National Defense Authorization Act for Fiscal Year 2024
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
This title authorizes appropriations for the acquisition or modification of various military items (such as aircraft, ships, tracked combat vehicles, missiles, and ammunition) and sets policy for certain procurement programs of the Department of Defense (DOD).
Subtitle A--Authorization of Appropriations
(Sec. 101) This section authorizes appropriations for FY2024 for procurement for the Army, the Navy, the Marine Corps, the Air Force, the Space Force, and DOD-wide activities.
Subtitle B--Army Programs
(Sec. 111) This section limits the Army from obligating more than 75% of FY2024 funds authorized for the Trackless Moving Target program-Infantry variant until the Department of the Army conducts an assessment of the program and reports to Congress.
(Sec. 112) This section requires the Department of the Army to submit a strategy for its tactical wheeled vehicle program with DOD’s budget justification materials for FY2025, FY2030, and FY2035.
(Sec. 113) The Department of the Army must conduct a review of the proposed re-competition of contracts for operational task orders of geographic combatant commanders under the LOGCAP V contract.
Subtitle C--Navy Programs
(Sec. 121) This section eliminates a requirement for the Navy to maintain a 10th carrier air wing under certain conditions.
(Sec. 122) This section extends the restriction on the Department of the Navy expending funds to procure legacy waterborne security barriers for Navy ports.
(Sec. 123) This section authorizes the Department of the Navy to enter into multiyear procurement contracts for 13 Virginia class attack submarines. The Department of the Navy may enter into certain advanced procurement contracts for equipment and subsystems associated with the Virginia class submarines.
(Sec. 124) This section authorizes the Department of the Navy to procure up to six Auxiliary Personnel Lighter class vessels and associated material.
(Sec. 125) DOD shall upgrade not fewer than 24 V-22 aircraft under the V-22 nacelle improvement program.
(Sec. 126) This section allows solicitation for government-operated dry docks in the Department of the Navy’s award of a contract for private sector non-nuclear surface ship maintenance in San Diego, California, only if there is insufficient capacity at privately operated dry docks.
(Sec. 127) This section requires the Department of the Navy to periodically report to Congress on the use of government docks for ship repair and maintenance.
Subtitle D--Air Force Programs
(Sec. 131) The Department of the Air Force may not retire more than 68 F-15E aircraft or reduce their associated personnel and weapons system activities through FY2029.
(Sec. 132) This section prohibits through FY2028 the Department of the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles or reducing the fleet below 10 aircraft.
(Sec. 133) This section provides for a temporary exception to statutory minimum numbers of Air Force fighter aircraft during FY2024.
(Sec. 134) This section extends through FY2024 (1) a requirement for the Department of the Air Force to maintain a minimum of 271 C-130 aircraft, and (2) a prohibition on reducing the total number of C-130 aircraft assigned to the National Guard.
(Sec. 135) This section extends through 2033 a requirement for the Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics to report to Congress annually on the acquisition of the T-7A Advanced Pilot Training System and requires the report to include a schedule risk assessment.
(Sec. 136) This section extends a prohibition on reducing the number of B-1 bomber aircraft through FY2026. The Department of the Air Force may retire a certain B-1 bomber as an exception due to damage sustained by that individual aircraft.
(Sec. 137) The minimum required number of A-10 aircraft that the Department of the Air Force must maintain in its inventory is reduced from 153 to 135.
(Sec. 138) The Department of the Air Force must procure up to six over-the-horizon radar systems that meet the requirements of U.S. Northern Command.
(Sec. 139) This section prohibits the use of FY2024 funds to retire any KC-135 aircraft.
(Sec. 140) This section prohibits the use of FY2024 funds to reduce the number of KC-135 aircraft in the reserve components.
(Sec. 141) The Department of the Air Force may not issue an acquisition strategy for the KC-135 recapitalization program until it submits to Congress an updated tanker roadmap timeline to include procurement of the Next Generation Air Refueling System and a business case analysis for the program.
(Sec. 142) This section prohibits the use of FY2024 funds to retire E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until the Department of the Air Force (1) submits a plan to Congress for maintaining mission readiness with a reduced fleet, or (2) procures sufficient numbers of E-7 Wedgetail aircraft to accomplish the required mission load.
(Sec. 143) This section prohibits the use of FY2024 funds to terminate production lines for HH-60W Combat Rescue Helicopters.
(Sec. 144) The Department of the Air Force may not retire any F-16C/D aircraft until 180 days after submitting a report to Congress on long-term fighter force structure.
(Sec. 145) This section limits the Department of the Air Force from procuring more than six KC-47A aircraft under its current contract unless certain conditions are met.
(Sec. 146) The Department of the Air Force may not incorporate version 2.0 of the KC-47A aircraft remote vision system until it identifies a solution to all major deficiencies with the system.
(Sec. 147) This section limits the Department of the Air Force from retiring T-1A training aircraft until the department certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum.
(Sec. 148) The Department of the Air Force shall develop a long-term tactical fighter force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
(Sec. 151) DOD must report to Congress each fiscal year regarding any major weapon systems proposed to be divested, re-prioritized, or retired.
(Sec. 152) This section authorizes DOD to enter into multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.
(Sec. 153) DOD may not include in a solicitation for a tactical tracked vehicle or a tactical wheeled vehicle a requirement to use proprietary armor.
(Sec. 154) Beginning FY2027, DOD may not procure batteries produced by specified Chinese-owned entities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
This title authorizes appropriations for research, development, test, and evaluation (RDT&E) and sets policy for certain RDT&E activities, such as microelectronics and artificial intelligence.
Subtitle A--Authorization of Appropriations
(Sec. 201) This section authorizes FY2024 appropriations for DOD RDT&E.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) DOD must submit an annual report to Congress on unfunded priorities for the Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)).
(Sec. 212) This section authorizes the delegation of authority for waiving the informed consent requirement for research involving a human being as an experimental subject to advance development of medical products necessary to the Armed Forces to the OUSD(R&E).
(Sec. 213) This section expands certain DOD incentives to attract experts in science and engineering by allowing the Defense Advanced Research Projects Agency (DARPA) to hire more managers and administrative personnel without regard to Title 5 restrictions and to offer appointees under the program travel, transportation, and relocation benefits upon separation.
(Sec. 214) This section expands the definition of a partnership intermediary for purposes of supporting cooperative or joint activities of DOD Centers for Science, Technology, and Engineering activities with industry or academic institutions to include entities that (1) facilitate technology transfer from industry or academic institutions to centers; or (2) assist and facilitate workforce development in critical technology areas to fulfill unmet needs of a center.
(Sec. 215) This section establishes a Naval Air Warfare Rapid Capabilities Office in the Department of the Navy to contribute to the rapid experimentation, development, testing, and fielding of new naval aviation weapons and airborne electronic warfare capabilities.
(Sec. 216) This section expands the activities which DOD shall support for the development of a network of bioindustrial manufacturing facilities to include research on pharmaceutical biologics and associated precursor materials.
(Sec. 217) This section removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force Concepts, Development and Management Office as resource sponsor.
(Sec. 218) DOD must update its hypersonics testing strategy not less than every two years through 2030 and shall conduct a study to evaluate at least two potential hypersonic test ranges in the United States.
(Sec. 219) DOD may (1) carry out a program of fellowships in quantum information science and technology research and development, and (2) partner with universities as part of DOD’s quantum information science and technology research and development program.
(Sec. 220) DOD must seek to establish public-private talent exchange programs with private sector entities working on quantum information sciences and technology research applications.
(Sec. 221) The OUSD(R&E) may contract with eligible entities to assist institutions of higher education in protecting sensitive research performed on behalf of DOD.
(Sec. 222) This section authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative.
(Sec. 223) DOD shall establish a consortium to facilitate the use of additive manufacturing in developing capabilities for DOD.
(Sec. 224) The Departments of the Air Force and the Navy must submit to Congress and the Government Accountability Office (GAO) certain program accountability matrices related to the Next Generation Air Dominance family of systems.
(Sec. 225) This section designates all Block 4 and Technical Refresh-3 elements of the F-35 aircraft acquisition program to be a single major subprogram. Additionally, two F-35A aircraft, two F-35B aircraft, and two F-35C aircraft are to be manufactured to support future F-35 developmental testing activities.
(Sec. 226) The Departments of the Air Force and the Navy must establish requirements for the propulsion, power and cooling, thermal management, and electrical power systems of F-35 aircraft to support the F-35’s planned service life and upgrades.
(Sec. 227) DOD shall assess the feasibility and advisability of establishing a new University Affiliated Research Center (UARC) or expanding an existing UARC for critical materials and submit a recommendation and implementation plan to Congress.
(Sec. 228) DOD must develop and implement policies to adapt Link 16 system management and certification to align with agile development practices. Link 16 is a communication protocol used for military tactical data by the U.S. and NATO.
(Sec. 229) DOD or a military department may use rapid acquisition and funding authorities for up to one year to (1) leverage an emergent technological advancement of value to address a military service need, or (2) provide a rapid response to an emerging threat identified by a military service.
(Sec. 230) The Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics shall carry out a pilot program to (1) identify prototypes under development that have the potential to be developed into commercial products, and (2) provide support to qualified entities on projects to commercialize such prototypes.
(Sec. 231) DOD may carry out a pilot program to test and evaluate how quantum and quantum-hybrid applications may be used to solve near-term challenges and provide capabilities. DOD must periodically report to Congress on the program.
(Sec. 232) The Department of the Army shall carry out a pilot program to facilitate a contract between the Ground Vehicle Systems Center of the Army and a nonprofit research institute in order to improve the center’s ability to access advanced technology developed by a small business.
(Sec. 233) The Office of the Secretary of the Army may not spend more than 70% of funds authorized for travel of persons until it submits to Congress an analysis of alternatives for the Future Attack Reconnaissance Aircraft program.
Subtitle C--Energetics and Other Munitions Matters
(Sec. 241) DOD shall establish a Joint Energetics Transition Office. (Energetic materials are chemicals used as propellants and explosives in munitions.) The office shall develop and periodically update an energetic materials strategic plan and investment strategy for both legacy and new energetic materials.
(Sec. 242) This section requires DOD to ensure that lethality is considered in any analysis of alternatives conducted prior to issuing a capability development document for procuring new munitions or modifying existing munitions.
(Sec. 243) This section requires DOD to carry out a pilot program incorporating the CL20 compound as the energetic material for the main fill in the warheads or propellants of three weapon systems under development. The purpose of the pilot program is to determine cost, schedule, and lethality performance parameters for such systems.
(Sec. 244) DOD may not procure chemical materials for munitions from China, Russia, Iran, or North Korea.
(Sec. 245) The Office of the Under Secretary for Defense for Acquisition and Sustainment, in coordination with the military departments, may establish a reserve of long-lead items and components to accelerate the delivery of munitions and may enter into certain advance procurement contracts.
Subtitle D--Plans, Reports, and Other Matters
(Sec. 251) This section requires DOD to brief Congress after making modifications to department directives relating to autonomy in weapons systems.
(Sec. 252) The DOD Office of Inspector General must conduct a study and report to Congress on the amount of federal funds awarded by DOD that (1) directly or indirectly went to certain Chinese entities, or (2) was used for research or experiments that could have resulted in the enhancement of any pathogen of pandemic potential.
(Sec. 253) DOD shall, at least annually, report to Congress on the status of an implementation plan (required in current law) for DOD to promote and maintain digital expertise and software development as core competencies of its workforce.
TITLE III--OPERATION AND MAINTENANCE
This title authorizes appropriations for operation and maintenance (O&M) and sets policy for certain O&M programs, such as environmental restoration programs and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Subtitle A--Authorization of Appropriations
(Sec. 301) This section authorizes appropriations for FY2024 for DOD O&M.
Subtitle B--Energy and Environment
(Sec. 311) This section modifies the Sentinel Landscapes Partnership, a program in which government agencies work with private entities and landowners to advance sustainable land management practices around military installations and ranges, including to allow additional federal agencies to participate as full partners.
(Sec. 312) This section expands the scope of DOD’s environmental restoration program to include all National Guard facilities, regardless of ownership or whether the facility is under the jurisdiction of DOD or a military department.
(Sec. 313) This section modifies DOD authority for installation commanders to obtain technical assistance for environmental restoration activities, including to allow such assistance to be sought at the request of communities or individuals. It also authorizes installation commanders to obtain certain services, such as interpreting site-related documents and health information, as part of such technical assistance.
(Sec. 314) This section authorizes DOD or the military departments to coordinate with other federal departments, the Army National Guard, or the Air National Guard when entering into agreements or undertaking projects to address the use or development of real property in the vicinity of, or ecologically related to, a military installation.
(Sec. 315) This section grants the Under Secretary of Defense for Acquisition and Sustainment authority, not to be delegated, to waive fuel efficiency as a key performance parameter for certain systems.
(Sec. 316) This section adds hydrogen creation, storage, and power generation technologies using natural gas or renewable energy to eligible prototype and demonstration projects for energy resilience at certain military installations.
(Sec. 317) The Department of the Navy shall transfer certain funds to the Hazardous Substance Superfund and to California for a penalty assessed by the Environmental Protection Agency regarding Naval Air Station Moffett Field, California.
(Sec. 318) This section prohibits DOD from requiring nontraditional defense contractors to disclose greenhouse gas emissions unless necessary to verify a voluntary disclosure. DOD may not require other defense contractors to disclose greenhouse gas emissions for one year.
(Sec. 319) DOD and the military services may not deploy nontactical electric, hydrogen-powered, or advanced biofuel-powered vehicles to a military installation until sufficient support infrastructure is in place.
(Sec. 320) This section prohibits DOD from providing funds made available for any operational energy program to any entity owned or with ties to Russia or the Chinese Communist Party.
(Sec. 321) DOD must submit periodic reports to Congress through 2029 on the schedule and cost estimates of testing and remediation efforts for perfluoroalkyl and polyfluoroalkyl substances (PFAS) at military installations.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
(Sec. 331) This section establishes 2029 as the end of the requirement in current law for DOD to submit periodic reports to Congress on the activities of the PFAS task force.
(Sec. 332) DOD must submit a budget justification document, concurrent with the annual budget submission, consolidating all information related to PFAS activities.
(Sec. 333) This section authorizes a transfer of funds from DOD to the Department of Health and Human Services to pay for a study on the health implications of PFAS in the drinking water.
(Sec. 334) This section authorizes DOD to award cash prizes and other types of prizes to recognize outstanding achievements in developing technology to thermally destroy PFAS materials.
(Sec. 335) This section authorizes DOD to treat materials contaminated with PFAS through any remediation or disposal technology approved by the Environmental Protection Agency (EPA) until the EPA publishes a final rule on destruction and disposal of such materials.
(Sec. 336) This section requires the Government Accountability Office (GAO) to report on DOD's efforts to test and remediate PFAS contamination on current or former military installations.
Subtitle D--Logistics and Sustainment
(Sec. 341) The military departments may use O&M funds for the Innovative Readiness Training program to assist in demolition, clearing of roads, infrastructure improvements, and military construction to restore an area after a natural disaster.
(Sec. 342) This section repeals a requirement for GAO to review DOD’s biennial report to Congress on core logistics capabilities.
(Sec. 343) This section expands the membership and modifies the meeting requirements of DOD’s contested logistics working group.
(Sec. 344) The Department of the Navy must add a risk analysis to its required briefing to Congress before the start of any project under its Shipyard Infrastructure Optimization Program. The department must also provide a briefing to Congress on the status of the overall program.
(Sec. 345) This section excludes proceeds from any foreign military sale in calculating workload carryover (work ordered from maintenance depots that cannot be completed by the end of the fiscal year) for Army depots and arsenals.
(Sec. 346) This section requires DOD to establish a pilot program to use advanced digital technologies and artificial intelligence to optimize aerial refueling logistics and fuel management in the context of contested logistics environments.
(Sec. 347) This section prohibits expansion of leased facilities for the Joint Military Information Support Operations Web Operations Center until DOD submits a validated manpower study for such center to Congress.
(Sec. 348) The Department of the Navy must submit with its FY2025 budget request materials a 30-year shipbuilding plan that meets the statutory requirement to maintain 31 amphibious warships. No more than 50% of Navy O&M may be spent in FY2024 until the department submits the shipbuilding plan.
(Sec. 349) The Department of the Army must develop and implement a plan to improve required inspection procedures for prepositioned Army stockpiles and provide briefings to Congress on the plan and stockpiles.
(Sec. 350) The Department of the Navy must (1) develop and implement a strategy to leverage commercial best practices used in shipyards to improve efficiency, and (2) demonstrate a digital platform that uses artificial intelligence to analyze data on the maintenance and condition of shipboard assets at shipyards.
(Sec. 351) DOD must conduct an assessment of the air and missile defense capabilities at certain military installations in the Middle East with respect to defense against potential attacks from Iran and the Islamic Revolutionary Guard Corps and develop a strategy to expedite the hardening of those installations. DOD must report the results to Congress.
(Sec. 352) The Department of the Navy must provide semiannual briefings to Congress through FY2026 on the operational status of the amphibious warship fleet.
Subtitle E--Other Matters
(Sec. 361) This section requires DOD’s Military Aviation and Installation Assurance Siting Clearinghouse to ensure that, when the clearinghouse determines that a project will have an adverse impact on military operations and readiness, the state where the project is located has at least 30 days after notification to provide comments and gather information.
(Sec. 362) This section modifies the authority of DOD’s Military Aviation and Installation Assurance Siting Clearinghouse to include (1) reviewing applications for antenna structure projects, and (2) reviewing applications for energy projects and antenna structure projects within two miles of an active intercontinental ballistic missile (ICBM) launch facility or control center.
(Sec. 363) This section modifies the responsibilities of DOD’s Joint Safety Council to ensure that each military department has in place (1) an implementation plan for safety management systems for vehicles, and (2) a resolution plan that identifies specific corrective and preventative actions to address the causes of mishaps.
(Sec. 364) DOD must designate an official to coordinate DOD-wide efforts and represent DOD in the renegotiation of land leases in Hawaii expiring between 2029 and 2031.
(Sec. 365) This section extends the designation of the Department of the Navy as executive agent for the Naval Small Craft Instruction and Technical Training School through FY2024.
(Sec. 366) This section provides statutory authority for the Army’s Caisson Platoon, assigned to the 3rd Infantry Regiment, which supports military and state funerals. The Department of the Army may not disband this unit.
(Sec. 367) DOD must establish policies and procedures to identify end-of-life equipment that contains strategic and critical materials and recover those materials from such equipment for reuse.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
(Sec. 401) This section authorizes the maximum number of active duty personnel as of September 30, 2024, for each of the armed forces as follows:
(Sec. 402) This section increases from 2% to 3% the amount DOD may vary the maximum number of certain active duty and full-time National Guard duty personnel who are paid from reserve personnel appropriations and authorizes the military departments to vary strengths of such personnel by 2% for their respective forces. This section also increases from 1% to 2% the amount the military departments may vary the maximum number of Selected Reserve personnel in their respective reserve components.
Subtitle B--Reserve Forces
(Sec. 411) This section authorizes the maximum number of Selected Reserve personnel as of September 30, 2024, for each of the reserve components:
(Sec. 412) This section authorizes the maximum number of reserves to serve on full-time active duty or full-time National Guard duty as of September 30, 2024, for the purposes of organizing, administering, instructing, or training the reserve components:
(Sec. 413) This section specifies the minimum number of dual status military technicians as of September 30, 2024:
(Sec. 414) This section authorizes the maximum number of reserves who may be serving at any time on full-time operational support duty:
Subtitle C--Authorization of Appropriations
(Sec. 421) This section authorizes FY2024 appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Policy
(Sec. 501) This section eliminates a statute, specifying the maximum number of general and flag officers on active duty, that has been superseded. This section also increases the maximum number of general and flag officers on active duty by five.
The section also repeals a provision that excluded general or flag officers serving as lead special trial counsel from counting towards the end strength maximum.
(Sec. 502) This section requires the incumbent Attending Physician of the U.S. Capitol (a Navy medical officer) to be continued on active duty until six years after this bill’s enactment.
(Sec. 503) This section authorizes military departments to add certain active duty officers (including warrant officers) who have been selected for promotion but then transfer to a reserve component to the appropriate reserve component promotion list.
(Sec. 504) This section allows DOD to vary the duration of appointments for seven senior military officers (the Chairman and Vice Chairman of the Joint Chiefs of Staff and each of the Service Chiefs) by up to six months in the interests of national defense or to ensure appropriate staggering of terms.
(Sec. 505) This section increases the number of Navy officers who may be temporarily promoted to lieutenant commander for positions with a critical shortage of skilled personnel.
(Sec. 506) This section authorizes the military departments to increase the number of medical and dental officers recommended for promotion to major or lieutenant commander if needed to maintain or improve medical readiness.
(Sec. 507) This section specifies that officers subject to a special selection review board (i.e., a board to review officers recommended for promotion to a grade at or below major general or rear admiral and for whom there is credible adverse information not furnished to the promotion board) shall not have their names forwarded for appointment or nomination.
(Sec. 508) This section changes the procedural action that begins the separation process for certain officers who have failed to be selected for promotion for the second time.
(Sec. 509) This section allows DOD to reduce the initial service obligation (normally six to eight years) for cyberspace officers. This section also requires an eight-year service obligation for those who are direct accessions to the Marine Corps cyber operations officer specialty.
(Sec. 509A) This section specifies that Marine Corps Marine Gunner warrant officers in paygrade W-5 must be retired within 60 days of completing 33 years of active service.
(Sec. 509B) This section establishes a legislative liaison for the Space Force.
(Sec. 509C) This section extends to December 31, 2024, the authority of the Department of the Air Force to recommend for promotion to major general in the Space Force up to 95% of the number of brigadier generals eligible for consideration by the promotion board.
(Sec. 509D) This section requires DOD to submit a briefing to Congress regarding the number of Space Force general officers on active duty, including an evaluation of whether the current number of such officers is sufficient to meet Space Force, joint duty, and combatant command requirements.
Subtitle B--Reserve Component Management
(Sec. 511) This section eliminates the requirement that the Air National Guard and Air Force Reserve members of the Air Force Reserve Forces Policy Committee, as well as the Chairman of the Committee, not be serving on active duty.
(Sec. 512) This section specifies that the Vice Chief of the National Guard Bureau shall hold the grade of general. (This position currently carries the grade of lieutenant general, as set by executive branch determination.)
(Sec. 513) This section allows the military departments to submit certain information to Congress, related to reserve activations in support of preplanned missions supporting the combatant commands, via a separate notice when the President’s budget is delivered later than April 1st in the year prior to activation. (Current law requires that this information to be submitted with the President’s budget.)
(Sec. 514) This section provides the military departments with an alternative promotion authority for military officers on the reserve active-status list, similar to the existing alternative promotion authority for military officers on the active-status list. Aspects of this alternative promotion authority include (1) no time-in-grade requirements for promotion consideration, and (2) up to five considerations within a promotion zone before an officer is subject to involuntary separation or selective continuation.
(Sec. 515) This section provides statutory authority for DOD to use National Guard personnel to detect and monitor wildfires by analyzing remote sensing information (e.g., satellite imagery) and to support emergency response to such wildfires. This program is called the FireGuard program.
(Sec. 516) This section requires DOD to ensure that at least one Marine Corps Reserve general officer is a joint qualified officer.
Subtitle C--General Service Authorities and Prohibitions
(Sec. 521) This section makes permanent the authority of the military departments to order military retirees to active duty if they agree to serve in certain high-demand or critical positions.
(Sec. 522) This section bars DOD from requiring or prohibiting members of the armed forces or DOD civilian employees from indicating their gender or personal pronouns on official correspondence.
(Sec. 523) This section generally prohibits those who have retired or separated from the armed forces from accepting employment or providing representation, advice, or services related to national security to certain governments (specifically, China, Russia, Iran, North Korea, Cuba, Syria, and any other country that DOD determines acts as a proxy or passthrough for services for them) or entities or individuals controlled or subsidized by those governments. DOD may temporarily waive this prohibition for an individual to advance U.S. national security interests.
(Sec. 524) This section specifies that the military departments and DHS (with respect to the Coast Guard) must (1) provide financial services counseling for members of the armed forces only through individuals who agree to submit annual financial disclosures, and (2) review such financial disclosures and prevent any individual with a conflict of interest from providing financial services counseling.
(Sec. 525) This section specifies that employment and compensation by foreign governments for uniformed services retirees and certain other individuals may only be approved after a determination that such activity is not contrary to U.S. national interests. This section also specifies that a military department may only delegate the authority to make this determination to an Assistant Secretary or someone performing the duties of an Assistant Secretary.
(Sec. 526) This section requires the military departments and DHS (with respect to the Coast Guard) to consider requests for reinstatement made by individuals who (1) during a specified period of time, submitted a request for religious, administrative, or medical exemption from receiving a COVID-19 vaccine; (2) were involuntarily separated from the armed forces solely on the basis of failure to receive such vaccine; and (3) apply for reinstatement within two years of separation.
(Sec. 527) This section requires the discharge review boards of the military departments and DHS (with respect to the Coast Guard) to grant requests to review the characterization of the discharge or dismissal of a former member of the armed forces if the discharge or dismissal was solely based on the failure of such former member to obey a lawful order to receive a COVID-19 vaccine.
(Sec. 528) This section requires DOD to communicate to individuals discharged or dismissed from one of the armed forces on the sole basis of failure to obey a lawful order to receive a COVID-19 vaccine the current process by which such individuals may be reinstated in such armed force.
(Sec. 529) This section requires DOD to prescribe regulations authorizing the military departments to permit certain military personnel eligible for disability retirement to continue serving in the armed forces.
(Sec. 529A) This section expands the circumstances under which DOD may provide physical security and personal protection to certain individuals, allowing it when there is a serious and credible threat (rather than an imminent and credible threat). This section also removes a two-year post-separation limit for providing security to former or retired officials facing such threats and authorizes DOD to reimburse these individuals for personally procured security services and equipment.
(Sec. 529B) This section prohibits DOD from establishing new positions or filling vacant positions with responsibility for matters related to diversity, equity, and inclusion (DEI) until GAO completes a specified report on DOD’s DEI workforce.
(Sec. 529C) This section requires that military accessions and promotions within DOD must be based on individual merit and demonstrated performance.
Subtitle D--Military Justice and Other Legal Matters
(Sec. 531) This section makes various changes to the Uniform Code of Military Justice including (1) revising statutes covering domestic violence and stalking to encompass actions against dating partners, and (2) changing terms in certain statutes to be gender neutral.
(Sec. 532) This section staggers the terms of the 13 members of the Military Justice Review Panel (which conducts independent reviews and assessments of the operation of the Uniform Code of Military Justice) starting in 2030 so that approximately a quarter of its members are replaced every two years.
(Sec. 533) This section authorizes the U.S. Supreme Court to review by writ of certiorari certain cases in which the Court of Appeals for the Armed Forces (1) refused to grant a petition for review, or (2) refused to grant relief.
(Sec. 534) This section expands a required DOD initiative related to enhancing the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. This section requires DOD to (1) seek to enter into partnerships with functional experts to identify, investigate, and prosecute individuals engaged in online child sexual exploitation; (2) establish mandatory training for DOD criminal investigative organizations and other appropriate personnel at military installations; and (3) annually submit to Congress a report on the progress of the initiative.
