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Microwave-Assisted Synthesis of Arene Ruthenium(ii) Complex as Apoptosis Inducer of A549 Cells
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DECEMBER 7, 2025
RULES COMMITTEE PRINT 119–16
TEXT OF HOUSE AMENDMENT TO S. 1071
[Showing the text of the National Defense Authorization Act
for Fiscal Year 2026]
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
3 thorization Act for Fiscal Year 2026’’.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
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CONTENTS.
(a) DIVISIONS.—This Act is organized into 8 divi-
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(1) Division A—Department of Defense Authorizations.
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(2) Division B—Military Construction Authorizations.
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(3) Division C—Department of Energy Na-
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tional Security Authorizations and Other Authoriza-
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tions.
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(4) Division D—Funding Tables.
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(5) Division E—Department of State Author-
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ization Act for Fiscal Year 2026.
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(6) Division F—Intelligence Authorization Act
for Fiscal Year 2026.
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(7) Division G—Coast Guard Authorization Act
of 2025.
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(8) Division H—Other Matters.
(b) TABLE OF CONTENTS.—The table of contents for
5 this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Joint explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Strategy for Army tactical wheeled vehicle program.
Sec. 112. Multiyear procurement authority for UH–60 Blackhawk aircraft.
Sec. 113. Authorization to initiate early production of future long-range assault
aircraft.
Sec. 114. Limitation on availability of funds for the Next Generation Command
and Control portfolio of capabilities of the Army.
Subtitle C—Navy Programs
Sec. 121. Modification to requirements for recapitalization of tactical fighter
aircraft of the Navy Reserve.
Sec. 122. Modification to limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Recapitalization of Navy waterborne security barriers; modification of
prohibition on availability of funds for legacy waterborne security barriers.
Sec. 124. Contract authority for Ford-class aircraft carrier program.
Sec. 125. Contract authority for Columbia-class submarine program.
Sec. 126. Authority for advance procurement of certain components to support
continuous production of Virginia-class submarines.
Sec. 127. Procurement authorities for Medium Landing Ships.
Sec. 128. Multiyear procurement authority for Yard, Repair, Berthing, and
Messing Barges.
Sec. 129. Vessel construction managers for the construction of certain Navy
vessels.
Sec. 130. Limitation on construction of Modular Attack Surface Craft.
Sec. 131. Limitation on availability of funds for TAGOS ship program.
Sec. 132. Inclusion of information on amphibious warfare ship spares and repair parts in Navy budget justification materials.
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Subtitle D—Air Force Programs
Sec. 141. Modification of minimum inventory requirements for air refueling
tanker aircraft.
Sec. 142. Modification of prohibition on retirement of F–15E aircraft.
Sec. 143. Extension of limitations and minimum inventory requirement relating
to RQ–4 aircraft.
Sec. 144. Modification to annual report on Air Force tactical fighter aircraft
force structure.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Extension of prohibition on certain reductions to B–1 bomber aircraft
squadrons.
Sec. 147. Modification to minimum inventory requirement for A–10 aircraft.
Sec. 148. Preservation of retired KC–10 aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
Sec. 150. B–21 bomber aircraft program accountability matrices.
Sec. 151. Bomber aircraft force structure and transition roadmap.
Sec. 152. Requirement for an intelligence, surveillance, and reconnaissance
roadmap for the Air Force.
Sec. 153. Report on the F–47 advanced fighter aircraft program.
Sec. 154. Limitation on availability of funds pending report on acquisition
strategy for Airborne Command Post Capability.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Requirements relating to executive airlift aircraft.
Sec. 162. Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging.
Sec. 163. Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft.
Sec. 164. Limitation on procurement of KC–46 aircraft pending certification on
correction of deficiencies.
Sec. 165. Plan for open mission systems of F–35 aircraft.
Sec. 166. Annual GAO reviews of the F–35 aircraft program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification to authority to award prizes for advanced technology
achievements.
Sec. 212. Modification to mechanisms to provide funds to defense laboratories
and other entities for research and development of technologies
for military missions.
Sec. 213. Program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 214. Modification to authority for acquisition, construction, or furnishing
of test facilities and equipment.
Sec. 215. Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions.
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Sec. 216. Modification of requirement for Department of Defense policies for
management and certification of Link 16 military tactical data
link network.
Sec. 217. Extension of authority for assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical research and development expertise.
Sec. 218. Alternative test and evaluation pathway for designated defense acquisition programs.
Sec. 219. Congressionally directed programs for test and evaluation oversight.
Sec. 220. Application of software innovation to modernize test and evaluation
infrastructure.
Sec. 221. Review and alignment of standards, guidance, and policies relating to
digital engineering.
Sec. 222. Catalyst Pathfinder Program.
Sec. 223. Modifications to defense research capacity building program.
Sec. 224. National Security and Defense Artificial Intelligence Institute.
Sec. 225. Advanced robotic automation for munitions manufacturing.
Sec. 226. Evaluation of additional test corridors for hypersonic and long-range
weapons.
Sec. 227. Western regional range complex demonstration.
Sec. 228. Demonstration of near real-time monitoring capabilities to enhance
weapon system platforms.
Sec. 229. Pilot program on modernized health and usage monitoring systems to
address obsolescence in rotary-wing and tiltrotor aircraft.
Sec. 230. Prohibition on modification of indirect cost rates for institutions of
higher education and nonprofit organizations.
Sec. 231. Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office.
Sec. 232. Limitation on availability of funds for realignment of research, development, test, and evaluation functions of Joint conventional armaments and ammunition.
Sec. 233. Limitation on use of funds for certain Navy software.
Sec. 234. Limitation on availability of funds for Under Secretary of Defense for
Research and Engineering pending report on study results.
Subtitle C—Biotechnology Matters
Sec. 241. Support for research and development of bioindustrial manufacturing
processes.
Sec. 242. Biotechnology Management Office.
Sec. 243. Bioindustrial commercialization program.
Sec. 244. Biotechnology supply chain resiliency program.
Sec. 245. Biological data for artificial intelligence.
Sec. 246. Department of Defense biotechnology strategy.
Sec. 247. Ethical and responsible development and deployment of biotechnology
within the Department of Defense.
Sec. 248. Establishing biobased product merit guidance.
Subtitle D—Plans, Reports, and Other Matters
Sec. 251. Modification of energetic materials strategic plan and investment
strategy of Joint Energetics Transition Office.
Sec. 252. Extension of period for annual reports on critical technology areas
supportive of the National Defense Strategy.
Sec. 253. Quarterly briefings on research, development, test, and evaluation
laboratories and facilities.
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TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of information about PFAS investigation and remediation
in annual report on defense environmental programs.
Sec. 312. Elimination of preference for motor vehicles using electric or hybrid
propulsion systems and related requirements of the Department of Defense.
Sec. 313. Modification of availability and use of energy cost savings.
Sec. 314. Requirement to support National Guard training on wildfire prevention and response.
Sec. 315. Modification of requirements relating to replacement of fluorinated
aqueous film-forming foam.
Sec. 316. Modification to restriction on procurement or purchasing of personal
protective equipment for firefighters containing perfluoroalkyl
substances or polyfluoroalkyl substances.
Sec. 317. Provision of alternative drinking water to households whose private
drinking water is contaminated with perfluorooctanesulfonic
acid and perfluorooctanoic acid substances from Department of
Defense activities.
Sec. 318. Responsibilities of executive agent for installation and operational nuclear energy.
Sec. 319. Establishment of Advanced Nuclear Transition Working Group.
Sec. 320. Department of Air Force program of record for commercial weather
data.
Sec. 321. Pilot program on Navy installation nuclear energy.
Sec. 322. Strategy to accelerate remediation of contamination from
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 323. Notification requirement with respect to nuclear power in Guam.
Sec. 324. Authority to use certain technologies to destroy or dispose of
perfluoroalkyl or polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 331. Modification of readiness report to include summary count of certain
mishaps.
Sec. 332. Authority to provide supplies incidental to support and services for
eligible non-Department of Defense organizations.
Sec. 333. Extension of authorization of depot working capital funds for unspecified minor military construction.
Sec. 334. Designation of senior officials responsible for integration of global
contested logistics posture management.
Sec. 335. Modification of prohibition on contracts for performance of firefighting or security-guard functions.
Sec. 336. Responsibilities for oversight of certain defense personal property
matters.
Sec. 337. Roles and responsibilities relating to sustainment and readiness of
certain naval surface vessels.
Sec. 338. Strategy to improve infrastructure of certain depots of Department
of Defense.
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Sec. 339. Modification of report on improved oversight for implementation of
Shipyard Infrastructure Optimization Program of the Navy.
Sec. 340. Extension and modification of semiannual briefings on operational
status of amphibious warship fleet.
Sec. 341. Maintenance inspection capabilities and requirements.
Sec. 342. Joint Strike Fighter sustainment.
Sec. 343. Depot-level maintenance coordination in multinational exercises.
Sec. 344. Proposed actions with respect to causes and effects of declining aircraft readiness rates.
Sec. 345. Technology enhancement for surface ship maintenance.
Sec. 346. Oversight requirements for contracts relating to relocation logistics
for household goods.
Sec. 347. Integration of commercially available artificial intelligence capabilities
into logistics operations.
Sec. 348. Pilot program on Army depot and arsenal workload sustainment.
Sec. 349. Limitation on use of funds to establish or expand Space Force Special Operations Component Command.
Sec. 350. Pilot program for data-enabled ground vehicle maintenance.
Sec. 351. Modernization of the organic industrial base of the Army.
Subtitle D—Matters Relating to Munitions
Sec. 361. Reporting requirements for Out-Year Unconstrained Total Munitions
Requirements and Out-Year inventory numbers.
Sec. 362. Inclusion of air and missile defense in Out-Year Unconstrained Total
Munitions Requirement and Out-Year inventory numbers.
Sec. 363. Reports on munitions response projects at sites formerly used by the
Department of Defense.
Sec. 364. Report on critical munitions required for simultaneous conflicts.
Subtitle E—Other Matters
Sec. 371. Adjustment and diversification assistance for State and local governments affected by depot reductions.
Sec. 372. Authority to evacuate family pets and contract working dogs during
noncombatant evacuations of foreign countries.
Sec. 373. Manned rotary wing aircraft safety.
Sec. 374. Establishment of Army museum system.
Sec. 375. Establishment of United States Navy Museum System.
Sec. 376. Establishment of Air Force and Space Force Museum System.
Sec. 377. Transportation of certain domestic animals by foreign air carriers.
Sec. 378. Minimum standards for military working dog kennels and facilities.
Sec. 379. Restroom access at military installations for certain transportation
service providers.
Sec. 380. Use of expeditionary solid waste disposal systems by Department of
Defense.
Sec. 381. Pilot program for contracted amphibious air resources for the area
of responsibility of the United States Indo-Pacific Command.
Sec. 382. Initiative to control spread of greater banded hornet in Guam.
Sec. 383. Reserve mobilization exercise to assess the capability of the Armed
Forces to respond to a high-intensity contingency in the IndoPacific region.
Sec. 384. Limitation on transformation by the Army of primary helicopter
training program at Fort Rucker, Alabama.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
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Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C—Authorization of Appropriations; Reports
Sec. 421. Military personnel.
Sec. 422. Streamlining of total force reporting requirements.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Policy
Sec. 501. Space Force general officer management.
Sec. 502. Redistribution of general officers on active duty from the Air Force
to the Space Force.
Sec. 503. Notification of removal of officers from selection board reports and
promotion lists.
Sec. 504. Chaplains: career flexibility; detail as students at schools for education required for appointment.
Sec. 505. Temporary increase in fiscal year percentage limitation for reduction
or waiver of service-in-grade requirement for general and flag
officers to be retired in pay grades O-7 and O-8.
Sec. 506. Notice of removal of Judge Advocates General.
Sec. 507. Authority to waive prohibition on officers serving on successive selection boards for boards to consider officers for promotion to
major general or rear admiral.
Sec. 508. Establishment of blast safety officer positions.
Subtitle B—Reserve Component Management
Sec. 511. Active and inactive transfers of officers of the Army National Guard
and Air Force National Guard.
Sec. 512. National Guard: Active Guard and Reserve duty in response to a
State disaster.
Sec. 513. Report on effect of equipment shortfalls on ability of National Guard
to perform homeland defense activities.
Sec. 514. Report on National Guard sexual assault prevention and response
training.
Sec. 515. Study and report on members of the reserve components: consideration of amount of time of service in activation; authority to
waive limitation on release from active duty.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Individual Longitudinal Exposure Record: codification; expansion.
Sec. 522. Women’s initiative teams.
Sec. 523. Honorary promotions on the initiative of the Department of Defense.
Sec. 524. Enhanced efficiency and service discretion for Disability Evaluation
System reviews.
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Sec. 525. Requirement of equal opportunity, racial neutrality, and exclusive use
of merit in military personnel actions.
Sec. 526. Report on adequacy of reimbursement for costs of permanent change
of station.
Subtitle D—Recruitment and Accession
Sec. 531. Recruiter access to secondary schools.
Sec. 532. Alternative service in areas of national interest by individuals denied
enlistment.
Sec. 533. Medical accession standards for members of the Armed Forces.
Sec. 534. Clarifying the calculation of enlistments for persons whose score on
the Armed Forces Qualification Test is below a prescribed level
for the future servicemember preparatory course.
Sec. 535. Selective Service System: automatic registration.
Subtitle E—Member Training
Sec. 541. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 542. Number of Junior Reserve Officers’ Training Corps units.
Sec. 543. Requirements with respect to motorcycle safety training.
Sec. 544. Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy.
Sec. 545. Mandatory training on government ethics and national security law.
Sec. 546. Temporary authority to provide bonuses to Junior Reserve Officers’
Training Corps instructors.
Sec. 547. Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment.
Sec. 548. Limitation on authority to reorganize the Senior Reserve Officers’
Training Corps of the Army.
Sec. 549. Accreditation of National Guard Marksmanship Training Center.
Subtitle F—Member Education
Sec. 551. Modification to maximum years of service for eligibility detail as a
student at a law school.
Sec. 552. Inclusion of Space Force education programs in definitions regarding
professional military education.
Sec. 553. Asynchronous instruction in distance education option for professional military education.
Sec. 554. Center for Strategic Deterrence and Weapons of Mass Destruction
Studies.
Sec. 555. Military service academy nominations.
Sec. 556. Modifications to alternative obligation for cadets and midshipmen.
Sec. 557. Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies.
Sec. 558. Director of Admissions of the United States Naval Academy.
Sec. 559. Detail of members of the Space Force as instructors at Air Force Institute of Technology.
Sec. 559A. Prohibition on participation of males in athletic programs or activities at the military service academies that are designated for
women or girls.
Sec. 559B. Organization of Army War College.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Qualifications for judge advocates.
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Sec. 562. Ensuring the availability of legal advice to commanders.
Sec. 563. Analysis of potential modifications to the offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice.
Sec. 564. Revision to sexual assault prevention and response training guidance.
Sec. 565. Notification of military sex offenders at military installations.
Sec. 566. Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice.
Sec. 567. Analysis of the advisability of establishing a punitive article for child
pornography-related offenses under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Transition Assistance Program: amendments; pilot program; reports.
Sec. 572. Amendments to pathways for counseling in Transition Assistance
Program.
Sec. 573. Improvements to information-sharing to support individuals retiring
or separating from the Armed Forces.
Subtitle I—Family Programs, Child Care, and Dependent Education
Sec. 581. Notification of suspected child abuse that occurs at a military child
development center.
Sec. 582. Enrollment of children of certain American Red Cross employees in
schools operated by the Department of Defense Education Activity.
Sec. 583. Ensuring access to DODEA schools for certain members of the reserve components.
Sec. 584. Authorization of dual or concurrent enrollment programs for students
of Defense Dependent Schools.
Sec. 585. Restrictions on certain actions relating to DODEA schools and military child development centers.
Sec. 586. Extension of pilot program to provide financial assistance to members
of the Armed Forces for in-home child care.
Sec. 587. Military OneSource: information regarding maternal health care.
Sec. 588. Assistance for deployment-related support of members of the Armed
Forces undergoing deployment and their families beyond the
Yellow Ribbon Reintegration Program.
Sec. 589. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
Sec. 589A. Verification of reporting of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 589B. Regulations on the use of portable electronic mobile devices in Department of Defense Education Activity schools.
Sec. 589V. Management of special education in schools operated by Department of Defense Education Activity.
Sec. 589D. Pilot program to increase payments for child care services in highcost areas.
Subtitle J—Decorations and Awards, Reports, and Other Matters
Sec. 591. Authorization for award of Medal of Honor to E. Royce Williams for
acts of valor during the Korean War.
Sec. 592. Authorization for posthumous award of the distinguished-service
cross to Isaac ‘‘Ike’’ Camacho for acts of valor in Vietnam.
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Sec. 593. Compliance with travel charge card deactivation requirements.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay and Retired Pay
Sec. 601. Codification of applicability to Space Force of certain pay and allowance authorities.
Sec. 602. Extension of enhanced authority for selective early retirement and
early discharges.
Sec. 603. Extension of temporary early retirement authority.
Subtitle B—Bonus, Incentive, and Separation Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Extension of authority to provide voluntary separation pay and benefits.
Sec. 613. Implementation of aviation incentive pay for members of reserve components.
Sec. 614. Reviews of designations of imminent danger pay areas.
Subtitle C—Allowances
Sec. 621. Modifications to calculation of basic allowance for subsistence for enlisted members.
Sec. 622. Family separation allowance: increase.
Sec. 623. Extending certain travel allowance for members of the Armed Forces
assigned to Alaska.
Sec. 624. Improvements to basic allowance for housing.
Subtitle D—Leave
Sec. 631. Improved parental leave for members of the armed forces.
Sec. 632. Convalescent leave for cadets and midshipmen.
Subtitle E—Family and Survivor Benefits
Sec. 641. Annual review of financial assistance limits for child care and youth
program services providers.
Sec. 642. Waiver of requirements for air transportation of deceased members
of the Armed Forces when necessary to meet mission requirements.
Subtitle F—Defense Resale Matters
Sec. 651. Use of commissary stores: civilian employees of Military Sealift Command.
Sec. 652. Defense commissary system and exchange system: patronage; privatization.
Subtitle G—Other Benefits, Administrative Matters, Reports, and Briefings
Sec. 661. Inclusion of descriptions of types of pay on pay statements.
Sec. 662. Provision of information regarding relocation assistance programs for
members receiving orders for a change of permanent station.
Sec. 663. Expansion of pilot program to increase access to food on military installations.
Sec. 664. Military compensation educational campaign.
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Sec. 665. Designation of United States Army Garrison Kwajalein Atoll as remote and isolated military installation.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents.
Sec. 702. Authority to provide sexual assault medical forensic examinations on
a nonreimbursable basis to certain otherwise ineligible individuals.
Subtitle B—Health Care Administration
Sec. 711. Codification of position of Director of the Defense Health Agency.
Sec. 712. Military-civilian medical surge program.
Sec. 713. Modification of limitation on reduction of military medical manning
end strength.
Sec. 714. Inclusion of additional requirements in notifications to modify scope
of services provided at military medical treatment facilities.
Sec. 715. Military medical cooperation arrangements among Five Eyes countries.
Sec. 716. Licensure requirement for health-care professionals of partner countries.
Sec. 717. Plan for priority assignment of medical personnel of Department of
Defense.
Sec. 718. Plan and report by Defense Health Agency relating to chiropractic
clinics at military installations.
Sec. 719. Strategic infectious disease medical research plan.
Sec. 720. Review of disclosure requirements under processes and forms relating
to health care provider credentialing and privileging of Department of Defense.
Subtitle C—Studies, Reports, and Other Matters
Sec. 731. Improvement of availability of care for veterans from facilities and
providers of the Department of Defense.
Sec. 732. Prohibition on painful research on domestic cats and dogs.
Sec. 733. Pilot program on wastewater surveillance system of Department of
Defense.
Sec. 734. Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer.
Sec. 735. Study on accreditation of military dental treatment facilities.
Sec. 736. Study on prevalence and mortality of cancer among military rotarywing pilots and aviation support personnel.
Sec. 737. Study on psychological effects of and mental health effects of unmanned aircraft systems in combat operations.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Assumption of uninsurable risk on certain contracts.
Sec. 802. Changes to certain documents.
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Sec. 803. Pilot program for financing for covered activities.
Sec. 804. Multiyear procurement authority for covered systems and certain munitions.
Sec. 805. Addressing insufficiencies in technical data.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeals of existing law to streamline the defense acquisition process.
Sec. 812. Modifications to current defense acquisition requirements.
Sec. 813. Modification to award amount for program to accelerate the procurement and fielding of innovative technologies.
Sec. 814. Additional amendments related to undefinitized contractual actions.
Sec. 815. Amendment to procurement of services data analysis and requirements validation.
Sec. 816. Modification of program and processes relating to foreign acquisition.
Sec. 817. Review of Department of Defense Instruction relating to conventional
ammunition management.
Subtitle C—Provisions Relating to Workforce Development
Sec. 821. Improvements to public-private talent exchange.
Sec. 822. Modifications to requirements for the President of the Defense Acquisition University.
Sec. 823. Hiring authorities for Defense Civilian Training Corps.
Sec. 824. Increasing competition in defense contracting.
Sec. 825. Report on strengthening the Defense Acquisition University.
Sec. 826. Restructuring of performance evaluation metrics for the acquisition
workforce.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 831. Applicability of Berry Amendment to procurement of certain seafood.
Sec. 832. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 833. Interim national security waivers for supply chain illumination efforts.
Sec. 834. Strategy to eliminate acquisition of optical glass from certain nations.
Sec. 835. Strategy to eliminate sourcing of computer displays from certain nations.
Sec. 836. Voluntary registration of compliance with covered sourcing requirements for covered products.
Sec. 837. Acceleration of qualification of compliant sources.
Sec. 838. Assessment of critical infrastructure owned by the Department of Defense dependent on foreign materials or components.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 841. Requirements relating to long-term concessions agreements with certain retailers.
Sec. 842. Prohibition on acquisition of advanced batteries from certain foreign
sources.
Sec. 843. Application of national security waiver for strategic materials
sourcing requirement to sensitive materials.
Sec. 844. Prohibition of procurement of molybdenum, gallium, or germanium
from non-allied foreign nations and authorization for production from recovered material.
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Sec. 845. Modifications to certain procurements from certain Chinese entities.
Sec. 846. Modifications to prohibition on contracting with persons that have
fossil fuel operations with the Government of the Russian Federation or the Russian energy sector.
Sec. 847. Prohibiting the purchase of photovoltaic modules or inverters from
foreign entities of concern.
Sec. 848. Clarification of procurement prohibition related to acquisition of materials mined, refined, and separated in certain countries.
Sec. 849. Prohibition on procurement related to certain additive manufacturing
machines.
Sec. 850. Phase-out of computer and printer acquisitions involving entities
owned or controlled by China.
Sec. 851. Prohibition on contracting with certain biotechnology providers.
Subtitle F—Industrial Base Matters
Sec. 861. Amendments to the procurement technical assistance program.
Sec. 862. Repeal of limitations on certain Department of Defense Executive
Agent authority.
Sec. 863. Special Operations Command Urgent Innovative Technologies and
Capabilities Initiative.
Sec. 864. United States-Israel Defense Industrial Base Working Group.
Sec. 865. Improving the domestic textile and industrial base.
Sec. 866. Cybersecurity regulatory harmonization.
Sec. 867. Modifications to defense industrial base fund.
Subtitle G—Other Matters
Sec. 871. Modification to demonstration and prototyping program to advance
international product support capabilities in a contested logistics environment.
Sec. 872. Contested logistics exercise requirement.
Sec. 873. Combatant command experimentation authority.
Sec. 874. Annual report on contract cancellations and terminations.
Sec. 875. Ability to withhold contract payments during period of pendancy of
a bid protest.
Sec. 876. Indemnification of contractors against nuclear and unusually hazardous risks.
Sec. 877. Enhanced security strategy for procurement of private fifth-generation wireless technology.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Prohibition of diversity, equity, and inclusion programs of the Department of Defense.
Sec. 902. Directive authority for matters for which the Under Secretary of Defense for Research and Engineering has responsibility.
Sec. 903. Assistant Secretary of Defense for International Armaments Cooperation.
Sec. 904. Modification to authorities of the Director of Operational Test and
Evaluation.
Sec. 905. Modification of covered technology categories for Office of Strategic
Capital.
Sec. 906. Additional authorities for Office of Strategic Capital.
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Sec. 907. Defense Science Board study on optimal organizational structure for
digital solution and software delivery.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Removal of members of Joint Chiefs of Staff and combatant commanders.
Sec. 912. Joint Interagency Task Force 401.
Sec. 913. Authority to establish regional outreach centers for the Defense Innovation Unit.
Sec. 914. Small-UAS Industrial Base Working Group.
Sec. 915. Temporary prohibition on disestablishment of Navy Expeditionary
Combat Command Pacific.
Sec. 916. Limitation on availability of funds for modification or consolidation
of geographic combatant commands.
Sec. 917. Limitation on availability of funds for the Army pending submittal
of plan on the proposed integration of the Joint Munitions
Command and the Army Sustainment Command.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation of reporting requirements relating to Department of
Defense financial improvement and audit remediation plan.
Sec. 1003. Concurrent reporting date for annual update to Defense Business
Systems Audit Remediation Plan and Department of Defense
annual financial statements.
Sec. 1004. Amendments and repeals to budgetary display requirements.
Sec. 1005. Extension of audit requirement for Department of Defense components.
Sec. 1006. Reporting requirements for amounts made available pursuant to
title II of Public Law 119–21.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of
the financial statements of the Department of Defense for fiscal year 2026.
Subtitle B—Counterdrug Activities
Sec. 1010. Support for counterdrug activities and activities to counter
transnational organized crime.
Subtitle C—Naval Vessels and Shipyards
Sec. 1011. Requirements for amphibious warfare ship force structure.
Sec. 1012. Definition of short-term work for purposes of Navy construction of
combatant and escort vessels and assignment of vessel projects.
Sec. 1013. Navy Senior Technical Authority.
Sec. 1014. Overhaul, repair, and maintenance of vessels in the Commonwealth
of the Northern Mariana Islands.
Sec. 1015. Allocation of certain operation and maintenance funds for Navy amphibious ship maintenance.
Sec. 1016. Metrics for basic and functional design for ship construction.
Sec. 1017. Authority for single award indefinite delivery-indefinite quantity
contract for destroyer maintenance.
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Sec. 1018. Limitation on availability of funds to retire or decommission oceanographic research vessels of the Navy.
Sec. 1019. Strategy for Navy investment in and support for the maritime industrial base.
Sec. 1020. Exemption of unmanned surface vessels and unmanned underwater
vehicles from certain technical authority requirements.
Sec. 1021. Pilot program on use of automated shipbuilding technologies and capabilities.
Sec. 1022. Modification of authority to purchase used vessels under the National Defense Sealift Fund.
Subtitle D—Counterterrorism
Sec. 1031. Extension of authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities.
Sec. 1032. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Modification of authority to provide assistance in support of Department of Defense accounting for missing United States Government personnel.
Sec. 1042. Senior leaders of the Department of Defense and other specified
persons: authority to provide protection.
Sec. 1043. Modification of requirements relating to support of civil authorities
by Armed Forces.
Sec. 1044. Authority of Secretary of Defense to enter into contracts to provide
certain assistance to secure the southern land border of the
United States.
Sec. 1045. Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program.
Sec. 1046. Limitation on retirement of Gray Eagle unmanned aircraft systems.
Sec. 1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical
Group.
Sec. 1048. Authorization of Eastern Regional Range Complex for multi-domain
operations and robotic autonomous systems training, testing,
and experimentation.
Sec. 1049. Limitation on use of funds for deactivation of Expeditionary Combat
Aviation Brigades.
Sec. 1050. Prohibition on use of live animals in Department of Defense live
fire trauma training.
Sec. 1051. Prohibition on destruction or scrapping of World War II–era aircraft.
Sec. 1052. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
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Sec. 1053. Congressional notification of support for immigration enforcement
operations.
Subtitle F—Studies and Reports
Sec. 1061. Notification of waivers under Department of Defense Directive
3000.09.
Sec. 1062. Modifications to authority for transfer and sale of certain surplus
firearms, ammunition, and parts.
Sec. 1063. Extension of mobility capability requirements study.
Sec. 1064. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1065. Extension of biennial assessments of Air Force Test Center.
Sec. 1066. Reports on installation of certain collision avoidance systems in military rotary-wing aircraft.
Sec. 1067. Cybersecurity and resilience annex in Strategic Rail Corridor Network assessments.
Sec. 1068. GAO review and report on biological weapons experiments on and
in relation to ticks, tick-borne disease.
Sec. 1069. Briefings on expenditures or planned expenditures of funds allocated
for exploration and development of existing Arctic infrastructure.
Sec. 1070. Semiannual report on Department of Defense operations at the
southern land border.
Sec. 1071. Assessment on potential establishment of incubator programs for secure facilities and networks at universities.
Subtitle G—Other Matters
Sec. 1081. Extension of the National Commission on the Future of the Navy.
Sec. 1082. Federal agency support for Afghanistan War Commission.
Sec. 1083. Provision of contract authority to Afghanistan War Commission.
Sec. 1084. Reauthorization of Servicewomen’s Commemorative Partnership.
Sec. 1085. AUKUS Improvement Act of 2025.
Sec. 1086. Framework for reforming technology transfer and foreign disclosure
policies.
Sec. 1087. Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United
States Special Operations Command.
Sec. 1088. Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities
for base defense.
Sec. 1089. Pilot program and other requirements for accelerating protection of
certain facilities and assets from unmanned aircraft.
Sec. 1090. Process for complaints and investigations of transportation service
providers and transportation officers.
Sec. 1091. Declassification of certain records relating to Tower 22 attack.
Sec. 1092. Updates and preservation of memorials to chaplains at Arlington
National Cemetery.
Sec. 1093. Critical infrastructure compatibility tabletop exercise.
Sec. 1094. Irregular Warfare Exercise Laboratory.
Sec. 1095. Commission on the National Defense Strategy.
TITLE XI—CIVILIAN PERSONNEL
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Sec. 1101. Prohibition on the use of funds from carrying out a hiring freeze,
reduction in force, or hiring delay without cause at a public
shipyard.
Sec. 1102. Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam.
Sec. 1103. Modification of temporary authority to appoint retired members of
the armed forces to positions in the Department of Defense.
Sec. 1104. Revisions to limitations on pay for officers and crews of maritime
vessels operated by or for the United States.
Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1107. Modifications to total force management requirements.
Sec. 1108. Definition of defense industrial base facility for purposes of direct
hire authority.
Sec. 1109. Payment of retention bonuses to DOD civilian employees in Guam.
Sec. 1110. Amendments to title 5, United States Code.
Sec. 1111. Educational travel authority for dependents of certain employees.
Sec. 1112. Modification of direct hire authority for domestic defense industrial
base facilities.
Sec. 1113. Cyber workforce recruitment and retention.
Sec. 1114. Public shipyard apprentice program.
Sec. 1115. Personnel management.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authorities.
Sec. 1202. Modification of authority to build capacity of foreign security forces.
Sec. 1203. Modification of payment of costs for Regional Centers for Security
Studies.
Sec. 1204. Modification to Irregular Warfare Center and Regional Defense Fellowship Program.
Sec. 1205. Modification of authority for Naval Small Craft Instruction and
Technical Training School.
Sec. 1206. State partnership program selection analysis.
Sec. 1207. Enhancement of international biodefense capacity.
Subtitle B—Foreign Military Sales and Related Processes
Sec. 1211. Improvements to security cooperation workforce and defense acquisition workforce.
Sec. 1212. Modifications to foreign military sales processes.
Sec. 1213. Periodic review of FMS-only list.
Sec. 1214. Assessment and establishment of office to support the acquisition of
specified non-program of record systems by foreign allies and
partners.
Sec. 1215. Guidance for coordination of international arms transfers.
Subtitle C—Matters Relating to the Middle East
Sec. 1221. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
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Sec. 1222. Extension and modification of annual report on military power of
Iran.
Sec. 1223. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
Sec. 1224. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1225. Counter-terrorism support.
Sec. 1226. Enhancing security partnership with Jordan and Lebanon.
Sec. 1227. Prohibition on funding to the Badr Organization.
Sec. 1228. Limitation on availability of funds for the Iraqi security forces.
Sec. 1229. Report on strategy for increasing membership in the Comprehensive
Security Integration and Prosperity Agreement.
Sec. 1229A. Report on ISIS detention facilities in Syria.
Sec. 1229B. Report on United States force posture and activities in Syria.
Subtitle D—Matters Relating to Israel
Sec. 1231. Extension and modification of United States-Israel anti-tunnel cooperation.
Sec. 1232. Extension and modification of United States-Israel cooperation to
counter unmanned systems in all warfighting domains.
Sec. 1233. Modification of certain temporary authorizations related to munitions replacement.
Sec. 1234. Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United
States and certain partner countries.
Sec. 1235. Report on United States-Israel military exercises.
Subtitle E—Matters Relating to Europe, Ukraine, and the Russian
Federation
Sec. 1241. Modification and extension of annual report on military and security
developments involving the Russian Federation.
Sec. 1242. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1243. Extension and modification of Ukraine Security Assistance Initiative.
Sec. 1244. Military intelligence support for Ukraine.
Sec. 1245. Report relating to allied and partner support to Ukraine.
Sec. 1246. Allied contributions to United States force posture on NATO’s eastern flank.
Sec. 1247. Baltic Security Initiative.
Sec. 1248. Modification of United States basing and training, and exercises in
North Atlantic Treaty Organization member countries.
Sec. 1249. Oversight of United States military posture in Europe.
Sec. 1250. Report on United States deterrence and defense posture in the European region.
Subtitle F—Matters Relating to the Indo-Pacific Region
Sec. 1251. Extension of Pacific Deterrence Initiative.
Sec. 1252. Extension of Indo-Pacific extended deterrence education pilot program.
Sec. 1253. Partnership for Indo-Pacific Industrial Resilience.
Sec. 1254. Strategy to strengthen multilateral defense in the Indo-Pacific.
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Sec. 1255. Sense of Congress on defense alliances and partnerships in the IndoPacific region.
Subtitle G—Matters Relating to Asia
Sec. 1261. Extension of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia.
Sec. 1262. Preventing circumvention by Chinese military companies in thirdparty countries.
Sec. 1263. Inclusion on list of Chinese military companies of entities added to
certain other lists.
Sec. 1264. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1265. Modification of Taiwan security cooperation initiative.
Sec. 1266. Joint program with Taiwan to enable fielding of uncrewed systems
and counter-uncrewed systems capabilities.
Sec. 1267. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1268. Oversight of United States military posture on the Korean Peninsula.
Sec. 1269. Report on enhanced defense relations with the Philippines.
Sec. 1270. Modernizing the defense capabilities of the Philippines.
Subtitle H—Other Matters
Sec. 1271. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1272. Repeal of war-related reporting requirements for concluded operations.
Sec. 1273. Defending international security by restricting unacceptable partnerships and tactics.
Sec. 1274. Report regarding joint training with Mexico to counter transnational
criminal organizations.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Modifications to Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Recycling for critical minerals.
Subtitle C—Other Matters
Sec. 1421. Extension of authorities for funding and management of joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund for Captain James A. Lovell
Health Care Center, Illinois.
Sec. 1422. Beginning balances of the Defense Logistics Agency Working Capital Fund for audit purposes.
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Sec. 1423. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV—CYBERSPACE-RELATED MATTERS
Subtitle A—Cyber Operations
Sec. 1501. Planning, programming, and budget coordination for operations of
cyber mission force.
Sec. 1502. Modification to reporting requirements for Senior Military Advisor
for Cyber Policy.
Sec. 1503. Framework for integration of information technology technical debt
assessment into annual budget process.
Sec. 1504. Department of Defense Data Ontology Governance Working Group.
Sec. 1505. Future force employment concepts development tabletop exercises.
Sec. 1506. Occupational resiliency of the Cyber Mission Force.
Sec. 1507. Prohibition on the elimination of certain cyber assessment capabilities for test and evaluation.
Sec. 1508. Prohibition on availability of funds to modify authorities of the
Commander of United States Cyber Command.
Sec. 1509. Limitation on availability of funds for the Combined Joint All-Domain Command and Control initiative.
Subtitle B—Cybersecurity
Sec. 1511. Secure mobile phones for senior officials and personnel performing
sensitive functions.
Sec. 1512. Artificial intelligence and machine learning security in the Department of Defense.
Sec. 1513. Physical and cybersecurity procurement requirements for artificial
intelligence systems.
Sec. 1514. Collaborative cybersecurity educational program.
Sec. 1515. Incorporation of artificial intelligence considerations into cybersecurity training.
Subtitle C—Information Technology and Data Management
Sec. 1521. Accountability of the Authorization to Operate processes.
Sec. 1522. Annual report on Department of Defense unified datalink strategy.
Subtitle D—Artificial Intelligence
Sec. 1531. Modification of high-performance computing roadmap.
Sec. 1532. Guidance and prohibition on use of certain artificial intelligence.
Sec. 1533. Artificial intelligence model assessment and oversight.
Sec. 1534. Digital sandbox environments for artificial intelligence.
Sec. 1535. Artificial Intelligence Futures Steering Committee.
Subtitle E—Reports and Other Matters
Sec. 1541. Modification to certification requirement regarding contracting for
military recruiting.
Sec. 1542. Amendment to annual assessments and reports on assignment of
certain budget control responsibility to Commander of the
United States Cyber Command.
Sec. 1543. Study on reducing incentives for cyber attacks on defense critical infrastructure of the United States.
Sec. 1544. Integration of reserve component into cyber mission force.
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Sec. 1545. Annual report on Mission Assurance Coordination Board activities.
Sec. 1546. Limitation on the divestment, consolidation, and curtailment of certain electronic warfare test and evaluation activities.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Acquisition career path in the Space Force.
Sec. 1602. Noise mitigation regarding space launches.
Sec. 1603. Acquisition and operation of space systems for space warfighting
and control.
Sec. 1604. Use of middle tier acquisition program for proliferated warfighter
space architecture of Space Development Agency.
Sec. 1605. Rocket cargo test and demonstration.
Sec. 1606. Continuation of operation of Defense Meteorological Satellite Program.
Sec. 1607. Study on establishing a tactical surveillance, reconnaissance, and
tracking program of record.
Sec. 1608. Spaceport of the Future initiative and study on future space launch
capacity.
Sec. 1609. Auxiliary payload for Next Generation Polar Overhead Persistent
Infrared satellites.
Sec. 1610. Blast damage assessment guide for space vehicles at Air Force
launch complexes.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Vendor support to clandestine activities.
Sec. 1622. Sensitive activities of the Department of Defense.
Sec. 1623. Codification of Department of Defense insider threat program.
Sec. 1624. Provision by Air Force of meteorological services for intelligence
community.
Sec. 1625. Annual report on requests of combatant commands for remote sensing data.
Sec. 1626. Review and evaluation of extension of inactive security clearances.
Subtitle C—Nuclear Forces
Sec. 1631. Adjustment to responsibilities of Nuclear Weapons Council.
Sec. 1632. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1633. Matters relating to the nuclear-armed, sea-launched cruise missile.
Sec. 1634. Adjustment to bomber aircraft nuclear certification requirement.
Sec. 1635. Organizational realignment with respect to Office of the Assistant
Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs; limitation on availability
of certain funds.
Sec. 1636. Matters relating to intercontinental ballistic missiles of the United
States.
Sec. 1637. Deep cleaning of launch control centers of the Air Force Global
Strike Command.
Sec. 1638. Limitation on availability of funds pending notification of tasking
authority delegation.
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Sec. 1639. Limitation on availability of funds pending commencement of annual
briefings on implementation of recommendations by the Congressional Commission on the Strategic Posture of the United
States.
Sec. 1640. Limitation on availability of funds for compensation caps.
Sec. 1641. Strategy to sustain Minuteman III intercontinental ballistic missile
and maximize end-of-life margin.
Sec. 1642. Matters relating to Air Force Global Strike Command.
Subtitle D—Missile Defense Programs
Sec. 1651. Modification to national missile defense policy to reflect Golden
Dome for America policy.
Sec. 1652. Golden Dome missile defense system.
Sec. 1653. Amendments to technical authority of Director of Missile Defense
Agency regarding integrated air and missile defense activities
and programs.
Sec. 1654. Prohibition on privatized or subscription-based missile defense intercept capabilities.
Sec. 1655. Matters related to integrated air and missile defense capabilities to
defend Guam.
Sec. 1656. Design and construction of missile instrumentation range safety vessels.
Sec. 1657. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1658. Limitation on authority to reduce sustainment for or halt operation
of the AN/FPS–108 COBRA DANE radar.
Sec. 1659. Limitation on availability of funds pending independent analysis of
space-based missile defense capability.
Sec. 1660. Assessment of the Ronald Reagan Ballistic Missile Defense Test
Site.
Sec. 1661. Biennial assessments of the Ronald Reagan Ballistic Missile Defense
Test Site.
Subtitle E—Matters Relating to Unidentified Anomalous Phenomena
Sec. 1671. Briefings on intercepts of unidentified anomalous phenomena by
North American Aerospace Defense Command and United
States Northern Command.
Sec. 1672. Elimination of duplicative reporting requirements relating to unidentified anomalous phenomena.
Sec. 1673. Accounting of security classification guides relating to unidentified
anomalous phenomena.
Subtitle F—Matters Relating to Electromagnetic Warfare
Sec. 1681. Modification of functions of Electromagnetic Spectrum Enterprise
Operational Lead for Joint Electromagnetic Spectrum Operations to include dynamic spectrum sharing technologies.
Sec. 1682. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises.
Sec. 1683. Annual review of the Joint Electromagnetic Battle Management
Software Program.
Sec. 1684. Support by the 350th Spectrum Warfare Wing to EA–37B Compass
Call aircraft.
Subtitle G—Other Matters
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Sec. 1691. Cooperative threat reduction funds.
Sec. 1692. Prohibition on access to Department of Defense cloud-based resources by certain individuals.
TITLE XVII—OTHER DEFENSE MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Copyright to a literary work produced by a civilian faculty member
of the Uniformed Services University of Health Sciences in the
course of such employment: free use by the Federal Government.
Sec. 1703. Temporary authority for nonimmigrant construction workers on
Wake Island.
Sec. 1704. Mapping and report on strategic ports.
Sec. 1705. Authorization of United States Coast Guard rotary aircraft work at
Department of Defense depots.
Sec. 1706. Continual assessment of impact of international state arms embargoes on Israel and actions to address defense capability gaps.
Sec. 1707. Protection of certain facilities and assets from unmanned aircraft.
TITLE XVIII—ACQUISITION REFORM
Subtitle A—Alignment of the Defense Acquisition System
Sec. 1801. Alignment of the defense acquisition system with the needs of members of the Armed Forces.
Sec. 1802. Establishment of the role of portfolio acquisition executive.
Sec. 1803. Amendments to life-cycle management and product support.
Sec. 1804. Adjustments to certain acquisition thresholds.
Sec. 1805. Modification to acquisition strategy.
Sec. 1806. Matters related to cost accounting standards.
Sec. 1807. Establishment of Project Spectrum.
Subtitle B—Requirements Process Reform
Sec. 1811. Modifications to Joint Requirements Oversight Council.
Sec. 1812. Ensuring successful implementation of requirements reform.
Subtitle C—Matters Relating to Commercial Products and Commercial
Services
Sec. 1821. Modifications to relationship of other provisions of law to procurement of commercial products and commercial services.
Sec. 1822. Modifications to commercial products and commercial services.
Sec. 1823. Modifications to commercial solutions openings.
Sec. 1824. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services.
Sec. 1825. Consumption-based solutions.
Sec. 1826. Exemptions for nontraditional defense contractors.
Sec. 1827. Clarification of conditions for payments for commercial products
and commercial services.
Sec. 1828. Review of commercial products and commercial services acquisition
approach.
Subtitle D—Improvements to Acquisition Programs
Sec. 1831. Modifications to procurement for experimental purposes.
Sec. 1832. Modifications to requirements for modular open system approach.
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Sec. 1833. Bridging Operational Objectives and Support for Transition program.
Subtitle E—Modifications to Strengthen the Industrial Base
Sec. 1841. Civil Reserve Manufacturing Network.
Sec. 1842. Transition to advanced manufacturing for certain critical readiness
items of supply.
Sec. 1843. Working group on the advanced manufacturing workforce.
Sec. 1844. Collaborative forum to address challenges to and limitations of the
defense industrial base.
Sec. 1845. Facility clearance acceleration for members of defense industrial
consortiums.
Sec. 1846. Improvements relating to advanced manufacturing.
Sec. 1847. Report on surge capacity in the defense industrial base.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family Housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2021 project at Fort
Gillem, Georgia.
Sec. 2105. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2106. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2107. Modification of authority to carry out fiscal year 2025 project at
Smith Barracks, Germany.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family Housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out fiscal year 2022 project at Marine Corps Air Station Cherry Point, North Carolina.
Sec. 2205. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2206. Extension of authority to carry out certain fiscal year 2023 projects.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family Housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out fiscal year 2017 project at
Spangdahlem Air Base, Germany.
Sec. 2305. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2308. Extension of authority to carry out certain fiscal year 2023 projects.
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Sec. 2309. Modification of authority to carry out certain fiscal year 2025
projects.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out fiscal year 2019 project at
Iwakuni, Japan.
Sec. 2405. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2407. Modification of authority to carry out fiscal year 2024 project at
Redstone Arsenal, Alabama.
Sec. 2408. Modification of authority to carry out fiscal year 2024 project at
Lake City Army Ammunition Plant, Missouri.
Sec. 2409. Modification of authority to carry out fiscal year 2025 project at
Joint Base Andrews, Maryland.
Sec. 2410. Modification of authority to carry out fiscal year 2025 project at
Joint Base Mcguire-Dix-Lakehurst, New Jersey.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2608. Modification of authority to carry out fiscal year 2023 project at
Tucson International Airport, Arizona.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
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Subtitle A—Military Construction Programs
Sec. 2801. Modification to definition of military installation resilience.
Sec. 2802. Facility construction or repair: transactions other than contracts
and grants.
Sec. 2803. Requirement for the military departments to develop and update a
20-year infrastructure improvement plan.
Sec. 2804. Improvements to water management and security on military installations.
Sec. 2805. Modification to assistance for public infrastructure projects and
services.
Sec. 2806. Modifications to Defense Community Infrastructure Program.
Sec. 2807. Inclusion of demolition projects in Defense Community Infrastructure Program.
Sec. 2808. Supervision of military construction projects.
Sec. 2809. Authority to use accelerated design-build and progressive designbuild procedures for military construction projects.
Sec. 2810. Extension of authority for temporary expanded land acquisition for
equine welfare.
Sec. 2811. Extension of requirement for contract for obligation and execution
of design funds for military construction projects.
Sec. 2812. Modification of pilot program on increased use of sustainable building materials in military construction to include sustainable
building technologies identified by the Comptroller General of
the United States.
Sec. 2813. Increase of maximum amount for certain replacement projects for
damaged or destroyed facilities.
Sec. 2814. Multiyear contracting authority for certain military construction
projects.
Sec. 2815. Guidance for military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2816. Authorization for cost-plus-incentive-fee contracts for certain Shipyard Infrastructure Optimization Program military construction projects.
Sec. 2817. Implementation of Comptroller General recommendations relating to
information sharing to improve oversight of military construction.
Subtitle B—Military Housing Reforms
Sec. 2821. Improvements to Department of Defense Housing Requirements and
Market Analysis.
Sec. 2822. Improvements to annual reports on certain waivers for covered military unaccompanied housing.
Sec. 2823. Continuation and modification of certain reporting requirements
with respect to privatized military housing.
Sec. 2824. Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing.
Sec. 2825. Inclusion of additional landlord financial information in certain annual report on privatized military housing.
Sec. 2826. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department
of Defense.
Sec. 2827. Improvement of administration of military unaccompanied housing.
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Sec. 2828. Authority for unaccompanied housing project under pilot authority
for use of other transactions for installation or facility prototyping.
Sec. 2829. Pilot program for emerging technologies for moisture control and
mitigation.
Sec. 2830. Standardization of mold remediation guidelines across military departments.
Sec. 2831. Inspections by qualified home inspector of privatized and Government-owned military housing.
Sec. 2832. Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, and military unaccompanied housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2841. Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization
for military departments.
Sec. 2842. Authorization for monetary contributions to the conveyees of utility
systems for infrastructure improvements.
Sec. 2843. Extension of authority to carry out Department of Defense pilot
program for use of cost savings realized.
Sec. 2844. Department of Defense intergovernmental support agreements for
ordnance disposal.
Sec. 2845. Inclusion of territories in certain intergovernmental support agreements for installation-support services.
Sec. 2846. Requirements relating to military installation closures and report on
Army organic industrial base sites.
Sec. 2847. Department of Defense procedures with respect to planning coordination for grid resiliency on military installations.
Sec. 2848. Repeal of construction requirements related to antiterrorism and
force protection or urban-training operations.
Sec. 2849. Repeal of pilot program authorizing overhead cost reimbursements
from major range and test facility base users at certain Department of the Air Force installations.
Sec. 2850. Master plans for Service Academies.
Sec. 2851. Annual report on cost premium for construction of certain facilities.
Sec. 2852. Implementation of Comptroller General recommendations relating to
critical military housing supply and affordability.
Sec. 2853. Plan for deploying private fifth generation and future generation
Open Radio Access Network architecture on Department of
Defense military installations.
Subtitle D—Land Conveyances
Sec. 2861. Historical marker commemorating effects of radiation exposure at
Holloman Air Force Base and White Sands Missile Range.
Sec. 2862. Prohibition on development of a golf course at Greenbury Point
Conservation Area At Naval Support Activity Annapolis, Maryland.
Sec. 2863. Extension of prohibition on joint use of Homestead Air Reserve
Base with civil aviation.
Sec. 2864. Extension of sunset for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2865. Clarification of land conveyance, Fort Hood, Texas.
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Sec. 2866. Extension of certain military land withdrawals and correction of certain land descriptions.
Sec. 2867. Land conveyance, former Curtis Bay Depot, Maryland.
Sec. 2868. Land conveyance, Sigsbee Park Annex, Naval Air Station, Key
West, Florida.
Subtitle E—Modifications to Unspecified Minor Military Construction
Sec. 2871. Modifications to certain congressional notifications for certain military construction projects.
Sec. 2872. Modification to dollar threshold for notifications for certain military
construction projects.
Sec. 2873. Transfer of defense laboratory modernization program authority to
provision of law with respect to military construction projects
for research, test, development, and evaluation.
Sec. 2874. Authority of a Secretary concerned to carry out certain unspecified
minor military construction projects.
Subtitle F—Other Matters
Sec. 2881. Extension of Department of the Army Pilot Program for Development and Use of Online Real Estate Inventory Tool.
Sec. 2882. Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps
forces in Asia Pacific region.
Sec. 2883. Joint base facility management of Department of Defense.
Sec. 2884. Designation of official responsible for coordination of defense sites
within area of responsibility of Joint Region Marianas.
Sec. 2885. Designation of Ronald Reagan Space and Missile Test Range at
Kwajalein Atoll.
Sec. 2886. Designation of Creech Air Force Base as a remote or isolated installation.
Sec. 2887. Pilot program on use of advanced manufacturing construction technologies at military installations.
Sec. 2888. Pilot program on procurement of utility services for installations of
the Department of Defense through areawide contracts.
Sec. 2889. Consideration of modular construction methods for military construction projects with protective design elements.
Sec. 2890. Notice relating to contracts or other agreements to establish an enduring location in a foreign country.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
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Sec. 3111. Organization and codification of provisions of law relating to atomic
energy defense activities.
Sec. 3112. Plutonium pit production capacity.
Sec. 3113. Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration.
Sec. 3114. Protection of certain nuclear facilities and assets from unmanned
aircraft.
Sec. 3115. Extension of authority for appointment of certain scientific, engineering, and technical personnel.
Sec. 3116. Notification of cost overruns for certain Department of Energy
projects.
Sec. 3117. Appropriate scoping of artificial intelligence research within the National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3121. Modification to reporting requirements with respect to nuclear weapons stockpile stewardship, management, and responsiveness
plan.
Sec. 3122. Assessment of the National Nuclear Security Administration Spent
Fuel Handling Recapitalization Project.
Sec. 3123. Department of Energy report on expansion of other transaction authorities for National Nuclear Security Administration.
Sec. 3124. Office of Environmental Management program-wide performance
metrics for reducing risk.
Sec. 3125. Office of Environmental Management integrated radioactive waste
disposal planning and optimization.
Sec. 3126. Prohibition relating to reclassification of high-level waste.
Sec. 3127. National security positions within the Department of Energy.
Sec. 3128. Consultation requirement with respect to transfer to private entities
of plutonium or plutonium materials; report.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
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Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy National Security programs.
DIVISION E—DEPARTMENT OF STATE AUTHORIZATION ACT FOR
FISCAL YEAR 2026
Sec. 5001. Short title; table of contents.
Sec. 5002. Definitions.
TITLE I—ORGANIZATION AND OPERATIONS
Subtitle A—Management and Consular Affairs
Sec. 5111. Under Secretary for Management.
Sec. 5112. Office of Medical Services.
Sec. 5113. Assistant Secretary for Administration.
Sec. 5114. Bureau of Administration.
Sec. 5115. Office of the Historian.
Sec. 5116. Chief information officer for diplomatic technology.
Sec. 5117. Bureau of Diplomatic Technology.
Sec. 5118. Assistant Secretary for Consular Affairs.
Sec. 5119. Bureau of Consular Affairs.
Sec. 5120. Sense of Congress regarding modernization and realignment of consular systems.
Sec. 5121. Fee for use of diplomatic reception rooms.
Subtitle B—Human Resources
Sec. 5131. Assistant Secretary for Human Resources.
Sec. 5132. Bureau of Human Resources.
Sec. 5133. Veterans Innovation Partnership Fellowship Program.
Sec. 5134. Thomas R. Pickering Foreign Affairs Fellowship Program.
Sec. 5135. Charles B. Rangel International Affairs Fellowship Program.
Sec. 5136. Donald M. Payne International Development Fellowship Program.
Sec. 5137. Matters relating to the Foreign Service Institute.
Sec. 5138. Fees for use of the George P. Schultz National Foreign Affairs
Training Center.
Subtitle C—Political Affairs
Sec. 5141. Under Secretary for Political Affairs.
Sec. 5142. Congressional notification regarding changes to bureau jurisdiction.
Sec. 5143. Ambassador-at-Large for the Arctic.
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Sec. 5144. Ambassador-at-Large for the Indian Ocean region.
Sec. 5145. Assistant Secretary for East Asian and Pacific Affairs.
Sec. 5146. Bureau of East Asian and Pacific Affairs.
Sec. 5147. Director of the Office of Multilateral Affairs in Bureau of East
Asian and Pacific Affairs.
Sec. 5148. Countering PRC Influence Fund Unit.
Sec. 5149. Assistant Secretary for African Affairs.
Sec. 5150. Bureau of African Affairs.
Sec. 5151. Assistant Secretary for Near Eastern Affairs.
Sec. 5152. Bureau of Near Eastern Affairs.
Sec. 5153. Assistant Secretary for South and Central Asian Affairs.
Sec. 5154. Bureau of South and Central Asian Affairs.
Sec. 5155. Assistant Secretary for Western Hemisphere Affairs.
Sec. 5156. Bureau of Western Hemisphere Affairs.
Sec. 5157. Office of Haitian Affairs.
Sec. 5158. Assistant Secretary for European and Eurasian Affairs.
Sec. 5159. Bureau of European and Eurasian Affairs.
Sec. 5160. Countering Russian Influence Fund Unit.
Sec. 5161. Assistant Secretary for International Organization Affairs.
Sec. 5162. Bureau of International Organization Affairs.
Subtitle D—Other Matters
Sec. 5171. Periodic briefings from Bureau of Intelligence and Research.
Sec. 5172. Support for congressional delegations.
Sec. 5173. Notification requirements for authorized and ordered departures.
Sec. 5174. Strengthening enterprise governance.
Sec. 5175. Establishing and expanding the Regional China Officer program.
Sec. 5176. Report on China’s diplomatic posts.
Sec. 5177. Notification of intent to reduce personnel at covered diplomatic
posts.
Sec. 5178. Foreign affairs manual changes.
TITLE II—WORKFORCE MATTERS
Sec. 5201. Report on vetting of Foreign Service Institute language instructors.
Sec. 5202. Training limitations.
Sec. 5203. Language incentive pay for civil service employees.
Sec. 5204. Options for comprehensive evaluations.
Sec. 5205. Job share and part-time employment opportunities.
Sec. 5206. Promoting reutilization of language skills in the Foreign Service.
TITLE III—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 5301. Post Data Pilot Program.
Sec. 5302. Authorization to use commercial cloud enclaves overseas.
Sec. 5303. Reports on technology transformation projects at the Department.
Sec. 5304. Commercial spyware.
TITLE IV—PUBLIC DIPLOMACY
Sec. 5401. Under Secretary for Public Diplomacy.
Sec. 5402. Assistant Secretary for Educational and Cultural Affairs.
Sec. 5403. Bureau of Educational and Cultural Affairs.
Sec. 5404. Foreign information manipulation and interference strategy.
Sec. 5405. Repeal of limitation on use of funds for international expositions.
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TITLE V—DIPLOMATIC SECURITY
Sec. 5501. Assistant Secretary for Diplomatic Security.
Sec. 5502. Special agents.
Sec. 5503. Modification of congressional notification requirement relating to
embassy reopening.
Sec. 5504. Counter-intelligence training for certain diplomatic security agents.
Sec. 5505. Expansion of counter-intelligence personnel security program to include nonsecurity staff.
Sec. 5506. Report on security conditions in Damascus, Syria, required for the
reopening of the United States diplomatic mission.
Sec. 5507. Embassies, consulates, and other diplomatic installations return to
standards report.
Sec. 5508. Reauthorization of overtime pay for protective services.
TITLE VI—MISCELLANEOUS
Sec. 5601. Submission of federally funded research and development center reports to Congress.
Sec. 5602. Quarterly report on diplomatic pouch access.
Sec. 5603. Report on utility of instituting a processing fee for ITAR license applications.
Sec. 5604. HAVANA Act payment fix.
Sec. 5605. Establishing an inner Mongolia section within the United States
Mission in China.
Sec. 5606. Report on United States Mission Australia staffing.
Sec. 5607. Extensions.
Sec. 5608. Updating counterterrorism reports.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2026
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified schedule of authorizations.
Sec. 6103. Intelligence Community Management Account.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by law.
Sec. 6303. Notice of impact of diplomatic and consular post closings on intelligence community.
Sec. 6304. Unauthorized access to intelligence community property.
Sec. 6305. Annual survey of analytic objectivity among officers and employees
of elements of the intelligence community.
Sec. 6306. Annual training requirement and report regarding analytic standards.
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Sec. 6307. Prohibiting discrimination in the intelligence community.
Sec. 6308. Estimate of cost to ensure compliance with Intelligence Community
Directive 705.
Sec. 6309. Plan for implementing an integrated system spanning the intelligence community for accreditation of sensitive compartmented
information facilities.
Sec. 6310. Reforms relating to inactive security clearances.
TITLE LXIV—INTELLIGENCE COMMUNITY EFFICIENCY AND
EFFECTIVENESS
Sec. 6401. Short title.
Sec. 6402. Modification of responsibilities and authorities of the Director of
National Intelligence.
Sec. 6403. Plan for optimized staffing of the Office of the Director of National
Intelligence.
Sec. 6404. National Counterproliferation and Biosecurity Center.
Sec. 6405. Termination of Office of Engagement.
TITLE LXV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Central Intelligence Agency
Sec. 6501. Guidance on novel and significant expenditures for purposes of notification under the Central Intelligence Agency Act of 1949.
Sec. 6502. Improvements to security of Central Intelligence Agency installations.
Sec. 6503. Annual Central Intelligence Agency workplace climate assessment.
Sec. 6504. Chaplain Corps and Chief of Chaplains of the Central Intelligence
Agency.
Sec. 6505. Technical amendment to procurement authorities of Central Intelligence Agency.
Subtitle B—Elements of Department of Defense
Sec. 6511. Counterintelligence briefings for members of the Armed Forces.
Subtitle C—Federal Bureau of Investigation
Sec. 6521. Notice of counterintelligence assessments and investigations by the
Federal Bureau of Investigation of candidates for or holders of
Federal office.
Sec. 6522. Notification of material changes to policies or procedures governing
terrorist watchlist and transnational organized crime watchlist.
Sec. 6523. Annual report on United States persons on the terrorist watch list.
Sec. 6524. Annual report on Federal Bureau of Investigation case data.
TITLE LXVI—ARTIFICIAL INTELLIGENCE AND OTHER EMERGING
TECHNOLOGIES
Subtitle A—Artificial Intelligence
Sec. 6601. Artificial Intelligence security guidance.
Sec. 6602. Artificial intelligence development and usage by intelligence community.
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Sec. 6603. Application of artificial intelligence policies of the intelligence community to publicly available models hosted in classified environments.
Sec. 6604. Prohibition on use of DeepSeek on intelligence community systems.
Subtitle B—Biotechnology
Sec. 6611. Senior officials for biotechnology.
Sec. 6612. Plan on enhanced intelligence sharing relating to foreign adversary
biotechnological threats.
Sec. 6613. Enhancing biotechnology talent within the intelligence community.
Sec. 6614. Enhanced intelligence community support to secure United States
biological data.
Sec. 6615. Ensuring intelligence community procurement of domestic United
States production of synthetic DNA and RNA.
Sec. 6616. Strategy for addressing intelligence gaps relating to China’s investment in United States-origin biotechnology.
Subtitle C—Other Matters
Sec. 6621. Enhancing intelligence community technology adoption metrics.
Sec. 6622. Report on identification of intelligence community sites for advanced
nuclear technologies.
Sec. 6623. Strategy on intelligence coordination and sharing relating to critical
and emerging technologies.
TITLE LXVII—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Matters Relating to China
Sec. 6701. Modification of annual reports on influence operations and campaigns in the United States by the Chinese Communist Party.
Sec. 6702. Intelligence sharing with allies on Chinese Communist Party efforts
in Europe.
Sec. 6703. Prohibition on intelligence community contracting with Chinese military companies engaged in biotechnology research, development, or manufacturing.
Sec. 6704. Report on the wealth of the leadership of the Chinese Communist
Party.
Sec. 6705. Assessment and report on investments by the People’s Republic of
China in the agriculture sector of Brazil.
Sec. 6706. Identification of entities that provide support to the People’s Liberation Army.
Sec. 6707. Mission manager for the People’s Republic of China.
Sec. 6708. National Intelligence Estimate of advancements in biotechnology by
the People’s Republic of China.
Subtitle B—Other Matters
Sec. 6711. Improvements to requirement for monitoring of Iranian enrichment
of uranium-235.
Sec. 6712. Policy toward certain agents of foreign governments.
Sec. 6713. Extension of intelligence community coordinator for Russian atrocities accountability.
Sec. 6714. Plan to enhance intelligence support to counter foreign influence intended to continue or expand the conflict in Sudan.
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Sec. 6715. Review of information relating to actions by foreign governments to
assist persons evading justice.
Sec. 6716. National Intelligence Estimate on the Western Hemisphere.
Sec. 6717. Plan to enhance counternarcotics collaboration, coordination, and
cooperation with the Government of Mexico.
Sec. 6718. Requirements with respect to duty to warn former senior officials
and other United States persons.
TITLE LXVIII—REPORTS AND OTHER MATTERS
Sec. 6801. Modification and repeal of reporting requirements.
Sec. 6802. Revisions to congressional notification of intelligence collection adjustments.
Sec. 6803. Declassification of intelligence and additional transparency measures
relating to the COVID–19 pandemic.
Sec. 6804. Classified intelligence budget justification materials and submission
of intelligence community drug control resource summary.
Sec. 6805. Requiring penetration testing as part of the testing and certification
of voting systems.
Sec. 6806. Standard guidelines for intelligence community to report and document anomalous health incidents.
DIVISION G—COAST GUARD AUTHORIZATION ACT OF 2025
Sec. 7001. Short title; table of contents.
Sec. 7002. Definitions and directions.
Sec. 7103. Automatic execution of conforming changes.
TITLE LXXI—COAST GUARD
Subtitle A—Authorization of Appropriations
Sec. 7101. Authorization of appropriations.
Sec. 7102. Authorized levels of military strength and training.
Subtitle B—Accountability
Sec. 7111. Annual report on progress of certain homeporting projects.
Sec. 7112. Major acquisitions.
Sec. 7113. Quarterly acquisition brief requirements.
Sec. 7114. Overdue reports.
Sec. 7115. Requirement for Coast Guard to provide analysis of alternatives for
aircraft.
Sec. 7116. Oversight of funds.
Sec. 7117. Regular polar security cutter updates.
Sec. 7118. Annual plan for Coast Guard operations in the Pacific; feasibility
study on supporting additional port visits and deployments in
support of operation blue pacific.
Sec. 7119. Annual plan for Coast Guard operations in the Caribbean.
Sec. 7120. Prohibition on submission to Congress of slideshow presentations.
TITLE LXXII—ORGANIZATION, AUTHORITIES, ACQUISITION, AND
PERSONNEL OF THE COAST GUARD
Subtitle A—Authorities
Sec. 7201. Reorganization of chapter 3.
Sec. 7202. Public availability of information.
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Sec. 7203. Modification of treatment of minor construction and improvement
project management.
Sec. 7204. Agreements.
Sec. 7205. Preparedness plans for Coast Guard properties located in tsunami
inundation zones.
Sec. 7206. Additional Pribilof Island transition completion actions.
Sec. 7207. Coast Guard access to Department of the Treasury fund.
Subtitle B—Acquisition
Sec. 7211. Modification of prohibition on use of lead systems integrators.
Sec. 7212. Acquisition improvements.
Sec. 7213. Restriction on acquisition, procurement, or construction of vessels in
foreign shipyards.
Sec. 7214. Floating drydock for United States Coast Guard Yard.
Sec. 7215. Great Lakes icebreaking.
Sec. 7216. Briefing on deployment of special purpose craft–heavy weather second generation (SPEC-HWX II) vessels in Pacific Northwest.
Sec. 7217. Report on 87-foot patrol boat fleet.
Sec. 7218. Procurement of tactical maritime surveillance systems.
Subtitle C—Personnel
Sec. 7221. Designation of officers with particular expertise in military justice
or healthcare.
Sec. 7222. Deferred retirement and retention in active duty status for health
professions officers.
Sec. 7223. Modifications to the officer involuntary separation process.
Sec. 7224. Modifications and revisions relating to reopening retired grade determinations.
Sec. 7225. Family leave policies for Coast Guard.
Sec. 7226. Modifications to career flexibility program.
Sec. 7227. Members asserting post-traumatic stress disorder, sexual assault, or
traumatic brain injury.
Sec. 7228. Authority for certain personnel; command sponsorship for dependents of members of Coast Guard assigned to Unalaska, Alaska;
improved prevention of and response to hazing and bullying.
Sec. 7229. Authorization for maternity uniform allowance for officers.
Sec. 7230. Additional available guidance and considerations for reserve selection boards.
Sec. 7231. Behavioral health.
Sec. 7232. Travel allowance for members of Coast Guard assigned to Alaska.
Sec. 7233. Tuition assistance and advanced education assistance pilot program.
Sec. 7234. Recruitment, relocation, and retention incentive program for civilian
firefighters employed by Coast Guard remote locations.
Sec. 7235. Notification.
Subtitle D—Coast Guard Academy
Sec. 7241. Modification of reporting requirements on covered misconduct in
Coast Guard Academy; consideration of request for transfer of
a cadet at the Coast Guard Academy who is the victim of a
sexual assault or related offense; room reassignment.
Sec. 7242. Modification of Board of Visitors.
Sec. 7243. Coast Guard Academy Cadet Advisory Board.
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Sec. 7244. Authorization for use of Coast Guard Academy facilities and equipment by covered foundations.
Sec. 7245. Policy on hazing.
Sec. 7246. Concurrent jurisdiction at Coast Guard Academy.
Sec. 7247. Study on Coast Guard Academy oversight.
Sec. 7248. Electronic locking mechanisms to ensure Coast Guard Academy
cadet room security.
Sec. 7249. Report on existing behavioral health and wellness support services
facilities at Coast Guard Academy.
Sec. 7250. Required posting of information.
Sec. 7251. Installation of behavioral health and medical privacy rooms.
Sec. 7252. Review and modification of Coast Guard Academy policy on sexual
harassment and sexual violence.
Subtitle E—Reports and Policies
Sec. 7261. Policy and briefing on availability of naloxone to treat opioid, including Fentanyl, overdoses.
Sec. 7262. Policy on methods to reduce incentives for illicit maritime drug trafficking.
Sec. 7263. Plan for joint and integrated maritime operational and leadership
training for United States Coast Guard and Taiwan Coast
Guard administration.
Sec. 7264. Aids to navigation.
Sec. 7265. Study and gap analysis with respect to Coast Guard Air Station
Corpus Christi aviation hanger.
Sec. 7266. Report on impacts of joint travel regulations on members of Coast
Guard who rely on ferry systems.
Sec. 7267. Report on Junior Reserve Officers’ Training Corps program.
Sec. 7268. Report on and expansion of Coast Guard Junior Reserve Officers’
Training Corps program.
Sec. 7269. Annual report on administration of sexual assault forensic examination kits.
Sec. 7270. Report on Coast Guard personnel skills.
Sec. 7271. Report on Coast Guard search and rescue operations.
Sec. 7272. Report on East Rockaway Inlet navigation.
Sec. 7273. Responsible property ownership and tracking.
Sec. 7274. Study on effects of oceanographic, weather, and coastal conditions
on Coast Guard missions.
Sec. 7275. Parental leave surge staffing program.
Sec. 7276. Modification of strategy to improve quality of life at remote units.
Sec. 7277. Retention of certain records.
Sec. 7278. Temporary installation of restroom facilities for Training Center
Cape May medical facility.
Sec. 7279. Childhood protection program.
TITLE LXXIII—SHIPPING AND NAVIGATION
Subtitle A—Merchant Mariner Credentials
Sec. 7301. Merchant mariner credentialing.
Sec. 7302. Nonoperating individual.
Subtitle B—Vessel Safety
Sec. 7311. Grossly negligent operations of a vessel.
Sec. 7312. Performance driven examination schedule.
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Sec. 7313. Fishing safety training and research.
Sec. 7314. Designating pilotage waters for the Straits of Mackinac.
Sec. 7315. Requirement to report sexual offenses.
Sec. 7316. Requirements for certain fishing vessels and fish tender vessels.
Sec. 7317. Study of amphibious vessels.
Sec. 7318. St. Lucie River railroad bridge.
Subtitle C—Ports
Sec. 7321. Ports and waterways safety.
Sec. 7322. Study on Bering Strait vessel traffic projections and emergency response posture at ports of the United States.
Sec. 7323. Improving vessel traffic service monitoring.
Sec. 7324. Controlled substance onboard vessels.
Sec. 7325. Cyber-incident training.
Sec. 7326. Navigational protocols.
Sec. 7327. Anchorages.
Subtitle D—Matters Involving Uncrewed Systems
Sec. 7331. Pilot program for governance and oversight of small uncrewed maritime systems.
Sec. 7332. Coast Guard training course.
Sec. 7333. NOAA membership on autonomous vessel policy council.
Sec. 7334. Technology pilot program.
Sec. 7335. Uncrewed systems capabilities report.
Sec. 7336. Medium unmanned aircraft systems capabilities study.
Sec. 7337. National Academy of Sciences report on uncrewed systems and use
of data.
Sec. 7338. Unmanned aircraft systems.
Subtitle E—Other Matters
Sec. 7341. Information on type approval certificates.
Sec. 7342. Clarification of authorities.
Sec. 7343. Amendments to passenger vessel security and safety requirements.
Sec. 7344. Extension of pilot program to establish a cetacean desk for Puget
Sound region.
Sec. 7345. Suspension of enforcement of use of devices broadcasting on AIS for
purposes of making fishing gear.
Sec. 7346. Classification societies.
Sec. 7347. Abandoned and derelict vessel removals.
Sec. 7348. Offshore operations.
Sec. 7349. Port access routes.
TITLE LXXIV—OIL POLLUTION RESPONSE
Sec. 7401. Vessel response plans.
Sec. 7402. Use of marine casualty investigations.
Sec. 7403. Timing of review.
Sec. 7404. Online incident reporting system.
Sec. 7405. Investment.
Sec. 7406. Additional response assets.
Sec. 7407. International maritime oil spill response.
TITLE LXXV—SEXUAL ASSAULT AND SEXUAL HARASSMENT
RESPONSE
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Subtitle A—Accountability Implementation
Sec. 7501. Independent review of Coast Guard reforms.
Sec. 7502. Coast Guard implementation of independent review commission recommendations on addressing sexual assault and sexual harassment in the military.
Subtitle B—Misconduct
Sec. 7511. Covered misconduct.
Sec. 7512. Policy relating to care and support of victims of covered misconduct.
Sec. 7513. Flag officer review of, and concurrence in, separation of members
who have reported covered misconduct.
Sec. 7514. Policy and program to expand prevention of sexual misconduct.
Sec. 7515. Training and education programs for covered misconduct prevention
and response.
Subtitle C—Other Matters
Sec. 7521. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons.
Sec. 7522. Development of policies on military protective orders.
Sec. 7523. Establishment of special victim capabilities to respond to allegations
of certain special victim offenses.
Sec. 7524. Participation in CATCH a Serial Offender program.
Sec. 7525. Confidential reporting of sexual harassment.
Sec. 7526. Report on policy on whistleblower protections.
Sec. 7527. Coast Guard and Coast Guard Academy access to defense sexual assault incident database.
Sec. 7528. Expedited transfer in cases of sexual misconduct or domestic violence.
Sec. 7529. Access to temporary separation program for victims of alleged sexrelated offenses.
Sec. 7530. Continuous vetting of security clearances.
TITLE LXXVI—COMPTROLLER GENERAL REPORTS
Sec. 7601. Comptroller General report on Coast Guard research, development,
and innovation program.
Sec. 7602. Comptroller General study on vessel traffic service center employment, compensation, and retention.
Sec. 7603. Comptroller General review of quality and availability of Coast
Guard behavioral health care and resources for personnel
wellness.
Sec. 7604. Comptroller General study on Coast Guard efforts to reduce prevalence of missing or incomplete medical records and sharing of
medical data with Department of Veterans Affairs and other
entities.
Sec. 7605. Comptroller General study on Coast Guard training facility infrastructure.
Sec. 7606. Comptroller General study on facility and infrastructure needs of
Coast Guard stations conducting border security operations.
Sec. 7607. Comptroller General study on Coast Guard basic allowance for housing.
Sec. 7608. Comptroller General report on safety and security infrastructure at
Coast Guard Academy.
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Sec. 7609. Comptroller General study on athletic coaching at Coast Guard
Academy.
Sec. 7610. Comptroller General study and report on permanent change of station process.
Sec. 7611. Comptroller General review of Coast Guard Investigative Service.
TITLE LXXVII—AMENDMENTS
Sec. 7701. Amendments.
DIVISION H—OTHER MATTERS
TITLE LXXXI—FINANCIAL SERVICES MATTERS
Sec. 8101. Defense Production Act of 1950 extension.
Sec. 8102. Review of and reporting on national security sensitive sites for purposes of reviews of real estate transactions by the Committee
on Foreign Investment in the United States.
Sec. 8103. Disclosures by directors, officers, and principal stockholders.
Sec. 8104. Study and report.
TITLE LXXXII—JUDICIARY MATTERS
Sec. 8201.
Authority of Marshal of the Supreme Court and Supreme Court
Police.
Sec. 8202. PROTECT Our Children Act of 2008 reauthorization.
Sec. 8203. Trauma kit standards.
Sec. 8204. Inclusion of certain retired public safety officers in the public safety
officers’ death benefits program.
Sec. 8205. Honoring our fallen heroes.
TITLE LXXXIII—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Non-Discrimination Act of 2025
Sec. 8301. Short title.
Sec. 8302. Findings.
Sec. 8303. Sense of the Congress.
Sec. 8304. Support for Taiwan admission to the IMF.
Sec. 8305. Testimony requirement.
Subtitle B—BUST Fentanyl Act
Sec. 8311. Short title.
Sec. 8312. International Narcotics Control Strategy Report.
Sec. 8313. Study and report on efforts to address fentanyl trafficking from the
people’s republic of china and other relevant countries.
Sec. 8314. Amendments to the Fentanyl Sanctions Act.
Sec. 8315. Prioritization of identification of persons from the People’s Republic
of China.
Sec. 8316. Expansion of sanctions under the Fentanyl Sanctions Act.
Sec. 8317. Imposition of sanctions with respect to agencies or instrumentalities
of foreign states.
Sec. 8318. Annual report on efforts to prevent the smuggling of methamphetamine into the United States from Mexico.
Sec. 8319. Responding to crime and corruption in Haiti.
Sec. 8320. Rule of construction regarding the use of military force.
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Subtitle C—Western Balkans Democracy and Prosperity
Sec. 8331. Short title.
Sec. 8332. Findings.
Sec. 8333. Sense of Congress.
Sec. 8334. Definitions.
Sec. 8335. Sanctions relating to the Western Balkans.
Sec. 8336. Democratic and economic development and prosperity initiatives.
Sec. 8337. Promoting cross-cultural and educational engagement.
Sec. 8338. Young Balkan Leaders Initiative.
Sec. 8339. Supporting cybersecurity and cyber resilience in the Western Balkans.
Sec. 8340. Relations between Kosovo and Serbia.
Sec. 8341. Reports on Russian and Chinese malign influence operations and
campaigns in the Western Balkans.
Subtitle D—Countering Wrongful Detention Act of 2025
Sec. 8351. Short title.
Sec. 8352. Designation of a foreign country as a State Sponsor of Unlawful or
Wrongful Detention.
Sec. 8353. Congressional Report on components related to hostage affairs and
recovery.
Sec. 8354. Rule of construction.
Subtitle E—Other Matters
Sec. 8361. National registry of Korean American divided families.
Sec. 8362. Sense of Congress on Russia’s illegal abduction of Ukrainian children.
Sec. 8363. Supporting the identification and recovery of abducted Ukrainian
children.
Sec. 8364. Fairness in issuance of tactical gear to Diplomatic Security Service
personnel.
Sec. 8365. Strategy for countering transnational criminal organizations in Mexico.
Sec. 8366. International nuclear energy.
Sec. 8367. Strategy to respond to global bases of the People’s Republic of
China.
Sec. 8368. Disposition of weapons and materiel in transit from Iran to the
Houthis in Yemen.
Sec. 8369. Repeal of Caesar Syria Civilian Protection Act of 2019.
Sec. 8370. Repeal of Authorizations for Use of Military Force relating to Iraq.
TITLE LXXXIV—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 8401. Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office
of Marine and Aviation Operations; promotions of flag officers.
Sec. 8402. National Oceanic and Atmospheric Administration vessel fleet.
Sec. 8403. Cooperative Aviation Centers.
Sec. 8404. Eligibility of former officers to compete for certain positions.
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Sec. 8405. Alignment of physical disqualification standard for obligated service
agreements with standard for veterans’ benefits.
Sec. 8406. Streamlining separation and retirement process.
Sec. 8407. Separation of ensigns found not fully qualified.
Sec. 8408. Repeal of limitation on educational assistance.
Sec. 8409. Disposal of survey and research vessels and equipment of the National Oceanic and Atmospheric Administration.
Subtitle B—South Pacific Tuna Treaty Matters
Sec. 8411. References to South Pacific Tuna Act of 1988.
Sec. 8412. Definitions.
Sec. 8413. Prohibited acts.
Sec. 8414. Exceptions.
Sec. 8415. Criminal offenses.
Sec. 8416. Civil penalties.
Sec. 8417. Licenses.
Sec. 8418. Enforcement.
Sec. 8419. Findings by Secretary of Commerce.
Sec. 8420. Disclosure of information.
Sec. 8421. Closed area stowage requirements.
Sec. 8422. Observers.
Sec. 8423. Fisheries-related assistance.
Sec. 8424. Arbitration.
Sec. 8425. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 8426. Additional agreements.
Subtitle C—Other Matters
Sec. 8431. North Pacific Research Board enhancement.
TITLE LXXXV—COMPREHENSIVE OUTBOUND INVESTMENT
NATIONAL SECURITY ACT OF 2025
Subtitle A—General Matters
Sec. 8501. Secretary defined.
Sec. 8502. Severability.
Sec. 8503. Authorization of appropriations.
Sec. 8504. Sense of Congress.
Sec. 8505. Termination.
Subtitle B—Imposition of Sanctions
Sec. 8511. Imposition of sanctions.
Sec. 8512. Definitions.
Sec. 8513. Exception relating to importation of goods.
Subtitle C—Prohibition and Notification on Investments Relating to Covered
National Security Transactions
Sec. 8521. Prohibition and notification on investments relating to covered national security transactions.
Subtitle D—Securities and Related Matters
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Sec. 8531. Requirements relating to the Non-SDN Chinese Military-Industrial
Complex Companies List.
TITLE LXXXVI—SECURING THE AIRSPACE, FACILITATING EMERGENCY RESPONSE, AND SAFEGUARDING KEY INFRASTRUCTURE, ENTERTAINMENT VENUES, AND STADIUMS
Sec. 8601. Short title.
Sec. 8602. Drone countermeasures to protect public safety and critical infrastructure.
Sec. 8603. Use of grant funds for unmanned aircraft and counter unmanned
aircraft systems.
Sec. 8604. Use of grant funds for unmanned aircraft.
Sec. 8605. Penalties.
Sec. 8606. Rulemaking and implementation.
Sec. 8607. Severability.
TITLE LXXXVII—DFC MODERNIZATION AND REAUTHORIZATION
ACT OF 2025
Sec. 8701. Short title.
Subtitle A—Definitions and Less Developed Country Focus
Sec. 8711. Definitions.
Sec. 8712. Less developed country focus.
Subtitle B—Management of Corporation
Sec. 8721. Structure of Corporation.
Sec. 8722. Board of Directors.
Sec. 8723. Chief Executive Officer.
Sec. 8724. Chief Risk Officer.
Sec. 8725. Chief Development Officer.
Sec. 8726. Chief Strategic Officer.
Sec. 8727. Officers and employees.
Sec. 8728. Development Finance Advisory Council.
Sec. 8729. Strategic Advisory Group.
Sec. 8730. Five-year strategic priorities plan.
Sec. 8731. Development finance education.
Sec. 8732. Internships.
Sec. 8733. Independent accountability mechanism.
Subtitle C—Authorities Relating to the Provision of Support
Sec. 8741. Equity investment.
Sec. 8742. Special projects.
Sec. 8743. Terms and conditions.
Sec. 8744. Termination.
Subtitle D—Other Matters
Sec. 8751. Operations.
Sec. 8752. Corporate powers.
Sec. 8753. Maximum contingent liability.
Sec. 8754. Performance measures, evaluation, and learning.
Sec. 8755. Annual report.
Sec. 8756. Publicly available project information.
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Sec. 8757. Notifications to be provided by the corporation.
Sec. 8758. Limitations and preferences.
TITLE LXXXVIII—OTHER MATTERS
Sec. 8801. Pilot program for sound insulation repair and replacement.
Sec. 8802. Alignment of timing of updates of strategic plan with updates to
National Strategy for Advanced Manufacturing.
Sec. 8803. Lumbee Fairness Act.
Sec. 8804. Drinking water well replacement for Chincoteague, Virginia.
Sec. 8805. Briefing on implementation of Compact of Free Association Amendments Act of 2024 with respect to veterans in the Freely Associated States.
Sec. 8806. Disinterment of remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas.
1
SEC. 3. DEFINITIONS.
2
In this Act:
3
4
(1) In divisions A through D, the term ‘‘this
Act’’ refers to divisions A through D.
5
(2) The term ‘‘congressional defense commit-
6
tees’’ has the meaning given that term in section
7
101(a)(16) of title 10, United States Code.
8
9
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes
10 of complying with the Statutory Pay-As-You-Go Act of
11 2010, shall be determined by reference to the latest state12 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
13 for this Act, jointly submitted for printing in the Congres14 sional Record by the Chairmen of the House and Senate
15 Budget Committees, provided that such statement has
16 been submitted prior to the vote on passage in the House
17 acting first on the conference report or amendment be18 tween the Houses.
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1
2
SEC. 5. JOINT EXPLANATORY STATEMENT.
The joint explanatory statement regarding this Act,
3 printed in the House section of the Congressional Record
4 on or about December 10, 2025, by the Chairman of the
5 Committee on Armed Services of the House of Represent6 atives and the Chairman of the Committee on Armed
7 Services of the Senate, shall have the same effect with re8 spect to the implementation of this Act as if it were a
9 joint explanatory statement of a committee of conference.
10
11
12
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Strategy for Army tactical wheeled vehicle program.
Sec. 112. Multiyear procurement authority for UH–60 Blackhawk aircraft.
Sec. 113. Authorization to initiate early production of future long-range assault
aircraft.
Sec. 114. Limitation on availability of funds for the Next Generation Command
and Control portfolio of capabilities of the Army.
Subtitle C—Navy Programs
Sec. 121. Modification to requirements for recapitalization of tactical fighter
aircraft of the Navy Reserve.
Sec. 122. Modification to limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Recapitalization of Navy waterborne security barriers; modification of
prohibition on availability of funds for legacy waterborne security barriers.
Sec. 124. Contract authority for Ford-class aircraft carrier program.
Sec. 125. Contract authority for Columbia-class submarine program.
Sec. 126. Authority for advance procurement of certain components to support
continuous production of Virginia-class submarines.
Sec. 127. Procurement authorities for Medium Landing Ships.
Sec. 128. Multiyear procurement authority for Yard, Repair, Berthing, and
Messing Barges.
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Sec. 129. Vessel construction managers for the construction of certain Navy
vessels.
Sec. 130. Limitation on construction of Modular Attack Surface Craft.
Sec. 131. Limitation on availability of funds for TAGOS ship program.
Sec. 132. Inclusion of information on amphibious warfare ship spares and repair parts in Navy budget justification materials.
Subtitle D—Air Force Programs
Sec. 141. Modification of minimum inventory requirements for air refueling
tanker aircraft.
Sec. 142. Modification of prohibition on retirement of F–15E aircraft.
Sec. 143. Extension of limitations and minimum inventory requirement relating
to RQ–4 aircraft.
Sec. 144. Modification to annual report on Air Force tactical fighter aircraft
force structure.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Extension of prohibition on certain reductions to B–1 bomber aircraft
squadrons.
Sec. 147. Modification to minimum inventory requirement for A–10 aircraft.
Sec. 148. Preservation of retired KC–10 aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
Sec. 150. B–21 bomber aircraft program accountability matrices.
Sec. 151. Bomber aircraft force structure and transition roadmap.
Sec. 152. Requirement for an intelligence, surveillance, and reconnaissance
roadmap for the Air Force.
Sec. 153. Report on the F–47 advanced fighter aircraft program.
Sec. 154. Limitation on availability of funds pending report on acquisition
strategy for Airborne Command Post Capability.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Requirements relating to executive airlift aircraft.
Sec. 162. Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging.
Sec. 163. Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft.
