) Preventive medicine and infectious dis-
5
ease.
6
(D) Post-traumatic stress disorder.
7
(E) Suicide prevention.
8
(F) Traumatic brain injury.
9
(G) Medical and health intelligence.
10
(H) Health policy and administration.
11
(9) The maintenance of a list of critical medical
12
supplies and equipment required to support program
13
objectives and regional readiness.
14
(10) Such other activities or program elements
15
as the Secretary of Defense determines appropriate
16
to advance the purposes of this section.
17
SEC. 744. AERIAL TRANSPORT AND DEPARTMENT OF DE-
18
FENSE-WIDE
CAPABILITY
FOR
HIGH-CON-
19
SEQUENCE INFECTIOUS DISEASES.
20
(a) IN GENERAL.—Not later than September 30,
21
2027, the Secretary of Defense shall establish, sustain,
22
and resource a program to provide for the safe, long-range
23
aerial transport of personnel of the Department of De-
24
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fense known to be or suspected of being infected by a high-
1
consequence infectious disease.
2
(b) AEROMEDICAL EVACUATION COMPONENT OF IN-
3
FECTIOUS DISEASE RESPONSE CAPABILITY.—The pro-
4
gram required under subsection (a) shall serve as the
5
aeromedical evacuation component of a capability of the
6
Department for high-consequence infectious disease re-
7
sponse that supports independent military operations of
8
the Department and integration with Federal, State, local,
9
civilian, and academic partners.
10
(c) PROGRAM REQUIREMENTS.—In establishing and
11
sustaining the program required under subsection (a), the
12
Secretary shall—
13
(1) develop and maintain curriculum and iden-
14
tify qualified instructors to train and certify military
15
and civilian medical personnel on procedures associ-
16
ated with the safe, long-range aerial transport of pa-
17
tients with infectious diseases;
18
(2) establish and periodically update medical
19
care standards, infection prevention and control
20
measures, and operational safety protocols necessary
21
to maximize patient survival and minimize infection
22
risk to aircrew, medical personnel, and support per-
23
sonnel;
24
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(3) serve as the joint force advocate and execu-
1
tive agent for aerial transport of personnel with
2
high-consequence infectious diseases within the De-
3
partment;
4
(4) establish standards, sustainment require-
5
ments, and lifecycle management processes for per-
6
sonal protective equipment, transport isolation sys-
7
tems, and associated medical equipment used in
8
transporting infected patients;
9
(5) develop joint doctrine, concepts of oper-
10
ation, and medical force requirements necessary to
11
support a Department-wide high-consequence infec-
12
tious disease capability, including patient movement,
13
definitive care, and integration across the continuum
14
of care;
15
(6) inform the organization, training, and
16
equipping of specialized, organized teams capable of
17
conducting high-consequence infectious disease pa-
18
tient movement and care in operational, austere, and
19
strategic environments;
20
(7) support interoperability and operational in-
21
tegration with Federal, State, local, civilian, and
22
academic partners to enable coordinated response to
23
tactical incidents, large-scale contingencies, and re-
24
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search activities related to emerging and future in-
1
fectious disease threats; and
2
(8) identify capability gaps and support re-
3
search, development, testing, and evaluation of med-
4
ical countermeasures, transport systems, protective
5
equipment, and operational procedures necessary to
6
improve survivability, safety, and mission effective-
7
ness in high-consequence infectious disease oper-
8
ations.
9
(d) ENTERPRISE DOCTRINE AND OVERSIGHT.—The
10
Secretary shall develop and maintain doctrine and policy
11
throughout the Department to guide the development,
12
fielding, sustainment, and employment of high-con-
13
sequence infectious disease response capabilities across the
14
Department.
15
SEC. 745. REQUIREMENT FOR ANNUAL LARGE-SCALE COM-
16
BAT CASUALTY ESTIMATION REPORT.
17
(a) PURPOSE.—The purpose of this section is to en-
18
sure that the Department of Defense, in coordination with
19
the Joint Staff Surgeon and the Director of the Defense
20
Health Agency, maintains accurate, comprehensive, and
21
validated estimates of potential casualties in major combat
22
operations to inform readiness, medical planning, and pol-
23
icy decisions.
24
(b) REPORT REQUIRED.—
25
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(1) IN
GENERAL.—Not later than 180 days
1
after the date of the enactment of this Act, and an-
2
nually thereafter until September 30, 2032, the Sec-
3
retary of Defense shall submit to the Committees on
4
Armed Services of the Senate and the House of Rep-
5
resentatives a report on projected casualties of the
6
Armed Forces in large-scale combat operations.
7
(2) FREQUENCY.—Reports under paragraph (1)
8
may be required more frequently upon request of the
9
Committees on Armed Services of the Senate and
10
the House of Representatives.
11
(c) COORDINATION.—Each report required under
12
subsection (b) shall be prepared in coordination with—
13
(1) the Joint Staff Surgeon;
14
(2) the Director of the Defense Health Agency;
15
and
16
(3) the Surgeon General of each military de-
17
partment.
18
(d) CONTENT OF REPORT.—Each report required
19
under subsection (b) shall include, at a minimum, the fol-
20
lowing:
21
(1) Projected casualty estimates (including
22
those killed, wounded, and missing and including
23
non-battle injuries) for major combat scenarios con-
24
sistent with the national defense strategy required
25
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under section 113(g) of title 10, United States Code,
1
and joint operational planning assumptions.
2
(2) An assessment of the capacity of the med-
3
ical system, including—
4
(A) deployable hospital beds, evacuation
5
assets, and blood supply;
6
(B) trauma team and medical personnel
7
availability; and
8
(C) contingency staffing plans under mass
9
casualty scenarios.
10
(3) A force health protection capability assess-
11
ment, including preventive medicine, immunization,
12
and disease outbreak mitigation plans.
13
(4) A joint trauma system integration assess-
14
ment, including lessons learned and expected surviv-
15
ability outcomes under projected casualty scenarios.
16
(5) An identification of data sources and meth-
17
odology, including assumptions, models, and valida-
18
tion procedures used to generate casualty estimates.
19
(6) A description of gaps in capabilities and an
20
identification of recommendations, including rec-
21
ommendations for resource or policy requirements,
22
to mitigate projected shortfalls.
23
(e) FORM OF REPORT.—
24
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(1) IN GENERAL.—Each report required under
1
subsection (b) shall be submitted in classified form,
2
with a summary in unclassified form suitable for
3
congressional oversight.
4
(2) PROTECTION
OF
CLASSIFIED
DATA.—The
5
Secretary of Defense shall ensure that classified
6
data included in a report submitted under subsection
7
(b) is properly safeguarded and that methodologies
8
are appropriately documented for internal and con-
9
gressional review.
10
SEC. 746. REPORT ON THE ORGANIZATION, PERFORMANCE,
11
AND
STANDARDIZATION
OF
EMERGENCY
12
MEDICAL SERVICES WITHIN THE DEPART-
13
MENT OF DEFENSE.
14
(a) REPORT REQUIRED.—Not later than 180 days
15
after the date of the enactment of this Act, the Secretary
16
of Defense shall submit to the Committees on Armed Serv-
17
ices of the Senate and the House of Representatives a re-
18
port on the organization, oversight, capabilities, and per-
19
formance of emergency medical services across military in-
20
stallations.
21
(b) MATTERS TO BE INCLUDED.—The report re-
22
quired under subsection (a) shall include the following:
23
(1) ORGANIZATIONAL STRUCTURE.—A descrip-
24
tion of the current organizational structure respon-
25
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sible for providing emergency medical services across
1
military installations, including the roles of—
2
(A) the Secretary of Defense;
3
(B) the Secretary of each military depart-
4
ment;
5
(C) the Director of the Defense Health
6
Agency;
7
(D) installation commanders;
8
(E) fire and emergency services organiza-
9
tions; and
10
(F) military medical treatment facilities.
11
(2) ASSESSMENT
OF
EMERGENCY
MEDICAL
12
SERVICES CAPABILITIES.—An assessment of emer-
13
gency medical services capabilities at military instal-
14
lations, including—
15
(A) the number and distribution of emer-
16
gency medical services response units;
17
(B) ambulance capabilities and equipment
18
levels;
19
(C) staffing levels and certification levels
20
of emergency medical personnel;
21
(D) availability of advanced life support
22
services;
23
(E) integration with military medical treat-
24
ment facilities and local civilian hospitals; and
25
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(F) an evaluation of systems used to track
1
naloxone distribution, including—
2
(i) the degree of integration of such
3
tracking systems between emergency med-
4
ical services reporting systems and medical
5
record systems;
6
(ii)
procedures
for
documenting
7
naloxone administration during emergency
8
responses; and
9
(iii) recommendations for establishing
10
a standardized Department-wide tracking
11
framework.
12
(3)
PERFORMANCE
METRICS.—Standardized
13
performance metrics for emergency medical services
14
operations across military installations, including—
15
(A) response-time metrics, including—
16
(i) the average dispatch-to-arrival re-
17
sponse time;
18
(ii) the percentage of emergency calls
19
with arrival on scene within eight minutes;
20
and
21
(iii) the time from arrival on scene to
22
patient contact;
23
(B) patient care metrics, including—
24
(i) cardiac arrest survival rates;
25
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(ii) time to first defibrillation during
1
cardiac arrest events;
2
(iii) trauma stabilization and trans-
3
port intervals; and
4
(iv) adherence to established pre-hos-
5
pital clinical protocols;
6
(C) operational capacity metrics, includ-
7
ing—
8
(i) the number of available ambu-
9
lances per installation population;
10
(ii) the availability of advanced life
11
support capabilities; and
12
(iii) emergency medical services cov-
13
erage areas and response zones; and
14
(D) personnel-readiness metrics, includ-
15
ing—
16
(i) certification levels of emergency
17
medical technicians and paramedics;
18
(ii) training completion rates; and
19
(iii) participation in joint emergency
20
response exercises.
21
(4) AUTOMATED
EXTERNAL
DEFIBRILLATOR
22
ASSESSMENT.—An evaluation of the deployment and
23
readiness of automated external defibrillator devices
24
across military installations, including—
25
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(A) the number and distribution of such
1
devices;
2
(B) identification of high-traffic locations
3
where such devices are deployed;
4
(C) maintenance and inspection compliance
5
rates for such devices;
6
(D) training levels for personnel in
7
cardiopulmonary resuscitation and usage of
8
such devices;
9
(E) the usage of such devices in training
10
and physical fitness evolutions; and
11
(F) response outcomes for cardiac emer-
12
gencies in which such devices were used.
13
(5) INTEGRATION WITH CIVILIAN EMERGENCY
14
SYSTEMS.—An assessment of coordination between
15
installation emergency medical services systems and
16
State or local emergency response systems, includ-
17
ing—
18
(A) mutual aid agreements;
19
(B) interoperable communications systems;
20
(C) joint training and response exercises;
21
and
22
(D) procedures for patient transport to ci-
23
vilian medical facilities.
24
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(6) RESOURCE AND CAPABILITY GAPS.—Identi-
1
fication of any capability gaps or resource defi-
2
ciencies affecting emergency medical services oper-
3
ations, including—
4
(A) personnel shortages;
5
(B) equipment or ambulance shortfalls;
6
(C) deficiencies in placement or mainte-
7
nance of automated external defibrillator de-
8
vices;
9
(D) limitations affecting response times;
10
and
11
(E) funding challenges.
12
(7) RECOMMENDATIONS.—Recommendations of
13
the Secretary of Defense regarding—
14
(A) the development of emergency medical
15
services standards throughout the Department
16
of Defense;
17
(B) improvements to emergency response
18
performance;
19
(C)
enhanced
automated
external
20
defibrillator device deployment and cardiac
21
emergency preparedness;
22
(D) standardized funding within one orga-
23
nization of the Department;
24
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(E) legislative or administrative actions
1
necessary to standardize emergency medical
2
services operations across the Department; and
3
(F) other matters that are relevant to
4
standardized emergency medical services and
5
usage of automated external defibrillator de-
6
vices.
7
(c) BRIEFING REQUIREMENT.—Not later than 30
8
days after submission of the report required under sub-
9
section (a), the Secretary of Defense shall provide to the
10
Committees on Armed Services of the Senate and the
11
House of Representatives a briefing on the findings and
12
recommendations contained in the report.
13
(d) DEFINITIONS.—In this section:
14
(1) EMERGENCY
MEDICAL
SERVICES.—The
15
term ‘‘emergency medical services’’ means pre-hos-
16
pital emergency medical care and patient transport
17
provided by trained personnel in response to medical
18
emergencies.
19
(2) MILITARY INSTALLATION.—The term ‘‘mili-
20
tary installation’’ has the meaning given that term
21
in section 2801(c) of title 10, United States Code.
22
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SEC. 747. EXPANSION OF HEALTH CARE LICENSE PORT-
1
ABILITY FOR MEDICAL PROVIDERS OF THE
2
NATIONAL GUARD.
3
Section 1094(d)(3)(B) of title 10, United States
4
Code, is amended—
5
(1) by striking ‘‘or duty under’’ and inserting
6
‘‘or duty—
7
‘‘(i) under’’;
8
(2) by striking the period at the end and insert-
9
ing ‘‘; or’’; and
10
(3) adding at the end the following:
11
‘‘(ii) under title 32 when providing care to
12
a member of the uniformed services.’’.
13
SEC. 748. JOINT FORCES MEDICAL CAPABILITIES DEVELOP-
14
MENT AND STANDARDIZATION.
15
(a) PROCESS REQUIRED.—Not later than 180 days
16
after the date of the enactment of this Act, the Secretary
17
of Defense, in coordination with the Secretary of each
18
military department, the Chairman of the Joint Chiefs of
19
Staff, and the Director of the Defense Health Agency,
20
shall develop a process to establish required joint force
21
medical capabilities for members of the Armed Forces that
22
meet the operational planning requirements of the combat-
23
ant commands.
24
(b) PROCESS ELEMENTS.—The process developed
25
under subsection (a) shall include the following:
26
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(1) A joint medical estimate to determine the
1
medical requirements for managing members of the
2
Armed Forces who are wounded, ill, or injured dur-
3
ing military operations, including with respect to en-
4
vironmental health, public health, health treats,
5
force health protection, and medical material and
6
supply chain risks.
7
(2) The development of a joint concept of
8
health service support, which shall include a listing
9
of the capabilities (including medical intelligence,
10
blood support, education, and training) required by
11
the defense health and medical enterprise to support
12
the complexities of the future battlespace aligned
13
against the roles of care.
14
(3) A process to review and revise military
15
health related mission essential tasks in order to en-
16
sure that such tasks are aligned with military med-
17
ical knowledge, skills, abilities, education, and train-
18
ing.
19
(4) A process to standardize the interoperability
20
of medical equipment and capabilities to support the
21
joint force.
22
(5) A process to collect and evaluate operational
23
medical lessons of the Department of Defense—
24
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(A) learned through use of the Joint Les-
1
sons Learned Information System; or
2
(B) by leveraging information available
3
through the Joint Trauma System of the De-
4
fense Health Agency, process improvement sys-
5
tems, Trauma Registry of the Department of
6
Defense, and other information systems as ap-
7
propriate.
8
(6) A process to incorporate operational medical
9
lessons learned into the joint medical estimate.
10
(7) A process to incorporate operational medical
11
lessons learned into the Universal Joint Task List,
12
the Mission Essential Task Lists of each military de-
13
partment, and the Joint Mission Essential Task
14
List.
15
(8) A process to incorporate operational medical
16
lessons learned into enlisted medical education and
17
training, undergraduate medical education, and
18
graduate medical education.
19
(c) ANNUAL BRIEFING REQUIRED.—Not later than
20
April 1 of each year through 2031, the Secretary of De-
21
fense shall submit to the Committees on Armed Services
22
of the Senate and the House of Representatives a briefing
23
on the process required under subsection (a).
24
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(d) ROLES OF CARE DEFINED.—In this section, the
1
term ‘‘roles of care’’ means the standardized levels of med-
2
ical capability provided to wounded, ill, or injured per-
3
sonnel of the Armed Forces as such personnel move
4
through the military health system from the point of in-
5
jury to definitive treatment and rehabilitation.
6
(e) REPEAL OF SUPERSEDED AUTHORITY.—Section
7
732 of the John S. McCain National Defense Authoriza-
8
tion Act for Fiscal Year 2019 (Public Law 115–232; 132
9
Stat. 1817) is repealed.
10
SEC. 749. EXPANSION OF AUTHORITIES TO ENABLE INTER-
11
OPERABILITY
AMONG
MILITARY
HEALTH
12
CARE
PROFESSIONALS
OF
THE
UNITED
13
STATES AND PARTNER COUNTRIES.
14
(a) LICENSURE REQUIREMENT FOR HEALTH-CARE
15
PROFESSIONALS.—Section 1094(e)(3) of title 10, United
16
States Code, is amended—
17
(1) by redesignating subparagraph (E) as sub-
18
paragraph (J); and
19
(2) by inserting after subparagraph (D) the fol-
20
lowing new subparagraphs:
21
‘‘(E) Japan.
22
‘‘(F) The Republic of Korea.
23
‘‘(G) France.
24
‘‘(H) Germany.
25
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‘‘(I) Qatar.’’.
1
(b) EXCHANGE OF DEFENSE PERSONNEL BETWEEN
2
UNITED STATES AND FRIENDLY FOREIGN COUNTRIES.—
3
Section 311 of title 10, United States Code, is amended—
4
(1) in subsection (b)—
5
(A) by redesignating paragraph (3) as
6
paragraph (4); and
7
(B) by inserting after paragraph (2) the
8
following new paragraph:
9
‘‘(3)(A) Subject to certification under subparagraph
10
(B), an agreement for the exchange of health care profes-
11
sionals may provide for assignment of Department of De-
12
fense personnel to perform authorized Federal duties in
13
foreign military medical facilities or operational platforms.
14
‘‘(B) In carrying out subparagraph (A), the com-
15
mander of the appropriate geographic combatant com-
16
mand, or an authorized designee, following a review of ap-
17
plicable international agreements, national laws, and regu-
18
lations, shall certify that sufficient mitigation of criminal
19
and civil liability for health care professionals exists in the
20
location in which authorized Federal duties are to be per-
21
formed.’’; and
22
(2) in subsection (c)—
23
(A) by striking ‘‘In the case of’’ and in-
24
serting ‘‘(1) In the case of’’; and
25
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(B) by adding at the end the following new
1
paragraph:
2
‘‘(2) An agreement for the exchange of health care
3
professionals is subject to licensure requirements as de-
4
fined in section 1094 of this title.’’.
5
SEC. 750. TASK FORCE ON INTERNATIONAL AGREEMENTS
6
FOR INDO-PACIFIC MEDICAL PARTNERSHIPS.
7
(a) IN GENERAL.—Not later than 60 days after the
8
date of the enactment of this Act, the Secretary of De-
9
fense, in consultation with the Secretary of State, shall
10
establish a task force responsible for securing and negoti-
11
ating the international agreements required to implement
12
the Indo-Pacific Medical Readiness Program established
13
under section 735 of the Servicemember Quality of Life
14
Improvement and National Defense Authorization Act for
15
Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1074
16
note) to ensure the Armed Forces of the United States
17
can partner with foreign medical facilities during peace-
18
time and wartime operations for military medical care,
19
casualty evacuation, and storage relevant to military med-
20
ical preparedness (in this section referred to as the ‘‘task
21
force’’).
22
(b) LEAD AND PARTICIPANTS.—
23
(1) LEAD.—Not later than 30 days after the
24
date of the enactment of this Act, the Secretary of
25
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Defense shall designate a senior official from the Of-
1
fice of the Secretary of Defense to lead and coordi-
2
nate the activities of the task force.
3
(2) PARTICIPANTS.—Participants in the task
4
force shall include senior representatives from the
5
following:
6
(A) The Joint Staff.
7
(B) Relevant combatant commands.
8
(C) Each military department.
9
(D) The Department of State.
10
(E) The Defense Health Agency.
11
(F) The Defense Logistics Agency.
12
(c) DUTIES.—The duties of the task force shall in-
13
clude the following:
14
(1) Identifying the possible foreign governments
15
and medical facilities that could meet the priority re-
16
quirements in the contingency and operational plans
17
of the United States Indo-Pacific Command.
18
(2) Reviewing existing United States agree-
19
ments with those foreign governments for medical
20
readiness and identifying necessary expansions or
21
adjustments to ensure that the Department of De-
22
fense can leverage medical facilities to carry out
23
those requirements.
24
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(3) Agreeing on a priority target list of foreign
1
governments for diplomatic outreach and developing
2
a diplomatic plan between the Department of De-
3
fense and the Department of State for each country,
4
in consultation with the local United States mission
5
with responsibility for the bilateral relationship.
6
(4) Coordinating outreach to foreign govern-
7
ments and foreign companies to develop or adjust
8
medical readiness agreements as needed, in consulta-
9
tion with the local United States mission with re-
10
sponsibility for the bilateral relationship.
11
(d) INTERIM PROGRESS REPORT.—Not later than 90
12
days after the date of the enactment of this Act, the task
13
force shall submit to Congress a progress report that—
14
(1) indicates the senior official designated
15
under subsection (b)(1);
16
(2) details a list of priority foreign governments
17
with which the task force intends to expand coopera-
18
tion and, for each such government—
19
(A) the type of desired cooperation with
20
foreign medical facilities under the jurisdiction
21
of such government;
22
(B) existing medical readiness agreement
23
frameworks with such government; and
24
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(C) barriers to implementing the medical
1
readiness program under section 735 of the
2
Servicemember Quality of Life Improvement
3
and National Defense Authorization Act for
4
Fiscal Year 2025 (Public Law 118–159; 10
5
U.S.C. 1074 note) with such government; and
6
(3) a strategy and plan for overcoming those
7
barriers by not later than March 2027.
8
SEC. 751. PILOT PROGRAM FOR INDO-PACIFIC REGIONAL
9
MEDICAL DATA SHARING.
10
(a) IN GENERAL.—The Secretary of Defense shall
11
develop a pilot health information technology platform (in
12
this section referred to as the ‘‘platform’’) that can func-
13
tion across military and civilian medical facilities in the
14
United States and foreign countries in the area of oper-
15
ations of the United States Indo-Pacific Command in ac-
16
cordance with the medical readiness program established
17
under section 735 of the Servicemember Quality of Life
18
Improvement and National Defense Authorization Act for
19
Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1074
20
note).
21
(b) CONSULTATION.—In developing the platform, the
22
Secretary shall consult with the respective stakeholders,
23
including the Commander of United States Indo-Pacific
24
Command, the Assistant Secretary of Defense of Health
25
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Affairs, the Director of the Defense Health Agency, the
1
Secretary of Health and Human Services, the Secretary
2
of State, health care providers of the Department of De-
3
fense, entities in the business of health data management
4
or maintenance of electronic health records, and other rel-
5
evant stakeholders in the United States.
6
(c) LESSONS LEARNED.—In developing the platform,
7
the Secretary should consider best practices developed by
8
the European Union in refining the European Union
9
Early Warning and Response System for medical data-
10
sharing to support wounded Ukrainians during the Rus-
11
sian-Ukrainian War.
12
(d) AVAILABLE PATIENT INFORMATION.—The Sec-
13
retary shall ensure elements of patient information in-
14
cluded in the platform are appropriate to support timely
15
medical care for members of the Armed Forces and citi-
16
zens of the United States located in the Indo-Pacific re-
17
gion in the event of a crisis or conflict.
18
(e) COMPLIANCE AND SECURITY.—The Secretary will
19
strive to ensure that the platform—
20
(1) is developed with the goal of adhering to ap-
21
plicable privacy and security standards for health in-
22
formation, while establishing a clear framework for
23
data handling that distinguishes between Armed
24
Forces personnel and civilians to ensure appropriate
25
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data sharing for military operations and to protect
1
civilian privacy;
2
(2) promotes the secure, seamless, and accurate
3
exchange of critical electronic health information by
4
aligning with modern interoperability standards and
5
discouraging information blocking;
6
(3) incorporates a risk-based approach for
7
health technologies to foster innovation while pro-
8
tecting patient safety;
9
(4) utilizes certified health information tech-
10
nology where feasible to ensure robust privacy and
11
security protections;
12
(5) is usable by health care providers in mul-
13
tiple countries and facilitates the exchange of both
14
structured and unstructured electronic health infor-
15
mation in compliance with best cybersecurity prac-
16
tices with respect to maintaining patient privacy and
17
confidentiality, maintaining system integrity, secur-
18
ing individual access through encryption and secu-
19
rity, and enhancing data availability, including—
20
(A) the ability to securely aggregate, se-
21
cure, and exchange information developed and
22
housed on partner systems that do not meet all
23
Department of Defense cybersecurity require-
24
ments; and
25
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(B) the use of technologies that protect
1
data at rest, in transit, and in use, such as con-
2
fidential computing, to the maximum extent
3
practicable;
4
(6) establishes shared and documented rules, as
5
part of a defined governance structure, for which
6
and to what extent individuals and entities obtain
7
and maintain access to the platform, which may in-
8
clude—
9
(A) a federated identity, credentialing, and
10
access management system to ensure appro-
11
priate personnel from Federal and mission part-
12
ner entities can securely access information;
13
and
14
(B) a mechanism to adopt and integrate
15
unique patient identifiers used by mission part-
16
ners to ensure accurate patient tracking, identi-
17
fication, and matching;
18
(7) provides a mechanism by which health data
19
and information of patients are available in multiple
20
languages relevant to the Indo-Pacific region in a
21
timely manner for use in urgent medical care, uti-
22
lizing structured and computable data formats where
23
feasible;
24
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(8) is easily usable by health care providers in
1
multiple countries and facilitates the exchange of
2
both structured and unstructured electronic health
3
information; and
4
(9) can be used in multiple environments, such
5
as across computers, laptops, mobile devices, in-
6
stances where there is low internet bandwidth, and
7
when in contested environments.
8
(f) PLAN.—
9
(1) IN
GENERAL.—Not later than 180 days
10
after the date of the enactment of this Act, the Sec-
11
retary shall submit to the Committees on Armed
12
Services of the Senate and the House of Representa-
13
tives a plan for establishing the platform.
14
(2) ELEMENTS.—The plan submitted under
15
paragraph (1) shall include the following elements:
16
(A) The proposed list of the medical facili-
17
ties within the Indo-Pacific area of responsi-
18
bility at which the first iteration of the platform
19
may be used.
20
(B) A working group, including key stake-
21
holders, established to ensure the platform is in
22
pursuit of compliance under subsection (e), and
23
a strategy for managing any necessary exemp-
24
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tions from certain requirements that could oth-
1
erwise impede patient care during a crisis.
2
(C) A proposed timeline for development
3
and deployment of the platform.
4
(D) A working group established to enable
5
strategy for establishing a data governance
6
structure, a federated identity management sys-
7
tem, and a potential unique patient identifier
8
mechanism as described in subsection (e)(6).
9
(g) REPORT.—Not later than one year after the de-
10
ployment of the platform under subsection (f)(2)(C), the
11
Secretary shall submit to the Committees on Armed Serv-
12
ices of the Senate and the House of Representatives a re-
13
port on the performance of the platform and recommenda-
14
tions on further refinement and utility of the platform.
15
The report shall specifically assess the platform’s effective-
16
ness in addressing known interoperability gaps, avoiding
17
blocking information as mandated by the Cures Act, ac-
18
commodating civilian partner integrations under HIPAA,
19
and overcoming cybersecurity challenges identified in rel-
20
evant Department of Defense studies.
21
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Subtitle D—Reports and Other
1
Matters
2
SEC. 761. REVIEW OF CHAPERONE POLICIES WITHIN FA-
3
CILITIES OF THE DEFENSE HEALTH AGENCY.
4
(a) REVIEW.—Not later than 60 days after the date
5
of the enactment of this Act, the Director of the Defense
6
Health Agency shall review the compliance by all facilities
7
of the Defense Health Agency with chaperone policies re-
8
quired by the policy memorandum of the Defense Health
9
Agency dated December 15, 2025, and titled ‘‘Chap-
10
erones/Standbys within Defense Health Agency Facilities’’
11
(DHA–Policy Memorandum 25–020).
12
(b) FACILITIES IN NONCOMPLIANCE.—In carrying
13
out the review under subsection (a), the Director shall—
14
(1) identify facilities that are not in compliance
15
with the memorandum specified in such paragraph;
16
and
17
(2) not later than seven days after identifying
18
a facility under paragraph (1), submit to Congress
19
resources necessary to verify such compliance.
20
(c) REPORT.—Not later than 180 days after the date
21
of the enactment of this Act, the Director shall submit
22
to the Committees on Armed Services of the Senate and
23
the House of Representatives a report containing the fol-
24
lowing:
25
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(1) The findings of the review under subsection
1
(a).
2
(2) A detailed plan outlining steps the Director
3
has taken or will take pursuant to such review, in-
4
cluding a timeline for completion of such steps.
5
(3) An evaluation of resourcing constraints of
6
the Defense Health Agency in ensuring compliance
7
with the memorandum specified under such sub-
8
section.
9
(4) A detailed plan outlining additional formal-
10
ized guidance with respect to the provision of chap-
11
erones for sensitive medical examinations to be pro-
12
vided through policy instructions of the Defense
13
Health Agency.
14
(5) A mechanism for monitoring the effective-
15
ness of the policies contained within such memo-
16
randum on an ongoing basis, to include establishing
17
routine inspections and collecting data to assess
18
compliance by facilities of the Defense Health Agen-
19
cy with such memorandum.
20
(6) An assessment of how existing law affects
21
the provision of chaperones for sensitive medical ex-
22
aminations.
23
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(7) Recommendations for changes to relevant
1
law to more effectively implement the policies con-
2
tained within such memorandum.
3
SEC. 762. UNFUNDED PRIORITIES REPORT OF THE DE-
4
FENSE HEALTH AGENCY.
5
(a) ANNUAL REPORT.—Not later than 10 days after
6
the date on which the budget of the President for a fiscal
7
year is submitted to Congress pursuant to section 1105
8
of title 31, United States Code, the Director of the De-
9
fense Health Agency shall submit to the Secretary of De-
10
fense, the Chairman of the Joint Chiefs of Staff, and the
11
congressional defense committees a report on the un-
12
funded priorities of the Defense Health Agency.
13
(b) ELEMENTS.—Each report required under sub-
14
section (a) shall specify, for each unfunded priority cov-
15
ered by such report, the following:
16
(1) A summary description of such priority, in-
17
cluding the objectives outlined in the national de-
18
fense strategy required under section 113(g) of title
19
10, United States Code, and the National Military
20
Strategy required under section 153(b) of such title
21
to be advanced if such priority is funded (whether
22
in whole or in part).
23
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(2) The additional amount of funds rec-
1
ommended in connection with the objectives under
2
paragraph (1).
3
(3) Account information with respect to such
4
priority, including the following (as applicable):
5
(A) Line Item Number (LIN) for applica-
6
ble procurement accounts.
7
(B) Program Element (PE) number for
8
applicable research, development, test, and eval-
9
uation accounts.
10
(C) Sub-activity group (SAG) for applica-
11
ble operation and maintenance accounts.
12
(4) A detailed assessment of each specific risk
13
that would be reduced in executing the national de-
14
fense strategy required under section 113(g) of title
15
10, United States Code, and the National Military
16
Strategy required under section 153(b) of such title
17
if such priority is funded (whether in whole or in
18
part).
19
(5) The requirement to be addressed by the un-
20
funded priority.
21
(6) The reason funding for the priority was not
22
included in the budget of the President.
23
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(7) A description of any funding provided for
1
the requirement for the current and preceding fiscal
2
year.
3
(8) An assessment of the effect that providing
4
funding for the priority would have on the future-
5
years defense program submitted to Congress under
6
section 221 of title 10, United States Code.
7
(c) PRIORITIZATION OF PRIORITIES.—Each report
8
required under subsection (a) shall present the unfunded
9
priorities covered by such report as follows:
10
(1) In overall order of urgency of priority ac-
11
cording to the amount of risk reduced.
12
(2) In overall order of urgency of priority
13
among unfunded priorities (other than covered mili-
14
tary construction projects).
15
(3) In overall order of urgency of priority
16
among covered military construction projects.
17
(d) SUNSET.—This section shall terminate on the
18
date that is five years after the date of the enactment of
19
this Act.
20
(e) DEFINITIONS.—In this section:
21
(1)
COVERED
MILITARY
CONSTRUCTION
22
PROJECT.—The term ‘‘covered military construction
23
project’’, with respect to a fiscal year, means a mili-
24
tary construction project that—
25
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(A) is included in any fiscal year of the fu-
1
ture-years defense program under section 221
2
of title 10, United States Code, that is sub-
3
mitted in connection with the budget of the
4
President for the fiscal year and is executable
5
in the fiscal year; or
6
(B) is considered by the commander of a
7
combatant command to be an urgent need and
8
is executable in the fiscal year.
9
(2) UNFUNDED
PRIORITY.—The term ‘‘un-
10
funded priority’’, with respect to a fiscal year, means
11
a program, activity, or mission requirement, includ-
12
ing a covered military construction project, that—
13
(A) is not funded in the budget of the
14
President for the fiscal year as submitted to
15
Congress pursuant to section 1105 of title 31,
16
United States Code;
17
(B) is necessary to fulfill a requirement as-
18
sociated with an operational or contingency
19
plan of a combatant command or other vali-
20
dated requirement; and
21
(C) would have been recommended for
22
funding through the budget specified in sub-
23
paragraph (A) by the officer submitting the re-
24
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port required by subsection (a) in connection
1
with the budget if—
2
(i) additional resources had been
3
available for the budget to fund the pro-
4
gram, activity, or mission requirement; or
5
(ii) the program, activity, or mission
6
requirement had emerged before the budg-
7
et was formulated.
8
SEC. 763. EVALUATION OF CERTAIN RESEARCH RELATED
9
TO MENOPAUSE, PERIMENOPAUSE, OR MID-
10
LIFE WOMEN’S HEALTH.
11
(a) IN GENERAL.—The Secretary of Defense shall
12
evaluate—
13
(1) the results of completed research related to
14
menopause, perimenopause, or mid-life women’s
15
health among women who are members of the
16
Armed Forces;
17
(2) the status of such research that is ongoing;
18
(3) any gaps in knowledge and research on—
19
(A)
treatments
for
menopause-related
20
symptoms, including hormone and non-hormone
21
treatments;
22
(B) the safety and effectiveness of treat-
23
ments for menopause-related symptoms;
24
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(C) the relation of service in the Armed
1
Forces to perimenopause and menopause and
2
the impact of such service on perimenopause
3
and menopause;
4
(D) the effect of combat roles on symp-
5
toms relating to perimenopause and menopause,
6
including exposure to burn pits, toxic chemicals,
7
and perfluoroalkyl and polyfluoroalkyl sub-
8
stances (commonly known as ‘‘PFAS’’); and
9
(E) the impact of perimenopause and
10
menopause on the mental health of women who
11
are members of the Armed Forces;
12
(4) the availability of and uptake of professional
13
training resources for covered providers relating to
14
mid-life women’s health with respect to the care,
15
treatment, and management of perimenopause and
16
menopausal symptoms, and related support services;
17
and
18
(5) the availability of and uptake of treatments
19
for women who are members of the Armed Forces
20
who are experiencing perimenopause or menopause.
21
(b) REPORT; STRATEGIC PLAN.—Not later than Jan-
22
uary 31, 2028, the Secretary shall submit to the Commit-
23
tees on Armed Services of the Senate and the House of
24
Representatives a report containing—
25
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(1) the findings of the evaluation conducted
1
under subsection (a);
2
(2) recommendations for improving professional
3
training resources described in subsection (a)(4) for
4
covered providers; and
5
(3) a strategic plan that—
6
(A) resolves the gaps in knowledge and re-
7
search identified in the report; and
8
(B) identifies topics in need of further re-
9
search relating to potential treatments for
10
menopause-related symptoms of women who are
11
members of the Armed Forces.
12
(c) NONDUPLICATION AND SUPPLEMENTATION OF
13
EFFORTS.—In carrying out activities under this section,
14
the Secretary shall ensure that such activities minimize
15
duplication and supplement, not supplant, existing infor-
16
mation-sharing efforts with the Department of Veterans
17
Affairs and the Department of Health and Human Serv-
18
ices.
19
(d) DEFINITIONS.—In this section:
20
(1) COVERED PROVIDER.—The term ‘‘covered
21
provider’’ means a health care provider employed by
22
the Department of Defense.
23
(2)
MENOPAUSE.—The
term
‘‘menopause’’
24
means the stage of a woman’s life—
25
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(A) when menstrual periods stop perma-
1
nently and she can no longer get pregnant; and
2
(B) that is not a disease state, but a nor-
3
mal part of aging for women.
4
(3) MID-LIFE.—The term ‘‘mid-life’’ means a
5
life stage that—
6
(A) coincides with the menopausal transi-
7
tion in women, which may be physical or emo-
8
tional;
9
(B) encompasses the late reproductive age,
10
which can begin at approximately 35 years of
11
age, to the late postmenopausal stages of repro-
12
ductive aging, which can extend to approxi-
13
mately 65 years of age; and
14
(C) often marks the onset of many chronic
15
diseases.
16
(4)
PERIMENOPAUSE.—The
term
17
‘‘perimenopause’’ means the time during a woman’s
18
life when levels of the hormone estrogen fall un-
19
evenly in a woman’s body and is also called the men-
20
opausal transition.
21
(5)
POSTMENOPAUSAL.—The
term
‘‘post-
22
menopausal’’ means the stage of a woman’s life after
23
a woman has been without a menstrual period for 12
24
months that lasts for the rest of a woman’s life and
25
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reflects a time when women are at increased risk for
1
osteoporosis and heart disease.
2
SEC. 764. NOTIFICATION OF MATERIAL FAILURE AT MILI-
3
TARY MEDICAL TREATMENT FACILITIES AF-
4
FECTING PATIENT CARE.
5
(a) IN GENERAL.—The Secretary of Defense shall
6
notify the Committees on Armed Services of the Senate
7
and the House of Representatives not later than 30 days
8
after the date on which a material failure affects patient
9
care in an operating room, critical care unit, intensive care
10
unit, or emergency department at a military medical treat-
11
ment facility.
12
(b) ELEMENTS.—Each notification under subsection
13
(a) shall include the following:
14
(1) The name and location of the military med-
15
ical treatment facility.
16
(2) A description of the operating room, critical
17
care unit, intensive care unit, or emergency depart-
18
ment affected and the scope of any shutdown.
19
(3) The reason for any shutdown, including
20
whether the shutdown is planned or unplanned.
21
(4) The date on which any shutdown began or
22
is expected to begin and the anticipated duration.
23
(5) The number and types of surgical proce-
24
dures, bed days, and encounters affected.
25
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(6) A description of mitigation measures to en-
1
sure continuity of care, including use of other mili-
2
tary medical treatment facilities or civilian providers.
3
(7) An assessment of the impact on patient
4
safety and access to care.
5
(8) The cost and funding source of any needed
6
repairs and maintenance.
7
(c) BRIEFING REQUIRED.—Not later than May 1,
8
2027, and not less frequently than quarterly thereafter for
9
the following three years, the Secretary shall provide to
10
the Committees on Armed Services of the Senate and the
11
House of Representatives a briefing on—
12
(1) for the period covered by the briefing, the
13
aggregated data on notifications provided under sub-
14
section (a);
15
(2) the funding and source of funding available
16
to mitigate material failures in military medical
17
treatment facilities; and
18
(3)
such
recommendations
for
legislative
19
changes or other pertinent matters as the Secretary
20
considers appropriate.
21
SEC. 765. STUDY ON MILITARY HEALTH SYSTEM.
22
(a) STUDY.—
23
(1) IN
GENERAL.—Not later than June 1,
24
2027, the Secretary of Defense shall seek to enter
25
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into a contract or other agreement with a federally
1
funded research and development center pursuant to
2
which the center shall carry out a study on the mili-
3
tary health system.
4
(2) ELEMENTS.—The study required under
5
paragraph (1) shall include—
6
(A) an analysis of the sufficiency of the
7
military health system—
8
(i) to provide combat casualty care
9
and force health protection to ensure the
10
preservation of the joint force;
11
(ii) to achieve its goals of ensuring the
12
health and fitness of members of the
13
Armed Forces;
14
(iii) to meet the needs of the combat-
15
ant commands in a large scale combat op-
16
eration;
17
(iv) to conduct pandemic response;
18
(v) through military and civilian med-
19
ical doctors and other health care providers
20
and administrators, to provide forward-de-
21
ployed medical care during sustained
22
armed conflict; and
23
(vi) to provide a world-class health
24
care benefit to members of the Armed
25
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Forces, former members of the Armed
1
Forces, and their dependents.
2
(B) an in-depth analysis of future options
3
for the military health system, including—
4
(i) maintaining the TRICARE pro-
5
gram with its structure as of the date of
6
the enactment of this Act using large man-
7
aged care support contractors offering pro-
8
vider networks under the military health
9
system;
10
(ii) creating a marketplace of plans
11
under the TRICARE program analogous
12
to the Federal Employee Health Benefit
13
Plan under chapter 89 of title 5, United
14
States Code;
15
(iii) eliminating large managed care
16
support contracts and requiring health
17
care providers to accept beneficiaries en-
18
rolled in the TRICARE program as a con-
19
dition of participating in the Medicare pro-
20
gram under title XVIII of the Social Secu-
21
rity Act (42 U.S.C. 1395 et seq.) or di-
22
rectly establishing a network of providers
23
without the use of a managed care support
24
contractor;
25
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(iv) the integration of the military
1
health system managed care support con-
2
tract with the community care model of
3
the Department of Veterans Affairs; and
4
(v) any other viable model for health
5
coverage that accomplishes the goals in
6
subparagraph (A); and
7
(C) recommendations for the future of the
8
military health system, including policy and
9
statutory changes.
10
(b) REQUIREMENTS.—Each option assessed under
11
subsection (a)(2)(B) shall include—
12
(1) an analysis of the viability of incorporating
13
such option into the direct care system of health
14
care facilities and providers of the Department of
15
Defense, and any possible risks to the effectiveness
16
of such direct care system;
17
(2) cost assessments; and
18
(3) the application of game theory and other
19
strategic analytical methods to model and assess the
20
anticipated behavior and incentives of key stake-
21
holders, including health care providers, bene-
22
ficiaries, managed care contractors, and Federal
23
health programs, under such option.
24
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(c) REPORT TO SECRETARY.—The federally funded
1
research and development center that carries out the study
2
under subsection (a) shall submit to the Secretary of De-
3
fense a report on the results of such study.
4
(d) REPORTS AND BRIEFINGS TO CONGRESS.—Not
5
later than March 1, 2028, the Secretary of Defense
6
shall—
7
(1) submit to the Committees on Armed Serv-
8
ices of the Senate and the House of Representatives
9
an unaltered copy of the report received by the Sec-
10
retary under subsection (c), which shall include—
11
(A) a detailed explanation of the strategy,
12
methodology, assumptions, and economic anal-
13
ysis used to conduct the study under subsection
14
(a), including any force shaping constructs, sce-
15
narios, and assumptions used as a part of such
16
study; and
17
(B) an assessment of operational risk
18
based on the risk management classifications of
19
the Chairman of the Joint Chiefs of Staff set
20
forth in the Joint Risk Analysis and Method-
21
ology on October 12, 2021 (Joint Staff Manual
22
3105.01A), or successor manual; and
23
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(2) provide to the Committees on Armed Serv-
1
ices of the Senate and the House of Representatives
2
a briefing on the results of such study.
3
SEC. 766. ESTABLISHMENT OF WARFIGHTER PERFORM-
4
ANCE
OPTIMIZATION
INITIATIVE,
TOTAL
5
FORCE FITNESS.
6
(a) IN GENERAL.—The Secretary of Defense, in con-
7
sultation with the Secretaries concerned, shall establish a
8
comprehensive initiative for warfighter performance opti-
9
mization to be known as the ‘‘Warfighter Performance Op-
10
timization Initiative’’ (in this section referred to as the
11
‘‘Initiative’’), within which the Total Force Fitness (TFF)
12
program shall serve as the foundational framework for im-
13
proving readiness, resilience, and lethality across the
14
Armed Forces. The Initiative shall be housed under the
15
Assistant Secretary of Defense for Health Affairs.
16
(b) DEFINITIONS.—
17
(1) WARFIGHTER
PERFORMANCE
OPTIMIZA-
18
TION; WPO.—The terms ‘‘Warfighter Performance
19
Optimization’’and ‘‘WPO’’ mean a Department-wide
20
initiative to integrate human performance, safety,
21
and resilience programs into a unified strategy that
22
enhances readiness and lethality.
23
(2) TOTAL FORCE FITNESS.—The term ‘‘Total
24
Force Fitness’’ means the leadership-driven program
25
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nested within WPO that optimizes human perform-
1
ance through proactive, holistic approaches across
2
interconnected domains of fitness, including the fol-
3
lowing activities:
4
(A) PHYSICAL FITNESS.—Activities to re-
5
duce musculoskeletal injuries, accelerate reha-
6
bilitation, improve nutrition and sleep, and
7
mitigate occupational and environmental expo-
8
sures.
9
(B) PSYCHOLOGICAL
AND
SOCIAL
FIT-
10
NESS.—Activities to strengthen resilience, re-
11
duce stress injuries, prevent suicides and sub-
12
stance abuse, and enhance peer and family sup-
13
port.
14
(C) SPIRITUAL FITNESS.—Activities to fos-
15
ter meaning, ethical decision-making, and resil-
16
ience under combat and operational stress.
17
(D) COGNITIVE FITNESS.—Activities to en-
18
hance decision-making, adaptability, memory,
19
and problem-solving under operational condi-
20
tions, supported by evidence-based training and
21
emerging technologies.
22
(c) OBJECTIVES.—The objectives of the Initiative are
23
as follows:
24
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(1) Improve overall health, readiness, resilience,
1
and lethality of service members.
2
(2) Reduce musculoskeletal injuries and accel-
3
erate rehabilitation timelines.
4
(3) Enhance warfighter performance in nutri-
5
tion, sleep, financial literacy, conflict resolution,
6
stress management, and life skills.
7
(4) Reduce incidence of harmful behaviors.
8
(5) Advance cognitive readiness through meas-
9
urable improvements in decision-making, adapt-
10
ability, and operational effectiveness.
11
(d) QUARTERLY REPORTING.—Not later than 90
12
days after the date of the enactment of this Act, and every
13
90 days thereafter for three years, the Secretary of De-
14
fense shall submit a report to Congress on the implemen-
15
tation and effectiveness of the Initiative.
16
(e) SECRETARY CONCERNED DEFINED.—In this sec-
17
tion, the term ‘‘Secretary concerned’’ has the meaning
18
given that term in section 101 of title 10, United States
19
Code.
20
SEC. 767. MILITARY FAMILY LIMB LOSS AND LIMB DIF-
21
FERENCE SUPPORT PROGRAM.
22
(a) ESTABLISHMENT.—Beginning in fiscal year
23
2028, the Secretary of Defense shall establish a program,
24
to be known as the ‘‘Military Family Limb Loss and Limb
25
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Difference Support Program’’ (in this section referred to
1
as the ‘‘Program’’), to augment the holistic rehabilitative
2
care for covered beneficiaries with limb loss or limb dys-
3
function through peer mentoring, education, and commu-
4
nity outreach.
5
(b) ACTIVITIES.—The Program shall include—
6
(1) peer mentorship and family support serv-
7
ices;
8
(2) education related to limb loss care and serv-
9
ices;
10
(3) community reintegration supports;
11
(4) coordination of non-clinical resources;
12
(5) outreach and awareness activities; and
13
(6) such other activities as the Secretary con-
14
siders appropriate.
15
(c) PARTNERSHIPS.—In carrying out the Program,
16
the Secretary may enter into a cooperative agreement or
17
contract with one or more organizations that have dem-
18
onstrated experience in carrying out the activities de-
19
scribed in subsection (b) in virtual or in-person settings
20
to support individuals with limb loss or limb difference,
21
including individuals belonging to pediatric, military, or
22
veteran populations.
23
(d) IMPLEMENTATION PLAN.—Not later than 180
24
days after the date of the enactment of this Act, the Sec-
25
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retary shall submit to the Committees on Armed Services
1
of the Senate and the House of Representatives a plan
2
for implementing the Program that—
3
(1) describes the process for selecting and en-
4
tering into cooperative agreements or contracts with
5
organizations under subsection (c);
6
(2) estimates the costs and staffing needs of
7
implementing the Program;
8
(3) assesses the extent to which existing re-
9
sources and programs of the Department of Defense
10
can support the Program;
11
(4) includes performance metrics the Secretary
12
will use to evaluate the effectiveness of the Program;
13
and
14
(5) requires integration of the Program with re-
15
search efforts of the military health system to im-
16
prove healthcare quality, access and outcomes for
17
members of the Armed Forces and their families.
18
(e) REPORTS REQUIRED.—Not later than one year
19
after the date on which the Program is implemented, and
20
annually for three years thereafter, the Secretary shall
21
submit to the Committees on Armed Services of the Sen-
22
ate and the House of Representatives a report that in-
23
cludes, for the year preceding submission of the report—
24
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(1) the number and demographics characteris-
1
tics of covered beneficiaries served by the Program;
2
(2) a description of services provided and part-
3
nerships established under the Program;
4
(3) an assessment of gaps in services or geo-
5
graphic coverage of the Program; and
6
(4) recommendations for legislative or adminis-
7
trative action to improve support for military fami-
8
lies affected by limb loss or limb difference.
9
(f) COVERED BENEFICIARY DEFINED.—In this sec-
10
tion, the term ‘‘covered beneficiary’’ means—
11
(1) an individual who has experienced limb loss
12
or limb difference; and
13
(2) is—
14
(A) a dependent of a member or retired
15
member of the Armed Forces; or
16
(B) otherwise eligible for health care under
17
chapter 55 of title 10, United States Code, as
18
determined appropriate by the Secretary.
19
SEC. 768. BRIEFING ON PRIMARY CARE PROVIDED AT MILI-
20
TARY MEDICAL TREATMENT FACILITIES ON
21
INSTALLATIONS OF THE AIR FORCE.
22
(a) BRIEFING.—Not later than 180 days after the
23
date of the enactment of this Act, the Director of the De-
24
fense Health Agency, in consultation with the Secretary
25
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of the Air Force, shall provide to the Committees on
1
Armed Services of the Senate and the House of Represent-
2
atives a briefing that contains—
3
(1) an assessment of the force mix of active
4
duty and civilian medical providers at military med-
5
ical treatment facilities located on installations of
6
the Air Force; and
7
(2) an accompanying plan to address any pri-
8
mary care shortfalls that could result from a mobili-
9
zation of the Air Force for military operations, par-
10
ticularly in locations that are remote or medically
11
underserved.
12
(b) BRIEFING COMPONENTS.—The briefing required
13
under subsection (a) shall include, at a minimum, the fol-
14
lowing:
15
(1) A plan of action for each military medical
16
treatment facility at which a primary care shortfall
17
is identified under such subsection—
18
(A) to improve access to, and the quality
19
of, primary care for members of the Armed
20
Forces and their families by creating a sup-
21
portive, team-based clinical environment;
22
(B) to enhance recruitment and retention
23
of qualified medical personnel of the Depart-
24
ment of Defense, including physicians, nurse
25
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practitioners, physician assistants, registered
1
nurses, mental health nurse practitioners, li-
2
censed practical nurses, and medical assistants;
3
and
4
(C) to increase the medical readiness of
5
the Armed Forces through improved health out-
6
comes, proactive health management, and en-
7
suring health care providers of the Department
8
maintain clinical skills.
9
(2) Recommendations on the most effective use
10
of—
11
(A) hiring authorities, including temporary
12
excepted service appointments and direct hire
13
authorities, consistent with applicable law and
14
regulations;
15
(B) recruitment, relocation, and retention
16
incentives, such as student loan repayment pro-
17
grams for certain highly qualified civilian can-
18
didates; and
19
(C) appropriate licensing and credentialing
20
flexibilities and authorities.
21
(3) A description of objectives and quality
22
metrics, including the number of providers hired and
23
retained, patient load, patient wait times for ap-
24
pointments, and other information as determined ap-
25
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propriate by the Director of the Defense Health
1
Agency and the Secretary of the Air Force.
2
(4) An assessment of the feasibility and advis-
3
ability of conducting a pilot program under which
4
the Air Force Medical Service hires civilian health
5
care workers to support the operational require-
6
ments of military medical treatment facilities de-
7
scribed in subsection (a).
8
SEC. 769. ASSESSMENT OF ACCESS, FAIRNESS, AND TRANS-
9
PARENCY UNDER TRICARE PHARMACY BENE-
10
FITS PROGRAM.
11
(a) COMPTROLLER GENERAL AUDIT.—Not later than
12
one year after the date of the enactment of this Act, and
13
not later than one year after the effective date of the first
14
new contract or agreement entered into by the Secretary
15
of Defense for the administration of the pharmacy benefits
16
program after such date of enactment, the Comptroller
17
General of the United States shall—
18
(1) conduct an audit of—
19
(A) data reported by the contractor re-
20
sponsible for the administration of the phar-
21
macy benefits program relating to—
22
(i) rates of reimbursement and any
23
price concessions, including direct and in-
24
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direct remuneration fees, bonuses, and
1
clawbacks;
2
(ii) any discrepancies between average
3
reimbursements to various types of phar-
4
macies disaggregated by retail, mail order,
5
specialty pharmacies, and any pharmacy
6
owned by or affiliated with such con-
7
tractor; and
8
(iii) the difference between what the
9
contractor charges the TRICARE program
10
for a pharmaceutical agent and what the
11
contractor pays to pharmacies for the same
12
pharmaceutical agent, disaggregated by re-
13
tail, mail order, and specialty pharmacies;
14
(B) prior authorizations required by the
15
TRICARE program for prescription drug treat-
16
ments and services;
17
(C) the timeliness of dispensing prescrip-
18
tion drugs from the various types of phar-
19
macies, disaggregated by retail, mail order, and
20
specialty pharmacies; and
21
(D) the adequacy of the retail pharmacy
22
network under the TRICARE program and ac-
23
cess by eligible covered beneficiaries to such
24
network, including with respect to continuity of
25
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care, geographic accessibility (taking into ac-
1
count factors in addition to travel time to and
2
from a pharmacy, with special consideration for
3
rural and underserved areas), and the extent to
4
which elections by such beneficiaries reflect per-
5
sonal preference; and
6
(2) submit the results of such audit to the
7
Committees on Armed Services of the Senate and
8
the House of Representatives.
9
(b) ACCESS TO INFORMATION.—
10
(1) IN GENERAL.—The Secretary, as a condi-
11
tion of any contract entered into for the administra-
12
tion of the pharmacy benefits program, and notwith-
13
standing any other provision of law, or any contract,
14
subcontract, agreement, or confidentiality provision
15
to the contrary, shall ensure that the contractor pro-
16
vides the Comptroller General full access to any in-
17
formation the Comptroller General determines nec-
18
essary to conduct the audit under subsection (a)(1)
19
not later than 30 days after the request for such in-
20
formation by the Comptroller General.
21
(2) INFORMATION TO BE INCLUDED.—Informa-
22
tion required under paragraph (1) shall include the
23
following:
24
(A) Claims-level data.
25
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(B) Information on reimbursement meth-
1
odologies and payment rates.
2
(C) An identification of all price conces-
3
sions, including rebates, fees, discounts, and re-
4
muneration of any kind from manufacturers,
5
pharmacies, or other entities.
6
(D) Information on amounts charged to
7
the Department of Defense and amounts paid
8
to pharmacies for the same drug.
9
(E) An identification of contracts, sub-
10
contracts, and other arrangements with manu-
11
facturers, pharmacies, or third parties relevant
12
to the administration of the pharmacy benefits
13
program.
14
(3) PROHIBITION ON WITHHOLDING OF INFOR-
15
MATION.—Information required to be provided under
16
this paragraph may not be withheld, redacted, or
17
limited on the basis of claims relating to proprietary
18
information, trade secrets, or confidential commer-
19
cial information, except that the Comptroller Gen-
20
eral shall protect such information from public dis-
21
closure in accordance with applicable law.
22
(4) FORM, DETAIL, AND
FREQUENCY.—The
23
Comptroller General may determine the form, level
24
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of detail, and frequency of data submissions required
1
under paragraph (1).
2
(5) TREATMENT AS BREACH.—Failure to pro-
3
vide information required under this subsection shall
4
constitute a material breach of contract.
5
(c) ASSESSMENT OF IMPACT.—If the audit conducted
6
under subsection (a)(1) finds that reimbursement rates
7
paid to retail pharmacies under the pharmacy benefits
8
program are, on average or in a systemic manner, less
9
than the documented acquisition cost to such pharmacies
10
for outpatient prescription drugs covered by such audit,
11
the Comptroller General shall include with the results of
12
such audit submitted under subsection (a)(1) an assess-
13
ment of the impact of such reimbursement rates on retail
14
pharmacy participation, beneficiary access, network ade-
15
quacy, and continuity of care.
16
(d) ACCESS METRICS.—In conducting oversight of
17
the pharmacy benefit program, the Secretary of Defense
18
shall ensure that measures of access to such program in-
19
clude—
20
(1) continuity of care and beneficiary pref-
21
erence, including the ability of beneficiaries to re-
22
main with their pharmacy of choice; and
23
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(2) meaningful geographic access standards be-
1
yond drive-time calculations, with special consider-
2
ation for rural and underserved areas.
3
(e) REPORT.—Not later than 90 days after the date
4
of the enactment of this Act, the Secretary of Defense
5
shall submit to the congressional defense committees a
6
plan for the implementation of this section.
7
(f) APPLICABILITY TO EXISTING CONTRACTS.—
8
(1) IN GENERAL.—This section shall apply to
9
any contract, agreement, or other arrangement in ef-
10
fect on or after the date of the enactment of this
11
Act, including any contract, agreement, or arrange-
12
ment entered into before such date.
13
(2) MODIFICATION OF CONTRACTS.—Not later
14
than 90 days after the date of the enactment of this
15
Act, the Secretary of Defense shall modify any exist-
16
ing contract or agreement as necessary to ensure
17
compliance with the requirements of this section.
18
(3)
LIMITATION
ON
EXTENSION
OR
RE-
19
NEWAL.—The Secretary may not exercise any option
20
to extend or renew an existing contract or agreement
21
for the administration of the pharmacy benefits pro-
22
gram unless the contractor is in full compliance with
23
the requirements of this section.
24
(g) DEFINITIONS.—In this section:
25
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(1) ELIGIBLE COVERED BENEFICIARY; PHARMA-
1
CEUTICAL AGENT; PRESCRIPTION DRUG.—The terms
2
‘‘eligible
covered
beneficiary’’,
‘‘pharmaceutical
3
agent’’, and ‘‘prescription drug’’ have the meanings
4
given those terms in section 1074g of title 10,
5
United States Code.
6
(2) PHARMACY BENEFITS PROGRAM.—The term
7
‘‘pharmacy benefits program’’ means the pharmacy
8
benefit program of the TRICARE program under
9
section 1074g of title 10, United States Code.
10
(3)
TRICARE
PROGRAM.—The
term
11
‘‘TRICARE program’’ has the meaning given that
12
term in section 1072 of title 10, United States Code.
13
SEC. 770. COMPTROLLER GENERAL REVIEW OF INFLUENZA
14
VACCINE REQUIREMENTS OF DEPARTMENT
15
OF DEFENSE.
16
(a) IN GENERAL.—The Comptroller General of the
17
United States shall conduct a review of the influenza vac-
18
cine requirements of the Department of Defense and the
19
considerations that led to recent policy changes with re-
20
spect to such requirements as of the date of the enactment
21
of this Act.
22
(b) ELEMENTS.—The review required under sub-
23
section (a) shall include the following:
24
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(1) A description of previous and current influ-
1
enza vaccination requirements, as of the date of the
2
enactment of this Act, described in—
3
(A) Department of Defense Instruction
4
6205.02 relating to the Department of Defense
5
Immunization Program;
6
(B) updated guidance on influenza vaccina-
7
tion issued by the Secretary of Defense in an
8
April 20, 2026, memorandum; and
9
(C) relevant implementing guidance for
10
any such requirements or guidance.
11
(2) An analysis of any risks, benefits, or other
12
matters considered by the Secretary of Defense with
13
respect to the updated guidance specified in para-
14
graph (1)(B).
15
(3) The impact of such updated guidance on
16
the ability of the Department to meet medical readi-
17
ness goals established in Department of Defense In-
18
struction 6025.19 relating to the Individual Medical
19
Readiness Program.
20
(4) Such other matters as the Comptroller Gen-
21
eral determines relevant.
22
(c) BRIEFING.—Not later than September 30, 2027,
23
the Comptroller General shall provide to the Committees
24
on Armed Services of the Senate and the House of Rep-
25
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resentatives a briefing on the results of the review con-
1
ducted under subsection (a), with a report to follow at a
2
mutually agreed upon time and in a mutually agreed upon
3
format.
4
TITLE VIII—ACQUISITION POL-
5
ICY, ACQUISITION MANAGE-
6
MENT, AND RELATED MAT-
7
TERS
8
Subtitle A—Acquisition Policy and
9
Management
10
SEC. 801. MULTI-YEAR PROCUREMENT FOR CERTAIN MUNI-
11
TIONS.
12
(a) IN GENERAL.—Subject to section 3501 of title
13
10, United States Code, the head of an agency is author-
14
ized to enter into one or more multi-year contracts, begin-
15
ning in fiscal year 2027, for the procurement of any of
16
the following systems:
17
(1) Joint Strike Missile (JSM) systems (and
18
products, services, and logistics support associated
19
with JSM systems or a subsystem that performs a
20
critical function of the missile system).
21
(2) Naval Strike Missile (NSM) systems (and
22
products, services, and logistics support associated
23
with NSM systems, including systems procured for
24
the Navy Marine Expeditionary Ship Interdiction
25
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System (NMESIS), or a subsystem that performs a
1
critical function of the missile system).
2
(3) Precision Strike Missile (PrSM) systems
3
(and products, services, and logistics support associ-
4
ated with PrSM systems or a subsystem that per-
5
forms a critical function of the missile system).
6
(4) Mk 48 Heavyweight Torpedo (Mk 48) sys-
7
tems (and products, services, and logistics support
8
associated with Mk48 systems or a subsystem that
9
performs a critical function of the torpedo system).
10
(5) Mk 54 Lightweight Torpedo (Mk 54) sys-
11
tems (and products, services, and logistics support
12
associated with Mk54 systems or a subsystem that
13
performs a critical function of the torpedo system).
14
(6) Clandestine-Delivered Mine, Quickstrike
15
Mine, and Hammerhead Mine systems (and prod-
16
ucts, services, and logistics support associated with
17
Clandestine-Delivered Mine, Quickstrike Mine, and
18
Hammerhead Mine systems or a subsystem that per-
19
forms a critical function of the mine system).
20
(7) Joint Direct Attack Munition (JDAM) sys-
21
tems (and products, services, and logistics support
22
associated with JDAM systems or a subsystem that
23
performs a critical function of the munition system).
24
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(8) Guided Multiple Launch Rocket System
1
(GMLRS) systems (and products, services, and lo-
2
gistics support associated with GMLRS systems or
3
a subsystem that performs a critical function of the
4
munition system).
5
(9) 6.8mm ammunition (and products, services,
6
and logistics support associated with 6.8mm ammu-
7
nition that performs a critical function of the muni-
8
tion system).
9
(10) Advanced Precision Kill Weapon System
10
(APKWS) (AGR-20 A/B) systems (and products,
11
services, and logistics support associated with
12
APKWS systems or a subsystem that performs a
13
critical function of the munition system).
14
(11) Fixed-Wing, Air Launched, Counter-Un-
15
manned Aircraft Systems Ordnance (FALCO)
16
(AGR-20F) systems (and products, services, and lo-
17
gistics support associated with FALCO systems or a
18
subsystem that performs a critical function of the
19
munition system).
20
(12) Small Diameter Bomb II (SDB II) sys-
21
tems (and products, services, and logistics support
22
associated with SDB II systems or a subsystem that
23
performs a critical function of the munition system).
24
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(13) Air Intercept Missile-9X (AIM-9X) sys-
1
tems (and products, services, and logistics support
2
associated with JDAM systems or a subsystem that
3
performs a critical function of the munition system).
4
(14) Javelin CLU (Command Launch Unit)
5
systems (and products, services, and logistics sup-
6
port associated with Javelin CLU systems or a sub-
7
system that performs a critical function of the
8
launch unit system).
9
(15) FGM-148 Javelin systems (and products,
10
services, and logistics support associated with Jav-
11
elin systems or a subsystem that performs a critical
12
function of the munition system).
13
(16) Coyote Block 2C interceptor systems (and
14
products, services, and logistics support associated
15
with Coyote systems or a subsystem that performs
16
a critical function of the munition system).
17
(17) Sonobuoys, inclusive of SSQ- 36, SSQ-53,
18
SSQ-62, SSQ-101, SSQ1125, systems (and prod-
19
ucts, services, and logistics support associated with
20
Sonobuoys systems or a subsystem that performs a
21
critical function of the sonobuoy system).
22
(18) RIM-162 Evolved Sea Sparrow Missile
23
(ESSM) systems (and products, services, and logis-
24
tics support associated with ESSM systems or a
25
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subsystem that performs a critical function of the
1
munition system).
2
(19) RIM-116 Rolling Airframe Missile (RAM)
3
systems (and products, services, and logistics sup-
4
port associated with RAM systems or a subsystem
5
that performs a critical function of the munition sys-
6
tem).
7
(b) PROCUREMENT IN CONJUNCTION WITH EXIST-
8
ING CONTRACTS.—The systems and subsystems described
9
in subsection (a) may be procured through modifications
10
or extensions to any existing contract for such systems
11
and subsystems.
12
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
13
head of an agency may enter into one or more contracts
14
for advance procurement, beginning in fiscal year 2027,
15
associated with a system or subsystem described in sub-
16
section (a) for which authorization to enter into a multi-
17
year procurement contract is provided under such sub-
18
section, which may include procurement of economic order
19
quantities of material and equipment when cost savings
20
are achievable.
21
(d) CONDITION
FOR OUT-YEAR CONTRACT PAY-
22
MENTS.—A contract entered into under subsection (a)
23
shall provide that any obligation of the United States to
24
make a payment under the contract for a fiscal year after
25
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fiscal year 2027 is subject to the availability of appropria-
1
tions for that purpose for such later fiscal year.
2
(e) HEAD OF AN AGENCY DEFINED.—In this section,
3
the term ‘‘head of an agency’’ means—
4
(1) the Secretary of Defense;
5
(2) the Secretary of the Army;
6
(3) the Secretary of the Navy; or
7
(4) the Secretary of the Air Force.
8
SEC. 802. LIMITATION ON AVAILABILITY OF FUNDS PEND-
9
ING REPORT ON AND REVISIONS OF SOFT-
10
WARE ACQUISITION PATHWAY IMPLEMENTA-
11
TION.
12
(a) LIMITATION.—Of the funds described in sub-
13
section (c), not more than 95 percent may be obligated
14
or expended until the date on which the Secretary of De-
15
fense submits the report required under subsection (b).
16
(b) REPORT.—
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 submit to the congressional defense
20
committees a report on implementation of the soft-
21
ware acquisition pathway (in this section referred to
22
as the ‘‘Software Pathway’’).
23
(2) ELEMENTS.—The report required under
24
paragraph (1) shall include the following elements:
25
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(A) The implementation plan outlined in
1
the March 6, 2025, memo by the Office of the
2
Secretary of Defense titled ‘‘Directing Modern
3
Software Acquisition to Maximize Lethality’’.
4
(B) A description of progress on the adop-
5
tion by the Department of Defense components
6
and military departments of the Software Path-
7
way as the preferred pathway for all software
8
development components of business and weap-
9
on system programs.
10
(C) A description of progress on making
11
commercial solutions openings and other trans-
12
actions authority the default solicitation and
13
contracting award approaches for acquiring ca-
14
pabilities under the Software Pathway.
15
(c) FUNDS DESCRIBED.—The funds described in this
16
subsection are funds authorized to be appropriated by this
17
Act or otherwise made available for fiscal year 2027 for
18
the Department of Defense and available for travel ex-
19
penses for the Office of the Under Secretary of Defense
20
for Acquisition and Sustainment.
21
SEC. 803. REPORT ON MULTIYEAR PROCUREMENT.
22
(a) INCLUSION OF MULTIYEAR PROCUREMENT IN
23
BUDGET JUSTIFICATION MATERIALS.—The Secretary of
24
Defense, acting through the Secretary of Defense for Ac-
25
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quisition and Sustainment and in coordination with the
1
Secretaries of the military departments and the portfolio
2
acquisition executives of each military department, shall
3
include in the budget justification materials submitted to
4
Congress in support of the Department of Defense budget
5
for the fiscal year (as submitted with the President’s
6
budget under section 1105(a) of title 31, United States
7
Code) a comprehensive report and centralized summary
8
display on critical multiyear procurement requirements for
9
that fiscal year.
10
(b) CONTENTS OF SUMMARY DISPLAY.—The central-
11
ized summary display submitted under subsection (a) shall
12
detail the multiyear procurement activities of the Depart-
13
ment of Defense and include, at a minimum, the following
14
information for each affected program:
15
(1) Each active multiyear procurement author-
16
ity currently utilized by the Department, including
17
all utilizations under $500,000,000 that require con-
18
gressional notification and all utilizations over
19
$500,000,000 that require congressional notification.
20
(2) The specific fiscal years covered by each ac-
21
tive multiyear authority.
22
(3) The total cost and annual funding incre-
23
ments allocated to each authority.
24
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(4) The annual and total production amounts,
1
if applicable, associated with each contract.
2
(5) A comprehensive list of all multiyear pro-
3
curement authorities planned for by the Department
4
over the current Future Years Defense Program
5
cycle.
6
(6) A concise description of any industrial base
7
stabilization, cost-avoidance, any efficiency benefits
8
that justifies each current or planned multiyear re-
9
quest.
10
(c) LEVERAGE EXISTING MECHANISMS.—To the ex-
11
tent possible, the Secretary of Defense shall leverage exist-
12
ing program acquisition executive mechanisms and office
13
assessment mechanisms to generate the data required by
14
this section, rather than creating new administrative of-
15
fices or entities.
16
SEC. 804. MODIFICATIONS TO TECHNICAL DATA RIGHTS.
17
(a) MODIFICATIONS
TO
RIGHTS
IN
TECHNICAL
18
DATA.—Section 3771(b) of title 10, United States Code,
19
is amended—
20
(1) in paragraph (3)(C), by inserting ‘‘, and for
21
which the United States shall have government pur-
22
pose rights, unless the Government and the con-
23
tractor negotiate different license rights’’ after
24
‘‘component)’’; and
25
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(2) in paragraph (4)(A)—
1
(A) in clause (ii), by striking ‘‘; or’’ and in-
2
serting a semicolon;
3
(B) by redesignating clause (iii) as clause
4
(iv); and
5
(C) by inserting after clause (ii) the fol-
6
lowing new clause:
7
‘‘(iii) is a release, disclosure, or use of
8
detailed manufacturing or process data—
9
‘‘(I) that is necessary for oper-
10
ation, maintenance, installation, or
11
training and shall be used only for op-
12
eration, maintenance, installation, or
13
training purposes supporting wartime
14
operations or contingency operations;
15
and
16
‘‘(II) for which the head of an
17
agency determines that the original
18
supplier of such data will be unable to
19
satisfy military readiness or oper-
20
ational requirements for such oper-
21
ations; or’’.
22
(b) REFORM OF TECHNICAL DATA AND SOFTWARE
23
RIGHTS TO SUPPORT COMPETITION, SUSTAINMENT, AND
24
READINESS.—
25
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(1) DEFAULT GOVERNMENT PURPOSE RIGHTS
1
FOR
DELIVERABLES.—Chapter 239 of title 10,
2
United States Code, is amended by inserting after
3
section 3775 the following new section:
4
‘‘§ 3776. Default government purpose rights for
5
deliverables under Department of De-
6
fense contracts
7
‘‘(a) DEFAULT RIGHTS.—Except as provided in sub-
8
section (b), any technical data, computer software, or com-
9
puter software documentation delivered under a contract,
10
subcontract, or other agreement entered into by the De-
11
partment of Defense for the acquisition of noncommercial
12
products or services shall be provided with government
13
purpose rights unless the contractor establishes, through
14
clear and convincing evidence, entitlement to more restric-
15
tive rights.
16
‘‘(b) CONTRACTOR BURDEN.—A contractor asserting
17
less-than-government purpose rights shall provide—
18
‘‘(1) a compliant assertions table identifying
19
each specific item of data or software claimed;
20
‘‘(2) factual documentation of private develop-
21
ment funding;
22
‘‘(3) clause-specific unlimited-rights exclusions
23
applied at the lowest practicable segregable level;
24
and
25
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‘‘(4) corresponding portion markings on the
1
deliverables.
2
‘‘(c) FAILURE TO SUBSTANTIATE.—Any failure by a
3
contractor to comply with subsection (b) shall result in
4
the deliverable being treated as provided with government
5
purpose rights.’’.
6
(2)
IMPROPER
MARKINGS
OF
CRITICAL
7
ITEMS.—For any critical readiness items of supply
8
(as that term is defined in section 4324(d)(4) of title
9
10, United States Code) that are noncommercial
10
items, if the Secretary of Defense determines that a
11
contractor—
12
(A) applied an incorrect restrictive mark-
13
ing;
14
(B) failed to exclude unlimited- or unre-
15
stricted-rights categories;
16
(C) failed to portion-mark at the required
17
segregable level; or
18
(D) submitted an incomplete or invalid as-
19
sertions table;
20
then all affected technical data, computer soft-
21
ware, and documentation shall be deemed as
22
government purpose rights.
23
(3) CLAWBACK OF EXCESSIVE PAYMENTS ARIS-
24
ING FROM IMPROPER RESTRICTIONS.—
25
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(A) INDEPENDENT
ANALYSIS.—The Sec-
1
retary shall obtain an independent engineering
2
and cost analysis to determine the fair and rea-
3
sonable price for any item procured under cir-
4
cumstances where improper restrictive markings
5
contributed to an unjustified sole-source envi-
6
ronment.
7
(B) GOVERNMENT CLAIM.—If the amount
8
paid by the Government exceeds the amount de-
9
termined under paragraph (1), the difference
10
shall constitute a contract debt owed to the
11
United States under chapter 71 of title 41,
12
United States Code (commonly known the
13
‘‘Contract Disputes Act’’).
14
(C) INTEREST.—Any amount owed under
15
this paragraph shall accrue interest from the
16
date of overpayment in accordance with section
17
7109 of title 41, United States Code.
18
(4) ENFORCEMENT
AND
REMEDIES.—A con-
19
tractor found to have repeatedly mismarked data or
20
submitted invalid assertions tables shall be ineligible
21
for award of contracts requiring the delivery of tech-
22
nical data or software for a period determined by the
23
Secretary.
24
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SEC. 805. ACCOUNTABILITY AND TRAINING FOR DEFENSE
1
ACQUISITION.
2
(a) STANDARDIZATION FOR PROGRAM ACQUISITION
3
EXECUTIVES.—
4
(1) PERFORMANCE INDICATORS FOR PROGRAM
5
ACQUISITION
EXECUTIVES.—The Secretary of De-
6
fense shall develop key performance indicators to be
7
used by all program acquisition executives, which
8
shall address the following:
9
(A) The portfolio cost variance from base-
10
line estimates.
11
(B) Milestone delivery performance and
12
turnaround time across different phases of ac-
13
quisition.
14
(C) Market research and competition.
15
(D) Use of Modular Open System Archi-
16
tecture.
17
(E) Supply chain and workforce risk miti-
18
gation.
19
(F) Authority utilization, including other
20
transaction authority, commercial solutions
21
opening, middle tier acquisition, and software
22
acquisition pathway.
23
(G) Derisking activity, including capital
24
market involvement.
25
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(H) Any other metric the Secretary con-
1
siders relevant.
2
(2) DATA DASHBOARD.—
3
(A) IN GENERAL.—The Secretary of De-
4
fense shall develop and implement a phased
5
rollout plan for a centralized, enterprise-grade
6
data dashboard, designed to provide real-time
7
visibility into the operational health, strategic
8
growth, and efficiency of each program acquisi-
9
tion executive portfolio.
10
(B) CONTENTS.—The dashboard described
11
in subparagraph (A) shall automatically track
12
and visualize performance across the following
13
four critical performance pillars:
14
(i) Financial and budgeting health.
15
(ii) Schedule and operational delivery.
16
(iii) Industrial base and workforce
17
growth.
18
(iv) Innovation and agility metrics.
19
(3) WORKFORCE DEFICIENCY ANALYSIS.—The
20
Secretary of Defense shall conduct a comprehensive
21
human capital market analysis of each program ac-
22
quisition executive portfolio to identify—
23
(A) immediate and projected workforce de-
24
ficiencies; and
25
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(B) the staffing ratios required to support
1
expanded portfolios, with a focus on recruiting
2
specialized talent from the private sector, such
3
as data scientists, industrial base analysts, and
4
commercial finance experts.
5
(4) REPORT ON PERFORMANCE INDICATORS.—
6
Not later than 180 days after the date of the enact-
7
ment of this Act, the Secretary of Defense shall sub-
8
mit to Congress a report that includes the perform-
9
ance indicators developed under paragraph (1), the
10
phased rollout plan developed under paragraph (2),
11
and the analysis conducted under paragraph (3).
12
(b) PILOT PROGRAM ON COMMERCIAL ACQUISITION
13
PRACTICES.—
14
(1) ESTABLISHMENT OF PILOT PROGRAM.—Not
15
later than 180 days after the date of the enactment
16
of this Act, the Secretary of Defense, acting through
17
the Under Secretary of Defense for Acquisition and
18
Sustainment, shall establish a pilot program (re-
19
ferred to in this section as the ‘‘Pilot Program’’) to
20
enhance the use of commercial acquisition practices
21
within the Department of Defense by appointing
22
highly qualified experts to serve in senior decision-
23
making roles for covered acquisitions.
24
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(2) SENIOR COMMERCIAL ACQUISITION EXECU-
1
TIVES PIPELINE.—
2
(A) IN
GENERAL.—In carrying out the
3
Pilot Program, the Secretary of Defense shall
4
appoint not less than 10 and not more than 30
5
highly qualified experts as ‘‘Senior Commercial
6
Acquisition Executives’’—
7
(i) to actively assist the Secretary in
8
the development, instruction, and contin-
9
uous refinement of the Gold Tier Capital
10
Certification Training Program established
11
under subsection (c); and
12
(ii) to align commercial and public
13
practices for defense acquisitions and con-
14
tracts.
15
(B) QUALIFICATIONS.—In appointing indi-
16
viduals as Senior Commercial Acquisition Ex-
17
ecutives under subparagraph (A), the Secretary
18
shall—
19
(i) select individuals with significant
20
experience in commercial acquisition, in-
21
cluding—
22
(I) not fewer than 8 years of ex-
23
perience in procuring or managing
24
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large-scale commercial products or
1
services; and
2
(II) demonstrated responsibility
3
for acquisition decisions in competitive
4
commercial markets that involve fund-
5
ing or a project value of more than
6
$50,000,000; and
7
(ii) prioritize the appointment of indi-
8
viduals with experience in industries such
9
as advanced technology, manufacturing, lo-
10
gistics, or any other sector characterized
11
by large-scale commercial procurement.
12
(C) APPOINTMENT TERM.—A Senior Com-
13
mercial Acquisition Executive shall be ap-
14
pointed for a term of four years.
15
(D) HIRING AUTHORITY AND COMPENSA-
16
TION.—The Secretary may—
17
(i) appoint individuals under this sec-
18
tion as highly qualified experts pursuant to
19
section 9903 of title 5, United States
20
Code, or any other applicable authority;
21
and
22
(ii) fix the pay of an individual ap-
23
pointed under this section at the highest
24
rate authorized for highly qualified experts
25
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under section 9903 of title 5, United
1
States Code, and may use any available
2
flexibility under such section to recruit in-
3
dividuals with the expertise required under
4
this section.
5
(E) DUTIES.—Each Senior Commercial
6
Acquisition Executive shall—
7
(i) be assigned to a military depart-
8
ment, defense agency, or other component
9
of the Department of Defense and report
10
to the senior acquisition executive, or any
11
other official the Secretary considers ap-
12
propriate, of the assigned department,
13
agency, or component;
14
(ii) lead or participate in the develop-
15
ment and approval of acquisition strategies
16
for covered acquisitions;
17
(iii) advise and support contracting
18
officers and program officials in the use of
19
commercial acquisition procedures, includ-
20
ing—
21
(I) commercial solution openings;
22
(II) fixed-price contracting; and
23
(III) price-based evaluation meth-
24
ods;
25
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(iv) promote the use of commercial
1
practices consistent with the objectives of
2
section 3102 of title 10, United States
3
Code; and
4
(v) provide input and recommenda-
5
tions for the Gold Tier Capital Certifi-
6
cation Training Program.
7
(F) COVERED ACQUISITIONS.—For covered
8
acquisitions, the Secretary shall ensure that a
9
Senior Commercial Acquisition Executive either
10
serves as the lead acquisition official or provides
11
oversight for the acquisition strategy, which
12
shall include meaningful participation in deci-
13
sions relating to the contract structure, the
14
pricing approach, and the source selection
15
methodology.
16
(3) REPORTING REQUIREMENTS.—
17
(A) INTERIM REPORT.—Not later than two
18
years after the date of the enactment of this
19
Act, and annually thereafter, the Under Sec-
20
retary
of
Defense
for
Acquisition
and
21
Sustainment shall submit to the congressional
22
defense committees a report that—
23
(i) provides the number of Senior
24
Commercial Acquisition Executives and the
25
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portfolio and service assignment of each
1
such executive;
2
(ii) describes the types of acquisitions
3
in which such executives were involved;
4
(iii) describes the extent to which the
5
executives influenced acquisition strategy,
6
contract structure, and pricing approaches;
7
(iv) provides an assessment of the ef-
8
fectiveness of the Pilot Program in improv-
9
ing the use of commercial acquisition prac-
10
tices, including any impacts on cost, speed,
11
and participation by nontraditional defense
12
contractors; and
13
(v) includes recommendations regard-
14
ing whether the authority of the Secretary
15
to appoint Senior Commercial Acquisition
16
Executives under this section should be ex-
17
tended, modified, or made permanent.
18
(B) FINAL REPORT.—
19
(i) IN GENERAL.—Not later than 180
20
days prior to the termination date de-
21
scribed in paragraph (4), the Secretary of
22
Defense shall submit to the congressional
23
defense committees a comprehensive report
24
that evaluates the Pilot Program.
25
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(ii) CONTENTS.—The report shall in-
1
clude an assessment of total cost avoid-
2
ance, accelerated acquisition timelines, in-
3
dustry
feedback,
and
a
formal
rec-
4
ommendation on whether to permanently
5
codify the authorities granted under this
6
section.
7
(4) SUNSET.—
8
(A) IN GENERAL.—The authority of the
9
Secretary to appoint individuals under para-
10
graph (2)(A) shall terminate 5 years after the
11
date of the enactment of this Act.
12
(B) INDIVIDUALS
APPOINTED
BEFORE
13
TERMINATION DATE.—An individual appointed
14
under paragraph (2)(A) before the termination
15
date described in subparagraph (A) of this
16
paragraph may continue to serve for the dura-
17
tion of the individual’s appointment, subject to
18
applicable law.
19
(5) COVERED ACQUISITIONS DEFINED.—In this
20
subsection, the term ‘‘covered acquisitions’’ means
21
an acquisition—
22
(A) not designated as a major defense ac-
23
quisition program, as defined in section 4201 of
24
title 10, United States Code; and
25
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(B) for a product or service that includes,
1
as a significant component or purpose—
2
(i) software or software-intensive sys-
3
tems;
4
(ii) autonomous systems, including
5
unmanned platforms and associated ena-
6
bling technologies;
7
(iii) artificial intelligence, machine
8
learning, or data analytics capabilities;
9
(iv) cloud computing, data infrastruc-
10
ture, or digital platforms;
11
(v) cyber capabilities, including cyber-
12
security and cyber defense tools;
13
(vi) space-based services or commer-
14
cially provided space capabilities;
15
(vii) advanced sensing, networking, or
16
communications technologies; or
17
(viii) such other technology areas as
18
the Secretary of Defense determines can be
19
effectively acquired using commercial ac-
20
quisition procedures, including where such
21
procedures would improve speed, cost,
22
competition, or access to innovative sup-
23
pliers.
24
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(c) PILOT TRAINING PROGRAM FOR GOLD TIER CAP-
1
ITAL CERTIFICATION.—
2
(1) ESTABLISHMENT.—Not later than 180 days
3
after the date of the enactment of this Act, the Sec-
4
retary of Defense, acting through the Under Sec-
5
retary of Defense for Acquisition and Sustainment,
6
shall establish a pilot training program (referred to
7
in this subsection as the ‘‘Training Program’’) to es-
8
tablish, evaluate, and refine within the Department
9
of Defense the training and qualifications necessary
10
for an elite advanced financial certification, which
11
shall be known as the ‘‘Gold Tier Capital Certifi-
12
cation’’.
13
(2) PARTICIPANT
NOMINATION
AND
SELEC-
14
TION.—
15
(A) ANNUAL NOMINATIONS.—For each fis-
16
cal year during which the Training Program is
17
active, each service acquisition executive shall
18
nominate not fewer than 10 and not more than
19
15 contracting officers from their respective
20
military department to participate in the Train-
21
ing Program.
22
(B) SELECTION
CRITERIA.—Nominations
23
shall be based on demonstrated technical com-
24
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petence, leadership potential, and aptitude for
1
advanced commercial acquisition practices.
2
(3) CURRICULUM REQUIREMENTS.—
3
(A) CORE COMPETENCIES.—The Training
4
Program shall feature a rigorous, advanced cur-
5
riculum focused on commercial capital markets
6
and corporate and alternative defense financing,
7
including the following instructional areas:
8
(i) Capital structure fundamentals, in-
9
cluding debt, equity, and hybrid financial
10
instruments.
11
(ii) Risk allocation models and cor-
12
porate financial incentive alignment.
13
(iii) Deal structuring and creative fi-
14
nancing mechanisms.
15
(iv) Commercial valuation methodolo-
16
gies and return-on-investment analysis.
17
(v) Public-private partnership models
18
and execution frameworks.
19
(vi) Operational and structural dis-
20
tinctions between venture capital, private
21
equity, internal corporate investment, and
22
traditional commercial banking.
23
(B) EDUCATIONAL PARTNERS.—The cur-
24
riculum described in subparagraph (A) shall be
25
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developed and delivered in coordination with
1
partner institutions and Senior Commercial Ac-
2
quisition Executives (appointed in subsection
3
(b)), including top-tier graduate business and
4
economic schools, investment banking firms,
5
venture capital firms, and private equity firms.
6
(C) ROTATIONAL IMMERSIONS AND INDUS-
7
TRY EXCHANGE PROGRAM.—
8
(i) IN GENERAL.—The curriculum de-
9
scribed in subparagraph (A) will include a
10
formalized industry exchange program,
11
through which contracting officers in the
12
Training Program may complete tem-
13
porary operational rotations with venture
14
capital firms, defense prime contractors,
15
commercial technology startups, and in-
16
vestment banks.
17
(ii)
EXCHANGE
PERIOD.—A
tem-
18
porary operational rotation shall last be-
19
tween six and 12 months.