(Sec. 535) This section bars funds authorized to be appropriated under this act or otherwise made available to the Army for FY2024 to be obligated or expended to relocate an Army Criminal Investigation Division (CID) special agent training course until the Department of the Army submits a report to Congress on any such relocation plan and provides a briefing on the report’s content.
(Sec. 536) This section requires DOD to conduct a study with regards to general and special courts-martial to determine the feasibility and advisability of requiring unanimous votes for findings of guilty, not guilty, or not guilty only by reason of lack of mental responsibility.
(Sec. 537) This section requires DOD to conduct a study to determine (1) the feasibility and advisability of requiring that a Sexual Assault Victim Advocate assigned to a victim be from outside the chain of command of a victim, and (2) the potential effects of such a requirement on the implementation of military sexual assault prevention and response programs.
Subtitle E--Accession Standards and Recruitment
(Sec. 541) This section requires local educational agencies (LEAs) receiving certain federal assistance to provide military recruiters access to career fairs and other similar events. This section also amends an existing statute requiring such LEAs to provide access to certain secondary student information (names, addresses, phone numbers, and email addresses) to specify that such information must be provided within 60 days of a request by military recruiters.
(Sec. 542) This section reduces from 20% to 4% the maximum proportion of individuals with Armed Forces Qualification Test scores in the 10th through 30th percentile that may be newly enlisted or inducted to serve on active duty in each of the armed forces. DOD may authorize a proportion up to 20% but must notify Congress of such action.
(Sec. 543) This section amends an existing statute that bars certain federal funds (including contract or grant funds from the Departments of Defense, Labor, Homeland Security, Transportation, or Education) to institutions of higher education that prohibit or prevent access by military recruiters to certain student information (names, addresses, phone numbers, and email addresses) to specify that such information must be provided within 60 days of a request by military recruiters.
(Sec. 544) This section increases from $20,000 to $40,000 the maximum accession bonus for nurse officer candidates.
(Sec. 545) This section requires DOD to assess the medical standards and screening process for new members of the armed forces under its jurisdiction every four years and to revise such standards and processes on the basis of that assessment, if needed.
(Sec. 546) This section requires a military department to establish a future servicemember preparatory course for an armed force under its jurisdiction if the number of active duty non-prior service enlistees in a given fiscal year that score in the 10th through 30th percentiles on the Armed Forces Qualification Test is more than 10% of that armed forces’ total original enlistments. (A future servicemember preparatory course is a course designed to improve the physical and aptitude qualifications of military recruits.)
(Sec. 547) This section requires DOD to carry out a pilot program to provide an electrocardiogram to individuals undergoing military accession screening.
(Sec. 548) This section requires each military department to establish an Enlisted Training Corps demonstration program through FY2030 at a community or junior college to prepare selected students for enlisted military service. The military departments may provide financial assistance to individuals enrolled in the program who agree to enlist in the active component upon graduation or disenrollment from the college.
(Sec. 549) This section requires DOD to provide an annual briefing to Congress through 2028 on military recruitment practices carried out in public secondary schools and community colleges during the preceding calendar year, to include identifying the number of recruits obtained from such schools and colleges.
Subtitle F--Junior Reserve Officers’ Training Corps
(Sec. 551) This section requires DOD to establish and support between 3,400 and 4,000 Junior Reserve Officer Training Corps (JROTC) units except in specified circumstances. (There were 3,499 JROTC units in FY2023.) This section also eliminates the requirement that there be a fair and equitable distribution of JROTC units throughout the nation.
(Sec. 552) This section requires that the host institution of a JROTC unit must enter into a memorandum of understanding with the appropriate military department concerning various subjects, including requiring the host institution to notify the military department of allegations of instructor misconduct (for example, sexual misconduct).
(Sec. 553) This section aligns all JROTC instructor compensation with the JROTC Standardized Instructor Pay Scale.
(Sec. 554) This section prohibits JROTC units from being established or maintained at an institution that is owned, operated, or controlled by China or by certain Chinese individuals or entities (such as a member of the Chinese Communist Party or a designated Chinese military company).
(Sec. 555) This section authorizes DOD to suspend or place on probation JROTC units that fail to comply with statutory requirements.
(Sec. 556) This section requires DOD to annually submit a report to Congress on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year.
Subtitle G--Member Education
(Sec. 561) This section increases from 10 to 15 the number of individuals each Senator, Representative, or Delegate may nominate to each of the military service academies (i.e., U.S. Military Academy, Naval Academy, and Air Force Academy) for each vacancy available to that Senator, Representative, or Delegate. This section also increases from 150 to 200 the number of cadets each military department may select for its academy from qualified alternates nominated by Senators, Representatives, and Delegates.
(Sec. 562) This section increases from four to five the number of cadets or midshipmen from Guam for each of the military service academies.
(Sec. 563) This section requires the U.S. Military Academy, Naval Academy, and Air Force Academy to require the submission and consideration of standardized test scores as part of the application process.
(Sec. 564) This section requires DOD to submit a legislative proposal to Congress by March 1, 2024, to update the framework for military service academy graduates to pursue employment as professional athletes prior to serving at least five years on active duty while also retaining the existing requirement that such graduates must serve at least two years on active duty prior to pursuing employment as a professional athlete.
(Sec. 565) This section requires that certain institutions of professional military education (such as the National Defense University and the Naval War College) each provide a briefing to Congress on (1) certain aspects of advanced research programs at the institution, and (2) the feasibility and advisability of establishing a permanent advanced research program at the institution.
Subtitle H--Member Training and Transition
(Sec. 571) This section expands the factors to be considered in developing individualized pre-separation counseling for members of the armed forces prior to discharge or release from active duty, specifying that potential disability and potential character of discharge (e.g., discharge under conditions other than honorable) be considered in addition to the existing factors of confirmed disability and confirmed character of discharge.
(Sec. 572) This section makes mandatory the carrying out of employment skills training (known collectively as Skillbridge) by the military departments to help prepare separating members of the armed forces for employment in the civilian sector. In carrying out the programs, this section also requires the military departments and DHS (with regards to the Coast Guard) to take certain actions, such as assigning at least two full-time equivalent positions to the programs and developing a funding plan for each fiscal year.
(Sec. 573) This section expands the Troops-to-Teachers program to include Job Corps centers as eligible schools for participant employment. (The Troops-to-Teachers program helps service members and veterans become teachers in K-12 schools.)
(Sec. 574) This section extends selection of new participants in the Troop-to-Teachers program through July 1, 2027. This section also expands eligibility for the Troops-to-Teachers program to include qualified members of the armed forces who are seeking to become JROTC administrators or instructors.
(Sec. 575) This section revises an existing statute to require (rather than permit) DOD to establish and maintain language training centers at institutions of higher education to improve expertise in certain languages and regions for members of the armed forces. This section also authorizes DOD to enter into contracts with certain private organizations to establish and maintain such centers.
(Sec. 576) This section prohibits funds authorized to be appropriated under this act from being used to endorse critical race theory in DOD academic institutions, in military training, or in professional military education. The section defines critical race theory as the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.
(Sec. 577) This section requires the Department of the Army to implement increased minimum fitness standards as part of the Army Combat Fitness Test for all soldiers in specified occupations (such as infantryman and combat engineer).
(Sec. 578) This section requires DOD to publish online all materials created by the Defense Equal Opportunity Management Institute for the purposes of training members of the armed forces.
(Sec. 579) This section prohibits funds authorized to be appropriated under this act from being used for the DOD Countering Extremism Working Group.
Subtitle I--Family Programs, Child Care, and Dependent Education
(Sec. 581) This section authorizes the Office of Military Family Readiness Policy to allow certain mental health professionals recognized by DOD to provide non-medical counseling services (i.e., mental health services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning) under the Military and Family Life Counseling Program.
(Sec. 582) This section revises a statement of congressional policy to specify that the amount of appropriated funds for the operating expenses of military child care development centers and programs during a fiscal year shall be at least 115% of the amount of child care receipts for that fiscal year.
(Sec. 583) This section narrows eligibility for DOD assistance for LEAs with increases in military dependent students by eliminating assistance for LEAs projected to have an increase in such students (assistance is maintained for LEAs that experience such an increase). This section also eliminates a provision specifying how LEAs may spend such assistance.
(Sec. 584) This section authorizes the use of specified amounts of defense-wide operation and maintenance funds to provide assistance to LEAs in which at least 20% of students in the previous school year were dependent children of military members or which serve dependent children of military members with severe disabilities.
(Sec. 585) This section requires DOD to conduct outreach campaigns every six months to inform individuals eligible for child care services of various topics related to waiting lists for such services.
(Sec. 586) This section requires DOD to provide a biannual briefing to Congress on implementation of a pilot program for hiring special needs inclusion coordinators for DOD child development centers.
(Sec. 587) This section requires DOD to submit quarterly briefings to Congress on implementing universal pre-kindergarten programs in schools operated by the DOD Education Activity (DODEA).
(Sec. 588) This section requires DOD to submit a report to Congress on programs and policies to support mental health and wellness among students in school operated by DODEA.
(Sec. 589) This section provides certain rights to parents of children attending schools operated by DODEA, including the right to (1) review the curriculum, (2) meet with teachers of their children at least twice a year, and (3) review all instructional materials used by their students. This section also requires DODEA schools to publicly post certain information and notify parents of certain plans and events, such as any plans to eliminate gifted and talented programs.
Subtitle J--Decorations and Awards and Other Personnel Matters, Reports, and Briefings
(Sec. 591) This section requires that DOD’s Armed Forces Workplace and Gender Relations Surveys solicit information on indicators that a victim of gender-based assault (including unwanted sexual contact) was targeted or discriminated against due to a status in a group.
(Sec. 592) This section extends to September 30, 2024, the due date for a required report on the Department of the Navy’s efforts to prevent and respond to suicide, suicide attempts, and suicidal ideation among Navy personnel.
(Sec. 593) This section extends to December 31, 2028, the deadline for the military departments to review the service records of certain World War I veterans to determine if any should be awarded the Medal of Honor.
(Sec. 594) This section directs the Department of the Navy to cease all activities of its digital ambassador program and prohibits the program from being restarted until 60 days after the department provides Congress with a report containing certain information.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay, Retired Pay, and Leave
(Sec. 601) This section provides paid parental leave for certain members of the reserve component not serving on active duty. The leave must generally occur within one year of the birth or adoption of a child of the member, or the placement of a minor child with the member for adoption or long-term foster care. Eligible members shall receive leave for up to 12 periods of inactive duty training, and receive pay and retirement credit for those periods.
(Sec. 602) This section requires the military departments to pay certain members of the reserve component receiving aviation incentive pay and not serving on active duty for such periods of inactive duty training as are needed each month to obtain or maintain an aeronautical rating or designation.
(Sec. 603) This section authorizes the Secretary of Defense to pay a member of the armed forces who is absent without leave or over leave. Such pay must be reported to Congress.
Subtitle B--Bonus and Incentive Pays
(Sec. 611) This section reduces from eight to seven the years of service required for eligible members of the uniformed services to receive continuation pay.
(Sec. 612) This section expands a requirement that the military departments provide incentive pay to members of the reserve component in the same monthly amount as that paid to members of the regular component performing comparable work to include special pay as well. This section also specifies that requirement applies when the military department is providing special or incentive pay to members of the reserve components for the purpose of (1) maintaining a skill certification or proficiency identical to that required of members of the regular component, or (2) exposure to hazards or risks identical to those of regular component members.
(Sec. 613) This section extends by one year (through December 31, 2024) a variety of compensation authorities for the uniformed services, including bonuses for enlisted and officer personnel, hazardous duty pay, special duty pay, and skill incentive pay.
(Sec. 614) This section authorizes a monthly bonus to a member of the uniformed services below the grade of E-6 upon determination by the appropriate department that prevailing economic conditions may adversely affect such member.
(Sec. 615) This section specifies that for the purposes of special duty pay, the military departments shall designate a duty station as a cold weather location if the temperature is expected to drop below -20 degrees Fahrenheit according to the 2012 Plant Hardiness Zone Map published by the Department of Agriculture.
(Sec. 616) This section requires the Department of the Air Force to submit a report to Congress on the feasibility and advisability of paying assignment incentive pay to Air Force personnel assigned to remotely piloted aircraft, including at Creech Air Force Base.
Subtitle C--Allowances
(Sec. 621) This section allows DOD, in cases of demonstrated need, to exclude a servicemember's Basic Allowance for Housing from the calculation of gross household income used to determine eligibility for the Basic Needs Allowance. (The Basic Needs Allowance is provided to servicemembers with dependents and typically having a gross household income less than or equal to 150% of federal poverty guidelines. Currently, amounts received as a Basic Allowance for Housing are typically included when calculating a servicemember's gross household income.)
(Sec. 622) This section eliminates a requirement that specifies the types of civilian housing (i.e., two-bedroom apartment and two-bedroom townhouse) that must be used to calculate Basic Allowance for Housing for junior enlisted personnel.
(Sec. 623) This section authorizes the military departments to pay a Basic Allowance for Housing to certain enlisted personnel of the uniformed services assigned to a naval vessel during a shipyard availability or maintenance period.
(Sec. 624) This section authorizes certain members of the reserve components who are ordered to active duty for training to receive two housing allowances, one for their duty location and one for the location of their primary residence, even when the member is authorized transportation of household goods to their duty location. This authority applies to reservists who (1) have no dependents, (2) are ordered to active duty for training purposes for a period of 140 to 364 days, and (3) either own or are responsible for rental payments on their primary residence.
(Sec. 625) This section lowers the minimum threshold for high cost area used to determine locations eligible for the Continental United States Cost-of-Living Allowance (CONUS COLA) from 8% above the average cost of living in the continental United States to 5%.
(Sec. 626) This section authorizes an increase in the Family Separation Allowance from the current amount of $250 per month to an amount between $250 and $400 per month. The President must review this allowance every four years, during the quadrennial review of military compensation, and recommend whether to increase the allowance.
(Sec. 627) This section limits the amount by which DOD may reduce the cost-of-living allowance for members of the armed forces assigned to duty outside the United States (known as an OCONUS COLA), with the exception of reductions based on changes in foreign currency exchange rates or a member’s permanent change of station.
(Sec. 628) This section extends through September 30, 2025, authority for the Department of the Air Force to provide an allowance to officers who transfer into the Space Force to assist with the purchase of required uniforms and equipment.
Subtitle D--Family and Survivor Benefits
(Sec. 631) This section expands authority for a transitional compensation program for dependents or former dependents of a member of the armed forces who has been separated by the military for dependent abuse. Under this provision, transitional compensation may also be paid to dependents of former dependents of a member who has been (1) convicted of a dependent-abuse offense in U.S. district court or a state court, and (2) separated from the armed forces for an offense other than dependent abuse.
(Sec. 632) This section expands the transitional compensation program to include lodging expenses for up to 30 days for eligible dependents or former dependents.
(Sec. 633) This section provides that a surviving spouse of a deceased member of the armed forces who has remarried is entitled to use commissary stores and certain retail facilities (e.g., exchange stores) to the same extent as a surviving spouse who has not remarried.
(Sec. 634) This section expands an existing authority to assist military spouses in achieving education, training, licenses, and credentials that expand their employment and portable career opportunities by requiring DOD to include obtaining certification by certain organizations as a doula or lactation consultant.
(Sec. 635) This section expands an existing authority to reimburse members of the uniformed services for certain costs of the member’s spouse due to relocation by specifying that (1) both relicensing costs and qualified business costs are eligible for reimbursement, and (2) a wider range of relocation actions (such as transfers from the regular component to the reserve component or placement on the temporary disability retirement list) qualify for this type of reimbursement.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
(Sec. 701) This section authorizes DOD to waive cost-sharing requirements for the first three outpatient mental health visit per year by certain beneficiaries of the TRICARE Prime and TRICARE Select health care programs.
(Sec. 702) This section extends TRICARE Reserve Select coverage for surviving family members from six months to three years after the death of an enrolled reserve component member.
(Sec. 703) This section expands eligibility for hearing aids under the TRICARE Prime program to include children of certain military retirees.
(Sec. 704) This section permits dependents enrolled in the TRICARE dental program and located in an area with inadequate or insufficiently available civilian dental care to receive space-available dental care at a uniformed services dental treatment facility on a reimbursable basis.
(Sec. 705) This section specifies that an existing provision of law concerning self-referral for mental health evaluations by members of the armed forces applies to (1) members on active duty for a period of more than 30 days, and (2) members of the Selected Reserve in a duty status.
(Sec. 706) This section requires DOD to (1) ensure naloxone is available for members of the armed forces, and (2) establish a tracking system for naloxone distribution and the illegal use of fentanyl and other controlled substances.
(Sec. 707) This section requires DOD to seek to expand the TRICARE Competitive Plans Demonstration Project (which allows local, regional, and national health plans to participate in the competition for managed care support functions under the TRICARE program) to not fewer than five locations.
Subtitle B--Health Care Administration
(Sec. 711) This section extends until September 30, 2024, a deadline for DOD to transfer certain medical research and public health functions to the Defense Health Agency. This section also provides an exception to the transfer requirement, allowing a function to remain within a military department if the function addresses a unique need of the military department, is in direct support of operating forces, and is necessary to execute national security related strategies.
(Sec. 712) This section increases from $30,000 to $50,000 the maximum annual stipend for participants in the military departments’ health professions scholarship and financial assistance program.
(Sec. 713) This section requires DOD, when denying a medical malpractice claim by a member of the uniformed services, to provide the claimant with a detailed explanation of the reasons for denial.
(Sec. 714) This section prohibits DOD from moving beyond the first phase of a plan concerning networks for the management of military medical treatment facilities until GAO completes a study of the plan.
(Sec. 715) This section requires DOD to enter into an agreement with DHS to allow Coast Guard access to certain TRICARE data to optimize health care services.
(Sec. 716) This section requires DOD to establish a military pharmaceutical and medical device vulnerability working group whose duties shall include identifying vulnerabilities (such as supply chain issues and cyber threats) that may disrupt DOD operations.
Subtitle C--Studies, Briefings, Reports, and Other Matters
(Sec. 721) This program expands an existing authority for DOD to establish a joint military trauma care and research program with Ukraine, specifying that such a program shall include providing training and support to Ukraine for the treatment of certain injuries (including amputations, post-traumatic stress disorder, and traumatic brain injuries).
(Sec. 722) This section requires DOD to conduct a study in military treatment facilities on the efficacy of opioid alternatives (including cryotherapy, hyperbaric oxygen therapy, and sensory deprivation) for pain management.
(Sec. 723) This section requires DOD to establish a process for funding eligible entities to conduct research on the treatment of armed forces personnel with post-traumatic stress or traumatic brain injury using designated psychedelic substances (including MDMA and psilocybin).
(Sec. 724) This section requires DOD to annually submit a report to Congress on overdoses among members of the armed forces under DOD jurisdiction.
(Sec. 725) This section requires DOD to conduct a study to assess and evaluate any health conditions arising in members of the armed forces on active duty one year after receiving the first dose of a COVID-19 vaccine.
(Sec. 726) This section requires GAO to conduct a study on the adequacy of health care services available to certain individuals supporting the mission of U.S. Forces Japan or Joint Region Marianas.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
This title sets policy regarding acquisitions and acquisition management, including contracting authorities and small businesses.
Subtitle A--Acquisition Policy and Management
(Sec. 801) This section requires contracting offices in DOD to provide, upon request of the contractor offering a product or service, a memorandum with a justification for why the product or service was determined to be commercial or noncommercial.
(Sec. 802) This section requires DOD to make portions of a report (required in current law) available to the offerors identified in the report as having denied multiple requests for uncertified cost or pricing data. DOD must also develop a framework for revising what constitutes a denial of uncertified cost or pricing data.
(Sec. 803) This section requires DOD to include a provision in each contract prohibiting the sale, licensing, or transfer of individually identifiable DOD employee data to any individual or entity other than the federal government.
(Sec. 804) DOD may not enter into procurement contracts with Russia, fossil fuel companies that operate in Russia, or any entity that conducts certain fossil fuel business with an entity 50% or more owned by Russia or a fossil fuel company that operates in Russia. The prohibition does not apply to contracts for humanitarian assistance, for disaster relief, or vital to the U.S. military or national security interests.
(Sec. 805) DOD may not enter into procurement contracts with Chinese military companies or contract to obtain goods or services produced or developed by such companies.
(Sec. 806) Each military department’s service acquisition executive must designate a Principal Technology Transition Advisor to advise on the transition of technologies (e.g., from DOD science and technology programs) to fulfill identified and potential warfighter requirements for the military department.
(Sec. 807) The Strategic Capabilities Office in DOD must include a senior contracting officer with the authority to enter into and administer contracts, grants, cooperative agreements, and other transactions.
(Sec. 808) DOD shall establish a pilot program for the use of innovative intellectual property strategies to acquire the necessary technical data rights for certain acquisition programs designated by the military departments and the Office of the Under Secretary of Defense for Acquisition and Sustainment.
(Sec. 809) DOD shall establish a pilot program to explore the use of consumption-based solutions to address any defense need, called anything-as-a-service, that is feasible to provide users on-demand access, quickly add newly released capabilities, and bill based on actual usage at fixed price units.
(Sec. 810) DOD must revise its program guidance for major defense acquisition programs and acquisition programs and projects using rapid fielding or rapid prototyping to integrate planning for exportability features.
(Sec. 811) DOD must develop and implement a streamlined requirements development process, to include revising the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to deliver needed capabilities to warfighters.
(Sec. 812) This section requires DOD to amend its acquisition regulations to require providers of management, scientific, and technical consulting services to certify that either (1) the provider and its subsidiaries do not have contracts with covered foreign entities, or (2) the provider has a conflict-of-interest mitigation plan. The covered foreign entities include China, Russia, and any country that has repeatedly provided support for international terrorism, among other entities.
(Sec. 813) DOD must exercise its authority to acquire innovative commercial products or commercial services using general solicitation competitive procedures to address the mission needs of a geographic combatant command at least four times per fiscal year through FY2027.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 820) This section expands DOD authorities to enter into multiyear contracts to include when the use of a multiyear contract provides necessary defense industrial base stability not otherwise achievable through annual contracts.
(Sec. 821) This section modifies DOD authorities for certain follow-on production transactions for prototype projects. Specifically, transactions for follow-on production do not need to meet certain conditions related to participation of small business and nontraditional defense contractors if (1) the prototype project transaction met those conditions, and (2) the other conditions for follow-on transactions will be met.
(Sec. 822) This section expands DOD authorities for a pilot program to carry out prototype projects directly relevant to enhancing the ability of DOD to prototype the design, development, or demonstration of new construction techniques or technologies to improve military installations or facilities. Specifically, the section (1) excludes projects for repairing facilities from the limit on the number of projects that may begin each fiscal year, (2) increases the limit for aggregate amount spent on projects, and (3) permits the program to carry out prototype projects using military construction, RDT&E, or O&M funds.
(Sec. 823) This section modifies DOD authorities allowing certain contracting agencies to cancel, refuse, or terminate contracts with foreign entities engaged in or supporting activities against U.S. forces. The entities that may have such contracts refused or terminated is expanded to any firm attempting to provide contract work for DOD that engages in or supports (1) acts of violence against the United States, (2) intelligence activities against the United States, or (3) transnational crime. The section removes the limitation on this authority to only contracts in excess of a specified value.
(Sec. 824) This section extends DOD authority to modify certain contracts based on the impacts of inflation through December 31, 2024.
(Sec. 825) DOD may not enter into a contract with an entity that provides data to transportation logistics information platforms provided or sponsored by certain Chinese entities, specifically including the platform LOGINK. Also, U.S. ports, port authorities, and maritime terminal operators may not use such logistics information platforms. Additionally, the Department of State shall urge governments of ally and partner countries to require entities in their jurisdictions to terminate the use of such platforms.
(Sec. 826) DOD may modify the terms and conditions of a contract or option to provide an economic price adjustment consistent with federal acquisition regulations.
(Sec. 827) DOD must revise certain policies related to Earned Value Management (EVM), a program management tool used to assess cost, schedule, and technical progress on programs. Specifically, the policies must (1) exempt all software contracts and subcontracts from EVM requirements, (2) impose EVM requirements for cost contracts or incentive contracts with a value from $20 million to less than $50 million, and (3) require defense contractors to use an EVM system for contracts with a value from $50 million to less than $100 million.
Subtitle C--Domestic Sourcing Requirements
(Sec. 831) This section requires DOD to prescribe procedures for the urgent acquisition and deployment of military capabilities to replenish stocks of U.S. defense articles provided through presidential drawdown authority to a partner or allied country responding to an armed attack.
(Sec. 832) DOD may not use appropriated funds to obtain flags of the United States that are not produced in the United States. Purchases of flags for amounts less than $10,000 are excepted.
(Sec. 833) This section requires specialty metals purchased by DOD or prime contractors for DOD under an exception for agreements with foreign governments to be melted or produced (1) in the United States, (2) in the country from which the mill product or component is procured, or (3) in furtherance of certain agreements to remove barriers to such purchases. DOD must require contractors providing items with aerospace-grade metals to report if such metals were processed in China, Iran, North Korea, or Russia.
(Sec. 834) This section further restricts DOD from obtaining either material or end items containing certain magnets, tungsten metal powder, tungsten heavy alloy, or tantalum metals or alloys from North Korea, China, Russia, or Iran. DOD may not obtain such material or items unless DOD (1) identifies the end item for which the material cannot be procured as and when needed at a reasonable price, and (2) waives the general prohibition for such specific material for no more than 36 months.
(Sec. 835) This section requires articles, materials, and supplies procured for major defense programs to be manufactured with certain portions of such items produced in the United States. The required cost percentage of the domestically produced portion increases from 60% to 75% over a five-year period.
Subtitle D--Provisions Relating to Programs for Accelerating Acquisition
(Sec. 841) This section modifies and extends a DOD pilot program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50 million. The Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD(A&S)) shall ensure that (1) the pilot program does not include any preferences for contract type or specific contract requirements, and (2) each military department has minimal reporting requirements to OUSD(A&S) with respect to the program.
(Sec. 842) DOD must establish a contested logistics demonstration and prototyping program to identify, develop, demonstrate, and field capabilities for product support in order to reduce or mitigate the risks associated with operations in a contested logistics environment.
(Sec. 843) Combatant commands may request DOD senior contracting officials for special authorities to rapidly respond to certain time-sensitive or unplanned emergency situations. These special authorities include procedures applicable to micro-purchases, simplified acquisition procedures, and treating the property or service being procured as a commercial product or service.
Subtitle E--Industrial Base Matters
(Sec. 851) This section modifies the scope of DOD’s national security strategy for the National Technology and Industrial Base, requiring the objectives of the strategy to include (1) ensuring reliable sources of services and supplies, and (2) reducing reliance on potential adversaries for such services and supplies to the maximum extent practicable.
(Sec. 852) This section specifies the types of allowed agreements under the DOD Mentor-Protégé Program, which provides assistance to disadvantaged small businesses contracting with DOD. Agreements in this program may be contracts, cooperative agreements, or partnership intermediary agreements.
(Sec. 853) This section modifies DOD’s Procurement Technical Assistance Cooperative Agreement Program, allowing non-private entities to provide technical assistance, authorizing DOD to waive or modify certain cost-share requirements for entities providing technical assistance, and authorizing such entities to provide education on certain federal contracting requirements. The program provides assistance to businesses on how to compete for and obtain DOD contracts.