Sec. 164. Limitation on procurement of KC–46 aircraft pending certification on
correction of deficiencies.
Sec. 165. Plan for open mission systems of F–35 aircraft.
Sec. 166. Annual GAO reviews of the F–35 aircraft program.
Subtitle A—Authorization of
Appropriations
1
2
3
4
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
5 fiscal year 2026 for procurement for the Army, the Navy
6 and the Marine Corps, the Air Force and the Space Force,
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1 and Defense-wide activities, as specified in the funding
2 table in section 4101.
3
Subtitle B—Army Programs
4
SEC. 111. STRATEGY FOR ARMY TACTICAL WHEELED VEHI-
5
6
CLE PROGRAM.
Section 112(a) of the National Defense Authorization
7 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
8 7013 note) is amended by inserting ‘‘2027,’’ after ‘‘fiscal
9 years 2025,’’.
10
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–
11
12
60 BLACKHAWK AIRCRAFT.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
13 Subject to section 3501 of title 10, United States Code,
14 the Secretary of the Army may enter into one or more
15 multiyear contracts, beginning with the fiscal year 2027
16 program year, for the procurement of UH–60 Blackhawk
17 aircraft.
18
19
(b) CONDITION
MENTS.—A
FOR
OUT-YEAR CONTRACT PAY-
contract entered into under subsection (a)
20 shall provide that any obligation of the United States to
21 make a payment under the contract for a fiscal year after
22 fiscal year 2027 is subject to the availability of appropria23 tions or funds for that purpose for such later fiscal year.
24
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
25 Secretary of the Army may enter into one or more con-
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1 tracts, beginning in fiscal year 2026, for advance procure2 ment associated with the aircraft for which authorization
3 to enter into a multiyear procurement contract is provided
4 under subsection (a), which may include procurement of
5 economic order quantities of material and equipment for
6 such aircraft when cost savings are achievable.
7
SEC. 113. AUTHORIZATION TO INITIATE EARLY PRODUC-
8
TION OF FUTURE LONG-RANGE ASSAULT AIR-
9
CRAFT.
10
(a) AUTHORIZATION.—The Secretary of the Army
11 may enter into contracts, in advance of full-rate produc12 tion, for the procurement of future long-range assault air13 craft as part of an accelerated low-rate early production
14 effort for such aircraft.
15
(b) OBJECTIVES.—In carrying out the early produc-
16 tion effort described in subsection (a), the Secretary of
17 the Army shall pursue the following objectives:
18
(1) To expedite delivery of future long-range as-
19
sault
20
warfighter.
aircraft
operational
capability
to
the
21
(2) To maintain momentum and learning con-
22
tinuity between test article completion and full pro-
23
duction ramp-up.
24
(3) To stabilize and retain the specialized work-
25
force and industrial base supporting future assault
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1
aircraft, including critical suppliers and production
2
facilities.
3
(4) To mitigate cost escalation risks and im-
4
prove program affordability across the life cycle.
5
(c) CONSIDERATIONS.—In executing the authority
6 provided by subsection (a), the Secretary shall—
7
(1) prioritize program continuity, cost-effi-
8
ciency, and workforce retention across the supply
9
chain for tiltrotor aircraft;
10
(2) ensure that aircraft procured as part of the
11
early production effort described in subsection (a)
12
incorporate lessons learned from test article evalua-
13
tions;
14
(3) maintain flexibility in design to accommo-
15
date future upgrades through the modular open sys-
16
tems architecture and digital backbone;
17
(4) ensure that the program completes a rig-
18
orous developmental test flight campaign prior to de-
19
livering the platform to the operational forces; and
20
(5) ensure that the program completes a rig-
21
orous operational test and evaluation prior to enter-
22
ing into full rate production.
23
(d) BRIEFING TO CONGRESS.—Not later than 180
24 days after the date of the enactment of this Act, the Sec-
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1 retary of the Army shall provide to the congressional de2 fense committees a briefing detailing—
3
(1) the implementation plan and timeline for
4
the procurement and early production effort de-
5
scribed in subsection (a);
6
(2) the status of industrial base readiness and
7
supply chain coordination in support of such early
8
production effort; and
9
(3) estimated long-term cost savings and oper-
10
ational benefits expected to be derived from such
11
early production effort.
12
SEC. 114. LIMITATION ON AVAILABILITY OF FUNDS FOR
13
THE NEXT GENERATION COMMAND AND CON-
14
TROL PORTFOLIO OF CAPABILITIES OF THE
15
ARMY.
16
Of the funds authorized to be appropriated by this
17 Act or otherwise made available for fiscal year 2026 for
18 the Department of the Army for the Army’s Next Genera19 tion Command and Control (NGC2) portfolio of capabili20 ties, not more than 50 percent may be obligated or ex21 pended until the Secretary of the Army submits to the
22 congressional defense committees a report that includes
23 the following:
24
(1) The Army’s detailed funding plans for cur-
25
rent and new procurements for experimentation and
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1
final fielding for its tactical network, and a cost and
2
capability assessment of current and proposed solu-
3
tions.
4
(2) Testing and fielding plans for any new pro-
5
curements for such network, including an expla-
6
nation of—
7
(A) how any new programs meet the resil-
8
iency requirements specified in section 168 of
9
the National Defense Authorization Act for Fis-
10
cal Year 2020 (Public Law 116–92; 133 Stat.
11
1251); and
12
(B) how any new programs will utilize
13
NSA High Assurance certified encryption and
14
decryption.
15
(3) Plans to integrate existing programs of
16
record with new programs of record and plans to en-
17
sure all systems are interoperable with both fielded
18
systems of the Army and the systems of foreign
19
partners.
20
(4) Plans to complete a developmental test cam-
21
paign and a formal operational test and evaluation
22
prior to fielding new capabilities to the operational
23
forces for use other than for experimentation.
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1
Subtitle C—Navy Programs
2
SEC. 121. MODIFICATION TO REQUIREMENTS FOR RECAPI-
3
TALIZATION
4
CRAFT OF THE NAVY RESERVE.
5
OF
TACTICAL
FIGHTER
AIR-
Section 127 of the National Defense Authorization
6 Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
7 1806) is amended by striking subsection (c) and inserting
8 the following:
9
‘‘(c) COVERED F–18 AIRCRAFT DEFINED.—In this
10 section, the term ‘covered F–18 aircraft’ means—
11
‘‘(1) the eight F/A–18E/F Super Hornet air-
12
craft procured using funds authorized and appro-
13
priated for the Navy during fiscal year 2023; or
14
‘‘(2) in lieu of an aircraft described in para-
15
graph (1), any Block II or newer F/A–18E/F tac-
16
tical fighter aircraft that—
17
‘‘(A) has a minimum of 2,000 flight hours
18
of service-life remaining airframe flight time
19
prior to the need for a required high flight-hour
20
inspection and Service Life Modification proc-
21
ess; and
22
‘‘(B) is included in the Naval Aviation
23
Master Aviation Plan and designated for the
24
Navy Reserve.
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1
‘‘(d) MASTER AVIATION PLAN.—In conjunction with
2 the activities required under this section, the Secretary of
3 the Navy shall ensure that the Naval Aviation Master
4 Aviation Plan remains up-to-date and relevant with re5 spect to aviation units of the Navy Reserve.’’.
6
SEC. 122. MODIFICATION TO LIMITATIONS ON NAVY ME-
7
DIUM AND LARGE UNMANNED SURFACE VES-
8
SELS.
9
(a) REPEAL.—Section 122 of the William M. (Mac)
10 Thornberry National Defense Authorization Act for Fiscal
11 Year 2021 (Public Law 116–283; 134 Stat. 3425) is re12 pealed.
13
(b) REQUIREMENT.—The Secretary of the Navy may
14 not award a detail design or construction contract or other
15 agreement, or obligate funds from a procurement account,
16 for a covered program unless such contract or other agree17 ment includes a requirement for an operational dem18 onstration of not less than 720 continuous hours without
19 preventative maintenance, corrective maintenance, emer20 gent repair, or any other form of repair or maintenance,
21 on any of the following:
22
23
(1) The main propulsion system, including the
fuel and lube oil systems.
24
25
(2) The electrical generation and distribution
system.
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1
(c) CERTIFICATION.—The Secretary of the Navy may
2 not accept delivery of articles constructed under a contract
3 or other agreement for a covered program until the Sec4 retary certifies to the congressional defense committees
5 that the operational demonstration described in subsection
6 (b) has been successfully completed.
7
(d) LIMITATION.—The Secretary of the Navy may
8 not make contract financing payments for a contract or
9 other agreement entered into for a covered program great10 er than 90 percent for small businesses and 80 percent
11 for all other businesses until the certification described in
12 subsection (c) is submitted.
13
(e) DEFINITIONS.—In this section:
14
15
(1) COVERED PROGRAM.—The term ‘‘covered
program’’ means a program for—
16
(A) medium unmanned surface vessels; or
17
(B) large unmanned surface vessels.
18
(2) OPERATIONAL DEMONSTRATION.—The term
19
‘‘operational demonstration’’ means a land-based or
20
sea-based test of the systems concerned in vessel-
21
representative form, fit, and function.
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1
SEC. 123. RECAPITALIZATION OF NAVY WATERBORNE SE-
2
CURITY BARRIERS; MODIFICATION OF PROHI-
3
BITION ON AVAILABILITY OF FUNDS FOR
4
LEGACY WATERBORNE SECURITY BARRIERS.
5
Section 130 of the John S. McCain National Defense
6 Authorization Act for Fiscal Year 2019 (Public Law 115–
7 232; 132 Stat. 1665), as most recently amended by sec8 tion 123 of the National Defense Authorization Act for
9 Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1805),
10 is further amended—
(1) in the section heading, by inserting ‘‘; RE-
11
12
CAPITALIZATION’’ after ‘‘BARRIERS’’;
13
(2) in subsection (a)—
14
(A) by striking ‘‘subsections (b) and (c)’’
15
and inserting ‘‘subsection (b)’’; and
16
(B) by striking ‘‘through 2025’’ and in-
17
serting ‘‘through 2026’’;
18
(3) by striking subsection (b);
19
(4) by redesignating subsections (c) and (d) as
20
subsections (b) and (c), respectively;
21
(5) in subsection (c), as so redesignated, by
22
striking ‘‘subsection (c)(2)’’ and inserting ‘‘sub-
23
section (b)(2)’’; and
24
(6) by adding at the end the following new sub-
25
section (d):
26
‘‘(d) RECAPITALIZATION.—
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1
‘‘(1) PLAN SUBMISSION.—
2
‘‘(A) IN GENERAL.—Not later than April
3
1, 2026, the Secretary of the Navy shall submit
4
to the congressional defense committees a re-
5
capitalization plan to replace legacy waterborne
6
security barriers for Navy ports.
7
8
‘‘(B) ELEMENTS.—The plan required by
subparagraph (A) shall include the following:
9
‘‘(i) A Navy requirements document
10
that specifies key performance parameters
11
and key system attributes for new water-
12
borne security barriers for Navy ports.
13
‘‘(ii) A certification that the level of
14
capability specified under clause (i) will ex-
15
ceed that of legacy waterborne security
16
barriers for Navy ports.
17
‘‘(iii) The acquisition strategy for the
18
recapitalization of waterborne security bar-
19
riers for Navy ports, which shall meet or
20
exceed the requirements specified under
21
clause (i).
22
‘‘(iv) A certification that any contract
23
for new waterborne security barriers for a
24
Navy port will be awarded in accordance
25
with the requirements for full and open
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1
competition set forth in sections 3201
2
through 3205 of title 10, United States
3
Code.
4
‘‘(2) IMPLEMENTATION.—The Secretary of the
5
Navy shall complete implementation of the plan re-
6
quired by paragraph (1) by not later than Sep-
7
tember 30, 2027.’’.
8
SEC. 124. CONTRACT AUTHORITY FOR FORD-CLASS AIR-
9
10
CRAFT CARRIER PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the
11 Navy may enter into one or more contracts for the pro12 curement of not more than two Ford-class aircraft car13 riers.
14
(b) AUTHORITY FOR ADVANCE PROCUREMENT AND
15 ECONOMIC ORDER QUANTITY.—The Secretary of the
16 Navy may enter into one or more contracts for advance
17 procurement, advance construction, and material and
18 equipment in economic order quantities associated with
19 the procurement of the Ford-class aircraft carriers for
20 which contracts are authorized under subsection (a).
21
(c) USE OF INCREMENTAL FUNDING.—With respect
22 to a contract entered into under subsection (a) or (b), the
23 Secretary of the Navy may use incremental funding to
24 make payments under the contract.
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1
(d) LIABILITY.—Any contract entered into under
2 subsection (a) or (b) shall provide that—
3
(1) any obligation of the United States to make
4
a payment under the contract is subject to the avail-
5
ability of appropriations for that purpose; and
6
(2) the total liability of the Federal Government
7
for termination of any contract entered into shall be
8
limited to the total amount of funding obligated to
9
the contract at time of termination.
10
SEC. 125. CONTRACT AUTHORITY FOR COLUMBIA-CLASS
11
12
SUBMARINE PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the
13 Navy may enter into a contract, beginning with fiscal year
14 2026, for the procurement of up to five Columbia-class
15 submarines.
16
(b) INCREMENTAL FUNDING.—With respect to a con-
17 tract entered into under subsection (a), the Secretary of
18 the Navy may use incremental funding to make payments
19 under the contract.
20
(c) FUNDING AND LIABILITY.—Any contract entered
21 into under subsection (a) shall provide that—
22
(1) any obligation of the United States to make
23
a payment under the contract is subject to the avail-
24
ability of appropriations for that purpose; and
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1
(2) the total liability of the Federal Government
2
for termination of any contract entered into shall be
3
limited to the total amount of funding obligated to
4
the contract at time of termination.
5
SEC. 126. AUTHORITY FOR ADVANCE PROCUREMENT OF
6
CERTAIN COMPONENTS TO SUPPORT CON-
7
TINUOUS PRODUCTION OF VIRGINIA-CLASS
8
SUBMARINES.
9
(a) IN GENERAL.—The Secretary of the Navy may
10 enter into one or more contracts, prior to ship authoriza11 tion, for the advance procurement of covered components
12 for Virginia-class submarines, including procurement of
13 such components in economic order quantities when cost
14 savings are achievable.
15
(b) FUNDING AND LIABILITY.—Any contract entered
16 into under subsection (a) shall provide that—
17
(1) any obligation of the United States to make
18
a payment under the contract is subject to the avail-
19
ability of appropriations for that purpose; and
20
(2) the total liability to the Federal Government
21
for termination of the contract shall be limited to
22
the total amount of funding obligated for the con-
23
tract at the time of termination.
24
(c) BUDGET REQUESTS.—In the budget justification
25 materials submitted in support of the budget of the De-
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1 partment of Defense (as submitted with the budget of the
2 President under section 1105(a) of title 31, United States
3 Code) for fiscal year 2027 and each fiscal year thereafter,
4 the Secretary of the Navy shall include a separate budget
5 display identifying the amounts requested pursuant to this
6 section set forth by the specific program, project, or activ7 ity under the Virginia-class submarine program for which
8 such funds are requested.
9
(d) COVERED COMPONENTS DEFINED.—In this sec-
10 tion, the term ‘‘covered components’’ means the following
11 components for Virginia-class submarines:
12
(1) Propulsion plant equipment.
13
(2) Diesel Systems and associated components.
14
(3) Castings, forgings, and tank structures.
15
(4) Air flasks.
16
(5) Payload tubes.
17
(6) Major valves and associated components.
18
(7) Hatches.
19
(8) Steering and dive components.
20
(9) Major pumps and motors.
21
(10) Snorkel mast and components.
22
(11) Torpedo tubes.
23
(12) Atmosphere control equipment.
24
(13) Bulkheads, decks, and associated equip-
25
ment.
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1
(14) SONAR arrays and associated compo-
2
nents.
3
(15) Electrical components, penetrators, and
4
associated equipment.
5
(16) Commodity material in support of manu-
6
7
facturing.
SEC.
127.
PROCUREMENT
8
9
AUTHORITIES
FOR
MEDIUM
LANDING SHIPS.
(a) CONTRACT AUTHORITY.—
10
(1) IN GENERAL.—The Secretary of the Navy
11
may enter into one or more contracts for the pro-
12
curement of not more than 15 Medium Landing
13
Ships.
14
(2) PROCUREMENT IN CONJUNCTION WITH EX-
15
ISTING CONTRACTS.—The
16
procured under paragraph (1) may be procured as
17
additions to existing contracts covering the Medium
18
Landing Ship program.
19
(b) CERTIFICATION REQUIRED.—A contract may not
ships authorized to be
20 be entered into under subsection (a) unless the Secretary
21 of the Navy certifies to the congressional defense commit22 tees, in writing, not later than 30 days before entry into
23 the contract, each of the following, which shall be prepared
24 by the milestone decision authority (as defined in section
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1 4251(e) of title 10, United States Code) for the Medium
2 Landing Ship program:
3
(1) The use of such a contract is consistent
4
with the Department of the Navy’s projected force
5
structure requirements for such ships.
6
(2) The use of such a contract will result in sig-
7
nificant savings compared to the total anticipated
8
costs of carrying out the program through annual
9
contracts.
10
(3) There is a reasonable expectation that
11
throughout the contemplated contract period the
12
Secretary of the Navy will request funding for the
13
contract at the level required to avoid contract can-
14
cellation.
15
(4) There is a stable design for the property to
16
be acquired and the technical risks associated with
17
such property are not excessive.
18
(5) The estimates of the cost of the contract
19
and the anticipated cost avoidance through the use
20
of the contract are realistic.
21
22
(6) During the fiscal year in which the contract
is to be awarded—
23
24
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1
(B) the future-years defense program sub-
2
mitted to Congress under section 221 of title
3
10, United States Code, for such fiscal year will
4
include the funding required to execute the pro-
5
gram without cancellation.
6
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
7 Secretary of the Navy may enter into one or more con8 tracts for advance procurement associated with the ships
9 for which authorization to enter into a contract is provided
10 under subsection (a), and for systems and subsystems as11 sociated with such ships in economic order quantities when
12 cost savings are achievable.
13
14
(d) CONDITION
MENTS.—A
FOR
OUT-YEAR CONTRACT PAY-
contract entered into under subsection (a)
15 shall provide that any obligation of the United States to
16 make a payment under the contract for a fiscal year is
17 subject to the availability of appropriations for that pur18 pose for such fiscal year.
19
(e) TERMINATION.—The authority of the Secretary
20 of the Navy to enter into contracts under subsection (a)
21 shall terminate on September 30, 2029.
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1
SEC. 128. MULTIYEAR PROCUREMENT AUTHORITY FOR
2
YARD,
3
BARGES.
4
REPAIR,
BERTHING,
AND
MESSING
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
5 Subject to section 3501 of title 10, United States Code,
6 the Secretary of the Navy may enter into one or more
7 multiyear contracts, beginning with the fiscal year 2026
8 program year, for the procurement of Yard, Repair,
9 Berthing, and Messing Barges and associated material.
10
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
11 Secretary of the Navy may enter into one or more con12 tracts, beginning in fiscal year 2026, for advance procure13 ment associated with the barges for which authorization
14 to enter into a multiyear procurement contract is provided
15 under subsection (a), which may include procurement of
16 economic order quantities of material and equipment for
17 such barges when cost savings are achievable.
18
(c) AVAILABILITY OF FUNDS AND TERMINATION LI-
19
ABILITY.—Any contract entered into under subsection (a)
20 shall provide that—
21
(1) any obligation of the United States to make
22
a payment under the contract is subject to the avail-
23
ability of appropriations for that purpose; and
24
(2) the total liability of the Federal Government
25
for termination of the contract shall be limited to
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1
the total amount of funding obligated to the contract
2
at the time of termination.
3
SEC. 129. VESSEL CONSTRUCTION MANAGERS FOR THE
4
CONSTRUCTION OF CERTAIN NAVY VESSELS.
5
(a) MEDIUM LANDING SHIPS.—
6
(1) IN GENERAL.—After the award of the lead
7
ship of the Medium Landing Ship program, the Sec-
8
retary of the Navy shall seek to enter into an agree-
9
ment with an appropriate vessel construction man-
10
ager pursuant to which the vessel construction man-
11
ager shall seek to enter into one or more contracts
12
for the construction of not more than 8 additional
13
landing ships under the program.
14
(2) REQUIREMENTS FOR ADDITIONAL SHIPS.—
15
The additional landing ships authorized to be con-
16
structed under paragraph (1) shall be nondevelop-
17
mental items constructed using a design that is—
18
(A) the same as the design of the lead
19
ship; or
20
(B) derived from such design.
21
(3) LEAD SHIP DEFINED.—In this subsection,
22
the term ‘‘lead ship’’ means the first landing ship
23
procured as a commercial or nondevelopmental item
24
as authorized under section 128(b) of the National
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1
Defense Authorization Act for Fiscal Year 2025
2
(Public Law 118–159; 138 Stat. 1807).
3
(b) LIGHT REPLENISHMENT OILERS.—The Sec-
4 retary of the Navy shall seek to enter into an agreement
5 with an appropriate vessel construction manager pursuant
6 to which the vessel construction manager shall seek to
7 enter into one or more contracts for the construction of
8 light replenishment oilers (TAO–L).
9
(c) AUXILIARY AND SUPPORT VESSELS.—The Sec-
10 retary of the Navy may enter into agreements with an ap11 propriate vessel construction manager pursuant to which
12 the vessel construction manager shall seek to enter into
13 one or more contracts for the construction of any auxiliary
14 vessel or support vessel of the Department of the Navy.
15
(d) DESIGN STANDARDS AND CONSTRUCTION PRAC-
16
TICES.—The Secretary of the Navy shall ensure that ves-
17 sels procured through subsections (b) and (c) by the Sec18 retary are, to the maximum extent practicable, con19 structed using commercial design standards and commer20 cial construction practices that are consistent with the
21 best interests of the Federal Government.
22
SEC. 130. LIMITATION ON CONSTRUCTION OF MODULAR AT-
23
24
TACK SURFACE CRAFT.
The Secretary of the Navy may not enter into a con-
25 tract or other agreement that includes a scope of work,
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1 including priced or unpriced options, for the construction,
2 advance procurement, or long-lead material for Modular
3 Attack Surface Craft Block 0 until the Secretary certifies
4 to the congressional defense committees that such vessels
5 will be purpose-built unmanned vessels engineered to oper6 ate without human support systems or operational re7 quirements intended for crewed vessels.
8
SEC. 131. LIMITATION ON AVAILABILITY OF FUNDS FOR
9
10
TAGOS SHIP PROGRAM.
(a) LIMITATION.—None of the funds authorized to
11 be appropriated by this Act or otherwise made available
12 for fiscal year 2026 for the Navy may be obligated or ex13 pended for the scope of work, including priced or unpriced
14 options, for the construction, advance procurement, or
15 long-lead material of any ships in the TAGOS surveillance
16 towed-array sensor system ship program unless the Sec17 retary of the Navy submits the report described in sub18 section (b) to the Committee on Armed Services of the
19 Senate and the Committee on Armed Services of the
20 House of Representatives not later than 90 days after the
21 date of the enactment of this Act.
22
(b) REPORT.—The Secretary of the Navy shall sub-
23 mit to the Committee on Armed Services of the Senate
24 and the Committee on Armed Services of the House of
25 Representatives a report on the following:
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1
(1) Progress made on basic and functional de-
2
sign completion for TAGOS surveillance towed-array
3
sensor system ships and how compliance with section
4
8669c of title 10, United States Code, will be main-
5
tained.
6
(2) The accuracy, timeliness, and completeness
7
of the Navy’s provisioning of contract baseline de-
8
sign, general arrangement drawings, and other gov-
9
ernment-furnished information to the prime con-
10
tractor for such ships.
11
(3) The ability of the functional design of such
12
ships to meet program requirements, including speed
13
requirements.
14
(4) The adherence of the Navy to performance-
15
based requirements and the ability of the prime con-
16
tractor for such ships to make design choices to
17
meet those requirements, commensurate with its re-
18
sponsibility for cost and schedule in the contract
19
structure.
20
(5) Alternative solutions to meeting the general
21
set of Navy requirements for anti-submarine warfare
22
covered by such ships, including unmanned solu-
23
tions.
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1
SEC. 132. INCLUSION OF INFORMATION ON AMPHIBIOUS
2
WARFARE SHIP SPARES AND REPAIR PARTS
3
IN
4
RIALS.
5
NAVY
BUDGET
JUSTIFICATION
MATE-
(a) IN GENERAL.—In the budget justification mate-
6 rials submitted to Congress in support of the Department
7 of the Defense budget for fiscal year 2027 and each fiscal
8 year thereafter (as submitted with the budget of the Presi9 dent under section 1105(a) of title 31, United States
10 Code), the Secretary of the Navy shall include information
11 on the costs of spare parts and repair parts for amphib12 ious warfare ships in the materials for other procurement,
13 Navy.
14
(b) AMPHIBIOUS WARFARE SHIP DEFINED.—In this
15 section, the term ‘‘amphibious warfare ship’’ has the
16 meaning given that term in section 8062(h) of title 10,
17 United States Code.
18
Subtitle D—Air Force Programs
19
SEC. 141. MODIFICATION OF MINIMUM INVENTORY RE-
20
QUIREMENTS FOR AIR REFUELING TANKER
21
AIRCRAFT.
22
(a) MINIMUM INVENTORY REQUIREMENT.—Section
23 9062(j) of title 10, United States Code, is amended—
24
(1) in paragraph (1), by striking ‘‘a total air-
25
craft inventory of air refueling tanker aircraft of not
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1
less than 466 aircraft.’’ and inserting ‘‘a total air-
2
craft inventory of air refueling tanker aircraft—
3
4
‘‘(A) of not less than 466 aircraft during the
period ending on September 30, 2026;
5
‘‘(B) of not less than 478 aircraft during the
6
period beginning on October 1, 2026, and ending on
7
September 30, 2027;
8
‘‘(C) of not less than 490 aircraft during the
9
period beginning on October 1, 2027, and ending on
10
September 30, 2028; and
11
12
‘‘(D) of not less than 502 aircraft beginning on
October 1, 2028.’’; and
13
(2) in paragraph (2), by striking ‘‘below 466’’
14
and inserting ‘‘below the applicable level specified in
15
paragraph (1)’’.
16
(b) RETENTION WITHIN AIRCRAFT INVENTORY.—
17 Such section is further amended—
18
19
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’;
20
21
(2) by redesignating paragraph (3) as paragraph (4); and
22
(3) by inserting after paragraph (2) the fol-
23
lowing new paragraph:
24
‘‘(3) In the case of a KC–135 aircraft that is replaced
25 in the aircraft inventory by a KC–46 aircraft, the Sec-
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1 retary of the Air Force may reassign the KC–135 aircraft
2 to any Air Refueling Wing that has the capacity to expand
3 its aircraft inventory to include such reassigned aircraft.
4 In determining whether an Air Refueling Wing has the
5 capacity to so expand its inventory, the Secretary shall
6 consider, among other things, the capacity of the Air Re7 fueling Wing to man the additional aircraft and support
8 pilot training requirements for the additional aircraft.’’.
9
(c) PROHIBITION ON REDUCTION OF KC–135 AIR-
10
CRAFT IN PRIMARY MISSION AIRCRAFT INVENTORY OF
11
THE RESERVE COMPONENTS.—
12
(1) IN GENERAL.—None of the funds author-
13
ized to be appropriated by this Act or otherwise
14
made available for fiscal year 2026 for the Air Force
15
may be obligated or expended to reduce the number
16
of KC–135 aircraft designated as primary mission
17
aircraft inventory within the reserve components of
18
the Air Force.
19
(2) PRIMARY
MISSION AIRCRAFT INVENTORY
20
DEFINED.—In
21
mission aircraft inventory’’ has the meaning given
22
that term in section 9062(i)(2)(B) of title 10,
23
United States Code.
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1
SEC. 142. MODIFICATION OF PROHIBITION ON RETIRE-
2
3
MENT OF F–15E AIRCRAFT.
(a) IN GENERAL.—Subsection (l) of section 9062 of
4 title 10, United States Code, is amended to read as fol5 lows:
6
‘‘(l)(1) During the covered period, the Secretary of
7 the Air Force may not retire more than a total of 51 F–
8 15E aircraft as follows:
9
‘‘(A) From the beginning of the covered period
10
through the end of fiscal year 2026, the Secretary
11
may not retire any F–15E aircraft.
12
13
‘‘(B) In fiscal year 2027, the Secretary may not
retire more than 21 F–15E aircraft.
14
‘‘(C) In fiscal year 2028, the Secretary may not
15
retire more than 30 F–15E aircraft.
16
‘‘(2) During the covered period the Secretary of the
17 Air Force may not—
18
‘‘(A) reduce funding for unit personnel or weap-
19
on system sustainment activities for retained F–15E
20
aircraft in a manner that presumes future congres-
21
sional authority to divest such aircraft; or
22
‘‘(B) keep an F–15E aircraft (other than an
23
aircraft identified for retirement under paragraph
24
(1)) in a status considered excess to the require-
25
ments of the possessing command and awaiting dis-
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1
position instructions (commonly referred to as ‘XJ’
2
status).
3
‘‘(3) In this subsection, the term ‘covered period’
4 means the period beginning on the date of the enactment
5 of the National Defense Authorization Act for Fiscal Year
6 2026 and ending on September 30, 2030.’’.
7
(b) REPEAL.—Section 150 of the National Defense
8 Authorization Act for Fiscal Year 2025 (Public Law 118–
9 159; 138 Stat. 1812) is amended—
10
(1) in the section heading, by striking ‘‘PROHI-
11
BITION ON RETIREMENT OF F–15E AIRCRAFT
12
AND’’;
13
(2) by striking subsection (a); and
14
(3) by redesignating subsections (b) and (c) as
15
subsections (a) and (b), respectively.
16
SEC. 143. EXTENSION OF LIMITATIONS AND MINIMUM IN-
17
VENTORY REQUIREMENT RELATING TO RQ–4
18
AIRCRAFT.
19
Section 9062(m)(1) of title 10, United States Code,
20 is amended, in the matter preceding subparagraph (A),
21 by striking ‘‘September 30, 2029’’ and inserting ‘‘Sep22 tember 30, 2030’’.
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1
SEC. 144. MODIFICATION TO ANNUAL REPORT ON AIR
2
FORCE TACTICAL FIGHTER AIRCRAFT FORCE
3
STRUCTURE.
4
Section 9062a(a) of title 10, United States Code, is
5 amended—
6
7
(1) by striking ‘‘2029’’ and inserting ‘‘2030’’;
and
8
9
10
(2) by striking ‘‘consultation’’ and inserting
‘‘coordination’’.
SEC. 145. EXTENSION OF REQUIREMENTS RELATING TO C–
11
130 AIRCRAFT.
12
(a) EXTENSION OF MINIMUM INVENTORY REQUIRE-
13
MENT.—Section 146(a)(3)(B) of the James M. Inhofe Na-
14 tional Defense Authorization Act for Fiscal Year 2023
15 (Public Law 117–263; 136 Stat. 2455), as most recently
16 amended by section 145(a) of the National Defense Au17 thorization Act for Fiscal Year 2025 (Public Law 118–
18 159; 138 Stat. 1810), is further amended by striking
19 ‘‘2025’’ and inserting ‘‘2026’’.
20
(b) EXTENSION OF PROHIBITION ON REDUCTION OF
21 C–130 AIRCRAFT ASSIGNED TO NATIONAL GUARD.—Sec22 tion 146(b)(1) of the James M. Inhofe National Defense
23 Authorization Act for Fiscal Year 2023 (Public Law 117–
24 263; 136 Stat. 2455), as most recently amended by sec25 tion 145(b) of the National Defense Authorization Act for
26 Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810),
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1 is further amended by striking ‘‘2025’’ and inserting
2 ‘‘2026’’.
3
(c) REPORT REQUIREMENT.—Not later than 180
4 days after the date of the enactment of this Act, the Sec5 retary of the Air Force shall submit to the congressional
6 defense committees a report detailing the following:
7
8
(1) The total number and variant types of C–
130 aircraft in the inventory of the Air Force.
9
10
(2) Any planned retirements, divestments, or
reductions to the fleet of such aircraft.
11
(3) Modernization and recapitalization efforts,
12
including block upgrades and procurement sched-
13
ules.
14
15
16
(4) Planned basing actions for fielding C–130J
aircraft to recapitalize C–130H aircraft.
SEC. 146. EXTENSION OF PROHIBITION ON CERTAIN RE-
17
DUCTIONS
18
SQUADRONS.
19
TO
B–1
BOMBER
AIRCRAFT
Subsection (d)(1) of section 133 of the National De-
20 fense Authorization Act for Fiscal Year 2022 (Public Law
21 117–81; 135 Stat. 1574), as most recently amended by
22 section 146 of the National Defense Authorization Act for
23 Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810),
24 is further amended by striking ‘‘September 30, 2026’’ and
25 inserting ‘‘September 30, 2030’’.
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1
SEC. 147. MODIFICATION TO MINIMUM INVENTORY RE-
2
QUIREMENT FOR A–10 AIRCRAFT.
3
(a) IN GENERAL.—Section 134(d) of the National
4 Defense Authorization Act for Fiscal Year 2017 (Public
5 Law 114–328; 130 Stat. 2038) is amended by striking
6 ‘‘96 A–10 aircraft designated as primary mission aircraft
7 inventory until a period of 90 days has elapsed following
8 the date on which the Secretary submits to the congres9 sional defense committees the report under subsection
10 (e)(2)’’ and inserting ‘‘93 A–10 aircraft designated as pri11 mary mission aircraft inventory until October 1, 2026’’.
12
(b) PROHIBITION ON RETIREMENT.—
13
(1) IN GENERAL.—During the period beginning
14
on October 1, 2025 and ending on September 30,
15
2026, the Secretary of the Air Force may not—
16
(A) reduce funding for unit personnel or
17
weapon system sustainment activities for A–10
18
aircraft in a manner that presumes future con-
19
gressional authority to divest such aircraft;
20
(B) keep an A–10 aircraft in a status con-
21
sidered excess to the requirements of the pos-
22
sessing command and awaiting disposition in-
23
structions (commonly referred to as ‘‘XJ’’ sta-
24
tus); or
25
26
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A–10 aircraft below 103 aircraft.
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1
(2) EXCEPTION.—The prohibition under para-
2
graph (1) shall not apply to individual A–10 aircraft
3
that the Secretary of the Air Force determines, on
4
a case-by-case basis, to be no longer mission capable
5
and uneconomical to repair because of aircraft acci-
6
dents, mishaps, or excessive material degradation
7
and non-airworthiness status of certain aircraft.
8
(c) BRIEFING REQUIRED.—Not later than March 31,
9 2026, the Secretary of the Air Force shall provide to the
10 Committees on Armed Services of the Senate and the
11 House of Representatives a briefing on the status of A–
12 10 aircraft inventory and the proposed plan for divesting
13 all A–10 aircraft prior to fiscal year 2029. The briefing
14 shall cover, at a minimum, the following:
15
(1) The number of A–10 Total Aircraft Inven-
16
tory aircraft disaggregated by Combat Coded Air-
17
craft, Primary Mission Aircraft Inventory, Backup
18
Aircraft Assigned, Attrition Reserve, tail number,
19
and location.
20
21
(2) The planned divestment date of each such
aircraft.
22
(3) The detailed plan for how and when the
23
Secretary proposes to proceed with divestment of
24
aircraft for each A–10 unit prior to fiscal year 2029.
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1
(4) The aircraft transition plan for replacing
2
A–10 aircraft with new or existing replacement air-
3
craft in each unit that is divesting of the A–10 air-
4
craft, which shall include an explanation of—
5
(A) how the Secretary plans to minimize
6
adverse personnel impacts within such units, in-
7
cluding adverse impacts with respect to reten-
8
tion, currency, proficiency, qualifications, cer-
9
tifications, and training; and
10
(B) how the Secretary plans to minimize
11
or eliminate any scheduling gap that may occur
12
with respect to a unit divesting from the A–10
13
aircraft and transitioning to a new or existing
14
replacement aircraft.
15
(5) The information and content format that
16
was provided in the briefing to the Committees on
17
Armed Services of the Senate and the House of Rep-
18
resentatives by the Headquarters Air Force, Deputy
19
Chief of Staff for Plans and Programs (HAF/A8),
20
on February 13, 2023, titled ‘‘A–10 Divestment
21
Placemats’’.
22
23
(6) Any other information the Secretary determines relevant.
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1
2
SEC. 148. PRESERVATION OF RETIRED KC–10 AIRCRAFT.
(a) IN GENERAL.—The Secretary of the Air Force
3 shall preserve each retired KC–10 aircraft in the same
4 storage condition in which such aircraft was preserved as
5 of September 30, 2025.
6
(b) AUTHORITY TO DISPOSE OF PRESERVED AIR-
7
CRAFT.—A KC–10 aircraft preserved under subsection (a)
8 may be disposed of in accordance with chapter 5 of title
9 40, United States Code.
10
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO IN-
11
VENTORY OF E–3 AIRBORNE WARNING AND
12
CONTROL SYSTEM AIRCRAFT.
13
(a) PROHIBITION.—None of the funds authorized to
14 be appropriated by this Act or otherwise made available
15 for fiscal year 2026 for the Air Force may be obligated
16 or expended to retire, prepare to retire, or place in storage
17 or in backup aircraft inventory any E–3 aircraft if such
18 actions would reduce the total aircraft inventory for such
19 aircraft below 16.
20
(b) EXCEPTION FOR PLAN.—If the Secretary of the
21 Air Force submits to the congressional defense committees
22 a plan for maintaining readiness and ensuring there is no
23 lapse in mission capabilities, the prohibition under sub24 section (a) shall not apply to actions taken to reduce the
25 total aircraft inventory for E–3 aircraft to below 16, be-
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1 ginning 30 days after the date on which the plan is so
2 submitted.
3
4
(c) EXCEPTION
FOR
E–7 AIRCRAFT PROCURE-
MENT.—If the Secretary of the Air Force procures enough
5 E–7 Wedgetail aircraft to accomplish the required mission
6 load, the prohibition under subsection (a) shall not apply
7 to actions taken to reduce the total aircraft inventory for
8 E–3 aircraft to below 16 after the date on which such E–
9 7 Wedgetail aircraft are delivered.
10
SEC. 150. B–21 BOMBER AIRCRAFT PROGRAM ACCOUNT-
11
12
ABILITY MATRICES.
(a) SUBMITTAL OF MATRICES.—Concurrent with the
13 President’s annual budget request submitted to Congress
14 under section 1105 of title 31, United States Code, for
15 fiscal year 2027, the Secretary of the Air Force shall sub16 mit to the congressional defense committees and the
17 Comptroller General of the United States—
18
19
(1) the matrices described in subsection (b) relating to the B–21 bomber aircraft program; and
20
(2) the estimate, as of the date of such submis-
21
sion, for the program’s average procurement unit
22
cost, acquisition unit cost, and life-cycle costs.
23
(b) MATRICES DESCRIBED.—The matrices described
24 in this subsection are the following:
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1
(1) PROGRAM GOALS AND EXECUTION.—A ma-
2
trix that identifies, in six-month increments, plans
3
for and progress in achieving key milestones and
4
events, and specific performance metric goals and
5
actuals
6
sustainment of the B–21 bomber aircraft program,
7
which shall be subdivided, at a minimum, according
8
to the following:
for
the
development,
production,
and
9
(A) Technology readiness levels of major
10
components, and associated risks and key dem-
11
onstration events through maturity (technology
12
readiness level 7) for baseline and moderniza-
13
tion efforts.
14
15
16
17
(B) Engine design maturity, and plans and
progress of engine test events.
(C) Software development progress and related metrics, including—
18
(i) percent of capabilities complete
19
and system features complete; and
20
(ii) software quality metrics.
21
(D) Manufacturing progress and related
22
metrics for the prime contractor and key sup-
23
pliers, including—
24
25
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through level 8;
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1
(ii) touch labor hours; and
2
(iii) scrap, rework, and repair.
3
(E) System verification and key ground
4
and flight test events for developmental and
5
operational testing, including—
6
(i) percent complete;
7
(ii) time on condition;
8
(iii) sorties; and
9
(iv) test points.
10
(F) Aircraft reliability, availability, and
11
maintainability metrics, including—
12
(i) mean time to repair;
13
(ii) operational availability;
14
(iii) mission capable; and
15
(iv) cost per flying hour.
16
(G) Operations and sustainment plans and
17
progress, including—
18
(i) main operating base setup;
19
(ii) training system deliveries;
20
(iii) depot maintenance; and
21
(iv) technology data packages.
22
(2) COST.—A matrix expressing, in six-month
23
increments, the total cost for the Air Force service
24
cost position for the engineering and manufacturing
25
development phase and production lots of the B–21
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1
bomber aircraft, and a matrix expressing the total
2
cost for the prime contractor’s estimate for such
3
phase and production lots, each of which shall be
4
phased over the entire engineering and manufac-
5
turing development period and subdivided according
6
to the costs of the following:
7
(A) Air vehicle.
8
(B) Propulsion.
9
(C) Mission systems.
10
(D) Vehicle subsystems.
11
(E) Air vehicle software.
12
(F) Systems engineering.
13
(G) Program management.
14
(H) System test and evaluation.
15
(I) Support and training systems.
16
(J) Contract fee.
17
(K) Engineering changes.
18
(L) Direct mission support, including con-
19
gressional general reductions.
20
(M) Government testing.
21
(c) SEMIANNUAL UPDATE OF MATRICES.—
22
(1) IN GENERAL.—Not later than 180 days
23
after the date on which the Secretary of the Air
24
Force submits the matrices required by subsection
25
(a), concurrent with the submittal of each annual
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1
budget request to Congress under section 1105 of
2
title 31, United States Code, thereafter, and not
3
later than 180 days after each such submittal, the
4
Secretary of the Air Force shall submit to the con-
5
gressional defense committees and the Comptroller
6
General updates to the matrices described in sub-
7
section (b).
8
(2) ELEMENTS.—Each update submitted under
9
paragraph (1) shall detail progress made toward the
10
goals identified in the matrix described in subsection
11
(b)(1) and provide updated cost estimates.
12
(d) ASSESSMENT BY COMPTROLLER GENERAL OF
13
THE UNITED STATES.—Not less frequently than annually,
14 the Comptroller General shall—
15
16
(1) review the sufficiency of each matrix received under this section; and
17
(2) submit to the congressional defense commit-
18
tees an assessment of such matrix, including by
19
identifying cost, schedule, or performance trends.
20
(e) REPEAL.—Section 238 of the National Defense
21 Authorization Act for Fiscal Year 2017 (Public Law 114–
22 328; 130 Stat. 2067) is repealed.
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1
SEC. 151. BOMBER AIRCRAFT FORCE STRUCTURE AND
2
3
TRANSITION ROADMAP.
(a) IN GENERAL.—Not later than 180 days after the
4 date of the enactment of this Act, the Secretary of the
5 Air Force shall submit to the congressional defense com6 mittees a comprehensive roadmap detailing the planned
7 force structure, basing, modernization, and transition
8 strategy for the bomber aircraft fleet of the Air Force
9 through fiscal year 2040.
10
(b) ELEMENTS.—The roadmap required by sub-
11 section (a) shall include the following:
12
(1) A detailed schedule and rationale for the
13
planned divestment of B–1 bomber aircraft, includ-
14
ing location-specific retirements, infrastructure dis-
15
position, and mitigation of any resulting capability
16
gaps.
17
(2) A transition plan for the operational field-
18
ing of B–21 bomber aircraft, including basing deci-
19
sions, training and sustainment plans, operational
20
concepts, and anticipated initial operational capa-
21
bility and full operational capability timelines.
22
(3) A strategy for integrating units of the Air
23
National Guard and the Air Force Reserve into B–
24
21 bomber aircraft operations, including planned
25
force structure, association, training, and mobiliza-
26
tion models.
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1
(4) An update on—
2
(A) modernization efforts for B–52 bomber
3
aircraft, including engine replacement, radar
4
upgrades, and digital integration efforts; and
5
(B) the expected service life and mission
6
profile of B–52 bomber aircraft through the
7
2050s.
8
(5) A detailed timeline with key milestones for
9
each of the elements described in paragraphs (1)
10
through (4), including programmatic decision points,
11
resourcing requirements, risk assessments, and co-
12
ordination with other components of the Air Force
13
Global Strike Command and the Air Combat Com-
14
mand.
15
(c) OBJECTIVE.—The roadmap required by sub-
16 section (a) shall support a deliberate and balanced transi17 tion to a modernized, dual-capable bomber aircraft force
18 that ensures long-range strike capacity, survivability, and
19 deterrence in both nuclear and conventional mission sets,
20 with a minimum of 100 B–21 bomber aircraft.
21
(d) FORM.—The roadmap required by subsection (a)
22 shall be submitted in unclassified form, but may include
23 a classified annex.
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1
SEC. 152. REQUIREMENT FOR AN INTELLIGENCE, SURVEIL-
2
LANCE,
3
FOR THE AIR FORCE.
4
AND
RECONNAISSANCE
ROADMAP
(a) IN GENERAL.—Not later than October 1, 2026,
5 the Secretary of the Air Force shall submit to the congres6 sional defense committees a comprehensive roadmap de7 tailing the strategic plan for the development, acquisition,
8 modernization, and integration of intelligence, surveil9 lance, and reconnaissance (ISR) capabilities of the Air
10 Force.
11
(b) ELEMENTS.—The roadmap required by sub-
12 section (a) shall include the following:
13
(1) A strategic assessment of current (as of the
14
date on which the roadmap is submitted) and pro-
15
jected intelligence, surveillance, and reconnaissance
16
requirements for the Air Force across all domains,
17
including air, space, and cyberspace.
18
(2) An inventory of current (as of the date on
19
which the roadmap is submitted) intelligence, sur-
20
veillance, and reconnaissance platforms, sensors, and
21
associated data-processing systems, including the
22
mission capabilities, operational status, and expected
23
service life for each.
24
(3) A plan for the modernization or divestment
25
of legacy airborne intelligence, surveillance, and re-
26
connaissance systems, with individualized justifica-
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1
tion of the modernization or divestment plan for
2
each such legacy system.
3
(4) A detailed outline of planned investments
4
and capabilities in emerging intelligence, surveil-
5
lance, and reconnaissance technologies, including—
6
(A) artificial intelligence;
7
(B) machine learning;
8
(C) space-based intelligence, surveillance,
9
and reconnaissance; and
10
(D) autonomous or remotely piloted plat-
11
forms.
12
(5) An assessment of the integration of intel-
13
ligence, surveillance, and reconnaissance data into
14
command and control networks, including interoper-
15
ability with joint, interagency, and allied partners.
16
17
(6) A risk assessment identifying potential capability gaps, threats, and mitigation strategies.
18
(7) A description of the roles and responsibil-
19
ities of the components of the intelligence, surveil-
20
lance, and reconnaissance effort of the Air Force in
21
implementing the roadmap.
22
(8) A proposed timeline and milestones for the
23
implementation of the roadmap over the next ten fis-
24
cal years.
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1
SEC. 153. REPORT ON THE F–47 ADVANCED FIGHTER AIR-
2
3
CRAFT PROGRAM.
(a) IN GENERAL.—Not later than March 1, 2027, the
4 Secretary of the Air Force shall submit to the congres5 sional defense committees a report on the F–47 advanced
6 fighter aircraft program.
7
(b) ELEMENTS.—The report required under sub-
8 section (a) shall include following:
9
(1) A description of the F–47 aircraft program,
10
including system requirements, employment con-
11
cepts, and projected costs, schedule, and funding re-
12
quirements over the period covered by the program
13
objective memorandum process for fiscal years 2028
14
through 2034.
15
(2) The acquisition strategy for the F–47 pro-
16
gram of record, including consideration of imple-
17
menting a middle tier acquisition pathway or major
18
capability acquisition pathway (as such terms are
19
defined in Department of Defense Instruction
20
5000.85, titled ‘‘Major Capability Acquisition’’ and
21
issued on August 6, 2020 (or a successor instruc-
22
tion)).
23
24
(3) A proposed fielding strategy for the F–47
aircraft, including—
25
26
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1
(B) strategic basing considerations;
2
(C) an estimate of military construction re-
3
quirements;
4
(D) an estimate of personnel training re-
5
quirements; and
6
(E) a strategy for integrating units of the
7
Air National Guard and Air Force Reserve into
8
F–47 fighter aircraft operations, including
9
planned force structure, association, training,
10
and mobilization models.
11
(c) FORM.—The report required under subsection (a)
12 shall be submitted in unclassified form but may contain
13 a classified annex.
14
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS PEND-
15
ING REPORT ON ACQUISITION STRATEGY
16
FOR AIRBORNE COMMAND POST CAPABILITY.
17
Of the funds authorized to be appropriated by this
18 Act or otherwise made available for fiscal year 2026 for
19 operation and maintenance, Air Force, and available to
20 the Office of the Secretary of the Air Force for travel ex21 penses, not more than 80 percent may be obligated or ex22 pended until the date on which the Secretary, in consulta23 tion with the Commander of the United States Strategic
24 Command, submits to the congressional defense commit25 tees a report on the acquisition strategy of the Air Force
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1 to maintain the Airborne Command Post capability, in2 cluding—
3
(1) options to expand production of the C–
4
130J–30 Super Hercules aircraft to provide addi-
5
tional airframes to preserve the Airborne Command
6
Post capability; and
7
(2) an outline of the future relationship of the
8
Airborne Command Post capability with the Sec-
9
ondary Launch Platform–Airborne effort.
11
Subtitle E—Defense-wide, Joint,
and Multiservice Matters
12
SEC. 161. REQUIREMENTS RELATING TO EXECUTIVE AIR-
10
13
14
LIFT AIRCRAFT.
(a) ANALYSIS OF ALTERNATIVES.—
15
(1) IN GENERAL.—The Secretary of Defense, in
16
consultation with the Secretaries of the military de-
17
partments, shall conduct an analysis of alternatives
18
to identify potential solutions for the recapitalization
19
of the executive airlift aircraft fleets of the Armed
20
Forces. In conducting such analysis, the Secretary of
21
Defense shall seek to identify aircraft solutions that
22
have capabilities comparable to the capabilities of
23
commercial passenger aircraft in terms of range.
24
25
(2) TIMELINE.—The Secretary of Defense
shall—
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1
(A) initiate the analysis of alternatives re-
2
quired under paragraph (1) not later than 30
3
days after the date of the enactment of this
4
Act; and
5
(B) complete such analysis not later than
6
April 1, 2026.
7
(3) REPORT.—Not later than 60 days after
8
completing the analysis of alternatives required
9
under paragraph (1), the Secretary of Defense shall
10
submit to the Committees on Armed Services of the
11
Senate and the House of Representatives a report on
12
the results of the analysis.
13
(b) RESPONSIBILITIES.—
14
15
(1) IN GENERAL.—Section 120(b) of title 10,
United States Code, is amended—
16
(A) by striking paragraph (2);
17
(B) by redesignating paragraph (3) as
18
paragraph (4); and
19
(C) by inserting after paragraph (1) the
20
21
following new paragraphs:
‘‘(2) The Secretary of Defense shall establish stand-
22 ards for prioritizing access to executive aircraft controlled
23 by the Secretaries of the military departments among au24 thorized users of such aircraft within the Federal Govern25 ment.
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1
‘‘(3) The Secretary of Defense shall assign a career
2 appointee (as that term is defined in section 3132(a) of
3 title 5) in the Senior Executive Service of the Department
4 of Defense to coordinate the efficient tasking of executive
5 aircraft controlled by the Secretaries of the military de6 partments and compliance with rules, regulations, policies,
7 and guidance relating to such aircraft, including the
8 standards established under paragraph (2). The career ap9 pointee shall, as determined by the Secretary of Defense,
10 have knowledge and experience relating to executive air11 craft, including familiarity with the executive aircraft
12 fleets controlled by the Secretaries of the military depart13 ments and procedures for the prioritization of executive
14 aircraft users.’’.
15
16
(2) TIMELINES.—The Secretary of Defense
shall—
17
(A) establish the standards required by
18
paragraph (2) of such section 120(b) (as
19
amended by this section) not later than Decem-
20
ber 1, 2025; and
21
(B) assign the career appointee required
22
by paragraph (3) of such section 120(b) (as
23
amended by this section) not later than Janu-
24
ary 1, 2026.
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1
SEC. 162. AMENDMENTS TO PROHIBITION ON OPERATION,
2
PROCUREMENT,
3
LATED TO FOREIGN-MADE LIGHT DETECTION
4
AND RANGING.
5
AND
CONTRACTING
RE-
Section 164 of the National Defense Authorization
6 Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C.
7 4651 note prec.) is amended—
8
(1) in subsection (a)—
9
(A) in the matter preceding paragraph (1),
10
by striking ‘‘shall not operate’’ and inserting
11
‘‘may not operate,’’;
12
(B) by amending paragraph (1) to read as
13
follows:
14
‘‘(1) covered LiDAR technology; or’’; and
15
(C) in paragraph (2), by inserting ‘‘cov-
16
ered’’ before ‘‘LiDAR technology’’;
17
(2) by redesignating subsection (e) as sub-
18
section (f);
19
(3) by inserting after subsection (d) the fol-
20
lowing new subsection:
21
‘‘(e) MITIGATION OF RISK OF USE OF COVERED
22 LIDAR TECHNOLOGY.—
23
‘‘(1) STRATEGY REQUIRED.—The Secretary of
24
Defense shall develop a strategy to mitigate the risk
25
to the Department of Defense of the use of covered
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1
LiDAR technology by defense contractors and sub-
2
contractors (at any tier).
3
4
‘‘(2) ELEMENTS.—In developing the strategy
required by paragraph (1), the Secretary shall—
5
‘‘(A) publish a list of covered LiDAR com-
6
panies in the Federal Register;
7
‘‘(B) conduct an assessment of the poten-
8
tial risks to the Department associated with the
9
use of covered LiDAR technology by defense
10
contractors, including an assessment of the se-
11
verity and likelihood of occurrence of each such
12
risk and a prioritization of such risks; and
13
‘‘(C) solicit input from defense contractors
14
and subcontractors (at any tier) to identify ef-
15
fective approaches to reducing or eliminating
16
use of covered LiDAR technology by such con-
17
tractors and subcontractors.
18
‘‘(3) IMPLEMENTATION.—Not later than June
19
1, 2027, the Secretary shall implement the strategy
20
required by paragraph (1). Such strategy shall ac-
21
tively monitor risk mitigation measures related to
22
the use of covered LiDAR technology by defense
23
contractors based on the assessment conducted and
24
the input received under paragraph (2).’’; and
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1
2
(4) in subsection (f) (as so redesignated), by
amending paragraph (3) to read as follows:
3
‘‘(3) The term ‘covered LiDAR technology’
4
means LiDAR technology and any related services
5
and equipment—
6
‘‘(A) manufactured by a covered LiDAR
7
company;
8
‘‘(B) uses operating software developed in
9
a covered foreign country or by an entity domi-
10
ciled in a covered foreign country; or
11
‘‘(C) uses network connectivity or data
12
storage located in a covered foreign country or
13
administered by an entity domiciled in a cov-
14
ered foreign country.’’.
15
SEC. 163. PROHIBITION ON AVAILABILITY OF FUNDS FOR
16
CONTRACT TERMINATION OR PRODUCTION
17
LINE SHUTDOWN FOR E–7A WEDGETAIL AIR-
18
CRAFT.
19
None of the funds authorized to be appropriated by
20 this Act or otherwise made available for fiscal year 2026
21 for the Department of Defense may be obligated or ex22 pended—
23
24
(1) to terminate the mid-tier acquisition rapid
prototype contract for the E–7A aircraft; or
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1
(2) to terminate the operations of, or to prepare
2
to terminate the operations of, a production line for
3
the E–7A aircraft.
4
SEC. 164. LIMITATION ON PROCUREMENT OF KC–46 AIR-
5
CRAFT PENDING CERTIFICATION ON COR-
6
RECTION OF DEFICIENCIES.
7
(a) LIMITATION.—The Secretary of Defense may not
8 accept or take delivery of covered KC–46 aircraft in excess
9 of the maximum quantity specified in subsection (c) until
10 the Secretary—
11
(1) certifies to the congressional defense com-
12
mittees that the Secretary has developed and is im-
13
plementing a plan of corrective actions and mile-
14
stones to resolve all Category 1 deficiencies identi-
15
fied with respect to KC–46 aircraft; and
16
17
(2) submits such plan to such committees,
which shall include—
18
(A) an estimate of the total amount of
19
funds required to complete implementation of
20
the plan;
21
22
23
24
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achieve the objectives of the plan; and
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1
(b) FORM.—The plan described in subsection (a)(2)
2 shall be submitted in unclassified form, but may contain
3 a classified annex.
4
(c) MAXIMUM QUANTITY.—The maximum quantity
5 of covered KC–46 aircraft specified in this subsection is
6 188 aircraft.
7
(d) COVERED KC–46 AIRCRAFT DEFINED.—In this
8 section, the term ‘‘covered KC–46 aircraft’’ means new
9 production KC–46 aircraft the procurement of which is
10 fully funded by the United States.
11
SEC. 165. PLAN FOR OPEN MISSION SYSTEMS OF F–35 AIR-
12
13
CRAFT.
(a) IN GENERAL.—The Secretary of Defense shall
14 develop a plan to establish an open mission systems com15 puting environment that is controlled by the Federal Gov16 ernment on the F–35 aircraft of the Department of De17 fense.
18
(b) ELEMENTS.—The plan required under subsection
19 (a) shall do the following:
20
(1) Enable the portability of software applica-
21
tions between the F–35 aircraft, the F–22 aircraft,
22
and the Next Generation Air Dominance initiative of
23
the Air Force.
24
(2) Enable the integration of new open mission
25
system software, or changes to existing open mission
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1
system software, with minimal integration work re-
2
quired by the prime contractor of the air vehicle.
3
(3) Eliminate or minimize aircraft airworthiness
4
impacts due to software changes within the open
5
mission systems computing environment.
6
7
(4) Enable the rapid upgrade of onboard processors.
8
9
(5) Leverage a Federal Government reference
architecture.
10
(6) Ensure control by the Federal Government
11
over the airworthiness and security processes, as well
12
as ownership by the Federal Government of the open
13
mission system technical documentation and data
14
rights.
15
(7) Be capable of connection to all relevant air-
16
craft apertures sufficient to meet current and future
17
combat requirements, including cockpit connectivity
18
via ethernet.
19
(8) Leverage modern commercial software lan-
20
guages and techniques necessary to support reliable,
21
high-throughput, and low-latency use-cases.
22
(9) Be applicable across all blocks and variants
23
of the F–35 aircraft.
24
(c) REPORT.—
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1
(1) IN GENERAL.—Not later than July 1, 2026,
2
the Secretary of Defense shall submit to the con-
3
gressional defense committees a report that includes
4
the plan required under subsection (a).
5
(2) FORM.—The report required under para-
6
graph (1) shall be submitted in unclassified form,
7
but may contain a classified annex.
8
SEC. 166. ANNUAL GAO REVIEWS OF THE F–35 AIRCRAFT
9
10
PROGRAM.
(a) ANNUAL REVIEWS AND REPORTS.—Not later
11 than March 1, 2026, and not later than March 1 of each
12 year thereafter through March 1, 2030, the Comptroller
13 General of the United States shall—
14
15
(1) complete a review of the F–35 aircraft program; and
16
(2) submit to the congressional defense commit-
17
tees a report on the results of the review.
18
(b) ELEMENTS.—Each review and report under sub-
19 section (a) shall include an assessment of—
20
21
(1) the cost, scope, and schedule of the F–35
aircraft program and its subprograms;
22
23
(2) the status of the efforts of the Department
of Defense to modernize the F–35 aircraft; and
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1
(3) such other matters relating to the F–35 air-
2
craft program as the Comptroller General deter-
3
mines appropriate.
TITLE II—RESEARCH, DEVELOP5
MENT, TEST, AND EVALUA6
TION
4
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification to authority to award prizes for advanced technology
achievements.
Sec. 212. Modification to mechanisms to provide funds to defense laboratories
and other entities for research and development of technologies
for military missions.
Sec. 213. Program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 214. Modification to authority for acquisition, construction, or furnishing
of test facilities and equipment.
Sec. 215. Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions.
Sec. 216. Modification of requirement for Department of Defense policies for
management and certification of Link 16 military tactical data
link network.
Sec. 217. Extension of authority for assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical research and development expertise.
Sec. 218. Alternative test and evaluation pathway for designated defense acquisition programs.
Sec. 219. Congressionally directed programs for test and evaluation oversight.
Sec. 220. Application of software innovation to modernize test and evaluation
infrastructure.
Sec. 221. Review and alignment of standards, guidance, and policies relating to
digital engineering.
Sec. 222. Catalyst Pathfinder Program.
Sec. 223. Modifications to defense research capacity building program.
Sec. 224. National Security and Defense Artificial Intelligence Institute.
Sec. 225. Advanced robotic automation for munitions manufacturing.
Sec. 226. Evaluation of additional test corridors for hypersonic and long-range
weapons.
Sec. 227. Western regional range complex demonstration.
Sec. 228. Demonstration of near real-time monitoring capabilities to enhance
weapon system platforms.
Sec. 229. Pilot program on modernized health and usage monitoring systems to
address obsolescence in rotary-wing and tiltrotor aircraft.
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Sec. 230. Prohibition on modification of indirect cost rates for institutions of
higher education and nonprofit organizations.
Sec. 231. Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office.
Sec. 232. Limitation on availability of funds for realignment of research, development, test, and evaluation functions of Joint conventional armaments and ammunition.
Sec. 233. Limitation on use of funds for certain Navy software.
Sec. 234. Limitation on availability of funds for Under Secretary of Defense for
Research and Engineering pending report on study results.
Subtitle C—Biotechnology Matters
Sec. 241. Support for research and development of bioindustrial manufacturing
processes.
Sec. 242. Biotechnology Management Office.
Sec. 243. Bioindustrial commercialization program.
Sec. 244. Biotechnology supply chain resiliency program.
Sec. 245. Biological data for artificial intelligence.
Sec. 246. Department of Defense biotechnology strategy.
Sec. 247. Ethical and responsible development and deployment of biotechnology
within the Department of Defense.
Sec. 248. Establishing biobased product merit guidance.
Subtitle D—Plans, Reports, and Other Matters
Sec. 251. Modification of energetic materials strategic plan and investment
strategy of Joint Energetics Transition Office.
Sec. 252. Extension of period for annual reports on critical technology areas
supportive of the National Defense Strategy.
Sec. 253. Quarterly briefings on research, development, test, and evaluation
laboratories and facilities.
Subtitle A—Authorization of
Appropriations
1
2
3
4
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
5 fiscal year 2026 for the use of the Department of Defense
6 for research, development, test, and evaluation, as speci7 fied in the funding table in section 4201.
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Subtitle
B—Program
Require2
ments, Restrictions, and Limita3
tions
1
4
SEC. 211. MODIFICATION TO AUTHORITY TO AWARD PRIZES
5
FOR
6
MENTS.
7
ADVANCED
TECHNOLOGY
ACHIEVE-
(a) AUTHORITY.—Subsection (a) of section 4025 of
8 title 10, United States Code, is amended by inserting after
9 ‘‘the Under Secretary of Defense for Acquisition and
10 Sustainment,’’ the following: ‘‘the Director of the Defense
11 Innovation Unit,’’.
12
(b) MAXIMUM AMOUNT OF AWARD PRIZES.—Sub-
13 section (c) of such section is amended—
14
15
(1) in paragraph (1) by striking ‘‘$10,000,000’’
and inserting ‘‘$20,000,000’’;
16
17
(2) in paragraph (2) by striking ‘‘$1,000,000’’
and inserting ‘‘$2,000,000’’; and
18
(3) in paragraph (3) by striking ‘‘$10,000’’ and
19
inserting ‘‘$20,000’’.
20
(c) CONGRESSIONAL NOTIFICATION THRESHOLD.—
21 Subsection (g)(1) of such section is amended by striking
22 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’.
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1
SEC. 212. MODIFICATION TO MECHANISMS TO PROVIDE
2
FUNDS TO DEFENSE LABORATORIES AND
3
OTHER ENTITIES FOR RESEARCH AND DE-
4
VELOPMENT OF TECHNOLOGIES FOR MILI-
5
TARY MISSIONS.
6
Section 4123 of title 10, United States Code, is
7 amended—
8
(1) in the section heading, by inserting ‘‘and
9
test organizations’’ after ‘‘defense labora-
10
tories’’;
11
12
(2) by inserting ‘‘or test organization’’ after
‘‘laboratory’’ each place it appears;
13
14
(3) in subsection (a)(3), by inserting ‘‘or test
organizations’’ after ‘‘laboratories’’; and
15
(4) by adding at the end the following new sub-
16
section:
17
‘‘(d) TEST ORGANIZATION DEFINED.—In this sec-
18 tion, the term ‘test organization’ means a test organiza19 tion of the Major Range and Test Facility Base specified
20 in Department of Defense Directive 3200.11 or any suc21 cessor directive.’’.
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1
SEC. 213. PROGRAM FOR THE ENHANCEMENT OF THE RE-
2
SEARCH, DEVELOPMENT, TEST, AND EVALUA-
3
TION CENTERS OF THE DEPARTMENT OF DE-
4
FENSE.
5
(a) MAKING PERMANENT AND IMPROVING PILOT
6 PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH,
7 DEVELOPMENT, TEST, AND EVALUATION CENTERS OF
8
THE DEPARTMENT OF DEFENSE.—Chapter 305 of title
9 10, United States Code, is amended by adding at the end
10 the following new section:
11 ‘‘§ 4145. Program for the enhancement of the re12
search, development, test, and evaluation
13
centers of the Department of Defense
14
‘‘(a) IN GENERAL.—The Secretary of Defense and
15 the Secretaries of the military departments shall jointly
16 carry out a program to demonstrate methods for the more
17 effective development of technology and management of
18 functions at eligible centers.
19
‘‘(b) ELIGIBLE CENTERS.—For purposes of the pro-
20 gram, the eligible centers are—
21
‘‘(1) the science and technology reinvention lab-
22
oratories, as designated by section 4121(b) of this
23
title;
24
‘‘(2) the test and evaluation centers which are
25
activities specified as part of the Major Range and
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1
Test Facility Base in Department of Defense Direc-
2
tive 3200.11 (or any successor document);
3
4
‘‘(3) the Defense Advanced Research Projects
Agency;
5
‘‘(4) the Defense Innovation Unit; and
6
‘‘(5) the Strategic Capabilities Office.
7
‘‘(c) DEFINITION OF RESPONSIBLE OFFICIALS CON-
8
CERNED.—For purposes of this section, the term ‘respon-
9 sible official concerned’ means—
10
‘‘(1) the Assistant Secretary of the Army for
11
Acquisition, Technology, and Logistics, with respect
12
to matters concerning the Army;
13
‘‘(2) the Assistant Secretary of the Navy for
14
Research, Development, and Acquisition, with re-
15
spect to matters concerning the Navy and the Ma-
16
rine Corps; or
17
‘‘(3) the Assistant Secretary of the Air Force
18
for Acquisition, with respect to matters concerning
19
the Air Force and the Space Force;
20
‘‘(4) the Deputy Secretary of Defense, with re-
21
spect to matters concerning the Defense Advanced
22
Research Projects Agency, the Defense Innovation
23
Unit, and the Strategic Capabilities Office, and any
24
other matters not covered by paragraphs (1), (2),
25
and (3).
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1
‘‘(d) PARTICIPATION IN PROGRAM.—
2
‘‘(1) IN GENERAL.—Subject to paragraph (2),
3
the head of each eligible center shall submit to the
4
responsible official concerned a proposal on, and im-
5
plement, alternative and innovative methods of effec-
6
tive management and operations of eligible centers,
7
rapid project delivery, support, experimentation,
8
prototyping, and partnership with universities and
9
private sector entities—
10
‘‘(A) to generate greater value and effi-
11
ciencies in research and development activities;
12
‘‘(B) to enable more efficient and effective
13
operations of supporting activities, such as—
14
‘‘(i) facility management, construc-
15
tion, and repair;
16
‘‘(ii) business operations;
17
‘‘(iii) personnel management policies
18
and practices; and
19
‘‘(iv) intramural and public outreach;
20
and
21
‘‘(C) to enable more rapid deployment of
22
warfighter capabilities.
23
‘‘(2) IMPLEMENTATION.—The head of an eligi-
24
ble center shall implement each method proposed
25
under paragraph (1) unless such method is dis-
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1
approved in writing by the responsible official con-
2
cerned within 60 days of receiving the proposal from
3
the eligible center.
4
‘‘(e) WAIVER AUTHORITY FOR DEMONSTRATION AND
5 IMPLEMENTATION.—The head of an eligible center may
6 waive any regulation, restriction, requirement, guidance,
7 policy, procedure, or departmental instruction that would
8 affect the implementation of a method proposed under
9 subsection (d)(1), unless such implementation would be
10 prohibited by a provision of a Federal statute or common
11 law.’’.
12
(b) CONFORMING REPEAL.—Section 233 of the Na-
13 tional Defense Authorization Act for Fiscal Year 2017
14 (Public Law 114–328; 10 U.S.C. 4141 note prec.) is re15 pealed.
16
SEC. 214. MODIFICATION TO AUTHORITY FOR ACQUISITION,
17
CONSTRUCTION, OR FURNISHING OF TEST
18
FACILITIES AND EQUIPMENT.
19
(a) JOINTLY FUNDED PROJECTS.—Section 4174 of
20 title 10, United States Code, is amended—
21
(1) in subsection (a), by striking ‘‘A contract of
22
a military department’’ and inserting ‘‘A covered
23
contract’’; and
24
25
(2) by adding at the end the following new subsections:
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1
‘‘(d)(1) In a case in which research, developmental,
2 or test facilities and equipment described in this section
3 are used to support multiple contracts or programs across
4 different military departments, other elements of the De5 partment of Defense, other Federal agencies outside the
6 Department of Defense, or eligible non-Federal entities,
7 a jointly funded project may be established.
8
‘‘(2) Under a jointly funded project, the Secretary of
9 Defense (or the Secretary’s designee) shall enter into a
10 written agreement with each entity participating in the
11 project. Each such agreement shall, at a minimum, ad12 dress the following:
13
‘‘(A) Cost sharing arrangements, including the
14
proportion of total project costs to be borne by each
15
entity.
16
‘‘(B) Allocation of access to the facilities and
17
equipment, including prioritization procedures in
18
cases of competing demands.
19
20
‘‘(C) Management and oversight responsibilities, including the designation of a lead agency.
21
‘‘(D) Ownership and intellectual property rights
22
related to the facilities, equipment, and any resulting
23
data or inventions.
24
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1
‘‘(3) A non-Federal entity, including a private com-
2 pany, academic institution, or non-profit organization,
3 may participate in a jointly funded project under this sub4 section only if the Secretary of Defense determines such
5 participation is in the national security interest and con6 sistent with applicable laws and regulations.
7
‘‘(4) The Secretary of Defense shall issue regulations
8 to implement this subsection. Such regulations shall in9 clude specific criteria for evaluating proposed jointly fund10 ed projects, standardized agreement templates, and proce11 dures for ensuring the transparency and accountability of
12 such projects.
13
‘‘(e) This section applies to contracts funded using
14 funds appropriated or otherwise made available for—
15
‘‘(1) research, development, test, and evalua-
16
tion, including science and technology funds des-
17
ignated as budget activity 1 (basic research), budget
18
activity 2 (applied research), and budget activity 3
19
(advanced technology development) (as those budget
20
activity classifications are set forth in volume 2B,
21
chapter 5 of the Department of Defense Financial
22
Management Regulation (DOD 7000.14–R)); and
23
‘‘(2) operation and maintenance, to the extent
24
that such funds are used to support activities au-
25
thorized under this section.
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1
‘‘(f) In this section, the term ‘covered contract’
2 means—
3
‘‘(1) a contract of a military department; or
4
‘‘(2) a contract for a jointly funded project as
5
described subsection (d).’’.
6
(b) REGULATIONS REQUIRED.—Not later than 180
7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall issue or revise regulations (as nec9 essary) to implement the amendments made by subsection
10 (a).
11
SEC. 215. EXTENSION OF LIMITATION ON AVAILABILITY OF
12
FUNDS FOR FUNDAMENTAL RESEARCH COL-
13
LABORATION WITH CERTAIN ACADEMIC IN-
14
STITUTIONS.
15
Section 238(a) of the National Defense Authorization
16 Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
17 1842) is amended by inserting ‘‘or fiscal year 2026’’ after
18 ‘‘fiscal year 2025’’.
19
SEC. 216. MODIFICATION OF REQUIREMENT FOR DEPART-
20
MENT OF DEFENSE POLICIES FOR MANAGE-
21
MENT AND CERTIFICATION OF LINK 16 MILI-
22
TARY TACTICAL DATA LINK NETWORK.
23
Section 228(b) of the National Defense Authorization
24 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
25 4571 note) is amended—
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1
(1) in paragraph (1)(A), by striking ‘‘the Ne-
2
vada Test and Training Range, Restricted Area
3
2508, Warning Area 151/470, Warning Area 386,
4
and the Joint Pacific Alaska Range Complex’’ and
5
inserting ‘‘military special use airspace including all
6
prohibited areas, restricted areas, warning areas,
7
and military operational areas’’;
8
(2) in paragraph (2), in the matter before sub-
9
paragraph (A), by striking ‘‘training, and large-scale
10
exercises.’’ and inserting ‘‘regular training, and
11
large-scale exercises. Under such processes, approval
12
of Link 16 operations shall be presumed and denial
13
of Link 16 operations shall be accompanied with
14
substantiated evidence demonstrating compromise of
15
safety due to electromagnetic interference.’’; and
16
17
(3) in paragraph (5), by inserting ‘‘regular’’ before ‘‘training’’.
18
SEC. 217. EXTENSION OF AUTHORITY FOR ASSIGNMENT TO
19
DEFENSE ADVANCED RESEARCH PROJECTS
20
AGENCY OF PRIVATE SECTOR PERSONNEL
21
WITH CRITICAL RESEARCH AND DEVELOP-
22
MENT EXPERTISE.
23
(a) EXTENSION.—Subsection (e) of section 232 of
24 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
25 Defense Authorization Act for Fiscal Year 2015 (Public
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1 Law 113–291; 10 U.S.C. note prec. 4091) is amended by
2 striking ‘‘September 30, 2025’’ and inserting ‘‘September
3 30, 2030’’.
4
(b) TECHNICAL AMENDMENT.—Subsection (f)(2) of
5 such section is amended by striking ‘‘section 2302’’ and
6 inserting ‘‘section 3014’’.
7
SEC. 218. ALTERNATIVE TEST AND EVALUATION PATHWAY
8
FOR
9
PROGRAMS.
10
DESIGNATED
DEFENSE
ACQUISITION
(a) AUTHORITY.—The Secretary of Defense shall es-
11 tablish an alternative test and evaluation pathway as de12 scribed in subsection (b) for covered programs to enhance
13 agility, accelerate delivery of capabilities, and ensure data14 driven decisionmaking, while maintaining independent
15 oversight of evaluation outcomes.
16
(b) ELEMENTS.—The pathway required by sub-
17 section (a) shall include the following elements:
18
(1) For each covered program, the Secretary of
19
the military department concerned, through its serv-
20
ice test activities, shall—
21
(A) develop and implement a unified test
22
and evaluation strategy that aligns develop-
23
mental testing and operational testing to a sin-
24
gle set of test objectives that build system un-
25
derstanding throughout the test program to
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1
more effectively support capability delivery
2
within rapid prototyping and iterative updates
3
with early and continuous operational feedback;
4
(B) develop and implement a test data
5
strategy that includes—
6
(i) collection of raw data from system
7
components during test events and oper-
8
ational activities, including submission of
9
industry-derived data from their develop-
10
ment and testing evolutions;
11
(ii) evaluation criteria to assess the
12
mission effects and suitability of the sys-
13
tem based on the data to be collected, in-
14
cluding from live-fire test events, if appli-
15
cable;
16
17
(iii) a process for independently validating industry-derived data, if needed;
18
(iv) provision of resources for auto-
19
mated data collection, storage, and access;
20
and
21
(v) automated analytics tools to assess
22
performance trends, reliability, and main-
23
tenance needs;
24
(C) incorporate, to the maximum extent
25
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1
2
(i) hardware-in-the-loop testing to
validate system integration;
3
(ii) continuous data collection from
4
prototypes and fielded systems to refine
5
designs and update lifecycle costs;
6
(iii)
testing
subsystem
prototypes
7
throughout system development to assess
8
their contribution to the mission effect of
9
the fielded system; and
10
(iv) integration of supporting or com-
11
plementary data from digital twins or
12
other model-based systems engineering
13
tools;
14
(D) define general test and evaluation ob-
15
jectives and data needs while allowing detailed
16
execution plans to evolve based on test results
17
and emerging requirements, avoiding rigid mile-
18
stone-driven schedules; and
19
(E) ensure all raw test data and associated
20
analytics are owned by the Federal Govern-
21
ment, stored in accessible repositories, and
22
available to authorized Department entities, in-
23
cluding the Director of Operational Test and
24
Evaluation, throughout the program lifecycle.
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1
2
(2) Each such covered program shall be exempt
from—
3
(A) any requirement in law, regulation, or
4
policy, including Department of Defense In-
5
struction 5000.02 or other policies, to develop
6
and submit a test and evaluation master plan,
7
as long as a unified test and evaluation strategy
8
and test data strategy are implemented, as re-
9
quired by subparagraphs (A) and (B) of para-
10
graph (1);
11
(B) any requirement in law, regulation, or
12
policy to conduct any milestone-specific oper-
13
ational test event, such as the requirement in
14
section 4171 of title 10, United States Code, to
15
conduct initial operational test and evaluation;
16
and
17
(C) any other test and evaluation docu-
18
mentation or approval process that the Sec-
19
retary determines is inconsistent with the agile
20
and iterative nature of this pathway.
21
(c) ROLE OF THE DIRECTOR OF OPERATIONAL TEST
22
AND EVALUATION.—For each covered program designated
23 for oversight by the Director of Operational Test and
24 Evaluation, the Director of Operational Test and Evalua25 tion shall—
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1
(1) provide independent evaluation of test data
2
across all phases of the program lifecycle, includ-
3
ing—
4
(A) assessing the sufficiency of the pro-
5
gram’s test and evaluation strategy and data
6
strategy to demonstrate military effectiveness;
7
(B) evaluating whether the program col-
8
lects and analyzes sufficient raw data, learns
9
from test results at a pace relevant to oper-
10
ational needs, and converges on military effec-
11
tiveness based on data trends;
12
(C) identifying deficiencies in test and
13
evaluation strategies that risk system perform-
14
ance, suitability, or survivability; and
15
(D) providing continuous oversight through
16
ongoing analysis of test data;
17
(2) have unrestricted access to all raw test
18
data, data repositories, and analytics maintained by
19
the military departments for the covered program;
20
(3) not require of the covered program—
21
(A) any specific test plan, execution meth-
22
od, or documentation format, or any pre-ap-
23
proval of test and evaluation activities, as a
24
condition of testing, data collection, or evalua-
25
tion; or
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1
(B) any Director of Operational Test and
2
Evaluation-approved test and evaluation master
3
plan or other pre-execution documentation
4
under existing policies; and
5
(4) include in the annual report required under
6
section 139(h) of title 10, United States Code, a
7
summary of the adequacy of data strategies, rates of
8
learning, and risks that aligns with the evaluation
9
processes established in this section.
10
(d) GUIDANCE REQUIRED.—Not later than 180 days
11 after the date of the enactment of this Act, the Secretary
12 of Defense, in consultation with the Secretaries of the
13 military departments and the Director of Operational Test
14 and Evaluation, shall issue guidance to implement the al15 ternative test and evaluation pathway under this section,
16 including standards for data strategies and modern testing
17 practices and procedures to support evaluation by the Di18 rector of Operational Test and Evaluation under sub19 section (c).
20
(e) REPORT.—Not later than three years after the
21 date of the enactment of this Act, the Secretary of Defense
22 shall submit to the congressional defense committees a re23 port on the implementation of this section, including an
24 assessment of the effectiveness of the pathway in accel25 erating capability delivery and improving system perform-
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1 ance and any recommendations for expanding or modi2 fying the pathway.
3
(f) COVERED PROGRAM DEFINED.—In this section,
4 the term ‘‘covered program’’ means the following:
5
(1) A defense acquisition program that the Sec-
6
retary of Defense designates, on or after the date on
7
which guidance is issued under subsection (d), for
8
use of the alternative test and evaluation pathway
9
under this section.
10
(2) A defense acquisition program relating to
11
software and covered hardware initiated on or after
12
the date of the enactment of this Act.
13
SEC. 219. CONGRESSIONALLY DIRECTED PROGRAMS FOR
14
TEST AND EVALUATION OVERSIGHT.
15
(a) REQUIREMENT.—The Director of Operational
16 Test and Evaluation shall include in the annual report re17 quired by section 139(h) of title 10, United States Code,
18 an assessment of the operational and live fire test and
19 evaluation activities for—
20
(1) command and control and data integration
21
architecture for layered integrated missile defense of
22
the homeland;
23
(2) the Joint Fires Network; and
24
(3) the Cryptographic Modernization Program.
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1
(b) ALTERNATIVE PATHWAY.—For any effort under
2 subsection (a) assigned to the software acquisition path3 way pursuant to section 3603 of title 10, United States
4 Code, the Director of Operational Test and Evaluation
5 shall assess the effort in accordance with the alternative
6 test and evaluation pathway established by section 218 of
7 this Act.
8
SEC. 220. APPLICATION OF SOFTWARE INNOVATION TO
9
MODERNIZE TEST AND EVALUATION INFRA-
10
STRUCTURE.
11
12
(a) ESTABLISHMENT OF DIGITAL TEST AND EVALUATION ENVIRONMENT.—
13
(1) PROGRAM.—The Director of the Test Re-
14
source Management Center, in coordination with the
15
officials specified in paragraph (4), shall establish
16
and maintain a digital test and evaluation environ-
17
ment for developmental and operational testing of
18
warfighting capabilities.
19
(2) REQUIREMENTS.—The digital test and eval-
20
uation environment required under paragraph (1)
21
shall—
22
(A) incorporate commercially-derived data
23
management, analysis, and operations software
24
tools to enable rapid test and evaluation;
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1
(B) enable real-time and iterative data col-
2
lection, management, analysis, and feedback
3
loops across the life cycle of tested systems;
4
(C) provide secure environments for testing
5
systems with operational security sensitivities;
6
and
7
(D) use a modular open system approach
8
(as defined in section 4401 of title 10, United
9
States Code) to ensure the environment can be
10
accessed by multiple vendors and is interoper-
11
able with multiple data sources, data formats,
12
and digital tools.
13
(3) USE
OF SOFTWARE ACQUISITION PATH-
14
WAY.—In procuring software and covered hardware
15
(as defined in section 3603 of title 10, United States
16
Code) for the digital test and evaluation environ-
17
ment required under paragraph (1), the Director of
18
the Test Resource Management center shall use a
19
software acquisition pathway described in section
20
3603 of title 10, United States Code.
21
22
(4) OFFICIALS SPECIFIED.—The officials specified in this paragraph are—
23
24
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1
(B) the Director of Operational Test and
2
Evaluation; and
3
4
(C) each chief of a covered Armed Force.
(b) PILOT PROGRAM TO ACCELERATE TEST.—
5
(1) IN GENERAL.—The Director of the Defense
6
Innovation Unit and the Director of the Test Re-
7
source Management Center, in coordination with the
8
Director of Operational Test and Evaluation, shall
9
jointly carry out a pilot program to determine how
10
commercial software can be used to accelerate and
11
improve testing efforts—
12
(A) to accelerate continuous integration
13
and continuous testing of warfighting capabili-
14
ties by applying industry best practices and
15
tooling for scalability, advanced analysis, and
16
data sharing; and
17
(B) to enable continuous and iterative test-
18
ing throughout capability design, development,
19
engineering, and fielding.
20
(2) REPORTS REQUIRED.—The Director of the
21
Defense Innovation Unit and the Director of the
22
Test Resource Management Center, in coordination
23
with the Director of Operational Test and Evalua-
24
tion, shall—
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1
(A) not later than 120 days after the date
2
of the enactment of this Act, submit to the con-
3
gressional defense committees an interim report
4
that includes an implementation plan for the
5
pilot program under paragraph (1); and
6
(B) following submittal of the report under
7
subparagraph (A), but not later than 270 days
8
after the date of the enactment of this Act, sub-
9
mit to the committees a report on the progress
10
of the pilot program, which shall include a de-
11
scription of—
12
(i) the metrics used to measure the
13
performance of commercial software under
14
the program;
15
(ii) the initial findings of the program;
16
and
17
(iii) based on such findings, any iden-
18
tified roadblocks or limitations to using
19
commercial software and digital tools for
20
accelerated testing.
21
(3) TERMINATION.—The authority to carry out
22
the pilot program under this subsection shall termi-
23
nate five years after the date of the enactment of
24
this Act.
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1
(c) COVERED ARMED FORCE DEFINED.—In this sec-
2 tion, the term ‘‘covered Armed Force’’ means the Army,
3 Navy, Air Force, Marine Corps, and Space Force.
4
SEC. 221. REVIEW AND ALIGNMENT OF STANDARDS, GUID-
5
ANCE, AND POLICIES RELATING TO DIGITAL
6
ENGINEERING.
7
(a) REVIEW REQUIRED.—
8
(1) IN GENERAL.—Not later than 180 days
9
after the date of the enactment of this Act, each
10
Secretary of a military department, in coordination
11
with the officials specified in subsection (c), shall
12
complete a comprehensive review of the standards,
13
guidance, and policies relating to digital engineering
14
within the covered Armed Forces under the jurisdic-
15
tion of that Secretary.
16
(2) ELEMENTS.—Each review under paragraph
17
(1) shall include, with respect to the covered Armed
18
Forces under the jurisdiction of the Secretary con-
19
cerned, the following:
20
(A) A review of the reference architectures,
21
standards, and best practices for the use of dig-
22
ital engineering tools (including digital twins
23
and digital threads) as in effect at the time of
24
the review, including standards for the use of
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1
such tools at all stages of program design, de-
2
velopment, and testing.
3
(B) Identification of the current standards
4
guiding the use of such digital engineering
5
tools, at all stages of program design, develop-
6
ment, and testing.
7
(C) Assessment of—
8
(i) the extent to which the use of such
9
standards and related governance struc-
10
tures is consistent across the covered
11
Armed Forces under the jurisdiction of the
12
Secretary concerned; and
13
(ii) the level of interoperability of such
14
standards across such Armed Forces.
15
(D) Identification of best practices for dig-
16
ital engineering within each such Armed Force.
17
(E) Recommendations for improvements to
18
the use of digital engineering tools in each such
19
Armed Force.
20
21
(b) DEVELOPMENT OF STANDARD REFERENCE ARCHITECTURE.—
22
(1) IN GENERAL.—Not later than 180 days
23
after the date on which the Secretary of a military
24
department completes the review required under
25
subsection (a), the Secretary shall develop and im-
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1
plement a standard reference architecture to guide
2
the use of, and best practices for, digital engineering
3
for program design, development, and testing within
4
each covered Armed Force under the jurisdiction of
5
that Secretary. Each reference architecture shall in-
6
clude—
7
(A) a framework and clear requirements
8
for developing and deploying digital engineering
9
tools across program lifecycles;
10
(B) defined standards for data manage-
11
ment and modeling; and
12
(C) consideration for either consensus-
13
based standards or nonconsensus-based stand-
14
ards, depending on what is determined to be in
15
the best interests of the government based on
16
the ability to adopt such standards quickly and
17
prevent technology vendor lock.