20
(iii) PURPOSE.—These rotations will
21
provide contracting officers with firsthand
22
experience in commercial business oper-
23
ations, rapid scaling methodologies, and
24
private-sector risk allocation.
25
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(4) ADMINISTRATIVE ROLE OF DEFENSE ACQUI-
1
SITION UNIVERSITY.—The Defense Acquisition Uni-
2
versity shall serve the Training Program in a strictly
3
administrative and coordinating capacity, to include
4
the funding and management of travel, lodging, and
5
enabling logistics for participants.
6
(5) PERFORMANCE METRICS FOR GOLD TIER
7
CAPITAL CERTIFICATION.—
8
(A) IN GENERAL.—Any contracting officer
9
who successfully completes the Training Pro-
10
gram shall be awarded the Gold Tier Capital
11
Certification.
12
(B) MAINTENANCE OF DESIGNATION.—To
13
maintain the Gold Tier Capital Certification, an
14
individual who completes the Training Program
15
must meet or exceed the annual performance
16
metrics, as set and evaluated by the relevant
17
portfolio acquisition executive and Senior Com-
18
mercial Acquisition Executive.
19
(C) FORFEITURE
AND
REPLACEMENT.—
20
Any officer who fails to meet the metrics de-
21
scribed under subparagraph (B) for two or
22
more evaluation periods shall immediately for-
23
feit the Gold Tier Capital Certification.
24
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(D) REPLACEMENT
OF
OFFICER.—Not
1
later than 60 days after the forfeiture of a Gold
2
Tier Capital Certification under subparagraph
3
(C), the relevant service acquisition executive
4
shall nominate a qualified replacement for the
5
Training Program.
6
(6) PERSONNEL
INCENTIVES
AND
AUTHORI-
7
TIES.—The Secretary of Defense shall ensure that
8
contracting officers holding a valid Gold Tier Capital
9
Certification receive the incentives and operational
10
authorities described in this paragraph.
11
(A)
PROMOTION
CONSIDERATIONS.—In
12
procedures for military and civilian personnel
13
evaluations, the Secretary shall consider the
14
possession of a Gold Tier Capital Certification
15
as an advanced professional qualification and
16
give such certification positive weight for pro-
17
motion and leadership selection.
18
(B) STREAMLINED APPROVALS.—The Sec-
19
retary shall establish expedited, streamlined ad-
20
ministrative review and approval pathways for
21
non-traditional financing mechanisms executed
22
by any officer with a Gold Tier Capital Certifi-
23
cation.
24
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(C) LIAISON STATUS.—Any officer with a
1
Gold Tier Capital Certification shall possess di-
2
rect liaison status with the Economic Defense
3
Unit.
4
(D) INDUSTRY
IMMERSIONS.—The Sec-
5
retary shall provide officers with a Gold Tier
6
Capital Certification with priority access to offi-
7
cial operational immersion opportunities within
8
industry, including financial and investment en-
9
tities and commercial startups.
10
(7) REPORTING REQUIREMENTS.—
11
(A) INTERIM
BRIEFING.—Not later than
12
two years after the date of the enactment of
13
this Act, the Secretary of Defense shall provide
14
to the congressional defense committees a brief-
15
ing on the initial implementation of the Train-
16
ing Program, metrics achieved by the partici-
17
pants, and curriculum efficacy.
18
(B) INTERIM REPORT.—Not later than two
19
years after the date of the enactment of this
20
Act, and annually thereafter, the Under Sec-
21
retary
of
Defense
for
Acquisition
and
22
Sustainment shall submit to the congressional
23
defense committees a report that—
24
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(i) provides the number contracting
1
officers that participated in the Training
2
Program, and the portfolio and service des-
3
ignation of each such officer;
4
(ii) describes the types of acquisitions
5
in which such officers were involved;
6
(iii) describes the extent to which the
7
Training Program influenced acquisition
8
strategy, contract structure, and pricing
9
approaches;
10
(iv) provides an assessment of the ef-
11
fectiveness of the Training Program in im-
12
proving the use of commercial acquisition
13
practices, including any impacts on cost,
14
speed, and participation by nontraditional
15
defense contractors; and
16
(v) includes recommendations as to
17
whether the authority under this section
18
should be extended, modified, or made per-
19
manent.
20
(C) FINAL REPORT.—
21
(i) IN GENERAL.—Not later than 180
22
days prior to the termination date de-
23
scribed in paragraph (8), the Secretary of
24
Defense shall submit to the congressional
25
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defense committees a comprehensive report
1
that evaluates the Training Program.
2
(ii) CONTENTS.—The report shall in-
3
clude an assessment of total cost avoid-
4
ance, accelerated acquisition timelines, in-
5
dustry
feedback,
and
a
formal
rec-
6
ommendation on whether to permanently
7
codify the certification program.
8
(8) SUNSET.—The Training Program shall ter-
9
minate on the date that is five years after the date
10
of the enactment of this Act.
11
Subtitle B—Amendments to Gen-
12
eral
Contracting
Authorities,
13
Procedures, and Limitations
14
SEC. 811. CONSOLIDATION AND RATIONALIZATION OF RE-
15
STRICTIONS ON PROCUREMENT FROM CER-
16
TAIN FOREIGN COUNTRIES.
17
(a) ESTABLISHMENT OF NEW CHAPTER IN TITLE
18
10, UNITED STATES CODE.—Subpart I of part V of title
19
10, United States Code, is amended by adding at the end
20
the following new chapter:
21
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‘‘CHAPTER 390—RESTRICTIONS ON PRO-
1
CUREMENT FROM CERTAIN FOREIGN
2
COUNTRIES
3
‘‘§ 4991. Definitions
4
‘‘In this chapter:
5
‘‘(1) The term ‘Commerce Control List’ means
6
the list maintained by the Bureau of Industry and
7
Security and set forth in Supplement No. 1 to part
8
774 of the Export Administration Regulations (as
9
defined in section 1742 of the Export Control Re-
10
form Act of 2018 (50 U.S.C. 4801).
11
‘‘(2) The term ‘commercial product’ has the
12
meaning given the term in section 103 of title 41.
13
‘‘(3) The term ‘commercially available off-the-
14
shelf item’ (COTS) has the meaning given the term
15
in section 104 of title 41.
16
‘‘(4) The term ‘covered country’ means—
17
‘‘(A) the Democratic People’s Republic of
18
Korea (North Korea);
19
‘‘(B) the People’s Republic of China;
20
‘‘(C) the Russian Federation; and
21
‘‘(D) the Islamic Republic of Iran.
22
‘‘(5) The term ‘covered entity’ means—
23
‘‘(A) an entity domiciled in a covered coun-
24
try or subject to the influence or control of the
25
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government of a covered country, as determined
1
by the Secretary of Defense;
2
‘‘(B) an entity identified as a Communist
3
Chinese military company under section 1260H
4
of the William M. (Mac) Thornberry National
5
Defense Authorization Act for Fiscal Year 2021
6
(Public Law 116–283; 10 U.S.C. 113 note);
7
‘‘(C) an entity on the Non-SDN Chinese
8
Military-Industrial Complex Companies List
9
maintained by the Office of Foreign Assets
10
Control of the Department of the Treasury;
11
‘‘(D) Huawei Technologies Company, ZTE
12
Corporation, Hytera Communications Corpora-
13
tion, Hangzhou Hikvision Digital Technology
14
Company, Dahua Technology Company, or any
15
subsidiary or affiliate of such entities; or
16
‘‘(E) any other entity designated by the
17
Secretary of Defense as posing a national secu-
18
rity risk due to its ties to a covered country.
19
‘‘(6) The term ‘covered item’ means goods,
20
services, or materials identified in this chapter as
21
subject to procurement restrictions, including chem-
22
ical materials, munitions, strategic and critical mate-
23
rials, telecommunications equipment, unmanned air-
24
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craft systems, printed circuit boards, personal pro-
1
tective equipment, and batteries.
2
‘‘(7) The term ‘covered telecommunications
3
equipment or services’ means—
4
‘‘(A) telecommunications equipment pro-
5
duced by Huawei Technologies Company or
6
ZTE Corporation (or any subsidiary or affil-
7
iate);
8
‘‘(B) telecommunications or video surveil-
9
lance equipment used for public safety, security
10
of government facilities, physical security sur-
11
veillance of critical infrastructure, or other na-
12
tional security purposes, that is produced by
13
Hytera
Communications
Corporation,
14
Hangzhou Hikvision Digital Technology Com-
15
pany, or Dahua Technology Company (or any
16
subsidiary or affiliate);
17
‘‘(C) telecommunications or video surveil-
18
lance services provided by the entities described
19
in subparagraphs (A) and (B) or using equip-
20
ment produced by such entities; and
21
‘‘(D) telecommunications or video surveil-
22
lance equipment or services produced or pro-
23
vided by an entity that the Secretary of De-
24
fense, in consultation with the Director of Na-
25
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tional Intelligence or the Director of the Fed-
1
eral Bureau of Investigation, reasonably be-
2
lieves to be owned or controlled by, or otherwise
3
unduly influenced by, the government of a cov-
4
ered country.
5
‘‘(8) The term ‘simplified acquisition threshold’
6
has the meaning given the term in section 134 of
7
title 41.
8
‘‘§ 4992. Prohibition on procurement from covered
9
countries and entities
10
‘‘(a) PROHIBITION.—Except as provided in this chap-
11
ter, the Secretary of Defense may not—
12
‘‘(1) procure, renew, or extend a contract for
13
the procurement of any covered item that is, or con-
14
tains materials or components that are mined, re-
15
fined, processed, manufactured, or assembled, in
16
whole or in part, by a covered country or covered en-
17
tity;
18
‘‘(2) enter into, renew, or extend a contract
19
with an entity that uses a covered item as a substan-
20
tial or essential component of any system or as crit-
21
ical technology as part of any system; or
22
‘‘(3) enter into, renew, or extend a contract
23
with an entity that uses any equipment, system, or
24
service that itself uses covered telecommunications
25
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equipment or services as a substantial or essential
1
component of any system, or as critical technology
2
as part of any system, regardless of whether such
3
use is in performance of a Department of Defense
4
contract.
5
‘‘(b) APPLICABILITY.—(1) Paragraphs (1) and (2) of
6
subsection (a) apply to prime contracts and subcontracts
7
at any tier under such contracts.
8
‘‘(2) Subsection (a)(3) applies only to the prime con-
9
tractor with whom the Department of Defense enters into
10
a contract.
11
‘‘(3) Federal bidders and contractors—
12
‘‘(A) may reasonably rely on certifications of
13
compliance from covered entities and subcontractors
14
when providing proposals to the Department of De-
15
fense; and
16
‘‘(B) are not required to conduct independent
17
third-party audits or other formal reviews related to
18
such certifications.
19
‘‘(4) Nothing in this section shall permit the Sec-
20
retary to apply the prohibitions in subsection (a) to exist-
21
ing contracts for goods, services, or technology, including
22
when such contracts are modified, extended, or renewed,
23
entered into prior to the effective date of the relevant pro-
24
hibited good or service.
25
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‘‘(c) COVERED ITEMS.—This section applies to the
1
following items:
2
‘‘(1) Chemicals listed under the heading ‘Task
3
1: Domestic Production of Critical Chemicals’ in sec-
4
tion 3.0E of the document of the Department of De-
5
fense titled ‘Statement of Objectives (SOO) for Crit-
6
ical Chemicals Production’ (FOA: FA8650–19–S–
7
5010, Appendix VI, Call: 012) and dated December
8
5, 2022, or any successor document.
9
‘‘(2) Goods, services, or technology provided by
10
an entity identified in the annual list published in
11
the Federal Register by the Department of Defense
12
of Chinese military companies operating in the
13
United States pursuant to section 1260H of the Wil-
14
liam M. (Mac) Thornberry National Defense Author-
15
ization Act for Fiscal Year 2021 (Public Law 116–
16
283; 10 U.S.C. 113 note), except that the prohibi-
17
tion shall not apply to—
18
‘‘(A) goods, services, or technology to pro-
19
vide a service that connects to the facilities of
20
a third party, including backhaul, roaming, or
21
interconnection arrangements; or
22
‘‘(B) components (as defined in section
23
105 of title 41).
24
‘‘(3)(A) Goods and services—
25
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‘‘(i) on the munitions list of the Inter-
1
national Traffic in Arms Regulations;
2
‘‘(ii) on the Commerce Control List that—
3
‘‘(I) are classified in the 600 series; or
4
‘‘(II) contain strategic and critical
5
materials, rare earth elements, or energetic
6
materials used to manufacture missiles or
7
munitions.
8
‘‘(B) The prohibition pursuant to this para-
9
graph does not apply in connection with a visit by
10
a vessel or an aircraft of the United States Armed
11
Forces to the People’s Republic of China.
12
‘‘(4) Strategic and critical materials, including
13
specialty metals and rare earth elements (as ref-
14
erenced in sections 4863 and 4872 of this title, and
15
section 857 of the James M. Inhofe National De-
16
fense Authorization Act for Fiscal Year 2023 (Pub-
17
lic Law 117–263; 10 U.S.C. 4811 note)).
18
‘‘(5) Unmanned aircraft systems (as referenced
19
in section 848 of the National Defense Authorization
20
Act for Fiscal Year 2020 (Public Law 116–92; 10
21
U.S.C. 4871 note)).
22
‘‘(6) Printed circuit boards (as referenced in
23
section 4873 of the National Defense Authorization
24
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Act for Fiscal Year 2020 (Public Law 116–92; 10
1
U.S.C. )).
2
‘‘(7) Personal protective equipment (as ref-
3
erenced in section 4875 of this title).
4
‘‘(8) Batteries from specified companies (as ref-
5
erenced in section 154 of the National Defense Au-
6
thorization Act for Fiscal Year 2024 (Public Law
7
118–31; 10 U.S.C. 4651 note prec.)).
8
‘‘(9) Covered telecommunications equipment or
9
services (as referenced in section 889 of the John S.
10
McCain National Defense Authorization Act for Fis-
11
cal Year 2019 (Public Law 115–232; 10 U.S.C.
12
3901 not prec.)).
13
‘‘§ 4993. National security waiver
14
‘‘(a) AUTHORITY.—The Secretary of Defense may
15
waive the prohibitions under section 4992 of this title if
16
the Secretary determines in writing that such waiver is
17
necessary to the national security interests of the United
18
States.
19
‘‘(b) REQUIREMENTS.—A written determination
20
under subsection (a)—
21
‘‘(1) shall specify the quantity or scope of cov-
22
ered items or materials or the scope of covered tele-
23
communications equipment or services to which the
24
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waiver applies and the time period over which the
1
waiver applies; and
2
‘‘(2) shall be provided to the congressional de-
3
fense committees not later than 15 days before
4
issuing the waiver, except that in the case of an ur-
5
gent national security requirement, such certification
6
may be provided up to 7 days after the waiver is
7
issued.
8
‘‘(c) DELEGATION.—The authority under subsection
9
(a)—
10
‘‘(1) may be delegated to either the senior ac-
11
quisition executive of a military department or the
12
official responsible for all acquisition functions of
13
such other element or organization of the Depart-
14
ment of Defense concerned, for a waiver applicable
15
to one or more acquisition programs or procure-
16
ments within that military department or element of
17
the Department of Defense; or
18
‘‘(2) may be delegated to the Deputy Secretary
19
of Defense or the Under Secretary of Defense for
20
Acquisition and Sustainment for a waiver applicable
21
to more than one military department.
22
‘‘§ 4994. Exceptions for commercial products, COTS
23
items, and thresholds
24
‘‘(a) COMMERCIAL PRODUCTS AND COTS ITEMS.—
25
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‘‘(1) IN GENERAL.—Except as provided in para-
1
graph (2), this chapter applies to the procurement of
2
commercial products and COTS items.
3
‘‘(2) EXCEPTION.—This chapter only applies to
4
COTS items that are—
5
‘‘(A) specialty metals, including mill prod-
6
ucts, that have not been incorporated into end
7
items, subsystems, assemblies, or components;
8
‘‘(B) forgings or castings of specialty met-
9
als, unless incorporated into COTS end items,
10
subsystems, or assemblies; or
11
‘‘(C) covered items or covered tele-
12
communications equipment or services that per-
13
form a mission-critical function and are not in-
14
corporated into end items, subsystems, assem-
15
blies, or components.
16
‘‘(b) SIMPLIFIED ACQUISITION THRESHOLD.—Sec-
17
tion 4992 of this title does not apply to acquisitions in
18
amounts below the simplified acquisition threshold.
19
‘‘(c) OUTSIDE THE UNITED STATES.—Section 4992
20
of this title does not apply to procurements outside the
21
United States in support of contingency operations or for
22
use outside the United States.’’.
23
(b) IMPLEMENTATION AND EFFECTIVE DATE.—
24
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(1) EFFECTIVE DATE.—The amendments made
1
by this section shall take effect on January 1, 2028.
2
(2) REGULATIONS.—The Secretary of Defense
3
shall prescribe regulations to implement chapter 390
4
of title 10, United States Code, as added by sub-
5
section (a), including updates to the Defense Fed-
6
eral Acquisition Regulation Supplement (DFARS).
7
SEC. 812. REQUIREMENTS FOR INFORMATION RELATING
8
TO SUPPLY CHAIN RISK.
9
Section 3252 of title 10, United States Code, is
10
amended—
11
(1) in subsection (b)—
12
(A) in paragraph (1), by inserting ‘‘offi-
13
cials, general counsels,’’ after ‘‘procurement’’;
14
(B) in paragraph (2)(B), by striking
15
‘‘measures are not reasonably available to re-
16
duce’’ and inserting ‘‘measures have been taken
17
and are not reasonably expected to reduce’’;
18
(C) in paragraph (3)—
19
(i) in subparagraph (A)—
20
(I) by inserting ‘‘, including the
21
nature of the supply chain risk,’’ after
22
‘‘risk assessment’’; and
23
(II) by striking ‘‘; and’’ and in-
24
serting a semicolon; and
25
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(ii) in subparagraph (B)—
1
(I) by striking ‘‘measures that
2
were considered and why they were
3
not reasonably available to reduce’’
4
and inserting ‘‘measures that were
5
taken and why they were not reason-
6
ably expected to reduce’’; and
7
(II) by striking the period at the
8
end and inserting ‘‘; and’’; and
9
(iii) by adding at the end the fol-
10
lowing new subparagraph:
11
‘‘(C) a legal opinion from the Department
12
of Defense Office of General Counsel that the
13
determination required in paragraph (2), as
14
well as the analysis required in subparagraphs
15
(A) and (B) of this paragraph, meets the statu-
16
tory requirements of this section;’’; and
17
(D) by adding at the end the following new
18
paragraphs:
19
‘‘(4) determining and certifying to the appro-
20
priate congressional committees that a foreign entity
21
of concern in the supply chain has carried out nefar-
22
ious, malicious, or concerning actions warranting
23
such exercise of authority; and
24
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‘‘(5) the Inspector General of the Department
1
of Defense conducts a review and determines that all
2
requirements under this subsection have been met.’’;
3
(2) in subsection (c)(2)—
4
(A) by redesignating subparagraphs (B)
5
and (C) as subparagraphs (C) and (D), respec-
6
tively; and
7
(B) by inserting after subparagraph (A)
8
the following new subparagraph:
9
‘‘(B) allow the appropriate parties of a
10
covered procurement action a 30-day window to
11
address the Department’s concerns or take
12
other remedial actions;’’;
13
(3) by redesignating subsection (d) as sub-
14
section (e); and
15
(4) by inserting after subsection (c) the fol-
16
lowing new subsection:
17
‘‘(d) LIMITATIONS ON AUTHORITY.—(1) Unless a
18
complete and detailed notification has been received by the
19
appropriate congressional committees within 5 days of a
20
determination under this section, the determination shall
21
have no effect for purposes of this section until the notifi-
22
cation has been so received.
23
‘‘(2) A determination under this section shall not be
24
invoked for contract disputes or as a negotiating tool and
25
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shall only be invoked to protect critical defense systems
1
from adversary exploitation by screening out suppliers who
2
pose unacceptable risks of sabotage or malicious subver-
3
sion in the procurement process.’’.
4
SEC. 813. LIMITATIONS ON CERTAIN MISSILE CONTRACTS
5
OR OTHER AGREEMENTS.
6
(a) LIMITATION ON USE OF FUNDS.—
7
(1) IN GENERAL.—None of the funds appro-
8
priated by this Act or any previous Act, or otherwise
9
made available to the Department of Defense may
10
be obligated or expended on a covered contract or
11
other agreement unless the Secretary of Defense cer-
12
tifies to the congressional defense committees, in
13
writing, that such contract or other agreement does
14
not contain any clause or provision that would au-
15
thorize the Secretary to—
16
(A) remove or install personnel at any
17
prime contractor or subcontractor; or
18
(B) direct the internal resources of any
19
prime contractor or subcontractor, including
20
independent research and development or cap-
21
ital expenditures, regardless of whether such
22
term is a condition of award, as a penalty for
23
delinquency, or for any other reason, unless the
24
Department of Defense paid for such resources
25
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as a direct cost under the contract or other
1
agreement.
2
(2) REMOVAL OF NON-CONFORMING CLAUSE.—
3
If the Secretary determines that any covered con-
4
tract or other agreement awarded prior to the date
5
of the enactment of this Act does not conform to the
6
requirements of paragraph (1), the Secretary shall
7
seek to enter into bilateral negotiations with the con-
8
tractor to modify such contract or other agreement
9
to remove the non-conforming clause or provision
10
without consideration.
11
(b) PROHIBITION ON CONTRACT MODIFICATIONS.—
12
(1) IN GENERAL.—Except as may be necessary
13
to comply with subsection (a)(2), the Secretary of
14
Defense may not make any modification or change
15
to any term of a covered contract or other agree-
16
ment that is entered into using funds authorized to
17
be appropriated by this Act or otherwise made avail-
18
able for fiscal year 2027, to alleviate contractor per-
19
formance issues, including delinquency, cost over-
20
runs, schedule delays, technical performance issues,
21
or any other performance-related grounds, and shall
22
strictly enforce all such terms as written.
23
(2) EXCEPTION.—Paragraph (1) shall not
24
apply to a modification or change to a covered con-
25
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tract or other agreement if such modification is
1
made pursuant to the extraordinary contractual re-
2
lief authorities provided in the Act entitled ‘‘An Act
3
to authorize the making, amendment, and modifica-
4
tion of contracts to facilitate the national defense’’,
5
approved August 28, 1958 (50 U.S.C. 1431 et seq.)
6
and complies with all applicable regulations and pro-
7
cedures implementing such authorities.
8
(c) DEFINITIONS.—In this section, the term ‘‘covered
9
contract or other agreement’’ means any of the following
10
contract or other agreement entered into using multiyear
11
procurement authorities authorized in section 804 of the
12
National Defense Authorization Act for Fiscal Year 2026
13
(Public Law 119–60; 10 U.S.C. 3501 et seq.):
14
(1) Patriot Advanced Capability-3 (PAC-3).
15
(2) Tomahawk Cruise Missile.
16
(3) Joint Air-to-Air Standoff Missile (JASSM).
17
(4) Long-Range Anti-Ship Missile (LRASM).
18
(5) Standard Missile-6 (SM-6).
19
(6) Standard Missile-3 (SM-3) Block IB.
20
(7) Advanced Medium-Range Air-to-Air Missile
21
(AMRAAM).
22
(8) Terminal High Altitude Area Defense
23
(THAAD).
24
(9) Low-Cost Hypersonic Strike Systems.
25
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(10) Family of Affordable Mass Munitions
1
(‘‘FAMM’’),
Extended-Range
Attack
Munition
2
(‘‘ERAM’’), Enterprise Test Vehicle (‘‘ETV’’), or
3
ground-launched low-cost cruise missile systems.
4
SEC. 814. LIMITATIONS ON THE CENTRALIZED COMMER-
5
CIAL ITEM CAPABILITY.
6
(a) LIMITATION.—No funds authorized to be appro-
7
priated for fiscal year 2027, or otherwise made available
8
to the Department of Defense, may be obligated or ex-
9
pended for the centralized commercial item capability re-
10
quired by section 3456(a) of title 10, United States Code,
11
until the conditions described in subsection (b) are satis-
12
fied.
13
(b) CONDITIONS.—The conditions referred to in sub-
14
section (a) are the following:
15
(1) The Secretary of Defense certifies that the
16
Department of Defense has—
17
(A) issued comprehensive Department-wide
18
guidance implementing subtitle C of title XVIII
19
of the National Defense Authorization Act for
20
Fiscal Year 2026 (Public Law 119–60; 139
21
Stat. 1245); and
22
(B) amended the Defense Federal Acquisi-
23
tion Regulation Supplement to fully implement
24
such subtitle.
25
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(2) The Secretary of Defense has developed and
1
issued stricter guidance, including higher standards
2
and criteria of evidence, for the approval of non-
3
commercial item determinations (or commercial item
4
exceptions) with respect to the following capabilities:
5
(A) Software or software-intensive systems.
6
(B) Autonomous systems, including un-
7
manned platforms and associated enabling tech-
8
nologies.
9
(C) Artificial intelligence, machine learn-
10
ing, or data analytics capabilities.
11
(D) Cloud computing, data infrastructure,
12
or digital platforms.
13
(E) Cyber capabilities, including cybersecu-
14
rity and cyber defense tools.
15
(F) Other technology areas as the Sec-
16
retary of Defense determines are characterized
17
by significant commercial market participation.
18
(c) COMPTROLLER GENERAL REVIEW AND CERTIFI-
19
CATION REQUIREMENT.—
20
(1) REVIEW REQUIRED.—Not later than 180
21
days after the date on which the Secretary of De-
22
fense notifies the congressional defense committees
23
that the conditions in subsection (b) have been met,
24
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the Comptroller General of the United States shall
1
conduct and complete—
2
(A) a review of the guidance issued pursu-
3
ant to subsection (b)(1) to determine whether
4
such guidance provides adequate implementa-
5
tion of subtitle C of title XVIII of the National
6
Defense Authorization Act for Fiscal Year
7
2026; and
8
(B) a review of a representative sample of
9
noncommercial item determinations (or com-
10
mercial item exceptions) made under the strict-
11
er guidance required by subsection (b)(2) to as-
12
sess whether such determinations are supported
13
by sufficient evidence and are not being ap-
14
proved through an insufficiently rigorous proc-
15
ess.
16
(2) REPORT.—The Comptroller General shall
17
submit to the congressional defense committees a re-
18
port on the findings of the reviews required by para-
19
graph (1), including an assessment of the adequacy
20
and rigor of the guidance and determination proc-
21
esses.
22
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SEC. 815. LIMITATIONS RELATING TO CAPITAL DISTRIBU-
1
TIONS FOR DEFENSE CONTRACTORS.
2
(a) IN GENERAL.—Except as provided in subsection
3
(b), beginning on June 15, 2027, the Secretary of Defense
4
may not enter into a contract for the procurement of
5
goods or services, unless the contractor agrees in writing
6
that the entity shall not—
7
(1) purchase an equity security of such entity,
8
or any parent entity of such entity, that is listed on
9
a national securities exchange; or
10
(2) pay dividends or make any other capital dis-
11
tribution with respect to the equity securities of the
12
entity.
13
(b) WAIVER
FOR QUALIFYING DEFENSE INVEST-
14
MENT.—The Secretary of Defense may waive the limita-
15
tion in subsection (a) for the purpose of rewarding con-
16
tractors that agree to a qualifying defense investment plan
17
that is approved by the Secretary.
18
(c) REVIEW AND ENFORCEMENT.—
19
(1) ESTABLISHMENT
OF
FORMAL
REVIEW
20
PROCESS.—Not later than 30 days after the date of
21
the enactment of this Act, the Secretary of Defense
22
shall establish a formal review mechanism for identi-
23
fying, on a continuing basis, the Department of De-
24
fense contractors that are in violation of the require-
25
ments of subsection (a).
26
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(2) EVIDENCE AND NOTIFICATION OF VIOLA-
1
TION.—
2
(A) IN GENERAL.—If a contracting officer
3
of the Department of Defense finds, or receives
4
and substantiates, an allegation described in
5
subparagraph (B), the Secretary shall imme-
6
diately notify the contractor of the violation in
7
writing.
8
(B) ALLEGATION DESCRIBED.—An allega-
9
tion described in this subparagraph is any alle-
10
gation relating to—
11
(i) a contractor of the Department en-
12
gaging in an activity prohibited under sub-
13
section (a), if the requirements of such
14
subsection have not been waived under
15
subsection (b); or
16
(ii) a contractor who received a waiver
17
under subsection (b) is underperforming
18
with respect to prioritization, investment,
19
or production such that the contractor no
20
longer meets the requirements of the quali-
21
fying defense investment plan approved by
22
the Secretary pursuant to subsection (b).
23
(C) CONTENTS
OF
NOTICE.—The notice
24
issued under subparagraph (A) shall include,
25
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depending on the basis of the violation, a de-
1
scription of—
2
(i) the conduct of the contractor that
3
is prohibited under subsection (a); or
4
(ii) the nature of the underperform-
5
ance or insufficient prioritization, invest-
6
ment, or production speed of the con-
7
tractor that fails to meet the requirements
8
described in the qualifying defense invest-
9
ment plan under subsection (b).
10
(3) REMEDIATION.—
11
(A) IN GENERAL.—Not later than 15 days
12
after the date on which the contractor receives
13
the notice of a violation under paragraph
14
(3)(A), the contractor may submit to the Sec-
15
retary a remediation plan, approved by the
16
board of directors of the contractor, for review
17
by the Secretary.
18
(B) CONTENT OF PLAN.—The remediation
19
plan submitted under subparagraph (A) shall
20
include a description of the manner by which
21
the contractor shall remedy the violation, in-
22
cluding, if applicable, a strategy for meeting the
23
requirements described in the qualifying defense
24
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investment plan under subsection (b) or an up-
1
date of such a plan.
2
(C) IDENTIFICATION OF DEFICIENCIES.—
3
If the Secretary identifies deficiencies in the re-
4
mediation plan submitted under subparagraph
5
(A), the Secretary shall engage with the con-
6
tractor as needed to resolve such deficiencies.
7
(4) PENALTIES.—If a contractor engages in an
8
activity prohibited under subsection (a) and was not
9
granted a waiver under subsection (b) or if the con-
10
tractor was granted a waiver under subsection (b)
11
but no longer meets the requirements of the quali-
12
fying defense investment plan, the contracting offi-
13
cer of the Department of Defense may take one or
14
more of the following actions against the contractor
15
for any contract entered into on or after the date
16
specified in subsection (a):
17
(A) Suspend payment under the contract.
18
(B) Revoke the waiver issued under sub-
19
section (b) for the contractor as a whole or for
20
any defined business segment.
21
(C) Determine that the contractor lacks
22
requisite responsibility for award of competitive
23
contracts or other agreements.
24
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(D) Terminate the eligibility of the con-
1
tractor to receive progress payments under sec-
2
tion 3804 of title 10, United States Code.
3
(E) Refer the matter to the Secretary for
4
other administrative actions.
5
(d) REPORT TO CONGRESS.—
6
(1) IN
GENERAL.—Not later than one year
7
after the date of the enactment of this Act, and an-
8
nually thereafter until the date specified in sub-
9
section (e), the Secretary of Defense shall submit to
10
the Committee on Armed Services of the Senate and
11
the Committee on Armed Services of the House of
12
Representatives a report that includes, for the one-
13
year period preceding submission of the report—
14
(A) a list of all contractors granted a waiv-
15
er under subsection (b) and the justification for
16
each waiver; and
17
(B) a list of all entities that have violated
18
agreements made pursuant to subsection (a) or
19
diverged from the practices that justified the
20
granting of a waiver under subsection (b).
21
(2) PUBLICATION.—Not later than 30 days
22
after the date of submission of a report under para-
23
graph (1), the Secretary of Defense shall make such
24
report publicly available.
25
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(e) SUNSET.—This section shall cease to have effect
1
on January 1, 2031.
2
(f) DEFINITIONS.—In this section:
3
(1) EQUITY SECURITY.—The term ‘‘equity secu-
4
rity’’ has the meaning given such term in section
5
3(a) of the Securities Exchange Act of 1934 (15
6
U.S.C. 78c(a)).
7
(2) NATIONAL
SECURITIES
EXCHANGE.—The
8
term ‘‘national securities exchange’’ means an ex-
9
change registered as a national securities exchange
10
in accordance with section 6 of the Securities Ex-
11
change Act of 1934 (15 U.S.C. 78f).
12
(3) QUALIFYING DEFENSE INVESTMENT.—
13
(A) IN GENERAL.—The term ‘‘qualifying
14
defense investment’’ means an expenditure by a
15
contractor that is directly related to increasing
16
the capacity or capability of its defense business
17
segment, including—
18
(i) construction, expansion, or mod-
19
ernization of manufacturing facilities, ship-
20
yards, or production lines dedicated to de-
21
fense programs;
22
(ii) acquisition of machine tools, cap-
23
ital equipment, and production technology
24
for defense systems;
25
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(iii) applied non-reimbursable research
1
and development directly supporting de-
2
fense programs;
3
(iv) establishment or expansion of
4
workforce training programs and facilities
5
for defense manufacturing skills; and
6
(v) strategic stockpiling of raw mate-
7
rials and components critical to defense
8
production.
9
(B) EXCLUSIONS.—A qualifying defense
10
investment does not include—
11
(i) an allowable cost for reimburse-
12
ment under any contract; or
13
(ii) an expenditure used under any
14
contract or other agreement as the basis
15
for the Department of Defense to provide
16
contract financing or advance payments.
17
SEC. 816. PROHIBITION OF PROCUREMENT OF MOLYB-
18
DENUM, GALLIUM, OR GERMANIUM FROM
19
NON-ALLIED FOREIGN NATIONS AND AU-
20
THORIZATION FOR PRODUCTION FROM RE-
21
COVERED MATERIAL.
22
Section 844 of the National Defense Authorization
23
Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
24
976) is amended—
25
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(1) by redesignating paragraph (3) of sub-
1
section (b) as subsection (c) and moving such sub-
2
section, as so redesignated, two ems to the left; and
3
(2) in subsection (c), as redesignated by para-
4
graph (1) of this section, by striking ‘‘amendments
5
made by paragraphs (1) and (2)’’ and inserting
6
‘‘amendments made by this section’’.
7
SEC. 817. OTHER TRANSACTION AUTHORITY REPORTING.
8
Any project carried out by the Department of De-
9
fense using other transaction authority under section 4021
10
of title 10, United States Code, shall be reported in the
11
same manner as other Department of Defense expendi-
12
tures for inclusion in the searchable public website estab-
13
lished by the Federal Funding Accountability and Trans-
14
parency Act of 2006 (31 U.S.C. 6101 note; Public Law
15
109–282).
16
SEC. 818. LIMITATION ON PROCUREMENT OF CUT FLOW-
17
ERS AND CUT GREENS.
18
(a) DEFINITIONS.—In this section:
19
(1) COVERED ENTITY.—The term ‘‘covered en-
20
tity’’ means—
21
(A) a foreign government; and
22
(B) an agent of a foreign principal (as de-
23
fined section 1 of the Foreign Agents Registra-
24
tion Act of 1938, as amended (22 U.S.C 611)).
25
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(2) CUT
FLOWER.—The term ‘‘cut flower’’
1
means a flower removed from a living plant for deco-
2
rative use.
3
(3) CUT GREEN.—The term ‘‘cut green’’ means
4
a green, foliage, or branch removed from a living
5
plant for decorative use.
6
(4) QUALIFYING AREA.—The term ‘‘qualifying
7
area’’ means—
8
(A) a State;
9
(B) the District of Columbia;
10
(C) a territory or possession of the United
11
States; or
12
(D) an area subject to the jurisdiction of
13
a federally recognized Indian Tribe.
14
(b) REQUIREMENT.—
15
(1) IN GENERAL.—Funds authorized to be ap-
16
propriated or otherwise made available to the De-
17
partment of Defense may only be used for the pro-
18
curement of a cut flower or cut green if the cut flow-
19
er or cut green is grown in a qualifying area.
20
(2)
APPLICABILITY.—This
subsection
shall
21
apply to a procurement made or contracted for—
22
(A) in the United States; and
23
(B) on or after the date that is 1 year
24
after the date of the enactment of this Act.
25
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(c) GIFTS FOR DISPLAYS.—
1
(1) IN GENERAL.—The Department of Defense
2
may only accept a gift of a cut flower or cut green
3
that is not grown in a qualifying area from a cov-
4
ered entity for the purpose of displaying the cut
5
flower or cut green if the origin of the cut flower or
6
cut green is clearly displayed at the time of delivery.
7
(2) REQUIREMENT.—If the Department of De-
8
fense accepts a gift of a cut flower or cut green from
9
a covered entity under paragraph (1), it shall clearly
10
display the origin of the cut flower or cut green dur-
11
ing the period of display of the cut flower or cut
12
green.
13
SEC. 819. AUDIT AND MITIGATION OF COVERED CELLULAR
14
MODULES IN THE DEPARTMENT OF DEFENSE
15
SYSTEMS AND INFRASTRUCTURE.
16
(a) DEPARTMENT OF DEFENSE AUDIT.—
17
(1) IN
GENERAL.—Not later than 180 days
18
after the date of the enactment of this Act, the Sec-
19
retary of Defense shall initiate a Department-wide
20
audit to identify the presence of covered cellular
21
modules within covered systems.
22
(2) SCOPE.—The audit required under para-
23
graph (1) shall—
24
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(A) cover all military departments, combat-
1
ant commands, defense agencies, and Depart-
2
ment of Defense activities or programs;
3
(B) prioritize covered systems critical to
4
military mobility, logistics, and installation se-
5
curity;
6
(C) include both government-owned and
7
contractor-operated covered systems connected
8
to Department of Defense networks or access-
9
ing Department of Defense information;
10
(D) identify to the maximum extent prac-
11
ticable, the manufacturer, model, firmware
12
version, and host product for each covered cel-
13
lular module identified; and
14
(E) assess the cybersecurity risk posed by
15
each identified covered cellular module, includ-
16
ing data flows, network exposure, and potential
17
for remote access.
18
(b) MITIGATION AND REPORTING.—
19
(1) REPORT REQUIRED.—Not later than 1 year
20
after the date of the enactment of this Act, and bi-
21
ennially thereafter for a period not to exceed 6
22
years, the Secretary shall submit to the congres-
23
sional defense committees a report on the audit and
24
mitigation activities carried out under this section.
25
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(2) CONTENTS.—Each report submitted under
1
paragraph (1) shall include the following:
2
(A) The preliminary or updated findings of
3
the audit required under subsection (b).
4
(B) A description of ongoing and planned
5
mitigation measures, including—
6
(i) rip-and-replace programs;
7
(ii) accelerated divestiture or retire-
8
ment of legacy assets;
9
(iii) network segmentation, isolation,
10
or compensating cybersecurity or engineer-
11
ing controls;
12
(iv) firmware or software remediation;
13
and
14
(v) supply-chain substitution with
15
trusted alternatives.
16
(C) Cost estimates, timelines, and resource
17
requirements for each category of mitigation
18
measure described in subparagraph (B).
19
(D) An identification of any statutory, reg-
20
ulatory, or acquisition barriers to completing
21
mitigation.
22
(E) Recommendations for additional legis-
23
lative authorities, if any, needed to complete
24
mitigation.
25
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(3) FORM.—Each report submitted under para-
1
graph (1) shall be submitted in unclassified form,
2
but may include a classified annex.
3
(c) COMPTROLLER GENERAL REPORT.—Not later
4
than 180 days after the submission of the report required
5
in subsection (b), the Comptroller General of the United
6
States shall submit to the congressional defense commit-
7
tees a report on the implementation and effectiveness of
8
the activities described in subsection (b).
9
(d) DEFINITIONS.—In this section:
10
(1) CELLULAR
MODULE.—The term ‘‘cellular
11
module’’ means a modular transmitter, as described
12
in section 15.212 of title 47, Code of Federal Regu-
13
lations, that provides cellular connectivity to a host
14
product, including an Internet of things device.
15
(2) COVERED CELLULAR MODULE.—The term
16
‘‘covered cellular module’’ means any cellular module
17
produced, manufactured, or provided by—
18
(A) an entity identified under section 889
19
of the John S. McCain National Defense Au-
20
thorization Act for Fiscal Year 2019 (Public
21
Law 115–232; 41 U.S.C. 3901 note prec.);
22
(B) an entity that is owned by, controlled
23
by, or subject to the jurisdiction or direction of
24
the People’s Republic of China; or
25
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(C) any other entity determined by the
1
Secretary of Defense to present an unacceptable
2
supply-chain risk.
3
(3) COVERED SYSTEM.—The term ‘‘covered sys-
4
tem’’ means any item of infrastructure owned,
5
leased, operated, or controlled by the Department of
6
Defense.
7
(4) INTERNET OF THINGS DEVICE.—The term
8
‘‘Internet of things device’’ has the meaning given to
9
such term in NIST Special Publication 1800–16.
10
SEC. 820. IMPROVING TRANSPARENCY OF FOREIGN INFLU-
11
ENCE ON DEPARTMENT OF DEFENSE CON-
12
TRACTORS.
13
Section 847(a)(3) of the National Defense Authoriza-
14
tion Act for Fiscal Year 2020 (Public Law 116–92; 10
15
U.S.C. 4819 note) is amended by striking ‘‘in excess of
16
$5,000,000’’ and inserting ‘‘in excess of $500,000’’.
17
SEC. 821. REPORTING OF PRICE INCREASES.
18
(a) REPORTING OF INCREASES ABOVE SPECIFIED
19
PRICES.—Chapter 271 of title 10, United States Code, is
20
amended by adding at the end the following new section:
21
‘‘§ 3710. Reporting of increases above specified prices
22
‘‘(a) IN GENERAL.—An offeror shall be required to
23
report to the relevant contracting officer not later than
24
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30 days after becoming aware that the price of a product
1
or service under a covered contract reaches or exceeds—
2
‘‘(1) 25 percent above the price specified in the
3
contract bid or the government paid for that product
4
or service the previous calendar year; or
5
‘‘(2) 50 percent above the price paid for such
6
a product or service 5 years earlier.
7
‘‘(b) COVERED CONTRACT DEFINED.—In this sec-
8
tion, the term ‘covered contract’ means a cost-plus con-
9
tract awarded without competition under section 3204 of
10
this title and as defined under section 6.302 of the Federal
11
Acquisition Regulation.’’.
12
(b) INCLUSION OF NONCOMPLIANCE INFORMATION
13
IN FAPIIS.—Chapter 271 of title 10, United States Code,
14
as amended by subsection (a), is further amended by add-
15
ing at the end the following new section:
16
‘‘§ 3711. Inclusion of noncompliance information in
17
Federal Awardee Performance and Integ-
18
rity Information System
19
‘‘The Director of the Defense Contract Audit Agency
20
or the relevant service acquisition executive shall report
21
in the Federal Awardee Performance and Integrity Infor-
22
mation System (FAPIIS) housed within the System for
23
Award Management the following information:
24
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‘‘(1) Contractors who fail to report price in-
1
creases as required under 3705(a)(2) of this title.
2
‘‘(2) Updated findings from audits conducted
3
by the Agency regarding noncompliance with the re-
4
quirement.
5
‘‘(3) With respect to unreported product or
6
service price increases, the product or service’s Na-
7
tional Stock Number, order quantity, unit cost, total
8
cost, purchasing or reimbursing entity, and date of
9
the order.’’.
10
SEC. 822. LATE SUBMISSION OF COST AND PRICING DATA
11
AS INVALID DEFENSE TO CONTRACT PRICE
12
REDUCTIONS FOR DEFECTIVE COST OR PRIC-
13
ING DATA.
14
Section 3706(c) of title 10, United States Code, is
15
amended—
16
(1) in paragraph (3), by striking ‘‘; or’’ and in-
17
serting a semicolon;
18
(2) in paragraph (4), by striking the period and
19
inserting ‘‘; or’’; and
20
(3) by adding at the end of the following:
21
‘‘(5) the cost or pricing data were submitted by
22
the prime contractor or subcontractor after the date
23
of agreement on the price of the contract or, if ap-
24
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plicable consistent with subsection (a)(2), such other
1
date agreed upon between the parties.’’.
2
Subtitle C—Industrial Base
3
Matters
4
SEC. 831. ESTABLISHMENT OF THE SUPPLY CHAIN RISK
5
MANAGEMENT INTEGRATION CELL.
6
(a) ESTABLISHMENT.—Not later than March 1,
7
2027, the Secretary of Defense shall establish a Supply
8
Chain Risk Management Integration Cell (in this section
9
referred to as ‘‘the Cell’’ ) within the Office of the Assist-
10
ant Secretary of Defense for Industrial Base Policy.
11
(b) DUTIES DESCRIBED.—For the purposes of oper-
12
ating the Cell described in subsection (a), the Secretary
13
shall delegate or otherwise assign to the Assistant Sec-
14
retary of Defense for Industrial Base Policy the authori-
15
ties and duties to—
16
(1) direct and conduct oversight of all Depart-
17
ment of Defense Supply Chain Risk Management ac-
18
tivities, programs, tools, and datasets;
19
(2) manage and make determinations regarding
20
lists and other restrictions relating to Department of
21
Defense Supply Chain Risk Management, including
22
those authorized in—
23
(A) section 889 of the John S. McCain
24
National Defense Authorization Act for Fiscal
25
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Year 2019 (Public Law 115–232; 41 U.S.C.
1
3901 note prec.);
2
(B) section 1260H of the William M.
3
(Mac) Thornberry National Defense Authoriza-
4
tion Act for Fiscal Year 2021 (Public Law
5
116–283; 10 U.S.C. 113 note); and
6
(C) section 805 of the National Defense
7
Authorization Act for Fiscal Year 2024 (Public
8
Law 118–31; 10 U.S.C. 4651 note prec.);
9
(3) manage and make determinations regarding
10
supply chain transparency programs, incentives, and
11
other activities, including those authorized in—
12
(A) section 849 of the Servicemember
13
Quality of Life Improvement and National De-
14
fense Authorization Act for Fiscal Year 2025
15
(Public Law 118–159; 10 U.S.C. 3241 note
16
prec.);
17
(B) section 856 of the National Defense
18
Authorization Act for Fiscal Year 2024 (Public
19
Law 118–31; 10 U.S.C. 3241 note prec.); and
20
(C) subsection (a)(3) of section 857 of the
21
James M. Inhofe National Defense Authoriza-
22
tion Act for Fiscal Year 2023 (Public Law
23
117–263; 10 U.S.C. 4811 note);
24
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(4) oversee data and databases related to De-
1
partment of Defense Supply Chain Risk Manage-
2
ment and the integration of such data and databases
3
across the Department of Defense, to include inte-
4
gration with commercial data sources;
5
(5) select and assign a sufficient number of
6
dedicated staff necessary for the Cell to effectively
7
manage the duties described in paragraphs (1)
8
through ( 4);
9
(6) consult with the Supply Chain Risk Man-
10
agement Threat Analysis Center at the Defense In-
11
telligence Agency; and
12
(7) any other authorities or duties necessary to
13
manage, direct, or otherwise coordinate Supply
14
Chain Risk Management activities and programs.
15
(c) EXCEPTIONS.—The Secretary of Defense shall
16
not delegate or assign to the Assistant Secretary of De-
17
fense for Industrial Base Policy authorities or duties that
18
explicitly relate to cybersecurity.
19
(d) IMPLEMENTATION.—Not later than 90 days after
20
the date on which the Cell described in subsection (a) is
21
established, the Secretary shall amend the Defense Fed-
22
eral Acquisition Regulation Supplement to support the es-
23
tablishment of the Cell and to implement the changes in
24
authorities and duties described in subsection (b).
25
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(e) BRIEFING REQUIRED.—Not later than 90 days
1
after the date of the enactment of this Act, the Secretary
2
shall provide a briefing to the congressional defense com-
3
mittees describing—
4
(1) estimated staffing and resources require-
5
ments to establish and operate the Cell;
6
(2) plans to reorganize existing offices and
7
functions throughout the Department to ensure the
8
Cell can carry out the authorities and duties de-
9
scribed in subsection (b);
10
(3) plans to provide resources to the Office of
11
the Assistant Secretary of Defense for Industrial
12
Base Policy for the purposes of establishing and op-
13
erating the Cell; and
14
(4) estimated timelines to consolidate in the
15
Cell the various authorities and duties described in
16
subsection (b).
17
SEC. 832. EXPANSION OF REVERSE ENGINEERING AUTHOR-
18
ITY FOR PROTOTYPE PROJECTS.
19
Section 4022(e)(5)(B) of title 10, United States
20
Code, is amended by striking ‘‘to address obsolescence’’.
21
SEC. 833. COMPETITION REQUIREMENT FOR CERTAIN MU-
22
NITIONS.
23
(a) PAC–3 ALTERNATIVE SOURCING.—Of the funds
24
authorized to be appropriated by this Act or otherwise
25
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made available for fiscal year 2027 for the Patriot Ad-
1
vanced Capability–3 (‘‘PAC–3’’) multiyear procurement
2
authorized by section 804(b) of the National Defense Au-
3
thorization Act for Fiscal Year 2026 (Public Law 119–
4
60), not more than 50 percent may be obligated or ex-
5
pended unless the Secretary of Defense certifies that at
6
least 40 percent of fiscal year 2027 procurement of the
7
Missile Segment Enhancement (MSE) solid rocket motors
8
is sourced from a secondary or additional qualified sup-
9
plier.
10
(b)
STANDARD
MISSILE–6
ALTERNATIVE
11
SOURCING.—The Secretary of Defense shall require the
12
Standard Missile–6 multiyear procurement authorized by
13
this Act and by section 804(b) of the National Defense
14
Authorization Act for Fiscal Year 2026 (Public Law 119–
15
60) to source Mark 72 and Mark 104 solid rocket motors
16
from more than one vendor by the following deadlines:
17
(1) Beginning in fiscal year 2028, 20 percent or
18
more solid rocket motors shall be ordered by the
19
prime contractor from a secondary or additional
20
qualified supplier.
21
(2) Beginning in fiscal year 2029, 30 percent or
22
more solid rocket motors shall be ordered by the
23
prime contractor from a secondary or additional
24
qualified supplier.
25
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(3) Beginning in fiscal year 2030, 40 percent or
1
more solid rocket motors shall be ordered by the
2
prime contractor from a secondary or additional
3
qualified supplier.
4
SEC. 834. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION
5
TO ADDRESS SOURCING AND INDUSTRIAL CA-
6
PACITY.
7
(a) ANALYSIS REQUIRED.—
8
(1) IN GENERAL.—The Secretary of Defense,
9
acting through the Under Secretary of Defense for
10
Acquisition and Sustainment and other appropriate
11
officials, shall review the list of items under sub-
12
section (b) to determine and develop appropriate ac-
13
tions to maintain access to critical defense industry
14
components and materials, including—
15
(A) restricting procurement, with appro-
16
priate waivers for cost, emergency require-
17
ments, and nonavailability of suppliers, includ-
18
ing restricting procurement to—
19
(i) suppliers in the United States;
20
(ii) suppliers in the national tech-
21
nology and industrial base (as defined in
22
section 4801 of title 10, United States
23
Code);
24
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(iii) suppliers in other allied or part-
1
ner nations; or
2
(iv) other suppliers;
3
(B) increasing investment through use of
4
research and development procurement activi-
5
ties and acquisition authorities, including the
6
Defense Production Act and the Industrial
7
Base Analysis and Sustainment program to—
8
(i) expand production capacity;
9
(ii) diversify sources of supply; or
10
(iii) promote alternative approaches
11
for addressing military requirements;
12
(C) prohibiting procurement from selected
13
sources or nations;
14
(D) taking a combination of actions de-
15
scribed under subparagraphs (A),(B), and (C);
16
or
17
(E) taking no action.
18
(2) CONSIDERATIONS.—The analyses conducted
19
pursuant to paragraph (1) shall consider national se-
20
curity, economic, and treaty implications, as well as
21
impacts on current and potential suppliers of goods
22
and services.
23
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(b) LIST OF HIGH-PRIORITY GOODS AND SERVICES
1
FOR ANALYSES, RECOMMENDATIONS, AND ACTIONS.—
2
The items described in this subsection are the following:
3
(1) Boron carbide.
4
(2) Copper foil, copper clad laminates, glass, or
5
any other copper-containing inputs for printed cir-
6
cuit boards.
7
(3) Synthetic diamond.
8
(4) Silicon carbide.
9
(c) BRIEFING ON ANALYSES, RECOMMENDATIONS,
10
AND ACTIONS.—Not later than February 1, 2027, the
11
Secretary of Defense shall submit to the Committees on
12
Armed Services of the Senate and the House of Represent-
13
atives—
14
(1) a summary of the findings of the analyses
15
undertaken for each item pursuant to subsection (a);
16
(2) relevant recommendations resulting from
17
the analyses, including any proposed statutory
18
changes to implement sourcing restrictions; and
19
(3) descriptions of specific activities undertaken
20
as a result of the analyses, including schedule and
21
resources allocated for any planned actions.
22
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SEC. 835. REGULATIONS APPLICABLE TO WEARING OP-
1
TIONAL COMBAT BOOTS.
2
(a) IN GENERAL.—Not later than two years after the
3
date of the enactment of this section, the Secretary of De-
4
fense shall issue regulations requiring that any optional
5
combat boots being sold at military exchanges be certified
6
by the combat boot quality assurance program conducted
7
by the relevant military service, to ensure combat boots
8
meet uniform regulations regarding durability, quality,
9
and uniform standards.
10
(b) WAIVER.—The Secretary of Defense may provide
11
a military service a waiver for subsection (a) for 90 days
12
until the combat boot quality assurance program is imple-
13
mented.
14
(c) DEFINITIONS.—In this section:
15
(1) The term ‘‘combat boot quality assurance
16
program’’ means the requirement in section 865(f)
17
of the National Defense Authorization Act for Fiscal
18
Year 2026 (Public Law 119–60; 10 U.S.C. 4811
19
note).
20
(2) The term ‘‘optional combat boots’’, with re-
21
spect to a member of the Armed Forces, means com-
22
bat boots not furnished to such member of the
23
Armed Forces by the Secretary of Defense.
24
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(3) The term ‘‘required uniform’’ means a uni-
1
form a member of the Armed Forces is required to
2
wear as a member of the Armed Forces.
3
SEC. 836. REPORT ON DOMESTIC NONAVAILABILITY DETER-
4
MINATIONS GRANTED FOR CRITICAL MATE-
5
RIALS.
6
Not later than May 1, 2027, the Under Secretary of
7
Defense for Acquisition and Sustainment shall submit to
8
the Committees on Armed Services of the Senate and the
9
House of Representatives a report on the issuance of do-
10
mestic nonavailability determinations (DNADs) for stra-
11
tegic and critical materials covered by sections 4863 and
12
4872 of title 10, United States Code. The report shall—
13
(1) identify all DNADs issued over the previous
14
5 years;
15
(2) identify whether DNADs were granted for
16
a specific program or end item or granted for a class
17
of material;
18
(3) assess the Department of Defense’s review
19
process for DNADs, including timeframes for ap-
20
proval and communication with industry; and
21
(4) describe any other matters the Under Sec-
22
retary determines relevant for issuing DNADs for
23
strategic and critical materials.
24
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SEC. 837. LIMITATION ON AVAILABILITY OF FUNDS PEND-
1
ING
INFORMATION
ON
THE
SMALL
UN-
2
MANNED
AIRCRAFT
SYSTEM
INDUSTRIAL
3
BASE.
4
Not more than 80 percent of the funds authorized
5
to be appropriated by this Act or otherwise made available
6
for fiscal year 2027 and available to the Defense Autono-
7
mous Warfare Group, and not more than 95 percent of
8
the funds authorized to be appropriated or otherwise made
9
available for fiscal year 2027 for operation and mainte-
10
nance, defense-wide, for the Office of the Secretary of De-
11
fense for travel expenses, may be obligated or expended
12
until—
13
(1) the report required under section 914(e)(1)
14
of the National Defense Authorization Act for Fiscal
15
Year 2026 (Public Law 119–60; 10 U.S.C. 4811
16
note) is submitted to the congressional defense com-
17
mittees; and
18
(2) the report required under section 162(c) of
19
the National Defense Authorization Act for Fiscal
20
Year 2025 (Public Law 118–159; 10 U.S.C. 4871
21
note) is submitted to the Committees on Armed
22
Services of the Senate and the House of Representa-
23
tives.
24
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SEC. 838. ENERGETICS INDUSTRIAL BASE ROADMAP.
1
(a) IN GENERAL.—Not later than March 1, 2027, the
2
Director of the Joint Energetics Transition Office, in co-
3
ordination with the Assistant Secretary of Defense for In-
4
dustrial Base Policy and the Secretaries of the military
5
departments, shall submit to the congressional defense
6
committees a roadmap for the future desired state for the
7
energetics industrial base.
8
(b) ELEMENTS.—The roadmap under subsection (a)
9
shall include the following elements:
10
(1) An assessment of the capacity and capa-
11
bility of the energetics industrial base to support the
12
demands of existing munitions programs of record.
13
(2) An assessment of the capacity and capa-
14
bility of the energetics industrial base to support
15
planned future demands of munitions programs.
16
(3) Identification of current and potential
17
shortfalls in common precursors and chemicals for
18
energetic materials.
19
(4) An assessment of emerging technologies or
20
manufacturing processes that would support the
21
modernization or evolution of the energetics indus-
22
trial base.
23
(5) A description of United States Government
24
funding to date for the energetics industrial base,
25
whether through programs of record or through De-
26
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fense Production Act (DPA) or Industrial Base
1
Analysis and Sustainment (IBAS) programs, broken
2
out by fiscal year and purpose.
3
(c) ENERGETIC MATERIALS DEFINED.—In this sec-
4
tion, the term ‘‘energetic materials’’ means critical chemi-
5
cals and formulations that—
6
(1) release large amounts of stored chemical en-
7
ergy; and
8
(2) are capable of being used as explosives, pro-
9
pellants, pyrotechnics, and reactive materials that—
10
(A) create lethal effects in warheads in ki-
11
netic weapons components and systems; or
12
(B) increase propellant performance in a
13
weapon propulsion system as related to lethal
14
effects, range, or speed.
15
SEC. 839. SUPPLY CHAIN, CAPABILITY, AND CAPACITY
16
STUDY OF HIGH-DEMAND ITEMS IN THE TEX-
17
TILE INDUSTRIAL BASE.
18
(a) IN GENERAL.—The Secretary of Defense shall
19
contract with a federally funded research and development
20
center to conduct a detailed assessment of the textile in-
21
dustrial base providing uniform items to the military serv-
22
ices. The review shall include—
23
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(1) a description of coordination between indus-
1
try and the military services to understand shortfalls
2
in the textile industrial base over the last five years;
3
(2) a description of the ability of the military
4
services to provide annual or long-term data for in-
5
creased stability in long-term contracting for textile
6
manufacturing;
7
(3) any requested domestic non-availability de-
8
terminations made to the Defense Logistics Agency
9
or the services and the rationale for the absence of
10
available domestic options;
11
(4) a review of Defense Logistics Agency con-
12
tracting processes, including the ability to provide
13
industry with long-term demand, Berry amendment
14
compliance, and responsiveness to the needs of the
15
military services;
16
(5) an assessment of the supply chains of all
17
Berry-compliant textiles and footwear options, in-
18
cluding current challenges, potential for surge capac-
19
ity, any investments in capital expenditures in the
20
last 10 years, data on sales over the last 10 years,
21
quality assurance procedures, testing, and qualifica-
22
tion procedures;
23
(6) a review of the military services specifica-
24
tions for textiles and footwear, including where spec-
25
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ifications are the limiting factor to higher quality
1
items or if changes in specification can improve
2
manufacturing timelines;
3
(7) a review of any allied or Trade Agreement
4
Act-compliant partnerships that could be expanded
5
to improve supply chain resilience;
6
(8) an assessment of the efficacy of the invest-
7
ments made under the automated textile manufac-
8
turing program under the Industrial Base Analysis
9
and Sustainment program, including any improve-
10
ments or best practices that could be implemented;
11
(9) an assessment of the importance of having
12
multiple supply lines in the textile industrial base
13
and the consequences of single points of failure; and
14
(10) any other matters determined to be rel-
15
evant to the review.
16
(b) DEADLINES.—
17
(1) FINAL ASSESSMENT.—Not later than Sep-
18
tember 30, 2028, the Secretary of Defense shall sub-
19
mit to the Committees on Armed Services of the
20
Senate and the House of Representatives the final
21
review required under subsection (a).
22
(2) BRIEFING.—Not later than May 1, 2027,
23
the Secretary of Defense shall provide to the Com-
24
mittees on Armed Services of the Senate and the
25
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House of Representatives a briefing with an initial
1
review of the scope of the assessment required under
2
subsection (a).
3
(c) AUTHORITY TO USE RELEVANT SUPPLY CHAIN
4
TECHNOLOGIES.—The federally funded research and de-
5
velopment center conducting the review under subsection
6
(a) may utilize any relevant supply chain technologies for
7
in-depth review of the textile industrial base.
8
SEC. 840. PILOT PROGRAM ON PROVIDING SUBSIDIES FOR
9
COMBAT BOOTS.
10
(a) IN GENERAL.—Not later than June 1, 2027, the
11
Secretary of the Army shall establish and implement a
12
pilot program to provide subsidies for the cost of certain
13
combat boots to members of the Army that receive a uni-
14
form allowance.
15
(b) SUBSIDY.—
16
(1) PAYMENT
OF
SUBSIDY.—Under the pilot
17
program required by subsection (a), the Secretary
18
shall establish a subsidy for an eligible member for
19
the purchase of combat boots that comply with the
20
requirements of section 4862 of title 10, United
21
States Code, in an amount that is equal to 30 per-
22
cent of the price of such boots.
23
(2) USE OF SUBSIDY.—A member who receives
24
the subsidy under paragraph (1) shall use the sub-
25
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sidy to purchase from the Army and Air Force Ex-
1
change Service not more than one pair of combat
2
boots that comply with the requirements of section
3
4862 of title 10, United States Code.
4
(c) ROLE OF EXCHANGE STORES.—
5
(1) SELECTION OF LOCATIONS.—The Secretary
6
shall select three military installations at which ex-
7
change stores operated by the Army and Air Force
8
Exchange Service are located to carry out the pilot
9
program required by subsection (a).
10
(2) PROVISION OF INFORMATION TO ARMY AND
11
AIR
FORCE
EXCHANGE
SERVICE.—The Secretary
12
shall provide information on eligible members to the
13
exchange stores at the installations selected under
14
paragraph (1).
15
(3) NOTICE; IMPLEMENTATION.—The Secretary
16
shall—
17
(A) in collaboration with the exchange
18
stores at the installations selected under para-
19
graph (1), provide appropriate notice to eligible
20
members with respect to the subsidy under sub-
21
section (b); and
22
(B) under the authority provided by sec-
23
tion 2491 of title 10, United States Code, reim-
24
burse each such store for—
25
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(i) the cost of the subsidies under sub-
1
section (b) provided by the store; and
2
(ii) any incidental marketing costs as-
3
sociated with the pilot program required by
4
subsection (a) incurred by the store.
5
(4) DATA COLLECTION.—
6
(A) COLLECTION
BY
SECRETARY.—The
7
Secretary shall collect data on—
8
(i) the total population of eligible
9
members; and
10
(ii) the overall cost of providing the
11
subsidy under subsection (b).
12
(B)
COLLECTION
BY
EXCHANGE
13
STORES.—The Secretary shall collect data from
14
the exchange stores at the installations selected
15
under paragraph (1) on—
16
(i) the rates of use of the subsidy
17
under subsection (b) on a quarterly and
18
annual basis; and
19
(ii) which combat boots are being pur-
20
chased with the subsidy.
21
(d) TERMINATION.—The pilot program required by
22
subsection (a) shall terminate on December 31, 2029.
23
(e) BRIEFINGS REQUIRED.—
24
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(1) IMPLEMENTATION.—Not later than March
1
1, 2027, the Secretary of the Army shall brief the
2
Committees on Armed Services of the Senate and
3
the House of Representatives on—
4
(A) a plan to establish and implement the
5
pilot program required by subsection (a); and
6
(B) the three military installations selected
7
under subsection (c)(1) to carry out the pilot
8
program.
9
(2) ANNUAL
BRIEFING.—Not later than one
10
year after the date of the enactment of this Act, and
11
annually thereafter until the termination under sub-
12
section (d) of the pilot program required by sub-
13
section (a), the Secretary shall brief the Committees
14
on Armed Services of the Senate and the House of
15
Representative on—
16
(A) the use of the subsidy provided under
17
subsection (b); and
18
(B) the data collected under subsection
19
(c)(4).
20
(f) ELIGIBLE MEMBER DEFINED.—The term ‘‘eligi-
21
ble member’’ means a member of the Army authorized to
22
receive a cash clothing replacement allowance under chap-
23
ter 29 of volume 7A of the Department of Defense Finan-
24
cial Management Regulation.
25
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SEC. 841. CROSS-FUNCTIONAL TEAM FOR THE TEXTILE IN-
1
DUSTRIAL BASE.
2
(a) IN GENERAL.—Not later than April 1, 2027, the
3
Secretary of Defense, in coordination with the Secretaries
4
of the military departments, shall institute a cross-func-
5
tional team on the textile industrial base to improve supply
6
chain stability and resiliency. The cross-functional team
7
shall meet not less than quarterly.
8
(b) MEMBERSHIP.—The cross-functional team shall
9
include representatives from—
10
(1) each military service;
11
(2) the Defense Logistics Agency; and
12
(3) the Office of the Secretary of Defense for
13
Industrial Base Policy.
14
(c) RESPONSIBILITIES.—The cross-functional team
15
instituted under subsection (a) shall map the textile indus-
16
trial base for the service specific requirements and deter-
17
mine which, if any, resiliency measures need to be taken.
18
(d) COMPETITIVE PILOT PROGRAM.—
19
(1) IN GENERAL.—Not later than January 1,
20
2028, the cross-functional team shall establish a
21
competitive pilot program to revitalize supply chains
22
in the domestic textile industrial base.
23
(2) COMPETITIVE SOLICITATION.—The program
24
established under paragraph (1) shall establish com-
25
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petitive solicitation for industrial base analysis and
1
sustainment funding to encourage—
2
(A) surge capacity as required by supply
3
chain mapping;
4
(B) modernization of relevant textile indus-
5
trial facilities for vertical integration or flexible
6
manufacturing;
7
(C) expansion and qualification of second
8
or alternative sources of supply where single
9
points of failure exist in the industrial base;
10
(D) prioritization of urgent service uniform
11
requirements; and
12
(E) expansion of competition to ensure
13
higher quality products and improved pricing.
14
(3) BRIEFING.—The Office of the Secretary of
15
Defense for Industrial Base Policy, in coordination
16
with the members of the cross-functional team insti-
17
tuted under subsection (a), shall brief the congres-
18
sional defense committees—
19
(A) not later than 60 days after initial
20
stand up of the cross-functional team, on mem-
21
bership, meeting schedule, and priorities;
22
(B) not later than 90 days after the com-
23
pletion of initial supply chain mapping, on sin-
24
gle points of failure, opportunities for surge ca-
25
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pacity, and concerns regarding foreign invest-
1
ment or influence; and
2
(C) annually, on the resources required to
3
create competition and supply chain resiliency
4
necessary in the competitive pilot program,
5
progress made on supply chain mapping, and
6
any other matters relevant to the cross-func-
7
tional team.
8
SEC. 842. ASSESSING AND ADDRESSING RISK RELATED TO
9
ADVERSARIAL CAPITAL.
10
(a) DESIGNATION.—Not later than March 1, 2027,
11
the Secretary of Defense shall designate, within the As-
12
sistant Secretary of Defense for Industrial Base Policy,
13
an office with primary responsibility for identifying, as-
14
sessing, monitoring, and mitigating risks related to adver-
15
sarial capital in the defense industrial base and broader
16
defense innovation base. The Secretary shall ensure the
17
office assigned is responsible for carrying out the following
18
functions:
19
(1) COLLABORATION TO IDENTIFY AND MITI-
20
GATE RISKS OF ADVERSARIAL CAPITAL.—The fol-
21
lowing activities related to collaborating to identify
22
and mitigate risks of adversarial capital:
23
(A) Promoting robust collaboration across
24
the Department of Defense, other Federal
25
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agencies, industry, and academia by coordi-
1
nating, deconflicting, and synchronizing, adver-
2
sarial capital risk management activities, in-
3
cluding mitigations.
4
(B) Promulgating and enforcing Depart-
5
ment-wide policy related to the monitoring and
6
assessment of adversarial capital in the defense
7
industrial base ecosystem, including the devel-
8
opment of risk matrices to support decision
9
making.
10
(C) Facilitating timely sharing of threat
11
information, vulnerability assessments, and risk
12
indicators with covered defense industrial base
13
entities.
14
(D) Establishing cooperative research and
15
development agreements to support joint sup-
16
plier mapping and mitigation research.
17
(E) Working through the Office of Stra-
18
tegic Capital and service and component acqui-
19
sition executives to provide targeted support to
20
small and medium-sized defense industrial base
21
entities in implementing effective supply chain
22
risk management measures.
23
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(2) ADVERSARIAL CAPITAL IDENTIFICATION.—
1
The following activities related adversarial capital
2
identification:
3
(A) Mapping adversarial capital flows for
4
mission-critical weapons systems, technologies,
5
and materials.
6
(B) Identifying and monitoring depend-
7
encies on foreign adversaries across the defense
8
industrial base by identifying foreign adversary-
9
controlled nodes, single points of failure, and
10
critical chokepoints and tactics, techniques, and
11
procedures.
12
(C) Providing specific recommendations to
13
Secretary of Defense on actions or policies nec-
14
essary to reduce adversarial capital flows for
15
mission-critical weapons systems, technologies,
16
and materials.
17
(3) DATA
SHARING
AND
PROTECTION
PATH-
18
WAYS.—The following activities related to data shar-
19
ing and protection pathways:
20
(A) Working with industry to develop clear
21
legal, contractual, and technical procedures to
22
support and enable contractor disclosures of
23
sub-tier sourcing and beneficial ownership data
24
relevant to national security.
25
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(B) Protecting this data ensuring appro-
1
priate liability protections for contractors mak-
2
ing good-faith disclosures.
3
(C) Implementing a voluntary risk-sharing
4
framework, modeled on the protections provided
5
under section 104 of the Cybersecurity Infor-
6
mation Sharing Act of 2015 (6 U.S.C. 1503),
7
under which industry partners may share sup-
8
plier risk information and receive validated risk
9
assessments in return, with safeguards for pro-
10
prietary data.
11
(4) ECONOMIC SECURITY RISK ASSURANCE CA-
12
PABILITY.—The establishment, not later than Janu-
13
ary 1, 2028, and maintenance of a capability to be
14
known as the ‘‘Economic Security Risk Assurance’’
15
capability, which shall—
16
(A) consolidate and analyze information re-
17
lated to adversarial capital flows, materials,
18
supplier identifiers, sourcing data, program-
19
supplier linkages, and other information as de-
20
termined by the office, including the synthesis
21
of commercially available information and,
22
where appropriate, classified information;
23
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(B) develop intelligence reporting and col-
1
lection requirements for the defense intelligence
2
community;
3
(C) support analysis of entities to deter-
4
mine when tactics are used to obfuscate the
5
ownership relationships to hide adversarial cap-
6
ital flows;
7
(D) provide risk visualization;
8
(E) enable federated access by authorized
9
program offices and acquisition decision au-
10
thorities, and supply chain illumination pro-
11
grams across the Department; and
12
(F) enable the office to better perform the
13
responsibilities outlines in paragraphs (1)
14
through (3) of this section.
15
(5) AUTOMATED RISK MANAGEMENT.—The fol-
16
lowing activities related to automated risk manage-
17
ment:
18
(A) Implementing and maintaining contin-
19
uous automated monitoring for changes in cor-
20
porate control, beneficial ownership, geographic
21
sourcing, and supply chain structure.
22
(B) Issuing automated alerts to con-
23
tracting authorities, program leadership, and
24
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affected industry upon detection of significant
1
risk indicators.
2
(C) Applying corroboration protocols re-
3
quiring validation of significant risk findings
4
across not fewer than two independent data
5
sources before forming the basis for risk-tier
6
elevation, mitigation action, or referral to ap-
7
propriate law enforcement or regulatory au-
8
thorities.
9
(b) REPORTING REQUIREMENTS.—
10
(1) INITIAL
ESTABLISHMENT.—The Secretary
11
shall provide the congressional defense committees
12
notification of the designation of office with primary
13
responsibility in accordance with subsection (a) and
14
the establishment of the Economic Security Risk As-
15
surance tool in accordance with subsection (a)(4).
16
(2) ANNUAL BRIEFING.—Beginning on Decem-
17
ber 1, 2027, and each year after for the next three
18
years, the Secretary shall provide the congressional
19
defense committees an annual report on activities,
20
analysis, and findings of the office with primary re-
21
sponsibility for assessing and mitigating risks re-
22
lated to adversarial capital. The report may be pro-
23
vided in classified form and may include any rec-
24
ommendations the Secretary may have to reduce or
25
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further mitigate risks related to adversarial capital
1
in the defense industrial base and broader defense
2
innovation base.
3
SEC. 843. MODIFICATIONS TO REQUIREMENT FOR PUBLIC
4
REPORTING OF CHINESE MILITARY COMPA-
5
NIES OPERATING IN THE UNITED STATES.
6
Section 1260H of the William M. (Mac) Thornberry
7
National Defense Authorization Act for Fiscal Year 2021
8
(Public Law 116–283; 10 U.S.C. 113 note) is amended—
9
(1) in subsection (a), by striking ‘‘, based on
10
the most recent information available,’’;
11
(2) in subsection (b)—
12
(A) in paragraph (3)(A), by striking
13
‘‘based on the latest information available’’; and
14
(B) by striking paragraph (4);
15
(3) by amending subsection (e) to read as fol-
16
lows:
17
‘‘(e) REGULATIONS.—The Secretary of Defense shall
18
prescribe regulations to implement this section.’’; and
19
(4) in subsection (g)—
20
(A) by redesignating paragraphs (2), (3),
21
(4), and (5) as paragraphs (4), (11), (16), and
22
(20), respectively;
23
(B) by inserting after paragraph (1) the
24
following new paragraphs:
25
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‘‘(2)
ASSISTANCE.—The
term
‘assistance’
1
means the provision of any benefit, including mone-
2
tary compensation in the form of grants, loans, sub-
3
sidies, tax benefits, real property, tangible or intan-
4
gible property, discounts, employees, sponsored re-
5
search, or any other preferential treatment.
6
‘‘(3) ASSOCIATION.—The term ‘association’
7
means a group of two or more entities connected for
8
a common interest.’’;
9
(C) in paragraph (4), as redesignated by
10
subparagraph (A), by amending subparagraph
11
(C) to read as follows:
12
‘‘(C) includes a wholly owned or wholly
13
controlled subsidiary or wholly owned or wholly
14
controlled affiliate of a parent entity or an enti-
15
ty described in subparagraph (B).’’;
16
(D) by inserting after paragraph (4), as so
17
redesignated, the following new paragraphs:
18
‘‘(5) CONTRIBUTOR TO CHINESE DEFENSE IN-
19
DUSTRIAL BASE.—The term ‘contributor to the Chi-
20
nese defense industrial base’—
21
‘‘(A) means an entity that manufactures,
22
produces, exports, or provides materials, prod-
23
ucts, or services that—
24
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‘‘(i) can supply, service, or expand
1
China’s military-civil fusion strategy; or
2
‘‘(ii) could be used for military or de-
3
fense purposes by—
4
‘‘(I) Chinese military and para-
5
military elements, security forces, po-
6
lice, law enforcement, border control,
7
the People’s Armed Police, or the
8
Ministry of State Security; or
9
‘‘(II) any other organization sub-
10
ordinate to the Central Military Com-
11
mission of the Chinese Communist
12
Party, the Chinese Ministry of Indus-
13
try and Information Technology, the
14
State-Owned Assets Supervision and
15
Administration Commission of the
16
State Council, or the State Adminis-
17
tration of Science, Technology, and
18
Industry for National Defense; and
19
‘‘(B) may include manufacturing, pro-
20
ducing, exporting, or providing materials, prod-
21
ucts, or services that have a substantial military
22
application, even if—
23
‘‘(i) the particular technology, prod-
24
uct, or service is not directly supplied to or
25
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used by an entity described in subclause
1
(I) or (II) of subparagraph (A)(ii); and
2
‘‘(ii) the particular technology, prod-
3
uct, or service also has commercial uses.
4
‘‘(6) DIRECTLY
CONTROLLED
BY.—The term
5
‘directly controlled by’, with respect to an entity,
6
means that another entity exercises power over, in-
7
fluences, manages, or guides the business decisions
8
or operations of the entity.
9
‘‘(7) FORMAL ASSOCIATION.—The term ‘formal
10
association’ includes established or recognized rela-
11
tionships between entities, such as joint ventures,
12
standardization or working groups, task forces, con-
13
sortiums, or partnerships and projects.
14
‘‘(8) INDIRECTLY CONTROLLED BY.—The term
15
‘indirectly controlled by’, with respect to an entity,
16
means that another entity exercises power, influence,
17
management, or guidance over the business decisions
18
or operations of the entity through an intermediate
19
entity, subsidiary, or affiliate entity.
20
‘‘(9) INDIRECTLY OWNED BY.—The term ‘indi-
21
rectly owned by’, with respect to an entity, means
22
ownership of the entity achieved through investment
23
in, or the purchase of shares or economic or voting
24
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rights in, the entity through an intermediate entity,
1
subsidiary, or affiliate entity, without regard to—
2
‘‘(A) the percentage of ownership or num-
3
ber of shares owned; or
4
‘‘(B) whether such ownership results in
5
control of the entity.
6
‘‘(10) INFORMAL ASSOCIATION.—The term ‘in-
7
formal association’ means a lesser recognized, short-
8
term relationship between entities, such as participa-
9
tion in exhibitions, competitions, or joint demonstra-
10
tions.’’;
11
(E) in paragraph (11), as redesignated by
12
subparagraph (A)—
13
(i) by redesignating subparagraphs
14
(B) through (H) as subparagraphs (C)
15
through (I), respectively; and
16
(ii) by striking subparagraph (A) and
17
inserting the following new paragraphs:
18
‘‘(A) Entities knowingly receiving assist-
19
ance or that knowingly received assistance from
20
the Government of China or the Chinese Com-
21
munist Party through science, technology, re-
22
search, and industrial efforts that may con-
23
stitute efforts initiated, granted, or created by,
24
provided under, or related to, the Chinese mili-
25
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tary industrial planning apparatus, or in fur-
1
therance of Chinese military industrial planning
2
objectives. ‘Single Champion’ or ‘Little Giant’
3
designations associated with Chinese industrial
4
planning, or any other successor selection or
5
designation as an enterprise associated with
6
Chinese industrial planning, may constitute
7
knowing receipt of assistance through science,
8
technology, research, and industrial efforts ini-
9
tiated, granted, or created by, provided under,
10
or related to, the Chinese military industrial
11
planning apparatus or in furtherance of Chinese
12
military industrial planning objectives or mili-
13
tary-civil fusion efforts.
14
‘‘(B) Entities that knowingly contract
15
with, or provide services or components to (in-
16
cluding as lower tier suppliers and subcontrac-
17
tors)—
18
‘‘(i) the People’s Liberation Army,
19
Chinese military and paramilitary ele-
20
ments, security forces, police, law enforce-
21
ment, border control, the People’s Armed
22
Police, or the Ministry of State Security;
23
or
24
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‘‘(ii) any other organization subordi-
1
nate to the Central Military Commission of
2
the Chinese Communist Party, the Chinese
3
Ministry of Industry and Information
4
Technology, the State-Owned Assets Su-
5
pervision and Administration Commission
6
of the State Council, or the State Adminis-
7
tration of Science, Technology, and Indus-
8
try for National Defense.’’;
9
(F) by inserting after paragraph (11), as
10
so redesignated, the following new paragraphs:
11
‘‘(12) MILITARY-CIVIL
FUSION
ENTERPRISE
12
ZONE.—The term ‘military-civil fusion enterprise
13
zone’ means a section of territory established by the
14
Government of China for the purpose of advancing
15
China’s policy of military-civil fusion through eco-
16
nomic activity.
17
‘‘(13) MILITARY
EQUIPMENT
PROCUREMENT
18
PLATFORM.—The term ‘military equipment procure-
19
ment platform’ means a digital marketplace that ad-
20
vertises or sells equipment, supplies, or services to
21
the military or military suppliers and that are ulti-
22
mately used by the Chinese military or the Chinese
23
defense industrial base, without regard to whether
24
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the platform is established, sponsored, or run by a
1
private entity or the Government of China.
2
‘‘(14) MILITARY INDUSTRIAL PLANNING APPA-
3
RATUS.—The term ‘military industrial planning ap-
4
paratus’ means efforts or policies initiated by the
5
Government of China to expand the Chinese defense
6
industrial base, including military-civil fusion inte-
7
gration of dual-use products, technologies, or serv-
8
ices.
9
‘‘(15) MILITARY INDUSTRIAL PLANNING OBJEC-
10
TIVE.—The term ‘military industrial planning objec-
11
tive’ means a line of effort (such as a plan, mission,
12
or goal) outlined by the Government of China to ex-
13
pand the Chinese defense industrial base, including
14
by integrating dual-use products, technologies, or
15
services into military equipment, programs, or sys-
16
tems.’’; and
17
(G) by inserting after paragraph (16), as
18
redesignated by subparagraph (A), the following
19
new paragraphs:
20
‘‘(17) OPERATIONAL DIRECTION; POLICY GUID-
21
ANCE.—The terms ‘operational direction’ and ‘policy
22
guidance’ mean instructions, decisions, proposals,
23
plans, guidance, or requirements on how an entity
24
should conduct operations.
25
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‘‘(18) OWNED BY.—The term ‘owned by’, with
1
respect to an entity, mean ownership of the entity
2
achieved through investment in, or the purchase of
3
shares or economic or voting rights in, the entity,
4
without regard to—
5
‘‘(A) the percentage of ownership or num-
6
ber of shares owned; or
7
‘‘(B) whether such ownership results in
8
control of the entity.
9
‘‘(19) PARENT ENTITY.—The term ‘parent enti-
10
ty’, with respect to an entity, means another entity
11
that directly or indirectly holds at least 50 percent
12
of the economic interest or at least 50 percent of the
13
voting interest in the entity.’’.
14
SEC. 844. AMENDMENTS TO REQUIREMENTS PERTAINING
15
TO PRINTED CIRCUIT BOARDS.
16
(a) IN GENERAL.—Section 4873 of title 10, United
17
States Code, is amended—
18
(1) in subsection (a)(1), by inserting ‘‘, copper
19
clad laminate, copper foil, or glass’’ after ‘‘printed
20
circuit board’’; and
21
(2) in subsection (c)—
22
(A) in paragraph (2), by striking ‘‘that—
23
’’ and inserting ‘‘containing copper foil, copper
24
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clad laminates, glass, or any other copper-con-
1
taining inputs that—’’; and
2
(B) by adding at the end the following new
3
paragraphs:
4
‘‘(7) COPPER
CLAD
LAMINATE.— The term
5
‘copper clad laminate’ means a composite material
6
consisting of copper foil bonded to a dielectric sub-
7
strate used in the manufacture of printed circuit
8
boards.
9
‘‘(8) COPPER
FOIL.—The term ‘copper foil’
10
means thin sheets of copper used as a conductive
11
layer in copper clad laminates or printed circuit
12
boards.
13
‘‘(9) GLASS.—The term ‘glass’ means glass fi-
14
bers used as a dielectric in copper clad laminates or
15
printed circuit boards.’’.
16
(b) EFFECTIVE DATE.—The amendments made by
17
subsection (a) shall take effect on January 1, 2029.
18
SEC. 845. REPORT ON THE FEASIBILITY AND ADVISABILITY
19
OF ESTABLISHING A STRATEGIC PARTNER-
20
SHIP ON DEFENSE INDUSTRIAL PRIORITIES
21
BETWEEN THE UNITED STATES AND ISRAEL.
22
(a) IN GENERAL.—Not later March 30, 2027, the
23
Secretary of Defense shall submit to the Committees on
24
Armed Services of the Senate and the House of Represent-
25
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atives a report with a plan for the establishment of a part-
1
nership between the Department of Defense and appro-
2
priate counterparts of the Government of Israel in order—
3
(1) to enhance market opportunities for United
4
States-based and Israeli-based defense technology
5
companies;
6
(2) to increase interoperability through dual-use
7
and emerging technologies;
8
(3) to counter adversarial development of dual-
9
use defense technologies; and
10
(4) in coordination with appropriate counter-
11
part offices of the Israeli Ministry of Defense—
12
(A) to enable coordination on defense in-
13
dustrial priorities and set tangible goals for in-
14
dustrial base participation by both nations;
15
(B) to highlight partnering opportunities
16
for programs in both nations, and to help navi-
17
gate country-specific acquisition regulations for
18
partners unfamiliar with the regulatory environ-
19
ment of the other;
20
(C) to streamline emerging defense tech-
21
nology research and development;
22
(D) to create more effective pathways to
23
market for defense technology startups that
24
allow increased participation in industrial part-
25
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ners from each nation in the industrial bases of
1
the other;
2
(E) to collaborate on the development of
3
dual-use defense capabilities through coordina-
4
tion; and
5
(F) to leverage other private capital, equity
6
on venture funding opportunities to augment
7
government funds for technology deployment or
8
scaling;
9
(5) to create programs that incentivize defense
10
technology companies from both nations to address
11
defense priorities outside of the Middle East; and
12
(6) to explore innovative mentor-prote´ge´ ar-
13
rangements that partner companies from each na-
14
tion to help navigate the acquisition regulatory envi-
15
ronment of each nation.
16
(b) FEASIBILITY ASSESSMENT.—The report required
17
under subsection (a) shall include an assessment of the
18
feasibility of implementing the plan.
19
(c) BRIEFING.—Not later than 30 days after the sub-
20
mission of the report required under subsection (a), the
21
Secretary of Defense shall brief the Committees on Armed
22
Services of the Senate and the House of Representatives
23
on the report’s recommendations on feasibility of a part-
24
nership on defense industrial base priorities.
25
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SEC. 846. PROHIBITION ON THE USE OF CHINESE-MANU-
1
FACTURED OPTICAL FIBER BY THE DEPART-
2
MENT OF DEFENSE.
3
(a) PROHIBITION.—The Secretary of Defense may
4
not procure, obtain, or use optical fiber and optical fiber
5
cable that are produced, manufactured, or assembled by
6
an entity that is owned by, controlled by, or subject to
7
the jurisdiction or direction of the People’s Republic of
8
China for use in Department of Defense information net-
9
works or communications systems.
10
(b) APPLICABILITY.—This section applies to—
11
(1) the Department of Defense; and
12
(2) any contractor or subcontractor at any tier
13
that procures or uses covered optical fiber in the
14
performance of a contract with the Department of
15
Defense.
16
(c) COVERED OPTICAL FIBER DEFINED.—In this
17
section, the term ‘‘covered optical fiber’’ means single-
18
mode or multi-mode optical fiber and optical fiber cable.
19
(d) IMPLEMENTATION.—Not later than 180 days
20
after the date of the enactment of this Act, the Secretary
21
of Defense shall amend the Defense Federal Acquisition
22
Regulation Supplement to require contractor certification
23
and supply-chain disclosure with respect to covered optical
24
fiber.