(Sec. 854) This section delays the effective date on a prohibition for DOD to acquire certain magnets and tantalum from North Korea, China, Russia, or Iran by one year.
(Sec. 855) This section extends by one year DOD’s pilot program for providing storage and distribution services to contractors executing certain DOD contracts.
(Sec. 856) OUSD(A&S) must establish and carry out a pilot program to analyze, map, and monitor supply chains for up to five weapons systems. The program shall (1) identify impediments to production and opportunities for expansion, (2) identify potential risks to and vulnerabilities of weapons system providers, and (3) identify critical suppliers.
(Sec. 857) Parties to a proposed merger or acquisition requiring DOD review and submission of supplementary information to the Department of Justice or Federal Trade Commission shall concurrently provide such information to DOD during the statutory waiting period.
Subtitle F--Small Business Matters
(Sec. 860) This section modifies DOD’s Defense Research and Development Rapid Innovation Program. Among other modifications, the section limits the program to small businesses and makes the goal of the program commercialization of technology rather than fielding of technology.
(Sec. 861) This section extends through FY2028 a requirement for DOD to submit annual reports on the department’s Small Business Innovation Research (SBIR) program.
(Sec. 862) This section requires DOD prime contractors to cooperate with the contracting officer to correct or mitigate any unjustified failure to make full or timely payments to certain small business subcontractors.
(Sec. 863) This section increases the governmentwide goal for participation in procurement contracts by small businesses owned and controlled by service-disabled veterans to 5% of the total value of all prime contract and subcontract awards for each fiscal year.
(Sec. 864) Small businesses owned and controlled by service-disabled veterans must obtain certification from the Small Business Administration to be awarded federal contracts for such small businesses. The requirement is phased in over a one-year period for such businesses that previously self-certified as a small business owned and controlled by a service-disabled veteran.
(Sec. 865) DOD must amend its supplement to federal acquisition regulations to require the past performance evaluation and source selection processes to consider relevant past performance information of affiliate companies of a small business bidder.
Subtitle G--Other Matters
(Sec. 871) This section extends through FY2028 and modifies DOD’s Mission Management Pilot Program, which uses a coordinated and iterative approach to develop, evaluate, and transition cross-service missions conducted by combatant commands. Among other modifications, the section authorizes the Deputy Secretary of Defense to delegate mission oversight to one or mission managers and requires mission managers to assist the Deputy Secretary of Defense in identifying funding for their missions.
(Sec. 872) This section extends and modifies DOD’s pilot program to incentivize contracting with employee-owned businesses. Participating businesses may now pay more than 50% of the contract to subcontractors, provided that (1) the amounts to subcontractors exceeding 50% are subcontracted to other qualified businesses wholly owned through an Employee Stock Ownership Plan, or (2) for products, subcontract amounts exceeding 50% are for materials not available from another qualified business wholly owned through an Employee Stock Ownership Plan.
(Sec. 873) This section modifies DOD processes related to Foreign Military Sales (FMS) and security cooperation. Each geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account to hire advisors to advise the combatant command on such processes. DOD shall conduct an annual industry day to raise awareness among foreign officials and representatives of the defense industrial base in implementing FMS cases and potential foreign industry partnering opportunities. DOD and the military departments must designate an individual as a point of contact to coordinate information on FMS and to respond to domestic and foreign industry representatives. Additionally, DOD shall establish a senior-level industry advisory group to advise on the role of DOD in FMS and security cooperation.
(Sec. 874) The OUSD(A&S) shall establish and implement a pilot program to incentivize contractor performance by paying contractors eligible for progress payments a progress payment rate that is up to 10% higher than the customary rate.
(Sec. 875) DOD must conduct a study and report to Congress on the feasibility and advisability of (1) establishing a default determination that products and services acquired by DOD are commercial and do not need an individual commercial determination, and (2) mandating the use of commercial procedures unless a non-commercial determination is justified.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
This title sets policy regarding the Office of the Secretary of Defense (OSD) and DOD organization and management.
Subtitle A--Office of the Secretary of Defense and Related Matters
(Sec. 901) This section removes references in law to the Chief Management Officer of DOD, a position that was eliminated by Sec. 901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
(Sec. 902) This section changes the duties of the Office of Cost Assessment and Program Evaluation (CAPE), eliminating a requirement to assess the effect of DOD spending on the U.S. economy and adding a requirement to lead the standardization of analytical methodologies and establish a centralized knowledge repository of data for modeling and simulation.
This section also requires DOD to establish an analytical team, reporting directly to the Secretary of Defense, which shall critically assess methodologies, assumptions, and data used in certain analyses conducted by CAPE.
(Sec. 903) DOD must establish an Office of Strategic Capital within OSD, with duties that include (1) developing and integrating capital investment strategies proven in the commercial sector; (2) identifying and prioritizing promising critical technologies and assets in need of capital assistance, such as certain loans or equity investments; and (3) funding investments in such technologies and assets.
(Sec. 904) DOD must establish and assign to appropriate components of the OSD roles and responsibilities related to the development and delivery of combined joint all-domain command and control (commonly known as CJADC2) capabilities.
(Sec. 905) This section authorizes DOD to appoint two principal deputy assistant secretaries in the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. One position is concerned with the organization, training, and equipping of special operations forces, and the other position is concerned with irregular warfare, combatting terrorism, and special operations activities.
Subtitle B--Other Department of Defense Organization and Management Matters
(Sec. 911) This section requires DOD to conduct requirements determination, planning, programming, and budgeting in a way that considers the active and reserve components of the total force, the civilian workforce, and contract support in a holistic manner to (1) avoid duplication of efforts and waste of resources; and (2) to ensure that risk, cost, and mission validation considerations are consistent with the national defense strategy.
(Sec. 912) This section provides statutory authority for the College of International Security Affairs in the National Defense University.
(Sec. 913) This section provides statutory authority for the Defense Innovation Unit within DOD. The unit's duties include identifying and supporting the development of commercial technologies that could potentially be implemented within DOD.
(Sec. 914) This section repeals the authority for the Navy’s Naval Research Advisory Committee.
(Sec. 915) This section provides statutory authority for members of the Space Force to attend the Naval Postgraduate School.
(Sec. 916) This section adds four nonvoting members to the Air Force Reserve Forces Policy Committee, all of whom are noncommissioned officers. The nonvoting members are the Chief Master Sergeants of the Air Force, the Air Force Reserve, the Air National Guard, and the Space Force.
(Sec. 917) This section modifies the authority for DOD’s cross-functional team to address emerging threats relating to anomalous health incidents. The team’s duties under this section include (1) identifying anomalous health incidents, (2) determining the causes and sources of such incidents, (3) understanding incident mitigation and treatment, and (4) addressing challenges posed by anomalous health incidents.
(Sec. 918) DOD must carry out an initiative to reform and improve the policies, processes, and procedures applicable to technology release and foreign disclosure decisions in DOD.
(Sec. 919) This section requires DOD to seek to develop and implement a software-based capability to facilitate the mutual scheduling of engagements between DOD and the congressional defense committees.
(Sec. 920) DOD shall develop a set of metrics that reflect the department’s audit remediation goals and metrics to measure progress made by the military departments with respect to such goals. DOD may enter into contracts with a federally funded research and development center (FFRDC) or a university-affiliated research center to support the development of such metrics.
(Sec. 921) This section requires DOD to develop an updated set of business health metrics to inform decision-making by senior leaders in the department.
(Sec. 922) DOD shall seek to enter into a contract with an FFRDC or a university-affiliated research center to conduct an independent assessment of the defense business enterprise architecture.
(Sec. 923) The Department of the Air Force (comprising the Air Force and the Space Force) must develop a force design for the Air Force and Space Force projected through 2050.
(Sec. 924) DOD must conduct a study to assess the feasibility and advisability of transferring the space functions of the National Guard to the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
(Sec. 1001) This section authorizes DOD to transfer up to $6 billion of authorizations made available to DOD between accounts within this division, subject to certain exceptions and limitations, if such action is necessary in the national interest.
(Sec. 1002) This section requires DOD to submit an annual report to Congress on RDT&E, procurement, and military construction programs, projects, and activities for which the total obligation authority was changed in the current year budget proposal compared to the projection made the year prior.
(Sec. 1003) This section adds new subjects to required annual reports about the unfunded priorities of each of the armed forces under DOD jurisdiction, the combatant commands, and the National Guard. New subjects include the requirement to be addressed by the unfunded priority and the reason why funding for the priority was not included in the President’s budget.
(Sec. 1004) This section requires each component of DOD to be subject to an independent audit for FY2024 and each of the nine subsequent fiscal years. Any component failing to undergo such an audit shall have 1.5% of the unobligated amounts available to the component cancelled, excepting military personnel and defense health program accounts.
(Sec. 1005) This section requires DOD to receive an unqualified opinion on DOD’s financial statements no later than December 31, 2028.
Subtitle B--Counterdrug Activities
(Sec. 1010) This section adds planning services to the types of support DOD can provide for the counterdrug activities or counter transnational organized crime activities of other federal agencies and state, local, or tribal law enforcement agencies.
(Sec. 1011) This section increases the maximum cost of small-scale construction projects (from $750,000 to $1,000,000) that DOD may fund to support the activities of foreign law enforcement agencies to counter transnational organized crime and drug-related activities.
(Sec. 1012) This section modifies a DOD program that provides funding assistance for procuring equipment for National Guard drug interdiction and counterdrug activities. Specifically, the section increases the maximum amount of assistance available for each item procured without advance DOD approval from $5,000 to $15,000.
(Sec. 1013) This section requires DOD to develop a strategy to address threats to national security caused by fentanyl trafficking. This section also requires DOD to seek enhanced cooperation with Mexican defense officials to target, disrupt, and degrade transnational crime organizations in Mexico that traffic fentanyl.
Subtitle C--Naval Vessels and Shipyards
(Sec. 1015) This section requires that the views of the Chief of Naval Operations and the Commandant of the Marine Corps be included in a Navy certification that its budget submission and future years defense plan provide sufficient funding for the annual naval vessel construction plan and that those officers provide an assessment of such plan.
(Sec. 1016) This section adds new items (such as bearings, hydraulic valves, decks and superstructures) to the list of critical components that the Department of the Navy may procure for certain types of vessels using multiyear procurement contracts funded from the National Sea-Based Deterrence Fund.
(Sec. 1017) This section authorizes the Department of the Navy to make grants to specified entities for capital improvement projects or maritime training programs that improve U.S. Navy ship repair or alteration capability.
(Sec. 1018) This section repeals a provision of law related to the naming of battleships after states, cities, places, or persons.
(Sec. 1019) This section modifies how a Navy battle force ship assessment and requirement report is prepared by assigning to the Marine Corps responsibility for developing requirements related to naval vessels with the primary mission of transporting Marines.
(Sec. 1020) This section expands an existing statement of policy to affirm that it is the policy of the United States that the U.S. shipbuilding defense industrial base is fundamental to achieving the shipbuilding requirements of the Navy and constitutes a unique national security imperative that requires sustainment and support by the Navy and Congress.
(Sec. 1021) This section bars funds authorized to be appropriated under this bill for FY2024 to be obligated or expended to retire, prepare to retire, or place in storage the following naval vessels: USS Germantown (LSD 42), USS Gunston Hall (LSD 44), USS Tortuga (LSD 46) or USS Shiloh (CG 67).
(Sec. 1022) This section authorizes the Department of the Navy to use certain funds to enter into an incrementally funded contract for the advance procurement and construction of a San Antonio-class amphibious ship.
(Sec. 1023) This section authorizes the Department of the Navy to use certain funds to enter into an incrementally funded contract for the advance procurement and construction of a submarine tender (a ship for servicing and repairing submarines).
(Sec. 1024) This section requires the Department of the Navy to provide biannual briefings to Congress on submarine maintenance and readiness.
Subtitle D--Counterterrorism
(Sec. 1031) This section extends through December 31, 2024, an existing prohibition on the use of DOD funds for the transfer or release of individuals detained at Guantanamo Bay, Cuba.
(Sec. 1032) This section extends through December 31, 2024, an existing prohibition on the use of DOD funds to construct or modify any facility in the United States, including U.S. territories or possessions, to house individuals detained at Guantanamo Bay, Cuba, for the purposes of detention or imprisonment under the control of DOD.
(Sec. 1033) This section extends through December 31, 2024, an existing prohibition on the use of DOD funds to transfer or release individuals detained at Guantanamo Bay, Cuba, to the custody of Libya, Somalia, Syria, or Yemen.
(Sec. 1034) This section extends through December 31, 2024, an existing prohibition on the use of DOD funds to close, abandon, or relinquish control of Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
(Sec. 1041) This section limits the use of certain FY2024 funds for travel expenses until DOD submits to Congress a required risk assessment and risk mitigation plan associated with the National Military Strategy.
(Sec. 1042) This section increases from $1 million to $5 million the cap on assistance that may be provided to foreign nations to assist DOD in recovering and accounting for missing U.S. government personnel, allows DOD to waive this cap in certain circumstances, authorizes providing funds to foreign nations as a type of assistance, and bars assistance to nations that have repeatedly provided support to international terrorism.
(Sec. 1043) This section authorizes the use of operation and maintenance funds for travel expenses associated with meetings and demonstrations hosted by DOD for implementation of the Vienna Document 2011 on Confidence and Security Building Measures (an Organization for Security and Co-operation in Europe document designed to increase openness and transparency concerning certain military activities of participating states).
(Sec. 1044) This section harmonizes the definition of Confucius Institute in two laws that limit the provision of DOD funds to Confucius Institutes for language instruction and institutions of higher education that host Confucius Institutes. (The section defines Confucius Institute in both laws to mean any cultural institute funded by China or any program that receives funding or support from the Chinese International Education Foundation or the Center for Language Cooperation of China’s Ministry of Education.)
(Sec. 1045) This section prohibits DOD after October 1, 2026, from waiving a prohibition on providing funds to an institute of higher education that hosts a Confucius Institute.
(Sec. 1046) This section authorizes DOD to waive a requirement to vet certain foreign and other individuals attending training or education at DOD facilities in the United States, as well as certain family members accompanying such individuals, before authorizing unescorted physical access to DOD installations.
(Sec. 1047) This section authorizes chemical and biological defense program funding requests to be included in the budget accounts of the military departments (previously, this was prohibited by law).
(Sec. 1048) This section limits the use of FY2024 funds for U.S. Special Operations Command (USSOCOM) procurement of next generation tactical communications until USSOCOM and the Office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict submit to Congress a joint report on special operations forces tactical communications requirements and plans.
(Sec. 1049) This section requires DOD to prescribe regulations establishing procedures for complaints or requests made by private individuals or entities (excluding members of the armed forces, DOD civilians, and DOD contractors) regarding public display or public expression of religion on DOD property.
(Sec. 1050) This section limits the use of DOD funds for the destruction of anti-personnel land mines (except for safety purposes) until DOD submits to Congress a report on certain aspects of such mines, including DOD’s policy on their use.
(Sec. 1051) This section limits the use of certain FY2024 funds for travel expenses until DOD submits to Congress (1) a plan for establishing a joint force headquarters in the U.S. Indo-Pacific Command area of responsibility, and (2) a plan relating to strategic competition in the U.S. Southern Command and the U.S. Africa Command areas of responsibility.
(Sec. 1052) This section prohibits the display of flags in DOD work places, common access areas, or public areas, unless they are approved flags (which includes the U.S. flag and state flags) or are covered by exemptions for museum exhibits or specified residential spaces.
(Sec. 1053) This section adds new required topics to DOD’s operational energy strategy, such as identifying U.S., allied, and partner country efforts to develop complementary energy security and energy reliance measures.
(Sec. 1054) This section specifies that spouses of active duty military personnel are eligible for 180 days of deferment on certain student loans if the spouse loses employment due to a permanent change of station move.
Subtitle F--Studies and Reports
(Sec. 1061) This section modifies various aspects (such as frequency and content) of certain required reports and briefings by DOD. For example, it makes a required DOD report to Congress on national technology and industrial base a biennial report rather than an annual report and it eliminates a requirement for quarterly briefings to Congress on the industrial base supporting DOD.
(Sec. 1062) This section extends through December 31, 2025, a requirement for annual reports to Congress (1) from DOD on assistance provided to the Department of Homeland Security (DHS) for border security the during the preceding fiscal year, and (2) from DHS on its efforts to reduce the demand for such DOD assistance.
(Sec. 1063) This section (1) authorizes DOD to enter in agreements with universities or research organizations to provide additional capabilities for specialized missions related to expanding accounting for persons missing from designated past conflicts, and (2) requires DOD to annually brief Congress on the capabilities required to expand accounting of persons missing from such conflicts.
(Sec. 1064) This section requires the Department of the Air Force to report to Congress a plan to designate, equip, and train the number of combat air forces aviation units required to maintain proficient aircrew skills of such units in the following mission areas: close air support, forward air controller-airborne, combat search and rescue, and airborne battle management.
(Sec. 1065) This section requires (1) the Department of the Navy to seek to enter into an agreement with an FFRDC to conduct an independent study of the Navy’s mine warfare capabilities, and (2) DOD to submit an unaltered copy of such study to Congress.
(Sec. 1066) This section requires the Marine Corps to brief Congress and submit a report on the programmatic choices made to implement Force Design 2030 (a framework for redesigning the Marine Corps focused on strategically competing with China and Russia).
(Sec. 1067) This section requires GAO to report on the extent to which DOD has evaluated the feasibility and advisability of equipping all tactical vehicles of the armed forces with black box data recorders.
(Sec. 1068) This section requires DOD to (1) submit a report to Congress on a plan for coordinating with defense partners in North and South America and relevant federal agencies to counter human trafficking operations, and (2) brief Congress on DOD authorities, programs, and activities to counter human trafficking operations.
(Sec. 1069) This section requires DOD to update the strategic plan for DOD’s combating trafficking in persons program and to brief Congress on the updated plan.
(Sec. 1070) This section requires DOD to report to Congress on the use of tactical fighter aircraft for deployments, including homeland defense missions.
(Sec. 1071) This section requires DOD to submit a report to Congress on equipping platoon-sized ground combat formations with certain types of unmanned aerial systems.
(Sec. 1072) This section requires DOD to provide biannual briefings to Congress on efforts to bolster homeland defense.
(Sec. 1073) This section requires DOD to submit a report to Congress on the extent to which the U.S. naval station at Guantanamo Bay is being used effectively to defend U.S. national security interests.
(Sec. 1074) This section requires DOD to conduct a comprehensive assessment of the capabilities, limitations, and anticipated future training constraints on the use of military lands, marine areas, and airspace facilities for training of the armed forces under DOD jurisdiction, report the results of the assessment to Congress, and provide annual reports to Congress on certain proposals to enhance training range capabilities and mitigate shortfalls or encroachment.
(Sec. 1075) This section requires DOD to notify Congress before making any reductions of more than 1,000 special operations personnel, unless DOD certifies that such reduction needs to be implemented expeditiously for reasons of military urgency.
This section also requires DOD to submit a report to Congress assessing the optimal force structure for special operations forces.
(Sec. 1076) This section requires DOD to (1) seek to enter into an agreement with an FFRDC to conduct an independent review, assessment, and analysis of the Marine Corps’ modernization initiatives; and (2) submit the results of this study to Congress.
(Sec. 1077) This section requires DOD to (1) assess the infrastructure, capacity, resource, and personnel requirements for Guam during FY2024-FY2029 to meet U.S. strategic objectives; and (2) submit the results of the assessment to Congress.
(Sec. 1078) This section requires DOD to submit to Congress a feasibility study on converting Joint Task Force North (a DOD organization that supports federal law enforcement agencies in identifying and interdicting criminal activities near the approaches to the continental United States) into a joint interagency task force (an organization staffed and led by personnel from multiple agencies under a single commander or director).
Subtitle G--Other Matters
(Sec. 1080) This section expands, for the purposes of Title III of the Defense Production Act (DPA), the definition of domestic sources to include businesses in Australia and the United Kingdom, thereby expanding the number of entities eligible for DPA Title III activities. (The President can use such Title III authorities to provide financial incentives to develop, maintain, modernize, restore, and expand the production capacity of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.)
(Sec. 1081) This section requires DOD, to the extent feasible, to integrate access tokens provided to certain congressional staff with DOD Parking Management Office software to enable validation of parking requests.
(Sec. 1082) This section specifies that federal employees who are members of the Afghanistan War Commission may be compensated for periods of time the member is engaged in commission duties outside of ordinary working hours.
(Sec. 1083) This section provides permanent authority for the Senate National Security Working Group effective December 31, 2022. (Composed of 20 Senators and supported by staff, this working group serves as a forum for bipartisan discussion of current national security issues relating to the jurisdictions of multiple committees of the Senate.)
(Sec. 1084) This section requires DOD to ensure there is a tribal liaison at each military installation under the jurisdiction of a military department with an Indian tribe, Native Hawaiian organization, or tribal interest in the area surrounding the installation.
(Sec. 1085) This section requires the commanders of certain combatant commands (e.g., U.S. European Command) to each develop a plan that includes the potential establishment within the command of (1) a chief technology officer position, and (2) a commercial integration cell to integrate public and private entities with capabilities relevant to the command’s area of operation.
(Sec. 1086) This section requires DOD to issue updated guidance concerning the use of unmanned aircraft systems by the National Guard for certain activities such as search and rescue operations.
(Sec. 1087) This section requires DOD to publicly disclose all relevant unclassified DOD records relating to the war in Afghanistan in a manner that protects intelligence sources and methods.
(Sec. 1088) This section requires the Office of the Chairman of the Joint Chiefs of Staff to submit to Congress an implementation plan for the Joint Concept of Competing (which seeks to enable success in long-term struggle with adversaries without necessarily engaging in armed conflict) and to periodically brief Congress on updates to the plan’s status.
(Sec. 1089) This section requires DOD to notify Congress within seven days after ceasing operations for safety or security reasons at any DOD laboratory or facility rated at biosafety level-3 or higher. (Biosafety levels are used to identify the protective measures needed in a laboratory setting to protect workers, the environment, and the public. There are four biosafety levels, with biosafety-level 4 requiring the highest level of containment.)
(Sec. 1090) This section authorizes an Air Force Reserve reconnaissance squadron and the National Oceanic and Atmospheric Administration (NOAA) to use aircraft, personnel, and equipment to meet the mission requirements of the National Hurricane Operations Plan and the National Winter Seasons Operation Plan. This section also authorizes the Department of the Air Force to transfer funds to NOAA for certain activities related to Air Force missions.
(Sec. 1091) This section states it is the sense of Congress that DOD has the authority to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, U.S. allies, and U.S. interests when such operations have been appropriately authorized.
(Sec. 1092) This section requires DOD to annually report to Congress certain information related to the Red Hill Incident (i.e., the November 20, 2021, release of fuel from the Red Hill Bulk Fuel Storage Facility that contaminated the water system at Joint Base Pearl Harbor-Hickam, Hawaii), including health and exposure analyses for those who lived or worked in the area served by the water system. This section also requires DOD to submit to Congress the results of a feasibility assessment to determine the necessity of an epidemiological health outcomes study.
TITLE XI--CIVILIAN PERSONNEL
(Sec. 1101) This section prohibits the military departments from employing civilian personnel paid at a rate that exceeds the GS-10 rate in a position with certain diversity, equity, and inclusion duties as primary duties. If any personnel in such positions are currently paid at a rate above the GS-10 level they must be reassigned to another position.
(Sec. 1102) This section authorizes the Department of the Navy to provide a living quarters allowance and reimbursement of extraordinary expenses to certain Navy civilians in Guam if government-owned or -rented quarters are not provided without charge.
(Sec. 1103) This section consolidates a direct hiring authority (i.e., appointments to positions in the competitive service without applying certain competitive procedures) for certain DOD laboratories, combining the maximum number of direct appointments to scientific and engineering positions for those who have bachelor’s degrees and those who have advanced degrees.
(Sec. 1104) This section expands a DOD direct hiring authority to apply to DOD positions in support of aircraft operations, safety of the public, law enforcement, or first response for which there is a critical hiring need or shortage of candidates.
(Sec. 1105) This section extends by one year the authority of agency heads to waive premium pay and aggregate pay limitations for employees who work in overseas locations in direct support of military operations or operations in response to a national emergency.
(Sec. 1106) This section extends through December 19, 2024, eligibility for competitive status for appointment in the competitive service to certain persons employed by a lead Inspector General for an overseas contingency operation.
(Sec. 1107) This section extends through FY2028 DOD’s direct hire authority for qualified candidates at defense industrial base facilities or in the Major Range and Test Facilities Base.
(Sec. 1108) This section excludes certain positions from a provision that generally prohibits individuals from being employed at more than one federal position for a total of more than 40 hours a week. Specifically, this section excludes from this prohibition employment with a nonappropriated fund instrumentality under the jurisdiction of an armed force (for example, a military Morale, Welfare, and Recreation program).
(Sec. 1109) This section extends through FY2025 the authority for agency heads to provide employees assigned to a combat zone with allowances, benefits, and gratuities comparable to those provided to certain members of the Foreign Service (such as a certain travel expenses).
(Sec. 1110) This section increases accrual of shore leave for DOD officers, crewmembers, or other employees serving aboard an oceangoing vessel on an extended voyage from 2 days of leave per 30 days of service to 2 days of leave per 7 days of service.
(Sec. 1111) This section requires DOD and the Office of the Under Secretary of Defense for Personnel and Readiness to each assess the personnel requirements of the office. DOD must determine whether there is any conflict between the assessments and what personnel actions DOD will take to eliminate such conflict. DOD must provide a briefing and report to Congress on the assessments.
(Sec. 1112) This section expands a noncompetitive hiring authority for spouses of active duty, disabled, or deceased members of the armed forces to include remote work.
This section also requires GAO to conduct a study on the use of remote work by federal agencies.
(Sec. 1113) This section modifies various aspects of the John S. McCain Strategic Defense Fellows Program (a fellowship program for civilians designed to provide leadership development and commencement of a career track towards senior leadership in DOD), including the geographic distribution of selectees, placement opportunities, term, and compensation.
(Sec. 1114) This section provides that federal employees, congressional employees, and certain other individuals may establish eligibility for leave under the Family and Medical Leave Act with 12 months of honorable active service in a military service under DOD jurisdiction.
(Sec. 1115) This section specifies that the cap on the number of DOD Senior Executive Service positions shall exclude those positions which are fully funded through amounts appropriated to an agency other than DOD.
(Sec. 1116) This section extends through FY2030 DOD’s direct hire authority for qualified recent graduates and current post-secondary students in professional and administrative occupations.
(Sec. 1117) This section expands the Department of the Air Force's authority to hire civilians as instructors at the Air University to include hiring for the Space Delta 13, the U.S. Space Force organization for developing and educating its leaders. (The Department of the Air Force includes both the Air Force and the Space Force.)
(Sec. 1118) This section extends through FY2025 the authority of DOD to appoint individuals for service in the Senior Executive Service without such individuals being subject to certification of executive qualifications by the Office of Personnel Management and requires DOD to submit a report to Congress and GAO on the use of this authority.