18
(2) PERIODIC
REVIEW.—Not
less frequently
19
than once every three years following implementa-
20
tion of the standard reference architecture required
21
under paragraph (1), but ending on September 30,
22
2034, each Secretary of a military department
23
shall—
24
(A) conduct periodic reviews of the ref-
25
erence architecture to ensure it effectively ad-
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1
dresses advancements in technology and evolv-
2
ing operational needs; and
3
(B) if necessary, modify the reference ar-
4
chitecture to address such advancements and
5
needs.
6
(3)
APPROVAL
AND
CERTIFICATION
RE-
7
QUIRED.—Before
8
implemented under this subsection, the Under Sec-
9
retary of Defense for Acquisition and Sustainment,
10
in coordination with the Under Secretary of Defense
11
for Research and Engineering and the Director of
12
Operational Test and Evaluation, shall—
13
a reference architecture may be
(A) review and approve the reference archi-
14
tecture; and
15
(B) submit certification of such approval
16
to the Secretary of the military department con-
17
cerned.
18
(4) RECOMMENDATIONS FOR FURTHER STAND-
19
ARDIZATION.—Based
20
under paragraph (3), the Under Secretary of De-
21
fense for Acquisition and Sustainment, in coordina-
22
tion with the Under Secretary of Defense for Re-
23
search and Engineering and the Director of Oper-
24
ational Test and Evaluation, shall—
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1
(A) identify and develop recommendations
2
regarding areas in which further standardiza-
3
tion of reference architectures across the cov-
4
ered Armed Forces may be feasible; and
5
(B) submit such recommendations to the
6
7
Secretaries of the military departments.
(c) OFFICIALS SPECIFIED.—The officials specified in
8 this subsection are the following:
9
10
(1) The Under Secretary of Defense for Acquisition and Sustainment.
11
12
(2) The Under Secretary of Defense for Research and Engineering.
13
(3) The Director of Operational Test and Eval-
14
uation.
15
(d) DEFINITIONS.—In this section:
16
(1) The term ‘‘covered Armed Forces’’ means
17
the Army, Navy, Air Force, Marine Corps, and
18
Space Force.
19
(2) The term ‘‘reference architecture’’ means
20
an authoritative source of information about a spe-
21
cific subject area that guides and constrains the
22
instantiations of multiple architectures and solu-
23
tions, as described in the guidance of the Office of
24
the Assistant Secretary of Defense titled ‘‘Reference
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1
Architecture Description’’, dated June 2010, or any
2
successor to such guidance.
3
4
SEC. 222. CATALYST PATHFINDER PROGRAM.
(a) ESTABLISHMENT.—Not later than January 1,
5 2027, the Secretary of the Army shall establish a program
6 that—
7
(1) creates partnerships between operational
8
units of the Army and research universities to pro-
9
vide a platform for university-based researchers and
10
small businesses to collaborate directly with soldiers
11
on innovative applied research and development; and
12
(2) integrates soldiers into the problem identi-
13
fication process and early-stage development efforts
14
to ensure technical solutions are meeting soldier
15
needs and enhancing lethality.
16
(b) ACTIVITIES.—In carrying out the program, the
17 Secretary shall—
18
(1) establish activities at select divisions of the
19
Army to accelerate the incorporation of soldier in-
20
sights into capability development;
21
(2) establish policies that streamline collabora-
22
tion between soldiers, Army Transformation and
23
Training Command, research universities, and small
24
businesses;
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1
(3) establish a governance board that includes
2
representatives from the research, development, test,
3
and evaluation, acquisition, requirements, and re-
4
search university communities; and
5
(4) promote transition of successful program
6
projects to Army programs.
7
(c) INCLUSION IN FUTURE-YEARS DEFENSE PRO-
8
GRAM.—The program shall be treated as a research, devel-
9 opment, test, and evaluation activity in the Army’s input
10 to the future-years defense program submitted to Con11 gress under section 221 of title 10, United States Code.
12
SEC. 223. MODIFICATIONS TO DEFENSE RESEARCH CAPAC-
13
14
ITY BUILDING PROGRAM.
(a) IN GENERAL.—For fiscal year 2026 and each fis-
15 cal year thereafter, the Secretary of Defense shall ensure
16 that all funding opportunities executed in Program Ele17 ment 0601228D8Z, or successor program element, shall
18 include separate funding solicitations each focused to19 ward—
20
21
(1) Historically Black Colleges and Universities
and Tribal Colleges and Universities; and
22
(2) Minority-Serving Institutions that are not
23
described in paragraph (1).
24
(b) DEFINITIONS.—In this section:
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1
(1) The term ‘‘Historically Black College or
2
University’’ has the meaning given the term ‘‘part B
3
institution’’ in section 322 of the Higher Education
4
Act of 1965 (20 U.S.C. 1061).
5
(2) The term ‘‘Minority-Serving Institution’’
6
means an eligible institution described in section
7
371(a) of the Higher Education Act of 1965 (20
8
U.S.C. 1067q(a)).
9
(3) The term ‘‘Tribal College or University’’
10
has the meaning given the term in section 316(b) of
11
the Higher Education Act of 1965 (20 U.S.C.
12
1059c(b)).
13
SEC. 224. NATIONAL SECURITY AND DEFENSE ARTIFICIAL
14
15
INTELLIGENCE INSTITUTE.
(a) IN GENERAL.—The Secretary of Defense may es-
16 tablish one or more National Security and Defense Artifi17 cial Intelligence Institutes (referred to in this section as
18 ‘‘Institutes’’) at eligible host institutions.
19
(b) INSTITUTE DESCRIBED.—A National Security
20 and Defense Artificial Intelligence Institute referred to in
21 subsection (a) is an artificial intelligence research institute
22 that—
23
(1) is focused on a cross-cutting challenge or
24
foundational science for artificial intelligence sys-
25
tems in the national security and defense sector;
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1
(2) establishes partnerships among public and
2
private organizations, including, as appropriate,
3
Federal agencies, institutions of higher education,
4
including community colleges, nonprofit research or-
5
ganizations, Federal laboratories, State, local, and
6
Tribal governments, and industry, including the De-
7
fense Industrial Base and startup companies;
8
(3) has the potential to create an innovation
9
ecosystem, or enhance existing ecosystems, to trans-
10
late Institute research into applications and products
11
used to enhance national security and defense capa-
12
bilities;
13
(4) supports interdisciplinary research and de-
14
velopment across multiple institutions of higher edu-
15
cation and organizations; and
16
(5) supports workforce development in artificial
17
intelligence related disciplines in the United States.
18
(c) FINANCIAL ASSISTANCE AUTHORIZED.—
19
(1) IN GENERAL.—The Secretary of Defense
20
may award financial assistance to an eligible host in-
21
stitution, or consortia thereof, to establish and sup-
22
port one or more Institutes.
23
(2) USE
OF
FUNDS.—Financial
assistance
24
awarded under paragraph (1) may be used by an In-
25
stitute for—
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1
(A) managing and making available to re-
2
searchers accessible, curated, standardized, se-
3
cure, and privacy protected data sets from the
4
public and private sectors for the purposes of
5
training and testing artificial intelligence sys-
6
tems and for research using artificial intel-
7
ligence systems with regard to national security
8
and defense;
9
(B) developing and managing testbeds for
10
artificial intelligence systems, including sector-
11
specific test beds, designed to enable users to
12
evaluate artificial intelligence systems prior to
13
deployment;
14
(C) conducting research and education ac-
15
tivities involving artificial intelligence systems
16
to solve challenges with national security impli-
17
cations;
18
(D) providing or brokering access to com-
19
puting resources, networking, and data facilities
20
for artificial intelligence research and develop-
21
ment relevant to the Institute’s research goals;
22
(E) providing technical assistance to users,
23
including software engineering support, for arti-
24
ficial intelligence research and development rel-
25
evant to the Institute’s research goals;
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1
(F) engaging in outreach and engagement
2
to broaden participation in artificial intelligence
3
research and the artificial intelligence work-
4
force; and
5
(G) such other activities as may deter-
6
mined by the Secretary of Defense.
7
(3) DURATION.—Financial assistance under
8
paragraph (1) shall be awarded for a five-year pe-
9
riod, and may be renewed for not more than one ad-
10
ditional five-year period.
11
(4)
12
ANCE.—An
13
thereof seeking financial assistance under paragraph
14
(1) shall submit to the Secretary of Defense an ap-
15
plication at such time, in such manner, and con-
16
taining such information as the Secretary may re-
17
quire.
APPLICATION
FOR
FINANCIAL
ASSIST-
eligible host institution or consortia
18
(5) COMPETITIVE, MERIT REVIEW.—In award-
19
ing financial assistance under paragraph (1), the
20
Secretary of Defense shall use a competitive, merit-
21
based review process.
22
(6) COLLABORATION.—In awarding financial
23
assistance under paragraph (1), the Secretary of De-
24
fense may collaborate with other departments and
25
agencies of the Federal Government with missions
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1
that relate to or have the potential to be affected by
2
the national security implications of artificial intel-
3
ligence systems.
4
(7) LIMITATION.—No financial assistance au-
5
thorized in this section shall be awarded to an entity
6
outside of the United States. All recipients of finan-
7
cial assistance under this section, including sub-
8
grantees, shall be based in the United States and
9
shall meet such other eligibility criteria as may be
10
established by the Secretary of Defense.
11
(d) DEFINITION.—In this section, the term ‘‘eligible
12 host institution’’ means—
13
(1) an institution of higher education (as de-
14
fined in section 102 of the Higher Education Act of
15
1965 (20 U.S.C. 1002)) in the United States that
16
conducts research sponsored by the Department of
17
Defense; or
18
(2) a senior military college (as defined in sec-
19
tion 2111a(f) of title 10, United States Code).
20
SEC. 225. ADVANCED ROBOTIC AUTOMATION FOR MUNI-
21
22
TIONS MANUFACTURING.
(a) PROGRAM REQUIRED.—The Secretary of the
23 Army shall carry out a program to support the maturation
24 and expansion of robotic automation capabilities for muni-
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1 tions manufacturing at government-owned, contractor-op2 erated production facilities.
3
(b) OBJECTIVES.—The objectives of the program
4 under subsection (a) shall include the following:
5
(1) The design and integration of inherently
6
safe, scalable robotic load, assemble, and pack
7
(LAP) systems for munitions production.
8
(2) The demonstration of increased throughput
9
and production capacity, while reducing manual han-
10
dling of energetic materials.
11
(3) The development of cyber-hardened data in-
12
frastructure for secure integration of factory-floor
13
operations with enterprise systems.
14
(4) Support for workforce upskilling and train-
15
ing in robotics, automation, and advanced manufac-
16
turing technologies.
17
(5) The evaluation of applicability across mul-
18
tiple munition types and organic industrial base
19
sites.
20
(c) COORDINATION.—In carrying out the program
21 under subsection (a), the Secretary of the Army shall co22 ordinate with the Joint Program Executive Office Arma23 ments and Ammunition and other relevant components of
24 the Department of the Army.
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1
(d) BRIEFING.—Not later than March 1, 2026, the
2 Secretary of the Army shall provide the congressional de3 fense committees a briefing on the program carried out
4 under subsection (a). Such briefing shall cover—
5
(1) the progress made under the program;
6
(2) lessons learned; and
7
(3) recommendations for the wider adoption of
8
robotic automation technologies within the defense
9
industrial base.
10
SEC. 226. EVALUATION OF ADDITIONAL TEST CORRIDORS
11
FOR HYPERSONIC AND LONG-RANGE WEAP-
12
ONS.
13
(a) EVALUATION REQUIRED.—To assess impact ef-
14 fectiveness and increase the cadence of testing and train15 ing for long-range and hypersonic systems, the Secretary
16 of Defense shall, acting through the Under Secretary of
17 Defense for Research and Engineering and the Director
18 of the Test Resource Management Center and in consulta19 tion with requirements owners of long-range and
20 hypersonic systems of the Armed Forces, evaluate—
21
(1) the comparative advantages of episodic and
22
permanent special activity airspace designated by
23
the Federal Aviation Administration for use by the
24
Department of Defense suitable for the test and
25
training of long-range and hypersonic systems;
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1
2
(2) requirements for continental test ranges, including—
3
(A) attributes, including live, virtual, and
4
constructive capabilities;
5
(B) scheduling and availability;
6
(C) safety;
7
(D) end strength;
8
(E) facilities, infrastructure, radar, and re-
9
lated systems;
10
(F) launch locations;
11
(G) impact areas; and
12
(H) such other characteristics as the Sec-
13
retary considers appropriate; and
14
(3) potential enhancements to existing Federal
15
Government facilities needed to enable use of these
16
facilities by the Department of Defense for testing
17
and research of hypersonic systems.
18
(b) BRIEFING.—Not later than December 1, 2026,
19 the Secretary shall provide to the Committee on Armed
20 Services of the Senate and the Committee on Armed Serv21 ices of the House of Representatives a briefing on the find22 ings of the Secretary with respect to the evaluation con23 ducted pursuant to subsection (a), including an assess24 ment of the completion date.
25
(c) DEFINITIONS.—In this section:
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1
2
(1) The term ‘‘impact area’’ means the point at
which a test terminates.
3
4
5
(2) The term ‘‘launch location’’ means the point
from which a test is initiated.
SEC. 227. WESTERN REGIONAL RANGE COMPLEX DEM-
6
7
ONSTRATION.
(a) DEMONSTRATION REQUIRED.—The Secretary of
8 Defense shall carry out a demonstration project under
9 which the Secretary—
10
11
(1) interconnects ranges or training sites in the
western States; and
12
(2) uses such interconnected ranges and sites
13
as a joint multi-domain kinetic and non-kinetic test-
14
ing and training environment for the military de-
15
partments.
16
(b) USE OF EXISTING RANGES AND CAPABILITIES.—
17 In carrying out the project under subsection (a), the Sec18 retary of Defense shall use ranges, testing sites, and re19 lated capabilities that are in existence as of the date of
20 the enactment of this Act.
21
(c) ACTIVITIES.—The range complex established
22 under subsection (a) shall be capable of facilitating testing
23 and training in the following:
24
(1) Electromagnetic spectrum operations.
25
(2) Electromagnetic warfare.
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1
2
(3) Operations that blend kinetic and non-kinetic effects.
3
4
(4) Joint All Domain Command and Control
(commonly known as ‘‘JADC2’’).
5
(5) Information warfare, including—
6
(A) intelligence, surveillance, and recon-
7
naissance;
8
(B) offensive and defensive cyber oper-
9
ations;
10
(C) space operations;
11
(D) psychological operations;
12
(E) public affairs; and
13
(F) weather operations.
14
15
(d) TIMELINE FOR COMPLETION OF INITIAL DEMONSTRATION.—In
carrying out subsection (a), the Sec-
16 retary of Defense shall seek to complete an initial dem17 onstration, interconnecting two or more ranges or testing
18 sites of two or more military departments in the western
19 States, not later than one year after the date of the enact20 ment of this Act.
21
(e) BRIEFING.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of Defense
23 shall provide to the congressional defense committees a
24 briefing on—
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1
(1) a phased implementation plan and design
2
for connecting ranges and testing sites in the west-
3
ern States as required under subsection (a), includ-
4
ing the initial demonstration required by subsection
5
(d);
6
(2) how the design architecture of the plan is
7
in alignment with recommendations of the most re-
8
cent Electromagnetic Spectrum Superiority Strategy
9
of the Department of Defense; and
10
(3) how the design architecture is expected to
11
support high-periodicity training, testing, research,
12
and development.
13
(f) WESTERN STATE DEFINED.—In this section, the
14 term ‘‘western State’’ means a State located west of the
15 Mississippi River.
16
(g) TERMINATION.—This section shall terminate on
17 September 30, 2028.
18
SEC. 228. DEMONSTRATION OF NEAR REAL-TIME MONI-
19
TORING CAPABILITIES TO ENHANCE WEAPON
20
SYSTEM PLATFORMS.
21
(a) DEMONSTRATION.—Subject to the availability of
22 appropriations, the Secretary of Defense, in coordination
23 with the Under Secretary of Defense for Acquisition and
24 Sustainment and the service acquisition executives, shall
25 carry out a demonstration to equip selected weapon system
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1 platforms with onboard, near real-time, end-to-end serial
2 bus and radio frequency monitoring capabilities to detect
3 cyber threats and improve maintenance efficiency.
4
(b) PHASES.—The Secretary of Defense shall imple-
5 ment the demonstration under subsection (a) in phases as
6 follows:
7
8
(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary shall—
9
(A) select not fewer than three weapon sys-
10
tem platforms for initial participation in the
11
demonstration, prioritizing the MH–60R and
12
MQ–9 aircraft fleets and using the priorities
13
identified under section 1559 of the James M.
14
Inhofe National Defense Authorization Act for
15
Fiscal Year 2023 (Public Law 117–263; 10
16
U.S.C. 2224 note); and
17
(B) complete the initial deployment of
18
monitoring capabilities to such platforms.
19
(2) Not later than one year after the date of
20
the enactment of this Act, the Secretary shall extend
21
monitoring capabilities to the complete fleets of se-
22
lected platforms and complete initial data collection
23
and analysis from all participating platforms.
24
(c) REPORT REQUIRED.—
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1
(1) IN GENERAL.—Not later than January 1,
2
2027, the Secretary shall submit to the congres-
3
sional defense committees a report on the findings of
4
the Secretary with respect to the demonstration con-
5
ducted pursuant to subsection (a).
6
7
(2) CONTENTS.—The report submitted pursuant to paragraph (1) shall include the following:
8
9
(A) The effectiveness of the monitoring capabilities with respect to—
10
(i) cyber threat detection;
11
(ii) maintenance efficiency; and
12
(iii) operational readiness and mission
13
capable rates.
14
(B) Specific recommendations regarding—
15
(i) whether near real-time monitoring
16
capabilities should be implemented across
17
additional
18
platforms;
Department
weapon
system
19
(ii) if additional implementation is
20
recommended, which specific weapon sys-
21
tem platforms should receive priority for
22
such implementation, along with the esti-
23
mated costs and funding requirements;
24
(iii) an analysis of the advisability of
25
developing a program for implementing
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1
such capabilities, including potential risks,
2
benefits, and trade-offs; and
3
(iv) proposed metrics for measuring
4
successful implementation and operational
5
effectiveness.
6
(3) FORM OF REPORT.—The report submitted
7
pursuant to paragraph (1) shall be submitted in un-
8
classified form but may include a classified annex.
9
SEC. 229. PILOT PROGRAM ON MODERNIZED HEALTH AND
10
USAGE MONITORING SYSTEMS TO ADDRESS
11
OBSOLESCENCE
12
TILTROTOR AIRCRAFT.
13
IN
ROTARY-WING
AND
(a) ESTABLISHMENT.—Not later than 180 days after
14 the date of enactment of this Act, the Secretary of the
15 Army and Secretary of the Navy may establish and carry
16 out a pilot program to evaluate commercially available,
17 next-generation Health and Usage Monitoring Systems
18 (referred to in this section as ‘‘HUMS’’) technologies in19 tended to address obsolescence issues affecting legacy
20 HUMS currently installed on Army and Marine Corps ro21 tary-wing and tiltrotor aircraft.
22
(b) OBJECTIVES.—In conducting the pilot program,
23 the Secretary of the Army and Secretary of the Navy shall
24 assess whether modernized HUMS technologies—
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1
2
(1) effectively mitigate obsolescence risks associated with legacy HUMS systems;
3
(2) enhance the operational readiness, avail-
4
ability, and sustainment of Army and Marine Corps
5
rotary-wing and tiltrotor aircraft; and
6
(3) deliver advanced predictive analytics capa-
7
bilities, reducing maintenance burden and lifecycle
8
costs.
9
(c) DURATION.—The pilot program shall be carried
10 out for a period not exceeding one year.
11
(d) REPORT.—Not later than 90 days after comple-
12 tion of the pilot program, the Secretary of the Army and
13 Secretary of the Navy shall submit to the congressional
14 defense committees a report summarizing—
15
(1) the pilot program results, including effec-
16
tiveness in addressing obsolescence, improving pre-
17
dictive maintenance, and enhancing readiness and
18
aircraft availability; and
19
(2) recommendations regarding broader adop-
20
tion of evaluated HUMS technologies across the
21
Army and Marine Corps rotary-wing and tiltrotor
22
aircraft fleet.
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1
SEC. 230. PROHIBITION ON MODIFICATION OF INDIRECT
2
COST RATES FOR INSTITUTIONS OF HIGHER
3
EDUCATION
4
TIONS.
5
AND
NONPROFIT
ORGANIZA-
(a) PROHIBITION.—The Secretary of Defense may
6 not change or modify indirect cost rates (otherwise known
7 as facilities and administration cost rates) for Department
8 of Defense grants and contracts awarded to institutions
9 of higher education and nonprofit organizations (as those
10 terms are defined in part 200 of title 2, Code of Federal
11 Regulations) until the Secretary makes the certification
12 described under subsection (b).
13
(b) CERTIFICATION.—A certification under this sub-
14 section is a certification to the congressional defense com15 mittees that the Department of Defense—
16
(1) working with the extramural research com-
17
munity, including representatives from universities,
18
university associations, independent research insti-
19
tutes, and private foundations, has developed an al-
20
ternative indirect cost model that has—
21
(A) reduced the indirect cost rate for all
22
applicable institutions of higher education and
23
nonprofit organizations (compared to indirect
24
rates for fiscal year 2025); and
25
(B) optimized payment of legitimate and
26
essential indirect costs involved in conducting
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1
Department of Defense research to ensure
2
transparency and efficiency for Department of
3
Defense-funded grants and contracts; and
4
(2) established an implementation plan with
5
adequate transition time to change budgeting and
6
accounting processes for affected institutions of
7
higher education and nonprofit organizations.
8
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS PEND-
9
ING COMPLIANCE WITH REQUIREMENTS RE-
10
LATING TO THE JOINT ENERGETICS TRANSI-
11
TION OFFICE.
12
(a) LIMITATION.—Of the funds described in sub-
13 section (b), not more than 80 percent may be obligated
14 or expended until the date on which the Secretary of De15 fense—
16
(1) establishes a Joint Energetics Transition
17
Office as required under section 148 of title 10,
18
United States Code;
19
(2) provides that Office with the staff and other
20
resources necessary to effectively carry out the re-
21
sponsibilities specified in subsection (c) of such sec-
22
tion; and
23
(3) submits to the congressional defense com-
24
mittees the reports required under subsections (b)
25
and (c) of section 241 of the National Defense Au-
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148
1
thorization Act for Fiscal Year 2024 (Public Law
2
118–31; 137 Stat. 208).
3
(b) FUNDS DESCRIBED.—The funds described in this
4 subsection are funds authorized to be appropriated by this
5 Act or otherwise made available for fiscal year 2026 for
6 the Department of Defense and available for travel ex7 penses for any of the following:
8
9
(1) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
10
11
(2) The Office of the Under Secretary of Defense for Research and Engineering.
12
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
13
ALIGNMENT OF RESEARCH, DEVELOPMENT,
14
TEST,
15
JOINT CONVENTIONAL ARMAMENTS AND AM-
16
MUNITION.
17
AND
EVALUATION
FUNCTIONS
OF
(a) LIMITATION.—None of the funds authorized to
18 be appropriated by this Act or otherwise made available
19 for fiscal year 2026 for the Department of Defense may
20 be obligated or expended to disestablish, or modify the du21 ties assigned to, an organization responsible (as of the
22 date of the enactment of this Act) for research, develop23 ment, test, and evaluation functions of Joint conventional
24 armaments and ammunition until a period of 180 days
25 has elapsed following the date on which the report re-
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1 quired under subsection (b) is submitted to the congres2 sional defense committees.
3
(b) REPORT REQUIRED.—Not later than November
4 1, 2026, the Secretary of the Army shall submit to the
5 congressional defense committees a report that includes
6 the following with respect to the proposed realignment of
7 functions described in subsection (a):
8
(1) An explanation of whether Army personnel,
9
including contractors, would be required to relocate
10
to a new location and if so an estimate of how many
11
personnel would relocate and to what locations.
12
(2) An explanation of whether the Army expects
13
to build new facilities and infrastructure at new lo-
14
cations to accomplish the research, development,
15
test, and evaluation functions of Joint conventional
16
armaments and ammunition and, if so, identification
17
of—
18
(A) what new facilities and infrastructure
19
would have to be constructed; and
20
(B) where such facilities and infrastructure
21
would be constructed.
22
(3) A detailed estimate of the costs of relo-
23
cating personnel and equipment and constructing
24
new facilities and infrastructure.
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1
(4) A detailed explanation of the efficiencies, if
2
any, that the Army expects to realize by realigning
3
the research, development, test, and evaluation func-
4
tions of Joint conventional armaments and ammuni-
5
tion.
6
SEC. 233. LIMITATION ON USE OF FUNDS FOR CERTAIN
7
8
NAVY SOFTWARE.
None of the funds authorized to be appropriated by
9 this Act or otherwise made available may be obligated or
10 expended to develop, procure, or operate the autonomy
11 baseline manager or the common control system of the
12 Navy for a proposed unmanned surface vessel program un13 less, with respect to that program—
14
15
(1) the Secretary of the Navy submits to the
congressional defense committees—
16
(A) the original baseline schedule of key
17
capability deliverables and the current schedule
18
as of the date of submission;
19
(B) the original cost estimate and the cur-
20
rent cost estimate as of the date of submission,
21
including the total funding received for the pro-
22
gram;
23
(C) all reports of test and experimentation
24
events, including a comparison of performance
25
to alternative industry capabilities;
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1
(D) the unaltered assessment of the De-
2
fense Innovation Unit on a market assessment
3
of industry capabilities compared to the capa-
4
bilities of the autonomy baseline manager and
5
the common control system of the Navy; and
6
(E) an assessment that the program is de-
7
livering new capabilities at a pace and quality
8
that meets or exceeds industry capabilities; and
9
(2) the Chief of Naval Operations validates to
10
the congressional defense committees that the pro-
11
gram meets operational user needs of the Navy.
12
SEC. 234. LIMITATION ON AVAILABILITY OF FUNDS FOR
13
UNDER SECRETARY OF DEFENSE FOR RE-
14
SEARCH AND ENGINEERING PENDING RE-
15
PORT ON STUDY RESULTS.
16
Of the funds authorized to be appropriated by this
17 Act or otherwise made available for fiscal year 2026 for
18 operation and maintenance, Defense-wide, and available to
19 the Office of the Under Secretary of Defense for Research
20 and Engineering for travel expenses, not more than 80
21 percent may be obligated or expended until the date on
22 which the Under Secretary submits to the congressional
23 defense committees the report required by section 245(d)
24 of the National Defense Authorization Act for Fiscal Year
25 2025 (Public Law 118–159; 138 Stat. 1850).
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1
Subtitle C—Biotechnology Matters
2
SEC. 241. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
3
BIOINDUSTRIAL
4
ESSES.
5
MANUFACTURING
PROC-
Section 215 of the James M. Inhofe National Defense
6 Authorization Act for Fiscal Year 2023 (Public Law 117–
7 263; 10 U.S.C. 4841 note) is amended—
8
9
(1) by redesignating subsections (d) through (f)
as subsections (e) through (g), respectively; and
10
(2) by inserting after subsection (c) the fol-
11
lowing new subsection:
12
‘‘(d) FUNDING.—Funds authorized to be appro-
13 priated or otherwise made available to the Department of
14 Defense for research, development, test, and evaluation
15 may be used to carry out the activities described in sub16 section (c), including the design and construction activities
17 described in subsection (c).’’.
18
19
SEC. 242. BIOTECHNOLOGY MANAGEMENT OFFICE.
(a) DESIGNATION OF SENIOR OFFICIAL.—Not later
20 than 90 days after the date of the enactment of this Act,
21 the Secretary of Defense shall designate a senior official,
22 with relevant biotechnology experience, from a position
23 within the Department of Defense that was in effect on
24 the day before the date of the enactment of this Act, to—
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1
2
(1) be the senior official for biotechnology
issues;
3
4
(2) be the head of the Biotechnology Management Office established under subsection (b); and
5
(3) carry out the responsibilities for the office
6
in subsection (c).
7
(b) ESTABLISHMENT OF BIOTECHNOLOGY MANAGE-
8
MENT OFFICE.—Not later than 120 days after the date
9 of the enactment of this Act, the Secretary of Defense
10 shall, with input from the senior official designated under
11 subsection (a), charter and establish, under the authority,
12 direction, and control of the Deputy Secretary of Defense,
13 a Biotechnology Management Office to foster the develop14 ment, acquisition, and sustainment of broad-based bio15 technology capabilities for the Department.
16
(c) RESPONSIBILITIES.—The office established under
17 subsection (b) shall be responsible for the following:
18
(1) Maintaining and executing the Defense Bio-
19
technology Strategy required by section 246, includ-
20
ing development and execution of a long-term re-
21
search, development, acquisition, and sustainment
22
roadmap.
23
(2) Updating policies and guidance within the
24
Department relating to the acquisition, adoption,
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1
and transition of biotechnology-based products into
2
Department use.
3
(3) Coordinating with activities across the De-
4
partment, the Federal Government, industry, aca-
5
demia, and international partners relating to bio-
6
technology.
7
8
(4) Proposing options for streamlining the regulatory or acquisition process of the Department.
9
(5) Conducting, as may be needed, global com-
10
petition analyses, net assessment, or forecasting to
11
support decisionmakers on biotechnology advances.
12
(6) Supporting the development of public-pri-
13
vate partnerships with academia, industry, and other
14
State and local government partners, including
15
through the development or fostering of regionally
16
focused innovation ecosystems.
17
(7) Identifying biotechnology workforce and
18
training gaps across the workforce of the Depart-
19
ment.
20
(8) Such other responsibilities as the Secretary
21
considers appropriate.
22
(d) SUNSET.—This section shall terminate on Sep-
23 tember 30, 2030.
24
(e) BRIEFING.—Not later than 30 days after the des-
25 ignation of the senior official pursuant to subsection (a),
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1 the Secretary shall provide to the congressional defense
2 committees a briefing on the proposed scope of the charter
3 for the office to be established pursuant to subsection (b),
4 as well as implementation plans for preliminary activities
5 the office will pursue during the proceeding one-year pe6 riod.
7
SEC. 243. BIOINDUSTRIAL COMMERCIALIZATION PROGRAM.
8
(a) IN GENERAL.—Not later than one year after the
9 date of the enactment of this Act, the Secretary of Defense
10 may establish a program to support the expansion of the
11 domestic capacity for bioindustrial manufacturing of crit12 ical biomanufactured products at a commercial level
13 through awards to entities for establishing, upgrading,
14 and retooling of bioindustrial manufacturing facilities.
15
(b) AWARDS.—
16
(1) IN GENERAL.—An entity seeking an award
17
under the program shall submit to the Secretary an
18
application at such time, in such manner, and con-
19
taining such information as the Secretary deter-
20
mines appropriate.
21
(2) COMPETITIVE
AWARDS.—The
Secretary
22
shall make each award under the program to an en-
23
tity in a competitive manner.
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1
(3) AWARD CRITERIA.—In selecting entities to
2
receive awards under the program, the Secretary
3
shall consider the following criteria:
4
(A) The potential of the technology of such
5
entity to improve domestic resilience and pro-
6
tect critical supply chains with biomanufactured
7
products.
8
(B) How the technology of such entity
9
could help meet the demand for the capabilities
10
required by the next generation of warfighters.
11
(C) The ability of the bioindustrial manu-
12
facturing facility with respect to which such en-
13
tity is seeking such award to be repurposed and
14
the range of products that such bioindustrial
15
manufacturing facility is capable of producing.
16
(D) Whether the bioindustrial manufac-
17
turing facility with respect to which such entity
18
is seeking such award supports the goal of wide
19
geographic distribution of bioindustrial manu-
20
facturing facilities across the United States.
21
(E) Whether the bioindustrial manufac-
22
turing facility with respect to which such entity
23
is seeking such award is located in geographic
24
proximity to sources of input materials for the
25
production of critical biomanufactured products
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1
or areas with established biomanfuacturing ca-
2
pabilities.
3
(F) Such additional considerations that the
4
Secretary deems appropriate.
5
(4) USE OF AWARD FUNDS.—A recipient of an
6
award under the program may use funds received
7
under such award for the establishment, upgrading,
8
or retooling of one or more bioindustrial manufac-
9
turing facilities to produce critical biomanufactured
10
products, including the development of business or
11
technical plans related to such establishment, up-
12
grading, or retooling.
13
(c) OVERSIGHT.—If the Secretary establishes the
14 program, the Secretary shall establish reporting require15 ments for recipients of awards under the program which
16 shall include requirements for periodic reports on the fol17 lowing:
18
(1) The progress of the recipient in estab-
19
lishing, upgrading, or retooling the bioindustrial
20
manufacturing facility with respect to which such re-
21
cipient received such award.
22
(2) The estimated timeline and funding require-
23
ments for the recipient to begin biomanufacturing at
24
the bioindustrial manufacturing facility described in
25
paragraph (1).
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1
(3) The products, including the critical bio-
2
manufactured products, that are or will be produced
3
at the bioindustrial manufacturing facility described
4
in paragraph (1).
5
(4) The progress of the recipient in entering
6
into an agreement with the Department of Defense
7
or an element thereof to provide critical biomanufac-
8
tured products that are or will be produced at the
9
bioindustrial manufacturing facility described in
10
paragraph (1) once such bioindustrial manufacturing
11
facility begins biomanufacturing.
12
(d) REPORTS TO CONGRESS.—
13
(1) INITIAL REPORT.—Not later than 90 days
14
after the date of the enactment of this Act, the Sec-
15
retary shall submit to the Committees on Armed
16
Services of the Senate and the House of Representa-
17
tives a report on the plan of the Secretary for allo-
18
cating amounts appropriated to the Department of
19
Defense to fund the program.
20
(2) ANNUAL
REPORTS.—Not
later than one
21
year after the date of the enactment of this Act, and
22
annually thereafter, the Secretary shall submit to
23
the Committees on Armed Services of the Senate
24
and the House of Representatives a report on the
25
activities under the program, including the following:
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1
(A) A list of the awards made under the
2
program as of the date on which the report is
3
submitted, including, for each such award—
4
5
(i) the name of the entity that received the award;
6
(ii) the location of the bioindustrial
7
manufacturing facility with respect to
8
which such entity received the award;
9
(iii)
the
amount
of
the
award,
10
disaggregated by the initial amount of the
11
award and any additional amounts pro-
12
vided under the award;
13
(iv) an explanation of the criteria sup-
14
porting making the award to such entity,
15
including a description of any notable tech-
16
nologies of such entity relevant to the
17
award;
18
(v) if applicable, an explanation of the
19
rationale for providing additional amounts
20
under the award; and
21
(vi) to the extent practicable, an ex-
22
planation of the effects of the award.
23
(B) An identification of amounts available
24
to the Department of Defense for making
25
awards under the program as of the date on
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1
which the report is submitted and an expla-
2
nation of any plans for the use of such
3
amounts.
4
(C) An explanation of the communication
5
between the Secretary and entities seeking an
6
award under the program regarding require-
7
ments and timelines for such awards.
8
(D) An explanation of how the establish-
9
ment, upgrading, or retooling of the bioindus-
10
trial manufacturing facilities for which awards
11
were made under the program aligns with prior-
12
ities and needs of the Department of Defense
13
and national security.
14
(e) SUNSET.—
15
(1) IN GENERAL.—Except as provided by para-
16
graph (2), this section shall terminate on the date
17
that is 10 years after the date of the enactment of
18
this Act.
19
(2) EXTENSION.—The Secretary may change
20
the date on which this section terminates to a date
21
that is later than the date on which this section
22
would terminate under paragraph (1) if the Presi-
23
dent determines that the continuation of the pro-
24
gram is necessary to meet national economic and na-
25
tional security needs and transmits that determina-
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1
tion, and that later date, to the congressional de-
2
fense committees.
3
(f) DEFINITION OF BIOMANUFACTURING.—In this
4 section, the term ‘‘biomanufacturing’’ means the utiliza5 tion of biological systems to develop new and advance ex6 isting products, tools, and processes at commercial scale.
7
SEC. 244. BIOTECHNOLOGY SUPPLY CHAIN RESILIENCY
8
9
PROGRAM.
(a) AUTHORIZATION.—
10
(1) IN GENERAL.—The Secretary of Defense, in
11
coordination with the Secretaries of the military de-
12
partments and the heads of relevant Defense Agen-
13
cies, may establish and implement a program (re-
14
ferred to in this section as the ‘‘Program’’) to de-
15
velop and scale within the laboratories of the mili-
16
tary departments, and transition from the labora-
17
tories of the military departments, biotechnology-
18
based technologies and capabilities (including prod-
19
ucts such as chemicals, materials, and fuels) that
20
are relevant to the mission of the Department of De-
21
fense and support the resilience, sustainability, and
22
responsiveness of the defense supply chain.
23
(2) ACTIVITIES.—Under the Program, the Sec-
24
retary of Defense may carry out the following activi-
25
ties:
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1
2
(A) Conduct an assessment of supply chain
vulnerabilities in the Department of Defense.
3
(B) Direct the laboratories of the military
4
departments to establish mechanisms to collabo-
5
ratively—
6
(i) conduct applied research, including
7
experimentation,
8
development, advanced component develop-
9
ment,
10
bioindustrials, biomanufacturing, and re-
11
lated disciplines to support defense mis-
12
sions;
and
advanced
rapid
technological
prototyping
in
13
(ii) develop, prototype, test, and tran-
14
sition biologically derived materials and
15
products to reduce reliance on foreign sup-
16
ply chains and vulnerable supply chains;
17
(iii) upgrade, expand, or construct
18
physical and digital infrastructure, includ-
19
ing laboratory facilities, of the Department
20
and its partners to support bioindustrial
21
research,
22
typing, and production;
development,
testing,
proto-
23
(iv) as needed, enter into contracts,
24
cooperative agreements, grants, or other
25
transactions with relevant Federal entities
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1
and non-Federal entities, such as commer-
2
cial entities, research institutions, and aca-
3
demic organizations, to execute the activi-
4
ties under this subparagraph (B); and
5
(v) support education, training, and
6
workforce development initiatives to build
7
and sustain a skilled bioindustrial and bio-
8
manufacturing workforce.
9
(C) Collaborate across the military depart-
10
ments, Defense Agencies, and other Federal en-
11
tities to ensure alignment with national bio-
12
industrial and supply chain strategies.
13
(D) Promote the development and utiliza-
14
tion of next-generation feedstocks and processes
15
in ways that support local economic growth.
16
(E) Modernize infrastructure through in-
17
vestment in facilities that enable rapid proto-
18
typing and advanced materials testing.
19
(F) Establish performance metrics and
20
benchmarks to measure progress toward oper-
21
ational integration and transition to programs
22
of record.
23
(3) OTHER CONSIDERATIONS.—In the event the
24
Secretary of Defense carries out the Program, the
25
Secretary shall—
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1
(A) prioritize technologies and capabilities
2
that address critical defense supply chain
3
vulnerabilities and enhance military readiness,
4
including technologies and capabilities necessary
5
to—
6
(i) reduce logistics through field-en-
7
abled manufacturing of materials and
8
deployable infrastructure components;
9
10
(ii) enhance performance through development of novel materials; or
11
(iii) improve cost efficiency of manu-
12
facturing and reduce dependency on for-
13
eign supply chains;
14
(B) consult with representatives of indus-
15
try, academia, and other Federal agencies with
16
relevant expertise, to accelerate development
17
and transitions; and
18
(C) ensure the Program supports the de-
19
velopment and fielding of emerging technologies
20
such as biotechnologies that provide operational
21
and strategic advantages to the Armed Forces,
22
including through—
23
24
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partnerships; and
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1
(ii) applied research, pilot-scale pro-
2
duction, and technology transition efforts
3
focused on biomanufacturing and materials
4
innovation.
5
(b) REPORTS.—
6
(1) SUBMISSION.—Not later than one year after
7
commencing the Program, and biennially thereafter
8
until the Program terminates under subsection (c),
9
the Secretary of Defense shall submit to the Com-
10
mittees on Armed Services of the Senate and the
11
House of Representatives a report detailing all ac-
12
tivities carried out under the program. Each report
13
shall include, to the extent applicable, the following:
14
(A) A summary of key research, develop-
15
ment, and prototyping efforts initiated or con-
16
tinued during the year or years covered by the
17
report, including technical objectives, antici-
18
pated defense applications, and funding.
19
(B) A list of significant partnerships or
20
agreements executed with industry, academic
21
institutions, and other Federal agencies, includ-
22
ing the purpose, national security nexus, and
23
funding level of each such partnership or agree-
24
ment.
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1
(C) An assessment of infrastructure en-
2
hancements undertaken to support bioindustrial
3
development and scale-up, including facility
4
modernization and equipment acquisition.
5
(D) An evaluation of program performance
6
against established milestones or metrics, in-
7
cluding progress toward the transition of tech-
8
nologies to operational use or acquisition pro-
9
grams.
10
(E) An identification of major technical,
11
logistical, or policy challenges encountered, and
12
actions taken to mitigate such challenges.
13
(2) FORM.—Each report under this subsection
14
shall be submitted in unclassified form but may con-
15
tain a classified annex.
16
(c) SUNSET.—
17
(1) IN GENERAL.—Except as provided in para-
18
graph (2), the authority to carry out the Program
19
shall terminate on the date that is 10 years after the
20
date of the enactment of this Act.
21
(2) EXTENSION.—The Program may be contin-
22
ued after the termination date specified in para-
23
graph (1) if, before such date, the President—
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1
(A) determines that continuation of the
2
Program is necessary to meet national economic
3
or national security needs; and
4
(B) submits notice of such determination
5
to the Committees on Armed Services of the
6
Senate and the House of Representatives.
7
SEC.
245.
BIOLOGICAL
8
9
DATA
FOR
ARTIFICIAL
INTEL-
LIGENCE.
(a) AI ACCESSIBILITY TO QUALIFIED BIOLOGICAL
10 DATA RESOURCES.—
11
(1) IN GENERAL.—Not later than one year
12
after the date of the enactment of this Act, the Sec-
13
retary of Defense shall develop and implement re-
14
quirements that ensure qualified biological data re-
15
sources created by research entirely funded by the
16
Department of Defense are collected and stored in
17
a manner that facilitates the use of such qualified
18
biological data resources for advanced computational
19
methods, including artificial intelligence.
20
(2)
ELEMENTS.—The
requirements
imple-
21
mented under subsection (a) shall include the fol-
22
lowing:
23
(A) A definition of the term ‘‘qualified bio-
24
logical data resource’’ for the purposes of such
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1
requirements, which shall be based on one or
2
more of the following criteria:
3
4
(i) The type of biological data generated.
5
(ii) The size of the dataset involved.
6
(iii) The amount of Federal funds
7
awarded to the research that created such
8
qualified biological data resource.
9
10
(iv) The level of sensitivity of the biological data generated.
11
(v) Any other factor determined ap-
12
propriate by the Secretary of Defense.
13
(B) Guidance on the metrics and metadata
14
included under such requirements to indicate
15
data quality, including usability, interoper-
16
ability, and completeness.
17
(C) Requirements for tiered levels of cyber-
18
security safeguards and access controls for the
19
storage of biological data.
20
(D) Exceptions to such requirements, in-
21
cluding for biological data that may implicate
22
national security.
23
24
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1
(b) CONSULTATION AND CONSIDERATIONS.—In de-
2 veloping and implementing the requirements under sub3 section (a), the Secretary shall—
4
(1) consult with the Secretaries of the military
5
departments, the heads of the research laboratories
6
of each of the Armed Forces, and relevant individ-
7
uals and entities in the private sector and academia
8
who have received funding for research from the De-
9
partment of Defense to ensure that such require-
10
ments are not overly burdensome; and
11
(2) review and incorporate, to the extent the
12
Secretary determines appropriate, existing Federal
13
frameworks and standards for the use of qualified
14
biological data resources for advanced computational
15
methods.
16
SEC. 246. DEPARTMENT OF DEFENSE BIOTECHNOLOGY
17
18
STRATEGY.
(a) IN GENERAL.—Not later than June 1, 2026, the
19 Secretary of Defense shall, in coordination with the Under
20 Secretary of Defense for Research and Engineering and
21 the Under Secretary of Defense for Acquisition and
22 Sustainment, submit to the Committees on Armed Serv23 ices of the Senate and the House of Representatives a
24 strategy on the national security implications of emerging
25 biotechnologies, including the future role that bio-
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1 technology will play in defense, and means to improve in2 dustry, interagency, and international relationships in this
3 sector.
4
(b) ELEMENTS.—The strategy required pursuant to
5 subsection (a) shall include the following elements:
6
(1) How the Department of Defense will de-
7
velop and expand a network of commercial facilities
8
for the biomanufacture of products that are critical
9
for defense needs.
10
(2) Review and update of military specifications
11
in order to better incorporate or substitute current
12
products with biotechnology-based products.
13
(3) Updated plans and policies for the Depart-
14
ment to enter into advance market commitments
15
and offtake agreements for biotechnology products
16
that have defense applications.
17
(4) Review of how the Department could better
18
incorporate military-relevant applications of emerg-
19
ing biotechnology into wargaming exercises, tabletop
20
exercises, or other net assessment analyses.
21
(5) The benefits and costs of issuing a research
22
grand challenge, or a series of challenges, that focus
23
on making biotechnology predictably engineerable
24
and how the Department would implement such re-
25
search grand challenge or series of challenges.
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1
(6) Development of a biotechnology regulation
2
science and technology program within the Depart-
3
ment, including development of digital infrastructure
4
to support simplified regulation and the development
5
of biometrology tools.
6
(7) Updated plans and policies for intergovern-
7
mental support that the Department could provide
8
in encouraging member countries of the North At-
9
lantic Treaty Organization (NATO) to aggregate de-
10
mand and pool purchasing power for biotechnology
11
products.
12
(8) Review of plans and guidance on how the
13
Department can work to develop, integrate, and dis-
14
seminate biotechnology research initiatives across
15
member countries of NATO, and how the Depart-
16
ment might coordinate with international stake-
17
holders to utilize the combined research capabilities
18
of such member countries to drive a biotechnology
19
development approach.
20
(9) Review of the feasibility and advisability of
21
using cloud computing methods to safely store bio-
22
logical data to include considerations related to cy-
23
bersecurity, biosecurity, and data privacy.
24
(10) Development of a training program for all
25
members of the Armed Forces, civilian employees of
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1
the Department, and contractors of the Department
2
whose duties include—
3
(A) creating or deploying novel biotech-
4
nologies;
5
(B) analyzing, preparing for, or responding
6
to biological threats; or
7
(C) planning, research and development,
8
engineering, or testing and evaluation of sys-
9
tems regarding biotechnology.
10
SEC. 247. ETHICAL AND RESPONSIBLE DEVELOPMENT AND
11
DEPLOYMENT OF BIOTECHNOLOGY WITHIN
12
THE DEPARTMENT OF DEFENSE.
13
(a) REQUIREMENT.—
14
(1) POLICIES AND GUIDELINES.—The Secretary
15
of Defense shall issue policies and guidelines on the
16
ethical and responsible development and deployment
17
of biotechnology within the Department of Defense.
18
(2) CONSULTATION.—The Secretary of Defense
19
shall ensure that the policies and guidelines under
20
paragraph (1) are developed in consultation with—
21
(A) the Under Secretary of Defense for
22
23
24
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(B) the Under Secretary of Defense for
Policy; and
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1
(C) individuals representing industry, aca-
2
demia, and civil society.
3
(3) PUBLIC AVAILABILITY.—The Secretary of
4
Defense shall make the policies and guidelines under
5
paragraph (1) publicly available.
6
(b) MATTERS INCLUDED.—The policies and guide-
7 lines under subsection (a)(1) shall include the following:
8
9
(1) Definitions related to the ethical and responsible development and use of biotechnology.
10
(2) An assessment of whether, and to what ex-
11
tent, existing statutes, regulations, directives, manu-
12
als, or instructions limit the ability of the Depart-
13
ment of Defense to provide guidelines for the ethical
14
and responsible development of emerging bio-
15
technology.
16
(3) Guidelines encouraging the safe use of bio-
17
technology products under appropriate regulatory
18
and other oversight processes.
19
(4) Policies relating to informed consent of
20
members of the Armed Forces participating in the
21
development of biotechnology products that have not
22
received regulatory approval.
23
(5) Policies relating to whether, and under
24
which conditions, uses of biotechnology that poten-
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1
tially result in irreversible or heritable characteris-
2
tics are acceptable.
3
4
(6) Policies relating to the potential effects of
biotechnologies on the environment.
5
(7) Policies relating to the compliance by and
6
obligations of the Department of Defense with re-
7
spect to the Convention on the Prohibition of the
8
Development, Production and Stockpiling of Bac-
9
teriological and Toxin Weapons and on their De-
10
struction (commonly referred to as the ‘‘Biological
11
Weapons Convention’’).
12
13
(8) Policies relating to human performance enhancement or augmentation.
14
(9) Such other matters as the Secretary of De-
15
fense determines relevant.
16
(c) REPORT.—
17
(1) IN GENERAL.—Not later than one year
18
after the date of the enactment of this Act, the Sec-
19
retary of Defense shall submit to the congressional
20
defense committees a report on the policies and
21
guidelines under subsection (a)(1), including the
22
methodologies used to develop the policies and guide-
23
lines.
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1
(2) FORM.—The report required under para-
2
graph (1) shall be submitted in unclassified form but
3
may include a classified annex.
4
(3) PUBLIC AVAILABILITY.—The Secretary of
5
Defense shall make report required under paragraph
6
(1) publicly available, except such publicly available
7
version of the report may not include any classified
8
annex provided under paragraph (2).
9
(d) BRIEFING.—During the two-year period begin-
10 ning on the date that is one year after the date of the
11 enactment of this Act, the Secretary of Defense shall pro12 vide to the congressional defense committees an annual
13 briefing on the implementation of the policies and guide14 lines under subsection (a)(1), including a description of
15 any needed resources for such implementation.
16
SEC. 248. ESTABLISHING BIOBASED PRODUCT MERIT GUID-
17
18
ANCE.
(a) IN GENERAL.—Not later than one year after the
19 date of the enactment of this Act, the Under Secretary
20 of Defense for Research and Engineering, in coordination
21 with the Secretaries of the military departments, shall de22 velop and make publicly available guidance for private en23 tities on how such entities can effectively demonstrate,
24 validate, and verify that a biobased product of such entity
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1 provides capabilities meeting the requirements of the De2 partment of Defense.
3
(b) ANALYSIS.—In developing the guidance required
4 by subsection (a), the Under Secretary of Defense for Re5 search and Engineering shall conduct an analysis of cur6 rent military specifications for suitable product categories
7 and make such analysis publicly available for use by pri8 vate entities, such as in industry or academia. Such anal9 ysis shall include:
10
11
(1) Assessment of all current military specifications and identification of those that may—
12
(A) have existing biobased products that
13
meet such specifications;
14
(B) could be met with biobased products
15
with some modification; or
16
(C) have no military specification where a
17
new one may be required.
18
(2) Assessment of current validation and
19
verification processes related to military specifica-
20
tions to determine if modifications to such processes
21
are needed to consider biobased product alternatives.
22
(3) Review of existing acquisition policy and
23
practices related to procurement of materials meet-
24
ing military specifications to determine if any
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1
changes to such processes are recommended to ac-
2
commodate biobased products.
3
(c) BIOBASED PRODUCT DEFINED.—In this section,
4 the term ‘‘biobased product’’ means a product manufac5 tured, produced, or developed through the application of
6 living organisms to alter living or non-living materials.
8
Subtitle D—Plans, Reports, and
Other Matters
9
SEC. 251. MODIFICATION OF ENERGETIC MATERIALS STRA-
10
TEGIC PLAN AND INVESTMENT STRATEGY OF
11
JOINT ENERGETICS TRANSITION OFFICE.
7
12
Section 148(c)(1) of title 10, United States Code, is
13 amended—
14
15
(1) in subparagraph (B)(ii), by striking ‘‘; and’’
and inserting a semicolon;
16
17
(2) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
18
19
(3) by adding at the end the following new subparagraph:
20
‘‘(D) identifying raw material waste pro-
21
duced during the explosives manufacturing
22
process and developing plans to reduce waste
23
and optimize production.’’.
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1
SEC. 252. EXTENSION OF PERIOD FOR ANNUAL REPORTS
2
ON
3
PORTIVE OF THE NATIONAL DEFENSE STRAT-
4
EGY.
5
CRITICAL
TECHNOLOGY
AREAS
SUP-
Section 217(c)(1) of the William M. (Mac) Thorn-
6 berry National Defense Authorization Act for Fiscal Year
7 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is
8 amended, in the matter before subparagraph (A), by strik9 ing ‘‘December 1, 2025’’ and inserting ‘‘December 1,
10 2030’’.
11
SEC. 253. QUARTERLY BRIEFINGS ON RESEARCH, DEVEL-
12
OPMENT, TEST, AND EVALUATION LABORA-
13
TORIES AND FACILITIES.
14
(a) REQUIRED BRIEFINGS.—Not later than 90 days
15 after the date of the of enactment of this Act, and every
16 three months for two years thereafter, the Director of
17 Science, Technology, and Test Resource Management of
18 the Air Force shall provide to the congressional defense
19 committees a briefing on the challenges facing Depart20 ment of Defense research, development, test, and evalua21 tion laboratories and facilities. Such briefings shall ad22 dress the chronic institutional causes of underinvestment
23 in such laboratories and facilities and how to improve in24 vestment in the future.
25
(b) PARTICIPANTS.—The Director of Science, Tech-
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1 resentatives from the Office of the Under Secretary of De2 fense for Research and Engineering or a military depart3 ment (as appropriate) in the briefings required by this sec4 tion.
5
(c) BRIEFING ELEMENTS.—Each quarterly briefing
6 should address—
7
(1) the funding trends and internal processes
8
that are contributing to the underinvestment in such
9
laboratories and facilities;
10
(2) the overall conditions of research, develop-
11
ment, test, and evaluation infrastructure of the De-
12
partment of Defense, including maintenance back-
13
logs and modernization needs;
14
(3) how such infrastructure investments are
15
weighed against other military construction require-
16
ments;
17
(4) the highest priority projects for research,
18
development, test, and evaluation infrastructure, a
19
justification for such priority, and any progress
20
made towards funding any such priorities;
21
(5) options for improving the way such infra-
22
structure is funded and managed, including the po-
23
tential for public-private partnerships and public-
24
public partnerships that could lessen the need for
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1
funding under the categories of military construction
2
or operation and maintenance;
3
(6) an overview of the current state of the
4
workforce for research, development, test, and eval-
5
uation, challenges in attracting and retaining top
6
technical talent for such workforce and options for
7
strengthening such workforce, including hiring au-
8
thorities and effective recruitment campaigns; and
9
(7) limitations of existing policies or statutes
10
that support the sustainment and modernization of
11
research, development, test, and evaluation infra-
12
structure.
13
TITLE III—OPERATION AND
MAINTENANCE
14
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of information about PFAS investigation and remediation
in annual report on defense environmental programs.
Sec. 312. Elimination of preference for motor vehicles using electric or hybrid
propulsion systems and related requirements of the Department of Defense.
Sec. 313. Modification of availability and use of energy cost savings.
Sec. 314. Requirement to support National Guard training on wildfire prevention and response.
Sec. 315. Modification of requirements relating to replacement of fluorinated
aqueous film-forming foam.
Sec. 316. Modification to restriction on procurement or purchasing of personal
protective equipment for firefighters containing perfluoroalkyl
substances or polyfluoroalkyl substances.
Sec. 317. Provision of alternative drinking water to households whose private
drinking water is contaminated with perfluorooctanesulfonic
acid and perfluorooctanoic acid substances from Department of
Defense activities.
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Sec. 318. Responsibilities of executive agent for installation and operational nuclear energy.
Sec. 319. Establishment of Advanced Nuclear Transition Working Group.
Sec. 320. Department of Air Force program of record for commercial weather
data.
Sec. 321. Pilot program on Navy installation nuclear energy.
Sec. 322. Strategy to accelerate remediation of contamination from
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 323. Notification requirement with respect to nuclear power in Guam.
Sec. 324. Authority to use certain technologies to destroy or dispose of
perfluoroalkyl or polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 331. Modification of readiness report to include summary count of certain
mishaps.
Sec. 332. Authority to provide supplies incidental to support and services for
eligible non-Department of Defense organizations.
Sec. 333. Extension of authorization of depot working capital funds for unspecified minor military construction.
Sec. 334. Designation of senior officials responsible for integration of global
contested logistics posture management.
Sec. 335. Modification of prohibition on contracts for performance of firefighting or security-guard functions.
Sec. 336. Responsibilities for oversight of certain defense personal property
matters.
Sec. 337. Roles and responsibilities relating to sustainment and readiness of
certain naval surface vessels.
Sec. 338. Strategy to improve infrastructure of certain depots of Department
of Defense.
Sec. 339. Modification of report on improved oversight for implementation of
Shipyard Infrastructure Optimization Program of the Navy.
Sec. 340. Extension and modification of semiannual briefings on operational
status of amphibious warship fleet.
Sec. 341. Maintenance inspection capabilities and requirements.
Sec. 342. Joint Strike Fighter sustainment.
Sec. 343. Depot-level maintenance coordination in multinational exercises.
Sec. 344. Proposed actions with respect to causes and effects of declining aircraft readiness rates.
Sec. 345. Technology enhancement for surface ship maintenance.
Sec. 346. Oversight requirements for contracts relating to relocation logistics
for household goods.
Sec. 347. Integration of commercially available artificial intelligence capabilities
into logistics operations.
Sec. 348. Pilot program on Army depot and arsenal workload sustainment.
Sec. 349. Limitation on use of funds to establish or expand Space Force Special Operations Component Command.
Sec. 350. Pilot program for data-enabled ground vehicle maintenance.
Sec. 351. Modernization of the organic industrial base of the Army.
Subtitle D—Matters Relating to Munitions
Sec. 361. Reporting requirements for Out-Year Unconstrained Total Munitions
Requirements and Out-Year inventory numbers.
Sec. 362. Inclusion of air and missile defense in Out-Year Unconstrained Total
Munitions Requirement and Out-Year inventory numbers.
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Sec. 363. Reports on munitions response projects at sites formerly used by the
Department of Defense.
Sec. 364. Report on critical munitions required for simultaneous conflicts.
Subtitle E—Other Matters
Sec. 371. Adjustment and diversification assistance for State and local governments affected by depot reductions.
Sec. 372. Authority to evacuate family pets and contract working dogs during
noncombatant evacuations of foreign countries.
Sec. 373. Manned rotary wing aircraft safety.
Sec. 374. Establishment of Army museum system.
Sec. 375. Establishment of United States Navy Museum System.
Sec. 376. Establishment of Air Force and Space Force Museum System.
Sec. 377. Transportation of certain domestic animals by foreign air carriers.
Sec. 378. Minimum standards for military working dog kennels and facilities.
Sec. 379. Restroom access at military installations for certain transportation
service providers.
Sec. 380. Use of expeditionary solid waste disposal systems by Department of
Defense.
Sec. 381. Pilot program for contracted amphibious air resources for the area
of responsibility of the United States Indo-Pacific Command.
Sec. 382. Initiative to control spread of greater banded hornet in Guam.
Sec. 383. Reserve mobilization exercise to assess the capability of the Armed
Forces to respond to a high-intensity contingency in the IndoPacific region.
Sec. 384. Limitation on transformation by the Army of primary helicopter
training program at Fort Rucker, Alabama.
Subtitle A—Authorization of
Appropriations
1
2
3
4
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
5 fiscal year 2026 for the use of the Armed Forces and other
6 activities and agencies of the Department of Defense for
7 expenses, not otherwise provided for, for operation and
8 maintenance, as specified in the funding table in section
9 4301.
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2
Subtitle B—Energy and
Environment
3
SEC. 311. INCLUSION OF INFORMATION ABOUT PFAS INVES-
4
TIGATION AND REMEDIATION IN ANNUAL RE-
5
PORT ON DEFENSE ENVIRONMENTAL PRO-
6
GRAMS.
1
7
Section 2711 of title 10, United States Code, is
8 amended—
9
(1) in subsection (b)(1)(C)—
10
(A) by striking ‘‘sites; and’’ and inserting
11
‘‘sites, including information on the costs asso-
12
ciated with investigating and remediating re-
13
leases of per- and polyfluoroalkyl substances,
14
including—’’; and
15
16
(B) by adding at the end the following new
clauses:
17
‘‘(i) detailed information regarding
18
the total potential cost to the Department
19
of investigating and remediating such re-
20
leases at all locations where investigation
21
and remediation is expected to be funded
22
by the Department; and
23
24
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1
(2) by adding at the end the following new sub-
2
section:
3
‘‘(d) PFAS COST-TO-COMPLETE ANALYSIS.—The
4 Secretary shall carry out an annual cost-to-complete anal5 ysis with respect to the most important contributors to
6 the costs to the Department of investigating and remedi7 ating per- and polyfluoroalkyl substances releases that—
8
‘‘(1) includes—
9
‘‘(A) an assessment of any changes in reg-
10
ulatory standards, treatment technologies, and
11
site prioritization that could affect the cost to
12
complete;
13
‘‘(B) examples of how modifying assump-
14
tions about contamination extent, remediation
15
timelines, or emerging disposal methods could
16
affect the cost to complete; and
17
‘‘(C) an identification of any funding
18
shortfalls or other constraints that could affect
19
the investigation and remediation of such con-
20
tamination; and
21
‘‘(2) incorporates a risk and uncertainty anal-
22
ysis with respect to the effects of potential changes
23
in the most important contributors to the costs to
24
the Department to complete the known per- and
25
polyfluoroalkyl substances sites, including—
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1
‘‘(A) variability in the extent of such con-
2
tamination based on ongoing site assessments,
3
inspections, and investigations;
4
‘‘(B) shifts in regulatory requirements that
5
could alter investigation and remediation strate-
6
gies; and
7
‘‘(C) advances in technologies for the treat-
8
ment and disposal such contamination that
9
could reduce or increase long-term costs.’’.
10
SEC. 312. ELIMINATION OF PREFERENCE FOR MOTOR VEHI-
11
CLES USING ELECTRIC OR HYBRID PROPUL-
12
SION
13
MENTS OF THE DEPARTMENT OF DEFENSE.
14
SYSTEMS
AND
RELATED
REQUIRE-
Chapter 173 of title 10, United States Code, is
15 amended—
16
(1) in section 2911(e)—
17
(A) by striking paragraph (4);
18
(B)
by
redesignating
paragraphs
(5)
19
through (9) as paragraphs (4) through (8), re-
20
spectively;
21
(C) by striking paragraph (10); and
22
(D) by redesignating paragraphs (11)
23
through (15) as paragraphs (9) through (13),
24
respectively; and
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1
2
3
(2) in section 2922g(a), by striking ‘‘shall’’ and
inserting ‘‘may’’.
SEC. 313. MODIFICATION OF AVAILABILITY AND USE OF EN-
4
5
ERGY COST SAVINGS.
Section 2912 of title 10, United States Code, is
6 amended—
7
(1) in subsection (c)—
8
(A) by striking ‘‘The amount’’ and insert-
9
ing ‘‘(1) The amount’’;
10
(B) by striking ‘‘additional operational en-
11
ergy’’ and all that follows through the period at
12
the end and inserting ‘‘operational energy ini-
13
tiatives.’’; and
14
(C) by adding at the end the following new
15
16
paragraph:
‘‘(2) The Secretary of Defense shall design oper-
17 ational energy initiatives under paragraph (1) to advance
18 the objectives of the Department in the areas of energy
19 resilience and fuel efficiency.
20
‘‘(3) Operational energy initiatives carried out under
21 paragraph (1) may directly contribute to enhanced mission
22 and combat capabilities, fund operational environment
23 training activities, or establish programs to incentivize de24 monstrable reductions in energy expenditures within the
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1 department, agency, or instrumentality credited with
2 achieving the energy cost savings under subsection (a).’’;
3
(2) in subsection (e)(1), by striking ‘‘The Sec-
4
retary of Defense may transfer amounts described in
5
subsection (a) that remain available for obligation’’
6
and inserting ‘‘Not later than 60 days after being
7
notified of amounts described in subsection (a) that
8
remain available for obligation, the Secretary of De-
9
fense shall transfer such amounts’’; and
10
(3) by adding at the end the following new sub-
11
section:
12
‘‘(f) OPERATIONAL ENERGY COST SAVINGS DE-
13
FINED.—In this section, the term ‘operational energy cost
14 savings’ means the monetary savings achieved through
15 measures to reduce energy expenditures relative to the
16 amount that would have been necessary to sustain an
17 equivalent level of capability in the absence of such meas18 ures.’’.
19
SEC. 314. REQUIREMENT TO SUPPORT NATIONAL GUARD
20
TRAINING ON WILDFIRE PREVENTION AND
21
RESPONSE.
22
Section 351 of the National Defense Authorization
23 Act for Fiscal Year 2018 (Public Law 115–91; 32 U.S.C.
24 501 note) is amended, in the matter preceding paragraph
25 (1), by striking ‘‘may’’ and inserting ‘‘shall’’.
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1
SEC. 315. MODIFICATION OF REQUIREMENTS RELATING TO
2
REPLACEMENT OF FLUORINATED AQUEOUS
3
FILM-FORMING FOAM.
4
Section 322 of the National Defense Authorization
5 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
6 2661 note prec.) is amended—
7
(1) in subsection (b)—
8
(A) by striking ‘‘October 1, 2023’’ and in-
9
serting ‘‘October 1, 2026’’; and
10
(B) by striking ‘‘in excess of one part per
11
billion of’’ and inserting ‘‘detectable’’;
12
(2) in subsection (c)—
13
(A) by redesignating paragraphs (1) and
14
(2) as subparagraphs (A) and (B), respectively;
15
(B) by striking ‘‘may not be used at any
16
military installation on or after the earlier of
17
the following dates’’ and inserting ‘‘may not be
18
used at the following:’’
19
‘‘(1) Any military installation that, as of the
20
date of the enactment of the National Defense Au-
21
thorization
22
transitioned to the use of a fluorine-free fire-fighting
23
agent that meets the military specifications issued
24
pursuant to subsection (a).
25
26
Act
for
Fiscal
Year
2026,
has
‘‘(2) Any other military installation on or after
the earlier of the following dates:’’; and
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1
(C) in subparagraph (A), as redesignated
2
by subparagraph (A) of this paragraph, by
3
striking ‘‘October 1, 2024’’ and inserting ‘‘Oc-
4
tober 1, 2026’’;
5
(3) by amending subsection (d) to read as fol-
6
lows:
7
‘‘(d) EXEMPTIONS.—Subsections (b) and (c) shall not
8 apply to firefighting foam for use—
9
10
‘‘(1) onboard oceangoing vessels, including use
in pier-side inspection, testing, and maintenance;
11
‘‘(2) that is necessary to conduct testing to
12
meet military specification qualification requirements
13
and ensure quality standards of the inventory of the
14
Department;
15
‘‘(3) in connection with the research, develop-
16
ment, test, and evaluation of a fluorine-free fire-
17
fighting agent;
18
19
‘‘(4) on naval nuclear submarine propulsion
plants; or
20
‘‘(5) in any tactical vehicle, or equipment, that
21
is
22
agents.’’; and
23
24
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incompatible
with
fluorine-free
(4) in subsection (e)—
(A) in paragraph (1)—
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1
(i) in the matter preceding subpara-
2
graph (A), by inserting ‘‘the limitation
3
under subsection (b) or’’ before ‘‘the prohi-
4
bition’’; and
5
(ii) in subparagraph (B)—
6
(I) in clause (ii), by inserting ‘‘or
7
to maintain military readiness’’ after
8
‘‘safety’’;
9
(II) by striking clause (iii) and
10
redesignating clauses (iv) and (v) as
11
clauses (iii) and (iv), respectively; and
12
(III) in clause (iii), as so redesig-
13
nated, by striking ‘‘and does not re-
14
quire revision’’; and
15
(B) in paragraph (2)(C), by striking ‘‘Sec-
16
retary of Defense’’ and inserting ‘‘Under Sec-
17
retary
18
Sustainment’’.
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of
Defense
for
Acquisition
and
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1
SEC. 316. MODIFICATION TO RESTRICTION ON PROCURE-
2
MENT OR PURCHASING OF PERSONAL PRO-
3
TECTIVE
4
CONTAINING
PERFLUOROALKYL
SUB-
5
STANCES
POLYFLUOROALKYL
SUB-
6
STANCES.
7
EQUIPMENT
OR
FOR
FIREFIGHTERS
Section 345 of the James M. Inhofe National Defense
8 Authorization Act for Fiscal Year 2023 (Public Law 117–
9 263; 10 U.S.C. 3201 note prec.) is amended—
10
(1) in subsection (a), by striking ‘‘if such equip-
11
ment contains an intentionally added perfluoroalkyl
12
substance or polyfluoroalkyl substance’’ and insert-
13
ing ‘‘unless such equipment meets the specifications
14
set forth in the most recently published edition of
15
the National Fire Protection Associate 1970 stand-
16
ard, including by not containing any substance on
17
the restricted substances list in excess of the max-
18
imum acceptable levels of such substance’’; and
19
(2) in subsection (d)—
20
(A) in paragraph (1), by striking ‘‘does not
21
contain intentionally added perfluoroalkyl sub-
22
stances or polyfluoroalkyl substances’’ and in-
23
serting ‘‘meets the specifications set forth in
24
the most recently published edition of the Na-
25
tional Fire Protection Associate 1970 standard,
26
including by not containing any substance on
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1
the restricted substances list in excess of the
2
maximum acceptable levels of such substance’’;
3
and
4
(B) in paragraph (2), by striking ‘‘does not
5
contain intentionally added perfluoroalkyl sub-
6
stances or polyfluoroalkyl substances’’ and in-
7
serting ‘‘meets the specifications set forth in
8
the most recently published edition of the Na-
9
tional Fire Protection Associate 1970 standard,
10
including by not containing any substance on
11
the restricted substances list in excess of the
12
maximum acceptable levels of such substance,’’.
13
SEC. 317. PROVISION OF ALTERNATIVE DRINKING WATER
14
TO HOUSEHOLDS WHOSE PRIVATE DRINKING
15
WATER
16
PERFLUOROOCTANESULFONIC
ACID
17
PERFLUOROOCTANOIC
SUBSTANCES
18
FROM DEPARTMENT OF DEFENSE ACTIVI-
19
TIES.
20
IS
CONTAMINATED
ACID
WITH
AND
(a) IN GENERAL.—Subject to subsections (b) and (c),
21 on and after the date of the enactment of this Act, the
22 Secretary of Defense shall offer alternative drinking water
23 to a household if—
24
25
(1) the household is downgradient from a military installation;
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1
(2) the household receives water from one or
2
more private drinking water wells where contamina-
3
tion from detections of perfluorooctanesulfonic acid
4
and perfluorooctanoic acid substances resulting sole-
5
ly from activities of the Department of Defense, as
6
determined by the Secretary, carried out at such
7
military installation has, at one point in time, ex-
8
ceeded the maximum contaminant level for such sub-
9
stances established by the Environmental Protection
10
Agency; and
11
(3) as of the date of the enactment of this Act,
12
another household located in the same community
13
was eligible for alternative drinking water provided
14
by the Secretary by reason of contamination from
15
detections
16
perfluorooctanoic acid substances resulting from ac-
17
tivities of the Department carried out at the same
18
military installation.
19
(b) COORDINATION WITH OTHER AUTHORITIES.—
of
perfluorooctanesulfonic
acid
and
20 The Secretary of Defense shall carry out this section in
21 a manner that is consistent with the Comprehensive Envi22 ronmental Response, Compensation, and Liability Act of
23 1980 (42 U.S.C. 9601 et seq.) and the authorities of the
24 Secretary
under
environmental
law,
including
by
25 prioritizing and coordinating the efforts of the Secretary
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1 under subsection (a) with other efforts to address releases
2 of perfluorooctanesulfonic acid and perfluorooctanoic acid.
3
(c) EXCEPTION.—The Secretary is not required to
4 offer or provide alternative drinking water to a household
5 under subsection (a) if—
6
(1) the household is part of a community, as
7
determined by the Secretary, where all the house-
8
holds in the community that have been affected by
9
contamination
10
perfluorooctanesulfonic acid and perfluorooctanoic
11
acid substances resulting from activities of the De-
12
partment have been connected to a municipal drink-
13
ing water distribution system; or
from
detections
of
14
(2) the Secretary has otherwise taken action
15
under the Comprehensive, Environmental Response,
16
Compensation, and Liability Act of 1980 (42 U.S.C.
17
9601 et seq.) to reduce drinking water exposures, in-
18
cluding by meeting the relevant Federal or State
19
drinking water standards for perfluorooctanesulfonic
20
acid and perfluorooctanoic acid substances.
21
(d) DEFINITIONS.—In this section:
22
23
(1) The term ‘‘alternative drinking water’’ includes—
24
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1
(B) connection to public water systems for
2
members of the public using private wells; and
3
(C) provision of filtration systems for pri-
4
vate residences.
5
(2) The term ‘‘Federal drinking water stand-
6
ard’’ means an enforceable Federal standard for
7
drinking
8
121(d)(2)(A)(i) of the Comprehensive Environmental
9
Response, Compensation, and Liability Act of 1980
10
(42 U.S.C. 9621(d)(2)(A)(i)).
water,
as
described
in
section
11
(3) The terms ‘‘maximum contaminant level’’
12
and ‘‘public water system’’ have the meanings given
13
those terms in section 1401 of the Safe Drinking
14
Water Act (42 U.S.C. 300f).
15
(4) The term ‘‘private drinking water well’’
16
means a drinking water well that is not a public
17
water system and is not connected to a public water
18
system.
19
(5) The term ‘‘State drinking water standard’’
20
means an enforceable State standard, in effect in
21
that State, for drinking water, as described in sec-
22
tion 121(d)(2)(A)(ii) of the Comprehensive Environ-
23
mental Response, Compensation, and Liability Act
24
of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
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1
SEC. 318. RESPONSIBILITIES OF EXECUTIVE AGENT FOR IN-
2
STALLATION AND OPERATIONAL NUCLEAR
3
ENERGY.
4
(a) EXECUTIVE AGENT.—The Secretary of Defense,
5 in coordination with the Secretary of the Army, the Under
6 Secretary of Defense for Acquisition and Sustainment, the
7 Under Secretary of Defense for Research and Engineer8 ing, and the Director of the Strategic Capabilities Office
9 of the Department of Defense, shall ensure that, not later
10 than one year after the date of the enactment of this Act,
11 there is designated an executive agent of the Department
12 of Defense for installation and operational nuclear energy.
13
(b) RESPONSIBILITIES.—The responsibilities of the
14 executive agent specified in subsection (a) shall include the
15 following:
16
(1) In coordination with the commanders of the
17
combatant commands and the Joint Chiefs of Staff,
18
assessing installation and operational nuclear energy
19
needs.
20
(2) Consulting with project developers and
21
other experts from the commercial nuclear industry,
22
potential private owners and operators of nuclear re-
23
actors to be deployed at military installations, and
24
other persons determined appropriate by the execu-
25
tive agent, to assess the technological capabilities,
26
development status, costs, timelines, risks, and po-
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1
tential need for design evolution of nuclear reactors
2
to meet the needs of the Department of Defense re-
3
ferred to paragraph (1).
4
(3) In coordination with the Secretary of En-
5
ergy, the Secretaries of the military departments,
6
and the Nuclear Regulatory Commission, assessing
7
the technology readiness, licensability, deployability,
8
operability, and maintainability of nuclear reactors
9
with respect to potential deployment at military in-
10
stallations.
11
(4) In coordination with the Secretary of De-
12
fense and the Secretaries of the military depart-
13
ments, integrating technical and project resources
14
across the Department of Defense for the use of nu-
15
clear reactors to meet the needs of the Department
16
of Defense referred to in paragraph (1), including by
17
developing a plan to aggregate the demand for, and
18
the acquisition and deployment of, nuclear reactors
19
across military installations and military depart-
20
ments.
21
22
(5) In coordination with the Secretary of Energy and the Nuclear Regulatory Commission—
23
(A) evaluating the regulatory framework
24
and other requirements applicable to the use of
25
nuclear reactors to meet such needs; and
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1
(B) establishing training programs and
2
plans relating to the acquisition and operation
3
of nuclear reactors to meet such needs.
4
(6) Identifying the timelines and resource re-
5
quirements necessary for the acquisition and oper-
6
ation of nuclear reactors to meet such needs, includ-
7
ing—
8
(A) any support necessary from the na-
9
tional laboratories of the Department of En-
10
ergy; and
11
(B) any funding necessary to carry out in-
12
terim pilot programs for the limited deployment
13
of nuclear reactors until such timelines and re-
14
source requirements are met.
15
(7) Including resource requirements identified
16
pursuant to paragraph (6), and any other resource
17
requirements necessary to carry out this subsection,
18
in applicable planning, programming, budgeting, and
19
execution processes of the Department of Defense,
20
including by preparing, as applicable—
21
22
(A) a program objective memorandum for
any new resource so required; and
23
(B) a budget justification for any new re-
24
source so required for inclusion in the budget
25
materials submitted by the Secretary of De-
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1
fense to Congress in support of the President’s
2
annual budget request (submitted to Congress
3
pursuant to section 1105 of title 31, United
4
States Code).
5
(8) Providing technical support for programs of
6
the military departments relating to the deployment
7
of nuclear reactors for installation energy resilience.
8
(c) ANNUAL REPORTS.—Not later than September
9 30, 2026, and annually thereafter for a period of five
10 years, the executive agent specified in subsection (a) shall
11 submit to the Secretary of Defense and the congressional
12 defense committees a report describing the actions taken
13 to implement this section during the one-year period end14 ing on the date of the submission of such report.
15
(d) PLAN FOR PROGRAM OF RECORD.—
16
(1) SUBMISSION.—Not later than one year after
17
the date of the enactment of this Act, the Secretary
18
of Defense, in coordination with the executive agent
19
specified in subsection (a), shall submit to the con-
20
gressional defense committees a plan to establish a
21
program of record of the Department of Defense to
22
meet installation and operational nuclear energy
23
needs.
24
25
(2) ELEMENTS.—The plan under paragraph (1)
shall include the following:
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1
(A) An identification of requirements nec-
2
essary for the establishment of the program of
3
record specified in such paragraph.
4
(B) A budget estimate for such program of
5
record through 2030 or through the conclusion
6
of the five-year period following the first date
7
on which a nuclear reactor is deployed at a
8
military installation, whichever is later.
9
(C) A summary of actions taken to imple-
10
ment the responsibilities under subsection (b)
11
and information derived as a result of such ac-
12
tions.
13
(D) Use cases for nuclear reactors, devel-
14
oped in coordination with the commanders of
15
combatant commands with respect to installa-
16
tion and operational needs (including needs re-
17
lating to the electrification of operational en-
18
ergy, elimination of fuel supply vulnerabilities,
19
military installation resilience, sustainment of
20
military installations, enablement of multi-do-
21
main operations, and advanced weaponry).
22
(E) An identification of the minimum po-
23
tential number of military installations at which
24
nuclear reactors would be necessary to deploy in
25
order to establish a cost-effective program, and
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1
projected dates by which such nuclear reactors
2
would achieve initial operational capability.
3
(F) An estimate of fuel requirements nec-
4
essary to support the deployment of various
5
models of nuclear reactors at military installa-
6
tions, to inform future acquisition planning.
7
(e) COMPLIANCE WITH APPLICABLE DIRECTIVE.—
8 The Secretary shall carry out this section in compliance
9 with Directive 5101.01.
10
(f) SUPPORT WITHIN DEPARTMENT OF DEFENSE.—
11 In accordance with Directive 5101.01, the Secretary shall
12 ensure that the military departments, the Defense Agen13 cies, and other elements of the Department of Defense
14 provide the executive agent specified in subsection (a) with
15 the appropriate support and resources needed to perform
16 the roles, responsibilities, and authorities of the executive
17 agent.
18
(g) DEFINITIONS.—In this section—
19
(1) The term ‘‘Directive 5101.01’’ means De-
20
partment of Defense Directive 5101.01, or any suc-
21
cessor directive relating to the responsibilities of an
22
executive agent of the Department of Defense.
23
(2) The terms ‘‘energy resilience’’ and ‘‘military
24
installation resilience’’ have the meanings given
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1
those terms in section 101 of title 10, United States
2
Code.
3
(3) The term ‘‘executive agent’’ has the mean-
4
ing given the term ‘‘DoD Executive Agent’’ in Direc-
5
tive 5101.01.
6
7
(4) The term ‘‘installation and operational nuclear energy’’ means energy that is—
8
(A) generated by a utilization facility au-
9
thorized pursuant to section 91b. of the Atomic
10
Energy Act of 1954 (42 U.S.C. 2121(b)); and
11
(B) used exclusively for the purposes of
12
providing—
13
(i) operational energy (as such term is
14
defined in section 2924 of title 10, United
15
States Code); or
16
(ii) the energy required for a military
17
installation (as such term is defined in sec-
18
tion 2801 of title 10, United States Code).
19
SEC. 319. ESTABLISHMENT OF ADVANCED NUCLEAR TRAN-
20
21
SITION WORKING GROUP.
(a) IN GENERAL.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of Defense
23 shall establish an Advanced Nuclear Transition Working
24 Group (referred to in this section as the ‘‘working
25 group’’).
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1
(b) MEMBERSHIP.—The Working Group shall be
2 composed of the following members:
3
4
(1) The Assistant Secretary of Defense for Energy, Installations, and Environment.
5
6
(2) The Assistant Secretary of the Army for Installations, Energy, and Environment.
7
8
(3) The Assistant Secretary of the Navy for
Energy, Installations, and Environment.
9
10
(4) The Assistant Secretary of the Air Force
for Energy, Installations, and Environment.
11
(5) The Joint Staff Director for Logistics, J4.
12
(6) The Principal Director for Energy Resil-
13
ience of the Office of the Under Secretary of De-
14
fense for Research and Engineering.
15
16
(7) The Director of the Strategic Capabilities
Office.
17
18
(8) The Director of the Defense Innovation
Unit.
19
(9) The heads of such other components of the
20
Department of Defense, as determined by the Chair.
21
(c) CHAIR.—The Assistant Secretary of Defense for
22 Nuclear Deterrence, Chemical, and Biological Defense
23 Policy and Programs, or a designee, shall serve as the
24 Chair of the Working Group.
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1
(d) DUTIES.—The duties of the Working Group shall
2 include the following:
3
(1) To develop and execute a strategy to accel-
4
erate the procurement and fielding of commercial
5
advanced nuclear capabilities, in compliance with
6
laws, regulations, and agreements, and consistent
7
with best practices.
8
(2) To identify and elevate the critical energy
9
requirements of the combatant commands, United
10
States military installations, and the infrastructure
11
and mission capability needs of the combatant com-
12
mands and military installations that may be ad-
13
dressed with advanced nuclear reactors.
14
(3) To connect the combatant commands and
15
military installations with ongoing and planned ef-
16
forts.
17
(4) To create an accelerated pathway to lever-
18
age advanced nuclear technologies to address oper-
19
ational gaps.
20
(5) To provide a forum for members of the
21
Working Group to coordinate advanced nuclear dem-
22
onstration and transition efforts, including by in-
23
creasing opportunities and venues for government
24
and commercial research and development, testing
25
and evaluation, and procurement activities.
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1
(6) To advocate for appropriate levels of
2
resourcing within planning, programming, budg-
3
eting, and execution processes to advance the devel-
4
opment and use of nuclear energy technologies
5
across the Department of Defense.
6
(7) To coordinate interagency activities and de-
7
velop best practices on workforce development, regu-
8
latory pathways, licensing frameworks, access to fuel
9
sources, safety and security standards, and decom-
10
missioning that currently hinder more rapid fielding
11
of advanced nuclear reactors.
12
(8) To establish venues through which to en-
13
gage commercial companies developing advanced re-
14
actors so as to review the technology readiness,
15
timeline, and availability of reactor capabilities for
16
defense applications.
17
(9) To inform and complete the briefings and
18
reports required in subsection (f).
19
(e) MEETINGS.—The Working Group shall meet at
20 the call of the Chair and not less frequently than once
21 per quarter.
22
(f) REPORT.—
23
(1) IN GENERAL.—Not later than September
24
30, 2026, and annually thereafter until 2029, the
25
Chair shall submit to the appropriate congressional
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1
committees a report describing the status of ad-
2
vanced nuclear projects, associated funding and re-
3
quirements, planned program transitions, actions,
4
and milestones of the Working Group, and other
5
matters as determined by the Secretary of Defense
6
and the Working Group during the preceding year.
7
(2) CONTENTS.—Each report required by para-
8
graph (1) shall include the following:
9
(A) A summary on the adequacy of exist-
10
ing energy storage and distribution systems to
11
meet mission requirements in a contested or
12
austere operating environment.
13
(B) An identification of the critical energy
14
requirements of the combatant commands,
15
United States military installations, and the in-
16
frastructure and weapons capabilities needs of
17
the combatant commands and military installa-
18
tions that may be addressed with the use of
19
microreactors or small modular reactors, includ-
20
ing through expeditionary, transportable, sta-
21
tionary, space-based, or floating power plants.
22
23
(C) A list of prioritized potential use cases,
including—
24
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1
(ii) power for operational systems in
2
austere environments;
3
(iii) desalination or other water pro-
4
duction systems;
5
(iv) synthetic fuel production;
6
(v) directed energy weapons;
7
(vi) artificial intelligence at the edge;
8
(vii) defense support of civil authori-
9
ties;
10
(viii) humanitarian response; and
11
(ix) 3D/additive manufacturing.
12
(D) Recommendations for at least three
13
pilot projects.
14
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
15
TEES.—In this section, the term ‘‘appropriate con-
16
gressional committees’’ means—
17
(A) the Committee on Armed Services of
18
the Senate; and
19
(B) the Committee on Armed Services of
20
21
the House of Representatives.
(g) TERMINATION.—The Working Group shall termi-
22 nate on September 30, 2029.
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1
SEC. 320. DEPARTMENT OF AIR FORCE PROGRAM OF
2
RECORD FOR COMMERCIAL WEATHER DATA.
3
(a) ESTABLISHMENT.—Not later than September 30,
4 2027, the Secretary of the Air Force shall establish a pro5 gram of record of the Department of the Air Force to—
6
7
(1) acquire and use non-space based commercial
weather data to—
8
(A) support operational weather fore-
9
casting; and
10
(B) enhance mission planning and execu-
11
tion in data-sparse and contested environments;
12
and
13
(2) integrate such commercial weather data and
14
related systems into meteorological and decision sup-
15
port frameworks of the Air Force.
16
(b) SUBMISSION
TO
CONGRESS.—Not later than
17 March 1, 2026, the Secretary of the Air Force shall sub18 mit to the congressional defense committees, with respect
19 to the program of record to be established under sub20 section (a), the following:
21
(1) A transition plan for the adoption of such
22
program of record, including projected costs and
23
funding requirements over the period covered by the
24
program objective memorandum process for fiscal
25
years 2027 through 2031.