25
(e) WAIVER AUTHORITY.—
26
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(1) IN
GENERAL.—The Secretary of Defense
1
may grant a waiver to the prohibition under sub-
2
section (a) on a case-by-case basis if the Secretary
3
determines that—
4
(A) the waiver is necessary for the national
5
security interests of the United States; and
6
(B) no practicable alternative exists from a
7
source not described in subsection (a).
8
(2) LIMITATION.—A waiver granted under this
9
subsection shall be time limited and scoped to the
10
minimum extent necessary.
11
(3) NOTICE.—Not later than 30 days after
12
granting a waiver, the Secretary shall submit written
13
notice to the congressional defense committees de-
14
scribing—
15
(A) the justification for the waiver;
16
(B) the duration and scope of the waiver;
17
and
18
(C) the plan to transition to compliant ma-
19
terials.
20
(f) EFFECTIVE DATE.—This section shall apply to
21
contracts awarded on or after October 1 of the first fiscal
22
year beginning after the date of the enactment of this Act.
23
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SEC. 847. PROMOTING THE UNITED STATES DRONE INDUS-
1
TRIAL BASE.
2
Section 848(a)(1) of the National Defense Authoriza-
3
tion Act for Fiscal Year 2020 (Public Law 116–92; 10
4
USC 4871 note) is amended—
5
(1) by amending subparagraph (B) to read as
6
follows:
7
‘‘(B) uses flight controllers, radios, com-
8
munication devices, navigation systems, data
9
transmission devices, cameras and sensors, or
10
gimbals manufactured in a covered foreign
11
country or by an entity domiciled in a covered
12
foreign country;’’;
13
(2) by redesignating subparagraphs (C) and
14
(D) as subparagraphs (D) and (E), respectively;
15
(3) by inserting after subparagraph (B) the fol-
16
lowing new subparagraph:
17
‘‘(C) uses batteries, battery cells, battery
18
management systems, motors, or electronic
19
speed controllers developed in a covered foreign
20
country or by an entity domiciled in a covered
21
foreign country;’’;
22
(4) in subparagraph (D), as so redesignated, by
23
striking ‘‘; or’’ and inserting a semicolon; and
24
(5) by inserting after subparagraph (E), as so
25
redesignated, the following new subparagraph:
26
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‘‘(F) beginning one year after the date of
1
the enactment of this subparagraph, uses any
2
subcomponents or raw materials, as part of a
3
component listed in subsections (B) through
4
(E) of this section, sourced from, processed in,
5
or manufactured in a covered foreign country or
6
by an entity domiciled in a covered foreign
7
country; or’’.
8
SEC. 848. PILOT PROGRAM FOR DOMESTIC ANTIMONY AND
9
COPPER PRODUCTION FOR DEFENSE APPLI-
10
CATIONS.
11
(a) ESTABLISHMENT.—Not later than 180 days after
12
the date of the enactment of this Act, the Secretary of
13
Defense shall establish a pilot program to support the re-
14
covery of antimony and copper as byproducts of mineral
15
production in the United States.
16
(b) ELEMENTS.—The pilot program required by sub-
17
section (a) shall include methods—
18
(1) to evaluate multiple processes and tech-
19
niques for recovery of antimony and copper as by-
20
products of mineral production;
21
(2) to develop process design plans necessary
22
for scaling recovery of antimony and copper to dem-
23
onstration-level production;
24
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(3) to generate sample material for independent
1
testing to verify suitability for defense applications;
2
and
3
(4) to produce qualified antimony material that
4
meets specifications provided by the Defense Logis-
5
tics Agency.
6
(c) CONTRACTING AUTHORITY.—The Secretary may
7
enter into contracts, cooperative agreements, or other
8
transactions with appropriate entities to implement the
9
pilot program required by subsection (a).
10
(d) TERMINATION.—The pilot program required by
11
subsection (a) shall terminate not later than five years
12
after the date of the enactment of this Act.
13
(e) REPORT TO CONGRESS.—
14
(1) IN
GENERAL.—Not later than one year
15
after the date of the enactment of this Act, and an-
16
nually thereafter for the next four years, the Sec-
17
retary shall submit to the congressional defense com-
18
mittees a report on the status and findings of the
19
pilot program required by subsection (a).
20
(2) ELEMENTS.—Each report required by para-
21
graph (1) shall include—
22
(A) a summary of the progress made
23
under the pilot program required by subsection
24
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(a) with respect to recovery and processing of
1
antimony and copper;
2
(B) technical and economic assessments
3
with respect to such recovery; and
4
(C) recommendations for expanding do-
5
mestic antimony and copper production and re-
6
ducing dependency on foreign sources of anti-
7
mony and copper.
8
SEC. 849. FULL ACCOUNTABILITY FOR CHINESE MILITARY
9
COMPANIES.
10
Section 1260H of the National Defense Authoriza-
11
tion Act for Fiscal Year 2021 (Public Law 116–283; 10
12
U.S.C. 113 note) is amended—
13
(1) in subsection (a), by striking ‘‘, based on
14
the most recent information available, is operating
15
directly or indirectly in the United States or any of
16
its territories and possessions,’’;
17
(2) in subsection (b)—
18
(A) in paragraph (1), by striking ‘‘2030’’
19
and inserting ‘‘2035’’; and
20
(B) by striking paragraph (4);
21
(3) by amending subsection (e) to read as fol-
22
lows:
23
‘‘(e) REGULATIONS.—The Secretary of Defense shall
24
prescribe regulations to implement this section.’’; and
25
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(4) in subsection (g)—
1
(A) by amending paragraph (2)(C) to read
2
as follows:
3
‘‘(C) includes a majority-owned or major-
4
ity-controlled subsidiary or majority-owned or
5
majority-controlled affiliate of a parent entity
6
or an entity described in subparagraph (B);’’;
7
and
8
(B) in paragraph (3)—
9
(i) by amending subparagraph (A) to
10
read as follows:
11
‘‘(A) Entities knowingly receiving assist-
12
ance or that knowingly received assistance from
13
the Government of China or the Chinese Com-
14
munist Party through science, technology, re-
15
search, and industrial efforts that may con-
16
stitute efforts initiated, granted, or created by,
17
or provided under, or related to, the Chinese
18
military industrial planning apparatus, or in
19
furtherance of Chinese military industrial plan-
20
ning objectives. ‘Single Champion’ or ‘Little
21
Giant’ designations associated with Chinese in-
22
dustrial planning, or any other successor selec-
23
tion or designation as an enterprise associated
24
with Chinese industrial planning, may con-
25
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stitute knowing receipt of assistance through
1
science, technology, research, and industrial ef-
2
forts initiated, granted, or created by, or pro-
3
vided under, or related to, the Chinese military
4
industrial planning apparatus, or in furtherance
5
of Chinese military industrial planning objec-
6
tives or military-civil fusion efforts.’’;
7
(ii) by redesignating subparagraph
8
(H) as subparagraph (J);
9
(iii) by redesignating subparagraphs
10
(B) through (G) as subparagraphs (C)
11
through (H);
12
(iv) by inserting after subparagraph
13
(A) the following new subparagraph:
14
‘‘(B) Entities that knowingly contract
15
with, or provide services or components, which
16
can include lower tier suppliers and subcontrac-
17
tors, to the People’s Liberation Army, Chinese
18
military and paramilitary elements, security
19
forces, police, law enforcement, border control,
20
the People’s Armed Police, the Ministry of
21
State Security, or any other organization subor-
22
dinate to the Central Military Commission of
23
the Chinese Communist Party, the Chinese
24
Ministry of Industry and Information Tech-
25
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nology, the State-Owned Assets Supervision and
1
Administration Commission of the State Coun-
2
cil, or the State Administration of Science,
3
Technology, and Industry for National De-
4
fense.’’; and
5
(v) by inserting after subparagraph
6
(H), as redesignated by clause (ii), the fol-
7
lowing new subparagraph:
8
‘‘(I) Majority-owned or majority-
9
controlled subsidiaries or majority-
10
owned or majority-controlled affiliates
11
of entities described in subparagraphs
12
(A) through (G).’’; and
13
(C) by adding at the end the following new
14
paragraphs:
15
‘‘(6)
ASSISTANCE.—The
term
‘assistance’
16
means benefits from the Government of China, in-
17
cluding monetary compensation in the form of
18
grants, loans, subsidies, tax benefits, real property,
19
tangible or intangible property, discounts, employees,
20
sponsored research, or any other preferential treat-
21
ment.
22
‘‘(7) ASSOCIATION.—The term ‘association’
23
means a group of two or more entities connected for
24
a common interest.
25
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‘‘(8) CONTRIBUTOR TO CHINESE DEFENSE IN-
1
DUSTRIAL BASE.—The term ‘contributor to the Chi-
2
nese defense industrial base’—
3
‘‘(A) means an entity that manufactures,
4
produces, exports, or provides materials, prod-
5
ucts, or services that can supply, service, or ex-
6
pand China’s military-civil fusion strategy or
7
that could be used by Chinese military and
8
paramilitary elements, security forces, police,
9
law enforcement, border control, the People’s
10
Armed Police, the Ministry of State Security, or
11
any other organization subordinate to the Cen-
12
tral Military Commission of the Chinese Com-
13
munist Party, the Chinese Ministry of Industry
14
and Information Technology, the State-Owned
15
Assets Supervision and Administration Commis-
16
sion of the State Council, or the State Adminis-
17
tration of Science, Technology, and Industry for
18
National Defense for military or defense pur-
19
poses; and
20
‘‘(B) includes manufacturing, producing,
21
exporting, or providing materials, products, or
22
services that have a substantial military appli-
23
cation, even if the particular technology, prod-
24
uct, or service is not directly supplied to or used
25
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by the Chinese military or defense and even if
1
the particular technology, product, or service
2
also has commercial uses.
3
‘‘(9) DIRECTLY
CONTROLLED
BY.—The term
4
‘directly controlled by’ means exercising power over,
5
influencing, managing, or guiding an entity’s busi-
6
ness decisions or operations.
7
‘‘(10) FORMAL ASSOCIATION.—The term ‘for-
8
mal association’ includes established or recognized
9
relationships, such as joint ventures, standardization
10
or working groups, task forces, consortiums, or part-
11
nerships and projects with an entity identified in
12
subsection (b)(1).
13
‘‘(11)
INDIRECTLY
CONTROLLED
BY.—The
14
term ‘indirectly controlled by’ means power, influ-
15
ence, management, or guidance of an entity’s busi-
16
ness decisions or operations through an intermediate
17
entity, subsidiary, or affiliate entity.
18
‘‘(12) INDIRECTLY OWNED BY.—The term ‘in-
19
directly owned by’ means ownership achieved
20
through investment in, or the purchase of, shares or
21
economic or voting rights of an entity through an in-
22
termediate entity, subsidiary, or affiliate entity, re-
23
gardless of the percentage of ownership or number
24
of shares owned. Indirect ownership by any entity
25
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identified in subsection (b)(1) does not require that
1
such entity hold control of another entity through its
2
ownership.
3
‘‘(13) INFORMAL ASSOCIATION.—The term ‘in-
4
formal association’ means a lesser-recognized, short-
5
term relationship, such as participation in exhibi-
6
tions, competitions, or joint demonstrations with any
7
entity identified in subsection (b)(1).
8
‘‘(14) MILITARY-CIVIL
FUSION
ENTERPRISE
9
ZONE.—The term ‘military-civil fusion enterprise
10
zone’ means a section of territory established by the
11
Government of China for the purpose of advancing
12
China’s policy of military-civil fusion through eco-
13
nomic activity.
14
‘‘(15) MILITARY
EQUIPMENT
PROCUREMENT
15
PLATFORMS.—The term ‘military equipment pro-
16
curement platforms’ means a digital marketplace
17
that advertises or sells equipment, supplies, or serv-
18
ices to the military or military suppliers. A digital
19
marketplace can be established by, sponsored by, or
20
run by private entities or the government of China
21
to advertise and sell equipment, supplies, or services
22
that are ultimately used by the Chinese military or
23
the Chinese defense industrial base.
24
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‘‘(16) MILITARY INDUSTRIAL PLANNING APPA-
1
RATUS.—The term ‘military industrial planning ap-
2
paratus’ means efforts or policies initiated by the
3
Chinese government to expand the Chinese defense
4
industrial base, including military-civil fusion inte-
5
gration of dual-use products, technologies, or serv-
6
ices.
7
‘‘(17) MILITARY INDUSTRIAL PLANNING OBJEC-
8
TIVES.—The term ‘military industrial planning ob-
9
jectives’ means lines of effort (such as plans, mis-
10
sions, or goals) outlined by the Chinese government
11
to expand the Chinese defense industrial base, in-
12
cluding by integrating dual-use products, tech-
13
nologies, or services into military equipment, pro-
14
grams, or systems.
15
‘‘(18) OPERATIONAL GUIDANCE; POLICY GUID-
16
ANCE.—The terms ‘operational guidance’ and ‘policy
17
guidance’ mean instructions, decisions, proposals,
18
plans, guidance, or requirements on how an entity
19
should conduct operations.
20
‘‘(19) OWNED BY.—The term ‘owned by’ means
21
ownership achieved through investment in, or the
22
purchase of, shares or economic or voting rights in
23
an entity, regardless of the percentage of ownership
24
or number of shares owned. Ownership by any entity
25
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identified in subsection (b)(1) does not require that
1
such entity hold control of another entity through its
2
ownership.
3
‘‘(20) PARENT ENTITY.—The term ‘parent enti-
4
ty’ includes an entity that directly or indirectly holds
5
at least 50 percent of the economic interest or at
6
least 50 percent of the voting interest of an entity.’’.
7
Subtitle D—Small Business Matters
8
SEC. 861. DEPARTMENT OF DEFENSE MENTOR-PROTEGE
9
PROGRAM.
10
Section 4902 of title 10, United States Code, is
11
amended—
12
(1) by striking ‘‘disadvantaged small business’’
13
each place it appears and inserting ‘‘eligible small
14
business’’;
15
(2) in subsection (b)—
16
(A) in paragraph (1), by striking ‘‘Defense
17
contracts
and
other
contracts
and
sub-
18
contracts’’ and inserting ‘‘Defense contracts,
19
subcontracts,
agreements,
and
sub-agree-
20
ments’’; and
21
(B) in paragraph (2), by striking ‘‘sub-
22
contractors
and
suppliers’’
and
inserting
23
‘‘awardees, contractors, subcontractors, and
24
suppliers’’;
25
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(3) in subsection (d)(1)(B)(iii)(I)—
1
(A) by striking ‘‘Defense contracts’’ each
2
places it appears and inserting ‘‘Defense con-
3
tracts or agreements’’; and
4
(B) by striking ‘‘the subcontracts’’ and in-
5
serting ‘‘the subcontracts or sub-agreements’’;
6
(4) in subsection (e)(1), by striking subpara-
7
graph (B) and inserting the following new subpara-
8
graph:
9
‘‘(B) An agreement term for a period not
10
to exceed five years.’’;
11
(5) in subsection (f)(1)—
12
(A) in subparagraph (B), by striking ‘‘;
13
and’’ and inserting a semicolon;
14
(B) by redesignating subparagraph (C) as
15
subparagraph (D); and
16
(C) by inserting after subparagraph (B)
17
the following new subparagraph:
18
‘‘(C) security compliance matters, such as
19
cybersecurity, export controls, and facility clear-
20
ances; and’’;
21
(6) in subsection (g)—
22
(A) by striking ‘‘Defense contract’’ each
23
place it appears and inserting ‘‘Defense con-
24
tract or agreement’’;
25
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(B) in paragraph (2)—
1
(i)
by
striking
‘‘unusual
cir-
2
cumstances’’ each place it appears and in-
3
serting ‘‘mission needs’’; and
4
(ii) in subparagraph (B), by striking
5
‘‘program participation’’ and all that fol-
6
lows through the period and inserting
7
‘‘agreement term under the mentor-protege
8
agreement.’’;
9
(C) in paragraph (3)(C), by striking ‘‘con-
10
cerns has declined’’ and inserting ‘‘concerns has
11
declined in any relevant category of small busi-
12
ness concern under the Small Business Act (15
13
U.S.C. 631 et seq.)’’;
14
(D) in paragraph (4), by striking ‘‘would
15
be a small business concern owned and con-
16
trolled by socially and economically disadvan-
17
taged individuals’’ and inserting ‘‘would qualify
18
as a small business concern’’;
19
(7) in subsection (k)—
20
(A) by striking paragraph (7) and insert-
21
ing the following new paragraph:
22
‘‘(7) any assistance obtained by the mentor
23
firm for the protege firm from one or more—
24
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‘‘(A) business development, business out-
1
reach, or assistance centers or networks for
2
small business concerns established pursuant to
3
the Small Business Act (15 U.S.C. 631 et seq.);
4
‘‘(B) entities providing procurement tech-
5
nical assistance pursuant to chapter 388 of this
6
title;
7
‘‘(C) historically Black colleges or univer-
8
sities, minority institutions of higher education,
9
or other colleges, universities, or institutions of
10
higher education, including innovation and eco-
11
nomic development entities of such colleges,
12
universities, or institutions;
13
‘‘(D) entities providing manufacturing as-
14
sistance pursuant to section 25 of the National
15
Institute of Standards and Technology Act (15
16
U.S.C. 278k(e)) or section 4841 of this title; or
17
‘‘(E) entities providing research and devel-
18
opment assistance pursuant to section 23 of the
19
Stevenson-Wydler Technology Innovation Act of
20
1980 (15 U.S.C. 3715) or section 4124(f) of
21
this title.’’; and
22
(B) in paragraph (9), by striking ‘‘Defense
23
contracts’’ and inserting ‘‘Defense contracts
24
and agreements’’; and
25
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(8) in subsection (n)—
1
(A)
by
redesignating
paragraphs
(2)
2
through (9) as paragraphs (3) through (10), re-
3
spectively;
4
(B) by inserting after paragraph (1) the
5
following new paragraph:
6
‘‘(2) Except when referring to a mentor-protege
7
agreement entered into under subsection (e), the
8
term ‘agreement’ means any cooperative agreement,
9
grant, other transaction, prize, or other agreement
10
related to acquisition or to assistance with research
11
and development, production, or manufacturing.’’;
12
and
13
(C) in paragraph (3), as redesignated by
14
subparagraph (A), by striking ‘‘its primary
15
North American Industry Classification System
16
code’’ and inserting ‘‘the North American In-
17
dustry Classification System code pertinent to
18
the objectives of the particular mentor-protege
19
agreement’’.
20
SEC. 862. APEX ACCELERATOR FUNDING.
21
Section 4955(a) of title 10, United States Code, is
22
amended—
23
(1) in paragraph (1), by striking ‘‘$1,500,000’’
24
and inserting ‘‘$2,000,000’’;
25
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(2) in paragraph (2), by striking ‘‘$750,000’’
1
and inserting ‘‘$1,000,000’’; and
2
(3) in paragraph (4), by striking ‘‘$1,500,000’’
3
and inserting ‘‘$2,000,000’’.
4
SEC. 863. TEST PROGRAM FOR NEGOTIATION OF COM-
5
PREHENSIVE
SMALL
BUSINESS
SUBCON-
6
TRACTING PLANS.
7
Section 834(e) of the National Defense Authorization
8
Act for Fiscal Years 1990 and 1991 (Public Law 101–
9
189; 15 U.S.C. 637 note) is amended by striking ‘‘Decem-
10
ber 31, 2027’’ and inserting ‘‘December 31, 2037’’.
11
SEC. 864. APPLICATION OF THE BONA FIDE PLACE OF BUSI-
12
NESS TO CERTAIN CONTRACTS.
13
(a) IN GENERAL.—Notwithstanding section 8(a)(11)
14
of the Small Business Act (15 U.S.C. 637(a)(11)) and sec-
15
tion 124.501(k) of title 13, Code of Federal Regulations,
16
or any successor regulation, for purposes of a construction
17
contract awarded by the Department of Defense under
18
such section 8(a), such section 8(a)(11) shall be deemed
19
satisfied if the Program Participant certifies to the Busi-
20
ness Opportunity Specialist assigned to the Program Par-
21
ticipant that the Program Participant will establish a
22
staffed, physical office in the geographic area required
23
under such section 124.501(k) not later than 60 days
24
after the date of the contract award.
25
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(b) SUNSET.—The authority under subsection (a)
1
shall terminate on December 31, 2032.
2
(c) BRIEFING.—On an annual basis until the author-
3
ity under subsection (a) terminates, the Secretary of De-
4
fense shall brief the Committees on Armed Services of the
5
Senate and the House of Representatives on the use of
6
the authority under subsection (a), which shall include—
7
(1) uses of the authority and in which geo-
8
graphic location;
9
(2) data on the confirmation of the establish-
10
ment of a physical office within 60 days, as required
11
under subsection (a); and
12
(3) any other matters the Secretary of Defense
13
determines relevant.
14
Subtitle E—Other Matters
15
SEC. 871. TECHNICAL CORRECTIONS RELATED TO NA-
16
TIONAL DEFENSE AUTHORIZATION ACT FOR
17
FISCAL YEAR 2026 PROVISIONS.
18
(a) SECTION 805.—Section 805(e)(2)(A) of the Na-
19
tional Defense Authorization Act for Fiscal Year 2026
20
(Public Law 119–60; 10 U.S.C. 3771 note) is amended
21
by striking ‘‘by the contractor for are commensurate’’ and
22
inserting ‘‘by the contractor are commensurate’’.
23
(b) FURTHER AMENDMENT TO NATIONAL DEFENSE
24
AUTHORIZATION ACT FOR FISCAL YEAR 2025.—The Na-
25
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tional Defense Authorization Act for Fiscal Year 2025
1
(Public Law 118–159) is amended—
2
(1) in section 164(f)(3) (10 U.S.C. 4651 note
3
prec.), as amended by section 162(4) of the National
4
Defense Authorization Act for Fiscal Year 2026
5
(Public Law 119–60; 139 Stat. 769), by inserting
6
‘‘that’’ before ‘‘uses’’ both places it appears; and
7
(2) in section 1522(d)(2)(B)(vi), as amended by
8
section 1521(5) of the National Defense Authoriza-
9
tion Act for Fiscal Year 2026 (Public Law 119–60;
10
139 Stat. 1156), by striking ‘‘disaggregated each
11
element of the’’ and inserting ‘‘disaggregated by
12
each element of the’’.
13
(c) FURTHER AMENDMENTS TO TITLE 10, UNITED
14
STATES CODE.—Title 10 of the United States Code is
15
amended—
16
(1) in subsection (d) of section 3453, as added
17
by section 1822(a)(3) of the National Defense Au-
18
thorization Act for Fiscal Year 2026 (Public Law
19
119–60; 139 Stat. 1247)—
20
(A) by striking ‘‘(1) The head of an agency
21
shall establish’’ and inserting the following:
22
‘‘The head of an agency shall—
23
‘‘(1) establish’’;
24
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(B) by moving subparagraphs (A) and (B)
1
two ems to the right; and
2
(C) by moving paragraph (2) two ems to
3
the right;
4
(2) in section 3459, as added by section 1824
5
of the National Defense Authorization Act for Fiscal
6
Year 2026 (Public Law 119–60; 139 Stat. 1248), by
7
amending subsection (c) to read as follows:
8
‘‘(c) DEFINITIONS.—In this subsection—
9
‘‘(1) The term ‘subcontract’ includes a transfer
10
of commercial products and commercial services be-
11
tween divisions, subsidiaries, or affiliates of a con-
12
tractor or subcontractor and does not include other
13
supply agreements; and
14
‘‘(2) The term ‘other supply agreements’ does
15
not include any agreement entered into by a con-
16
tractor or subcontractor for the supply of products
17
or services that are intended for use in the perform-
18
ance of multiple contracts with the Department of
19
Defense or with other parties, and that are not iden-
20
tifiable to any particular contract.’’;
21
(3) in section 3702(a), as amended by section
22
1804(c) of the National Defense Authorization Act
23
for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
24
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1234), by striking ‘‘$2,000,000’’ in paragraph (4)
1
and inserting ‘‘$10,000,000’’; and
2
(4) in section 4023(b), as amended by section
3
1831 of the National Defense Authorization Act for
4
Fiscal Year 2026 (Public Law 119–60; 139 Stat.
5
1253), is amended by striking ‘‘Chapter 137 of this
6
title applies’’ and inserting ‘‘Legacy provisions of
7
chapter 137 of this title apply’’.
8
SEC. 872. LIMITATION ON AVAILABILITY OF FUNDS PEND-
9
ING
IMPLEMENTATION
OF
CERTAIN
RE-
10
QUIREMENTS RELATING TO MUNITIONS.
11
(a) IN GENERAL.—Of the funds authorized to be ap-
12
propriated by this Act or otherwise made available for fis-
13
cal year 2027 for operation and maintenance, defense-
14
wide, and available for the Office of the Secretary of De-
15
fense for travel expenses, not more than 90 percent may
16
be obligated or expended until the Secretary of Defense
17
submits to the congressional defense committees—
18
(1) the report required under section 364 of the
19
National Defense Authorization Act for Fiscal Year
20
2026 (Public Law 119–60; 139 Stat. 834) detailing
21
the stockpiles of critical munitions required to fight
22
simultaneous conflicts in different theaters of oper-
23
ation and a plan to implement critical munitions re-
24
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quirements to fight simultaneous conflicts in the
1
next budget cycle; and
2
(2) a certification that the requirement under
3
paragraph (9) of section 222c of title 10, United
4
States Code, as added by section 361 of such Act
5
(Public Law 119–60; 139 Stat. 833), to modify Out-
6
Year Unconstrained Total Munitions Requirement
7
and Out-Year inventory numbers to include an esti-
8
mate of the annual aggregate demand from United
9
States allies and partners has been met.
10
SEC. 873. REPEAL OF AMENDMENTS PROVIDING FOR SUB-
11
MISSION BY SUBCONTRACT OFFEROR OF RE-
12
CENT PRICE HISTORY IN SATISFACTION OF
13
COST OR PRICING DATA REQUIREMENTS.
14
Section 3702(a)(3) of title 10, United States Code,
15
is amended—
16
(1) by striking ‘‘(A) An offeror’’ and inserting
17
‘‘An offeror’’;
18
(2) by striking subparagraph (B); and
19
(3) by redesignating clauses (i) and (ii) as sub-
20
paragraphs (A) and (B), respectively.
21
SEC. 874. COMPETITIVE PROCEDURES FOR CERTAIN PHAR-
22
MACEUTICAL CONTRACTS.
23
(a) PROHIBITION.—The Secretary of Defense shall
24
ensure that any contract awarded for the purpose of phar-
25
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maceutical drug, active pharmaceutical ingredients, or
1
other pharmaceutical materials stockpiling, manufac-
2
turing, onshoring, or supply chain expansion, is awarded
3
using competitive sourcing procedures.
4
(b) NOTIFICATION REQUIREMENT.—Not later than
5
15 days before awarding a contract described in sub-
6
section (a), the Secretary of Defense shall provide to the
7
Committees on Armed Services of the Senate and the
8
House of Representatives a written notification includ-
9
ing—
10
(1) a description of the scope of work to be per-
11
formed under the contract;
12
(2) the anticipated value of the contract; and
13
(3) the statutory or regulatory authorities
14
under which the contract will be awarded.
15
SEC. 875. ENHANCEMENT OF DEFENSE SUPPLY CHAIN RE-
16
SILIENCE AND SECONDARY SOURCE QUALI-
17
FICATION.
18
Subsection (f) of section 865 of the National Defense
19
Authorization Act for Fiscal Year 2025 (Public Law 118–
20
159; 10 U.S.C. 4811 note), is amended to read as follows:
21
‘‘(f) EXPEDITED QUALIFICATION PANEL.—
22
‘‘(1) IN GENERAL.—Not later than June 30,
23
2027, the Secretary of Defense, in coordination with
24
the secretaries of the military departments and the
25
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Director of the Defense Logistics Agency, shall es-
1
tablish a program to expedite the processing of cer-
2
tain Source Approval Requests. The program shall
3
provide that a Source Approval Request Package
4
submitted by an applicant and meeting the require-
5
ments under paragraph (2) shall be subject to the
6
expedited source approval process set under para-
7
graph (3) and may be eligible for the incentives de-
8
scribed in paragraph (4) .
9
‘‘(2) QUALIFYING SOURCE APPROVAL REQUEST
10
PACKAGES.—Any Source Approval Request, regard-
11
less of category, for an item of supply that is not a
12
critical safety item shall be classified as a Qualifying
13
Source Approval Request Package if it meets the fol-
14
lowing requirements (as determined by the Secretary
15
concerned):
16
‘‘(A) MANUFACTURER
OF
RECORD.—The
17
applicant is a manufacturer of record for the
18
proposed subject item of supply.
19
‘‘(B) APPROVED
SOURCE
APPROVAL
RE-
20
QUEST TEMPLATE.—The Source Approval Re-
21
quest is submitted on a standardized template
22
for expedited Source Approval Requests. The
23
standardized templates shall be published by
24
each military department not later than April 1,
25
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2027, and shall include all information required
1
for the supply chain risk management review
2
referenced in subsection (f)(3)(D) of this sec-
3
tion on an expedited basis.
4
‘‘(C) QUALIFIED ENGINEERING DESIGNEE
5
CERTIFICATION.—A Qualified Engineering Des-
6
ignee certifies in writing that the engineering
7
data included in the applicable Source Approval
8
Request, including the technical data Package,
9
conforms to the applicable Technical Data
10
Package or reverse engineering standards re-
11
quired of such item of supply.
12
‘‘(D) MANUFACTURING CERTIFICATION.—
13
The applicant, or the relevant majority-owned
14
manufacturing subsidiary, holds a current
15
AS9100 Rev D certification (or successor
16
standard) issued by an accredited third-party
17
certification body.
18
‘‘(E) SMALL BUSINESS PARITY AND MAR-
19
KET COMPETITION.—The Secretary of Defense
20
shall establish mechanisms to ensure fair access
21
for small businesses, such as subsidized engi-
22
neering reviews or a waiver of designee fees for
23
qualifying small businesses.
24
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‘‘(3) EXPEDITED
SOURCE
APPROVAL
PROC-
1
ESS.—Not later than 7 days after receiving a Source
2
Approval Request purporting to be a Qualifying
3
Source Approval Request Package, the Secretary
4
concerned shall determine whether the Source Ap-
5
proval Request qualifies for such treatment. A quali-
6
fying Source Approval Request Package shall be
7
subject to the following Expedited Source Approval
8
Process:
9
‘‘(A) A qualifying Source Approval Re-
10
quest Package shall be referred to an Expedited
11
Qualification Panel for the military department,
12
which shall be established by the Secretary con-
13
cerned by not later than June 30, 2027.
14
‘‘(B) Absent the Expedited Qualification
15
Panel’s written determination to the applicant
16
that additional engineering evaluation is re-
17
quired solely based on either the criticality or
18
novelty and complexity of the item of supply,
19
the Qualified Engineering Designee’s certifi-
20
cation under paragraph (2)(C) shall constitute
21
the full engineering evaluation necessary for
22
such Expedited Qualification Panel’s review of
23
the Qualifying Source Approval Request Pack-
24
age.
25
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‘‘(C) Not later than 14 days after receipt
1
of a Qualifying Source Approval Request Pack-
2
age, the applicable Expedited Qualification
3
Panel shall issue a determination on whether to
4
grant approval or disapproval of the Source Ap-
5
proval Request.
6
‘‘(D)(i) The 14-day timeline for final de-
7
termination shall be paused for a maximum of
8
30 days to allow for the completion of a com-
9
prehensive supply chain risk management and
10
foreign ownership, control, or influence assess-
11
ment.
12
‘‘(ii) For qualifying items, particularly
13
non-commercial items with an anticipated con-
14
tract value exceeding $5,000,000, this review
15
timeframe shall align with standard Defense
16
Counterintelligence and Security Agency review
17
schedules to ensure the applicant poses no risk
18
to the Department.
19
‘‘(4) COMPLETE TECHNICAL DATA PACKAGE IN-
20
CENTIVES.—
21
‘‘(A) IN GENERAL.—If a Qualifying Source
22
Approval Request Package that meets the re-
23
quirements of paragraph (2) also includes deliv-
24
ery of a Complete Technical Data Package and
25
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Government purpose rights to such Complete
1
Technical Data Package, and such Qualifying
2
Source Approval Request Package receives a
3
determination of full approval pursuant to para-
4
graph (3)(C), the Defense Logistics Agency, the
5
Secretary concerned, or relevant head of con-
6
tracting activity shall award to the manufac-
7
turer of record a firm-fixed-price indefinite-de-
8
livery indefinite-quantity (IDIQ) contract for
9
the item of supply which is the subject of such
10
qualifying Source Approval Request Package.
11
‘‘(B)
CONTRACT
TERMS.—A
contract
12
awarded under subparagraph (A) shall include
13
the following terms:
14
‘‘(i) PRICING.—The unit price shall
15
not exceed 90 percent of the weighted av-
16
erage unit price paid by the Defense Logis-
17
tics Agency for the item of supply during
18
the two-year period preceding the date of
19
receipt of the Qualifying Source Approval
20
Request Package.
21
‘‘(ii) MINIMUM QUANTITY.—A guaran-
22
teed minimum annual order quantity of
23
not less than 60 percent of the average an-
24
nual quantity of the item of supply ordered
25
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by the Defense Logistics Agency during
1
the 3-year period preceding the date of re-
2
ceipt of the Qualifying Source Approval
3
Request Package.
4
‘‘(iii) LENGTH.—A period of perform-
5
ance of three years.
6
‘‘(iv) DEVIATIONS.—Clauses (i), (ii),
7
and (iii) may be deviated from at the dis-
8
cretion of the contracting activity as nec-
9
essary to establish the awardee as a viable
10
source of supply if it is determined by the
11
contracting activity to be in the best inter-
12
est of the Government and is bilaterally
13
negotiated with the awardee.
14
‘‘(C)
COMPETITION
AUTHORITY.—The
15
award of a contract under this subsection is au-
16
thorized notwithstanding the requirements of
17
section 3201 of title 10, United States Code,
18
and no justification and approval under section
19
3204(e) of title 10, United States Code, shall
20
be required for such award.
21
‘‘(5) REPORT.—Not later than January 1,
22
2028, the Secretary of Defense, in coordination with
23
the Secretaries of the military departments and the
24
Director of the Defense Logistics Agency, shall sub-
25
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mit to the Committees on Armed Services of the
1
Senate and the House of Representatives a report
2
containing an evaluation of the program under this
3
subsection, which shall include a quantitative evalua-
4
tion of—
5
‘‘(A) the number of Source Approval Re-
6
quest Packages processed;
7
‘‘(B) average time to qualification com-
8
pared to prior to the inception of the program;
9
‘‘(C) processing cost per Source Approval
10
Request review;
11
‘‘(D) impact on part unit cost; and
12
‘‘(E) mission readiness.
13
‘‘(6) DEFINITIONS.—In this subsection:
14
‘‘(A) The term ‘Complete Technical Data
15
Package’ means a Technical Data Package that
16
includes a complete set of engineering data,
17
drawings, specifications, inspection criteria, test
18
procedures, quality assurance provisions, and
19
other technical information sufficient to enable
20
a qualified manufacturer to produce an item of
21
supply that conforms to the original design re-
22
quirements.
23
‘‘(B) The term ‘criticality’ means any item
24
of supply which should be a critical safety item.
25
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‘‘(C) The term ‘critical safety item’ means
1
any item of supply that is either an aviation
2
critical safety item or ship critical safety item,
3
as those terms are defined in section 3243 of
4
title 10, United States Code.
5
‘‘(D) The term ‘Government purpose
6
rights’ has the meaning given that term in sec-
7
tion 252.227–7013(a) of title 48, Code of Fed-
8
eral Regulations.
9
‘‘(E) The term ‘manufacturer of record’
10
means an entity, or its majority-owned sub-
11
sidiary, which shall directly, or indirectly
12
through a majority-owned subsidiary, perform
13
the fabrication or manufacture of the item of
14
supply for which such Source Approval Request
15
is being sought.
16
‘‘(F) The term ‘novelty and complexity’
17
means any Source Approval Request Package
18
where the proposed Package introduces a mate-
19
rial change in the form, fit, or function relative
20
to the Technical Data Package or reverse engi-
21
neering standards of such item of supply.
22
‘‘(G) The term ‘Qualified Engineering Des-
23
ignee’ means an individual who—
24
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‘‘(i) holds a current appointment as a
1
Designated
Engineering
Representative
2
issued by the Federal Aviation Administra-
3
tion under part 183 of title 14, Code of
4
Federal Regulations, in the technical dis-
5
cipline for which the Source Approval Re-
6
quest is being made; or
7
‘‘(ii) holds an equivalent certification
8
or certifications reflecting engineering com-
9
petence in an applicable technical field and
10
independence
obligations
substantially
11
equivalent to the process by which the
12
Federal Aviation Administration appoints
13
Designated Engineering Representatives,
14
as determined by the Secretary of Defense
15
pursuant to an application and qualifica-
16
tion process established not later than
17
March 31, 2027, that includes, at a min-
18
imum—
19
‘‘(I) eight years of engineering
20
experience in the technical discipline
21
for which the Source Approval Re-
22
quest is being made;
23
‘‘(II) knowledge and experience
24
relating to the processing of engineer-
25
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ing data involving the qualification of
1
parts or systems within such technical
2
discipline; and
3
‘‘(III) an engineering degree or
4
equivalent relevant to such technical
5
discipline.’’.
6
SEC. 876. LIMITATION PENDING ARMY CONFORMANCE
7
WITH PORTFOLIO ACQUISITION EXECUTIVE
8
REQUIREMENTS.
9
Of the funds authorized to be appropriated by this
10
Act or otherwise made available for fiscal year 2027 for
11
operation and maintenance, Army, and available for travel
12
expenses for the Office of the Secretary of the Army, not
13
more than 75 percent may be obligated or expended until
14
the Secretary of the Army certifies to the congressional
15
defense committees that all portfolio acquisition executives
16
of the Army are certified acquisition officials in accord-
17
ance with section 1732 of title 10, United States Code.
18
SEC.
877.
PROCUREMENT
OF
MEDICAL
COUNTER-
19
MEASURES FOR OVERSEAS PERSONNEL OF
20
THE DEPARTMENT OF DEFENSE FOR ACUTE
21
RADIATION
SYNDROME
AND
THERMAL
22
BURNS.
23
(a) IN GENERAL.—Subject to appropriations for such
24
purpose, the Secretary of Defense may procure, pre-posi-
25
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tion, sustain, and maintain medical countermeasures that
1
are determined to be requirements pursuant to section
2
734(a) of the Servicemember Quality of Life Improvement
3
and National Defense Authorization Act for Fiscal Year
4
2025 (Public Law 118–159; 10 U.S.C. 1071 note).
5
(b) USE OF FUNDS.—Amounts subject to appropria-
6
tion under subsection (a) may be used only for medical
7
countermeasures that are identified by the Secretary of
8
Defense, through the program established under sub-
9
section (a) of section 734 of the Servicemember Quality
10
of Life Improvement and National Defense Authorization
11
Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C.
12
1071 note), as requirements for covered personnel, as de-
13
fined in subsection (c) of such section.
14
(c) AUTHORIZED ACTIVITIES.—Amounts subject to
15
appropriation under subsection (a) may be used for—
16
(1) procurement and advanced procurement of
17
medical countermeasures to diagnose, prevent, and
18
treat acute radiation syndrome, cutaneous radiation
19
injury, and thermal burns;
20
(2) stockpiling, pre-positioning, storage, and re-
21
plenishment;
22
(3) lifecycle sustainment and maintenance; and
23
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(4) activities necessary to ensure deployment
1
readiness and effective operational use of such coun-
2
termeasures.
3
SEC. 878. PROCUREMENTS ON BEHALF OF THE DEPART-
4
MENT OF DEFENSE BY THE DEPARTMENT OF
5
VETERANS AFFAIRS FOR PLANNING, DESIGN,
6
AND CONSTRUCTION PROJECTS.
7
Section 801(d) of the National Defense Authorization
8
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C.
9
3201 note prec.) is amended by adding at the end the fol-
10
lowing new paragraph:
11
‘‘(3) In the case of the procurement of property or
12
services on behalf of the Department of Defense by the
13
Department of Veterans Affairs for planning, design, and
14
construction projects, a certificate of compliance shall not
15
be required.’’.
16
SEC. 879. LEASING OF VESSELS, AIRCRAFT, AND COMBAT
17
VEHICLES.
18
Section 3671(b)(1) of title 10, United States Code,
19
is amended by amending subparagraph (D) to read as fol-
20
lows:
21
‘‘(D) the Secretary has certified to such com-
22
mittees that—
23
‘‘(i) entering into the proposed contract
24
provides an accelerated delivery schedule or is
25
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the most cost-efficient means of obtaining the
1
vessel, aircraft, or combat vehicle; and
2
‘‘(ii) the Secretary has determined that the
3
lease complies with all applicable laws, Office of
4
Management and Budget circulars, and Depart-
5
ment of Defense regulations.’’.
6
SEC. 880. PROHIBITION ON MODEMS OR ROUTERS ACQUISI-
7
TIONS INVOLVING ENTITIES OWNED OR CON-
8
TROLLED BY CHINA.
9
(a) IN GENERAL.—The Secretary of Defense may not
10
acquire any modem or router if the manufacturer, bidder,
11
or offeror is a covered Chinese entity.
12
(b) APPLICABILITY.—This section shall apply only
13
with respect to contracts or other agreements entered into,
14
renewed, or extended after the date of the enactment of
15
this Act.
16
(c) DEFINITIONS.—In this section:
17
(1) COVERED
CHINESE
ENTITY.—The term
18
‘‘covered Chinese entity’’ means an entity that the
19
Secretary of Defense, in consultation with the Direc-
20
tor of the National Intelligence or the Director of
21
the Federal Bureau of Investigation, determines to
22
be an entity owned, controlled, directed, or subcon-
23
tracted by, affiliated with, or otherwise connected to,
24
the Government of the People’s Republic of China.
25
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(2) MANUFACTURER.—The term ‘‘manufac-
1
turer’’ means—
2
(A) the entity that transforms raw mate-
3
rials, miscellaneous parts, or components into
4
the end item;
5
(B) any entity that subcontracts with the
6
entity described in subparagraph (A) for the en-
7
tity described in such subparagraph to trans-
8
form raw materials, miscellaneous parts, or
9
components into the end item;
10
(C) any entity that otherwise directs the
11
entity described in subparagraph (A) to trans-
12
form raw materials, miscellaneous parts, or
13
components into the end item; or
14
(D) any parent company, subsidiary, or af-
15
filiate of the entity described in subparagraph
16
(A).
17
(3) MODEM.—The term ‘‘modem’’ means a
18
modulator-demodulator, digital-to-analog, and back,
19
signal converter that allows computers to commu-
20
nicate over telephone wires or cable TV cable.
21
(4) ROUTER.—The term ‘‘router’’ means a de-
22
vice that connects two or more packet-switched net-
23
works or subnetworks, serving the two primary func-
24
tions of—
25
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(A) managing traffic between these net-
1
works by forwarding data packets to their in-
2
tended IP addresses; and
3
(B) allowing multiple devices to use the
4
same Internet connection.
5
SEC. 881. PROHIBITION ON TELEVISION ACQUISITIONS IN-
6
VOLVING ENTITIES OWNED OR CONTROLLED
7
BY CHINA.
8
(a) IN GENERAL.—The Secretary of Defense may not
9
acquire any television if the manufacturer, bidder, or of-
10
feror is a covered Chinese entity.
11
(b) APPLICABILITY.—This section shall apply only
12
with respect to contracts or other agreements entered into,
13
renewed, or extended after the date of the enactment of
14
this Act.
15
(c) DEFINITIONS.—In this section:
16
(1) COVERED
CHINESE
ENTITY.—The term
17
‘‘covered Chinese entity’’ means an entity that the
18
Secretary of Defense, in consultation with the Direc-
19
tor of the National Intelligence or the Director of
20
the Federal Bureau of Investigation, determines to
21
be an entity owned, controlled, directed, or subcon-
22
tracted by, affiliated with, or otherwise connected to,
23
the Government of the People’s Republic of China.
24
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(2) MANUFACTURER.—The term ‘‘manufac-
1
turer’’ means an entity that—
2
(A) transforms raw materials, miscella-
3
neous parts, or components into the end item;
4
(B) subcontracts with an entity described
5
in subparagraph (A) for the entity described in
6
such subparagraph to transform raw materials,
7
miscellaneous parts, or components into the end
8
item;
9
(C) otherwise directs an entity described in
10
subparagraph (A) to transform raw materials,
11
miscellaneous parts, or components into the end
12
item; or
13
(D) is a parent company, subsidiary, or af-
14
filiate of an entity described in subparagraph
15
(A).
16
(3) TELEVISION.—The term ‘‘television’’ has
17
the meaning given the term ‘‘Television set or TV’’
18
in section 430.2 of title 10, Code of Federal Regula-
19
tions.
20
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SEC. 882. PROHIBITION FOR DEFENSE CONTRACTORS PRO-
1
VIDING SENSITIVE INFORMATION RELATED
2
TO SYNTHETIC BIOLOGY TO FOREIGN ENTI-
3
TIES OF CONCERN.
4
(a) IN GENERAL.—The Secretary of Defense shall
5
prohibit a covered entity from providing to a foreign entity
6
of concern a digital sequence of synthetic DNA or RNA
7
or a synthetic protein designed by humans or artificial in-
8
telligence systems.
9
(b) WAIVER.—The Secretary may waive the prohibi-
10
tion under subsection (a) if the Secretary—
11
(1) determines the waiver is in the national se-
12
curity interests of the United States; and
13
(2) not less than 30 days before the waiver
14
takes effect, notifies the congressional defense com-
15
mittees with respect to the waiver and the deter-
16
mination under paragraph (1).
17
(c) DEFINITIONS.—In this section:
18
(1) COVERED ENTITY.—The term ‘‘covered en-
19
tity’’ means any entity that does any work with the
20
Department of Defense under a contract, grant, co-
21
operative agreement, or other federally awarded ve-
22
hicle, including an agreement authorized under sec-
23
tion 4021 or 4022 of title 10, United States Code,
24
a cooperative research and development agreement,
25
or a material transfer agreement.
26
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(2) DIGITAL SEQUENCE.—The term ‘‘digital se-
1
quence’’ means a binary file or other digital rep-
2
resentation containing symbols representing the
3
identity, order, and any chemical modification for
4
each position in a DNA, RNA, or protein molecule.
5
(3) FOREIGN
COUNTRY
OF
CONCERN.—The
6
term ‘‘foreign country of concern’’ has the meaning
7
given that term in section 10612(a) of the Research
8
and Development, Competition, and Innovation Act
9
(42 U.S.C. 19221(a)).
10
(4) FOREIGN ENTITY OF CONCERN.—The term
11
‘‘foreign entity of concern’’ means—
12
(A) a government entity of a foreign coun-
13
try of concern;
14
(B) a foreign person subject to the juris-
15
diction of, or organized under the laws of, a for-
16
eign country of concern; or
17
(C) a foreign person owned, directed, or
18
controlled by an entity described in subpara-
19
graph (A) or (B).
20
(5) SYNTHETIC DNA OR RNA.—The term ‘‘syn-
21
thetic DNA or RNA’’ means—
22
(A) molecules that are constructed by join-
23
ing nucleic acid molecules and can replicate in
24
a living cell, such as recombinant nucleic acids;
25
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(B) nucleic acid molecules that are chemi-
1
cally or by other means synthesized, including
2
such molecules that are chemically or otherwise
3
modified but can base pair with naturally occur-
4
ring nucleic acid molecules, such as synthetic
5
nucleic acids; or
6
(C) molecules that result from the replica-
7
tion or derivation of molecules described in sub-
8
paragraph (A) or (B).
9
(6) SYNTHETIC PROTEIN.—The term ‘‘synthetic
10
protein’’ means a non-naturally occurring sequence
11
of amino acids, including short sequences that may
12
combine natural and non-natural amino acids.
13
SEC. 883. REPORTING ON CONTRACTOR OPERATIONS RE-
14
LATED TO CHINA.
15
(a) IN GENERAL.—The Secretary of Defense shall re-
16
quire any entity entering into a covered contract with the
17
Department of Defense to submit a report on the entity’s
18
operations related to China, including—
19
(1) sales revenue from China;
20
(2) profit attributable to its China business;
21
(3) assets held or located in China;
22
(4) liabilities associated with China business;
23
(5) investments in Chinese entities;
24
(6) loans from Chinese entities;
25
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(7) the number of suppliers located in China
1
down to the second tier of subcontracting; and
2
(8) the number of Chinese citizen employees,
3
whether located in China or elsewhere and including
4
both regular and contract employees.
5
(b) REPORTING TO CONGRESS.—The Secretary of
6
Defense shall submit to the Committee on Armed Services
7
of the Senate and the Committee on Armed Services of
8
the House of Representatives a report aggregating the in-
9
formation reported pursuant to subsection (a).
10
(c) COVERED CONTRACT DEFINED.—In this section,
11
the term ‘‘covered contract’’ means a contract for a major
12
defense acquisition program, as that term is defined in
13
section 4201 of title 10, United States Code.
14
SEC. 884. ENSURING DEPARTMENT OF DEFENSE CON-
15
TRACTOR
COMPLIANCE
WITH
DISABILITY
16
HIRING GOALS.
17
(a) IN GENERAL.—For each of fiscal years 2026
18
through 2029, the Secretary of Defense shall conduct an
19
audit of the compliance of the contractors of the Depart-
20
ment of Defense with the 7-percent utilization goal for em-
21
ployment of qualified individuals with disabilities by con-
22
tractors established by the Office of Federal Contract
23
Compliance Programs of the Department of Labor under
24
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section 503 of the Rehabilitation Act of 1973 (29 U.S.C.
1
793).
2
(b) REPORTS.—Not later than 5 months after the
3
end of a fiscal year for which the Secretary of Defense
4
was required to conduct an audit under subsection (a),
5
the Secretary of Defense shall submit to the Committees
6
on Armed Services of the Senate and the House of Rep-
7
resentatives a report on the findings of such audit.
8
TITLE IX—DEPARTMENT OF DE-
9
FENSE ORGANIZATION AND
10
MANAGEMENT
11
Subtitle A—Office of the Secretary
12
of Defense and Related Matters
13
SEC. 901. ECONOMIC DEFENSE UNIT.
14
(a) IN GENERAL.—Chapter 4 of title 10, United
15
States Code, is amended by adding at the end the fol-
16
lowing new section:
17
‘‘§ 149a. Economic Defense Unit
18
‘‘(a) ESTABLISHMENT.—There is established in the
19
Department of Defense an Economic Defense Unit (in this
20
section referred to as the ‘Unit’).
21
‘‘(b) DIRECTOR.—
22
‘‘(1) IN GENERAL.—The head of the Unit shall
23
be the Director (in this section referred to as the
24
‘Director’).
25
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‘‘(2) APPOINTMENT.—The Director shall be ap-
1
pointed by the Secretary of Defense from among—
2
‘‘(A) employees in Senior Executive Service
3
positions (as defined in section 3132 of title 5);
4
or
5
‘‘(B) individuals from outside the civil
6
service who have successfully held equivalent
7
positions with relevant experience in strategic
8
planning, economic planning and analysis, or
9
similar activities in the private sector, another
10
component of the Department of Defense, or
11
another Federal agency.
12
‘‘(3) AUTHORITY
OF
DIRECTOR.—The Direc-
13
tor—
14
‘‘(A) shall serve as a principal staff assist-
15
ant to advise the Secretary on matters within
16
the responsibilities of the Unit;
17
‘‘(B) shall report directly to the Deputy
18
Secretary of Defense without intervening au-
19
thority; and
20
‘‘(C) may communicate views on matters
21
within the responsibilities of the Unit directly to
22
the Deputy Secretary without obtaining the ap-
23
proval or concurrence of any other official with-
24
in the Department of Defense.
25
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‘‘(4) LIMITATION ON HOLDING MULTIPLE OF-
1
FICES.—The Director may not hold any other office
2
or title.
3
‘‘(c) RESPONSIBILITIES.—
4
‘‘(1) IN GENERAL.—The Unit shall be respon-
5
sible for the following:
6
‘‘(A) Coordinating among, and harmo-
7
nizing economic competition activities by, com-
8
ponents of the Department of Defense, includ-
9
ing by serving as a co-chair of the National De-
10
fense Economic Competition Research Council.
11
‘‘(B) Developing and maintaining require-
12
ments for economic competition activities to re-
13
inforce military advantage, including require-
14
ments described in subsection (d).
15
‘‘(C) Developing and maintaining a cam-
16
paign plan for economic competition activities
17
to reinforce military advantage.
18
‘‘(D) Conducting or sponsoring analyses
19
and other net assessment activities to scope eco-
20
nomic competition activities, gaps, needs, or re-
21
quirements related to activities of the United
22
States, allies of the United States, or adver-
23
saries.
24
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‘‘(E) Directing the execution of economic
1
competition activities.
2
‘‘(F) Developing programming and budget
3
submissions for economic competition activities.
4
‘‘(G) Advising the Secretary and the Dep-
5
uty Secretary with respect to economic competi-
6
tion activities, including with respect to coordi-
7
nating integration of economic competition re-
8
quirements or programs into joint and inter-
9
agency planning activities.
10
‘‘(H) Acting as the principal interlocutor
11
for interagency activities related to economic
12
competition activities.
13
‘‘(I) Leading outreach of the Department
14
of Defense to relevant private actors engaged in
15
economic competition activities, including by
16
liaising with private actors under section 1047
17
of the James M. Inhofe National Defense Au-
18
thorization Act for Fiscal Year 2023 (Public
19
Law 117–263; 10 U.S.C. 113 note).
20
‘‘(J) Sponsoring or conducting regular ta-
21
bletop exercises related to economic competition
22
activities in order—
23
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‘‘(i) to assess the economic impacts of
1
decisions of the Department of Defense
2
during crises and conflicts;
3
‘‘(ii) to evaluate the economic tools
4
available to the United States Government
5
to augment the capabilities of the Depart-
6
ment of Defense in competition, crises, and
7
conflicts; or
8
‘‘(iii) to evaluate planning scenarios or
9
concept development, including to test pro-
10
posed doctrine, tactics, or other nonmate-
11
rial approaches for economic competition
12
activities that might be used by the De-
13
partment of Defense.
14
‘‘(K) Selecting economic competition activi-
15
ties projects to be carried out using funds made
16
available to the Unit, allocating funds to orga-
17
nizations to carry out such projects, and moni-
18
toring the execution of such projects.
19
‘‘(L) Serving as the co-chair of the Na-
20
tional Security Capital Forum.
21
‘‘(M) Regularly updating the National Se-
22
curity Council and relevant Federal agencies
23
with respect to the economic competition activi-
24
ties of the Department of Defense.
25
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‘‘(2) NO
RESPONSIBILITY
FOR
NEGOTIATING
1
EQUITY INVESTMENTS.—The Unit—
2
‘‘(A) shall not be responsible for negoti-
3
ating or executing any agreements related to—
4
‘‘(i) taking an equity interest in an
5
entity; or
6
‘‘(ii) using debt instruments, war-
7
rants, options, and other rights to acquire
8
an equity interest in an entity; and
9
‘‘(B) shall work with and through existing
10
entities within the Department established to
11
negotiate and execute such agreements.
12
‘‘(d) ECONOMIC COMPETITION REQUIREMENTS.—
13
‘‘(1) IN GENERAL.—The requirements for eco-
14
nomic competition activities developed and main-
15
tained by the Unit under subsection (c)(1)(B) may
16
include requirements for—
17
‘‘(A) access, basing, and overflight;
18
‘‘(B) countering mobilization of adver-
19
saries;
20
‘‘(C) countering modernization of adver-
21
saries;
22
‘‘(D) countering defense industrial base ac-
23
tivities by adversaries;
24
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‘‘(E) ensuring the access of the United
1
States to critical materials and capabilities; and
2
‘‘(F) such other matters as the Director
3
considers appropriate.
4
‘‘(2) CONSULTATIONS.—In developing require-
5
ments for economic competition activities under sub-
6
section (c)(1)(B), the Director shall consult—
7
‘‘(A) integrated priorities lists from com-
8
batant commanders derived from operational
9
plans or theater campaign plans;
10
‘‘(B) integrated priorities lists of defense
11
industrial base shortfalls or investment opportu-
12
nities; and
13
‘‘(C) the outcomes of experimentation
14
events, science and technology activities, and
15
examinations of issues of economic competition
16
by concept development organizations.
17
‘‘(e) STAFFING.—In consultation with the Secretary
18
and the Deputy Secretary, the Director shall ensure—
19
‘‘(1) staffing of the Unit with individuals with
20
relevant expertise and experience, including a diver-
21
sified mix of individuals with expertise in—
22
‘‘(A) financial analysis;
23
‘‘(B) national security economics;
24
‘‘(C) intelligence analysis;
25
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‘‘(D) international business or finance;
1
‘‘(E) campaign planning;
2
‘‘(F) military operations;
3
‘‘(G) supply chain planning or risk man-
4
agement; and
5
‘‘(H) complex real estate or construction
6
mega-projects; and
7
‘‘(2) such individuals are vetted for and abide
8
by conflict-of-interest regulations prescribed under
9
subsection (f) specifically for the Unit to protect the
10
significantly sensitive nature of the economic data
11
and decision-making conducted by staff of the Unit.
12
‘‘(f) CONFLICT-OF-INTEREST REGULATIONS.—
13
‘‘(1) IN GENERAL.—The Director shall submit
14
to the congressional defense committees—
15
‘‘(A) not later than July 1, 2027, interim
16
conflict-of-interest regulations required by sub-
17
section (e)(2) applicable to the staff of the
18
Unit; and
19
‘‘(B) not later than January 31, 2028,
20
final such regulations.
21
‘‘(2) UPDATES.—The conflict-of-interest regula-
22
tions prescribed under subparagraph (A) shall be
23
updated not less frequently than once every three
24
years.
25
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‘‘(g) REPORTING REQUIREMENTS.—
1
‘‘(1) QUARTERLY
BRIEFINGS.—Not less fre-
2
quently than quarterly, the Director shall provide to
3
the Secretary and the congressional defense commit-
4
tees a briefing on, for the quarter preceding the
5
briefing—
6
‘‘(A) the activities of the Unit;
7
‘‘(B) the outcomes of and advances result-
8
ing from such activities; and
9
‘‘(C) work product of the Unit.
10
‘‘(2) ANNUAL
REPORTS.—Not less frequently
11
than annually, the Director shall submit to the con-
12
gressional defense committees a report on the mat-
13
ters described in subparagraphs (A), (B), and (C) of
14
paragraph (1) for the year preceding submission of
15
the report.
16
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
17
tion shall be construed to confer upon the Director or the
18
Unit any new authority beyond planning, coordinating,
19
and advising the Department of Defense with respect to
20
economic competition activities.
21
‘‘(i) ECONOMIC
COMPETITION
ACTIVITIES
DE-
22
FINED.—In this section, the term ‘economic competition
23
activities’ means actions that are taken to reinforce mili-
24
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tary advantage in and through the economic domain, in-
1
cluding such actions taken—
2
‘‘(1) to leverage private capital and market ac-
3
tors;
4
‘‘(2) to acquire or procure items;
5
‘‘(3) to protect or enhance the economic or
6
technological advantage of the United States or al-
7
lies of the United States;
8
‘‘(4) in the information environment or cyber
9
environment or as other sensitive operations; or
10
‘‘(5) to leverage interagency authorities.’’.
11
(b) PERSONNEL MANAGEMENT AUTHORITY.—Sec-
12
tion 4092(a) of title 10, United States Code, is amended
13
by adding at the end the following new paragraph:
14
‘‘(12) ECONOMIC DEFENSE UNIT.—The Direc-
15
tor of the Economic Defense Unit may carry out a
16
program of personnel management authority pro-
17
vided in subsection (b) in order to facilitate recruit-
18
ment of eminent experts described in section 149a(e)
19
of this title.’’.
20
(c) NATIONAL DEFENSE ECONOMIC COMPETITION
21
RESEARCH COUNCIL.—Section 228(c) of the Servicemem-
22
ber Quality of Life Improvement and National Defense
23
Authorization Act for Fiscal Year 2025 (Public Law 118–
24
159; 10 U.S.C. 4001 note) is amended—
25
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(1) by amending paragraph (1) to read as fol-
1
lows:
2
‘‘(1) CHAIR.—The Director of the Economic
3
Defense Unit shall be the chair of the Council.’’; and
4
(2) in paragraph (2)—
5
(A) by redesignating subparagraphs (A)
6
through (N) as clauses (i) through (xiv), respec-
7
tively, and by moving such clauses, as so redes-
8
ignated, two ems to the right; and
9
(B) by striking ‘‘The co-chairs’’ and all
10
that follows through ‘‘the following:’’ and in-
11
serting in the following: ‘‘The Council shall in-
12
clude the following:
13
‘‘(A) The Under Secretary of Defense for
14
Policy.
15
‘‘(B) The Under Secretary of Defense for
16
Research and Engineering.
17
‘‘(C) The Under Secretary of Defense for
18
Acquisition and Sustainment.
19
‘‘(D) Representatives from each of the fol-
20
lowing:’’.
21
(d) NATIONAL SECURITY CAPITAL FORUM.—Section
22
1092(b) of the Servicemember Quality of Life Improve-
23
ment and National Defense Authorization Act for Fiscal
24
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Year 2025 (Public Law 118–159; 10 U.S.C. 149 note) is
1
amended to read as follows:
2
‘‘(b) CO-CHAIRS.—The Director of the Office of Stra-
3
tegic Capital and the Director of the Economic Defense
4
Unit shall serve as co-chairs of the Forum established
5
under subsection (a).’’.
6
SEC. 902. EXTENSION OF PILOT PROGRAM ON CAPITAL AS-
7
SISTANCE OF OFFICE OF STRATEGIC CAP-
8
ITAL.
9
Section 149(e)(9) of title 10, United States Code, is
10
amended by striking ‘‘2028’’ each place it appears and
11
inserting ‘‘2038’’.
12
SEC. 903. REQUIREMENT FOR PROFESSIONAL CODE OF
13
CONDUCT FOR CERTAIN DEPARTMENT OF
14
DEFENSE POSITIONS.
15
(a) IN GENERAL.—Not later than August 1, 2027,
16
the Secretary of Defense shall develop a professional code
17
of conduct for individuals serving in positions in the De-
18
partment of Defense specified in subsection (c), or adopt
19
or modify an existing code of conduct to apply to those
20
positions, to ensure that individuals in those positions
21
have clear guidance on the ethics and standards governing
22
their professional behavior.
23
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(b) ELEMENTS.—In developing, or adopting or modi-
1
fying, a code of conduct under subsection (a), the Sec-
2
retary shall ensure that the code—
3
(1) reinforces the need for integrity, com-
4
petence, diligence, and exercise of care in profes-
5
sional judgment by individuals serving in positions
6
specified in subsection (c) in all actions representing
7
the United States Government;
8
(2) ensures the integrity of decision-making by
9
those individuals and of data generated by those in-
10
dividuals that affects global capital markets;
11
(3) requires those individuals to avoid any ac-
12
tion that would potentially distort markets or lead to
13
the perception of distorting or manipulating mar-
14
kets;
15
(4) requires those individuals to, as representa-
16
tives of the United States Government, take all care
17
and caution to avoid real or perceived conflicts of in-
18
terest; and
19
(5) ensures those individuals conduct thorough
20
documentation of—
21
(A) all actions taken by those individuals
22
while serving in the positions specified in sub-
23
section (c); and
24
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(B) all communication between those indi-
1
viduals and other government entities; and
2
(C) all communication between those indi-
3
viduals and the private sector.
4
(c) POSITIONS SPECIFIED.—A position specified in
5
this subsection is any position of an employee or con-
6
tractor in any of the following components of the Depart-
7
ment of Defense:
8
(1) The Economic Defense Unit.
9
(2) The Office of Strategic Capital.
10
(3) The Office of Expanded Competition.
11
(4) The Office of the Assistant Secretary of De-
12
fense for Industrial Base Policy.
13
(d) BRIEFING REQUIRED.—Not later than Sep-
14
tember 15, 2027, the Secretary of Defense shall provide
15
a briefing to the congressional defense committees regard-
16
ing—
17
(1) the implementation of the code of conduct
18
required by subsection (a);
19
(2) the number of employees and contractors
20
covered by that code; and
21
(3) the process the Department of Defense will
22
use to regulate breaches of that code.
23
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SEC. 904. REDESIGNATION OF UNDER SECRETARY OF DE-
1
FENSE FOR PERSONNEL AND READINESS; RE-
2
ORGANIZATION OF ASSISTANT SECRETARIES
3
OF DEFENSE.
4
(a) REDESIGATION OF UNDER SECRETARY OF DE-
5
FENSE FOR PERSONNEL AND READINESS AS UNDER SEC-
6
RETARY OF DEFENSE FOR PERSONNEL AND HEALTH AF-
7
FAIRS.—
8
(1) IN
GENERAL.—Section 136 of title 10,
9
United States Code, is amended—
10
(A) in the section heading, by striking
11
‘‘Readiness’’ and inserting ‘‘Health Af-
12
fairs’’; and
13
(B) by striking ‘‘and Readiness’’ each
14
place it appears and inserting ‘‘and Health Af-
15
fairs’’.
16
(2) REFERENCES.—Any reference in any law or
17
regulation to the Under Secretary of Defense for
18
Personnel and Readiness or the office of that Under
19
Secretary shall, on and after the effective date de-
20
scribed in subsection (d), be deemed to be a ref-
21
erence to Under Secretary of Defense for Personnel
22
and Health Affairs or the office of that Under Sec-
23
retary, as the case may be.
24
(3) CONFORMING
AMENDMENTS.—Title 10,
25
United States Code, is amended—
26
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(A) by striking ‘‘Under Secretary of De-
1
fense for Personnel and Readiness’’ each place
2
it appears and inserting ‘‘Under Secretary of
3
Defense for Personnel and Health Affairs’’; and
4
(B) by striking ‘‘Under Secretary for Per-
5
sonnel and Readiness’’ each place it appears
6
and inserting ‘‘Under Secretary of Defense for
7
Personnel and Health Affairs’’.
8
(b) REORGANIZATION OF ASSISTANT SECRETARIES
9
OF DEFENSE.—
10
(1) ESTABLISHMENT OF ASSISTANT SECRETARY
11
OF DEFENSE FOR SUSTAINMENT AND READINESS.—
12
(A) ESTABLISHMENT.—Section 138(b) of
13
title 10, United States Code, is amended by
14
adding at the end the following new paragraph:
15
‘‘(10) One of the Assistant Secretaries is the Assist-
16
ant Secretary of Defense for Sustainment and Readiness,
17
who shall report directly to the Under Secretary of De-
18
fense for Acquisition, Technology, and Logistics. The As-
19
sistant Secretary of Defense for Sustainment and Readi-
20
ness shall serve as the principal advisor to the Under Sec-
21
retary of Defense for Acquisition, Technology, and Logis-
22
tics and the Secretary of Defense on all matters relating
23
to the sustainment and readiness of the armed forces.’’.
24
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(B) RESPONSIBILITY FOR FUNCTIONS OF
1
ASSISTANT
SECRETARIES
OF
DEFENSE
FOR
2
SUSTAINMENT AND FOR READINESS.—The As-
3
sistant Secretary of Defense for Sustainment
4
and Readiness shall exercise—
5
(i) all functions vested in the Assist-
6
ant Secretary of Defense for Sustainment
7
before the date of the enactment of this
8
Act, including responsibility for logistics,
9
materiel readiness, maintenance policy,
10
transportation, and related sustainment ac-
11
tivities; and
12
(ii) all functions transferred from the
13
Assistant Secretary of Defense for Readi-
14
ness under paragraph (3)(B), including re-
15
sponsibility for military readiness report-
16
ing, readiness policy, training support, and
17
related readiness activities.
18
(2) REDESIGNATION OF ASSISTANT SECRETARY
19
OF DEFENSE FOR SUSTAINMENT.—
20
(A) IN
GENERAL.—The Assistant Sec-
21
retary of Defense for Sustainment, within the
22
Office of the Under Secretary of Defense for
23
Acquisition and Sustainment (as in effect on
24
the day before the date of the enactment of this
25
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Act), is redesignated as the Assistant Secretary
1
of Defense for Sustainment and Readiness, as
2
established by paragraph (10) of section 138(b)
3
of title 10, United States Code, as added by
4
paragraph (1)(A).
5
(B) REFERENCES.—Any reference in any
6
law, regulation, guidance, directive, or other
7
document to the Assistant Secretary of Defense
8
for Sustainment shall, on and after the effective
9
date described in subsection (d), be deemed to
10
refer to the Assistant Secretary of Defense for
11
Sustainment and Readiness.
12
(3) ELIMINATION OF ASSISTANT SECRETARY OF
13
DEFENSE FOR READINESS.—
14
(A) IN GENERAL.—The position of Assist-
15
ant Secretary of Defense for Readiness within
16
the Office of the Under Secretary of Defense
17
for Personnel and Readiness (as in effect on the
18
day before the date of the enactment of this
19
Act) is eliminated.
20
(B) TRANSFER OF FUNCTIONS.—All func-
21
tions, duties, powers, and authorities of the As-
22
sistant Secretary of Defense for Readiness are
23
transferred to the Assistant Secretary of De-
24
fense for Sustainment and Readiness estab-
25
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lished by paragraph (10) of section 138(b) of
1
title 10, United States Code, as added by para-
2
graph (1)(A).
3
(C) REFERENCES.—Any reference in any
4
law, regulation, guidance, directive, or other
5
document to the Assistant Secretary of Defense
6
for Readiness shall, on and after the effective
7
date described in subsection (d), be deemed to
8
refer to the Assistant Secretary of Defense for
9
Sustainment and Readiness established by
10
paragraph (10) of section 138(b) of title 10,
11
United States Code, as added by paragraph
12
(1)(A).
13
(4) ESTABLISHMENT OF ASSISTANT SECRETARY
14
OF
DEFENSE
FOR
HOUSING, PERSONNEL
MOVE-
15
MENT, AND TRAVEL POLICY.—Section 138(b) of title
16
10, United States Code, as amended by paragraph
17
(1)(A), is further amended by adding at the end the
18
following new paragraph:
19
‘‘(11)(A) One of the Assistant Secretaries is the As-
20
sistant Secretary of Defense for Housing, Personnel Move-
21
ment, and Travel Policy, who shall serve as a principal
22
assistant secretary within the Office of the Under Sec-
23
retary of Defense for Personnel and Health Affairs.
24
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‘‘(B) The Assistant Secretary of Defense for Hous-
1
ing, Personnel Movement, and Travel Policy shall be ap-
2
pointed from among persons who have substantial experi-
3
ence in military housing, personnel policy, or related fields.
4
‘‘(C) Subject to the authority, direction, and control
5
of the Under Secretary of Defense for Personnel and
6
Health Affairs, the Assistant Secretary of Defense for
7
Housing, Personnel Movement, and Travel Policy shall
8
have, as the principal duties of the Assistant Secretary,
9
the overall supervision of the policy and programs of the
10
Department of Defense relating to—
11
‘‘(D) privatized military housing under sub-
12
chapter IV of chapter 169 of this title, including any
13
privatized military family housing programs;
14
‘‘(E) unaccompanied personnel housing, includ-
15
ing the management, oversight, and policy for all
16
unaccompanied housing programs of the Depart-
17
ment;
18
‘‘(F) travel regulations, including policies and
19
entitlements with respect to permanent changes of
20
station and related travel programs;
21
‘‘(G) the Defense Travel Management Office
22
and all Department-wide travel management pro-
23
grams; and
24
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‘‘(H) the Defense Personal Property Program,
1
including the household goods and personally pro-
2
cured move programs.’’.
3
(5) DESIGNATION
OF
ASSISTANT
SECRETARY
4
OF
DEFENSE
FOR
HOUSING, PERSONNEL
MOVE-
5
MENT, AND TRAVEL POLICY CHIEF HOUSING OFFI-
6
CER.—
7
(A) IN
GENERAL.—Section 2851a(a) of
8
title 10, United States Code, is amended by
9
striking ‘‘the Assistant Secretary of Defense for
10
Energy, Installations, and Environment’’ and
11
inserting ‘‘the Assistant Secretary of Defense
12
for Housing, Personnel Movement, and Travel
13
Policy’’.
14
(B) TRANSFER OF CHIEF HOUSING OFFI-
15
CER FUNCTIONS.—All functions, duties, and au-
16
thorities vested in the Assistant Secretary of
17
Defense for Energy, Installations, and Environ-
18
ment in the capacity of Chief Housing Officer
19
of the Department of Defense are transferred
20
to the Assistant Secretary of Defense for Hous-
21
ing, Personnel Movement, and Travel Policy es-
22
tablished by paragraph (11) of section 138(b)
23
of title 10, United States Code, as added by
24
paragraph (4).
25
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(C) REFERENCES.—Any reference in any
1
law, regulation, guidance, directive, or other
2
document to the Chief Housing Officer or to
3
the Assistant Secretary of Defense for Energy,
4
Installations, and Environment acting in the ca-
5
pacity of the Chief Housing Officer shall, on
6
and after the effective date described in sub-
7
section (d), be deemed to refer to the Assistant
8
Secretary of Defense for Housing, Personnel
9
Movement, and Travel Policy established by
10
paragraph (11) of section 138(b) of title 10,
11
United States Code, as added by paragraph (4).
12
(c) IMPLEMENTATION.—Not later than 90 days after
13
the date of the enactment of this Act, the Secretary of
14
Defense shall—
15
(1) submit to the Committees on Armed Serv-
16
ices of the Senate and the House of Representatives
17
a plan for implementing this section and the amend-
18
ments made by this section; and
19
(2) revise Department of Defense Directive
20
5124.02 (relating to the Under Secretary of Defense
21
for Personnel and Readiness) and any other relevant
22
documents issued by the Department in accordance
23
with that plan.
24
(d) EFFECTIVE DATE.—
25
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(1) IN
GENERAL.—This section (other than
1
subsection (c)), and the amendments made by this
2
section, shall take effect on January 20, 2029.
3
(2) AUTHORITY
FOR
EARLY
IMPLEMENTA-
4
TION.—Notwithstanding the effective date described
5
in paragraph (1), the Secretary of Defense may im-
6
plement any provision of or amendment made by
7
this section before that effective date if the Sec-
8
retary determines that doing so is in the best inter-
9
ests of the Department of Defense.
10
SEC. 905. RESPONSIBILITY FOR CYBER MATTERS IN OFFICE
11
OF SECRETARY OF DEFENSE.
12
(a) ESTABLISHMENT OF UNDER SECRETARY OF DE-
13
FENSE FOR CYBER, INFORMATION, AND NETWORKS.—
14
(1) OFFICE OF SECRETARY OF DEFENSE.—Sec-
15
tion 131(b) of title 10, United States Code is
16
amended—
17
(A) in paragraph (3), by adding at the end
18
the following new subparagraph:
19
‘‘(G) The Under Secretary of Defense for
20
Cyber, Information, and Networks.’’;
21
(B) by striking paragraph (5); and
22
(C)
by
redesignating
paragraphs
(6)
23
through (9) as paragraphs (5) through (8), re-
24
spectively.
25
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(2) UNDER SECRETARY.—Chapter 4 of title 10,
1
United States Code, is amended by inserting after
2
section 133b the following:
3
‘‘§ 133c. Under Secretary of Defense for Cyber, Infor-
4
mation, and Networks
5
‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an
6
Under Secretary of Defense for Cyber, Information, and
7
Networks, appointed from civilian life by the President,
8
by and with the advice and consent of the Senate. The
9
Under Secretary shall be appointed from among persons
10
who have an extensive background in management, cyber
11
operations, information technology, or related fields, and
12
have experience with managing complex programs or orga-
13
nizations. A person may not be appointed as Under Sec-
14
retary within seven years after relief from active duty as
15
a commissioned officer of a regular component of an
16
armed force.
17
‘‘(b) DUTIES AND POWERS.—Subject to the author-
18
ity, direction, and control of the Secretary of Defense, the
19
Under Secretary shall perform such duties and exercise
20
such powers as the Secretary may prescribe, including—
21
‘‘(1) serving as the Principal Cyber Advisor to
22
the Secretary of Defense, with the authorities and
23
responsibilities specified in section 146 of this title;
24
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‘‘(2) serving as the Chief Information Officer of
1
the Department of Defense, with the authorities and
2
responsibilities specified in section 142 of this title;
3
‘‘(3) establishing Department of Defense-wide
4
policy, strategy, and investment priorities for the
5
adoption and integration of artificial intelligence and
6
data strategy and management capabilities, includ-
7
ing the development and implementation of a com-
8
prehensive data strategy to enable decision advan-
9
tage across the Department;
10
‘‘(4) establishing and enforcing Department-
11
wide cybersecurity policy, standards, and programs,
12
and the coordination of cybersecurity standards and
13
policies with other Federal agencies, coalition part-
14
ners, and industry;
15
‘‘(5) providing strategic direction and policy for
16
the information technology enterprise of the Depart-
17
ment, including network modernization, cloud adop-
18
tion, collaboration capabilities, and the development,
19
fielding, and scaling of digital services and software
20
capabilities across the Department; and
21
‘‘(6) establishing policy and strategy for the re-
22
cruitment, development, and retention of the cyber
23
and information technology workforce of the Depart-
24
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ment, including the Cyber Excepted Service and re-
1
lated workforce development programs.
2
‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.—
3
‘‘(1) PRECEDENCE IN MATTERS OF RESPONSI-
4
BILITY.—With regard to all matters for which the
5
Under Secretary has responsibility by the direction
6
of the Secretary of Defense or by law, the Under
7
Secretary takes precedence in the Department of
8
Defense after the Secretary and the Deputy Sec-
9
retary of Defense.
10
‘‘(2) PRECEDENCE IN OTHER MATTERS.—With
11
regard to all matters other than the matters for
12
which the Under Secretary has responsibility by the
13
direction of the Secretary or by law, the Under Sec-
14
retary takes precedence in the Department of De-
15
fense after the Secretary, the Deputy Secretary, and
16
the Secretaries of the military departments.
17
‘‘(d) ORGANIZATION OF OFFICE OF UNDER SEC-
18
RETARY.—The Office of the Under Secretary of Defense
19
for Cyber, Information, and Networks shall consist of the
20
following:
21
‘‘(1) An Assistant Secretary of Defense for Net-
22
works, Infrastructure, and Enterprise Software.
23
‘‘(2) An Assistant Secretary of Defense for
24
Cyber Policy.
25
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‘‘(3) An Assistant Secretary of Defense for Re-
1
sources and Forces.
2
‘‘(4) The Chief Digital and Artificial Intel-
3
ligence Officer of the Department of Defense, who
4
shall serve as the Chief Artificial Intelligence Officer
5
and the Chief Data Officer of the Department of
6
Defense, and who shall report directly to the Under
7
Secretary.
8
‘‘(5) The Chief Information Security Officer of
9
the Department of Defense, who shall report directly
10
to the Under Secretary.’’.
11
(3) DEPUTY UNDER SECRETARY.—Section 137a
12
of title 10, United States Code, is amended—
13
(A) in subsection (a)(1), by striking ‘‘six’’
14
and inserting ‘‘seven’’; and
15
(B) in subsection (c), by adding at the end
16
the following new paragraph:
17
‘‘(7) One of the Deputy Under Secretaries is the Dep-
18
uty Under Secretary of Defense for Cyber, Information,
19
and Networks.’’.
20
(4) ASSISTANT
SECRETARY.—Section 138 of
21
title 10, United States Code, is amended—
22
(A) in subsection (a)(1), by striking ‘‘20’’
23
and inserting ‘‘21’’; and
24
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(B) by amending subsection (b)(9) to read
1
as follows:
2
‘‘(9) One of the Assistant Secretaries is the Assistant
3
Secretary of Defense for Cyber Policy. The Assistant Sec-
4
retary shall report directly to the Under Secretary of De-
5
fense for Cyber, Information, and Networks.’’.
6
(b) PRINCIPAL CYBER ADVISOR.—
7
(1) IN GENERAL.—Chapter 4 of title 10, United
8
States Code, is amended by inserting after section
9
145 the following new section:
10
‘‘§ 146. Principal Cyber Advisor and Deputy Principal
11
Cyber Advisor
12
‘‘(a) PRINCIPAL CYBER ADVISOR.—
13
‘‘(1) ESTABLISHMENT.—There is a Principal
14
Cyber Advisor of the Department of Defense.
15
‘‘(2) RESPONSIBILITIES.—The Principal Cyber
16
Advisor shall do the following:
17
‘‘(A) Subject to the authority, direction,
18
and control of the Secretary of Defense, exer-
19
cise authority, direction, and control over all
20
cyber-peculiar administrative matters relating
21
to the organization, training, and equipping of
22
cyber forces across the military departments
23
and the United States Cyber Command.
24
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‘‘(B) Act as the principal civilian advisor
1
to the Secretary on all cyber matters, including
2
military cyber forces and activities.
3
‘‘(C) After the Secretary and the Deputy
4
Secretary, serve as the principal cyber official
5
within the senior management of the Depart-
6
ment of Defense.
7
‘‘(D) Execute overall integration of the ac-
8
tivities of cyberspace operations forces, includ-
9
ing associated policy and operational consider-
10
ations, resources, personnel, technology develop-
11
ment and transition, and acquisition.
12
‘‘(E) Develop, assess, and oversee the im-
13
plementation of the cyber strategy of the De-
14
partment and execution of the cyber posture re-
15
view of the Department on behalf of the Sec-
16
retary.
17
‘‘(F) Coordinate activities pursuant to sub-
18
paragraphs (A) and (B) of paragraph (3) with
19
the Principal Information Operations Advisor
20
and other officials as determined by the Sec-
21
retary, to ensure the integration of activities in
22
support of cyber, information technology, infor-
23
mation, and electromagnetic spectrum oper-
24
ations.
25
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‘‘(G) Undertake such other matters relat-
1
ing to the cyberspace operations forces of the
2
Department as the Secretary shall specify for
3
the purposes of this subsection.
4
‘‘(3)
CROSS-FUNCTIONAL
TEAM.—Consistent
5
with section 911 of the National Defense Authoriza-
6
tion Act for Fiscal Year 2017 (Public Law 114–328;
7
10 U.S.C. 111 note), the Principal Cyber Advisor
8
shall—
9
‘‘(A) integrate the cyber expertise and per-
10
spectives of appropriate organizations within
11
the Office of the Secretary of Defense, the
12
Joint Staff, the military departments, the De-
13
fense Agencies, the Department of Defense
14
Field Activities, and the combatant commands,
15
by establishing and maintaining a full-time
16
cross-functional team of subject-matter experts
17
from those organizations; and
18
‘‘(B) select team members, and designate a
19
team leader, from among those personnel nomi-
20
nated by the heads of such organizations.
21
‘‘(4) BUDGET REVIEW.—
22
‘‘(A) TRANSMITTAL OF PROPOSED BUDG-
23
ETS.—The Secretary of Defense, acting through
24
the Under Secretary of Defense (Comptroller),
25
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shall require the Secretaries of the military de-
1
partments and the heads of the Defense Agen-
2
cies with responsibilities associated with any ac-
3
tivity specified in paragraph (2) to transmit the
4
proposed budget for such activities for a fiscal
5
year and for the period covered by the future-
6
years defense program submitted to Congress
7
under section 221 of this title for that fiscal
8
year to the Principal Cyber Advisor for review
9
under subparagraph (B) before submitting the
10
proposed budget to the Under Secretary of De-
11
fense (Comptroller).
12
‘‘(B) REVIEW OF PROPOSED BUDGETS.—
13
The Principal Cyber Advisor shall review each
14
proposed budget transmitted under subpara-
15
graph (A) and, not later than January 31 of
16
the year preceding the fiscal year for which the
17
budget is proposed, shall submit to the Sec-
18
retary of Defense a report containing the com-
19
ments of the Principal Cyber Advisor with re-
20
spect to all such proposed budgets, together
21
with the certification of the Principal Cyber Ad-
22
visor regarding whether each proposed budget
23
is adequate.
24
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‘‘(C) REPORT REQUIRED.—Not later than
1
March 31 of each year, the Secretary of De-
2
fense shall submit to Congress a report speci-
3
fying each proposed budget that the Principal
4
Cyber Advisor did not certify to be adequate.
5
The report of the Secretary shall include the
6
following matters:
7
‘‘(i) A discussion of the actions that
8
the Secretary proposes to take, together
9
with any recommended legislation that the
10
Secretary considers appropriate, to address
11
the inadequacy of the proposed budgets
12
specified in the report.
13
‘‘(ii) Any additional comments that
14
the Secretary considers appropriate regard-
15
ing the inadequacy of the proposed budg-
16
ets.
17
‘‘(b) SENIOR MILITARY ADVISOR FOR CYBER POLICY
18
AND DEPUTY PRINCIPAL CYBER ADVISOR.—
19
‘‘(1) ADVISOR.—
20
‘‘(A) IN GENERAL.—The Secretary of De-
21
fense shall, acting through the Joint Staff, des-
22
ignate an officer within the Office of the Under
23
Secretary of Defense for Policy to serve within
24
that Office as the Senior Military Advisor for
25
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Cyber Policy, and concurrently, as the Deputy
1
Principal Cyber Advisor of the Department of
2
Defense.
3
‘‘(B) OFFICERS ELIGIBLE FOR DESIGNA-
4
TION.—The officer designated pursuant to this
5
paragraph shall be designated from among com-
6
missioned regular officers of the armed forces
7
in a general or flag officer grade who are quali-
8
fied for designation.
9
‘‘(C) GRADE.—The officer designated pur-
10
suant to this paragraph shall have the grade of
11
major general or rear admiral (upper half)
12
while serving in that position, without vacating
13
the officer’s permanent grade.
14
‘‘(2) SCOPE OF POSITIONS.—
15
‘‘(A) IN GENERAL.—The officer designated
16
pursuant to paragraph (1) is each of the fol-
17
lowing:
18
‘‘(i) The Senior Military Advisor for
19
Cyber Policy to the Principal Cyber Advi-
20
sor.
21
‘‘(ii) The Deputy Principal Cyber Ad-
22
visor to the Secretary of Defense.
23
‘‘(B) DIRECTION AND CONTROL AND RE-
24
PORTING.—In carrying out duties under this
25
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section, the officer designated pursuant to para-
1
graph (1) shall be subject to the authority, di-
2
rection, and control of, and shall report directly
3
to, the Principal Cyber Advisor.
4
‘‘(3) DUTIES.—
5
‘‘(A) DUTIES AS SENIOR MILITARY ADVI-
6
SOR FOR CYBER POLICY.—The duties of the of-
7
ficer designated pursuant to paragraph (1) as
8
Senior Military Advisor for Cyber Policy are as
9
follows:
10
‘‘(i) To serve as the principal military
11
advisor on military cyber forces and mili-
12
tary cyber activities to the Principal Cyber
13
Advisor.
14
‘‘(ii) To assess and advise the Prin-
15
cipal Cyber Advisor on aspects of policy re-
16
lating to activities of cyberspace operations
17
forces, resources, personnel, cyber force
18
readiness, cyber workforce development,
19
and defense of Department of Defense net-
20
works.
21
‘‘(iii) To advocate, in consultation
22
with the Joint Staff, and senior officers of
23
the armed forces and the combatant com-
24
mands, for consideration of military issues
25
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within the Office of the Principal Cyber
1
Advisor, including coordination and syn-
2
chronization of activities of cyberspace op-
3
erations forces.