(Sec. 1119) This section expands a noncompetitive hiring authority to include the spouses of certain DOD civilian employees who are transferred from one official station to another for permanent duty.
(Sec. 1120) This section repeals a requirement for GAO to review certain modifications of DOD’s civilian performance management and workforce incentive system and personnel appointment flexibilities.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
This title sets policy for various matters related to DOD interactions with foreign nations, including security cooperation initiatives. It includes subtitles related to (1) security assistance and training; (2) Syria, Iraq, and Iran; and (3) Europe and Russia.
Subtitle A--Assistance and Training
(Sec. 1201) This section authorizes the Secretary of Defense to provide support to foreign forces or irregular forces engaged in supporting or facilitating ongoing and authorized irregular warfare operations by U.S. special forces.
(Sec. 1202) This section expands the authorized activities that may be funded by the Combatant Commander Initiative Fund to include certain expenses related to DOD security cooperation programs and activities and specifies that funding these expenses for U.S. Africa Command and U.S. Southern Command should be a priority for the Chairman of the Joint Chiefs of Staff. (The Combatant Commanders Initiative Fund allows the Chairman of the Joint Chiefs of Staff to provide funding to combatant commanders in certain circumstances to solve emergent challenges and unforeseen contingency requirements.)
(Sec. 1203) This section increases the maximum cost for small-scale construction projects in DOD security cooperation programs. DOD may enter into international agreements allowing a foreign country to provide sole-source direction for assistance to projects intended to build the capacity of the foreign country’s national security forces to conduct a variety of operations.
(Sec. 1204) This section establishes additional requirements for the DOD Security Cooperation Workforce Development Program. Specifically, the section requires the program to provide comprehensive personnel tracking and accounting for all DOD employees engaged in the security cooperation enterprise. Through the program, DOD must also ensure that all DOD security cooperation personnel are trained to an established level of proficiency.
This section also establishes a Foreign Military Sales Center of Excellence and a Defense Security Cooperation University.
(Sec. 1205) This section extends through 2024 the authority for DOD to reimburse key cooperating nations for logistical support for Operation Iraqi Freedom or Operation Enduring Freedom.
(Sec. 1206) This section extends through 2029 the authority for DOD to enter into cross-servicing agreements to loan military coalition partners personnel protection and personnel survivability equipment.
(Sec. 1207) This section authorizes DOD to support, on a reimbursement basis, border security operations conducted by Tajikistan, Uzbekistan, and Turkmenistan on their borders with Afghanistan.
(Sec. 1208) This section extends through 2028 the authority for DOD to continue an initiative of legal institutional capacity building with the defense ministries of foreign countries.
(Sec. 1209) This section modifies DOD’s reporting requirements to Congress on ex gratia payments made for damage, personal injury, or death incident to U.S. use of military force. The report must include the status of all pending or denied ex gratia payments or requests.
(Sec. 1210) DOD is authorized to provide friendly foreign militaries with persistent advanced networked training and exercise activities (also known as mission training through distributed simulation).
(Sec. 1211) DOD must require the U.S. Central Command to conduct military exercises twice a year to enhance the interoperability and effectiveness of U.S. forces, Israeli forces, and forces of allies and partners. Israel must be invited to participate in the exercises and other allies and partners may be invited.
Subtitle B--Matters Relating to Other Authorities of the Department of Defense
(Sec. 1221) This section expands a DOD authorization to use certain funds for clandestine activities for operational preparation of the environment to allow the funds to be used to establish, develop, and maintain nonconventional assisted recovery capabilities to facilitate the recovery of U.S. military and civilian personnel, or other individuals, who become isolated or separated.
(Sec. 1222) This section authorizes DOD, as part of the Five Eyes Air Force Interoperability Council, to enter into agreements with the other participating countries (Australia, Canada, New Zealand, the United Kingdom).
(Sec. 1223) This section modifies the purpose of DOD’s initiative to support protection of national security academic researchers from undue influence and other security threats to include limiting academic institutions of China, Russia, and other countries who pose a serious risk for improper technology transfer or espionage from benefitting from DOD funding to U.S. academic institutions. The DOD Office of Inspector General must report to Congress on the implementation of this initiative.
(Sec. 1224) This section requires DOD’s initiative to support protection of national security academic researchers from undue influence and other security threats to (1) incorporate policies to limit or prohibit DOD funding for institutions or individual researchers who knowingly contact or make financial arrangements with academic institutions of China, Russia, and other countries who pose a serious risk for improper technology transfer or espionage; and (2) develop and report measures of effectiveness and performance to assess and track the department’s progress across the initiative.
(Sec. 1225) This section extends through 2025 the authority for DOD to continue to provide logistical support for stabilization activities in Iraq, Syria, Afghanistan, and Somalia.
(Sec. 1226) This section modifies the authority for DOD’s Defense Operational Resilience International Cooperation Pilot Program that supports engagement with partner countries on defense-related environmental and operational energy issues. The section allows the program to engage with national security forces (instead of solely military forces) and provide sustainment and non-lethal assistance, including, training, defense services, and supplies.
(Sec 1227) This section extends by one year a prohibition on DOD providing in-flight refueling for non-U.S. aircraft that engage in hostilities in the ongoing civil war in Yemen unless a declaration of war or specific statutory authorization has been enacted.
(Sec. 1228) This section prohibits DOD from obligating or expending more than 85% of FY2024 funding available for the International Security Cooperation Program until DOD submits a security cooperation strategy for each combatant command as required by the National Defense Authorization Act for Fiscal Year 2022.
(Sec. 1229) DOD must review (1) the legal protections afforded by bilateral agreements in certain countries where U.S. military personnel are permanently based, and (2) how the rights and privileges afforded under such agreements may differ from U.S. law. DOD shall brief Congress on its findings.
(Sec. 1230) Not later than 48 hours after any incident in which U.S. armed forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President must transmit to Congress a report on the incident, unless the President (1) otherwise reports within 48 hours pursuant to the War Powers Resolution, or (2) has determined prior to the incident that U.S. armed forces would be operating under specific statutory authorization.
(Sec. 1231) DOD must report to Congress after making funds or personnel available to the Global Engagement Center. The center’s purpose is to direct federal efforts to recognize and counter foreign propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and U.S. allies and partner nations.
Subtitle C--Matters Relating to Ukraine, Russia, and NATO
(Sec. 1241) This section extends through 2026 the authority for DOD to continue the Ukraine Security Assistance Initiative, which (among other authorizations) provides security assistance to Ukraine.
(Sec. 1242) This section expands the authority for DOD to enter into contracts for defense articles and services for Ukraine-related activities to include activities related to Taiwan or Israel. The section also extends the authority through FY2028. The authorization is further modified to include defense articles and services obtained for replenishing stocks of critical munitions and other defense articles. DOD may also use multiyear procurement for certain additional missiles and munitions contracted under this section.
(Sec. 1243) DOD must report to Congress on all military contributions to Ukraine made by allied and partner countries.
(Sec. 1244) This section extends a prohibition through FY2024 on DOD using any funds to implement any activity that recognizes the sovereignty of Russia over territory internationally recognized to be the sovereign territory of Ukraine, including Crimea and the territory Russia claims to have annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk Oblast, and Luhansk Oblast.
(Sec. 1245) DOD must contract with an FFRDC or an independent, nongovernmental institute to conduct a study on lessons learned from information operations conducted by the United States, Ukraine, Russia, and NATO members during the lead-up to Russia’s full-scale invasion of Ukraine in 2022 and throughout the conflict. DOD shall submit the report to Congress.
(Sec. 1246) DOD may not use FY2024 funds to provide Russia with notifications required by the New START Treaty. (New START is a treaty with Russia on limiting strategic nuclear weapons and capabilities.) The prohibition may be waived if Russia is providing similar information to the United States as required by the treaty.
(Sec. 1247) The National Security Council shall develop an interagency strategy with regard to the Black Sea region to (1) increase coordination with NATO and the European Union, (2) deepen economic ties, (3) strengthen energy security, (4) support efforts to bolster Black Sea states’ democratic resilience, and (5) enhance security assistance with regional partners. The President shall submit the strategy to Congress.
(Sec. 1248) This section revives authority for the Department of the Navy to accept assignment of NATO member naval personnel to facilitate the development, standardization, and interoperability of submarine vessel safety and rescue systems and procedures.
(Sec. 1249) This section extends through 2026 the authority for DOD to continue to provide assistance for training certain eastern European national security forces in multilateral exercises and adds Kosovo as an eligible country.
(Sec. 1250) DOD must consider if a NATO member country has achieved defense spending of not less than 2% of gross domestic product in decisions related to U.S. military basing, training, and exercises.
(Sec. 1250A) The President may not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty (NATO membership) except with the advice and consent of the Senate. Prior to notifying the Senate of an intention to withdraw from NATO, the President must consult with both chambers of Congress.
(Sec. 1250B) The Council of the Inspectors General on Integrity and Efficiency (CIGIE) must maintain the position of Lead Inspector General for Operation Atlantic Resolve, which is redesignated as Special Inspector General for Operation Atlantic Resolve. The Special Inspector General must report periodically to Congress on U.S. programs assisting Ukraine.
Subtitle D--Matters Relating to Israel
(Sec. 1251) DOD must report to Congress on the feasibility and advisability of including Israel in observer status in the Euro-NATO Joint Jet Pilot Training Program.
(Sec. 1252) This section extends through 2026 authorization for DOD to carry out research, development, test, and evaluation, on a joint basis with Israel, to establish anti-tunnel capabilities to detect, map, and neutralize underground tunnels that threaten the United States or Israel.
(Sec. 1253) This section increases the amount of funds authorized for research, development, test, and evaluation activities, on a joint basis with Israel, to counter unmanned aerial systems that threaten the United States or Israel.
(Sec. 1254) The Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)) must submit to Congress an assessment detailing the most promising directed energy missile defense technologies available for co-development with Israel, including a risk assessment and funding requirements.
(Sec. 1255) This section extends authorities for DOD to provide stockpiles of U.S. defense articles to Israel through 2026. The section (1) extends the authority for DOD to transfer to Israel armor, artillery, automatic weapons ammunition, missiles, and other munitions that are obsolete or surplus items, are in the inventory of the Department of Defense, and are intended for use as reserve stocks for Israel; (2) extends the authority for DOD to transfer precision-guided munitions (PGMs) from U.S. stocks; and (3) requires DOD to assess the current stockpiles of U.S. PGMs, the quantity and type of PGMs necessary for Israel to counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group, and report to Congress actions DOD is taking to pre-position such munitions in Israel.
(Sec. 1256) This section requires the Department of the Air Force to train Israeli Air Force personnel to operate the KC-46 aerial refueling aircraft and to establish a military personnel exchange program with Israel for training on the KC-46 aircraft. DOD must consult with Israel to determine the advisability and practicality of Israel hosting rotational deployments of U.S. KC-46 aircraft.
(Sec. 1257) DOD may transfer one or more U.S. aerial refueling tanker aircraft to Israel if it is in the interest of U.S. national security and does not affect U.S. combat readiness or commitments to other allies.
(Sec. 1258) DOD must report to Congress on whether any products sold at commissary or exchange stores were produced under contract by a company that participated in a boycott against Israel.
Subtitle E--Matters Relating to Syria, Iraq, Iran, and Afghanistan
(Sec. 1261) DOD shall develop a Middle East integrated maritime domain awareness and interdiction capability in the U.S. Central Command area of responsibility to protect countries in the region from (1) Iranian manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles; and (2) violent extremist organizations and pirates threatening lawful commerce. DOD shall develop and submit to Congress a strategy for cooperation to achieve such a capability.
(Sec. 1262) This section renews and modifies a requirement for an executive branch official to coordinate the U.S. government response to issues related to Islamic State of Iraq and Syria (ISIS) members in the custody of Syrian Democratic Forces. The section modifies aspects of this coordinator position, such as by expanding the scope to include issues concerning relevant displaced individuals who are not ISIS members. The section renews the requirement to have this coordinator position through January 31, 2025. Under current law, this requirement expired on January 31, 2021.
(Sec. 1263) This section extends through 2024 and modifies the authority for DOD to provide assistance to Iraq, including training, equipment, and logistics support. DOD may also adjust certain costs of projects subsequent to a presidential waiver of statutory dollar amount limitations.
(Sec. 1264) The section extends the authority for DOD to provide training and equipment to vetted Syrian groups and individuals through 2024. DOD may also adjust certain costs of projects subsequent to a presidential waiver of statutory dollar amount limitations.
(Sec. 1265) This section extends the authority for DOD to operate the Office of Security Cooperation-Iraq through FY2024 and reduces the amount of authorized funds.
(Sec. 1266) DOD shall develop and implement a plan to equip and train Iraqi security forces and Kurdish Peshmerga forces to defend against missiles, rockets, and unmanned systems and provide a briefing on the plan to Congress.
(Sec. 1267) DOD may not make funds available to the Badr Organization. The Badr Organization, originally organized in Iran, has political and military groups active in Iraq and Syria.
(Sec. 1268) This section modifies requirements for DOD’s annual report on the military power of Iran. Among other requirements, the report must include (1) considerations of Iran’s missile launch and storage sites; (2) an assessment of the Iranian threat of using ballistic missiles, unmanned aircraft systems, and loitering munitions; and (3) an assessment of foreign terrorist organizations supported by Iran.
(Sec. 1269) This section modifies a requirement for the Office of the Director of National Intelligence (ODNI) to report to Congress on the military capabilities of Iran and requires ODNI to provide an updated report. The report shall include instances of cruise missile launches and Iranian involvement in the regional narcotics trade.
(Sec. 1270) DOD may not make funds available, directly or indirectly, to Iran, persons or entities owned or controlled by Iran, sanctioned persons or entities, or certain organizations linked to Iran.
(Sec. 1271) DOD may not make funds available for any DOD aircraft to transport currency to the Taliban or the government of Afghanistan.
(Sec. 1272) DOD may not make FY2024 funds available to provide any form of U.S. assistance to the Taliban.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
This title sets policy for various matters related to DOD interactions with foreign nations, including security cooperation initiatives. It includes subtitles related to (1) the Indo-Pacific region; and (2) the security partnership between Australia, the United Kingdom, and the United States (AUKUS).
Subtitle A--Matters Relating to the Indo-Pacific Region
(Sec. 1301) This section expresses the sense that DOD should continue efforts to strengthen defense alliances and partnerships in the Indo-Pacific region to further the comparative advantage of the United States in strategic competition with China.
(Sec. 1302) This section extends DOD’s Pacific Deterrence Initiative through FY2024. The Pacific Deterrence Initiative carries out activities to enhance the U.S. deterrence and defense posture in the Indo-Pacific region, including by providing assistance to allied and partner countries in the region to build defense and security capabilities.
(Sec. 1303) This section modifies DOD’s pilot program to develop young civilian defense leaders in the Indo-Pacific region. Specifically, eligibility to participate in the program expands from young civilians in defense ministries to include young civilians in ministries with a defense-related national security mission.
(Sec. 1304) This section establishes the Indo-Pacific Campaigning Initiative, seeking to ensure the U.S. Indo-Pacific Command conducts logically linked military activities to achieve strategy-aligned objectives. The initiative's goals shall include (1) strengthening U.S. military alliances and partnerships in the region, (2) deterring military aggression by potential adversaries, and (3) shaping the perception of potential adversaries with respect to U.S. military capabilities.
(Sec. 1305) DOD shall seek to establish the Indo-Pacific Maritime Domain Awareness Initiative with allies and partners to bolster maritime domain awareness in the Indo-Pacific region.
(Sec. 1306) This section prohibits the Office of the Assistant Secretary of the Navy for Research, Development and Acquisition from spending more than 85% of its FY2024 funds until the office reports to Congress on the feasibility and advisability of accelerating the provision of Harpoon missiles to foreign partners.
(Sec. 1307) This section expresses the sense that the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities.
(Sec. 1308) This section modifies a requirement for the State Department and DOD to annually report to Congress on advancing the defense of Taiwan. The section requires the report to include a description of (1) actions taken to establish or expand a comprehensive training program with Taiwan, (2) actions taken to establish a joint consultative mechanism with Taiwanese officials and a multi-year plan for Taiwan’s military acquisition, and (3) a list of defense articles for Taiwan fast-tracked for sale under FMS.
(Sec. 1309) This section requires DOD to establish a comprehensive training, advising, and institutional capacity-building program for Taiwan's military forces.
(Sec. 1310) This section prohibits DOD from using any funds authorized by this act to provide direct support to any film, television, or entertainment project if DOD has evidence that the project has complied, or is likely to comply, with a demand from China or Chinese officials to censor the content of the project.
(Sec. 1311) DOD shall determine if available information indicates that China assisted in or approved transportation of fentanyl or related materials to one or more Mexican drug cartels. If the determination is affirmative, DOD must report its findings to Congress.
(Sec. 1312) DOD shall conduct an analysis to determine if any biotechnology entity should be identified as a Chinese military company or a military-civil fusion contributor and be included on the list maintained by DOD.
(Sec. 1313) This section requires DOD to submit to Congress a study on China’s defense budget and a comparison of the Chinese and U.S. defense budgets.
(Sec. 1314) This section extends through FY2024 the authority for DOD to transfer funds to the State Department for the U.S. Agency for International Development (USAID) to use for the cleanup of dioxin at Bien Hoa in Vietnam.
(Sec. 1315) This section extends through 2027 and expands a DOD program to improve cyber cooperation with foreign military partners in southeast Asia. The section adds the Philippines and Malaysia to the program.
(Sec. 1316) This section requires DOD to seek to ensure that India is appropriately considered for security cooperation benefits as a major defense partner of the United States.
(Sec. 1317) DOD shall submit to Congress a report on enhancing U.S. security cooperation with Japan.
(Sec. 1318) DOD shall submit to Congress a report on the transfer of operational control of U.S. and South Korean forces to South Korea in wartime.
(Sec. 1319) DOD shall seek to commission a study with an FFRDC to conduct an independent study of the organizational structure and force posture of U.S. armed forces in the U.S. Indo-Pacific Command.
Subtitle B--Matters Relating to the AUKUS Partnership
(Sec. 1321) This section defines terms used in this subtitle.
Part 1--Administrative Provisions
(Sec. 1331) This section requires the State Department to designate a senior advisor to oversee the AUKUS partnership.
(Sec. 1332) This section requires DOD to designate a senior civilian official to oversee DOD activities in AUKUS.
(Sec. 1333) This section requires reporting to Congress on AUKUS. Specifically, (1) the President shall submit to Congress the text of signed instruments related to the AUKUS partnership, and (2) the State Department shall submit a report on the strategy for and implementation of the AUKUS partnership.
Part 2--Streamlining and Protecting Transfers of United States Military Technology from Compromise
(Sec. 1341) This section requires the President to establish policies and procedures for Foreign Military Sales (FMS) that give Australia and the United Kingdom expedited consideration and processing relative to other letters of request except for those from Taiwan and Ukraine. The State Department shall create an anticipatory release policy for certain technology transfer to Australia, the United Kingdom, and Canada for FMS and Direct Commercial Sales (DCS).
(Sec. 1342) The President must periodically submit a report to Congress that includes a list of advanced military platforms, technologies, and equipment that are pre-cleared and authorized for sale and release to Australia, the United Kingdom, and Canada through FMS and DCS.
(Sec. 1343) This section requires the President to determine and report to Congress on whether Australia or the United Kingdom have (1) implemented a system of export controls on U.S.-origin defense articles and services that meet standards of current law on bilateral agreements for arms transfers, and (2) implemented exemptions to their export controls for the United States comparable to those granted to Australia and the United Kingdom.
(Sec. 1344) This section requires the State Department to establish an expedited decision-making process for certain commercial, advanced-technology defense articles or services to export to Australia, the United Kingdom, and Canada.
(Sec. 1345) This section allows the President to exempt Australia or the United Kingdom from licensing requirements for the export of defense items without notifying Congress.
Part 3--AUKUS Submarine Transfer Authorization Act
AUKUS Submarine Transfer Authorization Act
(Sec. 1352) The President is authorized to transfer up to two Virginia Class submarines from the Navy to Australia on a sale basis, with sale of an additional Virginia class submarine to Australia during the 20-year period following enactment.
The President shall also determine the appropriate public or private shipyard in the United States, Australia, or the United Kingdom to perform repair or refurbishment of any U.S. submarine involved in submarine security activities between the United States, Australia, and the United Kingdom.
(Sec. 1353) The President may accept funds from Australia for DOD use in support of non-nuclear related aspects of submarine security activities in the AUKUS partnership.
TITLE XIV--OTHER AUTHORIZATIONS
This title authorizes appropriations for specified working capital and revolving funds and for other programs, including chemical agents and munitions destruction, drug interdiction and counterdrug activities, and the Defense Health Program. It also sets policy regarding national defense stockpile requirements.
Subtitle A--Military Programs
(Sec. 1401) This section authorizes appropriations for FY2024 for DOD working capital and revolving funds.
(Sec. 1402) This section authorizes appropriations for FY2024 for DOD chemical agents and munitions destruction programs.
(Sec. 1403) This section authorizes appropriations for FY2024 for defense-wide drug interdiction and counter-drug activities.
(Sec. 1404) This section authorizes appropriations for FY2024 for the Office of Inspector General for DOD.
(Sec. 1405) This section authorizes appropriations for FY2024 for the Defense Health Program.
Subtitle B--National Defense Stockpiles
(Sec. 1411) This section requires the National Defense Stockpile program to seek to achieve positive cash flows from the recovery of strategic and critical materials from other federal agencies. The program shall establish a pilot program to use commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile. (The National Defense Stockpile was established by Congress in 1939 to acquire and retain strategic and critical materials to decrease or prevent the potential dependence of the United States on foreign sources for supplies of these materials in times of national emergency.)
The section also expands a requirement to encourage the development of domestic production of strategic and critical materials to include encouraging development of certain non-domestic sources of such materials.
(Sec. 1412) This section authorizes the National Defense Stockpile program to dispose of certain amounts of beryllium, manganese ore, germanium, and carbon fibers.
(Sec. 1413) This section prescribes beginning balances for an audit of the National Defense Stockpile Transaction Fund.
(Sec. 1414) The OUSD(A&S) must submit a strategy to Congress to develop supply chains that are not dependent on mining or processing of critical materials in China, North Korea, Russia, Iran, or any other strategic competitor or adversary of the United States.
Subtitle C--Other Matters
(Sec. 1421) This section authorizes the Armed Forces Retirement Home (AFRH) to lease certain real or personal property controlled by AFRH for a period of exclusivity, access, or study. Proceeds must be deposited in the AFRH Trust Fund.
(Sec. 1422) DOD may transfer funds from the Defense Health Program to the Joint DOD-Department of Veterans Affairs Medical Facility Demonstration Fund for operation of the Captain James A. Lovell Health Care Center, Illinois.
(Sec. 1423) This section authorizes appropriations for the Armed Forces Retirement Home Trust Fund.
TITLE XV--CYBERSPACE-RELATED MATTERS
This title sets policy for various matters related to U.S. military cyber activities, DOD's cyber workforce, and cyber acquisition.
Subtitle A--Cyber Operations
(Sec. 1501) This section requires DOD to maintain performance metrics to track the results of a pilot program for sharing cyber capabilities and related information with foreign operational partners.
(Sec. 1502) This section provides statutory authority for DOD’s Strategic Cybersecurity Program, which is to harmonize cybersecurity to ensure that DOD is able to conduct the most critical military missions.
(Sec. 1503) This section extends through FY2028 and modifies DOD authority to use O&M funds for cyber operations-peculiar capability projects. The section removes the authority of the military departments to carry out such projects.
(Sec. 1504) This section extends through FY2028 the requirement for DOD to provide periodic briefings to Congress on the progress of the Joint All Domain Command and Control (commonly called JADC2) effort. The section requires the briefings to include funding information and a summary of the lessons learned from large-scale exercises and experiments relevant to the JADC2 effort.
(Sec. 1505) This section authorizes DOD to conduct cyber operations to detect and monitor Mexican transnational criminal organizations engaged in illegal activities such as drug smuggling, human trafficking, or weapons trafficking.
(Sec. 1506) Each geographic combatant command shall develop a cyber support mechanism to support the operations of that command.
(Sec. 1507) This section requires DOD to improve the capacity of its cyber red teams with a focus on resources required to meet current and future demands on a DOD-wide basis.
Subtitle B--Cybersecurity
(Sec. 1511) This section modifies the requirement for DOD to designate a Principal Cyber Advisor to instead require DOD to designate a principal staff assistant within OSD to carry out the same functions.
(Sec. 1512) This section requires DOD to establish a cross-functional team to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks supporting the nuclear command, control, and communications mission.
(Sec. 1513) This section requires DOD to establish a pilot program for the Cybersecurity Collaboration Center of the National Security Agency to collaborate with U.S. semiconductor manufacturers on improving the cybersecurity of the semiconductor supply chain.
(Sec. 1514) DOD may transfer to certain private entities in the civil electricity sector certain data and technology under the More Situational Awareness for Industrial Control Systems Joint Capabilities Technology Demonstration program (commonly called the MOSAICS Program). MOSAICS is a DOD effort to develop and demonstrate an operational capability for enhanced situational awareness and defense of certain industrial control systems from non-kinetic attacks.
(Sec. 1515) This section requires DOD to carry out a modernization program for network boundary and cross-domain defense against cyberattacks, expanding on an FY2023 pilot program.
(Sec. 1516) This section establishes the Identity, Credential, and Access Management initiative as a DOD program of record. This would require DOD to list this program in the Future Years Defense Program (FYDP) and to abide by certain federal and DOD regulations for acquisition.
(Sec. 1517) DOD must establish a pilot program known as the Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. This program shall conduct cyber resiliency and reconstitution stress test scenarios for at least four geographically diverse military installations that DOD determines are key components of multiple contingency plans or operational plans, with priority given to the USINDOPACOM or USEUCOM areas of responsibility.
(Sec. 1518) This section requires DOD, with the concurrence of the State Department, to seek to cooperate with Taiwan's Ministry of Defense on defensive cybersecurity activities such as defending military networks, countering malicious cyber activity, and conducting cybersecurity training.
(Sec. 1519) DOD must issue department-wide guidance regarding methods and procedures to secure laboratories of the armed forces from (1) unauthorized access and intrusion; (2) damage, destruction, manipulation, or theft of physical or digital laboratory assets; (3) accidental or intentional release or disclosure of sensitive information; and (4) cyber sabotage.
Subtitle C--Information Technology and Data Management
(Sec. 1521) This section (1) authorizes the DOD’s Chief Digital and Artificial Intelligence Office to access and control any data collected, acquired, accessed, or used by a DOD component; and (2) requires DOD to establish a Chief Digital and Artificial Intelligence Officer Governing Council to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across DOD.
(Sec. 1522) This section modifies a requirement for DOD to designate a program for enterprise-wide procurement of cyber data products and services. Specifically, the section makes the program office responsible for evaluating emerging cyber technologies, such as artificial intelligence-enabled security tools, for efficacy and applicability to DOD requirements.
(Sec. 1523) This section requires the Chief Digital and Artificial Intelligence Office to provide the digital infrastructure and procurement vehicles necessary to manage data assets and data analytics capabilities for certain strategic cyber purposes.
(Sec. 1524) This section requires the Defense Media Activity to establish a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance of publicly-released DOD photographic and video content.