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1
(2) An acquisition strategy for such program of
2
record, including an outline of potential middle tier
3
of acquisition pathways or major capability acquisi-
4
tion pathways (as such term is defined in Depart-
5
ment of Defense Instruction 5000.85, titled ‘‘Major
6
Capability Acquisition’’ and issued on August 6,
7
2020 (or successor instruction)).
8
(3) A budget justification for inclusion of such
9
program of record in the budget materials submitted
10
by the Secretary of Defense to Congress in support
11
of the President’s annual budget request (submitted
12
to Congress pursuant to section 1105 of title 31,
13
United States Code) for fiscal year 2027, to secure
14
sustained funding.
15
SEC. 321. PILOT PROGRAM ON NAVY INSTALLATION NU-
16
17
CLEAR ENERGY.
(a) PILOT PROGRAM REQUIRED.—Beginning not
18 later than one year after the date of the enactment of this
19 Act, the Assistant Secretary of the Navy for Energy, In20 stallations, and Environment shall initiate a ten-year pilot
21 program at one or more naval installations for the purpose
22 of determining how small modular reactors or mobile reac23 tors could be used—
24
(1) to meet the installation energy needs of the
25
Department of the Navy during the ten-year period
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1
beginning on the date of the enactment of this Act;
2
and
3
(2) to inform the development of concepts for
4
the use of nuclear power facilities to support in-
5
creased energy security for Navy and Marine Corps
6
installations.
7
(b) CONSIDERATIONS.—
8
(1) SELECTION OF INSTALLATIONS.—In select-
9
ing naval installations for the pilot program required
10
by subsection (a), the Assistant Secretary of the
11
Navy for Energy, Installations, and Environment
12
shall consider whether an installation—
13
(A) has entered into, as of the date of the
14
enactment of this Act, a memorandum of agree-
15
ment with a private power provider or reactor
16
technology vendor to explore the use of a small
17
modular reactor or mobile reactor designed for
18
standardized and scaleable production for in-
19
stallation energy requirements;
20
(B) contributes support to naval operations
21
and readiness; and
22
(C) could be co-located with a data center.
23
24
(2) SELECTION
OF REACTORS.—In
selecting
nuclear reactors for use in the pilot program re-
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1
quired under subsection (a), the Assistant Secretary
2
shall consider—
3
(A) the type of fuel for advanced nuclear
4
power production, with a preference for fuel
5
that is resistant to high heat, such as tri-struc-
6
tural isotropic particle fuel;
7
(B) the capacity of the reactor, including
8
that the needed capacity of the reactor is in the
9
range of 20MW to 300MW; and
10
(C) whether the reactor includes a passive
11
cooling system to ensure operational safety and
12
sustainability.
13
(c) PROGRAM REQUIREMENTS.—In carrying out the
14 pilot program required by subsection (a), the Assistant
15 Secretary of the Navy for Energy, Installations, and Envi16 ronment shall—
17
(1) assess and make recommendations regard-
18
ing how to make available the facilities of a Navy or
19
Marine Corps program selected for participation in
20
the pilot program;
21
(2) ensure that the program includes a plan for
22
refueling and end-of-life waste stream management;
23
(3) ensure that any reactor used in the program
24
is resilient to grid interruption; and
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1
(4) coordinate with the working group estab-
2
lished by section 319 and the executive agent estab-
3
lished by section 318 with respect to timing, se-
4
quencing of projects, and locations and to prevent
5
duplication and conflicts between the pilot program
6
and other pilot programs and nuclear initiatives of
7
the Department of Defense.
8
(d) CONTRACTS.—The pilot program does not require
9 the Secretary of the Navy to enter into any new contract,
10 including an energy savings performance contract.
11
(e) REPORTING REQUIREMENTS.—
12
(1) ANNUAL REPORT.—Not later than 30 days
13
after the date of the initiation of the pilot program
14
under subsection (a), the Secretary of the Navy shall
15
submit to the congressional defense committees a re-
16
port that includes each of the following:
17
(A) A five-year funding plan for all Navy
18
nuclear shore and installation power programs
19
for the Navy, including nuclear efforts provided
20
for in the context of the Navy Shore Energy
21
Program and any identified funding shortfalls.
22
(B) An identification of authorities re-
23
quired and remaining barriers to the provision
24
of nuclear power from a military installation to
25
civilian energy grids.
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1
(C) A review of lessons learned from re-
2
lated efforts conducted by the other military de-
3
partments, the Defense Innovation Unit, and
4
any other entities the Secretary considers rel-
5
evant.
6
(D) An analysis of efforts taken by the
7
Navy to use nuclear power on Navy installa-
8
tions to support data center power demands.
9
(E) Any other details the Secretary of the
10
Navy considers relevant.
11
(2) FINAL REPORT.—Upon conclusion of the
12
pilot program, the Secretary of the Navy shall sub-
13
mit to the congressional defense committees a report
14
that includes, or include in the report required under
15
section 2925 of title 10, United States Code, for the
16
fiscal year during which the pilot program concludes,
17
each of the following:
18
(A) An identification of the funding that
19
would be required to convert the pilot program
20
to a program of record.
21
(B) An identification of all available fund-
22
ing provided in the budget of the Navy for the
23
fiscal year during which the report is submitted
24
for nuclear power at Navy and Marine Corps
25
installations.
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1
(C) A list of all installations where the
2
Secretary is considering the future use of nu-
3
clear power.
4
(f) EARLY TERMINATION.—The Secretary of the
5 Navy may terminate the pilot program before the expira6 tion of the ten-year period referred to in subsection (a)
7 if the Secretary provides notice of such early termination
8 to the congressional defense committees.
9
SEC. 322. STRATEGY TO ACCELERATE REMEDIATION OF
10
CONTAMINATION
11
SUBSTANCES AND POLYFLUOROALKYL SUB-
12
STANCES.
13
FROM
PERFLUOROALKYL
(a) STRATEGY.—Not later than 180 days after the
14 date of the enactment of this Act, the Secretary of Defense
15 shall submit to the congressional defense committees a
16 strategy to accelerate the response efforts of the Depart17 ment of Defense with respect to releases of perfluoroalkyl
18 substances or polyfluoroalkyl substances from the activi19 ties of the Department. Consistent with CERCLA, the
20 strategy shall include—
21
(1) criteria that the Department uses to
22
prioritize response actions on military installations
23
and National Guard facilities based on relative risk
24
to human health and the environment, including
25
concentrations of releases of perfluoroalkyl sub-
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1
stances or polyfluoroalkyl substances, migration
2
pathways, and proximity to receptors;
3
(2) timelines for completing each phase of the
4
cleanup process under CERCLA with respect to
5
such releases for each such military installation or
6
National Guard facility;
7
(3) a plan for deploying additional technologies,
8
personnel, or other resources to reduce delays to re-
9
mediation efforts, including an identification of—
10
(A) the number of laboratories accredited
11
by the environmental laboratory accreditation
12
program of the Department to test for the pres-
13
ence
14
polyfluoroalkyl substances; and
15
of
perfluoroalkyl
substances
and
(B) the number of laboratories in the proc-
16
ess of being so accredited; and
17
(4) benchmarks for evaluating the performance
18
of each military department or Defense Agency in
19
reducing the relative risk with respect to response
20
efforts to address releases of perfluoroalkyl sub-
21
stances and polyfluoroalkyl substances.
22
(b) PUBLIC DASHBOARD.—Not later than one year
23 after the date of the enactment of this Act, the Secretary
24 shall publish on a publicly accessible website of the De25 partment, an online dashboard that provides information
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1 on the actions of the Department, including each military
2 department, addressing releases of perfluoroalkyl sub3 stances and polyfluoroalkyl substances from activities of
4 the Department. The dashboard shall be updated on a
5 semiannual basis and shall include a summary of—
6
(1) funding that has been obligated or expended
7
address such releases, dissagregated by each military
8
installation or National Guard facility with respect
9
to which efforts are planned or underway;
10
(2) the status of response efforts to address
11
such releases under the applicable phase of the
12
cleanup process under CERCLA, including the sta-
13
tus of any interim removal actions, at each such site;
14
(3) projected and actual timelines for the com-
15
pletion of response actions with respect to such re-
16
leases at each such site; and
17
(4) points of contact for community engage-
18
ment.
19
(c) DEFINITIONS.—In this section:
20
(1) The terms ‘‘CERCLA’’, ‘‘National Guard
21
facility’’, ‘‘removal’’, and ‘‘response’’ have the mean-
22
ings given those terms in section 2700 of title 10,
23
United States Code.
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1
(2) The term ‘‘Defense Agency’’ has the mean-
2
ing given such term in section 101(a) of title 10,
3
United States Code.
4
SEC. 323. NOTIFICATION REQUIREMENT WITH RESPECT TO
5
6
NUCLEAR POWER IN GUAM.
(a) NOTIFICATION.—Except as provided in sub-
7 section (b), the Secretary of Defense shall, not later than
8 one year before any date on which the Secretary carries
9 out the placement of a permanent nuclear reactor in
10 Guam, submit to Congress and the Governor of Guam a
11 notification of such placement.
12
(b) EXCEPTION.—Subsection (a) shall not apply to
13 a nuclear reactor aboard a naval vessel.
14
(c) NUCLEAR REACTOR DEFINED.—In this section,
15 the term ‘‘nuclear reactor’’ has the meaning given the
16 term ‘‘advanced nuclear reactor’’ in section 951 of the En17 ergy Policy Act of 2005 (42 U.S.C. 16271).
18
SEC. 324. AUTHORITY TO USE CERTAIN TECHNOLOGIES TO
19
DESTROY OR DISPOSE OF PERFLUOROALKYL
20
OR POLYFLUOROALKYL SUBSTANCES.
21
(a) AUTHORITY.—The Secretary of Defense may use
22 technologies for the destruction or disposal of a
23 perfluoroalkyl or polyfluoroalkyl substance that—
24
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1
(2) are permitted or otherwise approved by a
2
Federal or State agency that regulates the destruc-
3
tion or disposal of such a substance.
4
(b) GUIDANCE.—The Secretary shall—
5
(1) issue guidance implementing the authority
6
under subsection (a), including by setting forth tech-
7
nologies that the Secretary determines meet the cri-
8
teria specified in paragraphs (1) and (2) of such
9
subsection; and
10
(2) periodically review and revise such guidance,
11
taking into account the development of new tech-
12
nologies.
14
Subtitle C—Logistics and
Sustainment
15
SEC. 331. MODIFICATION OF READINESS REPORT TO IN-
16
CLUDE SUMMARY COUNT OF CERTAIN MIS-
17
HAPS.
13
18
Section 482(b)(8) of title 10, United States Code, is
19 amended by striking ‘‘Class A, Class B, and Class C mis20 haps’’ and inserting ‘‘Class A and Class B mishaps, and
21 a summary count of all Class C mishaps,’’.
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1
SEC. 332. AUTHORITY TO PROVIDE SUPPLIES INCIDENTAL
2
TO SUPPORT AND SERVICES FOR ELIGIBLE
3
NON-DEPARTMENT OF DEFENSE ORGANIZA-
4
TIONS.
5
Section 2012(a) of title 10, United States Code, is
6 amended by inserting ‘‘, including supplies incidental to
7 such support and services,’’ after ‘‘and services’’.
8
SEC. 333. EXTENSION OF AUTHORIZATION OF DEPOT
9
WORKING CAPITAL FUNDS FOR UNSPECIFIED
10
MINOR MILITARY CONSTRUCTION.
11
Section 2208(u)(4) of title 10, United States Code,
12 is amended by striking ‘‘September 30, 2025’’ and insert13 ing ‘‘September 30, 2027’’.
14
SEC. 334. DESIGNATION OF SENIOR OFFICIALS RESPON-
15
SIBLE FOR INTEGRATION OF GLOBAL CON-
16
TESTED LOGISTICS POSTURE MANAGEMENT.
17
(a) DESIGNATION OF SENIOR MILITARY DEPART-
18
MENT OFFICIALS.—Chapter 131 of title 10, United States
19 Code, is amended by adding at the end the following new
20 section:
21 ‘‘§ 2229b. Responsibility for contested logistics pos22
23
ture management
‘‘(a) IN GENERAL.—The Deputy Secretary of De-
24 fense, the Vice Chair of the Joint Chiefs of Staff, and the
25 Commander of the United States Transportation Com26 mand shall be responsible for the integration of global cong:\VHLC\120725\120725.005.xml
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1 tested logistics posture management. Such responsibilities
2 shall include each of the following:
3
‘‘(1) Identifying vulnerabilities and risks across
4
the Department of Defense enterprise for the core
5
logistics capabilities of supply, maintenance oper-
6
ations, prepositioned stocks, deployment and dis-
7
tribution, health services support, engineering, logis-
8
tics services, and operational service contracts.
9
‘‘(2) Developing and executing a strategy to
10
mitigate the vulnerabilities and risks identified
11
under paragraph (1).
12
‘‘(3) Integrating and deconflicting global con-
13
tested logistics posture investment and management
14
across the military departments, including with re-
15
spect to—
16
‘‘(A) the locations of sites outside the con-
17
tinental United States at which stocks of sup-
18
plies and equipment are stored as well as the
19
composition of those stocks;
20
‘‘(B) the provision of adequate intra-the-
21
ater sea and air capability to move material and
22
personnel throughout the theater; and
23
‘‘(C) the monitoring and coordination of
24
resourcing decisions by the military depart-
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1
ments in support of operational plans and con-
2
tingencies.
3
4
‘‘(b) DEPUTY MANAGEMENT ACTION GROUP MEETINGS.—In
carrying out the responsibilities under sub-
5 section (a)(1) and (2), the Deputy Secretary of Defense
6 and the Vice Chair of the Joint Chiefs of Staff shall co7 chair at least two Deputy Management Action Group
8 meetings each year, which shall be focused on contested
9 logistics management and investment.
10
‘‘(c) CONTESTED LOGISTICS POSTURE STRATEGY.—
11 (1) The Deputy Secretary of Defense, the Vice Chair of
12 the Joint Chiefs of Staff, and the Commander of the
13 United States Transportation Command, in coordination
14 with any other Department official identified by the Sec15 retary, shall develop and implement a strategy for carrying
16 out the responsibilities described in subsection (a).
17
‘‘(2) The strategy required under paragraph (1) shall
18 include each of the following:
19
‘‘(A) A description of—
20
‘‘(i) the locations of sites outside the conti-
21
nental United States at which stocks of supplies
22
and equipment are prepositioned as of the date
23
of the strategy;
24
25
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1
‘‘(iii) the operational or contingency plan
2
such stocks are intended to support.
3
‘‘(B) An identification of—
4
‘‘(i) any shortcomings associated with the
5
sites and prepositioned stocks described in sub-
6
paragraph (A) that must be addressed to opti-
7
mally execute operational and contingency
8
plans; and
9
‘‘(ii) any additional sites, infrastructure, or
10
equipment that may be needed to address such
11
shortcomings and support such plans.
12
‘‘(C) A description of any additional funding or
13
other resources required—
14
‘‘(i) to address the shortcomings identified
15
under subparagraph (B)(i); and
16
‘‘(ii) to provide for the additional sites, in-
17
frastructure, and equipment identified under
18
subparagraph (B)(ii).
19
‘‘(D) A prioritized list of investment rec-
20
ommendations for each item described in subpara-
21
graph (C).
22
‘‘(E) An identification of each case in which the
23
military department concerned lacks the authority or
24
ability to access a location outside the United States
25
for purposes of providing logistics support as re-
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1
quired under operational and contingency plans, set
2
forth separately by location.
3
‘‘(F) An assessment of any existing and pro-
4
jected threats to sites outside the continental United
5
States that are expected to support such operational
6
and contingency plans.
7
‘‘(3) The strategy required under paragraph (1) shall
8 cover the period of two years following the date of the
9 strategy and shall be updated on an biennial basis.
10
‘‘(d) QUARTERLY BRIEFINGS.—Not later than 180
11 days after the date of the enactment of this section, and
12 quarterly thereafter until December 31, 2031, the Deputy
13 Secretary of Defense, the Vice Chair of the Joint Chiefs
14 of Staff, and the Commander of the United States Trans15 portation Command, or their representatives, shall provide
16 to the Committees on Armed Services of the Senate and
17 House of Representatives a briefing on the execution of
18 the responsibilities under subsection (a)(1) and (2), in19 cluding updates on the development and implementation
20 of the strategy required under subsection (c).
21
‘‘(e) BUDGET JUSTIFICATION MATERIALS.—The
22 Secretary of Defense shall include in the budget justifica23 tion materials submitted to Congress in support of the
24 budget of the President for a fiscal year pursuant to sec25 tion 1105(a) of title 31, United States Code, a cumulative
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1 accounting of contested logistics investments represented
2 in such budget and how such investments relate to the
3 duties and responsibilities under subsection (a)(1) and
4 (2).’’.
5
(b) DEADLINE.—The development of the strategy re-
6 quired under subsection (c) of section 2229b of title 10,
7 United States Code, as added by subsection (a), shall be
8 completed by not later than January 31, 2027.
9
SEC. 335. MODIFICATION OF PROHIBITION ON CONTRACTS
10
FOR PERFORMANCE OF FIREFIGHTING OR
11
SECURITY-GUARD FUNCTIONS.
12
Section 2465(b)(4) of title 10, United States Code,
13 is amended—
14
(1) in the matter preceding subparagraph (A),
15
by striking ‘‘for the performance of firefighting func-
16
tions if the contract’’ and inserting ‘‘that’’;
17
(2) in subparagraph (B)—
18
(A) by striking ‘‘only’’;
19
(B) by striking ‘‘firefighting’’; and
20
(C) by striking ‘‘by reason of a deploy-
21
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1
SEC. 336. RESPONSIBILITIES FOR OVERSIGHT OF CERTAIN
2
3
DEFENSE PERSONAL PROPERTY MATTERS.
(a) ESTABLISHMENT.—Chapter 157 of title 10,
4 United States Code, is amended by inserting after section
5 2636a the following new section:
6 ‘‘§ 2636b. Responsibilities for oversight of personal
7
8
property transportation
‘‘(a) RESPONSIBILITIES.—Subject to subsection (b),
9 not later than one year after the date of the enactment
10 of this section, the Secretary of Defense shall assign to
11 a single office or other organizational element within the
12 Department of Defense the following responsibilities:
13
14
‘‘(1) Overseeing the activities and personnel of,
and any other matter relating to, the following:
15
‘‘(A) Any office or other organizational ele-
16
ment of a military department responsible for
17
shipping baggage or household effects, sched-
18
uling or processing orders for such shipments,
19
providing storage services for such baggage or
20
household effects, or providing privately owned
21
vehicle transportation services in connection
22
with a permanent change of station, on behalf
23
of members of the armed forces, including any
24
personal property shipping office, joint or con-
25
solidated personal property shipping office, or
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1
personal property processing office of such mili-
2
tary department.
3
‘‘(B) The Defense Personal Property Man-
4
agement Office, or any such successor office.
5
‘‘(2) Overseeing the adjudication of any claim
6
filed with respect to the defense personal property
7
program (including the adjudication of such claims
8
under section 2636(a) of this title or section 3721
9
of title 31) and any other matter relating to such
10
program.
11
‘‘(b) EXCLUSION.—The responsibilities under sub-
12 section (a) may not be assigned to any combatant com13 mand or component thereof.
14
‘‘(c) DEFENSE PERSONAL PROPERTY PROGRAM DE-
15
FINED.—In this section, the term ‘defense personal prop-
16 erty program’ means the program of the Department of
17 Defense for managing the shipment of the baggage and
18 household effects for members of the armed forces or civil19 ian employees of the Department, or any such successor
20 program.’’.
21
(b) BRIEFING.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of Defense
23 shall provide to the Committees on Armed Services of the
24 House of Representatives and the Senate a briefing on the
25 plan and timeline for the implementation of section 2636b
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1 of title 10, United States Code, as added by subsection
2 (a). Such briefing shall include—
3
(1) an identification of the office or other orga-
4
nizational element within the Department of Defense
5
to which the Secretary plans to assign the respon-
6
sibilities specified in such section 2636b;
7
(2) details relating to any changes to require-
8
ments, authorities, or processes necessary to imple-
9
ment such section 2636b;
10
11
(3) an estimate of the resources required to implement such section 2636b;
12
(4) a plan to improve the business systems sup-
13
porting the office or other organizational element
14
identified pursuant to paragraph (1) with respect to
15
the conduct of the responsibilities specified in such
16
section 2636b;
17
(5) a plan to provide the necessary staffing and
18
resourcing for such office or other organizational ele-
19
ment with respect to the conduct of such responsibil-
20
ities; and
21
(6) a plan for partnership with commercial
22
service household goods providers.
23
(c) REGULATIONS.—Not later than 90 days after the
24 date on which the briefing is provided under subsection
25 (b), the Secretary of Defense shall prescribe regulations
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1 to implement section 2636b of title 10, United States
2 Code, as added by subsection (a).
3
SEC. 337. ROLES AND RESPONSIBILITIES RELATING TO
4
SUSTAINMENT AND READINESS OF CERTAIN
5
NAVAL SURFACE VESSELS.
6
Chapter 863 of title 10, United States Code, is
7 amended by adding at the end the following new section:
8 ‘‘§ 8698.
Roles
and
responsibilities
relating
to
9
sustainment and readiness of certain
10
naval surface vessels
11
‘‘(a) TYPE COMMANDER LEADERSHIP.—(1) Begin-
12 ning on the date that is one year after the date of the
13 enactment of this section, the Secretary of the Navy
14 shall—
15
‘‘(A) designate type commanders as the primary
16
authorities responsible for the maintenance, repair,
17
sustainment, and readiness of covered vessels; and
18
‘‘(B) ensure that regional maintenance centers
19
act under the direction of, and in support of, type
20
commanders with respect to such maintenance, re-
21
pair, and sustainment.
22
‘‘(2) The responsibilities of each type commander
23 under paragraph (1)(A) shall include—
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1
‘‘(A) overseeing all maintenance and repair ac-
2
tivities at private shipyards for covered vessels in the
3
naval force of that type commander; and
4
‘‘(B) setting priorities and approving contracts
5
for the maintenance and repair of such vessels.
6
‘‘(b) MAINTENANCE AND REPAIR AT PRIVATE SHIP-
7
YARDS.—(1) Beginning on the date that is one year after
8 the date of the enactment of this section, for each covered
9 vessel undergoing maintenance or repair at a private ship10 yard, the project manager concerned, the port engineer
11 concerned, and the commanding officer of such vessel—
12
‘‘(A) may jointly determine the work to be per-
13
formed during the overhaul period for the covered
14
vessel, including by jointly adjusting priorities for
15
such work consistent with the applicable budget and
16
schedule for such maintenance or repair; and
17
‘‘(B) shall report directly to the type com-
18
mander of the naval force to which the covered ves-
19
sel belongs with respect to such maintenance or re-
20
pair.
21
‘‘(2) Contracting officers of the Department of De-
22 fense shall manage contracts as necessary to ensure con23 sistency with any determination or adjustment made pur24 suant to paragraph (1)(A).
25
‘‘(c) DEFINITIONS.—In this section:
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1
‘‘(1) The term ‘covered vessel’ means a naval
2
surface vessel that is not propelled or powered by a
3
nuclear reactor.
4
‘‘(2) The term ‘port engineer concerned’ means,
5
with respect to a naval vessel, the technical expert
6
on the condition of such vessel responsible for advis-
7
ing on repairs and related standards for such vessel.
8
‘‘(3) The term ‘project manager concerned’
9
means, with respect to a naval vessel undergoing
10
maintenance or repair, the individual responsible for
11
overseeing the overhaul period with respect to such
12
maintenance or repair.
13
‘‘(4) The term ‘regional maintenance center’—
14
‘‘(A) means an organization of the Navy
15
that supports ship maintenance in a designated
16
geographic region; and
17
‘‘(B) includes the Mid-Atlantic Regional
18
Maintenance Center in Nofolk, Virginia, the
19
Southwest Regional Maintenance Center in San
20
Diego, California, the Southeast Regional Main-
21
tenance Center in Mayport, Florida, and the
22
Hawaii Regional Maintenance Center in Pearl
23
Harbor, Hawaii.
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1
‘‘(5) The term ‘type commander’ means the flag
2
officer in command of a naval surface force, such as
3
the following:
4
‘‘(A) Commander, Naval Surface Force,
5
Atlantic.
6
‘‘(B) Commander, Naval Surface Force,
7
Pacific Fleet.’’.
8
SEC. 338. STRATEGY TO IMPROVE INFRASTRUCTURE OF
9
CERTAIN DEPOTS OF DEPARTMENT OF DE-
10
FENSE.
11
Section 359 of the National Defense Authorization
12 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
13 1323; 10 U.S.C. 2476 note) is amended—
14
(1) by striking subsection (c); and
15
(2) by redesignating subsections (d) and (e) as
16
subsections (c) and (d), respectively.
17
SEC. 339. MODIFICATION OF REPORT ON IMPROVED OVER-
18
SIGHT FOR IMPLEMENTATION OF SHIPYARD
19
INFRASTRUCTURE OPTIMIZATION PROGRAM
20
OF THE NAVY.
21
Section 355(c)(2)(A) of the National Defense Au-
22 thorization Act for Fiscal Year 2022 (Public Law 117–
23 81; 10 U.S.C. 8013 note) is amended by inserting before
24 the semicolon the following: ‘‘, and the incorporation of
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1 digital infrastructure (including hardware, software, and
2 cloud storage) and platforms into such program’’.
3
SEC. 340. EXTENSION AND MODIFICATION OF SEMIANNUAL
4
BRIEFINGS ON OPERATIONAL STATUS OF AM-
5
PHIBIOUS WARSHIP FLEET.
6
Section 352 of the National Defense Authorization
7 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
8 229) is amended—
9
(1) in subsection (a), by striking ‘‘September
10
30, 2026’’ and inserting ‘‘September 30, 2028’’; and
11
(2) in subsection (b), by adding at the end the
12
following new paragraph:
13
‘‘(6) Details regarding the maintenance and
14
service life extension plan for each operational am-
15
phibious warfare ship (as such term is defined in
16
section 8062 of title 10, United States Code) within
17
such fleet until the obligation and work limiting date
18
for the construction contract for a replacement am-
19
phibious warship, as necessary to meet the require-
20
ments under subsection (b) of such section 8062.’’.
21
SEC. 341. MAINTENANCE INSPECTION CAPABILITIES AND
22
23
REQUIREMENTS.
(a) REQUIREMENT.—Subject to the requirements of
24 subsection (b), the Secretary of Defense shall ensure that
25 when the Department of Defense conducts maintenance
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1 of aviation critical safety items and mission critical parts,
2 such maintenance—
3
(1) includes the use of a technical data require-
4
ment or organic or commercially available diagnostic
5
tool, if such a requirement or tool is required and
6
available; and
7
8
(2) is not conducted solely through visual inspection unless—
9
(A) no such requirement or tool is avail-
10
able; or
11
(B) only a visual inspection is required
12
13
under a technical data requirement.
(b) SUSTAINMENT.—The Secretary shall ensure that
14 the acquisition of appropriate technical data requirements
15 and diagnostic tools for the conduct of maintenance of
16 aviation critical safety items and mission critical parts are
17 planned as part of the sustainment of the systems con18 taining such items and parts.
19
(c) DEFINITIONS.—In this section:
20
(1) The term ‘‘aviation critical safety item’’
21
means any part, assembly, installation equipment,
22
launch equipment, recovery equipment, or support
23
equipment for an aircraft or aviation weapon system
24
the failure, malfunction, or absence of which could
25
cause—
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1
(A) a catastrophic or critical failure result-
2
ing in the loss of or serious damage to the air-
3
craft or weapon system;
4
(B) an unacceptable risk of personal injury
5
or loss of life; or
6
(C) an uncommanded engine shutdown
7
that jeopardizes safety.
8
(2) The term ‘‘corrosion’’ means the deteriora-
9
tion of a material or its properties, including non-
10
metallic materials, due to a reaction of that material
11
with the chemical environment.
12
13
(3) The term ‘‘diagnostic tool’’ means a non-destructive inspection tool capable of—
14
(A) detecting corrosion, cracks, component
15
damage, adhesion failure, and standard wear
16
and tear; and
17
(B) leveraging artificial intelligence and
18
machine learning to build a predictive mainte-
19
nance database when necessary to improve
20
maintainability.
21
22
SEC. 342. JOINT STRIKE FIGHTER SUSTAINMENT.
(a) REQUIREMENTS.—By not later than September
23 30, 2028, the Secretary of Defense, in consultation with
24 the Secretary of the Navy and the Secretary of the Air
25 Force, shall ensure that—
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1
(1) sufficient wartime spares, support equip-
2
ment, and depot level capabilities are projected to be
3
available for the F-35 Joint Strike Fighter to—
4
(A) sustain F-35 Joint Strike Fighter op-
5
erations for at least 90 days in the most stress-
6
ing operational plan required of each such Sec-
7
retary; and
8
(B) meet the fleet wide minimum readiness
9
targets established by each such Secretary;
10
(2) each F-35 Joint Strike Fighter contractor
11
has provided to the Secretary of Defense, and the
12
Secretary has validated as accurate, all information
13
that is necessary for the Department of Defense to
14
successfully complete the financial reporting and ac-
15
countability requirements for F-35 property, includ-
16
ing—
17
(A) the incorporation of information relat-
18
ing to the management and reporting of Gov-
19
ernment property that has been provided for
20
contractor performance, as defined and agreed
21
upon in the contract entered into by the con-
22
tractor; and
23
(B) the remediation of all material weak-
24
nesses of the F-35 Joint Strike Fighter Pro-
25
gram identified in the Department of Defense
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1
Agency Financial Report for Fiscal Year 2024
2
that are within the control and responsibility of
3
the contractor; and
4
(3) spare parts for F-35 aircraft titled to the
5
United States Government under the international
6
system for managing such spare parts commonly re-
7
ferred to as the ‘‘global spares pool’’ are initially
8
provisioned and catalogued with national stock num-
9
bers.
10
(b) TREATMENT OF INDIVIDUAL CONTRACTS.—The
11 information required under subsection (a)(2) may be pro12 vided on an individual contract basis.
13
(c) WAIVER.—The Secretary may waive a require-
14 ment under subsection (a) if the Secretary—
15
16
(1) determines that such waiver is in the national security interests of the United States; and
17
(2) provides to the congressional defense com-
18
mittees notice of such determination, which shall in-
19
clude an identification of the concern of the Sec-
20
retary, a remedial action plan, and a proposed
21
timeline to meet the requirements of such sub-
22
section.
23
(d) REPORT.—Not later than February 1, 2026, the
24 Secretary of Defense, in coordination with the Secretary
25 of the Navy and the Secretary of the Air Force, shall sub-
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1 mit to the congressional defense committees a report on
2 the F-35 Joint Strike Fighter program that includes a de3 scription of each of the following:
4
(1) The top scarce supply assets and plans to
5
reach sustainable supply positions by not later than
6
September 30, 2028.
7
(2) The readiness condition of afloat and de-
8
ployment spares packages and efforts available to re-
9
fresh outdated supplies and spares.
10
(3) The fiscal programming, by fiscal year, nec-
11
essary to reduce deficient parts and depot capabili-
12
ties to meet the joint strike fighter planning targets
13
by not later than September 30, 2028.
14
(4) A plan, by fiscal year, to integrate the spare
15
parts specified in subsection (a)(3) into the working-
16
capital funds of the Department of the Air Force
17
and Department of the Navy, respectively.
18
SEC. 343. DEPOT-LEVEL MAINTENANCE COORDINATION IN
19
20
MULTINATIONAL EXERCISES.
(a) IN GENERAL.—Each year, the Secretary of the
21 Air Force shall incorporate in at least one multinational
22 exercise conducted in the area of operations of the United
23 States Indo-Pacific Command—
24
25
(1)
depot-level
maintenance,
repair,
and
sustainment considerations, including binational or
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1
multinational planning sessions with covered nations
2
on—
3
(A) identifying opportunities to cooperate
4
on depot-level maintenance and repair in ways
5
that minimize transportation requirements in
6
such area of operations and determining the au-
7
thorities necessary to deliver the necessary joint
8
capabilities;
9
(B) facilitating real-time coordination be-
10
tween the United States and covered nations to
11
maintain munitions stock levels and resupply
12
routes in the such area of operations;
13
(C) mutual recognition of airworthiness
14
and maintenance certification between the
15
United States and covered nations; and
16
(D) emergency tabletop exercises, such as
17
when an aircraft of a covered nation breaks
18
down on United States territory, and vice versa,
19
in a contested logistics environment; and
20
(2)
coordination
with
the
Air
Force
21
Sustainment Center, including the participation of
22
representatives of—
23
24
25
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(B) United States Air Force Pacific;
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1
(C) the United States Air Mobility Com-
2
mand; and
3
4
(D) the Air Force Sustainment Center.
(b) REPORT.—Not later than 180 days after the date
5 on which the first exercise is completed in accordance with
6 subsection (a), the Secretary of the Air Force shall submit
7 to the congressional defense committees a report summa8 rizing the lessons learned from carrying out such exercise.
9 Such report shall include each of the following:
10
11
(1) A list of candidate systems for cosustainment with covered nations.
12
(2) A list of depot-level repair workload oppor-
13
tunities to undertake with covered nations, including
14
testing equipment or line replaceable units.
15
(3) Opportunities to incorporate industry part-
16
ners from covered nations in depot-level maintenance
17
repair activities, including through public-private
18
partnerships.
19
(4) An identification of any potential logistical
20
challenges that could arise with the host country, in-
21
cluding with respect to workforce, housing, and loca-
22
tion of workload.
23
(5) An identification of any potential impedi-
24
ments involving intellectual property or data rights
25
between original equipment manufacturers and the
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1
Department of the Air Force or between the Depart-
2
ment of the Air Force and named partner countries.
3
(6) An identification of any potential impedi-
4
ments related to the International Traffic in Arms
5
Regulations and related statutes.
6
(7) Any additional recommendations to Con-
7
gress that would ease the facilitation of depot-level
8
maintenance repair partnerships with covered na-
9
tions, including changes to existing status of forces
10
agreements.
11
(8) An analysis of current maintenance and re-
12
pair capabilities and gaps in the organic industrial
13
bases of covered nations.
14
(9) An assessment of the types of maintenance
15
and repair activities (depot-level, preventative, cor-
16
rective) that may be most appropriate for partner-
17
ship with covered nations.
18
(c) COVERED NATION DEFINED.—In this section, the
19 term ‘‘covered nation’’ means any of the following:
20
(1) The Commonwealth of Australia.
21
(2) Canada.
22
(3) Japan.
23
(4) New Zealand.
24
(5) The Republic of Korea.
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1
2
(6) The United Kingdom of Great Britain and
Northern Ireland.
3
(7) Any other nation designated a covered na-
4
tion for the purposes of this section by the Secretary
5
of the Air Force.
6
SEC. 344. PROPOSED ACTIONS WITH RESPECT TO CAUSES
7
AND
8
READINESS RATES.
9
EFFECTS
OF
DECLINING
AIRCRAFT
(a) REPORT ON PROPOSED ACTIONS.—Not later
10 than May 31, 2026, the Secretary of the Air Force shall
11 submit to the Committees on Armed Services of the House
12 of Representatives and the Senate a report on the declin13 ing rates of aircraft readiness within the fleet of the Air
14 Force (with an emphasis on fighter aircraft within such
15 fleet) and factors contributing to that decline. Such report
16 shall include, with respect to such aircraft—
17
18
19
(1) proposed actions to—
(A) reverse the declining rates of aircraft
readiness;
20
(B) improve the effectiveness of aircraft
21
sustainment, including by addressing mainte-
22
nance backlogs, supply shortages of aircraft
23
parts, and depot capacity constraints; and
24
25
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1
(2) recommendations for any relevant legislative
2
actions.
3
(b) IMPLEMENTATION DEADLINE.—Not later than
4 one year after the date of the enactment of this Act, the
5 Secretary of the Air Force shall implement the proposed
6 actions identified in the report required under subsection
7 (a).
8
(c) ANNUAL IMPLEMENTATION REPORTS.—Not later
9 than 30 days after the date on which the Secretary of the
10 Air Force implements the proposed actions under sub11 section (b), and annually thereafter for each of the subse12 quent three years, the Secretary shall submit to the Com13 mittees on Armed Services of the House of Representa14 tives and the Senate a report on the status of the imple15 mentation of such actions.
16
(d) FORM OF REPORTS.—Each report required to be
17 submitted under this section shall be submitted in unclas18 sified form, but may include a classified annex.
19
SEC. 345. TECHNOLOGY ENHANCEMENT FOR SURFACE
20
21
SHIP MAINTENANCE.
(a) IN GENERAL.—The Secretary of the Navy shall
22 investigate, and, as feasible, qualify, approve, integrate,
23 and fully adopt into contract requirements, advanced tech24 nologies and processes for Navy surface ship maintenance
25 on an expedited timeline to enhance readiness, reduce
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1 costs, and address delays in maintenance and repair activi2 ties.
3
(b) SPECIFIED ADVANCED TECHNOLOGIES
AND
4 PROCESSES.—In carrying out subsection (a), the Sec5 retary of the Navy shall prioritize the following:
6
7
(1) Automated weld inspection for robotic weld
defect detection.
8
9
(2) Real-time sustainment monitoring for sensor-based health tracking.
10
11
(3) Advanced blast and painting for automated
hull coating systems.
12
13
(4) Press connect fittings for no-hot-work pipe
repairs.
14
15
(5) Robotic tank inspection for confined space
condition assessments.
16
17
(6) Additive manufacturing for on-demand 3Dprinted parts.
18
19
(7) Augmented reality support for augmented
reality-guided repairs.
20
21
(8) Cold spray repair for metal surface restoration.
22
23
(9) Predictive maintenance algorithms for artificial intelligence-driven failure prediction.
24
25
(10) Automated nondestructive testing for
robotic material evaluation.
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1
2
(11) Autonomous underwater vehicles for hull
inspection submersibles.
3
4
(12) Digital twin technology for virtual ship
modeling.
5
6
(13) High-pressure waterjet cleaning for rust
and paint removal.
7
8
(14) Modular maintenance platforms for standardized repair setups.
9
10
(15) Smart coatings for self-healing, anti-fouling surfaces.
11
12
(16) Laser ablation for laser-based surface
preparation.
13
14
(17) Drone-based inspection for uncrewed
structural surveys.
15
16
(18) Electrochemical corrosion mitigation for
corrosion prevention systems.
17
(19)
18
diagnostics.
19
20
for
internal
pipe
pair solutions.
(21) Plasma coating for durable surface protection.
23
24
pigging
(20) Modular overhaul kits for pre-packaged re-
21
22
Smart
(22) High-velocity oxygen fuel coating for highvelocity wear protection.
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1
(23) Portable diagnostics for handheld trouble-
2
shooting tools.
3
(c) OPEN QUALIFICATION PROCESS.—
4
(1) IN GENERAL.—The Secretary of the Navy
5
shall establish a process under which non-govern-
6
ment entities may submit proposals for the inves-
7
tigation, qualification, approval, integration, and full
8
adoption under subsection (a) of advanced tech-
9
nologies or processes not specified in subsection (b).
10
(2) EVALUATION.—The Secretary of the Navy
11
shall evaluate any proposal submitted pursuant to
12
the process established under paragraph (1) not
13
later than 90 days after the date of such submission.
14
(3) PROPOSAL
REQUIREMENTS.—A
proposal
15
submitted pursuant to the process established under
16
paragraph (1) shall include an assessment of options
17
to improve maintenance efficiency, safety, or cost-ef-
18
fectiveness.
19
(4) QUALIFICATION DECISION.—In evaluating
20
proposals pursuant to the process established under
21
paragraph (1), the Secretary of the Navy shall make
22
decisions based on technical merit and the needs of
23
the Navy.
24
(d) THIRD-PARTY REVIEW.—
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1
(1) IN GENERAL.—The Under Secretary of De-
2
fense for Acquisition and Sustainment shall seek to
3
enter into a contract with an appropriate inde-
4
pendent third-party reviewer under which such re-
5
viewer shall assess any decision of the Secretary of
6
the Navy not to select for qualification of approval
7
an advanced technology or process included in a pro-
8
posal submitted pursuant to the process established
9
under subsection (c).
10
(2) REPORT TO CONGRESS.—A contract entered
11
into under paragraph (1) shall require the inde-
12
pendent third-party reviewer to, not later than 90
13
days after the date of the decision concerned, submit
14
to the Committees on Armed Services of the Senate
15
and House of Representatives an unaltered report
16
that includes—
17
(A) an evaluation of the rationale of the
18
Secretary in not selecting the technology or
19
process;
20
(B) a statement of the agreement or dis-
21
agreement of the reviewer with the decision and
22
rationale of the Secretary; and
23
(C) recommendations, if applicable.
24
(e) PRIORITY.—The Secretary of the Navy may
25 prioritize the investigation, qualification, approval, inte-
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1 gration, and full adoption of advanced technologies and
2 processes under this section based on operational needs,
3 budget constraints, and compatibility with existing sys4 tems, if the Secretary includes justifications for such
5 prioritization in the report required by subsection (g).
6
(f) UPDATES.—If an advanced technology or process
7 is adopted into contract requirements pursuant to sub8 section (a), the Secretary of the Navy shall update poli9 cies, specifications, guidance, and contracts, as necessary,
10 to account for such adoption.
11
(g) REPORT REQUIRED.—Not later than 180 days
12 after the date of the enactment of this Act, the Secretary
13 of the Navy shall submit to Congress a report that in14 cludes detailed timelines for the qualification and approval
15 of each advanced technology or process specified in sub16 section (b) and any additional advanced technologies or
17 processes identified pursuant to the process established
18 under subsection (c), including estimated implementation
19 dates or justifications for non-pursuit.
20
SEC. 346. OVERSIGHT REQUIREMENTS FOR CONTRACTS RE-
21
LATING
22
HOUSEHOLD GOODS.
23
TO
RELOCATION
LOGISTICS
FOR
(a) REQUIREMENTS.—The Secretary of Defense shall
24 ensure that any covered contract includes the following
25 oversight requirements:
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1
(1) The prime contractor shall submit to the
2
Secretary a document summarizing the key terms
3
and conditions of each subcontract relating to capac-
4
ity, performance, or compliance with the require-
5
ments of the subcontract, which shall include the fol-
6
lowing:
7
(A) The guaranteed capacity of each sub-
8
contractor to perform the work required under
9
the subcontract (including with respect to loca-
10
tion, volume, and peak season commitment).
11
(B) Performance metrics and service level
12
agreements applicable to each subcontractor.
13
(C) Provisions for monitoring and enforc-
14
ing subcontractor performance.
15
(D) Termination clauses and penalties for
16
noncompliance.
17
(E) Data sharing and security require-
18
ments.
19
(2) Each subcontractor shall provide to the
20
prime contractor, upon request, certifications and
21
copies of training completion relating to compliance
22
with the requirements under the subcontract.
23
(3) The prime contractor shall submit to the
24
Secretary regular performance reports on each sub-
25
contractor, including metrics relating to on-time
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1
pickup, on-time delivery, damage claim rates, cus-
2
tomer satisfaction, and compliance with the require-
3
ments of the subcontract.
4
(4) The prime contractor shall submit to the
5
Secretary a subcontractor management plan out-
6
lining the processes of the prime contractor for se-
7
lecting, monitoring, and managing subcontractors,
8
including a description of how the prime contractor
9
ensures subcontractor compliance with applicable
10
laws, regulations, and the requirements of the sub-
11
contract.
12
(5) The prime contractor shall maintain a com-
13
prehensive risk management plan that addresses po-
14
tential disruptions to the performance of work by
15
subcontractors of the prime contractor, such as fi-
16
nancial instability, natural disasters, or labor dis-
17
putes.
18
(6) Not less frequently than on a monthly basis
19
for the duration of the covered contract, the prime
20
contractor shall submit to the Secretary the subcon-
21
tractor rating system used by the prime contractor,
22
with current scoring results under such system.
23
(7) The prime contractor shall submit to the
24
Secretary the subcontractor rates for each move to
25
be performed under the subcontract.
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1
(8) The prime contractor shall establish clear
2
escalation procedures for addressing subcontractor
3
performance issues, including steps for resolving dis-
4
putes, implementing corrective actions, and termi-
5
nating non-performing subcontractors.
6
(9) The Federal Government may audit subcon-
7
tractor records with reasonable notice to the prime
8
contractor.
9
(10) The covered contract shall include a fixed-
10
price line item for monthly overhead costs, separate
11
from the rates associated with the costs of individual
12
moves performed under the covered contract.
13
(11) The prime contractor shall establish a
14
database that the Secretary may access on a real-
15
time basis to ensure compliance with this section.
16
(b) ADDITIONAL CONSIDERATIONS.—During the de-
17 velopment of an acquisition strategy and execution strat18 egy for any covered contract, the Secretary shall consider,
19 in addition to the requirements under subsection (a), the
20 following:
21
(1) Entering into a single contract pursuant to
22
the requirements of the Federal Acquisition Regula-
23
tion if the move to be performed under such contract
24
would involve the use of a shipping lane that ac-
25
counts for more than one percent of the total volume
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1
of permanent change of station moves and entering
2
into a services contract if the move to be performed
3
under such contract would not involve the use of
4
such a lane.
5
(2) Tiered incentive awards for higher levels of
6
capacity.
7
(c) COVERED CONTRACT.—In this section, the term
8 ‘‘covered contract’’—
9
(1) means a contract with an entity that pro-
10
vides relocation logistics for the household goods of
11
members of the Armed Forces undergoing a perma-
12
nent change of station (commonly referred to as a
13
‘‘single move manager’’); and
14
(2) does not include a contract or other agree-
15
ment for the relocation of a private vehicle owned or
16
leased by a member of the Armed Forces.
17
SEC. 347. INTEGRATION OF COMMERCIALLY AVAILABLE
18
ARTIFICIAL
19
INTO LOGISTICS OPERATIONS.
20
INTELLIGENCE
CAPABILITIES
(a) IN GENERAL.—The Secretary of Defense shall fa-
21 cilitate the integration of currently available and suitable
22 commercial artificial intelligence capabilities specifically
23 designed to assist with logistics tracking, planning, oper24 ations, and analytics into two relevant and suitable exer-
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1 cises of the Department of Defense to be conducted during
2 fiscal year 2026.
3
(b) COMMERCIAL PRODUCT.—
4
(1) IN GENERAL.—The Secretary of Defense, in
5
coordination with the commander of the combatant
6
command or commands overseeing the exercises se-
7
lected under subsection (a), shall identify for each
8
such exercise a commercially available artificial intel-
9
ligence product that is specifically designed to ad-
10
dress logistics needs of the Department of Defense
11
and meets the critical data security protocols out-
12
lined in subsection (c).
13
(2) CAPABILITY OF PARTNER.—In selecting a
14
commercial product under paragraph (1), the Sec-
15
retary of Defense and the commander of the com-
16
batant command or commands concerned shall—
17
(A) ensure that the commercial product ac-
18
quired for such an exercise includes the provi-
19
sion of capability to respond to potential soft-
20
ware changes in an agile and rapid manner to
21
ensure seamless integration and adaptability
22
during the exercise; and
23
(B) prioritize the consideration of a prod-
24
uct provided by a small or nontraditional soft-
25
ware focused firm.
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1
(c) DATA SECURITY.—The Secretary of Defense shall
2 ensure that all necessary approvals are expedited to facili3 tate the secure use of data of the Department of Defense
4 by commercial artificial intelligence providers during the
5 exercises selected under subsection (a), including—
6
7
(1) compliance with applicable cybersecurity
policies and regulations of the Department; and
8
(2) verification of measures to protect classified
9
and sensitive information.
10
(d) INTERIM BRIEFING.—Not later than March 1,
11 2026, the Secretary of Defense shall provide to the Com12 mittees on Armed Services of the Senate and the House
13 of Representatives an interim briefing that includes—
14
(1) identification of the specific exercises se-
15
lected under subsection (a), including an identifica-
16
tion of the combatant commanders participating in
17
each such exercise and a point of contact within the
18
combatant command responsible;
19
(2) identification of the specific commercial ar-
20
tificial intelligence capabilities integrated into the ex-
21
ercises, including the contractual mean or other
22
agreement used to facilitate the use of such capabili-
23
ties;
24
25
(3) notional timelines and resource needs for
each exercise; and
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1
(4) metrics to be used to assess the efficacy of
2
such tools used in each exercise.
3
(e) BRIEFING.—Not later than 30 days after the con-
4 clusion of an exercise selected under subsection (a), the
5 commander of the combatant command overseeing the ex6 ercise shall provide to the congressional defense commit7 tees a briefing that includes the following:
8
(1) An overview of the integration and use of
9
commercial artificial intelligence capabilities during
10
the exercise.
11
12
(2) An assessment of the effect of such technologies on unit readiness and operational success.
13
(3) Recommendations for further integration or
14
development of artificial intelligence capabilities in
15
future exercises and operations of the Department of
16
Defense.
17
SEC. 348. PILOT PROGRAM ON ARMY DEPOT AND ARSENAL
18
19
WORKLOAD SUSTAINMENT.
(a) ESTABLISHMENT
OF
PILOT PROGRAM.—Not
20 later than 90 days after the date of the enactment of this
21 Act, the Secretary of Defense shall establish a pilot pro22 gram, to be known as the ‘‘Army Depot and Arsenal
23 Workload Sustainment Pilot Program’’ (in this section re24 ferred to as the ‘‘pilot program’’), under which the Sec25 retary shall provide a preference to certain procurement
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1 actions and solicitations for the performance of work by
2 non-government entities at covered depots.
3
(b) PREFERENCES FOR PROCUREMENT ACTIONS OR
4 SOLICITATIONS.—
5
(1) IN GENERAL.—Under the pilot program es-
6
tablished under subsection (a), the Secretary of De-
7
fense shall provide a preference to any procurement
8
action or solicitation for the performance of work
9
submitted by a non-government entity that includes,
10
as part of such procurement action or solicitation, a
11
proposal to enter into a public-private partnership
12
with the Secretary under which the non-government
13
entity will perform the work at covered depots.
14
(2) FURTHER
PREFERENCE.—In
evaluating
15
procurement actions and solicitations under para-
16
graph (1), the Secretary shall give an additional
17
preference to any such action or solicitation sub-
18
mitted by a non-government entity that proposes to
19
use Department of Defense employees to perform
20
the work at a covered depot under such action or so-
21
licitation.
22
(3) REGULATIONS.—Not later than 270 days
23
after the date of the enactment of this Act, the Sec-
24
retary of Defense shall prescribe regulations for the
25
provision of preferences under this subsection.
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1
(c) REPORT REQUIRED.—
2
(1) IN GENERAL.—Not later than one year
3
after the date of the enactment of this Act, the Sec-
4
retary of Defense shall submit to the congressional
5
defense committees a report on the activities carried
6
out under the pilot program during that year, in-
7
cluding a description of any operational challenges
8
identified.
9
10
(2) ELEMENTS.—The report required under
paragraph (1) shall include the following:
11
(A) A breakout, by relevant budget ac-
12
counts, of work performed at each covered
13
depot during the year preceding the year during
14
which the report is submitted, including work
15
that was carried out directly and work that was
16
carried out through public-private partnerships
17
under the pilot program.
18
(B) An identification of the projected
19
workload at each covered depot during the pe-
20
riod covered by the future-years defense pro-
21
gram submitted to Congress under section 221
22
of title 10, United States Code.
23
(C) The capital investments projected in
24
such future-years defense program to be made
25
at each such covered depot to meet organic in-
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1
dustrial base core logistics capabilities in ac-
2
cordance with section 2464 of title 10, United
3
States Code.
4
(d) DURATION.—The authority to carry out a pilot
5 program under this section shall terminate on the date
6 that is five years after the date of the enactment of this
7 Act.
8
(e) DEFINITIONS.—In this section, the term ‘‘covered
9 depot’’ has the meaning given such term in section 2476(f)
10 of title 10, United States Code.
11
SEC. 349. LIMITATION ON USE OF FUNDS TO ESTABLISH OR
12
EXPAND SPACE FORCE SPECIAL OPERATIONS
13
COMPONENT COMMAND.
14
(a) IN GENERAL.—None of the funds authorized to
15 be appropriated by this Act or otherwise made available
16 for Major Force Program 11 for the United States Special
17 Operations Command may be obligated or expended to es18 tablish or expand a Space Force Special Operations Com19 ponent Command until the date that is 30 days after the
20 date on which the Assistant Secretary of Defense for Spe21 cial Operations and Low-Intensity Conflict and the Com22 mander of the United States Special Operations Com23 mand, in consultation with the Chief of Space Operations,
24 jointly submit to the Committees on Armed Services of
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1 the Senate and the House of Representatives the report
2 required by subsection (b).
3
(b) REPORT.—The report required under this sub-
4 section shall include each of the following:
5
(1) An articulation of the requirement for a
6
Space Force Special Operations Component Com-
7
mand.
8
(2) A funding profile, across the future-years
9
defense program submitted under section 221 of
10
title 10, United States Code, for the establishment
11
of a Space Force Special Operations Component
12
Command, including a delineation of funds required
13
under Major Force Program 2 and Major Force
14
Program 11.
15
(3) A timeline and conditions for achieving ini-
16
tial and full operational capability for a Space Force
17
Special Operations Component Command.
18
(4) An identification of the military, civilian,
19
and contractor personnel required for a Space Force
20
Special Operations Component Command at initial
21
and full operational capability.
22
(5) An identification of the facilities require-
23
ments for a Space Force Special Operations Compo-
24
nent Command at initial and full operational capa-
25
bility.
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1
(6) An explanation of how and when the Sec-
2
retary of Defense and the Assistant Secretary of De-
3
fense for Special Operations and Low-Intensity Con-
4
flict have documented approval for the establishment
5
of a Space Force Special Operations Component
6
Command.
7
(7) An explanation of the administrative and
8
command relationships between a Space Force Spe-
9
cial Operations Component Command and the
10
United States Special Operations Command, United
11
States Space Command, and the Space Force.
12
(8) Any other matters determined relevant by
13
the Assistant Secretary of Defense for Special Oper-
14
ations and Low-Intensity Conflict and the Com-
15
mander of the United States Special Operations
16
Command.
17
SEC. 350. PILOT PROGRAM FOR DATA-ENABLED GROUND
18
19
VEHICLE MAINTENANCE.
(a) IN GENERAL.—Not later than 90 days after the
20 date of the enactment of this Act, the Secretary concerned
21 with respect to a covered Armed Force, in consultation
22 with the Chief Digital and Artificial Intelligence Officer
23 of the Department of Defense, shall establish in such cov24 ered Armed Force a pilot program under which the cov25 ered Armed Force shall use commercially available artifi-
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1 cial intelligence technologies to improve the maintenance
2 of ground vehicles performed by such covered Armed
3 Force.
4
(b) OBJECTIVES.—Under the pilot program estab-
5 lished under subsection (a), the Secretary concerned
6 shall—
7
(1) assess the feasibility and effectiveness of ar-
8
tificial intelligence-driven approaches in improving
9
maintenance regimes for ground vehicles;
10
(2) assess the cost savings resulting from the
11
use of artificial intelligence technology for the main-
12
tenance of ground vehicles; and
13
(3) identify and mitigate potential challenges
14
and risks associated with the integration of artificial
15
intelligence technology for modernized maintenance
16
of ground vehicles, including cybersecurity concerns.
17
(c) REPORT.—Not later than one year after the date
18 of the enactment of this Act, each Secretary concerned
19 with respect to a covered Armed Force shall submit to
20 Committees on Armed Services of the House of Represent21 atives and the Senate a report on the activities performed
22 under the pilot program established under subsection (a)
23 in such covered Armed Force.
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1
(d) TERMINATION.—The authority to carry out a
2 pilot program under subsection (a) shall terminate on Jan3 uary 1, 2029.
4
(e) DEFINITIONS.— In this section:
5
6
(1) The term ‘‘covered Armed Force’’ means
the Army, Navy, or Air Force.
7
(2) The term ‘‘Secretary concerned’’ has the
8
meaning given such term in section 101(a)(9) of
9
title 10, United States Code.
10
SEC. 351. MODERNIZATION OF THE ORGANIC INDUSTRIAL
11
12
BASE OF THE ARMY.
(a) AUTHORITY TO ESTABLISH AND OPERATE.—The
13 Secretary of the Army shall accelerate the modernization
14 of the organic industrial base of the Army to meet the
15 requirements of the Army by ensuring additional produc16 tion of materials, or expanded use of capabilities, as de17 scribed in subsection (b).
18
(b) MATERIALS AND CAPABILITIES.—The Secretary
19 of the Army shall prioritize using or modifying existing
20 facilities of the organic industrial base of the Army for
21 the following purposes:
22
(1) Production of propellant.
23
(2) Production of any of 13 precursor chemicals
24
used widely across the Joint Program Executive Of-
25
fice Armaments and Ammunition portfolio that are
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1
currently sourced solely from the People’s Republic
2
of China.
3
(3) Production of any of the 300 chemicals
4
identified as single point failures by the Joint Pro-
5
gram Executive Office Armaments and Ammunition.
6
(4) Production of multiple calibers of ammuni-
7
tion.
8
9
(5) Development of methods for dual-use maintenance or production of vehicles and aircraft.
10
(6) Use of logistics.
11
(7) Production or use of any of the capabilities
12
listed in paragraphs (1) through (6).
13
(8) Another capability that the Secretary of the
14
Army certifies to the congressional defense commit-
15
tees is necessary to meet Army munitions and weap-
16
ons requirements.
17
(c) EXPEDITED PRODUCTION OR EXPANSION OF CA-
18
PABILITIES.—The Secretary shall expedite the production
19 or expansion of any capabilities described under sub20 section (b) and shall use, to the fullest extent possible,
21 existing environmental permits, security arrangements,
22 and personnel required for the production of materials
23 critical to Army munitions and weapons requirements.
24
(d) REPORT.—Not later than one year after the date
25 of the enactment of this Act, the Secretary of the Army
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1 shall submit to the congressional defense committees a re2 port on the use of the authority under this section.
3
(e) ORGANIC INDUSTRIAL BASE OF THE ARMY DE-
4
FINED.—In this section, the term ‘‘organic industrial base
5 of the Army’’ means each depot listed in section
6 2476(f)(1) of title 10, United States Code.
8
Subtitle D—Matters Relating to
Munitions
9
SEC. 361. REPORTING REQUIREMENTS FOR OUT-YEAR UN-
10
CONSTRAINED TOTAL MUNITIONS REQUIRE-
11
MENTS
12
BERS.
7
13
AND
OUT-YEAR
INVENTORY
NUM-
Section 222c of title 10, United States Code, is
14 amended—
15
(1) in subsection (c)—
16
(A) in paragraph (1), by inserting ‘‘ and
17
including OPLANs for operations involving the
18
People’s Republic of China, the Russian Fed-
19
eration, the Democratic People’s Republic of
20
North Korea, and the Islamic Republic of Iran’’
21
after ‘‘(OPLAN)’’; and
22
(B) by adding at the end the following new
23
paragraph:
24
‘‘(9) The estimated aggregate demand from
25
United States allies and partners.’’;
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1
(2) in subsection (e)—
2
(A) in paragraph (1)—
3
(i) by striking ‘‘number of years’’ and
4
inserting ‘‘production level for each fiscal
5
year’’; and
6
(ii) by striking ‘‘rate requested for the
7
fiscal year covered by the report’’ and in-
8
serting ‘‘end of the future years defense
9
program’’;
10
(B) by striking paragraph (2) and redesig-
11
nating paragraph (3) as paragraph (2); and
12
(C) in paragraph (2), as so redesignated—
13
(i) by striking ‘‘additional’’; and
14
(ii) by striking ‘‘Out-Year Uncon-
15
strained Total Munitions Requirement for
16
each munition by the end of the period
17
covered by the most recent future-years de-
18
fense program submitted to Congress pur-
19
suant to section 221 of this title.’’ and in-
20
serting ‘‘production level specified in para-
21
graph (1) for that fiscal year.’’;
22
23
(3) by redesignating subsection (f) as subsection (h); and
24
25
(4) by inserting after subsection (e) the following new subsections:
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1
‘‘(f) INCLUSION
IN
PLANNING, PROGRAMMING,
2 BUDGETING, AND EXECUTION.—The Secretary of De3 fense shall ensure that the production levels specified in
4 paragraph (1) are incorporated into the planning, pro5 gramming, budgeting, and execution process of the De6 partment of Defense to align munitions procurement with
7 the Out-Year Unconstrained Total Munitions Require8 ment.
9
‘‘(g) METHODOLOGY.—The estimate specified in sub-
10 section (c)(9)—
11
‘‘(1) shall be based on, at a minimum, relevant
12
information set forth in letters of offer and accept-
13
ance issued with respect to foreign military sales of
14
munitions authorized under chapter 2 of the Arms
15
Export Control Act (22 U.S.C. 2761 et seq.); and
16
‘‘(2) may be informed by—
17
‘‘(A) discussions held with allies and part-
18
ners of the United States regarding future po-
19
tential sales or transfers of munitions; and
20
‘‘(B) analyses of the United States Govern-
21
ment regarding the variants of munitions that
22
would most benefit the interests of the United
23
States if sold or transferred to allies and part-
24
ners of the United States.’’.
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1
SEC. 362. INCLUSION OF AIR AND MISSILE DEFENSE IN
2
OUT-YEAR
3
TIONS REQUIREMENT AND OUT-YEAR INVEN-
4
TORY NUMBERS.
5
UNCONSTRAINED
TOTAL
MUNI-
Section 222c(c) of title 10, United States Code, as
6 amended by section 361, is further amended—
7
(1) by redesignating paragraphs (5) through
8
(8) as paragraphs (6) through (9), respectively; and
9
(2) by inserting after paragraph (4) the fol-
10
lowing new paragraph (5):
11
‘‘(5) Air and Missile Defense.’’.
12
SEC. 363. REPORTS ON MUNITIONS RESPONSE PROJECTS
13
AT SITES FORMERLY USED BY THE DEPART-
14
MENT OF DEFENSE.
15
(a) IN GENERAL.—Not later than 30 days after the
16 last day of each fiscal quarter that begins after the date
17 of the enactment of this Act for a one-year period, and
18 on a biannual basis thereafter until the termination date
19 specified in subsection (c), the Assistant Secretary of De20 fense for Energy, Installations, and Environment, in co21 ordination with the Assistant Secretary of the Army for
22 Installations, Energy, and Environment, acting through
23 the Commanding General of the United States Army
24 Corps of Engineers, shall submit to the congressional de25 fense committees a report on the status of munitions re-
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1 sponse projects, including at sites formerly used by the
2 Department of Defense.
3
(b) ELEMENTS.—Each report submitted under sub-
4 section (a) shall include, for the period covered by the re5 port, the following information:
6
(1) The number of new task order awards for
7
munitions response projects at sites formerly used
8
by the Department of Defense issued and the total
9
dollar value of such awards.
10
(2) The number of optional tasks exercised as
11
part of such projects and the total dollar value of
12
such exercised tasks.
13
(3) The number of contract modifications or re-
14
quests for equitable adjustment issued as part of
15
such projects and the total dollar value of such
16
modifications and adjustments.
17
(4) The number of active munitions response
18
projects with contracts for which prior year funds
19
have been returned.
20
(5) A list of active munitions response projects
21
placed on hold for longer than one year and, for
22
each such project, a summary of the reason for the
23
hold, including delays related to regulatory agencies,
24
rights-of-entry issues, Federal land manager actions,
25
discrepancies in the number of subsurface anomalies
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1
between the statement of work and field conditions,
2
or prioritization based on risk.
3
(6) A description of the overall challenges to
4
executing the Military Munitions Response Program.
5
(c) TERMINATION DATE.—The termination date
6 specified in this subsection is the date that is five years
7 after the date of the enactment of this Act.
8
SEC. 364. REPORT ON CRITICAL MUNITIONS REQUIRED
9
FOR SIMULTANEOUS CONFLICTS.
10
(a) REPORT.—
11
(1) IN GENERAL.—Not later than 180 days
12
after the date of the enactment of this Act, the Sec-
13
retary of Defense shall submit to the congressional
14
defense committees a report that details the stock-
15
piles of critical munitions required to fight simulta-
16
neous conflicts in different theaters of operation.
17
18
(2) ELEMENTS.—The report under paragraph
(1) shall include the following elements:
19
(A) An estimate of the number of each
20
critical munition that would be required over
21
the course of simultaneous conflicts in different
22
theaters, modeled on the assumption that a
23
contingency operation in any one of the western
24
Pacific, Europe, Middle East, or Korean Penin-
25
sula theaters would increase the likelihood of a
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1
contingency operation in one or more other the-
2
aters
3
prepositioning of stockpiles and the risk posed
4
by moving critical munitions within such stock-
5
piles out of each theater.
and
taking
into
consideration
the
6
(B) An estimate of the number of days
7
during such a simultaneous conflict before the
8
current stockpiles of critical munitions of the
9
United States would be exhausted by the
10
United States Armed Forces.
11
(C) An estimate of the time required for
12
the industrial base to replenish critical munition
13
inventories during such a simultaneous conflict,
14
taking into account the Out-Year Uncon-
15
strained Total Munitions Requirement under
16
section 222c of title 10, United States Code,
17
and the results of the assessment conducted
18
pursuant to section 1705 of the National De-
19
fense Authorization Act for Fiscal Year 2023
20
(Public Law 117–263; 136 Stat. 2968) but not
21
the assumptions required under the Department
22
of Defense Instruction 3000.04, titled ‘‘DoD
23
Munitions Requirements Process’’.
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1
(D) An identification of the production re-
2
quirements for each critical munition necessary
3
to address any shortfall between—
4
5
(i) the production rates as of the date
of the report; and
6
(ii) the production rates necessary to
7
meet the number estimated under subpara-
8
graph (A).
9
(E) An assessment of the lessons learned
10
from the war in Ukraine with respect to the
11
rates at which munitions are consumed.
12
(F) An assessment of the projected muni-
13
tions stockpiles of the military forces of the
14
Russian Federation, the People’s Republic of
15
China, Iran, and the Democratic Republic of
16
Korea, and forces affiliated with such military
17
forces.
18
(G) An assessment of the projected stock-
19
piles of munitions of relevant partners and al-
20
lies of the United States in each theater and
21
opportunities for such partners and allies to en-
22
hance contributions to such stockpiles for bur-
23
den-sharing purposes.
24
(H) An assessment of the projected muni-
25
tions requirements of such partners and allies
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1
in each theater with respect to munitions pro-
2
duced in the United States, including an anal-
3
ysis of how such requirements would affect the
4
elements
5
through (D).
6
specified
in
subparagraphs
(A)
(b) PLAN.—
7
(1) IN GENERAL.—Not later than 90 days after
8
the date on which the Secretary of Defense submits
9
the report under subsection (a), the Secretary shall
10
submit to the congressional defense committees a
11
plan to implement critical munitions requirements to
12
fight simultaneous conflicts in the next budget cycle.
13
Such plan shall include a description of such actions
14
by industry, and arsenals and depots owned by the
15
United States, that the Secretary determines would
16
be necessary to meet such requirements.
17
(2) WAIVER.—The Secretary may waive the re-
18
quirement for the submission of a plan under para-
19
graph (1) if the Secretary submits to the congres-
20
sional defense committees a report with a justifica-
21
tion for the decision not to implement the results of
22
the report required by subsection (a)(2)(a) into the
23
requirements process for the next budget cycle. The
24
report shall include an assessment of the gap be-
25
tween current requirements for critical munitions
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1
and those requirements identified in the report re-
2
quired by subsection (a)(2)(a).
3
(c) CRITICAL MUNITIONS DEFINED.—In this section,
4 the term ‘‘critical munitions’’ includes munitions des5 ignated on the critical munitions list of the Chairman of
6 the Joint Chiefs of Staff.
7
Subtitle E—Other Matters
8
SEC. 371. ADJUSTMENT AND DIVERSIFICATION ASSIST-
9
ANCE FOR STATE AND LOCAL GOVERNMENTS
10
AFFECTED BY DEPOT REDUCTIONS.
11
(a) IN GENERAL.—Section 2391(b)(1) of title 10,
12 United States Code, is amended—
13
14
(1) by striking ‘‘or’’ after ‘‘military installation
resilience,’’;
15
(2) by inserting ‘‘or (G) by any action of the
16
Department of Defense that negatively affects a cov-
17
ered depot (as such term is defined in section
18
2476(f) of this title),’’ after ‘‘ the defense facility,’’;
19
and
20
(3) by striking ‘‘(C), or (F)’’ and inserting
21
‘‘(C), (F), or (G)’’.
22
(b) REPORT.—Not later than 60 days after the date
23 of the enactment of the Act, the Secretary of Defense shall
24 submit to the congressional defense committees a report
25 that includes an identification of the amount of adjust-
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1 ment and diversification assistance anticipated to be pro2 vided pursuant to the amendment made by subsection (a)
3 during fiscal year 2026 to State and local governments
4 for each covered depot.
5
SEC. 372. AUTHORITY TO EVACUATE FAMILY PETS AND
6
CONTRACT WORKING DOGS DURING NON-
7
COMBATANT
8
COUNTRIES.
9
EVACUATIONS
OF
FOREIGN
Chapter 157 of title 10, United States Code, is
10 amended by adding at the end the following new section:
11 ‘‘§ 2653. Evacuation of family pets and contract work12
ing dogs during noncombatant evacu-
13
ations of foreign countries
14
‘‘(a) AUTHORITY TO EVACUATE.—Subject to the lim-
15 itations under subsection (b), in the event of a situation
16 during which the Department of Defense evacuates non17 combatants from a foreign country, the Secretary of De18 fense may enter into agreements with appropriate non19 profit entities under which such entities provide for the
20 evacuation of—
21
22
‘‘(1) the family pets of citizens of the United
States who are evacuated by the Department; and
23
24
‘‘(2) contract working dogs located in such
country.
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1
‘‘(b) LIMITATIONS.—The limitations under this sub-
2 section are as follows:
3
‘‘(1) The Department of Defense is not respon-
4
sible for providing veterinary care for a family pet
5
or contract working dog by reason of the evacuation
6
of the pet or dog pursuant to subsection (a).
7
‘‘(2) The Secretary may not exercise the au-
8
thority under subsection (a) if the exercise of such
9
authority would result in a reduction in the number
10
of individuals who would otherwise be evacuated.
11
‘‘(3) The operator of a vehicle used for evacu-
12
ation may refuse to evacuate a family pet or con-
13
tract working dog if the operator determines that
14
the evacuation would create a safety risk to other
15
passengers or personnel.’’.
16
17
SEC. 373. MANNED ROTARY WING AIRCRAFT SAFETY.
(a) IN GENERAL.—Chapter 157 of title 10, United
18 States Code, as amended by section 372, is further amend19 ed by adding at the end the following new section:
20 ‘‘§ 2654. Aircraft safety: requirements for certain
21
highly trafficked domestic airspace
22
‘‘(a) LIMITATION ON OPERATION.—Notwithstanding
23 section 1046 of the National Defense Authorization Act
24 for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C.
25 40101 note), except as provided in subsection (b), the Sec-
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1 retary of a military department may not authorize any
2 manned rotary wing aircraft of the Department of Defense
3 to operate a training mission in a covered airspace unless
4 such aircraft, while being operated, is actively providing
5 warning of the proximity of such aircraft to nearby com6 mercial aircraft in a manner compatible with the traffic
7 alert and collision avoidance system of such commercial
8 aircraft.
9
‘‘(b) WAIVER AUTHORITY.—The Secretary of a mili-
10 tary department, with the concurrence of the Secretary of
11 Transportation, may waive the limitation under subsection
12 (a) with respect to the operation of an aircraft if that Sec13 retary—
14
‘‘(1) determines that—
15
‘‘(A) such waiver is in the national security
16
interests of the United States; and
17
‘‘(B) a commercial aviation compatibility
18
risk assessment has been conducted with re-
19
spect to the operation of the aircraft pursuant
20
to the waiver to mitigate the risk associated
21
with such operation; and
22
‘‘(2) in the case of a waiver to be in effect for
23
a period exceeding 30 days, submits to appropriate
24
congressional committees notice of such waiver, in-
25
cluding a copy of the applicable commercial aviation
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1
compatibility risk assessment specified in paragraph
2
(1)(B).
3
‘‘(c) LIMITATION ON DELEGATION.—The Secretary
4 of a military department may not delegate the waiver au5 thority under subsection (b) to an official whose rank is
6 below a general or flag officer.
7
‘‘(d) DEFINITIONS.—
8
9
‘‘(1) The term ‘appropriate congressional committees’ means—
10
‘‘(A) the Committee on Armed Services
11
and the Committee on Transportation and In-
12
frastructure of the House of Representatives;
13
and
14
‘‘(B) the Committee on Armed Services
15
and the Committee on Commerce, Science, and
16
Transportation of the Senate.
17
‘‘(2) The term ‘covered airspace’ means the
18
Washington, DC Metropolitan Area Special Flight
19
Rules Area, as such term is defined in section
20
93.335 of title 14, Code of Federal Regulations, or
21
any successor regulation.’’.
22
(b) REPORTS ON NEAR MISSES.—
23
(1) INITIAL REPORT.—Not later than 180 days
24
after the date of the enactment of this Act, the Sec-
25
retary of Defense shall submit to the appropriate
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1
congressional committees a report on the number of
2
near misses that aircraft of the Department have
3
had with commercial aircraft during the 10-year pe-
4
riod preceding such date of enactment.
5
(2) ANNUAL REPORT.—Not later than one year
6
after the date of the enactment of this Act, and an-
7
nually thereafter through 2030, the Secretary of De-
8
fense shall submit to the appropriate congressional
9
committees a report on the number of near misses
10
that aircraft of the Department have had with com-
11
mercial aircraft during the previous fiscal year.
12
(3) ELEMENTS.—Each report under this sub-
13
section shall include, with respect to each near miss
14
covered under the report, the following:
15
(A) The date, time, and location of the
16
near miss.
17
(B) A description of all aircraft involved in
18
the near miss.
19
(C) Any changes to protocols, standard op-
20
erating procedures, or policy, as appropriate,
21
that were made based on the near miss.
22
(4) FORM OF REPORT.—Each report under this
23
subsection shall be submitted in unclassified form,
24
but may include a classified annex.
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1
(5) APPROPRIATE
CONGRESSIONAL
COMMIT-
2
TEES DEFINED.—In this subsection, the term ‘‘ap-
3
propriate congressional committees’’ means—
4
(A) the Committee on Armed Services and
5
the Committee on Transportation and Infra-
6
structure of the House of Representatives; and
7
(B) the Committee on Armed Services and
8
the Committee on Commerce, Science, and
9
Transportation of the Senate.
10
11
SEC. 374. ESTABLISHMENT OF ARMY MUSEUM SYSTEM.
Chapter 775 of title 10, United States Code, is
12 amended by adding at the end the following new section:
13 ‘‘§ 7715. Army museum system
14
‘‘(a) IN GENERAL.—The Secretary of the Army shall
15 support a system of official Army museums within the
16 United States Army Center of Military History. Such sys17 tem shall include the National Museum of the United
18 States Army and may contain other museums honoring
19 individual installations, units, and branches, as designated
20 by the Secretary of the Army, that meet criteria estab21 lished under subsection (b).
22
‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary of
23 the Army shall establish criteria for designating museums
24 of subsection (a) for inclusion in the Army museum sys25 tem. Such criteria shall include—
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1
2
‘‘(1) historical significance to Army operations,
technology, or personnel;
3
4
‘‘(2) public accessibility and educational outreach programs; and
5
‘‘(3) alignment with the mission of the Army to
6
preserve its heritage.
7
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the
8 Army shall establish criteria for closing museums within
9 the Army museum system. No museum within such sys10 tem may be closed until—
11
‘‘(1) the Secretary of the Army submits to the
12
Committees on Armed Services of the House of Rep-
13
resentatives and the Senate notice that includes—
14
‘‘(A) a plan for the preservation, storage,
15
or alternate display of historical collections con-
16
tained in the museum;
17
18
‘‘(B) how any issues relating to museum
personnel will be resolved;
19
‘‘(C) an identification of any efforts to
20
maintain museum operations through public-
21
private partnerships; and
22
‘‘(D) an analysis of the cost to transport,
23
consolidate, and preserve the historical collec-
24
tions contained in the museum; and
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1
‘‘(2) a period of 90 days has elapsed after the
2
date on which such notice is received by such com-
3
mittees.
4
‘‘(d) FUNDING AND SUPPORT.—Consistent with ap-
5 plicable law, the Secretary may enter into partnerships,
6 including with nonprofit organizations, to enhance the fi7 nancial sustainability and public engagement of the muse8 ums in the Army museum system.’’.
9
SEC. 375. ESTABLISHMENT OF UNITED STATES NAVY MU-
10
11
SEUM SYSTEM.
Chapter 861 of title 10, United States Code, is
12 amended by inserting after section 8617 the following new
13 section:
14 ‘‘§ 8617A. United States Navy Museum System
15
‘‘(a) IN GENERAL.—The Secretary of the Navy shall
16 support a system of official Navy museums, which shall
17 collectively be known as the ‘United States Navy Museum
18 System’. Such system shall include the following muse19 ums:
20
21
‘‘(1) The National Museum of the United
States Navy.
22
23
‘‘(2) The United States Naval Academy Museum.
24
‘‘(3) The Naval War College Museum.
25
‘‘(4) The Submarine Force Museum.
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1
‘‘(5) The National Naval Aviation Museum.
2
‘‘(6) The USS Constitution Naval History and
3
Heritage Command, Detachment Boston.
4
‘‘(7) The United States Navy Seabee Museum.
5
‘‘(8) The Puget Sound Navy Museum.
6
‘‘(9) The Naval Undersea Museum.
7
‘‘(10) The National Museum of the American
8
Sailor.
9
‘‘(11) The Hampton Roads Naval Museum.
10
‘‘(12) Such other museums as may be des-
11
ignated by the Secretary of the Navy that meet cri-
12
teria established under subsection (b).
13
‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary of
14 the Navy shall establish criteria for designating museums
15 other than museums identified in paragraphs (1) through
16 (11) of subsection (a) for inclusion in the United States
17 Navy Museum System. Such criteria shall include—
18
19
‘‘(1) historical significance to naval operations,
technology, or personnel;
20
21
‘‘(2) public accessibility and educational outreach programs; and
22
‘‘(3) alignment with the mission of the Navy to
23
preserve its heritage.
24
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the
25 Navy shall establish criteria for the closure of museums
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1 within the United States Navy Museum System. No mu2 seum within such system may be closed until—
3
‘‘(1) the Secretary of the Navy submits to the
4
Committees on Armed Services of the House of Rep-
5
resentatives and the Senate notice that includes—
6
‘‘(A) a plan for the preservation, storage,
7
or alternate display of historical collections con-
8
tained in the museum;
9
‘‘(B) how any issues relating to museum
10
personnel will be resolved;
11
‘‘(C) an identification of any efforts to
12
maintain museum operations through public-
13
private partnerships; and
14
‘‘(D) an analysis of the cost to transport,
15
consolidate, and preserve the historical collec-
16
tions contained in the museum; and
17
‘‘(2) a period of 90 days has elapsed after the
18
date on which such notice is received by such com-
19
mittees.
20
‘‘(d) FUNDING AND SUPPORT.—Consistent with ap-
21 plicable law, the Secretary of the Navy may enter into
22 partnerships, including with nonprofit organizations, to
23 enhance the financial sustainability and public engage24 ment of the museums in the United States Museum Sys25 tem.’’.
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1
SEC. 376. ESTABLISHMENT OF AIR FORCE AND SPACE
2
3
FORCE MUSEUM SYSTEM.
Chapter 979 of title 10, United States Code, is
4 amended by adding at the end the following new section:
5 ‘‘§ 9784. Air Force and Space Force Museum System
6
‘‘(a) IN GENERAL.—The Secretary of the Air Force
7 shall support a system of official Air Force and Space
8 Force museums within the Department of the Air Force.
9 Such system shall include the National Museum of the
10 United States Air Force and may contain other museums
11 honoring individual installations, units, and branches, as
12 designated by the Secretary of the Air Force, that meet
13 criteria established under subsection (b).
14
‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary of
15 the Air Force shall establish criteria for designating muse16 ums of subsection (a) for inclusion in the Air Force and
17 Space Force museum system. Such criteria shall include—
18
19
‘‘(1) historical significance to Air Force and
Space Force operations, technology, or personnel;
20
21
‘‘(2) public accessibility and educational outreach programs; and
22
‘‘(3) alignment with the mission of the Air
23
Force and Space Force to preserve the heritage of
24
the Air Force and Space Force.
25
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the
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1 ums within the Air Force and Space Force museum sys2 tem. No museum within such system may be closed
3 until—
4
‘‘(1) the Secretary of the Air Force submits to
5
the Committees on Armed Services of the House of
6
Representatives and the Senate notice that in-
7
cludes—
8
‘‘(A) a plan for the preservation, storage,
9
or alternate display of historical collections con-
10
tained in the museum;
11
‘‘(B) how any issues relating to museum
12
personnel will be resolved;
13
‘‘(C) an identification of any efforts to
14
maintain museum operations through public-
15
private partnerships; and
16
‘‘(D) an analysis of the cost to transport,
17
consolidate, and preserve the historical collec-
18
tions contained in the museum; and
19
‘‘(2) a period of 90 days has elapsed after the
20
date on which such notice is received by such com-
21
mittees.
22
‘‘(d) FUNDING AND SUPPORT.—Consistent with ap-
23 plicable law, the Secretary may enter into partnerships,
24 including with nonprofit organizations, to enhance the fi-
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1 nancial sustainability and public engagement of the muse2 ums in the Air Force and Space Force museum system.’’.
3
SEC. 377. TRANSPORTATION OF CERTAIN DOMESTIC ANI-
4
MALS BY FOREIGN AIR CARRIERS.
5
Section 40118 of title 49, United States Code, is
6 amended—
7
8
(1) by redesignating subsections (c) through (g)
as subsections (d) through (h), respectively;
9
(2) by inserting after subsection (b) the fol-
10
lowing new subsection (c):
11
‘‘(c) TRANSPORTATION OF CERTAIN DOMESTIC ANI-
12
MALS BY FOREIGN AIR CARRIERS.—
13
‘‘(1) IN GENERAL.—This section does not pre-
14
clude the transportation of a passenger and the
15
property of such passenger by a foreign air carrier
16
if—
17
‘‘(A) such passenger is a member of the
18
Armed Forces or civilian employee of the De-
19
partment of Defense;
20
‘‘(B) such property includes at least 1 and
21
not more than 3 domestic animals traveling
22
with such passenger;
23
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1
‘‘(i) between a place in the United
2
States and a place outside the United
3
States; or
4
‘‘(ii) between 2 places outside the
5
United States; and
6
‘‘(D) no air carrier holding a certificate
7
under section 41102 is willing and able to pro-
8
vide such transportation.
9
‘‘(2)
RESPONSIBILITY
OF
INDIVIDUAL
TO
10
COVER CERTAIN COSTS.—If the cost for the trans-
11
portation of a passenger and property under para-
12
graph (1) exceeds the cost that would have been
13
owed had such transportation been provided by an
14
air carrier holding a certificate under section 41102,
15
the passenger shall be responsible for paying the dif-
16
ference between such amounts.
17
‘‘(3) DOMESTIC ANIMAL DEFINED.—In this sec-
18
tion, the term ‘domestic animal’ means a domestic
19
cat (Felis catus) or a domestic dog (Canis
20
familiaris).’’; and
21
(3) in subsection (e), as redesignated by para-
22
graph (1), by striking ‘‘subsections (a) and (c)’’ and
23
inserting ‘‘subsections (a) and (d)’’.
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1
SEC. 378. MINIMUM STANDARDS FOR MILITARY WORKING
2
DOG KENNELS AND FACILITIES.
3
(a) ESTABLISHMENT OF MINIMUM STANDARDS.—
4 Not later than 180 days after the date of the enactment
5 of this Act, the Secretary of Defense, in consultation with
6 the Secretary of each military department, veterinary ex7 perts, and military working dog program managers, shall
8 establish minimum standards for kennels and other facili9 ties used to house military working dogs. Such minimum
10 standards shall include each of the following:
11
(1) Requirements for space and design to en-
12
sure each military working dog has sufficient space
13
to stand, turn around, lie down comfortably, and en-
14
gage in natural behaviors.
15
(2) Standards for environmental conditions to
16
ensure adequate ventilation, temperature control,
17
and protection from extreme weather conditions.
18
(3) Standards for sanitation and hygiene to en-
19
sure kennels and other facilities can be easily
20
cleaned and disinfected.
21
(4) Requirements related to safety and security
22
to prevent military working dogs from escaping and
23
being injured and preventing access to kennels and
24
other facilities by unauthorized individuals.
25
(5) Standards for access to veterinary care to
26
address the routine and emergency medical care
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1
needs of military working dogs, either at a military
2
veterinary treatment facility or through sufficient
3
on-site veterinary capabilities.
4
5
(6) Requirements related to daily access to exercise areas.
6
7
(7) Required annual inspections to ensure compliance with such standards.
8
(8) Such other standards and requirements as
9
the Secretary of Defense determines are appropriate.
10
(b) IMPLEMENTATION AND COMPLIANCE.—
11
(1) EXISTING FACILITIES.—
12
(A) ASSESSMENT.—Not later than one
13
year after the date of the establishment of the
14
standards required under subsection (a), the
15
Secretary of Defense, acting through the Exec-
16
utive Agent for the Department of Defense
17
Military Working Dog Program, shall ensure
18
that each kennel and other facility used to
19
house military working dogs under the jurisdic-
20
tion of the Department of Defense is assessed
21
to determine the extent to which such kennel or
22
facility is in compliance with such standards.
23
(B) MODIFICATION.—Not later than three
24
years after the date of the enactment of this
25
Act, the Secretary, acting through the Execu-
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1
tive Agent, shall ensure that each such kennel
2
and facility is modified to the extent required to
3
comply with such standards.
4
(2) NEW FACILITIES.—The Secretary, acting
5
through the Executive Agent, shall ensure that any
6
kennel or other facility used to house military work-
7
ing dogs under the jurisdiction of the Department
8
that is constructed or renovated after the date of the
9
enactment of this Act is in compliance with such
10
standards before such kennel or facility is used to
11
house such a military working dog.
12
(c) WAIVER AUTHORITY.—The Secretary of Defense
13 may waive a specific requirement or standard developed
14 under subsection (a), on a case-by-case basis, if the Sec15 retary determines that such a waiver is required to provide
16 for a temporary deployment or due to exigent cir17 cumstances. The Secretary may not issue a waiver under
18 this subsection unless the Secretary—
19
(1) provides for the implementation of alter-
20
native measures to ensure the welfare of any dogs
21
affected by the waiver; and
22
(2) submits to the Committees on Armed Serv-
23
ices of the Senate and House of Representatives a
24
report containing notice of the waiver, a justification
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1
for such waiver, and a description of the alternative
2
measures provided under paragraph (1).
3
SEC. 379. RESTROOM ACCESS AT MILITARY INSTALLATIONS
4
FOR
5
PROVIDERS.