4
‘‘(B) DUTIES
AS
DEPUTY
PRINCIPAL
5
CYBER ADVISOR.—The duties of the officer des-
6
ignated pursuant to paragraph (1) as Deputy
7
Principal Cyber Advisor are as follows:
8
‘‘(i) To synchronize, coordinate, and
9
oversee implementation of the cyber strat-
10
egy of the Department of Defense and
11
other relevant policy and planning.
12
‘‘(ii) To advise the Secretary of De-
13
fense on cyber programs, projects, and ac-
14
tivities of the Department, including with
15
respect to policy, training, resources, per-
16
sonnel, manpower, and acquisitions and
17
technology.
18
‘‘(iii) To oversee implementation of
19
Department policy and operational direc-
20
tives on cyber programs, projects, and ac-
21
tivities, including with respect to resources,
22
personnel, manpower, and acquisitions and
23
technology.
24
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‘‘(iv) To assist in the overall super-
1
vision of military cyber activities relating
2
to offensive missions.
3
‘‘(v) To assist in the overall super-
4
vision of Department defensive cyber oper-
5
ations, including activities of component-
6
level cybersecurity service providers and
7
the integration of such activities with ac-
8
tivities of the Cyber Mission Force.
9
‘‘(vi) To advise senior leadership of
10
the Department on, and advocate for, in-
11
vestment in capabilities to execute Depart-
12
ment missions in and through cyberspace.
13
‘‘(vii) To identify shortfalls in capa-
14
bilities to conduct Department missions in
15
and through cyberspace, and make rec-
16
ommendations on addressing such short-
17
falls in the Program Budget Review proc-
18
ess.
19
‘‘(viii) To coordinate and consult with
20
stakeholders in the cyberspace domain
21
across the Department in order to identify
22
other issues on cyberspace for the atten-
23
tion of senior leadership of the Depart-
24
ment.
25
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‘‘(ix) On behalf of the Principal Cyber
1
Advisor, to lead the cross-functional team
2
established pursuant to subsection (a)(3)
3
in order to synchronize and coordinate ac-
4
tivities of cyberspace operations forces of
5
the Department.
6
‘‘(c) CYBERSPACE OPERATIONS FORCES DEFINED.—
7
In this section, the term ‘cyberspace operations forces’
8
means the military, civilian, and contractor personnel of
9
the Department of Defense in any component of the De-
10
partment of Defense organized, trained, and equipped to
11
plan, conduct, or enable offensive cyberspace operations,
12
defensive cyberspace operations, and Department of De-
13
fense information network operations, as designated by
14
the Secretary of Defense.’’.
15
(2) CONFORMING REPEALS.—Section 392a of
16
title 10, United States Code, is amended—
17
(A) by striking the section heading and in-
18
serting the following:
19
‘‘§ 392a. Cyber governance structures on military
20
cyber force matters’’;
21
(B) by striking subsections (a) and (b);
22
(C) by redesignating subsection (c) as sub-
23
section (a);
24
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(D) in paragraph (2) of subsection (a), as
1
redesignated—
2
(i) in subparagraph (A), by striking
3
‘‘military cyberspace operations forces’’
4
and
inserting
‘‘cyberspace
operations
5
forces’’; and
6
(ii) in subparagraph (B), by striking
7
‘‘military cyberspace operations’’ and in-
8
serting ‘‘activities of cyberspace operations
9
forces’’; and
10
(E) by adding at the end the following new
11
subsection:
12
‘‘(b)
CYBERSPACE
OPERATIONS
FORCES
DE-
13
FINED.—In this section, the term ‘cyberspace operations
14
forces’ has the meaning given that term in section 146
15
of this title.’’.
16
(3) TRANSFER OF FUNCTIONS, PERSONNEL, AS-
17
SETS, AND OBLIGATIONS.—All functions, personnel,
18
assets, and obligations of the Department of Defense
19
Chief Information Officer and the Principal Cyber
20
Advisor of the Department of Defense are trans-
21
ferred to the Under Secretary of Defense for Cyber,
22
Information, and Networks.
23
(4) CONFORMING AMENDMENTS.—
24
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(A) SPECIAL
OPERATIONS
COMMAND.—
1
Section 167b(d)(2)(A) of title 10, United States
2
Code, is amended by striking ‘‘section 392a(a)’’
3
and inserting ‘‘section 146(a)’’.
4
(B) FUNDING
ASSESSMENTS
FOR
ZERO
5
TRUST STRATEGY, PRINCIPLES, AND A MODEL
6
ARCHITECTURE.—Section 1528(e)(2) of the Na-
7
tional Defense Authorization Act for Fiscal
8
Year 2022 (Public Law 117–81; 10 U.S.C.
9
2224 note) is amended by striking ‘‘section
10
392a(c)(4)’’ and inserting ‘‘section 392a(a)(4)’’.
11
(c) MERGER
OF ASSISTANT SECRETARY
OF DE-
12
FENSE FOR CRITICAL TECHNOLOGIES AND ASSISTANT
13
SECRETARY OF DEFENSE FOR MISSION CAPABILITIES.—
14
(1) CONSOLIDATION
REQUIRED.—The Sec-
15
retary of Defense shall consolidate the positions of
16
Assistant Secretary of Defense for Critical Tech-
17
nologies and the Assistant Secretary of Defense for
18
Mission Capabilities into a single position, to be
19
known as the Assistant Secretary of Defense for
20
Critical Technologies and Mission Capabilities.
21
(2) TRANSFER OF FUNCTIONS.—All functions,
22
personnel, assets, and obligations of the Assistant
23
Secretary of Defense for Critical Technologies and
24
the Assistant Secretary of Defense for Mission Ca-
25
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pabilities are transferred to the Assistant Secretary
1
of Defense for Critical Technologies and Mission Ca-
2
pabilities established pursuant to paragraph (1).
3
(3) REFERENCES.—Any reference in any law,
4
regulation, guidance, instruction, or other document
5
of the Federal Government to the Assistant Sec-
6
retary of Defense for Critical Technologies or the
7
Assistant Secretary of Defense for Mission Capabili-
8
ties shall be deemed to refer to the Assistant Sec-
9
retary of Defense for Critical Technologies and Mis-
10
sion Capabilities.
11
(d) EXECUTIVE SCHEDULE LEVEL III.—Section
12
5314 of title 5, United States Code, is amended by insert-
13
ing after ‘‘Under Secretary of Defense for Intelligence and
14
Security.’’ the following:
15
‘‘Under Secretary of Defense for Cyber, Information,
16
and Networks.’’.
17
(e) EXECUTIVE
SCHEDULE
LEVEL
IV.—Section
18
5315 of title 5, United States Code is amended by insert-
19
ing after ‘‘Deputy Under Secretary of Defense for Intel-
20
ligence and Security.’’ the following:
21
‘‘Deputy Under Secretary of Defense for Cyber, In-
22
formation, and Networks.’’.
23
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(f) EFFECTIVE DATE.—Subsections (a) through (e),
1
and the amendments made by those subsections, shall take
2
effect on January 20, 2029.
3
(g) REPORT REQUIRED.—Not later than January 31,
4
2028, the Secretary of Defense shall submit to the con-
5
gressional defense committees a report on how the Depart-
6
ment of Defense intends to execute the amendments made
7
by subsections (a) through (e) that includes—
8
(1) a proposed organizational chart that in-
9
cludes the Deputy Assistant Secretaries of Defense,
10
the Defense Agencies, the Department of Defense
11
Field Activities, and other offices under the new or-
12
ganizational structure; and
13
(2) any recommendations the Secretary con-
14
siders appropriate to improve the organizational
15
structure of the Office of the Secretary of Defense.
16
Subtitle B—Combatant Commands
17
SEC. 911. UNIFIED COMBATANT COMMAND FOR AFRICA.
18
Chapter 6 of title 10, United States Code, is amended
19
by adding at the end the following new section:
20
‘‘§ 168. Unified combatant command for Africa
21
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
22
sistance of the Chairman of the Joint Chiefs of Staff, the
23
President, through the Secretary of Defense, shall estab-
24
lish under section 161 of this title a unified combatant
25
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command for activities of the Department of Defense in
1
Africa (in this section referred to as the ‘United States
2
Africa Command’).
3
‘‘(2) The principal mission of the United States Afri-
4
ca Command is to direct, synchronize, and coordinate mili-
5
tary planning, operations, and security cooperation to de-
6
fend and advance the national interests of the United
7
States with respect to Africa in collaboration with inter-
8
national partners.
9
‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
10
forces of the armed forces shall be assigned to the United
11
States Africa Command through the Global Force Man-
12
agement Process, as approved by the Secretary of De-
13
fense.
14
‘‘(c) GRADE OF COMMANDER.—The Commander of
15
the United States Africa Command shall hold the grade
16
of general or, in the case of an officer of the Navy, admiral
17
while serving in that position, without vacating that offi-
18
cer’s permanent grade. The Commander of such Com-
19
mand shall be appointed to that grade by the President,
20
by and with the advice and consent of the Senate, for serv-
21
ice in that position.
22
‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
23
addition to the authority prescribed in section 164(c) of
24
this title, the Commander of the United States Africa
25
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Command shall be responsible for, and shall have the au-
1
thority to conduct, all affairs of such Command relating
2
to planning, operations, and security cooperation activities
3
of the Department of Defense in Africa.’’.
4
SEC. 912. UNIFIED COMBATANT COMMAND FOR THE MID-
5
DLE EAST AND CENTRAL ASIA.
6
Chapter 6 of title 10, United States Code, as amend-
7
ed by section 911, is further amended by adding at the
8
end the following new section:
9
‘‘§ 168a. Unified combatant command for the Middle
10
East and Central Asia
11
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
12
sistance of the Chairman of the Joint Chiefs of Staff, the
13
President, through the Secretary of Defense, shall estab-
14
lish under section 161 of this title a unified combatant
15
command for activities of the Department of Defense in
16
the central region (in this section referred to as the
17
‘United States Central Command’).
18
‘‘(2) The principal mission of the United States Cen-
19
tral Command is to direct, synchronize, and coordinate
20
military planning, operations, and security cooperation to
21
defend and advance national interests of the United States
22
with respect to the central region in collaboration with
23
international partners.
24
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‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
1
forces of the armed forces shall be assigned to the United
2
States Central Command through the Global Force Man-
3
agement Process, as approved by the Secretary of De-
4
fense.
5
‘‘(c) GRADE OF COMMANDER.—The Commander of
6
the United States Central Command shall hold the grade
7
of general or, in the case of an officer of the Navy, admiral
8
while serving in that position, without vacating that offi-
9
cer’s permanent grade. The Commander of such Com-
10
mand shall be appointed to that grade by the President,
11
by and with the advice and consent of the Senate, for serv-
12
ice in that position.
13
‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
14
addition to the authority prescribed in section 164(c) of
15
this title, the Commander of the United States Central
16
Command shall be responsible for, and shall have the au-
17
thority to conduct, all affairs of such Command relating
18
to planning, operations, and security cooperation activities
19
of the Department of Defense in the central region.
20
‘‘(e) CENTRAL REGION DEFINED.—In this section,
21
the term ‘central region’ means the region comprising the
22
Middle East, including Egypt, and Central Asia.’’.
23
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SEC. 913. UNIFIED COMBATANT COMMAND FOR EUROPE.
1
Chapter 6 of title 10, United States Code, as amend-
2
ed by section 912, is further amended by adding at the
3
end the following new section:
4
‘‘§ 168b. Unified combatant command for Europe
5
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
6
sistance of the Chairman of the Joint Chiefs of Staff, the
7
President, through the Secretary of Defense, shall estab-
8
lish under section 161 of this title a unified combatant
9
command for activities of the Department of Defense in
10
Europe (in this section referred to as the ‘United States
11
European Command’).
12
‘‘(2) The principal mission of the United States Eu-
13
ropean Command is to direct, synchronize, and coordinate
14
military planning, operations, and security cooperation to
15
defend and advance national interests of the United States
16
with respect to Europe in collaboration with international
17
partners.
18
‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
19
forces of the armed forces shall be assigned to the United
20
States European Command through the Global Force
21
Management Process, as approved by the Secretary of De-
22
fense.
23
‘‘(c) GRADE OF COMMANDER.—The Commander of
24
the United States European Command shall hold the
25
grade of general or, in the case of an officer of the Navy,
26
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admiral while serving in that position, without vacating
1
that officer’s permanent grade. The Commander of such
2
Command shall be appointed to that grade by the Presi-
3
dent, by and with the advice and consent of the Senate,
4
for service in that position.
5
‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
6
addition to the authority prescribed in section 164(c) of
7
this title, the Commander of the United States European
8
Command shall be responsible for, and shall have the au-
9
thority to conduct, all affairs of such Command relating
10
to planning, operations, and security cooperation activities
11
of the Department of Defense in Europe.’’.
12
SEC. 914. UNIFIED COMBATANT COMMAND FOR NORTH
13
AMERICA.
14
Chapter 6 of title 10, United States Code, as amend-
15
ed by section 913, is further amended by adding at the
16
end the following new section:
17
‘‘§ 168c. Unified combatant command for North Amer-
18
ica
19
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
20
sistance of the Chairman of the Joint Chiefs of Staff, the
21
President, through the Secretary of Defense, shall estab-
22
lish under section 161 of this title a unified combatant
23
command for activities of the Department of Defense in
24
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North America (in this section referred to as the ‘United
1
States Northern Command’).
2
‘‘(2) The principal missions of the United States
3
Northern Command are—
4
‘‘(A) to direct, synchronize, and coordinate mili-
5
tary planning, operations, and security cooperation
6
to defend and advance national interests of the
7
United States with respect to North America in col-
8
laboration with international partners; and
9
‘‘(B) to plan, organize, and execute missions re-
10
lating to homeland defense and defense support for
11
civil authorities.
12
‘‘(3) The area of responsibility of the United States
13
Northern Command includes Canada, the United States,
14
Mexico, Greenland, the United States Virgin Islands, the
15
British Virgin Islands, Puerto Rico, the Bahamas, and
16
Turks and Caicos Islands.
17
‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
18
forces of the armed forces shall be assigned to the United
19
States Northern Command through the Global Force
20
Management Process, as approved by the Secretary of De-
21
fense.
22
‘‘(c) GRADE OF COMMANDER.—The Commander of
23
the United States Northern Command shall hold the grade
24
of general or, in the case of an officer of the Navy, admiral
25
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while serving in that position, without vacating that offi-
1
cer’s permanent grade. The Commander of such Com-
2
mand shall be appointed to that grade by the President,
3
by and with the advice and consent of the Senate, for serv-
4
ice in that position.
5
‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
6
addition to the authority prescribed in section 164(c) of
7
this title, the Commander of the United States Northern
8
Command shall be responsible for, and shall have the au-
9
thority to conduct, all affairs of such Command relating
10
to planning, operations, and security cooperation activities
11
of the Department of Defense in North America.’’.
12
SEC. 915. UNIFIED COMBATANT COMMAND FOR CENTRAL
13
AMERICA, SOUTH AMERICA, AND THE CARIB-
14
BEAN.
15
Chapter 6 of title 10, United States Code, as amend-
16
ed by section 914, is further amended by adding at the
17
end the following new section:
18
‘‘§ 168d. Unified combatant command for Central
19
America, South America, and the Carib-
20
bean
21
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
22
sistance of the Chairman of the Joint Chiefs of Staff, the
23
President, through the Secretary of Defense, shall estab-
24
lish under section 161 of this title a unified combatant
25
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command for activities of the Department of Defense in
1
Central America, South America, and the Caribbean (in
2
this section referred to as the ‘United States Southern
3
Command’).
4
‘‘(2) The principal mission of the United States
5
Southern Command is to direct, synchronize, and coordi-
6
nate military planning, operations, and security coopera-
7
tion to defend and advance national interests of the
8
United States with respect to Central America, South
9
America, and the Caribbean in collaboration with inter-
10
national partners.
11
‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
12
forces of the armed forces shall be assigned to the United
13
States Southern Command through the Global Force
14
Management Process, as approved by the Secretary of De-
15
fense.
16
‘‘(c) GRADE OF COMMANDER.—The Commander of
17
the United States Southern Command shall hold the grade
18
of general or, in the case of an officer of the Navy, admiral
19
while serving in that position, without vacating that offi-
20
cer’s permanent grade. The Commander of such Com-
21
mand shall be appointed to that grade by the President,
22
by and with the advice and consent of the Senate, for serv-
23
ice in that position.
24
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‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
1
addition to the authority prescribed in section 164(c) of
2
this title, the Commander of the United States Southern
3
Command shall be responsible for, and shall have the au-
4
thority to conduct, all affairs of such Command relating
5
to planning, operations, and security cooperation activities
6
of the Department of Defense in Central America, South
7
America, and the Caribbean.’’.
8
SEC. 916. UNIFIED COMBATANT COMMAND FOR THE INDO-
9
PACIFIC REGION.
10
Chapter 6 of title 10, United States Code, as amend-
11
ed by section 915, is further amended by adding at the
12
end the following new section:
13
‘‘§ 168e. Unified combatant command for the Indo-Pa-
14
cific region
15
‘‘(a) ESTABLISHMENT.—(1) With the advice and as-
16
sistance of the Chairman of the Joint Chiefs of Staff, the
17
President, through the Secretary of Defense, shall estab-
18
lish under section 161 of this title a unified combatant
19
command for activities of the Department of Defense in
20
the Indo-Pacific region (in this section referred to as the
21
‘United States Indo-Pacific Command’).
22
‘‘(2) The principal mission of the United States Indo-
23
Pacific Command is to direct, synchronize, and coordinate
24
military planning, operations, and security cooperation to
25
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defend and advance national interests of the United States
1
with respect to the Indo-Pacific region in collaboration
2
with international partners.
3
‘‘(b) ASSIGNMENT OF FORCES.—Active and reserve
4
forces of the armed forces shall be assigned to the United
5
States Indo-Pacific Command through the Global Force
6
Management Process, as approved by the Secretary of De-
7
fense.
8
‘‘(c) GRADE OF COMMANDER.—The Commander of
9
the United States Indo-Pacific Command shall hold the
10
grade of general or, in the case of an officer of the Navy,
11
admiral while serving in that position, without vacating
12
that officer’s permanent grade. The Commander of such
13
Command shall be appointed to that grade by the Presi-
14
dent, by and with the advice and consent of the Senate,
15
for service in that position.
16
‘‘(d) AUTHORITY OF COMBATANT COMMANDER.—In
17
addition to the authority prescribed in section 164(c) of
18
this title, the Commander of the United States Indo-Pa-
19
cific Command shall be responsible for, and shall have the
20
authority to conduct, all affairs of such Command relating
21
to planning, operations, and security cooperation activities
22
of the Department of Defense in the Indo-Pacific region.’’.
23
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SEC. 917. ESTABLISHMENT OF UNITED STATES ROBOTIC
1
AND AUTONOMOUS SYSTEMS COMMAND.
2
Chapter 6 of title 10, United States Code, is amended
3
by inserting after the item relating to section 167 the fol-
4
lowing new section:
5
‘‘§ 167a. Unified combatant command for robotic and
6
autonomous systems
7
‘‘(a) ESTABLISHMENT.—With the advice and assist-
8
ance of the Chairman of the Joint Chiefs of Staff, the
9
President, through the Secretary of Defense, may estab-
10
lish under section 161 of this title a unified combatant
11
command for robotic and autonomous systems, to be
12
known as the ‘United States Robotic and Autonomous
13
Systems Command’ (in this section referred to as
14
‘RASCOM’).
15
‘‘(b) MISSION.—
16
‘‘(1) IN GENERAL.—In addition to the authority
17
prescribed in section 164(c) of this title, if RASCOM
18
is established under subsection (a), the Commander
19
of RASCOM shall be responsible for, and have the
20
authority to conduct, all functions relating to robotic
21
and autonomous systems assigned by the Secretary
22
of Defense, including force generation, joint train-
23
ing, interoperability, doctrine development, and oper-
24
ational employment through other combatant com-
25
mands.
26
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‘‘(2)
EXCLUSIONS.—The
Commander
of
1
RASCOM shall not be responsible for—
2
‘‘(A) space systems;
3
‘‘(B) autonomous cyber capabilities;
4
‘‘(C) nuclear command, control, and com-
5
munications systems;
6
‘‘(D) integrated air and missile defense
7
sensing; or
8
‘‘(E) Integrated Tactical Warning and At-
9
tack Assessment capabilities.
10
‘‘(c) SERVICE COMPONENT COMMANDS AND FORCE
11
GENERATION.—
12
‘‘(1) ESTABLISHMENT.—If RASCOM is estab-
13
lished under subsection (a), the Army, Navy, Marine
14
Corps, and Air Force shall each establish a service
15
component command under RASCOM to support
16
force generation, organization, training, and equip-
17
ping of forces for robotic and autonomous systems
18
operations.
19
‘‘(2) CAREER
PATHS
AND
TRAINING
PIPE-
20
LINES.—
21
‘‘(A) IN GENERAL.—Each service compo-
22
nent command established under paragraph (1)
23
shall include dedicated career paths, military
24
occupational specialties (or equivalent ratings),
25
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promotion tracks, and training pipelines for
1
personnel assigned to robotic and autonomous
2
systems duties.
3
‘‘(B)
INCLUSION
IN
MANPOWER
RE-
4
PORTS.—If RASCOM is established under sub-
5
section (a), the Secretary of Defense, in coordi-
6
nation with the Secretaries of the military de-
7
partments concerned, shall ensure that the ca-
8
reer paths, specialties, tracks, and pipelines de-
9
scribed in subparagraph (A) are integrated into
10
the personnel management systems of the re-
11
spective armed forces and reported in the an-
12
nual manpower reports required under section
13
115a of this title.
14
‘‘(d)
SUBORDINATE
UNIFIED
COMMANDS.—If
15
RASCOM is established under subsection (a), the Com-
16
mander of RASCOM shall establish subordinate unified
17
commands to operate under the operational control of each
18
geographic combatant command or other combatant com-
19
mand identified by the Secretary of Defense for the pur-
20
pose of integrating robotic and autonomous systems capa-
21
bilities into theater operations. Such subordinate unified
22
commands shall be funded and resourced through
23
RASCOM.
24
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‘‘(e) LIMITATION ON EXERCISE OF COMMAND AU-
1
THORITY.—
2
‘‘(1) IN GENERAL.—If RASCOM is established
3
under subsection (a), the Commander of RASCOM
4
may not command or exercise operational control
5
over operations or forces within the area of responsi-
6
bility of any other combatant command unless—
7
‘‘(A) the combatant commander of that
8
command transfers operational control to the
9
Commander of RASCOM; or
10
‘‘(B) specifically directed by the Secretary
11
of Defense.
12
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
13
this section shall be construed to limit the authority
14
of the Secretary of Defense under section 162 or
15
164 of this title.
16
‘‘(f) JOINT SUBORDINATE UNIFIED COMMAND.—If
17
RASCOM is established under subsection (a), the Com-
18
mander of RASCOM shall establish a joint subordinate
19
unified command to be responsible for—
20
‘‘(1) generating requirements for robotic and
21
autonomous systems;
22
‘‘(2) ensuring interoperability and establishing
23
standards across the joint force;
24
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‘‘(3) planning and conducting joint exercises
1
and training;
2
‘‘(4) developing tactics, techniques, and proce-
3
dures;
4
‘‘(5) exercising special test and evaluation au-
5
thorities for acquisition projects as provided in sub-
6
section (h); and
7
‘‘(6) establishing standards for human systems
8
integration in coordination with the Assistant Sec-
9
retary of Defense for Health Affairs and the Sur-
10
geons General of the military departments.
11
‘‘(g) OPERATIONAL TEST
AND EVALUATION AU-
12
THORITY.—
13
‘‘(1) IN GENERAL.—If RASCOM is established
14
under subsection (a), the Commander of RASCOM
15
shall—
16
‘‘(A) serve as the principal operational test
17
and evaluation functional authority for all pro-
18
grams involving robotic and autonomous sys-
19
tems; and
20
‘‘(B) in that capacity—
21
‘‘(i) determine operational effective-
22
ness and operational suitability; and
23
‘‘(ii) have authority to designate and
24
establish test ranges, develop test plans,
25
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and issue independent reports on such pro-
1
grams.
2
‘‘(2) EXCLUSION OF PROGRAMS ON OVERSIGHT
3
LIST
OF
DIRECTOR
OF
OPERATIONAL
TEST
AND
4
EVALUATION.—Nothing in this subsection shall be
5
construed to limit the oversight responsibilities of
6
the Director of Operational Test and Evaluation
7
with respect to programs on the oversight list of the
8
Director.
9
‘‘(h) LIMITED ACQUISITION AUTHORITY.—
10
‘‘(1) IN GENERAL.—If RASCOM is established
11
under subsection (a), the Secretary of Defense may
12
delegate contracting authorities to the Commander
13
of RASCOM sufficient to enable the Commander—
14
‘‘(A) subject to paragraph (2), to procure
15
limited quantities of robotic and autonomous
16
systems equipment and associated capabilities
17
(including unmanned platforms, attritable sys-
18
tems, swarms, mission kits, and related artifi-
19
cial intelligence-enabled autonomy, command
20
and control, and counter-unmanned systems)
21
for experimental, test and evaluation, rapid
22
prototyping, and initial fielding purposes; and
23
‘‘(B) to procure, operate, and sustain
24
robotic and autonomous systems equipment and
25
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capabilities that one or more military depart-
1
ments have included in a marketplace, catalog,
2
or other pre-priced contracting vehicle with es-
3
tablished pricing and agreed-upon terms and
4
conditions.
5
‘‘(2) LIMITATION.—The Commander may not
6
enter into a contract under paragraph (1)(A) to pro-
7
cure robotic and autonomous systems equipment and
8
associated capabilities the cost of which exceeds
9
$20,000,000.
10
‘‘(i) MAJOR FORCE PROGRAM.—
11
‘‘(1) IN GENERAL.—If RASCOM is established
12
under subsection (a), the Secretary of Defense shall
13
establish and maintain a separate major force pro-
14
gram category for RASCOM in—
15
‘‘(A) the future-years defense program
16
submitted to Congress under section 221 of this
17
title; and
18
‘‘(B) all budget justification materials sub-
19
mitted to Congress in support of the budget of
20
the Department of Defense for a fiscal year (as
21
submitted to Congress with the budget of the
22
President under section 1105(a) of title 31).
23
‘‘(2) REQUIREMENTS FOR BUDGET JUSTIFICA-
24
TION MATERIALS.—If RASCOM is established under
25
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subsection (a), the major force program category for
1
RASCOM required by paragraph (1) shall—
2
‘‘(A) be presented distinctly in the budget
3
justification materials described in paragraph
4
(1)(B); and
5
‘‘(B) include all resources required for the
6
force generation, training, equipping, and
7
sustainment of robotic and autonomous systems
8
capabilities.
9
‘‘(j) REPORTING REQUIREMENT.—
10
‘‘(1) IN GENERAL.—If RASCOM is established
11
under subsection (a), the Secretary of Defense shall,
12
not later than 180 days after the date of the enact-
13
ment of the National Defense Authorization Act for
14
Fiscal Year 2027, and annually thereafter for the
15
following five fiscal years, submit to the congres-
16
sional defense committees a report on the implemen-
17
tation and status of RASCOM.
18
‘‘(2) ELEMENTS.—Each report required under
19
paragraph (1) shall include the following:
20
‘‘(A) A description of the establishment
21
and manning of RASCOM, each service compo-
22
nent command, and the subordinate unified
23
commands, including timelines for full oper-
24
ational capability.
25
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‘‘(B) An assessment of the status of dedi-
1
cated career paths, training pipelines, and force
2
generation activities across the armed forces.
3
‘‘(C) A summary of interoperability stand-
4
ards, tactics, techniques, and procedures devel-
5
oped, and joint exercises conducted.
6
‘‘(D) An evaluation of RASCOM’s per-
7
formance as the operational test and evaluation
8
functional
authority,
including
any
rec-
9
ommendations for adjustments to the exception
10
for major defense acquisition programs on the
11
oversight list of the Director of Operational
12
Test and Evaluation.
13
‘‘(E) A detailed accounting of resources al-
14
located through the major force program estab-
15
lished under subsection (i), including any chal-
16
lenges in execution or service equities.
17
‘‘(F) Any other matters the Secretary de-
18
termines appropriate, including recommenda-
19
tions for legislative changes to improve the ef-
20
fectiveness of RASCOM.
21
‘‘(k) ROBOTIC
AND AUTONOMOUS SYSTEMS DE-
22
FINED.—In this section, the term ‘robotic and autono-
23
mous systems’ includes unmanned aerial, maritime,
24
ground, and subsurface platforms, attritable systems,
25
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swarms, and associated artificial intelligence-enabled au-
1
tonomy and counter-unmanned systems capabilities.’’.
2
Subtitle C—Other Department of
3
Defense Organization and Man-
4
agement Matters
5
SEC. 921. ORGANIZATION OF RESPONSIBILITIES RELATING
6
TO UNMANNED SYSTEMS.
7
(a) DEPARTMENT OF THE NAVY REQUIREMENTS.—
8
(1) PLAN
FOR
CONSOLIDATION
OF
RESPON-
9
SIBILITIES.—Not later than 180 days after the date
10
of the enactment of this Act, the Secretary of the
11
Navy shall submit to the congressional defense com-
12
mittees a plan to consolidate the responsibilities for
13
generating, organizing, training, and equipping all
14
unmanned systems in the Department of the Navy
15
(other than Group 4 and Group 5 unmanned aerial
16
systems) under a single accountable official for inte-
17
grating Marine Corps stand-in forces and Navy
18
hedge forces with unmanned systems across all do-
19
mains.
20
(2) PLAN FOR REORGANIZATION OF OFFICE OF
21
CHIEF OF NAVAL OPERATIONS.—Not later than 180
22
days after the date of the enactment of this Act, the
23
Chief of Naval Operations shall submit to the con-
24
gressional defense committees a plan for the reorga-
25
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nization of the Office of the Chief of Naval Oper-
1
ations, including an assessment of the feasibility and
2
advisability of—
3
(A) disestablishing the Director for Inte-
4
grated Warfare (OPNAV N9I);
5
(B) the establishment of a dedicated re-
6
source sponsor for robotic autonomous systems
7
with full programming, budgeting, and acquisi-
8
tion oversight responsibilities for all unmanned
9
systems (excluding Group 4 and Group 5 un-
10
manned aerial systems); and
11
(C) alignment of programs and budget line
12
items between that Office and the portfolio ac-
13
quisition executives.
14
(b) DEPARTMENT OF THE AIR FORCE REQUIRE-
15
MENTS.—Not later than 180 days after the date of the
16
enactment of this Act, the Secretary of the Air Force shall
17
submit to the congressional defense committees a plan to
18
consolidate the responsibilities for generating, organizing,
19
training, and equipping Group 1 through Group 3 un-
20
manned aerial systems or runway-independent unmanned
21
systems associated with Mission Area 1 under a single ac-
22
countable official for unmanned systems requirements,
23
doctrine, and force generation.
24
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(c) JOINT WORKING GROUP WITHIN THE REQUIRE-
1
MENTS AND RESOURCING ALIGNMENT BOARD.—
2
(1) IN
GENERAL.—The Requirements and
3
Resourcing Alignment Board shall include a joint
4
working group on robotic autonomous systems.
5
(2) RESPONSIBILITIES.—The working group es-
6
tablished under paragraph (1) shall be responsible
7
for integrating investment strategies, identifying
8
cross-service efficiencies, and providing recommenda-
9
tions to the Board with respect to robotic autono-
10
mous systems priorities.
11
(3) REPORT REQUIRED.—Not later than 270
12
days after the date of the enactment of this Act, the
13
Board shall submit to the congressional defense
14
committees a report on the findings of the working
15
group established under paragraph (1).
16
(d) UNMANNED AERIAL SYSTEMS GROUPS DE-
17
FINED.—In this section, the terms ‘‘Group 1’’, ‘‘Group 2’’,
18
‘‘Group 3’’, ‘‘Group 4’’, and ‘‘Group 5’’, with respect to
19
unmanned aerial systems, have the meanings given those
20
terms in Joint Publication 3–30, entitled ‘‘Joint Air Oper-
21
ations’’ and dated July 25, 2019, or a successor publica-
22
tion.
23
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SEC. 922. COMPOSITION OF CROSS-FUNCTIONAL TEAM FOR
1
EMERGING THREAT RELATING TO ANOMA-
2
LOUS HEALTH INCIDENTS; REPORTS.
3
(a) TEAM COMPOSITION.—Subsection (c) of section
4
910 of the National Defense Authorization Act for Fiscal
5
Year 2022 (Public Law 117–81; 10 U.S.C. 111 note) is
6
amended—
7
(1) in the subsection heading, by inserting
8
‘‘AND COMPOSITION’’ after ‘‘LEADERSHIP’’;
9
(2) by striking ‘‘The Secretary’’ and inserting
10
the following:
11
‘‘(1) LEADERSHIP.—The Secretary’’; and
12
(3) by adding at the end the following new
13
paragraph:
14
‘‘(2) COMPOSITION.—At a minimum, the cross-
15
functional team shall be staffed by at least one full-
16
time employee designated by each of the following:
17
‘‘(A) The Under Secretary of Defense for
18
Policy.
19
‘‘(B) The Under Secretary of Defense for
20
Personnel and Readiness.
21
‘‘(C) The Under Secretary of Defense for
22
Intelligence and Security.
23
‘‘(D) The Under Secretary of Defense for
24
Research and Engineering.
25
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‘‘(E) The Director of the Defense Intel-
1
ligence Agency.
2
‘‘(F) The Director of the Defense Health
3
Agency.
4
‘‘(G) The Director of the National Security
5
Agency.’’.
6
(b) QUARTERLY REPORTS.—Subsection (e) of such
7
section is amended—
8
(1) in the subsection heading, by inserting
9
‘‘AND REPORTS’’ after ‘‘BRIEFINGS’’; and
10
(2) by striking paragraph (2) and inserting the
11
following new paragraph (2):
12
‘‘(2) QUARTERLY REPORTS.—Not later than 90
13
days after the date of the enactment of the National
14
Defense Authorization Act for Fiscal Year 2027,
15
and every 90 days thereafter until March 1, 2030,
16
the head of the cross-functional team shall submit to
17
the appropriate congressional committees a report
18
that includes the following:
19
‘‘(A) A description of any activities carried
20
out to fulfill the duties specified in subsection
21
(b) during the 90-day period preceding submis-
22
sion of the report.
23
‘‘(B) A description of any organizational
24
updates to the team, including the status of em-
25
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ployees assigned to the team under subsection
1
(c)(2).
2
‘‘(C) The number of anomalous health inci-
3
dents reported during the 90-day period pre-
4
ceding submission of the report, and the date
5
and location of each such incident.
6
‘‘(D) An assessment of the status of fund-
7
ing, by fiscal year, for research described in
8
subsection (b)(2) and a description of the topics
9
covered by such research.’’.
10
SEC. 923. COMPTROLLER GENERAL REVIEW OF ANOMA-
11
LOUS
HEALTH
INCIDENTS
CROSS-FUNC-
12
TIONAL TEAM.
13
(a) IN GENERAL.—The Comptroller General of the
14
United States shall conduct a review of the Anomalous
15
Health Incidents Cross-Functional Team of the Depart-
16
ment of Defense established under section 910 of the Na-
17
tional Defense Authorization Act for Fiscal Year 2022
18
(Public Law 117–81; 10 U.S.C. 111 note) (in this section
19
referred to as the ‘‘cross-functional team’’).
20
(b) ELEMENTS.—The review required by subsection
21
(a) shall include an assessment of, at a minimum, the fol-
22
lowing:
23
(1) The activities of the cross-functional team
24
conducted in fulfillment of each of the duties under
25
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section 910(b) of the National Defense Authoriza-
1
tion Act for Fiscal Year 2022 (Public Law 117–81;
2
10 U.S.C. 111 note), during the period beginning on
3
February 1, 2024, and ending on February 1, 2026.
4
(2) The composition and resourcing of the
5
cross-functional team during that period, including
6
increases or decreases in the number of assigned or
7
detailed personnel.
8
(3) Any findings by the cross-functional team
9
regarding the causes and sources of anomalous
10
health incidents, including identification of any indi-
11
viduals, entities, capabilities, or phenomena to which
12
such incidents may plausibly be attributed.
13
(4) The decision-making process and justifica-
14
tion for the transfer of the cross-functional team
15
from the Office of the Under Secretary of Defense
16
for Policy to the Office of the Under Secretary of
17
Defense for Research and Engineering.
18
(5) Support provided to the cross-functional
19
team by the Defense Intelligence Agency, the Na-
20
tional Security Agency, the National Ground Intel-
21
ligence Center, and other elements of the defense in-
22
telligence enterprise since the establishment of the
23
cross-functional team.
24
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(6) Recommendations for clarifying or strength-
1
ening the duties of the cross-functional team under
2
section 910(b) of the National Defense Authoriza-
3
tion Act for Fiscal Year 2022.
4
(7) Any other matters the Comptroller General
5
considers relevant.
6
(c) BRIEFING AND RESULTS.—The Comptroller Gen-
7
eral shall—
8
(1) not later than 180 days after the date of
9
the enactment of this Act, brief the congressional de-
10
fense committees, the Select Committee on Intel-
11
ligence of the Senate, and the Permanent Select
12
Committee on Intelligence of the House of Rep-
13
resentatives on the review conducted under sub-
14
section (a); and
15
(2) provide the final results of the review to
16
those committees in a format, and at a time, mutu-
17
ally agreed upon by those committees and the Comp-
18
troller General.
19
SEC. 924. ESTABLISHMENT OF CENTER FOR THE STUDY OF
20
THE NATIONAL GUARD.
21
Chapter 1 of title 32, United States Code, is amended
22
by adding at the end the following new section:
23
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‘‘§ 116. Center for the Study of the National Guard
1
‘‘(a) ESTABLISHMENT.—The Secretary of Defense, in
2
coordination with the Chief of the National Guard Bureau,
3
shall establish a center, to be known as the ‘Center for
4
the Study of the National Guard’ (in this section referred
5
to as the ‘Center’), at an appropriate academic institution
6
that—
7
‘‘(1) maintains an established relationship with
8
the National Guard Bureau;
9
‘‘(2) possesses a strong academic program in
10
military history; and
11
‘‘(3) is situated in proximity to a major installa-
12
tion of the National Guard.
13
‘‘(b) RESPONSIBILITIES.—The Center shall—
14
‘‘(1) serve as the principal repository for histor-
15
ical documents, oral histories, and other records re-
16
lated to the National Guard;
17
‘‘(2) conduct research, analysis, and educational
18
programs related to the history, evolution, and oper-
19
ational contributions of the National Guard;
20
‘‘(3) facilitate outreach efforts to increase pub-
21
lic awareness of the role of the National Guard in
22
national defense and domestic response operations;
23
and
24
‘‘(4) support the Department of Defense in
25
shaping policy decisions and strategic planning re-
26
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lated to operations of the National Guard carried
1
out under this title.
2
‘‘(c) COLLABORATION AND SUPPORT.—The Chief of
3
the National Guard Bureau may—
4
‘‘(1) collaborate with the Center in the collec-
5
tion, preservation, and dissemination of information
6
about the history of the National Guard;
7
‘‘(2) provide historical documents, records, and
8
resources to support the research and archival ef-
9
forts of the Center; and
10
‘‘(3) facilitate joint initiatives between the Na-
11
tional Guard Bureau and the Center to enhance his-
12
torical preservation, education, and public aware-
13
ness.
14
‘‘(d) PUBLIC-PRIVATE
PARTNERSHIP.—The Sec-
15
retary of Defense shall seek to establish and maintain the
16
Center as a public-private partnership to minimize costs
17
to the Federal Government.’’.
18
SEC. 925. CIVIL-MILITARY COORDINATION CENTER.
19
(a) AUTHORIZATION.—The Secretary of Defense may
20
maintain and continue to operate, until December 31,
21
2027, the Civil-Military Coordination Center established
22
by the Secretary before the date of the enactment of this
23
Act (in this section referred to as the ‘‘Center’’), as—
24
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(1) an implementation body for the Board of
1
Peace that oversees the implementation of the Com-
2
prehensive Plan to End the Gaza Conflict, dated
3
September 29, 2025; and
4
(2) a joint civil-military coordination body with-
5
in the Department of Defense.
6
(b) PLAN FOR CONTINUING OPERATIONS.—
7
(1) IN
GENERAL.—Not later than March 1,
8
2027, the Secretary shall submit to the Committees
9
on Armed Services of the Senate and the House of
10
Representatives a plan detailing the requirements
11
for the Center to serve as a joint civil-military co-
12
ordination body within the Department of Defense
13
for activities related to Israel and the territory of
14
the Gaza Strip in order to support the planning and
15
coordination of civil-military activities relating to se-
16
curity, stabilization, and reconstruction efforts in
17
Gaza.
18
(2) GOALS.—The plan required by paragraph
19
(1) shall have the goals of ensuring—
20
(A) the complete and permanent disar-
21
mament of Hamas;
22
(B) the permanent exclusion of leaders and
23
members of Hamas from governance at every
24
administrative level;
25
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(C) the elimination of access by Hamas to
1
financial and material resources, including by
2
preventing Hamas and its affiliates from divert-
3
ing or exploiting humanitarian aid; and
4
(D) training an international stabilization
5
force.
6
(3) ELEMENTS.—The plan required by para-
7
graph (1) shall address the following with respect to
8
the Center:
9
(A) The mission structure and organiza-
10
tion of the Center.
11
(B) The number and rank of United
12
States personnel required to operate the Center.
13
(C) The responsibilities of the director of
14
the Center.
15
(D) The relationship of the Center to the
16
Board of Peace and relevant allies and partners
17
of the United States.
18
(E) The funding that would be required
19
from the United States to operate the Center
20
and implement the goals described in paragraph
21
(2).
22
(F) The number of personnel operating out
23
of the Center as of the date of the enactment
24
of this Act.
25
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(G) The roles and responsibilities of the
1
Center as of such date of enactment with re-
2
spect to—
3
(i) enforcing the ceasefire in Gaza;
4
(ii) coordinating the delivery of hu-
5
manitarian assistance to the people of
6
Gaza; and
7
(iii) coordination with the Government
8
of Israel and any Palestinian entities.
9
(H) The goals of the coordination de-
10
scribed in subparagraph (G)(iii).
11
(I) The level of support provided, as of the
12
date of the enactment of this Act, to the Inter-
13
national Stabilization Force, including activi-
14
ties, mission objectives, and United States per-
15
sonnel involved.
16
(J) The level of support provided, as of
17
such date of enactment, for the generation of
18
Palestinian security forces, including activities,
19
mission objectives, and United States personnel
20
involved.
21
(K) The feasibility of permanently author-
22
izing the Center.
23
(c) REPORT REQUIRED.—
24
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(1) IN
GENERAL.—Not later than 180 days
1
after the date of the enactment of this Act, and
2
every 180 days thereafter, the Secretary, in coordi-
3
nation with the Commander of the United States
4
Central Command, shall submit to the Committees
5
on Armed Services Committees of the Senate and
6
the House of Representatives a report on the Center
7
that includes the following:
8
(A) The number of members of the Armed
9
Forces assigned to the Center.
10
(B) The number of members of the Armed
11
Forces assigned to the International Stabiliza-
12
tion Force mission.
13
(C) A statement of any casualties among
14
employees or contractors of the United States
15
Government assigned to the Center during the
16
year preceding submission of the report.
17
(D) A list of all the governmental, non-
18
governmental, and private sector stakeholder
19
partners of the Center.
20
(E) The number of humanitarian aid
21
trucks and cumulative metric tons of supplies
22
that have entered Gaza from entry points origi-
23
nating in Egypt and Israel, respectively, includ-
24
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ing, to the extent feasible, the following infor-
1
mation:
2
(i) The weight or volume of cooking
3
gas or oil, engine oil, shelter materials, and
4
materials that support the production or
5
distribution of fresh water that have en-
6
tered Gaza, disaggregated by category and
7
operator.
8
(ii) The weight or volume of medical
9
supplies by type, including medications,
10
vaccines, and equipment that have entered
11
Gaza, disaggregated by category and oper-
12
ator.
13
(iii) The weight or volume of food
14
stuffs by type, including fresh produce,
15
meat, and dry staple goods that have en-
16
tered Gaza, disaggregated by category and
17
operator.
18
(iv) An accounting by weight or vol-
19
ume and type of humanitarian assistance
20
goods and supplies that have not been per-
21
mitted into Gaza and the rationale for not
22
permitting such goods and supplies into
23
Gaza.
24
(v) An assessment of—
25
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(I) whether Hamas has in any
1
way interfered with the distribution of
2
the items described in any of clauses
3
(i) through (iv); and
4
(II) an assessment of the extent
5
to which Hamas has profited, or at-
6
tempted to profit, from the distribu-
7
tion, or planned distribution, of those
8
items.
9
(F) An identification of the general officer
10
who is in operational command of International
11
Stabilization Force and the country of which
12
that officer is a citizen.
13
(G) An assessment of whether the Inter-
14
national Stabilization Force operates under a
15
multinational, coalition, or other framework.
16
(H) A description of the primary objectives
17
and mission sets of the International Stabiliza-
18
tion Force.
19
(I) An assessment of the extent to which
20
the International Stabilization Force is partici-
21
pating in the disarmament of Hamas.
22
(J) A map showing the deployment of the
23
International Stabilization Force within Gaza
24
and the areas it controls.
25
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(K) An explanation of the rules of engage-
1
ment of the International Stabilization Force.
2
(L) A description of the nature of the rela-
3
tionship of the International Stabilization Force
4
with the Palestinian police force or forces.
5
(2) FORM.—Each report required by paragraph
6
(1) shall be submitted in unclassified form, but may
7
include a classified annex.
8
SEC. 926. MODIFICATIONS TO UNMANNED AIRCRAFT SYS-
9
TEM DEFINITIONS FOR JOINT INTERAGENCY
10
TASK FORCE 401.
11
Section 199(h) of title 10, United States Code, is
12
amended—
13
(1) in paragraph (1), by inserting ‘‘detecting,
14
identifying, monitoring, tracking,’’ after ‘‘safely’’;
15
and
16
(2) in paragraph (3)—
17
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
18
(B) by adding at the end the following new
19
subparagraph:
20
‘‘(B) The term ‘unmanned aircraft system’ in-
21
cludes a control station that enables control of an
22
unmanned aircraft.’’.
23
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SEC. 927. MAXIMIZING FUNDING EFFICIENCY FOR HOME-
1
LAND DEFENSE.
2
Section 199 of title 10, United States Code, is
3
amended—
4
(1) in subsection (d)—
5
(A) by redesignating paragraph (7) as
6
paragraph (8); and
7
(B) by inserting after paragraph (6) the
8
following new paragraph (7):
9
‘‘(7) Identify interagency initiatives and avail-
10
able funding that are aligned with all applicable re-
11
sponsibilities of the Task Force for low-altitude air-
12
space security aligned with covered facilities or as-
13
sets (as defined in section 130i of this title) and any
14
other initiatives the Director considers appro-
15
priate.’’; and
16
(2) in subsection (f)(2)—
17
(A) in subparagraph (A), by striking ‘‘;
18
and’’ and inserting a semicolon; and
19
(B) by adding at the end the following new
20
subparagraph:
21
‘‘(C) to appropriately coordinate the fund-
22
ing and integration priorities of the Task Force
23
with the architecture development, capability re-
24
quirements, and implementation of Golden
25
Dome for America to enhance alignment on the
26
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defense of the United States against next-gen-
1
eration aerial attacks, including by small un-
2
manned aircraft from peer, near-peer, and
3
rogue adversaries; and’’.
4
SEC. 928. PROHIBITION ON THE REDUCTION OF FUNDING
5
FOR FOREIGN LANGUAGE TRAINING FOR
6
MEMBERS OF THE ARMED FORCES.
7
None of the funds authorized to be appropriated by
8
this Act or otherwise made available for fiscal year 2027
9
may be obligated or expended by the Department of De-
10
fense to terminate, replace, reduce, or prepare to termi-
11
nate, replace, or reduce a program of foreign language,
12
regional expertise, and cultural capability training or in-
13
struction until 90 days after the Secretary of Defense sub-
14
mits to the congressional defense committees a certifi-
15
cation that the Department of Defense has attained a high
16
rate of readiness, as tracked in the DoD Language Readi-
17
ness Index, for any foreign languages and related com-
18
petencies identified on DOD Strategic Language Lists.
19
SEC. 929. RECORDS RETENTION REQUIREMENT.
20
(a) IN GENERAL.—The Secretary of Defense shall
21
ensure that all records related to United States maritime
22
strikes in the Caribbean and the Eastern Pacific are re-
23
tained by the Department of Defense, including the fol-
24
lowing records:
25
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(1) Strike videos.
1
(2) Investigative documents.
2
(3) After action reports.
3
(4) Aircrew debriefing reports.
4
(5) Chat log communications immediately pre-
5
ceding, during, or immediately after strikes.
6
(6) Written concepts of operation.
7
(7) Execute orders.
8
(8) Legal opinions.
9
(b) RETENTION
AND
TRANSFER
TO
NARA.—
10
Records retained under subsection (a)—
11
(1) shall be retained in accordance with all oth-
12
erwise applicable provisions of law relating to reten-
13
tion and archiving of records, including chapters 29,
14
31, 33, and 35 of title 44, United States Code, and
15
subchapter B of chapter XII of title 36, Code of
16
Federal Regulations, or successor regulations; and
17
(2) may be transferred to the National Archives
18
and Records Administration in accordance with such
19
provisions of law.
20
TITLE X—GENERAL PROVISIONS
21
Subtitle A—Financial Matters
22
SEC. 1001. GENERAL TRANSFER AUTHORITY.
23
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
24
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(1) AUTHORITY.—Upon determination by the
1
Secretary of Defense that such action is necessary in
2
the national interest, the Secretary may transfer
3
amounts of authorizations made available to the De-
4
partment of Defense in this division for fiscal year
5
2027 between any such authorizations for that fiscal
6
year (or any subdivisions thereof). Amounts of au-
7
thorizations so transferred shall be merged with and
8
be available for the same purposes as the authoriza-
9
tion to which transferred.
10
(2) LIMITATION.—Except as provided in para-
11
graph (3), the total amount of authorizations that
12
the Secretary may transfer under the authority of
13
this section may not exceed $6,000,000,000.
14
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
15
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
16
fer of funds between military personnel authoriza-
17
tions under title IV shall not be counted toward the
18
dollar limitation in paragraph (2).
19
(b) LIMITATIONS.—The authority provided by sub-
20
section (a) to transfer authorizations—
21
(1) may only be used to provide authority for
22
items that have a higher priority than the items
23
from which authority is transferred; and
24
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(2) may not be used to provide authority for an
1
item that has been denied authorization by Con-
2
gress.
3
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A
4
transfer made from one account to another under the au-
5
thority of this section shall be deemed to increase the
6
amount authorized for the account to which the amount
7
is transferred by an amount equal to the amount trans-
8
ferred.
9
(d) NOTICE
TO CONGRESS.—The Secretary shall
10
promptly notify Congress of each transfer made under
11
subsection (a).
12
SEC. 1002. DEPARTMENT OF DEFENSE FINANCIAL STATE-
13
MENT AUDIT READINESS, REPORTING RE-
14
LIEF, AND RELATED REFORMS.
15
(a) CESSATION AND REINSTATEMENT OF CERTAIN
16
REPORTING REQUIREMENTS.—
17
(1) CESSATION.—The reporting requirements
18
specified in paragraph (2) shall not apply upon the
19
issuance of an unmodified audit opinion on the con-
20
solidated financial statements of the Department of
21
Defense, including the military departments and
22
other reporting entities defined by the Office of
23
Management and Budget.
24
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(2) COVERED
REPORTING
REQUIREMENTS.—
1
The reporting requirements referred to in paragraph
2
(1) are the following:
3
(A) The requirement to submit a report
4
and provide briefings under section 240b of title
5
10, United States Code, except that all other
6
requirements of such section shall continue to
7
apply.
8
(B) The requirement to submit annual re-
9
ports under section 817(d) of the Bob Stump
10
National Defense Authorization Act for Fiscal
11
Year 2003 (Public Law 107–314; 116 Stat.
12
2610).
13
(3) REINSTATEMENT.—If, after the cessation of
14
applicability under paragraph (1), the Department
15
of Defense receives an adverse opinion or disclaimer
16
of opinion on its consolidated financial statements in
17
a subsequent fiscal year, the reporting requirements
18
specified in paragraph (2)(A) shall again apply until
19
the Department receives an unmodified audit opin-
20
ion in a subsequent fiscal year.
21
(b) ADDITIONAL REQUIREMENTS IF AN UNMODIFIED
22
AUDIT OPINION IS NOT ACHIEVED BY DECEMBER 31,
23
2028.—
24
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(1) IN GENERAL.—If the Department of De-
1
fense does not obtain an unmodified audit opinion
2
on its consolidated financial statements for fiscal
3
year 2028 by December 31, 2028, the requirements
4
of this subsection shall take effect on January 1,
5
2029.
6
(2) UNDER
SECRETARY
OF
DEFENSE
(COMP-
7
TROLLER).—
8
(A) QUALIFICATIONS.—An individual nom-
9
inated for appointment as Under Secretary of
10
Defense (Comptroller) under section 135 of title
11
10, United States Code shall—
12
(i) be a certified public accountant; or
13
(ii) have served as a chief financial of-
14
ficer, or in an equivalent position at—
15
(I) a Federal or State agency
16
that received an unmodified audit
17
opinion during such service; or
18
(II) a public company that re-
19
ceived an unmodified audit opinion
20
during such service.
21
(B) DUTIES.—In addition to the duties
22
specified in section 135(c) of title 10, United
23
States Code, the Under Secretary shall perform
24
such additional duties relating to the financial
25
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management of the Department of Defense as
1
the Deputy Secretary of Defense, acting in the
2
capacity of Chief Management Officer, may pre-
3
scribe.
4
(C) EXCEPTION.—Subparagraph (A) shall
5
not apply if the Deputy Under Secretary of De-
6
fense (Comptroller) meets the requirements of
7
clause (i) or clause (ii) of such subparagraph.
8
(3) ASSISTANT
SECRETARIES
FOR
FINANCIAL
9
MANAGEMENT.—
10
(A) ARMY.—
11
(i) QUALIFICATIONS.—An individual
12
nominated for appointment as Assistant
13
Secretary of the Army for Financial Man-
14
agement and Comptroller under section
15
7016 of title 10, United States Code, shall
16
meet the requirements described in para-
17
graph (2)(A)(i).
18
(ii) RESPONSIBILITIES.—In addition
19
to the responsibilities specified in section
20
7016(b)(4) of title 10, United States Code,
21
the individual described in clause (i) shall
22
perform such additional responsibilities as
23
the Deputy Secretary of Defense, acting in
24
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the capacity of Chief Management Officer,
1
may prescribe.
2
(iii) EXCEPTION.—Clause (i) shall not
3
apply if the Principal Deputy Assistant
4
Secretary of the Army for Financial Man-
5
agement and Comptroller meets the re-
6
quirements
described
in
paragraph
7
(2)(A)(i).
8
(B) NAVY.—
9
(i) QUALIFICATIONS.—An individual
10
nominated for appointment as Assistant
11
Secretary of the Navy for Financial Man-
12
agement and Comptroller under section
13
8016 of title 10, United States Code, shall
14
meet the requirements described in para-
15
graph (2)(A)(i).
16
(ii) RESPONSIBILITIES.—In addition
17
to the responsibilities specified in section
18
8016(b)(4) of title 10, United States Code,
19
the individual described in clause (i) shall
20
perform such additional responsibilities as
21
the Deputy Secretary of Defense, acting in
22
the capacity of Chief Management Officer,
23
may prescribe.
24
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(iii) EXCEPTION.—Clause (i) shall not
1
apply if the Principal Deputy Assistant
2
Secretary of the Navy for Financial Man-
3
agement and Comptroller meets the re-
4
quirements
described
in
paragraph
5
(2)(A)(i).
6
(C) AIR FORCE.—
7
(i) QUALIFICATIONS.—An individual
8
nominated for appointment as Assistant
9
Secretary of the Air Force for Financial
10
Management and Comptroller under sec-
11
tion 9016 of title 10, United States Code,
12
shall meet the requirements described in
13
paragraph (2)(A)(i).
14
(ii) RESPONSIBILITIES.—In addition
15
to the responsibilities specified in section
16
9016(b)(4) of title 10, United States Code,
17
the individual described in clause (i) shall
18
perform such additional responsibilities as
19
the Deputy Secretary of Defense, acting in
20
the capacity of Chief Management Officer,
21
may prescribe.
22
(iii) EXCEPTION.—Clause (i) shall not
23
apply if the Principal Deputy Assistant
24
Secretary of the Air Force for Financial
25
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Management and Comptroller meets the
1
requirements
described
in
paragraph
2
(2)(A)(i).
3
(4) DEFINITIONS.—In this subsection, the term
4
‘‘public company’’ has the meaning given the term
5
‘‘issuer’’ in section 2(a)(7) of the Sarbanes-Oxley
6
Act of 2002 (15 U.S.C. 7201(7)).
7
(c) AUTHORIZATION OF APPROPRIATIONS FOR AUDIT
8
ACCELERATION.—Of the amounts authorized to be appro-
9
priated to the Department of Defense for fiscal year 2027
10
for automation and artificial intelligence to accelerate re-
11
mediation and systems modernization for the audit of De-
12
partment of Defense financial statements—
13
(1) $250,000,000 may be made available from
14
Operation and Maintenance, Defense-Wide; and
15
(2) $250,000,000 may be made available from
16
Research, Development, Test, and Evaluation, De-
17
fense-Wide.
18
(d) DEPUTY INSPECTOR GENERAL FOR FINANCIAL
19
STATEMENT AUDITS.—
20
(1) ESTABLISHMENT.—The Secretary of De-
21
fense shall establish within the Office of the Inspec-
22
tor General of the Department of Defense a position
23
of Deputy Inspector General for Financial State-
24
ment Audits.
25
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(2) DUTIES.—The Deputy Inspector General
1
shall oversee the selection and performance of inde-
2
pendent external auditors conducting audits of the
3
Department’s consolidated financial statements.
4
(3) QUALIFICATIONS.—An individual serving in
5
the position shall be a certified public accountant.
6
SEC. 1003. EXPANSION OF REQUIREMENTS FOR SUBMITTAL
7
TO CONGRESS OF REPORTS AND JUSTIFICA-
8
TION BOOKS.
9
(a) REPORTING ON UNFUNDED PRIORITIES OF THE
10
ARMED FORCES AND COMBATANT COMMANDS.—Section
11
222a of title 10, United States Code, is amended—
12
(1) in subsection (a), by inserting before ‘‘each
13
officer’’ the following: ‘‘and not later than seven
14
days after the date on which any covered document
15
is delivered to any of the congressional defense com-
16
mittees,’’; and
17
(2) in subsection (e), by adding at the end the
18
following:
19
‘‘(3) The term ‘covered document’ means a doc-
20
ument referred to as a ‘dash one’, including the fol-
21
lowing:
22
‘‘(A) Military Personnel Programs (M–1).
23
‘‘(B) Operation and Maintenance Pro-
24
grams (O–1).
25
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‘‘(C) Revolving and Management Fund
1
(RF–1).
2
‘‘(D) Procurement Programs (P–1).
3
‘‘(E) Procurement Programs Reserve Com-
4
ponents (P–1R).
5
‘‘(F) Research Development, Test & Eval-
6
uation Programs (R–1).
7
‘‘(G) Military Construction, Family Hous-
8
ing, and Base Realignment and Closure Pro-
9
gram (C–1).
10
‘‘(H) Any subsequent or successor docu-
11
ment.’’.
12
(b) REPORTING ON JUSTIFICATION BOOKS.—
13
(1) IN GENERAL.—Not later than seven days
14
after the date on which a covered document is deliv-
15
ered to Congress in support of the budget of the
16
President submitted under section 1105 of title 31,
17
United States Code, for a fiscal year, the Secretary
18
of Defense shall transmit to Congress the Justifica-
19
tion Books for such covered document, as detailed in
20
the Department of Defense Financial Management
21
Regulation (DoD 7000.14–R).
22
(2) COVERED
DOCUMENT
DEFINED.—In this
23
subsection, the term ‘‘covered document’’ has the
24
meaning given that term in section 222a(e) of title
25
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10, United States Code, as amended by subsection
1
(a).
2
SEC. 1004. FINANCIAL STATEMENTS: OPENING BALANCES
3
FOR AUDIT PURPOSES.
4
Chapter 9A of title 10, United States Code, is amend-
5
ed by inserting after section 240i the following new sec-
6
tion:
7
‘‘§ 240j. Financial statements: opening balances for
8
audit purposes
9
‘‘(a) USSGL ACCOUNT DEFINED.—In this section,
10
the term ‘USSGL Account’ means United States Stand-
11
ard General Ledger Account.
12
‘‘(b) DEPARTMENT OF THE ARMY.—For purposes of
13
an audit conducted under this chapter on the financial
14
statements of the Department of the Army, the opening
15
balances as of October 1, 2025, for the Department of
16
the Army Working Capital Fund shall be as follows:
17
‘‘(1) For USSGL Account 101000, titled ‘Fund
18
Balance with Treasury’, $2,010,085,640.47.
19
‘‘(2) For USSGL Account 310000, titled ‘Un-
20
expended
Appropriations—Cumulative’,
21
$104,620,026.51.
22
‘‘(3) For USSGL Account 413900, titled ‘Con-
23
tract
Authority
Carried
Forward’,
24
$4,448,474,255.57.
25
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‘‘(4) For USSGL Account 420100, titled ‘Total
1
Actual Resources—Collected’, $1,836,976,540.16.
2
‘‘(5) For USSGL Account 445000, titled
3
‘Unapportioned—Unexpired
Authority’,
4
$3,668,585,253.03.
5
‘‘(c) DEPARTMENT OF THE AIR FORCE.—For pur-
6
poses of an audit conducted under this chapter on the fi-
7
nancial statements of the Department of the Air Force,
8
the opening balances as of October 1, 2025, for the De-
9
partment of the Air Force Working Capital Fund shall
10
be as follows:
11
‘‘(1) For USSGL Account 310000, titled ‘Un-
12
expended
Appropriations—Cumulative’,
13
$74,131,256.71.
14
‘‘(2) For USSGL Account 413900, titled ‘Con-
15
tract
Authority
Carried
Forward’,
16
$6,333,279,921.52.
17
‘‘(3) For USSGL Account 420100, titled ‘Total
18
Actual Resources—Collected’, $2,988,803,908.21.
19
‘‘(4) For USSGL Account 445000, titled
20
‘Unapportioned—Unexpired
Authority’,
21
$1,930,040,147.04.
22
‘‘(d) DEFENSE LOGISTICS AGENCY.—For purposes
23
of an audit conducted under this chapter on the financial
24
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statements of the Defense Logistics Agency, opening and
1
ending balances shall be used as follows:
2
‘‘(1) DEFENSE
LOGISTICS
AGENCY
WORKING
3
CAPITAL FUND.—For the Defense Logistics Agency
4
Working Capital Fund, opening balances as of Octo-
5
ber 1, 2024, are as follows:
6
‘‘(A) For USSGL Account 101000, titled
7
‘Fund
Balance
with
Treasury’,
8
$3,483,483,641.67.
9
‘‘(B) For USSGL Account 310000, titled
10
‘Unexpended
Appropriations—Cumulative’,
11
$883,887,145.71.
12
‘‘(C) For USSGL Account 331000, titled
13
‘Cumulative
Results
of
Operations’,
14
$27,271,547,121.85.
15
‘‘(D) For USSGL Account 413900, titled
16
‘Contract
Authority
Carried
Forward’,
17
$13,130,151,985.39.
18
‘‘(E) For USSGL Account 420100, titled
19
‘Total
Actual
Resources—Collected’,
20
$3,578,944,883.86.
21
‘‘(F) For USSGL Account 445000, titled
22
‘Unapportioned—Unexpired
Authority’,
23
$507,354,134.72.
24
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‘‘(2) NATIONAL
DEFENSE
STOCKPILE
TRANS-
1
ACTION FUND.—For the National Defense Stockpile
2
Transaction Fund established by section 9 of the
3
Strategic and Critical Materials Stock Piling Act (50
4
U.S.C. 98h), opening and ending balances are as fol-
5
lows:
6
‘‘(A)
The
ending
balance
of
7
$313,633,491.15 reported in the Central Ac-
8
counting Reporting System of the Department
9
of the Treasury for September 30, 2021, is the
10
Fund Balance with Treasury ending balance on
11
that date.
12
‘‘(B) For USSGL Account 420100, titled
13
‘Total Actual Resources—Collected’, the open-
14
ing balance as of October 1, 2021 is
15
$314,548,154.42.
16
‘‘(C) For USSGL Account 445000, titled
17
‘Unapportioned—Unexpired
Authority’,
the
18
ending balance as of September 30, 2021 is
19
$216,976,300.69.
20
‘‘(e) UNITED STATES TRANSPORTATION COMMAND
21
WORKING CAPITAL FUND.—For purposes of an audit con-
22
ducted under this chapter on the financial statements of
23
the United States Transportation Command Working
24
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Capital Fund, opening balances as of October 1, 2025,
1
shall be used as follows:
2
‘‘(1) For USSGL Account 101000, titled ‘Fund
3
Balance with Treasury’, $1,703,953,150.05.
4
‘‘(2) For USSGL Account 310000, titled ‘Un-
5
expended
Appropriations—Cumulative’,
6
$9,279,074.12.
7
‘‘(3) For USSGL Account 413900, titled ‘Con-
8
tract Authority Carried Forward’, $7,579,101.52.
9
‘‘(4) For USSGL Account 420100, titled ‘Total
10
Actual Resources—Collected’, $1,705,320,750.62.
11
‘‘(5) For USSGL Account 445000, titled
12
‘Unapportioned—Unexpired
Authority’,
13
$453,684,782.00.
14
‘‘(6) For USSGL Account 465000, titled ‘Allot-
15
ments—Expired Authority’, $2,135,263.61.’’.
16
(b) CONFORMING REPEALS OF STATUTES CODIFIED
17
IN NEW SECTION 240j.—
18
(1) DEFENSE
LOGISTICS
AGENCY
WORKING
19
CAPITAL FUND.—Section 1422 of the National De-
20
fense Authorization Act for Fiscal Year 2026 (Pub-
21
lic Law 119–60; 139 Stat. 1137) is repealed.
22
(2) NATIONAL
DEFENSE
STOCKPILE
TRANS-
23
ACTION FUND.—Section 1413 of the National De-
24
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fense Authorization Act for Fiscal Year 2024 (Pub-
1
lic Law 118–31; 137 Stat. 528) is repealed.
2
SEC. 1005. PROHIBITION ON PROVISION OF SUPPORT TO
3
DEPARTMENT OF HOMELAND SECURITY.
4
None of the funds authorized to be appropriated by
5
this Act or otherwise made available for fiscal year 2027
6
may be obligated or expended for Department of Defense
7
support to the Department of Homeland Security until the
8
Secretary of Defense certifies to the congressional defense
9
committees that the Department of Defense has received
10
reimbursements from the Department of Homeland Secu-
11
rity for reimbursable support provided by the Department
12
of Defense to the Department of Homeland Security since
13
October 1, 2025.
14
Subtitle B—Naval Vessels
15
SEC. 1011. DESIGN AND CONSTRUCTION OF NEW GLOBAL-
16
CLASS
AUXILIARY
GENERAL
OCEANO-
17
GRAPHIC RESEARCH SHIPS.
18
(a) STRATEGY.—Not later than 90 days after the
19
date of the enactment of this Act, the Secretary of the
20
Navy shall submit to the Committee on Armed Services
21
of the Senate and the Committee on Armed Services of
22
the House of Representatives a strategy detailing how the
23
Department of the Navy will complete expedited design
24
and construction of new Global-class auxiliary general
25
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oceanographic research (AGOR) ships to replace Global-
1
class AGOR 23–25 ships after funding is provided for
2
such new ships, including a cost estimate and an estimated
3
delivery timeline.
4
(b) REPORT.—Not later than 180 days after the date
5
of the enactment of this Act, the Secretary of the Navy
6
shall submit to the Committee on Armed Services of the
7
Senate and the Committee on Armed Services of the
8
House of Representatives a report that includes the fol-
9
lowing:
10
(1) The strategy of the Department of the Navy
11
with respect to the replacement of Global-class
12
AGOR 23–25 ships.
13
(2) If the strategy described in paragraph (1)
14
provides for the replacement of the last of the Glob-
15
al-class AGOR 23–25 ships on a date that is more
16
than five years after the date of the enactment of
17
this Act, a plan to maintain the operational capabili-
18
ties of the fleet of such ships until the date on which
19
such fleet is projected to be replaced.
20
(3) An explanation of how the plan described in
21
paragraph (2) specifically implements the goals of
22
Executive Order 14269 (relating to restoring Amer-
23
ica’s maritime dominance).
24
(4) An explanation of—
25
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(A) the limitations of Global-class AGOR
1
23–25 ships for operating in the Arctic region;
2
and
3
(B) how a new Global-class oceanographic
4
research ship design would improve the Navy’s
5
overall operational and warfighting capability in
6
the Arctic region.
7
(5) An assessment of the feasibility of con-
8
verting current civilian or military operational ship
9
designs to meet the Global-class oceanographic re-
10
search vessel mission, including the feasibility of
11
adapting the Pathfinder oceanographic ship design
12
or converting retired or obsolete littoral combat
13
ships for that purpose.
14
(6) An identification of funding in the future-
15
years defense program by appropriation and fiscal
16
year for the annual operation and recapitalization of
17
the Navy’s oceanographic research fleet.
18
(7) An assessment of the feasibility of transfer-
19
ring a retired littoral combat ship to the National
20
Science Foundation to begin to address the Founda-
21
tion’s ocean floor drilling platform requirement to
22
replace the JOIDES Resolution, including an esti-
23
mate of the costs necessary to make such a retired
24
ship seaworthy again.
25
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SEC. 1012. LIMITATION ON USE OF FUNDS IN THE NA-
1
TIONAL DEFENSE SEALIFT FUND TO PUR-
2
CHASE
CERTAIN
USED
FOREIGN
CON-
3
STRUCTED VESSELS.
4
(a) IN GENERAL.—Section 2218 of title 10, United
5
States Code, is amended—
6
(1) in subsection (f)—
7
(A) in paragraph (3)—
8
(i) in subparagraph (A), by inserting
9
‘‘(other than an excluded vessel)’’ after
10
‘‘any used vessel’’;
11
(ii) in subparagraph (B), by inserting
12
‘‘(other than an excluded vessel)’’ after ‘‘a
13
used vessel’’;
14
(iii) by striking subparagraph (C) and
15
inserting the following new subparagraph
16
(C):
17
‘‘(C) The Secretary may only use the authority under
18
this paragraph to purchase more than 12 foreign-con-
19
structed vessels if, for each such vessel so purchased after
20
the twelfth vessel, the Secretary purchases one vessel
21
under paragraph (4).’’;
22
(iv) in subparagraph (D), by striking
23
‘‘subparagraph (A)’’ and inserting ‘‘this
24
paragraph’’; and
25
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(v) by striking subparagraph (E) and
1
redesignating subparagraphs (F) and (G)
2
as subparagraphs (E) and (F), respec-
3
tively; and
4
(B) by adding at the end the following new
5
paragraph:
6
‘‘(4) A vessel purchased under this paragraph is a
7
vessel—
8
‘‘(A) purchased using funds in the National De-
9
fense Sealift Fund;
10
‘‘(B) constructed in a ship yard located in the
11
United States; and
12
‘‘(C) the construction of which is managed by
13
a commercial vessel construction manager.’’; and
14
(2) in subsection (k), by adding at the end the
15
following new paragraph:
16
‘‘(6) The term ‘excluded vessel’ means a vessel
17
that was—
18
‘‘(A) constructed or substantially modified
19
by an entity located in the People’s Republic of
20
China; or
21
‘‘(B) constructed by a Chinese military
22
company, as such term is defined in section
23
1260H(g) of the William M. (Mac) Thornberry
24
National Defense Authorization Act for Fiscal
25
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Year 2021 (Public Law 116–283; 10 U.S.C.
1
113 note).’’.
2
(b) TECHNICAL CORRECTIONS.—Section 2218 of title
3
10, United States Code, as amended by subsection (a),
4
is further amended—
5
(1) in subsection (f)(2), by striking ‘‘section
6
1424(b) of Public Law 101–510 (104 Stat. 1683)’’
7
and inserting ‘‘section 1424(b) of the National De-
8
fense Authorization Act for Fiscal Year 1991 (Pub-
9
lic Law 101–510; 10 U.S.C. 8661 note)’’; and
10
(2) in subsection (k)(2)(A), by striking ‘‘section
11
1424 of Public Law 101–510 (104 Stat. 1683)’’ and
12
inserting ‘‘section 1424 of the National Defense Au-
13
thorization Act for Fiscal Year 1991 (Public Law
14
101–510; 10 U.S.C. 8661 note)’’.
15
SEC. 1013. MODIFICATIONS TO VESSEL CONSTRUCTION
16
MANAGERS FOR THE CONSTRUCTION OF
17
CERTAIN NAVY VESSELS.
18
Section 129 of the National Defense Authorization
19
Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
20
757) is amended—
21
(1) in subsection (a)(1), by striking ‘‘not more
22
than’’ and inserting ‘‘not fewer than’’;
23
(2) in subsection (b), by striking ‘‘The Sec-
24
retary of the Navy’’ and inserting ‘‘If the Secretary
25
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of the Navy seeks the construction of light replenish-
1
ment oilers (TAO–L), the Secretary’’; and
2
(3) in subsection (c)—
3
(A) in the subsection heading, by striking
4
‘‘AUXILIARY AND SUPPORT VESSELS’’ and in-
5
serting ‘‘OTHER VESSELS’’; and
6
(B) by striking ‘‘or support vessel’’ and in-
7
serting ‘‘, support vessel, unmanned vessel, or
8
vessel that is not included in the battle force’’.
9
SEC. 1014. DEVELOPMENT OF INDUSTRIAL BASE FOR DIS-
10
TRIBUTED SUBMARINE AND SURFACE VES-
11
SEL SHIPBUILDING.
12
(a) MARITIME INDUSTRIAL BASE WORKFORCE DE-
13
VELOPMENT.—
14
(1) IN GENERAL.—The Secretary of the Navy,
15
in coordination with the heads of relevant organiza-
16
tions of the Department of Defense and other de-
17
partments and agencies of the Federal Government,
18
shall develop a plan to expand cooperation and infor-
19
mation sharing with State university systems, com-
20
munity college systems, technical college systems,
21
and State educational agencies in order to scale
22
workforce development efforts to support distributed
23
submarine and surface vessel shipbuilding.
24
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(2) PLAN ELEMENTS.—The plan required by
1
paragraph (1) shall include the following:
2
(A) A summary of current and projected
3
critical trade skill requirements of the maritime
4
industrial base of the Navy, including welders,
5
electricians, metal fabricators, machinists, weld
6
engineers, manufacturing engineers, industrial
7
engineers, quality inspectors, test technicians,
8
machine programmers, additive manufacturing
9
professionals, and naval engineers.
10
(B) An analysis of labor markets that face
11
growing demands on the maritime industrial
12
base workforce, including such markets located
13
in landlocked States.
14
(C) A plan to catalogue and annually
15
transmit specific workforce requirements of the
16
maritime industrial base to State university sys-
17
tems, community college systems, technical col-
18
lege systems, and State educational agencies.
19
(3) REPORT.—
20
(A) IN GENERAL.—Not later than October
21
1, 2027, the Secretary of the Navy shall submit
22
to the congressional defense committees a re-
23
port on the feasibility and efficacy of estab-
24
lishing a seventh regional talent pipeline as part
25
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of the Navy Talent Pipeline Program focused
1
on non-coastal labor markets that are tradition-
2
ally underutilized by the maritime industrial
3
base.
4
(B) FORM.—The report required by sub-
5
paragraph (A) shall be submitted in unclassi-
6
fied form but may contain a classified annex.
7
(b) DEVELOPMENT OF INDUSTRIAL BASE OF SUP-
8
PLIERS
AND MANUFACTURERS
FOR SUBMARINES
AND
9
SURFACE VESSELS.—
10
(1) IN GENERAL.—The Secretary of the Navy,
11
in coordination with the heads of relevant organiza-
12
tions of the Department of Defense and other de-
13
partments and agencies of the Federal Government,
14
shall develop a strategy to further modernize the
15
supply chain of the maritime industrial base by opti-
16
mizing its geographic reach to incorporate capable
17
suppliers and manufacturers for the Nation’s ship-
18
building needs.
19
(2) ELEMENTS.—The strategy developed under
20
paragraph (1) shall include the following:
21
(A) A plan to grow the Navy’s industrial
22
base of suppliers and manufacturers for sub-
23
marines and surface vessels beyond the tradi-
24
tional centers of shipbuilding.
25
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(B) Plans to build sourcing and logistics
1
capabilities from disperse geographic United
2
States locations.
3
(C) A plan to develop a single, consolidated
4
online portal for maritime industrial base sup-
5
pliers to access information about—
6
(i) parts, components, and systems
7
needed by the maritime industrial base;
8
and
9
(ii) pathways to become a qualified
10
supplier.
11
(D) A description of current and projected
12
shortfalls in the supply chains of the maritime
13
industrial base that are negatively impacted by
14
workforce deficits in labor markets that tradi-
15
tionally support the shipbuilding industry.
16
(3) SUBMITTAL TO CONGRESS.—Not later than
17
October 1, 2027, the Secretary of the Navy shall
18
submit to the congressional defense committees a
19
completed version of the strategy developed under
20
paragraph (1).
21
SEC. 1015. REPORT AND BRIEFING ON SUBMARINE TENDER
22
REQUIREMENTS AND CAPACITY.
23
(a) REPORT REQUIRED.—Not later than March 1,
24
2027, the Secretary of the Navy shall submit to the con-
25
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gressional defense committees a report on the required
1
number of submarine tenders (AS) to support the current
2
and planned force structure of attack submarines (SSN),
3
guided-missile submarines (SSGN), and ballistic missile
4
submarines (SSBN), particularly in the United States
5
Indo-Pacific Command area of responsibility.
6
(b) ELEMENTS.—The report required under sub-
7
section (a) shall include the following elements:
8
(1) An analysis of the required number of sub-
9
marine tenders to meet theater maintenance and re-
10
pair requirements through 2055, accounting for the
11
planned expansion of the submarine fleet.
12
(2) A detailed timeline and schedule for the
13
procurement and deployment of the next-generation
14
submarine tender (AS(X)) program to prevent oper-
15
ational capability gaps as the current aging fleet of
16
AS–39 Emory S. Land-class tenders are decommis-
17
sioned.
18
(3) A detailed analysis of the impact of expedi-
19
tionary submarine repair and reload capabilities on
20
battle force effectiveness in a contested environment.
21
(4) A description of how new tenders will pro-
22
vide depot-level maintenance, including repair of ad-
23
vanced weapons systems and unmanned aerial sys-
24
tems/unmanned underwater vehicles (UAS/UUV)
25
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support, as identified in the SSN(X) requirement re-
1
port.
2
(5) An assessment of the feasibility of utilizing
3
other ship platforms, such as Expeditionary Sea
4
Base (ESB) or Landing Platform Dock (LPD) ves-
5
sels, to augment submarine tender capabilities.
6
(6) An evaluation of optimal homeporting loca-
7
tions for tenders to maximize Pacific operational
8
flexibility, including Japan and Australia.
9
(c) FORM.—The report shall be submitted in unclas-
10
sified form, but may include a classified annex.
11
(d) BRIEFING REQUIREMENT.—Not later than April
12
1, 2027, the Secretary of the Navy shall provide a briefing
13
to the congressional defense committees on the findings
14
of the report.
15
SEC. 1016. INCREASE IN MINIMUM NUMBER OF AMPHIB-
16
IOUS WARFARE SHIPS.
17
(a) REQUIREMENT.—Section 8062(b) of title 10,
18
United States Code, is amended by striking ‘‘31’’ and in-
19
serting ‘‘33’’.
20
(b) REPORT.—
21
(1) IN
GENERAL.—Not later than 180 days
22
after the date of the enactment of this Act, the Sec-
23
retary of the Navy shall submit to the congressional
24
defense committees a report on the plan of the Navy
25
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to achieve a continuous 3.0 amphibious readiness
1
group (ARG)/marine expeditionary unit (MEU)
2
presence.
3
(2) ELEMENTS.—The report required by para-
4
graph (1) shall include the following:
5
(A) A description of any changes to the
6
Optimized Fleet Response Plan for amphibious
7
warfare ships and an explanation of how the re-
8
vised force generation model will achieve in-
9
creased forward presence using the same force
10
structure.
11
(B) An assessment of the total number of
12
amphibious warfare ships, including the number
13
of amphibious assault ships, required to support
14
the 3.0 ARG/MEU presence under the revised
15
force generation model.
16
(C) A description of any plans to conduct
17
service-life extensions or modernization pro-
18
grams for amphibious warfare ships, including
19
the LHD–1 Wasp.
20
SEC. 1017. PROHIBITION ON RETIRING AND DECOMMIS-
21
SIONING OCEANOGRAPHIC RESEARCH VES-
22
SELS OF THE NAVY.
23
None of the funds authorized to be appropriated by
24
this Act for fiscal year 2027 may be obligated or expended
25
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to retire or decommission, prepare to retire or decommis-
1
sion, or place in storage any oceanographic research vessel
2
of the Navy, including the Kilo Moana.
3
SEC. 1018. SUPERVISORS OF SHIPBUILDING, CONVERSION,
4
AND REPAIR.
5
(a) IN GENERAL.—Section 8039 of title 10, United
6
States Code, is amended—
7
(1) in the section heading, by striking ‘‘Dep-
8
uty Commander of the Naval Sea Systems
9
Command for the Supervision’’ and insert-
10
ing ‘‘Supervisors’’;
11
(2) in subsection (a), by striking ‘‘The Sec-
12
retary’’ and all that follows and inserting ‘‘The Su-
13
pervisors of Shipbuilding, Conversion, and Repair
14
are the onsite shipbuilding, conversion, and repair
15
oversight presence for naval vessels in private ship-
16
yards that perform new construction.’’;
17
(3) by striking subsections (b), (f), (g), and (h);
18
(4) by redesignating subsections (c), (d), and
19
(e), as subsections (b), (c), and (d), respectively;
20
(5) in subsection (b), as so redesignated, by
21
striking ‘‘The Deputy Commander’’ and all that fol-
22
lows and inserting ‘‘The Supervisors shall align
23
under and report to the designated Portfolio Acqui-
24
sition Executive for assigned vessels or Milestone
25
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Decision Authority if there is no designated portfolio
1
acquisition executive.’’;
2
(6) in subsection (c), as redesignated by para-
3
graph (4)—
4
(A) in the matter preceding paragraph (1),
5
by striking ‘‘Deputy Commander’’ and inserting
6
‘‘Supervisors’’;
7
(B) in paragraph (1), by striking ‘‘inde-
8
pendent’’; and
9
(C) in paragraph (4), by striking ‘‘greater
10
quality and economy’’ and inserting ‘‘on-time
11
performance, quality, and economy’’; and
12
(7) in subsection (d), as redesignated by para-
13
graph (4)—
14
(A) in the matter preceding paragraph
15
(1)—
16
(i) by striking ‘‘Deputy Commander’’
17
and inserting ‘‘Supervisors’’; and
18
(ii) by striking ‘‘Program Executives
19
Offices’’ and inserting ‘‘Portfolio Acquisi-
20
tion Executives or Milestone Decision Au-
21
thority, as applicable’’;
22
(B) in paragraph (1)—
23
(i) in subparagraph (A), by striking
24
‘‘Commander of Naval Sea Systems Com-
25
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mand’’ and inserting ‘‘applicable author-
1
ity’’; and
2
(ii) in subparagraph (D), by striking
3
‘‘Contract planning and procurement, in-
4
cluding participation’’ and inserting ‘‘Par-
5
ticipating’’; and
6
(C) in paragraph (2)(B), by striking
7
‘‘Naval Sea Systems Command’’ and inserting
8
‘‘applicable authority’’.
9
(b) CLERICAL AMENDMENT.—The table of sections
10
at the beginning of chapter 805 of such title is amended
11
by striking the item relating to section 8039 and inserting
12
the following:
13
‘‘8039. Supervisors of Shipbuilding, Conversion, and Repair.’’.
SEC. 1019. CONSTRUCTION OF VESSELS IN FOREIGN SHIP-
14
YARDS.
15
(a) PROHIBITION.—Section 8679 of title 10, United
16
States Code, is amended—
17
(1) in subsection (a), by striking ‘‘Except as
18
provided in subsection (b), no vessel to be con-
19
structed for any of the armed forces’’ and inserting
20
‘‘No vessel to be constructed for any of the armed
21
services’’;
22
(2) by striking subsection (b); and
23
(3) by redesignating subsection (c) as sub-
24
section (b).
25
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(b) AUTHORITY.—
1
(1) IN
GENERAL.—Notwithstanding section
2
8679 of title 10, United States Code, the Secretary
3
of Defense may construct not more than two vessels
4
for each class of covered vessels in a foreign ship-
5
yard, if the Secretary determines that—
6
(A) such construction is in the national se-
7
curity interest of the United States, supported
8
by evidence, for purposes of interoperability
9
with allies and partners, forward logistics sup-
10
port, or accelerating achievement of fleet capac-
11
ity requirements;
12
(B) the foreign country in which construc-
13
tion is proposed—
14
(i) is a treaty ally of the United
15
States; and
16
(ii) has the capacity to produce the
17
vessel, including with respect to workforce,
18
physical shipyard constraints, and supply
19
chain; and
20
(C) such construction ensures concurrent
21
direct capital investments in the maritime in-
22
dustrial base of the United States resulting in,
23
not later than the fourth vessel of the class of
24
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covered vessels, the onshoring of the construc-
1
tion and the supplier base of such class.
2
(2) REPORT AND CERTIFICATION REQUIRED.—
3
Not later than 30 days before obligating or expend-
4
ing any funds pursuant to the authority under para-
5
graph (1), the Secretary of Defense shall submit to
6
the congressional defense committees a report that
7
includes the following:
8
(A) A certification that the conditions de-
9
scribed in subparagraphs (A), (B), and (C) of
10
such paragraph will be satisfied.
11
(B) An identification of—
12
(i) the specific vessel or class of ves-
13
sels to be constructed in a foreign ship-
14
yard; and
15
(ii) the specific foreign country and
16
shipyard in which construction is proposed.
17
(C) A description of the enforceable provi-
18
sions that will govern the protection of classi-
19
fied information and controlled unclassified in-
20
formation related to the vessel during construc-
21
tion.
22
(D) The sourcing plan and schedule to on-
23
shore the supply chain and the plan for con-
24
struction of the third and subsequent vessels of
25
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the class of covered vessels in a shipyard in the
1
United States.
2
(3) ADDITIONAL
REQUIREMENTS.—In exer-
3
cising the authority under paragraph (1), the Sec-
4
retary of Defense shall ensure that—
5
(A) all critical mission systems, command
6
and control equipment, and secure communica-
7
tions systems are installed in the United States
8
or a secure allied facility;
9
(B) the vessels are projected to be con-
10
structed and delivered faster than if the vessels
11
were constructed at a shipyard in the United
12
States, or construction at a foreign shipyard
13
otherwise provides a material benefit to readi-
14
ness or force posture;
15
(C) the software and hardware related to
16
all machinery control systems, cargo and ballast
17
control systems, power and electrical systems,
18
and safety systems are secure; and
19
(D) a life cycle sustainment plan is ap-
20
proved by the Secretary for the class of covered
21
vessels, including class-standard repair parts.