This section also requires the Defense Media Activity to establish a course at the Defense Information School to teach practical concepts and skills related to issues related to digital content provenance, including the challenges posed to DOD operations by digital content forgery.
(Sec. 1525) This section requires DOD to establish one or more prize competitions to support DOD’s business systems modernization goals. DOD must structure the prize competitions to complement and accelerate the delivery of business systems capabilities sought by the military departments that are in operation, in development, or belong to a certain broad class of systems.
(Sec. 1526) This section requires DOD to create a process for enabling public network service providers of fifth generation (5G) information and communications capabilities to provide commercial subscriber services to government and contractor personnel at military facilities. DOD must also develop and implement a strategy for deploying 5G private wireless networks at military facilities.
(Sec. 1527) DOD shall develop and implement policies to establish a unified datalink strategy across the department.
Subtitle D--Personnel
(Sec. 1531) This section requires DOD to establish an office to maintain and oversee the activities of DOD related to its relationship with academia concerning cyber activities.
(Sec. 1532) This section authorizes DOD to activate certain reserve component personnel to active duty to augment the active force for response to a significant cyber incident.
(Sec. 1533) This section authorizes certain recipients of DOD Cyber Service Academy scholarship grants to meet the obligations of their post-award employment through employment in the intelligence community, including in elements that are not part of DOD. To satisfy these obligations, the employment must be with an element of the intelligence community that has entered into an agreement with DOD concerning such post-award employment.
(Sec. 1534) DOD shall award not fewer than 1,000 scholarships to the DOD Cyber Service Academy each year.
(Sec. 1535) This section requires DOD take specified actions related to the critical workforce of the U.S. Cyber Command, including standardizing periods of obligated service for cyber personnel across the military departments.
The U.S. Cyber Command must commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in critical work roles of the Cyber Mission Force.
(Sec. 1536) This section authorizes the Department of the Army to conduct a pilot program to establish a Civilian Cybersecurity Reserve.
(Sec. 1537) DOD must require each component in the department to fully implement each directive, policy, and program requirement for user activity monitoring and least privilege access controls for the personnel of that component, to include federal employees and contractors. Components must also implement automated controls to detect and prohibit privileged user accounts from performing general user activities not requiring privileged access.
(Sec. 1538) This section requires DOD to conduct a study on the personnel and resources required to enhance and support the occupational resiliency of the Cyber Mission Force and report the results to Congress. Occupational resiliency is the ability of personnel to mitigate the unique psychological factors that contribute to the degradation of mental health and job performance.
Subtitle E--Artificial Intelligence
(Sec. 1541) This section extends through FY2029 the acquisition authority of the office coordinating the efforts of DOD to acquire, develop, mature, and transition artificial intelligence (AI) technologies into operational use. In addition, DOD must (1) submit to Congress a plan to exercise such acquisition authority, and (2) provide an operational capability demonstration that shows how DOD will use such acquisition authority to further the data and AI objectives of the department.
(Sec. 1542) DOD shall develop a bug bounty program for foundational AI models being integrated into DOD missions and operations. A bug bounty program is an initiative that rewards those who find bugs or vulnerabilities in software.
(Sec. 1543) This section requires DOD to establish a prize competition designed to evaluate technology for generative AI detection and watermarking.
(Sec. 1544) This section establishes various requirements related to AI policies and strategies, including requirements for DOD to (1) establish and document procedures for the periodic review of the 2018 DOD AI Strategy; (2) issue DOD-wide guidance that defines outcomes of strategies for AI; (3) issue DOD-wide guidance regarding accountability for AI-related activity; (4) develop a plan for the development, use, and cybersecurity of generative AI; (5) assess technical workforce needs; and (6) develop a process for the ethical and responsible use of AI.
(Sec. 1545) DOD must report to Congress on the functionality of AI-enabled military applications, research and development needs related to such applications, and vulnerabilities to the privacy, security, and accuracy of such applications.
Subtitle F--Reports and Other Matters
(Sec. 1551) This section requires DOD to develop a strategy to modernize or replace the Defense Travel System.
(Sec. 1552) DOD shall evaluate and implement the recommendations of the DOD Office of Inspector General with respect to managing mobile applications.
(Sec. 1553) DOD shall submit to Congress a report on using cybersecurity capabilities to protect assets and networks across the department.
(Sec. 1554) The Department of the Army shall submit to Congress a report on its Human Resources Command 2030 Transformation Plan.
(Sec. 1555) DOD must require entities placing recruiting advertisements on behalf of DOD to certify that they do not place recruiting advertisements in news sources based on personal or institutional political preferences or biases or determinations of misinformation.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS
This title sets policy for various matters related to space activities, nuclear forces, missile defense, and intelligence.
Subtitle A--Space Activities
(Sec. 1601) This section delegates responsibilities related to explosive safety for military space launch vehicles from DOD’s Explosive Safety Board to the Department of the Air Force and the Space Force. Additionally, DOD, the Department of Transportation, and the National Aeronautics and Space Administration (NASA) shall jointly establish a process through which scientifically valid yield determinations can be assessed for space launch vehicles while in flight.
(Sec. 1602) DOD must review the classification guidance for a space major defense acquisition program before the program achieves Milestone B approval. The classification of a program determines the level of oversight required for the program. Milestone B is a point in the acquisition process for major military equipment programs that seeks to determine if a program meets all requirements related to technology maturation and risk reduction and is ready to proceed into the engineering and manufacturing stage.
(Sec. 1603) This section authorizes the military services to provide space launch support services to civil and commercial space entities.
(Sec. 1604) The Office of the Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principal Military Deputy for Space Acquisition and Integration, who is an active duty Space Force officer.
(Sec. 1605) This section modifies the timing of DOD’s annual report to Congress on updates to the assessments, analyses, and evaluations for the Space Policy Review so that submission of the report occurs concurrently with the submission of the National Defense Strategy.
(Sec. 1606) This section authorizes the Department of the Air Force to establish the National Space Intelligence Center as a field operating agency of the Space Force.
(Sec. 1607) This section requires the Department of the Air Force to designate a date for the initial operating capability of the Advanced Tracking and Launch Analysis System (ATLAS) and to terminate the program if it does not achieve initial operating capability by that date.
The Department of the Air Force must also enter a contract with an FFRDC to review the space command and control software acquisition program.
(Sec. 1608) This section requires the Space Development Agency to use the middle tier of acquisition authority (typically used to rapidly develop fieldable prototypes to demonstrate new capabilities or rapidly field production quantities of systems that require minimal development) for the rapid fielding of satellites and associated systems for the first three tranches of the agency's proliferated warfighter space architecture.
(Sec. 1609) The Office of the Assistant Secretary of the Air Force for Space Acquisition and Integration shall (1) establish a process to regularly identify and evaluate commercial space situational awareness capabilities, and (2) develop and implement a plan to integrate the unified data library into the operational systems of the Space Force.
(Sec. 1610) The Office of the Assistant Secretary of the Air Force for Space Acquisition and Integration shall development and implement a plan to expand threat-sharing arrangements with commercial space operators under contract with DOD.
(Sec. 1611) The Department of the Air Force shall (1) consider options for the integration of resilient military tactical satellite communications capabilities as part of the force design process for the Space Force, (2) develop a plan for integrating such capabilities into the Space Force, and (3) ensure that a geostationary small satellite communications constellation is evaluated for inclusion.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
(Sec. 1621) The Defense Intelligence Agency may accept and expend funds from one or more foreign partners to share the expenses of joint and combined military intelligence collection and analysis activities.
Subtitle C--Nuclear Forces
(Sec. 1631) This section requires DOD to establish a unified major force program for nuclear command, control, and communications programs.
(Sec. 1632) This section extends a requirement for the President to report on plans to modernize or replace strategic nuclear weapon delivery systems that are not fully funded.
(Sec. 1633) U.S. Strategic Command (USSTRATCOM) shall complete an independent annual assessment of the sufficiency of the nuclear acquisition, construction, and recapitalization programs conducted by DOD and the National Nuclear Security Administration. USSTRATCOM shall submit the assessment to the Nuclear Weapons Council and Congress.
(Sec. 1634) This section specifies requirements related to the Sentinel Intercontinental Ballistic Missile (ICBM) system. Specifically (1) the head of the Sentinel Intercontinental Ballistic Missile Site Activation Task Force shall report to the commander of the Air Force Global Strike Command; and (2) the Department of the Air Force shall conduct an assessment and report to Congress on whether any existing, modified, or new acquisition authorities could be used in future years to ensure the program meets deadlines and the defense industrial base can deliver components in a timely manner.
(Sec. 1635) This section requires DOD to delegate to the commander of the Air Force Global Strike Command tasking and oversight authority with respect to other DOD components participating in the Sentinel Intercontinental Ballistic Missile Site Activation Task Force.
(Sec. 1636) This section extends through FY2024 a limitation on DOD or the Department of Energy (DOE) deactivating, dismantling, or retiring more than 25% of the B83-1 nuclear gravity bombs in the active stockpile until DOD submits a study to Congress on options to hold at risk hard and deeply buried targets.
DOE is authorized to carry out activities related to the development and modification of a nuclear weapon to provide near-term capabilities for hard and deeply buried targets using amounts authorized and appropriated for the sustainment of the B83-1 nuclear gravity bomb.
(Sec. 1637) This section repeals a requirement for DOD to contract for a study of nuclear deterrence postures with FFRDCs.
(Sec. 1638) This section expands requirements for the Department of the Air Force to retain a capability to deploy multiple independently targetable reentry vehicles (MIRVs) to include Sentinel ICBMs.
(Sec. 1639) This section authorizes the Air Force Global Strike Command to use a partnership intermediary to (1) carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and (2) identify capabilities for the Air Force nuclear enterprise to potentially generate life-cycle cost savings and provide data-driven approaches to resource allocation.
(Sec. 1640) This section requires DOD to establish a nuclear sea-launched cruise missile (SLCM-N) program and to designate it as a major defense acquisition program. DOD and National Nuclear Security Administration shall take actions to ensure that the SLCM-N achieves initial operating capacity by the end of FY2034.
(Sec. 1641) This section requires DOD to refurbish at least 150 silos at each of three locations for use by the Sentinel ICBM program.
(Sec. 1642) Prior to issuing a Milestone C decision for the Sentinel ICBM program, DOD must certify to Congress that there is a long-term capability in place to maintain and modernize the Sentinel’s guidance system over the missile’s full life cycle. Milestone C is a point in the acquisition process for major military equipment programs where the decision is made whether or not to enter the production and deployment phase.
(Sec. 1643) DOD shall provide to Congress an approved integrated master schedule for the Sentinel missile program.
(Sec. 1644) This section requires the Department of the Air Force to develop a replacement for the Strategic Automated Command and Control System (SACCS) by the time the Sentinel ICBM reaches initial operational capability.
(Sec. 1645) This section authorizes the Department of the Air Force to carry out a pilot program called the Reentry Vehicle Flight Test Bed Program to assess the feasibility of providing regular flight test opportunities to facilitate technology upgrades in reentry vehicles.
(Sec. 1646) This section prohibits DOD from reducing the responsiveness or alert level of U.S. ICBMs or the number of deployed ICBMs to below 400.
(Sec. 1647) This section limits DOD’s use of funds available for the Office of the Under Secretary of Defense for Policy until it fully complies with information requests from the GAO regarding a study on DOD strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements.
(Sec. 1648) This section requires DOD to notify Congress of decisions to delay scheduled test events for strategic delivery systems.
(Sec. 1649) Upon determining that militarily significant cooperation between Russia and China related to nuclear or strategic capabilities is likely to occur or has occurred, USSTRATCOM shall notify Congress.
(Sec. 1650) The Department of the Air Force shall develop and submit to Congress a plan to decrease the amount of time required to upload additional warheads to the ICBM force in the event presidential direction is given.
Subtitle D--Missile Defense Programs
(Sec. 1661) This section requires that the Director of the Missile Defense Agency (MDA) be a military general or flag officer and provides statutory authority for the position of Deputy Director of MDA, also a military general or flag officer. The Director and Deputy Director may not be from the same military service.
(Sec. 1662) This section modifies a requirement for MDA to submit program accountability matrices for next-generation interceptors for missile defense by expanding the matrices to include the product development phase.
(Sec. 1663) This section revises a statement of policy regarding maintaining a layered missile defense capability.
(Sec. 1664) This section extends until FY2030 and modifies a GAO requirement to review and report to Congress on DOD Missile Defense Acquisition programs. The assessment must include DOD missile defense acquisition efforts related to emerging missile threats.
(Sec. 1665) This section authorizes MDA funds to be provided to Israel for the coproduction with the United States of components for the Iron Dome, David’s Sling, and Arrow 3 systems.
(Sec. 1666) This section requires the MDA to carry out a program to achieve initial operational capacity for the Glide Phase Interceptor by the end of 2029 and full operational capacity by the end of 2032.
(Sec. 1667) DOD must rescind its current directive-type memorandum Missile Defense System Policies and Governance and replace it with governance documents, policies, and procedures that balance (1) providing MDA with greater flexibility and agility, and (2) the need for continued oversight to ensure integration into joint force air and missile defense capabilities.
(Sec. 1668) This section limits DOD in using operation and maintenance funds for the Office of Cost Assessment and Program Evaluation in OSD until it submits to Congress a report (required in current law) on missile defense roles and responsibilities.
(Sec. 1669) This section requires U.S. Indo-Pacific Command to develop a comprehensive strategy to acquire and establish an integrated air and missile defense architecture for the command's area of responsibility.
(Sec. 1670) DOD shall submit to Congress a report on potential enhancements to U.S. and allied air and missile defense capabilities that could contribute to the integrated air and missile defense capability of NATO.
(Sec. 1671) The MDA shall seek to enter into an arrangement with an FFRDC to update a previous study conducted by the Institute for Defense Analyses examining the feasibility and advisability of developing a space-based missile defense capability.
Subtitle E--Other Matters
(Sec. 1681) This section extends through 2026 authority for DOD to take actions necessary to mitigate the threat that an unmanned aircraft system places on certain DOD-related sites in the United States.
(Sec. 1682) This section requires DOD to establish an electromagnetic spectrum operations executive committee to inform, coordinate, and evaluate matters of electromagnetic warfare.
The section also requires DOD to establish (1) processes and procedures for joint electromagnetic spectrum operations across DOD, and (2) an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations at the U.S. Strategic Command.
DOD must also report to Congress annually on various issues, including (1) DOD's electromagnetic spectrum strategy, (2) an evaluation of whether sufficient funds exist in the President's annual budget submission for electromagnetic spectrum battle management and joint electromagnetic spectrum operations cells, and (3) an electromagnetic spectrum superiority implementation plan.
(Sec. 1683) This section specifies amounts that may be obligated for various activities of the DOD Cooperative Threat Reduction Program.
(Sec. 1684) This section designates the Department of the Air Force as responsible for presenting space-based ground and airborne moving target indication systems to the combatant commands.
(Sec. 1685) This section requires the Council on Oversight of the DOD Positioning, Navigation, and Timing Enterprise to brief Congress periodically on the status of implementation of M-Code compliant GPS receivers through the Military GPS User Equipment program.
(Sec. 1686) This section requires DOD to establish requirements for protecting sensor, navigation, and communications systems against jamming, spoofing, and unintended interference from military systems. DOD must also require the military departments and combat support agencies to take actions to ensure that certain radar, signals intelligence, navigation, and communications systems are able to withstand jamming, spoofing, and unintended interference. Such actions shall include periodically testing each system and retrofitting as necessary.
(Sec. 1687) This section limits DOD spending in support of activities involving unidentified anomalous phenomena protected under any form of restricted or special access unless DOD has provided the details of the activity to Congress.
(Sec. 1688) DOD must submit to Congress a strategy for ground-based theatre-range conventional missiles in the Indo-Pacific region.
(Sec. 1689) The Joint Chiefs of Staff shall enter into an agreement with an FFRDC to conduct a study on the future of the Integrated Tactical Warning Attack Assessment System.
(Sec. 1690) DOD shall enter into an agreement with a university-affiliated research center with expertise in strategic deterrence to conduct research and analysis on multipolar deterrence and escalation dynamics.
TITLE XVII--SPACE FORCE PERSONNEL MANAGEMENT
Space Force Personnel Management Act
Subtitle A--Space Force Military Personnel System Without Component
(Sec. 1711) This section specifies that all members of the Space Force shall be managed through a single personnel management system without component (i.e., there will not be separate personnel systems for a full-time regular component and a mostly part-time reserve component).
(Sec. 1712) This section eliminates the Regular Space Force from a statute describing the composition of the Space Force, thereby eliminating a distinction between active component and reserve component personnel that is found in other military services. This section becomes effective on the date the Department of the Air Force certifies to Congress that there are no longer any members of the Regular Space Force (see also sections 1732 and 1735).
(Sec. 1713) This section establishes definitions related to the status of Space Force personnel, such as a definition for sustained duty (a type of active duty available only for Space Force personnel and analogous to how regular component personnel of the other military branches serve on active duty).
(Sec. 1714) This section specifies that each member of the Space Force will be assigned to one of three duty statuses: (1) active status, (2) inactive status, or (3) retired status. This section also addresses how the minimum service requirement for new members of the armed forces will be applied to members of the Space Force.
(Sec. 1715) This section establishes authorities and requirements related to the duty status and participation of Space Force personnel. For example, it provides various authorities for the Department of the Air Force to order Space Force personnel to active duty.
(Sec. 1716) This section establishes authorities and requirements related to Space Force officer appointments, promotions, failure of selection for promotion, and other topics.
(Sec. 1717) This section establishes authorities and requirements related to Space Force enlistments.
(Sec. 1718) This section establishes authorities and requirements related to Space Force retention and separation.
(Sec. 1719) This section establishes authorities and requirements related to separation of Space Force officers for substandard performance and certain other reasons.
(Sec. 1719A) This section establishes authorities and requirements related to voluntary retirement of Space Force personnel for length of service.
Subtitle B--Conforming Amendments Related to Space Force Military Personnel System
(Sec. 1721) This section amends various sections of law related to the Air Force and Space Force for conformity with the terminology and provisions of the Space Force Personnel Management Act.
(Sec. 1722) This section amends various sections of general military law for conformity with the terminology and provisions of the Space Force Personnel Management Act.
(Sec. 1723) This section amends various sections of veterans’ benefits law for conformity with the terminology and provisions of the Space Force Personnel Management Act.
Subtitle C--Transition Provisions
(Sec. 1731) This section defines transition period in this subtitle to mean the period beginning on the date of enactment of this act and ending on the last day of the fourth fiscal year beginning after the date of enactment of this act.
(Sec. 1732) This section requires the Department of the Air Force to change the duty status of each member of the Regular Space Force to Space Force active status and order such member to sustained duty no later than the end of the transition period.
(Sec. 1733) During the transition period, this section authorizes (1) DOD to transfer certain officers in an Air Force reserve component to the Space Force, with the consent of the officer; and (2) the Department of the Air Force to transfer certain enlisted members in an Air Force reserve component to the Space Force, with the consent of the enlisted member. This section also authorizes the Department of the Air Force to provide retraining and reassignment in a reserve component of the Air Force to those who do not agree to such transfer.
(Sec. 1734) This section specifies placement on the Space Force officer list for those officers whose duty status changed under section 1732 or who transferred to the Space Force under section 1733.
(Sec. 1735) This section requires the Department of the Air Force to disestablish the Regular Space Force once all Regular Space Force personnel are converted to Space Force active status and ordered to sustained duty (but no later than the end of the transition period).
(Sec. 1736) This section authorizes the Department of the Air Force to vary the end strength of active duty Space Force personnel by up to 5% above and 10% below the congressionally authorized level in certain circumstances during the transition period.
(Sec. 1737) This section authorizes the Department of the Air Force to convene boards for the promotion of Space Force officers during the transition period using any of three separate authorities (i.e., the existing authority for promotion of officers on the active duty list, the existing authority for promotion of officers on the reserve active status list, and the new promotion authority added by section 1716), except that once the new promotion authority is used for a particular grade and competitive category the department may no longer use the other authorities for that grade and competitive category.
Subtitle D--Other Amendments Related to the Space Force
(Sec. 1741) This section amends various provisions of law related to military personnel to include Space Force personnel (for example, specifying that the commissioned officer grades for the Space Force are the same as those for the Air Force).
(Sec. 1742) This section amends various provisions of law providing benefits or protections to military personnel to include Space Force personnel (for example, specifying that the Servicemembers Civil Relief Act covers Space Force personnel).
TITLE XVIII--OTHER DEFENSE MATTERS
This title sets policy on various defense-related matters.
Subtitle A--Other Defense Matters
(Sec. 1801) This section contains various technical and conforming amendments to Title 10, U.S. Code.
(Sec. 1802) This section extends through 2024 the authority for DOD to conduct commercial activities necessary to provide security for authorized DOD intelligence collection activities abroad.
(Sec. 1803) This section modifies a goal for DOD to reduce its dependence on Russian energy sources for operating bases in Europe to include all bases. Currently, the goal only applies to main operating bases.
(Sec. 1804) This section designates March 9 as U.S. Hostage and Wrongful Detainee Day and designates a Hostage and Wrongful Detainee Flag.
(Sec. 1805) This section modifies the Department of Veterans Affairs-DOD Joint Executive Committee by (1) adding officials from the Department of Labor and other executive branch agency officials as DOD and the Veterans Administration may determine, and (2) adding considerations of transition from life in the armed forces to civilian life in its programs.
(Sec. 1806) This section requires DOD to authorize U.S. citizens who are employed by NATO and perform functions in support of U.S. armed forces to use overseas military post offices.
(Sec. 1807) This section extends through 2029 admission to Guam or the Commonwealth of the Northern Mariana Islands for certain individuals who are nonimmigrant H-2B workers with employment related to military realignment or health care.
(Sec. 1808) DOD may provide assistance to the Coast Guard to execute certain existing maritime law enforcement agreements between the United States and friendly African countries.
(Sec. 1809) This section designates the museum located at Blytheville/Eaker Air Force Base in Arkansas as a National Cold War Center.
(Sec. 1810) The Department of Homeland Security shall transfer, without reimbursement, seven HC-130H aircraft to the State of California for wildfire suppression.
(Sec. 1811) This section prohibits DOD FY2024 funds from being made available to the Wuhan Institute of Virology or from being used for work performed in China by EcoHealth Alliance, Inc.
Subtitle B--Drone Security
American Security Drone Act of 2023
(Sec. 1823) This section bans the procurement by the federal government of unmanned aircraft systems (UAS) that are manufactured or assembled by certain foreign entities, including entities subject to influence or control by China, with exceptions.
(Sec. 1824) This section bans, two years after enactment, the use by the federal government of UAS that are manufactured or assembled by certain foreign entities, including entities subject to influence or control by China, with exceptions. The ban includes associated elements that enable the operator to operate the aircraft in the national airspace system.
(Sec. 1825) This section bans, two years after enactment, the use of federal funds by contractors to procure or operate any UAS manufactured or assembled by certain foreign entities, including entities subject to influence or control by China, with exceptions.
(Sec. 1826) Government-issued purchase cards may not be used to procure any UAS manufactured or assembled by certain foreign entities, including entities subject to influence or control by China.
(Sec. 1827) All executive agencies must account for, in their personal property accounting systems, existing inventories of UAS manufactured or assembled by certain foreign entities, including entities subject to influence or control by China.
(Sec. 1828) GAO must submit to Congress a report on the amount of commercial off-the-shelf drones and covered UAS procured by federal departments and agencies from certain foreign entities, including entities subject to influence or control by China.
(Sec. 1829) The Office of Management and Budget shall establish a government-wide policy for the procurement of UAS, excluding DOD and the intelligence community. The policy must take into account information security. The Federal Acquisition Regulatory Council and entities not subject to the Federal Acquisition Regulation must revise their regulations as necessary to implement the policy.
(Sec. 1830) Federal entities may continue to support state, local, or territorial law enforcement or emergency service agencies using UAS if the federal entity has a waiver for UAS use.
(Sec. 1831) The Office of the Under Secretary of Defense for Acquisition and Sustainment must report to Congress on the supply chain for certain UAS.
(Sec. 1832) Federal wildfire management operations, federal search and rescue operations, authorized intelligence activities, tribal law enforcement agencies, and tribal emergency service agencies are excepted from the provisions of this subtitle to the extent that procurement or operation of UAS is necessary for such operations.
(Sec. 1833) Sections 1823, 1824, and 1825 terminate five years after enactment.
Subtitle C--Unidentified Anomalous Phenomena
(Sec. 1841) This section requires the National Archives and Records Administration (NARA) to establish an Unidentified Anomalous Phenomena Records Collection. Copies of all records shall be included in the collection and available to the public both in person and digitally.
(Sec. 1842) Each federal office shall identify and organize records relating to unidentified anomalous phenomena and prepare such records for transmissions to NARA. Each office shall also review whether each record is covered by the standards for postponement of public disclosure.
(Sec. 1843) Public release may be postponed if the original classification authority determines that there is clear and convincing evidence that (1) the threat to military defense, intelligence operations, or foreign relations is of such gravity that it outweighs the public interest in disclosure and impacts current intelligence or military operations; (2) public disclosure would violate the Privacy Act; (3) public disclosure would be an unwarranted invasion of personal privacy and outweighs the public interest; or (4) public disclosure would compromise an understanding of confidentiality and outweighs the public interest.
Subtitle D--World Trade Center Health Program
(Sec. 1851) This section modifies the World Trade Center Health Program (a Department of Health and Human Services program that provides medical monitoring and treatment benefits to certain emergency responders and recovery workers, as well as to certain New York City residents exposed to health risks after the terrorist attacks on September 9, 2001, commonly called 9/11) to extend eligibility in the program to DOD and other federal employees involved in rescue, demolition, debris cleanup, or other related services after 9/11 for the Pentagon and Shanksville, Pennsylvania, sites.
This section also establishes and provides funding for (1) a World Trade Center Health Program Special Fund; and (2) a World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania.
(Sec. 1852) This section modifies requirements for sequestration related to Medicare in FY2032 in current law, extending the full percentage of sequestration for Medicare direct payments for an additional month.
(Sec. 1853) This section authorizes an increase in the Medicare Improvement Fund.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Military Construction Authorization Act for Fiscal Year 2024
(Sec. 2002) This section specifies that the authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to NATO contained in Titles XXI through XXVII shall expire on the later of (1) October 1, 2026, or (2) the date of enactment of an act authorizing funds for military construction for FY2027.
(Sec. 2003) This section specifies that Titles XXI through XXVII shall take effect on the later of (1) October 1, 2023, or (2) the date of enactment of this act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
(Sec. 2101) This section authorizes various Army land acquisition and military construction projects including projects at Fort Liberty, North Carolina; Fort Eisenhower, Georgia; and Hohenfels, Germany.
(Sec. 2102) This section authorizes (1) various Army family housing projects including projects in Baumholder, Germany, and Kwajalein Atoll, Kwajalein; (2) improvements to Army family housing units; and (3) planning and design for the construction or improvement of Army family housing units.
(Sec. 2103) This section authorizes appropriations for Army military construction, land acquisition, and family housing.