6
CERTAIN
TRANSPORTATION
SERVICE
(a) RESTROOM ACCESS.—The Secretary of Defense
7 shall take such steps as may be necessary to ensure that,
8 with respect to each covered location, there is a rest9 room—
10
11
(1) located at or in close proximity to the covered location;
12
(2) to which any covered driver, while providing
13
a transportation protective service involving the
14
transport of sensitive cargo to or from the covered
15
location on behalf of the Department of Defense, is
16
authorized access;
17
(3) that to the extent practicable, provides for
18
privacy, hand washing, accessibility, and gender-spe-
19
cific needs; and
20
(4) in the case of a portable restroom, that is
21
vented and equipped with adequate lighting (which
22
may be achieved through supplementation with a
23
temporary lighting source, as necessary).
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1
(b) LOCATION.—The location of a restroom under
2 subsection (a)(1) may not be a location to which access
3 by the covered driver would result in—
4
5
(1) a security risk, as determined by the Secretary;
6
7
(2) a health or safety risk to the covered driver;
or
8
(3) a violation of any other regulation or policy
9
of the Department.
10
(c) NOTIFICATION
OF
NONCOMPLIANCE.—In car-
11 rying out subsection (a), the Secretary shall—
12
(1) establish a process by which a covered driv-
13
er may provide to the Secretary timely notification
14
of any covered location with respect to which access
15
to a restroom is not provided consistent with such
16
subsection; and
17
(2) upon receiving such a notification, coordi-
18
nate with the commander of the military installation
19
concerned or other appropriate officer or employee
20
of the Department to ensure such access is provided.
21
(d) DEFINITIONS.—In this section:
22
(1) The terms ‘‘arms, ammunition, and explo-
23
sives’’, ‘‘safe haven’’, ‘‘secure holding area’’, ‘‘secure
24
holding location’’, and ‘‘transportation protective
25
service’’ have the meanings given those terms in the
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1
publication of the United States Army Transpor-
2
tation Command issued October 4, 2024, and titled
3
‘‘Military Freight Traffic Unified Rules Publication-
4
1 (MFTURP-1)’’, or any successor thereto.
5
(2) The term ‘‘commercial motor vehicle’’ has
6
the meaning given that term in section 31101 of
7
title 49, United States Code.
8
9
(3) The term ‘‘covered driver’’ means an operator of a commercial motor vehicle—
10
(A) authorized to provide a transportation
11
protective service on behalf of the Department
12
of Defense; and
13
(B) subject to requirements for qualifica-
14
tions and maximum hours of service under sec-
15
tion 31502(b) of title 49, United States Code.
16
(4) The term ‘‘covered location’’ means a safe
17
haven, secure holding area, or secure holding loca-
18
tion at a military installation or other facility of the
19
Department of Defense.
20
(5) The terms ‘‘facility’’ and ‘‘military installa-
21
tion’’ have the meanings given those terms in section
22
2801(c) of title 10, United States Code.
23
(6) The term ‘‘sensitive cargo’’ means—
24
(A) arms, ammunition, and explosives;
25
(B) classified material; or
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1
(C) any other cargo, or category thereof,
2
the Secretary of Defense determines sensitive
3
for purposes of this section.
4
SEC. 380. USE OF EXPEDITIONARY SOLID WASTE DISPOSAL
5
6
7
SYSTEMS BY DEPARTMENT OF DEFENSE.
(a) EXPEDITIONARY SOLID WASTE DISPOSAL SYSTEMS.—
8
(1) AUTHORIZED USE.—The Secretary of De-
9
fense may use expeditionary solid waste disposal sys-
10
tems for the destruction of covered materials.
11
(2) EQUIPPING
AND
AVAILABILITY
OF
SYS-
12
TEMS.—Expeditionary
13
units deployed for use in accordance with paragraph
14
(1) shall be—
solid waste disposal systems
15
(A) equipped to support operations relating
16
to border security and the elimination of con-
17
traband; and
18
(B) made available with respect to military
19
installations, forward operating bases, and the
20
security forces of allies and partners of the
21
United States as necessary to assist in coun-
22
tering infiltration and the unauthorized use of
23
military assets of the United States.
24
(b) PROHIBITION ON USE OF OPEN-AIR BURN PITS
25
TO DISPOSE OF COVERED MATERIAL.—In addition to the
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1 prohibition on the disposal of certain wastes in open-air
2 burn pits under section 317 of the National Defense Au3 thorization Act for Fiscal Year 2010 (Public Law 111–
4 84; 10 U.S.C. 2701 note), the Secretary of Defense may
5 not use open-air burn pits for the disposal of any covered
6 material.
7
(c) COVERED MATERIAL DEFINED.—In this section,
8 the term ‘‘covered material’’ means the following:
9
(1) Contraband or other property that is illegal
10
to possess, including seized counterfeit materials and
11
unauthorized military equipment.
12
(2) Classified equipment or materials.
13
SEC. 381. PILOT PROGRAM FOR CONTRACTED AMPHIBIOUS
14
AIR RESOURCES FOR THE AREA OF RESPON-
15
SIBILITY OF THE UNITED STATES INDO-PA-
16
CIFIC COMMAND.
17
(a) AUTHORITY.—The Secretary of Defense, in con-
18 junction with the Secretary of the Navy and the Com19 mander of the United States Indo-Pacific Command, may
20 carry out a pilot program for the contracted operation of
21 a fleet of commercial amphibious aviation resources to be
22 made available to the commanders of the combatant com23 mands and the commanders of other components of the
24 Department of Defense for mission tasking within the
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1 area of responsibility of the United States Indo-Pacific
2 Command.
3
4
(b) FIELDING
AND
ADJUDICATING MISSION RE-
QUESTS.—The Commander of the United States Indo-Pa-
5 cific Command shall establish a process to field and adju6 dicate mission requests pursuant to the pilot program
7 under subsection (a) in a timely manner.
8
(c) TERMINATION.—The authority to carry out the
9 pilot program under subsection (a) shall terminate on the
10 date that is three years after the date of the enactment
11 of this Act.
12
SEC. 382. INITIATIVE TO CONTROL SPREAD OF GREATER
13
14
BANDED HORNET IN GUAM.
(a) IN GENERAL.—The Secretary of Defense shall
15 enhance efforts to manage, control, and interdict the
16 greater banded hornet on military installations in Guam.
17
(b) AUTHORIZED ACTIVITIES.—The efforts required
18 under subsection (a) shall include the following:
19
(1) Carrying out science-based management
20
and control programs to reduce the effect of the
21
greater banded hornet on military installations and
22
to prevent the introduction or spread of the greater
23
banded hornet to areas where such hornet has not
24
yet been established.
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1
(2) Providing support for interagency and inter-
2
governmental response efforts to control, interdict,
3
monitor, and eradicate the greater banded hornet on
4
military installations in Guam.
5
(3) Pursuing chemical, biological, and other
6
control techniques, technology transfer, and best
7
practices to support management, control, interdic-
8
tion and, where possible, eradication of the greater
9
banded hornet in Guam.
10
(4) Establishing an early detection and rapid
11
response mechanism to monitor and deploy coordi-
12
nated efforts if the greater banded hornet, or an
13
other newly detected invasive alien species, is de-
14
tected at new sites on military installations in
15
Guam.
16
(5) Carrying out such other activities as the
17
Secretary determines appropriate to manage, con-
18
trol, and interdict the greater banded hornet on mili-
19
tary installations in Guam.
20
(c) ANNUAL BRIEFINGS.—Not later than 180 days
21 after the date of the enactment of this Act, and annually
22 thereafter for each of the next three years, the Assistant
23 Secretary of the Navy for Energy, Installations, and Envi24 ronment shall provide to the Committees on Armed Serv25 ices of the House of Representatives and the Senate a
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1 briefing on the implementation of this section, which shall
2 include detailed information about the efforts of the Sec3 retary to manage, control, and interdict the greater band4 ed hornet on military installations in Guam.
5
SEC. 383. RESERVE MOBILIZATION EXERCISE TO ASSESS
6
THE CAPABILITY OF THE ARMED FORCES TO
7
RESPOND TO A HIGH-INTENSITY CONTIN-
8
GENCY IN THE INDO-PACIFIC REGION.
9
(a) INDO-PACIFIC MOBILIZATION AND READINESS
10 STUDY REQUIRED.—Not later than one year after the
11 date of the enactment of this Act, the Secretary of De12 fense, in coordination with the Chairman of the Joint
13 Chiefs of Staff and the Commander of United States Indo14 Pacific Command, shall conduct a comprehensive joint
15 mobilization and sustainment readiness study (modeled on
16 the 1978 exercise referred to as ‘‘Nifty Nugget’’) to assess
17 the capability of the Armed Forces to respond to a high18 intensity contingency in the Indo-Pacific region.
19
(b) ELEMENTS OF THE STUDY.—The study required
20 under subsection (a) shall include the following:
21
(1) An assessment of the ability to rapidly mo-
22
bilize, deploy, and sustain active and reserve compo-
23
nent forces in response to a conflict scenario involv-
24
ing the Taiwan Strait, South China Sea, or similar
25
Indo-Pacific flashpoint.
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1
(2)
An
evaluation
of
strategic
lift
and
2
sustainment capabilities across military departments,
3
including maritime sealift, airlift, rail, road net-
4
works, and prepositioned stocks.
5
(3)
Identification
of
critical
logistics
6
vulnerabilities, mobilization bottlenecks, and com-
7
mand and control challenges.
8
(4) Analysis of interagency coordination proce-
9
dures and integration with civilian emergency sup-
10
port capabilities.
11
(5) An evaluation of joint and allied interoper-
12
ability, with particular attention to coordination
13
mechanisms with Japan, Australia, the Philippines,
14
and Taiwan.
15
(6) The civilian skills inventory described in
16
subsection (c).
17
(c) CIVILIAN SKILLS INVENTORY OF THE RESERVE
18 COMPONENT.—As part of the study required under sub19 section (a), the Secretary of Defense, acting through the
20 Under Secretary of Defense for Personnel and Readiness,
21 shall conduct a civilian skills inventory of the reserve com22 ponents of the Armed Forces to identify and assess the
23 non-military qualifications and talents of reservists, in24 cluding—
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1
2
(1) foreign language proficiency and cultural
expertise;
3
(2) advanced academic credentials, including
4
master’s degrees, doctoral degrees, and scientific re-
5
search experience;
6
(3) industrial and technical skills, including cy-
7
bersecurity, software development, engineering, lo-
8
gistics, manufacturing, and data science;
9
10
(4) critical infrastructure and emergency response expertise; and
11
(5) private-sector leadership and innovation ex-
12
perience
13
sustainment.
14
(d) REPORTING REQUIREMENTS.—Not later than
relevant
to
defense
mobilization
and
15 two years after the date of the enactment of this Act, the
16 Secretary of Defense shall submit to the congressional de17 fense committees a report that includes—
18
(1) the results, findings, and recommendations
19
of the mobilization and readiness study required
20
under subsection (a);
21
(2) a summary of the civilian skills inventory of
22
the reserve components conducted under subsection
23
(c), including recommendations for how such skills
24
can be leveraged to support contingency planning,
25
civil-military integration, and surge operations;
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1
2
(3) a comparative analysis of best practices by
each Armed Force with respect to—
3
(A) mobilizing members of the reserve
4
components for wartime or emergency aug-
5
mentation;
6
7
(B) identifying, tracking, and using civilian-acquired skills of reservists; and
8
(C)
9
sustainment
10
maritime port operations, Army-managed rail
11
and overland transport, Air Force strategic air-
12
lift capacity, and Marine Corps expeditionary
13
logistics; and
14
(4) an estimate of—
executing
logistical
operations,
including
lift
and
Navy-led
15
(A) the number of members of the reserve
16
components who are likely to be available and
17
required to reinforce forward-deployed active
18
duty units during the first 30, 60, and 90 days
19
of a major Indo-Pacific contingency; and
20
(B) the number of members of the reserve
21
components required to support full-scale mobi-
22
lization and logistics surge operations within
23
the United States, including domestic transpor-
24
tation nodes, sustainment hubs, ports of embar-
25
kation, mobilization training centers, and other
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1
homeland support functions necessary to enable
2
and sustain global operations.
3
SEC. 384. LIMITATION ON TRANSFORMATION BY THE ARMY
4
OF PRIMARY HELICOPTER TRAINING PRO-
5
GRAM AT FORT RUCKER, ALABAMA.
6
None of the funds authorized to be appropriated by
7 this Act or otherwise made available for the Department
8 of Defense for fiscal year 2026 for the Army may be obli9 gated or expended to solicit proposals or award a contract
10 for the implementation of any transformation of the Initial
11 Entry Rotary Wing training program at Fort Rucker, Ala12 bama, until—
13
(1) the completion of the Part 141 Helicopter
14
Flight School Training Pilot proof of concept plan
15
conducted by the Department of the Army and the
16
Federal Aviation Administration, including—
17
(A) all three phases of Initial Entry Rotary
18
Wing Training Phases 1 & 2 and Phase 3
19
Warfighter Tactical Training Phase; and
20
(B) the evaluation of the effectiveness of
21
the training pilot, which shall include the re-
22
sults of six classes of eight students each (48
23
students total);
24
(2) the Secretary of the Army (in this section
25
referred to as the ‘‘Secretary’’) has fully assessed
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1
and validated the outcomes of the training pilot, in-
2
cluding with respect to cost, operational effective-
3
ness, safety, and training efficacy;
4
(3) the Secretary submits to the congressional
5
defense committees a report that includes a detailed
6
description of the results of the training pilot and
7
the rationale for any proposed changes to training
8
systems or platforms resulting from such training
9
pilot; and
10
11
(4) the Secretary provides to the congressional
defense committees a briefing that includes—
12
(A) an identification of the outcomes and
13
findings of the training pilot referred to in
14
paragraph (1);
15
(B) an assessment of the cost-effectiveness
16
and operational and training readiness resulting
17
from the training pilot;
18
(C) any recommendations for future pro-
19
curement or contracting activity related to
20
training initiatives similar to the training pilot;
21
and
22
(D) the course of action proposed by the
23
Secretary relating to any such transformation.
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1
2
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C—Authorization of Appropriations; Reports
Sec. 421. Military personnel.
Sec. 422. Streamlining of total force reporting requirements.
Subtitle A—Active Forces
3
4
5
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
6 duty personnel as of September 30, 2026, as follows:
7
(1) The Army, 454,000.
8
(2) The Navy, 344,600.
9
(3) The Marine Corps, 172,300.
10
(4) The Air Force, 321,500.
11
(5) The Space Force, 10,400.
12
Subtitle B—Reserve Forces
13
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
14
(a) IN GENERAL.—The Armed Forces are authorized
15 strengths for Selected Reserve personnel of the reserve
16 components as of September 30, 2026, as follows:
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1
2
(1) The Army National Guard of the United
States, 328,000.
3
(2) The Army Reserve, 172,000.
4
(3) The Navy Reserve, 57,500.
5
(4) The Marine Corps Reserve, 33,600.
6
(5) The Air National Guard of the United
7
States, 106,300.
8
(6) The Air Force Reserve, 67,500.
9
(7) The Coast Guard Reserve, 8,500.
10
(b)
END
STRENGTH
REDUCTIONS.—The
end
11 strengths prescribed by subsection (a) for the Selected Re12 serve of any reserve component shall be proportionately
13 reduced by—
14
(1) the total authorized strength of units orga-
15
nized to serve as units of the Selected Reserve of
16
such component which are on active duty (other
17
than for training) at the end of the fiscal year; and
18
(2) the total number of individual members not
19
in units organized to serve as units of the Selected
20
Reserve of such component who are on active duty
21
(other than for training or for unsatisfactory partici-
22
pation in training) without their consent at the end
23
of the fiscal year.
24
(c) END STRENGTH INCREASES.—Whenever units or
25 individual members of the Selected Reserve of any reserve
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1 component are released from active duty during any fiscal
2 year, the end strength prescribed for such fiscal year for
3 the Selected Reserve of such reserve component shall be
4 increased proportionately by the total authorized strengths
5 of such units and by the total number of such individual
6 members.
7
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
8
DUTY IN SUPPORT OF THE RESERVES.
9
Within the end strengths prescribed in section
10 411(a), the reserve components of the Armed Forces are
11 authorized, as of September 30, 2026, the following num12 ber of Reserves to be serving on full-time active duty or
13 full-time duty, in the case of members of the National
14 Guard, for the purpose of organizing, administering, re15 cruiting, instructing, or training the reserve components:
16
17
(1) The Army National Guard of the United
States, 30,845.
18
(2) The Army Reserve, 16,511.
19
(3) The Navy Reserve, 10,409.
20
(4) The Marine Corps Reserve, 2,400.
21
(5) The Air National Guard of the United
22
States, 25,982.
23
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1
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
2
3
(DUAL STATUS).
(a) IN GENERAL.—The minimum number of military
4 technicians (dual status) as of the last day of fiscal year
5 2026 for the reserve components of the Army and the Air
6 Force (notwithstanding section 129 of title 10, United
7 States Code) shall be the following:
8
9
(1) For the Army National Guard of the United
States, 21,294.
10
(2) For the Army Reserve, 6,258.
11
(3) For the Air National Guard of the United
12
States, 10,405.
13
14
15
(4) For the Air Force Reserve, 6,455.
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY
TECHNICIANS (DUAL STATUS).—The number of
16 temporary military technicians (dual status) under sub17 section (a) may not exceed 25 percent of the total number
18 authorized under such subsection.
19
(c) PROHIBITION.—A State may not coerce a military
20 technician (dual status) to accept an offer of realignment
21 or conversion to any other military status, including as
22 a member on Active Guard and Reserve duty. No action
23 may be taken against an individual, or the position of such
24 individual, who refuses such an offer solely on the basis
25 of such refusal.
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1
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
2
THORIZED TO BE ON ACTIVE DUTY FOR
3
OPERATIONAL SUPPORT.
4
During fiscal year 2026, the maximum number of
5 members of the reserve components of the Armed Forces
6 who may be serving at any time on full-time operational
7 support duty under section 115(b) of title 10, United
8 States Code, is the following:
9
10
(1) The Army National Guard of the United
States, 17,000.
11
(2) The Army Reserve, 13,000.
12
(3) The Navy Reserve, 6,200.
13
(4) The Marine Corps Reserve, 3,000.
14
(5) The Air National Guard of the United
15
States, 16,000.
16
(6) The Air Force Reserve, 14,000.
17
Subtitle C—Authorization of
Appropriations; Reports
18
19
20
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
21 are hereby authorized to be appropriated for fiscal year
22 2026 for the use of the Armed Forces and other activities
23 and agencies of the Department of Defense for expenses,
24 not otherwise provided for, for military personnel, as spec25 ified in the funding table in section 4401.
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1
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
2 thorization of appropriations in the subsection (a) super3 sedes any other authorization of appropriations (definite
4 or indefinite) for such purpose for fiscal year 2026.
5
SEC. 422. STREAMLINING OF TOTAL FORCE REPORTING RE-
6
7
QUIREMENTS.
(a) REPEAL OF ANNUAL REPORT ON MILITARY
8 TECHNICIANS.—Section 115a of title 10, United States
9 Code, is amended by striking subsection (g).
10
11
(b) INCORPORATION
OF
ANNUAL CIVILIAN PER-
SONNEL MANAGEMENT REPORT INTO ANNUAL DEFENSE
12 MANPOWER PROFILE REPORT.—
13
(1) IN
14
amended—
15
(A)
GENERAL.—Such
by
section is further
redesignating
subsections
(d)
16
through (f) as subsections (e) through (g), re-
17
spectively; and
18
(B) by inserting after subsection (c) the
19
20
following new subsection (d):
‘‘(d)(1) The Secretary shall include in each report
21 under subsection (a) a detailed discussion of the manage22 ment of the civilian workforce of the Department of De23 fense. The discussion shall include the matter specified in
24 paragraph (2) for the civilian workforce of—
25
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1
‘‘(B) the Defense Agencies;
2
‘‘(C) the Department of Defense Field Activi-
3
ties; and
4
‘‘(D) the military departments.’’.
5
(2) TRANSFER.—Paragraph (2) of section
6
129(c) of such title—
7
(A) is amended, in the matter preceding
8
subparagraph (A)—
9
(i) by striking ‘‘Each report under
10
paragraph (1) shall contain’’ and inserting
11
‘‘The matter to be included in each discus-
12
sion under paragraph (1)’’; and
13
(ii) by striking ‘‘under the jurisdiction
14
of the official submitting the report,’’ and
15
inserting ‘‘of each element of the Depart-
16
ment of Defense named in such paragraph,
17
is’’; and
18
(B) is transferred to section 115a and in-
19
serted at the end of subsection (d) of such sec-
20
tion, as added by paragraph (1) of this sub-
21
section.
22
(3) CONFORMING
REPEAL OF REQUIREMENT
23
FOR SEPARATE ANNUAL CIVILIAN PERSONNEL MAN-
24
AGEMENT REPORT.—Section
25
amended by striking subsection (c).
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1
2
TITLE V—MILITARY PERSONNEL
POLICY
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Policy
Sec. 501. Space Force general officer management.
Sec. 502. Redistribution of general officers on active duty from the Air Force
to the Space Force.
Sec. 503. Notification of removal of officers from selection board reports and
promotion lists.
Sec. 504. Chaplains: career flexibility; detail as students at schools for education required for appointment.
Sec. 505. Temporary increase in fiscal year percentage limitation for reduction
or waiver of service-in-grade requirement for general and flag
officers to be retired in pay grades O-7 and O-8.
Sec. 506. Notice of removal of Judge Advocates General.
Sec. 507. Authority to waive prohibition on officers serving on successive selection boards for boards to consider officers for promotion to
major general or rear admiral.
Sec. 508. Establishment of blast safety officer positions.
Subtitle B—Reserve Component Management
Sec. 511. Active and inactive transfers of officers of the Army National Guard
and Air Force National Guard.
Sec. 512. National Guard: Active Guard and Reserve duty in response to a
State disaster.
Sec. 513. Report on effect of equipment shortfalls on ability of National Guard
to perform homeland defense activities.
Sec. 514. Report on National Guard sexual assault prevention and response
training.
Sec. 515. Study and report on members of the reserve components: consideration of amount of time of service in activation; authority to
waive limitation on release from active duty.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Individual Longitudinal Exposure Record: codification; expansion.
Sec. 522. Women’s initiative teams.
Sec. 523. Honorary promotions on the initiative of the Department of Defense.
Sec. 524. Enhanced efficiency and service discretion for Disability Evaluation
System reviews.
Sec. 525. Requirement of equal opportunity, racial neutrality, and exclusive use
of merit in military personnel actions.
Sec. 526. Report on adequacy of reimbursement for costs of permanent change
of station.
Subtitle D—Recruitment and Accession
Sec. 531. Recruiter access to secondary schools.
Sec. 532. Alternative service in areas of national interest by individuals denied
enlistment.
Sec. 533. Medical accession standards for members of the Armed Forces.
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Sec. 534. Clarifying the calculation of enlistments for persons whose score on
the Armed Forces Qualification Test is below a prescribed level
for the future servicemember preparatory course.
Sec. 535. Selective Service System: automatic registration.
Subtitle E—Member Training
Sec. 541. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 542. Number of Junior Reserve Officers’ Training Corps units.
Sec. 543. Requirements with respect to motorcycle safety training.
Sec. 544. Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy.
Sec. 545. Mandatory training on government ethics and national security law.
Sec. 546. Temporary authority to provide bonuses to Junior Reserve Officers’
Training Corps instructors.
Sec. 547. Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment.
Sec. 548. Limitation on authority to reorganize the Senior Reserve Officers’
Training Corps of the Army.
Sec. 549. Accreditation of National Guard Marksmanship Training Center.
Subtitle F—Member Education
Sec. 551. Modification to maximum years of service for eligibility detail as a
student at a law school.
Sec. 552. Inclusion of Space Force education programs in definitions regarding
professional military education.
Sec. 553. Asynchronous instruction in distance education option for professional military education.
Sec. 554. Center for Strategic Deterrence and Weapons of Mass Destruction
Studies.
Sec. 555. Military service academy nominations.
Sec. 556. Modifications to alternative obligation for cadets and midshipmen.
Sec. 557. Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies.
Sec. 558. Director of Admissions of the United States Naval Academy.
Sec. 559. Detail of members of the Space Force as instructors at Air Force Institute of Technology.
Sec. 559A. Prohibition on participation of males in athletic programs or activities at the military service academies that are designated for
women or girls.
Sec. 559B. Organization of Army War College.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Qualifications for judge advocates.
Sec. 562. Ensuring the availability of legal advice to commanders.
Sec. 563. Analysis of potential modifications to the offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice.
Sec. 564. Revision to sexual assault prevention and response training guidance.
Sec. 565. Notification of military sex offenders at military installations.
Sec. 566. Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice.
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Sec. 567. Analysis of the advisability of establishing a punitive article for child
pornography-related offenses under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Transition Assistance Program: amendments; pilot program; reports.
Sec. 572. Amendments to pathways for counseling in Transition Assistance
Program.
Sec. 573. Improvements to information-sharing to support individuals retiring
or separating from the Armed Forces.
Subtitle I—Family Programs, Child Care, and Dependent Education
Sec. 581. Notification of suspected child abuse that occurs at a military child
development center.
Sec. 582. Enrollment of children of certain American Red Cross employees in
schools operated by the Department of Defense Education Activity.
Sec. 583. Ensuring access to DODEA schools for certain members of the reserve components.
Sec. 584. Authorization of dual or concurrent enrollment programs for students
of Defense Dependent Schools.
Sec. 585. Restrictions on certain actions relating to DODEA schools and military child development centers.
Sec. 586. Extension of pilot program to provide financial assistance to members
of the Armed Forces for in-home child care.
Sec. 587. Military OneSource: information regarding maternal health care.
Sec. 588. Assistance for deployment-related support of members of the Armed
Forces undergoing deployment and their families beyond the
Yellow Ribbon Reintegration Program.
Sec. 589. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
Sec. 589A. Verification of reporting of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 589B. Regulations on the use of portable electronic mobile devices in Department of Defense Education Activity schools.
Sec. 589V. Management of special education in schools operated by Department of Defense Education Activity.
Sec. 589D. Pilot program to increase payments for child care services in highcost areas.
Subtitle J—Decorations and Awards, Reports, and Other Matters
Sec. 591. Authorization for award of Medal of Honor to E. Royce Williams for
acts of valor during the Korean War.
Sec. 592. Authorization for posthumous award of the distinguished-service
cross to Isaac ‘‘Ike’’ Camacho for acts of valor in Vietnam.
Sec. 593. Compliance with travel charge card deactivation requirements.
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1
Subtitle A—Officer Policy
2
SEC. 501. SPACE FORCE GENERAL OFFICER MANAGEMENT.
3
(a) DISTRIBUTION OF COMMISSIONED OFFICERS ON
4 ACTIVE SERVICE IN GENERAL OFFICER GRADES.—Sec5 tion 525 of title 10, United States Code, is amended—
6
(1) in subsection (a)—
7
(A) in the matter preceding paragraph (1),
8
by inserting ‘‘or the Space Force officer list’’
9
after ‘‘officer on the active duty list’’; and
10
(B) in paragraph (5)—
11
(i) in subparagraph (A), by striking
12
‘‘officers in the grade of general’’ and in-
13
serting ‘‘officers on sustained duty orders
14
in the grade of general’’;
15
(ii) in subparagraph (B), by striking
16
‘‘officers in a grade above’’ and inserting
17
‘‘officers on sustained duty orders in a
18
grade above’’; and
19
(iii) in subparagraph (C), by striking
20
‘‘officers in the grade’’ and inserting ‘‘offi-
21
cers on sustained duty orders in the
22
grade’’; and
23
24
(2) in subsection (h), by adding at the end the
following new paragraph:
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1
‘‘(3) The limitations of this section do not apply to
2 a Space Force general officer serving in a Space Force
3 active status but not on sustained duty orders, and who
4 is on active service for a period in excess of 365 days but
5 not to exceed three years. Unless authorized by the Sec6 retary of Defense, the number of Space Force general offi7 cers covered by this subsection and not serving in a joint
8 duty assignment for purposes of chapter 38 of this title
9 may not exceed two. Not later than 30 days after author10 izing more than two Space Force general officers covered
11 by this subsection, the Secretary of Defense shall provide
12 the notification required in accordance with paragraph
13 (2).’’.
14
15
(b) AUTHORIZED STRENGTH OF SPACE FORCE GENERAL
OFFICERS ON ACTIVE SERVICE.—Section 526 of
16 such title is amended—
17
(1) in subsection (c)—
18
(A) in the subsection heading, by inserting
19
‘‘AND OF THE SPACE FORCE’’ after ‘‘COMPO-
20
NENTS’’;
21
(B) in paragraph (1), by inserting ‘‘or of
22
the Space Force’’ after ‘‘a reserve component’’;
23
(C) in paragraph (2), by adding at the end
24
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1
‘‘(D) The Secretary of the Air Force may au-
2
thorize not more than two of the general officers au-
3
thorized to serve in the Space Force under section
4
20110 of this title to serve on active service for a
5
period of at least 180 days and not longer than 365
6
days.’’; and
7
(D) in paragraph (3)(A), by inserting ‘‘, or
8
a Space Force general officer in a Space Force
9
active status not on sustained duty,’’ after ‘‘a
10
reserve component’’; and
11
(2) in subsection (d)—
12
(A) in paragraph (1), by striking ‘‘officer;
13
or’’ and inserting ‘‘officer;’’;
14
(B) in paragraph (2), by striking the pe-
15
riod at the end and inserting ‘‘; or’’; and
16
(C) by adding at the end the following new
17
paragraph:
18
‘‘(3) a Space Force officer in the grade of brig-
19
adier general or above who is pending transition off
20
of sustained duty orders, but only during the 60-day
21
period preceding the end date of such orders.’’.
22
(c) STRENGTH IN GRADE: SPACE FORCE GENERAL
23 OFFICERS IN A SPACE FORCE ACTIVE STATUS NOT ON
24 SUSTAINED DUTY.—Chapter 2003 of such title is amend25 ed by adding at the end the following new section:
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1 ‘‘§ 20110. Strength in grade: Space Force general offi2
cers in a Space Force active status, not
3
on sustained duty
4
‘‘(a)
AUTHORIZED
STRENGTH.—The
authorized
5 strength of general officers in the Space Force serving in
6 a Space Force active status but not on sustained duty is
7 five.
8
‘‘(b) EXCLUSIONS.—The following Space Force gen-
9 eral officers shall not be counted for purposes of this sec10 tion:
11
12
‘‘(1) Those counted under section 526 of this
title.
13
‘‘(2) Those serving in a joint duty assignment
14
for purposes of chapter 38 of this title, except that
15
the number of officers who may be excluded under
16
this paragraph may not exceed two.
17
‘‘(c) PERMANENT GRADE.—A Space Force general
18 officer may not be reduced in permanent grade because
19 of a reduction in the number authorized under subsection
20 (a).
21
‘‘(d) TEMPORARY EXCLUSION.—The limitations of
22 subsection (a) do not apply to an officer released from a
23 joint duty assignment or other non-joint active service as24 signment, but only during the 60-day period beginning on
25 the date the officer departs the joint duty or other active
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1 ize the Secretary of the Air Force to extend the 60-day
2 period by an additional 120 days, except that not more
3 than three Space Force officers may be covered by an ex4 tension under this subsection at the same time.’’.
5
SEC. 502. REDISTRIBUTION OF GENERAL OFFICERS ON AC-
6
TIVE DUTY FROM THE AIR FORCE TO THE
7
SPACE FORCE.
8
Section 526(a) of title 10, United States Code, is
9 amended—
10
11
(1) in paragraph (3), by striking ‘‘171’’ and inserting ‘‘168’’; and
12
13
14
(2) in paragraph (5), by striking ‘‘21’’ and inserting ‘‘24’’.
SEC. 503. NOTIFICATION OF REMOVAL OF OFFICERS FROM
15
SELECTION
16
MOTION LISTS.
17
(a) REGULAR COMPONENTS.—
18
(1)
BOARD
SELECTION
REPORTS
BOARD
AND
PRO-
REPORTS.—Section
19
618(d) of title 10, United States Code, is amended
20
by adding at the end the following new paragraph:
21
‘‘(3) The Secretary of Defense shall notify the con-
22 gressional defense committees of the removal of the name
23 of an officer from the report of a selection board by the
24 President or the Secretary or Deputy Secretary of Defense
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1 under paragraph (1) or paragraph (2), respectively, for
2 any reason other than misconduct—
3
4
‘‘(A) not later than 30 days after the name of
an officer is removed; and
5
‘‘(B) prior to submission to the Senate of a pro-
6
motion list with respect to such report pursuant to
7
section 624(c) of this title.’’.
8
(2) PROMOTION LISTS.—Section 629(a) of title
9
10, United States Code, is amended by adding at
10
the end the following: ‘‘The President shall notify
11
the congressional defense committees not later than
12
30 days after removing the name of an officer from
13
such list for any reason other than misconduct.’’.
14
(b) RESERVE COMPONENTS.—Section 14111(b) of
15 title 10, United States Code, is amended by adding at the
16 end the following new paragraph:
17
‘‘(3) The Secretary of Defense shall notify the con-
18 gressional defense committees of the removal of the name
19 of an officer from the report of a selection board by the
20 President or the Secretary or Deputy Secretary of Defense
21 under paragraph (1) or paragraph (2), respectively, for
22 any reason other than misconduct—
23
24
‘‘(A) not later than 30 days after the name of
an officer is removed; and
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1
‘‘(B) prior to submission to the Senate of a pro-
2
motion list with respect to such report pursuant to
3
section 12203 of this title.’’.
4
SEC. 504. CHAPLAINS: CAREER FLEXIBILITY; DETAIL AS
5
STUDENTS AT SCHOOLS FOR EDUCATION RE-
6
QUIRED FOR APPOINTMENT.
7
(a) CAREER FLEXIBILITY FOR CHAPLAINS.—Sub-
8 section (a) of section 710 of title 10, United States Code,
9 is amended—
10
11
(1) by inserting ‘‘(1)’’ before ‘‘Each Secretary’’;
and
12
(2) by adding at the end the following new
13
paragraph:
14
‘‘(2) Notwithstanding subsection (b)(1), if the Sec-
15 retary of a military department carries out a program
16 under paragraph (1), such Secretary shall, pursuant to
17 this section, inactivate a member who completes a detail
18 under section 2004c of this title upon the completion of
19 such detail for such period of time as the Secretary deter20 mines appropriate so such member may perform religious
21 ministry that meets professional requirements for appoint22 ment as a chaplain in the military department con23 cerned.’’.
24
(b) DETAIL AS STUDENTS AT SCHOOLS FOR EDU-
25
CATION REQUIRED FOR APPOINTMENT AS A CHAPLAIN.—
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1 Chapter 101 of title 10, United States Code, is amended
2 by inserting after section 2004b the following new section
3 2004c:
4 ‘‘§ 2004c. Detail as students at schools for education
5
required for appointment as a chaplain:
6
commissioned officers; certain enlisted
7
members
8
‘‘(a) DETAIL AUTHORIZED.—(1) The Secretary of
9 each military department may detail commissioned officers
10 and enlisted members of the armed forces as students at
11 accredited colleges, universities, and schools of theology,
12 located in the United States, for a period of training lead13 ing to a graduate degree that meets the educational re14 quirements for appointment as a chaplain in the armed
15 forces.
16
‘‘(2) Pursuant to regulations prescribed by the Sec-
17 retary concerned, the Secretary of a military department
18 may fund educational expenses for members of the armed
19 forces detailed under paragraph (1). Not more than 25
20 officers and enlisted members from each military depart21 ment may commence such training in any single fiscal
22 year.
23
‘‘(3) Pursuant to regulations prescribed by the Sec-
24 retary concerned, the Secretary of a military department
25 may also detail members under paragraph (1) without
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1 funding any educational expenses. A member detailed pur2 suant to this paragraph shall not count against the limita3 tion in paragraph (2).
4
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for
5 detail under subsection (a), an officer or enlisted member
6 must be a citizen of the United States and must—
7
‘‘(1)(A) have served on active duty for a period
8
of not less than two years nor more than eight years
9
and be an officer in the pay grade O–3 or below as
10
of the time the training is to begin; or
11
‘‘(B) have served on active duty for a period of
12
not less than four years nor more than ten years
13
and be an enlisted member in the pay grade E–5 or
14
above as of the time the training is to begin;
15
‘‘(2) in the case of an enlisted member, meet all
16
requirements for acceptance of a commission as a
17
commissioned officer in the armed forces; and
18
19
‘‘(3) sign an agreement that unless sooner separated the officer or enlisted member will—
20
21
‘‘(A) complete the educational course of
chaplaincy training; and
22
‘‘(B) if the Secretary of the military de-
23
partment concerned carries out a program
24
under section 710 of this title—
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1
‘‘(i) agree to be inactivated for a pe-
2
riod of time under subsection (a)(2) of
3
such section upon completion of a detail
4
under this section; and
5
‘‘(ii) accept transfer or detail as a
6
chaplain in the military department con-
7
cerned upon completion of the period de-
8
scribed in clause (i).
9
‘‘(c) LIMITATION ON SERVICE CREDIT.—Notwith-
10 standing section 533 of this title, a commissioned officer
11 of the armed forces who completes a detail under this sec12 tion may not be credited with more than four years of
13 constructive service under such section 533 upon original
14 appointment to the armed forces as a chaplain.
15
‘‘(d) SERVICE OBLIGATION.—(1) Subject to para-
16 graph (2), the agreement of an officer or enlisted member
17 under subsection (b) shall provide that the officer or en18 listed member shall serve on active duty for two years for
19 each year or part thereof of chaplaincy training completed
20 under subsection (a), except that such agreement may not
21 require more than a total of six years of service on active
22 duty.
23
‘‘(2) The agreement of an officer or enlisted member
24 under subsection (b) may authorize the officer or enlisted
25 member to serve a portion of a service obligation on active
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1 duty and to complete the service obligation that remains
2 upon separation from active duty in the Selected Reserve,
3 in which case the officer or enlisted member shall serve
4 three years in the Selected Reserve for each year or part
5 thereof of the chaplaincy training of such officer or en6 listed member under subsection (a) for any service obliga7 tion that was not completed before separation from active
8 duty, except that such agreement may not require more
9 than a total of nine years of service in the Selected Re10 serve.
11
‘‘(e) SELECTION OF OFFICERS AND ENLISTED MEM-
12
BERS FOR DETAIL.—The Secretary of the military depart-
13 ment concerned shall select officers and enlisted members
14 for detail for chaplaincy training under subsection (a)—
15
‘‘(1) on a competitive basis;
16
‘‘(2) without regard to the duration of ordina-
17
tion or seminary requirements for the chaplaincy
18
training in which an officer or enlisted member
19
seeks to enroll; and
20
‘‘(3) based on the needs of the armed forces
21
under the jurisdiction of the Secretary.
22
‘‘(f) RELATION OF SERVICE OBLIGATIONS TO OTHER
23 SERVICE OBLIGATIONS.—Any service obligation incurred
24 by an officer or enlisted member under an agreement en25 tered into under subsection (b) shall be in addition to any
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1 service obligation incurred by such officer or enlisted
2 member under any other provision of law or agreement,
3 except that the total service obligation under this section
4 and any other provision of law or agreement shall not ex5 ceed nine years.
6
‘‘(g) EXPENSES.—Expenses incident to the detail of
7 officers and enlisted members under this section shall be
8 paid from any funds appropriated for the military depart9 ment concerned.
10
‘‘(h) FAILURE TO COMPLETE PROGRAM.—An officer
11 or enlisted member who is dropped from a program of
12 chaplaincy training to which detailed under subsection (a)
13 for deficiency in conduct or studies, or for other reasons,
14 may be required to—
15
‘‘(1) perform active duty in an appropriate mili-
16
tary capacity in accordance with the active duty obli-
17
gation imposed by regulations issued by the Sec-
18
retary of Defense, except that in no case shall an of-
19
ficer or enlisted member be required to serve on ac-
20
tive duty for any period in excess of one year for
21
each year or part thereof he participated in the pro-
22
gram; or
23
‘‘(2) repay the expenses incident to the detail of
24
such officer or enlisted member and paid under sub-
25
section (f).
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1
‘‘(i) LIMITATION ON DETAILS.—No agreement detail-
2 ing an officer or enlisted member of the armed forces to
3 a chaplaincy school may be entered into during any period
4 in which the President is authorized by law to induct per5 sons into the armed forces involuntarily. Nothing in this
6 subsection shall affect any agreement entered into during
7 any period when the President is not authorized by law
8 to so induct persons into the armed forces.
9
‘‘(j) REPORTS.—Not later than March 31, 2027, and
10 annually thereafter for five years, the Secretary of Defense
11 shall submit to the Committees on Armed Services of the
12 Senate and the House of Representatives a report on the
13 detail of commissioned officers and enlisted members of
14 the armed forces under this section during the preceding
15 fiscal year, including—
16
‘‘(1) the number of members of the armed
17
forces detailed under this section, disagreggated by
18
military department and religious faith of the mem-
19
bers;
20
‘‘(2) the number of members of the armed
21
forces who completed a detail under this section,
22
disaggregated by military department and religious
23
faith of the members;
24
‘‘(3) the number of members of the armed
25
forces who have completed a detail under this sec-
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1
tion and been appointed as a chaplain in the armed
2
forces, disaggregated by military department and re-
3
ligious faith of the members;
4
‘‘(4) the length of detail and total cost of par-
5
ticipation, including pay, benefits, and educational
6
expenses, for each member of the armed forces de-
7
tailed under this section;
8
‘‘(5) a description of any barriers to participa-
9
tion in details under this section by religious faiths
10
with lengthier or nontraditional formation require-
11
ments and any efforts by the Secretary to address
12
any shortages of chaplains in the armed forces for
13
particular religious faiths; and
14
‘‘(6) any recommendations of the Secretary for
15
legislative or administrative changes to improve the
16
equity, effectiveness, or fiscal management of the de-
17
tail of members of the armed forces under this sec-
18
tion.’’.
19
SEC. 505. TEMPORARY INCREASE IN FISCAL YEAR PER-
20
CENTAGE LIMITATION FOR REDUCTION OR
21
WAIVER
22
MENT FOR GENERAL AND FLAG OFFICERS TO
23
BE RETIRED IN PAY GRADES O-7 AND O-8.
24
OF
SERVICE-IN-GRADE
REQUIRE-
During the period beginning on the date of the enact-
25 ment of this Act and ending on September 30, 2027, sub-
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1 paragraph (C) of section 1370(b)(5) of title 10, United
2 States Code, shall be applied by substituting ‘‘15 percent’’
3 for ‘‘10 percent’’.
4
SEC. 506. NOTICE OF REMOVAL OF JUDGE ADVOCATES
5
6
GENERAL.
(a) ARMY.—Section 7037 of title 10, United States
7 Code, is amended by adding at the end the following new
8 subsection:
9
‘‘(f) If the Judge Advocate General is removed from
10 office before the end of the term of the Judge Advocate
11 General as specified in subsection (a), the Secretary of De12 fense shall, not later than five days after the removal takes
13 effect, submit to the Committees on Armed Services of the
14 Senate and the House of Representatives notice that the
15 Judge Advocate General is being removed and a statement
16 of the reason for the removal.’’.
17
(b) NAVY.—Section 8088 of title 10, United States
18 Code, is amended by adding at the end the following new
19 subsection:
20
‘‘(f) If the Judge Advocate General is removed from
21 office before the end of the term of the Judge Advocate
22 General as specified in subsection (b), the Secretary of De23 fense shall, not later than five days after the removal takes
24 effect, submit to the Committees on Armed Services of the
25 Senate and the House of Representatives notice that the
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1 Judge Advocate General is being removed and a statement
2 of the reason for the removal.’’.
3
(c) AIR FORCE.—Section 9037 of title 10, United
4 States Code, is amended by adding at the end the fol5 lowing new subsection:
6
‘‘(g) If the Judge Advocate General is removed from
7 office before the end of the term of the Judge Advocate
8 General as specified in subsection (a), the Secretary of De9 fense shall, not later than five days after the removal takes
10 effect, submit to the Committees on Armed Services of the
11 Senate and the House of Representatives notice that the
12 Judge Advocate General is being removed and a statement
13 of the reason for the removal.’’.
14
SEC. 507. AUTHORITY TO WAIVE PROHIBITION ON OFFI-
15
CERS SERVING ON SUCCESSIVE SELECTION
16
BOARDS FOR BOARDS TO CONSIDER OFFI-
17
CERS FOR PROMOTION TO MAJOR GENERAL
18
OR REAR ADMIRAL.
19
Under regulations prescribed by the Secretary of De-
20 fense, the Secretary of a military department may, during
21 the three-year period following the date of the enactment
22 of this Act, waive the limitation in section 612(b)(1) of
23 title 10, United States Code, in the case of a selection
24 board that will consider officers for recommendation for
25 promotion to the grade of major general or rear admiral
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1 if the Secretary of the military department determines
2 that qualified officers on the active-duty list or Space
3 Force officer list or otherwise authorized to serve on the
4 board are not available in sufficient number to comprise
5 that selection board.
6
SEC. 508. ESTABLISHMENT OF BLAST SAFETY OFFICER PO-
7
8
SITIONS.
(a) ESTABLISHMENT.—Not later than September 30,
9 2026, the Secretary of Defense shall establish blast safety
10 officer positions in the Army, Navy, Marine Corps, Air
11 Force, and Space Force.
12
(b) DUTIES.—Duties of a blast safety officer shall in-
13 clude the following, in accordance with standards estab14 lished pursuant to section 735 of the James M. Inhofe
15 National Defense Authorization Act for Fiscal Year 2023
16 (Public Law 117–263; 10 U.S.C. 1071 note):
17
(1) Overseeing the blast overpressure assess-
18
ment and risk management program for members of
19
the Armed Forces where activities present a poten-
20
tial blast overpressure exposure, including moni-
21
toring exposures, ensuring adherence to established
22
risk management practices, and elevating risk deci-
23
sions to commanders to ensure risks are appro-
24
priately managed and exposures are minimized.
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1
(2) Ensuring that members of the Armed
2
Forces with potential blast overpressure exposure re-
3
ceive training and education on associated health
4
risks and mitigation protocols (including minimum
5
safe distances).
6
(3) Overseeing the application of exposure con-
7
trols, including personal protective equipment and
8
engineering controls, and ensuring wearable sensors
9
are employed for such members, with exposure data
10
documented in the Defense Occupational and Envi-
11
ronmental Health Readiness System.
12
(4) Coordinating with occupational and environ-
13
mental health professionals to ensure that blast ex-
14
posed members receive appropriate medical surveil-
15
lance follow-up, with results documented, reported,
16
and integrated into existing Department of Defense
17
occupational and environmental health processes and
18
systems.
19
(5) Maintaining blast overpressure exposure
20
logs in the Defense Occupational and Environmental
21
Health Readiness System to inform long-term risk
22
management and medical surveillance.
23
(6) Coordinating with range safety officers and
24
personnel to integrate blast overpressure risk man-
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1
agement into range safety programs, including range
2
design, operation, and modification.
3
(c) ASSIGNMENTS.—The Secretary of a military de-
4 partment concerned shall assign a blast safety officer to
5 each component of an Armed Force where blast over6 pressure hazards are reasonably anticipated and in such
7 a manner so as to ensure coverage across operational envi8 ronments.
9
(d) TRAINING; CERTIFICATION.—A blast safety offi-
10 cer shall receive training and maintain a certification in
11 blast safety.
13
Subtitle B—Reserve Component
Management
14
SEC. 511. ACTIVE AND INACTIVE TRANSFERS OF OFFICERS
15
OF THE ARMY NATIONAL GUARD AND AIR
16
FORCE NATIONAL GUARD.
12
17
Section 303 of title 32, United States Code, is
18 amended by adding at the end the following new sub19 section:
20
‘‘(d)(1) Under regulations prescribed by the Sec-
21 retary of the Army—
22
‘‘(A) an officer of the Army National Guard
23
who fills a vacancy in a federally recognized unit of
24
the Army National Guard may be transferred from
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1
the active Army National Guard to the inactive
2
Army National Guard; and
3
‘‘(B) an officer of the Army National Guard
4
transferred to the inactive Army National Guard
5
pursuant to subparagraph (A) may be transferred
6
from the inactive Army National Guard to the active
7
Army National Guard to fill a vacancy in a federally
8
recognized unit.
9
‘‘(2) Under regulations prescribed by the Secretary
10 of the Air Force—
11
‘‘(A) an officer of the Air National Guard who
12
fills a vacancy in a federally recognized unit of the
13
Air National Guard may be transferred from the ac-
14
tive Air National Guard to the inactive Air National
15
Guard; and
16
‘‘(B) an officer of the Air National Guard
17
transferred to the inactive Air National Guard pur-
18
suant to subparagraph (A) may be transferred from
19
the inactive Air National Guard to the active Air
20
National Guard to fill a vacancy in a federally recog-
21
nized unit.’’.
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1
SEC. 512. NATIONAL GUARD: ACTIVE GUARD AND RESERVE
2
3
DUTY IN RESPONSE TO A STATE DISASTER.
(a) IN GENERAL.—Chapter 3 of title 32, United
4 States Code, is amended by inserting after section 328 the
5 following new section:
6 ‘‘§ 328a. Active Guard and Reserve duty: State dis7
8
aster response duty
‘‘(a) AUTHORITY.—The chief executive of a State
9 who has declared an emergency in such State due to a
10 disaster, may, with the consent of the Secretary of De11 fense, order a member of the National Guard of such
12 State, who is performing Active Guard and Reserve duty
13 pursuant to section 328 of this title, to perform duties
14 in response to, or in preparation for, such disaster. Duty
15 performed under this section shall be referred to as ‘State
16 disaster response duty’.
17
‘‘(b) REQUIREMENTS.—State disaster response duty
18 performed pursuant to this section—
19
20
‘‘(1) shall be on a reimbursable basis, in accordance with subsection (c);
21
‘‘(2) may be performed to the extent that the
22
performance of such duty does not interfere with the
23
performance of the member’s primary Active Guard
24
and Reserve duties of organizing, administering, re-
25
cruiting, instructing, and training the reserve com-
26
ponents; and
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1
‘‘(3) shall not exceed a total of 14 days per
2
member per calendar year, except that the Secretary
3
of Defense may, if the chief executive so requests be-
4
fore the end of the 14th such day, authorize an ex-
5
tension of the duration of such duty, not to exceed
6
an additional—
7
‘‘(A) 7 days, if the Secretary determines
8
that such extension is appropriate; and
9
‘‘(B) 46 days if the Secretary determines
10
that such duty is in support of the response to
11
a catastrophic incident, as that term is defined
12
in section 501 of the Homeland Security Act of
13
2002 (6 U.S.C. 311).
14
‘‘(c) REIMBURSEMENT.—(1) The Secretary of the
15 military department concerned shall charge a State for the
16 fully burdened costs of manpower for each day of State
17 disaster response duty performed pursuant to this section.
18
‘‘(2) Such charges shall be paid from the funds of
19 the State of the requesting chief executive or from any
20 other non-Federal funds.
21
‘‘(3) Any amounts received by a Secretary of a mili-
22 tary department under this section shall be credited, at
23 the discretion of the Secretary of Defense, to—
24
25
‘‘(A) the appropriation, fund, or account used
to pay such costs; or
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1
‘‘(B) an appropriation, fund, or account avail-
2
able for the purposes for which such costs were in-
3
curred.
4
‘‘(4) If the State of the requesting chief executive is
5 more than 90 days in arrears in reimbursing the Secretary
6 of the military department concerned for State disaster
7 response duty performed pursuant to this section, such
8 duty may not be performed—
9
10
‘‘(A) unless authorized by the Secretary of Defense; and
11
‘‘(B) after the requesting chief executive obli-
12
gates funds for the amount in arrears.
13
‘‘(d) LIMITATION OF LIABILITY.—While performing
14 State disaster response duty under this section, a member
15 of the National Guard is not an instrumentality of the
16 United States with respect to any act or omission in car17 rying out such duty. The United States shall not be re18 sponsible for any claim or judgment arising from the use
19 of a member of the National Guard under this section.
20
‘‘(e) DEFINITIONS.—In this section:
21
‘‘(1) The term ‘Active Guard and Reserve duty’
22
has the meaning given such term in section 101 of
23
title 10.
24
25
‘‘(2) The term ‘State’ has the meaning given
such term in section 901 of this title.’’.
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1
(b) REGULATIONS.—Not later than 180 days after
2 the date of the enactment of this Act, the Secretary of
3 Defense shall prescribe regulations under section 328a of
4 such title, as added by subsection (a).
5
SEC. 513. REPORT ON EFFECT OF EQUIPMENT SHORTFALLS
6
ON ABILITY OF NATIONAL GUARD TO PER-
7
FORM HOMELAND DEFENSE ACTIVITIES.
8
Section 908(b) of title 32, United States Code, is
9 amended by adding at the end the following new para10 graph:
11
‘‘(5) A description of the effect of any equip-
12
ment shortfall on the ability of the National Guard
13
of a State to perform a homeland defense activity.’’.
14
SEC. 514. REPORT ON NATIONAL GUARD SEXUAL ASSAULT
15
16
PREVENTION AND RESPONSE TRAINING.
Not later than 180 days after the date of the enact-
17 ment of this Act, and not later than March 30 of each
18 year thereafter through March 30, 2031, the Chief of the
19 National Guard Bureau, in coordination with the Sec20 retary of Defense, shall submit to the Committees on
21 Armed Services of the Senate and the House of Represent22 atives a report identifying the number of members of the
23 National Guard who received sexual assault prevention
24 and response training in the calendar year preceding the
25 date of the report, disaggregated by State.
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1
SEC. 515. STUDY AND REPORT ON MEMBERS OF THE RE-
2
SERVE COMPONENTS: CONSIDERATION OF
3
AMOUNT OF TIME OF SERVICE IN ACTIVA-
4
TION; AUTHORITY TO WAIVE LIMITATION ON
5
RELEASE FROM ACTIVE DUTY.
6
(a) STUDY.—The Secretary shall conduct a study to
7 determine the recommendations of the Secretary regard8 ing—
9
(1) consideration of the amount of time in serv-
10
ice or on active duty of a member of a reserve com-
11
ponent in making a determination to order the mem-
12
ber to active duty; and
13
(2) the ability of a member of a reserve compo-
14
nent to waive the limitation on release from active
15
duty under section 12686(b) of title 10, United
16
States Code.
17
(b) ELEMENTS.—The study under subsection (a)
18 shall address the following:
19
(1) In evaluating the suitability of a member of
20
a reserve component to be ordered to active duty,
21
whether to consider the amount of time of service—
22
(A) in the Armed Forces of such member;
23
(B) on active duty of such member; and
24
(C) on active duty by such member that
25
would result in such member becoming eligible
26
for retired pay or retainer pay under a purely
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1
military retirement system (other than the re-
2
tirement system under chapter 1223 of such
3
title).
4
(2) Whether to change the applicability of the
5
waiver under section 12686(b) of such title from an
6
order to active duty that specifies a period of less
7
than 180 days to an order to active duty that speci-
8
fies a period of less than 365 days.
9
(c) USE OF INFORMATION.—In carrying out this sec-
10 tion, the Secretary concerned may provide, to a person
11 performing an evaluation described in subsection (b)(1),
12 information on the relevant experience of a member, in13 cluding the amount of time a member has performed du14 ties relevant to the duty for which such member is being
15 evaluated.
16
(d) REPORT.—Not later than April 1, 2026, the Sec-
17 retary of Defense shall submit to the Committees on
18 Armed Services of the Senate and House of Representa19 tives a report containing the results of the study under
20 this section.
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2
Subtitle C—General Service
Authorities and Military Records
3
SEC. 521. INDIVIDUAL LONGITUDINAL EXPOSURE RECORD:
1
4
5
CODIFICATION; EXPANSION.
(a) EXPANSION.—Chapter 50 of title 10, United
6 States Code, is amended by adding at the end the fol7 lowing new section:
8 ‘‘§ 996. Individual Longitudinal Exposure Record
9
‘‘(a) ESTABLISHMENT.—The Secretary of Defense
10 shall maintain a data system that is a central web portal
11 for exposure-related data that compiles, collates, presents,
12 and provides available occupational and environmental ex13 posure information to support the needs of the Depart14 ment of Defense and the Department of Veterans Affairs.
15 Such data system shall be referred to as the ‘Individual
16 Longitudinal Exposure Record’.
17
‘‘(b) ELEMENTS.—The Individual Longitudinal Ex-
18 posure Record includes the following elements:
19
20
‘‘(1) Service records of members of the armed
forces.
21
‘‘(2) All data available to the Secretary regard-
22
ing how, where, and when members of the armed
23
forces have been exposed to various occupational or
24
environmental hazards.
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1
‘‘(3) Medical records of members relating to ex-
2
posures described in paragraph (2), including diag-
3
noses, treatment plans, and laboratory data.
4
‘‘(c) SERVICE RECORDS.—If a member is a member
5 described in paragraph (2) of subsection (b), the Secretary
6 shall include the data described in such paragraph in the
7 service record of such member.
8
‘‘(d) DATA SHARING.—The Secretary shall provide
9 access to information in the Individual Longitudinal Expo10 sure Record to the following:
11
‘‘(1) The Secretary of Veterans Affairs.
12
‘‘(2) The Director of the Defense Health Agen-
13
cy, for use by health care providers, epidemiologists,
14
and researchers of the Department of Defense.
15
‘‘(3) The Under Secretary for Health of the De-
16
partment of Veterans Affairs, for use by health care
17
providers, epidemiologists, and researchers of such
18
department.
19
‘‘(4) The Under Secretary for Benefits of the
20
Department of Veterans Affairs, for use by per-
21
sonnel of such department regarding compensation
22
and benefits for service-connected disabilities or
23
death.
24
‘‘(e) ANNUAL BRIEFING.—(1) The Secretary of De-
25 fense shall submit, to the committees specified in para-
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1 graph (2), an annual briefing regarding the Individual
2 Longitudinal Exposure Record, including an explanation
3 of how the Secretary intends to include in the Individual
4 Longitudinal Exposure Record data described in sub5 section (b)(2) in cases where part or all of such data is
6 classified.
7
‘‘(2) The committees specified in this paragraph are
8 the following:
9
10
‘‘(A) The Committee on Armed Services of the
Senate.
11
12
‘‘(B) The Committee on Armed Services of
House of Representatives.
13
14
‘‘(C) The Committee on Veterans’ Affairs of the
Senate.
15
‘‘(D) The Committee on Veterans’ Affairs of
16
the House of Representatives.’’.
17
(b) CONFORMING AMENDMENT.—Section 1171(b)(2)
18 of title 38, United States Code, is amended to read as
19 follows:
20
‘‘(2) The term ‘Individual Longitudinal Expo-
21
sure Record’ means the data system maintained
22
under section 996 of title 10.’’.
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1
2
SEC. 522. WOMEN’S INITIATIVE TEAMS.
(a) IN GENERAL.—Chapter 50 of title 10, United
3 States Code, is amended by adding at the end the fol4 lowing new section:
5 ‘‘§ 997. Establishment of women’s initiative teams
6
‘‘(a) ESTABLISHMENT.—The Secretary concerned
7 shall establish a women’s initiative team in each of the
8 Army, Navy, Air Force, Marine Corps, and Space Force
9 to identify and address barriers, if any, to the service, re10 cruitment, retention, and advancement of women in those
11 armed forces.
12
‘‘(b) DUTIES.—Each women’s initiative team estab-
13 lished under subsection (a) shall—
14
‘‘(1) identify and address issues, if any, that
15
hinder service by women in the armed force in which
16
such team is established;
17
18
‘‘(2) support the recruitment and retention of
women in such armed force;
19
‘‘(3) recommend policy changes that support
20
the needs of women members of such armed force;
21
and
22
23
‘‘(4) foster a sense of community.
‘‘(c) COMPOSITION.—Each women’s initiative team
24 established under subsection (a) shall be composed of
25 members of the armed force in which such team is estab-
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1 lished of a variety of ranks, backgrounds, and occupational
2 specialities.
3
‘‘(d) COLLABORATION.—A women’s initiative team
4 established under subsection (a) shall work collaboratively
5 with the leadership of the armed force in which such team
6 is established and other stakeholders to carry out the du7 ties described in subsection (b).’’.
8
(b) REPORTS.—Not later than one year after the date
9 of the enactment of this Act, and annually thereafter until
10 the date that is five years after such date, the Secretary
11 of Defense shall submit to the congressional defense com12 mittees a report on the activities and progress of each
13 women’s initiative team established under section 996 of
14 title 10, United States Code, as added by subsection (a).
15 Each report shall include the following:
16
(1) A description of the structure, membership,
17
and organizational alignment of each women’s initia-
18
tive team.
19
20
(2) A summary of key activities and initiatives
undertaken by each team.
21
(3) An assessment of the impact of such activi-
22
ties on improving conditions for women, including
23
measurable outcomes where available.
24
(4) Recommendations for legislative or policy
25
changes to further support the success of the teams.
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1
SEC. 523. HONORARY PROMOTIONS ON THE INITIATIVE OF
2
THE DEPARTMENT OF DEFENSE.
3
Section 1563a of title 10, United States Code, is
4 amended—
5
(1) in subsection (a)—
6
(A) in paragraph (1)—
7
(i) by striking ‘‘the Secretary may
8
make an honorary promotion (whether or
9
not posthumous) of a former’’ and insert-
10
ing ‘‘the Secretary of a military depart-
11
ment may make an honorary promotion,
12
including a posthumous honorary pro-
13
motion, of a former’’; and
14
(ii) by striking ‘‘if the Secretary de-
15
termines that the promotion is merited’’;
16
and
17
(B) by striking paragraph (2) and insert-
18
19
ing the following:
‘‘(2) The honorary grade to which a member de-
20 scribed in paragraph (1) is promoted shall be commensu21 rate with such member’s contributions to the armed forces
22 or the national defense.
23
‘‘(3) The Secretary of a military department is not
24 authorized to make an honorary promotion under para25 graph (1) solely on the basis that a member described in
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1 paragraph (1) was recommended for such promotion prior
2 to separating from the armed forces.
3
‘‘(4)(A) The Secretary of a military department is
4 only authorized to make an honorary promotion under
5 paragraph (1) upon receipt of a favorable recommendation
6 by a board of at least three independent officers convened
7 specifically for the purpose of reviewing the proposed hon8 orary promotion.
9
‘‘(B) For purposes of this paragraph, an officer is
10 an independent officer if—
11
‘‘(i) the officer has no relationship with the
12
former member or retired member of the armed
13
forces whose proposed honorary promotion is the
14
subject of review by the board on which such officer
15
will serve under this paragraph; and
16
17
‘‘(ii) the officer has no personal interest in the
proposed honorary promotion.’’;
18
(2) in subsection (b), by striking ‘‘The Sec-
19
retary’’ and inserting ‘‘The Secretary of a military
20
department’’; and
21
(3) in subsection (c), by striking ‘‘ the Sec-
22
retary’’ and inserting ‘‘the Secretary of the military
23
department concerned’’.
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1
SEC. 524. ENHANCED EFFICIENCY AND SERVICE DISCRE-
2
TION FOR DISABILITY EVALUATION SYSTEM
3
REVIEWS.
4
(a) SECRETARIAL DISCRETION AND STATEMENTS OF
5 CONTENTION FOR APPEALS TO PHYSICAL EVALUATION
6 BOARD DETERMINATIONS OF FITNESS FOR DUTY.—Sec7 tion 524 of the National Defense Authorization Act for
8 Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1071
9 note) is amended—
10
(1) in the matter preceding paragraph (1), by
11
striking ‘‘Not later than 90 days after the date of
12
the enactment of this Act, the Secretary’’ and insert-
13
ing ‘‘The Secretary’’; and
14
(2) in paragraph (1), by adding at the end the
15
following: ‘‘The Secretary concerned may require
16
submission of a statement of contention as part of
17
the appeal submission.’’.
18
(b) STATEMENTS OF CONTENTION FOR PHYSICAL
19 EVALUATION BOARDS.—Section 1214 of title 10, United
20 States Code, is amended by striking ‘‘if he demands it.’’
21 and inserting ‘‘if the member demands it. The Secretary
22 concerned may require submission of a statement of con23 tention as part of the demand.’’.
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1
SEC. 525. REQUIREMENT OF EQUAL OPPORTUNITY, RACIAL
2
NEUTRALITY, AND EXCLUSIVE USE OF MERIT
3
IN MILITARY PERSONNEL ACTIONS.
4
Section 529C of the National Defense Authorization
5 Act for Fiscal Year 2024 (10 U.S.C. note prec. 501) is
6 amended, in subsection (a), by striking ‘‘or a promotion’’
7 and inserting ‘‘, promotion, or command selection’’.
8
SEC. 526. REPORT ON ADEQUACY OF REIMBURSEMENT FOR
9
COSTS OF PERMANENT CHANGE OF STATION.
10
(a) REPORT REQUIRED.—Not later than March 31,
11 2028, the Secretary of Defense shall submit to the Com12 mittees on Armed Services of the Senate and the House
13 of Representatives a report on the adequacy of reimburse14 ments for expenses incurred by members of the Armed
15 Forces undergoing a permanent change of station.
16
(b) SURVEY REQUIREMENTS.—In preparing the re-
17 port required under subsection (a), the Secretary of De18 fense shall—
19
(1) conduct a comprehensive survey of not
20
fewer than 10,000 members of the Armed Forces
21
who complete a permanent change of station during
22
fiscal year 2026 or 2027 that—
23
(A) collects detailed information on actual
24
expenses incurred, both reimbursed and unreim-
25
bursed;
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1
(B) includes options for members to
2
upload receipts and documentation electroni-
3
cally, provided that such uploads are supple-
4
mental and optional;
5
(C) is designed to ensure statistical valid-
6
ity;
7
(D) achieves response rates sufficient to
8
ensure representative samples from each mili-
9
tary department and pay grade category; and
10
(E) includes questions regarding financial
11
stress, debt incurrence, and impact on military
12
retention decisions;
13
(2) conduct follow-up surveys with a subset of
14
respondents to gather additional detail on specific
15
cost categories;
16
(3) survey military spouses separately regarding
17
employment-related costs and career impacts of per-
18
manent changes of station; and
19
(4) consult with military relief societies regard-
20
ing financial assistance patterns and trends relating
21
to permanent changes of station.
22
(c) ELEMENTS.—
23
(1)
24
EGORIES.—
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CAT-
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(A) ANALYSIS.—For each of the categories
2
described in subparagraph (B), the report re-
3
quired by subsection (a) shall include—
4
5
(i) an identification of all expenses intended to be covered;
6
7
(ii) an identification of related expenses that are not covered;
8
(iii) the average actual costs incurred
9
by members of the Armed Forces for both
10
covered and uncovered expenses, based on
11
survey data from not fewer than 10,000
12
permanent changes of station conducted
13
during fiscal years 2025 and 2026, ac-
14
counting for peak and non-peak cycles;
15
16
(iv) a comparison of actual costs to
reimbursement amounts;
17
18
(v) a justification for the inclusion or
exclusion of specific expenses; and
19
(vi) recommendations for modifica-
20
tions to coverage or reimbursement rates.
21
(B)
CATEGORIES.—The
categories
de-
22
scribed in this subparagraph are as follows:
23
(i) Dislocation allowance.
24
(ii) Temporary lodging expense and
25
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1
(iii) Per diem allowances.
2
(iv) Monetary allowance in lieu of
3
transportation.
4
(v) Personally procured move reim-
5
bursements.
6
(vi) Household goods shipment and
7
storage entitlements.
8
(vii) Dependent travel allowances.
9
(viii) Pet transportation reimburse-
10
ment.
11
(ix) Any other allowances or reim-
12
bursements related to permanent changes
13
of station.
14
(2) UNCOVERED EXPENSE ANALYSIS.—The re-
15
port required under subsection (a) shall include an
16
examination of expenses commonly incurred but not
17
reimbursed, including—
18
19
20
21
(A) security deposits and advance rent
payments;
(B) utility and telecommunication connection and disconnection fees;
22
(C) contract termination penalties;
23
(D) State vehicle registration and driver’s
24
25
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1
(F) temporary storage beyond authorized
2
limits;
3
(G) childcare registration for dependents;
4
and
5
(H) replacement of household items dam-
6
aged or unsuitable for new location.
7
(3) FINANCIAL IMPACT ASSESSMENT.—The re-
8
port required under subsection (a) shall include an
9
analysis of the financial impact of permanent
10
changes of station on members of the Armed Forces,
11
including—
12
(A) average out-of-pocket expenses by pay
13
grade;
14
(B) percentage of members incurring debt
15
due to expenses related to a permanent change
16
of station;
17
(C) impact on the emergency savings of
18
members of the Armed Forces; and
19
(D) utilization rates of military relief soci-
20
ety assistance for financial hardship relating to
21
permanent changes of station.
22
(4) METHODOLOGY
FOR
FUTURE
ADJUST-
23
MENTS.—The report required under subsection (a)
24
shall include recommendations for establishing an
25
annual review and adjustment process for reimburse-
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1
ments for costs relating to a permanent change of
2
station that accounts for—
3
(A) inflation and cost-of-living changes;
4
(B) regional variations in moving costs, in-
5
cluding those related to status of forces agree-
6
ments, currency fluctuation, local housing mar-
7
kets, and pet importation or quarantine require-
8
ments;
9
(C) changes in typical household composi-
10
tion and needs; and
11
(D) emerging categories of relocation ex-
12
13
penses.
(d) DISAGGREGATION REQUIREMENTS.—The report
14 required by subsection (a) shall include all data
15 disaggregated by—
16
17
(1) permanent changes of station within the
continental United States;
18
(2) permanent changes of station from the con-
19
tinental United States to locations outside the conti-
20
nental United States;
21
(3) permanent changes of station from locations
22
outside the continental United States to the conti-
23
nental United States;
24
25
(4) permanent changes of station between locations outside the continental United States;
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1
2
(5) pay grade of the members undergoing a
permanent change of station;
3
(6) family status of the member;
4
(7) distance between the permanent station
5
from which the member is transferring to the per-
6
manent station to which the member is transferring;
7
(8) duty status of the member;
8
(9) whether the member participates in the Ex-
9
ceptional Family Member Program; and
10
11
(10) origin and destination installation.
(e) DATA INTEGRATION.—The report shall, to the
12 maximum extent practicable, incorporate and reconcile
13 data from existing systems of the Department of Defense.
14
(f) DATA PRIVACY AND CUSTODY.—
15
(1) IN GENERAL.—The Secretary of Defense
16
shall ensure that all data collected to carry out this
17
section remains under the custody and control of the
18
Department of Defense.
19
(2) USE
OF
CONTRACTORS.—The
Secretary
20
shall prohibit any contractor supporting implementa-
21
tion of this section from use of data collected to
22
carry out this section other than for purposes of this
23
section, including with respect to use in artificial in-
24
telligence model training, commercial applications, or
25
other derivative purposes.
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1
(g) INTERIM BRIEFING.—Not later than March 31,
2 2027, the Secretary of Defense shall provide the Commit3 tees on Armed Services of the Senate and the House of
4 Representatives an interim briefing on preliminary find5 ings and anticipated recommendations of the report re6 quired under subsection (a).
7
8
9
10
Subtitle D—Recruitment and
Accession
SEC. 531. RECRUITER ACCESS TO SECONDARY SCHOOLS.
Section 503(c)(1)(A) of title 10, United States Code,
11 is amended by striking clauses (i) through (iii) and insert12 ing the following new clauses:
13
‘‘(i) shall provide to a military recruiter, for the
14
purpose of recruiting students who are at least 17
15
years old, access—
16
‘‘(I) to the campus of a secondary school
17
under the jurisdiction of such local educational
18
agency; and
19
‘‘(II) that is equivalent to access provided
20
to such campus to a prospective employer of
21
such students, an institution of higher edu-
22
cation, or another recruiter;
23
‘‘(ii) shall, upon the request of a military re-
24
cruiter for the purpose described in clause (i), pro-
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1
vide access to at least one in-person recruitment
2
event (such as a career fair) per academic year; and
3
‘‘(iii) shall, upon the request of a military re-
4
cruiter for the purpose described in clause (i), pro-
5
vide, not later than 30 days after receiving such re-
6
quest, access to secondary school student names, ad-
7
dresses, electronic mail addresses (which shall be the
8
electronic mail addresses provided by the school, if
9
available), and telephone and mobile phone listings,
10
notwithstanding subsection (a)(5) of section 444 of
11
the General Education Provisions Act (20 U.S.C.
12
1232g).’’.
13
SEC. 532. ALTERNATIVE SERVICE IN AREAS OF NATIONAL
14
INTEREST BY INDIVIDUALS DENIED ENLIST-
15
MENT.
16
(a) IN GENERAL.—Section 504 of title 10, United
17 States Code, is amended by adding at the end the fol18 lowing new subsection:
19
‘‘(c) ALTERNATIVE SERVICE IN AREAS OF NATIONAL
20 INTEREST.—(1) The Secretary of Defense shall carry out
21 a program to provide to an individual described in para22 graph (2) information about opportunities to work in
23 areas of national interest to the United States.
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1
‘‘(2) An individual described in this paragraph is an
2 individual who seeks to originally enlist in an armed force
3 but is denied enlistment.
4
‘‘(3) In carrying out the program required by para-
5 graph (1), the Secretary shall—
6
‘‘(A) identify job opportunities in the defense
7
industrial base, cybersecurity or intelligence support,
8
research and development in defense technologies,
9
national emergency and disaster preparedness, or
10
any other non-military field the Secretary considers
11
in the national interests of the United States;
12
‘‘(B) provide available information about train-
13
ing or certification programs to obtain the skills nec-
14
essary for such a job; and
15
‘‘(C) seek to enter into agreements with entities
16
in the fields described in subparagraph (A).
17
‘‘(4) The Secretary of Defense shall annually submit
18 to the Committees on Armed Services of the Senate and
19 the House of Representatives a report on the program re20 quired by this subsection. Such report shall include, with
21 respect to the year preceding the date of the report, the
22 following elements:
23
‘‘(A) The number of individuals described in
24
paragraph (2) provided information described in
25
paragraph (3)(A).
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1
‘‘(B) The number of individuals described in
2
paragraph (2) provided information described in
3
paragraph (3)(B).
4
‘‘(C) The number of agreements described in
5
paragraph (3)(C) into which the Secretary entered.’’.
6
(b) REPORT.—Not later than one year after the date
7 of the enactment of this Act, the Secretary of Defense
8 shall submit to the Committees on Armed Services of the
9 Senate and the House of Representatives a report regard10 ing the implementation of subsection (c) of such section,
11 as added by subsection (a) of this section.
12
SEC. 533. MEDICAL ACCESSION STANDARDS FOR MEMBERS
13
14
OF THE ARMED FORCES.
Chapter 37 of title 10, United States Code, is amend-
15 ed by adding at the end the following new section:
16 ‘‘§ 658. Medical accession standards for members of
17
18
the armed forces
‘‘(a) ESTABLISHMENT
OF
STANDARDS.—(1) The
19 Secretary of Defense shall prescribe uniform medical ac20 cession standards for the appointment, enlistment, or in21 duction of individuals into the armed forces.
22
‘‘(2) The Secretary of Defense shall make readily
23 available and understandable to applicants for military
24 service the medical accession standards established under
25 paragraph (1), including an explanation of the process for
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1 a review or waiver of a medical disqualification under sub2 section (b).
3
‘‘(b) PROCESS FOR REVIEW OR WAIVER OF MEDICAL
4 DISQUALIFICATIONS.—(1) The Secretary of Defense shall
5 establish a process for the review of medical disqualifica6 tions of persons seeking to become a member of the armed
7 forces and for granting waivers of those medical disquali8 fications. Determinations shall be based on all available
9 information regarding the medical condition and the oper10 ational needs of the military service concerned.
11
‘‘(2) The waiver process shall include criteria permit-
12 ting waivers when such action is in the interests of na13 tional security, defined as a compelling governmental in14 terest in accessing an individual whose service would di15 rectly support the Department’s warfighting capabilities.
16
‘‘(c) REPORTS.—(1) The Secretary of Defense shall
17 submit to the Committees on Armed Services of the Sen18 ate and the House of Representatives an annual report
19 identifying—
20
‘‘(A) the number of persons disqualified from
21
service as a member of the armed forces during the
22
preceding calendar year due to medical history;
23
‘‘(B) the number and type of approvals granted
24
under subsection (b) during the preceding calendar
25
year; and
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‘‘(C) any revisions to the medical accession
2
standards established under subsection (a) or the
3
waiver process established under subsection (b) since
4
the preceding report.
5
‘‘(2) In any fiscal year in which the accession of a
6 person into the Coast Guard is approved under the process
7 established under subsection (b), the Secretary of the de8 partment in which the Coast Guard is operating shall sub9 mit to the Committee on Transportation and Infrastruc10 ture of the House of Representatives and the Committee
11 on Commerce, Science, and Transportation of the Senate
12 a report identifying the information required under para13 graph (1)(B) with respect to such member.’’.
14
SEC. 534. CLARIFYING THE CALCULATION OF ENLIST-
15
MENTS FOR PERSONS WHOSE SCORE ON THE
16
ARMED
17
BELOW A PRESCRIBED LEVEL FOR THE FU-
18
TURE
19
COURSE.
20
FORCES
QUALIFICATION
SERVICEMEMBER
TEST
IS
PREPARATORY
Section 546 of the National Defense Authorization
21 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
22 520 note) is amended—
23
24
(1) in subsection (c), by adding at the end the
following new paragraph:
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1
‘‘(4) EFFECT OF COURSE GRADUATION.—The
2
Secretary concerned may exclude from the popu-
3
lation to be considered for purposes of determining
4
the percentage limitations imposed by section 520(a)
5
of title 10, United States Code, any enlisted person
6
who has graduated from a future servicemember
7
preparatory course established pursuant to this sec-
8
tion with a score on the Armed Forces Qualification
9
Test that is at or above the thirty-first percentile,
10
provided that—
11
‘‘(A) the Armed Forces Qualifications Test
12
score that is at or above the thirty-first per-
13
centile is obtained within the same fiscal year
14
in which the individual was originally enlisted
15
to serve on active duty; and
16
‘‘(B) such score is obtained during the pe-
17
riod the individual was originally enlisted to
18
serve on active duty, as determined by the Sec-
19
retary concerned.’’; and
20
(2) in subsection (d)—
21
(A)
by
redesignating
paragraphs
(1)
22
through (6) as paragraphs (3) through (8), re-
23
spectively;
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1
(B) by inserting before paragraph (3), as
2
redesignated by subparagraph (A), the following
3
new paragraphs:
4
‘‘(1) The percentage of nonprior service enlisted
5
persons who scored below the thirty-first percentile
6
on the Armed Forces Qualification Test upon origi-
7
nal enlistment.
8
‘‘(2) The percentage of nonprior service enlisted
9
persons who scored below the thirty-first percentile
10
on the Armed Forces Qualification Test following
11
graduation from the preparatory course or subse-
12
quent reclassification, as applicable.’’; and
13
(C) in paragraph (5), as so redesignated,
14
by striking ‘‘prepatory’’ and inserting ‘‘pre-
15
paratory’’.
16
SEC. 535. SELECTIVE SERVICE SYSTEM: AUTOMATIC REG-
17
18
ISTRATION.
(a) AUTOMATIC REGISTRATION.—The Military Selec-
19 tive Service Act (50 U.S.C. 3801 et seq.) is amended by
20 striking section 3 (50 U.S.C. 3802) and inserting the fol21 lowing new section 3:
22
‘‘SEC. 3. (a)(1) Except as otherwise provided in this
23 title, every male citizen of the United States, and every
24 other male person residing in the United States, between
25 the ages of eighteen and twenty-six, shall be automatically
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1 registered under this Act by the Director of the Selective
2 Service System.
3
‘‘(2) This section shall not apply to any alien lawfully
4 admitted to the United States as a nonimmigrant under
5 section 101(a)(15) of the Immigration and Nationality Act
6 (8 U.S.C. 1101) for so long as such alien continues to
7 maintain a lawful nonimmigrant status in the United
8 States.
9
‘‘(b) Regulations prescribed pursuant to this section
10 (a) may require—
11
‘‘(1) a person subject to registration under this
12
section to provide, to the Director, information (in-
13
cluding date of birth, address, social security ac-
14
count number, phone number, and email address)
15
regarding such person;
16
‘‘(2) a Federal entity to provide, to the Direc-
17
tor, information described in paragraph (1) that the
18
Director determines necessary to identify or register
19
a person subject to registration under this section;
20
and
21
‘‘(3) the Director to provide, to a person reg-
22
istered under this section, written notification that—
23
‘‘(A) such person has been so registered;
24
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1
‘‘(B) if such person is not required to be
2
so registered, the procedure by which such per-
3
son may correct such registration.’’.
4
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
5 The Military Selective Service Act is further amended—
6
(1) in section 4 (50 U.S.C. 3803)—
7
(A) in subsection (a)—
8
(i) by striking ‘‘required to register’’
9
each place it appears and inserting ‘‘reg-
10
istered’’;
11
12
(ii) by striking ‘‘at the time fixed for
his registration,’’; and
13
(iii) by striking ‘‘who is required to
14
register’’ and inserting ‘‘registered’’;
15
(B) in subsection (k)(2), in the matter fol-
16
lowing subparagraph(B), by striking ‘‘liable for
17
registration’’ and inserting ‘‘registered’’;
18
(2) in section 6(a) (50 U.S.C. 3806(a))—
19
(A) in paragraph (1)—
20
(i) by striking ‘‘required to be’’;
21
(ii) by striking ‘‘subject to registra-
22
tion’’ and inserting ‘‘registered’’; and
23
(iii) by striking ‘‘liable for registration
24
and training’’ and inserting ‘‘registered
25
and liable for training’’;
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1
(B) in paragraph (2), by striking ‘‘required
2
to be’’ each place it appears;
3
(3) in section 10(b)(3) (50 U.S.C. 3809(b)(3))
4
by striking ‘‘registration,’’;
5
6
(4) in section 12 (50 U.S.C. 3811)—
(A) in subsection (d)—
7
(i) by striking ‘‘, neglecting, or refus-
8
ing to perform the duty of registering im-
9
posed by’’ and inserting ‘‘registration
10
under’’; and
11
(ii) by striking ‘‘, or within five years
12
next after the last day before such person
13
does perform his duty to register, which-
14
ever shall first occur’’;
15
(B) in subsection (e)—
16
(i) by striking ‘‘the Secretary of
17
Health and Human Services’’ and insert-
18
ing ‘‘Federal agencies’’;
19
(ii) by striking ‘‘by a proclamation of
20
the President’’ and inserting ‘‘to be reg-
21
istered’’;
22
(iii) by striking ‘‘to present themselves
23
for and submit to registration under such
24
section’’; and
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1
(iv) by striking ‘‘by the Secretary’’;
2
and
3
(C) by striking subsection (g) (50 U.S.C.
4
3811(g)); and
5
(5) in section 15(a) (50 U.S.C. 3813(a)), by
6
striking ‘‘upon publication by the President of a
7
proclamation or other public notice fixing a time for
8
any registration under section 3’’.
9
(c) EFFECTIVE DATE.—The amendments made by
10 this section shall take effect one year after the date of
11 the enactment of this Act.
12
Subtitle E—Member Training
13
SEC. 541. JUNIOR RESERVE OFFICERS’ TRAINING CORPS
14
INSTRUCTOR QUALIFICATIONS.
15
Section 2031(d) of title 10, United States Code, is
16 amended by adding at the end the following new para17 graph:
18
‘‘(3) The Secretary concerned may not require an of-
19 ficer or noncommissioned officer described in paragraph
20 (1)(B) to have completed more than 8 years of service as
21 a member of the armed forces as a condition for approval
22 by the Secretary to serve as an administrator or instructor
23 in the program.’’.
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1
SEC. 542. NUMBER OF JUNIOR RESERVE OFFICERS’ TRAIN-
2
ING CORPS UNITS.
3
(a) IN GENERAL.—Section 2031(i) of title 10, United
4 States Code, is amended by striking ‘‘support not fewer
5 than 3,400, and not more than 4,000, units’’ and inserting
6 ‘‘support not fewer than 3,600, and not more than 4,200,
7 units’’.
8
(b) EFFECTIVE DATE.—The amendment made by
9 subsection (a) shall take effect on October 1, 2027.
10
(c) REPEAL OF SUPERSEDED PROVISION.—Section
11 545 of the Servicemember Quality of Life Improvement
12 and National Defense Authorization Act for Fiscal Year
13 2025 (Public Law 118–159) is repealed.
14
SEC. 543. REQUIREMENTS WITH RESPECT TO MOTORCYCLE
15
16
SAFETY TRAINING.
Chapter 21 of title 10, United States Code, is amend-
17 ed by inserting after section 2009 the following new sec18 tion:
19 ‘‘§ 2010. Requirements with respect to motorcycle
20
21
safety training
‘‘The Secretaries of the military departments shall
22 ensure that all beginner motorcycle safety training pro23 vided to members of the Armed Forces meets the motor24 cycle safety training requirements for licensing of the
25 State in which the permanent station of the member re26 ceiving the training is located.’’.
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1
SEC. 544. REPEAL OF ANNUAL CERTIFICATIONS RELATED
2
TO THE READY, RELEVANT LEARNING INITIA-
3
TIVE OF THE NAVY.
4
Section 545 of the National Defense Authorization
5 Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C.
6 8431 note prec.) is repealed.
7
SEC. 545. MANDATORY TRAINING ON GOVERNMENT ETHICS
8
AND NATIONAL SECURITY LAW.
9
10
(a) ANNUAL TRAINING ON GOVERNMENT ETHICS
AND STANDARDS OF CONDUCT.—
11
(1) IN GENERAL.—Beginning on the date that
12
is one year after the date of the enactment of this
13
Act, the Secretary of each military department shall
14
ensure that all members of the Armed Forces under
15
the jurisdiction of such Secretary are trained annu-
16
ally in government ethics and standards of conduct.
17
(2) IMPLEMENTATION PLAN.—Not later than
18
180 days after the date of the enactment of this Act
19
the Secretary of each military department shall pro-
20
vide to the congressional defense committees a brief-
21
ing on the implementation plan for carrying out the
22
requirements of paragraph (1), including—
23
(A) resources and personnel required to
24
provide the training required by paragraph (1);
25
(B) the curriculum for such training;
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1
(C) the manner in which training will be
2
provided and the mode of the delivery of such
3
training; and
4
(D) any other matter related to such train-
5
ing the Secretary considers appropriate.
6
(b) TRAINING ON THE LAW OF ARMED CONFLICT
7
AND RULES OF ENGAGEMENT.—The Secretary of each
8 military department shall ensure that all members of the
9 Armed Forces under the jurisdiction of such Secretary are
10 trained during the 90-day period that ends on the date
11 of a mobilization or deployment on the following topics,
12 as applicable:
13
(1) The law of armed conflict.
14
(2) Rules of engagement.
15
(3) Defense support for civil authorities.
16
(4) Standing rules for the use of force.
17
(5) The Code of Conduct for Members of the
18
Armed Forces of the United States as prescribed in
19
Executive Order 10631 or any successor Executive
20
Order.
21
SEC. 546. TEMPORARY AUTHORITY TO PROVIDE BONUSES
22
TO JUNIOR RESERVE OFFICERS’ TRAINING
23
CORPS INSTRUCTORS.