22
(4) PROHIBITION
ON
DELEGATION.—The re-
23
sponsibility to submit a certification under para-
24
graph (2) may not be delegated.
25
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(c) DEFINITIONS.—In this section:
1
(1) CLASS OF COVERED VESSELS.—The term
2
‘‘class of covered vessels’’ means the following ves-
3
sels that do not have combatant classifications:
4
(A) Bulk fuel vessels designed or intended
5
primarily for the carriage of liquid fuels.
6
(B) Strategic sealift vessels designed to
7
rapidly deploy heavy military equipment glob-
8
ally in a roll-on/roll-off configuration.
9
(2) CRITICAL
MISSION
SYSTEM.—The term
10
‘‘critical mission system’’, with respect to a vessel,
11
means a system (weapon or auxiliary) the failure of
12
which would prevent the successful completion of the
13
mission or severely impact ability to fight.
14
(3) FOREIGN
SHIPYARD.—The term ‘‘foreign
15
shipyard’’ means a shipyard located outside the
16
United States.
17
SEC. 1020. LIMITATION ON AUTHORITY OF THE SECRETARY
18
OF THE NAVY TO CHANGE VESSEL NAMES.
19
Section 8662 of title 10, United States Code, is
20
amended—
21
(1) in subsection (a), by inserting ‘‘SAME
22
NAME.—’’ after ‘‘(a)’’; and
23
(2) in subsection (b)—
24
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(A) by striking ‘‘(b) The Secretary’’ and
1
inserting the following:
2
‘‘(b) NAME CHANGE.—
3
‘‘(1) IN GENERAL.—Except as provided in para-
4
graph (2), the Secretary’’; and
5
(B) by adding at the end the following new
6
paragraph:
7
‘‘(2) LIMITATION AND NOTIFICATION REQUIRE-
8
MENT.—
9
‘‘(A) IN GENERAL.—The Secretary of the
10
Navy may change the name of a vessel after
11
such name has been officially announced by the
12
Secretary only if—
13
‘‘(i) the Secretary is holding office by
14
and with the advice and consent of the
15
Senate;
16
‘‘(ii) the Secretary determines that a
17
compelling reason exists for the name
18
change; and
19
‘‘(iii) not later than 30 days before
20
the date on which the change takes effect,
21
the Secretary submits to the Committee on
22
Armed Services of the Senate and the
23
Committee on Armed Services of the
24
House of Representatives a report explain-
25
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ing, in detail, the justification for the
1
change.
2
‘‘(B) EXERCISE OF AUTHORITY; NONDELE-
3
GATION.—The authority under subparagraph
4
(A) shall be exercised solely by the Secretary of
5
the Navy and may not be delegated.’’.
6
Subtitle C—Counterterrorism
7
SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS
8
FOR TRANSFER OR RELEASE OF INDIVID-
9
UALS DETAINED AT UNITED STATES NAVAL
10
STATION, GUANTANAMO BAY, CUBA, TO THE
11
UNITED STATES.
12
Section 1033 of the John S. McCain National De-
13
fense Authorization Act for Fiscal Year 2019 (Public Law
14
115–232; 132 Stat. 1953), as most recently amended by
15
section 1032 of the National Defense Authorization Act
16
for Fiscal Year 2026 (Public Law 119–60; 129 Stat.
17
1034), is further amended by striking ‘‘December 31,
18
2026’’ and inserting ‘‘December 31, 2027’’.
19
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SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS
1
TO CONSTRUCT OR MODIFY FACILITIES IN
2
THE UNITED STATES TO HOUSE DETAINEES
3
TRANSFERRED FROM UNITED STATES NAVAL
4
STATION, GUANTANAMO BAY, CUBA.
5
Section 1034(a) of the John S. McCain National De-
6
fense Authorization Act for Fiscal Year 2019 (Public Law
7
115–232; 132 Stat. 1954), as most recently amended by
8
section 1033 of the National Defense Authorization Act
9
for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
10
1034), is further amended by striking ‘‘December 31,
11
2026’’ and inserting ‘‘December 31, 2027’’.
12
SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS
13
FOR TRANSFER OR RELEASE OF INDIVID-
14
UALS DETAINED AT UNITED STATES NAVAL
15
STATION, GUANTANAMO BAY, CUBA, TO CER-
16
TAIN COUNTRIES.
17
Section 1035 of the John S. McCain National De-
18
fense Authorization Act for Fiscal Year 2019 (Public Law
19
115–232; 132 Stat. 1954), as most recently amended by
20
section 1034 of the National Defense Authorization Act
21
for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
22
1034), is further amended by striking ‘‘December 31,
23
2026’’ and inserting ‘‘December 31, 2027’’.
24
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SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS
1
TO CLOSE OR RELINQUISH CONTROL OF
2
UNITED STATES NAVAL STATION, GUANTA-
3
NAMO BAY, CUBA.
4
Section 1036 of the National Defense Authorization
5
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
6
1551), as most recently amended by section 1035 of the
7
National Defense Authorization Act for Fiscal Year 2026
8
(Public Law 119–60; 139 Stat. 1035), is further amended
9
by striking ‘‘2026’’ and inserting ‘‘2027’’.
10
Subtitle D—Miscellaneous
11
Authorities and Limitations
12
SEC. 1031. PROHIBITION ON USE OF FUNDS TO SUPPORT
13
ENTERTAINMENT PROJECTS WITH TIES TO
14
THE GOVERNMENT OF THE PEOPLE’S REPUB-
15
LIC OF CHINA.
16
(a) IN GENERAL.—None of the funds authorized to
17
be appropriated by this Act for the Department of Defense
18
may be used to knowingly provide active and direct sup-
19
port to any film, television, or other entertainment project
20
if the Secretary of Defense has demonstrable evidence that
21
the project has complied or is likely to comply with a de-
22
mand from the Government of the People’s Republic of
23
China or the Chinese Communist Party, or an entity
24
under the direction of the People’s Republic of China or
25
the Chinese Communist Party, to censor the content of
26
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the project in a material manner to advance the national
1
interest of the People’s Republic of China.
2
(b) WAIVER.—The Secretary of Defense may waive
3
the prohibition under subsection (a) if the Secretary sub-
4
mits to the Committees on Armed Services of the Senate
5
and House of Representatives a written certification that
6
such a waiver is in the national interest of the United
7
States.
8
SEC. 1032. WAIVER AUTHORITY FOR LIMITATION ON LIVE
9
FIRE TRAUMA TRAINING.
10
Section 1050 of the National Defense Authorization
11
Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
12
1042) is amended—
13
(1) by striking ‘‘Beginning’’ and inserting the
14
following:
15
‘‘(1) IN GENERAL.—Beginning’’; and
16
(2) by adding at the end the following new sub-
17
section:
18
‘‘(b) WAIVER AUTHORITY.—
19
‘‘(1) IN GENERAL.—The Secretary may waive
20
the application of subsection (a) with respect to a
21
unit or command for a period of one year, and may
22
renew such a waiver for additional one-year periods,
23
if the application of that subsection is demonstrated
24
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to have a direct impact on the operational readiness
1
of the unit or command, as the case may be.
2
‘‘(2) NOTIFICATION REQUIRED.—Not later than
3
15 days after issuing or renewing a waiver under
4
paragraph (1), the Secretary shall submit to the
5
congressional defense committees a notification that
6
includes, at a minimum—
7
‘‘(A) an identification of the unit or com-
8
mand to which the waiver applies;
9
‘‘(B) a description of the assessed impact
10
to operational readiness that necessitated the
11
waiver;
12
‘‘(C) a description of ongoing efforts to in-
13
crease combat medic training in civilian set-
14
tings; and
15
‘‘(D) a certification that no technically ac-
16
ceptable alternative exists to replace the use of
17
live animals.’’.
18
SEC. 1033. PROHIBITION ON AVAILABILITY OF FUNDS FOR
19
REMOVAL OF ARMY PREPOSITIONED STOCKS
20
FROM EUROPE.
21
No funds authorized to be appropriated by this Act
22
or otherwise made available may be used to transport
23
Army Prepositioned Stock-2 (APS-2) equipment, so as-
24
signed as of March 1, 2026, outside of the European area
25
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of operations for the purposes of maintenance or divest-
1
ment.
2
SEC. 1034. IMPLEMENTATION OF NATIONAL TRANSPOR-
3
TATION SAFETY BOARD RECOMMENDATIONS
4
FOR DEPARTMENT OF DEFENSE.
5
(a) IN GENERAL.—Not later than one year after the
6
date of the enactment of this Act, the Secretary of Defense
7
shall implement each recommendation for the Department
8
of Defense and the Department of the Army from the Na-
9
tional Transportation Safety Board contained in the re-
10
port dated January 27, 2026, and entitled, ‘‘Midair Colli-
11
sion over the Potomac River PSA Airlines Flight 5342,
12
Mitsubishi Heavy Industries (MHI) RJ Aviation CL–600–
13
2C10 (CRJ700), and US Army Priority Air Transport
14
Flight 25, Sikorsky UH–60L’’ (Aviation Investigation Re-
15
port AIR–26–02), as the Secretary determines appro-
16
priate and practicable.
17
(b) IMPLEMENTATION.—The Secretary of Defense
18
shall implement the recommendations under subsection
19
(a), as applicable, across the Armed Forces and aviation
20
units under the jurisdiction of the Secretary.
21
(c) REPORTS.—
22
(1) INITIAL REPORT.—Not later than one year
23
after the date of the enactment of this Act, the Sec-
24
retary of Defense shall submit to the Committees on
25
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Armed Services of the Senate and the House of Rep-
1
resentatives—
2
(A) a certification specifying which rec-
3
ommendations under subsection (a) have been
4
implemented, including a justification for any
5
recommendation not implemented; and
6
(B) a plan of the Department of Defense
7
to mitigate the risk identified in each such rec-
8
ommendation not implemented.
9
(2) QUARTERLY
REPORT.—Not later than
10
March 1, 2027, and not less frequently than quar-
11
terly thereafter until December 31, 2030, the Sec-
12
retary of Defense shall submit to the Committees on
13
Armed Services of the Senate and the House of Rep-
14
resentatives a report detailing the status of imple-
15
mentation of this section across each branch of the
16
Armed Forces and any barriers to such implementa-
17
tion.
18
(d) INSPECTOR GENERAL AUDITS.—
19
(1) IN
GENERAL.—Not later than one year
20
after the date of the enactment of this Act, and not
21
less frequently than annually thereafter, the Inspec-
22
tor General of the Department of Defense shall con-
23
duct an audit of oversight by the Department of De-
24
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fense of all operations of aircraft of the Department
1
in the national airspace system.
2
(2) CONSIDERATIONS.—In conducting each
3
audit under paragraph (1), the Inspector General
4
shall assess the efficacy of implementation by the
5
Department of the recommendations under sub-
6
section (a).
7
(3) BRIEFINGS
TO
CONGRESS.—Not less fre-
8
quently than annually after the completion of the
9
first audit under paragraph (1), the Inspector Gen-
10
eral shall brief the Committees on Armed Services of
11
the Senate and the House of Representatives on the
12
findings of the audits conducted under such para-
13
graph.
14
SEC. 1035. MODIFICATION OF SUPPORT OF SPECIAL OPER-
15
ATIONS FOR IRREGULAR WARFARE.
16
(a) IN GENERAL.—Section 127d of title 10, United
17
States Code, is amended—
18
(1)
in
subsection
(a),
by
striking
19
‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’;
20
(2) in subsection (c)(2)(E), in the matter pre-
21
ceding clause (i), by inserting ‘‘satisfy the require-
22
ments of section 130g to’’ after ‘‘shall’’; and
23
(3) in subsection (j)(1)(A), by inserting ‘‘as re-
24
quired by section 130g’’ before the semicolon.
25
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(b) TECHNICAL AMENDMENT.—The second section
1
130g of title 10, United States Code, is redesignated as
2
section 130h.
3
SEC. 1036. DESIGNATION OF SOUTHWEST LAND BORDER
4
ACTIVITIES, SUPPORT, AND OPERATIONS AS
5
NAMED OPERATION.
6
(a) DESIGNATION.—Not later than 180 days after
7
the date of the enactment of this Act, the Secretary of
8
Defense shall designate activities, support, and operations
9
conducted by the Department of Defense in support of
10
civil authorities at the southwest land border as a named
11
operation.
12
(b) PURPOSE.—The purpose of the designation re-
13
quired by subsection (a) is to provide unified identifica-
14
tion, planning, budgeting, oversight, and reporting for the
15
activities, support, and operations described in such sub-
16
section
in
efforts
to
detect,
deter,
and
disrupt
17
transnational criminal organizations and other border-re-
18
lated threats.
19
(c) ANNUAL BUDGET REQUEST.—In the budget jus-
20
tification materials of the Department of Defense sub-
21
mitted to Congress each year, beginning with the first
22
such submission following the designation required by sub-
23
section (a), the Secretary of Defense shall include, in a
24
distinct line item—
25
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(1) a program title and budgetary line for the
1
named operation showing requested obligational au-
2
thority by appropriations account and fiscal year;
3
(2) a narrative justification describing the scope
4
of Department of Defense support, planned activi-
5
ties, and the legal authorities under which support
6
is provided; and
7
(3) performance metrics and planned outputs
8
for the coming fiscal year.
9
(d) TRANSPARENCY.—The budget justification mate-
10
rials described in subsection (c) shall include an unclassi-
11
fied summary of the types and estimated value of support
12
provided, with a classified annex as necessary to protect
13
sources and methods.
14
(e) DEFINITIONS.—In this section:
15
(1) SOUTHWEST
LAND
BORDER.—The term
16
‘‘southwest land border’’ means the land border of
17
the United States adjacent to Mexico.
18
(2) SUPPORT
OF
CIVIL
AUTHORITIES.—The
19
term ‘‘support of civil authorities’’—
20
(A) has the meaning given that term in
21
Department of Defense Directive 3025.18, as
22
amended; and
23
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(B) includes planning, logistics, intelligence
1
support, aviation, engineering, and other non-
2
law-enforcement assistance.
3
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
4
tion may be construed to authorize the use of military
5
force.
6
Subtitle E—Studies and Reports
7
SEC. 1041. THREAT ASSESSMENT REGARDING UNMANNED
8
AIRCRAFT SYSTEMS AT OR NEAR THE INTER-
9
NATIONAL BORDERS OF THE UNITED STATES.
10
(a) SHORT TITLE.—This section may be cited as the
11
‘‘Border Drone Threat Assessment Act’’.
12
(b) DEFINITIONS.— In this section:
13
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
14
TEES.—The term ‘‘appropriate congressional com-
15
mittees’’ means—
16
(A) the Select Committee on Intelligence of
17
the Senate;
18
(B) the Committee on Homeland Security
19
and Governmental Affairs of the Senate;
20
(C) the Committee on Commerce, Science,
21
and Transportation of the Senate;
22
(D) the Committee on the Judiciary of the
23
Senate;
24
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(E) the Committee on Armed Services of
1
the Senate;
2
(F) the Committee on Foreign Relations of
3
the Senate ;
4
(G) the Permanent Select Committee on
5
Intelligence of the House of Representatives;
6
(H) the Committee on Homeland Security
7
of the House of Representatives;
8
(I) the Committee on the Judiciary of the
9
House of Representatives;
10
(J) the Committee on Transportation and
11
Infrastructure of the House of Representatives;
12
(K) the Committee on Energy and Com-
13
merce of the House of Representatives;
14
(L) the Committee on Armed Services of
15
the House of Representatives; and
16
(M) the Committee on Foreign Affairs of
17
the House of Representatives.
18
(2) AT
OR
NEAR
THE
INTERNATIONAL
BOR-
19
DERS OF THE UNITED STATES.—The term ‘‘at or
20
near the international borders of the United States’’
21
means at or within 100 air miles of an international
22
land border or coastal border of the United States.
23
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(3) COMMANDER.—The term ‘‘Commander’’
1
means the Commander of the United States North-
2
ern Command (USNORTHCOM).
3
(4) FOREIGN MALIGN INFLUENCE.—The term
4
‘‘foreign malign influence’’ has the meaning given
5
such term in section 119B(f) of the National Secu-
6
rity Act of 1947 (50 U.S.C. 3059(f)).
7
(5) MALIGN ACTOR.—The term ‘‘malign actor’’
8
means any individual, group, or organization that is
9
engaged in foreign malign influence, illicit drug traf-
10
ficking, or other forms of transnational organized
11
crime.
12
(6) TRANSNATIONAL ORGANIZED CRIME.—The
13
term ‘‘transnational organized crime’’ has the mean-
14
ing given such term in section 284(i) of title 10,
15
United States Code.
16
(7) UNDER
SECRETARY
OF
DEFENSE.—The
17
term ‘‘Under Secretary of Defense’’ means the
18
Under Secretary of Defense for Intelligence and Se-
19
curity
20
(8) UNMANNED
AIRCRAFT; UNMANNED
AIR-
21
CRAFT
SYSTEM.—The terms ‘‘unmanned aircraft’’
22
and ‘‘unmanned aircraft system’’ have the meanings
23
given such terms in section 44801 of title 49, United
24
States Code.
25
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(c) REPORT ON INCIDENTS INVOLVING UNMANNED
1
AIRCRAFT SYSTEMS AT OR NEAR THE INTERNATIONAL
2
BORDERS OF THE UNITED STATES.—
3
(1) IN GENERAL.—Not later than 30 days after
4
the date of the enactment of this Act, the Com-
5
mander shall—
6
(A) conduct a review of all incidents involv-
7
ing unmanned aerial systems operated at or
8
near the international borders of the United
9
States and counter-unmanned aerial systems
10
actions taken by, or using equipment of, the
11
Department of Defense during February 2026;
12
and
13
(B) make an assessment and determina-
14
tion on whether modifications should be made
15
to the communications and coordination by and
16
between the Department of Defense and other
17
Federal agencies with regard to unmanned aer-
18
ial systems operated by a government entity in
19
commercial airspace.
20
(2) AFTER ACTION REPORT.—Not later than 30
21
days after completing the review and assessment re-
22
quired under subsection (a), the Commander shall
23
submit a report to—
24
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(A) the Under Secretary of Defense, which
1
shall be included as part of the threat assess-
2
ment required under subsection (d);
3
(B) the Committee on Armed Services of
4
the Senate; and
5
(C) the Committee on Armed Services of
6
the House of Representatives.
7
(d) THREAT ASSESSMENT.—
8
(1) IN GENERAL.—Not later than 1 year after
9
the date of the enactment of this Act, the Under
10
Secretary of Defense shall complete an assessment
11
of the threat regarding unmanned aircraft systems
12
at or near the international borders of the United
13
States.
14
(2) ELEMENTS.—The threat assessment re-
15
quired under paragraph (1) shall include—
16
(A) a description of the malign actors op-
17
erating unmanned aircraft systems at or near
18
the international borders of the United States,
19
including malign actors who cross such borders;
20
(B) a description of how a threat is identi-
21
fied and assessed at or near the international
22
borders of the United States, including a de-
23
scription of the capabilities of the United States
24
Government to detect and identify unmanned
25
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aircraft systems operated by, or on behalf of,
1
malign actors;
2
(C) a description of the data and informa-
3
tion collected by operators of unmanned aircraft
4
systems at or near the international borders of
5
the United States, including how such data is
6
used by malign actors;
7
(D) a description of the tactics, techniques,
8
and procedures used at or near the inter-
9
national borders of the United States by malign
10
actors with regards to unmanned aircraft sys-
11
tems, including how unmanned aircraft systems
12
are acquired, modified, and utilized to conduct
13
malicious activities, including attacks, surveil-
14
lance, conveyance of contraband, and other
15
forms of threats;
16
(E) a description of the guidance, policies,
17
and procedures that address the privacy, civil
18
rights, and civil liberties of persons who law-
19
fully operate unmanned aircraft systems at or
20
near the international borders of the United
21
States;
22
(F) a description of the capabilities of the
23
United States Government to counter, contain,
24
trace, defeat, or otherwise mitigate threats from
25
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unmanned aircraft systems operated by malign
1
actors at or near the international borders of
2
the United States;
3
(G) an assessment of whether the capabili-
4
ties of the United States Government are suffi-
5
cient for achieving complete air domain aware-
6
ness at or near the international borders of the
7
United States;
8
(H) an assessment of the adequacy of cur-
9
rent authorities of the United States Govern-
10
ment to counter the use of unmanned aircraft
11
systems by malign actors at or near the inter-
12
national borders of the United States, including
13
an accounting of the delineated responsibilities
14
of Federal agencies to counter, contain, trace,
15
or defeat unmanned aircraft systems at or near
16
the international borders of the United States;
17
and
18
(I) an assessment of the coordination be-
19
tween Federal Government entities for airspace
20
domain awareness, protection, and safety.
21
(e) CONSULTATION REQUIREMENTS.—In carrying
22
out the assessment required under subsection (d), the
23
Under Secretary of Defense may consult with—
24
(1) the Director of National Intelligence;
25
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(2) the Secretary of Homeland Security;
1
(3) the Administrator of the Federal Aviation
2
Administration;
3
(4) the Secretary of State; and
4
(5) the heads of other elements of the intel-
5
ligence community, the defense community, and the
6
Department of Homeland Security as the Under
7
Secretary considers appropriate.
8
(f) REPORT AND BRIEFING.—
9
(1) IN
GENERAL.—Not later than 180 days
10
after completing the threat assessment required
11
under subsection (d), the Under Secretary of De-
12
fense shall submit a report to the appropriate con-
13
gressional committees containing findings with re-
14
spect to such assessment.
15
(2) ELEMENTS.—The report required under
16
paragraph (1) shall include—
17
(A) a detailed description of the threats
18
posed to the national security of the United
19
States by unmanned aircraft systems operated
20
by malign actors at or near the international
21
borders of the United States;
22
(B) a summary of the current responsibil-
23
ities, authorities, regulations, policies, and pro-
24
cedures of the United States Government for
25
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achieving air domain awareness at and near the
1
international borders of the United States and
2
countering and defeating unmanned aircraft
3
systems used by malign actors along such bor-
4
ders;
5
(C) a summary of the current responsibil-
6
ities, authorities, regulations, policies, and pro-
7
cedures of the United States Government for
8
coordinating across Federal agencies for achiev-
9
ing air domain awareness at or near the inter-
10
national borders of the United States and en-
11
suring airspace safety;
12
(D) an assessment of whether a change in
13
authorities or additional authorities or re-
14
sources are necessary—
15
(i) to achieve complete air domain
16
awareness at or near international borders
17
of the United States;
18
(ii) to provide adequate coordination
19
across agencies on airspace safety; and
20
(iii) to counter and defeat unmanned
21
aircraft systems used by malign actors
22
along such borders.
23
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(3) FORM.—The report required under para-
1
graph (1) shall be submitted in unclassified form,
2
but may include a classified annex, as appropriate.
3
(4) BRIEFING.—Not later than 90 days after
4
the submission of the report required under para-
5
graph (1), the Under Secretary of Defense shall pro-
6
vide a briefing regarding the report to the appro-
7
priate congressional committees.
8
SEC. 1042. EXTENSION OF AFGHANISTAN WAR COMMIS-
9
SION.
10
Section 1094(e)(2)(A)(ii)(I) of the National Defense
11
Authorization Act for Fiscal Year 2022 (Public Law 117–
12
81; 135 Stat. 1541) is amended by striking ‘‘3’’ and in-
13
serting ‘‘4’’.
14
SEC. 1043. EXTENSION OF BRIEFING REQUIREMENT RE-
15
GARDING
CIVIL
AUTHORITIES
AT
THE
16
SOUTHWEST BORDER.
17
Section 1070 of the James M. Inhofe National De-
18
fense Authorization Act for Fiscal Year 2023 (Public Law
19
117–263; 136 Stat. 2791), as amended by section 1064
20
of the National Defense Authorization Act for Fiscal Year
21
2026 (Public Law 119–60), is further amended—
22
(1) by striking ‘‘through December 31, 2026’’
23
and inserting ‘‘through December 31, 2028’’;
24
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(2) in paragraph (5), by striking ‘‘; and’’ and
1
inserting a semicolon;
2
(3) in paragraph (6), by striking the period at
3
the end and inserting ‘‘; and’’; and
4
(4) by adding at the end the following new
5
paragraph:
6
‘‘(7) a cost analysis and an accompanying re-
7
port that includes—
8
‘‘(A) the costs associated with the assist-
9
ance provided by the Department of Defense to
10
the Department of Homeland Security during
11
the most recently concluded 90-day period;
12
‘‘(B) the costs associated with the assist-
13
ance provided by the Department of Defense to
14
the Department of Homeland Security during
15
the most recently concluded 12-month period;
16
‘‘(C) the projected costs associated with
17
any requests for assistance from the Depart-
18
ment of Homeland Security that have been
19
granted by the Secretary of Defense, but have
20
not been delivered; and
21
‘‘(D) a detailed accounting of—
22
‘‘(i) costs for assistance that the De-
23
partment of Defense provided, is providing,
24
or will provide to the Department of
25
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Homeland Security, including whether
1
such assistance is being provided on a re-
2
imbursable basis or a nonreimbursable
3
basis; and
4
‘‘(ii) an accounting of the reimburse-
5
ments received by the Department of De-
6
fense for the assistance described in the re-
7
port.’’.
8
SEC. 1044. DRONE POSTURE REVIEW.
9
(a) IN GENERAL.—The Secretary of Defense shall
10
conduct a drone posture review for uncrewed aerial,
11
ground, surface, and undersea vehicles and their enabling
12
systems, including an identification of gaps in the capa-
13
bility of United States forces and the vulnerabilities of
14
United States forces to foreign uncrewed systems.
15
(b) REPORT.—Not later than March 1, 2027, the
16
Secretary of Defense shall submit to the congressional de-
17
fense committees a report that includes the findings of the
18
review required under subsection (a).
19
SEC. 1045. QUARTERLY REPORTS ON UNMANNED AERIAL
20
SYSTEM INCURSIONS OVER MILITARY IN-
21
STALLATIONS, SENSITIVE SITES, AND THE
22
SOUTHERN BORDER.
23
(a) REQUIREMENT FOR REPORTS.—The Assistant
24
Secretary of Defense for Homeland Defense and Americas
25
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Security Affairs (in this section referred to as the ‘‘Assist-
1
ant Secretary’’) shall submit to the congressional defense
2
committees quarterly reports on incidents involving un-
3
manned aerial systems (UAS) incursions—
4
(1) over military installations and other sen-
5
sitive sites within the United States and its terri-
6
tories; and
7
(2) along the international land borders of the
8
United States, with a particular focus on the south-
9
ern border.
10
(b) ELEMENTS.—Each report required under sub-
11
section (a) shall include, for the preceding quarter—
12
(1) a comprehensive accounting of all known or
13
suspected UAS incursions over—
14
(A) military installations; and
15
(B) other sensitive sites, as determined by
16
the Secretary of Defense;
17
(2) for each such incursion, to the extent prac-
18
ticable—
19
(A) the date, time, and location of the inci-
20
dent;
21
(B) the duration and altitude of the UAS
22
activity;
23
(C) the assessed origin and operator, if
24
known;
25
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(D) the type and capabilities of the UAS
1
involved; and
2
(E) any assessed intent or threat posed by
3
the incursion;
4
(3) a description of actions taken in response to
5
each incursion, including—
6
(A) detection, tracking, and identification
7
measures;
8
(B) mitigation or interdiction actions; and
9
(C) coordination with Federal, State, local,
10
Tribal, and territorial authorities;
11
(4) an assessment of trends, patterns, and
12
emerging threats related to UAS incursions;
13
(5) an evaluation of the effectiveness of existing
14
counter-UAS authorities, policies, technologies, and
15
procedures; and
16
(6) identification of any capability gaps, re-
17
source constraints, or legal limitations affecting the
18
Department of Defense’s ability to detect, deter, or
19
respond to such incursions.
20
(c) FORM.—Each report required under subsection
21
(a) shall be submitted in unclassified form, but may in-
22
clude a classified annex.
23
(d) SENSITIVE SITES DEFINED.—In this section, the
24
term ‘‘sensitive sites’’ means military installations and
25
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other facilities and assets located in the United States that
1
are subject to the authority provided under section 130i
2
of title 10, United States Code, relating to the protection
3
of certain facilities and assets from unmanned aircraft.
4
(e) SUNSET.—The requirement to submit reports
5
under this section shall terminate on December 31, 2031.
6
SEC. 1046. REPORT ON PROGRESS ON IMPLEMENTATION
7
OF DEPARTMENT OF DEFENSE INSTRUCTION
8
ON CIVILIAN HARM MITIGATION AND RE-
9
SPONSE.
10
(a) IN GENERAL.—Not later than March 15, 2027,
11
the Secretary of Defense shall submit to the Committees
12
on Armed Services of the Senate and the House of Rep-
13
resentatives a report on the implementation of Depart-
14
ment of Defense Instruction 3000.17, entitled ‘‘Civilian
15
Harm Mitigation and Response’’ and dated December 21,
16
2023.
17
(b) ELEMENTS.—The report required by subsection
18
(a) shall include, at a minimum, the following:
19
(1) An assessment of the progress made toward
20
implementation of each responsibility, function, and
21
task assigned in section 2 of Department of Defense
22
Instruction 3000.17.
23
(2) An assessment of the progress made toward
24
implementation of sections 3, 4, and 5 of that In-
25
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struction, related to mitigating, assessing, and re-
1
sponding to civilian harm, respectively, including any
2
related changes in policy or practice of the Depart-
3
ment of Defense.
4
(3) A breakdown of the number of full-time
5
equivalent staff assigned to implementation of that
6
Instruction across the Department, including the lo-
7
cations, offices, and roles of such staff.
8
(4) An estimate of the resources required by
9
the Department to effectively implement that In-
10
struction.
11
(c) FORM.—The report required by subsection (a)
12
shall be submitted in unclassified form, but may include
13
a classified annex if necessary.
14
SEC. 1047. REPORT ON TRANSFER OF PROPERTY BY DE-
15
PARTMENT OF DEFENSE.
16
Section 2576a of title 10, United States Code, is
17
amended—
18
(1) by redesignating subsection (g) as sub-
19
section (h); and
20
(2) by inserting after subsection (f) the fol-
21
lowing new subsection (g):
22
‘‘(g) SEMI-ANNUAL
MONITORING
REPORTS.—Not
23
less frequently than once every 180 days, the Secretary
24
of Defense shall submit to the congressional defense com-
25
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mittees a report setting forth, for the preceding 180-day
1
period, the following:
2
‘‘(1) An identification of the type of controlled
3
and non-controlled property transferred by the Sec-
4
retary under this section and the quantity trans-
5
ferred.
6
‘‘(2) An identification of the agency receiving
7
such property.
8
‘‘(3) The date of any such transfer.’’.
9
SEC. 1048. OVERSIGHT OF DEPARTMENT OF DEFENSE
10
RULES OF ENGAGEMENT.
11
(a) ANNUAL REPORT ON RULES OF ENGAGEMENT.—
12
(1) IN GENERAL.—Not later than March 15 of
13
each year for five years beginning one year after the
14
date of the enactment of this Act, the Secretary of
15
Defense shall submit to the congressional defense
16
committees a report on the rules of engagement in
17
force in the preceding calendar year governing oper-
18
ations conducted pursuant to direction from the
19
President or the Secretary of Defense.
20
(2) ELEMENTS.—The annual report shall in-
21
clude the following elements:
22
(A) A description of any changes made to
23
the standing rules of engagement, a legal and
24
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policy explanation for each such change, and a
1
copy of revised standing rules of engagement.
2
(B) An identification and description of
3
any supplementary or theater-specific rules of
4
engagement issued by the commander of a com-
5
batant command.
6
(C) A list and description of each declared
7
hostile force that could be targeted under the
8
rules of engagement identified under subpara-
9
graphs (A) and (B) without the United States
10
Armed Forces observing a hostile act or dem-
11
onstration of hostile intent, including—
12
(i) the legal basis for the designation
13
of the declared hostile force; and
14
(ii) the risk posed by the declared hos-
15
tile force to United States persons or terri-
16
tory.
17
(D) A certification signed by the Secretary
18
of Defense, the General Counsel of the Depart-
19
ment of Defense, and the Judge Advocate Gen-
20
eral for each military service branch that all
21
rules of engagement have been reviewed by the
22
appropriate legal officers and comport with the
23
rules and principles of the law of armed con-
24
flict.
25
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(3) FORM.—The report required under para-
1
graph (1) shall be submitted in unclassified form,
2
but may contain a classified annex.
3
(b) PRELIMINARY REPORT.—Not later than 270 days
4
after the date of the enactment of this Act, the Secretary
5
of Defense shall submit to the congressional defense com-
6
mittee a report with the elements and in the form de-
7
scribed in subsection (a) that covers the preceding two cal-
8
endar years.
9
SEC. 1049. STRATEGY TO ADDRESS INTELLIGENCE-GATH-
10
ERING SHORTCOMINGS IN AREA OF RESPON-
11
SIBILITY OF UNITED STATES AFRICA COM-
12
MAND.
13
(a) IN GENERAL.—Not later than 180 days after the
14
date of the enactment of this Act, the Commander of the
15
United States Africa Command, in consultation with the
16
head of any other relevant Federal agency, as appropriate,
17
shall submit to the congressional defense committees a
18
strategy to address intelligence gathering shortcomings in
19
the area of responsibility of the United States Africa Com-
20
mand.
21
(b) ELEMENTS.—
22
(1) INTELLIGENCE, SURVEILLANCE, AND
RE-
23
CONNAISSANCE
ARCHITECTURE.—With respect to
24
the intelligence, surveillance, and reconnaissance ar-
25
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chitecture, the strategy required by subsection (a)
1
shall include the following:
2
(A) An assessment of the scope, coverage,
3
and operational tempo of existing intelligence,
4
surveillance, and reconnaissance assets and ac-
5
tivities in the area of responsibility of the
6
United States Africa Command.
7
(B) A description of the manner in which
8
the United States Africa Command could fur-
9
ther develop an integrated, multi-layered intel-
10
ligence, surveillance, and reconnaissance archi-
11
tecture in such area of responsibility.
12
(C) A description of the manner in which
13
the United States Africa Command can incor-
14
porate emerging technologies into the intel-
15
ligence, surveillance, and reconnaissance archi-
16
tecture, including—
17
(i) artificial intelligence and machine-
18
learning tools for the automated proc-
19
essing, exploitation, and dissemination of
20
intelligence, surveillance, and reconnais-
21
sance data;
22
(ii) language recognition software and
23
natural language processing tools capable
24
of monitoring, transcribing, and analyzing
25
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communications in regional languages and
1
dialects; and
2
(iii) other emerging technologies that
3
the Commander of the United States Afri-
4
ca Command determines could improve the
5
speed, accuracy, or coverage of activities
6
conducted by the United States Africa
7
Command in such area of responsibility.
8
(D) A description of intelligence, surveil-
9
lance, and reconnaissance cooperation and in-
10
formation-sharing arrangements with partner
11
countries and allied forces in such area of re-
12
sponsibility, including an analysis of the extent
13
to which partner country capabilities may be in-
14
tegrated into the United States intelligence,
15
surveillance, and reconnaissance architecture.
16
(E) An identification of capability gaps, re-
17
source shortfalls, or authority limitations that
18
constrain the ability of the United States Africa
19
Command to establish and sustain a persistent,
20
meshed intelligence, surveillance, and reconnais-
21
sance architecture in the area of operation, and
22
recommendations for addressing such gaps.
23
(2) INFORMATION CAMPAIGN.—With respect to
24
information campaigns carried out by the United
25
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States African Command, the strategy required by
1
subsection (a) shall include the following, which the
2
Secretary of Defense shall develop in consultation
3
with the Secretary of State:
4
(A) A description of the current informa-
5
tion environment in the area of responsibility of
6
the United States Africa Command, including—
7
(i) an identification of the means and
8
mechanisms through which violent extrem-
9
ist organizations, near-peer competitors,
10
and any other actors of concern to the
11
United States Africa Command dissemi-
12
nate propaganda, recruit members, and fo-
13
ment instability in such area of responsi-
14
bility;
15
(ii) an assessment of the relative ef-
16
fectiveness of violent extremist organiza-
17
tion information operations in such area of
18
responsibility and the populations most
19
vulnerable to such influence; and
20
(iii) an assessment of the relative ef-
21
fectiveness of information operations con-
22
ducted by other state and non-state actors
23
in such area of responsibility and the pop-
24
ulations most vulnerable to such influence.
25
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(B) A description of current and planned
1
information campaigns and military information
2
support operations of the United States Africa
3
Command in such area of responsibility, includ-
4
ing—
5
(i) activities conducted through digital
6
means, including social media engagement,
7
counter-narrative campaigns, and efforts to
8
disrupt or degrade adversary and compet-
9
itor online presence and propaganda dis-
10
tribution networks;
11
(ii) activities conducted through tradi-
12
tional means, including radio broadcasts,
13
print media, community engagement, and
14
support to trusted local voices and civil so-
15
ciety organizations;
16
(iii) efforts to coordinate and syn-
17
chronize digital and traditional information
18
activities into a consistent, persistent, and
19
regionally coherent campaign;
20
(iv) an identification of main informa-
21
tion campaign themes and an assessment
22
of the effectiveness of current information
23
campaign activities, including metrics used
24
to measure such effectiveness; and
25
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(v) an identification of gaps, resource
1
shortfalls, or authority limitations that
2
constrain the ability of the United States
3
Africa Command to sustain consistent and
4
effective information campaigns, and rec-
5
ommendations for addressing such gaps.
6
Subtitle F—Equity Investments
7
and Related Matters
8
SEC. 1051. AUTHORITY FOR EQUITY INVESTMENTS BY OF-
9
FICE OF STRATEGIC CAPITAL.
10
Section 149 of title 10, United States Code, is
11
amended—
12
(1) by redesignating subsection (h) as sub-
13
section (i);
14
(2) by inserting after subsection (g) the fol-
15
lowing new subsection (h):
16
‘‘(h) AUTHORITY FOR EQUITY INVESTMENTS.—
17
‘‘(1) ESTABLISHMENT OF ACCOUNT.—
18
‘‘(A) IN GENERAL.—There is established in
19
the Treasury of the United States a Depart-
20
ment of Defense Equity Investment Account (in
21
this subsection referred to as the ‘Equity In-
22
vestment Account’), to be used to make equity
23
investments under this subsection.
24
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‘‘(B) AMOUNTS IN ACCOUNT.—The Equity
1
Investment Account shall consist of amounts
2
appropriated pursuant to the authorization of
3
appropriations specifically designated for equity
4
investments under this subsection.
5
‘‘(2) AUTHORITY FOR EQUITY INVESTMENTS.—
6
The Director may use amounts in the Equity Invest-
7
ment Account to make equity investments in entities
8
for the purpose of carrying out this subsection.
9
‘‘(3) ELIGIBLE USES.—The Director may exer-
10
cise the authority under paragraph (2) only with re-
11
spect to—
12
‘‘(A) critical minerals, materials, and
13
chemicals; and
14
‘‘(B) batteries.
15
‘‘(4) LIMITATIONS.—
16
‘‘(A) LIMITATION
ON
PER
AMOUNT
IN-
17
VESTMENT.—The amount of an equity invest-
18
ment in an entity under paragraph (2) may not
19
exceed the amount that is equal to 40 percent
20
of the total amount of all equity investments
21
made to the entity at the time of the equity in-
22
vestment by the Director under paragraph (2).
23
‘‘(B) LIMITATION ON AGGREGATE AMOUNT
24
OF
INVESTMENTS.—The Director may not
25
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make equity investments under paragraph (2)
1
in an entity that exceed $500,000,000 in the
2
aggregate.
3
‘‘(C) PROHIBITION ON MAJORITY OWNER-
4
SHIP
BY
DEPARTMENT.—The Department of
5
Defense may not hold more than 50 percent of
6
the ownership interest in an entity in which the
7
Director makes an equity investment under
8
paragraph (2).
9
‘‘(D) PROHIBITION ON VOTING REPRESEN-
10
TATION.—The Director shall not take or main-
11
tain board seats, directors, or any other form of
12
voting representation in any entity in which the
13
Director makes an equity investment under
14
paragraph (2).
15
‘‘(5) CERTIFICATION.—The Director may make
16
an equity investment in an entity under paragraph
17
(2) only if the Director certifies to the congressional
18
defense committees that—
19
‘‘(A) without the investment—
20
‘‘(i) sufficient commercial credit is not
21
available to the entity under reasonable
22
terms or conditions to finance the activity
23
the entity plans to carry out using the in-
24
vestment; or
25
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‘‘(ii) the entity would be unable to ex-
1
pand operations to support the defense in-
2
dustrial base in the time frame necessary
3
to address a shortfall in such operations;
4
‘‘(B) the investment is the most cost effec-
5
tive, expedient, and practical alternative avail-
6
able to meet the needs of the Federal Govern-
7
ment; and
8
‘‘(C) the investment is in the national se-
9
curity interests of the United States.
10
‘‘(6) GUIDELINES AND CRITERIA.—
11
‘‘(A) IN GENERAL.—The Director, in co-
12
ordination with the National Security Capital
13
Forum, shall develop guidelines and criteria for
14
the use of the authority to make equity invest-
15
ments under paragraph (2).
16
‘‘(B) CONSIDERATIONS.—The guidelines
17
and criteria required by subparagraph (A) shall
18
require, when determining whether to make an
19
equity investment in an entity under paragraph
20
(2), consideration of whether—
21
‘‘(i) the equity investment in the enti-
22
ty would be more likely than not to sub-
23
stantially reduce or overcome the effect of
24
an identified market failure;
25
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‘‘(ii) the operations of the entity
1
would be terminated or substantially de-
2
layed without the equity investment;
3
‘‘(iii) the investment supports a use
4
described in paragraph (3);
5
‘‘(iv) the investment would be aligned
6
with incentives provided by commercial
7
partners;
8
‘‘(v) the investment would have a sig-
9
nificant benefit for, or contribute to long-
10
term commercial sustainability of, the de-
11
fense industrial base;
12
‘‘(vi) the investment would not unduly
13
harm or hinder competition within the de-
14
fense industrial base;
15
‘‘(vii) the investment would further
16
the economic security policy of the United
17
States; and
18
‘‘(viii) the investment would comply
19
with all applicable laws related to ethics
20
and conflicts of interest.
21
‘‘(7) LIMIT ON CURRENCY DENOMINATION.—An
22
equity investment under paragraph (2) may be de-
23
nominated in a foreign currency only if the National
24
Security Capital Forum determines the policy goal
25
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of the investment cannot be achieved using United
1
States dollars.
2
‘‘(8) DISPOSITION OF EQUITY INVESTMENT.—
3
‘‘(A) IN GENERAL.—The Director may dis-
4
pose of any equity investment made under para-
5
graph (2) only after taking into consideration
6
the national security interests of the United
7
States.
8
‘‘(B) REINVESTMENT.—Any proceeds from
9
the disposition of an equity investment made
10
under paragraph (2)—
11
‘‘(i) may not be used for any purpose;
12
and
13
‘‘(ii) shall be deposited into the Treas-
14
ury of the United States.
15
‘‘(9) SUNSET.—The authorities under this sub-
16
section shall terminate on December 31, 2037.’’; and
17
(3) in subsection (i), as redesignated by para-
18
graph (1)—
19
(A) by redesignating paragraph (5) as
20
paragraph (6); and
21
(B) by inserting after paragraph (4) the
22
following new paragraph (5):
23
‘‘(5) The term ‘equity investment’ means any
24
direct or indirect purchase, acquisition, or commit-
25
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ment of funds by the Department of Defense in ex-
1
change for an ownership interest, convertible inter-
2
est, warrant, revenue-sharing instrument, or other
3
similar financial instrument in a non-Federal enti-
4
ty.’’.
5
SEC. 1052. OWNERSHIP REVIEW FOR EQUITY INVEST-
6
MENTS.
7
Section 149 of title 10, United States Code, as
8
amended by section 1051 øROS26896¿, is further amend-
9
ed—
10
(1) by redesignating subsection (i) as subsection
11
(j);
12
(2) by inserting after subsection (h) the fol-
13
lowing new subsection (i):
14
‘‘(i) OWNERSHIP REVIEW
FOR EQUITY INVEST-
15
MENTS.—
16
‘‘(1) MANDATORY REVIEW.—Before the obliga-
17
tion or disbursement of funds for any equity invest-
18
ment made by the Office in any non-Federal entity,
19
the Director shall conduct a review of the ownership
20
structure of the entity.
21
‘‘(2) SCOPE OF REVIEW.—The review required
22
by paragraph (1) with respect to the ownership
23
structure of an entity shall—
24
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‘‘(A) assess any direct or indirect foreign
1
ownership interest in the entity, including the
2
ability of any foreign person to exercise control
3
or influence over the management, governance,
4
operations, or technology of the entity;
5
‘‘(B) identify of all owners holding, directly
6
or indirectly, 5 percent or more of any class of
7
equity in the entity;
8
‘‘(C) identify members of the board of di-
9
rectors, advisory boards, and executive leader-
10
ship of the entity and any potential conflicts of
11
interest between those individuals and officials
12
of the Federal Government; and
13
‘‘(D) determine whether mitigation meas-
14
ures are necessary to protect the national secu-
15
rity interests of the United States or prevent
16
conflicts of interest described in subparagraph
17
(C).
18
‘‘(3) REPORT TO CONGRESS.—Not later than
19
15 days after completing the review required by
20
paragraph (1) with respect to an equity investment,
21
the Secretary shall submit to the congressional de-
22
fense committees a report on the results of the re-
23
view.’’; and
24
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(3) in subsection (j), as redesignated paragraph
1
(1)—
2
(A) by redesignating paragraph (6) as
3
paragraph (7); and
4
(B) by inserting after paragraph (5) the
5
following new paragraph (6):
6
‘‘(6) The term ‘foreign person’ means—
7
‘‘(A) an individual who is not a citizen of
8
the United States or an alien lawfully admitted
9
for permanent residence in the United States;
10
and
11
‘‘(B) an entity that is not organized under
12
the laws of the United States or any jurisdic-
13
tion within the United States.’’.
14
SEC. 1053. NOTIFICATIONS WITH RESPECT TO DEBT AND
15
EQUITY INVESTMENTS.
16
(a) IN GENERAL.—Section 149 of title 10, United
17
States Code, as amended by sections 1051 and 1052
18
øROS26896 and ROS26897¿, is further amended—
19
(1) by redesignating subsection (j) as sub-
20
section (k);
21
(2) by inserting after subsection (i) the fol-
22
lowing new subsection (j):
23
‘‘(j) NOTIFICATIONS WITH RESPECT TO DEBT AND
24
EQUITY INVESTMENTS.—
25
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‘‘(1)
INVESTMENTS
OF
LESS
THAN
1
$50,000,000.—With respect to an equity investment or
2
debt investment made by the Office in an amount
3
that is less than $50,000,000, the Director—
4
‘‘(A) not later than five days after signing
5
a term sheet for the investment, shall—
6
‘‘(i) notify the congressional defense
7
committee of the investment; and
8
‘‘(ii) brief the congressional defense
9
committees on the terms of the investment;
10
and
11
‘‘(B) may only enter into a legally binding
12
agreement to make the investment if 15 busi-
13
ness days have elapsed after the briefing re-
14
quired by subparagraph (A)(ii) with respect to
15
the investment.
16
‘‘(2) INVESTMENTS OF $50,000,000 OR MORE.—
17
With respect to an equity investment or debt invest-
18
ment made by the Office in an amount that is equal
19
to or more than $50,000,000, the Director—
20
‘‘(A) not later than five days after signing
21
a term sheet for the investment, shall—
22
‘‘(i) notify the congressional defense
23
committee of the investment; and
24
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‘‘(ii) brief the congressional defense
1
committees on the terms of the investment;
2
and
3
‘‘(B) may only enter into a legally binding
4
agreement to make the investment if 30 busi-
5
ness days have elapsed after the briefing re-
6
quired by subparagraph (A)(ii) with respect to
7
the investment.
8
‘‘(3) NOTIFICATION REQUIREMENTS.—Each no-
9
tification required under paragraph (1) or (2) with
10
respect to an equity investment or debt investment
11
made by the Office—
12
‘‘(A) shall include—
13
‘‘(i) an unredacted copy of the term
14
sheet for the investment;
15
‘‘(ii) an articulation of the legal au-
16
thorities supporting each part of the in-
17
vestment;
18
‘‘(iii) a description of why the invest-
19
ment is—
20
‘‘(I) necessary; and
21
‘‘(II) determined to be in the
22
long-term defense interests of the
23
United States; and
24
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‘‘(iv) clear criteria for the Federal
1
Government to sell, liquidate, or otherwise
2
exit the investment; and
3
‘‘(v) an accounting of the estimated
4
costs to the Federal Government of the in-
5
vestment over the duration of the invest-
6
ment, disaggregated by the type of author-
7
ity used and appropriation type; and
8
‘‘(B) may be submitted in a format that
9
contains classified or controlled unclassified in-
10
formation.’’; and
11
(3) in subsection (k), as redesignated paragraph
12
(1)—
13
(A)
by
redesignating
paragraphs
(3)
14
through (7) as paragraphs (4) through (8), re-
15
spectively; and
16
(B) by inserting after paragraph (2) the
17
following new paragraph (3):
18
‘‘(3) The term ‘debt investment’ means any
19
loan, note, bond, debenture, or other instrument rep-
20
resenting an obligation of an entity to repay funds
21
advanced by the Secretary—
22
‘‘(A) including any such instrument that is
23
convertible into or exchangeable for an equity
24
investment; and
25
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‘‘(B) excluding any instrument that is an
1
equity investment.’’.
2
(b) NOTIFICATIONS FOR PAST INVESTMENTS.—Not
3
later than 30 days after the date of the enactment of this
4
Act, the Secretary of Defense shall transmit to the con-
5
gressional defense committees all unredacted term sheets
6
for each equity investment or debt investment (as defined
7
in section 149 of title 10, United States Code, as amended
8
by subsection (a) and section 1051 øROS26896¿) made
9
by the Department of Defense before such date of enact-
10
ment.
11
SEC. 1054. MODIFICATIONS TO AUTHORITIES OF INDUS-
12
TRIAL BASE FUND.
13
(a) EXCLUSION OF AUTHORITY FOR EQUITY INVEST-
14
MENTS.—Section 4817 of title 10, United States Code, is
15
amended—
16
(1) by redesignating subsections (k) through
17
(m) as subsections (l) through (n), respectively; and
18
(2) by inserting after subsection (j) the fol-
19
lowing new subsection (k):
20
‘‘(k) EXCLUSION OF AUTHORITY FOR EQUITY IN-
21
VESTMENTS.—The Secretary may not use any authority
22
provided by this section to enter into an equity investment
23
(as defined in section 149). Section 149 provides the sole
24
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authority for entering into equity investments under this
1
title.’’.
2
(b) REPEAL OF LIMITATION ON USE OF CERTAIN
3
FUNDS AND SUNSET.—Section 867 of the National De-
4
fense Authorization Act for Fiscal Year 2026 (Public Law
5
119–60; 139 Stat. 996) is amended by striking sub-
6
sections (b) and (d).
7
SEC. 1055. BRIEFINGS ON ECONOMIC DEFENSE UNIT; LIMI-
8
TATION ON USE OF FUNDS.
9
(a) BRIEFINGS REQUIRED.—
10
(1) IN GENERAL.—Not later than January 31,
11
2027, and every 90 days thereafter until January
12
31, 2029, the Deputy Secretary of Defense shall
13
provide a briefing to the Committees on Armed
14
Services of the Senate and the House of Representa-
15
tives on activities of the Economic Defense Unit
16
during the 90-day period preceding the briefing and
17
any supporting classified details.
18
(2) ELEMENTS.—Each briefing required by
19
paragraph (1) shall address the following:
20
(A) Projects of the Economic Defense Unit
21
ongoing as of the date of the briefing.
22
(B) Agreements recently completed before
23
the date of the briefing.
24
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(C) An overarching strategy for the Eco-
1
nomic Defense Unit.
2
(D) Efforts to coordinate activities across
3
the Department of Defense during the 90-day
4
period preceding the briefing.
5
(E) Matters relating to personnel of the
6
Economic Defense Unit during that period.
7
(F) Any projects reviewed or approved by
8
the Economic Defense Unit during that period,
9
including—
10
(i) projects of the Office of Strategic
11
Capital;
12
(ii) projects carried out under the De-
13
fense Production Act of 1950 (50 U.S.C.
14
4501 et seq.); and
15
(iii) projects carried out under the In-
16
dustrial Base Analysis and Sustainment
17
program.
18
(3) ACCESS
TO
DOCUMENTATION.—For each
19
briefing required by paragraph (1), the Deputy Sec-
20
retary of Defense shall provide the Committees on
21
Armed Services of the Senate and the House of Rep-
22
resentatives the ability to review relevant analysis
23
and documentation for all projects reviewed or ap-
24
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proved by the Economic Defense Unit during the
1
90-day period preceding the briefing.
2
(b) LIMITATION ON USE OF FUNDS.—None of the
3
funds appropriated by this Act or any previous Act, or
4
otherwise made available to the Department of Defense,
5
may be used by the Office of the Deputy Secretary of De-
6
fense for the Economic Defense Unit or any activities of
7
the Economic Defense Unit until the following actions are
8
complete:
9
(1) The Deputy Secretary provides the first
10
briefing required by subsection (a).
11
(2) The Secretary of Defense completes and
12
submits to the congressional defense committees the
13
ownership review required by subsection (i) of sec-
14
tion 149 of title 10, United States Code, as added
15
by section 1052 øROS26897¿, for all equity invest-
16
ments the Department has made as of the date of
17
the review.
18
(3) The Secretary certifies to the congressional
19
defense committees that the Department does not
20
hold, and does not have the option to hold, any seat
21
on the board of directors or any other form of voting
22
representation or control in any entity in which the
23
Department holds equity.
24
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SEC. 1056. APPROVAL AUTHORITY FOR EXPENDITURES
1
FROM INDUSTRIAL BASE FUND.
2
Section 4817 of title 10, United States Code, as
3
amended by section 1054 øROS26907¿, is further amend-
4
ed—
5
(1) by redesignating subsections (l) through (n)
6
as subsections (m) through (o), respectively; and
7
(2) by inserting after subsection (k) the fol-
8
lowing new subsection (l):
9
‘‘(l) APPROVAL AUTHORITY.—The Under Secretary
10
of Defense for Acquisition and Sustainment shall be the
11
authority to review and approve all expenditures from the
12
Fund of less than $75,000,000.’’.
13
SEC. 1057. QUARTERLY BRIEFINGS ON BUSINESS OPERA-
14
TORS FOR NATIONAL DEFENSE (BOND) PRO-
15
GRAM.
16
(a) IN GENERAL.—Not later than January 31, 2027,
17
and every 90 days thereafter until January 31, 2029, the
18
Secretary of Defense shall provide to the Committees on
19
Armed Services of the Senate and the House of Represent-
20
atives a briefing on the activities of the Business Opera-
21
tors for National Defense (BOND) Program (in this sec-
22
tion referred to as the ‘‘Program’’) during the 90-day pe-
23
riod preceding the briefing that includes supporting de-
24
tails.
25
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(b) ELEMENTS.—Each briefing required by para-
1
graph (1) shall address the following:
2
(1) Participants in the Program and where
3
those participants are placed.
4
(2) Metrics for success.
5
(3) Conflict of interest guardrails employed.
6
(4) Cost.
7
(c) LIMITATION ON USE OF FUNDS.—None of the
8
funds authorized to be appropriated by this Act, or other-
9
wise made available to the Department of Defense, may
10
be obligated or expended by the Office of the Secretary
11
of Defense for the Program until the Secretary provides
12
the first briefing required by subsection (a).
13
Subtitle G—Other Matters
14
SEC. 1061. EXTENSION OF ADMISSION TO GUAM, WAKE IS-
15
LAND, AND THE COMMONWEALTH OF THE
16
NORTHERN MARIANA ISLANDS FOR CERTAIN
17
H–2B NONIMMIGRANTS.
18
Section 6(b)(1) of the Joint Resolution entitled ‘‘A
19
Joint Resolution to approve the ‘Covenant to Establish a
20
Commonwealth of the Northern Mariana Islands in Polit-
21
ical Union with the United States of America’, and for
22
other purposes’’, approved March 24, 1976 (Public Law
23
94–241; 48 U.S.C. 1806(b)(1)), is amended—
24
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(1) in subparagraph (A), by inserting ‘‘, Wake
1
Island,’’ after ‘‘Guam’’; and
2
(2) in subparagraph (B)—
3
(A) in the matter preceding clause (i), by
4
striking ‘‘December 31, 2029’’ and inserting
5
‘‘December 31, 2031’’; and
6
(B) by inserting ‘‘, Wake Island,’’ after
7
‘‘Guam’’ each place such term appears.
8
SEC. 1062. NOTIFICATION TO CONGRESSIONAL DEFENSE
9
COMMITTEES OF COMBAT WOUNDED IN AC-
10
TION.
11
(a) NOTIFICATION REQUIRED.—The Secretary con-
12
cerned shall provide to the congressional defense commit-
13
tees notification of any member of the Armed Forces
14
wounded in action in a theater of combat within 24 hours
15
of the incident.
16
(b) CONTENT OF NOTIFICATION.—The notification
17
required under subsection (a) shall include—
18
(1) the time, date, and location of the incident;
19
(2) the servicemember’s unit;
20
(3) a brief description of the incident; and
21
(4) any other information the Secretary con-
22
cerned determines appropriate.
23
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SEC. 1063. AMERICAS DEFENSE INITIATIVE.
1
(a) IN GENERAL.—Not later than 180 days after the
2
date of the enactment of this Act, the Secretary of Defense
3
shall establish an initiative, to be known as the ‘‘Americas
4
Defense Initiative’’ (in this section referred to as the ‘‘Ini-
5
tiative’’), to carry out prioritized activities to enhance the
6
defense and security of the United States, counter
7
transnational criminal organizations and malign foreign
8
actors, and strengthen the capacity of partner nations in
9
the Western Hemisphere.
10
(b) ACTIVITIES.—To improve the design and posture
11
of the joint force within the area of responsibility of the
12
United States Southern Command, the Secretary, through
13
the Initiative, shall—
14
(1) enhance the ability of the United States and
15
partner nations in the detection and monitoring of
16
the aerial and maritime transit of illegal drugs into
17
the United States;
18
(2) support efforts to identify, disrupt, and de-
19
grade transnational criminal organizations;
20
(3) increase persistent maritime and air domain
21
awareness through the deployment of autonomous
22
and unmanned systems;
23
(4) provide cost-effective, lower-maintenance,
24
and sustainable capabilities to partner nations in the
25
Western Hemisphere;
26
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(5) strengthen regional security cooperation and
1
interoperability with partner nations by improving
2
the capabilities of partner nations in counter-illicit
3
drug trafficking, counter-transnational organized
4
crime operations, and border security operations;
5
(6) invest in geographic areas of key strategic
6
terrain, including Panama, Jamaica, and United
7
States Naval Station Guantanamo Bay, Cuba; and
8
(7) develop and coordinate planning with the
9
United States Northern Command, Joint Inter-
10
agency Task Force–Counter Cartel, and relevant
11
interagency partners.
12
(c) ANNUAL REPORT REQUIRED.—
13
(1) IN
GENERAL.—Not later than 180 days
14
after the date of the enactment of this Act, and an-
15
nually thereafter, the Secretary, in consultation with
16
the Commander of the United States Southern Com-
17
mand, shall submit to the congressional defense
18
committees a report on future-year activities and re-
19
sources of the Initiative.
20
(2) ELEMENTS.—Each report required by para-
21
graph (1) shall include the following:
22
(A) A description of the activities and re-
23
sources of the Initiative for the first fiscal year
24
that begins after the date on which the report
25
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is submitted, and the plan for such activities
1
and resources for not fewer than the four fol-
2
lowing fiscal years, organized by the activities
3
described in paragraphs (1) through (7) of sub-
4
section (b).
5
(B) A summary of progress made toward
6
achieving the purposes of the Initiative, includ-
7
ing through investments in—
8
(i) the procurement, integration, and
9
deployment of low-cost, low-maintenance
10
autonomous and robotic systems designed
11
for persistent intelligence, surveillance, and
12
reconnaissance
and
maritime
domain
13
awareness;
14
(ii) improved interoperability and in-
15
formation sharing with partner nations;
16
(iii) bilateral and multilateral military
17
exercises and training with partner na-
18
tions; and
19
(iv) the use of security cooperation
20
authorities to further build the capacity of
21
partner nations.
22
(C) A description of any significant parts
23
of the Initiative not achieved and a detailed ex-
24
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planation of the obstacles that prevented
1
achievement of the Initiative.
2
(D) A detailed explanation of any signifi-
3
cant modifications to activities or resources of
4
the Initiative, as compared to reports previously
5
submitted under this subsection.
6
(E) Any other matter, as determined by
7
the Secretary.
8
(d) BUDGET DISPLAY INFORMATION.—
9
(1) IN GENERAL.—The Secretary shall include
10
a detailed budget display for the Initiative in the
11
materials of the Department of Defense submitted
12
to Congress in support of the budget of the Presi-
13
dent pursuant to section 1105 of title 31, United
14
States Code, for fiscal year 2028 and each fiscal
15
year thereafter.
16
(2) ELEMENTS.—Each budget display required
17
by paragraph (1) shall include the following informa-
18
tion:
19
(A) The resources necessary for the Initia-
20
tive to carry out the activities required by sub-
21
section (b) for the applicable fiscal year and not
22
fewer than the four following fiscal years, orga-
23
nized by the activities described in paragraphs
24
(1) through (7) of such subsection.
25
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(B) With respect to procurement ac-
1
counts—
2
(i) amounts displayed by account,
3
budget activity, line number, line item, and
4
line item title; and
5
(ii) a description of the requirements
6
for such amounts specific to the Initiative.
7
(C) With respect to research, development,
8
test, and evaluation accounts—
9
(i) amounts displayed by account,
10
budget activity, line number, program ele-
11
ment, and program element title; and
12
(ii) a description of the requirements
13
for such amounts specific to the Initiative.
14
(D) With respect to operation and mainte-
15
nance accounts—
16
(i) amounts displayed by account title,
17
budget activity title, line number, and sub-
18
activity group title; and
19
(ii) a description of the specific man-
20
ner in which such amounts will be used.
21
(E) With respect to military personnel ac-
22
counts—
23
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(i) amounts displayed by account,
1
budget activity, budget subactivity, and
2
budget subactivity title; and
3
(ii) a description of the requirements
4
for such amounts specific to the Initiative.
5
(F) With respect to each project under
6
military construction accounts (including with
7
respect to unspecified minor military construc-
8
tion and amounts for planning and design), the
9
country, location, project title, and project
10
amount by fiscal year.
11
(G) With respect to the activities described
12
in subsection (b)—
13
(i) amounts displayed by account title,
14
budget activity title, line number, and sub-
15
activity group title; and
16
(ii) a description of the specific man-
17
ner in which such amounts will be used.
18
(H) With respect to each military service—
19
(i) amounts displayed by account title,
20
budget activity title, line number, and sub-
21
activity group title; and
22
(ii) a description of the specific man-
23
ner in which such amounts will be used.
24
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(I) With respect to the amounts described
1
in each of subparagraphs (B)(i), (C)(i), (D)(i),
2
(E)(i), (G)(i), and (H)(i), a comparison be-
3
tween—
4
(i) the amount in the budget of the
5
President for the following fiscal year; and
6
(ii) the amount projected in the pre-
7
vious budget of the President for the fol-
8
lowing fiscal year.
9
(J) A detailed summary of funds obligated
10
for the Initiative during the previous fiscal year.
11
(K) A detailed comparison of funds obli-
12
gated for the Initiative during the previous fis-
13
cal year to the amount of funds requested for
14
such fiscal year.
15
(e) ANNUAL BRIEFING REQUIRED.—Not later than
16
March 1, 2027, and annually thereafter, the Secretary
17
shall provide to the congressional defense committees a
18
briefing on the budget proposal for and programs of the
19
Initiative, including the budget display information for the
20
applicable fiscal year required by subsection (d).
21
SEC. 1064. BRIEFINGS ON HOMELAND DEFENSE.
22
(a) REQUIREMENT FOR QUARTERLY BRIEFINGS.—
23
Not later than 90 days after the date of the enactment
24
of this Act, and on a quarterly basis thereafter, the Under
25
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Secretary of Defense for Policy, the Under Secretary of
1
Defense for Personnel and Readiness, the Under Sec-
2
retary of Defense for Acquisition and Sustainment, and
3
the Under Secretary of Defense for Intelligence and Secu-
4
rity, in coordination with the Northern Command, the
5
Chairman of the Joint Chiefs of Staff, and the Indo-Pa-
6
cific Command, shall jointly brief the Committee on
7
Armed Services of the Senate and the Committee on
8
Armed Services of the House of Representatives on the
9
status of Department of Defense planning for, and imple-
10
mentation of, core homeland defense priorities, including
11
plans for responding to a major attack on the homeland
12
in the context of military operations in other areas of re-
13
sponsibility, including Hawaii and Alaska.
14
(b) ELEMENTS.—Each briefing required under sub-
15
section (a) shall include, at a minimum, the following:
16
(1) An update on current homeland defense
17
strategies, plans, and operational concepts.
18
(2) An assessment of emerging and persistent
19
threats to the homeland, including threats from
20
state and non-state actors.
21
(3) A description of interagency coordination ef-
22
forts with the Department of Homeland Security,
23
the Department of Transportation, the National Nu-
24
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clear Security Administration, and other relevant
1
Federal, State, local, Tribal, and territorial partners.
2
(4) An update on capabilities, force posture,
3
force allocation, and resourcing requirements nec-
4
essary to execute homeland defense missions during
5
peacetime and wartime, including supporting civil
6
authorities during times of crisis such as pandemic
7
and disaster response, protection of defense critical
8
infrastructure, mobilization of the industrial base to
9
support needed capabilities, activation of the Selec-
10
tive Service, and use of national stockpiles.
11
(5) Any identified resourcing gaps, risks, or
12
challenges in homeland defense planning and mitiga-
13
tion efforts underway.
14
(6) An update on coordination with United
15
States Northern Command, United States Strategic
16
Command, United States Cyber Command, Indo-Pa-
17
cific Command, the Director of Golden Dome, and
18
other combatant commands or agencies, as appro-
19
priate.
20
(7) An update on the Integrated CONUS Med-
21
ical Operations Plan and the available bed capacity
22
within the organizations supporting the National
23
Disaster Medical System, to include an update on
24
medical operations in Hawaii and Alaska.
25
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(8) An update on progress in planning for the
1
management of homeland defense priorities during
2
overseas contingency operations.
3
(c) FORM.—Each briefing under subsection (a) shall
4
be provided in classified form, but may include an unclas-
5
sified summary as appropriate.
6
(d) DURATION.—The requirement to provide quar-
7
terly briefings under this section shall terminate five years
8
after the date of the enactment of this Act.
9
SEC. 1065. INDEPENDENCE OF STARS AND STRIPES.
10
(a) EDITORIAL INDEPENDENCE REQUIREMENT.—
11
(1) IN
GENERAL.—The Secretary of Defense
12
shall ensure that—
13
(A) editorial policies and practices of the
14
Stars and Stripes are in accordance with jour-
15
nalistic standards governing United States news
16
media of the highest quality, with emphasis on
17
matters of interest to the Stars and Stripes
18
readership;
19
(B) Stars and Stripes’ editorial operations
20
are independent of the military chain of com-
21
mand, military public affairs activities, or other
22
external influences, and without censorship or
23
propaganda;
24
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(C) the Stars and Stripes Publisher re-
1
mains a civilian government employee with
2
independent professional news media experi-
3
ence, who manages and controls the day-to-day
4
business and financial, operational, and admin-
5
istrative activities, and provides editorial over-
6
sight of Stars and Stripes;
7
(D) Stars and Stripes’ reporters with ac-
8
cess to Department of Defense installations are
9
authorized to cover events or activities open to
10
those with installation access even though com-
11
mercial news media may not have the same
12
unescorted access;
13
(E) Stars and Stripes is a digital-first
14
news organization but is also published in a
15
print newspaper edition at a frequency and dis-
16
tribution determined by the Publisher to best
17
serve its readership; and
18
(F) except as provided in paragraph (3),
19
the Stars and Stripes provides a free flow of
20
news and information to its readership without
21
news management or censorship from the Sec-
22
retary of Defense or the Department of De-
23
fense.
24
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(2) PROHIBITION ON WITHHOLDING OF UNFA-
1
VORABLE NEWS.—The calculated withholding from
2
publication in Stars and Stripes of news unfavorable
3
to the Department of Defense, the military services,
4
or the United States Government is prohibited.
5
(3) EXCEPTIONS.—
6
(A) IN
GENERAL.—Notwithstanding the
7
requirement under paragraph (1), Stars and
8
Stripes shall not publish original staff-produced
9
news stories based upon classified information
10
or publish information that clearly endangers
11
the lives of United States personnel or would
12
adversely affect national security.
13
(B) LIMITATION.—The exceptions under
14
subparagraph (A) may not be construed to per-
15
mit the calculated withholding of news unfavor-
16
able to the Department of Defense, the military
17
services, or the United States Government. Any
18
security risk information shall not be withheld
19
without concurrence from both the Stars and
20
Stripes publisher and the relevant combatant
21
commander.
22
(4) STARS AND STRIPES PERSONNEL.—The ex-
23
clusion of civilian candidates for consideration for
24
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officer, journalist, or other Stars and Stripes staff
1
positions is prohibited.
2
(b) STARS AND STRIPES OMBUDSMAN.—The Stars
3
and Stripes Ombudsman is a highly qualified independent
4
news media professional hired from outside of the DoD
5
to serve a three-year term. The Stars and Stripes Om-
6
budsman independently advises the Stripes Publisher and
7
senior editorial leaders, DoD leadership and congressional
8
oversight authorities on matters relating to audience inter-
9
ests, journalistic practices, editorial interference, news
10
management, or censorship.
11
SEC. 1066. IDENTIFICATION, ASSESSMENT, AND MITIGA-
12
TION OF CRITICAL DEFENSE SITES.
13
(a) DESIGNATION OF RESPONSIBLE OFFICE.—Not
14
later than 90 days after the date of the enactment of this
15
Act, the Secretary of Defense shall—
16
(1) designate an existing or new office or offi-
17
cial within the Department of Defense to serve as
18
the
lead
for
the
identification,
assessment,
19
prioritization, and mitigation of risks to critical de-
20
fense sites, including privately owned or commer-
21
cially operated, in the defense industrial base, in-
22
cluding physical and airspace protection against un-
23
manned aircraft systems incursions and other
24
emerging threats; and
25
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(2) notify the congressional defense committees
1
of the office or official designated under paragraph
2
(1) and the specific authorities and resources as-
3
signed to it.
4
(b) COMPREHENSIVE LIST AND RISK RANKING.—
5
Not later than 180 days after the designation made under
6
subsection (a), the designated office or official shall, in
7
consultation with the Secretaries of the military services,
8
the heads of relevant defense agencies, and appropriate
9
private sector representatives—
10
(1) compile and maintain a classified list of the
11
critical defense sites in the defense industrial base,
12
including privately owned or commercially operated
13
sites; and
14
(2) rank such sites by the potential devastating
15
effect on national security if disrupted or com-
16
promised, taking into account—
17
(A) the criticality of the capability to cur-
18
rent and future military operations;
19
(B) the absence or limited availability of
20
alternative sources;
21
(C) the vulnerability to physical threats,
22
including unmanned aircraft systems incur-
23
sions, sabotage, or natural disasters; and
24
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(D) any other factors the Secretary deter-
1
mines appropriate.
2
(c) REPORT REQUIRED.—Not later than one year
3
after the date of the enactment of this Act, the Secretary
4
of Defense shall submit to the congressional defense com-
5
mittees a report that includes the following elements:
6
(1) The list of critical defense sites and
7
prioritization of those sites compiled under sub-
8
section (b).
9
(2) A formal, unclassified definition of the term
10
‘‘single point of failure,’’ as a subset of the critical
11
defense sites identified in subsection (b), which shall
12
be used to refer to facilities, sites, production lines,
13
suppliers, or capabilities, whether privately owned or
14
commercially operated, that, if disrupted, would halt
15
or cause undue harm to United States military pro-
16
duction, sustainment, or operational readiness due to
17
the lack of viable near-term substitute sources.
18
(3) A detailed assessment of current protection
19
levels at each identified critical defense site, includ-
20
ing any gaps in physical security, airspace protec-
21
tion, or counter-unmanned aircraft systems capabili-
22
ties.
23
(4) A description of the risks to national secu-
24
rity of failing to protect such sites, including poten-
25
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tial impacts on military readiness, supply chain resil-
1
ience, and strategic deterrence.
2
(5) A path forward that includes—
3
(A) options for the Department of Defense
4
to assume or share responsibility with industry
5
for protecting these sites;
6
(B) estimated costs and recommended
7
funding mechanisms;
8
(C) proposed legislative or regulatory
9
changes necessary to close the identified gaps;
10
and
11
(D) a timeline and milestones for imple-
12
mentation of mitigation measures for the high-
13
est-ranked single points of failure.
14
(6) Any other recommendations the Secretary
15
considers appropriate.
16
(d) ANNUAL UPDATES.—The Secretary of Defense
17
shall provide annual updates to the report required under
18
subsection (c) for each of the five years following the ini-
19
tial report, including any changes to the definition, list,
20
or ranking and progress on the path forward.
21
SEC. 1067. ADMINISTRATIVE SUPPORT FOR COMMISSIONS.
22
(a)
AFGHANISTAN
WAR
COMMISSION.—Section
23
1094(f) of the Afghanistan War Commission Act of 2021
24
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(Public Law 117–81; 135 Stat. 1942) is amended by add-
1
ing at the end the following new paragraph:
2
‘‘(7) ADMINISTRATIVE
SUPPORT.—The Com-
3
mittee on Rules and Administration of the Senate is
4
authorized to approve the use of Senate resources,
5
including IT, to support the Commission in carrying
6
out its official duties.’’.
7
(b) NATIONAL SECURITY COMMISSION ON EMERGING
8
BIO-TECHNOLOGY.—Section 1091(h) of the National De-
9
fense Authorization Act for Fiscal Year 2022 (Public Law
10
117–81; 135 Stat. 1929) is amended by adding at the end
11
the following new paragraph:
12
‘‘(7) ADMINISTRATIVE
SUPPORT.—The Com-
13
mittee on Rules and Administration of the Senate is
14
authorized to approve the use of Senate resources,
15
including IT, to support the Commission in carrying
16
out its official duties.’’.
17
(c) COMMISSION
ON
PLANNING, PROGRAMMING,
18
BUDGETING AND EXECUTION REFORM.—Section 1004(h)
19
of the National Defense Authorization Act for Fiscal Year
20
2022 (Public Law 117–81; 135 Stat. 1884) is amended
21
by adding at the end the following new paragraph:
22
‘‘(5) ADMINISTRATIVE
SUPPORT.—The Com-
23
mittee on Rules and Administration of the Senate is
24
authorized to approve the use of Senate resources,
25
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including IT, to support the Commission in carrying
1
out its official duties.’’.
2
(d) COMMISSION
ON
THE
NATIONAL
DEFENSE
3
STRATEGY OF 2022.—Section 1095(h) of the National
4
Defense Authorization Act for Fiscal Year 2022 (Public
5
Law 117–81; 135 Stat. 1943) is amended by adding at
6
the end the following new paragraph:
7
‘‘(6) ADMINISTRATIVE SUPPORT.—The use of
8
any Senate resources, including IT, by the Commis-
9
sion in carrying out its official duties is hereby ap-
10
proved.’’.
11
(e) CONGRESSIONAL COMMISSION
ON
THE STRA-
12
TEGIC
POSTURE
OF
THE
UNITED
STATES.—Section
13
1687(f) of the National Defense Authorization Act for
14
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2126)
15
is amended to read as follows:
16
‘‘(f) GOVERNMENT COOPERATION.—
17
‘‘(1) ASSISTANCE FROM FEDERAL AGENCIES.—
18
In addition to information, suggestions, estimates,
19
and statistics provided under subsection (e), depart-
20
ments and agencies of the United States may pro-
21
vide to the Commission such services, funds, facili-
22
ties, staff, and other support services as those de-
23
partments and agencies may determine advisable
24
and as may be authorized by law.
25
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‘‘(2) ADMINISTRATIVE
SUPPORT.—The Com-
1
mittee on Rules and Administration of the Senate is
2
authorized to approve the use of Senate resources,
3
including IT, to support the Commission in carrying
4
out its official duties.’’.
5
(f) NATIONAL COMMISSION ON THE FUTURE OF THE
6
NAVY.—Section 1092(a) of the James M. Inhofe National
7
Defense Authorization Act for Fiscal Year 2023 (Public
8
Law 117–263; 136 Stat. 2807) is amended by adding at
9
the end the following new paragraph:
10
‘‘(5) ADMINISTRATIVE
SUPPORT.—The Com-
11
mittee on Rules and Administration of the Senate is
12
authorized to approve the use of Senate resources,
13
including IT, to support the Commission in carrying
14
out its official duties.’’.
15
(g) COMMISSION
ON
THE
NATIONAL
DEFENSE
16
STRATEGY OF 2026.—Section 1095(d) of the National
17
Defense Authorization Act for Fiscal Year 2026 (Public
18
Law 119–60;) is amended by adding at the end the fol-
19
lowing new paragraph:
20
‘‘(5) ADMINISTRATIVE
SUPPORT.—The Com-
21
mittee on Rules and Administration of the Senate is
22
authorized to approve the use of Senate resources,
23
including IT, to support the Commission in carrying
24
out its official duties.’’.
25
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SEC. 1068. REQUIREMENT TO ASSIGN CONVENTIONAL
1
NAMES TO CRITICAL MUNITIONS.
2
(a) RESPONSIBILITY.—Not later than 60 days after
3
the date of the enactment of this Act, the Chief of Staff
4
of the Army, the Chief of Naval Operations, the Chief of
5
Staff of the Air Force, the Commandant of the Marine
6
Corps, and the Chief of Space Operations shall each—
7
(1) identify critical munitions under primary
8
management responsibility of the respective military
9
service;
10
(2) in place of any designation consisting solely
11
of an acronym or alphanumeric code, assign to each
12
such munition—
13
(A) a conventional name in the English
14
language that is memorable and suitable for
15
clear operational communication and training;
16
and
17
(B) not limited in understanding to spe-
18
cialized personnel of the Armed Forces; and
19
(3) implement the use of the assigned name in
20
all official documentation, public communications,
21
and relevant material of the Department of Defense
22
related to that munition.
23
(b) COORDINATION.—
24
(1) IN
GENERAL.—The officials specified in
25
subsection (a) shall coordinate with the Chairman of
26
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the Joint Chiefs of Staff, the Under Secretary of
1
Defense for Acquisition and Sustainment, and the
2
Director of the Missile Defense Agency to ensure
3
that names assigned under subsection (a) are con-
4
sistent across joint programs and do not conflict
5
with existing nomenclature for allied or foreign sys-
6
tems.
7
(2) RESOLUTION
OF
DISPUTE.—In cases in
8
which primary management under paragraph (1)
9
with respect to a particular munition is unclear, the
10
Deputy Secretary of Defense shall resolve any dis-
11
putes regarding primary management responsibility.
12
(c) IMPLEMENTATION DEADLINE.—Not later than
13
one year after the date of the enactment of this Act, each
14
official specified in subsection (a) shall complete full im-
15
plementation of the names assigned under such sub-
16
section, including any necessary updates to logistics sys-
17
tems, labeling, and training curricula.
18
(d) REPORT TO CONGRESS.—Not later than 180 days
19
after the date of the enactment of this Act, and annually
20
thereafter for two years, each official specified in sub-
21
section (a) shall submit to the congressional defense com-
22
mittees a report containing—
23
(1) a list of all munitions reviewed and the con-
24
ventional name assigned to each;
25
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(2) a brief rationale for each name selected;
1
(3) an assessment of any costs associated with
2
implementation; and
3
(4) a description of the process used to incor-
4
porate operational feedback from end users in the
5
naming decisions.
6
(e) CRITICAL MUNITIONS DEFINED.—In this section,
7
the term ‘‘critical munitions’’ includes munitions des-
8
ignated on the critical munitions list of the Chairman of
9
the Joint Chiefs of Staff.
10
SEC. 1069. TECHNICAL CORRECTIONS TO NATIONAL DE-
11
FENSE AUTHORIZATION ACT FOR FISCAL
12
YEAR 2026.
13
(a) QUALIFICATIONS FOR JUDGE ADVOCATES.—Sub-
14
section (a)(1)(B) of section 806 of title 10, United States
15
Code (article 6 of the Uniform Code of Military Justice),
16
as added by section 561(a) of the National Defense Au-
17
thorization Act for Fiscal Year 2026 (Public Law 119–
18
60; 139 Stat. 881), is amended to read as follows:
19
‘‘(B) maintains a license status in good stand-
20
ing that provides eligibility to practice law;’’.
21
(b) AUTHORITY TO PROVIDE SEXUAL ASSAULT MED-
22
ICAL FORENSIC EXAMINATIONS ON A NONREIMBURSABLE
23
BASIS
TO CERTAIN OTHERWISE INELIGIBLE INDIVID-
24
UALS.—Section 702(a)(2) of the National Defense Au-
25
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thorization Act for Fiscal Year 2026 (Public Law 119–
1
60; 10 U.S.C. 1561 note) is amended by striking ‘‘Defense
2
Criminal Investigative Organization’’ and inserting ‘‘mili-
3
tary criminal investigative organization’’.
4
(c) PERSONNEL MANAGEMENT.—Section 1115(a) of
5
the National Defense Authorization Act for Fiscal Year
6
2026 (Public Law 119–60; 10 U.S.C. 1580 note prec.)
7
is amended—
8
(1) in paragraph (2)—
9
(A) by inserting ‘‘, except those assigned to
10
the United States Marine Corps,’’ after ‘‘De-
11
partment of the Navy’’; and
12
(B) by striking ‘‘; and’’ and inserting a
13
semicolon;
14
(2) by redesignating paragraph (3) as para-
15
graph (4); and
16
(3) by inserting after paragraph (2) the fol-
17
lowing new paragraph:
18
‘‘(3) with respect to civilian employees of the
19
Department of the Navy assigned to the United
20
States Marine Corps, the Deputy Commandant of
21
the Marine Corps with principal responsibility for
22
manpower and personnel whose responsibilities arise
23
under section 8045 of such title; and’’.
24
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SEC. 1070. DEVELOPMENT OF COGNITIVE WARFARE STRAT-
1
EGY.
2
(a) STRATEGY REQUIRED.—Not later than 180 days
3
after the date of the enactment of this Act, the Secretary
4
of Defense shall develop and submit to the congressional
5
defense committees a comprehensive strategy for cognitive
6
warfare for the Department of Defense.
7
(b) ELEMENTS.—The strategy required by subsection
8
(a) shall include, at a minimum, the following elements:
9
(1) A Department-wide definition of cognitive
10
warfare.
11
(2) An assessment of the cognitive warfare
12
threat landscape, including the cognitive warfare
13
threat posed by China, Russia, Iran, and other ad-
14
versaries, as appropriate, as well as their capabili-
15
ties, tactics and techniques, and strategic objectives.
16
(3) An assessment of the cognitive warfare ca-
17
pabilities and objectives of key partners and allies of
18
the United States, including the North Atlantic
19
Treaty Organization.
20
(4) A plan for integrating cognitive warfare into
21
Department of Defense joint planning, operations,
22
and exercises.
23
(5) Designation of a Department of Defense en-
24
tity with responsibility to develop, and continually
25
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refine, capabilities and associated policies for the ef-
1
fective conduct of cognitive warfare.
2
(6) A framework for coordinating cognitive war-
3
fare activities with other elements of the United
4
States Government.
5
(7) Establishment of lines of effort, objectives,
6
and tasks that are necessary to implement such
7
strategy.
8
(8) Any other matters deemed relevant by the
9
Secretary.
10
SEC. 1071. NOTIFICATION REQUIREMENTS FOR SENSITIVE
11
MILITARY OPERATIONS.
12
Section 130f of title 10, United States Code, is
13
amended—
14
(1) in subsection (a)
15
(A) by inserting ‘‘(1)’’ before ‘‘The Sec-
16
retary’’;
17
(B) by striking ‘‘no later than 48 hours
18
following such operation’’; and
19
(C) by adding at the end the following new
20
paragraphs:
21
‘‘(2) Not later than 48 hours following a sensitive
22
military operation, the Secretary shall submit a written
23
notification that includes, with respect to such operation,
24
the following information:
25
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‘‘(A) The date and time of the operation.
1
‘‘(B) The legal authority under which the oper-
2
ation was executed.
3
‘‘(C) The name and date of the execute order
4
under which the operation was conducted.
5
‘‘(D) An identification of the target engagement
6
authority.
7
‘‘(E) The specific location of the operation.
8
‘‘(F) The target or objective of the operation.
9
‘‘(G) The pre-strike assessment with regard to
10
the presence of targeted individuals, civilians, or
11
uncharacterized individuals.
12
‘‘(H) A battle damage assessment.
13
‘‘(I) Any indication or assessment of civilian
14
casualties or other civilian harm.
15
‘‘(J) Any other matters deemed relevant by the
16
Secretary.
17
‘‘(3) Not later than 7 days following a sensitive mili-
18
tary operation, the Secretary shall submit a written notifi-
19
cation that includes, with respect to such operation, the
20
following information:
21
‘‘(A) Updates to the elements required under
22
paragraph (1).
23
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‘‘(B) The strike criteria used by the target en-
1
gagement authority and a description of how such
2
criteria were satisfied.
3
‘‘(C) The rules of engagement for such oper-
4
ation.
5
‘‘(D) The operational chain of command for the
6
operation.
7
‘‘(E) A detailed description of the intelligence
8
underpinning the operation, including the capabili-
9
ties and disciplines used such as human, signals, and
10
geospatial.
11
‘‘(F) The number and type of platforms and
12
munitions used.
13
‘‘(G) A description of each engagement, includ-
14
ing the timing of such engagement.
15
‘‘(H) A description of the target or objective of
16
the operation, including whether any targeted indi-
17
viduals were armed.
18
‘‘(I) The status of any civilian harm allegations
19
and investigations.
20
‘‘(J) For capture operations, the detention plan
21
and plan for ultimate disposition of those captured.
22
‘‘(K) Any other matters deemed relevant by the
23
Secretary.’’; and
24
(2) in subsection (d)—
25
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(A) by amending paragraph (1) to read as
1
follows:
2
‘‘(1) a lethal, capture, or kinetic operation con-
3
ducted by the armed forces;’’;
4
(B) in paragraph (2), by striking ‘‘; or’’
5
and inserting a semicolon;
6
(C) in paragraph (3), by striking the pe-
7
riod at the end and inserting ‘‘; or’’; and
8
(D) by adding at the end the following new
9
paragraph:
10
‘‘(4) a lethal, capture, or kinetic operation con-
11
ducted by a foreign partner advised, assisted, or ac-
12
companied by the armed forces.’’.
13
SEC. 1071A. DECLASSIFICATION GUIDANCE FOR DEPART-
14
MENT OF DEFENSE ORIGINAL CLASSIFICA-
15
TION AUTHORITIES.
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 issue written guidance for the ad hoc declassification
19
of Department of Defense information by Department of
20
Defense original classification authorities.