(Sec. 2104) This section extends through FY2027 the authority of the Department of the Army to use cash payments from the sale of certain parcels of land at Army Natick Soldier Systems Center in Massachusetts for certain housing demolition, construction, and rehabilitation projects at that location.
(Sec. 2105) This section extends an FY2018 project authorization for an unmanned aerial vehicle hangar at Kunsan Air Base, Korea.
(Sec. 2106) This section extends FY2019 project authorizations for (1) a command and control facility at Camp Tango, Korea; (2) cantonment area roads at Fort Meade, Maryland; (3) an ammunition holding area at Nevo Selo forward operating site, Bulgaria; and (4) an explosives and ammo load/unload apron at Mihail Kogalniceanu forward operating site, Romania.
(Sec. 2107) This section extends FY2021 project authorizations for (1) a ready building at Yuma Proving Ground, Arizona; (2) a forensic lab at Fort Gillem, Georgia; (3) an information systems facility at Fort Johnson, Louisiana; and (4) a child development center at Fort Eisenhower, Georgia.
TITLE XXII--NAVY MILITARY CONSTRUCTION
(Sec. 2201) This section authorizes various Navy land acquisition and military construction projects, including projects at Naval Base Guam, Guam; Marine Corps Base Camp Lejeune, North Carolina; and Camp Lemonnier, Djibouti.
(Sec. 2202) This section authorizes (1) a Navy family housing project at Joint Region Marianas, Guam; (2) improvements to Navy family housing units; and (3) planning and design for the construction or improvement of Navy family housing units.
(Sec. 2203) This section authorizes appropriations for Navy military construction, land acquisition, and family housing.
(Sec. 2204) This section extends specified FY2019 project authorizations, including (1) a pier and maintenance facility in Bangor, Washington; (2) a fire station at Marine Corps Air Station Beaufort, South Carolina; and (3) a joint mobility processing center at Naval Support Activity Souda Bay, Greece.
(Sec. 2205) This section extends specified FY2021 project authorizations, including (1) a joint communication upgrade at Joint Region Marianas, Guam; and (2) a waste water treatment plan at Twentynine Palms, California.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
(Sec. 2301) This section authorizes various Air Force land acquisition and military construction projects, including projects at Tyndall Air Force Base, Florida; Ellsworth Air Force Base, South Dakota; and Rygge Air Station, Norway.
(Sec. 2302) This section authorizes (1) an Air Force family housing project at Yokota Air Base, Japan; (2) improvements to Air Force family housing units; and (3) planning and design for the construction or improvement of Air Force family housing units.
(Sec. 2303) This section authorizes appropriations for Air Force military construction, land acquisition, and family housing.
(Sec. 2304) This section extends specified FY2017 project authorizations, including (1) a C-130J corrosion control hangar at Yokota Air Base, Japan; and (2) an F/A-22 low observable/composite repair facility at Spangdahlem Air Base, Germany.
(Sec. 2305) This section extends specified FY2018 project authorizations, including (1) a fire station at Tyndall Air Force Base, Florida; (2) a parallel taxi-way at Kecskemet Air Base, Hungary; and (3) airfield upgrades at Malacky, Slovakia.
(Sec. 2306) This section extends specified FY2019 project authorizations, including (1) a child development center at Joint Base Andrews, Maryland; (2) a composite aircraft antenna calibration facility at Hill Air Force Base, Utah; and (3) a munitions holding area at Royal Air Force Fairford station, United Kingdom.
(Sec. 2307) This section extends FY2021 project authorizations for (1) an access control point at Joint Base Langley-Eustis, Virginia; (2) a rapid airfield damage repair storage facility at Ramstein Air Base, Germany; and (3) a rapid airfield damage repair storage facility at Spangdahlem Air Base, Germany.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
(Sec. 2401) This section authorizes specified DOD agency land acquisition and military construction projects, including projects at Fort Meade, Maryland; Redstone Arsenal, Alabama; and Naval Station Guantanamo Bay, Cuba.
(Sec. 2402) This section authorizes specified energy resilience and conservation investment program (ERCIP) projects, including projects at Lake City Army Ammunition Plant, Missouri; Naval Submarine Base Kings Bay, Georgia; and Camp Buehring, Kuwait.
This section also authorizes contracts for construction projects to improve certain utility systems that only provide services to a military installation, including projects at Fort Cavazos, Texas, and Offutt Air Force Base, Nebraska.
(Sec. 2403) This section authorizes appropriations for DOD agency military construction and energy resilience and conservation investment program projects.
(Sec. 2404) This section extends FY2018 project authorizations for bulk storage tanks in Iwakuni, Japan, and school replacement in Punta Borinquen, Puerto Rico.
(Sec. 2405) This section extends FY2019 project authorizations for (1) a special operations forces joint parachute rigging facility in Baumholder, Germany; (2) an elementary school at Camp McTureous, Japan; and (3) a fuel pier at Iwakuni, Japan. This section also modifies the authorization for the parachute rigging facility to increase the authorized amount from $11.5 million to $23 million.
(Sec. 2406) This section extends an FY2021 project authorization for a fuel wharf at Defense Fuel Support Point Tsurumi, Japan.
(Sec. 2407) This section extends specified FY2021 ERCIP projects, including (1) central standby generators at Creech Air Force Base, Nevada; (2) 10 megawatts of battery energy storage at Marine Corps Air Combat Center Twentynine Palms, California; and (3) a smart grid project at Naval Support Activity Naples, Italy.
(Sec. 2408) This section authorizes contracts for certain FY2022 utility system improvement projects, including (1) construction of a 10-megawatt generation plant and microgrid for Fort Stewart, Georgia, and (2) construction of a 10-megawatt microgrid utilizing existing and new generators for Fort Liberty, North Carolina.
(Sec. 2409) This section authorizes contracts for FY2023 utility system improvement projects involving power generation and microgrids at Fort Stewart, Georgia; Fort Riley, Kansas; and Fort Cavazos, Texas.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
(Sec. 2501) This section authorizes DOD to make contributions for authorized NATO military construction projects under the NATO Security Investment Program (NSIP).
(Sec. 2502) This section authorizes appropriations for the contributions authorized in Section 2501.
Subtitle B--Host Country In-Kind Contributions
(Sec. 2511) This section authorizes DOD to accept specified military construction projects in South Korea as in-kind contributions from the South Korean government, including (1) a humidity-controlled warehouse at Camp Carroll, (2) a consolidated fire and military police station at Camp Walker, and (3) a water supply treatment facility at Osan Air Base.
(Sec. 2512) This section authorizes DOD to accept specified military construction projects in Poland as in-kind contributions from the Polish government, including (1) a barracks and dining facility at Powidz, (2) bulk fuel storage at Swietoszow, and (3) an aerial port of debarkation ramp at Wroclaw.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
(Sec. 2601) This section authorizes specified Army National Guard land acquisition and military construction projects, including projects at Lexington Avenue Armory, New York; Quonset Point, Rhode Island; and Southaven Readiness Center, Mississippi.
(Sec. 2602) This section authorizes Army Reserve land acquisition and military construction projects at San Tan Valley, Arizona; Fort Hunter Liggett, California; Marine Corps Logistics Base Albany, Georgia; and Birmingham, Alabama.
(Sec. 2603) This section authorizes Navy Reserve and Marine Corps Reserve land acquisition and military construction projects at Naval Reserve Center Battle Creek, Michigan, and Marine Forces Reserve Dam Neck Virginia Beach, Virginia.
(Sec. 2604) This section authorizes specified Air National Guard land acquisition and military construction projects, including projects at Portland International Airport, Oregon; Ebbing Air National Guard Base, Arkansas; and Buckley Space Force Base, Colorado.
(Sec. 2605) This section authorizes specified Air Force Reserve land acquisition and military construction projects, including projects at March Air Reserve Base, California; Joint Region Marianas, Guam; and Dobbins Air Reserve Base, Georgia.
(Sec. 2606) This section authorizes appropriations for National Guard and Reserve land acquisition and military construction projects.
(Sec. 2607) This section extends an FY2018 project authorization for construction of a small arms range at Hulman Regional Airport, Indiana.
(Sec. 2608) This section extends an FY2019 project authorization for a training facility at Francis S. Gabreski Airport, New York.
(Sec. 2609) This section extends specified FY2021 project authorizations, including (1) a National Guard readiness center at Fort Allen, Puerto Rico; (2) an Army aviation support facility in St. Croix, U.S. Virgin Islands; and (3) an F-16 mission training center at Joint Base San Antonio, Texas.
(Sec. 2610) This section modifies an FY2023 project authorization to allow construction of a 15,000 square foot area maintenance support facility.
(Sec. 2611) This section authorizes restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania, under certain conditions.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
(Sec. 2701) This section authorizes appropriations for base realignment and closure activities as authorized by the Defense Base Closure and Realignment Act of 1990.
(Sec. 2702) This section specifies that nothing in the bill shall be construed to authorize an additional base realignment and closure round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Programs
(Sec. 2801) This section makes permanent the Defense Community Infrastructure Program, which allows DOD to provide assistance to state and local governments to address deficiencies in community infrastructure supporting a military installation.
(Sec. 2802) This section makes permanent certain increased maximum amounts a military department can spend on unspecified minor military construction projects, increases the amount of operations and maintenance funds a military department can spend on such projects, and expands the definition of such projects to include demolition.
(Sec. 2803) This section expands an authority providing increased maximum amounts for unspecified minor military construction projects based on construction costs at the project location to include areas outside the United States.
(Sec. 2804) This section increases the maximum aggregate amount of operations and maintenance funds a military department can spend on military construction projects for military installation resilience.
(Sec. 2805) This section authorizes DOD to use operations and maintenance funds, within specified limits, for construction projects in friendly foreign countries (but not on a military installation) to support vital U.S. military requirements at an aerial port of debarkation, sea port of debarkation, or rail or other logistics support location.
(Sec. 2806) This section increases from $4 million to $8 million the maximum cost of a repair project for which a military department may use turn-key selection procedures (i.e., procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the military service) for five years after enactment.
(Sec. 2807) This section authorizes DOD to use cost-plus incentive-fee contracting for certain military construction projects associated with the Sentinel intercontinental ballistic missile program for one low-rate initial production lot at each of three specified Air Force bases.
(Sec. 2808) This section requires DOD and the military departments to provide information to Congress on whether certain construction materials and methods were considered in the design of those military construction projects with an estimated cost in excess of $9 million.
(Sec. 2809) This section requires DOD to incorporate cybersecurity supply chain management tools and solutions into projects that (1) are connected to a Department of Defense Information Network; and (2) receive funds under a specified authority related to military construction projects for energy resilience, energy security, and energy conservation.
(Sec. 2810) This section authorizes U.S. Indo-Pacific Command through March 31, 2029, to carry out unspecified minor military construction projects not otherwise authorized by law, with the cost of any such project not to exceed $15 million, to (1) support the rotational deployment of the armed forces, (2) enhance facility preparedness and installation resilience in support of defense activities, or (3) provide for prepositioning and storage of equipment and supplies.
(Sec. 2811) This section specifies that when DOD or a military department conveys a utility system that only services a military installation to a utility company or other entity, the department is authorized to (1) use a sole source contract with the conveyee to carry out certain military construction projects to improve the infrastructure of that utility system, and (2) convey such infrastructure improvements to the utility company or entity. This section also authorizes DOD or a military department to utilize existing areawide contracts to procure utility services for certain purposes.
Subtitle B--Military Housing Reforms
(Sec. 2821) This section establishes a Military Family Readiness Working Group for Military Housing within the DOD Military Family Readiness Council to make policy recommendations related to privatized military housing.
(Sec. 2822) This section prohibits military departments from making certain payments to lessors that DOD determines are not in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights. This section also (1) transfers responsibility for investigating reports of reprisals against those who report issues related to privatized military housing units to the DOD Inspector General, and (2) expands investigation of such reports from those made by members of the armed forces to all tenants of such housing.
(Sec. 2823) This section requires a party presenting a proposed nondisclosure agreement to a tenant of privatized military housing to provide notification that the tenant has 10 business days to seek legal counsel regarding the terms and implications of the agreement and specifies that the tenant may not be required to sign the agreement before the end of that 10-day period.
(Sec. 2824) This section requires DOD to include certain questions about military housing satisfaction in its status of forces surveys.
(Sec. 2825) This section requires DOD to implement each of the recommendations contained in the GAO report entitled DOD Can Further Strengthen Oversight of Its Privatized Housing Program or, if DOD does not implement all of the recommendations, to submit a report to Congress explaining the reasons for not implementing those recommendations.
Subtitle C--Covered Military Unaccompanied Housing Reforms
This subtitle addresses various issues related to covered military unaccompanied housing, defined as government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents, and referred to in the section summaries for this subtitle as military unaccompanied housing.
(Sec. 2831) This section requires DOD to establish uniform design standards for military unaccompanied housing that provide a minimum area of floor space per individual occupying a unit, ensure that not more than two individuals may occupy such a unit, and provide certain definitions and measures (such as quality of construction material to be used). This section also requires the military departments to ensure that all military unaccompanied housing located on installations under a department’s jurisdiction complies with these standards within two years of this bill’s enactment.
(Sec. 2832) This section requires DOD to establish certain minimum standards for military unaccompanied housing, including standards related to safety, security, environmental comfort, and health.
(Sec. 2833) This section requires that any waiver of privacy and configuration standards for military unaccompanied housing may only be approved at the military department level and only after all options to provide housing that meets such standards (for example, providing affected servicemembers with a housing allowance to offset the cost of renting accommodation in the civilian economy) have been exhausted. Such waivers are only valid for nine months and may not be renewed.
(Sec. 2834) This section requires DOD to include, in conjunction with the President’s budget submission to Congress, a certification from each military department that the cost for all needed repairs and improvements for each occupied military unaccompanied housing facility under the department’s jurisdiction does not exceed 20 percent of the replacement cost of such facility.
(Sec. 2835) This section establishes a five-year pilot program authorizing each military department to replace military unaccompanied housing facilities (1) that are not in compliance with uniform standards for such housing, and (2) for which the cost of repairing a facility to bring it into compliance with the standards exceeds 75% of the replacement cost.
(Sec. 2836) This section requires DOD to issue regulations directing the military departments to place a civilian employee at each military installation’s housing office to oversee military unaccompanied housing at that installation, except that military personnel with certain occupational specialties (e.g., barracks manager) may serve in such positions. This section also prohibits military members being assigned collateral duty as a barracks manager or supervisor overseeing maintenance records for unaccompanied housing.
(Sec. 2837) This section requires DOD to establish for each military department a maintenance work order management process for military unaccompanied housing under the department’s jurisdiction.
(Sec. 2838) This section requires DOD to establish a uniform index for evaluating the condition of military unaccompanied housing facilities. The military departments must use the index to evaluate the condition of each of their facilities.
(Sec. 2839) This section requires each military department to submit an annual report to Congress through FY2029 on the condition of military unaccompanied housing using the index described in Section 2838.
(Sec. 2840) This section requires that whenever DOD signs a memorandum of agreement with another federal agency to provide a vacant facility for purposes of temporary housing support and certifies to Congress that this action shall not negatively affect military requirements, as required by current law, DOD shall also notify each Member of Congress representing the area in which the facility is located.
(Sec. 2841) This section requires DOD and the military departments to modify all issuances and guidance (such as directives, instructions, and regulations) to eliminate any flexibilities to the construction standards of new military unaccompanied housing.
Subtitle D--Real Property and Facilities Administration
(Sec. 2851) This section requires DOD to issue guidance for determining the fitness of individuals for access to military installations.
(Sec. 2852) This section allows DOD to make a grant or enter into a cooperative agreement to assist the State of Arkansas with security services and fire protection services at a property previously occupied by the Army and Navy General Hospital.
(Sec. 2853) This section requires DOD to submit to Congress a plan for a standardized system to measure and report on the condition, performance, and other aspects of critical infrastructure systems (including transportation and utilities infrastructure) owned by the federal government and located on military installations.
(Sec. 2854) This section requires the Department of the Army to close the Pueblo Chemical Depot in Colorado within one year after the chemical demilitarization mission in that location is completed in accordance with the Chemical Weapons Convention Treaty.
(Sec. 2855) This section prohibits the Department of the Navy from modifying or restricting public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis in Maryland. The prohibition does not apply to certain temporary restrictions or to the terms of lease or transfer to another public entity.
(Sec. 2856) This section authorizes the Department of the Navy to enter into an agreement with the State of Hawaii or a third party for the purposes of resolving issues related to transferring customers off the Navy’s electrical utility system at the former Naval Air Station Barbers Point.
(Sec. 2857) This section requires DOD to (1) update certain issuances related to real property management and installation master planning to include certain requirements and information related to military installation resilience, and (2) direct each military department to incorporate these requirements and information into their handbooks.
(Sec. 2858) This section eases limitations on an existing DOD authority to relocate the Joint Spectrum Center from Annapolis, Maryland, to Fort Meade, Maryland, or another appropriate location.
Subtitle E--Land Conveyances
(Sec. 2861) This section extends the authority for the Department of the Army to convey Sharpe Army Depot to the Port of Stockton, California, by two additional years.
(Sec. 2862) This section revises the purposes for which the Department of the Air Force may use the Nevada Test and Training Range, located within the Desert National Wildlife Refuge, to include (1) emergency response, (2) the establishment and use of electronic tracking and communications sites along existing roads, and (3) the use and maintenance of existing roads to allow access to threat emitters and repeaters.
This section also revises the responsibilities of an interagency committee to include assessing whether specified Air Force activities may be conducted in the joint operating areas of the Desert National Wildlife Refuge that are under the primary jurisdiction of the Department of the Interior.
(Sec. 2863) This section modifies the land withdrawal for the Barry M. Goldwater Range in Arizona to include additional land in Maricopa County, Arizona, and extends the withdrawal through October 5, 2049.
The section also transfers a patented mining claim from the Department of the Air Force to the Department of the Interior for inclusion in the Cabeza Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness.
(Sec. 2864) This section authorizes the Department of the Navy to purchase or lease from the State of Virginia a designated parcel of property at Westmoreland State Park, Virginia, to support research and development activities for national security purposes.
(Sec. 2865) This section authorizes the Department of the Navy to convey, for fair market value, a designated parcel of property to Colts Neck Township, New Jersey.
(Sec. 2866) This section authorizes the Department of the Air Force to convey, for fair market value, three designated parcels of property to Snohomish County, Washington.
(Sec. 2867) This section authorizes the Department of the Army to convey a parcel of property (the former Wetzel County Memorial Army Reserve Center) to the City of New Martinsville, West Virginia, for the purpose of providing emergency management response or law enforcement services. The United States maintains a reversionary interest in the parcel.
(Sec. 2868) This section authorizes the Department of the Army to convey a parcel of property (the former BG J Sumner Jones Army Reserve Center) to the City of Wheeling, West Virginia, for the purpose of providing emergency management response or law enforcement services. The United States maintains a reversionary interest in the parcel.
Subtitle F--Pilot Programs and Reports
(Sec. 2871) This section extends the authorization of a sustainable building materials pilot program through FY2025 and revises the program to require each military department to carry out one military construction project for mass timber and one for low carbon concrete.
(Sec. 2872) This section extends the authorization of a pilot program for reimbursing the use of Air Force test facilities through December 1, 2027. This section also revises the program by (1) limiting it to Major Range and Test Facility Bases (such bases are part of the core set of DOD test and evaluation infrastructure and associated workforce that must be preserved as a national asset to provide test and evaluation capabilities to support the DOD acquisition system), and (2) giving installation commanders greater control over designating certain costs to be reimbursed by users and greater control over expending reimbursements.
(Sec. 2873) This section authorizes DOD to carry out a pilot program to provide air purification and mold detection sensors to landlords of certain military housing units and to monitor the effects of such sensors on the environmental health and public health of tenants.
(Sec. 2874) This section requires DOD to conduct a joint housing requirements and market analysis for military installations in Hawaii for which such an analysis has not been conducted in the previous three years. (Such an analysis assesses the suitability and availability of the private sector rental housing market using standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of such installation.)
(Sec. 2875) This section requires the Department of the Air Force to provide Congress with quarterly briefings on contracts for below-ground military construction projects and other infrastructure projects related to the development and fielding of the Sentinel intercontinental ballistic missile system program.
Subtitle G--Other Matters
(Sec. 2881) This section increases the maximum amount that the military departments may spend on fees for architectural and engineering services for certain projects (such as public works and utility projects) from 6% to 10% of the estimated project cost.
(Sec. 2882) This section provides statutory authority for the Department of the Navy to enter into a joint venture with the Marine Corps Heritage Foundation for the operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps.
(Sec. 2883) This section makes technical corrections to two provisions of law related to federal lands in Nevada, specifically the Numu Newe Special Management Area and the Fallon Range Training Complex.
(Sec. 2884) This section authorizes the Department of the Army to enter into a cooperative agreement with nonfederal government entities, the Department of the Air Force, or both to provide for management, maintenance, and repair of the Air Force Memorial located at the Arlington Naval Annex site.
(Sec. 2885) This section designates the National Museum of the Mighty Eighth Air Force in Pooler, Georgia, as the official National Museum of the Mighty Eighth Air Force of the United States.
(Sec. 2886) This section requires the Naval Facilities Systems Engineering Command and the Army Corps of Engineers to establish a joint continuing education curriculum for certain individuals responsible for managing military construction projects and planning and design projects, such as program managers and contracting officers.
(Sec. 2887) This section requires each military department to issue guidance with regards to identifying and mitigating activities conducted within close proximity to military installations or U.S. government property that may pose national security risks, affect the mission of the installation, or be incompatible with the installation master plan.
(Sec. 2888) This section extends through March 31, 2030, a required annual report from the Department of the Army to Congress concerning the master plan and investment strategy for each ammunition production facility under the Army’s jurisdiction. This section also revises the required content of the report to include a description of any changes to a master plan made in response to global events, such as pandemics and armed conflict.
(Sec. 2889) This section bars funds authorized to be appropriated under this act or otherwise made available to DOD for FY2024 to be obligated or expended to acquire, construct, plan, or design a new headquarters for the U.S. Space Command until June 30, 2024.
(Sec. 2890) This section requires DOD to submit to Congress a plan to use, transfer, or donate certain construction materials in the possession of the federal government to states on the U.S.-Mexico border for uses including refurbishing and maintaining ports of entry and stopping illicit human and vehicle traffic along the border.
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) This section authorizes FY2024 appropriations for the activities of the National Nuclear Security Administration (NNSA). This section also authorizes five new plant projects.
(Sec. 3102) This section authorizes FY2024 appropriations for Department of Energy (DOE) defense environmental cleanup activities. This section also authorizes a new plant project.
(Sec. 3103) This section authorizes FY2024 appropriations for DOE’s other defense activities.
(Sec. 3104) This section authorizes FY2024 appropriations for DOE’s nuclear energy activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
(Sec. 3111) This section reassigns responsibility for NNSA’s cybersecurity from NNSA’s Office of Defense Nuclear Security to NNSA.
(Sec. 3112) This section reassigns responsibility for responding to nuclear weapons and materials incidents from NNSA’s Office of Defense Programs to NNSA.
(Sec. 3113) This section establishes within NNSA the Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group which shall submit to Congress a comprehensive strategy for assessing and mitigating certain risks to NNSA systems.
(Sec. 3114) This section increases from 800 to 1,200 the maximum number of contracting, program management, scientific, engineering, and technical positions that may be established within NNSA.
(Sec. 3115) This section establishes criminal penalties for those who knowingly and willfully impede the passage of a vehicle of a nuclear materials courier engaged in the transport of specified nuclear materials or data.
(Sec. 3116) This section prohibits NNSA from expanding spaces at Los Alamos National Laboratory (LANL) occupied by the Advanced Recovery and Integrated Extraction System (ARIES), which converts plutonium pits (spheres of plutonium used as the central core of nuclear weapons) into plutonium oxide (which cannot be used for nuclear weapons), until NNSA certifies to Congress that LANL has the capability to produce not less than 30 war reserve plutonium pits per year.
(Sec. 3117) This section requires NNSA to ensure that the plutonium modernization program, or any subsequent program that seeks to increase production of war reserve plutonium pits to required levels, is managed in accordance with GAO’s best practices for schedule development and cost estimating.
(Sec. 3118) This section makes permanent a provision allowing DOE to enter into agreements with any person (including a foreign government, international organization, or multinational entity) under which the person contributes funds for purposes of any programs within NNSA’s Office of Defense Nuclear Nonproliferation.
(Sec. 3119) This section extends through FY2032 a requirement for NNSA to provide briefings and reports to Congress on costs and benefits associated with competition for contracts to manage and operate NNSA facilities.
(Sec. 3120) This section makes permanent a provision allowing for inflation adjustment of the dollar threshold for certain minor construction projects (i.e., any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold).
(Sec. 3121) This section specifically includes in NNSA’s annual unfunded priorities report to Congress programs, activities, and mission requirements that mitigate risk.
(Sec. 3122) This section limits NNSA from broadening the role of NNSA in national biodefense.
(Sec. 3123) This section requires NNSA to annually report to Congress and GAO certain information (such as technology maturity, cost, and schedule) of the Uranium Capabilities Replacement Project at Oak Ridge, Tennessee.
(Sec. 3124) This section specifies that no funds made available to NNSA may be used to conduct research or development related to an advanced naval nuclear fuel system based on low-enriched uranium.
(Sec. 3125) This section specifies that no funds made available to NNSA for FY2024 may be used to reconvert or retire a W76-2 warhead (a low-yield nuclear warhead for a submarine-launched ballistic missile), although NNSA may waive the prohibition under certain circumstances.
(Sec. 3126) This section limits funds made available to the Office of the Administrator for Nuclear Security for FY2024 until the NNSA submits to Congress the spend plan for the warhead associated with a nuclear-capable sea-launched cruise missile.
(Sec. 3127) This section requires (1) the High Explosive Synthesis, Formulation, and Production Facility to begin operations by December 31, 2034; and (2) the Tritium Finishing Facility to begin operations by December 31, 2036.
(Sec. 3128) This section requires NNSA to develop and maintain a milestone schedule document for certain construction projects. The schedule document must be included in the future-years nuclear security program for FY2025 and subsequent fiscal years.
Subtitle C--Other Matters
Nuclear Fuel Security Act of 2023
(Sec. 3131) This section establishes new programs and expands existing programs to increase domestic supplies of certain types of low-enriched uranium (LEU). For example, this section requires DOE to (1) establish a program to increase the production of high-assay LEU (HALEU), and, if needed, LEU, by U.S. nuclear energy companies; (2) expand the existing American Assured Fuel Supply Program to ensure the availability of certain types of uranium from domestic sources or allies in the event of a supply disruption; and (3) establish a demonstration program to make HALEU available from DOE inventories and stockpiles for up to 10 years to meet the needs and schedules of advanced nuclear reactor developers.
(Sec. 3132) This section requires NNSA to issue an updated financial integration policy that includes updated responsibilities for NNSA offices and guidance for how NNNSA offices should use common financial data.
(Sec. 3133) This section requires NNSA to submit to Congress a plan for establishing a domestic enrichment capability sufficient to meet defense requirements for enriched uranium and to annually certify to Congress whether the NNSA is in compliance with this plan.