24
(a) IN GENERAL.—The Secretary concerned may pay
25 to a member or former member of the Armed Forces
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1 under the jurisdiction of the Secretary a one-time bonus
2 of not more than $10,000 if the member or former mem3 ber—
4
(1) agrees to be an instructor for the Junior
5
Reserve Officers’ Training Corps under section
6
2031(d) of title 10, United States Code, in a posi-
7
tion the Secretary concerned determines is difficult
8
to fill; and
9
(2) serves as such an instructor for not less
10
than one academic year.
11
(b) BRIEFING REQUIRED.—Not later than one year
12 after the date of the enactment of this Act, and annually
13 thereafter until the termination date described in sub14 section (c), the Secretary of Defense shall brief the con15 gressional defense committees on—
16
17
(1) the use of the authority provided by subsection (a); and
18
(2) the effectiveness of bonuses provided under
19
subsection (a) on increasing the number of instruc-
20
tors for the Junior Reserve Officers’ Training Corps.
21
(c) TERMINATION.—The authority provided by sub-
22 section (a) terminates on the date that is five years after
23 the date of the enactment of this Act.
24
(d) SECRETARY CONCERNED DEFINED.—In this sec-
25 tion, the term ‘‘Secretary concerned’’ has the meaning
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1 given that term in section 101 of title 10, United States
2 Code.
3
SEC. 547. PILOT PROGRAM FOR GENERATIVE ARTIFICIAL
4
INTELLIGENCE
5
FOR PERFORMANCE TRAINING AND PRO-
6
FICIENCY ASSESSMENT.
7
AND
SPATIAL
COMPUTING
(a) ESTABLISHMENT.—Not later than 90 days after
8 the date of the enactment of this Act, the Secretary of
9 the Navy shall develop and implement a pilot program to
10 optimize the use of generative artificial intelligence and
11 spatial computing for immersive training and assessment.
12
(b) ELEMENTS.—The pilot program required by sub-
13 section (a) shall include—
14
15
(1) the development of content with respect to
not less than 5 occupational specialties; and
16
(2) methods to assess the feasibility and effec-
17
tiveness of the use of generative artificial intelligence
18
and spatial computing training methods in compari-
19
son to other training methods, particularly with re-
20
spect to cost and time required to achieve training
21
goals.
22
(c) TERMINATION.—The pilot program required by
23 subsection (a) shall terminate on the date that is one year
24 after the date of the establishment of the program.
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1
(d) REPORT.—Not later than 90 days after the termi-
2 nation of the pilot program required by subsection (a), the
3 Secretary of the Navy shall submit to the congressional
4 defense committees a report describing the results of the
5 pilot program, including an analysis of the effectiveness
6 of the use of generative artificial intelligence and spatial
7 computing for training and a description of any cost sav8 ings and savings in time required to achieve training goals.
9
SEC. 548. LIMITATION ON AUTHORITY TO REORGANIZE THE
10
SENIOR
11
CORPS OF THE ARMY.
12
RESERVE
OFFICERS’
TRAINING
(a) BRIEFING ON REORGANIZATION PLANS.—Not
13 later than March 1, 2026, the Secretary of the Army shall
14 provide to the Committees on Armed Services of the Sen15 ate and the House of Representatives a briefing on the
16 plans of the Secretary of the Army with respect to reorga17 nization of the program or individual units of the program.
18 Such briefing shall include the following:
19
(1) The number of members of the program an-
20
ticipated to be affected by such a reorganization at
21
each educational institution.
22
(2) An identification of the requirements for
23
members of the program who are members of a unit
24
that will close or whose position within a unit will
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1
be eliminated to transfer to another unit of the pro-
2
gram.
3
(3) An identification of alternative pathways for
4
members of the program affected by a reorganiza-
5
tion to be appointed as a commissioned officer in the
6
Armed Forces.
7
(b) LIMITATIONS.—
8
(1) BRIEFING PRIOR TO REORGANIZATION.—
9
The Secretary of the Army may not reorganize a
10
unit of the program of the Army until the date that
11
is 90 days after the date on which the Secretary,
12
acting through the Army Cadet Command, provides
13
to the Committees on Armed Services of the Senate
14
and House of Representatives a briefing with respect
15
to the reorganization of such unit that includes the
16
following:
17
18
(A) Each position of such unit to be eliminated.
19
(B) A risk analysis regarding the impact of
20
the reorganization on Army officer accessions
21
that justifies such reorganization.
22
23
(C) Anticipated cost savings or expenses to
the United States.
24
(D) The number of members of the pro-
25
gram affected by the reorganization, including
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1
the number of members who will have to travel
2
to another educational institution to participate
3
in the program after the reorganization.
4
(E) Any change to a scholarship awarded
5
under section 2107 or 2107a of title 10, United
6
States Code, due to the reorganization.
7
(2) COMPLETION OF COMMISSIONING REQUIRE-
8
MENTS BY CURRENT STUDENTS.—The Secretary of
9
the Army shall ensure that any reorganization of a
10
unit of the program of the Army allows a member
11
of the program receiving financial assistance under
12
section 2107 or 2107a of title 10, United States
13
Code, who is affected by such reorganization to com-
14
plete any requirements for receiving a commission as
15
an officer in the Army without the member being re-
16
quired to transfer to another educational institution.
17
(c) DEFINITIONS.—In this section:
18
(1) The terms ‘‘program’’ and ‘‘member of the
19
program’’ have the meanings given such terms in
20
section 2101 of title 10, United States Code.
21
(2) The term ‘‘reorganize’’, with respect to a
22
unit of the program, includes closing, restructuring,
23
reclassifying, merging, or realigning.
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1
SEC. 549. ACCREDITATION OF NATIONAL GUARD MARKS-
2
3
MANSHIP TRAINING CENTER.
(a) ACCREDITATION.—The Secretary of the Army
4 may accredit the National Guard Marksmanship Training
5 Center (hereinafter, ‘‘NGMTC’’), located at Robinson Ma6 neuver Training Center, Arkansas, as a U.S. Army Train7 ing and Doctrine Command institution.
8
(b) VALIDATION.—Upon accreditation, the Secretary
9 may designate the Small Arms Weapons Expert and
10 Squad Designated Marksman programs of instruction
11 taught at NGMTC as Training Operations Management
12 Activity validated, National Guard-centric courses.
13
(c) ADDITIONAL SKILL IDENTIFIER.—The Secretary
14 may award the Master Marksman Training additional skill
15 identifier to members of the Army National Guard who
16 successfully complete both programs specified in sub17 section (b).
18
(d) BRIEFING.—Not later than April 1, 2026, the
19 Secretary shall submit to the congressional defense com20 mittees a briefing regarding—
21
(1) the determination of the Secretary whether
22
to use the authorities under subsections (a) through
23
(c);
24
(2) any progress of the Secretary in integrating
25
such programs into the Army Program Objective
26
Memorandum; and
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1
(3) the determination of the Secretary whether
2
to establish a Modified Table of Organization and
3
Equipment requirement associated with the addi-
4
tional skill identifier described in subsection (c) to
5
ensure enduring demand and sustainment.
6
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
7 tion shall be construed to transfer operational control, ad8 ministrative authority, or ownership of the facility of the
9 National Guard Marksmanship Training Center from the
10 Army National Guard to the Department of Defense, the
11 Department of the Army, or the National Guard Bureau.
12
Subtitle F—Member Education
13
SEC. 551. MODIFICATION TO MAXIMUM YEARS OF SERVICE
14
FOR ELIGIBILITY DETAIL AS A STUDENT AT A
15
LAW SCHOOL.
16
(a) MODIFICATION.—Section 2004(b)(1) of title 10,
17 United States Code, is amended—
18
19
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by
20
striking
21
(a)(1)’’ and inserting ‘‘with respect to whom
22
the Secretary of a military department is pro-
23
viding funding for educational expenses in ac-
24
cordance with subsection (a)(2)’’; and
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‘‘detailed
pursuant
to
subsection
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1
(B) in clause (ii), by striking ‘‘eight years’’
2
and inserting ‘‘10 years’’; and
3
(2) in subparagraph (B) in the matter pre-
4
ceding clause (i), by striking ‘‘detailed pursuant to
5
subsection (a)(2)’’ and inserting ‘‘with respect to
6
whom the Secretary of a military department is not
7
providing funding for educational expenses in ac-
8
cordance with subsection (a)(3)’’.
9
(b)
TECHNICAL
AMENDMENT.—Section
10 2004(b)(3)(C) of title 10, United States Code, is amend11 ed—
12
13
(1) in clause (i), by striking ‘‘subsection (a)(1)’’
and inserting ‘‘subsection (a)(2)’’; and
14
15
(2) in clause (ii), by striking ‘‘subsection
(a)(2)’’ and inserting ‘‘subsection (a)(3)’’.
16
SEC. 552. INCLUSION OF SPACE FORCE EDUCATION PRO-
17
GRAMS IN DEFINITIONS REGARDING PROFES-
18
SIONAL MILITARY EDUCATION.
19
(a) SENIOR AND INTERMEDIATE LEVEL SERVICE
20 SCHOOLS.—Section 2151(b) of title 10, United States
21 Code, is amended—
22
23
(1) in paragraph (1), by adding at the end the
following new subparagraph:
24
25
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1
2
(2) in paragraph (2), by adding at the end the
following new subparagraph:
3
‘‘(E) The Space Force Intermediate Level
4
5
6
Education Program.’’.
(b) BUDGET REQUESTS FOR PROFESSIONAL MILITARY
EDUCATION.—Section 2162(d) of such title is
7 amended by adding at the end the following new para8 graphs:
9
10
‘‘(9) The Space Force Senior Level Education
Program.
11
12
13
‘‘(10) The Space Force Intermediate Level
Education Program.’’.
SEC. 553. ASYNCHRONOUS INSTRUCTION IN DISTANCE
14
EDUCATION
15
MILITARY EDUCATION.
16
OPTION
FOR
PROFESSIONAL
Subsection (c)(1) of section 2154 of title 10, United
17 States Code, as added by section 555 of the Servicemem18 ber Quality of Life Improvement and National Defense
19 Authorization Act for Fiscal Year 2025 (Public Law 118–
20 159; 138 Stat. 1896), is amended by inserting ‘‘asyn21 chronously and’’ after ‘‘course of instruction’’.
22
SEC. 554. CENTER FOR STRATEGIC DETERRENCE AND
23
24
WEAPONS OF MASS DESTRUCTION STUDIES.
(a) ESTABLISHMENT.—Section 2165(b) of title 10,
25 United States Code, is amended, in paragraph (4), by in-
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1 serting ‘‘(including a Center for Strategic Deterrence and
2 Weapons of Mass Destruction Studies)’’ after ‘‘The Insti3 tute for National Strategic Studies’’.
4
(b) MISSION.—The mission of the Center for Stra-
5 tegic Deterrence and Weapons of Mass Destruction Stud6 ies established under such paragraph shall be to—
7
(1) prepare national security leaders to address
8
the challenges of strategic deterrence and weapons
9
of mass destruction through education, research,
10
and outreach activities throughout the Federal Gov-
11
ernment;
12
(2) develop leaders with an understanding of
13
strategic deterrence and the implications of weapons
14
of mass destruction;
15
(3) in accordance with guidance provided by the
16
Chairman of the Joint Chiefs of Staff, develop and
17
provide appropriate curricula, learning outcomes,
18
and educational tools relating to strategic deterrence
19
and weapons of mass destruction for use at institu-
20
tions that provide joint professional military edu-
21
cation;
22
(4) serve as the primary institution within the
23
Department of Defense for the study of strategic de-
24
terrence and weapons of mass destruction education
25
in joint professional military education;
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1
2
(5) design, develop, and implement studies and
analyses to enhance understanding of—
3
(A) strategic deterrence;
4
(B) the threat of weapons of mass destruc-
5
tion to the security of the United States and
6
globally; and
7
(C) responses to prevent, mitigate, or
8
eliminate the threat in accordance with Depart-
9
ment and national security policies and strate-
10
gies; and
11
(6) provide expert support on strategic deter-
12
rence and weapons of mass destruction issues to the
13
Secretary of Defense and other Federal Government
14
leaders.
15
16
SEC. 555. MILITARY SERVICE ACADEMY NOMINATIONS.
(a) UNITED STATES MILITARY ACADEMY.—Section
17 7442(a) of title 10, United States Code, is amended by
18 striking ‘‘9 ranked or unranked alternates’’ and inserting
19 ‘‘up to 14 ranked or unranked alternates’’.
20
(b) UNITED STATES NAVAL ACADEMY.—Section
21 8454 of title 10, United States Code, is amended—
22
(1) in the section heading, by striking ‘‘num-
23
ber’’ and inserting ‘‘appointment; numbers,
24
territorial distribution’’; and
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1
(2) in subsection (a), by striking ‘‘9 ranked or
2
unranked alternates’’ and inserting ‘‘up to 14
3
ranked or unranked alternates’’.
4
(c) UNITED STATES AIR FORCE ACADEMY.—Section
5 9442(a) of title 10, United States Code, is amended by
6 striking ‘‘9 ranked or unranked alternates’’ and inserting
7 ‘‘up to 14 ranked or unranked alternates’’.
8
SEC. 556. MODIFICATIONS TO ALTERNATIVE OBLIGATION
9
FOR CADETS AND MIDSHIPMEN.
10
(a) UNITED STATES MILITARY ACADEMY.—Section
11 7448(b)(4) of title 10, United States Code, is amended
12 in the matter preceding subparagraph (A) by striking
13 ‘‘three’’ and inserting ‘‘five’’.
14
(b) UNITED STATES NAVAL ACADEMY.—Section
15 8459(b)(4) of title 10, United States Code, is amended
16 in the matter preceding subparagraph (A) by striking
17 ‘‘three’’ and inserting ‘‘five’’.
18
(c) UNITED STATES AIR FORCE ACADEMY.—Section
19 9448(b)(4) of title 10, United States Code, is amended
20 in the matter preceding subparagraph (A) by striking
21 ‘‘three’’ and inserting ‘‘five’’.
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1
SEC. 557. MODIFICATION TO THE DESIGNATION OF MEM-
2
BERS OF THE HOUSE OF REPRESENTATIVES
3
TO THE BOARDS OF VISITORS OF SERVICE
4
ACADEMIES.
5
(a) UNITED STATES MILITARY ACADEMY.—Section
6 7455(a)(8) of title 10, United States Code, is amended
7 by striking ‘‘one other member’’ and inserting ‘‘two other
8 members’’.
9
(b) UNITED STATES NAVAL ACADEMY.—Section
10 8468(a)(8) of title 10, United States Code, is amended
11 by striking ‘‘one other member’’ and inserting ‘‘two other
12 members’’.
13
(c) UNITED STATES AIR FORCE ACADEMY.—Section
14 9455(a)(8) of title 10, United States Code, is amended
15 by striking ‘‘one other member’’ and inserting ‘‘two other
16 members’’.
17
SEC. 558. DIRECTOR OF ADMISSIONS OF THE UNITED
18
19
STATES NAVAL ACADEMY.
(a) IN GENERAL.—Chapter 853 of title 10, United
20 States Code, is amended by inserting after section 8451a
21 the following new section:
22 ‘‘§ 8451b. Director of admissions
23
‘‘(a) ESTABLISHMENT AND APPOINTMENT.—There is
24 a director of admissions of the Naval Academy. The direc25 tor of admissions shall be appointed by the President, by
26 and with the advice and consent of the Senate, and shall
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1 perform such duties as the Superintendent of the Naval
2 Academy may prescribe with the approval of the Secretary
3 of the Navy.
4
‘‘(b) GRADE.—(1) Subject to paragraph (2), a person
5 appointed as director of admissions of the Naval Academy
6 has the regular grade of commander in the Navy or lieu7 tenant colonel in the Marine Corps.
8
‘‘(2) A person serving as director of admissions shall
9 have the regular grade of captain in the Navy or colonel
10 in the Marine Corps upon the earlier of—
11
‘‘(A) the date on which such person completes
12
six years of service as the director of admissions;
13
and
14
‘‘(B) the date on which such person would have
15
been promoted had the person been selected for pro-
16
motion from among officers in the promotion zone.
17
‘‘(c) DETAIL.—The President may detail any officer
18 of the Navy or the Marine Corps in a grade above lieuten19 ant or captain, respectively, to perform the duties of direc20 tor of admissions without appointing the officer as director
21 of admissions. Such a detail does not affect the position
22 of the officer on the active-duty list.’’.
23
(b) CONTINUATION OF SERVICE OF CURRENT DIREC-
24
TOR OF ADMISSIONS.—Notwithstanding subsection (a) of
25 section 8451b of title 10, United States Code, as added
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1 by subsection (a) of this section, the person serving as the
2 director of admissions of the Naval Academy on the date
3 of the enactment of this Act—
4
5
(1) may serve as the director of admissions of
the Naval Academy until the date on which—
6
(A) a director of admissions is appointed
7
by the President, by and with the advice and
8
consent of the Senate, in accordance with sub-
9
section (a) of such section 8451b; or
10
(B) the President details an officer to per-
11
form the duties of the director of admissions in
12
accordance with subsection (c) of such section
13
8451b; and
14
(2) has the regular grade described in sub-
15
section (b) of such section 8451b.
16
SEC. 559. DETAIL OF MEMBERS OF THE SPACE FORCE AS
17
INSTRUCTORS AT AIR FORCE INSTITUTE OF
18
TECHNOLOGY.
19
(a) IN GENERAL.—Section 9414 of title 10, United
20 States Code, is amended—
21
22
(1) by striking the heading and inserting the
following new heading:
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1 ‘‘§ 9414. United States Air Force Institute of Tech2
nology: degree granting authority; fac-
3
ulty, reimbursement and tuition; accept-
4
ance of research grants’’;
5
6
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
7
(3) by inserting after subsection (d) the fol-
8
lowing new subsection:
9
‘‘(e) SPACE FORCE FACULTY.—(1) The Secretary
10 shall detail members of the Space Force as instructors at
11 the United States Air Force Institute of Technology to
12 provide instruction in areas that support the mission of
13 the Space Force.
14
‘‘(2) The number of members of the Space Force de-
15 tailed by the Secretary to the United States Air Force In16 stitute of Technology as instructors during an academic
17 year shall be equal to or greater than the product of—
18
‘‘(A) the total number of members of the Space
19
Force divided by the total number of members of the
20
Space Force and the Air Force; and
21
‘‘(B) the total number of instructors at the
22
United States Air Force Institute of Technology.’’.
23
(b) REPORT.—Not later than two years after the date
24 of the enactment of this Act, the Secretary of the Air
25 Force shall submit to the congressional defense commit26 tees a report on the implementation of subsection (e) of
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1 section 9414 of title 10, United States Code, as added by
2 subsection (a) of this section, including—
3
(1) an identification of the number, academic
4
specialties, and courses of instruction of the mem-
5
bers of the Space Force detailed as instructors at
6
the United States Air Force Institute of Technology;
7
and
8
9
(2) an assessment of the contributions of those
instructors to Space Force objectives.
10
SEC. 559A. PROHIBITION ON PARTICIPATION OF MALES IN
11
ATHLETIC PROGRAMS OR ACTIVITIES AT THE
12
MILITARY SERVICE ACADEMIES THAT ARE
13
DESIGNATED FOR WOMEN OR GIRLS.
14
(a) IN GENERAL.—The Secretary of Defense shall
15 ensure that the United States Military Academy, the
16 United States Naval Academy, and the United States Air
17 Force Academy do not permit a person enrolled at such
18 an Academy whose sex is male to participate in an athletic
19 program or activity that is designated for women or girls.
20
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
21 tion shall be construed to prohibit the United States Mili22 tary Academy, the United States Naval Academy, or the
23 United States Air Force Academy from permitting males
24 to train or practice with an athletic program or activity
25 that is designated for women or girls so long as no female
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1 is deprived of a roster spot on a team or sport, opportunity
2 to participate in a practice or competition, scholarship, ad3 mission to an educational institution, or any other benefit
4 that accompanies participating in the athletic program or
5 activity.
6
(c) DEFINITIONS.—In this section—
7
(1) the term ‘‘athletic programs and activities’’
8
includes all programs or activities that are provided
9
conditional upon participation with any athletic
10
team; and
11
12
13
14
(2) the term ‘‘sex’’ means a person’s reproductive biology and genetics at birth.
SEC. 559B. ORGANIZATION OF ARMY WAR COLLEGE.
The Secretary of the Army shall—
15
16
(1) incorporate the Army War College into the
Army University; and
17
18
19
20
21
22
(2) direct the head of the Army War College to
report to the head of the Army University.
Subtitle G—Military Justice and
Other Legal Matters
SEC. 561. QUALIFICATIONS FOR JUDGE ADVOCATES.
(a) IN GENERAL.—Section 806 of title 10, United
23 States Code (article 6 of the Uniform Code of Military
24 Justice) is amended—
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1
2
(1) by redesignating subsections (a) through (d)
as subsections (b) through (e), respectively; and
3
(2) by inserting before subsection (b), as redes-
4
ignated by paragraph (1), the following new sub-
5
section:
6
‘‘(a)(1) A member of the armed forces may only serve
7 as a judge advocate if such member—
8
‘‘(A) is admitted to the practice of law before
9
the highest court of a State, territory, common-
10
wealth, or the District of Columbia;
11
‘‘(B) maintains a license status that provides
12
current eligibility to actively practice law before such
13
court;
14
‘‘(C) is subject to the disciplinary review proc-
15
ess of the jurisdiction in which such member main-
16
tains such a license status; and
17
‘‘(D) is in compliance with any other require-
18
ments of such jurisdiction to remain eligible to prac-
19
tice law in such jurisdiction.
20
‘‘(2) The Judge Advocates General of the Army,
21 Navy, Air Force, and Coast Guard and the Staff Judge
22 Advocate to the Commandant of the Marine Corps may
23 suspend the authority of a judge advocate of the Army,
24 Navy, Air Force, Coast Guard, or Marine Corps, respec25 tively, to perform legal duties if such judge advocate be-
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1 comes noncompliant with the requirements of paragraph
2 (1). A member of the armed forces who is suspended or
3 disbarred from the practice of law within a jurisdiction
4 may not perform legal duties.’’.
5
(b) CONFORMING AMENDMENTS.—
6
(1) TRIAL COUNSEL AND DEFENSE COUNSEL.—
7
Section 827(b)(1) of title 10, United States Code
8
(article 27(b) of the Uniform Code of Military Jus-
9
tice), is amended to read as follows:
10
‘‘(1) must be a judge advocate who is qualified
11
under section 806(a)(1) of this title (article 6(a)(1));
12
and’’.
13
(2)
SPECIAL
TRIAL
COUNSEL.—Section
14
824a(b)(1)(A) of title 10, United States Code (arti-
15
cle 24a(b)(1) of the Uniform Code of Military Jus-
16
tice) is amended to read as follows:
17
‘‘(A) is a judge advocate who is qualified under
18
section 806(a)(1) of this title (article 6(a)(1)); and’’.
19
SEC. 562. ENSURING THE AVAILABILITY OF LEGAL ADVICE
20
21
TO COMMANDERS.
Section 806(b) of title 10, United States Code (article
22 6(b) of the Uniform Code of Military Justice), as redesig23 nated by section 561(a)(1) of this title, is amended—
24
25
(1) by striking ‘‘The assignment’’ and inserting
‘‘(1) The assignment’’; and
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1
(2) by adding at the end the following new
2
paragraph:
3
‘‘(2) The assignment for duty of judge advocates pur-
4 suant to this subsection shall include qualified judge advo5 cates in numbers sufficient to provide legal advice to all
6 commanders responsible for planning and organizing mili7 tary operations (including commanders of and within com8 mands assigned to a combatant command or the United
9 States element of the North American Aerospace Defense
10 Command as established pursuant to sections 161 and
11 162 of this title) and all commanders authorized to con12 vene courts-martial under sections 822 through 824 of
13 this title (articles 22 through 24). The qualifications of
14 judge advocates assigned to provide legal advice to com15 manders under this paragraph shall include—
16
17
‘‘(A) the qualifications set forth in subsection
(a)(1); and
18
‘‘(B) any additional education, expertise, or ex-
19
perience determined to be necessary to fulfill the re-
20
quirements of this paragraph by the Judge Advocate
21
General of the armed force concerned, or in the case
22
of the Marine Corps, by the Staff Judge Advocate
23
to the Commandant of the Marine Corps.’’.
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1
SEC. 563. ANALYSIS OF POTENTIAL MODIFICATIONS TO
2
THE OFFENSE OF WRONGFUL BROADCAST
3
OR DISTRIBUTION OF INTIMATE VISUAL IM-
4
AGES UNDER THE UNIFORM CODE OF MILI-
5
TARY JUSTICE.
6
Section 569F of the National Defense Authorization
7 Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
8 1908) is amended—
9
(1) in subsection (a)—
10
(A) in the matter preceding paragraph (1),
11
by inserting ‘‘, in coordination with the Joint
12
Service Committee on Military Justice,’’ after
13
‘‘Secretary of Defense’’;
14
(B) in paragraph (1), by striking ‘‘and’’ at
15
the end;
16
(C) by redesignating paragraph (2) as
17
paragraph (3);
18
(D) by inserting after paragraph (1) the
19
following new paragraph:
20
‘‘(2) analyze the feasibility and advisability of,
21
and potential approaches to, modifying the offense
22
of wrongful broadcast or distribution of intimate vis-
23
ual images under section 917a of title 10, United
24
States Code (article 117a of the Uniform Code of
25
Military Justice)—
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1
‘‘(A) to clarify its applicability to the non-
2
consensual distribution of digital forgeries
3
(commonly known as ‘deepfakes’); and
4
‘‘(B) to include such other changes as are
5
indicated in the amendment proposed by section
6
552 of the H.R. 3838, as engrossed in the
7
House of Representatives on September 10,
8
2025; and’’; and
9
(E) in paragraph (3), as so redesignated,
10
by striking ‘‘provide the results of such analysis
11
to the Committees’’ and inserting ‘‘not later
12
than December 31, 2026, submit a report on
13
the results of the analyses required under para-
14
graphs (1) and (2) to the Committees’’; and
15
(2) in subsection (b)—
16
(A) in paragraph (1)(B)(ii), by striking
17
‘‘and’’ at the end;
18
(B) in paragraph (2), by striking the pe-
19
riod at the end and inserting ‘‘; and’’; and
20
(C) by adding at the end the following new
21
paragraph:
22
‘‘(3) the advisability of modifying section 917a
23
of title 10, United States Code (article 117a of the
24
Uniform Code of Military Justice) in the manner de-
25
scribed in subsection (a)(2) and such other ap-
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1
proaches to the modification of such section (article)
2
as the Secretary considers appropriate.’’.
3
SEC. 564. REVISION TO SEXUAL ASSAULT PREVENTION AND
4
RESPONSE TRAINING GUIDANCE.
5
(a) REVISION REQUIREMENT.—Not later than 180
6 days after the date of the enactment of this Act, the Under
7 Secretary of Defense for Personnel and Readiness, in co8 ordination with the Director of the Sexual Assault Preven9 tion and Response Office of the Department of Defense,
10 shall revise sexual assault prevention and response train11 ing guidance to require that information on the resources
12 of the Department of Veterans Affairs to address experi13 ences with unwanted sexual behavior be included in the
14 annual or periodic sexual assault prevention and response
15 training that is administered to all members of the Armed
16 Forces.
17
(b) DEFINITIONS.—In this section:
18
(1) The term ‘‘unwanted sexual behavior’’
19
means any sexual contact or sexual interaction to
20
which an individual does not or could not freely con-
21
sent, including harassment, coercion, assault, or
22
abuse.
23
(2) The term ‘‘sexual assault prevention and re-
24
sponse training’’ means any training, instruction, or
25
education provided pursuant to Department of De-
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1
fense Instruction 6495.02, Volume 2, or any suc-
2
cessor guidance.
3
SEC. 565. NOTIFICATION OF MILITARY SEX OFFENDERS AT
4
5
MILITARY INSTALLATIONS.
(a) IN GENERAL.—Not later than one year after the
6 date of the enactment of this Act, the Secretary of Defense
7 shall establish and implement a policy to ensure that reg8 istered sex offenders who reside or work on military instal9 lations are identified to the respective military community,
10 including, as necessary, through agreements with State
11 and local law enforcement agencies.
12
(b) REPORT ON DESIGNATION OF DEPARTMENT OF
13 DEFENSE AS JURISDICTION UNDER SORNA.—Not later
14 than one year after the date of the enactment of this Act,
15 the Secretary of Defense shall submit to the Committees
16 on Armed Services of the Senate and the House of Rep17 resentatives a report assessing the advisability and desir18 ability of designating the Department of Defense as a ju19 risdiction for purposes of notification requirements under
20 the Sex Offender Registration and Notification Act (title
21 I of Public Law 109–248; 34 U.S.C. 20901 et seq.).
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1
SEC. 566. ANALYSIS OF THE ADVISABILITY OF MODIFYING
2
THE DEFINITION OF ABUSIVE SEXUAL CON-
3
TACT UNDER THE UNIFORM CODE OF MILI-
4
TARY JUSTICE.
5
(a) ANALYSIS REQUIRED.—The Secretary of De-
6 fense, in coordination with the Joint Service Committee
7 on Military Justice, shall analyze the advisability of modi8 fying the definition of abusive sexual contact under section
9 920 of title 10, United States Code (article 120 of the
10 Uniform Code of Military Justice), to address the full
11 range of harmful behaviors associated with sexual assault
12 and to prevent misapplication of the offense to acts that
13 are not inherently abusive.
14
(b) REPORT.—Not later than 180 days after the date
15 of the enactment of this Act, the Secretary of Defense
16 shall submit to the Committees on Armed Services of the
17 Senate and the House of Representatives a report detail18 ing the results of the analysis under subsection (a) and
19 any associated recommendations.
20
SEC. 567. ANALYSIS OF THE ADVISABILITY OF ESTAB-
21
LISHING A PUNITIVE ARTICLE FOR CHILD
22
PORNOGRAPHY-RELATED OFFENSES UNDER
23
THE UNIFORM CODE OF MILITARY JUSTICE.
24
(a) ANALYSIS REQUIRED.—The Secretary of De-
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1 ability of establishing a dedicated punitive article under
2 the Uniform Code of Military Justice to address offenses
3 relating to child pornography.
4
(b) REPORT.—Not later than December 31, 2026,
5 the Secretary of Defense shall submit to the Committees
6 on Armed Services of the Senate and the House of Rep7 resentatives a report detailing the results of the analysis
8 under subsection (a) and any associated recommendations.
9
Subtitle H—Career Transition
10
SEC. 571. TRANSITION ASSISTANCE PROGRAM: AMEND-
11
MENTS; PILOT PROGRAM; REPORTS.
12
(a) PROVISION OF PRESEPARATION COUNSELING:
13 IN-PERSON TO THE EXTENT PRACTICABLE.—Subsection
14 (a) of section 1142 of title 10, United States Code, is
15 amended, in paragraph (2)—
16
17
(1) by inserting ‘‘(A)’’ before ‘‘In carrying’’;
and
18
(2) by adding at the end the following new sub-
19
paragraph:
20
‘‘(B) Preseparation counseling may be provided in
21 person to the extent practicable. If the Secretary con22 cerned determines that it is infeasible for a member to
23 attend such counseling in person, such member may re24 ceive such counseling remotely, with online access to mod25 ules and reading materials.’’.
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1
(b) TRACKING OF TIMELINESS.—Such subsection is
2 further amended, in paragraph (3), by adding at the end
3 the following new subparagraph:
4
‘‘(C) The Secretary of Defense may implement a sys-
5 tem to track how many, and what percentage of, members
6 begin to receive preseparation counseling within time peri7 ods specified in this paragraph.’’.
8
(c) WAIVER FOR CERTAIN MEMBERS OF THE RE-
9
SERVE COMPONENTS.—Such subsection is further amend-
10 ed, in paragraph (4), by adding at the end the following
11 new subparagraph:
12
‘‘(D) The Secretary concerned may waive the require-
13 ment for preseparation counseling under paragraph (1) in
14 the case of a member of the reserve components if—
15
‘‘(i) the member requests such a waiver;
16
‘‘(ii) the member received preseparation coun-
17
seling during the period of three years preceding the
18
date of such request; and
19
‘‘(iii) matters covered by such counseling, speci-
20
fied in subsection (b), have not changed since the
21
member last received such counseling.’’.
22
(d) MINIMUM AMOUNT OF COUNSELING REGARDING
23 FINANCIAL PLANNING.—Such subsection is further
24 amended, in paragraph (9)—
25
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1
2
(2) by inserting ‘‘and debt management,’’ after
‘‘loans’’; and
3
4
(3) by adding at the end the following new subparagraph:
5
‘‘(B) Individualized assistance regarding mat-
6
ters described in subparagraph (A).’’.
7
(e) WEBSITE OF THE DEPARTMENT OF VETERANS
8 AFFAIRS REGARDING PROGRAMS FOR NEW VETERANS.—
9 Section 523 of title 38, United States Code, is amended
10 by adding at the end the following new subsection:
11
‘‘(c) The Secretary shall maintain a publicly available
12 website of the Department through which a veteran or de13 pendent of a veteran may search by ZIP code for pro14 grams for—
15
16
‘‘(1) veterans who recently separated from active military, naval, air, or space service; or
17
‘‘(2) dependents of veterans described in para-
18
graph (1).’’.
19
(f) PILOT PROGRAM FOR MILITARY SPOUSES.—
20
(1) AUTHORITY.—Not later than one year after
21
the date of the enactment of this Act, the Secretary
22
of Defense may establish a pilot program for spouses
23
of members of the covered Armed Forces who are el-
24
igible to receive preseparation counseling under
25
TAP.
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1
2
(2) VOLUNTARY BASIS.—Participation in such a
pilot program shall be on a voluntary basis.
3
(3) CURRICULUM.—The Secretary of Defense,
4
in coordination with the Secretary of Veterans Af-
5
fairs and the Secretary of Labor, shall establish a
6
curriculum based on TAP for such a pilot program.
7
The Secretary of Defense shall notify the Commit-
8
tees on Armed Services of the Senate and House of
9
Representatives and the Committees on Veterans’
10
Affairs of the Senate and House of Representatives
11
of such establishment
12
13
(4) COUNSELING.—Counseling under such a
pilot program shall—
14
15
(A) be tailored to the military spouse and
family;
16
(B) be offered at least once per calendar
17
quarter at each location selected under para-
18
graph (5);
19
(C) be scheduled and delivered in a man-
20
ner that maximizes accessibility for military
21
spouses, including through flexible or alter-
22
native scheduling options; and
23
(D) include at least one hour regarding
24
benefits and assistance available to military
25
families and veterans from each department
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1
under the jurisdiction of the Secretaries speci-
2
fied in paragraph (3).
3
(5) LOCATIONS.—The Secretary of Defense
4
shall carry out such a pilot program at not more
5
than five military installations. At least one such lo-
6
cation shall be located outside the continental United
7
States.
8
(6) REPORT.—During the term of pilot pro-
9
gram, the Secretary of Defense shall submit to the
10
Committees on Armed Services and on Veterans’ Af-
11
fairs of the Senate and House of Representatives an
12
annual report regarding the pilot program. Such re-
13
port shall include elements the Secretary determines
14
appropriate, including the recommendation of the
15
Secretary whether the pilot program should be made
16
permanent or expanded.
17
(7) TERMINATION.—Such a pilot program shall
18
terminate three years after the Secretary of Defense
19
establishes the pilot program.
20
(8) DEFINITIONS.—In this subsection:
21
(A) The term ‘‘covered Armed Force’’
22
means the Army, Navy, Marine Corps, Air
23
Force, or Space Force.
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1
(B) The term ‘‘TAP’’ means the Transi-
2
tion Assistance Program under sections 1142
3
and 1144 of title 10, United States Code.
4
(g) ANNUAL REPORT ON TAP PARTICIPATION.—Not
5 later than one year after the date of the enactment of this
6 Act, and annually thereafter for three years, the Secretary
7 of Defense shall submit to the Committees on Armed Serv8 ices and on Veterans’ Affairs of the Senate and House
9 of Representatives a report on the Transition Assistance
10 Program at five military installations, of various sizes, in11 cluding at least one location outside the continental
12 United States, where at least 250 members per year re13 ceive preseparation counseling under section 1142 of title
14 10, United States Code. Such report shall include the fol15 lowing elements with regards to the year preceding the
16 date of such report, disaggregated by military installation:
17
(1) The number of members who have not ac-
18
cepted an offer of full-time employment or have not
19
enrolled in a program of education or vocational
20
training, who received fewer than five days of
21
preseparation counseling under such section.
22
(2) The average period of time between when a
23
member begins to receive preseparation counseling
24
and the day the member separates, retires, or is dis-
25
charged.
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1
(3) The number of members who began but did
2
not complete preseparation counseling, and, to the
3
extent practicable, the reason for non-completion.
4
5
6
(4) The number of members assigned to each
pathway under subsection (c) of such section.
SEC. 572. AMENDMENTS TO PATHWAYS FOR COUNSELING
7
IN TRANSITION ASSISTANCE PROGRAM.
8
Section 1142(c)(1) of title 10, United States Code,
9 is amended—
10
11
(1) by redesignating subparagraph (M) as subparagraph (R); and
12
13
(2) by inserting after subparagraph (L) the following:
14
‘‘(M) Child care requirements of the member
15
(including whether a dependent of the member is en-
16
rolled in the Exceptional Family Member Program).
17
‘‘(N) The employment status of other adults in
18
the household of the member.
19
‘‘(O) The location of the duty station of the
20
member (including whether the member was sepa-
21
rated from family while on duty).
22
‘‘(P) The effects of operating tempo and per-
23
sonnel tempo on the member and the household of
24
the member.’’.
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1
SEC. 573. IMPROVEMENTS TO INFORMATION-SHARING TO
2
SUPPORT INDIVIDUALS RETIRING OR SEPA-
3
RATING FROM THE ARMED FORCES.
4
(a) OPT-OUT SHARING.—Section 570F of the Na-
5 tional Defense Authorization Act for Fiscal Year 2020
6 (Public Law 116–92; 10 U.S.C. 1142 note) is amended—
7
(1) in subsection (c)—
8
(A) by striking ‘‘out the form to indicate
9
an email address’’ and inserting the following:
10
‘‘out the form to indicate—
11
‘‘(1) an email address’’;
12
(B) in paragraph (1), as designated by
13
subparagraph (A), by striking the period at the
14
end and inserting ‘‘; and’’;
15
(C) by adding at the end the following new
16
paragraph:
17
‘‘(2) if the individual would like to opt-out of
18
the transmittal of the individual’s information to
19
and through a State veterans agency as described in
20
subsection (a).’’; and
21
(2) by amending subsection (d) to read as fol-
22
lows:
23
‘‘(d) OPT-OUT OF INFORMATION SHARING.—Infor-
24 mation on an individual shall be transmitted to and
25 through a State veterans agency as described in subsection
26 (a) unless the individual indicates pursuant to subsection
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1 (c)(2) that the individual would like to opt out of such
2 transmittal.’’.
3
(b) STORAGE AND TRANSFER OF INFORMATION.—
4 Such section is further amended by adding at the end the
5 following new subsection:
6
‘‘(e) STORAGE AND TRANSFER OF INFORMATION.—
7
‘‘(1) IN GENERAL.—The Secretary of Defense
8
shall seek to enter into memoranda of understanding
9
or other agreements with the State veterans agencies
10
described in subsection (a) to create or modify a De-
11
partment system to store and transfer information
12
under this section to information systems of such
13
State veterans agencies.
14
‘‘(2) COMPLIANCE.—The Secretary shall ensure
15
that any agreement entered into under paragraph
16
(1) is in compliance with—
17
‘‘(A) applicable provisions of law relating
18
to privacy and personally identifiable informa-
19
tion; and
20
‘‘(B) applicable policies relating to cyberse-
21
curity of Department information systems and
22
State information systems.’’.
23
(c) LIMITATION ON USE OF INFORMATION.—Such
24 section is further amended by adding at the end the fol25 lowing new subsection:
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1
‘‘(f) LIMITATION ON USE OF INFORMATION.—Infor-
2 mation transferred under this section may only be used
3 by a State for the purpose of providing or connecting vet4 erans to benefits or services as described in subsection
5 (a).’’.
Subtitle I—Family Programs, Child
7
Care, and Dependent Education
6
8
SEC. 581. NOTIFICATION OF SUSPECTED CHILD ABUSE
9
THAT OCCURS AT A MILITARY CHILD DEVEL-
10
OPMENT CENTER.
11
Section 1794 of title 10, United States Code, is
12 amended by adding at the end the following new sub13 section:
14
‘‘(g) NOTIFICATION OF SUSPECTED CHILD ABUSE.—
15 (1) The Secretary of Defense shall prescribe regulations
16 that require the director of a military child development
17 center to notify a parent or guardian of a child who is
18 the suspected victim of a covered incident not later than
19 24 hours after a child care employee at such military child
20 development center learns of such covered incident.
21
‘‘(2) The requirement under paragraph (1) shall not
22 apply if notification under such paragraph threatens the
23 integrity of a law enforcement investigation of such cov24 ered incident.
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1
‘‘(3) In this subsection, the term ‘covered incident’
2 means alleged or suspected abuse or neglect of a child that
3 occurs at a military child development center.’’.
4
SEC. 582. ENROLLMENT OF CHILDREN OF CERTAIN AMER-
5
ICAN RED CROSS EMPLOYEES IN SCHOOLS
6
OPERATED BY THE DEPARTMENT OF DE-
7
FENSE EDUCATION ACTIVITY.
8
(a) OVERSEAS SCHOOLS.—Section 1404(d)(1) of the
9 Defense Dependents’ Education Act of 1978 (20 U.S.C.
10 923(d)(1)) is amended by adding at the end the following
11 new subparagraph:
12
13
‘‘(D) Children of employees of the American
Red Cross who—
14
‘‘(i) are performing, on a full-time basis,
15
services for the Armed Forces, including emer-
16
gency services; and
17
‘‘(ii) reside in an overseas area supported
18
by a school of the defense dependents’ edu-
19
cation system.’’.
20
(b) CERTAIN DOMESTIC SCHOOLS.—Section 2164(i)
21 of title 10, United States Code, is amended—
22
(1) in the subsection heading, by striking ‘‘IN
23
PUERTO RICO’’ and inserting ‘‘IN CERTAIN AREAS’’;
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1
(2) in paragraph (1), by striking ‘‘in Puerto
2
Rico’’ and inserting ‘‘in a territory, commonwealth,
3
or possession of the United States’’; and
4
(3) in paragraph (2)(A), by striking ‘‘resides in
5
Puerto Rico’’ and inserting ‘‘resides in a territory,
6
commonwealth, or possession of the United States
7
where a program referred to in paragraph (1) is pro-
8
vided’’.
9
SEC. 583. ENSURING ACCESS TO DODEA SCHOOLS FOR CER-
10
TAIN MEMBERS OF THE RESERVE COMPO-
11
NENTS.
12
Section 2164 of title 10, United States Code, is
13 amended by adding at the end the following new sub14 section:
15
‘‘(n) ELIGIBILITY OF DEPENDENTS OF CERTAIN
16 MEMBERS OF THE RESERVE COMPONENTS.—(1) A de17 pendent of a member described in paragraph (2) shall be
18 eligible to attend a school established under this section
19 at the military installation that is the permanent station
20 of such member and such dependent shall automatically
21 be granted enrollment at such school at the request of
22 such member if there is sufficient space in the school to
23 accommodate the dependent. In the event there is not suf24 ficient space available at such school at the time the de-
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1 pendent seeks to enroll, the dependent shall be placed on
2 a wait-list for enrollment in the school.
3
‘‘(2) A member described in this paragraph is a mem-
4 ber of a reserve component performing active service pur5 suant to an order for accompanied permanent change of
6 station.’’.
7
SEC. 584. AUTHORIZATION OF DUAL OR CONCURRENT EN-
8
ROLLMENT PROGRAMS FOR STUDENTS OF
9
DEFENSE DEPENDENT SCHOOLS.
10
Chapter 108 of title 10, United States Code, is
11 amended by inserting after section 2164b the following
12 new section:
13 ‘‘§ 2164c. Authorization of dual or concurrent enroll14
ment programs for students of Defense
15
Dependent Schools
16
‘‘(a) IN GENERAL.—The Secretary of Defense, acting
17 through the Director of the Department of Defense Edu18 cation Activity, may—
19
‘‘(1) enter into arrangements with institutions
20
of higher education to provide students of Defense
21
Dependent Schools with access to postsecondary
22
course credit through dual or concurrent enrollment
23
programs; and
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1
‘‘(2) subject to subsection (b), provide financial
2
assistance to students to cover the costs associated
3
with such programs.
4
‘‘(b) AMOUNT OF ASSISTANCE.—The amount of fi-
5 nancial assistance provided to an individual student under
6 subsection (a)(2) may not exceed $1,500 per school year.
7
‘‘(c) CREDIT TRANSFERABILITY.—The Secretary of
8 Defense shall, to the greatest extent practicable, ensure
9 that the Department of Defense Education Activity, in fa10 cilitating dual or concurrent enrollment programs with in11 stitutions of higher education under this section—
12
‘‘(1) establishes articulation or credit transfer
13
agreements that promote the transferability of aca-
14
demic credits earned by participating students; and
15
‘‘(2) prioritizes agreements with institutions
16
that offer broad acceptance of such credits across
17
degree programs.
18
‘‘(d) INSTITUTIONAL INTEGRITY.—In entering into
19 contracts or other agreements with institutions of higher
20 education for purposes of dual or concurrent enrollment
21 programs under this section, the Secretary of Defense
22 shall ensure that such institutions have a program partici23 pation agreement in effect under section 487 of the High24 er Education Act of 1965 (20 U.S.C. 1094) and are not
25 provisionally or temporarily certified.
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1
‘‘(e) PREPARATION AND INFORMING FAMILIES AND
2 EDUCATORS.—In implementing dual or concurrent enroll3 ment programs under this section, the Secretary of De4 fense, acting through the Director of the Department of
5 Defense Education Activity, shall do the following:
6
‘‘(1) COURSE SEQUENCE ALIGNMENT.—Design
7
a sequence of courses for such programs to match
8
the academic content standards and level of rigor of
9
the corresponding postsecondary courses, in con-
10
sultation and collaboration with—
11
‘‘(A) educators from Defense Dependent
12
Schools serving the military-connected commu-
13
nity;
14
‘‘(B) faculty members from institutions of
15
higher education offering dual or concurrent en-
16
rollment programs; and
17
‘‘(C) the school advisory committee (or the
18
equivalent advisory body) of each Defense De-
19
pendent School.
20
‘‘(2) OUTREACH AND INFORMATION DISSEMINA-
21
TION.—Establish
22
targeted toward elementary and secondary school
23
students, particularly those in the middle grades and
24
their families, educators, school counselors, and
25
principals, to provide—
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1
‘‘(A) general information regarding the
2
availability and benefits of dual or concurrent
3
enrollment programs;
4
‘‘(B) guidance on eligibility requirements,
5
academic expectations, and necessary pre-
6
paratory coursework for such programs; and
7
‘‘(C) resources to support informed deci-
8
sionmaking and successful student participation
9
in such programs.
10
‘‘(f) TEACHER CERTIFICATION.—The Secretary of
11 Defense shall ensure that all dual or concurrent enroll12 ment courses facilitated by the Department of Defense
13 Education Activity are taught by—
14
‘‘(1) a postsecondary faculty member who—
15
‘‘(A) is employed by a two-year or four-
16
year institution of higher education (which may
17
include a community college); and
18
‘‘(B) meets the applicable postsecondary
19
accreditation standards for instructional staff;
20
or
21
‘‘(2) a classroom teacher employed by a local
22
educational agency or by the Department of Defense
23
Education Activity, who—
24
25
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with applicable law; and
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1
‘‘(B) has received training or certification
2
to deliver the dual or concurrent enrollment
3
course curriculum in alignment with the stand-
4
ards of the partnering institution of higher edu-
5
cation.
6
‘‘(g) ADDITIONAL REQUIREMENTS.—In carrying out
7 this section, the Secretary of Defense shall consult with
8 the School Advisory Committees (or the equivalent advi9 sory bodies) and Parent Teacher Associations of partici10 pating Defense Dependent Schools.
11
‘‘(h) ANNUAL BRIEFINGS.—
12
‘‘(1) IN GENERAL.—Not later than one year
13
after the date of the enactment of this section, and
14
annually thereafter for four years, the Secretary of
15
Defense shall provide to the appropriate congres-
16
sional committees a briefing on the status of the
17
dual and concurrent enrollment programs authorized
18
under this section.
19
‘‘(2) ELEMENTS.—Each briefing under para-
20
graph (1) shall include, with respect to the period
21
covered by the briefing—
22
‘‘(A) the number of students who partici-
23
pated in dual or concurrent enrollment pro-
24
grams authorized under this section;
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1
‘‘(B) the total cost to the Department of
2
Defense of providing such programs; and
3
‘‘(C) an explanation of—
4
‘‘(i) whether and to what extent such
5
programs consisted of online classes or in-
6
person instruction; and
7
‘‘(ii) the subjects taught in postsec-
8
ondary classes taken by students partici-
9
pating in such programs.
10
‘‘(3) DISAGGREGATION.—The information re-
11
quired under paragraph (2) shall be set forth sepa-
12
rately for each region served by the Department of
13
Defense Education Activity.
14
‘‘(i) DEFINITIONS.—In this section:
15
16
‘‘(1) The term ‘appropriate congressional committees’ means—
17
‘‘(A) the Committee on Armed Services of
18
the Senate; and
19
‘‘(B) the Committee on Armed Services
20
and the Committee on Education and Work-
21
force of the House of Representatives.
22
‘‘(2) The term ‘Defense Dependent School’
23
means—
24
‘‘(A) a school operated under the Defense
25
Dependents’ Education System, as authorized
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1
under the Defense Dependents’ Education Act
2
of 1978 (20 U.S.C. 921 et seq.); or
3
‘‘(B) a Department of Defense domestic
4
dependent elementary and secondary school, as
5
authorized under section 2164 of this title.
6
‘‘(3) The term ‘dual or concurrent enrollment
7
program’ means a program offered by an arrange-
8
ment between the Department of Defense Education
9
Activity and an institution of higher education and
10
through which a student enrolled in a Defense De-
11
pendent School who has not graduated from high
12
school with a regular high school diploma is able to
13
enroll in one or more postsecondary courses and
14
earn credit that applies—
15
‘‘(A) toward completion of a postsecondary
16
degree or recognized educational credential as
17
described in the Higher Education Act of 1965
18
(20 U.S.C. 1001 et seq.); and
19
‘‘(B) toward completion of high school.
20
‘‘(4) The term ‘institution of higher education’
21
has the meaning given that term in section 102 of
22
the Higher Education Act of 1965 (20 U.S.C.
23
1002).’’.
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1
SEC. 585. RESTRICTIONS ON CERTAIN ACTIONS RELATING
2
TO DODEA SCHOOLS AND MILITARY CHILD
3
DEVELOPMENT CENTERS.
4
(a)
LIMITATION
ON
CLOSURE
OF
DODEA
5 SCHOOLS.—Chapter 108 of title 10, United States Code,
6 as amended by section 584 is further amended by insert7 ing after section 2164c the following new section:
8 ‘‘§ 2164d. Limitation on school closures and certain
9
other actions with respect to schools op-
10
erated by the Department of Defense
11
Education Activity
12
‘‘(a) LIMITATION.—The Secretary of Defense may
13 not take any action described in subsection (b) with re14 spect to a school operated by the Department of Defense
15 Education Activity unless—
16
‘‘(1) the Secretary submits to the Committees
17
on Armed Services of the Senate and the House of
18
Representatives—
19
‘‘(A) written notice of the intent of the
20
Secretary to take such action with respect to
21
such school;
22
23
‘‘(B) the report required under subsection
(c); and
24
‘‘(C) a written assurance that the Director
25
of the Department of Defense Education Activ-
26
ity has met, engaged with, and solicited feed-
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1
back from students, parents, teachers, adminis-
2
trators, military installation leadership, and the
3
local community concerning the proposed ac-
4
tion; and
5
‘‘(2) a period of one year has elapsed following
6
the date on which the requirements under paragraph
7
(1) have been met.
8
‘‘(b) ACTIONS DESCRIBED.—The actions described in
9 this subsection are the following:
10
11
‘‘(1) Closing or terminating the operations of a
school.
12
13
‘‘(2) Preparing to close or terminate the operations of a school.
14
15
‘‘(3) Reducing by 20 percent or more the number of spaces available for enrollment in a school.
16
17
‘‘(4) Significantly reducing the services provided
by a school, including—
18
‘‘(A) curriculum offerings;
19
‘‘(B) special education services; and
20
‘‘(C) extracurricular activities.
21
‘‘(5) Transferring or conveying a school to a
22
local educational agency or any other entity outside
23
the Department of Defense.
24
‘‘(c) REPORT.—Before taking any action described in
25 subsection (b), the Secretary of Defense shall prepare a
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1 report containing a justification and analysis of such ac2 tion. Such justification and analysis shall include an expla3 nation of—
4
5
‘‘(1) the monetary costs to the Department of
Defense of the action; and
6
‘‘(2) the effects of the action on—
7
‘‘(A) students;
8
‘‘(B) curriculum;
9
‘‘(C) gifted education programs;
10
‘‘(D) special education programs, including
11
individualized education programs (as defined
12
in section 614(d)(1)(A) of the Individuals with
13
Disabilities
14
1414(d)(1)(A)));
Education
Act
(20
U.S.C.
15
‘‘(E) educational and other accommoda-
16
tions provided under section 504 of the Reha-
17
bilitation Act of 1973 (29 U.S.C. 794);
18
‘‘(F) the Exceptional Family Member Pro-
19
gram; and
20
‘‘(G) local educational agencies in the area
21
22
of the affected school.
‘‘(d) LOCAL EDUCATIONAL AGENCY DEFINED.—In
23 this section, the term ‘local educational agency’ has the
24 meaning given that term in section 8101 of the Elemen-
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1 tary and Secondary Education Act of 1965 (20 U.S.C.
2 7801).’’.
3
4
(c) PROHIBITION ON TERMINATION OF CERTAIN EMPLOYEES.—None
of the funds authorized to be appro-
5 priated by this Act or otherwise made available for fiscal
6 year 2026 for the Department of Defense may be obli7 gated or expended to terminate a teacher employed in a
8 school operated by the Department of Defense Education
9 Activity or a child care employee (as defined in section
10 1800 of title 10, United States Code), regardless of wheth11 er such positions are funded by appropriated or non12 appropriated funds, unless—
13
(1) the teacher or child care employee was doc-
14
umented as not performing or engaging in mis-
15
conduct;
16
(2) in the case of a teacher employed in a
17
school operated by the Department of Defense Edu-
18
cation Activity, there was a reduction in enrollment
19
of 20 percent or more at the school at which the
20
teacher works; or
21
(3) in the case of a child care employee, there
22
was a change in staffing requirements based on en-
23
rollment.
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1
SEC. 586. EXTENSION OF PILOT PROGRAM TO PROVIDE FI-
2
NANCIAL ASSISTANCE TO MEMBERS OF THE
3
ARMED FORCES FOR IN-HOME CHILD CARE.
4
(a) EXTENSION.—Subsection (d) of section 589 of
5 the William M. (Mac) Thornberry National Defense Au6 thorization Act for Fiscal Year 2021 (10 U.S.C. 1791
7 note) is amended by striking ‘‘five years after’’ and all
8 that follows and inserting ‘‘on December 31, 2029.’’.
9
(b) FINAL REPORT.—Subsection (c)(2) of such sec-
10 tion is amended by striking ‘‘90 days after’’ and inserting
11 ‘‘one year before’’.
12
SEC. 587. MILITARY ONESOURCE: INFORMATION REGARD-
13
ING MATERNAL HEALTH CARE.
14
Section 561 of the National Defense Authorization
15 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C.
16 1781 note) is amended, in subsection (b)—
17
(1) by redesignating paragraphs (4) through
18
(17) as paragraphs (5) through (18), respectively;
19
and
20
(2) by striking paragraphs (2) and (3) and in-
21
serting after paragraph (1) the following new para-
22
graphs:
23
‘‘(2) Health care.
24
‘‘(3) Maternal health care, including the fol-
25
lowing:
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1
‘‘(A) A list of maternal health services fur-
2
nished under TRICARE.
3
‘‘(B) A guide to continuity of such care
4
through a permanent change of station.
5
‘‘(C) With regards to a pregnant member,
6
relevant regulations, options for leave, and uni-
7
form resources and requirements.
8
‘‘(4) Death benefits and life insurance pro-
9
grams.’’.
10
SEC. 588. ASSISTANCE FOR DEPLOYMENT-RELATED SUP-
11
PORT OF MEMBERS OF THE ARMED FORCES
12
UNDERGOING DEPLOYMENT AND THEIR FAM-
13
ILIES BEYOND THE YELLOW RIBBON RE-
14
INTEGRATION PROGRAM.
15
Section 582 of the National Defense Authorization
16 Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is
17 amended—
18
19
(1) by redesignating subsections (k) and (l) as
subsections (l) and (m), respectively; and
20
(2) by inserting after subsection (j) the fol-
21
lowing new subsection (k):
22
‘‘(k) SUPPORT BEYOND PROGRAM.—
23
‘‘(1) IN GENERAL.—The Secretary of Defense
24
may provide funds to States, Territories, and gov-
25
ernment entities to carry out programs, and other
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1
activities as the Secretary considers appropriate,
2
that provide deployment cycle information, services,
3
and referrals to eligible individuals throughout the
4
deployment cycle. Such programs may include the
5
provision of access to outreach services, including
6
the following:
7
‘‘(A) Employment counseling.
8
‘‘(B) Behavioral health counseling.
9
‘‘(C) Suicide prevention.
10
‘‘(D) Housing advocacy.
11
‘‘(E) Financial counseling.
12
‘‘(F) Referrals for the receipt of other re-
13
lated services.
14
‘‘(2) AUTHORIZATION
OF
APPROPRIATION.—
15
For fiscal year 2026, $20,000,000 are authorized to
16
be appropriated to carry out paragraph (1).’’.
17
SEC. 589. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
18
AGENCIES THAT BENEFIT DEPENDENTS OF
19
MILITARY AND CIVILIAN PERSONNEL.
20
(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL
21 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS
22
OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
23
OF DEFENSE CIVILIAN EMPLOYEES.—
24
25
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
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DEPENDENT
STU-
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1
DENTS.—Of
2
priated for fiscal year 2026 by section 301 and
3
available for operation and maintenance for Defense-
4
wide activities as specified in the funding table in
5
section 4301, $50,000,000 shall be available only for
6
the purpose of providing assistance to local edu-
7
cational agencies under subsection (a) of section 572
8
of the National Defense Authorization Act for Fiscal
9
Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
10
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—
11
In this subsection, the term ‘‘local educational agen-
12
cy’’ has the meaning given that term in section
13
7013(9) of the Elementary and Secondary Edu-
14
cation Act of 1965 (20 U.S.C. 7713(9)).
15
(b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
16
the amount authorized to be appro-
ABILITIES.—
17
(1) IN GENERAL.—Of the amount authorized to
18
be appropriated for fiscal year 2026 pursuant to sec-
19
tion 301 and available for operation and mainte-
20
nance for Defense-wide activities as specified in the
21
funding table in section 4301, $10,000,000 shall be
22
available for payments under section 363 of the
23
Floyd D. Spence National Defense Authorization
24
Act for Fiscal Year 2001 (as enacted into law by
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1
Public Law 106–398; 114 Stat. 1654A–77; 20
2
U.S.C. 7703a).
3
(2) ADDITIONAL AMOUNT.—Of the amount au-
4
thorized to be appropriated for fiscal year 2026 pur-
5
suant to section 301 and available for operation and
6
maintenance for Defense-wide activities as specified
7
in the funding table in section 4301, $10,000,000
8
shall be available for use by the Secretary of Defense
9
to make payments to local educational agencies de-
10
termined by the Secretary to have higher concentra-
11
tions of military children with severe disabilities.
12
(3) BRIEFING.—Not later than March 31,
13
2026, the Secretary of Defense shall provide to the
14
Committees on Armed Services of the Senate and
15
the House of Representatives a briefing on the De-
16
partment of Defense’s evaluation of each local edu-
17
cational agency with higher concentrations of mili-
18
tary children with severe disabilities and subsequent
19
determination of the amounts of impact aid each
20
such agency shall receive.
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1
SEC. 589A. VERIFICATION OF REPORTING OF ELIGIBLE
2
FEDERALLY
3
PURPOSES OF FEDERAL IMPACT AID PRO-
4
GRAMS.
5
CONNECTED
CHILDREN
FOR
(a) CERTIFICATION.—Not later than January 1,
6 2027, and annually thereafter, each commander of a mili7 tary installation under the jurisdiction of the Secretary of
8 a military department shall submit to such Secretary a
9 written certification verifying whether the commander has
10 confirmed the information contained in all impact aid
11 source check forms received from local educational agen12 cies as of the date of such certification.
13
(b) BRIEFINGS.—
14
(1) INITIAL.—Not later than June 30, 2026,
15
each Secretary of a military department shall pro-
16
vide to the Committees on Armed Services of the
17
Senate and the House of Representatives a briefing
18
describing any anticipated challenges with imple-
19
menting the requirement under subsection (a).
20
(2) ANNUAL.—Not later than June 30, 2027,
21
and annually thereafter, each Secretary of a military
22
department shall provide to the Committees on
23
Armed Services of the Senate and the House of Rep-
24
resentatives a briefing, based on the information re-
25
ceived under subsection (a), that identifies—
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1
(A) each military installation under the ju-
2
risdiction of such Secretary that has confirmed
3
the information contained in all impact aid
4
source check forms received from local edu-
5
cational agencies as of the date of the briefing;
6
(B) each military installation that has not
7
confirmed the information contained in such
8
forms as of such date; and
9
(C) any challenges confirming the informa-
10
11
tion contained in such forms as of such date.
(c) DEFINITIONS.—In this section:
12
(1) The term ‘‘impact aid source check form’’
13
means a form submitted to a military installation by
14
a local educational agency to confirm the number
15
and identity of children eligible to be counted for
16
purposes of the Federal impact aid program under
17
section 7003(a) of the Elementary and Secondary
18
Education Act of 1965 (20 U.S.C. 7703(a)).
19
(2) The term ‘‘local educational agency’’ has
20
the meaning given that term in section 8101 of the
21
Elementary and Secondary Education Act of 1965
22
(20 U.S.C. 7801).
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1
SEC. 589B. REGULATIONS ON THE USE OF PORTABLE ELEC-
2
TRONIC MOBILE DEVICES IN DEPARTMENT
3
OF DEFENSE EDUCATION ACTIVITY SCHOOLS.
4
(a) REGULATIONS REQUIRED.—Not later than 180
5 days after the date of the enactment of this Act, the Sec6 retary of Defense, acting through the Director of the De7 partment of Defense Education Activity, shall update ex8 isting regulations on student use of portable electronic mo9 bile devices in Department of Defense Education Activity
10 (DODEA) schools to prohibit disruption in the learning
11 environment by minimizing the use of such mobile devices
12 to the greatest extent practicable and to standardize such
13 regulations across all DODEA schools.
14
(b) BRIEFING REQUIRED.—Not later than 60 days
15 after completion of the updated regulations required under
16 subsection (a), the Secretary of Defense shall brief the
17 Committees on Armed Services of the Senate and the
18 House of Representatives on the updated regulations, in19 cluding—
20
(1) relevant evidence taken into consideration
21
on the use of portable electronic mobile devices in
22
and around the classroom on learning outcomes and
23
social dynamics;
24
25
(2) a description of how the regulations have
standardized policies across all DODEA schools;
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1
(3) an assessment of the influence, if any, of
2
public-school policies on mobile devices at school or
3
in the classroom; and
4
5
(4) any other matters the Secretary determines
relevant.
6
SEC. 589V. MANAGEMENT OF SPECIAL EDUCATION IN
7
SCHOOLS OPERATED BY DEPARTMENT OF
8
DEFENSE EDUCATION ACTIVITY.
9
(a) IMPROVEMENTS TO STAFFING.—The Secretary of
10 Defense, acting through the Director of the Department
11 of Defense Education Activity, shall implement the fol12 lowing measures to improve staffing of special education
13 teachers and staff at schools operated by the Activity:
14
(1) Require the inclusion, in the staffing model
15
for a school, of service minutes required by the indi-
16
vidualized education programs of students attending
17
the school to more effectively determine appropriate
18
staffing for the school. As part of such staffing
19
model, service minutes for students with similar
20
needs may be counted concurrently when education-
21
ally appropriate.
22
23
(2) Collect the following data on underutilized
special education staff members:
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1
(A) When such staff members are re-
2
quested to transfer to a school with greater
3
needs for such staff members.
4
(B) How many requests for such transfers
5
the Activity receives.
6
(C) Whether such requests are approved or
7
denied, and at what locations.
8
(D) Once such a request is received, the
9
likelihood that the transfer occurs.
10
(3) Collect data on the turnover of special edu-
11
cation teachers and staff, including reasons for de-
12
parture.
13
(4) Review access to and requirements for crisis
14
training, publicize Activity-wide policies with respect
15
to such training for consistency, and expand such
16
training to relevant special education teachers and
17
staff, such as paraeducators, who are not required,
18
as of the date of the enactment of this Act, to re-
19
ceive such training.
20
(5) Require district and regional administrators
21
to track training requirements for special education
22
teachers and staff to ensure that such teachers and
23
staff are meeting such requirements.
24
(b) CLARIFICATION OF GUIDANCE.—The Secretary
25 of Defense, acting through the Director of the Department
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1 of Defense Education Activity, shall implement the fol2 lowing measures to improve and clarify guidance relating
3 to special education provided by schools operated by the
4 Activity:
5
(1) Review the list of types of disabilities recog-
6
nized by the Activity as of the date of the enactment
7
of this Act and determine if that list meets the most
8
recent best practices for special education.
9
(2) Standardize and implement instructions for
10
providing special education materials to students
11
across schools operated by the Activity.
12
(3) Develop and implement a plan for standard-
13
izing special education training across the Activity.
14
(4) Standardize reading intervention guidance
15
and requirements across schools operated by the Ac-
16
tivity, including by requiring each school and district
17
operated by the Activity to have the same resources
18
and instructions, and provide clear guidance on how
19
to access additional support materials if required.
20
(c) IMPLEMENTATION DEADLINE.—The Secretary of
21 Defense shall complete implementation of the measures
22 described in subsections (a) and (b) by not later than two
23 years after the date of the enactment of this Act.
24
(d) BRIEFINGS REQUIRED.—
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1
(1) INITIAL BRIEFING.—Not later than April 1,
2
2026, the Director of the Department of Defense
3
Education Activity shall provide to the Committees
4
on Armed Services of the Senate and the House of
5
Representatives a briefing on the following:
6
(A) Coordination by the Department of
7
Defense Education Activity with the Edu-
8
cational and Developmental Intervention Serv-
9
ices programs of the military departments to
10
determine what medical services the military de-
11
partments are required to provide based on the
12
needs of students attending schools operated by
13
the Activity.
14
(B) A description of the process in effect
15
as of the date of the briefing, if any, to resolve
16
a dispute with respect to required services
17
under a student’s individualized education pro-
18
gram.
19
(C) A description of issues pending, and
20
resolutions of previous issues, under that proc-
21
ess.
22
(D) An assessment of how support instruc-
23
tional specialists can better assist teachers with
24
developing curriculum for special education stu-
25
dents.
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1
(E) A description of how the Activity pro-
2
vides services in the case of civilian or military
3
dependents with severe medical or special edu-
4
cation requirements that a school cannot meet,
5
including any data on how many such cases
6
arise on an annual basis and in what locations.
7
(F) A description of the process in effect
8
as of the date of the briefing for reassigning a
9
family from a school located outside the United
10
States if the education needs of a child in the
11
family cannot be met at that school and data,
12
for the 5 school years preceding the briefing, on
13
where such reassignments have been done and
14
the frequency of such reassignments.
15
(G) An assessment of the pay scale for
16
special education teachers and staff in effect as
17
of the date of the briefing, an identification of
18
the last time the pay scale was updated, a de-
19
scription of how the pay scale is determined,
20
and a statement of how often the pay scale is
21
updated.
22
(H) Data on school and district-level re-
23
quests for additional reading intervention cur-
24
riculum, including the locations of such re-
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1
quests and whether such requests were ap-
2
proved or denied.
3
(2) SEMI-ANNUAL BRIEFINGS.—The Director of
4
the Department of Defense Education Activity shall
5
provide to the Committees on Armed Services of the
6
Senate and the House of Representatives a briefing
7
on the progress made in implementing the measures
8
described in subsections (a) and (b)—
9
(A) not later than 180 days after the date
10
of the enactment of this Act; and
11
(B) every 180 days thereafter until the Di-
12
rector certifies to the Committees that each
13
such measure has been implemented.
14
SEC. 589D. PILOT PROGRAM TO INCREASE PAYMENTS FOR
15
CHILD CARE SERVICES IN HIGH-COST AREAS.
16
(a) ESTABLISHMENT.—The Secretary may establish
17 a pilot program to increase the maximum amount of finan18 cial assistance per month per child that the Secretary au19 thorizes to be provided to eligible providers under section
20 1798 of title 10, United States Code, for services provided
21 to children who are two years old or younger in accordance
22 with this section.
23
(b) REQUIREMENTS.—If the Secretary establishes a
24 pilot program under subsection (a), the Secretary—
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1
(1) shall provide for an increased maximum
2
amount of financial assistance under the pilot pro-
3
gram in each area with high child care services
4
costs, as determined by the Secretary; and
5
(2) may provide for such increased maximum
6
amount of financial assistance in other areas as the
7
Secretary considers appropriate.
8
(c) REPORTS.—
9
(1) ANNUAL
REPORTS.—Not
later than one
10
year after the establishment of the pilot program
11
under this subsection, and annually thereafter until
12
the date of the termination of the pilot program, the
13
Secretary shall submit to the congressional defense
14
committees a report on the pilot program that in-
15
cludes—
16
(A) the number of families with respect to
17
whom the Secretary has increased the max-
18
imum amount of financial assistance per month
19
per child being provided under the pilot pro-
20
gram, disaggregated by location;
21
(B) the methodology for determining the
22
areas that should receive an increased amount
23
of financial assistance per month per child
24
under the pilot program;
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1
(C) the number of areas the Secretary de-
2
termined should receive such increased amount
3
of financial assistance;
4
(D) the total amount of financial assist-
5
ance provided under the pilot program with re-
6
spect to such families, disaggregated by loca-
7
tion;
8
(E) the total amount of financial assist-
9
ance that would have been provided with re-
10
spect to such families without the increase
11
under the pilot program, disaggregated by loca-
12
tion;
13
(F) the determination of the Secretary as
14
to whether additional funding under the pilot
15
program—
16
17
(i) helped reduce child care costs for
applicable military families;
18
(ii) increased child care provider par-
19
ticipation in the financial assistance avail-
20
able under this section; and
21
(iii) increased access to infant and
22
toddler care for military families;
23
(G) the determination of the Secretary
24
with respect to the feasibility of expanding the
25
pilot program to all communities;
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1
(H) any challenges identified by the Sec-
2
retary in carrying out the pilot program;
3
(I) legislation or administrative action that
4
the Secretary determines necessary to make the
5
pilot program permanent; and
6
(J) any other information the Secretary
7
determines appropriate.
8
(2) FINAL REPORT.—Not later than 90 days
9
after the date of the termination of the pilot pro-
10
gram, the Secretary shall submit to the congres-
11
sional defense committees a report that includes—
12
(A) the elements specified in subpara-
13
graphs (A) through (J) of paragraph (3); and
14
(B) the recommendation of the Secretary
15
as to whether to make the pilot program per-
16
manent.
17
(d) TERMINATION.—The pilot program established
18 under this subsection shall terminate on the date that is
19 five years after the date on which such program is estab20 lished.
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1
Subtitle
J—Decorations
2
Awards, Reports, and
3
Matters
and
Other
4
SEC. 591. AUTHORIZATION FOR AWARD OF MEDAL OF
5
HONOR TO E. ROYCE WILLIAMS FOR ACTS OF
6
VALOR DURING THE KOREAN WAR.
7
(a) WAIVER
OF
TIME LIMITATIONS.—Notwith-
8 standing the time limitations specified in section 8298 of
9 title 10, United States Code, or any other time limitation
10 with respect to the awarding of certain medals to persons
11 who served in the Armed Forces, the President may award
12 the Medal of Honor under section 8291 of such title to
13 E. Royce Williams for the acts of valor described in sub14 section (b).
15
(b) ACTS OF VALOR DESCRIBED.—The acts of valor
16 described in this subsection are the actions of E. Royce
17 Williams, as a lieutenant in the Navy, on November 18,
18 1952.
19
SEC. 592. AUTHORIZATION FOR POSTHUMOUS AWARD OF
20
THE
21
ISAAC ‘‘IKE’’ CAMACHO FOR ACTS OF VALOR
22
IN VIETNAM.
23
(a) WAIVER
DISTINGUISHED-SERVICE
OF
CROSS
TO
TIME LIMITATIONS.—Notwith-
24 standing the time limitations specified in section 7274 of
25 title 10, United States Code, or any other time limitation
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1 with respect to the awarding of certain medals to persons
2 who served in the Armed Forces, the Secretary of the
3 Army may award the distinguished-service cross under
4 section 7272 of such title to Isaac ‘‘Ike’’ Camacho for the
5 acts of valor in Vietnam described in subsection (b).
6
(b) ACTS OF VALOR DESCRIBED.—The acts of valor
7 referred to in subsection (a) are the actions of Isaac ‘‘Ike’’
8 Camacho from November 24, 1963, to July 13, 1965, in
9 Vietnam for which he was previously awarded the Silver
10 Star.
11
SEC. 593. COMPLIANCE WITH TRAVEL CHARGE CARD DEAC-
12
13
TIVATION REQUIREMENTS.
(a) POLICY COMPLIANCE.—Not later than 60 days
14 after the date of the enactment of this Act, the Secretary
15 of Defense shall ensure that Department of Defense poli16 cies and procedures are consistent with section 2(h)(1)(H)
17 of the Travel and Transportation Reform Act of 1998
18 (Public Law 105–264; 5 U.S.C. 5701 note) and related
19 implementing guidance, regarding the prompt deactivation
20 and closure of government-issued travel charge card ac21 counts upon the separation, retirement, or termination of
22 military or civilian personnel.
23
(b) COMPTROLLER REVIEW.—Not later than 180
24 days after the date of the enactment of this Act, the Under
25 Secretary of Defense (Comptroller) shall submit to the
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1 Committees on Armed Services of the Senate and the
2 House of Representatives a report describing—
3
(1) actions taken to verify consistent implemen-
4
tation of deactivation and closure policies for govern-
5
ment-issued travel charge cards across the military
6
departments and defense agencies;
7
8
(2) any gaps or inconsistencies identified in the
execution of current policy; and
9
(3) recommendations, if any, to improve compli-
10
ance, oversight, or prevention of unauthorized card
11
use following personnel separation.
12
13
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay and Retired Pay
Sec. 601. Codification of applicability to Space Force of certain pay and allowance authorities.
Sec. 602. Extension of enhanced authority for selective early retirement and
early discharges.
Sec. 603. Extension of temporary early retirement authority.
Subtitle B—Bonus, Incentive, and Separation Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Extension of authority to provide voluntary separation pay and benefits.
Sec. 613. Implementation of aviation incentive pay for members of reserve components.
Sec. 614. Reviews of designations of imminent danger pay areas.
Subtitle C—Allowances
Sec. 621. Modifications to calculation of basic allowance for subsistence for enlisted members.
Sec. 622. Family separation allowance: increase.
Sec. 623. Extending certain travel allowance for members of the Armed Forces
assigned to Alaska.
Sec. 624. Improvements to basic allowance for housing.
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Subtitle D—Leave
Sec. 631. Improved parental leave for members of the armed forces.
Sec. 632. Convalescent leave for cadets and midshipmen.
Subtitle E—Family and Survivor Benefits
Sec. 641. Annual review of financial assistance limits for child care and youth
program services providers.
Sec. 642. Waiver of requirements for air transportation of deceased members
of the Armed Forces when necessary to meet mission requirements.
Subtitle F—Defense Resale Matters
Sec. 651. Use of commissary stores: civilian employees of Military Sealift Command.
Sec. 652. Defense commissary system and exchange system: patronage; privatization.
Subtitle G—Other Benefits, Administrative Matters, Reports, and Briefings
Sec. 661. Inclusion of descriptions of types of pay on pay statements.
Sec. 662. Provision of information regarding relocation assistance programs for
members receiving orders for a change of permanent station.
Sec. 663. Expansion of pilot program to increase access to food on military installations.
Sec. 664. Military compensation educational campaign.
Sec. 665. Designation of United States Army Garrison Kwajalein Atoll as remote and isolated military installation.
2
Subtitle A—Basic Pay and Retired
Pay
3
SEC. 601. CODIFICATION OF APPLICABILITY TO SPACE
4
FORCE OF CERTAIN PAY AND ALLOWANCE
5
AUTHORITIES.
1
6
(a) DEFINITIONS.—Section 101 of title 37, United
7 States Code, is amended—
8
(1) in subparagraphs (A) and (B) of paragraph
9
(22), by inserting ‘‘, or for members of the Space
10
Force in space force active status not on sustained
11
duty,’’ after ‘‘reserve component’’ each place it ap-
12
pears; and
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1
2
(2) by adding at the end the following new
paragraphs:
3
‘‘(27) The term ‘space force active status’ has
4
the meaning given that term in section 101 of title
5
10.
6
‘‘(28) The term ‘sustained duty’ has the mean-
7
ing given that term in section 101 of title 10.’’.
8
(b) BASIC PAY.—
9
10
(1) REFERENCES TO OFFICER GRADES.—Section 201(a) of such title is amended—
11
(A) by striking ‘‘(1) Subject to paragraph
12
(2), for the’’ and inserting ‘‘For the’’;
13
(B) by striking ‘‘and Marine Corps’’ in the
14
heading of the second column of the table and
15
inserting ‘‘Marine Corps, and Space Force’’;
16
and
17
(C) by striking paragraph (2).
18
(2) APPLICABLE PAY AND ALLOWANCES FOR
19
CERTAIN SPACE FORCE MEMBERS WHO ARE PHYS-
20
ICALLY DISABLED OR INCUR LOSS OF EARNED IN-
21
COME
22
sections (g)(1) and (h)(1) of section 204 of such
23
title are amended by inserting ‘‘, or a member of the
24
Space Force in space force active status not on sus-
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NOT
ON
SUSTAINED
DUTY.—Sub-
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1
tained duty,’’ after ‘‘of a reserve component of a
2
uniformed service’’ each place it appears.
3
(3)
SERVICE
CREDITABLE
FOR
COMPUTA-
4
TION.—Section 205(a)(2) of such title is amended—
5
(A) by transferring subparagraph (F) so
6
as to appear after subparagraph (A);
7
(B) by striking subparagraph (C);
8
(C) by redesignating subparagraphs (F),
9
(B), (D), and (E) as subparagraphs (B), (D),
10
(E), and (F), respectively; and
11
(D) by inserting after subparagraph (B),
12
as transferred and redesignated by subpara-
13
graphs (A) and (C) of this paragraph, the fol-
14
lowing new subparagraph:
15
‘‘(C) the Space Force;’’.
16
(4) INACTIVE-DUTY
17
206 of such title is amended—
18
TRAINING
PAY.—Section
(A) in the section heading, by inserting ‘‘;
19
MEMBERS OF THE SPACE FORCE’’
20
the colon;
21
22
(B) in subsection (a) in the matter preceding paragraph (1)—
23
24
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1
(ii) by inserting ‘‘, or a member of the
2
Space Force’’ after ‘‘uniformed service’’
3
the first place it appears;
4
(C) in subsection (d)—
5
(i) in paragraph (1), by inserting ‘‘,
6
by a member of the Space Force,’’ after
7
‘‘reserve component’’; and
8
(ii) in paragraph (2), by inserting ‘‘or
9
the Space Force,’’ after ‘‘Ready Reserve’’;
10
and
11
(D) in subsection (e)—
12
(i) by striking ‘‘Guard or of a’’ and
13
inserting ‘‘Guard, a’’; and
14
(ii) by inserting ‘‘, or the Space
15
Force’’ after ‘‘uniformed services’’.
16
(5)
PARTICIPATION
IN
THRIFT
SAVINGS
17
PLAN.—Section 211(a)(2) of such title is amended
18
by inserting ‘‘or the Space Force’’ after ‘‘member of
19
the Ready Reserve’’.
20
(c) SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
21
THORITIES.—
22
(1) GENERAL
BONUS
23
LISTED MEMBERS.—Section
24
amended—
25
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EN-
331 of such title is
(A) in subsection (a)—
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1
(i) in paragraph (4), by striking ‘‘or’’
2
at the end;
3
(ii) in paragraph (5), by striking the
4
period and inserting ‘‘; or’’; and
5
(iii) by adding at the end the fol-
6
lowing new paragraph:
7
‘‘(6) transfers from a regular component or re-
8
serve component of an armed force to the Space
9
Force or from the Space Force to a regular compo-
10
nent or reserve component of another armed force,
11
subject to the approval of the Secretary with juris-
12
diction over the armed force to which the member is
13
transferring.’’; and
14
(B) in subsection (c)(1)—
15
(i) in subparagraph (B), by inserting
16
‘‘, or in the Space Force on sustained duty
17
under section 20105 of title 10,’’ after ‘‘in
18
a regular component’’;
19
(ii) in subparagraph (C), by inserting
20
‘‘, or in the Space Force in space force ac-
21
tive status not on sustained duty under
22
section 20105 of title 10,’’ after ‘‘in a re-
23
serve component’’; and
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1
(iii) in subparagraph (D), by striking
2
‘‘paragraph (4) or (5)’’ and inserting
3
‘‘paragraph (4), (5), or (6)’’.
4
5
(2) GENERAL BONUS AUTHORITY FOR OFFICERS.—Section 332 of such title is amended—
6
(A) in subsection (a)—
7
(i) in paragraph (4), by striking ‘‘or’’
8
at the end;
9
(ii) in paragraph (5), by striking the
10
period and inserting ‘‘; or’’; and
11
(iii) by adding at the end the fol-
12
lowing new paragraph:
13
‘‘(6) transfers from a regular component or re-
14
serve component of a uniformed service to the Space
15
Force or from the Space Force to a regular compo-
16
nent or reserve component of another uniformed
17
service, subject to the approval of the Secretary with
18
jurisdiction over the uniformed service to which the
19
member is transferring.’’; and
20
(B) in subsection (c)(1)—
21
(i) in subparagraph (C), by inserting
22
‘‘, or in the Space Force on sustained duty
23
under section 20105 of title 10,’’ after ‘‘in
24
a regular component’’;
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1
(ii) in subparagraph (D), by inserting
2
‘‘, or in the Space Force in space force ac-
3
tive status not on sustained duty under
4
section 20105 of title 10,’’ after ‘‘in a re-
5
serve component’’; and
6
(iii) in subparagraph (E), by striking
7
‘‘paragraph (4) or (5)’’ and inserting
8
‘‘paragraph (4), (5), or (6)’’.
9
(3) SPECIAL
AVIATION
INCENTIVE
PAY
OR
10
BONUS FOR OFFICERS.—Section 334 of such title is
11
amended—
12
(A) in subsections (a)(1), (b), and (h)(1),
13
by striking ‘‘in a regular or reserve component’’
14
each place it appears;
15
(B) in subsection (b)(3), by inserting ‘‘, or,
16
in the case of an officer of the Space Force, to
17
remain in space force active status,’’ after ‘‘in
18
a reserve component’’;
19
(C) in subsection (e)—
20
21
(i) in the subsection heading, by striking ‘‘RESERVE COMPONENT’’; and
22
23
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1
(D) in paragraphs (2) and (3) of sub-
2
section (h), by striking ‘‘regular or reserve com-
3
ponent’’ each place it appears.
4
(4) SPECIAL PAYS.—Sections 351(a), 352(a),
5
353(a), and 353(b) of such title are amended by
6
striking ‘‘of a regular or reserve component’’ each
7
place it appears.
8
(5) RETENTION
INCENTIVES
FOR
MEMBERS
9
QUALIFIED IN CRITICAL MILITARY SKILLS OR AS-
10
SIGNED TO HIGH PRIORITY UNITS.—Section 355 of
11
such title is amended—
12
(A) in subsection (a)—
13
14
(i) in the matter preceding paragraph
(1)—
15
(I) by striking ‘‘An officer or en-
16
listed member’’ and inserting ‘‘A
17
member’’; and
18
(II) by inserting ‘‘, or a member
19
the Space Force who is serving in
20
space force active status,’’ after ‘‘in a
21
reserve component’’; and
22
(ii) in paragraph (1)—
23
(I) by striking ‘‘or to remain’’
24
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1
(II) by inserting ‘‘, or to remain
2
in space force active status for at
3
least one year’’ before the semicolon
4
at the end;
5
(B) in subsection (d)(1) in the second sen-
6
tence, by inserting ‘‘or a member of the Space
7
Force not on sustained duty’’ after ‘‘reserve
8
component member’’; and
9
(C) in subsection (e)—
10
(i) in paragraph (1) in the place it ap-
11
pears in subparagraph (A) and in the first
12
place it appears in subparagraph (B), by
13
striking ‘‘active duty or service in an active
14
status in a reserve component’’ and insert-
15
ing ‘‘a specified form of service (or com-
16
bination thereof)’’;
17
(ii) in paragraphs (1)(B), (2), (3),
18
and (4), by striking ‘‘active duty or service
19
in an active status in a reserve component
20
for which’’ each place it appearsand insert-
21
ing ‘‘service for which’’; and
22
(iii) by adding at the end the fol-
23
24
lowing new paragraph:
‘‘(5) In this subsection, the term ‘specified form of
25 service’ means—
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1
‘‘(A) service on active duty;
2
‘‘(B) service in an active status in a reserve
3
component; or
4
5
‘‘(C) service in the Space Force in space force
active status.’’.
6
(6) CONTINUATION PAY FOR FULL TSP MEM-
7
BERS WITH 7 TO 12 YEARS OF SERVICE.—Section
8
356(b) of such title is amended—
9
10
(A) in the matter preceding paragraph
(1)—
11
(i) in the second sentence, by striking
12
‘‘or a reserve component’’ and inserting ‘‘,
13
a member of the Space Force on sustained
14
duty, or a member of a reserve compo-
15
nent’’; and
16
(ii) in the third sentence, by inserting
17
‘‘or a member of the Space Force in space
18
force active status not on sustained duty’’
19
after ‘‘(as so defined)’’;
20
(B) in paragraph (1) in the matter pre-
21
ceding subparagraph (A), by inserting ‘‘or a
22
member of the Space Force on sustained duty’’
23
after ‘‘of a regular component’’; and
24
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1
(i) in the matter preceding subpara-
2
graph (A), by inserting ‘‘or a member of
3
the Space Force in space force active sta-
4
tus and not on sustained duty’’ after ‘‘of
5
a reserve component’’; and
6
(ii) in subparagraph (A), by inserting
7
‘‘or a member of the Space Force on sus-
8
tained duty, respectively,’’ after ‘‘of a reg-
9
ular component’’.