21
(b) APPLICABILITY.—The guidance required by sub-
22
section (a) shall be applicable to the Secretary of Defense
23
and any other Department of Defense official designated
24
as an original classification authority.
25
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(c) REQUIREMENTS.—At a minimum, the guidance
1
required by subsection (a) shall require that—
2
(1) not later than 24 hours after an ad hoc de-
3
cision by an original classification authority to de-
4
classify Department of Defense information, the
5
original classification authority shall document their
6
decision and the justification for such decision in
7
writing;
8
(2) not later than 48 hours after an ad hoc de-
9
cision by the original classification authority to de-
10
classify Department of Defense information, the
11
written documentation and justification required by
12
paragraph (1) shall be provided to—
13
(A) relevant officials of the Department of
14
Defense and other departments and agencies of
15
the United States Government, as appropriate;
16
and
17
(B) the congressional defense committees;
18
and
19
(3) the original classification authority shall
20
document the justification.
21
(d) NOTIFICATION.—Not later than 48 hours after
22
issuing the written guidance required by subsection (a) or
23
making any change to the written guidance required by
24
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subsection (a), the Secretary of Defense shall submit such
1
guidance to the congressional defense committees.
2
(e) DEFINITIONS.—In this section:
3
(1) AD HOC DECLASSIFICATION.—The term ‘‘ad
4
hoc declassification’’ means the declassification of
5
Department of Defense information outside the de-
6
liberate automatic or systematic declassification
7
processes outlined in Executive Order 13526 ‘‘Clas-
8
sified National Security Information’’ issued on De-
9
cember 29, 2009, or a successor executive order.
10
(2) ORIGINAL
CLASSIFICATION
AUTHORITY.—
11
The term ‘‘original classification authority’’ means a
12
Department of Defense official appropriately author-
13
ized to classify information in the first instance or
14
to declassify such information.
15
SEC. 1072. POST-GOVERNMENT EMPLOYMENT RESTRIC-
16
TIONS APPLICABLE TO CERTAIN SENIOR
17
MILITARY OFFICERS AND SENIOR CIVILIAN
18
EMPLOYEES OF THE DEPARTMENT OF DE-
19
FENSE.
20
(a) IN GENERAL.—Section 1045 of the National De-
21
fense Authorization Act for Fiscal Year 2018 (Public Law
22
115–91; 10 U.S.C. 971 note prec.) is amended to read
23
as follows:
24
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‘‘SEC. 1045. TWO-YEAR POST-GOVERNMENT EMPLOYMENT
1
RESTRICTIONS ON CERTAIN SENIOR MILI-
2
TARY OFFICERS AND SENIOR DEPARTMENT
3
OF DEFENSE CIVILIAN PERSONNEL.
4
‘‘(a) RESTRICTION.—In addition to the restrictions
5
set forth in section 207 of title 18, United States Code,
6
an individual who is an officer or employee described in
7
subsection (b) may not, within two years after the termi-
8
nation of the individual’s service or employment as such
9
officer or employee, knowingly make, with the intent to
10
influence, any communication to or appearance before any
11
officer or employee of the department or agency in which
12
such individual served within one year before such termi-
13
nation, on behalf of any other person (except the United
14
States), in connection with any matter on which such indi-
15
vidual seeks official action by any officer or employee of
16
such department or agency.
17
‘‘(b) COVERED INDIVIDUALS.—Subsection (a) shall
18
apply to any individual—
19
‘‘(1) employed as an active duty commissioned
20
officer of the Armed Forces serving in a grade or
21
rank for which the pay grade (as specified in section
22
201 of title 37, United States Code) is O–9 or high-
23
er; or
24
‘‘(2) employed as a civilian officer or employee
25
of the Department of Defense in a civilian grade
26
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equivalent to a military grade specified in paragraph
1
(1).
2
‘‘(c) APPLICABILITY
OF CERTAIN PROVISIONS
OF
3
SECTION 207 OF TITLE 18, UNITED STATES CODE.—The
4
provisions of subsections (h), (j), and (k) of section 207
5
of title 18, United States Code, shall apply to the restric-
6
tion contained in subsection (a) of this section in the same
7
manner as to the restrictions contained in subsection (c)
8
of such section 207.’’.
9
(b) EFFECTIVE DATE.—The amendment made by
10
subsection (a) shall take effect on the date of the enact-
11
ment of this Act and shall apply to activities taking place
12
on or after such date, without regard to the termination
13
date of an individual’s service or employment as such an
14
officer or employee.
15
SEC. 1073. REPEALS OF EXISTING REPORTING REQUIRE-
16
MENTS.
17
(a) TITLE 10, UNITED STATES CODE.—The fol-
18
lowing provisions of title 10, United States Code, are here-
19
by repealed:
20
(1) Subsection (c) of section 493a.
21
(2) Section 6135.
22
(3) Section 8227.
23
(4) Subsection (d) of section 8932.
24
(5) Subsection (e) of section 9516.
25
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(b) NATIONAL DEFENSE AUTHORIZATION ACTS.—
1
The following provisions are hereby repealed:
2
(1) Section 909 of the Servicemember Quality
3
of Life Improvement and National Defense Author-
4
ization Act for Fiscal Year 2025 (Public Law 118–
5
159; 138 Stat. 2033).
6
(2) Of the National Defense Authorization Act
7
for Fiscal Year 2024 (Public Law 118–31)—
8
(A) section 112 (10 U.S.C. 7013 note);
9
(B) subsection (c) of section 224 (137
10
Stat. 194);
11
(C) paragraph (2) of section 253 (137
12
Stat. 212);
13
(D) section 535 (137 Stat. 262);
14
(E) section 565 (137 Stat. 275);
15
(F) paragraphs (1) and (2) of section
16
1247(e) (137 Stat. 463);
17
(G) paragraph (2) of section 1535(c) (10
18
U.S.C. 167b note); and
19
(H) subsection (a) of section 1685 (137
20
Stat. 620).
21
(3) Of the James M. Inhofe National Defense
22
Authorization Act for Fiscal Year 2023 (Public Law
23
117–263)—
24
(A) section 218 (136 Stat. 2476);
25
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(B) subsection (g) of section 389 (10
1
U.S.C. 7013 note);
2
(C) section 862 (10 U.S.C. 4811 note);
3
(D) section 1513 (10 U.S.C. 4001 note);
4
(E) subsection (b) of section 1657 (136
5
Stat. 2951); and
6
(F) section 1664 (136 Stat. 2958).
7
(4) Of the National Defense Authorization Act
8
for Fiscal Year 2022 (Public Law 117–81)—
9
(A) section 147 (135 Stat. 1584);
10
(B) subsection (c) of section 228 (10
11
U.S.C. 2001 note prec.);
12
(C) section 377 (10 U.S.C. 2001 note
13
prec.);
14
(D) section 1036 (135 Stat. 1901);
15
(E) subsection (c) of section 1504 (135
16
Stat. 2022); and
17
(F) section 1602(b)(4) (10 U.S.C. 9082
18
note).
19
(5) Of the William M. (Mac) Thornberry Na-
20
tional Defense Authorization Act for Fiscal Yea
21
2021 (Public Law 116–283)—
22
(A) section 121 (134 Stat. 3424);
23
(B) subsection (d) of section 364 (6 U.S.C.
24
106(d));
25
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(C) section 539C (134 Stat. 3609);
1
(D) paragraph (1) of section 574(a) (10
2
U.S.C. 8431 note prec.);
3
(E) section 1299I (134 Stat. 4001);
4
(F) section 1521(c)(5) (134 Stat. 4035);
5
(G) subsection (d) of section 1634 (134
6
Stat. 4059);
7
(H) section 1673 (134 Stat. 4078);
8
(I) subsection (d) of section 1723 (10
9
U.S.C. 394 note);
10
(J) subsection (b) of section 1727 (10
11
U.S.C. 2224 note); and
12
(K) section 1746 (134 Stat. 4139).
13
(6) Of the National Defense Authorization Act
14
for Fiscal Year 2020 (Public Law 116–92)—
15
(A) subsection (e) of section 550B (10
16
U.S.C. 1561 note);
17
(B) section 597 (133 Stat. 1418);
18
(C) subsection (d) of section 1674 (133
19
Stat. 1778);
20
(D) section 1675 (133 Stat. 1778); and
21
(E) section 1722 (133 Stat. 1810).
22
(7) Of the John S. McCain National Defense
23
Authorization Act for Fiscal Year 2019 (Public Law
24
115–232)—
25
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(A) subsection (b) of section 127 (132
1
Stat. 1664);
2
(B) section 1018 (10 U.S.C. 221 note);
3
(C) subsection (d) of section 1082 (132
4
Stat. 1988);
5
(D) section 1276 (132 Stat. 2070); and
6
(E) section 1657 (132 Stat. 2151).
7
(8) Section 1267 of the National Defense Au-
8
thorization Act for Fiscal Year 2018 (Public Law
9
115–91; 132 Stat. 2070).
10
(9) Of the National Defense Authorization Act
11
for Fiscal Year 2017 (Public Law 114–328)—
12
(A) section 123 (130 Stat. 2030); and
13
(B) section 912 (130 Stat. 2349).
14
(10) Section 1656 of the National Defense Au-
15
thorization Act for Fiscal Year 2016 (Public Law
16
114–92).
17
SEC. 1074. REPORT AND BRIEFING ON WORLDWIDE EXPEDI-
18
TIONARY MULTIPLE AWARD CONTRACT TER-
19
RITORIAL
INTEGRITY
OF
THE
UNITED
20
STATES CONTRACT.
21
(a) IN GENERAL.—Not later than 60 days after the
22
date of the enactment of this Act, the Secretary of Defense
23
shall submit a report and provide a briefing to the Com-
24
mittees on Armed Services of the Senate and the House
25
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of Representatives on the Worldwide Expeditionary Mul-
1
tiple Award Contract Territorial Integrity of the United
2
States contract (commonly referred to as the ‘‘WEXMAC–
3
TITUS contract’’).
4
(b) ELEMENTS.—The report required under sub-
5
section (a) shall include—
6
(1) a description of regulations prescribed by
7
the Secretary that govern the provision of humani-
8
tarian assistance and logistics support by the De-
9
partment of Defense for purposes of the detention of
10
migrants;
11
(2) a description of the procedures used to
12
award contracts for the construction and operation
13
of migrant detention facilities at military installa-
14
tions in the United States;
15
(3) a list of contracts awarded for the construc-
16
tion and operation of migrant detention facilities at
17
military installations in the United States, including
18
a breakdown of how funding will be allocated at each
19
such facility; and
20
(4) a summary of any feedback, if applicable,
21
that the Department of Defense has received from
22
local communities on the impact the construction
23
and operation of migrant detention facilities has had
24
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on local resources, including sewage systems and
1
water resources.
2
SEC. 1075. DOCUMENTATION OF VERBAL APPROVAL OF RE-
3
QUESTS FOR ASSISTANCE.
4
Section 1707 of the National Defense Authorization
5
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
6
113 note) is amended—
7
(1) in subsection (a), by striking ‘‘approves a
8
Request for Assistance from the Department of
9
Homeland Security or the Department of Health
10
and Human Services’’ and inserting ‘‘approves a
11
written Request for Assistance from another Federal
12
agency’’;
13
(2) in subsection (b)—
14
(A) by striking ‘‘submits to the Secretary
15
of Homeland Security or the Secretary of
16
Health and Human Services’’ and inserting
17
‘‘submits to the requesting Federal agency’’;
18
and
19
(B) by striking ‘‘from the Department of
20
Homeland Security or the Department of
21
Health and Human Services, as applicable,’’;
22
and
23
(3) by adding at the end the following new sub-
24
sections:
25
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‘‘(d) REQUIREMENT
FOR
DOCUMENTATION
OF
1
OTHER THAN WRITTEN REQUESTS.—
2
‘‘(1) IN GENERAL.—If the Secretary of Defense
3
approves a Request for Assistance submitted by a
4
Federal agency in other than written form, the Sec-
5
retary of Defense shall, not later than 7 days fol-
6
lowing the approval of the Request for Assistance,
7
ensure that such approval is documented in writing
8
and electronically transmitted to the Committees on
9
Armed Services in the Senate and House of Rep-
10
resentatives.
11
‘‘(2) ELEMENTS.—The written documentation
12
required under paragraph (1) shall include, at a
13
minimum—
14
‘‘(A) the requesting department or agency;
15
‘‘(B) the date on which the request was re-
16
ceived;
17
‘‘(C) the date on which the request was
18
verbally approved;
19
‘‘(D) the Department of Defense official
20
who provided the verbal approval;
21
‘‘(E) a description of the assistance to be
22
provided;
23
‘‘(F) the legal authority under which the
24
assistance is provided;
25
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‘‘(G) the estimated duration of the assist-
1
ance; and
2
‘‘(H) any anticipated reimbursement or
3
cost-sharing arrangement associated with the
4
assistance.
5
‘‘(e) REQUIREMENT FOR APPROVAL.—The Secretary
6
of Defense shall electronically transmit to the Committees
7
on Armed Services of the Senate and the House of Rep-
8
resentatives within 7 days of providing support under sec-
9
tion 272, 273, or 274 of title 10, United States Code, a
10
notification that includes—
11
‘‘(1) the agency to which the support was pro-
12
vided;
13
‘‘(2) the authority under which support was
14
provided;
15
‘‘(3) the source and amount of funds provided
16
for such purpose or project;
17
‘‘(4) a description of the arrangements, if any,
18
for the sustainment of such purpose or project and
19
the source of funds to support sustainment of the
20
capabilities and performance outcomes achieved
21
using the support, if applicable; and
22
‘‘(5) a description of objectives for such purpose
23
or project and the projected timeline.
24
‘‘(f) DEFINITIONS.—In this section:
25
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‘‘(1) FEDERAL
AGENCY.—The term ‘Federal
1
agency’ means any department, independent estab-
2
lishment, commission, authority, board bureau, of-
3
fice, administrative unit, or other entity of the Fed-
4
eral Government.
5
‘‘(2) REQUEST
FOR
ASSISTANCE.—The term
6
‘Request for Assistance’ means any written, oral,
7
visual, non-verbal, or other communication based on
8
mission requirements and expressed in terms of de-
9
sired outcome, formally asking the Department of
10
Defense to provide assistance to a local, State, trib-
11
al, or other Federal agency.’’.
12
SEC. 1076. INCREASE OF THE WORKING CAPITAL FUND,
13
CAPITAL INVESTMENT PROGRAM THRESH-
14
OLD.
15
Section 2208(k)(2) of title 10, United States Code,
16
is amended by striking ‘‘$500,000 for procurements by a
17
major range and test facility installation or a science and
18
technology reinvention laboratory and not less than
19
$250,000 for procurements at all other facilities’’ and in-
20
serting ‘‘$500,000 for procurements by a major range and
21
test facility installation, a science and technology reinven-
22
tion laboratory, or any other facility’’.
23
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SEC. 1077. NATIONAL GUARD RURAL REVIVAL AND MOD-
1
ERNIZATION PLAN.
2
(a) STRATEGY
AND IMPLEMENTATION PLAN RE-
3
QUIRED.—Not later than 90 days after the date of the
4
enactment of this Act, the Secretary of the Army, in co-
5
ordination with the Chief of the National Guard Bureau,
6
shall develop a comprehensive strategy and roadmap to op-
7
timize Army National Guard readiness, force posture, and
8
infrastructure in remote or isolated areas to include the
9
Arctic. The strategy shall take into consideration the pos-
10
ture and plans of the United States Northern Command
11
as well as Golden Dome for America in the assessment
12
and development of the strategy, to ensure infrastructure
13
investments meet homeland defense requirements and
14
maximize operational effectiveness. The strategy shall be
15
known as the ‘‘Army National Guard Rural Revival and
16
Modernization Plan’’ (referred to in this section as the
17
‘‘Plan’’).
18
(b) ELEMENTS OF THE PLAN.—The Plan required
19
under subsection (a) shall include, at a minimum, the fol-
20
lowing:
21
(1) INFRASTRUCTURE REVIEW.—A comprehen-
22
sive audit and assessment of all National Guard ar-
23
mories, readiness centers, training support centers,
24
and ranges within remote or isolated areas. The
25
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audit should include an assessment of necessary fa-
1
cilities improvements and include a plan for—
2
(A) joint-force and extreme-cold-weather
3
tactical training, including integrated survival,
4
mobility, logistics, and combat operations spe-
5
cific to degraded and contested Arctic environ-
6
ments;
7
(B) forward-operating logistical hubs, cold-
8
weather equipment staging, and intra-theater
9
supply-chain distribution points;
10
(C) emergency management, disaster re-
11
sponse, and homeland defense staging zones;
12
and
13
(D) communications nodes and remote
14
command-and-control capabilities.
15
(2) END-STRENGTH AND BILLET OPTIMIZATION
16
STRATEGY.—A feasible plan to address and fill criti-
17
cally vacant, unassigned, or under-strength National
18
Guard billets within the designated regions to meet
19
increasing operational tempo (OPTEMPO). The op-
20
timization plan shall include—
21
(A) an analysis of recruitment and reten-
22
tion barriers unique to rural, isolated, or high-
23
cost geographic areas;
24
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(B) a targeted marketing, recruitment, and
1
localized incentives framework, including spe-
2
cialized remote duty allowances, signing bo-
3
nuses, and educational stipends, designed to
4
source personnel directly from local and rural
5
communities; and
6
(C) a potential rotational assignment
7
framework to temporarily bridge immediate
8
operational readiness gaps while permanent per-
9
sonnel pipelines are materialized to include as-
10
sociated funding.
11
(3) DUAL-USE CENTER MODERNIZATION BLUE-
12
PRINT.—A comprehensive capitalization and mod-
13
ernization plan for existing multi-mission, dual-use
14
facilities. The blueprint shall—
15
(A) identify specific structural and techno-
16
logical upgrades necessary to sustain prolonged,
17
multi-domain operations in austere environ-
18
ments, predicated on a comprehensive cyber-re-
19
silience and vulnerability assessment of the ex-
20
isting operational technology at installations
21
and facilities, with an emphasis on—
22
(i) grid resilience, microgrid integra-
23
tion, and continuous primary power capa-
24
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bilities under extreme environmental deg-
1
radation;
2
(ii) communications modernization, in-
3
cluding secure tactical satellite integration
4
and redundant high-latitude network sys-
5
tems;
6
(iii) hangar, maintenance bay, and
7
cold-storage runway and housing upgrades
8
to handle modern tactical, rotary-wing, and
9
autonomous aerial platforms, and per-
10
sonnel; and
11
(iv) dual-use airfield infrastructure re-
12
utilization and expansion of existing run-
13
ways to accommodate modern military and
14
civilian aircraft; and
15
(B) ensure all proposed command and con-
16
trol (C2) and facility infrastructure is engi-
17
neered to operate seamlessly within Denied, De-
18
graded, Intermittent, or Limited environments,
19
incorporating resilient closed and restricted net-
20
work architectures.
21
(c)
COMMINGLING
AND
PRIVATE-SECTOR
22
LEVERAGING PLANNING FRAMEWORK.—In developing the
23
facility expansion and modernization elements of the Plan,
24
the Secretary of the Army shall evaluate and identify op-
25
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portunities to leverage enhanced use lease (EUL) authori-
1
ties or enter into public-private partnerships. The Plan
2
shall—
3
(1) include specific strategies to co-locate dual-
4
use commercial, community, or telecommunications
5
infrastructure within National Guard footprints to
6
lower Federal infrastructure cost premiums and en-
7
hance installation resilience; and
8
(2) establish or clarify statutory data-sharing
9
authorities and indemnification for the rapid ex-
10
change of cyber threat intelligence, risk assessments,
11
and incident response data between the Department
12
of Defense and the co-located commercial entities.
13
(d) DIRECT FUNDING AND MINOR CONSTRUCTION
14
THRESHOLD RECOMMENDATIONS.—The Plan shall in-
15
clude an assessment of funding mechanisms and potential
16
legislative adjustments required to execute the infrastruc-
17
ture developments, conversions, and modifications identi-
18
fied under the Plan, including an evaluation of how the
19
Secretary may utilize funds available for unspecified minor
20
military construction under section 2805 of title 10,
21
United States Code.
22
(e) CONGRESSIONAL BRIEFINGS AND REPORTING.—
23
(1) INITIAL
BRIEFING.—Not later than 180
24
days after the date of the enactment of this Act, the
25
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Secretary of the Army and the Chief of the National
1
Guard Bureau shall provide an interim briefing to
2
the congressional defense committees on the initial
3
findings of the armory audit and the initial per-
4
sonnel recruitment milestones.
5
(2) FINAL
REPORT.—Concurrently with the
6
submission of the President’s budget request for the
7
upcoming fiscal year following the completion of the
8
Plan, the Secretary of the Army shall submit to the
9
congressional defense committees a formal report de-
10
tailing the finalized strategy.
11
SEC. 1078. REDESIGNATION OF THE DEPARTMENT OF DE-
12
FENSE AS THE DEPARTMENT OF WAR.
13
(a) CHANGES TO DEPARTMENTAL AND POSITIONAL
14
TITLES IN POSITIVE LAW TITLES OF UNITED STATES
15
CODE.—Titles 10, 32, and 37, United States Code, are
16
amended, in each case with the matter inserted to be in
17
the same typeface and typestyle as the matter stricken,
18
by—
19
(1) striking ‘‘Department of Defense’’ each
20
place it appears and inserting ‘‘Department of
21
War’’; and
22
(2) striking ‘‘Secretary of Defense’’ each place
23
it appears and inserting ‘‘Secretary of War’’.
24
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(b) CONFORMING CHANGES TO TITLE 10, UNITED
1
STATES CODE.—Title 10, United States Code, is amend-
2
ed, in each case with the matter inserted to be in the same
3
typeface and typestyle as the matter stricken—
4
(1) in sections 143, 2701(a)(4), 7381(c),
5
8226(c), and 9381(c), by striking ‘‘OSD’’ each place
6
it appears and inserting ‘‘Office of the Secretary of
7
War’’;
8
(2) in sections 148(c)(6), 165(c), 194(f),
9
392(e), 430b(d)(2), 1501(b), 1784(g), 2111b(e),
10
2461(b), 2563(a), 2701(f), 2704(c), 2704(d)(3),
11
7543(a), and 7687(a), by striking ‘‘DoD’’ and
12
‘‘DOD’’ each place it appears and inserting ‘‘De-
13
partment of War’’;
14
(3) in section 127e(h), by striking ‘‘ASD’’ and
15
inserting ‘‘Assistant Secretary of War’’;
16
(4) in sections 1175a(j)(5), 4863(b)(3)(C), and
17
4872(d)(3), by striking ‘‘Undersecretary of Defense’’
18
each place it appears and inserting ‘‘Under Sec-
19
retary of War’’;
20
(5) in section 2926(f)(5)(D), by striking ‘‘Sec-
21
retary for Defense’’ and insert ‘‘Secretary of War’’;
22
(6)
in
sections
131(b),
137a,
138,
23
139b(b)(3)(B)(vii), 398a(c), 1142(b)(19), by strik-
24
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ing ‘‘Secretaries of Defense’’ each place it appears
1
and inserting ‘‘Secretaries of War’’;
2
(7) in section 2164b, by striking ‘‘DODEA’’
3
each place it appears and inserting ‘‘Department of
4
War Education Activity’’; and
5
(8) in section 4091, by striking ‘‘Defense Test
6
Resource Management Center’’ each place it appears
7
and inserting ‘‘Department of War Test Resource
8
Management Center’’.
9
(c) EXCEPTIONS FOR DATE SPECIFIC ISSUANCES IN
10
TITLE 10, UNITED STATES CODE.—(1) The amendments
11
in subsections (a)(1) and (b)(2) shall not apply to sections
12
120(d), 1721(c), 2216a(c)(1), 2263(b)(2), 2856a(c)(2),
13
2856b(c),
3138(f)(4),
4505(h)(5),
4506(d)(2)(A),
14
4506(f), 4832(c)(4), and 5502(c)(3)(B) of title 10, United
15
States Code.
16
(2) The amendments in subsection (a)(1) shall not
17
apply to the term ‘‘Department of Defense Interim Guid-
18
ance dated February 29, 2000’’ in section 2475(a) of title
19
10, United States Code.
20
(3) The amendments in subsection (a)(2) shall not
21
apply to sections 499c(a)(1)(D), 500d(c), 2281(d)(2),
22
3138(f)(4), 5502(c)(3)(A), and 5502(c)(3)(B) of title 10,
23
United States Code.
24
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(d) OTHER REFERENCES.—Chapter 1 of title 10,
1
United States Code, is amended by inserting after section
2
102 the following new section:
3
‘‘§ 103. References to the Secretary of Defense and
4
Department of Defense
5
‘‘Any reference to the Secretary of Defense and De-
6
partment of Defense in any law, regulation, map, docu-
7
ment, record, or other paper of the United States shall
8
be deemed to be a reference to the Secretary of War and
9
Department of War, respectively.’’.
10
SEC. 1079. SERVICE-WIDE ENTERPRISE STRATEGY FOR
11
HUMAN PERFORMANCE.
12
(a) ENTERPRISE STRATEGY REQUIRED.—Not later
13
than 180 days after the date of the enactment of this Act,
14
the Secretary of each military department shall establish
15
a service-wide strategy for human performance to identify
16
service-wide requirements and policies to optimize the use
17
and acquisition of human performance technology and
18
services.
19
(b) ELEMENTS.—The strategy required under sub-
20
section (a) shall—
21
(1) identify a program of primary responsibility
22
for human performance across the service to inte-
23
grate, synchronize, and optimize human performance
24
technology and services across each service;
25
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(2) identify requirements for the procurement
1
of human performance technology and services;
2
(3) identify security requirements, including
3
risks stemming from wearable technology devices for
4
which the hardware is assembled in China;
5
(4) provide a timeline and estimated funding
6
for implementation of the human performance enter-
7
prise solution, including acquisition plans, for the
8
period covering fiscal years 2027 through 2031; and
9
(5) provide metrics and performance indicators
10
for assessing the effectiveness and value of the
11
human performance enterprise solution.
12
(c) REPORT REQUIRED.—Not later than 270 days
13
after the date of the enactment of this Act, each Secretary
14
of a military department shall submit to the congressional
15
defense committees a description of the strategy required
16
under subsection (a), including a detailed description of
17
the elements required in subsection (b).
18
(d) DEFINITIONS.—In this section:
19
(1) HUMAN PERFORMANCE.—The term ‘‘human
20
performance’’ means optimization of physical and
21
mental health (such as physical readiness, mental
22
readiness, sleep readiness, nutritional readiness,
23
spiritual readiness) required for optimal performance
24
and improved readiness.
25
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(2) HUMAN PERFORMANCE TECHNOLOGY AND
1
SERVICES.—The term ‘‘human performance tech-
2
nology and services’’ means wearables and data
3
management platforms that support human perform-
4
ance.
5
SEC. 1080. RECORDS PRESERVATION PROCESSES FOR CER-
6
TAIN AT-RISK AFGHAN ALLIES.
7
(a) DEFINITION OF AFGHAN ALLY.—In this section
8
and only for the purpose of the Department of Defense
9
records preservation processes established by this section,
10
the term ‘‘Afghan ally’’ means an alien who is a citizen
11
or national of Afghanistan, or in the case of an alien hav-
12
ing no nationality, an alien who last habitually resided in
13
Afghanistan, who—
14
(1) was—
15
(A) a member of—
16
(i) the special operations forces of the
17
Afghanistan National Defense and Secu-
18
rity Forces;
19
(ii) the Afghanistan National Army
20
Special Operations Command;
21
(iii) the Afghan Air Force; or
22
(iv) the Special Mission Wing of Af-
23
ghanistan;
24
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(B) a female member of any other entity
1
of the Afghanistan National Defense and Secu-
2
rity Forces, including—
3
(i) a cadet or instructor at the Af-
4
ghanistan National Defense University;
5
and
6
(ii) a civilian employee of the Ministry
7
of Defense or the Ministry of Interior Af-
8
fairs;
9
(C) an individual associated with former
10
Afghan military and police human intelligence
11
activities, including operators and Department
12
of Defense sources;
13
(D) an individual associated with former
14
Afghan military counterintelligence, counterter-
15
rorism, or counternarcotics;
16
(E) an individual associated with the
17
former Afghan Ministry of Defense, Ministry of
18
Interior Affairs, or court system, and who was
19
involved in the investigation, prosecution, or de-
20
tention of combatants or members of the
21
Taliban or criminal networks affiliated with the
22
Taliban;
23
(F) an individual employed in the former
24
justice sector in Afghanistan as a judge, pros-
25
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ecutor, or investigator who was engaged in rule
1
of law activities for which the United States
2
provided funding or training; or
3
(G) a senior military officer, senior enlisted
4
personnel, or civilian official who served on the
5
staff of the former Ministry of Defense or the
6
former Ministry of Interior Affairs of Afghani-
7
stan; and
8
(2) provided service to an entity or organization
9
described in paragraph (1) for not less than one
10
year during the period beginning on December 22,
11
2001, and ending on September 1, 2021, and did so
12
in support of the United States mission in Afghani-
13
stan.
14
(b) INCLUSIONS.—For purposes of this section, the
15
Afghanistan National Defense and Security Forces in-
16
cludes members of the security forces under the Ministry
17
of Defense and the Ministry of Interior Affairs of the Is-
18
lamic Republic of Afghanistan, including the Afghanistan
19
National Army, the Afghan Air Force, the Afghanistan
20
National Police, and any other entity designated by the
21
Secretary of Defense as part of the Afghanistan National
22
Defense and Security Forces during the relevant period
23
of service of the applicant concerned.
24
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(c) AFGHAN ALLIES RECORDS PRESERVATION PRO-
1
GRAM.—
2
(1) IN
GENERAL.—Not later than 180 days
3
after the date of the enactment of this Act, the Sec-
4
retary of Defense shall establish a process by which
5
an individual may apply to the Secretary of Defense
6
for classification as an Afghan ally.
7
(2) APPLICATION SYSTEM.—The process estab-
8
lished under paragraph (1) shall—
9
(A) include the development and mainte-
10
nance of a secure online portal through which
11
applicants may provide information verifying
12
their status as Afghan allies and upload sup-
13
porting documentation; and
14
(B) allow—
15
(i) an applicant to submit his or her
16
own application;
17
(ii) a designee of an applicant to sub-
18
mit an application on behalf of the appli-
19
cant; and
20
(iii) the submission of an application
21
regardless of where the applicant is lo-
22
cated, provided that the applicant is out-
23
side the United States.
24
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(3) REVIEW PROCESS.—As soon as practicable
1
after receiving a request for classification described
2
in paragraph (1), the Secretary of Defense shall—
3
(A) review—
4
(i) the service record of the applicant,
5
if available;
6
(ii) if the applicant provides a service
7
record or other supporting documentation,
8
any information within the internal or con-
9
tractor-held records of the Department of
10
Defense that helps verify the service record
11
concerned, including information or an at-
12
testation provided by any current or
13
former official of the Department of De-
14
fense who has personal knowledge of the
15
eligibility of the applicant for such classi-
16
fication; and
17
(iii) available data holdings in the pos-
18
session of the Department of Defense or
19
any contractor of the Department of De-
20
fense, including as applicable biographic
21
and biometric records, iris scans, finger-
22
prints, voice biometric information, hand
23
geometry biometrics, other identifiable in-
24
formation, and any other information re-
25
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lated to the applicant, including relevant
1
derogatory information; and
2
(B)(i) in a case in which the Secretary of
3
Defense determines that the applicant is an Af-
4
ghan ally without significant derogatory infor-
5
mation, the Secretary shall preserve a complete
6
record of such application for potential future
7
use by the applicant or a designee of the appli-
8
cant; and
9
(ii) include with such preserved record—
10
(I) any service record concerned, if
11
available;
12
(II) if the applicant provides a service
13
record, any information that helps verify
14
the service record concerned; and
15
(III) any biometrics for the applicant.
16
(4) REVIEW PROCESS FOR DENIAL OF REQUEST
17
FOR RECORDS PRESERVATION.—
18
(A) IN GENERAL.—In the case of an appli-
19
cant with respect to whom the Secretary of De-
20
fense denies a request for classification and
21
records preservation based on a determination
22
that the applicant is not an Afghan ally or
23
based on derogatory information—
24
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(i) the Secretary shall provide the ap-
1
plicant with a written notice of the denial
2
that provides, to the maximum extent
3
practicable, a description of the basis for
4
the denial, including the facts and infer-
5
ences, or evidentiary gaps, underlying the
6
individual determination; and
7
(ii) the applicant shall be provided an
8
opportunity to submit not more than 1
9
written appeal to the Secretary for each
10
such denial.
11
(B) DEADLINE FOR APPEAL.—An appeal
12
under clause (ii) of subparagraph (A) shall be
13
submitted—
14
(i) not more than 120 days after the
15
date on which the applicant concerned re-
16
ceives notice under clause (i) of that sub-
17
paragraph; or
18
(ii) on any date thereafter, at the dis-
19
cretion of the Secretary of Defense.
20
(C) REQUEST TO REOPEN.—
21
(i) IN GENERAL.—An applicant who
22
receives a denial under subparagraph (A)
23
may submit a request to reopen a request
24
for classification and records preservation
25
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under the process established under para-
1
graph (1) so that the applicant may pro-
2
vide additional information, clarify existing
3
information, or explain any unfavorable in-
4
formation.
5
(ii) LIMITATION.—After considering
6
one such request to reopen from an appli-
7
cant, the Secretary of Defense may deny
8
subsequent requests to reopen submitted
9
by the same applicant.
10
(5) TERMINATION.—The application process
11
under this subsection shall terminate on the date
12
that—
13
(A) is not earlier than ten years after the
14
date of the enactment of this Act; and
15
(B) on which the Secretary of Defense
16
makes a determination that such termination is
17
in the national interest of the United States.
18
(6) GENERAL PROVISIONS.—
19
(A) PROHIBITION
ON
FEES.—The Sec-
20
retary of Defense may not charge any fee in
21
connection with a request for a classification or
22
records preservation under this section.
23
(B) DEFENSE
PERSONNEL.—Any limita-
24
tion in law with respect to the number of per-
25
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sonnel within the Office of the Secretary of De-
1
fense, the military departments, or a Defense
2
Agency (as defined in section 101(a) of title 10,
3
United States Code) shall not apply to per-
4
sonnel employed for the primary purpose of car-
5
rying out this section.
6
(C) REPRESENTATION.—An alien applying
7
for records preservation under this section may
8
be represented during the application process,
9
including at relevant interviews and examina-
10
tions, by an attorney or other accredited rep-
11
resentative. Such representation shall not be at
12
the expense of the United States Government.
13
SEC. 1081. PROHIBITION ON COVERED TRANSACTIONS IN-
14
VOLVING PREDICTION MARKET CONTRACTS.
15
(a) DEFINITIONS.—In this section:
16
(1) COVERED INDIVIDUAL.—The term ‘‘covered
17
individual’’ means—
18
(A) a member of the Armed Forces;
19
(B) a civilian employee of the Department
20
of Defense; or
21
(C) an employee of a Department of De-
22
fense contractor, subcontractor, grantee, or sub-
23
grantee or personal services contractor.
24
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(2) DESIGNATED AGENCY ETHICS OFFICIAL.—
1
The term ‘‘designated agency ethics official’’ means
2
the designated agency ethics official, as that term is
3
defined in section 13101 of title 5, United States
4
Code, for the Department of Defense.
5
(3) MATERIAL NONPUBLIC INFORMATION.—The
6
term ‘‘material nonpublic information’’ means infor-
7
mation—
8
(A) that a reasonable investor would con-
9
sider important in making a decision relating to
10
a prediction market contract; and
11
(B) that is not publicly available.
12
(4) PREDICTION
MARKET
CONTRACT.—The
13
term ‘‘prediction market contract’’ means any finan-
14
cial instrument, contract, or derivative—
15
(A) listed on or offered by a platform, re-
16
gardless of whether the platform is domiciled in
17
the United States; and
18
(B) tied to the occurrence or non-occur-
19
rence of an event, including event contracts, as
20
described in section 5c(c)(5)(C)(i) of the Com-
21
modity
Exchange
Act
(7
U.S.C.
7a-
22
2(c)(5)(C)(i)).
23
(b) PROHIBITION.—No covered individual may use
24
material nonpublic information derived from the position
25
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of the covered individual as a member of the Armed
1
Forces, civilian employee of the Department of Defense,
2
or employee of a Department of Defense contractor, sub-
3
contractor, grantee, or subgrantee or personal services
4
contractor or gained from the performance of the official
5
responsibilities of the covered individual as a means for
6
making a profit through a covered transaction.
7
(c) REPORTS.—Not later than 30 days after receiving
8
notification of any covered transaction the value of which
9
is more than $250 and to which the covered individual
10
is a party, the covered individual shall submit to the des-
11
ignated agency ethics official a report describing the cov-
12
ered transaction, which shall include—
13
(1) the value of the prediction market contract,
14
including the purchase price and number of pre-
15
diction market contracts purchased;
16
(2) the date and time of the covered trans-
17
action;
18
(3) the name of the prediction market contract
19
and the position taken on the prediction market con-
20
tract;
21
(4) the prediction market contract trading plat-
22
form used to complete the covered transaction; and
23
(5) the profit or loss of the covered transaction
24
after the prediction market contract closes, or the
25
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covered individual exits the position, provided that if
1
the prediction market contract is not closed on the
2
date on which the report under this section is sub-
3
mitted, an additional report shall be submitted not
4
later than 30 days after the date on which the pre-
5
diction market contract closes or the covered indi-
6
vidual exits the position.
7
(d) POLICY.—
8
(1) PENALTIES.—Not later than 45 days after
9
the date of enactment of this Act, the Secretary of
10
Defense shall establish appropriate penalties for vio-
11
lating the prohibition under subsection (b).
12
(2) REPORTING.—A violation of the prohibition
13
under subsection (b) shall be reported by the des-
14
ignated agency ethics official to the Secretary of De-
15
fense.
16
SEC. 1082. PROHIBITION ON USE OF PREDICTION MARKETS
17
BY PERSONNEL OF THE DEPARTMENT OF DE-
18
FENSE.
19
(a) REGULATIONS REQUIRED.—Not later than 180
20
days after the date of the enactment of this Act, the Sec-
21
retary of Defense, in consultation with the Secretaries of
22
the military departments, shall issue regulations prohib-
23
iting members of the covered Armed Forces and civilian
24
employees of the Department of Defense from entering
25
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into transactions on prediction markets in cases that re-
1
late to—
2
(1) the Department of Defense, the Armed
3
Forces, the military departments, the defense agen-
4
cies, a combatant command, or any other component
5
of the Department;
6
(2) military operations, military plans, military
7
activities, mobilization, deployments, force posture,
8
readiness, casualties, military exercises, contingency
9
operations, or the use of force;
10
(3) intelligence activities, counterintelligence ac-
11
tivities, special operations, cybersecurity operations,
12
cyber incidents, or operations in the information en-
13
vironment;
14
(4) terrorism, armed conflict, foreign military
15
operations, foreign internal instability, sanctions, ex-
16
port controls, foreign military sales, security assist-
17
ance, or defense articles or services;
18
(5) defense acquisition, contract awards, bid
19
protests, milestone decisions, program delays, pro-
20
duction rates, weapons deliveries, the defense indus-
21
trial base, or other matters involving Department
22
procurement or acquisition;
23
(6) authorization, appropriation, apportion-
24
ment, allotment, obligation, expenditure, rescission,
25
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reprogramming, transfer, or withholding of funds for
1
the Department;
2
(7) classified information, controlled unclassi-
3
fied information, procurement-sensitive information,
4
deliberative information, predecisional information,
5
or other nonpublic Government information; or
6
(8) any other category of event, contingency,
7
occurrence, decision, action, outcome, or cir-
8
cumstance that the Secretary determines, by regula-
9
tion, creates a risk to the integrity of Department
10
operations, the protection of nonpublic Government
11
information, the impartiality of Department per-
12
sonnel, or public confidence in the Department.
13
(b) CONTRACTOR REGULATIONS.—
14
(1) IN
GENERAL.—Not later than 180 days
15
after the date of the enactment of this Act, the Sec-
16
retary of Defense shall revise the Defense Federal
17
Acquisition Regulation Supplement to require an ap-
18
propriate clause in relevant contracts to prohibit
19
contractor personnel from participating in prediction
20
markets in cases described in subsection (a).
21
(2) CONTRACTOR REPORTING.—The clause re-
22
quired under paragraph (1) shall require the con-
23
tractor to report to the contracting officer and ap-
24
propriate security officials any credible information
25
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indicating that contractor personnel described in
1
paragraph (1) knowingly violated the prohibition re-
2
quired by such clause.
3
(3) RULE OF CONSTRUCTION.—Nothing in this
4
subsection shall be construed to limit any other re-
5
quirement relating to conflicts of interest, procure-
6
ment integrity, insider threat, cybersecurity, con-
7
tractor responsibility, or eligibility for access to clas-
8
sified information.
9
(c) ENFORCEMENT.—The regulations under sub-
10
sections (a) and (b) shall specify a range of punishments
11
for the use of prediction markets in violation of this sec-
12
tion.
13
(d) COVERED ARMED FORCES DEFINED.—In this
14
section, the term ‘‘covered Armed Forces’’ means the
15
Army, Navy, Air Force, Marine Corps, and Space Force.
16
SEC. 1083. BAN ON BETS ON MILITARY OPERATIONS.
17
(a)
DEFINITION.—In
this
section,
the
term
18
‘‘wager’’—
19
(1) means the staking or risking by any person
20
of something of value upon the outcome of an event,
21
including the outcome of any portion or aspect
22
thereof, upon an agreement or understanding that
23
the person or another person will receive something
24
of value in the event of a certain outcome; and
25
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(2) does not include insurance for which the in-
1
sured holds a lawful insurable interest—
2
(A) under State law, within the meaning of
3
the Act entitled ‘‘An Act to express the intent
4
of the Congress with reference to the regulation
5
of the business of insurance’’, approved March
6
9, 1945 (commonly known as the ‘‘McCarran-
7
Ferguson Act’’ (15 U.S.C. 1011 et seq.)); or
8
(B) under foreign law, with respect—
9
(i) to risks located outside the United
10
States; or
11
(ii) the reinsurance of risks covered
12
under clause (i).
13
(b) PROHIBITED CONDUCT.—
14
(1) PROHIBITION.—It shall be unlawful for any
15
person to place, accept, or facilitate the placement or
16
acceptance of a wager regarding a military oper-
17
ation, including pursuant to any contingency oper-
18
ation, sensitive military operation, introduction of
19
American forces into hostilities, authorization for the
20
use of military force, or war.
21
(2) CIVIL ACTION.—The Attorney General may
22
bring a civil action for injunctive relief in an appro-
23
priate district court of the United States against any
24
person who violates paragraph (1).
25
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(c) AMENDMENTS.—
1
(1) INTERSTATE
AND
FOREIGN
TRAVEL
OR
2
TRANSPORTATION IN AID OF RACKETEERING ENTER-
3
PRISES.—Section 1952(b)(i)(1) of title 18, United
4
States Code, is amended by inserting after ‘‘gam-
5
bling’’ the following: ‘‘(including conduct prohibited
6
by section 3(a) of the Military Operations Bets Ban
7
Act of 2026)’’.
8
(2) PROHIBITION OF ILLEGAL GAMBLING BUSI-
9
NESSES.—Section 1955(b) of title 18, United States
10
Code, is amended—
11
(A) in paragraph (1)(i), by inserting ‘‘sec-
12
tion 3(a) of the Military Operations Bets Ban
13
Act of 2026 or’’ after ‘‘is a violation of’’; and
14
(B) in paragraph (4), by inserting ‘‘con-
15
duct prohibited by section 3(a) of the Military
16
Operations Bets Ban Act of 2026,’’ after
17
‘‘ ‘gambling’ includes but is not limited to’’.
18
(3) PROHIBITION ON FUNDING OF UNLAWFUL
19
INTERNET GAMBLING.—Section 5362(1) of title 31,
20
United States Code, is amended—
21
(A) in subparagraph (D), by striking
22
‘‘and’’ at the end;
23
(B) by redesignating subparagraph (E) as
24
subparagraph (F); and
25
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(C) by inserting after subparagraph (D)
1
the following:
2
‘‘(i) includes conduct prohibited by
3
section 3(a) of the Military Operations
4
Bets Ban Act of 2026, without regard to
5
subparagraph (F) of this paragraph; and’’.
6
(4) PROHIBITION
ON
TRADING
EVENT
CON-
7
TRACTS
RELATING
TO
WAR
OR
UNITED
STATES
8
ARMED
FORCES
MILITARY
OPERATIONS.—Section
9
5c(c)(5)(C) of the Commodity Exchange Act (7
10
U.S.C. 7a–2(c)(5)(C)) is amended—
11
(A) in clause (i)—
12
(i) in the matter preceding subclause
13
(I)—
14
(I) by striking ‘‘the occurrence,’’
15
and inserting ‘‘an occurrence,’’;
16
(II) by striking ‘‘1a(2)(i)),’’ and
17
inserting ‘‘1a(19)(i)),’’; and
18
(III) by striking ‘‘or trans-
19
actions’’ each place it appears and in-
20
serting ‘‘transactions, or swaps’’;
21
(ii) by striking subclause (IV); and
22
(iii) by redesignating subclauses (V)
23
and (VI) as subclauses (IV) and (V), re-
24
spectively; and
25
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(B) by striking clause (ii) and inserting the
1
following:
2
‘‘(ii) PROHIBITIONS.—No agreement,
3
contract, transaction, or swap may be list-
4
ed or made available for clearing or trad-
5
ing on or through a registered entity if—
6
‘‘(I) the agreement, contract,
7
transaction, or swap involves war or
8
United States Armed Forces military
9
operations; or
10
‘‘(II) the Commission determines
11
the agreement, contract, transaction,
12
or swap is contrary to the public in-
13
terest under clause (i).’’.
14
(d) SEVERABILITY.—If any provision of this section
15
or amendment made by this section, or the application of
16
such provision or amendment to any person or cir-
17
cumstance, is held to be unconstitutional, the remainder
18
of this section and the amendments made by this section,
19
and the application of the provision or amendment to any
20
other person or circumstance, shall not be affected.
21
(e) EFFECTIVE DATE.—This section shall take effect
22
on the date that is 30 days after the date of enactment
23
of this Act.
24
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SEC. 1084. UNIVERSAL GUIDANCE ON REMOTE AND ISO-
1
LATED INSTALLATION DESIGNATIONS.
2
(a) UNIVERSAL GUIDANCE REQUIRED.—
3
(1) IN GENERAL.—Not later than 12 months
4
after the date of the enactment of this Act, the Sec-
5
retary of Defense shall issue guidance applicable to
6
all military departments establishing a standardized
7
definition and tiered classification system for deter-
8
mining the remote and isolated designation status of
9
military installations for the purposes of Morale,
10
Welfare, and Recreation (MWR) and resale, work-
11
force shortages, providing critical services to mem-
12
bers and families, and infrastructure The guidance
13
shall—
14
(A) supersede any conflicting definitions,
15
criteria, or designations issued by individual
16
military departments with respect to remote
17
and isolated status, except as otherwise pro-
18
vided in subsection (c);
19
(B) apply uniformly across all branches of
20
the Armed Forces and all military departments;
21
(C) align with and support the program
22
eligibility determinations, MWR program cat-
23
egory assignments, and NAF activity entitle-
24
ments established under Department of Defense
25
Instruction 1015.10 (Military Morale, Welfare,
26
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and Recreation Programs and Nonappropriated
1
Fund Instrumentalities) and Department of
2
Defense Instruction 1015.18 (Nonappropriated
3
Fund Instrumentality Procurement Policy); and
4
(D) establish a tiered system of remote
5
and isolated designations as provided in sub-
6
section (b).
7
(2) CONSOLIDATION
OF
DoDI 1015.10
AND
8
DoDI 1015.18 WITH NEW GUIDANCE.—In developing
9
the guidance required under paragraph (1), the Sec-
10
retary of Defense shall ensure that—
11
(A) each tier classification established
12
under subsection (b) directly corresponds to
13
specific MWR program categories and funding
14
levels authorized under DoDI 1015.10, such
15
that installations within a given tier are as-
16
signed MWR program categories commensurate
17
with their degree of isolation;
18
(B) the guidance clarifies and reconciles
19
any inconsistencies between current remote and
20
isolated designations used by the military de-
21
partments and the location category definitions
22
employed by DoDI 1015.10 in determining ap-
23
propriated fund support levels;
24
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(C) procurement authorizations for non-
1
appropriated fund instrumentalities (NAF) at
2
remote and isolated installations under DoDI
3
1015.18 are calibrated to reflect the tier des-
4
ignation of such installations, with higher-tier
5
installations receiving proportionally greater
6
procurement flexibility; and
7
(D) any future revisions to DoDI 1015.10
8
or DoDI 1015.18 are reviewed for consistency
9
with the universal guidance required by this
10
section within 180 days of such revision, and
11
updated as necessary to maintain alignment.
12
(3) CONSULTATION.—In developing the guid-
13
ance required under paragraph (1), the Secretary of
14
Defense shall consult with—
15
(A) the Secretaries of the military depart-
16
ments;
17
(B) the Chairman of the Joint Chiefs of
18
Staff;
19
(C) the Under Secretary of Defense for
20
Personnel and Readiness; and
21
(D) the Under Secretary of Defense for
22
Acquisition and Sustainment.
23
(b) TIERED CLASSIFICATION SYSTEM.—
24
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(1) IN GENERAL.—The guidance issued pursu-
1
ant to subsection (a) shall establish a tiered system
2
for classifying military installations by degree of re-
3
moteness and isolation. The Secretary shall des-
4
ignate not fewer than three and not more than five
5
tiers. In developing the tier criteria, the Secretary
6
shall consider, at a minimum, the following factors:
7
(A) Whether the installation is located
8
CONUS or OCONUS, as defined in subsection
9
(f), recognizing that OCONUS installations
10
generally face a broader range of access limita-
11
tions that may not be captured by proximity or
12
distance metrics alone.
13
(B) Commissary availability and off-base
14
subsistence access, including—
15
(i) the distance and travel time to the
16
nearest on-installation commissary, off-in-
17
stallation grocery store, or supermarket
18
equivalent;
19
(ii) the hours of operation of such fa-
20
cilities;
21
(iii) price competitiveness relative to
22
standard retail markets; and
23
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(iv) the variety and adequacy of avail-
1
able goods to support servicemember and
2
family dietary needs.
3
(C) Childcare and school availability, in-
4
cluding—
5
(i) the capacity and waitlist status of
6
on-installation childcare facilities and Child
7
Development Centers;
8
(ii) the availability and quality of off-
9
installation licensed childcare providers;
10
and
11
(iii) the availability, quality, and ac-
12
creditation status of kindergarten through
13
grade 12 educational institutions both on-
14
installation and in the surrounding com-
15
munity, including Department of Defense
16
Education Activity (DODEA) Schools,
17
local public schools, and private or charter
18
school options.
19
(D) Housing availability, including—
20
(i) the quantity, quality, and vacancy
21
rate of on-installation government quar-
22
ters;
23
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(ii) the availability and affordability of
1
off-installation rental and for-purchase
2
housing in the surrounding community;
3
(iii) the adequacy of the applicable
4
Basic Allowance for Housing (BAH) rate
5
relative to local housing market conditions;
6
and
7
(iv) the availability of accessible hous-
8
ing for servicemembers with special needs
9
or larger family sizes.
10
(E) Commute distance and time associated
11
with housing availability, including—
12
(i) the average driving distance and
13
travel time between available off-installa-
14
tion housing and the installation gate;
15
(ii) the availability and reliability of
16
public transportation options;
17
(iii) road infrastructure quality and
18
seasonal road conditions; and
19
(iv) the degree to which limited off-in-
20
stallation
housing
inventory
forces
21
servicemembers and families to reside at
22
distances that impose an unreasonable
23
commute burden.
24
(F) Healthcare availability, including—
25
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(i) the capacity and scope of services
1
offered by the on-installation military
2
treatment facility, if any;
3
(ii) the distance to the nearest off-in-
4
stallation civilian hospital, including con-
5
sideration if care is only available in a
6
neighboring country, and whether these fa-
7
cilities have emergency and trauma serv-
8
ices, urgent care facility, and primary care
9
provider accepting TRICARE and civilian
10
healthcare insurance like the Federal Em-
11
ployee Health Benefits Plan;
12
(iii) the availability of specialty care
13
including pediatric, mental health, obstet-
14
ric, and dental services both on and off in-
15
stallation; and
16
(iv) appointment wait times relative to
17
community standards.
18
(G) Fitness center and recreational facility
19
availability, including—
20
(i) the presence, capacity, quality, and
21
hours of operation of on-installation fitness
22
centers, gymnasiums, aquatic facilities, and
23
outdoor recreation areas;
24
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(ii)
the
extent
to
which
1
servicemembers and families must rely ex-
2
clusively on on-installation fitness re-
3
sources due to the absence or inadequacy
4
of off-installation commercial fitness and
5
recreational options; and
6
(iii) the condition and modernization
7
status of on-installation MWR facilities.
8
(H) Regional employment rate and mili-
9
tary spouse employment opportunities, includ-
10
ing—
11
(i) the unemployment rate in the sur-
12
rounding labor market area;
13
(ii) the availability of career-level civil-
14
ian employment opportunities accessible to
15
military spouses within a reasonable com-
16
mute distance;
17
(iii) the presence of industries or em-
18
ployers known to be military-spouse-friend-
19
ly;
20
(iv) access to higher education and vo-
21
cational training programs; and
22
(v) the availability of remote or
23
telework employment options given existing
24
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telecommunications infrastructure at the
1
installation location.
2
(I) Physical accessibility of the installation,
3
including road conditions, distance from the
4
nearest population center, presence of geo-
5
graphic barriers such as mountains, bodies of
6
water, or desert terrain, and seasonal inacces-
7
sibility due to weather or environmental condi-
8
tions.
9
(J) Access to commercial air transpor-
10
tation, including the distance to the nearest
11
commercial airport, frequency of commercial air
12
service, and availability of reasonable airfares.
13
(K) The cost-of-living differential between
14
the installation location and relevant baseline
15
comparators, including the availability and cost
16
of off-installation housing.
17
(L) For OCONUS installations, host na-
18
tion
restrictions
on
the
movement
of
19
servicemembers and their families, status of
20
forces agreement limitations, force protection
21
and travel restrictions, foreign language or cul-
22
tural barriers affecting access to community
23
services, and the operational posture of the in-
24
stallation.
25
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(M) Emergency services, including—
1
(i) access to critical emergency serv-
2
ices, including the availability, response
3
time, and operational capacity of emer-
4
gency medical services, fire and rescue
5
services, law enforcement support, emer-
6
gency evacuation capabilities, disaster re-
7
sponse infrastructure, and mutual aid
8
agreements with surrounding civilian juris-
9
dictions;
10
(ii) the reliability of emergency com-
11
munications systems;
12
(iii) the extent to which geographic
13
isolation, weather conditions, or transpor-
14
tation limitations impede timely access to
15
emergency assistance for servicemembers
16
and their families.
17
(2) SCORING METHODOLOGY AND APPEALS.—In
18
assigning a tier designation to an installation, the
19
Secretary shall develop and apply a standardized
20
scoring methodology that—
21
(A) weights the factors described in para-
22
graph (1) and any additional factors the Sec-
23
retary deems appropriate on a consistent basis
24
across all military departments;
25
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(B) distinguishes between CONUS and
1
OCONUS installations with separate scoring
2
criteria reflective of the unique circumstances of
3
each category;
4
(C) permits periodic re-evaluation of an in-
5
stallation’s tier designation upon a significant
6
change in circumstances, including changes to
7
base population, infrastructure, or surrounding
8
community development;
9
(D) includes a formal appeals process by
10
which a Secretary of a military department or
11
an installation commander may request re-eval-
12
uation of a tier designation, with a decision re-
13
quired not later than 180 days after submission
14
of such request;
15
(E) incorporates both quantitative and
16
qualitative measures, including servicemember
17
and military family quality-of-life indicators,
18
workforce vacancy rates, spouse employment
19
outcomes, childcare wait times, healthcare ap-
20
pointment availability, and access to emergency
21
services; and
22
(F) accounts for cumulative effects of mul-
23
tiple access limitations, such that installations
24
experiencing deficiencies across several cat-
25
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egories may receive a higher tier designation
1
notwithstanding moderate scores in any indi-
2
vidual category.
3
(c) PRESERVATION OF EXISTING DESIGNATIONS.—
4
(1) CONTINUATION
OF
EXISTING
DESIGNA-
5
TIONS.—Notwithstanding subsection (a)(1)(A), all
6
military installations that have been designated as
7
remote and isolated by any military department as
8
of the date of the enactment of this Act shall retain
9
their remote and isolated designation until the date
10
that is 12 months after the date of the enactment
11
of this Act, at which time the Secretary of Defense
12
shall publish a new and comprehensive list of instal-
13
lations designated as remote and isolated under the
14
tiered classification system established pursuant to
15
subsection (b).
16
(2) EFFECT
ON
PROGRAMS
AND
ENTITLE-
17
MENTS.—During the period in which existing des-
18
ignations are preserved under paragraph (1),
19
servicemembers assigned to installations with an ex-
20
isting remote and isolated designation shall continue
21
to receive all programs, entitlements, and MWR sup-
22
port authorized under such designation. No service-
23
member or dependent shall lose access to any pro-
24
gram solely as a result of the transition to the tiered
25
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classification system prior to the publication of the
1
new list required by paragraph (1).
2
(3) NEW
LIST
PUBLICATION.—The new list
3
published pursuant to paragraph (1) shall—
4
(A) include each military installation des-
5
ignated as remote and isolated, organized by
6
tier designation under the tiered classification
7
system;
8
(B) identify any installation that held a re-
9
mote and isolated designation under prior mili-
10
tary department criteria that is not included in
11
the new list, together with a written justifica-
12
tion for the removal of such designation; and
13
(C) be published in a manner accessible to
14
all servicemembers, Department of Defense em-
15
ployees, and the general public.
16
(d) CONGRESSIONAL REPORTING AND NOTIFICATION
17
REQUIREMENTS.—
18
(1) INITIAL
CONSOLIDATED
LIST.—Not later
19
than 60 days after the date of the enactment of this
20
Act, the Secretary of Defense shall submit to the
21
Committees on Armed Services of the Senate and
22
the House of Representatives a consolidated list of
23
all military installations currently designated as re-
24
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mote and isolated by each military department. The
1
list shall—
2
(A) identify each installation by name, lo-
3
cation, and military department;
4
(B) identify the criteria applied by each
5
military department to designate such installa-
6
tions as remote and isolated as of the date of
7
submission;
8
(C) note the approximate date each instal-
9
lation received its current remote and isolated
10
designation; and
11
(D) identify any installations for which re-
12
mote and isolated status is in dispute or under
13
review by a military department as of the date
14
of submission.
15
(2) PRE-PUBLICATION CONGRESSIONAL BRIEF-
16
ING.—Not later than 30 days before publishing the
17
new and comprehensive list of remote and isolated
18
installations required under subsection (c)(1), the
19
Secretary of Defense shall provide to the Commit-
20
tees on Armed Services of the Senate and the House
21
of Representatives a briefing on the updated list.
22
The briefing shall include—
23
(A) a complete draft of the proposed new
24
list, organized by tier designation;
25
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(B) an explanation of the scoring method-
1
ology and weighting criteria applied under the
2
tiered classification system to assign tier des-
3
ignations to each installation;
4
(C) a comparison of the proposed new list
5
to the consolidated list submitted under para-
6
graph (1), identifying installations added to, re-
7
moved from, or reclassified on the updated list,
8
and the rationale for each such change;
9
(D) an assessment of the anticipated ef-
10
fects of the new designations on MWR program
11
categories, appropriated fund support levels,
12
and NAF entitlements under DoDI 1015.10
13
and DoDI 1015.18; and
14
(E) a summary of any formal requests for
15
re-designation received during the development
16
of the new list and the disposition of each such
17
request.
18
(3) SUBSEQUENT UPDATES.—Following publi-
19
cation of the initial list under subsection (c)(1), the
20
Secretary shall submit to the Committees on Armed
21
Services of the Senate and the House of Representa-
22
tives an updated list not less frequently than every
23
three years, or within 180 days of any significant re-
24
vision to the universal guidance issued under sub-
25
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section (a). Such updated list shall include the same
1
information required under paragraph (2) of this
2
subsection with respect to any changes from the
3
prior list.
4
(e) PERIODIC REVIEW
AND UPDATING
OF GUID-
5
ANCE.—The Secretary of Defense shall review the uni-
6
versal guidance issued pursuant to subsection (a), includ-
7
ing the tiered classification system, not less frequently
8
than once every three years. Such review shall consider—
9
(1) changes in population, infrastructure, or
10
community development in the vicinity of designated
11
installations;
12
(2) feedback from installation commanders,
13
servicemember surveys, and military family organi-
14
zations;
15
(3) revisions to applicable Department of De-
16
fense Instructions or policy directives; and
17
(4) any significant changes to the global basing
18
posture or force structure of the Armed Forces that
19
may affect the remote and isolated status of installa-
20
tions.
21
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
22
tion shall be construed to—
23
(1) limit the authority of the Secretary of De-
24
fense to designate additional installations as remote
25
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and isolated beyond those identified under the tiered
1
classification system where warranted by unique
2
operational, environmental, or mission requirements;
3
(2) limit the authority of the Secretary of De-
4
fense to revise DoDI 1015.10 or DoDI 1015.18 in
5
accordance with applicable law; or
6
(3) require the disclosure of any classified infor-
7
mation with respect to installations or operations in
8
submitting reports, lists, or briefings required under
9
this section.
10
(g) DEFINITIONS.—In this section:
11
(1) CONUS.—The term ‘‘CONUS’’ means the
12
continental United States, excluding Alaska and Ha-
13
waii.
14
(2) COMMUNITY SUPPORT ACCESS.—The term
15
‘‘community support access’’ means the availability,
16
within reasonable proximity of an installation, of
17
commercial retail establishments, medical and dental
18
care providers, recreational and entertainment
19
venues, educational institutions, and other commu-
20
nity services routinely used by servicemembers and
21
their families.
22
(3) MILITARY DEPARTMENT.—The term ‘‘mili-
23
tary department’’ has the meaning given that term
24
in section 101(a)(8) of title 10, United States Code.
25
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(4) MILITARY INSTALLATION.—The term ‘‘mili-
1
tary installation’’ has the meaning given that term
2
in section 2801(c)(4) of title 10, United States
3
Code.
4
(5) OCONUS.—The term ‘‘OCONUS’’ means
5
outside the continental United States, including
6
Alaska, Hawaii, United States territories, and all
7
foreign countries.
8
(6) OFF-BASE
SUBSISTENCE
ACCESS.—The
9
term ‘‘off-base subsistence access’’ means the avail-
10
ability of grocery stores, commissary equivalents,
11
restaurants, and other food retail establishments ac-
12
cessible to servicemembers and their dependents
13
without undue burden.
14
SEC. 1085. DECLASSIFICATION OF INFORMATION CON-
15
CERNING UNITED STATES PERSONNEL CLAS-
16
SIFIED AS PRISONER OF WAR OR MISSING IN
17
ACTION DURING CERTAIN CONFLICTS.
18
(a) DECLASSIFICATION OF INFORMATION.—
19
(1) IN GENERAL.—Except as provided in sub-
20
section (b), the Secretary of Defense shall declassify
21
any information referred to in paragraph (2), or, if
22
such declassification is not possible, make such in-
23
formation available to family members to review.
24
(2) INFORMATION COVERED.—
25
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(A) IN GENERAL.—Paragraph (1) applies
1
to any record, live-sighting report, or other in-
2
formation in the custody of the Department of
3
Defense that relates to the location, treatment,
4
or condition of any POW/MIA from World War
5
II, the Korean War, or the Vietnam War on or
6
after the date on which such individual passed
7
from United States control into a status classi-
8
fied as a prisoner of war or missing in action,
9
as the case may be, until that individual is re-
10
turned to United States control.
11
(B) POW/MIA DEFINED.—For purposes
12
of this section, a POW/MIA from World War
13
II, the Korean War, or the Vietnam War is any
14
member of the Armed Forces or civilian em-
15
ployee of the United States who was at any
16
time classified as a prisoner of war or missing
17
in action during World War II, the Korean
18
War, or the Vietnam War and whose person or
19
remains have not been returned to United
20
States control.
21
(b) DECLASSIFICATION LIMITATION.—
22
(1) CONSENT REQUIREMENT.—
23
(A) IN GENERAL.—The Secretary of De-
24
fense may not declassify a record or other infor-
25
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mation available to the public pursuant to sub-
1
section (a) if the record or other information
2
specifically mentions a person by name unless—
3
(i) in the case of a person who is alive
4
(and not incapacitated) and whose where-
5
abouts are known, that person expressly
6
consents in writing to the declassification
7
of the record or other information; or
8
(ii) in the case of a person who is
9
dead or incapacitated or whose where-
10
abouts are unknown, a family member or
11
family members of that person determined
12
by the Secretary of Defense to be appro-
13
priate for such purpose expressly consent
14
in writing to the declassification of the
15
record or other information.
16
(B) LIMITATION
ON
DELEGATION.—The
17
authority of a person to consent to disclosure of
18
a record or other information for the purposes
19
of subparagraph (A) may be delegated to an-
20
other person or an organization only by means
21
of an express legal power of attorney granted
22
by the person authorized by that paragraph to
23
consent to the disclosure.
24
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(2) EXCEPTIONS TO LIMITATION.—The limita-
1
tion on disclosure in subparagraph (A) of paragraph
2
(1) does not apply—
3
(A) in the case of a person who is dead or
4
incapacitated or whose whereabouts are un-
5
known if the family member or members of that
6
person determined pursuant to such subpara-
7
graph cannot be located after a reasonable ef-
8
fort; or
9
(B) to the access of an adult member of
10
the family of a person to any record or informa-
11
tion to the extent that the record or other infor-
12
mation relates to that person.
13
(c) DEADLINES.—
14
(1) IN GENERAL.—In the case of records or
15
other information that are required by subsection (a)
16
to be declassified and that are in the custody of the
17
Department of Defense on the date of the enactment
18
of this Act, the Secretary shall declassify such
19
records and other information pursuant to this sec-
20
tion not later than three years after such date. Such
21
records or other information shall be declassified as
22
soon as a review carried out for the purposes of sub-
23
section (b) is completed.
24
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(2) AUTHORITY
TO
WITHHOLD.—If the Sec-
1
retary of Defense determines that the declassifica-
2
tion of any record or other information referred to
3
in subsection (a) by the date required by paragraph
4
(1) may compromise the safety of a POW/MIA who
5
may still be alive in the area of conflict, then the
6
Secretary may withhold that record or other infor-
7
mation from the disclosure otherwise required by
8
this section. Whenever the Secretary makes a deter-
9
mination under the preceding sentence, the Sec-
10
retary shall immediately notify the President and
11
Congress of that determination.
12
(d) COOPERATION WITH OTHER AGENCIES.—The
13
Secretary of Defense shall work with the heads of other
14
Federal departments and agencies to address the disposi-
15
tion of records in possession of such agencies, including
16
records received or discovered after the deadlines referred
17
to in subsection (c).
18
SEC. 1086. REQUIREMENT FOR MARKINGS ON LETHAL MILI-
19
TARY PLATFORMS.
20
Chapter 141 of title 10, United States Code, is
21
amended by adding at the end the following new section:
22
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‘‘§ 2397. Requirement for markings on lethal military
1
platforms
2
‘‘(a) IN GENERAL.—The Secretary of Defense may
3
not employ a manned platform with offensive lethal weap-
4
ons capabilities to conduct an attack if such platform does
5
not include markings to—
6
‘‘(1) signify its affiliation with the United
7
States Armed Forces; and
8
‘‘(2) distinguish itself from the civilian popu-
9
lation, equipment, or platforms when conducting an
10
attack.
11
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
12
tion shall be construed to prohibit the employment of a
13
manned platform with integrated weapons capabilities of
14
a purely defensive character.’’.
15
SEC. 1087. EXTENSION OF NATIONAL DEFENSE STRATEGY
16
COMMISSION.
17
Section 1095(e) of the National Defense Authoriza-
18
tion Act for Fiscal Year 2026 (Public Law 119–60; 139
19
Stat. 1072) is amended by striking ‘‘90 days after’’ and
20
inserting ‘‘15 months after’’.
21
SEC. 1088. PROHIBITION ON USE OF FUNDS FOR TRANSFER
22
OF INDIVIDUALS LOCATED AT CAMP AS
23
SAYLIYAH.
24
(a) IN GENERAL.—None of the amounts authorized
25
to be appropriated or otherwise made available by this Act
26
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for the Department of Defense may be used to transfer
1
or assist in the transfer or involuntary return of an indi-
2
vidual described in subsection (b) to—
3
(1) Afghanistan;
4
(2) a third country from which it may reason-
5
ably be assumed that the individual will be sent to
6
Afghanistan; or
7
(3) any location the transfer or involuntary re-
8
turn to which would otherwise violate existing law.
9
(b) INDIVIDUAL
DESCRIBED.—An individual de-
10
scribed in this subsection is an individual housed at Camp
11
As Sayliyah who—
12
(1) is a national of Afghanistan (or in the case
13
of an individual having no nationality, an individual
14
who last habitually resided in Afghanistan); and
15
(2) was transported to Camp As Sayliyah by
16
the United States Government for the purpose of
17
consideration for admission to the United States.
18
(c) WAIVER.—
19
(1) IN GENERAL.—With respect to Afghanistan
20
or a third country from which it may reasonably as-
21
sumed that an individual described in subsection (b)
22
will be sent to Afghanistan, the Secretary may waive
23
the application of subsection (a) in the case of such
24
an individual with respect to whom there is pre-ex-
25
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isting derogatory information that would preclude
1
the individual from settling in the United States or
2
Qatar.
3
(2) NOTIFICATION.—Not later than 30 days be-
4
fore the date on which the Secretary intends to exer-
5
cise the waiver authority under paragraph (1), the
6
Secretary shall notify the relevant committees of
7
Congress of such intent.
8
SEC. 1089. ANALYSIS OF FORCE REQUIREMENTS FOR AL-
9
TERNATIVE WARFIGHTING SCENARIOS.
10
(a) IN GENERAL.—Not later than 270 days after the
11
date of the enactment of this Act, the Director of the Cost
12
Assessment and Program Evaluation and the Program
13
Evaluation Competitive Analysis Cell established under
14
section 139a(e) of title 10, United States Code, shall pro-
15
vide a briefing to the Committees on Armed Services of
16
the Senate and the House of Representatives on force re-
17
quirements for alternative warfighting scenarios.
18
(b)
SCOPE
OF
SCENARIOS.—The
alternative
19
warfighting scenarios to be addressed under subsection (a)
20
shall include, at a minimum, the following types of sce-
21
narios:
22
(1) A variety of first island chain scenarios in
23
the Pacific, including protracted and simultaneous
24
conflicts.
25
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(2) Regional contingencies from not fewer than
1
two additional geographic combatant command areas
2
of responsibility.
3
(3) Conflicts with near-peer adversaries that re-
4
sult in horizontal escalation across geographic re-
5
gions.
6
(4) Hybrid or gray-zone conflict scenarios com-
7
bining cyber operations, electronic warfare, space-
8
based disruption, and irregular maritime activity by
9
adversary forces.
10
(c) ASSESSMENT OF REQUIREMENTS.—For each sce-
11
nario addressed under subsection (a), the briefing required
12
by that subsection shall assess the following:
13
(1) Required force composition (naval, air, and
14
land-based units, including joint and allied contribu-
15
tions).
16
(2) Current readiness levels of United States
17
forces to execute the scenario.
18
(3) Identified shortfalls in personnel, equip-
19
ment, logistics, basing access, medical support capa-
20
bilities, contingency contracting capability, munitions
21
stockpiles, industrial base production capacities, and
22
sustainment capabilities.
23
(4) Estimated timelines for force reconstitution
24
and sustainment under combat conditions, including
25
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replacement and training of military manpower per-
1
sonnel due to attrition.
2
(5) Opportunities to increase the quantity and
3
availability of required military effects through the
4
use of lower-cost, rapidly producible, attritable, au-
5
tonomous, commercial, or otherwise scalable capa-
6
bilities capable of achieving acceptable operational
7
outcomes, together with an evaluation of the risks,
8
benefits, costs, implementation timelines, and any
9
legislative or regulatory barriers associated with
10
such approaches.
11
(d) OBJECTIVES.—The purposes of the assessment of
12
alternative warfighting scenarios under this section are—
13
(1) to test and evaluate United States force
14
readiness across a spectrum of potential contin-
15
gencies;
16
(2) to identify risks and gaps in such readiness;
17
and
18
(3) to inform future force planning, posture,
19
and investment decisions.
20
SEC. 1090. GUIDANCE ON THE TREATMENT OF CLAIMS
21
UNDER THE HAVANA ACT.
22
Not later than 180 days after the date of the enact-
23
ment of this Act, the Secretary shall issue guidance on
24
treatment of claims under the HAVANA Act (Public Law
25
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117–46) with respect to the inclusion of current and
1
former members of the Armed Forces.
2
SEC. 1091. ASSESSMENT OF DEPARTMENT OF DEFENSE
3
PHOSPHATE
SUPPLY
CHAIN
4
VULNERABILITIES;
RELATED
LAND
EX-
5
CHANGE AUTHORIZATION.
6
(a) ASSESSMENT REQUIRED.—
7
(1) IN
GENERAL.—Not later than 180 days
8
after the date of enactment of this Act, the Sec-
9
retary of Defense (referred to in this subsection as
10
the ‘‘Secretary’’) shall complete a comprehensive as-
11
sessment of the vulnerabilities in the Department of
12
Defense phosphate supply chain, including—
13
(A) the reliance of defense-relevant indus-
14
tries and military operations on foreign-sourced
15
phosphate and phosphate-derived products; and
16
(B) the risks to national security posed by
17
patterns of import dependence, foreign supply
18
concentration, and the susceptibility of global
19
commodity supply chains to disruption in exist-
20
ence as of the date of the assessment.
21
(2)
ELEMENTS.—The
assessment
required
22
under paragraph (1) shall include, at a minimum, an
23
evaluation of the following:
24
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(A) The extent to which the Department of
1
Defense, the defense industrial base, and de-
2
fense-related agricultural and manufacturing
3
supply chains depend on phosphate and phos-
4
phate-derived products, including—
5
(i) phosphate-based munitions compo-
6
nents, propellants, flame retardants, en-
7
ergy storage, and pyrotechnics;
8
(ii) phosphoric acid and phosphate
9
compounds used in metal finishing, corro-
10
sion protection, and other defense manu-
11
facturing processes; and
12
(iii) phosphate fertilizers essential to
13
domestic
agricultural
production
sup-
14
porting military food supply chains and
15
civil-military operations during a national
16
emergency.
17
(B) Current and projected domestic pro-
18
duction capacity for phosphate rock and proc-
19
essed phosphate products, including an assess-
20
ment of the number, location, and operational
21
status of domestic mining and processing facili-
22
ties.
23
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(C) The vulnerability of the phosphate sup-
1
ply chain to deliberate or inadvertent disrup-
2
tion, including—
3
(i) the degree of United States net
4
import reliance for phosphate at each stage
5
of the supply chain, from raw ore to fin-
6
ished defense-relevant products;
7
(ii) the concentration of foreign sup-
8
pliers, including the market share and geo-
9
political risk profile of Morocco, China,
10
and other major producers;
11
(iii) the risk of supply disruption aris-
12
ing from hostile foreign actions, armed
13
conflicts, sanctions, trade restrictions, ex-
14
port controls imposed by foreign govern-
15
ments, or anti-competitive behaviors by
16
state-owned or state-influenced enterprises;
17
(iv) the risk of disruption arising from
18
single points of failure in domestic trans-
19
portation, processing, or storage infra-
20
structure; and
21
(v) the adequacy and feasibility of
22
substitution, including the availability of
23
alternative materials, alternative suppliers,
24
or alternative production methods capable
25
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of replacing phosphate in defense-critical
1
applications within operationally relevant
2
timeframes.
3
(D) The adequacy of existing United
4
States phosphate stockpiles, including any
5
quantities held in or eligible for inclusion in the
6
National Defense Stockpile established under
7
the Strategic and Critical Materials Stock Pil-
8
ing Act (50 U.S.C. 98 et seq.), and the suffi-
9
ciency of such stockpiles to sustain defense-rel-
10
evant consumption during a supply disruption
11
of 6, 12, and 24 months, respectively.
12
(E) The relationship between domestic
13
phosphate production capacity and the long-
14
term ability of the United States to reduce sup-
15
ply
chain
vulnerability
through
domestic
16
sourcing.
17
(F) A comparison of phosphate supply
18
chain vulnerabilities with vulnerabilities of other
19
materials designated, as of the date of the as-
20
sessment, as strategic and critical materials
21
under the Strategic and Critical Materials
22
Stock Piling Act (50 U.S.C. 98 et seq.) or as
23
critical minerals on the list of critical minerals
24
published under section 7002(c)(3) of the En-
25
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ergy Act of 2020 (30 U.S.C. 1606(c)(3)), for
1
the purpose of informing relative prioritization.
2
(3) RECOMMENDATIONS.—The assessment re-
3
quired under paragraph (1) shall include rec-
4
ommendations with respect to—
5
(A) actions the Department of Defense
6
should take to reduce identified vulnerabilities
7
in the phosphate supply chain, including
8
through stockpiling, domestic production incen-
9
tives, or other supply chain resilience measures;
10
and
11
(B) any legislative or regulatory action
12
necessary to address identified gaps in phos-
13
phate supply chain security.
14
(4) REPORT TO CONGRESS.—
15
(A) IN GENERAL.—Not later than 30 days
16
after the date on which the assessment required
17
under paragraph (1) is completed, the Secretary
18
shall submit a report containing the findings,
19
conclusions, and recommendations of the as-
20
sessment to—
21
(i) the Committee on Armed Services
22
of the Senate;
23
(ii) the Committee on Armed Services
24
of the House of Representatives;
25
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(iii) the Committee on Energy and
1
Natural Resources of the Senate; and
2
(iv) the Committee on Natural Re-
3
sources of the House of Representatives.
4
(B) CLASSIFIED ANNEX.—The report re-
5
quired under subparagraph (A)—
6
(i) shall be submitted in an unclassi-
7
fied form; but
8
(ii) may include a classified annex if
9
the Secretary determines that the inclusion
10
of certain information in an unclassified
11
report would be detrimental to the national
12
security of the United States.
13
(b) RATIFICATION OF ACTIONS OF THE SECRETARY
14
OF THE INTERIOR.—Notwithstanding any other provision
15
of law, the actions of the Secretary of the Interior in the
16
approval and issuance of land patent No. 11-2021-0002
17
pursuant to the Federal Land Policy and Management Act
18
of 1976 (43 U.S.C. 1701 et seq.) are reaffirmed and rati-
19
fied.
20
(c) CONFIRMATION OF USE OF CERTAIN NON-FED-
21
ERAL LAND IN SALT LAKE CITY, UTAH, FOR VALID PUB-
22
LIC PURPOSES.—
23
(1) CONFIRMATION OF USES.—
24
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(A) IN GENERAL.—The use by the Univer-
1
sity of Utah of the land described in paragraph
2
(2) as a University research park, as approved
3
by the letter from the Secretary of the Interior
4
to the University of Utah dated December 10,
5
1970, and any modifications of the approved
6
plan of development and management approved
7
by the Department of the Interior prior to the
8
date of enactment of this Act, is confirmed as
9
a valid public purpose consistent with the re-
10
quirements of the Act of June 14, 1926 (com-
11
monly known as the ‘‘Recreation and Public
12
Purposes Act’’) (44 Stat. 741, chapter 578; 43
13
U.S.C. 869 et seq.), subject to the terms and
14
conditions included in the letter and approvals.
15
(B) OTHER USES.—Any other uses of the
16
land described in paragraph (2) by the Univer-
17
sity of Utah that are consistent with use as a
18
University research park and related university
19
purposes (including development of student
20
housing and a transit hub) are confirmed as
21
valid public purposes consistent with the re-
22
quirements of the Act of June 14, 1926 (com-
23
monly known as the ‘‘Recreation and Public
24
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Purposes Act’’) (44 Stat. 741, chapter 578; 43
1
U.S.C. 869 et seq.).
2
(2) DESCRIPTION
OF
NON-FEDERAL
LAND.—
3
The land referred to in paragraph (1) is the approxi-
4
mately 593.54 acres of land conveyed to the Univer-
5
sity of Utah under the Act of June 14, 1926 (com-
6
monly known as the ‘‘Recreation and Public Pur-
7
poses Act’’) (44 Stat. 741, chapter 578; 43 U.S.C.
8
869 et seq.), by patent numbered 43–99–0012 and
9
dated October 18, 1968, and more particularly de-
10
scribed as tracts D (excluding parcels numbered 1,
11
2, 3, 4, and 5), G, and J, T. 1 S., R. 1 E., Salt
12
Lake Meridian.
13
(d)
CONTINENTAL
DIVIDE
NATIONAL
SCENIC
14
TRAIL.—
15
(1) DEFINITIONS.—In this subsection:
16
(A) SECRETARY.—The term ‘‘Secretary’’
17
means the Secretary of Agriculture.
18
(B) TRAIL.—The term ‘‘Trail’’ means the
19
Continental Divide National Scenic Trail.
20
(C) TRAIL COMPLETION TEAM.—The term
21
‘‘Trail Completion Team’’ means the joint For-
22
est Service-Bureau of Land Management Trail
23
completion team established under paragraph
24
(3).
25
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(2) COMPLETION OF CONTINENTAL DIVIDE NA-
1
TIONAL SCENIC TRAIL.—Subject to the availability
2
of appropriations, the Secretary and the Secretary of
3
the Interior shall seek to complete the Trail as a
4
continuous route not later than 10 years after the
5
date of enactment of this Act.
6
(3) TRAIL COMPLETION TEAM.—
7
(A) IN GENERAL.—Not later than 1 year
8
after the date of enactment of this Act, the Sec-
9
retary and the Secretary of the Interior shall
10
establish a joint Forest Service-Bureau of Land
11
Management Trail completion team to work in
12
coordination with the administrator of the
13
Trail—
14
(i) to facilitate the completion and op-
15
timization of the Trail, consistent with the
16
purposes of the Trail; and
17
(ii) to assist in the development of the
18
comprehensive development plan for the
19
Trail under paragraph (4).
20
(B) CONSULTATION.—As appropriate, the
21
Trail Completion Team shall consult with other
22
Federal agencies, affected State, Tribal, and
23
local governments, landowners, affected land-
24
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grant mercedes owners and users, acequias, and
1
other interested parties in—
2
(i) the completion and optimization of
3
the Trail; and
4
(ii) the development and completion of
5
the comprehensive development plan for
6
the Trail under paragraph (4).
7
(4) COMPREHENSIVE DEVELOPMENT PLAN FOR
8
THE
CONTINENTAL
DIVIDE
NATIONAL
SCENIC
9
TRAIL.—
10
(A) IN GENERAL.—Not later than 3 years
11
after the date of establishment of the Trail
12
Completion Team under paragraph (3), the
13
Secretary shall complete a comprehensive devel-
14
opment plan for the Trail.
15
(B) PLAN INCLUSIONS.—The comprehen-
16
sive development plan under subparagraph (A)
17
shall—
18
(i) identify any gaps in the Trail for
19
which the Secretary and the Secretary of
20
the Interior have not been able to acquire
21
land;
22
(ii) identify opportunities for the use
23
of easements acquired from willing sellers
24
to facilitate completion of the Trail; and
25
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(iii) include general and site-specific
1
Trail development plans, including antici-
2
pated costs of the plans.
3
(5) PARTNERSHIPS.—The Secretary and the
4
Secretary of the Interior shall seek to enter into
5
agreements with volunteer and nonprofit organiza-
6
tions, as appropriate, to facilitate the completion
7
and administration of the Trail.
8
(6) EFFECT.—Nothing in this subsection—
9
(A) provides any authority to acquire land
10
or interests in land for inclusion in the Trail be-
11
yond the authorities provided for the Trail in
12
the National Trails System Act (16 U.S.C.
13
1241 et seq.), including acquisition by eminent
14
domain; or
15
(B) makes the acquisition of land or inter-
16
ests in land for the Trail a priority over other
17
land acquisition authorizations.
18
(e) WITHDRAWAL OF CERTAIN BUREAU OF LAND
19
MANAGEMENT LAND, NEW MEXICO.—
20
(1) IN
GENERAL.—Subject to valid existing
21
rights, the Federal land described in paragraph (2)
22
is withdrawn from all forms of—
23
(A) location, entry, and patent under the
24
mining laws; and
25
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(B) disposition under the mineral leasing,
1
mineral materials, and geothermal leasing laws.
2
(2) DESCRIPTION.—The Federal land referred
3
to in paragraphs (1) and (3) is the approximately
4
4,288 acres of land administered by the Director of
5
the Bureau of Land Management and generally de-
6
picted as ‘‘Tract A’’, ‘‘Tract B’’, ‘‘Tract C’’, and
7
‘‘Tract D’’ on the map entitled ‘‘Placitas, New Mex-
8
ico Area Map’’ and dated November 13, 2019.
9
(3) SURFACE ESTATE.—
10
(A) IN GENERAL.—Subject to the reserva-
11
tion of the mineral estate under subparagraph
12
(B), nothing in this subsection prohibits the
13
Secretary of the Interior from conveying the
14
surface estate of the Federal land described in
15
paragraph (2) in accordance with—
16
(i) the Federal Land Policy and Man-
17
agement Act of 1976 (43 U.S.C. 1701 et
18
seq.); or
19
(ii) the Act of June 14, 1926 (com-
20
monly known as the ‘‘Recreation and Pub-
21
lic Purposes Act’’) (43 U.S.C. 869 et seq.).
22
(B) MINERAL
ESTATE.—Any conveyance
23
of the surface estate of the Federal land de-
24
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scribed in paragraph (2) shall require a reserva-
1
tion of the mineral estate to the United States.
2
SEC. 1092. PLAN FOR DOMAIN AWARENESS AT THE SOUTH-
3
ERN LAND BORDER.
4
(a) DEFINITIONS.—In this section:
5
(1) COMMON OPERATING PICTURE.—The term
6
‘‘common operating picture’’ means an integrated,
7
interoperable, near-real-time geospatial and temporal
8
display and repository of multi-source sensor, ana-
9
lytic, and operational data and intelligence designed
10
to improve situational awareness, deconfliction, and
11
coordinated response among participating agencies.
12
(2) DOMAIN AWARENESS.—The term ‘‘domain
13
awareness’’ means the aggregate understanding of
14
activities, actors, and conditions across the air, land,
15
maritime, cyber, and space domains relevant to bor-
16
der security.
17
(3) SOUTHERN
LAND
BORDER.—The term
18
‘‘southern land border’’ means the land border of
19
the United States adjacent to Mexico.
20
(b) PLAN REQUIRED.—
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 develop and submit to the
24
congressional defense committees a plan for the De-
25
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partment of Defense to contribute to a common op-
1
erating picture to improve domain awareness at the
2
southern land border.
3
(2) COMMUNICATION.—Not later than 60 days
4
after developing the plan required by paragraph (1),
5
the Secretary of Defense shall transmit the plan to
6
such interagency partners as the Secretary considers
7
appropriate.
8
(3) ELEMENTS.—The plan required by para-
9
graph (1) shall include the following:
10
(A) A description of the proposed architec-
11
ture, data sources (including Department of
12
Defense and non-Department of Defense sen-
13
sors), technical standards for interoperability,
14
and cybersecurity and data protection measures
15
for the common operating picture described in
16
such paragraph.