(Sec. 3134) This section requires the NNSA to provide a briefing to Congress on the status of implementing recommendations set forth in a 2022 report from NNSA.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
(Sec. 3201) This section authorizes FY2024 appropriations for the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
(Sec. 3401) This section authorizes FY2024 appropriations for the naval petroleum reserves.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
(Sec. 3501) This section authorizes FY2024 appropriations for the Department of Transportation (DOT) for programs associated with maintaining the United States Merchant Marine, including the Merchant Marine Academy, state maritime academies, and Maritime Administration (MARAD) operations and programs.
Subtitle B--Maritime Infrastructure
(Sec. 3511) This section expands a DOT grant program to include projects to improve port and port-related infrastructure that support seafood and seafood-related business.
(Sec. 3512) This section revises a grant program for ports with less than 8 million short tons of annual cargo tonnage to require DOT to use independent audit data provided by the applicant if DOT determines such data is a reasonable substitute for Army Corps of Engineer data.
(Sec. 3513) This section requires DOT in FY2024 to treat projects that provide shore power at a port that services both passenger and cargo vessels as eligible for port infrastructure development grants.
(Sec. 3514) This section transfers two provisions of law from previous National Defense Authorization Acts (concerning the port infrastructure development program and certain vessel charters, respectively) to Title 46 of the U.S. Code and makes various technical amendments to provisions in Titles 33 and 46 of the U.S. Code.
Subtitle C--Reports
(Sec. 3521) This section requires reports to Congress on (1) compliance with cargo preference laws, (2) U.S. shipbuilding and repair facilities, (3) port preferences for U.S.-flag vessels, (4) increasing the effectiveness of marine highways, and (5) the availability of federal financial aid for mariner training.
(Sec. 3522) This section requires (1) the United States Transportation Command to submit a report to Congress on the availability of used sealift vessels that may be purchased within five years to meet military requirements, and (2) MARAD and the Department of Labor to jointly report to Congress on domestic U.S. ship scrapping capability and capacity.
(Sec. 3523) This section requires DOT to seek to enter into an agreement with a federally funded research and development center to evaluate how the involvement of foreign state-owned enterprises at the 15 largest U.S. container ports may affect U.S. national and economic security and to report to Congress on the results of this evaluation.
(Sec. 3524) This section requires DOD to report to Congress on the implementation of modifications to a provision generally requiring (1) the use of U.S. vessels in the transport of military supplies by sea, and (2) that certain types of repair and maintenance work on vessels so contracted be performed in the United States.
Subtitle D--Other Matters
(Sec. 3531) This section designates MARAD as the authority to determine the nonavailability of qualified U.S.-flag capacity at fair and reasonable rates needed to justify the waiver of certain cargo preference laws. This section also specifies that such waivers may only be granted for up to 60 days with the possibility of an extension for up to 30 days and the aggregate duration of waivers and extensions with respect to any one set of events may not exceed three months per fiscal year. The section also modifies which vessels qualify as U.S. vessels.
This section prohibits the Coast Guard from enforcing a requirement for two independent escape routes on an overnight fishing charter until April 1, 2024.
(Sec. 3532) This section transfers from DOT to the Department of the Navy responsibility for (1) completion of design of a sealift vessel for the National Defense Reserve Fleet to allow construction of the vessel beginning in FY2025, and (2) seeking to enter into an agreement that would lead to the construction of up to 10 such vessels. This section also limits the expenditure of certain travel funds until the Department of the Navy submits a report to Congress detailing the acquisition strategy for these vessels.
(Sec. 3533) This section requires DOT to develop a training course on the workings of Congress and offer it at least annually to certain MARAD officials and employees.
This section also requires (1) GAO to submit a report to Congress analyzing MARAD staffing, and (2) the Coast Guard to brief Congress on certain housing issues at the Coast Guard Academy.
(Sec. 3534) This section requires MARAD to convene a working group to assess the size of the pool of mariners with the credentials (such as a merchant mariner credential) needed to support the U.S.-flag fleet. This section also provides DOT with authority to withdraw an institution’s designation as a center of excellence for domestic maritime workforce training and education upon discovery of adverse information.
(Sec. 3535) This section requires DOT, when acquiring and procuring vessels in the National Defense Reserve Fleet, to consider life-cycle cost estimates of vessels during the design and evaluation processes.
(Sec. 3536) This section expands a loan guarantee program to cover financing for reconstruction, reconditioning, retrofitting, repair, reconfiguration, or similar work on a vessel in a shipyard located in the United States.
(Sec. 3537) This section requires MARAD to brief Congress twice a year on the status of the national maritime strategy required by law.
DIVISION D--FUNDING TABLES
This division sets forth funding tables that authorize amounts for various projects, programs, and activities.
(Sec. 4001) This section states that the amount specified for a project, program, or activity in a funding table of this division constitutes an authorization to obligate and expend that amount for such project, program, or activity, subject to the availability of appropriations. This section also states that the specified amounts may be transferred or reprogrammed as provided by law.
TITLE XLI--PROCUREMENT
(Sec. 4101) This section sets forth amounts requested and authorized for procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(Sec. 4201) This section sets forth amounts requested and authorized for research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
(Sec. 4301) This section sets forth amounts requested and authorized for operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
(Sec. 4401) This section sets forth amounts requested and authorized for military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
(Sec. 4501) This section sets forth amounts requested and authorized for the National Defense Stockpile Transaction Fund, various working capital funds, chemical agents and munitions destruction, drug interdiction and counterdrug activities, the Office of Inspector General, and the Defense Health Program.
TITLE XLVI--MILITARY CONSTRUCTION
(Sec. 4601) This section sets forth amounts requested and authorized for military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(Sec. 4701) This section sets forth amounts requested and authorized for Department of Energy national security programs.
DIVISION E--OTHER MATTERS
TITLE L--VETERANS AFFAIRS MATTERS
(Sec. 5001) This section raises the threshold above which a project for the construction, alteration, or acquisition of a medical facility of the Department of Veterans Affairs (VA) is considered a major medical facility project. Under existing law, each major medical facility project must be specifically authorized by law. The section increases the threshold from $20 million to $30 million and authorizes the VA to annually adjust the amount to account for increased construction costs. If there is no percentage increase in construction costs for a calendar year, the VA may not adjust the amount.
(Sec 5002) This section repeals the authority of the VA to provide flat grave markers at Santa Fe National Cemetery and requires the VA to report on the cost of replacing the previously authorized flat grave markers with upright grave markers.
(Sec. 5003) This section requires the VA to establish a formal process to annually analyze, based on identified processing error trends, the training needs of VA employees who review claims for disability compensation for post-traumatic stress disorder (PTSD). The VA must also establish, to help guide the training analysis process, a formal process to conduct annual studies on military PTSD stressors and decision-making claims for claims processors.
TITLE LI--JUDICIARY MATTERS
(Sec. 5101) This section establishes a new federal criminal offense for foreign officials who demand bribes.
Preventing Child Sex Abuse Act of 2023
(Sec. 5102) This section makes changes to the federal law prohibiting child sexual tourism. Among the changes, it revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct; establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through that individual's connection to or affiliation with the organization; and specifies that the term sexual activity for which any person can be charged with a criminal offense does not require interpersonal physical contact.
(Sec. 5103) This section grants a federal charter to the National American Indian Veterans Inc., which is a nonprofit corporation organized in the United States.
The section sets forth provisions regarding the membership, powers, duties, and reporting requirements of the corporation.
The section also includes restrictions related to issuance of stock or dividends, distribution of income or assets, and distribution of loans.
(Sec. 5104) This section creates an exception to the numerical cap that otherwise applies to special immigrant visas designated for current or former U.S. government employees abroad (including employees of the American Institute in Taiwan). Instead, in FY2024 up to 3,500 such visas may be issued to such current or former U.S. government employees abroad and 3,000 in each subsequent year.
TITLE LII--OVERSIGHT AND ACCOUNTABILITY MATTERS
(Sec. 5201) This section authorizes an additional 50% overtime payment for overtime hours worked by Border Patrol agents who are at grade GS-12 of the General Schedule. (Currently, Border Patrol agents receive an overtime supplement for scheduled overtime, but certain overtime hours worked, such as unscheduled overtime hours, are compensated exclusively with compensatory time off.)
TITLE LIII--FEDERAL DATA AND INFORMATION SECURITY
Federal Data Center Enhancement Act of 2023
(Sec. 5302) This section modifies requirements relating to federal agency data centers. Specifically, the Office of Management and Budget (OMB) must establish minimum requirements for new data centers, including regarding (1) the availability and use of new data centers; (2) uptime percentage; (3) protections against power failures, physical intrusions, and natural disasters; and (4) information security protections.
OMB must issue guidance to ensure that covered agencies incorporate the minimum requirements into current data centers.
In determining whether to establish a new data center or continue to operate an existing data center, an agency must (1) ensure that each at-risk legacy application is updated, replaced, or modernized; and (2) prioritize and leverage commercial data center solutions, including cloud environments.
TITLE LIV--FOREIGN AFFAIRS MATTERS
This title sets policy for various matters related to relations with foreign countries. This includes (1) global corruption; (2) human rights abuses related to the mining of critical materials; (3) national security cooperation with Micronesia, the Marshall Islands, and Palau; (4) development level designations in international organizations; and (5) permits for international bridges in Texas.
Subtitle A--Combating Global Corruption
Combating Global Corruption Act
(Sec. 5403) This section requires the State Department to evaluate and annually publish a list of countries that are sustaining or making good progress on anti-corruption efforts. The State Department must also submit to Congress a classified list of countries that are failing to combat corruption.
(Sec. 5404) This section specifies the minimum standards for the elimination of corruption. These include (1) enacting and implementing laws and practices that prohibit corruption, (2) enforcing anti-corruption laws, (3) prescribing punishment for significant corruption, and (4) making serious and sustained efforts to address corruption.
(Sec. 5405) This section states that the State Department should evaluate, for the purpose of potential imposition of sanctions, whether there are certain foreign persons engaged in significant corruption. The State Department shall submit periodic reports to Congress on such persons.
(Sec. 5406) The State Department shall designate an anti-corruption point of contact at each U.S. diplomatic post in each country identified as having failed to meet anti-corruption standards.
Subtitle B--Other Matters
(Sec. 5411) The State Department shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses related to the mining and sourcing of critical materials.
Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Act of 2023 or the CONVENE Act of 2023
(Sec. 5412) This section authorizes the State Department to consult and engage with national security councils in Micronesia, the Marshall Islands, and Palau.
The consultation and engagement activities shall include (1) prosecution and investigation of transnational criminal enterprises; (2) responses to national emergencies, such as natural disasters; (3) counterintelligence and countercoercion responses to foreign threats; and (4) efforts to combat illegal fishing.
(Sec. 5413) This section requires the State Department to (1) pursue changing China's status from developing nation to developed nation in international organizations if a mechanism exists to make such a change, or (2) propose a new mechanism to make such a change. (Generally, international organizations provide developing nations certain rights and beneficial treatment.) World Trade Organization (WTO) agreements are exempt from this requirement.
The State Department must also report to Congress on (1) current treaty negotiations where China is participating that concern various development status designations, and (2) international organizations with U.S. membership that provide different treatment or standards based on respective development status. The Office of the U.S. Trade Representative shall report to Congress on WTO agreements that provide for special and differential treatment based on self-declared development status.
(Sec. 5414) This section provides statutory authority for the process of permitting certain international bridges in Texas. The President shall grant or deny the permit within 60 days of a required State Department recommendation on the application. Applicants are not required to have completed an environmental review prior to submission of an application.
TITLE LV--EDUCATION AND WORKFORCE MATTERS
Beryllium Testing Fairness Act
(Sec. 5501) This section modifies the Energy Employees Occupational Illness Compensation Program, which provides compensation and medical benefits to atomic weapons employees who were diagnosed with specified medical conditions related to exposure to toxic substances at certain nuclear facilities. Specifically, the section expands the type of test results that may be used to establish beryllium sensitivity for purposes of the program to include three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of three years.
It also extends the Advisory Board on Toxic Substances and Worker Health by five years so that it terminates on December 19, 2029.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE MATTERS
(Sec. 5601) This section extends until September 30, 2024, prohibitions on providing certain airport improvement grant funds to entities that (1) are owned, directed, or subsidized by China; and (2) have violated intellectual property rights.
(Sec. 5602) This section establishes requirements to address wastewater from the International Outfall Interceptor (IOI), which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona.
The section transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission (IBWC). IBWC must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico. The section also limits tort claims arising from the IBWC's activities, including any claim arising from damages that result from overflow of the IOI due to excess inflow originating from Nogales, Mexico.
IBWC must also seek to negotiate with Mexico for a new or modified Treaty Minute 227 to address
The section also directs IBWC to report on certain issues concerning the Nogales sanitation project.
It also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.
(Sec. 5603) This section prohibits the Coast Guard from cooperating with a state sponsor of terrorism or foreign terrorist organization when assessing anti-terrorism security measures at a foreign port. It also requires the Coast Guard to apply sanctions to a port controlled by a state sponsor of terrorism.
In addition, the section specifies that the Coast Guard may not (1) adopt a port security assessment conducted by a state sponsor of terrorism, or (2) enter into an agreement with a state sponsor of terrorism or foreign terrorist organization to assess a port's security measures or share information related to such an assessment.
If a port is under the jurisdiction of a state sponsor of terrorism, then the Coast Guard must deem the port to not have effective anti-terrorism measures and apply certain sanctions, such as requiring vessels arriving from the port to meet certain conditions for entry into the United States.
TITLE LVII--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
Architect of the Capitol Appointment Act of 2023
This title modifies procedures for appointing and removing the Architect of the Capitol (who is responsible for the operation and care of the Capitol grounds, facilities, and art).
(Sec. 5702) This section establishes a bipartisan congressional commission to, by majority vote, appoint, reappoint, or remove the Architect. (Currently, the Architect is appointed by the President and confirmed by the Senate.)
The Architect shall be appointed for a 10-year term and may be reappointed for additional 10-year terms.
(Sec. 5703) This section specifies procedures related to the appointment of the Deputy Architect of the Capitol. Specifically, the Architect must appoint a deputy within 120 days of that Architect's appointment or a vacancy in the deputy position. If the Architect fails to appoint a deputy within that time, the commission must appoint one. The Architect must also immediately notify the commission if the deputy position is vacant.
(Sec. 5704) This section provides that the Deputy Architect must serve as acting Architect in the event the Architect is absent, disabled, or otherwise unavailable. The section also requires the commission to appoint an acting Architect if there are vacancies in both the Architect and Deputy Architect positions.
TITLE LVIII--FINANCIAL SERVICES MATTERS
Sec. 5801 requires the Department of the Treasury to submit to specified congressional committees an assessment of gifts and grants (e.g., financial contributions, scholarships, and contracts) to U.S. institutions of higher education (IHEs) from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control. This assessment must include an estimate of (1) a list and description of each of the gifts and grants provided to U.S. IHEs by these entities, and (2) the monetary value of each of those gifts and grants.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Department of State Authorization Act of 2023
This division authorizes FY2024 appropriations and sets forth policies for Department of State programs and activities.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
This title sets policy for U.S. passports, certain aspects of State Department personnel assignments, and diplomatic security programs.
(Sec. 6101) This section authorizes the State Department, in the three years after this bill’s enactment, to directly appoint up to 80 candidates under a special hiring authority to positions in the competitive (civil) service for passport and visa examining.
(Sec. 6102) The State Department must periodically report to Congress on passport wait times and efforts to reduce those wait times.
(Sec. 6103) This section requires the State Department to place certain travel advisory information on the first three pages of U.S. regular passports, such as a reminder that many countries deny entry to travelers during the last six months of their passport validity period.
(Sec. 6104) The State Department must submit to Congress a strategy on reducing passport processing time and providing urgent in-person passport services.
(Sec. 6105) The GAO must review National Passport Information Center operations and customer service.
(Sec. 6106) This section states that the State Department should modernize the online passport application tool, including to provide step by step updates on the status of passport applications.
(Sec. 6107) The State Department must annually report to Congress on the number of incoming authentication requests and the time taken to authenticate documents.
(Sec. 6108) The State Department shall publish and update quarterly the estimated time for processing passport applications on the department’s relevant websites.
(Sec. 6109) The State Department may designate certain individuals to serve as passport acceptance agents.
(Sec. 6110) The State Department must take steps to ensure that each individual holding a valid U.S. passport is notified of passport expiration at least one year in advance.
(Sec. 6111) This section requires the State Department to compare and use the best commercially available technology from the private sector to develop the department’s online passport renewal program.
(Sec. 6112) The State Department shall develop a process to accept electronic payment for fees associated with passport applications.
(Sec. 6113) This section requires the State Department to seek to reach agreements with foreign countries to accept U.S. passports that are within six months of expiration.
First Responders Passport Act
(Sec. 6114) This section authorizes the State Department to waive passport fees for an individual operating under a contract, grant, or cooperative agreement with the U.S. government, including a volunteer, to travel abroad after a natural disaster to aid a foreign country suffering from the natural disaster.
(Sec. 6115) This section establishes a right for State Department employees to appeal assignment-related decisions, including denials of an assignment based on a restriction or preclusion. This right to appeal shall be the same as the right of an employee to appeal a denial or revocation of a security clearance.
The section also establishes various requirements related to assignments and denials, such as requiring the State Department to (1) notify its personnel of assignment request denials due to assignment restrictions, (2) establish reasonable time lines to complete adjudications of ongoing assignment reviews, and (3) establish a security appeal panel for those denied an assignment due to an assignment restriction.
(Sec. 6116) This section requires the State Department to ensure that all foreign language instructors at the Foreign Service Institute are subject to suitability reviews and background investigations. The section also requires the State Department to conduct continuous vetting or reinvestigations for those personnel.
(Sec. 6117) This section authorizes the State Department to establish diplomatic security fellowship programs to provide grants to post-secondary school students who commit to pursuing a career in diplomatic security.
TITLE LXII--PERSONNEL MATTERS
This title sets policy for personnel hiring, promotion practices, and pay and benefits for employees of the State Department.
Subtitle A--Hiring, Promotion, and Development
(Sec. 6201) This section modifies the precepts for State Department selection boards for promotion to include, for example (1) experience with multilateral institutions, (2) willingness to serve in hardship posts, (3) experience regarding emerging technologies, and (4) willingness to participate in and encourage subordinates to participate in professional development opportunities.
(Sec. 6202) This section authorizes the State Department, in the three years after this bill's enactment, to directly appoint up to 80 candidates under a special hiring authority to positions in the competitive civil service relating to (1) data science, (2) information technology, and (3) human resources management.
(Sec. 6203) The State Department may appoint up to 25 paid student interns directly to positions in the competitive civil service up to two years after completion of the internship.
(Sec. 6204) This section extends the duration of the State Department Lateral Entry Pilot Program, a program targeting midcareer individuals from the civil service and private sector with valuable skills and experience for appointment to the Foreign Service for two years. The section also requires the State Department to include no fewer than 30 participants in the program each year and not to use Foreign Service-limited or other noncareer Foreign Service hiring authorities in the program.
(Sec. 6205) This section authorizes the State Department to establish a midcareer mentoring program for certain members of the Foreign Service.
(Sec. 6206) The State Department shall submit a report to Congress on certain aspects of the Foreign Service Institute’s Language Program.
(Sec. 6207) This section requires the State Department to provide an annual list to the President of 5-10 career civil servants serving at the State Department or the U.S. Agency for International Development (USAID) who are qualified to serve as chiefs of mission.
(Sec. 6208) This section requires the State Department to establish a program to provide qualified civil servants at the State Department opportunities to serve at a U.S. embassy.
(Sec. 6209) The State Department shall submit a report to Congress quarterly listing each chief of mission (or equivalent) who was granted approval to be outside their country of assignment for purposes other than official business.
(Sec. 6210) The State Department shall report periodically to Congress on the Foreign Service cone of each current chief of mission and deputy chief of mission in the Foreign Service.
(Sec. 6211) This section requires the State Department to take a number of actions regarding the reporting and resolution of allegations of discrimination and harassment, such as conducting various surveys relating to such issues.
Furthermore, if an employee has made allegations of discrimination or harassment against the superior responsible for reviewing the performance of the employee, the employee shall instead be reviewed by the superior's supervisor or another department employee.
(Sec. 6212) The State Department shall submit a strategy to Congress that assesses the potential benefits and costs of a national advertising campaign to improve State Department civil service and foreign service recruitment.
(Sec. 6213) This section authorizes the State Department and USAID to increase the number of diplomats in the Diplomats in Residence Program.
Subtitle B--Pay, Benefits, and Workforce Matters
(Sec. 6221) State Department employees on leave to perform uniformed service may receive an education allowance if the employee would be eligible for an allowance if not for such service.
(Sec. 6222) This section requires the State Department to seek to increase the number of personnel in the Bureau of Medical Services to address mental health needs.
(Sec. 6223) This authorizes the State Department and USAID to provide for unanticipated nonmedical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness for employees and their family members.
(Sec. 6224) The State Department is authorized to pay for air transportation for department personnel by foreign air carriers if (1) no domestic carrier is willing and able to transport up to three domestic animals (dogs or cats), and (2) at least one of the departure or arrival locations is outside the United States.
(Sec. 6225) This section authorizes the State Department to pay for internet service in U.S. government owned or leased residences in foreign countries for use by department personnel where the post hardship differential is equivalent to 30% or more above basic compensation.
(Sec. 6226) This section requires the State Department to establish and implement a prevailing wage rates goal for local compensation positions every three years. Current law requires the update periodically.
(Sec. 6227) This section requires the State Department to adopt policies and procedures to facilitate the assignment of tandem Foreign Service personnel (generally, couples where both spouses are career or career-candidate Foreign Service employees) to the same diplomatic post or country.
The section also requires the State Department to update anti-nepotism policies so that such rules apply only when an employee and a relative are placed in positions where they jointly and exclusively control government resources or establish government policy.
(Sec. 6228) The State Department shall submit a report to Congress on efforts to make U.S. diplomatic missions accessible to individuals with disabilities.
(Sec. 6229) The State Department shall submit a report to Congress on efforts to equip 100% of U.S. embassies and consulates with lactation spaces.
(Sec. 6230) The State Department must assess the effectiveness of knowledge transfers between arriving and departing Foreign Service officers at overseas posts, make recommendations for improvement, and report results to Congress.
(Sec. 6231) State Department employees located in a U.S. territory where available schools are unable to adequately provide education for dependents are eligible for a cost-of-living allowance for the education of their dependents.
(Sec. 6232) Employees of the Diplomatic Security Service conducting protective services may receive premium pay in excess of the currently applicable limit for official overtime ordered or approved.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
This title sets policy regarding State Department information technology, information security, and data fluency.
(Sec. 6301) This section expresses the sense that readily available data is key to informed decision making and diplomacy and should be considered a strategic asset. The State Department should prioritize hiring top data science talent and strengthen data fluency among its workforce.
(Sec. 6302) This section requires the State Department to establish a bureau chief data officer program. The program's goals shall include promoting data fluency across the State Department and increasing the use of data analytics in critical decision-making areas.
(Sec. 6303) This section establishes in the State Department a Senior Executive Service position for Chief Artificial Intelligence Officer.
(Sec. 6304) The State Department’s Chief Information Officer shall be consulted on all decisions to approve or disapprove significant new unclassified information technology expenditures, including software, of the department in order to enhance efficiency, among other goals. The Chief Information Officer must develop a strategy to implement such goals and develop policies to improve information technology services.
(Sec. 6305) This section expresses the sense that enterprise-wide governance regarding budget and finance, information technology, and data management across the State Department is necessary to better align resources to strategy.
(Sec. 6306) This section authorizes the State Department to establish a Digital Connectivity and Cybersecurity Partnership program with foreign countries. The program's duties shall include helping foreign countries (1) expand and increase secure internet access and digital infrastructure in emerging markets; (2) adopt policies that foster open, interoperable, and secure internet; and (3) access U.S. exports of information and communications technology products and services.
(Sec. 6307) This section authorizes the State Department to establish a fund and provide assistance to foreign governments and organizations for cyberspace activities, cyber protection, and the development of technology standards that reinforce human rights and democratic values.
(Sec. 6308) This section requires the State Department to offer cyber protection support for personal technology devices and personal accounts of at-risk personnel.
(Sec. 6309) The State Department shall implement the GAO’s High Risk List recommendations as applicable to the department for (1) improving the management of information technology acquisitions and operations, (2) improving strategic human capital management, (3) managing federal real property, (4) ensuring the cybersecurity of the nation, and (5) managing the government-wide personnel security clearance process.
TITLE LXIV--ORGANIZATION AND OPERATIONS
This title sets policy on State Department organization, special envoys, and funding of travel for families of wrongfully detained U.S. citizens.
(Sec. 6401) This section authorizes the State Department to enter into contracts for up to 100 personal services contractors at any given time to respond to exigent circumstances and urgent crises abroad.
(Sec. 6402) The State Department shall report to Congress on (1) efforts to develop new incentives for hard-to-fill positions at diplomatic missions, and (2) a study on the feasibility of allowing first-tour Foreign Service generalists in non-consular cones who are directed for a consular tour to volunteer for reassignment at hard-to-fill posts in understaffed regions.
(Sec. 6403) The State Department shall report to Congress with recommendations on the long-term structure and management of the Office of Civil Rights.
(Sec. 6404) The State Department’s Crisis Management and Strategy Office shall (1) conduct, maintain, and update contingency plans for posts and regions experiencing or vulnerable to conflict or emergency conditions, and (2) conduct crisis response efforts led by an individual with significant experience responding to prior crises.
(Sec. 6405) This section requires the President to appoint a special envoy to the Pacific Islands Forum.
(Sec. 6406) This section requires the President to appoint a special envoy for Belarus.
(Sec. 6407) This section requires the President to appoint a Special Presidential Envoy for the Abraham Accords, Negev Forum, and Related Integration and Normalization Fora and Agreements.
(Sec. 6408) The State Department shall report to Congress on current special appointment positions that do not exercise significant authority and certain excepted service positions at U.S. diplomatic missions.
(Sec. 6409) This section requires the State Department to fund travel to and from Washington, DC, through 2027 for family members of U.S. nationals unlawfully or wrongfully detained abroad and certain others to facilitate meetings with officials. The section also requires the State Department to make available support, including mental health services, to individuals unlawfully or wrongfully detained abroad and their family members.
(Sec. 6410) This section requires the State Department to establish an annual departmental award for any exemplary employee who recommends, identifies, or adopts significant cost-saving measures.
TITLE LXV--ECONOMIC DIPLOMACY
This title sets policy for State Department activities in support of U.S. economic interests abroad.
(Sec. 6401) This section requires the State Department to report to Congress on the recruitment, retention, and promotion of economic officers in the Foreign Service.
(Sec. 6402) This section requires the State Department, as part of its regularly scheduled review on metrics and performance measures, to include revisions of performance measures for economic and commercial diplomacy by identifying outcome-oriented rather than process-oriented performance metrics.
(Sec. 6503) This section establishes policies regarding deal teams in U.S. embassies and consulates.
(Sec. 6504) The State Department shall establish a Deal Team of the Year Award to recognize outstanding achievements in supporting U.S. companies pursuing commercial deals abroad.
TITLE LXVI--PUBLIC DIPLOMACY
This title sets policy for the U.S. Agency for Global Media and for State Department and USAID public diplomacy activities.