10
(d) ADMINISTRATION OF SPECIAL PAY, INCENTIVE
11 PAY, AND BONUS AUTHORITIES.—
12
(1) CONTINUATION OF PAY AND ALLOWANCES
13
DURING CERTAIN HOSPITALIZATION AND REHABILI-
14
TATION.—Section 372(a) of such title is amended by
15
striking ‘‘of a regular or reserve component’’.
16
(2) REPAYMENT OF UNEARNED PORTION OF
17
BONUS OR SPECIAL OR INCENTIVE PAY.—Section
18
373(d)(2)(A) of such title is amended by striking ‘‘in
19
a regular or reserve component who remains on ac-
20
tive duty or in an active status’’ and inserting ‘‘who
21
remains on active duty, in an active status in a re-
22
serve component, or in space force active status’’.
23
(e) ALLOWANCES OTHER THAN TRAVEL AND TRANS-
24
PORTATION ALLOWANCES.—Section 416(a) of such title
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1 is amended by inserting ‘‘an officer of the Space Force
2 not on sustained duty,’’ after ‘‘of component,’’.
3
(f) LEAVE.—Section 501 of such title is amended—
4
(1) in subsection (a)—
5
(A) in paragraphs (4) and (5), by inserting
6
‘‘, or of the Space Force,’’ after ‘‘of a reserve
7
component’’ each place it appears; and
8
(B) in paragraph (4), by inserting ‘‘, or
9
from the Space Force,’’ after ‘‘from the reserve
10
component’’; and
11
(2) in subsection (b)(5)—
12
(A) in subparagraphs (A) and (D), by in-
13
serting ‘‘, or a member of the Space Force in
14
space force active status not on sustained
15
duty,’’ after ‘‘of a reserve component’’ each
16
place it appears; and
17
(B) in subparagraph (C), by striking ‘‘Reg-
18
19
ular’’ before ‘‘Space Force’’.
(g) MISCELLANEOUS RIGHTS AND BENEFITS.—
20
(1) ACCEPTANCE OF EMPLOYMENT, PAYMENTS,
21
AND AWARDS FROM FOREIGN GOVERNMENTS.—Sec-
22
tion 908(a)(2) of such title is amended by inserting
23
‘‘and members of the Space Force in space force ac-
24
tive status not on sustained duty’’ after ‘‘of the
25
armed forces’’.
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1
(2) INVOLUNTARILY MOBILIZED RESERVE COM-
2
PONENT MEMBERS SUBJECT TO EXTENDED AND
3
FREQUENT ACTIVE DUTY SERVICE.—Section 910 of
4
such title is amended—
5
(A) in the heading, by inserting ‘‘AND
6
MEMBERS OF THE SPACE FORCE’’
7
‘‘RESERVE COMPONENT MEMBERS’’;
after
8
(B) in subsection (a), by inserting ‘‘or of
9
the Space Force’’ after ‘‘of the armed forces’’;
10
and
11
(C) in subsections (b)(1), (b)(2), (b)(3),
12
and (e)(1), by inserting ‘‘or the Space Force’’
13
after ‘‘a reserve component’’ each place it ap-
14
pears.
15
(h) ADMINISTRATION.—Section 1002 of such title is
16 amended—
(1) in the heading, by striking ‘‘AND MEM-
17
18
BERS OF NATIONAL GUARD’’
19
MEMBERS OF THE NATIONAL GUARD; MEM-
20
BERS OF THE SPACE FORCE’’;
21
(2) in subsection (a)—
and inserting ‘‘;
22
(A) by striking ‘‘of the National Guard, or
23
of a reserve component of a uniformed service,’’
24
and inserting ‘‘of a reserve component of a uni-
25
formed service, or of the Space Force’’; and
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1
(B) by striking ‘‘his consent’’ and inserting
2
‘‘the consent of the member’’; and
3
(3) in subsection (c), by inserting ‘‘or the Space
4
Force’’ after ‘‘of a reserve component’’.
5
(i) CONFORMING AMENDMENT TO REFLECT CHANGE
6
OF NAME OF SPACE AND MISSILE SYSTEMS CENTER TO
7 SPACE SYSTEMS COMMAND.—Section 2273a(a) of title
8 10, United States Code, is amended by striking ‘‘Air
9 Force Space and Missile Systems Center’’ and inserting
10 ‘‘Space Force Space Systems Command’’.
11
SEC. 602. EXTENSION OF ENHANCED AUTHORITY FOR SE-
12
LECTIVE EARLY RETIREMENT AND EARLY
13
DISCHARGES.
14
Section 638a(a)(2) of title 10, United States Code,
15 is amended by striking ‘‘December 31, 2025’’ and insert16 ing ‘‘December 31, 2030’’.
17
SEC. 603. EXTENSION OF TEMPORARY EARLY RETIREMENT
18
19
AUTHORITY.
Section 4403(i) of the National Defense Authoriza-
20 tion Act for Fiscal Year 1993 (Public Law 102–484; 10
21 U.S.C. 1293 note) is amended by striking ‘‘December 31,
22 2025’’ and inserting ‘‘December 31, 2030’’.
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2
Subtitle B—Bonus, Incentive, and
Separation Pays
3
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
1
4
5
BONUS AND SPECIAL PAY AUTHORITIES.
(a)
AUTHORITIES
RELATING
TO
RESERVE
6 FORCES.—Section 910(g) of title 37, United States Code,
7 relating to income replacement payments for reserve com8 ponent members experiencing extended and frequent mo9 bilization for active duty service, is amended by striking
10 ‘‘December 31, 2025’’ and inserting ‘‘December 31,
11 2026’’.
12
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH
13 CARE PROFESSIONALS.—The following sections of title
14 10, United States Code, are amended by striking ‘‘Decem15 ber 31, 2025’’ and inserting ‘‘December 31, 2026’’:
16
17
(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
18
(2) Section 16302(d), relating to repayment of
19
education loans for certain health professionals who
20
serve in the Selected Reserve.
21
(c) AUTHORITIES RELATING TO NUCLEAR OFFI-
22
CERS.—Section 333(i) of title 37, United States Code, is
23 amended by striking ‘‘December 31, 2025’’ and inserting
24 ‘‘December 31, 2026’’.
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1
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
2
DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
3
THORITIES.—The
following sections of title 37, United
4 States Code, are amended by striking ‘‘December 31,
5 2025’’ and inserting ‘‘December 31, 2026’’:
6
7
(1) Section 331(h), relating to general bonus
authority for enlisted members.
8
9
(2) Section 332(g), relating to general bonus
authority for officers.
10
11
(3) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
12
(4) Section 335(k), relating to special bonus
13
and incentive pay authorities for officers in health
14
professions.
15
(5) Section 336(g), relating to contracting
16
bonus for cadets and midshipmen enrolled in the
17
Senior Reserve Officers’ Training Corps.
18
19
(6) Section 351(h), relating to hazardous duty
pay.
20
21
(7) Section 352(g), relating to assignment pay
or special duty pay.
22
23
(8) Section 353(i), relating to skill incentive
pay or proficiency bonus.
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1
(9) Section 355(h), relating to retention incen-
2
tives for members qualified in critical military skills
3
or assigned to high priority units.
4
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
5
IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
6 403(b) of title 37, United States Code, is amended—
7
(1) in paragraph (7)(E), relating to an area
8
covered by a major disaster declaration or con-
9
taining an installation experiencing an influx of mili-
10
tary personnel, by striking ‘‘December 31, 2025’’
11
and inserting ‘‘December 31, 2026’’; and
12
(2) in paragraph (8)(C), relating to an area
13
where actual housing costs differ from current rates
14
by more than 20 percent, by striking ‘‘December 31,
15
2025’’ and inserting ‘‘December 31, 2026’’.
16
SEC. 612. EXTENSION OF AUTHORITY TO PROVIDE VOL-
17
18
UNTARY SEPARATION PAY AND BENEFITS.
Section 1175a(k)(1) of title 10, United States Code,
19 is amended by striking ‘‘December 31, 2025’’ and insert20 ing ‘‘December 31, 2030’’.
21
SEC. 613. IMPLEMENTATION OF AVIATION INCENTIVE PAY
22
23
FOR MEMBERS OF RESERVE COMPONENTS.
Section 602(d) of the National Defense Authorization
24 Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C.
25 357 note) is amended—
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1
2
3
(1) in paragraph (2)—
(A) by striking ‘‘In making’’ and inserting
the following:
4
‘‘(A) IN GENERAL.—In making’’; and
5
(B) by adding at the end the following new
6
subparagraphs:
7
‘‘(B) AVIATION INCENTIVE PAY EVALUA-
8
TION.—Not later than June 1, 2026, the Sec-
9
retary shall complete the evaluation required by
10
subparagraph (A) with respect to aviation in-
11
centive pay under section 334 of title 37,
12
United States Code. In conducting that evalua-
13
tion, the Secretary shall make a specific deter-
14
mination with respect to the percentage of such
15
aviation incentive pay, if any, that is paid spe-
16
cifically to maintain skill certification or pro-
17
ficiency under section 357 of title 37, United
18
States Code.
19
‘‘(C) SPECIAL AND INCENTIVE PAY FRAME-
20
WORK.—Not later than June 1, 2026, the Sec-
21
retary shall submit to the Committees on
22
Armed Services of the Senate and the House of
23
Representatives a detailed report on the special
24
and incentive pay assessment framework, re-
25
quired by the Senate report accompanying the
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1
National Defense Authorization Act for Fiscal
2
Year 2024 (Public Law 118–31), that includes
3
the Secretary’s plan and timeline for imple-
4
menting such framework.’’; and
5
(2) by adding at the end the following new
6
paragraph:
7
‘‘(3) INITIATION
OF
PAYMENTS.—Not
later
8
than January 1, 2027, the Secretary concerned shall
9
begin making aviation incentive payments under sec-
10
tion 357 of title 37, United States Code, pursuant
11
to
12
(2)(B).’’.
13
determination
made
under
paragraph
SEC. 614. REVIEWS OF DESIGNATIONS OF IMMINENT DAN-
14
15
the
GER PAY AREAS.
(a) INITIAL REVIEW.—Not later than March 1, 2026,
16 the Secretary of Defense, in coordination with the Secre17 taries of the military departments, shall—
18
(1) commence a review of each area designated
19
under section 351(a)(3) of title 37, United States
20
Code, to determine whether the area is one in which
21
a member of the uniformed services is subject to im-
22
minent danger of physical injury due to threat con-
23
ditions; and
24
(2) submit to the Committees on Armed Serv-
25
ices of the Senate and the House of Representatives
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1
a report on the review, including any changes to des-
2
ignations under that section that result from the re-
3
view.
4
(b) SUBSEQUENT REVIEWS.—
5
(1) IN GENERAL.—Not later than March 1,
6
2031, and every 5 years thereafter, the Secretary of
7
Defense, in coordination with the Secretaries of the
8
military departments, shall conduct a review de-
9
scribed in subsection (a)(1).
10
(2) REPORTS REQUIRED.—Not later than 60
11
days after completing a review under paragraph (1),
12
the Secretary of Defense shall submit to the Com-
13
mittees on Armed Services of the Senate and the
14
House of Representatives a report on the review, in-
15
cluding any changes to designations under that sec-
16
tion that result from the review.
17
(c) REPORTS ON DESIGNATION CHANGES BETWEEN
18 REPORTS.—If, at any time between the submission of re19 ports required by subsections (a)(2) and (b)(2), the Sec20 retary of Defense or the Secretary of a military depart21 ment conducts a review of areas designated under section
22 351(a)(3) of title 37, United States Code, and makes a
23 change to any such designation, that Secretary shall sub24 mit to the Committees on Armed Services of the Senate
25 and the House of Representatives a report on the review
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1 and the change not later than 60 days after the change
2 is made.
3
Subtitle C—Allowances
4
SEC. 621. MODIFICATIONS TO CALCULATION OF BASIC AL-
5
LOWANCE FOR SUBSISTENCE FOR ENLISTED
6
MEMBERS.
7
(a) MODIFICATION.—
8
9
(1) IN GENERAL.—Section 402(b) of title 37,
United States Code, is amended—
10
(A) by striking paragraph (1) and insert-
11
12
ing the following new paragraph:
‘‘(1)(A) The monthly rate of basic allowance for sub-
13 sistence to be in effect for an enlisted member for a year
14 (beginning on January 1 of that year) shall be equal to
15 the monthly cost of a liberal food plan for a male in the
16 United States who is between 19 and 50 years of age,
17 as determined by the Secretary of Agriculture on October
18 1 of the preceding year.
19
‘‘(B) With respect to a member who is subject to
20 monthly deduction from pay for meals under section
21 1011(b) of this title, the amount payable under subpara22 graph (A) shall be reduced by the amount of such deduc23 tion from pay, in accordance with policies prescribed by
24 the Secretary of Defense.
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‘‘(C) The monthly rate of basic allowance for subsist-
2 ence to be in effect for an enlisted member for a year
3 under subparagraph (A) may not decrease relative to the
4 rate in effect for the preceding year.’’; and
5
(B) by striking paragraph (3).
6
(2) IMPLEMENTATION PLAN.—Not later than
7
September 30, 2026, the Secretary of Defense shall
8
submit to the Committees on Armed Services of the
9
Senate and the House of Representatives a plan for
10
the implementation of the amendments made by
11
subsection (a).
12
(b) REPORT.—Not later than March 31, 2026, and
13 annually thereafter through 2028, the Secretary of De14 fense shall submit to the Committees on Armed Services
15 of the Senate and the House of Representatives a report
16 that, with respect to the fiscal year in which the report
17 is submitted, describes—
18
(1) the manner in which the Secretary of De-
19
fense allocated funds to pay for food programs and
20
whether such funds were drawn from funds author-
21
ized for the for the basic allowance for subsistence
22
under section 402 of title 37, United States Code;
23
(2) whether and the extent to which subsistence
24
in-kind and other sources of appropriated funds
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1
were budgeted to pay for food programs on military
2
installations; and
3
(3) the manner in which the Secretaries of the
4
military departments used authorities of such Secre-
5
taries to fund the fully burdened cost of feeding
6
members—
7
(A) of the Army, Navy, Marine Corps, Air
8
Force, and Space Force; and
9
(B) who were assigned to essential station
10
11
12
messing during such fiscal year.
SEC. 622. FAMILY SEPARATION ALLOWANCE: INCREASE.
Section 427(a)(1) of title 37, United States Code, is
13 amended in the matter preceding subparagraph (A) by
14 striking ‘‘$250’’ and inserting ‘‘$300’’.
15
SEC. 623. EXTENDING CERTAIN TRAVEL ALLOWANCE FOR
16
MEMBERS OF THE ARMED FORCES ASSIGNED
17
TO ALASKA.
18
Section 603(b) of the James M. Inhofe National De-
19 fense Authorization Act for Fiscal Year 2023 (Public Law
20 117–263) is amended—
21
22
(1) in paragraph (2), by amending subparagraph (A) to read as follows:
23
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1
‘‘(i) assigned to a duty location in
2
Alaska for a period of not less than one
3
year; and
4
‘‘(ii) unaccompanied by dependents in
5
such duty location; and’’; and
6
7
(2) by amending paragraph (5) to read as follows:
8
9
‘‘(5) PERIOD SPECIFIED.—The period specified
in this paragraph is the period—
10
‘‘(A) beginning on the date of the enact-
11
ment of the National Defense Authorization Act
12
for Fiscal Year 2026; and
13
14
‘‘(B) ending on December 31, 2027.’’.
SEC. 624. IMPROVEMENTS TO BASIC ALLOWANCE FOR
15
16
HOUSING.
(a) INCREASING AWARENESS.—The Secretary of De-
17 fense shall seek to improve transparency of the calculation
18 of BAH by—
19
(1) developing a clear, accessible document that
20
explains how rates of BAH are determined, includ-
21
ing methodology and types of data sources used,
22
which shall be—
23
(A) reviewed and updated not less fre-
24
quently than annually and as rates and calcula-
25
tion methods change; and
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1
(B) made available on a publicly accessible
2
internet website and distributed across all rel-
3
evant components of the Department of De-
4
fense; and
5
(2) providing to members of the Armed Forces
6
when such members experience a permanent change
7
of station, permanent change of assignment, change
8
in dependency status, change in grade, or any other
9
event that may impact the eligibility of such mem-
10
bers for or rate of BAH—
11
(A) the information included in the docu-
12
ment developed under paragraph (1); and
13
(B) an explanation of the type of rental
14
housing the rate of BAH received by such mem-
15
bers is intended to support in each locality.
16
(b) STUDY TO EVALUATE ALTERNATIVE RATE CAL-
17
CULATION.—
18
(1) STUDY.—
19
(A) IN GENERAL.—Not later than Sep-
20
tember 30, 2026, the Secretary of Defense shall
21
seek to enter into an agreement with a covered
22
entity to conduct a study in which the covered
23
entity—
24
(i) assesses the adequacy of the cur-
25
rent BAH for MHAs selected under para-
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1
graph (3), including a review of the com-
2
muting times and distances of members of
3
the Armed Forces and the overall afford-
4
ability of housing in such MHAs;
5
(ii) reviews existing methods of calcu-
6
lating BAH and proposes methods of cal-
7
culating BAH described in paragraph (2)
8
for MHAs selected under paragraph (3)
9
that are more efficient and accurate than
10
such existing methods, as appropriate; and
11
(iii) evaluates the feasibility and ad-
12
visability of using machine learning and
13
artificial intelligence in the calculation of
14
BAH and, if feasible and advisable, incor-
15
porates machine learning and artificial in-
16
telligence into the proposed methods de-
17
scribed in clause (i).
18
(B) RULE OF CONSTRUCTION.—During the
19
study conducted in accordance with subpara-
20
graph (A), the Secretary shall pay BAH in
21
MHAs selected under paragraph (3) at rates
22
prescribed under section 403 of title 37, United
23
States Code.
24
(2) PROPOSED MONTHLY RATES.—A proposed
25
monthly rate of BAH described in this paragraph—
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1
(A) accurately reflects housing prices in
2
the MHA subject to such rate; and
3
(B) is sufficient for military families who
4
reside in such MHA to procure adequate and
5
affordable housing.
6
(3) MHAS.—The Secretary shall select not
7
fewer than 15 MHAs for the covered entity to evalu-
8
ate in the study conducted in accordance with para-
9
graph (1). In selecting MHAs for evaluation under
10
such study, the Secretary shall consider factors in-
11
cluding the following:
12
(A) Variety of geographic location.
13
(B) The ranks of members who reside in
14
an MHA.
15
(C) Whether members who reside in an
16
MHA have dependents.
17
(D) Economic factors including inflation,
18
cost of living, and the cost of private mortgage
19
insurance.
20
(4) COMPLETION.—An agreement entered into
21
under paragraph (1)(A) shall require the study con-
22
ducted under such agreement to be completed not
23
later than the date that is three years after the date
24
on which the Secretary and the covered entity enter
25
into such agreement.
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1
(5) ANNUAL BRIEFINGS.—Not later than 180
2
days after the date of the enactment of this Act, and
3
on an annual basis thereafter until the completion of
4
the study conducted in accordance with paragraph
5
(1), the Secretary shall provide to the Committees
6
on Armed Services of the Senate and the House of
7
Representatives a briefing on the status of the study
8
under this section.
9
(6) REPORT.—Not later than 120 days after
10
the date of the completion of the study conducted in
11
accordance with paragraph (1), the Secretary shall
12
submit to the Committees on Armed Services of the
13
Senate and House of Representatives a report con-
14
taining the results of such study. Such report shall
15
include—
16
(A) an evaluation by the Secretary of the
17
proposed methods of calculating BAH by a cov-
18
ered entity pursuant to an agreement under
19
paragraph (1); and
20
(B) any recommendations of the Secretary
21
for legislation to improve the methods of calcu-
22
lating BAH based on the study.
23
(c) DEFINITIONS.—In this section:
24
(1) The term ‘‘BAH’’ means the basic allow-
25
ance for housing for members of the uniformed serv-
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1
ices under section 403 of title 37, United States
2
Code.
3
4
(2) The term ‘‘covered entity’’ means an entity
or combination of entities—
5
(A) with combined expertise in data anal-
6
ysis and machine learning and access to rel-
7
evant data on local rental rates in real estate
8
markets in the MHAs selected under subsection
9
(b)(3); and
10
(B) that has not participated in anti-
11
competitive price-fixing in a real estate market.
12
(3) The term ‘‘MHA’’ means military housing
13
area.
14
Subtitle D—Leave
15
SEC. 631. IMPROVED PARENTAL LEAVE FOR MEMBERS OF
16
17
THE ARMED FORCES.
(a) REGULATIONS.—Section 701(h)(1)(B) of title 10,
18 United States Code, is amended by adding at the end the
19 following new clause:
20
‘‘(iii) The regulations prescribed under clause (i)
21 shall authorize a member described in such clause to take
22 leave described under subparagraph (A) during the two23 year period beginning after an event described in clause
24 (i) or (ii) of such subparagraph with the approval of the
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1 first general officer or flag officer in the chain of command
2 of such member.’’.
3
(b) IMPLEMENTATION; REPORT.—Not later than 180
4 days after the date of the enactment of this section, the
5 Secretary of Defense shall—
6
(1) prescribe regulations under subparagraph
7
(B) of section 701(h)(1) of title 10, United States
8
Code, to implement the amendment made by sub-
9
section (a); and
10
(2) submit to the Committees on Armed Forces
11
of the Senate and House of Representatives a report
12
regarding the implementation of this section.
13
SEC. 632. CONVALESCENT LEAVE FOR CADETS AND MID-
14
15
SHIPMEN.
Section 702 of title 10, United States Code, is
16 amended—
17
18
(1) by redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f), respectively;
19
(2) by inserting after subsection (b) the fol-
20
lowing new subsection:
21
‘‘(c) CONVALESCENT LEAVE.—An academy cadet or
22 midshipman diagnosed with a medical condition is allowed
23 convalescent leave under section 701(m) of this title.’’; and
24
(3) in subsection (d), as redesignated by para-
25
graph (1) of this section, by striking ‘‘Sections 701’’
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1
and inserting ‘‘Except as provided by subsection (c),
2
sections 701’’.
4
Subtitle E—Family and Survivor
Benefits
5
SEC. 641. ANNUAL REVIEW OF FINANCIAL ASSISTANCE LIM-
6
ITS FOR CHILD CARE AND YOUTH PROGRAM
7
SERVICES PROVIDERS.
3
8
Section 1798 of title 10, United States Code, is
9 amended by adding at the end the following new sub10 section:
11
12
‘‘(d) ANNUAL REVIEW
OF
AMOUNT
OF
ASSIST-
ANCE.—The Secretary shall annually review the amount
13 of financial assistance provided under this section, includ14 ing the maximum amount of financial assistance per
15 month per child that the Secretary authorizes to be pro16 vided to eligible providers under this section.’’.
17
SEC. 642. WAIVER OF REQUIREMENTS FOR AIR TRANSPOR-
18
TATION OF DECEASED MEMBERS OF THE
19
ARMED FORCES WHEN NECESSARY TO MEET
20
MISSION REQUIREMENTS.
21
Section 562(c) of the John Warner National Defense
22 Authorization Act for Fiscal Year 2007 (Public Law 109–
23 364; 10 U.S.C. 1482 note) is amended by adding at the
24 end the following new paragraph:
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‘‘(4) WAIVER.—The Secretary concerned may
2
waive the requirements of paragraphs (1) and (3) as
3
the Secretary considers necessary to meet mission
4
requirements during—
5
‘‘(A) a time of war;
6
‘‘(B) a national emergency requiring the
7
use of significant personnel and aircraft;
8
‘‘(C) a large-scale combat operation; or
9
‘‘(D) a contingency operation.’’.
10
Subtitle F—Defense Resale Matters
11
SEC. 651. USE OF COMMISSARY STORES: CIVILIAN EMPLOY-
12
EES OF MILITARY SEALIFT COMMAND.
13
(a) IN GENERAL.—Section 1066 of title 10, United
14 States Code, is amended, in subsection (a)—
15
16
(1) by inserting ‘‘(1)’’ before ‘‘An individual’’;
and
17
(2) by adding at the end the following new
18
paragraph:
19
‘‘(2) A civil service mariner of the Military Sealift
20 Command may be permitted to use commissary stores and
21 MWR retail facilities on the same basis as members of
22 the armed forces on active duty.’’.
23
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
24 Such section is further amended—
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1
(1) in the section heading, by striking ‘‘pro-
2
tective services’’ and inserting ‘‘certain’’; and
3
(2) in the heading of subsection (a), by striking
4
‘‘PROTECTIVE SERVICES’’ and inserting ‘‘CERTAIN’’.
5
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE
6
7
SYSTEM: PATRONAGE; PRIVATIZATION.
(a) PATRONAGE.—
8
(1) INTERIM AUTHORITY.—Notwithstanding the
9
limitations under section 2481(a) and chapter 54 of
10
title 10, United States Code, the Secretary of De-
11
fense—
12
(A) may allow individuals authorized to
13
use a commissary store or exchange store pur-
14
suant to a policy, memorandum, regulation, or
15
pilot program of the Department of Defense in
16
effect on October 1, 2025, to continue such use
17
through December 31, 2026; and
18
(B) may not authorize such use for any
19
additional group of individuals.
20
(2) LEGISLATIVE PROPOSAL.—Not later than
21
April 1, 2026, the Secretary of Defense shall submit
22
to the Committees on Armed Services of the Senate
23
and the House of Representatives a written legisla-
24
tive proposal that—
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1
(A) specifies each category of individuals
2
that the Secretary recommends Congress au-
3
thorize to use a commissary store or exchange
4
store;
5
(B) explains the recommendation of the
6
Secretary for such authorization; and
7
(C) consolidates the authorities for such
8
9
use into a single statute.
(b) PRIVATIZATION.—The Secretary may not take
10 any action inconsistent with the restrictions in section
11 2485(a) of such title regarding private operation of the
12 overall management of a commissary system or manage13 ment of a commissary store.
Subtitle G—Other Benefits, Admin15
istrative Matters, Reports, and
16
Briefings
14
17
SEC. 661. INCLUSION OF DESCRIPTIONS OF TYPES OF PAY
18
19
ON PAY STATEMENTS.
(a) IN GENERAL.—Chapter 19 of title 37, United
20 States Code, is amended by adding at the end the fol21 lowing new section:
22 ‘‘§ 1016. Pay statements: descriptions of types of pay
23
‘‘(a) IN GENERAL.—The Secretary of Defense shall
24 make available contemporaneously with each pay state25 ment provided to a member of the Armed Forces, for each
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1 type of pay, allowance, and deduction listed on the state2 ment, a brief and plain-language description of—
3
4
‘‘(1) the statutory or regulatory authority under
which a pay, allowance, or deduction is made;
5
6
‘‘(2) the purpose of a pay, allowance, or deduction;
7
8
‘‘(3) the criteria for determining eligibility of
members for a pay, allowance, or deduction; and
9
‘‘(4) possible changes in the eligibility of the
10
member for a pay, allowance, or deduction, including
11
the circumstances under which a pay, allowance, or
12
deduction may be suspended or modified or may ex-
13
pire.
14
‘‘(b) REQUIREMENTS.—The descriptions required to
15 be made available with a pay statement under paragraph
16 (1) shall be—
17
‘‘(1) published on a website accessible by a
18
member and printable with the pay statement of the
19
member; and
20
‘‘(2) presented in language easily understood by
21
individuals without specialized knowledge of military
22
finance, accounting, or law.’’.
23
(b) APPLICABILITY.—The requirements of section
24 1016 of title 37, United States Code, as added by sub25 section (a), shall apply with respect to pay statements
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1 issued on or after the date that is 180 days after the date
2 of the enactment of this Act.
3
SEC. 662. PROVISION OF INFORMATION REGARDING RELO-
4
CATION ASSISTANCE PROGRAMS FOR MEM-
5
BERS RECEIVING ORDERS FOR A CHANGE OF
6
PERMANENT STATION.
7
(a) IN GENERAL.—Section 1056(b) of title 10,
8 United States Code, is amended—
9
(1) in paragraph (2)—
10
(A) in subparagraph (A), by striking ‘‘and
11
community orientation’’ and inserting ‘‘commu-
12
nity orientation, education systems, school en-
13
rollment procedures, and State-specific provi-
14
sions under the Interstate Compact on Edu-
15
cational Opportunity for Military Children’’;
16
(B) in subparagraph (C), by striking ‘‘and
17
community orientation’’ and inserting ‘‘commu-
18
nity orientation, and educational resources for
19
dependent children, including school transition
20
assistance, academic continuity, and special
21
education services’’; and
22
(C) by adding at the end the following new
23
subparagraphs:
24
‘‘(E) Educational planning and support services
25
for dependent children with disabilities, including
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1
procedures for transferring individualized education
2
programs and coordinating with the Exceptional
3
Family Member Program.
4
‘‘(F) Provision of information regarding avail-
5
able assistance under this section and any other as-
6
sistance relating to a change of permanent station
7
available under any other provision of law, includ-
8
ing—
9
‘‘(i) information on family assistance pro-
10
grams authorized under section 1788 of this
11
title, including financial planning resources,
12
spouse employment support, and community in-
13
tegration services;
14
‘‘(ii) guidance on available housing assist-
15
ance, including on-base housing options, rental
16
protections, and resources for off-base reloca-
17
tion;
18
‘‘(iii) mental health and well-being support
19
services, including those accessible during the
20
period of transition for a change of permanent
21
station;
22
‘‘(iv) educational resources for dependent
23
children, including school transition assistance
24
and special education services;
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1
‘‘(v) information on available legal and fi-
2
nancial counseling programs; and
3
‘‘(vi) any other assistance programs that
4
support members of the armed forces and their
5
families during relocation.’’; and
6
(2) by adding at the end the following new
7
paragraphs
8
‘‘(3) The Secretary of each military department shall
9 ensure that relocation assistance required to be provided
10 under this subsection is provided not later than 45 days
11 before the date on which a change of permanent station
12 takes effect for a member of the armed forces under the
13 jurisdiction of such Secretary.
14
‘‘(4) The Secretary of each military department
15 shall—
16
‘‘(A) incorporate the information required to be
17
provided under this subsection into accessible mate-
18
rials and briefings provided to members of the
19
armed forces relating to a change of permanent sta-
20
tion;
21
‘‘(B) ensure that the program under this sec-
22
tion provides accessible materials and briefings at
23
military installations and through online resources;
24
‘‘(C) develop a communication strategy, includ-
25
ing digital outreach and printed materials, to in-
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1
crease awareness of the program under this section
2
and assistance available under other provisions of
3
law relating to a change of permanent station; and
4
‘‘(D) assess the satisfaction of members of the
5
armed forces with the information provided under
6
this subsection.’’.
7
(b) REPORT.—Not later than one year after the date
8 of enactment of this Act, and annually thereafter for three
9 years, the Secretary of Defense shall provide to the Com10 mittees on Armed Services of the Senate and the House
11 of Representatives a briefing on the implementation of the
12 amendments made by this section. Such briefing shall in13 clude—
14
(1) the status of efforts to integrate informa-
15
tion required to be provided by subparagraph (F) of
16
section 1056(b)(2) of title 10, United States Code,
17
as added by subsection (a) of this section, into ac-
18
cessible materials and briefings provided to members
19
of the armed forces relating to a change of perma-
20
nent station;
21
(2) an assessment of the awareness by members
22
of the armed forces of available programs in support
23
of a change of permanent station; and
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1
(3) any recommendations of the Secretary for
2
improving the dissemination of information related
3
to relocation and family assistance programs.
4
SEC. 663. EXPANSION OF PILOT PROGRAM TO INCREASE
5
ACCESS TO FOOD ON MILITARY INSTALLA-
6
TIONS.
7
Section 654 of the Servicemember Quality of Life Im-
8 provement and National Defense Authorization Act for
9 Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1060a
10 note) is amended—
11
(1) in subsection (a)—
12
(A) by striking ‘‘Secretary of the Army’’
13
and inserting ‘‘Secretary of a military depart-
14
ment’’; and
15
(B) by striking ‘‘installations of the Army
16
for members of the Army’’ and inserting ‘‘in-
17
stallations under the jurisdiction of the Sec-
18
retary for members of the Armed Forces’’;
19
(2) in subsection (b), by inserting ‘‘of the mili-
20
tary department concerned’’ after ‘‘Secretary’’; and
21
(3) by striking subsection (d) and inserting the
22
following new subsection (d):
23
‘‘(d) REPORTING.—
24
‘‘(1) PROGRESS REPORTS.—At the end of each
25
calendar quarter until the pilot program terminates,
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1
the Secretary of a military department shall submit
2
to the Committees on Armed Services of the Senate
3
and House of Representatives a progress report re-
4
garding implementation of the pilot program.
5
‘‘(2) FINAL REPORT.—Not later than 90 days
6
after the pilot program terminates, the Secretary of
7
a military department shall submit to the Commit-
8
tees on Armed Services of the Senate and House of
9
Representatives a final report regarding the pilot
10
program. Such report shall include the following ele-
11
ments:
12
13
‘‘(A) Lessons learned from the pilot program.
14
‘‘(B) The recommendation of the Secretary
15
whether to expand or make permanent the pilot
16
program.
17
‘‘(C) If the Secretary recommends expan-
18
sion, the military installations covered by such
19
recommended expansion.
20
21
22
23
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‘‘(D) Limitations to the operation or expansion of the pilot program.
‘‘(E) Any information the Secretary determines appropriate.’’.
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1
SEC. 664. MILITARY COMPENSATION EDUCATIONAL CAM-
2
3
PAIGN.
(a) EDUCATIONAL CAMPAIGN REQUIRED.—Not later
4 than 180 days after the date of the enactment of this Act,
5 the Secretary of Defense shall commence an educational
6 campaign to improve the understanding and awareness of
7 members of the Armed Forces and the families of such
8 members with respect to the major components of mone9 tary and nonmonetary compensation for such members.
10
(b) CONSISTENCY WITH COMPENSATION REVIEW.—
11 The Secretary shall carry out the educational campaign
12 required by subsection (a) in a manner consistent with the
13 recommendations contained in the report entitled ‘‘The
14 Fourteenth Quadrennial Review of Military Compensa15 tion’’ submitted to Congress in January 2025 pursuant
16 to section 1008(b) of title 37, United States Code.
17
(c) MINIMUM TIME OF CAMPAIGN.—The educational
18 campaign required by subsection (a) shall be carried out
19 for not less than one year.
20
(d) ELEMENTS.—The educational campaign required
21 by subsection (a) shall address—
22
(1) the elements of regular military compensa-
23
tion (RMC), as defined in section 101(25) of title
24
37, United States Code;
25
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1
2
(3) the calculation of retired pay for length of
service;
3
4
(4) educational assistance programs and benefits;
5
(5) health care for members of the Armed
6
Forces serving in active components and the families
7
of such members;
8
(6) nonmonetary benefits; and
9
(7) any other matters relating to monetary or
10
nonmonetary compesnation for members of the
11
Armed Forces the Secretary considers appropriate.
12
(e) BRIEFING.—
13
(1) IMPLEMENTATION PLAN.—Not later than
14
April 1, 2026, the Secretary of Defense shall provide
15
to the congressional defense committees a briefing
16
on the plan to implement this section.
17
(2) EFFECTIVENESS.—Not later than 60 days
18
after the completion of the educational campaign re-
19
quired by subsection (a), the Secretary of Defense
20
shall provide to the congressional defense commit-
21
tees a briefing on the effectiveness of the educational
22
campaign.
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1
SEC. 665. DESIGNATION OF UNITED STATES ARMY GARRI-
2
SON KWAJALEIN ATOLL AS REMOTE AND ISO-
3
LATED MILITARY INSTALLATION.
4
(a) DESIGNATION.—Not later than 30 days after the
5 date of the enactment of this Act, the Under Secretary
6 of Defense for Personnel and Readiness and the Secretary
7 of the Army, in coordination with the Commander of the
8 United States Army Pacific, shall designate United States
9 Army Garrison Kwajalein Atoll as a remote and isolated
10 military installation.
11
(b) NOTIFICATION.—Not later than 30 days after the
12 date on which the designation described in subsection (a)
13 is completed, the Secretary of the Army shall submit a
14 notification to the congressional defense committees con15 firming completion of the designation.
16
(c) BRIEFING REQUIRED.—Not later than 90 days
17 after the date on which the Secretary of the Army submits
18 the notification described in subsection (b), the Com19 mander of the United States Army Pacific shall brief the
20 congressional defense committees on adjustments to De21 partment of Defense resourcing for and support to United
22 States Army Garrison Kwajalein Atoll as a result of the
23 designation described in subsection (a).
24
(d) DEFINITION.—In this section, the term ‘‘remote
25 and isolated military installation’’ means a military instal26 lation determined to be remote and isolated pursuant to
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1 the criteria set forth in Department of Defense Instruc2 tions 1015.10 and 1015.18, dated July 6, 2009, and May
3 30, 2024, respectively (or successor instruction).
TITLE VII—HEALTH CARE
PROVISIONS
4
5
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents.
Sec. 702. Authority to provide sexual assault medical forensic examinations on
a nonreimbursable basis to certain otherwise ineligible individuals.
Subtitle B—Health Care Administration
Sec. 711. Codification of position of Director of the Defense Health Agency.
Sec. 712. Military-civilian medical surge program.
Sec. 713. Modification of limitation on reduction of military medical manning
end strength.
Sec. 714. Inclusion of additional requirements in notifications to modify scope
of services provided at military medical treatment facilities.
Sec. 715. Military medical cooperation arrangements among Five Eyes countries.
Sec. 716. Licensure requirement for health-care professionals of partner countries.
Sec. 717. Plan for priority assignment of medical personnel of Department of
Defense.
Sec. 718. Plan and report by Defense Health Agency relating to chiropractic
clinics at military installations.
Sec. 719. Strategic infectious disease medical research plan.
Sec. 720. Review of disclosure requirements under processes and forms relating
to health care provider credentialing and privileging of Department of Defense.
Subtitle C—Studies, Reports, and Other Matters
Sec. 731. Improvement of availability of care for veterans from facilities and
providers of the Department of Defense.
Sec. 732. Prohibition on painful research on domestic cats and dogs.
Sec. 733. Pilot program on wastewater surveillance system of Department of
Defense.
Sec. 734. Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer.
Sec. 735. Study on accreditation of military dental treatment facilities.
Sec. 736. Study on prevalence and mortality of cancer among military rotarywing pilots and aviation support personnel.
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Sec. 737. Study on psychological effects of and mental health effects of unmanned aircraft systems in combat operations.
2
Subtitle A—TRICARE and Other
Health Benefits
3
SEC. 701. REIMBURSEMENT FOR TRAVEL EXPENSES RELAT-
4
ING TO SPECIALTY CARE FOR CERTAIN MEM-
5
BERS OF THE ARMED FORCES AND DEPEND-
6
ENTS.
1
7
(a) IN GENERAL.—Section 1074i of title 10, United
8 States Code, is amended—
9
(1) in subsection (a), by striking ‘‘In any case’’
10
and inserting ‘‘Except as provided by subsection (b),
11
in any case’’; and
12
(2) in subsection (b)—
13
(A) by striking the heading and inserting
14
‘‘SPECIAL RULES FOR CERTAIN MEMBERS AND
15
DEPENDENTS.—’’;
16
(B) by striking ‘‘The Secretary of De-
17
fense’’ and inserting ‘‘(1) The Secretary of De-
18
fense’’; and
19
(C) by inserting after paragraph (1), as
20
designated by subparagraph (B) of this para-
21
graph, the following new paragraph:
22
‘‘(2) With respect to members of the armed forces
23 on active duty and their dependents, the Secretary shall
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1 administer subsection (a) by substituting ‘75 miles’ for
2 ‘100 miles’.’’.
3
(b) BRIEFING REQUIRED.—Not later than March 1,
4 2026, the Secretary of Defense shall provide to the Com5 mittees on Armed Services of the House of Representa6 tives and the Senate a briefing on the implementation of
7 paragraph (2) of section 1074i(b) of title 10, United
8 States Code, as added by subsection (a), including—
9
(1) the estimated number of individuals the
10
Secretary expects to reimburse for travel expenses
11
pursuant to such paragraph;
12
13
(2) the expected cost increase of such reimbursements; and
14
(3) whether the Secretary determines that a dif-
15
ferent distance should be specified in such para-
16
graph.
17
SEC. 702. AUTHORITY TO PROVIDE SEXUAL ASSAULT MED-
18
ICAL FORENSIC EXAMINATIONS ON A NONRE-
19
IMBURSABLE BASIS TO CERTAIN OTHERWISE
20
INELIGIBLE INDIVIDUALS.
21
22
(a) AUTHORITY TO PROVIDE FORENSIC EXAMINATIONS.—The
Secretary of Defense, in accordance with
23 regulations prescribed by the Secretary, shall authorize
24 medical personnel of the Department of Defense to pro25 vide sexual assault medical forensic examinations, in a
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1 military medical treatment facility on a nonreimbursable
2 basis, to an individual who—
3
4
(1) is not otherwise eligible for health care from
the Department;
5
(2) reports a sexual assault offense for which a
6
Defense Criminal Investigative Organization may
7
initiate an investigation; and
8
(3) is eligible for a forensic examination in ac-
9
cordance with those regulations.
10
(b) ADDITIONAL ELEMENTS.—The regulations pre-
11 scribed under subsection (a) may provide for the handling,
12 storage, and transfer to law enforcement of a completed
13 sexual assault medical forensic examination kit.
15
Subtitle B—Health Care
Administration
16
SEC. 711. CODIFICATION OF POSITION OF DIRECTOR OF
17
THE DEFENSE HEALTH AGENCY.
14
18
(a) IN GENERAL.—Section 1073c of title 10, United
19 States Code, is amended—
20
21
(1) by redesignating subsections (a) through (j)
as subsections (b) through (k), respectively;
22
23
(2) by inserting before subsection (b), as redesignated by paragraph (1), the following:
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1
‘‘(a) DIRECTOR OF THE DEFENSE HEALTH AGEN-
2
CY.—(1) There is in the Defense Health Agency a Direc-
3 tor.
4
‘‘(2) The Director of the Defense Health Agency
5 shall—
6
‘‘(A) be a military officer and hold a rank that
7
is the same or greater than the rank of any officer
8
serving as the Surgeon General of a military depart-
9
ment under section 7036, 8031, or 9036 of this title;
10
and
11
‘‘(B) have joint experience.’’;
12
(3) in subsection (b), as redesignated by para-
13
graph (1)—
14
(A) in paragraph (1), in the matter pre-
15
ceding subparagraph (A), by striking ‘‘, by not
16
later than September 30, 2021’’;
17
(B) in paragraph (2), in the matter pre-
18
ceding subparagraph (A), by striking ‘‘, com-
19
mencing when the Director begins to exercise
20
responsibilities under that paragraph,’’; and
21
(C) in paragraph (6), by striking ‘‘sub-
22
sections (b) and (c)’’ and inserting ‘‘subsections
23
(c) and (d)’’;
24
(4) in subsection (f), as so redesignated, in the
25
matter preceding paragraph (1), by striking ‘‘Not
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1
later than September 30, 2024, and subject to sub-
2
section (f)’’ and inserting ‘‘Subject to subsection
3
(g)’’;
4
(5) in subsection (g), as so redesignated, in the
5
matter preceding paragraph (1), by striking ‘‘sub-
6
section (e)’’ and inserting ‘‘subsection (f)’’; and
7
(6) in subsection (h), as so redesignated, by
8
striking ‘‘subsection (e)(1)’’ and inserting ‘‘sub-
9
section (f)(1)’’.
10
(b)
CONFORMING
AMENDMENT.—Section
11 1091a(b)(2) of such title is amended by striking ‘‘section
12 1073c(i)’’ and inserting ‘‘section 1073c(j)’’.
13
SEC. 712. MILITARY-CIVILIAN MEDICAL SURGE PROGRAM.
14
Section 1096 of title 10, United States Code, is
15 amended—
16
(1) in the section heading, by adding at the end
17
the following: ‘‘; medical surge program’’; and
18
(2) by adding at the end the following new sub-
19
section:
20
‘‘(e) MEDICAL SURGE PROGRAM.—(1) The Secretary
21 of Defense, in collaboration with the Secretary of Health
22 and Human Services, shall carry out a program of record
23 known as the Military-Civilian Medical Surge Program
24 to—
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1
2
‘‘(A) support locations that the Secretary of
Defense selects under paragraph (3)(B); and
3
‘‘(B) enhance the interoperability and medical
4
surge capability and capacity of the National Dis-
5
aster Medical System in response to a declaration or
6
other action described in subparagraphs (A) through
7
(F) of paragraph (4).
8
‘‘(2)(A) The Secretary of Defense, acting through the
9 Institute for Defense Health Cooperation at the Uni10 formed Services University of the Health Sciences (or such
11 successor center), shall oversee the management, staffing,
12 and deployment of the Program, in coordination with the
13 Chairman of the Joint Chiefs of Staff, the Director of the
14 Defense Health Agency, and, for purposes of ensuring
15 that the Program is carried out in a manner that is con16 sistent with paragraph (6), the Secretary of Health and
17 Human Services.
18
‘‘(B) In carrying out subparagraph (A) during a con-
19 tingency operation, the Secretary of Defense shall ensure
20 that the Program provides support, acting through the
21 Defense Health Agency serving as a combat support agen22 cy, to the relevant combatant command.
23
‘‘(C) The Secretary of Defense shall ensure the pro-
24 gram is administrated in coordination with the military
25 departments, the Joint Staff, the Defense Health Agency,
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1 and the Department of Health and Human Services
2 through semiannual coordination meetings and quarterly
3 updates. On an annual basis, one such meeting shall in4 clude the participation of partners specified in paragraph
5 (3)(A).
6
‘‘(D) In carrying out the Program, the Secretary of
7 Defense shall maintain requirements for staffing, special8 ized training, research, and education, regarding patient
9 regulation, movement, definitive care, and other matters
10 the Secretary determines critical to sustaining the health
11 of members of the armed forces.
12
‘‘(3)(A) In carrying out the Program, the Secretary
13 of Defense shall establish partnerships at locations se14 lected under subparagraph (B) with public, private, and
15 nonprofit health care organizations, health care institu16 tions, health care entities, academic medical centers of in17 stitutions of higher education, and hospitals that the Sec18 retary and the Secretary of Health and Human Services
19 determine—
20
‘‘(i) are critical in mobilizing a civilian medical
21
response in support of a wartime contingency or
22
other catastrophic event in the United States; and
23
‘‘(ii) have demonstrated technical proficiency in
24
critical national security domains, including high-
25
consequence infectious disease and special pathogen
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1
preparedness, and matters relating to defense, con-
2
tainment, management, care, and transportation.
3
‘‘(B) The Secretary of Defense shall select not fewer
4 than eight locations that are operationally relevant to the
5 missions of the Department of Defense under the National
6 Disaster Medical System and are aeromedical or other
7 transport hubs or logistics centers in the United States
8 for partnerships under subparagraph (A). The Secretary
9 may select more than eight locations, including locations
10 outside of the continental United States, if the Secretary
11 determines such additional locations cover areas of stra12 tegic and operational relevance to the Department.
13
‘‘(4) The Secretary of Defense and the Secretary of
14 Health and Human Services shall ensure that the partner15 ships under paragraph (3)(A) allow for civilian medical
16 personnel to quickly and effectively mobilize direct support
17 to military medical treatment facilities and provide sup18 port to other requirements of the military health system
19 pursuant to the following:
20
‘‘(A) A declaration of a national emergency
21
under the National Emergencies Act (50 U.S.C.
22
1621 et seq.).
23
‘‘(B) A public health emergency declared under
24
section 319 of the Public Health Service Act (42
25
U.S.C. 247d).
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1
‘‘(C) A declaration of war by Congress.
2
‘‘(D) A contingency operation.
3
‘‘(E) The President’s exercise of executive pow-
4
ers under the War Powers Resolution (50 U.S.C.
5
1541 et seq.).
6
‘‘(F) Any other emergency or major disaster as
7
declared by the President.
8
‘‘(5) Not later than 180 days after the date of the
9 enactment of the National Defense Authorization Act for
10 Fiscal Year 2026, and annually thereafter, the Secretary
11 of Defense shall submit to the Committee on Armed Serv12 ices and the Committee on Health, Education, Labor, and
13 Pensions of the Senate and the Committee on Armed
14 Services and the Committee on Energy and Commerce of
15 the House of Representatives a report on the status, readi16 ness, and operational capabilities of the Program. Each
17 report shall include an assessment of personnel readiness,
18 resource availability, interagency coordination efforts, and
19 recommendations for continued improvements to the Pro20 gram.
21
‘‘(6) Nothing in this section shall be construed to au-
22 thorize the Secretary of Defense to control, direct, limit,
23 or otherwise affect the authorities of the Secretary of
24 Health and Human Services with respect to the leadership
25 and administration of the National Disaster Medical Sys-
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1 tem, public health and medical preparedness and response,
2 staffing levels, or resource allocation.
3
‘‘(7) In this subsection:
4
‘‘(A) The term ‘institution of higher education’
5
means a four-year institution of higher education (as
6
defined in section 101(a) of the Higher Education
7
Act of 1965 (20 U.S.C. 1001(a))).
8
‘‘(B) The term ‘National Disaster Medical Sys-
9
tem’ means the system established under section
10
2812 of the Public Health Service Act (42 U.S.C.
11
300hh–11).
12
‘‘(C) The term ‘Program’ means the Military-
13
Civilian Medical Surge Program established under
14
paragraph (1).’’.
15
SEC. 713. MODIFICATION OF LIMITATION ON REDUCTION
16
OF
17
STRENGTH.
18
MILITARY
MEDICAL
MANNING
END
Section 741 of the James M. Inhofe National Defense
19 Authorization Act for Fiscal Year 2023 (Public Law 117–
20 263; 136 Stat. 2676; 10 U.S.C. 129c note) is amended—
21
(1) in subsection (a), by striking ‘‘five-year pe-
22
riod’’ both places it appears and inserting ‘‘10-year
23
period’’; and
24
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1
(A) in paragraph (2), by striking ‘‘Not
2
later than two years after the date of the enact-
3
ment of this Act,’’ and inserting ‘‘During each
4
of 2024 and 2029,’’; and
5
(B) in paragraphs (3) and (4), by striking
6
‘‘three years after the date of the enactment of
7
this Act,’’ both places it appears and inserting
8
‘‘December 31, 2030,’’.
9
SEC. 714. INCLUSION OF ADDITIONAL REQUIREMENTS IN
10
NOTIFICATIONS TO MODIFY SCOPE OF SERV-
11
ICES
12
TREATMENT FACILITIES.
13
PROVIDED
AT
MILITARY
MEDICAL
Section 1073d(f)(2) of title 10, United States Code,
14 is amended—
15
(1) by striking ‘‘information demonstrating’’;
16
(2) by striking ‘‘the extent’’ and all that follows
17
through the period at the end and inserting ‘‘the fol-
18
lowing:’’; and
19
(3) by adding at the end the following:
20
‘‘(A) An endorsement from the Chairman of the
21
Joint Chiefs of Staff that the proposed modification
22
will have no effect on operational requirements of
23
the armed forces.
24
‘‘(B) An endorsement from the Surgeon Gen-
25
eral of the military department concerned that the
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1
proposed modification will have no effect on the
2
training or readiness of military medical personnel
3
in the military department concerned.
4
‘‘(C) An assessment from the Director of the
5
Defense Health Agency that explains how members
6
of the armed forces and covered beneficiaries receiv-
7
ing services at the facility will continue to receive
8
care.’’.
9
SEC. 715. MILITARY MEDICAL COOPERATION ARRANGE-
10
MENTS AMONG FIVE EYES COUNTRIES.
11
(a) ARRANGEMENTS.—Subchapter II of chapter 138
12 of title 10, United States Code, is amended by adding at
13 the end the following new section:
14 ‘‘§ 2350t. Military medical cooperation arrangements
15
16
among Five Eyes countries
‘‘(a) AUTHORITY.—The Secretary of Defense may
17 enter into a bilateral or multilateral memorandum of un18 derstanding or other formal agreement with one or more
19 governments of the Five Eyes countries to support mili20 tary medical cooperation or improve operational medical
21 interoperability.
22
‘‘(b) DEFINITIONS.—In this section:
23
24
‘‘(1) The term ‘Five Eyes countries’ means the
following:
25
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1
‘‘(B) Canada.
2
‘‘(C) New Zealand.
3
‘‘(D) The United Kingdom.
4
5
‘‘(2) The term ‘military medical cooperation’
means any of the following:
6
‘‘(A) Information exchange.
7
‘‘(B) Medical interoperability, including
8
credentialing of health care personnel.
9
‘‘(C) Medical education, training, exercises,
10
and evaluation.
11
‘‘(D) Medical research, development, trials,
12
and evaluation.
13
‘‘(E) Biodefense, including with respect to
14
prevention, preparation, response, and inves-
15
tigation.
16
‘‘(F) Medical logistics, including the rec-
17
ognition of MedCM, drugs and medical equip-
18
ment.
19
‘‘(G) Patient movement.
20
‘‘(H) Any other areas for cooperation des-
21
ignated by the Secretary of Defense.
22
‘‘(3) The term ‘military medicine’ means any of
23
the following:
24
25
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1
‘‘(B) Military infectious disease.
2
‘‘(C) Chemical, biological, radiological, and
3
nuclear medical support.
4
‘‘(D) Deployed health care delivery.
5
‘‘(E) Public health, health readiness, and
6
force health protection.
7
‘‘(F) Mental health.
8
‘‘(G) Humanitarian response.
9
‘‘(H) Anomalous health incidents.
10
‘‘(I) Mass casualty management.
11
‘‘(J) Any other areas of military medicine
12
designated by the Secretary of Defense.’’.
13
(b) REPORT.—Not later than one year after the date
14 of the enactment of this Act, and annually thereafter for
15 three years, the Secretary of Defense shall submit to the
16 Committees on Armed Services of the Senate and the
17 House of Representatives, the Committee on Foreign Re18 lations of the Senate, and the Committee on Foreign Af19 fairs of the House of Representatives a report on the
20 agreements entered into and activities carried out pursu21 ant to section 2350t of title 10, United States Code, as
22 added by subsection (a), including any other areas des23 ignated by the Secretary pursuant to subsection (b) of
24 such section 2350t.
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1
SEC. 716. LICENSURE REQUIREMENT FOR HEALTH-CARE
2
3
PROFESSIONALS OF PARTNER COUNTRIES.
Section 1094(e) of title 10, United States Code, is
4 amended—
5
(1) in paragraph (1)(A), by striking ‘‘; and’’
6
and inserting ‘‘, or the official agency of the govern-
7
ment of a partner country; and’’; and
8
(2) by inserting at the end the following:
9
‘‘(3) The term ‘partner country’ means any of
10
the following:
11
‘‘(A) Australia.
12
‘‘(B) Canada.
13
‘‘(C) New Zealand.
14
‘‘(D) The United Kingdom.
15
‘‘(E) Any other country designated as a
16
partner country by the Secretary of Defense for
17
the purposes of this section.’’.
18
SEC. 717. PLAN FOR PRIORITY ASSIGNMENT OF MEDICAL
19
20
PERSONNEL OF DEPARTMENT OF DEFENSE.
(a) PLAN.—
21
(1) SUBMISSION.—Not later than April 1,
22
2026, the Secretary of Defense shall submit to the
23
Committees on Armed Services of the Senate and
24
the House of Representatives a plan for each mili-
25
tary department to prioritize the assignment of ac-
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1
tive duty medical and dental personnel to military
2
medical treatment facilities.
3
(2) IMPLEMENTATION.—Not later than Sep-
4
tember 1, 2026, the Secretary of each military de-
5
partment shall each commence carrying out the plan
6
under paragraph (1) by assigning active duty med-
7
ical and dental personnel to military medical treat-
8
ment facilities in accordance with the plan.
9
(3) UPDATES.—The Secretary of Defense, in
10
coordination with the Secretaries of the military de-
11
partments, shall provide to the Committees on
12
Armed Services of the Senate and the House of Rep-
13
resentatives updates on the implementation of the
14
plan under paragraph (1) as follows:
15
(A) On a quarterly basis until the Sec-
16
retary of Defense determines that the plan is
17
fully implemented.
18
(B) On an annual basis thereafter.
19
(b) ASSIGNMENTS.—In carrying out the plan under
20 subsection (a), the Secretary of each military department,
21 in coordination with the Director of the Defense Health
22 Agency, shall assign active duty medical and dental per23 sonnel to military medical treatment facilities in accord24 ance with the plan.
25
(c) CORRECTIVE ACTION.—
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1
(1) REQUIREMENT.—If, in the judgment of the
2
Secretary of Defense, the Secretary of a military de-
3
partment fails to comply with the plan under sub-
4
section (a), the Secretary of Defense shall issue to
5
the Secretary of the military department a directive
6
requiring corrective action by the Secretary not later
7
than 90 days after the date on which the directive
8
is issued.
9
(2) REPORT.—If the Secretary of a military de-
10
partment fails to initiate timely corrective action
11
pursuant to the directive issued by the Secretary of
12
Defense under paragraph (1), the Secretary of De-
13
fense shall submit to the Committees on Armed
14
Services of the Senate and the House of Representa-
15
tives a report on such noncompliance. Such report—
16
(A) shall include a description of corrective
17
measures to be taken, a plan of action, and
18
milestones; and
19
(B) may include recommendations for leg-
20
islative and administrative changes the Sec-
21
retary of Defense determines appropriate.
22
(d) ANNUAL REPORT.—Not later than January 1,
23 2027, and annually thereafter for a period of five years,
24 the Director of the Defense Health Agency and the Sur25 geons General of the military departments shall jointly
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1 submit to the Committees on Armed Services of the Sen2 ate and the House of Representatives a report on the state
3 of manning for active duty and civilian medical and dental
4 personnel. Such report shall include, with respect to the
5 year covered by the report, the following:
6
(1) Average civilian, contractor, and military
7
staffing levels at military medical treatment facilities
8
over the preceding year.
9
(2) The extent to which military medical treat-
10
ment facility staffing is compliant with the require-
11
ments for optimal operation of such facilities.
12
13
(3) Active duty operational medical personnel
manning shortfalls.
14
(4) Defense Health Agency civilian and con-
15
tractor hiring shortfalls, including a description of
16
resources required to fill civilian billet gaps.
17
(5) A projection of yearly budget shortfalls over
18
each of the next five years within the Defense
19
Health Agency, including a detailed description of
20
the expected effects of such shortfalls to delivering
21
health care benefits, operating the direct care net-
22
work, maintaining an adequate managed care net-
23
work, maintaining a fit and healthy fighting force,
24
training medical personnel, recruiting and retaining
25
medical personnel, planning for contingency oper-
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1
ations, and any other resourcing matters the Direc-
2
tor determines necessary and relevant.
3
(6) A description of military department-level
4
tradeoffs between operational medical requirements
5
and military medical treatment facility manning re-
6
quirements, and how each military department is
7
working to fully support both.
8
(7) A description of health care service levels at
9
military medical treatment facilities and whether
10
such facilities are adequately resourced to provide
11
enough throughput of medical care to—
12
(A) maintain efficient operation of all med-
13
ical services offered at the facilities;
14
(B) meet patient needs; and
15
(C) keep all medical and dental personnel
16
proficient with the medical skills of the profes-
17
sional.
18
(8) For military medical treatment facilities
19
that are deficient in the categories listed in para-
20
graph (7), a plan for how to bring TRICARE pro-
21
gram beneficiaries back into military medical treat-
22
ment facilities to improve and maintain operations
23
in the direct care system.
24
(9) A brief description of the major areas of
25
disagreement among the Director and each of the
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1
Surgeons General relating to manning, operating,
2
and improving the volume and quality of care at all
3
military medical treatment facilities, and a plan for
4
how to resolve such areas of disagreement going for-
5
ward.
6
SEC. 718. PLAN AND REPORT BY DEFENSE HEALTH AGENCY
7
RELATING TO CHIROPRACTIC CLINICS AT
8
MILITARY INSTALLATIONS.
9
(a) PLAN.—The Director of the Defense Health
10 Agency shall develop a plan to—
11
(1) reopen any clinic at a military installation
12
if, before the date of the enactment of this Act, such
13
clinic—
14
(A) offered chiropractic services and had
15
an average number of at least 400 visits per
16
month; and
17
(B) was closed; and
18
(2) pay chiropractors stationed at military in-
19
stallations under the General Schedule.
20
(b) REPORT.—Not later than March 31, 2026, the
21 Director of the Defense Health Agency shall submit to the
22 Committees on Armed Services of the House of Represent23 atives and the Senate a report on—
24
25
(1) the plan developed under subsection (a);
and
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1
(2) the utility of chiropractic services with re-
2
spect to the benefits of such services to members of
3
the Armed Forces, the availability of such services,
4
and the cost of such services.
5
SEC. 719. STRATEGIC INFECTIOUS DISEASE MEDICAL RE-
6
7
SEARCH PLAN.
(a) PLAN.—Not later than 90 days after the date on
8 which the President submits a budget for fiscal year 2027
9 to Congress pursuant to section 1105(a) of title 31,
10 United States Code, the Secretary of Defense, in consulta11 tion with the Secretary of each military department, shall
12 submit to the Committees on Armed Services of the House
13 of Representatives and the Senate a comprehensive, stra14 tegic infectious disease medical research plan (referred to
15 in this section as the ‘‘Plan’’).
16
(b) MATTERS TO BE INCLUDED.—The Secretary
17 shall ensure that the Plan describes the following:
18
(1) All infectious disease medical research con-
19
ducted by the Department of Defense, including the
20
coordination process, to ensure that such research is
21
linked to—
22
(A) military readiness;
23
(B) joint force requirements;
24
(C) the requirements of the commanders of
25
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1
(D) relevance to individuals eligible for
2
care at military medical treatment facilities or
3
through the TRICARE program (as defined in
4
section 1072(7) of title 10, United States
5
Code).
6
(2) The infectious disease research projects
7
funded under the Defense Health Program Account
8
under section 1100 of title 10, United States Code,
9
including projects under—
10
(A) the Congressionally Directed Medical
11
Research Program of the Department of De-
12
fense;
13
14
15
16
17
18
(B)
the
Defense
Advanced
Research
Projects Agency;
(C) the United States Army Medical Research Institute of Infectious Diseases;
(D) the Chemical and Biological Defense
Program;
19
(E) the Defense Threat Reduction Agency;
20
(F) the Armed Forces Research Institute
21
of Medical Sciences located in Thailand;
22
(G) the Naval Medical Research Unit; and
23
(H) the Walter Reed Army Institute of Re-
24
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1
2
(3) The process for ensuring synergy across the
military medical research community—
3
(A) to address gaps in military infectious
4
disease research;
5
(B) to minimize duplication of research;
6
(C) to promote collaboration within re-
7
search focus areas; and
8
(D) to leverage and modernize the existing
9
medical research and development infrastruc-
10
ture of the Department of Defense.
11
(4) The efforts of the Secretary to coordinate
12
with other departments and agencies of the Federal
13
Government to increase awareness of complementary
14
infectious disease research efforts that are being car-
15
ried out by the Federal Government.
16
(c) BUDGET DISPLAY INFORMATION.—The Secretary
17 shall submit to the President, in conjunction with the ma18 terials of the Department of Defense supporting the fiscal
19 year 2027 budget request submitted to Congress by the
20 President pursuant to section 1105(a) of title 31, United
21 States Code, and annually thereafter in conjunction with
22 each subsequent budget request through fiscal year 2032,
23 a detailed budget for carrying out the Plan that includes
24 the following:
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1
(1) The resources necessary for infectious dis-
2
ease medical research to carry out the activities de-
3
scribed in subsection (b) for the applicable fiscal
4
year
5
disaggregated by the activities described in para-
6
graphs (1) through (4) of subsection (b).
7
and
the
four
following
fiscal
years,
(2) With respect to procurement accounts—
8
(A) amounts displayed by account, budget
9
activity, line number, line item, and line item
10
title; and
11
(B) a description of the requirements for
12
such amounts specific to the Plan.
13
(3) With respect to research, development, test,
14
and evaluation accounts—
15
(A) amounts displayed by account, budget
16
activity, line number, program element, and
17
program element title; and
18
(B) a description of the requirements for
19
such amounts specific to the Plan.
20
(4) With respect to operation and maintenance
21
accounts—
22
(A) amounts displayed by account title,
23
budget activity title, line number, and sub-
24
activity group title; and
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1
(B) a description of the specific manner in
2
which such amounts will be used.
3
(5) With respect to military personnel ac-
4
counts—
5
(A) amounts displayed by account, budget
6
activity, budget subactivity, and budget sub-
7
activity title; and
8
(B) a description of the requirements for
9
such amounts specific to the Plan.
10
(6) With respect to each project under military
11
construction accounts, the country, location, project
12
title, and project amount by fiscal year.
13
14
(7) With respect to the activities described in
subsection (b)—
15
(A) amounts displayed by account title,
16
budget activity title, line number, and sub-
17
activity group title; and
18
(B) a description of the specific manner in
19
which such amounts will be used.
20
(8) With respect to each military department—
21
(A) amounts displayed by account title,
22
budget activity title, line number, and sub-
23
activity group title; and
24
25
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which such amounts will be used.
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1
(9) With respect to the amounts described in
2
each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A),
3
(6), (7)(A), and (8)(A) for a fiscal year—
4
(A) a comparison between—
5
(i) the amount requested in the budg-
6
et of the President for such fiscal year;
7
and
8
(ii) the amount projected in the pre-
9
viously submitted budget request of the
10
President for such fiscal year;
11
(B) a detailed summary of the amounts
12
obligated for the Plan during the most recently
13
concluded fiscal year; and
14
(C) a detailed comparison between—
15
(i) the amounts obligated for the Plan
16
during the most recently concluded fiscal
17
year; and
18
(ii) the amounts requested for the
19
Plan in the budget of the President for the
20
applicable fiscal year.
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1
SEC. 720. REVIEW OF DISCLOSURE REQUIREMENTS UNDER
2
PROCESSES
3
HEALTH CARE PROVIDER CREDENTIALING
4
AND PRIVILEGING OF DEPARTMENT OF DE-
5
FENSE.
6
(a) REVIEW.—
AND
FORMS
RELATING
TO
7
(1) IN GENERAL.—Not later than 180 days
8
after the date of the enactment of this Act, the Sec-
9
retary of Defense shall review all processes and
10
forms relating to health care provider credentialing
11
and privileging of covered applicants to ensure that
12
each individual who provides health care independ-
13
ently as a health-care professional at a health care
14
facility of the Department of Defense meets the re-
15
quirement of section 1094(a) of title 10, United
16
States Code.
17
(2) CENTRALIZED
CREDENTIAL SYSTEM.—In
18
carrying out section 1094(b) of title 10, United
19
States Code, the Secretary shall establish a central-
20
ized credential system that allows the commanding
21
officer of a health care facility of the Department to
22
verify the licensure of a health care professional, re-
23
gardless of the location of the facility or the Armed
24
Force in which the health care professional serves.
25
The Secretary shall ensure that not less than 90
26
percent of such verifications are completed within
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510
1
seven days of the date on which the commanding of-
2
ficer requests such verification if the request does
3
not relate to a health-care professional with an ad-
4
verse record.
5
(b) REPORT.—Not later than one year after the date
6 of the enactment of this Act, the Secretary shall submit
7 to Congress a report containing the following:
8
9
(1) The findings of the review required under
subsection (a).
10
(2) A detailed plan outlining steps the Sec-
11
retary has taken or will take pursuant to such re-
12
view, including a timeline for completion of such
13
steps.
14
(c) COVERED APPLICANT DEFINED.—In this section,
15 the term ‘‘covered applicant’’ means an applicant for a
16 position as a health-care professional (as defined in section
17 1094 of title 10, United States Code) who—
18
(1) is required to go through a credentialing
19
and privileging process; and
20
(2) provides care—
21
22
(A) at a health care facility of the Department of Defense; or
23
(B) through the civilian network of the
24
TRICARE program (as defined in section 1072
25
of title 10, United States Code).
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511
2
Subtitle C—Studies, Reports, and
Other Matters
3
SEC. 731. IMPROVEMENT OF AVAILABILITY OF CARE FOR
1
4
VETERANS
5
VIDERS OF THE DEPARTMENT OF DEFENSE.
6
FROM
FACILITIES
AND
PRO-
(a) ACTION PLANS.—
7
(1) IN GENERAL.—Pursuant to the authorities
8
under section 8111 of title 38, United States Code,
9
and section 1104 of title 10, United States Code,
10
the Secretary of Defense and the Secretary of Vet-
11
erans Affairs shall develop and implement action
12
plans at covered facilities—
13
(A) to strengthen sharing of resources be-
14
tween the Department of Defense and the De-
15
partment of Veterans Affairs under existing
16
statutory authority;
17
(B) to improve communication between the
18
Department of Veterans Affairs and pertinent
19
command and director leadership of military
20
medical treatment facilities;
21
(C) to increase utilization of military med-
22
ical treatment facilities with excess capacity or
23
space;
24
(D) to increase case volume and complexity
25
for graduate professional and other medical
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1
education programs of the Department of De-
2
fense and the Department of Veterans Affairs;
3
and
4
(E) to increase access to care for enrolled
5
veterans in areas in which a military medical
6
treatment facility is located that is identified by
7
the Secretary of Defense as having excess ca-
8
pacity or space.
9
(2) MATTERS TO BE INCLUDED.—The action
10
plans required under paragraph (1) shall include the
11
following:
12
(A) Cross-credentialing and privileging of
13
health care providers to jointly care for enrolled
14
veterans in medical facilities of the Department
15
of Defense and the Department of Veterans Af-
16
fairs.
17
(B) Expedited access to installations of the
18
Department of Defense for staff of the Depart-
19
ment of Veterans Affairs and enrolled veterans.
20
(C) The designation of a coordinator with-
21
in each covered facility to serve as a liaison be-
22
tween the Department of Defense and the De-
23
partment of Veterans Affairs and to lead the
24
implementation of such action plan.
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1
(D) A mechanism for monitoring the effec-
2
tiveness of such action plan on an ongoing
3
basis, to include establishing relevant perform-
4
ance goals and collecting data to assess
5
progress towards those goals.
6
(E) Prioritized integration of relevant in-
7
formation technology and other systems or
8
processes to enable seamless information shar-
9
ing, medical records referrals and ancillary or-
10
ders and results, payment methodologies and
11
billing processes, and workload attribution when
12
personnel of the Department of Veterans Af-
13
fairs provide services at facilities of the Depart-
14
ment of Defense or when personnel of the De-
15
partment of Defense provide services at facili-
16
ties of the Department of Veterans Affairs.
17
(F) An oversight and accountability plan
18
for the handling of adverse medical events and
19
complaints from patients or staff, including a
20
requirement to track any significant adverse
21
medical events and provide information on such
22
events in the briefing required under subsection
23
(f).
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1
(G) Any other matter that the Secretary of
2
Defense and the Secretary of Veterans Affairs
3
consider appropriate.
4
(b) APPROVAL OF ACTION PLANS.—Before any ac-
5 tion plan required under subsection (a) with respect to a
6 covered facility shall be considered complete and sub7 mitted to the appropriate committees of Congress pursu8 ant to subsection (e), the Secretary of Defense and the
9 Secretary of Veterans Affairs shall ensure that approval
10 for the action plan is obtained from—
11
(1) the co-chairs of the Department of Veterans
12
Affairs-Department of Defense Joint Executive
13
Committee established under section 320 of title 38,
14
United States Code;
15
(2) the local installation commander for the
16
covered facility of the Department of Defense; and
17
(3) the director of the relevant medical center
18
of the Department of Veterans Affairs with respect
19
to any covered facility of the Department of Vet-
20
erans Affairs.
21
(c) REQUIREMENTS RELATING TO SHARING AGREE-
22
MENTS.—
23
(1) LEAD
COORDINATOR.—The
Secretary of
24
Defense and the Secretary of Veterans Affairs shall
25
ensure that there is a lead coordinator at each facil-
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1
ity of the Department of Defense or the Department
2
of Veterans Affairs, as the case may be, with respect
3
to which there is a sharing agreement in place.
4
(2) LIST OF AGREEMENTS.—The Secretary of
5
Defense and the Secretary of Veterans Affairs shall
6
maintain on a publicly available website a list of the
7
sharing agreements in place between the medical fa-
8
cilities of the Department of Defense and the De-
9
partment of Veterans Affairs.
10
(d) PATIENT SAFETY, COMPLAINTS, AND ACCOUNT-
11
ABILITY.—
12
(1) SECURE COMPLAINT PROCESS.—
13
(A) IN GENERAL.—The Secretary of De-
14
fense and the Secretary of Veterans Affairs
15
shall establish a secure mechanism for enrolled
16
veterans to report concerns regarding care re-
17
ceived under an action plan required under sub-
18
section (a).
19
(B)
ELEMENTS
OF
MECHANISM.—The
20
mechanism established under subparagraph (A)
21
shall protect confidentiality, prohibit retaliation,
22
and ensure transmission of each complaint to
23
both the Department of Defense and the De-
24
partment of Veterans Affairs.
25
(2) DOCUMENTATION AND REVIEW.—
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1
(A) DOCUMENTATION.—The Secretary of
2
Defense and the Secretary of Veterans Affairs
3
shall maintain records of all complaints, adverse
4
events, and safety incidents involving patients
5
or staff pursuant to the action plans required
6
by subsection (a).
7
(B) REVIEW.—The records maintained
8
under subparagraph (A) shall be jointly re-
9
viewed on a quarterly basis by designated offi-
10
cials of the Department of Defense and the De-
11
partment of Veterans Affairs.
12
(3) NOTIFICATION AND INVESTIGATION.—Any
13
allegation of abuse, neglect, or misconduct involving
14
personnel of the Department of Defense in the treat-
15
ment of a veteran under an action plan shall be
16
promptly referred by the Secretary of Veterans Af-
17
fairs, the Secretary of Defense, and the commander
18
or medical center director, as applicable, of the facil-
19
ity concerned to the Office of Inspector General of
20
the Department of Defense and the Department of
21
Veterans Affairs.
22
(4) INTERIM PROTECTIVE MEASURES.—Pending
23
resolution of any investigation relating to conduct
24
under an action plan, the Secretary of Veterans Af-
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1
fairs may suspend referrals of veterans to the pro-
2
vider or facility concerned.
3
(e) SUBMISSION TO CONGRESS.—Not later than 30
4 days following the completion of the action plans required
5 under subsection (a), the Secretary of Defense and the
6 Secretary of Veterans Affairs shall submit such plans to
7 the appropriate committees of Congress.
8
(f) ANNUAL JOINT BRIEFINGS ON ACTION PLANS.—
9 Not later than one year after submitting the action plans
10 to the appropriate committees of Congress pursuant to
11 subsection (e), the Secretary of Defense and the Secretary
12 of Veterans Affairs shall provide to the appropriate com13 mittees of Congress a briefing containing—
14
(1) a status update on the progress of imple-
15
menting the action plans required under this section;
16
(2) recommendations for developing subsequent
17
action plans for each facility with respect to which
18
there is a sharing agreement in place;
19
(3) the number of patients served pursuant to
20
the action plans, broken down by facility and service
21
type;
22
(4) the number of health care providers who
23
were cross-credentialed or privileged to jointly care
24
for beneficiaries in medical facilities of the Depart-
25
ment of Defense or the Department of Veterans Af-
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1
fairs pursuant to the action plans, broken down by
2
facility and service type;
3
(5) the costs incurred and reimbursed between
4
the Department of Defense and the Department of
5
Veterans Affairs pursuant to the action plans, in-
6
cluding an accounting of the use of the DOD–VA
7
Health Care Sharing Incentive Fund established
8
under section 8111(d)(2) of title 38, United States
9
Code, if applicable;
10
(6) a summary of the effectiveness of the mech-
11
anisms developed pursuant to the action plans re-
12
lated to oversight, accountability, data-gathering,
13
and performance goals as well as any recommenda-
14
tions for improving such mechanisms;
15
(7) a summary of any patient safety incidents
16
or complaints and associated resolutions as well as
17
any recommendations for improving the patient safe-
18
ty and complaint resolution process under the ac-
19
tions plans; and
20
(8) a summary of the integration of information
21
technology and other systems pursuant to the action
22
plans as well as barriers to further integration and
23
recommendations for improving such integration.
24
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
25 tion shall be construed to allow the Department of Defense
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1 or the Department of Veterans Affairs to require a veteran
2 to seek care at a facility of the Department of Defense
3 or to allow military medical treatment facilities to be used
4 as a facility of the Department of Veterans Affairs for
5 purposes of determining eligibility of veterans for care
6 from a non-Department of Veterans Affairs provider
7 under the eligibility access standards developed under sec8 tion 1703B of title 38, United States Code.
9
(h) SUNSET.—This section shall terminate on Sep-
10 tember 30, 2028.
11
(i) DEFINITIONS.—In this section:
12
13
(1) The term ‘‘appropriate committees of Congress’’ means—
14
(A) the Committee on Armed Services and
15
the Committee on Veterans’ Affairs of the Sen-
16
ate; and
17
(B) the Committee on Armed Services and
18
the Committee on Veterans’ Affairs of the
19
House of Representatives.
20
(2) The term ‘‘covered facility’’ means—
21
(A) a military medical treatment facility
22
(as such term is defined in section 1073c of
23
title 10, United States Code); or
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1
(B) a medical facility of the Department of
2
Veterans Affairs described in section 8101(3) of
3
title 38, United States Code.
4
(3) The term ‘‘enrolled veteran’’ means a vet-
5
eran enrolled in the patient enrollment system of the
6
Department of Veterans Affairs established and op-
7
erated under section 1705(a) of title 38, United
8
States Code.
9
(4) The term ‘‘sharing agreement’’ means an
10
agreement for the sharing of health-care resources
11
between the Department of Defense and the Depart-
12
ment of Veterans Affairs under section 1104 of title
13
10, United States Code, or section 8111 of title 38,
14
United States Code.
15
(5) The term ‘‘veteran’’ has the meaning given
16
that term in section 101 of title 38, United States
17
Code.
18
SEC. 732. PROHIBITION ON PAINFUL RESEARCH ON DOMES-
19
20
TIC CATS AND DOGS.
(a) PROHIBITION.—Except as provided by subsection
21 (b) or (c), the Secretary of Defense may not conduct, or
22 support the conduct of, painful research on a domestic cat
23 (Felis catus) or a domestic dog (Canis familiaris).
24
(b) EXCEPTION.—The prohibition in subsection (a)
25 shall not apply with respect to any physical exam, training
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1 program, or study relating to service animals or military
2 animals.
3
(c) WAIVER.—The Secretary of Defense may waive
4 the prohibition in subsection (a) on a case-by-case basis
5 if the Secretary—
6
7
(1) determines that the waiver is in the national
security interests of the United States; and
8
(2) not later than 30 days after the date on
9
which the Secretary makes the waiver, submits to
10
the congressional defense committees a detailed jus-
11
tification for the waiver, including—
12
(A) an identification of the Department of
13
Defense account from which funds would be ob-
14
ligated or expended to conduct, or support the
15
conduct of, the proposed research covered by
16
the waiver;
17
18
19
20
(B) an identification of the amount of such
funds;
(C) an identification of the intended purpose of such funds;
21
(D) an identification of the recipient or
22
prospective recipient of such funds (including
23
any nongovernmental recipient, as applicable);
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1
(E) an explanation for how the waiver is in
2
the national security interests of the United
3
States; and
4
(F) any other information the Secretary
5
determines appropriate.
6
(d) DEFINITIONS.—In this section:
7
(1) The term ‘‘military animal’’ has the mean-
8
ing given the term in section 2583(i)(1) of title 10,
9
United States Code.
10
(2) The term ‘‘painful research’’ includes any
11
research, biomedical training, experimentation, or bi-
12
ological testing, classified in pain category D or E
13
by the Department of Agriculture.
14
(3) The term ‘‘service animal’’ has the meaning
15
given the term in section 37.3 of title 49, Code of
16
Federal Regulations, or such successor regulation.
17
SEC. 733. PILOT PROGRAM ON WASTEWATER SURVEIL-
18
LANCE SYSTEM OF DEPARTMENT OF DE-
19
FENSE.
20
(a) PILOT PROGRAM REQUIRED.—Commencing not
21 later than 180 days after the date of the enactment of
22 this Act, the Secretary of Defense shall carry out a pilot
23 program under which the Secretary shall develop and im24 plement a comprehensive wastewater surveillance system
25 at not fewer than four installations of a military depart-
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1 ment at which the Secretary seeks to identify the preva2 lence of infectious diseases among members of the Armed
3 Forces at the installation (in this section referred to as
4 the ‘‘pilot program’’).
5
(b) TECHNOLOGIES AND DATA SYSTEM USED.—In
6 carrying out the pilot program, the Secretary shall ensure
7 the system developed and implemented under subsection
8 (a) is comprised of appropriate technologies and a uniform
9 data system across the Department of Defense.
10
(c) DURATION.—The pilot program shall be carried
11 out during a two-year period beginning on the date of the
12 commencement of the pilot program.
13
(d) REPORT.—Not later than 90 days after the termi-
14 nation of the pilot program, the Secretary shall submit
15 to the congressional defense committees a report that in16 cludes the following:
17
(1) A summary of the findings from the waste-
18
water surveillance system under the pilot program.
19
(2) Recommendations for interventions or policy
20
changes based on trends observed under the pilot
21
program.
22
(3) An assessment of the effectiveness of the
23
pilot program in enhancing force health protection
24
and readiness.
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1
SEC. 734. PILOT PROGRAM TO ASSIST CERTAIN MEMBERS
2
OF THE ARMED FORCES AND DEPENDENTS
3
WITH
4
ERAGE RELATING TO CANCER.
5
ADDITIONAL
SUPPLEMENTAL
COV-
(a) ESTABLISHMENT.—Not later than September 30,
6 2027, the Secretary of Defense shall establish a pilot pro7 gram under which a covered individual may obtain supple8 mental insurance for noncovered expenses under a fixed
9 indemnity supplemental benefit plan described in sub10 section (b)(1) (in this section referred to as the ‘‘pilot pro11 gram’’). The Secretary shall carry out such program until
12 the date on which the last agreement terminates pursuant
13 to subsection (b)(2).
14
(b) AGREEMENT.—
15
(1) IN GENERAL.—In carrying out the pilot
16
program, the Secretary shall enter into an agree-
17
ment with not fewer than two companies to each
18
offer one or more fixed indemnity supplemental ben-
19
efit plans that—
20
(A) meet the requirements for a supple-
21
mental insurance plan under section 199.2 of
22
title 32, Code of Federal Regulations, and the
23
exceptions under section 199.8(b)(4) of such
24
title, as in effect on the date of the enactment
25
of this Act;
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1
(B) are provided under a separate policy,
2
certificate, or contract; and
3
(C) are designed to help participants pay
4
noncovered expenses.
5
(2) DURATION OF AGREEMENT.—An agreement
6
entered into under paragraph (1) shall be for a pe-
7
riod of not more than three years, and may not be
8
renewed.
9
(c) PROVISION OF INFORMATION.—The Secretary
10 shall provide information to covered individuals regarding
11 the pilot program by making available on a publicly acces12 sible internet website the following information:
13
(1) A notice of availability of a fixed indemnity
14
supplemental benefit plan provided under the pilot
15
program.
16
(2) A description of how to enroll in such plan.
17
(3) A description and explanation of such plan,
18
including the diagnoses, screenings, and treatments
19
covered by the plan.
20
(4) A description of the costs to the individual
21
through premiums and remittances to a company
22
providing such plan.
23
(5) A notice that—
24
(A) the availability of a fixed indemnity
25
supplemental benefit plan provided under the
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1
pilot program does not affect the health care
2
benefits provided to covered individuals under
3
the TRICARE program; and
4
(B) covered individuals are not required to
5
purchase such a plan in order to receive health
6
care benefits covered under the TRICARE pro-
7
gram.
8
(d) ENROLLMENT.—
9
(1) ELECTION.—A covered individual may elect
10
to enroll in a fixed indemnity supplemental benefit
11
plan provided under the pilot program.
12
(2) VERIFICATION OF ELIGIBILITY.—The Sec-
13
retary shall establish procedures to determine the
14
eligibility of applicants seeking to enroll in a fixed
15
indemnity supplemental benefit plan provided under
16
the pilot program.
17
(e) LIMITATIONS ON AUTHORIZATION OF APPRO-
18
PRIATIONS.—None of the amounts authorized to be appro-
19 priated by this Act or otherwise made available for fiscal
20 year 2026 or any fiscal year thereafter to carry out the
21 pilot program may be used to subsidize the cost of a fixed
22 indemnity supplemental benefit plan provided under the
23 pilot program.
24
(f) BRIEFING.—Not later than one year after the
25 date on which the pilot program commences and annually
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1 thereafter during the life of the pilot program, the Sec2 retary shall provide to the Committees on Armed Services
3 of the Senate and the House of Representatives a briefing
4 regarding the pilot program, including the following:
5
(1) A description of the insurance products pro-
6
vided through a fixed indemnity supplemental ben-
7
efit plan provided under the pilot program.
8
9
(2) The number of covered individuals who enrolled in such a plan.
10
11
(3) Feedback and examples of use cases by
such individuals.
12
(4) A determination by the Secretary with re-
13
spect to whether the pilot program should be made
14
permanent.
15
(g) DEFINITIONS.—In this section:
16
17
(1) The term ‘‘covered individual’’ means the
following:
18
(A) A member of the regular component of
19
the Army, Navy, Marine Corps, Air Force, or
20
Space Force.
21
(B) A dependent (as defined in section
22
1072 of title 10, United States Code) of such
23
a member who is enrolled in the TRICARE
24
program.
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1
(2) The term ‘‘noncovered expense’’ means,
2
with respect to a covered individual, any expenses
3
relating to the screening for and diagnosis and treat-
4
ment of cancer that are not otherwise covered by the
5
health care benefits the individuals receives under
6
chapter 55 of title 10, United States Code, or any
7
other benefit provided by the Secretary of Defense.
8
(3) The term ‘‘TRICARE program’’ has the
9
meaning given that term in section 1072 of title 10,
10
United States Code.
11
SEC. 735. STUDY ON ACCREDITATION OF MILITARY DENTAL
12
13
TREATMENT FACILITIES.
(a) STUDY REQUIRED.—The Inspector General of
14 the Department of Defense shall conduct a study on the
15 accreditation of military dental treatment facilities. Such
16 study shall include the following:
17
(1) An identification of the number and per-
18
centage of military dental treatment facilities that
19
have not achieved accreditation.
20
(2) An analysis of any barriers, including ad-
21
ministrative or operational barriers, impeding the
22
achievement of such accreditation requirement with
23
respect to military dental treatment facilities.
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1
(3) An assessment of the resources, including
2
personnel, training, and infrastructure resources,
3
necessary to achieve accreditation.
4
(4) An estimate of the costs necessary to bring
5
any unaccredited military dental treatment facility
6
into compliance with such accreditation requirement.
7
(5) Recommendations for any administrative,
8
legislative, or other action necessary to ensure the
9
full implementation of such accreditation require-
10
ment.
11
(b) REPORT.—Not later than one year after the date
12 of the enactment of this Act, the Inspector General of the
13 Department of Defense shall submit to the Committees
14 on Armed Services of the House of Representatives and
15 the Senate a report on the study under subsection (a).