17
(B) A description of the procedures and
18
authorities for data sharing.
19
(C) A concept of operations describing how
20
a common operating picture would support
21
operational coordination, deconfliction, and in-
22
formation sharing among Federal, State, Trib-
23
al, local, and authorized international partners.
24
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(D) A phased implementation schedule
1
with
milestones
and
timelines
for
2
operationalizing the common operating picture
3
at the southern land border, including bench-
4
marks for capability deployment and full oper-
5
ational capability.
6
(E) An identification of resource require-
7
ments, estimated costs, and funding sources,
8
and a plan for inclusion of requirements for the
9
common operating picture in the annual budget
10
justification materials of the Department of De-
11
fense.
12
(F) Plans for training, sustainment, and
13
technical support for users across participating
14
agencies.
15
(G) Metrics and procedures for—
16
(i) assessing effectiveness; and
17
(ii) periodic review and continuous im-
18
provement.
19
(4) FORM.—The plan required by paragraph
20
(1) shall be submitted in unclassified form, but may
21
contain a classified annex as necessary.
22
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SEC. 1093. PROHIBITION ON IMPLEMENTATION OF ANY
1
POLICY THAT ALTERS THE REQUIREMENTS
2
FOR CHAPLAINS TO DISPLAY VISIBLE OFFI-
3
CER RANK ON MILITARY UNIFORMS.
4
(a) PROHIBITION.—The Secretary of Defense may
5
not implement any policy that alters the requirements for
6
chaplains to display visible officer rank on military uni-
7
forms unless expressly authorized by an Act of Congress.
8
(b) REQUIREMENT TO WEAR OFFICER RANK INSIG-
9
NIA.—The Secretary of Defense shall require chaplains
10
serving in the Armed Forces to display visible officer rank
11
insignia on military uniforms in accordance with the re-
12
quirements applicable to commissioned officers of the
13
Armed Forces.
14
(c) LIMITATION ON FUNDING.—None of the funds
15
authorized be appropriated or otherwise made available by
16
this Act may be obligated or expended to implement, ad-
17
minister, or enforce any policy that removes or obscures
18
the display of visible officer rank on the uniforms of chap-
19
lains serving in the Armed Forces.
20
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TITLE XI—CIVILIAN PERSONNEL
1
MATTERS
2
SEC. 1101. PREVAILING RATE DETERMINATIONS FOR DE-
3
FENSE INDUSTRIAL BASE.
4
(a) IN GENERAL.—Chapter 81 of title 10, United
5
States Code, is amended by adding at the end the fol-
6
lowing new section:
7
‘‘§ 1599k. Prevailing rate determinations for defense
8
industrial base
9
‘‘(a) AUTHORITY.—The Secretary of Defense, under
10
the sole and exclusive discretion of the Secretary, may es-
11
tablish the pay of prevailing rate employees located at any
12
defense industrial base facility.
13
‘‘(b) FACTORS.—Pay established under subsection
14
(a) shall be based on the Secretary’s assessment of—
15
‘‘(1) pay rates of private industry for substan-
16
tially similar work;
17
‘‘(2) the cost of living in the geographic area of
18
the defense industrial base facility concerned; and
19
‘‘(3) whether additional compensation is nec-
20
essary to incentivize recruitment and retention in a
21
specific job at a particular defense industrial base
22
facility.
23
‘‘(c) DEFINITIONS.—In this section:
24
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‘‘(1) DEFENSE INDUSTRIAL BASE FACILITY.—
1
The term ‘defense industrial base facility’ has the
2
meaning given that term in section 2208(u)(3) of
3
this title.
4
‘‘(2) PREVAILING RATE EMPLOYEE.—The term
5
‘prevailing rate employee’ has the meaning given
6
that term in section 5342 of title 5.’’.
7
(b) CLERICAL AMENDMENT.—The table of sections
8
at the beginning of chapter 81 of such title is amended
9
by adding at the end the following new item:
10
‘‘1599k. Prevailing rate determinations for defense industrial base.’’.
SEC. 1102. JOB GRADING SYSTEM FOR PREVAILING RATE
11
EMPLOYEES AT DEFENSE INDUSTRIAL BASE
12
FACILITIES.
13
(a) IN GENERAL.—Chapter 81 of title 10, United
14
States Code, is amended by adding at the end the fol-
15
lowing new section:
16
‘‘§ 1599k. Job grading system for prevailing rate em-
17
ployees at defense industrial base facili-
18
ties
19
‘‘(a) IN GENERAL.—The Secretary of Defense, under
20
the sole and exclusive discretion of the Secretary, shall es-
21
tablish and maintain a job grading system for positions
22
to which subchapter IV of chapter 53 of title 5 applies
23
that are located at any defense industrial base facility.
24
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‘‘(b) REQUIREMENTS.—In carrying out subsection
1
(a), the Secretary shall—
2
‘‘(1) establish the basic occupational alignment
3
and grade structure or structures for the job grad-
4
ing system;
5
‘‘(2) establish and define individual occupations
6
and the boundaries of each occupation;
7
‘‘(3) establish job titles within occupations;
8
‘‘(4) develop and publish job grading standards;
9
and
10
‘‘(5) provide a method to ensure consistency in
11
the application of job standards.
12
‘‘(c) DEFENSE INDUSTRIAL BASE FACILITY DE-
13
FINED.—In this section, the term ‘defense industrial base
14
facility’ has the meaning given that term in section
15
2208(u)(3) of this title.’’.
16
(b) CLERICAL AMENDMENT.—The table of sections
17
at the beginning of chapter 81 of such title is amended
18
by adding at the end the following new item:
19
‘‘1599k. Job grading system for prevailing rate employees at defense industrial
base facilities.’’.
SEC. 1103. PROBATIONARY PERIOD FOR CIVILIAN PER-
20
SONNEL OF THE UNITED STATES CYBER
21
COMMAND.
22
Section 1599f(i) of title 10, United States Code, is
23
amended—
24
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(1) in the subsection heading, by striking
1
‘‘THREE-YEAR’’; and
2
(2) by striking ‘‘three years’’ and inserting
3
‘‘two years’’.
4
SEC. 1104. ENHANCED AUTHORITY FOR TRANSFERS BE-
5
TWEEN CYBER EXCEPTED SERVICE AND COM-
6
PETITIVE SERVICE.
7
Section 1643(a)(1) of the National Defense Author-
8
ization Act for Fiscal Year 2017 (Public Law 114–328;
9
10 U.S.C. 1599f note) is amended—
10
(1) by striking, ‘‘military departments and De-
11
fense Agencies concerned’’ and inserting ‘‘the De-
12
partment of Defense’’; and
13
(2) by striking ‘‘in such military departments
14
and Defense Agencies’’.
15
SEC. 1105. REMOVAL OF DIRECT SUPPORT ACTIVITIES
16
FROM PERSONNEL LIMITATION ON THE OF-
17
FICE OF THE SECRETARY OF DEFENSE.
18
Section 143(b) of title 10, United States Code, is
19
amended by striking ‘‘(including Direct Support Activities
20
of that Office and the Washington Headquarters Services
21
of the Department of Defense)’’.
22
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SEC. 1106. PROHIBITION ON THE USE OF FUNDS FOR CAR-
1
RYING OUT A HIRING FREEZE, REDUCTION IN
2
FORCE, OR HIRING DELAY WITHOUT CAUSE
3
AT A PUBLIC SHIPYARD.
4
None of the funds authorized to be appropriated by
5
this Act or otherwise made available for fiscal year 2027
6
for the Department of Defense may be used to—
7
(1) carry out a hiring freeze at a public ship-
8
yard;
9
(2) carry out a reduction in force at a public
10
shipyard; or
11
(3) delay without cause the filling of a vacant
12
Federal civilian employee position at a public ship-
13
yard.
14
SEC. 1107. PROHIBITION ON THE USE OF FUNDS FOR CAR-
15
RYING OUT CERTAIN HIRING FREEZES, RE-
16
DUCTIONS IN FORCE, AND HIRING DELAYS.
17
(a) IN GENERAL.—None of the funds authorized to
18
be appropriated by this Act or otherwise made available
19
for fiscal year 2027 for the Department of Defense may
20
be used to—
21
(1) carry out a hiring freeze applicable to a cov-
22
ered entity;
23
(2) carry out a reduction in force applicable to
24
a covered entity; or
25
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(3) delay without cause the filling of a vacant
1
Federal civilian employee position in a covered enti-
2
ty.
3
(b) COVERED ENTITY DEFINED.—In this section, the
4
term ‘‘covered entity’’ means any entity financed through
5
a working-capital fund established under section 2208 of
6
title 10, United States Code.
7
SEC. 1108. DISCLOSURE OF TELEWORK, REMOTE WORK,
8
AND EXEMPTIONS FOR RETURN-TO-IN-PER-
9
SON-WORK REQUIREMENTS IN DEPARTMENT
10
OF DEFENSE VACANCY ANNOUNCEMENTS.
11
(a) IN GENERAL.—Not later than June 1, 2027, the
12
Secretary of Defense, and the Secretaries of the military
13
departments, shall ensure that the disclosure of telework
14
and remote work eligibility, and exemptions for return-to-
15
in-person-work requirements, is considered for all an-
16
nouncements of vacant positions in the Department of De-
17
fense.
18
(b) MILITARY SPOUSES.—The Secretary of Defense
19
shall encourage all agencies of the Department of Defense
20
to consider, consistent with merit system principles and
21
mission requirements, the use of telework and remote
22
work flexibilities to support the employment of military
23
spouses.
24
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(c) BRIEFING REQUIREMENT.—The Secretary of De-
1
fense shall brief the Committee on Armed Services of the
2
Senate and the Committee on Armed Services of the
3
House of Representatives—
4
(1) not later than July 1, 2027, on—
5
(A) the implementation of this section; and
6
(B) the data collection mechanisms to en-
7
sure successful tracking of such implementa-
8
tion; and
9
(2) annually, for three years thereafter, on—
10
(A) the implementation of this section; and
11
(B) how many vacancy announcements in-
12
clude the disclosure described in subsection (a).
13
SEC. 1109. PILOT PROGRAM TO RETAIN HIGH-PERFORMING
14
SUPERVISORS AND MANAGERS WITHIN THE
15
DEPARTMENT OF DEFENSE.
16
(a) IN GENERAL.—The Secretary of Defense may es-
17
tablish a pilot program under which the Secretary may
18
award pay, bonus, or other incentives to civilian super-
19
visors and managers in the Department of Defense, based
20
on performance metrics established by the Secretary (in
21
this section referred to as the ‘‘pilot program’’).
22
(b) DURATION.—The Secretary may carry out the
23
pilot program during the five-year period beginning on the
24
date on which the Secretary establishes the pilot program.
25
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(c) IDENTIFICATION AND NUMBER OF POSITIONS.—
1
The Secretary—
2
(1) shall identify the positions for which pay,
3
bonus, or other incentives may be awarded under the
4
pilot program; and
5
(2) may award such pay, bonus, or other incen-
6
tives for not more than 250 positions at any time.
7
(d) RATES OF SPECIAL PAY.—If so designated by the
8
President under section 5305(a)(1) of title 5, United
9
States Code, the Secretary may establish a rate for special
10
pay under such section for positions under the pilot pro-
11
gram.
12
(e) PAY, BONUS, AND INCENTIVE AUTHORITIES.—In
13
carrying out the pilot program, the Secretary may use any
14
pay, bonus, or incentive authority available to the Sec-
15
retary for the recruitment, employment, and retention of
16
civilian personnel within the Department of Defense.
17
(f) REPORTS.—
18
(1) INITIAL REPORT.—Not later than 180 days
19
after the date of the enactment of this Act, the Sec-
20
retary shall submit to the appropriate congressional
21
committees a report that includes the following:
22
(A) The number of personnel expected to
23
participate in the pilot program.
24
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(B) The criteria used to determine which
1
personnel will participate in the pilot program.
2
(C) The performance metrics used to de-
3
termine which personnel will receive pay, bonus,
4
or other incentives.
5
(2) ANNUAL
REPORTS.—One year after the
6
date of the enactment of this Act, and each year
7
thereafter until the pilot program terminates, the
8
Secretary shall submit to the appropriate congres-
9
sional committees a report that includes the fol-
10
lowing:
11
(A) An update on the information included
12
in the report required by paragraph (1).
13
(B) The pay rate used in carrying out the
14
pilot program, in aggregate and per position.
15
(C) The metrics by which the Secretary is
16
evaluating the continued performance of the
17
personnel participating in the pilot program.
18
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
19
TEES DEFINED.—In this subsection, the term ‘‘ap-
20
propriate congressional committees’’ means—
21
(A) the Committee on Armed Services and
22
the Committee on Homeland Security and Gov-
23
ernmental Affairs of the Senate; and
24
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(B) the Committee on Armed Services and
1
the Committee on Oversight and Government
2
Reform of the House of Representatives.
3
SEC. 1110. CONGRESSIONAL NOTIFICATION OF CERTAIN
4
CHANGES TO CIVILIAN WORKFORCE OF DE-
5
PARTMENT OF DEFENSE.
6
Section 1597 of title 10, United States Code, is
7
amended by adding at the end the following new sub-
8
section:
9
‘‘(f) CONGRESSIONAL NOTIFICATION
OF CERTAIN
10
CHANGES TO CIVILIAN WORKFORCE.—
11
‘‘(1) IN GENERAL.—Not later than 45 days be-
12
fore approving any change to the civilian workforce
13
of the Department of Defense that will result in a
14
loss of 50 or more full-time civilian employees of the
15
Department at any facility, the Secretary of Defense
16
shall submit to the congressional defense committees
17
written notification of such proposed change.
18
‘‘(2) ELEMENTS.—Any notification submitted
19
under paragraph (1) shall include the following:
20
‘‘(A) A description of the impact that the
21
proposed change will have on the ability to
22
maintain the missions of the facility.
23
‘‘(B) A detailed accounting of the costs of
24
implementing the proposed change.
25
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‘‘(C) An assessment of the cost of, and
1
time necessary for, restoration of any lost capa-
2
bility to meet future mission needs.’’.
3
TITLE XII—MATTERS RELATING
4
TO FOREIGN NATIONS
5
Subtitle A—Assistance and
6
Training
7
SEC. 1201. AUTHORITY TO PROVIDE ASSISTANCE TO MILI-
8
TARY FORCES OF JORDAN.
9
(a) IN GENERAL.—The Secretary of Defense is au-
10
thorized to provide assistance (including training, equip-
11
ment, logistics support, supplies, stipends, services, and
12
sustainment) to the military forces associated with the
13
Government of Jordan through December 31, 2027, for
14
the following purposes:
15
(1) Securing the territory of Jordan, including
16
all international borders of Jordan.
17
(2) Increasing stability in the Middle East re-
18
gion.
19
(3) Countering and degrading regional threats,
20
including threats posed by the Islamic State of Iraq
21
and Syria, al-Qaeda and associated and successor
22
organizations, the Muslim Brotherhood, Hamas, Pal-
23
estinian Islamic Jihad, Iran, and Iranian-backed
24
proxy groups.
25
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(4) Bolstering the capacity of the military
1
forces associated with the Government of Jordan
2
and increasing collaboration and interoperability
3
among such military forces, the United States
4
Armed Forces, and the military forces of allied and
5
partner countries.
6
(b) NOTICE BEFORE PROVISION OF ASSISTANCE.—
7
(1) IN GENERAL.—Not later than 15 days be-
8
fore the Secretary intends to exercise the authority
9
to provide assistance under this section, the Sec-
10
retary shall notify the congressional defense commit-
11
tees in writing of such intent.
12
(2) ELEMENTS.—Each notification required by
13
paragraph (1) shall include the following:
14
(A) The amount, type, and purpose of as-
15
sistance to be provided.
16
(B) An identification of the units of the
17
military forces associated with the Government
18
of Jordan that would receive such assistance.
19
(C) The goals and objectives of the provi-
20
sion of such assistance.
21
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SEC. 1202. MODIFICATION OF AUTHORITY TO PROVIDE DE-
1
FENSE
INSTITUTION
CAPACITY
BUILDING
2
FOR FRIENDLY FOREIGN COUNTRIES.
3
Section 332 of title 10, United States Code, is
4
amended—
5
(1) in subsection (a)(2), by inserting ‘‘for the
6
purposes specified in subsection (b)(1)(A)’’ before
7
the period;
8
(2) in subsection (b)(1)(A)—
9
(A) by redesignating clauses (iii) and (iv)
10
as clauses (iv) and (v), respectively; and
11
(B) by inserting after clause (ii) the fol-
12
lowing new clause (iii):
13
‘‘(iii) enhancing the legal capacity of
14
the ministry or regional organization to
15
undertake and carry out institutional func-
16
tions and security missions—
17
‘‘(I) in accordance with the law
18
of armed conflict; and
19
‘‘(II) in a manner that respects
20
human rights and fundamental free-
21
doms, the rule of law, and civilian
22
control of the military;’’; and
23
(3) by adding at the end the following new sub-
24
section:
25
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‘‘(d) FUNDING.—Funds made available to the De-
1
fense Security Cooperation Agency and any other funds
2
made available to the Department of Defense for security
3
cooperation programs and activities of the Department of
4
Defense may be used to carry out activities under sub-
5
section (a) or (b).’’.
6
SEC. 1203. MODIFICATION OF AUTHORITY TO BUILD CAPAC-
7
ITY.
8
Section 333(a) of title 10, United States Code, is
9
amended by adding at the end the following new para-
10
graphs:
11
‘‘(10) Disaster risk reduction or response oper-
12
ations.
13
‘‘(11) Space domain awareness and space oper-
14
ations.
15
‘‘(12) Foreign internal defense operations.’’.
16
SEC. 1204. ABRAHAM ACCORDS DEFENSE COOPERATION
17
INITIATIVE.
18
(a) ESTABLISHMENT.—The Secretary of Defense
19
shall establish an initiative to bolster defense cooperation
20
between the United States and the militaries of covered
21
countries, to be known as the ‘‘United States-Abraham
22
Accords Defense Cooperation Initiative’’.
23
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(b) RELATIONSHIP
TO EXISTING AUTHORITIES.—
1
The Initiative shall be carried out pursuant to the authori-
2
ties provided in title 10, United States Code.
3
(c) OBJECTIVES.—The objectives of the Initiative
4
shall include—
5
(1) deterring aggression by Iran and proxies of
6
Iran in the Middle East;
7
(2) coordination with the Comprehensive Secu-
8
rity Integration and Prosperity Agreement; and
9
(3) enhancing regional planning and coopera-
10
tion among the military forces of covered countries,
11
particularly with respect to long-term regional
12
projects such as—
13
(A) counter-unmanned aircraft systems ca-
14
pabilities;
15
(B) ground-based air defenses;
16
(C) theater ballistic missiles and cruise
17
missiles;
18
(D) intelligence, surveillance, and recon-
19
naissance and tactical command and control;
20
(E) special operations forces development;
21
(F) joint air or naval military exercises;
22
and
23
(G) any other military capability the Sec-
24
retary considers appropriate.
25
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(d) REPORT.—Not later than 60 days after the date
1
of the enactment of this Act, the Secretary shall submit
2
to the Committees on Armed Services of the Senate and
3
the House of Representatives a report setting forth—
4
(1) a strategy for achieving the objectives de-
5
scribed in subsection (c); and
6
(2) the amount of funding necessary to carry
7
out the Initiative.
8
(e) SENSE OF CONGRESS ON MATCHING FUNDS.—
9
It is the sense of Congress that the Secretary should seek
10
to require each participating covered country to contribute
11
matching funds to the Initiative.
12
(f) DEFINITIONS.—In this section:
13
(1) ABRAHAM ACCORDS COUNTRY.—The term
14
‘‘Abraham Accords country’’ means—
15
(A) a country that is a signatory of the
16
Abraham Accords Declaration, done at Wash-
17
ington September 15, 2020; and
18
(B) any regional, Arab, or Muslim-majority
19
country that has sought to normalize relations
20
with the State of Israel since 2020.
21
(2) INITIATIVE.—The term ‘‘Initiative’’ means
22
the United States-Abraham Accords Defense Co-
23
operation Initiative established under subsection (a).
24
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SEC. 1205. REDESIGNATION OF NAVAL SMALL CRAFT IN-
1
STRUCTION
AND
TECHNICAL
TRAINING
2
SCHOOL AS SPECIAL BOAT TRAINING COM-
3
MAND.
4
Section 352 of title 10, United States Code, is
5
amended—
6
(1) in the section heading, by striking ‘‘Naval
7
Small Craft Instruction and Technical
8
Training School’’ and inserting ‘‘Special
9
Boat Training Command’’;
10
(2) in subsection (a)—
11
(A) by striking ‘‘Naval Small Craft In-
12
struction and Technical Training School’’ and
13
inserting ‘‘Special Boat Training Command’’;
14
and
15
(B) by striking ‘‘the ‘School’ ’’ and insert-
16
ing ‘‘the ‘Command’ ’’;
17
(3) in subsection (c), in the matter preceding
18
paragraph (1), by striking ‘‘School’’ and inserting
19
‘‘Command’’;
20
(4) in subsection (d), by striking ‘‘School’’ and
21
inserting ‘‘Command’’;
22
(5) in subsection (e), by striking ‘‘School’’ each
23
place it appears and inserting ‘‘Command’’; and
24
(6) in subsection (f), by striking ‘‘School’’ and
25
inserting ‘‘Command’’.
26
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SEC. 1206. EXTENSION OF DEFENSE OPERATIONAL RESIL-
1
IENCE INTERNATIONAL COOPERATION PILOT
2
PROGRAM.
3
Section 1212 of the James M. Inhofe National De-
4
fense Authorization Act for Fiscal Year 2023 (10 U.S.C.
5
311 note) is amended—
6
(1) in subsection (b), by striking ‘‘December
7
31, 2027’’ and inserting ‘‘December 31, 2032’’;
8
(2) in subsection (d), by striking ‘‘2027’’ and
9
inserting ‘‘2032’’; and
10
(3) in subsection (g), in the first sentence, by
11
striking ‘‘2027’’ and inserting ‘‘2032’’.
12
SEC. 1207. FEASIBILITY REPORT ON MULTINATIONAL JUN-
13
GLE WARFARE EXERCISES IN AREA OF RE-
14
SPONSIBILITY OF UNITED STATES SOUTHERN
15
COMMAND.
16
(a) STUDY.—The Commander of the United States
17
Southern Command shall conduct a study on the feasi-
18
bility and advisability of establishing a program of recur-
19
ring multinational jungle warfare exercises with partner
20
countries in South America.
21
(b) ELEMENTS.—The study required by subsection
22
(a) shall include the following:
23
(1) An assessment of the feasibility and advis-
24
ability of establishing such a program, with a focus
25
on the following exercise purposes:
26
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(A) To enhance interoperability between
1
the United States Armed Forces and the mili-
2
tary forces of partner countries in jungle and
3
dense terrain environments.
4
(B) To improve combined capabilities in
5
small-unit tactics, reconnaissance, logistics,
6
medical support, and communications in aus-
7
tere jungle conditions.
8
(C) To strengthen regional partnerships
9
and build capacity among participating coun-
10
tries to counter transnational threats, including
11
illicit trafficking and non-state armed groups.
12
(D) To support the readiness of the United
13
States Armed Forces for operations in tropical
14
and jungle environments.
15
(2) An identification of recommended invitees
16
for such a program, including partner countries in
17
South America and any additional ally or partner
18
the Commander of the United States Southern Com-
19
mand considers appropriate.
20
(3) Recommendations on locations within the
21
area of responsibility of the United States Southern
22
Command that should be considered for the conduct
23
of exercises under such a program, including host-
24
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country training areas in South America, as agreed
1
upon with participating countries.
2
(c) COORDINATION.—The Commander of the United
3
States Southern Command shall coordinate with the Sec-
4
retary of Defense, the Secretary of State, and the head
5
of any other relevant Federal agency, as appropriate, to
6
consider whether a program of exercises under this section
7
would align with United States security cooperation objec-
8
tives in the Western Hemisphere.
9
(d) REPORT.—Not later than 180 days after the date
10
of the enactment of this Act, the Commander of the
11
United States Southern Command shall submit to the con-
12
gressional defense committees a report on the findings of
13
the study required by subsection (a).
14
SEC. 1208. REDESIGNATION OF THE AFRICA CENTER FOR
15
STRATEGIC
STUDIES
AS
THE
JAMES
M.
16
INHOFE
CENTER
FOR
AFRICA
SECURITY
17
STUDIES.
18
(a) IN GENERAL.—The Department of Defense re-
19
gional center for security studies known as the Africa Cen-
20
ter for Strategic Studies is hereby redesignated as the
21
‘‘James M. Inhofe Center for Africa Security Studies’’.
22
(b) CONFORMING AMENDMENTS.—
23
(1) REFERENCE TO REGIONAL CENTERS FOR
24
STRATEGIC STUDIES.—Section 342(b)(2)(D) of title
25
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10, United States Code, is amended by striking ‘‘Af-
1
rica Center for Strategic Studies’’ and inserting
2
‘‘James M. Inhofe Center for Africa Security Stud-
3
ies’’.
4
(2) ACCEPTANCE OF GIFTS AND DONATIONS.—
5
Section 2611(a)(2)(D) of title 10, United States
6
Code, is amended by striking ‘‘Africa Center for
7
Strategic Studies’’ and inserting ‘‘James M. Inhofe
8
Center for Africa Security Studies’’.
9
(3) PROVISION
OF
CERTAIN
ASSISTANCE
TO
10
SUDAN.—Section 1270A(b)(1) of the Sudan Demo-
11
cratic Transition, Accountability, and Fiscal Trans-
12
parency Act of 2020 (22 U.S.C. 10010(b)(1)) is
13
amended by striking ‘‘Africa Center for Strategic
14
Studies’’ and inserting ‘‘James M. Inhofe Center for
15
Africa Security Studies’’.
16
(c) REFERENCES.—Any reference to the Department
17
of Defense Africa Center for Strategic Studies in any law,
18
regulation, map, document, record, or other paper of the
19
United States shall be deemed to be a reference to the
20
James M. Inhofe Center for Africa Security Studies.
21
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SEC.
1209.
NOTIFICATION
OF
INTENT
TO
DECREASE
1
UNITED STATES ARMED FORCES PRESENCE
2
IN NORTH ATLANTIC TREATY ORGANIZATION
3
MEMBER COUNTRY.
4
(a) IN GENERAL.—Not less than 120 days before de-
5
creasing the permanent or rotational United States Armed
6
Forces presence in a North Atlantic Treaty Organization
7
member country, the Secretary of Defense shall submit to
8
the congressional defense committees an assessment of
9
North Atlantic Treaty Organization deterrence efforts, in-
10
cluding a description and evaluation of the following:
11
(1) Current United States force posture in
12
North Atlantic Treaty Organization member coun-
13
tries, and whether such force posture maintains an
14
adequate level of deterrence for such countries.
15
(2) Allied military force posture in each country
16
on the eastern flank of the North Atlantic Treaty
17
Organization.
18
(3) The manner in which decreasing the United
19
States Armed Forces presence, as of the date of the
20
enactment of this Act, will change the overall deter-
21
rence posture of the North Atlantic Treaty Organi-
22
zation.
23
(4) Consultations with North Atlantic Treaty
24
Organization allies regarding efforts to identify and
25
backfill, or otherwise mitigate, the capability gap re-
26
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sulting from the proposed decrease in the permanent
1
or rotational United States Armed Forces presence
2
in the North Atlantic Treaty Organization member
3
country concerned.
4
(b) APPLICABILITY.—Subsection (a) shall not apply
5
in the event that the President—
6
(1) identifies a need for an immediate use of
7
military force that necessitates decreasing the per-
8
manent or rotational United States Armed Forces
9
presence in a North Atlantic Treaty Organization
10
member country; and
11
(2) delivers a War Powers Report to Congress
12
as outlined in section 4(a) of the War Powers Act
13
(50 U.S.C. 1543(a)).
14
Subtitle B—Matters Relating to the
15
Middle East
16
SEC. 1211. ASSISTANCE TO LEBANESE ARMED FORCES FOR
17
COUNTERING HEZBOLLAH AND OTHER TER-
18
RORIST GROUPS.
19
(a) IN GENERAL.—The Secretary of Defense is au-
20
thorized to provide assistance for training, equipment, and
21
sustainment to vetted divisions of the Lebanese Armed
22
Forces for purposes of—
23
(1)
taking
meaningful
steps
to
prevent
24
Hezbollah, the Islamic State of Iraq and Syria, al-
25
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Qaeda, the Muslim Brotherhood, Hamas, Palestinian
1
Islamic Jihad, and all United States-designated ter-
2
rorist organizations in the territory of Lebanon from
3
carrying out any attacks, operations, or hostile ac-
4
tivities against United States interests and the inter-
5
ests of allies and partners of the United States; and
6
(2) bolstering the capacity of the Lebanese
7
Armed Forces to disarm Hezbollah completely.
8
(b) PRIORITIZATION.—In allocating the funds au-
9
thorized to be appropriated for the provision of assistance
10
under this section, the Secretary shall prioritize the train-
11
ing and equipping of appropriately vetted special oper-
12
ations units and associated enabling forces of the Leba-
13
nese Armed Forces.
14
(c) AVAILABILITY OF FUNDS.—The total amount of
15
funds used to provide assistance under subsection (a) may
16
not exceed $36,000,000.
17
(d) NOTICE BEFORE PROVISION OF ASSISTANCE.—
18
Of the funds authorized to be appropriated for the
19
Counter-ISIS Train and Equip Fund, as specified in the
20
funding table in section 4501, not more than five percent
21
of such funds shall be obligated until the date on which
22
the Secretary certifies to the congressional defense com-
23
mittees that—
24
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(1) the Government of Lebanon has declared
1
Hezbollah’s military activities illegal;
2
(2) the Lebanese Armed Forces are acting in
3
accordance with the goal of disarming Hezbollah
4
completely;
5
(3) the Lebanese Armed Forces are actively de-
6
nying efforts, including by the Government of Iran,
7
to send weapons, supplies, and financial support to
8
Hezbollah;
9
(4) the Lebanese Armed Forces are acting to
10
prevent Hezbollah from threatening or attacking the
11
neighboring countries of Lebanon; and
12
(5) the commander of the Lebanese Armed
13
Forces is following and implementing directives of
14
the Government of Lebanon regarding—
15
(A) the establishment of a monopoly of
16
force within Lebanon; and
17
(B) the disarmament of Hezbollah.
18
(e) QUARTERLY REPORTS.—
19
(1) IN GENERAL.—Not later than March 31,
20
2027, and every 90 days thereafter, the Secretary
21
shall submit to the congressional defense committees
22
a report that contains the following:
23
(A) An explanation of the vetting process
24
used by the Department of Defense to ensure
25
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the commitment of recipients of assistance
1
under subsection (a) to the goals set forth in
2
subsection (d).
3
(B) An assessment of the willingness and
4
capacity of the Lebanese Armed Forces to con-
5
front and disarm Hezbollah.
6
(C) An assessment of the willingness and
7
capacity of special operations units of the Leba-
8
nese Armed Forces to confront and disarm
9
Hezbollah.
10
(D) An assessment of any significant gaps
11
in the capability of special operations units of
12
the Lebanese Armed Forces to confront and
13
disarm Hezbollah, if any, and a plan to close
14
any such gaps, including metrics over time and
15
an identification of required training and equip-
16
ment.
17
(E) For the preceding quarter—
18
(i) information on the number and
19
type of weapons the Lebanese Armed
20
Forces have seized from Hezbollah;
21
(ii) an assessment of the extent to
22
which actions taken by the Lebanese
23
Armed Forces against Hezbollah have de-
24
graded the capabilities of Hezbollah; and
25
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(iii) an assessment of the extent to
1
which Iran has been able to maintain its
2
support for Hezbollah.
3
(F) An assessment of the threat posed by
4
Hezbollah to Israel and Syria, and whether
5
such threat has increased or decreased, as com-
6
pared to the preceding quarter.
7
(G) The number of personnel of the Leba-
8
nese Armed Forces who have been deployed in
9
the counter-Hezbollah mission, and an assess-
10
ment of whether the Lebanese Armed Forces
11
have deployed sufficient troops to support such
12
mission.
13
(H) The number of special forces per-
14
sonnel recruited into the Lebanese Armed
15
Forces and the confessional religious makeup of
16
such forces.
17
(I) With respect to the provision of assist-
18
ance under this section to such special forces
19
personnel—
20
(i) the type and amount of training
21
provided;
22
(ii) a description of the equipment
23
provided; and
24
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(iii) the number of training exercises
1
conducted.
2
(J) Any other information the Secretary
3
considers appropriate.
4
(2) FORM.—Each report required by paragraph
5
(1) shall be submitted in unclassified form but may
6
contain a classified annex.
7
(f) SUSPENSION OF DEPARTMENT OF DEFENSE SUP-
8
PORT TO LEBANESE ARMED FORCES.—
9
(1) IN GENERAL.—If the Secretary determines,
10
in any of the quarterly reports required by sub-
11
section (e), that the Lebanese Armed Forces has the
12
capability to make progress in confronting and dis-
13
arming Hezbollah, but is unwilling to do so, or that
14
the Lebanese Armed Forces is not acting against
15
Hezbollah commensurate with the capabilities of the
16
Lebanese Armed Forces, the Secretary shall—
17
(A) suspend the provision of Department
18
of Defense support to the Lebanese Armed
19
Forces; and
20
(B) not later than five business days after
21
making such a determination, notify the con-
22
gressional defense committees of the determina-
23
tion.
24
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(2) INAPPLICABILITY.—A suspension under
1
paragraph (1) shall not apply to assistance provided
2
under section 333 of title 10, United States Code.
3
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
4
tion may be construed to constitute a specific statutory
5
authorization for the introduction of United States Armed
6
Forces into hostilities or into situations in which hostilities
7
are clearly indicated by the circumstances.
8
(h) TERMINATION.—The authority to provide assist-
9
ance under this section shall cease to have effect on De-
10
cember 31, 2027.
11
SEC. 1212. EXTENSION OF AUTHORITY FOR REIMBURSE-
12
MENT OF CERTAIN COALITION NATIONS FOR
13
SUPPORT PROVIDED TO UNITED STATES
14
MILITARY OPERATIONS.
15
Section 1233 of the National Defense Authorization
16
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
17
393) is amended—
18
(1) in subsection (a), in the matter preceding
19
paragraph (1), by striking ‘‘beginning on October 1,
20
2025, and ending on December 31, 2026’’ and in-
21
serting ‘‘beginning on October 1, 2026, and ending
22
on December 31, 2028’’; and
23
(2) in subsection (d)(1), by striking ‘‘beginning
24
on October 1, 2025, and ending on December 31,
25
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2026’’ and inserting ‘‘beginning on October 1, 2026,
1
and ending on December 31, 2028’’.
2
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY
3
TO PROVIDE ASSISTANCE TO VETTED SYRIAN
4
GROUPS AND INDIVIDUALS.
5
Section 1209 of the Carl Levin and Howard P.
6
‘‘Buck’’ McKeon National Defense Authorization Act for
7
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)
8
is amended—
9
(1) in subsection (a)—
10
(A) in the matter preceding paragraph (1),
11
by striking ‘‘December 31, 2026’’ and inserting
12
‘‘December 31, 2027’’; and
13
(B) in paragraph (4), in the matter pre-
14
ceding subparagraph (A), by striking ‘‘Islamic
15
State of Iraq and Syria’’;
16
(2) by redesignating subsections (b) through (n)
17
as subsections (c) through (o), respectively;
18
(3) by inserting after subsection (a) the fol-
19
lowing new subsection (b):
20
‘‘(b) LIMITATION ON USE OF FUNDS.—None of the
21
funds authorized to be appropriated to carry out this sec-
22
tion may be expended for cooperation with the Govern-
23
ment of Syria until the date on which the Secretary of
24
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Defense certifies to the congressional defense committees
1
that the Government of Syria has taken credible steps—
2
‘‘(1) to remove all foreign fighters and jihadists
3
from the military forces of Syria and from other
4
services of the Government of Syria;
5
‘‘(2) to disarm all foreign fighters and jihadists
6
who remain in Syria;
7
‘‘(3) to implement a system to monitor foreign
8
fighters and jihadists so as to prevent attacks on the
9
United States and allies and partners of the United
10
States, including the Kurdish-led Syrian Democratic
11
Forces;
12
‘‘(4) with respect to individuals who pose a
13
threat to the security of the United States or the se-
14
curity of allies and partners of the United States, to
15
prohibit the issuance of visas, passports, travel per-
16
mits, or other legal documents for purposes of entry
17
into Syria;
18
‘‘(5) to counter al-Qaeda and associated and
19
successor groups;
20
‘‘(6) to prevent members and leaders of al-
21
Qaeda and associated and successor groups from en-
22
tering or remaining in Syria, with the aim of pre-
23
venting such individuals and organizations from
24
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launching external attacks on the United States and
1
allies and partners of the United States;
2
‘‘(7) to implement a system to fairly integrate
3
into the military forces of Syria the Syrian Defense
4
Forces, which have been long-time partners of the
5
United States in countering the Islamic State of
6
Iraq and Syria; and
7
‘‘(8) to prevent attacks and violence against the
8
Kurds and Druze of Syria.’’;
9
(4) in subsection (d), as redesignated, by strik-
10
ing ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’;
11
and
12
(5) in subsection (e)(2)(J), as redesignated, in
13
the matter preceding clause (i), by striking ‘‘Islamic
14
State of Iraq and Syria’’.
15
SEC. 1214. EXTENSION AND MODIFICATION OF AUTHORITY
16
TO PROVIDE ASSISTANCE TO COUNTER THE
17
ISLAMIC STATE OF IRAQ AND SYRIA.
18
Section 1236 of the Carl Levin and Howard P.
19
‘‘Buck’’ McKeon National Defense Authorization Act for
20
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)
21
is amended—
22
(1) in subsection (a)—
23
(A) in the matter preceding paragraph
24
(1)—
25
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(i) by inserting ‘‘equipment and train-
1
ing to counter threats from unmanned aer-
2
ial systems,’’ after ‘‘$6,000,000,’’; and
3
(ii) by striking ‘‘December 31, 2026’’
4
and all that follows through ‘‘Defending’’
5
in paragraph (1) and inserting ‘‘December
6
31, 2027 for defending’’; and
7
(B) by striking paragraph (2);
8
(2) by redesignating subsections (b), (c), and
9
(e) through (o) as subsections (d), (e), and (f)
10
through (p), respectively;
11
(3) by inserting after subsection (a) the fol-
12
lowing new subsections (b) and (c):
13
‘‘(b) CERTIFICATION.—
14
‘‘(1) IN GENERAL.—Except as provided in para-
15
graph (3), of the funds authorized to be appro-
16
priated under this section, not more than 25 percent
17
of such funds may be obligated or expended until the
18
date on which the Secretary of Defense certifies to
19
the appropriate congressional committees that the
20
Government of Iraq has taken credible steps—
21
‘‘(A) to prevent attacks by Iran, Iranian-
22
linked proxy groups, and Iranian-backed Shia
23
militia groups against—
24
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‘‘(i) United States forces, facilities,
1
and interests in Iraq; and
2
‘‘(ii) allies and partners of the United
3
States in Iraq, including such allies and
4
partners in the Kurdistan region of Iraq;
5
‘‘(B) to investigate and hold accountable
6
any Iraqi who participates in such attacks; and
7
‘‘(C) to gain further operational control
8
over Iran-backed Shia militia groups under the
9
control of the Iraqi Security Forces, with the
10
Prime Minister of Iraq as the commander in
11
chief, in order to end Iran’s financial support to
12
and control over such militia groups.
13
‘‘(2) DETERMINATION.—In the event that the
14
Secretary of Defense is unable to make the certifi-
15
cation described in paragraph (1) because the Gov-
16
ernment of Iraq has not taken credible steps with re-
17
spect to an action described in any of subparagraphs
18
(A) through (C) of that paragraph, the Secretary
19
may—
20
‘‘(A) submit to the appropriate congres-
21
sional committees a plan to provide direct de-
22
fensive support to Kurdish Peshmerga forces;
23
and
24
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‘‘(B) not earlier than five business days
1
after the date on which the appropriate con-
2
gressional committees receive such plan, com-
3
mence implementation of the plan.
4
‘‘(3) APPLICABILITY.—The limitation on use of
5
funds and the certification requirement under para-
6
graph (1) shall not apply to funds authorized to be
7
appropriated for the Iraqi Counter Terrorism Serv-
8
ice or Kurdish Peshmerga forces.
9
‘‘(c) FUNDS FOR KURDISH PESHMERGA FORCES.—
10
Of the funds authorized to be appropriated to carry out
11
subsection (a), not less than 50 percent of such funds shall
12
be directed toward provision of assistance to Kurdish
13
Peshmerga forces.’’;
14
(4) in subsection (e), as redesignated, in the
15
matter preceding paragraph (1), by striking ‘‘sub-
16
section
(b)(1)(A)’’
and
inserting
‘‘subsection
17
(d)(1)(A)’’;
18
(5) in subsection (j), as redesignated—
19
(A) in paragraph (1)(C)(i), by striking
20
‘‘subsection (k)(2)’’ and inserting ‘‘subsection
21
(l)(2)’’;
22
(B) by striking paragraph (2); and
23
(C) by redesignating paragraph (3) as
24
paragraph (2);
25
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(6) in subsection (l), as redesignated—
1
(A) in paragraph (1), by striking subpara-
2
graph (D); and
3
(B) in paragraph (2)—
4
(i) in subparagraph (A)—
5
(I) by striking ‘‘and enhance’’
6
and inserting ‘‘or enhance’’; and
7
(II)
by
striking
‘‘supporting
8
international coalition efforts’’ and in-
9
serting ‘‘defending’’;
10
(ii) in subparagraph (B)(ii), by strik-
11
ing ‘‘subsection (i)(1)(C)’’ and inserting
12
‘‘subsection (j)(1)(C)’’; and
13
(iii) in subparagraph (C), by striking
14
‘‘subsection (j)’’ and inserting ‘‘subsection
15
(k)’’; and
16
(7) in subsection (o)(6), as redesignated, by
17
striking ‘‘December 31, 2026’’ and inserting ‘‘De-
18
cember 31, 2027’’.
19
SEC. 1215. MODIFICATION OF UNITED STATES-ISRAEL SUB-
20
TERRANEAN OPERATIONS COOPERATION.
21
Section 1279 of the National Defense Authorization
22
Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C.
23
8606 note) is amended—
24
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(1) in the section heading, by striking ‘‘ANTI-
1
TUNNEL’’ and inserting ‘‘SUBTERRANEAN OPER-
2
ATIONS’’;
3
(2) in subsection (a)—
4
(A) in the subsection heading, by striking
5
‘‘ANTI-TUNNEL’’ and inserting ‘‘SUBTERRA-
6
NEAN OPERATIONS’’; and
7
(B) in paragraph (1), in the first sentence,
8
by inserting ‘‘and subterranean operations’’
9
after ‘‘anti-tunnel’’; and
10
(3) in subsection (b)—
11
(A) in paragraph (1), in the first sentence,
12
by inserting ‘‘and subterranean operations’’
13
after ‘‘anti-tunnel’’;
14
(B) in paragraph (3)(B), by inserting ‘‘and
15
subterranean operations’’ after ‘‘anti-tunnel’’;
16
and
17
(C)
in
paragraph
(4),
by
striking
18
‘‘$80,000,000’’ and inserting ‘‘$100,000,000’’.
19
SEC. 1216. MODIFICATION OF UNITED STATES-ISRAEL CO-
20
OPERATION TO COUNTER UNMANNED SYS-
21
TEMS IN ALL WARFIGHTING DOMAINS.
22
Section 1278(b)(4) of the National Defense Author-
23
ization Act for Fiscal Year 2020 (22 U.S.C. 8606 note)
24
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is amended by striking ‘‘$70,000,000’’ and inserting
1
‘‘$100,000,000’’.
2
SEC. 1217. UNITED STATES-ISRAEL FRAMEWORK FOR UP-
3
GRADED
TECHNOLOGIES,
UNIFIED
RE-
4
SEARCH, AND ENHANCED SECURITY (FU-
5
TURES) ACT OF 2026.
6
(a) ESTABLISHMENT
OF
THE UNITED STATES–
7
ISRAEL DEFENSE TECHNOLOGY COOPERATION INITIA-
8
TIVE.—
9
(1) ESTABLISHMENT.—The Secretary of De-
10
fense, in consultation with the Minister of Defense
11
of Israel, shall establish a cooperative initiative, to
12
be known as the ‘‘United States-Israel Defense
13
Technology Cooperation Initiative’’, to expand and
14
accelerate bilateral defense technology research, de-
15
velopment, testing, evaluation, coordination, and in-
16
dustrial cooperation by—
17
(A) identifying jointly developed or Israeli-
18
origin technologies with operational utility for
19
integration into United States systems and pro-
20
grams of record;
21
(B) conducting collaborative research ini-
22
tiatives involving government, private sector,
23
and academic institutions in the United States
24
and Israel, in a manner that protects sensitive
25
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technology and information and the national se-
1
curity interests of the United States and Israel;
2
(C) facilitating the transition of tech-
3
nologies from research and development into
4
procurement and acquisition pathways;
5
(D) establishing frameworks for joint ven-
6
tures, licensing agreements, and United States-
7
based co-production or manufacturing partner-
8
ships with Israeli industry;
9
(E) coordinating with relevant Department
10
of Defense components, including the Irregular
11
Warfare Technical Support Directorate, capa-
12
bility development and innovation divisions, the
13
Defense Innovation Unit, the United States-
14
Israel Operations Technology Working Group,
15
the Defense Advanced Research Projects Agen-
16
cy, the Missile Defense Agency and United
17
States Space Command, and the military serv-
18
ices, to align efforts and avoid duplication; and
19
(F) promoting joint training exercises and
20
information-sharing mechanisms to enhance
21
operational readiness to deploy jointly developed
22
technologies.
23
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(2) INITIATIVE DOMAINS.—The Initiative shall
1
be carried out through cooperative efforts in do-
2
mains such as the following:
3
(A) Counter-Unmanned Systems including
4
aerial, maritime, and ground platforms.
5
(B)
Anti-tunneling
and
subterranean
6
threats.
7
(C) Missile and air defense technologies,
8
including Golden Dome for America.
9
(D) Artificial intelligence, quantum, ma-
10
chine learning, and autonomous systems.
11
(E) Directed energy and advanced sensing.
12
(F) Cyber defense, electronic warfare, and
13
digital resilience.
14
(G) Biotechnology, biomanufacturing, and
15
medical defense.
16
(H) Network integration, data fusion, and
17
contested logistics.
18
(I) Defense industrial base cooperation,
19
manufacturing, and co-production.
20
(J) Other emerging technologies to address
21
medium- or long-term threats as jointly agreed
22
to by the United States and Israel.
23
(b) REPORTING.—
24
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(1) INTERIM
PROGRESS
UPDATE.—Not later
1
than 180 days after the date of the enactment of
2
this Act, the Secretary of Defense shall provide to
3
the congressional defense committees an interim
4
briefing or written update describing—
5
(A) steps taken to stand up the Initiative;
6
(B) early coordination with Israeli counter-
7
parts;
8
(C) initial technology areas identified for
9
accelerated cooperation and technologies with
10
operational utility for integration into United
11
States systems and programs of record;
12
(D) Department of Defense components
13
designated to lead implementation;
14
(E) any early transition, prototyping, or
15
integration activities initiated during the period
16
covered by the update; and
17
(F) any co-production agreements success-
18
fully negotiated, including production locations
19
and cost-sharing arrangements.
20
(2) ANNUAL REPORT.—Not later than 1 year
21
after the date of the enactment of this Act, and an-
22
nually thereafter, the Secretary of Defense shall sub-
23
mit to the congressional defense committees a report
24
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on implementation of the program established under
1
this section. Each such report shall include—
2
(A) a description of activities conducted
3
under the program;
4
(B) an assessment of progress made in ad-
5
vancing shared national security interests;
6
(C) an assessment of the program’s col-
7
laboration with other relevant Department pro-
8
grams, including the United States-Israel oper-
9
ations-technology working group and United
10
States-Israel cooperative programs run by the
11
capability development and innovation division
12
and the irregular warfare technical support di-
13
rectorate;
14
(D)
a
description
of
technologies
15
transitioned into United States acquisition pro-
16
grams or fielded systems;
17
(E) a description of partnerships estab-
18
lished with United States and Israeli industry,
19
including production locations and cost-sharing
20
arrangements; and
21
(F) recommendations for future priorities
22
and assessment of resource needs, including
23
further authorities necessary to promote the
24
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long-term integration of joint capabilities be-
1
tween the United States and Israel.
2
(3) FORM.—Each report required under para-
3
graph (2) shall be submitted in unclassified form but
4
may include a classified annex.
5
(4) PUBLIC TRANSPARENCY.—The Secretary of
6
Defense shall make available on a publicly accessible
7
website of the Department of Defense periodic, un-
8
classified updates, to the maximum extent prac-
9
ticable, on activities conducted under the Initiative,
10
including a description of how these activities con-
11
tribute to American technological and military su-
12
premacy and bolster the United States defense in-
13
dustrial base. Such updates shall be made in a man-
14
ner that ensures that classified information or other
15
information that would compromise operational secu-
16
rity, export controls, or sensitive technology are not
17
released.
18
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Subtitle C—Matters Relating to Eu-
1
rope and the Russian Federa-
2
tion
3
SEC. 1221. 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
117–263; 136 Stat. 2847) is amended by striking ‘‘or
11
2026’’ and inserting ‘‘2026, or 2027’’.
12
SEC. 1222. OVERSIGHT OF UNITED STATES MILITARY POS-
13
TURE IN EUROPE.
14
(a) PROHIBITION ON USE OF FUNDS.—Until the
15
date that is 90 days after the date on which the Com-
16
mander of the United States European Command and the
17
Secretary of Defense, in consultation with the heads of
18
other relevant Federal departments and agencies, have
19
each, independently, submitted to the congressional de-
20
fense committees the certification described in subsection
21
(b) and the applicable assessment described in subsection
22
(c), none of the amounts authorized to be appropriated
23
by this Act or otherwise made available for fiscal year
24
2027 may be obligated or expended—
25
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(1) to reduce the total number of members of
1
the Armed Forces permanently stationed in or de-
2
ployed to the area of responsibility of the United
3
States European Command to below 76,000 for
4
longer than a 45-day period;
5
(2) to divest, consolidate, or otherwise return to
6
a host country any parcel of land or facility located
7
on real property under the jurisdiction of the United
8
States European Command as of June 1, 2025;
9
(3) to divest, redeploy, withdraw, or otherwise
10
permanently move out of the area of responsibility of
11
the United States European Command any Depart-
12
ment of Defense equipment or physical property
13
with an initial purchase value of more than
14
$500,000 and positioned in such area of responsi-
15
bility as of June 1, 2025; or
16
(4) to relinquish the role of the Commander of
17
the United States European Command as North At-
18
lantic Treaty Organization Supreme Allied Com-
19
mander Europe.
20
(b) CERTIFICATION DESCRIBED.—The certification
21
described in this subsection is a certification that a pro-
22
posed action described in any of paragraphs (1) through
23
(4) of subsection (a)—
24
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(1) is in the national security interest of the
1
United States; and
2
(2) is being undertaken only after appropriate
3
consultations with all North Atlantic Treaty Organi-
4
zation (NATO) allies and relevant non-NATO part-
5
ners.
6
(c) ASSESSMENT DESCRIBED.—
7
(1) IN GENERAL.—An assessment described in
8
this subsection is the following:
9
(A) In the case of a proposed action de-
10
scribed in any of paragraphs (1) through (3) of
11
subsection (a)—
12
(i) an analysis of the impact of such
13
an action on—
14
(I) the security of the United
15
States;
16
(II) the ability of the Armed
17
Forces to provide forward defense of
18
the United States;
19
(III) NATO’s defense and deter-
20
rent posture against current and fu-
21
ture Russian aggression, as well as
22
the security of NATO as a whole; and
23
(IV) the ability of the United
24
States to meet national NATO capa-
25
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bility targets, commitments to the
1
NATO Force Model, regional and the-
2
ater
campaign
plans,
and
other
3
warfighting requirements;
4
(ii) an analysis of the impact of such
5
an action on the ability of the Armed
6
Forces to execute contingency plans of the
7
Department of Defense, including those in
8
the area of responsibility of United States
9
European Command or in support of oper-
10
ations and crisis response in the areas of
11
responsibility of the United States Central
12
Command and the United States Africa
13
Command;
14
(iii) a description of the specific re-
15
quirements being prioritized that neces-
16
sitate such an action;
17
(iv) a detailed analysis of the costs, as
18
a result of such an action, for relocation of
19
personnel, equipment, and associated infra-
20
structure;
21
(v) an analysis of the impact of such
22
an action on military training and major
23
military exercises, including on interoper-
24
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ability and joint activities with NATO al-
1
lies and partners;
2
(vi) a description of consultations re-
3
garding such an action with each NATO
4
ally and all relevant non-NATO partners;
5
(vii) an assessment of the impact of
6
such an action on the credibility of United
7
States extended deterrence commitments
8
to NATO allies and the potential for nu-
9
clear proliferation in the European theater;
10
(viii) an assessment of the impact of
11
such an action on transatlantic cooperation
12
to deter potential threats from the People’s
13
Republic of China; and
14
(ix) with respect to an assessment
15
under this subparagraph relating to a pro-
16
posed action described in subsection (a)(1),
17
an articulation of the plan, generated in
18
coordination with NATO allies, to ensure
19
that other members of NATO have avail-
20
able capabilities and capacity to assume
21
the roles and responsibilities of the United
22
States Armed Forces to be withdrawn as a
23
result of such action.
24
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(B) In the case of a proposed action de-
1
scribed in paragraph (4) of subsection (a)—
2
(i) an explanation of the role of
3
United States nuclear weapons in sup-
4
porting NATO operations and activities
5
following such action, including changes to
6
command and control relationships and ad-
7
justments to the United States nuclear
8
posture;
9
(ii) a description of consultations re-
10
garding such action with all NATO allies
11
and relevant non-NATO partners, includ-
12
ing through the Nuclear Planning Group
13
of NATO;
14
(iii) an assessment of the impact of
15
such action on the effectiveness of NATO
16
nuclear deterrence;
17
(iv) a risk assessment of—
18
(I) the nuclear capabilities of
19
NATO allies; and
20
(II) the potential for nuclear pro-
21
liferation in Europe; and
22
(v) a risk assessment of—
23
(I) the capability and capacity of
24
nuclear-armed NATO allies to effec-
25
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tively deter and, if necessary, defeat
1
likely adversaries in the nuclear do-
2
main absent a United States com-
3
mander serving in the role of North
4
Atlantic Treaty Organization Supreme
5
Allied Commander Europe;
6
(II) changes to be made to exist-
7
ing United States contingency plans if
8
other NATO member countries with
9
nuclear capabilities were to provide
10
extended nuclear deterrence to NATO;
11
and
12
(III) the impact of such provision
13
of extended nuclear deterrence on
14
United States nuclear posture and de-
15
terrence planning requirements.
16
(2) COORDINATION
REQUIRED.—In independ-
17
ently conducting the assessments described in
18
clauses (iv) and (v) of paragraph (1)(B) with respect
19
to a proposed action described in subsection (a)(4),
20
the Secretary of Defense shall coordinate such as-
21
sessment—
22
(A) with the Chairman of the Joint Chiefs
23
of Staff, with respect to the independent risk
24
assessment described in such clause (iv); and
25
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(B) with the Commander of the United
1
States Strategic Command, with respect to the
2
independent assessment described in such
3
clause (v).
4
(d) FORM.—
5
(1)
CERTIFICATION.—The
certification
de-
6
scribed in subsection (b) shall be submitted in un-
7
classified form.
8
(2) ASSESSMENT.—The assessment described in
9
subsection (c) shall be submitted in unclassified
10
form but may include a classified annex.
11
(3) PROHIBITION ON MODIFICATION.—Any as-
12
sessment required under this section shall be sub-
13
mitted to the congressional defense committees with-
14
out modification or alteration.
15
(e) SUNSET.—The limitation under subsection (a)
16
shall terminate on December 31, 2028.
17
SEC. 1223. INTELLIGENCE SUPPORT FOR UKRAINE.
18
(a) IN GENERAL.—The Secretary of Defense shall
19
provide intelligence support, including information, intel-
20
ligence, and imagery collection authorized under title 10,
21
United States Code, to the Government of Ukraine for the
22
purpose of supporting military operations of the Govern-
23
ment of Ukraine that are intended to defend and retake
24
the territory of Ukraine.
25
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(b) TERRITORY OF UKRAINE DEFINED.—In this sec-
1
tion, the term ‘‘territory of Ukraine’’ includes all territory
2
internationally recognized to be the sovereign territory of
3
Ukraine, including Crimea and the territory the Russian
4
Federation claims to have annexed in Kherson Oblast,
5
Zaporizhzhia Oblast, Donetsk Oblast, and Luhansk Ob-
6
last.
7
SEC. 1224. UNITED STATES-UKRAINE STRATEGIC DEFENSE
8
INNOVATION WORKING GROUP.
9
(a) ESTABLISHMENT.—
10
(1) IN GENERAL.—Not later than 90 days after
11
the date of the enactment of this Act, the Secretary
12
of Defense, in coordination with the Secretary of
13
State, shall seek to engage with relevant stake-
14
holders in Ukraine to establish a United States-
15
Ukraine Strategic Defense Innovation Working
16
Group (referred to in this section as the ‘‘Working
17
Group’’) to explore—
18
(A) pathways for the co-development, co-
19
production, acquisition, and transfer of covered
20
systems;
21
(B) the development of related mutual
22
technology transfer frameworks; and
23
(C) the mutual transmission of unmanned
24
aerial systems expertise.
25
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(2) COMPOSITION.—
1
(A)
CO-CHAIRS.—The
Working
Group
2
shall be co-chaired by the following:
3
(i) The Under Secretary of Defense
4
for Acquisition and Sustainment.
5
(ii) The Director of the Defense Inno-
6
vation Unit.
7
(iii) The Director of the Joint Inter-
8
agency Task Force 401.
9
(B) ADDITIONAL
DEPARTMENT
OF
DE-
10
FENSE
PARTICIPANTS.—The Working Group
11
shall include participation by representatives of
12
the following:
13
(i) The Under Secretary of Defense
14
for Policy.
15
(ii) The United States Special Oper-
16
ations Command.
17
(iii) Any other representative of the
18
Department of Defense the Secretary of
19
Defense considers appropriate.
20
(C) OTHER PARTICIPANTS.—The Secretary
21
of Defense shall seek the participation in the
22
Working Group of representatives of the fol-
23
lowing:
24
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(i) The Ministry of Defense of
1
Ukraine.
2
(ii) The military forces of Ukraine.
3
(iii) The Brave1 Defense Tech Clus-
4
ter.
5
(iv) The North Atlantic Treaty Orga-
6
nization-Ukraine Joint Analysis, Training,
7
and Education Center.
8
(v) Any other entity mutually agreed
9
upon by the Secretary of Defense and the
10
Minister of Defense of Ukraine.
11
(b) DUTIES AND RESPONSIBILITIES.—
12
(1) IN GENERAL.— The co-chairs of the Work-
13
ing Group shall be responsible for engaging with the
14
other participants in the Working Group—
15
(A) to systematically analyze and apply
16
lessons learned from the methodologies em-
17
ployed by the military forces of Ukraine and the
18
domestic defense industrial base of Ukraine to
19
accelerate the development, production, and
20
fielding of covered systems;
21
(B) to identify the Ukraine-designed cov-
22
ered systems that—
23
(i) have demonstrated high oper-
24
ational utility in active combat; and
25
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(ii) offer strategic capability enhance-
1
ments for the United States Armed
2
Forces;
3
(C) to provide recommendations to expand
4
and improve incorporation of Ukraine-designed
5
covered systems into Department of Defense
6
programs, including Blue UAS, the Drone
7
Dominance Program, and service acquisition
8
programs;
9
(D) to develop defense trade foundational
10
agreements between the United States and
11
Ukraine, including—
12
(i) a mutual technology transfer
13
framework, which shall include—
14
(I) mutual data exchange proto-
15
cols to facilitate the secure sharing of
16
relevant battlefield and military infor-
17
mation, such as telemetry data and
18
other electronic warfare signal pro-
19
files; and
20
(II) joint intellectual property
21
ownership frameworks that—
22
(aa) protect the background
23
intellectual property of all par-
24
ticipants; and
25
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(bb) facilitate the co-devel-
1
opment and co-production of
2
Ukraine-designed
covered
sys-
3
tems; and
4
(ii) a memorandum of understanding
5
on reciprocal defense procurement; and
6
(E) to assess the feasibility of testing
7
United States-manufactured covered systems in
8
Ukraine, including by deploying United States-
9
manufactured covered systems to operational
10
units of Ukraine for evaluation and use in ac-
11
tive combat scenarios.
12
(2) MEETINGS.—The Working Group shall con-
13
vene not less frequently than once every 120 days,
14
with meeting frequency determined by the co-chairs,
15
in consultation with the other participants in the
16
Working Group.
17
(c) PRIORITIZATION
OF UKRAINE-DESIGNED COV-
18
ERED SYSTEMS.—
19
(1) IN GENERAL.—The co-chairs of the Work-
20
ing Group shall prioritize the Ukraine-designed cov-
21
ered systems identified under subsection (b)(1)(B)
22
for co-development, co-production, and acquisition,
23
including by—
24
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(A) analyzing the extent to which Ukraine-
1
designed covered systems meet existing statu-
2
tory requirements with respect to fielding;
3
(B) identifying authorities that may be
4
used to accelerate the establishment and ap-
5
proval of joint ventures, cooperative production
6
agreements, or licensed production agreements
7
involving the Department of Defense and the
8
military forces of Ukraine;
9
(C) identifying authorities that may be
10
used to accelerate procurement pathways for
11
Ukraine-designed covered systems;
12
(D) conducting a detailed supply chain as-
13
sessment of the components and inputs that
14
would be used in the co-production of Ukraine-
15
designed covered systems;
16
(E) identifying the costs associated with
17
co-developing and co-producing Ukraine-de-
18
signed covered systems in the United States;
19
and
20
(F) identifying the steps necessary to
21
produce Ukraine-designed covered systems at
22
scale in the United States.
23
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(2) UNMANNED AERIAL SYSTEMS EXPERTISE.—
1
In addition to co-development, co-production, and
2
acquisition, the Working Group shall also focus on—
3
(A) the mutual transmission of—
4
(i) best practices for the rapid devel-
5
opment,
cost-effective
production,
and
6
fielding of unmanned aerial systems and
7
counter-unmanned aerial systems;
8
(ii) the tactics, techniques, and proce-
9
dures that enable successful battlefield em-
10
ployment of offensive and defensive un-
11
manned aerial systems; and
12
(iii) best practices with respect to
13
force protection from unmanned aerial sys-
14
tems and the defense of fixed targets from
15
unmanned aerial systems;
16
(B) the transmission of lessons learned in
17
Ukraine to the unmanned aerial systems and
18
counter-unmanned aerial systems program of
19
the Department of the Army; and
20
(C) the transmission of lessons learned
21
through the Joint Interagency Task Force 401
22
to the military forces of Ukraine.
23
(3) REMEDIATION PATHWAY.—With respect to
24
Ukraine-designed covered systems identified under
25
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subsection (b)(1)(B) that do not meet existing statu-
1
tory requirements with respect to fielding, the Work-
2
ing Group shall explore alternative pathways for the
3
fielding
of
such
covered
systems,
including
4
through—
5
(A) Army Drone Industrial Base Pro-
6
grams;
7
(B) the UAS Marketplace; and
8
(C) Drone Dominance.
9
(d) REPORTS AND BRIEFINGS.—
10
(1) INITIAL
STRATEGY
AND
ACTION
PLAN.—
11
Not later than 120 days after the date of the enact-
12
ment of this Act, the Working Group shall provide
13
the congressional defense committees with a briefing
14
on the initial strategy for the co-development, co-
15
production, and acquisition of Ukraine-designed cov-
16
ered systems.
17
(2) SEMIANNUAL UPDATES.—
18
(A) IN
GENERAL.—Not later than 180
19
days after the date on which the briefing re-
20
quired by paragraph (1) is provided, and every
21
180 days thereafter until the date on which the
22
Working Group terminates, the Working Group
23
shall submit to the congressional defense com-
24
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mittees a report on the progress of the Working
1
Group.
2
(B) ELEMENTS.—Each report required by
3
subparagraph (A) shall, to the maximum extent
4
practicable, include, for the preceding 180-day
5
period, the following:
6
(i) A list of Ukraine-designed covered
7
systems identified for prioritization, includ-
8
ing the current status of such covered sys-
9
tems with respect to technical and legal
10
evaluation, certification, and integration
11
with existing United States force posture
12
and operational needs.
13
(ii) A detailed list of specific fast-
14
track acquisition or waiver authorities that
15
may be used to accelerate the co-develop-
16
ment, co-production, or acquisition of
17
Ukraine-designed covered systems.
18
(iii) A supply chain analysis of the
19
sourcing of inputs and component parts to
20
eliminate dependence on countries of con-
21
cern, such as the Russian Federation, the
22
People’s Republic of China, Iran, and the
23
Democratic People’s Republic of Korea.
24
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(iv) A comprehensive framework to fa-
1
cilitate
the
transition
of
prioritized
2
Ukraine-designed covered systems from
3
identification to co-development and co-
4
production at scale, including an assess-
5
ment of the feasibility of using the fol-
6
lowing for such purpose:
7
(I) Joint ventures.
8
(II)
Cooperative
production
9
agreements.
10
(III) Licensed production agree-
11
ments.
12
(v) A detailed description of intellec-
13
tual property ownership frameworks that
14
could be used to facilitate the co-develop-
15
ment and co-production of prioritized
16
Ukraine-designed covered systems.
17
(vi) A description of any specific regu-
18
latory, legal, or policy barriers that hinder
19
the establishment of joint ventures, cooper-
20
ative production agreements, or licensed
21
production agreements.
22
(vii) A description of any regulatory,
23
export-control, or certification barriers that
24
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impede the acquisition of Ukraine-designed
1
covered systems.
2
(C) FORM.—Each report required by sub-
3
paragraph (A) shall be submitted in unclassi-
4
fied form but may include a classified annex.
5
(e) TERMINATION.—
6
(1) IN GENERAL.—Subject to paragraph (2),
7
the Working Group shall terminate on the date that
8
is five years after the date of the enactment of this
9
Act.
10
(2)
ONE-YEAR
EXTENSION.—The
Working
11
Group may continue in effect until the date that is
12
six years after the date of the enactment of this Act
13
if the Secretary of Defense—
14
(A) determines that a one-year extension is
15
beneficial to United States security interests;
16
and
17
(B) submits to the congressional defense
18
committees a written justification for such an
19
extension.
20
(f) COVERED SYSTEM DEFINED.—In this section, the
21
term ‘‘covered system’’ means—
22
(1) an unmanned system that—
23
(A) is designed for a limited number of
24
missions;
25
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(B) is expendable in high-threat environ-
1
ments; and
2
(C) is characterized by a low per-unit cost,
3
relative to the value of the targets the un-
4
manned system is designed to engage; and
5
(2) includes—
6
(A) the enabling software and hardware of
7
such an unmanned system;
8
(B) unmanned aerial vehicles, unmanned
9
underwater vehicles, and unmanned surface ve-
10
hicles;
11
(C) capabilities to counter unmanned sys-
12
tems, including early warning systems, jamming
13
systems, and interceptors; and
14
(D) command and control architecture, in-
15
cluding software and hardware, to enable the
16
integrated, secure, and resilient operation of
17
unmanned systems and capabilities to counter
18
unmanned systems.
19
SEC. 1225. NOTIFICATION OF GRAY ZONE ACTIVITIES BY
20
THE RUSSIAN FEDERATION AGAINST NORTH
21
ATLANTIC TREATY ORGANIZATION ALLIES.
22
(a) IN GENERAL.—Not later than seven days after
23
the date on which the Secretary of Defense is made aware
24
of any gray zone activities known or reasonably suspected
25
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to have been carried out by the Russian Federation
1
against a North Atlantic Treaty Organization ally, the
2
Secretary shall notify the appropriate committees of Con-
3
gress of such activities.
4
(b) DEFINITIONS.—In this section:
5
(1)
APPROPRIATE
COMMITTEES
OF
CON-
6
GRESS.—The term ‘‘appropriate committees of Con-
7
gress’’ means—
8
(A) the Committee on Armed Services and
9
the Committee on Foreign Relations of the Sen-
10
ate; and
11
(B) the Committee on Armed Services and
12
the Committee on Foreign Affairs of the House
13
of Representatives.
14
(2) GRAY ZONE ACTIVITIES.—The term ‘‘gray
15
zone activities’’ has the meaning given such term in
16
the document of the National Intelligence Council
17
entitled ‘‘Updated IC Gray Zone Lexicon: Key
18
Terms and Definitions’’, issued in July 2024 in re-
19
sponse to section 825(c) of the Consolidated Appro-
20
priations Act, 2022 (Public Law 117–30; 136 Stat.
21
1028; 50 U.S.C. 3316c note).
22
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SEC. 1226. EXTENSION AND MODIFICATION OF UKRAINE SE-
1
CURITY ASSISTANCE INITIATIVE.
2
Section 1250 of the National Defense Authorization
3
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
4
1068) is amended—
5
(1)
in
subsection
(f)(12),
by
striking
6
‘‘$400,000,000’’ and inserting ‘‘$750,000,000’’;
7
(2) in subsection (h), by striking ‘‘December
8
31, 2029’’ and inserting ‘‘December 31, 2030’’; and
9
(3) by adding at the end the following new sub-
10
section:
11
‘‘(l) FOREIGN CONTRIBUTIONS.—
12
‘‘(1) IN GENERAL.—Notwithstanding any other
13
provision of law, for fiscal year 2027 and each fiscal
14
year thereafter, the Secretary of Defense may use
15
contributions, including money, personal property,
16
and services, from foreign governments or other en-
17
tities to provide assistance under the authority of
18
this section.
19
‘‘(2) USE OF CONTRIBUTIONS.—
20
‘‘(A) IN
GENERAL.—Such contributions
21
shall be available to the Secretary of Defense,
22
with the concurrence of the Secretary of
23
State—
24
‘‘(i) to provide additional assistance
25
authorized under subsection (a);
26
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‘‘(ii) for the replacement of any weap-
1
ons or articles provided to entities de-
2
scribed in subparagraphs (A) and (B) of
3
subsection (a)(1) from the inventory of the
4
United States; and
5
‘‘(iii) to recover or dispose of equip-
6
ment previously provided to such entities.
7
‘‘(B) LIMITATION.—Use of such contribu-
8
tions for the replacement of weapons under sub-
9
paragraph (A)(ii) shall be limited to the re-
10
placement of weapons or articles with respect to
11
which initial notification was provided to Con-
12
gress after July 14, 2025.
13
‘‘(3) UNUSED CONTRIBUTIONS.—Not later than
14
seven days before the date on which the authority
15
provided by this section terminates, the Secretary of
16
Defense shall report to the congressional defense
17
committees any contribution originating from a for-
18
eign government or other entity intended to provide
19
assistance under this section that is not expended
20
for such purpose before such date of termination.’’.
21
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SEC. 1227. SYNCHRONIZATION OF DEFENSE READINESS
1
WITH NORTH ATLANTIC TREATY ORGANIZA-
2
TION ALLIES.
3
(a) REPORT REQUIRED.—Not later than 180 days
4
after the date of the enactment of this Act, and every 180
5
days thereafter through 2034, the Commander of the
6
United States European Command shall submit to the
7
congressional defense committees a report that includes
8
the following:
9
(1) An evaluation of allied progress toward
10
meeting the target of spending 3.5 percent of gross
11
domestic product on core defense-related priorities
12
by 2035, as agreed to at the 2025 North Atlantic
13
Treaty Organization Summit in The Hague.
14
(2) A description of United States and allied
15
forces available to the Supreme Allied Commander
16
Europe under the North Atlantic Treaty Organiza-
17
tion Force Model, including—
18
(A) a description of—
19
(i) any change made during the pre-
20
ceding year to the United States forces
21
available to the Supreme Allied Com-
22
mander Europe under such Force Model;
23
and
24
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(ii) any significant change in the secu-
1
rity environment that may require changes
2
to force requirements; and
3
(B) an analysis of the risk any such
4
change poses to the ability of the North Atlan-
5
tic Treaty Organization to fulfill deterrence and
6
defense mission requirements.
7
(3) A description of any change to the oper-
8
ational readiness of the United States and allied
9
forces available to the Supreme Allied Commander
10
Europe, including a description of—
11
(A) the criteria used to determine the
12
readiness of a unit; and
13
(B) the data underpinning the assessment
14
of the Commander of the United States Euro-
15
pean Command with respect to the readiness of
16
such forces.
17
(4) A description of North Atlantic Treaty Or-
18
ganization exercises and the accompanying metrics
19
used to validate the readiness of forces.
20
(5) An evaluation of allied progress toward im-
21
plementing North Atlantic Treaty Organization ca-
22
pability targets and a description of any priority ca-
23
pability shortfalls, including any change to such
24
progress.
25
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(6) A list of critical capabilities required to exe-
1
cute the regional plans of the North Atlantic Treaty
2
Organization, which capabilities are largely or wholly
3
provided by the United States, and a description of
4
any United States efforts to support and syn-
5
chronize with fellow North Atlantic Treaty Organi-
6
zation allies to develop or procure such capabilities
7
or similar capabilities, including any change to the
8
availability of such capabilities.
9
(7) In each subsequent report submitted under
10
this subsection—
11
(A) a description of any change to the
12
United States forces available to the Supreme
13
Allied Commander Europe under the North At-
14
lantic Treaty Organization Force Model in the
15
90 days preceding the date on which the report
16
is submitted; and
17
(B) an analysis of the risk any such
18
change poses to the ability of the North Atlan-
19
tic Treaty Organization to fulfill deterrence and
20
defense mission requirements.
21
(8) In the case of any change described in ac-
22
cordance with paragraph (2) or (3), an assessment
23
of whether Europe has the force structure, readiness
24
levels, and enabling capabilities to assume responsi-
25
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bility for any decrease in United States forces avail-
1
able to the Supreme Allied Commander Europe
2
under the North Atlantic Treaty Organization Force
3
Model.
4
(9) An assessment of the deterrence and de-
5
fense posture of the North Atlantic Treaty Organi-
6
zation on the alliance’s eastern flank, including—
7
(A) a description of United States military
8
force posture in each country on the eastern
9
flank, including any changes to United States
10
forces in Europe during the 90-day period pre-
11
ceding the submission of the report;
12
(B) a description of allied military force
13
posture in each country on the eastern flank;
14
(C) an evaluation of the capacity of United
15
States and allied forces to reinforce the North
16
Atlantic Treaty Organization’s eastern flank in
17
the event of a conflict;
18
(D) an identification of any obstacle that
19
could delay such reinforcement, including the
20
status of pre-positioned United States materiel
21
in Europe, and an evaluation of the manner in
22
which such obstacles could undermine the deter-
23
rence and defense posture of the North Atlantic
24
Treaty Organization; and
25
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(E) a description of efforts by the United
1
States and North Atlantic Treaty Organization
2
allies to address the obstacles identified under
3
subparagraph (D), including efforts to improve
4
mobility, readiness, pre-positioning, infrastruc-
5
ture, and coordination mechanisms necessary to
6
enable timely reinforcement of the eastern
7
flank.
8
(10) An assessment of North Atlantic Treaty
9
Organization deterrence efforts in Romania, includ-
10
ing a description and evaluation of—
11
(A) the United States force posture in Ro-
12
mania, including any new rotations to Romania
13
intended to enhance deterrence after the 2025
14
decision to end the rotational presence of a
15
United States brigade;
16
(B) consultations with North Atlantic
17
Treaty Organization allies regarding efforts to
18
backfill or otherwise mitigate the capability gap
19
resulting from the end of such rotational pres-
20
ence;
21
(C) the readiness of North Atlantic Treaty
22
Organization Forward Land Forces in Roma-
23
nia;
24
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(D) new or expanded bilateral and multi-
1
lateral training activities and military exercises
2
conducted to build capacity and improve inter-
3
operability among United States forces, Roma-
4
nian forces, and other North Atlantic Treaty
5
Organization allies; and
6
(E) efforts undertaken by the United
7
States, Romania, and other North Atlantic
8
Treaty Organization allies to improve critical
9
military infrastructure in Romania, including
10
infrastructure necessary to support collective
11
defense obligations of the alliance and to enable
12
United States contingency operations.
13
(b) FORM.—Each report required by subsection (a)
14
shall be submitted in unclassified form but may include
15
a classified annex.
16
SEC. 1228. CO-DEVELOPMENT AND CO-PRODUCTION PRO-
17
GRAM WITH GERMANY FOR CERTAIN MUNI-
18
TIONS.
19
(a) IN GENERAL.—Not later than March 1, 2027, the
20
Secretary of Defense and the Secretary of State shall seek
21
to engage with appropriate officials of Germany in a joint
22
program for the purpose of enabling the co-development
23
and co-production of air defense and air-to-air munitions
24
capabilities, including the Patriot surface-to-air missile
25
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system, the Advanced Medium-Range Air-to-Air Missile,
1
and the AIM–9 Sidewinder missile, for the Armed Forces
2
of the United States and the Bundeswehr of Germany,
3
consistent with applicable United States law and existing
4
bilateral defense cooperation agreements.
5
(b) USE OF AUTHORITIES.—
6
(1) IN GENERAL.—In carrying out a joint pro-
7
gram under subsection (a), the Secretary of Defense,
8
in coordination with the Secretary of State, may use
9
the authorities under title 10, United States Code,
10
and other applicable statutory authorities available
11
to the Secretary of Defense.
12
(2) RECIPROCAL PROCUREMENT.—In carrying
13
out paragraph (1), the Secretary of Defense, in co-
14
ordination with the Secretary of State, shall leverage
15
the existing United States-Germany Reciprocal De-
16
fense Procurement Memorandum of Understanding
17
to the maximum extent practicable to facilitate con-
18
tracting arrangements, quality assurance, and sup-
19
ply chain integration.
20
(3) CO-DEVELOPMENT
AND
CO-PRODUCTION
21
AGREEMENTS.—The Secretary of Defense, with the
22
concurrence of the Secretary of State, may enter
23
into co-development agreements, co-production ar-
24
rangements, and project agreements with Germany
25
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(in accordance with existing authorities for such
1
agreements and arrangements) to carry out the joint
2
program under subsection (a), including arrange-
3
ments for—
4
(A) joint research and development of
5
next-generation variants of covered munitions
6
systems;
7
(B) the establishment of co-production fa-
8
cilities in the United States or Germany, or
9
both;
10
(C) technology transfer, consistent with
11
applicable law, including the International Traf-
12
fic in Arms Regulations; and
13
(D) specialization to optimize defense in-
14
dustrial strengths and avoid duplication.
15
(c) BRIEFING.—
16
(1) IN
GENERAL.—Not later than 180 days
17
after the date of the enactment of this Act, and an-
18
nually thereafter through 2030, the Secretary of De-
19
fense and the Secretary of State shall provide the
20
appropriate committees of Congress with a briefing
21
on the joint program under subsection (a).
22
(2) ELEMENTS.—Each briefing required by
23
paragraph (1) shall include, for the period covered
24
by the briefing, the following:
25
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(A) A summary of engagements under sub-
1
section (a).
2
(B) A description of activities undertaken
3
by the United States and Germany to enable
4
co-development and co-production of munitions
5
systems described in subsection (a).
6
(C) A description of progress made in fi-
7
nalizing defense trade foundational agreements
8
between the United States and Germany, in-
9
cluding—
10
(i) implementation and use of the ex-
11
isting Reciprocal Defense Procurement
12
Memorandum of Understanding;
13
(ii) a security of supply agreement for
14
such munitions systems;
15
(iii) a general security of military in-
16
formation agreement; and
17
(iv) any cyber maturity model certifi-
18
cation or equivalent industrial security ar-
19
rangements.
20
(D) A detailed assessment of the use of ex-
21
emption and other authorities under, and any
22
useful modifications that should be made to, the
23
International Traffic in Arms Regulations and
24
related statutory authorities that would support
25
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the expansion of co-development and co-produc-
1
tion of munitions systems with Germany, in-
2
cluding—
3
(i) an assessment of the feasibility
4
and advisability of seeking a Treaty on De-
5
fense Trade Cooperation with Germany, or
6
an equivalent bilateral framework, to
7
streamline technology transfer approvals
8
for such munitions systems; and
9
(ii) a description of any interagency
10
coordination actions taken or planned to
11
synchronize positions regarding technology
12
transfer to Germany for such munitions
13
systems.
14
(E) An identification of the additional re-
15
sources or authorities necessary to enable the
16
fielding of munitions capabilities described in
17
subsection (a).
18
(F) Any other matter the Secretary of De-
19
fense and the Secretary of State consider ap-
20
propriate.
21
(d) ADDITIONAL PARTNERS.—The President is au-
22
thorized to use the authorities provided in this section to
23
encourage enhanced co-development and co-production
24
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with other European security partners of the United
1
States.
2
(e) 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, 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
SEC. 1229. REPORT AND ASSESSMENT RELATING TO
12
UNITED STATES FORCE POSTURE ADJUST-
13
MENTS IN EUROPE.
14
(a) REPORT.—
15
(1) IN GENERAL.—Not later than 90 days after
16
the date of the enactment of this Act, the Com-
17
mander of the United States European Command
18
shall submit to the congressional defense committees
19
a report that includes the risk assessment of the
20
Commander with respect to United States force pos-
21
ture changes implemented after January 20, 2025,
22
in the area of responsibility of the United States Eu-
23
ropean Command.
24
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(2) ELEMENTS.—The report required by para-
1
graph (1) shall include an assessment of the fol-
2
lowing:
3
(A) The ability of the United States to
4
meet military campaign plans in the area of re-
5
sponsibility of the United States European
6
Command.
7
(B) The ability of the United States to
8
meet the regional plans of the North Atlantic
9
Treaty Organization adopted at the 2023
10
Vilnius Summit.
11
(C) The ability of the United States to
12
meet the defense and deterrence requirements
13
of the North Atlantic Treaty Organization.
14
(3) FORM.—The report required by paragraph
15
(1) shall be submitted in unclassified form but may
16
include a classified annex.
17
(b) INDEPENDENT ASSESSMENT BY THE GOVERN-
18
MENT ACCOUNTABILITY OFFICE.—
19
(1) ASSESSMENT
REQUIRED.—Not later than
20
180 days after the submission of the report required
21
by subsection (a), the Comptroller General of the
22
United States shall submit to the congressional de-
23
fense committees an independent assessment of—
24
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(A) the analytical framework, analysis of
1
alternatives, wargaming activities and other
2
operational assessments, intelligence assess-
3
ments, and operational and strategic risk as-
4
sessments used in conducting the review of
5
global force posture undertaken during develop-
6
ment of the national defense strategy most re-
7
cently prepared pursuant to section 113(g) of
8
title 10, United States Code, specifically as it
9
pertains to the area of responsibility of the
10
United States European Command;
11
(B) the conclusions drawn from such re-
12
view of global force posture; and
13
(C) the extent to which such analytical
14
framework, analysis of alternatives, wargaming
15
activities and other operational assessments, in-
16
telligence assessments, and operational and
17
strategic risk assessments informed and were
18
consistent with changes to United States force
19
posture in the area of responsibility of the
20
United States European Command imple-
21
mented after January 20, 2025.
22
(2) ELEMENTS.—The assessment required by
23
paragraph (1) shall include the following:
24
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(A) An evaluation of the completeness,
1
rigor, and methodological validity of the analyt-
2
ical framework, assumptions, scenarios, intel-
3
ligence inputs, and analysis of alternatives.
4
(B) An assessment of the consistency be-
5
tween the analytical conclusions and actual pos-
6
ture decisions implemented after January 20,
7
2025.
8
(C) A review of the sensitivity of conclu-
9
sions to key assumptions and variables.
10
(D) An identification of any gaps, limita-
11
tions, or sources of analytical risk.
12
(E) An evaluation of the implications of
13
each such adjustment for United States na-
14
tional security interests, the deterrence and de-
15
fense posture of the North Atlantic Treaty Or-
16
ganization, and execution of combatant com-
17
mander campaign plans and North Atlantic
18
Treaty Organization regional plans.
19
(3) ACCESS TO INFORMATION.—The Secretary
20
of Defense shall provide the Comptroller General
21
with timely access to all data, assumptions, models,
22
briefings, analyses, memoranda, recommendations,
23
dissenting views, decision memoranda, and other in-
24
formation necessary to carry out the assessment re-
25
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quired under this subsection, including classified in-
1
formation, consistent with applicable law.
2
Subtitle D—Matters Relating to the
3
Indo-Pacific Region
4
SEC. 1231. EXTENSION AND MODIFICATION OF DESIGNA-
5
TION OF SENIOR OFFICIAL FOR DEPART-
6
MENT OF DEFENSE ACTIVITIES RELATING
7
TO, AND IMPLEMENTATION PLAN FOR, THE
8
AUKUS PARTNERSHIP.
9
Section 1332 of the National Defense Authorization
10
Act for Fiscal Year 2024 (22 U.S.C. 10412) is amended—
11
(1) in subsection (a), by striking ‘‘a senior civil-
12
ian’’ and all that follows through ‘‘who shall be’’ and
13
inserting ‘‘the Assistant Secretary of Defense for
14
International Armaments Cooperation as the senior
15
civilian official of the Department of Defense’’;
16
(2) in subsection (b)—
17
(A) in paragraph (1), by striking ‘‘90 days
18
after the date of the enactment of this Act’’
19
and inserting ‘‘March 1, 2027, and semiannu-
20
ally thereafter’’; and
21
(B) in paragraph (2)—
22
(i) in the matter preceding subpara-
23
graph (A), by striking ‘‘The plan’’ and in-
24
serting ‘‘Each plan’’;
25
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(ii) by redesignating subparagraphs
1
(B) through (G) as subparagraphs (C)
2
through (H), respectively; and
3
(iii) by inserting after subparagraph
4
(A) the following new subparagraph (B):
5
‘‘(B) A description of the organization,
6
roles, and objectives of all AUKUS implementa-
7
tion working groups.’’; and
8
(3) in subsection (c)—
9
(A) by striking ‘‘the plan’’ and inserting
10
‘‘a plan’’; and
11
(B) by striking ‘‘2029’’ and inserting
12
‘‘2032’’.
13
SEC. 1232. EXTENSION AND MODIFICATION OF PACIFIC DE-
14
TERRENCE INITIATIVE.
15
(a) FUNDING.—Subsection (c) of section 1251 of the
16
William M. (Mac) Thornberry National Defense Author-
17
ization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
18
is amended—
19
(1) by striking ‘‘the National Defense Author-
20
ization Act for Fiscal Year 2026’’ and inserting ‘‘the
21
National Defense Authorization Act for Fiscal Year
22
2027’’; and
23
(2) by striking ‘‘fiscal year 2026’’ and inserting
24
‘‘fiscal year 2027’’.