(Sec. 6601) This section requires public affairs sections at U.S. embassies and USAID mission program officers abroad to coordinate and prioritize resources for public diplomacy campaigns, including through new media technology and comprehensive community outreach.
(Sec. 6602) This section rescinds certain restrictions on the use of grant funds by Radio Free Europe/Radio Liberty. For example, the section rescinds restrictions on (1) salary and compensation in excess of the rates paid to comparable federal positions, (2) severance payments for voluntary separation, and (3) compensation of freelance contractors without the approval of the U.S. Agency for Global Media.
(Sec. 6603) The U.S. Agency for Global Media shall report to Congress on the resources required to establish a Radio Free Africa and a Radio Free Americas.
(Sec. 6604) This section establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright Educational Exchange Program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and advance U.S. foreign policy priorities by promoting studies, research, and international exchange on the subject of nonviolent civil rights movements around the world.
(Sec. 6605) The State Department shall develop a strategy to explain to the American people the value of the work of the department and the importance that U.S. foreign policy plays in advancing the national security of the United States.
(Sec. 6606) The State Department shall submit a strategy to Congress for (1) modernizing and increasing the operational and programming capacity of American Spaces and American Corners, (2) providing salaries to locally employed staff of American Spaces and American Corners, and (3) providing opportunities for American businesses and nongovernmental organizations to better utilize American Spaces.
American Spaces are the U.S. government’s primary public cultural and information centers abroad that provide free and open access for communities worldwide interested in learning more about the United States. American Corners are partner locations, often in national libraries or on university campuses.
TITLE LXVII--OTHER MATTERS
This title sets policy for various State Department activities, such as grant programs, human rights reports, and interaction with certain Southeast Asian and European multilateral organizations.
(Sec. 6701) This section authorizes the State Department to bolster efforts to increase the number of higher education students and recent graduates occupying positions in international organizations, including by awarding grants to educational institutions or students.
(Sec. 6702) This section requires the State Department to establish training courses on (1) diplomacy at international and multilateral institutions, and (2) broad-based multilateral negotiations.
(Sec. 6703) The State Department must submit to Congress a report regarding the opportunities and costs of infrastructure projects in Middle East, African, Latin American, and Caribbean countries. The report must describe U.S. infrastructure investments in these regions and Chinese infrastructure investments.
(Sec. 6704) The State Department shall conduct a review and report to Congress on all special envoy positions.
(Sec. 6705) This section authorizes the State Department to enter into a public-private partnership to establish a U.S.-Association of Southeast Asian Nations (ASEAN) center to support U.S. economic and cultural engagement with Southeast Asia.
(Sec. 6706) This section expresses the sense that the State Department should provide regular updates to Congress on the deliverables and policy initiatives announced at United States-European Union Trade and Technology Council ministerial meetings.
(Sec. 6707) This section requires the State Department to review the production of country reports on human rights practices and requires information on transnational repression to be included in those reports. The section also eliminates the requirements for certain obsolete reports.
(Sec. 6708) This section extends, for two years, a limitation on the amount the State Department may pay from appropriated funds for a piece of art to be displayed in an embassy, consulate, or foreign mission.
(Sec. 6709) This section authorizes the State Department to establish the Institute for Transatlantic Engagement. Its purpose shall be to strengthen national security by highlighting, to a geographically diverse set of populations from the United States, Canada, and European nations, the importance of the transatlantic relationship and the threats posed by adversarial countries, such as Russia and China, to democracy, free-market economic principles, and human rights.
(Sec. 6710) The State Department must notify Congress when the State Department suspends or revokes the security clearance of an individual holding (1) the position of Assistant Secretary or higher, (2) the position of chief of mission or principal officer at any diplomatic or consular post, (3) the rank and status of ambassador, or (4) a position that reports directly to the Secretary of State.
DIVISION G--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Intelligence Authorization Act for Fiscal Year 2024
(Sec. 7002) This section provides definitions of congressional intelligence committees and intelligence community.
(Sec. 7003) This section specifies that the explanatory statement printed in the Congressional Record regarding this division shall have the same effect with respect to implementation as if it were a joint explanatory statement of a committee of conference.
TITLE I--INTELLIGENCE ACTIVITIES
(Sec. 7101) This section authorizes FY2024 appropriations for intelligence and intelligence-related activities.
(Sec. 7102) This section specifies that amounts authorized to be appropriated for intelligence activities are specified in a classified schedule of authorizations and that this schedule shall be made available to the Committees on Appropriations and the President.
(Sec. 7103) This section authorizes FY2024 appropriations for the Intelligence Community Management Account.
(Sec. 7104) This section authorizes increases in FY2024 appropriations as necessary to pay for increases in federal employee compensation and benefits authorized by law.
(Sec. 7105) This section specifies that this division’s authorization of appropriations does not constitute authority for the conduct of intelligence activities not otherwise authorized by law or the Constitution.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
(Sec. 7201) This section authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
(Sec. 7301) This section requires the Office of the Director of National Intelligence (ODNI) to submit to Congress a plan to recruit, train and retain personnel with skills and experience in financial intelligence and emerging technologies for the intelligence community (IC). (There are 18 component organizations within the IC.)
(Sec. 7302) This section requires ODNI to implement a policy and performance framework (including processes related to human resources, medical reviews, and determinations of suitability or eligibility for access to classified information) to ensure the timely and effective mobility of federal employees and contractors who transfer employment between elements of the IC.
(Sec. 7303) This section revises the functions of the National Counterintelligence and Security Center to specify that one function is the development of standards and criteria for counterintelligence risk assessments and surveys of U.S. vulnerability to intelligence threats, including with respect to critical infrastructure and critical technologies.
(Sec. 7304) This section requires the elements of the IC to provide written notice regarding post-employment restrictions and reporting requirements at the time an individual occupies certain intelligence positions involving exceptionally sensitive matters.
(Sec. 7305) This section specifies that the mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for U.S. government counterintelligence activities by integrating instruments of national power as needed to counter foreign intelligence activities.
(Sec. 7306) This section requires the head of each element of the IC to provide a cost estimate for the implementation of Executive Order 13556 (which concerns managing unclassified information that requires safeguarding or dissemination controls).
(Sec. 7307) This section requires ODNI to prescribe binding personnel policies and programs that (1) require rotation of personnel to national intelligence centers and between elements of the IC during their careers, and (2) ensure compliance with the requirement that service in more than one element of the IC is a condition for promotion to certain positions.
(Sec. 7308) This section requires ODNI to perform various actions (such as conducting assessments, providing guidance, and identifying gaps and resource needs) related to countering insider threats.
(Sec. 7309) This section moves the day by which ODNI must submit a copy of the most recently updated National Intelligence Priorities Framework to Congress from October 1 to March 1 of each year.
(Sec. 7310) This section prohibits the IC Chief Information Officer or a chief information officer of any IC element from concurrently serving as the IC Chief Data Officer and as chief data officer of any IC element.
(Sec. 7311) This section expands a special pay authority for science, technology, engineering, and mathematics positions to include positions requiring banking or financial services expertise (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments). The section limits the number of individuals who may receive this special pay in each IC element.
(Sec. 7312) This section specifies that the head of each IC element must prepare the annual report to the ODNI and to Congress about the unfunded priorities of that element.
(Sec. 7313) This section requires any legislative provisions ODNI proposes to include as part of the annual intelligence authorization act to be submitted to Congress no later than 45 days after submission of the President’s budget request.
(Sec. 7314) This section requires ODNI to annually submit to Congress a report detailing all congressionally mandated reporting requirements applicable to ODNI for the upcoming fiscal year.
(Sec. 7315) This section requires ODNI to notify Congress of actual or potential significant disclosure or compromise of classified national security intelligence. In the event of an actual compromise or disclosure, this section also requires ODNI or the IC element from which the compromise or disclosure originated to initiate a damage assessment and periodically report certain information to Congress.
(Sec. 7316) This section expands eligibility to receive in-state tuition rates at public institutions of higher education to IC officers and employees in the state where they are domiciled or permanently stationed. Such individuals must serve in a position of employment for more than 30 days to be eligible. Their spouses and dependent children are also eligible for in-state tuition rates.
(Sec. 7317) This section repeals a law requiring a study of the skills, recruitment, and retention of personnel at the national laboratories who carry out projects under the Strategic Intelligence Partnership Program (a mechanism by which DOE provides highly specialized scientific and technical services and products to non-DOE elements of the IC and other agencies for intelligence and intelligence-related activities).
(Sec. 7318) This section requires ODNI to seek to enter into an agreement with the Department of Agriculture to establish an Intelligence Community Counterintelligence Office within the department’s headquarters. The responsibilities of this office include ensuring that counterintelligence threat information is provided to appropriate departmental personnel. This section also repeals a law requiring the Federal Bureau of Investigation (FBI) to establish a counterintelligence unit at the Department of Agriculture.
(Sec. 7319) This section changes the termination date for the Climate Security Advisory Council from December 31, 2025, to December 31, 2024.
(Sec. 7320) This section requires that the budget justification books for the National Intelligence Program for FY2025 through FY2027 include as a special topic the aggregate amount of funding requested for counternarcotics as well as certain specified information.
(Sec. 7321) This section requires ODNI to (1) submit a plan to Congress to make unclassified open-source intelligence products developed by the IC available to certain federal employees who are not part of the IC, and (2) update an IC directive to address the production and dissemination of unclassified open-source intelligence products.
(Sec. 7322) This section requires ODNI to issue and submit to Congress an IC-wide policy regarding prepublication review.
(Sec. 7323) This section requires the Office of the IC Inspector General (IC IG) to review the policies and procedures governing the confidential human sources program of the FBI and the FBI’s compliance with such policies and procedures.
(Sec. 7324) This section prohibits the funds authorized to be appropriated by this division being made available to DHS’s Office of Intelligence and Analysis to conduct certain activities under the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, such as any collection targeting journalists in the performance of journalistic functions. This section also requires the IC IG to conduct an assessment of these two programs, including whether they are legally authorized and whether they have provided valuable insights on national and DHS intelligence priorities.
(Sec. 7325) This section states it is the sense of Congress that the trafficking of illicit fentanyl (including precursor chemicals, manufacturing equipment, and organizations involved in such trafficking) originating in China or Mexico should be among the highest priorities of the National Intelligence Priorities Framework.
(Sec. 7326) This section requires ODNI to submit a report to Congress annually for three years on civilian casualties caused by operations of foreign governments, involving the use of force, and in which intelligence shared by an IC element played a significant role.
(Sec. 7327) This section repeals or modifies several reporting and other statutory requirements. For example, this section (1) repeals a requirement for the National Intelligence University to notify Congress of any modification or redesignation of existing degree granting authority, and (2) terminates a requirement for ODNI to publish on its website a list of logos and other markings of foreign terrorist organizations.
Subtitle B--Central Intelligence Agency
(Sec. 7331) This section modifies the penalties the Central Intelligence Agency (CIA) may impose for violations of certain rules or regulations that occur within CIA installations and protected property. This section replaces a maximum penalty of a fine or up to 30 days imprisonment, or both, with the maximum penalty of up to six months imprisonment.
(Sec. 7332) This section revises a statute concerning procurement authorities that the CIA is authorized to use to account for the repeal or renumbering of the provisions referenced in the statute.
(Sec. 7333) This section requires the CIA Office of Inspector General (OIG) to submit to Congress quarterly summaries through FY2027 of engagements between CIA employees and the OIG during that quarter, including identifying allegations made about harassment, questionable intelligence activities, and other topics.
(Sec. 7334) This section requires the CIA to maintain the Benjamin Tallmadge Institute as the primary CIA entity for education and training related to counterintelligence. This section also specifies certain courses the institute must develop and provide.
(Sec. 7335) This section requires the CIA to submit to Congress an intelligence assessment on the Sinaloa and Jalisco cartels, including descriptions of key leaders, organizational structures, and practices used to smuggle synthetic drugs into the United States.
(Sec. 7336) This section requires the CIA to submit to Congress an intelligence assessment on China’s efforts to increase its influence in specified Middle Eastern and North African countries in ways that are detrimental to U.S. national security interests, including a description of the relationship between China and Iran.
(Sec. 7337) This section requires the CIA to assess the availability to CIA employees of mental health professionals and chaplains with appropriate security clearance.
(Sec. 7338) This section requires the CIA to assess the current effects on the IC of the Abraham Accords (U.S.-brokered agreements in 2020 and 2021 to normalize or improve Israel’s relations with the United Arab Emirates, Bahrain, Morocco, and Sudan) and the potential effects on the IC if the Abraham Accords were expanded to include additional countries.
(Sec. 7339) This section addresses sexual harassment and sexual assault within the CIA, including through (1) training, standards, policies and procedures; (2) reporting and investigation; and (3) appointment of a special victim investigator, whose duties include conducting internal inquiries, investigations, and other fact-finding activities related to allegations of sexual harassment or sexual assault.
Subtitle C--Matters Relating to Defense Intelligence and Overhead Architecture
(Sec. 7341) This section specifies that an annual report to Congress on unidentified anomalous phenomena (UAP) shall be submitted by the All-domain Anomaly Resolution Office rather than jointly by ODNI and DOD.
(Sec. 7342) This section requires the Defense Intelligence Agency to submit an assessment to Congress on the level of intelligence and defense cooperation between each of the countries of the Caribbean and Latin America and Russia and China.
(Sec. 7343) This section bars the funds authorized or otherwise made available by this division from being used to support any activity involving UAP and protected by special access or restricted access limitation unless ODNI has provided the details of such activity to Congress.
Subtitle D--Matters Relating to National Security Agency, Cyber, and Commercial Cloud Enterprise
(Sec. 7351) This section requires the National Security Agency to notify Congress within 30 days of intelligence collection adjustments, which include U.S. government policy changes related to intelligence collection or prioritization that result in a significant loss of intelligence.
(Sec. 7352) This section requires each IC element that owns or operates a national security system (certain information systems, including those used for intelligence activities, cryptologic activities related to national security, and command and control of military forces) to submit a plan to Congress detailing the costs and schedule requirements necessary to meet all of the cybersecurity requirements for national security systems by the end of FY2026.
(Sec. 7353) This section requires IC elements, upon request by the cross-functional team established to address issues related to anomalous health incidents (i.e., unusual cognitive and neurological impairments incurred by government personnel while on assignment, particularly abroad, the source of which is currently under investigation), to provide access to any information potentially relevant to the duties of the team including intelligence reporting, analysis, and finished intelligence products. This section also requires specified IC elements to detail or assign personnel to the team.
(Sec. 7354) This section requires the CIA to submit quarterly notifications to Congress with specified information regarding the November 2020 contract for commercial cloud services for the intelligence community.
(Sec. 7355) This section requires each IC element to semiannually submit specified information to Congress for any sole source task order awarded by such element under the November 2020 contract for commercial cloud services for the intelligence community.
(Sec. 7356) This section requires ODNI to (1) conduct a comprehensive analysis of the commercial cloud initiatives of the IC relating to the November 2020 contract for commercial cloud services, and (2) provide a briefing to Congress on the analysis.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
(Sec. 7401) This section requires ODNI to designate a senior official to serve as the intelligence community coordinator for accountability of China's atrocities (i.e., crimes against humanity, genocide, or war crimes committed by certain persons affiliated with China’s government, military, security services or the Chinese Communist Party).
(Sec. 7402) This section requires ODNI to establish an interagency working group within the IC to analyze China's tactics and capabilities in Africa, including China’s efforts to (1) exploit mining and reprocessing operations, and (2) provide or fund telecommunications and energy technologies.
(Sec. 7403) This section expands an existing reporting requirement for an IC working group on China's economic and technological capabilities. Specifically, the working group's annual report to Congress must provide an unclassified list of all known Chinese entities that engage in certain activities (such as developing, producing, or exporting technologies that are strategically important to China), instead of the top 200 such entities.
(Sec. 7404) This section requires the State Department to submit to Congress an assessment of critical areas in various spheres (e.g., security, scientific, and commercial spheres) in which the United States does not enjoy a reciprocal relationship with China and how such lack of reciprocity provides advantages to China.
(Sec. 7405) This section requires ODNI to assess the threat posed to U.S. ports by cranes manufactured by countries of concern (such as China, Russia, and Iran) and commercial entities in those countries, including Shanghai Zhenhua Heavy Industries Co.
(Sec. 7406) This section requires the State Department to submit to Congress an assessment of Chinese influence operations towards Pacific Islands countries (such as Micronesia, Palau, and Solomon Islands), including an identification of Pacific Islands countries in which China has established, or is seeking to establish, an intelligence presence or intelligence partnership.
(Sec. 7407) This section requires ODNI to seek to enter into a contract with an eligible entity (i.e., an FFRDC or nongovernmental entity with relevant experience and capabilities) to conduct a comprehensive study on the global economic impact of a military invasion of Taiwan by China or coercive actions against Taiwan by China (such as a blockade).
(Sec. 7408) This section requires ODNI to submit to Congress a report on the Uyghur genocide (including matters such as forced sterilization, forced abortion, forced transfer of children from their families, forced labor, and torture against Uyghurs).
Subtitle B--Other Foreign Countries
(Sec. 7411) This section requires ODNI to report to Congress on efforts by the Maduro regime of Venezuela to detain U.S. citizens and lawful permanent residents.
(Sec. 7412) This section requires ODNI to submit to Congress an IC assessment regarding Haiti, including a description of opportunities to improve or stabilize the security, political, and economic situation in that country. This section also requires ODNI to review certain intelligence products pertaining to Haiti written between January 1, 2021, and July 7, 2021, and submit to Congress an assessment, including an analysis of whether the IC provided policymakers with adequate warning of the assassination of Haitian President Jovenal Moise.
(Sec. 7413) This section specifies that if ODNI assesses that Iran possesses any amount of uranium-235 enriched to more than 60% purity or has engaged in other significant enrichment activity (such as enriching more than 10 kilograms of uranium-235), ODNI must submit such assessment to Congress within 48 hours.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
(Sec. 7501) This section authorizes ODNI, through the Intelligence Community Civilian Joint Duty Program, to detail or facilitate the detail of members from across the IC to the Bureau of Industry and Security at the Department of Commerce.
(Sec. 7502) This section requires ODNI to submit a plan to Congress to implement an Intelligence Community Innovation Unit to identify and evaluate commercial emerging technologies for prototyping and potential adoption by the IC for critical mission needs. To the extent that appropriations are provided in advance, ODNI shall establish such a unit within 180 days of submission of the plan.
(Sec. 7503) This section establishes within ODNI an Office of Engagement to ensure coordination across the IC of outreach and relationship development with non-U.S. government entities (such as private sector companies, institutions of higher education, trade associations, think tanks, and foreign allies).
(Sec. 7504) This section requires six specified elements of the IC (CIA, Defense Intelligence Agency, FBI, National Geospatial-Intelligence Agency, National Security Agency, and National Reconnaissance Office) to each designate a senior official to serve as the chief technology officer of that element.
(Sec. 7505) This section requires ODNI to establish a program under which entities that enter into certain contracts or agreements with an element of the IC may designate a limited number of additional employees or contractors to apply for security clearances, provided the IC element does not incur any costs for granting or maintaining such clearances.
(Sec. 7506) This section establishes an Intelligence Innovation Board within the executive branch to provide ODNI and other elements of the IC with advice and recommendations on changes to the culture, organizational structures, processes, and functions of the IC needed for the adoption of emerging technologies.
(Sec. 7507) This section requires ODNI to establish or otherwise oversee a program to advance microelectronics research. The focus of the research carried out under this program shall include specified areas to enable the advancement of artificial intelligence and machine learning.
(Sec. 7508) This section authorizes ODNI to initiate a research and development program related to sixth generation wireless networks and successor technologies for potential applications to the IC and other national security purposes.
(Sec. 7509) This section requires ODNI and DOD to jointly develop guidance requiring the Commercial Strategy Board, or other appropriate entities within the IC or DOD, to perform certain functions related to commercial remote sensing, including developing commercial remote sensing requirements documents that are unclassified and releasable to U.S. commercial industry.
(Sec. 7510) This section requires ODNI to brief Congress on whether IC directives furnish IC analysts with sufficient guidance and direction with respect to the use of artificial intelligence and machine learning tools in intelligence products.
Subtitle B--Next-Generation Energy, Biotechnology, and Artificial Intelligence
(Sec. 7511) This section expands an existing reporting requirement for an IC working group on China's economic and technological capabilities. Specifically, the working group's annual report to Congress must include an assessment of China's investments in certain technologies, such as artificial intelligence, next-generation energy technologies, and biotechnology. This section also requires ODNI to brief Congress on certain aspects of the working group.
(Sec. 7512) This section requires ODNI to provide Congress with an assessment of certain IC capabilities (related to continuity of government and continuity of operations during emergencies) that have unique energy needs and (1) ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) identify technologies, infrastructure, authorities, and potential obstacles to using such reactors.
(Sec. 7513) This section requires ODNI to establish certain policies related to the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities. (For example, policies that set minimum guidelines for evaluating the performance of models developed or acquired by elements of the IC.)
TITLE VI--CLASSIFICATION REFORM
Sensible Classification Act of 2023
(Sec. 7602) This section generally requires executive branch agencies to review and process records for declassification and release, in accordance with relevant existing processes to protect national security, if the records are over 25 years old and responsive to certain requests for information (such as a request under the Freedom of Information Act). An exception to this requirement occurs if the head of the relevant agency certifies and explains to Congress that the declassification of certain components within a record would be harmful to the protection of sources and methods or national security.
(Sec. 7603) This section requires executive branch agencies to conduct training for employees with classification authority to promote classification at the minimum level sufficient to protect U.S. national security and hold employees accountable for overclassification.
(Sec. 7604) This section authorizes the Public Interest Declassification Board (which advises the President and other executive branch officials on topics such as the review for declassification of records and materials of archival value) to hire up to 12 staff members. This section also allows a member of the board whose term has expired to serve for up to one additional year if a successor has not yet been appointed.
(Sec. 7605) This section requires the Office of Electronic Government within OMB to (1) research technology-based solutions to support efficient and effective classification and declassification systems that can be implemented across the federal government, and (2) submit recommendations to Congress on such technology-based solutions.
(Sec. 7606) This section requires each agency that grants security clearances to conduct a study on the necessity of such clearances and submit to Congress a report on the study’s findings, including a description of how the agency will ensure that the number of security clearances granted is kept to the minimum needed for agency functions.
TITLE VII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
(Sec. 7701) This section requires ODNI to submit a review to Congress on the extent to which the IC can use information technology services shared among the IC for personnel vetting, including with respect to human resources, suitability, and security.
(Sec. 7702) This section requires the Security Executive Agent (i.e., ODNI) and the Suitability and Credentialing Executive Agent (i.e., OPM) to establish timeliness performance standards for processing personnel vetting trust determinations. (Trust determinations include determinations about suitability, fitness, and eligibility for access to classified information). The section also authorizes ODNI to establish complementary standards for the IC.
(Sec. 7703) This section requires ODNI and OPM to jointly and annually publish a public report on the number and types of personnel vetting trust determinations (i.e., determinations as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position) made during the previous fiscal year. The section eliminates a reporting requirement regarding the time to complete the vetting process.
(Sec. 7704) This section requires GAO to periodically administer a survey to a sample of federal agencies, federal contractors, and other persons requiring security clearances to assess (1) the strengths and weaknesses of Trusted Workforce 2.0 initiatives, and (2) the effectiveness of vetting federal personnel while managing risk during onboarding of such personnel. (Trusted Workforce 2.0, begun in 2018, changed the federal government’s personnel vetting system.)
TITLE VIII--ANOMALOUS HEALTH INCIDENTS
(Sec. 7801) This section permits certain reprogrammed funds to be used to make disability payments for certain brain injuries sustained by certain individuals associated with the CIA (including CIA officers, employees, and their dependents), along with funds appropriated for that purpose.
(Sec. 7802) This section specifies that eligibility for a special payment for certain brain injuries incurred by CIA officers and employees is not contingent on the claimant first applying for federal workers compensation benefits.
(Sec. 7803) This section requires each element of the IC to implement two statutory authorities related to compensation for certain brain injuries or to provide a report to Congress explaining why those authorities are not relevant to a given element.
(Sec. 7804) This section requires the CIA to report to Congress on the handling of anomalous health incidents (i.e., unusual cognitive and neurological impairments incurred by government personnel while on assignment, particularly abroad, the source of which is currently under investigation), including any such injuries potentially resulting from an external stimulus or the actions of a foreign actor.
TITLE IX--OTHER MATTERS
(Sec. 7901) This section makes technical corrections to various provisions of law.
(Sec. 7902) This section reauthorizes Title VII of the Foreign Intelligence Surveillance Act of 1978 (FISA) through April 19, 2024. (Title VII of FISA addresses surveillance of targets outside the United States.)
Senate ordered measure printed as passed.
Became Public Law No: 118-78.
Referred to the House Committee on Armed Services.
Became Public Law No: 118-159.
Motion to table the motion to recommit the conference report to accompany H.R. 2670 to the committee on conference with instructions rejected in Senate by Yea-Nay Vote. 26 - 73. Record Vote Number: 340.
Roll Call #340 (Senate)Cloture on the conference report to accompany H.R. 2670 invoked in Senate by Yea-Nay Vote. 85 - 15. Record Vote Number: 341.
Roll Call #341 (Senate)Motion by Senator Schumer to recommit the conference report to accompany H.R. 2670 to the committee on conference with instructions fell when cloture was invoked on the conference report to accompany H.R. 2670.
Conference report considered in Senate.
Point of order that section 7902 of the conference report to accompany H.R. 2670 violates Rule XXVIII raised in Senate.
Motion to waive the Rule XXVII point of order re: section 7902 with respect to the measure (conference report to accompany H.R. 2670) agreed to in Senate by Yea-Nay Vote. 65 - 35. Record Vote Number: 342.
Roll Call #342 (Senate)Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 87 - 13. Record Vote Number: 343.
Roll Call #343 (Senate)Senate agreed to conference report by Yea-Nay Vote. 87 - 13. Record Vote Number: 343.
Enacted as Public Law 118-31
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Subcommittee Hearings Held
Referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the House Committee on Armed Services.
Referred to the House Committee on Armed Services.
Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the House Committee on Armed Services.
Referred to the House Committee on Armed Services.
Read twice and referred to the Committee on Armed Services.
Read twice and referred to the Committee on Armed Services.
Held at the desk.
Read twice and referred to the Committee on Armed Services.
Read twice and referred to the Committee on Armed Services.
Read twice and referred to the Committee on Armed Services.
Read twice and referred to the Committee on Foreign Relations.
Message on Senate action sent to the House.
Mr. Rogers (AL) moved to suspend the rules and agree to the conference report, H. Rept. 118-301. (consideration: CR H6961-6962)
DEBATE - The House proceeded with 40 minutes of debate on the motion to suspend the rules and agree to the conference report accompanying H.R. 2670.
Conference report agreed to in House: On motion to suspend the rules and agree to the conference report Agreed to by the Yeas and Nays: (2/3 required): 310 - 118 (Roll no. 723).
Roll Call #723 (House)On motion to suspend the rules and agree to the conference report Agreed to by the Yeas and Nays: (2/3 required): 310 - 118 (Roll no. 723).
Roll Call #723 (House)Motions to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 118-31.
Became Public Law No: 118-31.