25
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(b) REPORTS AND BRIEFINGS.—Subsection (d) of
1
such section is amended—
2
(1) in paragraph (1)—
3
(A) in subparagraph (A), in the matter
4
preceding clause (i), by striking ‘‘fiscal years
5
2027 and 2028’’ and inserting ‘‘fiscal years
6
2028 and 2029’’; and
7
(B) in subparagraph (B), by adding at the
8
end the following new clause:
9
‘‘(viii) The independent assessment of
10
the Commander of the United States Indo-
11
Pacific Command with respect to the ac-
12
tivities and resources required for the sub-
13
ordinate unified commands of the United
14
States Indo-Pacific Command, including
15
United States Forces Korea and United
16
States Forces Japan.’’; and
17
(2) in paragraph (2), by striking ‘‘fiscal years
18
2027 and 2028’’ each place it appears and inserting
19
‘‘fiscal years 2028 and 2029’’.
20
(c) EXTENSION OF PLAN.—Subsection (e) of such
21
section is amended, in the matter preceding paragraph
22
(1), by striking ‘‘fiscal years 2027 and 2028’’ and insert-
23
ing ‘‘fiscal years 2028 and 2029’’.
24
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SEC. 1233. EXTENSION, MODIFICATION, AND REDESIGNA-
1
TION OF TAIWAN SECURITY COOPERATION
2
INITIATIVE.
3
Section 1323 of the Servicemember Quality of Life
4
Improvement and National Defense Authorization Act for
5
Fiscal Year 2025 (22 U.S.C. 3302 note) is amended—
6
(1) in the section heading, by striking ‘‘TAI-
7
WAN’’ and inserting ‘‘FIRST ISLAND CHAIN’’;
8
(2) in subsection (a)—
9
(A) in paragraph (1)—
10
(i) in the matter preceding subpara-
11
graph (A), by striking ‘‘Consistent’’ and all
12
that follows through ‘‘Defense’’ and insert-
13
ing ‘‘The Secretary of Defense’’;
14
(ii) in subparagraph (A)—
15
(I) by inserting ‘‘consistent with
16
the Taiwan Relations Act (22 U.S.C.
17
3301 et seq.),’’ before ‘‘the military’’;
18
and
19
(II) by striking ‘‘; and’’ and in-
20
serting a semicolon;
21
(iii) in subparagraph (B)—
22
(I) by inserting ‘‘consistent with
23
the Taiwan Relations Act (22 U.S.C.
24
3301 et seq.),’’ before ‘‘civilian’’; and
25
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(II) by striking the period at the
1
end and inserting ‘‘; and’’; and
2
(iv) by adding at the end the following
3
new subparagraph:
4
‘‘(C) the national security forces of the
5
Philippines.’’; and
6
(B) in paragraph (2)—
7
(i) in the matter preceding subpara-
8
graph (A), by inserting ‘‘and the Phil-
9
ippines’’ after ‘‘Taiwan’’; and
10
(ii) by adding at the end the following
11
new subparagraph:
12
‘‘(C) The national security forces of the
13
Government of the Philippines to defend
14
against coercion and aggression.’’;
15
(3) in subsection (b)(1), in the matter pre-
16
ceding subparagraph (A), by striking ‘‘subparagraph
17
(A)’’ and inserting ‘‘subparagraphs (A) and (C)’’;
18
(4) in subsection (d), by adding at the end the
19
following new paragraph:
20
‘‘(3) FISCAL YEAR 2027.—Of the amounts au-
21
thorized to be appropriated for fiscal year 2027 for
22
the Department of Defense, not more than
23
$1,500,000,000 may be made available for the pur-
24
poses of subsection (a).’’;
25
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(5) in subsection (e)—
1
(A) in paragraph (1), by inserting ‘‘and
2
the national security forces of the Philippines’’
3
after ‘‘Taiwan’’; and
4
(B) in paragraph (2), by inserting ‘‘or the
5
national security forces of the Philippines’’
6
after ‘‘Taiwan’’; and
7
(6) in subsection (h), by striking ‘‘December
8
31, 2029’’ and inserting ‘‘December 31, 2032’’.
9
SEC. 1234. UPDATES TO NATIONAL INDUSTRIAL SECURITY
10
PROGRAM OPERATING MANUAL REGARDING
11
AUKUS.
12
(a) IN GENERAL.—Not later than 180 days after the
13
date of the enactment of this Act, the Secretary of De-
14
fense, acting through the Defense Counterintelligence and
15
Security Agency, shall submit to the congressional defense
16
committees a plan to identify, mitigate, and remove, as
17
appropriate, procedures and regulations contained in the
18
National Industrial Security Program Operating Manual
19
that unnecessarily constrain or impede government and in-
20
dustry from meeting the objectives of the partnership
21
among Australia, the United Kingdom, and the United
22
States (commonly known as ‘‘AUKUS’’).
23
(b) ISSUES TO BE ADDRESSED.—At a minimum, the
24
plan required by subsection (a) shall address the following
25
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issues related to the National Industrial Security Program
1
Operating Manual:
2
(1) International security requirements.
3
(2) Clearance reciprocity.
4
(3) Marking and classification.
5
(4) Security training.
6
(5) Subcontracting.
7
(6) Foreign ownership, control, or influence.
8
(7) Delegation and oversight by cognizant secu-
9
rity agencies.
10
(c) ADDITIONAL
REQUIREMENTS.—The plan re-
11
quired by subsection (a) shall include the following:
12
(1) A timeline for updating the National Indus-
13
trial Security Program Operating Manual.
14
(2) A plan for mitigating National Industrial
15
Security Program Operating Manual procedures and
16
regulations that unnecessarily constrain AUKUS
17
participants.
18
(3) Recommendations for any legislative action,
19
as necessary, that would facilitate the AUKUS part-
20
nership.
21
SEC. 1235. OVERSIGHT OF UNITED STATES MILITARY POS-
22
TURE ON THE KOREAN PENINSULA.
23
(a) PROHIBITION ON USE OF FUNDS.—Amounts au-
24
thorized to be appropriated by this Act may not be obli-
25
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gated or expended to reduce the approximate total number
1
of members of the Armed Forces that are permanently
2
stationed in, or deployed to, the Republic of Korea to
3
below 28,500, or to complete the transition of wartime
4
operational control of the United States-Republic of Korea
5
Combined Forces Command from United States-led com-
6
mand to Republic of Korea-led command, until the date
7
that is 60 days after the date on which the certification
8
described in subsection (b) and the applicable assessment
9
described in subsection (c) are submitted to the appro-
10
priate committees of Congress.
11
(b) CERTIFICATION DESCRIBED.—The certification
12
described in this subsection is a certification by the Sec-
13
retary of Defense, in consultation with the Commander
14
of United States Forces Korea, the Commander of the
15
United States Indo-Pacific Command, the Secretary of
16
State, and the Director of National Intelligence, to the ap-
17
propriate committees of Congress that, as applicable, a re-
18
duction in the approximate total number of members of
19
the Armed Forces that are permanently stationed in, or
20
deployed to, the Republic of Korea to below 28,500 or the
21
completion of the transition of wartime operational control
22
of the United States-Republic of Korea Combined Forces
23
Command from United States-led command—
24
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(1) is in the national security interest of the
1
United States; and
2
(2) is being undertaken only after appropriate
3
consultations with allies of the United States, includ-
4
ing the Republic of Korea, Japan, and any country
5
that has sent military contributions to the United
6
Nations Command.
7
(c) ASSESSMENT DESCRIBED.—An assessment de-
8
scribed in this subsection is the following:
9
(1) In the case of a reduction in the total num-
10
ber of members of the Armed Forces permanently
11
stationed in or deployed to the Republic of Korea to
12
below 28,500, an assessment by the Secretary of De-
13
fense, in consultation with the Commander of
14
United States Forces Korea, the Commander of the
15
United States Indo-Pacific Command, the Secretary
16
of State, and the Director of National Intelligence
17
that includes—
18
(A) an analysis of the impact of such a re-
19
duction on—
20
(i) the security of the United States;
21
(ii) the security of the Republic of
22
Korea and Japan;
23
(iii) United States deterrence; and
24
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(iv) the defense posture of the United
1
States Indo-Pacific Command;
2
(B) an analysis of the impact of such a re-
3
duction on the ability of the Armed Forces to
4
execute contingency plans of the Department of
5
Defense, including in support of operations be-
6
yond the Korean Peninsula;
7
(C) an analysis of the additional costs for
8
relocation of personnel, equipment, and associ-
9
ated infrastructure;
10
(D) an analysis of the impact of such a re-
11
duction on military training and major military
12
exercises, including on interoperability and joint
13
activities with the Republic of Korea and
14
Japan;
15
(E) a description of consultations with the
16
Republic of Korea, Japan, and countries that
17
have sent military contributions to the United
18
Nations Command;
19
(F) an assessment of the impact of a sub-
20
stantial reduction in the number of members of
21
the Armed Forces permanently stationed in or
22
deployed to the Republic of Korea on the credi-
23
bility of United States extended deterrence
24
commitments to the Republic of Korea and
25
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Japan, the potential for nuclear proliferation in
1
the Indo-Pacific region, and the ability of the
2
remaining forces permanently stationed in, or
3
deployed to, the Republic of Korea to support
4
integrated air and missile defense operations in
5
defense of the Republic of Korea and Japan;
6
and
7
(G) an independent risk assessment by the
8
Commander of United States Forces Korea, the
9
Commander of the United States Indo-Pacific
10
Command, and the Chairman of the Joint
11
Chiefs of Staff of—
12
(i) the impact of such a reduction on
13
the security of the United States;
14
(ii) the ability of the Armed Forces to
15
execute contingency plans of the Depart-
16
ment of Defense, including in support of
17
operations beyond the Korean Peninsula;
18
and
19
(iii) the impact of such a reduction on
20
military training and major military exer-
21
cises, including on interoperability and
22
joint activities with the Republic of Korea
23
and Japan.
24
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(2) In the case of the completion of the transi-
1
tion of wartime operational control of the United
2
States-Republic of Korea Combined Forces Com-
3
mand from United States-led command to Republic
4
of Korea-led command, an assessment by the Sec-
5
retary of Defense, in consultation with the Com-
6
mander of United States Forces Korea, the Com-
7
mander of the United States Indo-Pacific Command,
8
the Secretary of State, and the Director of National
9
Intelligence that includes—
10
(A) an assessment of the extent to which
11
the three conditions set forth in the bilaterally
12
determined conditions-based Operational Con-
13
trol Transition Plan that was signed on October
14
31, 2018, will be satisfied prior to the comple-
15
tion of such transition;
16
(B) a detailed description of the manner in
17
which a Republic of Korea-led Combined Forces
18
Command will report to national command au-
19
thorities in the United States and the Republic
20
of Korea;
21
(C) a detailed description of the planned
22
command relationship between a Republic of
23
Korea-led Combined Forces Command and the
24
United States-led United Nations Command;
25
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(D) a description of consultations with
1
countries that have sent military contributions
2
to the United Nations Command;
3
(E) a description of the United States-Re-
4
public of Korea wartime operational control
5
consultations with Japan, and an assessment of
6
approaches for deconflicting military operations
7
across the United States-Republic of Korea and
8
the United States-Japan alliances;
9
(F) an assessment of the effect, if any, of
10
the completion of such transition on the poten-
11
tial for nuclear proliferation in the Indo-Pacific
12
region; and
13
(G) an independent military risk assess-
14
ment by the Commander of United States
15
Forces Korea, the Commander of the United
16
States Indo-Pacific Command, and the Chair-
17
man of the Joint Chiefs of Staff of such transi-
18
tion.
19
(d) FORM.—
20
(1) CERTIFICATION.—A certification described
21
in subsection (b) shall be submitted in unclassified
22
form.
23
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(2) ASSESSMENT.—An assessment described in
1
subsection (c) shall be submitted in unclassified
2
form but may include a classified annex.
3
(e) QUARTERLY REPORT.—
4
(1) IN
GENERAL.—Not later than March 1,
5
2027, and every 90 days thereafter through 2030,
6
the Secretary of Defense, in coordination with the
7
Commander of the United States Indo-Pacific Com-
8
mand and the Commander of United States Forces
9
Korea, shall provide the appropriate committees of
10
Congress with a report on the United States-Repub-
11
lic of Korea roadmap for implementation of the bi-
12
lateral Conditions-based Operational Control Transi-
13
tion Plan, signed on October 31, 2018.
14
(2) ELEMENTS.—Each report required by para-
15
graph (1) shall include, at a minimum, the following:
16
(A) The current assessment of the Com-
17
mander of the United States Indo-Pacific Com-
18
mand and the Commander of United States
19
Forces Korea with respect to the conditions
20
that must be achieved before the Republic of
21
Korea may responsibly assume wartime oper-
22
ational control, including an assessment of the
23
extent to which—
24
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(i) the Republic of Korea has acquired
1
and operationalized the military capabili-
2
ties required to lead the combined defense;
3
(ii) comprehensive alliance response
4
capabilities are sufficient to address nu-
5
clear and missile threats by the Demo-
6
cratic People’s Republic of Korea; and
7
(iii) the security environment on the
8
Korean Peninsula and in the Indo-Pacific
9
region is conducive to a stable transition of
10
wartime operational control.
11
(B) An articulation of the specific military
12
capabilities, and associated numbers or levels of
13
such capabilities, the Republic of Korea must
14
acquire and operationalize in order for—
15
(i) the Republic of Korea to be consid-
16
ered prepared to lead the combined de-
17
fense; and
18
(ii) comprehensive alliance response
19
capabilities to be considered sufficient to
20
address nuclear and missile threats of the
21
Democratic People’s Republic of Korea.
22
(C) An articulation of the specific military
23
capabilities, and associated numbers or levels of
24
such capabilities, the United States Armed
25
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Forces must acquire and operationalize in order
1
for comprehensive alliance response capabilities
2
to be considered sufficient to address nuclear
3
and missile threats of the Democratic People’s
4
Republic of Korea.
5
(D) Any other matter the Secretary of De-
6
fense considers appropriate.
7
(f) APPROPRIATE COMMITTEES OF CONGRESS DE-
8
FINED.—In this section, the term ‘‘appropriate commit-
9
tees of Congress’’ means—
10
(1) the Committee on Armed Services, the
11
Committee on Appropriations, and the Committee on
12
Foreign Relations of the Senate; and
13
(2) the Committee on Armed Services, the
14
Committee on Appropriations, and the Committee on
15
Foreign Affairs of the House of Representatives.
16
SEC. 1236. INDO-PACIFIC REGIONAL SUSTAINMENT FRAME-
17
WORK.
18
(a) ESTABLISHMENT.—Using lessons learned from
19
the demonstration program carried out under section 842
20
of the National Defense Authorization Act for Fiscal Year
21
2024 (10 U.S.C. 2341 note), the Secretary of Defense
22
shall establish and maintain a regional sustainment frame-
23
work in the area of responsibility of the United States
24
Indo-Pacific Command, to be known as the ‘‘Indo-Pacific
25
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Regional Sustainment Framework’’ (referred to in this
1
section as the ‘‘Framework’’), to foster co-sustainment ef-
2
forts focused on providing the logistics support,
3
sustainment activities, and personnel services necessary to
4
maintain defense platforms, systems, subsystems, and
5
components.
6
(b) PURPOSES.—The purposes of the Framework
7
shall be—
8
(1) to mitigate the risks associated with oper-
9
ations in a contested logistics environment;
10
(2) to ensure military readiness and lethality;
11
(3) to reduce strategic lift requirements;
12
(4) to leverage the industrial base capabilities
13
of allies and partners, including through co-
14
sustainment and co-production relationships;
15
(5) to collectively leverage the industrial base
16
capabilities of the United States and its allies and
17
partners to forge agreements, align logistics prior-
18
ities, exchange best practices, strengthen supply
19
chain resilience, and expand the defense industrial
20
base through co-sustainment relationships, including
21
through key bilateral and multilateral forums such
22
as the Partnership for Indo-Pacific Industrial Resil-
23
ience and the Five-Eyes Joint Sustainment & Supply
24
Chain Forum;
25
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(6) to provide the Commander of the United
1
States Indo-Pacific Command with a range of flexi-
2
ble and pre-arranged options to meet in-theater
3
sustainment requirements;
4
(7) to integrate with and leverage regional
5
sustainment frameworks and capabilities in other ge-
6
ographic combatant commands to support greater
7
integration of global co-sustainment activities; and
8
(8) to provide an integrated, responsive, and
9
comprehensive forward sustainment capability that
10
addresses critical gaps in force readiness.
11
(c) ADVANCE PLANNING AND PREPARATION.—
12
(1) IN GENERAL.—As part of the Framework,
13
the Secretary may establish product support ar-
14
rangements with a covered product support provider
15
to enable a rapid response in a contingency oper-
16
ation (as defined in section 101(a) of title 10,
17
United States Code) to the product support require-
18
ments of such contingency operation.
19
(2) INCLUSION.—Such arrangement may in-
20
clude agreements with covered countries for mainte-
21
nance, pre-positioning, storage of materials, or dis-
22
tribution.
23
(d) AUTHORITIES.—In establishing and maintaining
24
the Framework, the Secretary may use, in accordance with
25
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section 3 of the Arms Export Control Act (22 U.S.C.
1
2753), the authorities under sections 2342, 2474, 3601,
2
4021, and 4022 of title 10, United States Code.
3
(e) DEVELOPMENT AND PROMULGATION OF DEPART-
4
MENT OF DEFENSE GUIDANCE.—
5
(1) IN GENERAL.—Not later than 1 year after
6
the date of the enactment of this Act, the Secretary
7
shall issue guidance implementing the Framework.
8
(2) ELEMENTS.—The guidance required by
9
paragraph (1) shall include, at a minimum, provi-
10
sions that require—
11
(A) the Under Secretary of Defense for
12
Acquisition and Sustainment, in coordination
13
with the Service Acquisition Executives and
14
Life Cycle Managers, to develop and maintain
15
a list of available regional sustainment capabili-
16
ties as a reference catalog for product support
17
opportunities, including a range of flexible and
18
pre-arranged options for product support ar-
19
rangements to meet in-theater sustainment re-
20
quirements;
21
(B) the Commander of the United States
22
Indo-Pacific Command, in coordination with the
23
applicable service component commands, to
24
identify a prioritized list of requirements for in-
25
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theater sustainment of platforms, information
1
and communication systems, subsystems, or
2
components;
3
(C) the Secretary of each military depart-
4
ment to identify and prioritize projects to ad-
5
dress such requirements, including with respect
6
to the certification of repair processes, inter-
7
mediate testing capabilities, and vendors; and
8
(D) the integration of explosives safety and
9
risk management principles for all activities re-
10
lating to munitions sustainment.
11
(f) REPORT.—Not later than March 1, 2028, and an-
12
nually thereafter through 2031, the Secretary shall submit
13
to the congressional defense committees a report that in-
14
cludes—
15
(1) any recommendations for additional re-
16
sources or new authorities necessary for achieving
17
the purposes under subsection (b) for the Frame-
18
work or regional sustainment frameworks in the
19
areas of responsibility of other combatant com-
20
mands;
21
(2) an assessment of the feasibility and advis-
22
ability of establishing, or a description of progress in
23
developing, regional sustainment hubs in covered
24
countries to enhance forward readiness and coalition
25
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interoperability, including reviews of agreements and
1
product support integration within the Framework
2
to ensure effective long-term sustainment;
3
(3) an assessment of the extent to which the
4
options within the reference catalog developed under
5
subsection (e)(2)(A) are being used; and
6
(4) an assessment of measurable improvements
7
in readiness for priority weapons and platforms re-
8
sulting from the Framework.
9
(g) DEFINITIONS.—In this section:
10
(1) CONTESTED
LOGISTICS
ENVIRONMENT.—
11
The term ‘‘contested logistics environment’’ has the
12
meaning given such term in section 2926(h) of title
13
10, United States Code.
14
(2) COVERED
COUNTRY.—The term ‘‘covered
15
country’’ means—
16
(A) the Republic of Korea;
17
(B) Japan;
18
(C) Australia;
19
(D) New Zealand;
20
(E) the Philippines;
21
(F) Singapore;
22
(G) the United Kingdom;
23
(H) Canada; and
24
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(I) any other country designated by the
1
Secretary for purposes of the Framework.
2
(3) COVERED PRODUCT SUPPORT PROVIDER.—
3
The term ‘‘covered product support provider’’
4
means—
5
(A) a product support provider that in-
6
cludes an entity within the government of a cov-
7
ered country;
8
(B) a private sector product support pro-
9
vider; and
10
(C) a product support integrator domiciled
11
in the United States or a covered country.
12
(4) PRODUCT SUPPORT; PRODUCT SUPPORT IN-
13
TEGRATOR;
PRODUCT
SUPPORT
PROVIDER.—The
14
terms ‘‘product support’’, ‘‘product support inte-
15
grator’’, and ‘‘product support provider’’ have the
16
meanings given such terms in section 4324(d) of
17
title 10, United States Code.
18
(5) PRODUCT SUPPORT ARRANGEMENT.—
19
(A) IN
GENERAL.—The term ‘‘product
20
support arrangement’’ means a contract, task
21
order, or any other type of agreement or ar-
22
rangement, between the United States and a
23
covered product support provider, for the per-
24
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formance of the functions described in subpara-
1
graph (B) with respect to—
2
(i) a platform or information system
3
operated by the United States and the cov-
4
ered country of such covered product sup-
5
port provider;
6
(ii) a subsystem or components of
7
such a platform or information system; or
8
(iii)
maintenance,
pre-positioning,
9
storage of materials, or distribution.
10
(B) FUNCTIONS
DESCRIBED.—The func-
11
tions described in this subparagraph, with re-
12
spect to a platform, information system, sub-
13
system, or component described in subpara-
14
graph (A), are the following:
15
(i) Performance-based logistics.
16
(ii) Sustainment support.
17
(iii) Contractor logistics support.
18
(iv) Life-cycle product support.
19
(v) Weapon system product support.
20
SEC. 1237. EXTENSION OF ANNUAL REPORT ON MILITARY
21
POWER OF THE PEOPLE’S REPUBLIC OF
22
CHINA.
23
Section 1202(a) of the National Defense Authoriza-
24
tion Act for Fiscal Year 2000 (10 U.S.C. 113 note) is
25
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amended by striking ‘‘January 31, 2027’’ and inserting
1
‘‘January 31, 2032’’.
2
SEC. 1238. STRATEGY FOR CRISIS MANAGEMENT IN SOUTH
3
CHINA SEA.
4
(a) STRATEGY.—Not later than 1 year after the date
5
of the enactment of this Act, the Secretary of Defense,
6
in coordination with the head of any other appropriate
7
Federal department or agency, shall develop a strategy for
8
crisis management in the South China Sea that—
9
(1) identifies the locations of the most likely
10
flashpoints in the South China Sea that could lead
11
to scenarios of crises short of war that would require
12
heightened interagency and international coordina-
13
tion; and
14
(2) outlines defense planning scenarios for re-
15
sponding to each such potential flashpoint, including
16
sequenced response options and coordination with
17
foreign partners.
18
(b) OBJECTIVES.—The strategy required by sub-
19
section (a) shall be designed—
20
(1) to deny the aim of the People’s Republic of
21
China and deter further People’s Republic of China
22
provocation or actions that expand the crisis;
23
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(2) to ensure the safety of United States citi-
1
zens and residents in the region and in the United
2
States;
3
(3) to ensure the safety of members of the
4
United States Armed Forces in the region, including
5
safety from accidents;
6
(4) to preserve United States economic interests
7
in the region, including protecting key trade and
8
commerce routes;
9
(5) to uphold treaty obligations and protect al-
10
lies and partners; and
11
(6) to manage possible escalation into combat
12
operations by taking opportunities for de-escalation
13
and maintaining strategic stability.
14
(c) DEFENSE PLANNING SCENARIOS.—Each defense
15
planning scenario required by subsection (a)(2) shall in-
16
clude, at a minimum, the following:
17
(1) A list of specific indicators that would ele-
18
vate a scenario from a baseline of gray-zone condi-
19
tions to the level of a crisis.
20
(2) An articulation of clearly identified assump-
21
tions, phases, and potential evolutions of the crisis.
22
(3) Anticipated decision points and potential re-
23
sponse options, sequenced across all identified
24
phases.
25
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(4) An evaluation of the potential risks and
1
benefits of potential response options.
2
(5) A list of possible options for de-escalating
3
the crisis situation, including a description of indica-
4
tors of such options and recommendations of options
5
for the Secretary of Defense to take advantage of
6
such options.
7
(6) A plan for engagement with foreign part-
8
ners, including an identification of any action to be
9
pre-coordinated.
10
(d) INTERIM REPORT.—
11
(1) IN
GENERAL.—Not later than 120 days
12
after the date of the enactment of this Act, the Sec-
13
retary of Defense shall submit to the Committees on
14
Armed Services of the Senate and the House of Rep-
15
resentatives a progress report that—
16
(A) details the list of locations and sce-
17
narios identified under subsection (a)(1);
18
(B) provides a status update on the devel-
19
opment of defense planning scenarios required
20
by subsection (a)(2);
21
(C) sets forth a plan for the completion of
22
such planning scenarios by not later than one
23
year after such date of enactment; and
24
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(D) details the process by which such plan-
1
ning scenarios will be reviewed, updated as nec-
2
essary, and validated.
3
(2) FORM.—The interim report required by
4
paragraph (1) shall be submitted in unclassified
5
form but may include a classified annex.
6
(e) REPORT.—
7
(1) IN
GENERAL.—Not later than one year
8
after the date of the enactment of this Act, the Sec-
9
retary of Defense shall submit to the Committees on
10
Armed Services of the Senate and the House of Rep-
11
resentatives a report that summarizes the strategy
12
developed under subsection (a).
13
(2) FORM.—The report required by paragraph
14
(1) shall be submitted in unclassified form but may
15
include a classified annex.
16
SEC. 1239. MASTER PLAN FOR FACILITY REQUIREMENTS TO
17
SUPPORT ROTATIONAL FORCE PRESENCE IN
18
THE PHILIPPINES.
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 Commander of the United
22
States Indo-Pacific Command, shall submit to the con-
23
gressional defense committees a master plan outlining fa-
24
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cility requirements to support a rotational presence of the
1
United States Armed Forces in the Philippines.
2
(b) ELEMENTS.—The master plan required by sub-
3
section (a) shall include, at a minimum, the following:
4
(1) An identification of enhanced defense co-
5
operation sites, cooperative security locations, and
6
other locations supporting rotational presence of the
7
United States Armed Forces in the Philippines.
8
(2) For each location identified under para-
9
graph (1), an identification of validated facility re-
10
quirements necessary to support rotational forces.
11
(3) A delineation of funding responsibilities be-
12
tween the Department of Defense and the Govern-
13
ment of the Philippines for fulfilling such require-
14
ments.
15
(4) A timeline for fulfilling such requirements.
16
(5) Any other matter the Secretary considers
17
appropriate.
18
(c) UPDATES.—Concurrently with the submission of
19
the budget of the President to Congress pursuant to sec-
20
tion 1105 of title 31, United States Code, for each of fiscal
21
years 2028 through 2033, the Secretary shall submit to
22
the congressional defense committees an update to the
23
master plan required by subsection (a).
24
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SEC. 1240. MASTER PLAN FOR INFRASTRUCTURE REQUIRE-
1
MENTS TO SUPPORT ROTATIONAL FORCE
2
PRESENCE IN AUSTRALIA.
3
(a) IN GENERAL.—Not later than 180 days after the
4
date of the enactment of this Act, the Secretary of De-
5
fense, in coordination with the Commander of the United
6
States Indo-Pacific Command, shall submit to the con-
7
gressional defense committees a master plan outlining in-
8
frastructure requirements to support a rotational presence
9
of the United States Armed Forces in Australia.
10
(b) ELEMENTS.—The master plan required by sub-
11
section (a) shall include, at a minimum, the following:
12
(1) An identification of cooperative security lo-
13
cations and other locations supporting a rotational
14
presence of the United States Armed Forces in Aus-
15
tralia, including Marine Rotational Force-Darwin
16
and Submarine Rotational Force-West.
17
(2) For each location identified under para-
18
graph (1), an identification of validated infrastruc-
19
ture requirements necessary to support rotational
20
forces.
21
(3) A delineation of funding responsibilities be-
22
tween the Department of Defense and the Govern-
23
ment of Australia for fulfilling such requirements.
24
(4) A timeline for fulfilling such requirements.
25
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(5) Any other matter the Secretary considers
1
appropriate.
2
(c) UPDATES.—Concurrently with the submission of
3
the budget of the President to Congress pursuant to sec-
4
tion 1105 of title 31, United States Code, for each of fiscal
5
years 2028 through 2033, the Secretary shall submit to
6
the congressional defense committees an update to the
7
master plan required by subsection (a).
8
SEC. 1241. EXTENSION OF PILOT PROGRAM TO DEVELOP
9
YOUNG CIVILIAN DEFENSE LEADERS IN THE
10
INDO-PACIFIC REGION.
11
Section 1261(e) of the James M. Inhofe National De-
12
fense Authorization Act for Fiscal Year 2023 (10 U.S.C.
13
311 note) is amended by striking ‘‘December 31, 2026’’
14
and inserting ‘‘December 31, 2031’’.
15
SEC. 1242. EXTENSION OF PILOT PROGRAM TO IMPROVE
16
CYBER COOPERATION WITH COVERED FOR-
17
EIGN MILITARY PARTNERS IN SOUTHEAST
18
ASIA.
19
Section 1256(e) of the William M. (Mac) Thornberry
20
National Defense Authorization Act for Fiscal Year 2021
21
(10 U.S.C. 333 note) is amended by striking ‘‘December
22
31, 2028’’ and inserting ‘‘December 31, 2030’’.
23
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SEC. 1243. EXTENSION OF AUTHORITY TO TRANSFER
1
FUNDS FOR BIEN HOA DIOXIN CLEANUP.
2
Section 1253(b) of the William M. (Mac) Thornberry
3
National Defense Authorization Act for Fiscal Year 2021
4
(Public Law 116–283; 134 Stat. 3955) is amended by
5
striking ‘‘fiscal year 2026’’ and inserting ‘‘fiscal year
6
2027’’.
7
SEC. 1244. LIMITATION ON AVAILABILITY OF FUNDS FOR
8
TRAVEL EXPENSES OF THE OFFICE OF THE
9
SECRETARY OF DEFENSE.
10
Of the funds authorized to be appropriated by this
11
Act or otherwise made available for fiscal year 2027 for
12
Operation and Maintenance, Defense-wide, and available
13
for the Office of the Secretary of Defense for travel ex-
14
penses, not more than 75 percent may be obligated or ex-
15
pended until the Secretary of Defense submits—
16
(1) the multi-year plan to fulfill the defensive
17
requirements of the military forces of Taiwan, also
18
known as the ‘‘Taiwan Security Assistance Road-
19
map’’, required by section 5506 of the James M.
20
Inhofe National Defense Authorization Act for Fis-
21
cal Year 2023 (22 U.S.C. 3355);
22
(2) the annual progress report due on Decem-
23
ber 31, 2024, regarding implementation of the pilot
24
program to improve cyber cooperation with covered
25
foreign military partners in Southeast Asia required
26
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by section 1256(c)(2) of the William M. (Mac)
1
Thornberry National Defense Authorization Act for
2
Fiscal Year 2021 (10 U.S.C. 333 note);
3
(3) briefings on revised program selection guid-
4
ance and use of the total obligation authority with-
5
hold technique for the Pacific Deterrence Initiative,
6
as required by the Joint Explanatory Statement ac-
7
companying the National Defense Authorization Act
8
for Fiscal Year 2026 (Public Law 119–60; 139 Stat.
9
718);
10
(4) the briefing required by section 1266 of the
11
National Defense Authorization Act for Fiscal Year
12
2026 (Public Law 119–60; 139 Stat. 1120; 22
13
U.S.C. 3302 note) regarding the establishment of a
14
joint program with Taiwan for the purpose of ena-
15
bling the fielding of uncrewed systems and counter-
16
uncrewed systems capabilities;
17
(5) the report required by section 1269 of the
18
National Defense Authorization Act for Fiscal Year
19
2026 (Public Law 119–60; 139 Stat. 1124) regard-
20
ing enhancing the United States defense relationship
21
with the Philippines;
22
(6) the annual report required by section 1332
23
of the National Defense Authorization Act for Fiscal
24
Year 2024 (22 U.S.C. 10412) regarding Department
25
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of Defense activities to implement the AUKUS part-
1
nership; and
2
(7) the annual report on Chinese military com-
3
panies operating in the United States required by
4
section 1260H of the William M. (Mac) Thornberry
5
National Defense Authorization Act for Fiscal Year
6
2021 (10 U.S.C. 113 note).
7
SEC. 1245. REPORT ON JAPANESE COUNTERSTRIKE CAPA-
8
BILITIES.
9
(a) IN GENERAL.—Not later than 180 days after the
10
date of the enactment of this Act, the Secretary of De-
11
fense, in coordination with the Secretary of State, shall
12
submit to the congressional defense committees a report
13
outlining Department of Defense efforts to support Japan
14
in the fielding of an operational counterstrike capability.
15
(b) ELEMENTS.—The report required by subsection
16
(a) shall include, at a minimum, the following:
17
(1) A description of the activities and objectives
18
of the United States-Japan Roles, Missions, and Ca-
19
pabilities Working Group with respect to the fielding
20
of an operational counterstrike capability by Japan.
21
(2) A description of the operations, activities,
22
and investments the Department is undertaking in
23
collaboration with the Government of Japan, includ-
24
ing—
25
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(A) a description of progress made by the
1
United States and Japan in developing and de-
2
ploying counterstrike capabilities, including in
3
and across the First Island Chain;
4
(B) a description of the counterstrike ca-
5
pabilities of Japan and a characterization of the
6
potential for enhancement of such capabilities;
7
(C) a description of the impediments to
8
fielding a strengthened alliance strike posture,
9
including—
10
(i) domestic legal constraints;
11
(ii) regulatory restrictions, including
12
technology and foreign disclosure con-
13
straints;
14
(iii) industrial base-driven capacity
15
limitations; and
16
(iv) political impediments;
17
(D) an articulation of the planning as-
18
sumptions underpinning the assigned and an-
19
ticipated roles, missions, and capabilities of the
20
respective counterstrike capabilities of the
21
United States and Japan;
22
(E) a description of the manner in which
23
the United States and Japan will coordinate
24
and deconflict counterstrike operations; and
25
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(F) an assessment of potential alliance
1
posture changes that would support an en-
2
hanced alliance counterstrike capability, includ-
3
ing in the First Island Chain.
4
(3) A description of the command and control
5
mechanisms and information-sharing requirements
6
needed to enable coordination and deconfliction of
7
allied counterstrike operations, including—
8
(A) the adoption of enhanced security pro-
9
tocols to ensure secure networks;
10
(B) the technical means needed to facili-
11
tate integrated planning for counterstrike oper-
12
ations; and
13
(C) the sharing of targeting information.
14
(4) An identification of challenges to the imple-
15
mentation of the operations, activities, and invest-
16
ments described in paragraph (2), and any rec-
17
ommended legislative changes, resourcing require-
18
ments, bilateral agreements, or other measures that
19
would facilitate the implementation of such oper-
20
ations, activities, and investments.
21
(c) FORM.—The report required by subsection (a)
22
shall be submitted in unclassified form but may include
23
a classified annex.
24
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SEC. 1246. STRATEGY FOR CYBER COOPERATION IN THE
1
INDO-PACIFIC REGION.
2
(a) IN GENERAL.—Not later than 180 days after the
3
date of the enactment of this Act, the Under Secretary
4
of Defense for Policy and the Chairman of the Joint
5
Chiefs of Staff, in coordination with the Commander of
6
the United States Indo-Pacific Command and the Com-
7
mander of the United States Cyber Command, shall de-
8
velop, submit to the congressional defense committees, and
9
commence implementation of a strategy to enhance and
10
institutionalize cyber cooperation between the Department
11
of Defense and allies and partners in the Indo-Pacific re-
12
gion.
13
(b) ELEMENTS.—The strategy required by subsection
14
(a) shall include the following:
15
(1) An identification of the current and pro-
16
jected cyber cooperation requirements of the Depart-
17
ment of Defense in the Indo-Pacific region through
18
2040, including requirements identified in theater
19
security cooperation plans, relating to—
20
(A) defensive cyberspace operations;
21
(B) offensive cyber operations;
22
(C) secure information sharing;
23
(D) cyber training, exercises, and work-
24
force development;
25
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(E) protection of critical infrastructure,
1
communications networks, and defense indus-
2
trial base networks;
3
(F) joint planning and operational integra-
4
tion; and
5
(G) command and control structures for
6
joint cyber integration.
7
(2) An identification of existing cyber coopera-
8
tion activities, agreements, and capability gaps be-
9
tween the Department of Defense and allies and
10
partners in the Indo-Pacific region.
11
(3) A strategic review of the cybersecurity ca-
12
pacity and cyber resilience of allies and partners in
13
the Indo-Pacific region that includes the following:
14
(A) With respect to each such ally or part-
15
ner—
16
(i) an assessment of the extent to
17
which the ally or partner has expressed in-
18
terest or has participated in existing
19
United States Government or Department
20
programs to assist in the expansion of cy-
21
bersecurity capacity across policies, tech-
22
nical architecture, and practices of the ally
23
or partner, the results of any such partici-
24
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pation, and an identification of any bar-
1
riers to effective participation;
2
(ii) an assessment of the extent to
3
which the responsibility for cybersecurity
4
capabilities and any exposure resulting
5
from gaps in such capabilities lie with the
6
military, another government entity, or the
7
commercial sector of the ally or partner,
8
and an assessment of the manner in which
9
the structure contributes to opportunities
10
for, or risks to, collaboration with the
11
United States Armed Forces;
12
(iii) an identification of the cybersecu-
13
rity standards used by each ally or part-
14
ner, and an assessment of the extent to
15
which such standards overlap with United
16
States cybersecurity standards; and
17
(iv) in the case of an ally or partner
18
that does not have shared cybersecurity
19
standards with the United States, a review
20
of the differences between standards, the
21
manner in which such differences may cre-
22
ate barriers to interoperability and collabo-
23
ration with the Department, existing De-
24
partment mitigation measures to ensure
25
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collaboration, and recommendations for
1
more permanent solutions.
2
(B) An identification of additional re-
3
sources or authorities required to help address
4
gaps in the cybersecurity architecture or prac-
5
tices of such allies and partners, including with
6
respect to the National Guard’s State Partner-
7
ship Program and consultations provided by the
8
Department of State and the Department of
9
Homeland Security.
10
(C) An identification of any capability gaps
11
of such allies and partners with respect to cy-
12
bersecurity capacity and cyber resilience that
13
the Department may be able to address through
14
security cooperation initiatives.
15
(4) An identification of—
16
(A) actions necessary to strengthen cyber
17
cooperation, interoperability, intelligence and in-
18
formation sharing, cyber defense and cybersecu-
19
rity integration, and combined cyber planning
20
with such allies and partners;
21
(B) any authorities, force posture adjust-
22
ments, organizational changes, or legislative ac-
23
tions required to improve cybersecurity in the
24
Indo-Pacific region; and
25
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(C) opportunities—
1
(i) to expand bilateral and multilateral
2
cyber exercises, cyber workforce exchanges,
3
cyber capacity-building initiatives, and
4
operational collaboration with such allies
5
and partners;
6
(ii) to leverage existing security co-
7
operation mechanisms and multilateral
8
partnerships to support the objectives of
9
the strategy; and
10
(iii) to enhance collaboration between
11
the Joint Staff, the Office of the Secretary
12
of Defense, the United States Cyber Com-
13
mand, and the United States Indo-Pacific
14
Command on cybersecurity cooperation
15
with allies and partners in the Indo-Pacific
16
region.
17
(c) FUNDING PLAN.—Not later than 180 days after
18
the date of the enactment of this Act, the Under Secretary
19
of Defense for Policy and the Chairman of the Joint
20
Chiefs of Staff, in coordination with the Commander of
21
the United States Indo-Pacific Command and the Com-
22
mander of the United States Cyber Command, shall sub-
23
mit to the congressional defense committees a report that
24
includes—
25
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(1) a plan for funding and resourcing the im-
1
plementation of the strategy developed under sub-
2
section (a) across the period covered by the most re-
3
cent future-years defense program submitted to Con-
4
gress under section 221 of title 10, United States
5
Code, as of the date of the report; and
6
(2) an identification of any resource gaps that
7
would impede implementation of such strategy.
8
(d) BRIEFING.—Not later than 180 days after the
9
date of the enactment of this Act, the Under Secretary
10
of Defense for Policy and the Chairman of the Joint
11
Chiefs of Staff shall provide the congressional defense
12
committees with a briefing on the strategy required by
13
subsection (a).
14
(e) IMPLEMENTATION
REPORT.—Not later than
15
March 15, 2028, the Under Secretary of Defense for Pol-
16
icy and the Chairman of the Joint Chiefs of Staff shall
17
submit to the congressional defense committees a report
18
on the progress of the implementation of such strategy,
19
including—
20
(1) a description of actions taken to implement
21
the strategy;
22
(2) an assessment of remaining operational and
23
capability gaps;
24
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(3) an identification of any barriers to imple-
1
mentation; and
2
(4) recommendations for any additional au-
3
thorities or resources required to carry out the strat-
4
egy.
5
(f) FORM.—The strategy, briefing, and report re-
6
quired by this section shall be submitted in unclassified
7
form but may include a classified annex.
8
SEC. 1247. EXTENSION AND MODIFICATION OF INDO-PA-
9
CIFIC MARITIME SECURITY INITIATIVE.
10
(a) EXPANSION
OF TYPES
OF ASSISTANCE
AND
11
TRAINING.—Subsection (c) of section 1263 of the Na-
12
tional Defense Authorization Act for Fiscal Year 2016 (10
13
U.S.C. 333 note) is amended—
14
(1) by redesignating paragraph (2) as para-
15
graph (3); and
16
(2) by inserting after paragraph (1) the fol-
17
lowing new paragraph (2):
18
‘‘(2) DEMONSTRATION AND OPERATIONAL TEST
19
AND
EVALUATION
OF
UNCREWED
SYSTEMS
AND
20
ASYMMETRIC OPERATIONAL CONCEPTS.—During the
21
period ending on December 31, 2028, assistance
22
provided under subsection (a)(1)(A) may also in-
23
clude the provision, in coordination with the Depart-
24
ment of State, of the following:
25
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‘‘(A) Operational test and evaluation of
1
uncrewed systems and asymmetric operational
2
concepts as part of other assistance to the na-
3
tional military or other security forces described
4
in subsection (a)(1)(A)(i) or the other national-
5
level governmental organizations described in
6
subsection (a)(1)(A)(ii).
7
‘‘(B) Demonstration of uncrewed systems
8
and asymmetric operational concepts as part of
9
other assistance to the national military or
10
other security forces described in subsection
11
(a)(1)(A)(i) or the other national-level govern-
12
mental organizations described in subsection
13
(a)(1)(A)(ii).’’.
14
(b) MODIFICATION OF REPORTING PERIOD.—Sub-
15
section (i)(1) of such section is amended—
16
(1) in the matter preceding subparagraph (A),
17
by striking ‘‘calendar year’’ and inserting ‘‘fiscal
18
year’’; and
19
(2) in subparagraph (G), by striking ‘‘calendar
20
year’’ and inserting ‘‘fiscal year’’.
21
(c) AVAILABILITY
OF
FUNDS
ACROSS
FISCAL
22
YEARS.—Such section is further amended—
23
(1) by redesignating subsection (j) as sub-
24
section (k); and
25
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(2) by inserting after subsection (i) the fol-
1
lowing new subsection (j):
2
‘‘(j) AVAILABILITY
OF
FUNDS
FOR
PROGRAMS
3
ACROSS FISCAL YEARS.—Amounts available in fiscal year
4
2027 or any subsequent fiscal year to carry out the au-
5
thority in subsection (a) may be used for programs under
6
that authority that begin in such fiscal year and end not
7
later than the end of the second fiscal year thereafter.’’.
8
(d) EXTENSION.—Subsection (k) of such section, as
9
redesignated, is amended by striking ‘‘December 31,
10
2027’’ and inserting ‘‘December 31, 2031’’.
11
SEC. 1248. ANNUAL ASSESSMENT OF CONTRIBUTION OF
12
CERTAIN ARTIFICIAL INTELLIGENCE CHIPS
13
TO MILITARY CAPABILITIES OF THE PEO-
14
PLE’S REPUBLIC OF CHINA.
15
(a) IN GENERAL.—Not later than 180 days after the
16
date of the enactment of this Act, and annually thereafter
17
for a period of five years, the Director of the Defense
18
Technology Security Administration shall submit to the
19
Committees on Armed Services of the Senate and the
20
House of Representatives an unclassified report, which
21
may contain a classified annex, on the contribution of cov-
22
ered AI chips to the military capabilities of the People’s
23
Republic of China, including resulting threats to the artifi-
24
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cial intelligence leadership and national security of the
1
United States.
2
(b) ELEMENTS.—Each report required under sub-
3
section (a) shall include the following:
4
(1) An estimate of the total compute installa-
5
tion base of the People’s Republic of China.
6
(2) An assessment of the methods through
7
which the People’s Republic of China is acquiring
8
covered AI chips, including remote access.
9
(3) An evaluation of the ability of the People’s
10
Republic of China to produce indigenous artificial
11
intelligence chips at scale to replace covered AI
12
chips.
13
(4) An assessment of methods the People’s Re-
14
public of China uses to acquire covered AI chips
15
through unauthorized channels, covert or illicit net-
16
works, or other forms of illegal diversion.
17
(5) An assessment of specific military capabili-
18
ties of the People’s Republic of China to which cov-
19
ered AI chips are directly contributing.
20
(6) An assessment of threats to the artificial in-
21
telligence leadership of the United States posed by
22
the access by the People’s Republic of China to cov-
23
ered AI chips, including effects on development of
24
frontier artificial intelligence and model diffusion.
25
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(7) A net assessment of the military advantage
1
conferred upon the People’s Liberation Army by ac-
2
cess to covered AI chips, including a comparison of
3
artificial intelligence capabilities without such access.
4
(8) Policy recommendations for improving the
5
ability of the United States Government to assess
6
the variables described in paragraphs (1) through
7
(7), strengthening artificial intelligence leadership of
8
the United States, and limiting the contribution of
9
covered AI chips to the military capabilities of the
10
People’s Republic of China.
11
(c) COVERED AI CHIP DEFINED.—In this section,
12
the term ‘‘covered AI chip’’ means any advanced inte-
13
grated circuit, computer, or other product that—
14
(1) is designed by or manufactured using tech-
15
nology originating in the United States, including
16
items produced abroad using intellectual property,
17
design software, or semiconductor manufacturing
18
equipment originating in the United States; and
19
(2)(A) is classified or classifiable under Export
20
Control Classification Number 3A090.z, 4A090,
21
5A002.z, related .z Export Control Classification
22
Numbers, or any successor classification; or
23
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(B) is an item that is functionally equivalent to
1
an item classified or classifiable as described in sub-
2
paragraph (A).
3
SEC. 1249. MODIFICATION OF AUTHORIZATION OF SALES
4
TO
AUSTRALIA
OF
IN-SERVICE
VIRGINIA
5
CLASS SUBMARINES TO PROVIDE FOR SALE
6
OF ADDITIONAL IN-SERVICE SUBMARINE IN
7
LIEU OF NEW CONSTRUCTION SUBMARINE.
8
(a) MODIFICATION OF AUTHORIZATION.—Subsection
9
(a) of section 1352 of the AUKUS Submarine Transfer
10
Authorization Act (22 U.S.C. 10431) is amended—
11
(1) by striking ‘‘two’’ and inserting ‘‘three’’;
12
and
13
(2) by striking ‘‘, and transfer not more than
14
one additional Virginia Class submarine to the Gov-
15
ernment of Australia on a sale basis’’.
16
(b) TECHNICAL AMENDMENTS.—Such section is fur-
17
ther amended—
18
(1) in subsection (a)—
19
(A) by striking ‘‘Effective beginning on’’
20
and all that follows through ‘‘the President’’
21
and inserting ‘‘The President’’; and
22
(B) by striking ‘‘20-year period beginning
23
on the date of the enactment of this Act’’ and
24
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inserting ‘‘20-year period beginning on Decem-
1
ber 22, 2023’’; and
2
(2) in subsection (i)(1)—
3
(A) in the matter preceding subparagraph
4
(A), by striking ‘‘Not later than’’ and all that
5
follows through ‘‘15 years’’ and inserting ‘‘Not
6
later than July 1 of each year through 2039’’;
7
and
8
(B) in subparagraph (D), by striking ‘‘over
9
the’’ and all that follows through ‘‘this Act’’
10
and inserting ‘‘through December 22, 2038’’.
11
SEC. 1250. WAR RESERVE STOCK PROGRAM FOR TAIWAN.
12
(a) IN GENERAL.—Notwithstanding section 514 of
13
the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),
14
the President may transfer to Taiwan any or all of the
15
items described in subsection (b).
16
(b) ITEMS DESCRIBED.—The items referred to in
17
subsection (a) are humanitarian and medical supplies,
18
armor, artillery, automatic weapons ammunition, missiles,
19
and other munitions that—
20
(1) are obsolete or surplus items;
21
(2) are in the inventory of the Department of
22
Defense;
23
(3) are intended for use as reserve stocks for
24
Taiwan; and
25
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(4) are located in a stockpile in Taiwan.
1
(c) CONGRESSIONAL NOTIFICATION.—Not later than
2
30 days before making a transfer under the authority of
3
this section, the President shall transmit a notification of
4
the proposed transfer to the Committee on Foreign Rela-
5
tions and the Committee on Armed Services of the Senate
6
and the Committee on Foreign Affairs and the Committee
7
on Armed Services of the House of Representatives. The
8
notification shall identify the items to be transferred and
9
the concessions to be received.
10
(d) REPORT.—
11
(1) IN
GENERAL.—Not later than one year
12
after the date of the enactment of this Act, and an-
13
nually thereafter, the Secretary of State shall submit
14
a report to the appropriate committees of Congress
15
summarizing items included in each transfer under
16
this section, the concessions received, and timelines
17
for delivery.
18
(2) SUBMISSION OF SUBSEQUENT REPORTS.—
19
After the submission of the initial report under this
20
subsection, the Secretary of State may combine the
21
submission of the subsequent reports with the re-
22
porting requirements under the Taiwan Enhanced
23
Resilience Act (22 U.S.C. 3351 et seq.), as appro-
24
priate.
25
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SEC. 1251. SENSE OF CONGRESS ON DEFENSE ALLIANCES
1
AND PARTNERSHIPS IN THE INDO-PACIFIC
2
REGION.
3
It is the sense of Congress that the Secretary of De-
4
fense should continue efforts that strengthen United
5
States defense alliances and partnerships in the Indo-Pa-
6
cific region so as to further the comparative advantage of
7
the United States in strategic competition with the Peo-
8
ple’s Republic of China, including by—
9
(1) enhancing cooperation with Japan, con-
10
sistent with the Treaty of Mutual Cooperation and
11
Security Between the United States of America and
12
Japan, signed at Washington January 19, 1960 (11
13
UST 1632), including by enhancing deterrence and
14
extended deterrence, developing advanced military
15
capabilities, upgrading command and control rela-
16
tionships, fostering interoperability across all do-
17
mains, improving sharing of information and intel-
18
ligence, and fostering multilateral cooperation with
19
the Republic of Korea, the Philippines, Australia,
20
and other partners;
21
(2) reinforcing the United States alliance with
22
the Republic of Korea, including by maintaining the
23
presence of approximately 28,500 members of the
24
United States Armed Forces deployed to the Repub-
25
lic of Korea, enhancing mutual defense industrial
26
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base cooperation, responsibly implementing the con-
1
ditions-based transition of wartime operational con-
2
trol, and affirming the United States extended deter-
3
rence commitment using the full range of United
4
States defense capabilities, consistent with the Mu-
5
tual Defense Treaty Between the United States and
6
the Republic of Korea, signed at Washington Octo-
7
ber 1, 1953 (5 UST 2368), in support of the shared
8
objective of a peaceful and stable Korean Peninsula;
9
(3) fostering bilateral and multilateral coopera-
10
tion with Australia, consistent with the Security
11
Treaty Between Australia, New Zealand, and the
12
United States of America, signed at San Francisco
13
September 1, 1951 (3 UST 3420), and the United
14
States-Australia Force Posture Initiatives, and
15
through the defense trade partnership among Aus-
16
tralia, the United Kingdom, and the United States
17
(commonly known as the ‘‘AUKUS’’ partnership)—
18
(A) to advance shared security objectives;
19
(B) to accelerate the fielding of advanced
20
military capabilities; and
21
(C) to build the capacity of emerging part-
22
ners;
23
(4) bolstering security cooperation with the
24
Philippines in accordance with the Mutual Defense
25
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Treaty Between the United States and the Republic
1
of the Philippines, signed at Washington August 30,
2
1951 (3 UST 3947), including through the imple-
3
mentation of the United States-Philippines Security
4
Sector Assistance Roadmap, and other enabling sup-
5
port necessary for the protection of Philippine sov-
6
ereignty;
7
(5) advancing United States partnerships with
8
Thailand and other members of the Association of
9
Southeast Asian Nations to enhance maritime do-
10
main awareness, promote sovereignty and territorial
11
integrity, leverage technology and promote innova-
12
tion, and support an open, inclusive, and rules-based
13
regional architecture;
14
(6) broadening United States engagement with
15
India, including through the Quadrilateral Security
16
Dialogue—
17
(A) to advance the shared objective of a
18
free and open Indo-Pacific region through bilat-
19
eral and multilateral engagements and partici-
20
pation in military exercises, expanded defense
21
trade, and collaboration on humanitarian aid
22
and disaster response; and
23
(B) to enable greater cooperation on mari-
24
time security;
25
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(7) strengthening the United States partnership
1
with Taiwan, consistent with the Three Commu-
2
niques, the Taiwan Relations Act (Public Law 96–
3
8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
4
with the goal of improving Taiwan’s defensive capa-
5
bilities, including through the continued provision of
6
security assistance via Foreign Military Sales, au-
7
thorities contained in chapter 16 of title 10, United
8
States Code, and other authorities available to the
9
Secretary, and promoting peaceful cross-strait rela-
10
tions;
11
(8) reinforcing the status of Singapore as a
12
Major Security Cooperation Partner of the United
13
States and continuing to strengthen defense and se-
14
curity cooperation between the military forces of
15
Singapore and the United States Armed Forces, in-
16
cluding through participation in combined exercises
17
and training;
18
(9) engaging with the Federated States of Mi-
19
cronesia, the Marshall Islands, Palau, and other Pa-
20
cific Island countries, with the goal of strengthening
21
regional security and addressing issues of mutual
22
concern, including protecting fisheries from illegal,
23
unreported, and unregulated fishing;
24
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(10) collaborating with Canada, the United
1
Kingdom, France, and other members of the Euro-
2
pean Union and the North Atlantic Treaty Organi-
3
zation to build connectivity and advance a shared vi-
4
sion for the Indo-Pacific region that is principled,
5
long-term, and anchored in democratic resilience;
6
and
7
(11) investing in enhanced military posture and
8
capabilities in the area of responsibility of the
9
United States Indo-Pacific Command and strength-
10
ening cooperation in bilateral relationships, multilat-
11
eral partnerships, and other international fora to up-
12
hold global security and shared principles, with the
13
goal of ensuring the maintenance of a free and open
14
Indo-Pacific region.
15
Subtitle E—Other Matters
16
SEC. 1261. WESTERN HEMISPHERE STRATEGY.
17
(a) IN GENERAL.—Not later than 180 days after the
18
date of the enactment of this Act, the Secretary of De-
19
fense, in consultation with the Secretary of State, the Di-
20
rector of National Intelligence, the Secretary of Homeland
21
Security, and the Attorney General, shall develop and sub-
22
mit to the congressional defense committees a comprehen-
23
sive strategy for advancing United States interests in the
24
Western Hemisphere.
25
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(b) ELEMENTS.—The strategy required by subsection
1
(a) shall include the following:
2
(1) An assessment of current and emerging
3
threats to the national security of the United States
4
in the Western Hemisphere, including regional
5
threats and threats from countries of concern (with-
6
in the meaning of the term ‘‘covered nation’’ under
7
section 4872(f) of title 10, United States Code)
8
across all domains (including the space and cyber-
9
space domains).
10
(2) An assessment of current security and eco-
11
nomic security objectives of the United States in the
12
Western Hemisphere.
13
(3) A description of any current or proposed
14
Department of Defense programs or activities to
15
achieve such objectives.
16
(4) A description of the roles and responsibil-
17
ities of the Department in supporting broader
18
United States Government objectives in the region.
19
(5) A description of the role of allied and part-
20
ner countries in achieving United States security ob-
21
jectives in the Western Hemisphere.
22
(6) An evaluation of current security coopera-
23
tion activities with partner countries, including ca-
24
pacity-building efforts, training exercises, and intel-
25
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ligence sharing, to achieve United States objectives
1
in the Western Hemisphere.
2
(7) A plan to strengthen partnerships with al-
3
lied and partner countries in the Western Hemi-
4
sphere to counter shared threats.
5
(8) A description of the efforts of the Depart-
6
ment to improve interagency coordination and unity
7
of effort across the United States Government.
8
(9) A plan for providing military support to the
9
diplomatic, economic, and law enforcement functions
10
of the United States Government to achieve the
11
strategy.
12
(10) An identification of capability gaps, re-
13
source constraints, and authorities required to effec-
14
tively implement the strategy.
15
(11) Any recommendations of the Secretary of
16
Defense for additional capabilities, resources, and
17
authorities needed for the purpose of implementing
18
the strategy.
19
(12) Metrics and benchmarks for assessing
20
progress in achieving the objectives of the strategy.
21
(c) FORM.—The strategy required by paragraph (1)
22
shall be submitted in unclassified form but may contain
23
a classified annex.
24
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(d) CLASSIFIED BRIEFING.—Not later than 180 days
1
after the date on which the strategy required by subsection
2
(a) is submitted, the Secretary of Defense shall provide
3
the congressional defense committees with a classified
4
briefing on the strategy.
5
SEC. 1262. ENHANCED COOPERATION IN NORTH ATLANTIC
6
AND ARCTIC REGIONS.
7
(a) ASSIGNMENT OF PERMANENT LIAISON OFFICER
8
OF THE KINGDOM OF DENMARK TO UNITED STATES
9
NORTHERN COMMAND.—The Secretary of Defense, in co-
10
ordination with the Secretary of State, shall formally in-
11
vite the Kingdom of Denmark to designate and assign a
12
permanent defense liaison officer to the headquarters of
13
the United States Northern Command.
14
(b) RESPONSIBILITIES.—The responsibilities of a li-
15
aison officer of the Kingdom of Denmark assigned to the
16
United States Northern Command under this section shall
17
include—
18
(1) facilitating daily coordination and informa-
19
tion sharing between the Kingdom of Denmark and
20
the United States Northern Command on security
21
matters relating to the Arctic and North Atlantic re-
22
gions; and
23
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(2) supporting planning, exercises, and oper-
1
ational integration relating to homeland defense and
2
Arctic domain awareness.
3
(c) STATUS AND PROTECTIONS.—Such a liaison offi-
4
cer shall be afforded the privileges and immunities cus-
5
tomary for foreign liaison officers assigned to a United
6
States combatant command, subject to all applicable
7
United States laws and Department of Defense regula-
8
tions.
9
(d) OVERSIGHT.—Not later than 60 days after the
10
date on which a liaison officer is assigned under this sec-
11
tion, the Secretary of Defense shall submit to the congres-
12
sional defense committees a notification that—
13
(1) describes the role and responsibilities of the
14
liaison officer and the anticipated contributions of
15
the liaison officer to United States and allied de-
16
fense cooperation; and
17
(2) includes a strategy to increase the integra-
18
tion of the liaison officer into command policy dis-
19
cussions and operational planning, as appropriate.
20
(e) NOTIFICATION.—Not later than 30 days before
21
entering into an agreement with the Kingdom of Denmark
22
under this section, the Secretary of Defense shall submit
23
to the appropriate committees of Congress notice of the
24
proposed agreement.
25
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(f) 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 Foreign Relations, and the Select
5
Committee on Intelligence of the Senate; and
6
(2) the Committee on Armed Services, the
7
Committee on Foreign Affairs, and the Permanent
8
Select Committee on Intelligence of the House of
9
Representatives.
10
SEC. 1263. REPORT ON CAPABILITIES AND ILLICIT ACTIVI-
11
TIES OF CARTELS.
12
(a) IN GENERAL.—Not later than 180 days after the
13
date of the enactment of this Act, the Secretary of De-
14
fense, in consultation with the Secretary of State, the Di-
15
rector of National Intelligence, the Attorney General, and
16
the Secretary of Homeland Security, shall submit to the
17
congressional defense committees a report on the capabili-
18
ties and illicit activities of the cartels specified in sub-
19
section (c), including the use of military-grade weaponry,
20
technology, and training.
21
(b) ELEMENTS.—The report required by subsection
22
(a) shall include the following:
23
(1) A detailed assessment of the organizational
24
structure, leadership hierarchy, and key operational
25
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figures of each cartel, including, with respect to any
1
individuals affiliated with the cartel, the roles of
2
such individuals in conducting organized military-
3
style operations and illicit activities.
4
(2) An evaluation of the capabilities of each
5
cartel, including the size, structure, and sophistica-
6
tion of the cartel, including—
7
(A) a description of the types and quan-
8
tities of weapons, equipment, and technology
9
(including drones, encrypted communications,
10
and advanced surveillance systems) used by the
11
cartel;
12
(B) a description of where and how the
13
cartel obtained weapons, equipment, and tech-
14
nology (including drones, encrypted communica-
15
tions, and advanced surveillance systems);
16
(C) an assessment of the recruitment,
17
training, and operational tactics of the cartel,
18
including an identification of any cross-border
19
operations and coordination with other criminal
20
or terrorist organizations or any government;
21
and
22
(D) an assessment of how the capabilities
23
of the cartel impact the security of the United
24
States, the security of partner nations in the
25
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Western Hemisphere, and the security of the
1
installations and personnel of the United States
2
Armed Forces.
3
(3) A comprehensive description and evaluation
4
of the threat of the illicit activities of the cartels to
5
the security of the United States, the security of
6
partner nations in the Western Hemisphere, and the
7
security of installations and personnel of the United
8
States Armed Forces, including—
9
(A) drug trafficking;
10
(B) human trafficking and migrant smug-
11
gling;
12
(C) weapons trafficking;
13
(D) money laundering and illicit financial
14
activities;
15
(E) extortion and protection rackets;
16
(F) kidnapping for ransom;
17
(G) fuel theft, including hydrocarbon
18
smuggling;
19
(H) cyber-enabled illicit activities; and
20
(I) theft and exploitation of natural re-
21
sources, including illegal mining and illegal log-
22
ging.
23
(4) A description of the geographic areas, both
24
within the United States and internationally, where
25
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the cartels operate or exert control of territory or in-
1
fluence, including control over border regions and
2
smuggling routes.
3
(5) An assessment of the direct and indirect
4
threats posed by the cartels to the national security
5
of the United States and its allies.
6
(6) A summary of current efforts by the Armed
7
Forces, law enforcement, and intelligence community
8
of the United States to counter the activities of the
9
cartels, including interagency coordination and co-
10
operation with foreign governments.
11
(7) Recommendations for additional authorities,
12
resources, or strategies to enhance the efforts of the
13
United States to disrupt and dismantle the capabili-
14
ties of the cartels.
15
(c) SPECIFIED CARTELS.—A cartel specified in this
16
subsection is any entity that is engaged in the production
17
and trafficking of narcotics that—
18
(1) the Secretary of State has designated as a
19
foreign terrorist organization pursuant to section
20
219 of the Immigration and Nationality Act (8
21
U.S.C. 1189);
22
(2) is subject to sanctions under Executive
23
Order 13224 (50 U.S.C. 1701 note; relating to
24
blocking property and prohibiting transactions with
25
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persons who commit, threaten to commit, or support
1
terrorism);
2
(3) is subject to sanctions under Executive
3
Order 14059 (relating to imposing sanctions on for-
4
eign persons involved in the global illicit drug trade);
5
or
6
(4) is a transnational criminal organization (as
7
defined in section 3003 of the FEND Off Fentanyl
8
Act (21 U.S.C. 2341)).
9
(d) FORM OF REPORT.—The report required by sub-
10
section (a) shall be submitted in unclassified form but may
11
include a classified annex.
12
(e) PUBLIC AVAILABILITY.—The unclassified portion
13
of the report required by subsection (a) shall be made pub-
14
licly available on a website of the Department of Defense.
15
SEC. 1264. REPORT ON THREATS TO UNITED STATES INTER-
16
ESTS IN AFRICA.
17
Not later than 120 days after the date of the enact-
18
ment of this Act, the Commander of the United States
19
Africa Command shall submit to the Committees on
20
Armed Services of the Senate and the House of Represent-
21
atives a report that—
22
(1) identifies and assesses the threats posed to
23
United States interests by terrorist groups, armed
24
non-state actors, and other military forces operating
25
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on the African continent, particularly in, but not
1
limited to, coastal West Africa, Somalia, the Sahel,
2
and Nigeria;
3
(2) summarizes the actions that have been
4
taken by the Secretary of Defense in response to
5
such identified threats;
6
(3) sets forth areas in which Department focus
7
and investment could be further strengthened to ad-
8
dress such threats;
9
(4) details the current presence in Nigeria of
10
the United States Armed Forces, the resource re-
11
quirements relating to such presence, and the areas
12
of focus for United States collaboration with Nige-
13
rian partners; and
14
(5) identifies any additional resources, authori-
15
ties, or policy modifications that would enable the
16
Commander of the United States Africa Command
17
to more effectively address the threats described in
18
paragraph (1).
19
SEC. 1265. REPORTS ON ARCTIC AND HIGH NORTH DE-
20
FENSE INTEGRATION.
21
(a) UNITED STATES DEFENSE INTEGRATION WITH
22
CANADA AND NORDIC ALLIES IN THE ARCTIC AND HIGH
23
NORTH.—
24
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(1) IN
GENERAL.—Not later than 180 days
1
after the date of the enactment of this Act, the Sec-
2
retary of Defense, in coordination with the Secretary
3
of State, shall submit to the Committees on Armed
4
Services of the Senate and the House of Representa-
5
tives a report on United States defense integration
6
with Canada and Nordic allies in the Arctic and
7
High North.
8
(2) ELEMENTS.—The report required by para-
9
graph (1) shall include the following:
10
(A) An assessment of the current United
11
States defense cooperation and force presence
12
across the Arctic and High North region.
13
(B) An assessment of current efforts to
14
work with Canada and Nordic allies to meet
15
shared security interests, including in—
16
(i) integrated air and missile defense;
17
(ii) training, exercises, and operations;
18
(iii) maritime domain awareness;
19
(iv) intelligence, surveillance, and re-
20
connaissance;
21
(v)
logistics,
pre-positioning,
and
22
sustainment; and
23
(vi) space and cyber defense coopera-
24
tion.
25
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(C) An assessment of current infrastruc-
1
ture, access, and basing arrangements, and any
2
recommendation with respect to modifications
3
that would better enable Arctic and High North
4
operations.
5
(D) An identification of any gaps in exist-
6
ing United States bilateral defense agreements
7
with Canada and Nordic allies that may limit
8
effective defense integration.
9
(E) Recommendations for strengthening
10
coordination within the North Atlantic Treaty
11
Organization relevant to the Arctic and High
12
North.
13
(F) An identification of any additional re-
14
sources or authorities that would enable deeper
15
integration to meet shared security objectives.
16
(3) FORM.—The report required by paragraph
17
(1) shall be submitted in unclassified form but may
18
include a classified annex.
19
(b) UNITED STATES-DENMARK DEFENSE COOPERA-
20
TION REGARDING GREENLAND.—
21
(1) IN
GENERAL.—Not later than 120 days
22
after the date of the enactment of this Act, the Sec-
23
retary of Defense, in coordination with the Secretary
24
of State, shall submit to the Committees on Armed
25
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Services of the Senate and the House of Representa-
1
tives a report on the status of defense coordination
2
and cooperation between the United States and the
3
Kingdom of Denmark with respect to Greenland.
4
(2) ELEMENTS.—The report required by para-
5
graph (1) shall include the following:
6
(A) A description of current United States
7
military activities, posture, and access in Green-
8
land.
9
(B) A description of ongoing and planned
10
activities with the Kingdom of Denmark related
11
to air, missile, maritime, space, and domain
12
awareness missions in and around Greenland.
13
(C) An assessment of any recommended
14
infrastructure resilience investments in Green-
15
land to enhance United States and allied oper-
16
ations.
17
(D) Recommendations for strengthening
18
United States-Denmark defense cooperation in
19
Greenland consistent with allied unity and High
20
North security objectives.
21
(3) FORM.—The report required by paragraph
22
(1) shall be submitted in unclassified form but may
23
include a classified annex.
24
(c) DEFINITIONS.—In this section:
25
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(1) HIGH
NORTH.—The term ‘‘High North’’
1
means the territories of Canada, the Kingdom of
2
Denmark, Finland, Iceland, Norway, the Russian
3
Federation, Sweden, and the United States located
4
throughout the Arctic region within the Arctic Cir-
5
cle.
6
(2) NORDIC ALLIES.—The term ‘‘Nordic allies’’
7
means—
8
(A) the Kingdom of Denmark, including
9
the territory of Greenland;
10
(B) Finland;
11
(C) Iceland;
12
(D) Norway; and
13
(E) Sweden.
14
SEC. 1266. BRIEFING ON MILITARY AND INTELLIGENCE
15
PRESENCE OF CUBA IN THE WESTERN HEMI-
16
SPHERE.
17
(a) IN GENERAL.—Not later than 180 days after the
18
date of the enactment of this Act, the Secretary of De-
19
fense, in consultation with the Secretary of State and the
20
Director of National Intelligence, shall submit to the con-
21
gressional defense committees a report on the military and
22
intelligence activities of Cuba in the Western Hemisphere.
23
(b) ELEMENTS.—The report required by subsection
24
(a) shall include the following:
25
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(1) An overview of military and intelligence fa-
1
cilities and personnel of Cuba in other countries in
2
the Western Hemisphere.
3
(2) An analysis of the military and intelligence
4
relationship between Cuba and each other country in
5
the Western Hemisphere.
6
(3) An assessment of the relationship between
7
the military and intelligence networks of Cuba and
8
any entity designated by the Secretary of State as
9
a foreign terrorist organization pursuant to section
10
219 of the Immigration and Nationality Act (8
11
U.S.C. 1189).
12
(4) An analysis of any cooperation, within the
13
Western Hemisphere, between the military and intel-
14
ligence agencies of Cuba and the military and intel-
15
ligence agencies of the People’s Republic of China.
16
(5) An assessment of the threat posed to
17
United States national security by military and in-
18
telligence activities of Cuba.
19
(c) FORM.—The report required by subsection (a)
20
shall be submitted in unclassified form but may include
21
a classified annex.
22
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SEC. 1267. CONTINUATION OF JOINT INTERAGENCY TASK
1
FORCE–COUNTER CARTEL.
2
(a) IN GENERAL.—The Secretary of Defense shall
3
continue to support and carry out, through December 31,
4
2030, the activities and functions of JIATF–Counter Car-
5
tel, in coordination with appropriate Federal departments
6
and agencies, consistent with applicable law.
7
(b) SUPPORT; CONSULTATION.—In carrying out sub-
8
section (a), the Secretary of Defense shall, as appropriate
9
and consistent with applicable law—
10
(1) provide personnel, logistics, intelligence sup-
11
port, technical assistance, planning, funding, and
12
any other functions necessary to support the activi-
13
ties and functions of JIATF–Counter Cartel; and
14
(2) consult with the Secretary of State, the Sec-
15
retary of the Treasury, the Attorney General, the
16
Secretary of Homeland Security, the Director of Na-
17
tional Intelligence, and heads of other United States
18
departments and agencies on the provision of per-
19
sonnel, intelligence support, diplomatic support,
20
technical assistance, and any other assistance nec-
21
essary for execution of the JIATF–Counter Cartel
22
mission.
23
(c) ANNUAL REPORTS.—On an annual basis, the Sec-
24
retary of Defense shall submit to the congressional defense
25
committees a report that includes a summary of the activi-
26
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ties of JIATF–Counter Cartel over the period covered by
1
the report, including a description of—
2
(1) the progress of JIATF–Counter Cartel in
3
carrying out the requirements of its mission;
4
(2) the metrics used to measure such progress;
5
and
6
(3) recommendations for congressional consid-
7
eration.
8
(d) DEFINITION.—In this section, the term ‘‘JIATF–
9
Counter Cartel’’ means the Joint Interagency Task
10
Force–Counter Cartel established to coordinate inter-
11
agency efforts to counter transnational cartel activity
12
under the direction of the United States Northern Com-
13
mand.
14
SEC. 1268. PLAN TO ENHANCE DEFENSE COOPERATION
15
WITH MOROCCO.
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 submit to the congressional defense committees a
19
plan to enhance United States defense cooperation with
20
Morocco, consistent with the United States-Morocco Road-
21
map for Defense Cooperation for 2026 through 2036.
22
(b) ELEMENTS.—The plan required by subsection (a)
23
shall include the following:
24
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(1) Options for establishing cooperative security
1
locations in Morocco to promote regional stability
2
and optimize joint readiness to respond to crises.
3
(2) A roadmap to deepen collaborative counter-
4
terrorism cooperation to address threats to the
5
United States homeland, Morocco, and the region.
6
(3) A plan to optimize joint readiness, includ-
7
ing—
8
(A) a consideration of the feasibility and
9
advisability of a cost-sharing plan to refurbish
10
strategic air command runways formerly oper-
11
ated by the United States;
12
(B) Morocco force modernization through
13
the procurement of United States defense arti-
14
cles; and
15
(C) the establishment of an all-domain
16
range complex.
17
(4) A plan to establish a drone center of excel-
18
lence in Morocco for joint all-domain operations and
19
as a model of tech-driven partnerships for the future
20
of warfighting.
21
(5) A review of options for increasing the scope
22
and scale of bilateral and multilateral military exer-
23
cises, such as African Lion, in order to ensure that
24
such exercises include consideration of cybersecurity,
25
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drone operations and counter-drone capabilities, un-
1
dersea technologies, countering hybrid warfare, pro-
2
tection of critical national infrastructure, logistics,
3
mobility chains, and adaptation to adversarial use of
4
artificial intelligence and autonomous warfighting
5
capabilities.
6
(c) SUBMISSION OF ROADMAP.—Not later than 30
7
days after the date of the enactment of this Act, the Sec-
8
retary shall submit to the Committees on Armed Services
9
of the Senate and the House of Representatives the
10
United States-Morocco Roadmap for Defense Cooperation
11
for 2026 through 2036.
12
SEC. 1269. EXTENSION OF PUBLIC LAW 115–68 AND RE-
13
LATED SECURITY COOPERATION PROGRAMS.
14
(a) PUBLIC LAW 115–68.—Section 1210E of the
15
William M. (Mac) Thornberry National Defense Author-
16
ization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
17
is amended—
18
(1) in subsection (a), in the matter preceding
19
paragraph (1), by striking ‘‘September 30, 2027’’
20
and inserting ‘‘September 30, 2029’’; and
21
(2) in subsection (e), in the matter preceding
22
paragraph (1), by striking ‘‘2025’’ and inserting
23
‘‘2029’’.
24
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(b) SECURITY COOPERATION PROGRAMS.—Section
1
1208 of the James M. Inhofe National Defense Authoriza-
2
tion Act for Fiscal Year 2023 (10 U.S.C. 301 note) is
3
amended—
4
(1) in subsection (a), in the matter preceding
5
paragraph (1), by striking ‘‘2027’’ and inserting
6
‘‘2029’’; and
7
(2) in subsection (b), by striking ‘‘2027’’ and
8
inserting ‘‘2029’’.
9
SEC. 1270. MODIFICATION OF REQUIREMENTS FOR DE-
10
PARTMENT OF DEFENSE REGIONAL CENTERS
11
FOR SECURITY STUDIES.
12
Section 342(b)(1)(B) of title 10, United States Code,
13
is amended by inserting ‘‘operational simulation and anal-
14
ysis,’’ after ‘‘exchange of ideas,’’.
15
TITLE XIII—COOPERATIVE
16
THREAT REDUCTION
17
SEC. 1301. COOPERATIVE THREAT REDUCTION FUNDS.
18
(a) FUNDING ALLOCATION.—Of the $221,332,000
19
authorized to be appropriated to the Department of De-
20
fense for fiscal year 2027 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
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following amounts may be obligated for the purposes spec-
1
ified:
2
(1) For transportation elimination disposition,
3
$26,414,000.
4
(2) For chemical security, $23,435,000.
5
(3) For global nuclear security, $29,950,000.
6
(4)
For
biological
threat
reduction,
7
$66,524,000.
8
(5) For proliferation prevention, $52,052,000.
9
(6) For activities designated as Other Assess-
10
ments/Administrative Costs, $22,957,000.
11
(b) SPECIFICATION OF COOPERATIVE THREAT RE-
12
DUCTION FUNDS.—Funds appropriated pursuant to the
13
authorization of appropriations in section 301 and made
14
available by the funding table in division D for the Depart-
15
ment of Defense Cooperative Threat Reduction Program
16
shall be available for obligation for fiscal years 2027,
17
2028, and 2029.
18
TITLE XIV—OTHER
19
AUTHORIZATIONS
20
Subtitle A—Military Programs
21
SEC. 1401. WORKING CAPITAL FUNDS.
22
Funds are hereby authorized to be appropriated for
23
fiscal year 2027 for the use of the Armed Forces and other
24
activities and agencies of the Department of Defense for
25
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providing capital for working capital and revolving funds,
1
as specified in the funding table in section 4501.
2
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
3
TION, DEFENSE.
4
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
5
are hereby authorized to be appropriated for the Depart-
6
ment of Defense for fiscal year 2027 for expenses, not oth-
7
erwise provided for, for Chemical Agents and Munitions
8
Destruction, Defense, as specified in the funding table in
9
section 4501.
10
(b) USE.—Amounts authorized to be appropriated
11
under subsection (a) are authorized for the destruction of
12
lethal chemical agents and munitions in accordance with
13
section 1412 of the Department of Defense Authorization
14
Act, 1986 ( 50 U.S.C. 1521).
15
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-
16
TIVITIES, DEFENSE-WIDE.
17
Funds are hereby authorized to be appropriated for
18
the Department of Defense for fiscal year 2027 for ex-
19
penses, not otherwise provided for, for Drug Interdiction
20
and Counter-Drug Activities, Defense-wide, as specified in
21
the funding table in section 4501.
22
SEC. 1404. DEFENSE INSPECTOR GENERAL.
23
Funds are hereby authorized to be appropriated for
24
the Department of Defense for fiscal year 2027 for ex-
25
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penses, not otherwise provided for, for the Office of the
1
Inspector General of the Department of Defense, as speci-
2
fied in the funding table in section 4501.
3
SEC. 1405. DEFENSE HEALTH PROGRAM.
4
Funds are hereby authorized to be appropriated for
5
fiscal year 2027 for the Defense Health Program for use
6
of the Armed Forces and other activities and agencies of
7
the Department of Defense for providing for the health
8
of eligible beneficiaries, as specified in the funding table
9
in section 4501.
10
Subtitle B—National Defense
11
Stockpile
12
SEC. 1411. AMENDMENTS TO STRATEGIC AND CRITICAL MA-
13
TERIALS STOCK PILING ACT.
14
The Strategic and Critical Materials Stock Piling Act
15
(50 U.S.C. 98 et seq.) is amended—
16
(1) in section 3 (50 U.S.C. 98b)—
17
(A) in the section heading, by striking
18
‘‘PRESIDENTIAL’’;
19
(B) in subsection (a), by striking ‘‘Presi-
20
dent’’ and inserting ‘‘Secretary of Defense’’;
21
and
22
(C) in subsections (b) and (c), by striking
23
‘‘President’’ each place it appears and inserting
24
‘‘Secretary’’;
25
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(2) in section 4(a)(4) (50 U.S.C. 98c(a)(4)), by
1
striking ‘‘50 U.S.C. App. 2093’’ and inserting ‘‘50
2
U.S.C. 4533’’;
3
(3) in section 5 (50 U.S.C. 98d)—
4
(A) in subsection (a)—
5
(i) in paragraph (1), by striking ‘‘this
6
section’’ and inserting ‘‘this subsection’’;
7
and
8
(ii) in paragraph (2)—
9
(I) by striking ‘‘President pro-
10
poses’’ and inserting ‘‘Secretary of
11
Defense proposes’’; and
12
(II) by striking ‘‘President has
13
submitted’’ and inserting ‘‘Secretary
14
has submitted’’; and
15
(B) in subsection (b), by striking ‘‘(as de-
16
fined in section 101(a) of title 10, United
17
States Code)’’ both places it appears;
18
(4) in section 6 (50 U.S.C. 98e)—
19
(A) in subsection (a)(7), by striking ‘‘(as
20
defined in section 101(a) of title 10, United
21
States Code)’’;
22
(B) in subsection (c)—
23
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(i) in paragraph (1), by striking
1
‘‘President’’ and inserting ‘‘Secretary of
2
Defense’’; and
3
(ii) in paragraph (3), by striking
4
‘‘President’’ each place it appears and in-
5
serting ‘‘Secretary’’;
6
(C) in subsections (d) and (e), by striking
7
‘‘President’’ each place it appears and inserting
8
‘‘Secretary’’;
9
(D) in subsection (f)—
10
(i) in the matter preceding paragraph
11
(1), by striking ‘‘President’’ each place it
12
appears and inserting ‘‘Secretary’’; and
13
(ii) in paragraph (2), by striking ‘‘(as
14
defined in section 101(a) of title 10,
15
United States Code)’’; and
16
(E) in subsection (g)(2)(A), by striking
17
‘‘(as defined in section 101(a) of title 10,
18
United States Code)’’;
19
(5) in section 8 (50 U.S.C. 98g)—
20
(A) in subsection (a)(1)—
21
(i) by striking ‘‘President’’ and insert-
22
ing ‘‘Secretary of Defense’’; and
23
(ii) by striking ‘‘source (B)’’ and in-
24
serting ‘‘source, (B)’’; and
25
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(B) in subsections (b), (c), and (d), by
1
striking ‘‘President’’ each place it appears and
2
inserting ‘‘Secretary’’;
3
(6) in section 10(b) (50 U.S.C. 98h–1(b))—
4
(A) in paragraph (3), by striking ‘‘of the
5
Readiness’’ and all that follows and inserting
6
‘‘of the Committee on Armed Services of the
7
House of Representatives.’’; and
8
(B) in paragraph (4), by striking ‘‘of the
9
Readiness’’ and all that follows and inserting
10
‘‘of the Committee on Armed Services of the
11
Senate.’’;
12
(7) in section 11(b) (50 U.S.C. 98h–2(b))—
13
(A) in paragraph (1), by striking ‘‘(as de-
14
fined in section 101(a) of title 10, United
15
States Code)’’; and
16
(B) in paragraph (2), by striking ‘‘this
17
Act’’ and inserting ‘‘this Act.’’;
18
(8) in section 12 (50 U.S.C. 98h–3), by adding
19
at the end the following new paragraph:
20
‘‘(4) The term ‘congressional defense commit-
21
tees’ has the meaning given that term in section
22
101(a) of title 10, United States Code.’’;
23
(9) in section 14 (50 U.S.C. 98h–5)—
24
(A) by striking subsection (e);
25
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(B) by redesignating subsection (f) as sub-
1
section (e); and
2
(C) in paragraph (2)(F) of subsection (e),
3
as so redesignated, by striking the semicolon
4
and inserting a period; and
5
(10) in section 16 (50 U.S.C. 98h–7)—
6
(A) in subsection (a), by striking ‘‘of the
7
President’’; and
8
(B) in subsection (c), by striking ‘‘The
9
President may delegate’’ and all that follows
10
through ‘‘Executive order.’’.
11
SEC. 1412. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNER-
12
SHIPS
FOR
RECYCLING
STRATEGIC
AND
13
CRITICAL MATERIALS.
14
(a) IN GENERAL.—Not later than May 1, 2027, the
15
Secretary of Defense, acting through the Assistant Sec-
16
retary of Defense for Industrial Base Policy, shall estab-
17
lish a pilot program under which the Department of De-
18
fense enters into public-private partnerships for the recy-
19
cling of strategic and critical materials.
20
(b) PUBLIC-PRIVATE
PARTNERSHIPS.—Public-pri-
21
vate partnerships established under subsection (a) may in-
22
clude the recycling of strategic and critical materials con-
23
tained in—
24
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(1) end-of-life equipment, particularly from
1
night vision;
2
(2) electronics; and
3
(3) such other items as the Secretary considers
4
appropriate.
5
(c) COLLABORATION
WITH
MILITARY
DEPART-
6
MENTS.—The Assistant Secretary shall collaborate with
7
the Secretaries of the military departments to ensure that
8
end-of-life equipment can be properly maintained and dis-
9
posed of under a public-private partnership entered into
10
under subsection (a).
11
(d) TERMINATION.—
12
(1) IN GENERAL.—The authority to enter into
13
public-private partnerships under subsection (a)
14
shall terminate on January 1, 2035.
15
(2) CONTINUATION OF PARTNERSHIPS.—A pub-
16
lic-private partnership entered into under subsection
17
(a) before January 1, 2035, may continue on and
18
after that date.
19
(e) BRIEFINGS REQUIRED.—The Assistant Secretary
20
shall brief the Committees on Armed Services of the Sen-
21
ate and the House of Representatives—
22
(1) not later than one year after the date of the
23
enactment of this Act, on—
24
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(A) the establishment of the pilot program
1
under subsection (a);
2
(B) the parameters and metrics for success
3
for the pilot program; and
4
(C) the entities with which the Department
5
of Defense intends to enter into public-private
6
partnerships under subsection (a); and
7
(2) not later than two years after the date of
8
the enactment of this Act, and annually thereafter
9
until the termination of the last public-private part-
10
nership entered into under subsection (a), on—
11
(A) activities carried out under public-pri-
12
vate partnerships entered into under that sub-
13
section; and
14
(B) any costs associated with such activi-
15
ties.
16
(f) STRATEGIC
AND
CRITICAL
MATERIALS
DE-
17
FINED.—The term ‘‘strategic and critical materials’’ has
18
the meaning given that term in section 12 of the Strategic
19
and Critical Materials Stock Piling Act (50 U.S.C. 98h–
20
3).
21
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SEC. 1413. INCLUSION OF RECOVERY AND RECYCLING OF
1
STRATEGIC AND CRITICAL MATERIALS IN NA-
2
TIONAL
EMERGENCY
PLANNING
ASSUMP-
3
TIONS FOR NATIONAL DEFENSE STOCKPILE.
4
Section 14(b) of the Strategic and Critical Materials
5
Stock Piling Act (50 U.S.C. 98h–5(b)) is amended—
6
(1) in paragraph (6), by inserting ‘‘, for both
7
essential civilian and defense purposes,’’ after ‘‘pro-
8
duction’’;
9
(2) by redesignating paragraph (7) as para-
10
graph (8); and
11
(3) by inserting after paragraph (6) the fol-
12
lowing new paragraph (7):
13
‘‘(7)(A) The extent to which expanded proc-
14
essing, recovery (including from old mines, industrial
15
slags, fracking wastewater, and all types of e-waste),
16
or recycling capacity in the commercial critical mate-
17
rials markets can assist with meeting defense needs.
18
‘‘(B) The quantity of e-waste available domesti-
19
cally and the ability to utilize that e-waste to meet
20
defense needs for strategic and critical materials.’’.
21
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Subtitle C—Other Matters
1
The text is cut here.