16 Such report shall include—
17
(1) the findings of the study;
18
(2) a plan to ensure the accreditation of mili-
19
tary dental treatment facilities; and
20
(3) any recommendations by the Inspector Gen-
21
eral for additional resources or legislative authority
22
necessary to achieve full accreditation of military
23
dental treatment facilities.
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1
SEC. 736. STUDY ON PREVALENCE AND MORTALITY OF
2
CANCER AMONG MILITARY ROTARY-WING PI-
3
LOTS AND AVIATION SUPPORT PERSONNEL.
4
(a) STUDY REQUIRED.—The Secretary of Defense
5 shall conduct a study among covered individuals in two
6 phases as provided by this section.
7
(b) INITIAL PHASE OF STUDY.—
8
(1) GOAL OF INITIAL PHASE.—Under the initial
9
phase of the study under subsection (a), the Sec-
10
retary shall determine whether there is an increased
11
prevalence of, or increased rate of mortality caused
12
by, cancer for covered individuals as compared to
13
similarly aged individuals in the general population.
14
The Secretary may select the types of cancer to in-
15
clude in the study.
16
(2) BRIEFING.—Not later than one year after
17
the date of the enactment of this Act, the Secretary
18
shall provide to the Committees on Armed Services
19
of the House of Representatives and the Senate a
20
briefing on the findings of the phase of the study
21
under this subsection.
22
(c) SECOND PHASE OF STUDY.—
23
(1) GOAL OF SECOND PHASE.—If, pursuant to
24
the phase of the study under subsection (b), the Sec-
25
retary determines there is an increased prevalence
26
of, or increased mortality rate caused by, a type of
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1
cancer among covered individuals, the Secretary
2
shall conduct a second phase of the study to—
3
(A) identify any carcinogenic toxin or other
4
hazardous material associated with the oper-
5
ation of military rotary-wing aircraft, such as
6
fumes, fuels, or other liquids;
7
(B) identify any operating environment, in-
8
cluding frequencies or electromagnetic fields, in
9
which covered individuals may have received ex-
10
cess exposure to non-ionizing radiation in the
11
course of such operation, including non-ionizing
12
radiation associated with airborne, ground, or
13
shipboard radars; and
14
(C) identify potential exposures as a result
15
of military service by covered individuals to car-
16
cinogenic toxins or other hazardous materials
17
not associated with the operation of military ro-
18
tary-wing aircraft (such as exposure to burn
19
pits, toxins in contaminated water, or toxins
20
embedded in soils), including by determining—
21
(i) the locations of such service; and
22
(ii) any duties of covered individuals
23
unrelated to such operation and associated
24
with an increased prevalence of, or in-
25
creased mortality rate caused by, cancer.
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1
(2) REPORT ON SECOND PHASE.—If the Sec-
2
retary conducts the phase of the study under this
3
subsection, not later than one year after the date on
4
which the Secretary provides the briefing under sub-
5
section (b)(2), the Secretary shall submit to the
6
Committees on Armed Services of the House of Rep-
7
resentatives and the Senate a report on the findings
8
of such phase.
9
(3) DATA FORMAT.—The Secretary shall format
10
any data resulting from the phase of the study
11
under this subsection consistent with the formatting
12
of data under the Surveillance, Epidemiology, and
13
End Results program, including by disaggregating
14
such data by race, gender, and age.
15
(d) SOURCES OF DATA.—In conducting the study
16 under this section, the Secretary shall use data from—
17
18
(1) the database of the Surveillance, Epidemiology, and End Results program;
19
(2) the study conducted under section 750 of
20
the National Defense Authorization Act for Fiscal
21
Year 2021 (Public Law 116–283; 134 Stat. 3716);
22
and
23
(3) any other study previously conducted by the
24
Secretary of a military department that the Sec-
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1
retary determines relevant for purposes of this sec-
2
tion.
3
(e) DEFINITIONS.—In this section:
4
(1) The term ‘‘covered Armed Force’’ means
5
the Army, Navy, Marine Corps, Air Force, or Space
6
Force.
7
8
(2) The term ‘‘covered individual’’ means any
individual who—
9
(A) served in a covered Armed Force on or
10
after February 28, 1961, as an aircrew member
11
of a rotary-wing aircraft (including as a pilot or
12
aviation support personnel), without regard to
13
the status, position, rank, or grade of the indi-
14
vidual within such crew; and
15
(B) receives health care benefits under
16
chapter 55 of title 10, United States Code.
17
SEC. 737. STUDY ON PSYCHOLOGICAL EFFECTS OF AND
18
MENTAL HEALTH EFFECTS OF UNMANNED
19
AIRCRAFT
20
ATIONS.
21
SYSTEMS
IN
COMBAT
OPER-
(a) STUDY REQUIRED.—The Secretary of Defense
22 shall conduct a comprehensive study on the psychological
23 effects and mental health effects of members of the Armed
24 Forces and civilian personnel who operate or support un25 manned aircraft systems in combat operations.
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1
(b) ELEMENTS.—The study under subsection (a)
2 shall include the following:
3
(1) An assessment of the prevalence of post-
4
traumatic stress disorder, depression, anxiety, burn-
5
out, moral injury, and other mental health condi-
6
tions among members of the Armed Forces and ci-
7
vilian personnel who—
8
(A) pilot or operate unmanned aircraft sys-
9
tems in combat operations; or
10
(B) analyze combat imagery and conduct
11
targeting assessments for such systems.
12
(2) A comparative analysis of the mental health
13
outcomes of such individuals relative to—
14
(A) aircrew engaged in crewed combat op-
15
erations; and
16
(B) personnel deployed in non-flying com-
17
bat roles.
18
(3) An evaluation of operational stressors
19
unique to the use of unmanned aircraft systems in
20
combat operations, including—
21
(A) shift work and sleep disruption;
22
(B) remote witnessing of lethal operations;
23
(C) emotional disengagement and isolation;
24
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1
(D) exposure to civilian casualties or trau-
2
matic visual content.
3
(4) An assessment of existing mental health
4
support services of the Department of Defense avail-
5
able to members of the Armed Forces and other per-
6
sonnel who operate or support unmanned aircraft
7
systems in combat operations and whether such
8
services are adequate, accessible, and appropriately
9
tailored.
10
(5) Recommendations to improve mental health
11
screening, treatment, and prevention for such mem-
12
bers and personnel.
13
(c) CONSULTATION.—In conducting the study under
14 subsection (a), the Secretary shall consult with—
15
(1) the Surgeons General of the Armed Forces;
16
(2) the Under Secretary of Defense for Per-
17
sonnel and Readiness;
18
19
(3) the Director of the Defense Health Agency;
and
20
(4) appropriate scientific institutions with ex-
21
pertise in combat psychology and remote warfare.
22
(d) REPORT.—Not later than one year after the date
23 of the enactment of this Act, the Secretary of Defense
24 shall submit to the Committees on Armed Services of the
25 Senate and the House of Representatives an unclassified
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1 report on the results of the study conducted under this
2 section, including the recommendations described in sub3 section (b)(5).
TITLE VIII—ACQUISITION POL5
ICY, ACQUISITION MANAGE6
MENT, AND RELATED MAT7
TERS
4
Subtitle A—Acquisition Policy and Management
Sec. 801. Assumption of uninsurable risk on certain contracts.
Sec. 802. Changes to certain documents.
Sec. 803. Pilot program for financing for covered activities.
Sec. 804. Multiyear procurement authority for covered systems and certain munitions.
Sec. 805. Addressing insufficiencies in technical data.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeals of existing law to streamline the defense acquisition process.
Sec. 812. Modifications to current defense acquisition requirements.
Sec. 813. Modification to award amount for program to accelerate the procurement and fielding of innovative technologies.
Sec. 814. Additional amendments related to undefinitized contractual actions.
Sec. 815. Amendment to procurement of services data analysis and requirements validation.
Sec. 816. Modification of program and processes relating to foreign acquisition.
Sec. 817. Review of Department of Defense Instruction relating to conventional
ammunition management.
Subtitle C—Provisions Relating to Workforce Development
Sec. 821. Improvements to public-private talent exchange.
Sec. 822. Modifications to requirements for the President of the Defense Acquisition University.
Sec. 823. Hiring authorities for Defense Civilian Training Corps.
Sec. 824. Increasing competition in defense contracting.
Sec. 825. Report on strengthening the Defense Acquisition University.
Sec. 826. Restructuring of performance evaluation metrics for the acquisition
workforce.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 831. Applicability of Berry Amendment to procurement of certain seafood.
Sec. 832. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 833. Interim national security waivers for supply chain illumination efforts.
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Sec. 834. Strategy to eliminate acquisition of optical glass from certain nations.
Sec. 835. Strategy to eliminate sourcing of computer displays from certain nations.
Sec. 836. Voluntary registration of compliance with covered sourcing requirements for covered products.
Sec. 837. Acceleration of qualification of compliant sources.
Sec. 838. Assessment of critical infrastructure owned by the Department of Defense dependent on foreign materials or components.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 841. Requirements relating to long-term concessions agreements with certain retailers.
Sec. 842. Prohibition on acquisition of advanced batteries from certain foreign
sources.
Sec. 843. Application of national security waiver for strategic materials
sourcing requirement to sensitive materials.
Sec. 844. Prohibition of procurement of molybdenum, gallium, or germanium
from non-allied foreign nations and authorization for production from recovered material.
Sec. 845. Modifications to certain procurements from certain Chinese entities.
Sec. 846. Modifications to prohibition on contracting with persons that have
fossil fuel operations with the Government of the Russian Federation or the Russian energy sector.
Sec. 847. Prohibiting the purchase of photovoltaic modules or inverters from
foreign entities of concern.
Sec. 848. Clarification of procurement prohibition related to acquisition of materials mined, refined, and separated in certain countries.
Sec. 849. Prohibition on procurement related to certain additive manufacturing
machines.
Sec. 850. Phase-out of computer and printer acquisitions involving entities
owned or controlled by China.
Sec. 851. Prohibition on contracting with certain biotechnology providers.
Subtitle F—Industrial Base Matters
Sec. 861. Amendments to the procurement technical assistance program.
Sec. 862. Repeal of limitations on certain Department of Defense Executive
Agent authority.
Sec. 863. Special Operations Command Urgent Innovative Technologies and
Capabilities Initiative.
Sec. 864. United States-Israel Defense Industrial Base Working Group.
Sec. 865. Improving the domestic textile and industrial base.
Sec. 866. Cybersecurity regulatory harmonization.
Sec. 867. Modifications to defense industrial base fund.
Subtitle G—Other Matters
Sec. 871. Modification to demonstration and prototyping program to advance
international product support capabilities in a contested logistics environment.
Sec. 872. Contested logistics exercise requirement.
Sec. 873. Combatant command experimentation authority.
Sec. 874. Annual report on contract cancellations and terminations.
Sec. 875. Ability to withhold contract payments during period of pendancy of
a bid protest.
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Sec. 876. Indemnification of contractors against nuclear and unusually hazardous risks.
Sec. 877. Enhanced security strategy for procurement of private fifth-generation wireless technology.
2
Subtitle A—Acquisition Policy and
Management
3
SEC. 801. ASSUMPTION OF UNINSURABLE RISK ON CER-
1
4
5
TAIN CONTRACTS.
(a) IN GENERAL.—Chapter 281 of title 10, United
6 States Code, is amended by adding at the end the fol7 lowing new section:
8 ‘‘§ 3864. Assumption of uninsurable risk on certain
9
10
contracts
‘‘(a) IN GENERAL.—The Secretary of Defense shall
11 ensure that a contractor is not required to assume the risk
12 of loss for work in process under a covered contract if,
13 due to the classified nature of the performance of such
14 contractor under such covered contract—
15
‘‘(1) such contractor is unable to obtain insur-
16
ance for such risk of loss from a commercial pro-
17
vider; or
18
‘‘(2) a commercial provider is unable to process
19
a claim of such contractor for loss of work in process
20
under such covered contract.
21
‘‘(b) LIMITATIONS.—Subsection (a) shall not apply
22 with respect to a loss of work in process under a covered
23 contract to the extent that such loss—
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1
‘‘(1) is the result of willful misconduct or lack
2
of good faith on the part of the managerial per-
3
sonnel of the contractor, including with respect to
4
the oversight of subcontractors by the contractor; or
5
‘‘(2) is the result of workmanship error by the
6
contractor.
7
‘‘(c) DEFINITIONS.—In this section:
8
‘‘(1) The term ‘classified contract’ means a con-
9
tract the performance of which requires a contractor
10
performing under such contract, or an employee of
11
such contractor, to have access to classified informa-
12
tion.
13
‘‘(2) The term ‘covered contract’ means a clas-
14
sified, fixed-price type contract for the acquisition of
15
a product entered into by the Department of De-
16
fense after the enactment of this Act.
17
‘‘(3) The term ‘work in process’ means an item
18
at any stage of production or manufacture at any
19
time from the initiation of contract performance
20
until delivery to and acceptance by the Government.
21
‘‘(4) The term ‘workmanship error’ means dam-
22
age to work in process that is a result of an incor-
23
rectly performed skill-based task, operation, or ac-
24
tion that was originally planned or intended.’’.
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1
(b) REGULATIONS.—Not later than 120 days after
2 the date of the enactment of this Act, the Secretary of
3 Defense shall revise the Defense Federal Acquisition Reg4 ulation Supplement to carry out section 3864 of title 10,
5 United States Code, as added by subsection (a).
6
7
SEC. 802. CHANGES TO CERTAIN DOCUMENTS.
(a) IN GENERAL.—Chapter 361 of title 10, United
8 States Code, is amended by adding at the end the fol9 lowing new section:
10 ‘‘§ 4604. Changes to certain documents
11
‘‘(a) IN GENERAL.—Each document referred to in a
12 contract or other agreement for procurement entered into
13 by the Secretary of Defense shall include a notation that—
14
‘‘(1) provides the version of such document that
15
is applicable to such contract or other agreement;
16
and
17
‘‘(2) indicates whether any changes have been
18
made to such document after the issuance of the so-
19
licitation pursuant to which such contract or other
20
agreement was entered into.
21
‘‘(b) UNNOTATED DOCUMENTS.—With respect to a
22 document referred to in a contract or other agreement de23 scribed in subsection (a) that does not include the notation
24 required under such subsection, the version of the docu25 ment that shall apply with respect to such contract or
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1 other agreement is the version in effect at the time of the
2 issuance of the solicitation pursuant to which such con3 tract or other agreement was entered into.’’.
4
(b) APPLICABILITY.—The amendment made by sub-
5 section (a) shall apply with respect to a contract or other
6 agreement entered into after the date of the enactment
7 of this Act.
8
SEC. 803. PILOT PROGRAM FOR FINANCING FOR COVERED
9
10
ACTIVITIES.
(a) PILOT PROGRAM.—The Secretary of Defense may
11 establish a pilot program to evaluate the feasibility, risks,
12 and benefits of expanding contract cost principles and pro13 cedures of the Department of Defense to allow for financ14 ing costs incurred for a covered activity under a covered
15 contract to be considered allowable and allocable as a di16 rect or indirect cost for such covered contract.
17
(b) PROGRAM AUTHORITIES AND REQUIREMENTS.—
18 Under a pilot program established under subsection (a),
19 the Secretary of Defense—
20
(1) may treat financing costs incurred for a
21
covered activity under a covered contract as allow-
22
able and allocable as a direct or an indirect cost for
23
such covered contract, provided—
24
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1
(i) reasonable in amount and con-
2
sistent with prevailing market rates for
3
similar financing; and
4
(ii) incurred to pay a financing entity;
5
and
6
(B) such covered activity is performed in
7
compliance with the applicable requirements of
8
the Department of Defense for audits of mate-
9
rial and inventory management; and
10
(2) shall ensure that with respect to a covered
11
contract for which financing costs are allowable and
12
allocable under the pilot program, any obligation of
13
the United States to make a payment under such
14
covered contract is subject to the availability of ap-
15
propriations for that purpose, and that total liability
16
to the Government for the termination of such cov-
17
ered contract shall be limited to the total amount of
18
funding obligated at the time of termination.
19
(c) SUBCONTRACTOR STATUS.—For the purposes of
20 a pilot program established under (a), a financing entity
21 may not be considered a subcontractor solely because of
22 the participation of such financing entity in a covered ac23 tivity.
24
(d) BRIEFING.—Prior to establishing a pilot program
25 under subsection (a), the Secretary of Defense shall pro-
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1 vide to the congressional defense committees a briefing on
2 how the Department of Defense will ensure the compliance
3 of a financing entity who is not treated as a subcontractor
4 with the applicable requirements of the Department of De5 fense for audits of material and inventory management,
6 including any updates to the policies or regulations of the
7 Department required to ensure such compliance.
8
(e) REPORT AND RECOMMENDATIONS.—Not later
9 than February 15, 2028, the Secretary of Defense shall
10 submit to the congressional defense committees a report
11 on the pilot program established under subsection (a), if
12 any, including an assessment of the feasibility, risks, and
13 benefits of authorizing the financing costs incurred by a
14 contractor for a covered activity under a covered contract
15 to be considered allowable and allocable as a direct or indi16 rect cost for such covered contract, and recommendations
17 on whether the pilot program should be extended or the
18 authority under the pilot program should be made perma19 nent.
20
(f) SUNSET.—The Secretary of Defense may not au-
21 thorize the treatment of financing costs incurred for a cov22 ered activity under a covered contract as allowable and
23 allocable as a direct or an indirect cost for such covered
24 contract under the pilot program established under sub-
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1 section (a) if such covered contract is entered into on or
2 after December 31, 2029.
3
(g) DEFINITIONS.—In this section:
4
(1) The term ‘‘covered activity’’ means an activ-
5
ity taken by a prime contractor or subcontractor—
6
(A) to manage an inventory of completed
7
products or components used in production;
8
(B) to improve inventory management of
9
products
10
sustainment or maintenance; or
or
components
necessary
for
11
(C) to materially expand the capacity of
12
production or sustainment and maintenance
13
through capital expenditures.
14
(2) The term ‘‘covered contract’’ means a con-
15
tract, subcontract, or other agreement entered into
16
by the Secretary of Defense for the performance of
17
a covered activity.
18
(3) The term ‘‘financing costs’’ means interest
19
on borrowings, bond discounts, and costs of financ-
20
ing and refinancing capital.
21
(4) The term ‘‘financing entity’’ means—
22
(A) any corporation, limited liability com-
23
pany, partnership, trust, or other entity that—
24
(i) is organized under Federal or
25
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1
(ii) as part of its regular business ac-
2
tivities, extends credit, loans, or other
3
forms of financing to other persons or enti-
4
ties; and
5
(B) provided that such legal entity is not
6
owned by, controlled by, or under common con-
7
trol with the other persons or entities receiving
8
such financing.
9
SEC. 804. MULTIYEAR PROCUREMENT AUTHORITY FOR
10
COVERED
11
TIONS.
12
13
SYSTEMS
AND
CERTAIN
MUNI-
(a) MULTIYEAR PROCUREMENT FOR COVERED SYSTEMS.—
14
(1) IN GENERAL.—Subject to section 3501 of
15
title 10, United States Code, the Secretary of the
16
Defense shall submit to Congress a request for a
17
specific authorization to enter into one or more
18
multiyear contracts for the procurement of a covered
19
system if—
20
(A) a decision has been made by the re-
21
sponsible head of agency to proceed to full-rate
22
production for such covered system; and
23
(B) such covered system is planned to
24
maintain full-rate production for a period of
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1
five or more consecutive years after entering
2
into such a contract.
3
(2) WAIVER.—The Secretary of Defense may
4
waive the requirements of paragraph (1) if the Sec-
5
retary determines that the projected threat environ-
6
ment in which the covered system is to be fielded
7
has changed in a manner such that the procurement
8
of such covered system is no longer necessary.
9
(3) APPLICABILITY.—This section and the re-
10
quirements of this section shall apply with respect to
11
a multiyear contract for the procurement of a cov-
12
ered system entered into on or after the date of the
13
enactment of this Act.
14
(4) COVERED SYSTEM DEFINED.—In this sub-
15
section, the term ‘‘covered system’’ has the meaning
16
given ‘‘major system’’ in section 3041 of title 10,
17
United States Code.
18
(b) MULTIYEAR PROCUREMENT FOR CERTAIN MUNI-
19
TIONS.—
20
(1) IN GENERAL.—Except as provided in para-
21
graph (3), subject to section 3501 of title 10, United
22
States Code, the head of an agency is authorized to
23
enter into one or more multiyear contracts, begin-
24
ning in fiscal year 2026, for the procurement of any
25
of the following:
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1
(A) Standard Missile-3 (‘‘SM–3’’) Block
2
1B missile systems (and products, services, and
3
logistics support associated with SM–3 Block
4
1B systems or a subsystem that performs a
5
critical function of the missile system).
6
(B) Standard Missile-6 (‘‘SM–6’’) missile
7
systems (and products, services, and logistics
8
support associated with SM–6 systems or a
9
subsystem that performs a critical function of
10
the missile system).
11
(C) Tomahawk Cruise Missile systems, in-
12
cluding both Tomahawk Cruise Missile system
13
variants (and products, services, and logistics
14
support associated with Tomahawk Cruise Mis-
15
sile systems or a subsystem that performs a
16
critical function of the missile system), for more
17
than one, but not more than seven, program
18
years.
19
(D) Advanced Medium-Range Air-to-Air
20
Missile (‘‘AMRAAM’’) systems (and products,
21
services, and logistics support associated with
22
AMRAAM systems or a subsystem that per-
23
forms a critical function of the missile system).
24
(E) Joint Air-to-Surface Standoff Missile
25
(‘‘JASSM’’) systems (and products, services,
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1
and logistics support associated with JASSM
2
systems or a subsystem that performs a critical
3
function of the missile system).
4
(F)
Long
Range
Anti-Ship
Missile
5
(‘‘LRASM’’) systems (and products, services,
6
and logistics support associated with LRASM
7
systems or a subsystem that performs a critical
8
function of the missile system).
9
(G) Terminal High Altitude Area Defense
10
(‘‘THAAD’’) systems (and products, services,
11
and logistics support associated with THAAD
12
systems or a subsystem that performs a critical
13
function of the missile system), for more than
14
one, but not more than seven, program years.
15
(H)
Patriot
Advanced
Capability-3
16
(‘‘PAC–3’’)
Missile
Segment
Enhancement
17
(MSE) systems (and products, services, and lo-
18
gistics support associated with PAC–3 MSE
19
systems or a subsystem that performs a critical
20
function of the missile system), for more than
21
one, but not more than seven, program years.
22
(I) Family of Affordable Mass Munitions
23
(‘‘FAMM’’), Extended-Range Attack Munition
24
(‘‘ERAM’’), Enterprise Test Vehicle (‘‘ETV’’),
25
or ground-launched low-cost cruise missile sys-
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1
tems (and products, services, and logistics sup-
2
port associated with FAMM, ERAM, ETV, or
3
ground-launched low-cost cruise missile systems
4
or a subsystem that performs a critical function
5
of the missile system).
6
(J) Low-cost hypersonic strike systems
7
(and products, services, and logistics support
8
associated with low-cost hypersonic strike sys-
9
tems or a subsystem that performs a critical
10
function of the missile system).
11
(2) PROCUREMENT IN CONJUNCTION WITH EX-
12
ISTING CONTRACTS.—The
13
described in paragraph (1) may be procured through
14
modifications or extensions to any existing contract
15
for such systems and subsystems.
16
(3) LIMITED
systems and subsystems
APPLICABILITY
OF
MULTIYEAR
17
CONTRACTING
18
(3)(C), (3)(D), and (4) of subsection (i) of section
19
3501 of title 10, United States Code, shall not apply
20
with respect to a multiyear contract entered into
21
under this subsection.
22
PROVISION.—Paragraphs
(3)(B),
(4) ADDITIONAL REQUIREMENTS.—
23
(A) DESIGN STABILITY.—Notwithstanding
24
subsection 3501(a)(4) of this title, with respect
25
to a multiyear contract entered into under this
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1
subsection that provides, in the terms of such
2
contract included on the date on which such
3
contract is entered into, for the potential inser-
4
tion of upgraded components or design changes
5
that address obsolescence or producibility re-
6
quirements, such upgraded components or de-
7
sign changes may be included in the end prod-
8
uct if, not later than 180 days before the inser-
9
tion of such upgraded components or design
10
changes, the head of an agency that is a party
11
to such contract provides to the congressional
12
defense committees a briefing on such upgraded
13
components or design changes, including a test-
14
ing plan to ensure such upgraded components
15
or design changes will meet system require-
16
ments.
17
(B) CERTIFICATION
REQUIREMENTS.—In
18
applying the requirements of subsection (i)(3)
19
of section 3501 of title 10, United States Code,
20
to a multiyear contract entered into under this
21
subsection, the Secretary of Defense may not
22
make the certification described in such sub-
23
section—
24
(i) for Tomahawk Cruise Missile sys-
25
tems described in paragraph (1)(C), until
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1
the Secretary has provided a certification
2
for FAMM, ERAM, ETV, or ground-
3
launched low-cost cruise missile systems
4
described in paragraph (1)(I);
5
(ii) for JASSM systems described in
6
paragraph (1)(E), until the Secretary has
7
provided
8
ERAM, ETV, or ground-launched low-cost
9
cruise missile systems described in para-
10
graph (1)(I);and
a
certification
for
FAMM,
11
(iii) for SM–6 missile systems de-
12
scribed in paragraph (1)(B), until the Sec-
13
retary has provided a certification for low-
14
cost hypersonic strike systems described in
15
paragraph (1)(J).
16
(5)
AUTHORITY
FOR
ADVANCE
PROCURE-
17
MENT.—The head of an agency may enter into one
18
or more contracts for advance procurement, begin-
19
ning in fiscal year 2026, associated with a system or
20
subsystem described in paragraph (1) for which au-
21
thorization to enter into a multiyear procurement
22
contract is provided under such paragraph, which
23
may include procurement of economic order quan-
24
tities of material and equipment when cost savings
25
are achievable.
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1
(6) CONDITION FOR OUT-YEAR CONTRACT PAY-
2
MENTS.—A
3
(1) shall provide that any obligation of the United
4
States to make a payment under the contract for a
5
fiscal year after fiscal year 2026 is subject to the
6
availability of appropriations for that purpose for
7
such later fiscal year.
contract entered into under paragraph
8
(7) HEAD OF AN AGENCY DEFINED.—In this
9
subsection, the term ‘‘head of an agency’’ means—
10
(A) the Secretary of Defense;
11
(B) the Secretary of the Army;
12
(C) the Secretary of the Navy; or
13
(D) the Secretary of the Air Force.
14
(c) CLARIFICATION TO USE OF MULTIYEAR CON-
15
TRACT AUTHORITY.—Section
3501(a)(1)(A) of title 10,
16 United States Code, is amended by striking ‘‘significant’’.
17
SEC. 805. ADDRESSING INSUFFICIENCIES IN TECHNICAL
18
DATA.
19
(a) ESTABLISHMENT
20
OF
TECHNICAL DATA SYS-
TEM.—Not later than 90 days after the date of the enact-
21 ment of this Act, the Secretary of Defense shall develop
22 and implement a digital system to track, manage, and en23 able the assessment of covered data related to covered sys24 tems, and to verify the compliance of contractors and sub-
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1 contractors with contract requirements related to technical
2 data for covered systems.
3
(b) REVIEW
OF
REQUIREMENTS
FOR
COVERED
4 DATA.—The Secretary of Defense shall identify relevant
5 contracts or other agreements for each covered system and
6 conduct a review of the requirements contained in such
7 contracts or other agreements with respect to covered
8 data, including requirements for both data delivered and
9 data otherwise accessible by the Department of Defense
10 on a non-deliverable basis.
11
(c) ASSESSMENT OF AVAILABLE COVERED DATA.—
12
(1) IN GENERAL.—The Secretary of Defense
13
shall assess the covered data required under the re-
14
quirements with respect to covered data reviewed
15
under subsection (b) and, for each such require-
16
ment—
17
(A) describe the physical or electronic stor-
18
age location of the covered data that is in the
19
possession of the Department of Defense, or the
20
method by which the Department accesses the
21
covered data, as applicable;
22
(B) evaluate whether the covered data de-
23
livered to the Department under such require-
24
ment complies with—
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1
(i) the marking and rights require-
2
ments for such covered data under or pur-
3
suant to the contract containing such re-
4
viewed requirement; and
5
(ii) the applicable provisions of chap-
6
ter 275 of title 10, United States Code;
7
and
8
(C) describe the category of rights in tech-
9
nical data applicable under section 3771 of title
10
10, United States Code, to the covered data de-
11
livered to the Department under such reviewed
12
requirement, including an identification of
13
whether the delivery or access to such covered
14
data under such reviewed requirement is subject
15
to a customized commercial license or a spe-
16
cially negotiated license.
17
(2) FINDINGS.—The Secretary of Defense shall
18
record in the digital system implemented under sub-
19
section (a) the findings of the review conducted
20
under subsection (b) and the assessment under para-
21
graph (1).
22
(d) IDENTIFICATION OF INSUFFICIENCY IN COVERED
23 DATA.—Based on the review of requirements for covered
24 data required by subsection (b) and the assessment of
25 available covered data required by subsection (c), the Sec-
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1 retary of Defense shall identify any insufficiency in cov2 ered data that negatively affects the ability of the Sec3 retary to effectively operate a covered system and main4 tain such covered system in a cost-effective manner con5 sidering factors, including the years remaining in the
6 lifecycle of the covered system, projected inventory num7 bers of the covered system, or a cost analysis of continuing
8 the current operations or maintenance approach for the
9 covered system.
10
(e) ADDRESSING AN INSUFFICIENCY IN COVERED
11 DATA.—
12
(1) IN GENERAL.—For each covered system ac-
13
quired by the Department of Defense, the Secretary
14
of Defense shall—
15
(A) distinguish between—
16
(i) covered data, the delivery of or ac-
17
cess to which was required by the contract
18
or other agreement under the review in
19
subsection (b); and
20
(ii) covered data that was not required
21
by the contract or other agreement but
22
that the Department identified as an insuf-
23
ficiency in subsection (d);
24
(B) for covered data described in subpara-
25
graph (A)(i) that is identified as insufficient
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1
under subsection (d), seek to address such in-
2
sufficiency with the relevant contractor, includ-
3
ing by receiving access to such covered data on
4
a non-deliverable basis;
5
(C) for covered data described in subpara-
6
graph (A)(i) that identified as improperly
7
marked pursuant to subsection (c)(1)(B), seek
8
to address such improper marking with the rel-
9
evant contractor;
10
(D) for covered data described in subpara-
11
graph (A)(ii), initiate a streamlined process
12
to—
13
(i) request the relevant contractor to
14
provide the Government with options for
15
the covered data required to address the
16
insufficiency in such covered data identi-
17
fied under subsection (d), which may in-
18
clude access agreements, priced contract
19
options, negotiated direct licenses with gov-
20
ernment authorized repair contractors, or
21
direct licenses for systems or components
22
produced by subcontractors that are cov-
23
ered defense equipment for access to the
24
required covered data;
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1
(ii) allow the contractor to propose
2
terms for using commercially accepted
3
valuation
4
based, cost-based, and market-based pric-
5
ing; and
6
(E) consider the use of escrow agreements
7
or similar arrangements under a specifically ne-
8
gotiated license for the required covered data
9
with the original contractor or subcontractor of
10
the covered system in the event such contractor
11
or subcontractor decides to exit the business or
12
no longer support maintenance of the covered
13
system.
14
(2) INSUFFICIENCY.—With respect to an insuf-
15
ficiency identified under subsection (d) in covered
16
data for a commercial product—
practices,
including
income-
17
(A) the Secretary of Defense shall ensure
18
that pricing and terms and conditions offered
19
by the contractor for are commensurate with
20
commercial practices for granting similar ac-
21
cess; and
22
(B) if the Secretary seeks access to tech-
23
nical data, software, or other information in a
24
manner that differs from the manner in which
25
such contractor customarily provides to a buyer
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1
of such commercial product, the Secretary shall
2
seek to negotiate a customized commercial li-
3
cense for such access.
4
(f) RECORDS RETENTION.—In carrying out this sec-
5 tion, the Secretary of Defense shall ensure that all tech6 nical data, computer software, contract files, and related
7 records acquired or generated in connection with a covered
8 system are retained and managed by the Department of
9 Defense until, at a minimum, the Department has totally
10 divested from such covered system.
11
(g) QUARTERLY UPDATES TO CONGRESS.—Not later
12 than April 1, 2026, and every 90 days thereafter until the
13 Secretary of Defense completes the assessment required
14 under subsection (c), the Secretary of Defense shall pro15 vide to the congressional defense committees a briefing
16 on—
17
18
(1) progress made toward completing the requirements of this section;
19
(2) a summary of findings from such assess-
20
ment, including report of the position of the Govern-
21
ment as to whether such data meet marking and
22
rights requirements;
23
(3) the efforts of the Department of Defense to
24
address any insufficiencies in covered data identified
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1
under subsection (d), including a summary of the
2
actions by the Department to fund such efforts;
3
(4) a description of the methods used by the
4
Department in negotiating with any relevant con-
5
tractor to access covered data identified as an insuf-
6
ficiency in subsection (d); and
7
(5) any lessons learned to improve the actions
8
of the Department in planning for and acquiring
9
covered data related to covered systems acquired by
10
the Department.
11
(h) RULES OF CONSTRUCTION.—Nothing in this sec-
12 tion shall be construed—
13
(1) as modifying any rights, obligations, or limi-
14
tations of the Government, contractor, or subcon-
15
tractor with respect to rights in technical data under
16
subchapter I of chapter 275 of this title;
17
18
(2) as altering the requirements in section 2464
and 2466 of title 10, United States Code; or
19
(3) as altering or expanding any license rights
20
the Government has acquired in contracts or agree-
21
ments.
22
(i) DEFINITIONS.—In this section:
23
24
(1) The term ‘‘covered data’’ means technical
data and computer software required—
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1
(A) to enable the Department of Defense
2
or government authorized repair contractors
3
performing under a support contract, the pri-
4
mary purpose of which is to furnish repair or
5
maintenance services on site at a depot, instal-
6
lation or operating location of the Government
7
in support of the share of depot-level mainte-
8
nance and repair workload of the Government
9
in accordance with section 2466 of this title; or
10
(B) to maintain a core logistics capability
11
in accordance with section 2464 of this title
12
provided for use by third parties without re-
13
striction for the maintenance of the covered sys-
14
tem.
15
(2) The term ‘‘covered system’’ means—
16
(A) a major defense acquisition program,
17
as defined in section 4201 of title 10, United
18
States Code; or
19
(B) an acquisition program or project that
20
is carried out using the rapid prototyping or
21
rapid fielding acquisition pathway under section
22
3602 of such title that is estimated by the Sec-
23
retary of Defense to require an eventual total
24
expenditure described in section 4201(a)(2) of
25
such title;
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1
2
(3) The term ‘‘maintain or repair’’ excludes the
manufacture of new items.
3
(4) The term ‘‘digital system’’ means a secure,
4
electronic platform required by subsection (a) that—
5
(A) is connected to authoritative systems
6
for product lifecycle management and con-
7
tracting data repositories and other systems
8
where contractor data are stored or accessed;
9
and
10
(B) identifies technical data owed under
11
contract terms, verify compliance of received
12
data with marking and rights requirements, de-
13
tect omissions or errors, and track metadata for
14
decision-making.
15
(5) The term ‘‘service acquisition executive’’
16
has the meaning given in section 101 of title 10,
17
United States Code.
Subtitle B—Amendments to Gen19
eral Contracting Authorities,
20
Procedures, and Limitations
18
21
SEC. 811. REPEALS OF EXISTING LAW TO STREAMLINE THE
22
DEFENSE ACQUISITION PROCESS.
23
(a) TITLE 10, UNITED STATES CODE.—The fol-
24 lowing provisions of title 10, United States Code, are here25 by repealed:
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1
(1) Chapter 345.
2
(2) Section 3070.
3
(3) Section 3106.
4
(4) Section 3373.
5
(5) Section 3455.
6
(6) Section 3678.
7
(7) Section 4423.
8
(8) Section 8688.
9
(b) NATIONAL DEFENSE AUTHORIZATION ACTS.—
10 The following provisions are hereby repealed:
11
(1) Section 883 of the James M. Inhofe Na-
12
tional Defense Authorization Act for Fiscal Year
13
2023 (Public Law 117–263; 10 U.S.C. 3372 note).
14
(2) Of the National Defense Authorization Act
15
for Fiscal Year 2022 (Public Law 117–81)—
16
(A) section 378 (10 U.S.C. 113 note);
17
(B) section 380 (10 U.S.C. 4001 note);
18
and
19
(C) section 875 (10 U.S.C. note prec.
20
3344).
21
(3) Of the William M. (Mac) Thornberry Na-
22
tional Defense Authorization Act for Fiscal Year
23
2021 (Public Law 116–283)—
24
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(A) section 218 (10 U.S.C. 8013 note);
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1
(B) section 846(a) (10 U.S.C. 4811 note);
2
and
3
(C) section 891 (10 U.S.C. 3804 note).
4
(4) Of the National Defense Authorization Act
5
for Fiscal Year 2020 (Public Law 116–92)—
6
(A) section 232 (10 U.S.C. 4001 note);
7
(B) section 802 (10 U.S.C. 3206 note);
8
and
9
(C) section 1651 (10 U.S.C. 4571 note).
10
(5) Of the John S. McCain National Defense
11
Authorization Act for Fiscal Year 2019 (Public Law
12
115–232)—
13
(A) section 222 (10 U.S.C. 4014 note);
14
(B) section 230 (10 U.S.C. note prec.
15
4061); and
16
(C) section 843 (10 U.S.C. note prec.
17
4171).
18
(6) Of the National Defense Authorization Act
19
for Fiscal Year 2018 (Public Law 115–91)—
20
(A) section 849 (131 Stat. 1487);
21
(B) section 874 (10 U.S.C. note prec.
22
3101);
23
24
25
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(C) section 1089 (10 U.S.C. 4025 note);
and
(D) section 1272 (10 U.S.C. 4571 note).
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1
(7) Section 925(b) of the National Defense Au-
2
thorization Act for Fiscal Year 2017 (Public Law
3
114–328; 10 U.S.C. 4271 note).
4
5
(8) Of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92)—
6
(A) section 802(d)(2) (10 U.S.C. 4251
7
note);
8
(B) section 810 (10 U.S.C. note prec.
9
3101);
10
(C) Section 844(b) (10 U.S.C. 3453 note);
11
(D) Section 881 (10 U.S.C. note prec.
12
4601); and
13
(E) Section 883(e) (10 U.S.C. note prec.
14
4571).
15
(9) Section 854 of the Carl Levin and Howard
16
P. ‘‘Buck’’ McKeon National Defense Authorization
17
Act for Fiscal Year 2015 (Public Law 113–291; 10
18
U.S.C. 4571 note).
19
(10) Section 1603 of the National Defense Au-
20
thorization Act for Fiscal Year 2014 (Public Law
21
113–66; 10 U.S.C. 4007 note).
22
(11) Section 2867 of the National Defense Au-
23
thorization Act for Fiscal Year 2012 (Public Law
24
112–81; 10 U.S.C. 4571 note).
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1
(12) Of the Ike Skelton National Defense Au-
2
thorization Act for Fiscal Year 2011 (Public Law
3
111–383)—
4
(A) section 215 (10 U.S.C. 4571 note);
5
(B) section 812 (10 U.S.C. note prec.
6
4211);
7
(C) section 824(a) (10 U.S.C. 3774 note);
8
(D) section 831(b) (10 U.S.C. note prec.
9
4501);
10
(E) subsections (a) through (h) of section
11
863 (10 U.S.C. note prec. 4501);
12
(F) subsections (a) through (f) of section
13
866 (10 U.S.C. note prec. 3241); and
14
(G) section 932 (10 U.S.C. 2224 note).
15
(13) Of the National Defense Authorization Act
16
for Fiscal Year 2010 (Public Law 111–84)—
17
(A) section 804 (123 Stat. 2402); and
18
(B) section 1043 (10 U.S.C. 4174 note).
19
(14) Of the Duncan Hunter National Defense
20
Authorization Act for Fiscal Year 2009 (Public Law
21
110–417)—
22
23
24
25
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(A) section 143 (10 U.S.C. note prec.
3241);
(B) section 254 (10 U.S.C. note prec.
3241);
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1
(C) subsections (a) through (c) of section
2
804 (122 Stat. 4356); and
3
(D) section 814 (10 U.S.C. 4271 note).
4
(15) Of the National Defense Authorization Act
5
for Fiscal Year 2008 (Public Law 110–181)—
6
(A) section 214 (10 U.S.C. 4841 note);
7
(B) section 238(b) (10 U.S.C. 4841 note);
8
(C) section 821 (10 U.S.C. note prec.
9
3451); and
10
(D) section 881 (Public Law 110–181; 10
11
U.S.C. 4571 note).
12
(16) Of the John Warner National Defense Au-
13
thorization Act for Fiscal Year 2007 (Public Law
14
109–364)—
15
(A) section 812 (10 U.S.C. 4325 note);
16
and
17
(B) section 832 (10 U.S.C. note prec.
18
4501).
19
(17) Of the National Defense Authorization Act
20
for Fiscal Year 2006 (Public Law 109–163)—
21
22
23
24
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(A) subtitle D of title II (10 U.S.C. 4841
note); and
(B) section 816 (10 U.S.C. note prec.
3344).
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1
(18) Section 851 of the Ronald W. Reagan Na-
2
tional Defense Authorization Act for Fiscal Year
3
2005 (Public Law 108–375; 10 U.S.C. note prec.
4
3241).
5
(19) Of the Bob Stump National Defense Au-
6
thorization Act for Fiscal Year 2003 (Public Law
7
107–314)—
8
(A) section 133 (10 U.S.C. 3678 note);
9
and
10
(B) section 804 (10 U.S.C. 4571 note).
11
(20) Section 826 of the Floyd D. Spence Na-
12
tional Defense Authorization Act for Fiscal Year
13
2001 (Public Law 106–398; 10 U.S.C. note prec.
14
3241).
15
(21) Section 822 of the National Defense Au-
16
thorization Act for Fiscal Year 1996 (Public Law
17
104–106; 10 U.S.C. note prec. 3201).
18
(22) Section 812 of the National Defense Au-
19
thorization Act for Fiscal Year 2000 (Public Law
20
106–65; 10 U.S.C. note prec. 4061).
21
(23) Section 913 of the Department of Defense
22
Authorization Act, 1986 (Public Law 99–145; 10
23
U.S.C. note prec. 3201).
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1
(24) Section 1252 of the Department of De-
2
fense Authorization Act, 1985 (Public Law 98–525;
3
10 U.S.C. 4205 note).
4
(c) CONFORMING AMENDMENTS TO PLACE INTO
5 SECTION 101(A) OF TITLE 10, UNITED STATES CODE,
6
THE DEFINITION OF MAJOR WEAPON SYSTEM FORMERLY
7 CONTAINED IN SECTION 3455(F) (AND, PREVIOUSLY,
8 SECTION 2379) OF SUCH TITLE.—
9
(1)
PLACING
DEFINITION
INTO
SECTION
10
101(A).—Section
11
Code, is amended by adding at the end the following
12
new paragraph:
101(a) of title 10, United States
13
‘‘(21) The term ‘major weapon system’ means
14
a weapon system acquired pursuant to a major de-
15
fense acquisition program (as that term is defined in
16
section 4201 of this title).’’.
17
(2) AMENDING PROVISIONS THAT REFER TO
18
SECTION 3455(F) SO AS TO REFER TO SECTION 101(A)
19
INSTEAD.—The following sections of title 10, United
20
States Code, are each amended by striking ‘‘section
21
3455(f)’’ and inserting ‘‘section 101(a)’’:
22
(A) Section 118(f)(1).
23
(B) Section 233a(d).
24
(C) Section 4325(d).
25
(D) Section 4401(c)(9).
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1
(3) AMENDING PROVISIONS THAT REFER TO
2
SECTION 2379, THE PREDECESSOR PROVISION TO
3
SECTION 3455, SO AS TO REFER TO SECTION 101(A)
4
INSTEAD.—
5
(A) Section 2(3) of the Weapon Systems
6
Acquisition Reform Act of 2009 (Public Law
7
111–23; 10 U.S.C. note prec. 4321) is amended
8
by striking ‘‘section 2379(d)’’ and inserting
9
‘‘section 101(a)’’.
10
(B) Section 875(b)(2) of the Ike Skelton
11
National Defense Authorization Act for Fiscal
12
Year 2011 (Public Law 111–383; 10 U.S.C.
13
1723 note) is amended by striking ‘‘section
14
2379(f)’’ and inserting ‘‘section 101(a)’’.
15
(C) Section 836(c)(2) of the National De-
16
fense Authorization Act for Fiscal Year 2012
17
(Public Law 112–81; 22 U.S.C. 2767 note) is
18
amended by striking ‘‘section 2379(f)’’ and in-
19
serting ‘‘section 101(a)’’.
20
(D) Section 1058(d) of the William M.
21
(Mac) Thornberry National Defense Authoriza-
22
tion Act for Fiscal Year 2021 (Public Law
23
116–283; 10 U.S.C. 2224 note) is amended by
24
striking ‘‘section 2379(f)’’ and inserting ‘‘sec-
25
tion 101(a)’’.
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1
2
(d) MISCELLANEOUS OTHER CONFORMING AMENDMENTS.—
3
(1) Section 3453(d) of title 10, United States
4
Code, is amended by striking ‘‘the procurement offi-
5
cial for the solicitation’’ and all that follows through
6
the period at the end and inserting ‘‘the procure-
7
ment official for the solicitation may require the of-
8
feror to submit relevant information.’’.
9
(2) Section 831 of the National Defense Au-
10
thorization Act for Fiscal Year 2013 (Public Law
11
112–239; 10 U.S.C. note prec. 3701) is amended in
12
each of subsections (a) and (b)(1) by striking ‘‘sec-
13
tions 2306a(d) and 2379’’ and inserting ‘‘section
14
3705’’.
15
(3) Section 4422(c)(3) of title 10, United
16
States Code, is amended by striking ‘‘, subject to the
17
requirements and limitations in section 4423 of this
18
title’’.
19
SEC. 812. MODIFICATIONS TO CURRENT DEFENSE ACQUISI-
20
21
TION REQUIREMENTS.
(a) MODIFICATIONS TO TITLE 10.—Title 10, United
22 States Code, is amended—
23
24
(1) in section 1749(f)(1), by striking ‘‘on a reimbursable basis’’;
25
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(2) in section 2222(i)(1)(A)—
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1
(A) in clause (vi), by adding ‘‘or real estate
2
system’’ after ‘‘An installations management
3
system’’; and
4
(B) by adding at the end the following new
5
clauses:
6
‘‘(ix) A budget system.
7
‘‘(x) A retail system.
8
‘‘(xi) A health care system.
9
‘‘(xii) A travel and expense system.
10
‘‘(xiii) A payroll system.
11
‘‘(xiv) A supply chain management system.
12
‘‘(xv) A Departmentwide resource planning
13
system.
14
‘‘(xvi) A contractor management system.’’;
15
(3) in section 3012(3)(B), by striking ‘‘lowest
16
overall cost alternative’’ and inserting ‘‘best value’’;
17
18
(4) in section 3069—
(A) in subsection (a)—
19
(i) by striking ‘‘the head of an agen-
20
cy’’ and all that follows through ‘‘find-
21
ings:’’ and inserting ‘‘a contracting officer
22
making the acquisition may acquire a high-
23
er quantity of the end item than the quan-
24
tity specified for the end item in a law pro-
25
viding for the funding of that acquisition if
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1
that contracting officer determines in writ-
2
ing that:’’;
3
(ii) by striking paragraph (4);
4
(B) in subsection (b), by striking ‘‘The
5
regulations shall’’ and all that follows through
6
‘‘3205 of this title.’’;
7
(C) by striking subsection (c) and redesig-
8
nating subsection (d) and (e) as subsections (c)
9
and (d), respectively; and
10
(D) in subsection (d), as so redesignated,
11
by amending paragraph (2) to read as follows:
12
‘‘(2) In this section, the term ‘end item’ means
13
a production product assembled, completed, and
14
ready for issue or deployment.’’;
15
16
(5) in section 3226(d), by amending paragraph
(2) to read as follows:
17
18
‘‘(2) Funds described in paragraph (1) may be
used—
19
‘‘(A) to cover any increased program costs
20
identified by a revised cost analysis or target
21
developed pursuant to subsection (b);
22
23
24
25
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‘‘(B) to acquire additional end items in accordance with section 3069 of this title; or
‘‘(C) to cover the cost of risk reduction and
process improvements.’’;
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1
(6) in section 3243(d)—
2
(A) in paragraph (1)(B), by striking ‘‘sub-
3
ject to paragraph (2),’’;
4
(B) by striking paragraph (2); and
5
(C) by redesignating paragraph (3) as
6
paragraph (2);
7
(7) in section 3703(a)(1)(A), by striking ‘‘com-
8
petition that results in at least two or more respon-
9
sive and viable competing bids’’ and inserting ‘‘price
10
competition’’;
11
(8) in section 3705(b), by inserting the fol-
12
lowing new paragraph:
13
‘‘(3) ALTERNATIVE SOURCES REQUIRED.—If the
14 head of contracting activity, or the designee of the head
15 of contracting activity, determines it is in the best interest
16 of the Government to make the award under subsection
17 (b)(1), the head of the agency shall conduct an assessment
18 of alternative offerors as a source of supply using authori19 ties provided by sections 865 and 882 of the National De20 fense Authorization Act for Fiscal Year 2025 (Public Law
21 118–159).’’; and
22
23
(9) in section 4201(b), by adding at the end the
following new paragraph:
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1
‘‘(3) An acquisition program for software and
2
covered hardware as described by section 3603 of
3
this title.’’.
4
(b) USE OF CAPABILITY-BASED ANALYSIS OF PRICE
5
OF GOODS OR SERVICES OFFERED BY NONTRADITIONAL
6 DEFENSE CONTRACTORS.—Section 864(d) of the Na7 tional Defense Authorization Act for Fiscal Year 2025
8 (Public Law 118–159) is amended—
9
(1) in the subsection heading, by striking ‘‘CA-
10
PACITY-BASED’’
11
BASED’’; and
12
and
inserting
‘‘CAPABILITY-
(2) in paragraph (4), by striking ‘‘increased ca-
13
pacity’’ and inserting ‘‘increased capability’’.
14
(c) CODIFICATION OF PROGRAM TO ACCELERATE
15 CONTRACTING AND PRICING PROCESSES.—
16
(1) IN GENERAL.—Section 890 of the John S.
17
McCain National Defense Authorization Act for Fis-
18
cal Year 2019 (Public Law 115–232; 10 U.S.C. note
19
prec. 3701) is transferred to chapter 271 of title 10,
20
United States Code, inserted after section 3708, and
21
redesignated as section 3709.
22
(2) AMENDMENTS.—Section 3709 of title 10,
23
United States Code, as so transferred and redesig-
24
nated, is amended—
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1
(A) in the section heading, by striking
2
‘‘PILOT’’;
3
(B) by striking ‘‘pilot’’ each place it ap-
4
pears;
5
(C) in subsection (a)(2), by striking ‘‘chap-
6
ter 271 of title 10, United States Code’’ and in-
7
serting ‘‘this chapter’’;
8
(D) in subsection (b)—
9
(i) in the matter preceding paragraph
10
(1), by striking ‘‘section 1737 of title 10,
11
United States Code’’ and inserting ‘‘sec-
12
tion 1737 of this title’’; and
13
(ii) in paragraph (2), by striking
14
‘‘minimal reporting’’ and inserting ‘‘no
15
unique reporting’’; and
16
(E) by striking subsections (c) and (d).
17
SEC. 813. MODIFICATION TO AWARD AMOUNT FOR PRO-
18
GRAM TO ACCELERATE THE PROCUREMENT
19
AND
20
NOLOGIES.
21
FIELDING
OF
INNOVATIVE
TECH-
Section 3604(c) of title 10, United States Code, is
22 amended—
23
24
(1) in the subsection heading, by striking
‘‘MAXIMUM’’; and
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576
1
(2) by inserting ‘‘shall be greater than or equal
2
3
to $10,000,000 and’’ before ‘‘shall not exceed’’.
SEC.
814.
4
5
ADDITIONAL
AMENDMENTS
RELATED
TO
UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) IN GENERAL.—Section 3374(a) of title 10,
6 United States Code, is amended—
7
8
(1) in the heading, by striking ‘‘CERTAIN REDUCED’’;
9
10
(2) in paragraph (1), by striking ‘‘and’’ at the
end;
11
12
(3) in paragraph (2), by striking the period at
the end and inserting a semicolon; and
13
14
(4) by adding at the end the following new
paragraphs:
15
‘‘(3) the increased cost risk of the contractor
16
with respect to any costs incurred prior to the award
17
of the undefinitized contractual action when such
18
costs—
19
‘‘(A) would have been directly chargeable
20
to the contract if incurred after the award of
21
the contract; and
22
‘‘(B) were incurred to meet an anticipated
23
contract delivery schedule or anticipated con-
24
tract price targets of the Government under an
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acquisition strategy required under section
2
4211 of this title; and
3
‘‘(4) the increased cost risk of the contractor
4
with respect to negotiations continuing for more
5
than 180 days beginning on the date on which the
6
contractor submitted the qualifying proposal to de-
7
finitize such undefinitized contractual action.’’.
8
(b) REGULATIONS.—Not later than 120 days after
9 the date of the enactment of this Act, the Secretary of
10 Defense shall revise the Department of Defense Supple11 ment to the Federal Acquisition Regulation to carry out
12 section 3374(a) of title 10, United States Code, as amend13 ed by subsection (a).
14
SEC. 815. AMENDMENT TO PROCUREMENT OF SERVICES
15
DATA ANALYSIS AND REQUIREMENTS VALI-
16
DATION.
17
Section 4506 of title 10, United States Code, is
18 amended—
19
(1) by repealing subsection (e); and
20
(2) in subsection (f)—
21
22
23
24
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(A) by striking paragraphs (1) and (2);
and
(B) by redesignating paragraphs (3) and
(4) as paragraphs (1) and (2), respectively.
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1
SEC. 816. MODIFICATION OF PROGRAM AND PROCESSES
2
RELATING TO FOREIGN ACQUISITION.
3
Section 873(a) of the National Defense Authorization
4 Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
5 350; 10 U.S.C. 301 note) is amended—
6
7
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
and
8
9
(2) by inserting ‘‘who are qualified’’ before ‘‘to
advise’’.
10
SEC. 817. REVIEW OF DEPARTMENT OF DEFENSE INSTRUC-
11
TION RELATING TO CONVENTIONAL AMMUNI-
12
TION MANAGEMENT.
13
(a) IN GENERAL.—Section 806(c) of the Strom
14 Thurmond National Defense Authorization Act for Fiscal
15 Year 1999 (Public Law 105–261; 10 U.S.C. 3241 note
16 prec.) is amended by striking ‘‘, dated March 8, 1995’’
17 and inserting ‘‘, or any successor directive or instruction’’.
18
(b) REVIEW OF INSTRUCTION.—Not later than 180
19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall—
21
(1) review Department of Defense Instruction
22
5160.68 (relating to ‘‘Single Manager for Conven-
23
tional Ammunition’’);
24
(2) assess whether to modify the definition of
25
‘‘conventional ammunition’’ in such Instruction to
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include one-way lethal or non-lethal armed/attack
2
unmanned aerial vehicles and systems; and
3
(3) if the Secretary determines such modifica-
4
tion is appropriate, update the Instruction accord-
5
ingly.
6
(c) REPORT REQUIRED.—Not later than December
7 31, 2026, the Secretary of Defense shall submit to the
8 congressional defense committees a report on the results
9 of the review and assessment conducted under subsection
10 (b). The report shall include—
11
(1) details of the analysis carried out as part of
12
the review and assessment and any resulting conclu-
13
sions; and
14
(2) the rationale for the Secretary’s determina-
15
tion as to whether or not to modify the definition of
16
‘‘conventional ammunition’’ in the manner described
17
in subsection (b)(2).
19
Subtitle C—Provisions Relating to
Workforce Development
20
SEC. 821. IMPROVEMENTS TO PUBLIC-PRIVATE TALENT EX-
18
21
22
CHANGE.
Section 1599g(f)(2)(B) of title 10, United States
23 Code, is amended by striking ‘‘207,’’.
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1
SEC. 822. MODIFICATIONS TO REQUIREMENTS FOR THE
2
PRESIDENT OF THE DEFENSE ACQUISITION
3
UNIVERSITY.
4
Section 1746(e)(3) of title 10, United States Code,
5 is amended by striking ‘‘term’’ each place it appears and
6 inserting ‘‘tenure’’.
7
SEC. 823. HIRING AUTHORITIES FOR DEFENSE CIVILIAN
8
9
TRAINING CORPS.
(a) IN GENERAL.—Section 2200h of title 10, United
10 States Code, is amended—
11
12
(1) in paragraph (8), by inserting ‘‘, in accordance with subsection (b)’’ before the period;
13
(2) by striking ‘‘In establishing’’ and inserting
14
the following:
15
‘‘(a) IN GENERAL.—In establishing’’; and
16
(3) by adding at the end the following new sub-
17
section:
18
‘‘(b) HIRING AUTHORITY.—
19
‘‘(1) MEMBERS.—The head of an element of
20
the Department of Defense that partners with an in-
21
stitution participating in the program may, without
22
regard to the provisions of subchapter I of chapter
23
33 of title 5, appoint a member of the program to
24
a position in such element for a term of one year.
25
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‘‘(2) GRADUATES.—
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2
‘‘(A) IN GENERAL.—The head of an element described in paragraph (1) may—
3
‘‘(i) renew the appointment a success-
4
ful graduate of the program serving a one-
5
year term under such paragraph until such
6
graduate is appointed to a permanent posi-
7
tion in such element, except that the ap-
8
pointment may not be renewed for more
9
than a total of four one-year terms; and
10
‘‘(ii) without regard to the provisions
11
of subchapter I of chapter 33 of title 5, ap-
12
point a graduate holding a position under
13
an appointment renewed under clause (i)
14
to a vacant position in the civil service (as
15
such term is defined in section 2101 of
16
title 5, United States Code) in the Depart-
17
ment.
18
‘‘(B) LEVEL.—The position of a graduate
19
in a term or permanent position described in
20
subparagraph (A) shall be classified at the level
21
of GS–9 under the General Schedule under sub-
22
chapter III of chapter 53 of title 5, or an equiv-
23
alent level for which the participant is qualified,
24
without regard to any minimum time-in-grade
25
or time-based experience requirements.
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1
‘‘(C) LIMIT.—The authority under this
2
section may not be used for more than 60 grad-
3
uates of the program in any calendar year.
4
‘‘(3) COMPENSATION.—
5
‘‘(A) IN GENERAL.—The basic pay of an
6
individual appointed under this subsection shall
7
be paid from amounts available in the Depart-
8
ment of Defense Acquisition Workforce Devel-
9
opment Account established under section 1705
10
of this title.
11
‘‘(B) LIMITATION.—Payment under sub-
12
paragraph (A) may be made only during the
13
term of the appointment of such an individual
14
and may not exceed a total of four years of pay-
15
ments for any one individual, including renew-
16
als under paragraph (1) or (2).
17
‘‘(C) RELATION TO OTHER AUTHORITY.—
18
Nothing in this paragraph shall be construed to
19
affect the authority of the Secretary of Defense
20
to pay compensation from other available ap-
21
propriations.
22
‘‘(4) SUNSET.—The authority under this sub-
23
section shall terminate on December 31, 2029.’’.
24
(b) REPORTS.—
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1
(1) IN GENERAL.—Not later than January 31,
2
2026, and annually thereafter until January 31,
3
2030, the Secretary of Defense shall submit to the
4
appropriate congressional committees a report on
5
the use of the authority under subsection (b) of sec-
6
tion 2200h of title 10, United States Code, as added
7
by this section.
8
9
(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:
10
(A) The number of graduates of the De-
11
fense Civilian Training Corps program estab-
12
lished under section 2200g of such title for
13
which the authority under such subsection (b)
14
was used for the year covered by the report.
15
(B) An identification of the elements of the
16
Department of Defense that used such author-
17
ity to appoint graduates of the Defense Civilian
18
Training Corps program under paragraph
19
(2)(ii) of such subsection (b).
20
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
21
TEES DEFINED.—In this subsection, the term ‘‘ap-
22
propriate congressional committees’’ means—
23
(A) the Committee on Armed Services and
24
the Committee on Homeland Security and Gov-
25
ernmental Affairs of the Senate; and
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(B) the Committee on Armed Services and
2
the Committee on Oversight and Government
3
Reform of the House of Representatives.
4
SEC. 824. INCREASING COMPETITION IN DEFENSE CON-
5
6
TRACTING.
(a) USES OF PAST PERFORMANCE.—
7
(1) IN GENERAL.—Not later than 1 year after
8
the date of the enactment of this Act, the Secretary
9
of Defense shall issue guidance, including examples
10
and templates where appropriate, on—
11
(A) when the Department of Defense
12
should accept past performance on a wider
13
range of projects, such as a requirement with-
14
out much precedent, in order to have increased
15
competition among eligible firms with capability
16
to perform a requirement, by including commer-
17
cial or non-government projects as relevant past
18
performance for the purposes of awarding con-
19
tracts or other agreements;
20
(B) a means by which the Department
21
may validate non-government past performance
22
references, including by requiring an official of
23
an entity providing past performance references
24
to attest to their authenticity and by providing
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1
verifiable contact information for the references;
2
and
3
(C) using alternative methods of evaluation
4
other than past performance that may be ap-
5
propriate for a requirement without much
6
precedent, such as demonstrations and testing
7
of technologies as part of the proposal process
8
for contracts or other awards of the Depart-
9
ment.
10
(2) SUPPLEMENT NOT SUPPLANT.—The guid-
11
ance issued under paragraph (1) shall supplement
12
existing Department of Defense policy and proce-
13
dures for consideration of past performance and
14
other evaluation factors and methods.
15
(b) ENHANCING COMPETITION IN DEFENSE PRO-
16
CUREMENT.—
17
(1) COUNCIL RECOMMENDATIONS.—Not later
18
than 90 days after the date of the enactment of this
19
Act, the Secretary of Defense shall convene the De-
20
fense Acquisition Regulations Council (in this sec-
21
tion referred to as the ‘‘Council’’), to make rec-
22
ommendations to identify and eliminate specific, un-
23
necessary procedural barriers that disproportionately
24
affect the ability of small business concerns and non-
25
traditional defense contractors, to compete for con-
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1
tracts with the Department of Defense, with a focus
2
on streamlining documentation and qualification re-
3
quirements unrelated to the protection of privacy
4
and civil liberties.
5
(2) CONSULTATION.—The Council shall obtain
6
input from the public, including from the APEX Ac-
7
celerators program (formerly known as Procurement
8
Technical Assistance Center network) and other con-
9
tractor representatives, to identify procurement poli-
10
cies and regulations that are obsolete, overly burden-
11
some or restrictive, not adequately harmonized, or
12
otherwise serve to create barriers to small business
13
concerns and nontraditional defense contractors con-
14
tracting with the Department or that unnecessarily
15
increase bid and proposal costs.
16
(3) EXAMINATION OF ACTIONS.—The Council
17
shall consider the input obtained under paragraph
18
(2) and any other information determined to be rel-
19
evant by the Council to identify legislative, regu-
20
latory, and other actions to increase competition and
21
remove barriers to small business concerns and non-
22
traditional defense contractors participating in the
23
procurement process of the Department of Defense.
24
(4) IMPLEMENTATION.—Not later than 2 years
25
after the date of the enactment of this Act, the Sec-
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1
retary of Defense shall implement the regulatory and
2
other non-legislative actions identified under para-
3
graph (3), as determined necessary by the Secretary,
4
to remove barriers to entry for small business con-
5
cerns and nontraditional defense contractors seeking
6
to participate in Department of Defense procure-
7
ment.
8
(5) BRIEFING.—Not later than two years after
9
the date of the enactment of this Act, the Secretary
10
of Defense shall provide to the Committees on
11
Armed Services of the Senate and House of Rep-
12
resentatives a briefing on the legislative actions iden-
13
tified under paragraph (3) and the actions imple-
14
mented under paragraph (4).
15
(c) CONSIDERATION
OF
COST-EFFICIENCY
AND
16 QUALIFY.—The Secretary of Defense shall advocate for
17 and prioritize contracting policies that ensure that cost18 efficiency and quality of goods and services are key deter19 mining factors in awarding procurement contracts.
20
(d) DEFINITIONS.—In this section—
21
(1) the term ‘‘nontraditional defense contrac-
22
tors’’ has the meaning given such term in section
23
3014 of title 10, United States Code; and
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1
(2) the term ‘‘small business concern’’ has the
2
meaning given such term under section 3 of the
3
Small Business Act (15 U.S.C. 632).
4
SEC. 825. REPORT ON STRENGTHENING THE DEFENSE AC-
5
6
QUISITION UNIVERSITY.
(a) ASSESSMENT REQUIRED.—The Secretary of De-
7 fense, acting through the Director of the Acquisition Inno8 vation Research Center, shall conduct a comprehensive as9 sessment of the Defense Acquisition University (in this
10 section referred to as ‘‘DAU’’) to strengthen the ability
11 of the DAU to train and develop members of the acquisi12 tion workforce to meet the current and future needs of
13 the Department of Defense. The assessment shall include
14 the following:
15
(1) An evaluation of the mission of the DAU
16
and the alignment of such mission with the objec-
17
tives of the defense acquisition system established
18
pursuant to section 3102 of title 10, United States
19
Code (as added by this Act).
20
(2) An evaluation of the effectiveness of train-
21
ing and development provided by DAU to members
22
of the acquisition workforce to enable such members
23
to effectively implement the objectives of the defense
24
acquisition system.
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(b) ELEMENTS.—The assessment in paragraph (1)
2 shall evaluate the following:
3
(1) The organization and structure of DAU.
4
(2) The curriculum and educational offerings of
5
DAU.
6
(3) The composition of the staff and faculty of
7
DAU, including an assessment of the diversity of
8
skills, abilities, and professional backgrounds of such
9
staff and faculty.
10
11
(4) The sufficiency of resources and funding
mechanisms supporting DAU operations.
12
(5) The extent to which DAU uses external ex-
13
perts and academic institutions to inform and en-
14
hance the curriculum of the DAU.
15
(6) The extent to which the DAU uses commer-
16
cially available training, including an identification
17
of opportunities for the DAU to use certifications,
18
including certifications with a narrow focus that can
19
be quickly obtained and combined with other such
20
certifications to obtain a more comprehensive quali-
21
fication.
22
(7) The use of experiential learning platforms
23
by the DAU, including training simulators or gam-
24
ing approaches, in order to accelerate the develop-
25
ment of the acquisition workforce on the full range
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of potential acquisition scenarios and the relevant
2
authorities allowed by law.
3
(8) The use of field training opportunities by
4
the DAU to support the acquisition workforce in
5
real world use cases.
6
(c) RECOMMENDATIONS.—The Director of the Acqui-
7 sition Innovation Research Center shall use the assess8 ment required under this section and the objectives of the
9 defense acquisition system to provide to the Secretary of
10 Defense recommendations to strengthen the ability of the
11 Department of Defense to train and develop members of
12 the acquisition workforce.
13
(d) REPORT TO CONGRESS.—Not later than one year
14 after the date of the enactment of this Act, the Secretary
15 of Defense shall submit to the congressional defense com16 mittees a report containing—
17
(1) a summary of the methodology used to con-
18
duct the assessment under subsection (a) and activi-
19
ties carried out as part of the assessment;
20
(2) the findings of the assessment conducted
21
under subsection (a) and the recommendations pro-
22
vided under subsection (c);
23
(3) any actions necessary to ensure that DAU
24
fulfills its mission and provides training and develop-
25
ment to members of the acquisition workforce that
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aligns with the objectives of the defense acquisition
2
system; and
3
(4) any additional recommendations to improve
4
all aspects of the acquisition workforce, including re-
5
cruiting, retention, training, management, and work-
6
force composition.
7
(e) DEFINITIONS.—In this section:
8
(1) The term ‘‘Acquisition Innovation Research
9
Center’’ means the acquisition research organization
10
within a civilian college or university that is de-
11
scribed under section 4142(a) of title 10, United
12
States Code.
13
(2) The term ‘‘acquisition workforce’’ has the
14
meaning given in section 101 of title 10, United
15
States Code.
16
SEC. 826. RESTRUCTURING OF PERFORMANCE EVALUA-
17
TION METRICS FOR THE ACQUISITION WORK-
18
FORCE.
19
(a) ESTABLISHMENT OF ACQUISITION WORKFORCE
20 KEY PERFORMANCE OBJECTIVES.—Not later than 180
21 days after the date of the enactment of this Act, the Sec22 retary of Defense shall implement mandatory key perform23 ance objectives (in this section referred to as ‘‘KPOs’’) for
24 evaluating the performance of civilian members of the ac25 quisition workforce.
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(b) KPO REQUIREMENTS.—The KPOs implemented
2 under subsection (a) shall—
3
(1) include strategic outcome objectives and
4
workforce behavioral objectives for the workforce;
5
and
6
7
(2) be developed in a manner that enables an
assessment of the degree of alignment between—
8
(A) the objectives of the defense acquisi-
9
tion system established by section 3102 of title
10
10, United States Code; and
11
(B) the prudent and appropriate use by a
12
member of the acquisition workforce of innova-
13
tive, risk-tolerant practices in achieving those
14
objectives.
15
(c) STRATEGIC OUTCOME OBJECTIVES.—The stra-
16 tegic outcome objectives for the acquisition workforce re17 quired by subsection (b)(1) shall align with the objectives
18 of the defense acquisition system established pursuant to
19 section 3102 of title 10, United States Code, and shall
20 address strategic acquisition mission areas including—
21
(1) the expeditious delivery of capabilities to en-
22
hance the operational readiness of the Armed Forces
23
and enable the missions of the Department of De-
24
fense;
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(2) enabling and supporting the integration of
2
innovative solutions to enhance military effectiveness
3
and responsiveness to emerging threat;
4
(3) ensuring supply-chain and industrial-base
5
resilience and surge capabilities to support the con-
6
tingency and operational plans of the Department of
7
Defense;
8
(4) cultivation of a leadership and organiza-
9
tional culture in the defense acquisition system that
10
encourages responsible risk-taking, collaboration,
11
and learning through failure; and
12
(5) workforce currency and continuous edu-
13
cation, including digital and artificial intelligence lit-
14
eracy and technical proficiency necessary for an indi-
15
vidual’s job function.
16
(d) WORKFORCE BEHAVIORAL OBJECTIVES.—The
17 workforce behavioral objectives required by subsection
18 (b)(1) shall be designed to develop the critical skills and
19 behaviors of members of the acquisition workforce, includ20 ing—
21
22
(1) the adoption of innovative acquisition authorities and approaches;
23
(2) a preference for commercial products and
24
services and supporting market research of commer-
25
cial or emerging technologies;
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(3) engagement with end users to incorporate
2
feedback into acquisition decisions and program ad-
3
justments;
4
(4) the ability to use iterative development cy-
5
cles and inform program tradeoffs, including dis-
6
continuing or terminating the development of capa-
7
bilities—
8
(A) that no longer align with approved ca-
9
pability requirements or priorities; or
10
(B)
are
experiencing
significant
cost
11
growth, performance or technical deficiencies,
12
or delays in schedule;
13
(5) a pursuit of professional development to
14
broaden expertise and assume expanded responsibil-
15
ities in cross-functional initiatives; and
16
(6) the ability to overcome obstacles to
17
prioritize end-user outcomes in acquisition execution.
18
(e) INTEGRATION WITH PERSONNEL SYSTEMS AND
19 PROMOTION BOARDS.—The KPOs implemented under
20 subsection (a) shall be integrated into—
21
22
(1) annual performance appraisals for members
of the acquisition workforce;
23
24
(2) promotion, bonus, and assignment considerations for acquisition workforce positions; and
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(3) requirements for certification, training, and
2
continuing education under chapter 87 of title 10,
3
United States Code.
4
(f) ACCELERATING WORKFORCE DEVELOPMENT AND
5 EXPERIENCE.—Not later than 180 days after the date of
6 the enactment of this Act, the Secretary of Defense, acting
7 through the Under Secretary of Defense for Acquisition
8 and Sustainment and the President of the Defense Acqui9 sition University, shall identify and initiate the use of ex10 periential learning platforms, including training simula11 tors or gaming approaches, to accelerate the development
12 of the acquisition workforce on the full range of acquisi13 tion situations and the relevant authorities allowed by law.
14
(g) ACQUISITION WORKFORCE DEFINED.—In this
15 section, the term ‘‘acquisition workforce’’ has the meaning
16 given such term in section 101 of title 10, United States
17 Code.
Subtitle D—Provisions Relating to
19
Supply Chains and Domestic
20
Sourcing
18
21
SEC. 831. APPLICABILITY OF BERRY AMENDMENT TO PRO-
22
CUREMENT OF CERTAIN SEAFOOD.
23
(a) IN GENERAL.—Section 4862(g) of title 10,
24 United States Code, is amended—
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1
(1) by striking ‘‘Subsection (a)’’ and inserting
2
‘‘(1) Except as provided in paragraph (2), sub-
3
section (a)’’; and
4
(2) by adding at the end the following new
5
paragraph:
6
‘‘(2)(A) Paragraph (1) shall not apply with respect
7 to the procurement of seafood originating in a covered for8 eign country, including procurement for use in military
9 dining facilities, galleys aboard United States naval ves10 sels, and procurement for resale in commissary stores,
11 notwithstanding the source of funds used for such pro12 curement.
13
‘‘(B) The Secretary of Defense may waive the re-
14 quirements of subparagraph (A) if such procurement
15 would cause undue burden to a naval vessel while at sea
16 or in port at a foreign port, a dining facility in a foreign
17 country, a commissary, an exchange, or a nonappropriated
18 fund instrumentality located on a military installation lo19 cated outside the United States.
20
‘‘(C) In this paragraph, the term ‘covered foreign
21 country’ means The People’s Republic of China, the Rus22 sian Federation, the Islamic Republic of Iran, or the
23 Democratic People’s Republic of Korea.’’.
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1
(b) RULEMAKING.—The Secretary of Defense shall
2 issue such rules necessary to carry out this section and
3 the amendments made by this section.
4
(c) APPLICABILITY.—This section and the amend-
5 ments made by this section shall apply with respect to con6 tracts entered into on or after the date of the enactment
7 of this Act.
8
SEC. 832. ENHANCEMENT OF DEFENSE SUPPLY CHAIN RE-
9
SILIENCE AND SECONDARY SOURCE QUALI-
10
FICATION.
11
(a) IN GENERAL.—Section 865 of the National De-
12 fense Authorization Act for Fiscal Year 2025 (Public Law
13 118–159; 10 U.S.C. 4811 note) is amended—
14
(1) in subsection (b)—
15
(A) in paragraph (2), by striking ‘‘; and’’
16
and inserting a semicolon;
17
(B) by redesignating paragraph (3) as
18
paragraph (4); and
19
(C) by inserting after paragraph (2) the
20
following new paragraph:
21
‘‘(3) produce all critical readiness items of sup-
22
ply, including those identified as having sole-source
23
dependencies, excessive lead times, unreasonable
24
pricing, or other supply chain deficiencies; and’’;
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1
2
(2) by redesignating subsections (f) through (j)
as subsections (g) through (k), respectively;
3
(3) by inserting after subsection (e) the fol-
4
lowing new subsection:
5
‘‘(f) EXPEDITED QUALIFICATION PANELS.—
6
‘‘(1) Each Secretary of a military department
7
shall establish an Expedited Qualification Panel
8
within the military department under the jurisdic-
9
tion of that Secretary. Each Expedited Qualification
10
Panel shall—
11
‘‘(A) develop standardized templates for
12
expedited Source Approval Requests; and
13
‘‘(B) not later than 14 days after receiving
14
an expedited Source Approval Request—
15
‘‘(i) review the request; and
16
‘‘(ii) based on tiered risk criteria,
17
make a determination with respect to the
18
request which shall consist of—
19
‘‘(I) conditional approval, which
20
may be valid for up to 12 months;
21
‘‘(II) full approval; or
22
‘‘(III) disapproval of the request.
23
‘‘(2) In reviewing and making determinations
24
with respect to Source Approval Requests under
25
paragraph (1), an Expedited Qualification Panel
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1
may use the services of designated engineering rep-
2
resentatives or equivalent third-party certified engi-
3
neers when appropriate.’’; and
4
(4) by adding at the end the following new sub-
5
section:
6
‘‘(l) DEFINITIONS.—In this section:
7
‘‘(1) The term ‘critical readiness items of sup-
8
ply’ has the meaning given the term in section 1733
9
of title 10, United States Code.
10
‘‘(2) The term ‘non-safety critical items, or
11
non-mission critical items’ includes the following
12
items:
13
‘‘(A) Major risk parts or systems the fail-
14
ure of which is likely to cause structural dam-
15
age or significant mission degradation and re-
16
quires finite element modeling, fracture anal-
17
ysis, comparison to similar parts, or similar
18
methods.
19
‘‘(B) Minor risk parts and systems that
20
only have form, fit, and function requirements
21
verified by dimensional coordinate measuring
22
machines, go/no-go gauges, or similar methods.
23
‘‘(C) Low risk parts and systems that are
24
consumable or non-critical, requiring material
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1
certification, visual inspections, or similar meth-
2
ods.
3
‘‘(3) The term ‘safety critical items or mission
4
critical items’ means parts or systems the failure of
5
which is likely to cause loss of control, catastrophic
6
failure, or loss of life, and require full qualification,
7
simulation, and physical testing with Engineering
8
Support Activity witnessing.’’.
9
(b) ACCEPTANCE OF CIVIL AVIATION AUTHORITY
10 CERTIFICATION.—
11
(1) IN GENERAL.—The Secretary of Defense
12
may not conduct a separate review and approval
13
process for aircraft parts and components and repair
14
processes that have been approved by a civil aviation
15
authority under a Parts Manufacturer Approval or
16
Designated Engineering Representative spare or re-
17
pair certification and approval processes unless—
18
(A) a written justification for such addi-
19
tional review and approval process is approved
20
by the commander of a systems command of a
21
military service; and
22
(B) the Secretary submits such justifica-
23
tion to the congressional defense committees.
24
(2) UPDATE TO SOURCE APPROVAL REQUEST
25
PROCESS.—Not later than June 1, 2026, the Sec-
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1
retary of Defense shall update the Defense Logistics
2
Agency Source Approval Request process to estab-
3
lish a uniform evaluation and acceptance method-
4
ology, applicable across all military services, pursu-
5
ant to which spares or repairs with civil aviation au-
6
thority approval, as described in paragraph (1), shall
7
be qualified for use on military aircraft that have a
8
civil equivalent without requiring an additional, sep-
9
arate certification from the Department of Defense,
10
regardless of whether such spares or repairs are de-
11
termined to be safety critical items or mission crit-
12
ical items (as defined in section 865(l) of the Na-
13
tional Defense Authorization Act for Fiscal Year
14
2025 (as added by subsection (a))).
15
SEC. 833. INTERIM NATIONAL SECURITY WAIVERS FOR SUP-
16
PLY CHAIN ILLUMINATION EFFORTS.
17
(a) ELIGIBILITY FOR INTERIM NATIONAL SECURITY
18 WAIVER.—
19
(1) IN GENERAL.—If a contractor, through the
20
use of supply chain illumination efforts, discovers a
21
noncompliant item in a supply chain and promptly
22
discloses that discovery to the program manager re-
23
sponsible for such supply chain, the contractor shall
24
be eligible for a waiver described in subsection (b)
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1
to deliver an end item subject to the requirements
2
of this section.
3
(2) DISCLOSURES.—A disclosure described in
4
paragraph (1) may include a disclosure resulting
5
from supply chain illumination efforts conducted by
6
the contractor, a subcontractor, or by a third-party
7
entity acting on behalf of the contractor or subcon-
8
tractor to increase supply chain transparency. Dis-
9
coveries of non-compliance by the United States
10
Government is not a disclosure described under
11
paragraph (1).
12
(b) INTERIM NATIONAL SECURITY WAIVER.—
13
(1) IN GENERAL.—The Secretary of Defense or
14
the Secretary concerned (as defined in section 101
15
of title 10, United States Code) may issue an in-
16
terim national security waiver under this section to
17
allow a contractor to—
18
(A) accept delivery of an end item that
19
contains a noncompliant item if the program
20
manager determines the noncompliant item
21
does not represent a security, safety, or flight
22
risk; and
23
24
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(B) make payment for the delivery of the
end item.
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1
2
(2) DELEGATION.—The authority to issue a
waiver under paragraph (1) may be delegated—
3
(A) to the service acquisition executive of
4
the military department responsible for the ac-
5
quisition program concerned; or
6
(B) if the end item is used in acquisition
7
programs of more than one military depart-
8
ment, to the Deputy Secretary of Defense or
9
the Under Secretary of Defense for Acquisition
10
and Sustainment.
11
12
(c) REQUIREMENTS FOR INTERIM NATIONAL SECURITY WAIVERS.—
13
(1) WRITTEN
DETERMINATION.—An
interim
14
national security waiver issued under this section
15
shall be include written determination with the fol-
16
lowing:
17
(A)
The
preliminary
facts
and
cir-
18
cumstances regarding the identified noncompli-
19
ant item and the likely cause for noncompli-
20
ance.
21
(B) The types of end items to which the
22
waiver applies, including any additional items
23
currently being evaluated for potential non-
24
compliance with statutes listed in subsection
25
(g).
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1
(C) A determination that any identified
2
noncompliant items in an end item to which the
3
waiver applies and any additional item being
4
evaluated for potential noncompliance do not
5
represent a security, safety, or flight risk.
6
(D) An assessment of program risk due to
7
the acceptance and use of an end item that con-
8
tains a noncompliant item to be procured under
9
the waiver.
10
(2) SUBMISSION TO CONGRESS.—A written de-
11
termination under this subsection shall be submitted
12
to the congressional defense committees not later
13
than five days after the date on which a waiver is
14
issued for the end item that is the subject of such
15
determination.
16
(d) CONTRACTOR RESPONSIBILITY.—A contractor
17 receiving a waiver under this section shall develop and im18 plement a corrective plan to ensure future compliance and
19 demonstrate procurement of the noncompliant item was
20 neither willful nor knowing, as determined by the program
21 manager described in subsection (a). With respect to fu22 ture deliveries of an end item for which a waiver was
23 granted under this section, the contractor shall use rea24 sonably expedient means to qualify an alternative compli-
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1 ant supplier, where available, for noncompliant items con2 tained in such end item.
3
(e) TERMINATION; APPLICABILITY.—The authority
4 to issue an interim national security waiver under this sec5 tion shall expire on January 1, 2028. A waiver issued be6 fore such date shall apply with respect to any contract
7 for procurement of an end item entered into one or before
8 such date.
9
(f) BRIEFINGS.—Not later than April 1, 2026, and
10 April 1, 2027, the Under Secretary of Defense for Acquisi11 tion and Sustainment shall provide to the Committees on
12 Armed Services of the Senate and House of Representa13 tives a briefing on waivers issued under this section and
14 corrective action plans of contractors to ensure future
15 compliance with existing authorities.
16
(g) NONCOMPLIANT ITEM DEFINED.—In this sec-
17 tion, the term ‘‘noncompliant item’’ means an item cov18 ered by one or more of the following provisions of law:
19
(1) Section 4863 of title 10, United States
20
Code, relating to a requirement to buy strategic ma-
21
terials critical to national security from American
22
sources.
23
(2) Section 4872 of title 10, United States
24
Code, relating to a prohibition on acquisition of sen-
25
sitive materials from non-allied foreign nations.
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1
(3) Section 4873 of title 10, United States
2
Code, relating to additional requirements pertaining
3
to printed circuit boards.
4
(4) Section 1211 of the National Defense Au-
5
thorization Act for Fiscal Year 2006 (Public Law
6
109–163; 10 U.S.C. 4651 note prec.), relating to a
7
prohibition on procurements from Chinese military
8
companies.
9
(5) Section 805 of the National Defense Au-
10
thorization Act for Fiscal Year 2024 (Public Law
11
118–31; 10 U.S.C. 4651 note prec.), relating to a
12
prohibition on procurements related to entities iden-
13
tified as Chinese military companies operating in the
14
United States.
15
(6) Section 154 of the National Defense Au-
16
thorization Act for Fiscal Year 2024 (Public Law
17
118–31; 10 U.S.C. 4651 note prec.), relating to a
18
prohibition on availability of funds for procurement
19
of certain batteries.
20
(7) Section 244 of the National Defense Au-
21
thorization Act for Fiscal Year 2024 (Public Law
22
118–31; 10 U.S.C. 4651 note prec.), relating to a
23
limitation on sourcing chemical materials for muni-
24
tions from certain countries.
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1
SEC. 834. STRATEGY TO ELIMINATE ACQUISITION OF OPTI-
2
CAL GLASS FROM CERTAIN NATIONS.
3
(a) IN GENERAL.—The Secretary of Defense shall
4 develop and implement a strategy to eliminate the reliance
5 of the Department of Defense on any covered nation to
6 acquire optical glass or optical systems by January 1,
7 2030.
8
(b) STRATEGY REQUIREMENTS.—The strategy re-
9 quired by subsection (a) shall—
10
(1) identify the current requirements of the De-
11
partment of Defense for optical glass and optical
12
systems and estimate the projected requirements of
13
the Department for optical glass and optical systems
14
through the year 2040;
15
(2) identify the sources of optical glass or opti-
16
cal systems used to meet the requirements described
17
in paragraph (1), including any sources of optical
18
glass or optical systems produced in a covered na-
19
tion; and
20
(3) identify actions to be taken by the Secretary
21
of Defense to ensure the defense industrial base is
22
able to meet the needs of the Department for optical
23
glass and optical systems.
24
(c) IMPLEMENTATION.—Not later than 270 days
25 after the date of enactment of this Act, the Secretary of
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1 Defense shall implement the strategy required by sub2 section (a).
3
(d) BRIEFING AND REPORT.—
4
(1) BRIEFING.—Not later than 180 days after
5
the date of the enactment of this Act, the Secretary
6
of Defense shall provide to the congressional defense
7
committees a briefing on the strategy required by
8
subsection (a), including an identification of any
9
changes to funding or policy required to fully imple-
10
ment the strategy.
11
(2) INTERIM REPORT ON IMPLEMENTATION.—
12
Not later than March 15, 2027, the Secretary of De-
13
fense shall submit to the congressional defense com-
14
mittees a report on the progress of the implementa-
15
tion of the strategy required by subsection (a), in-
16
cluding an identification of any risk to the ability of
17
the Secretary to eliminate the reliance of the De-
18
partment of Defense on any covered nation to ac-
19
quire optical glass or optical systems by January 1,
20
2030.
21
(e) DEFINITIONS.—In this section:
22
23
24
25
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(1) The term ‘‘covered nation’’ means—
(A) the Democratic People’s Republic of
North Korea;
(B) the People’s Republic of China;
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1
(C) the Russian Federation;
2
(D) the Republic of Belarus; and
3
(E) the Islamic Republic of Iran.
4
5
(2) The term ‘‘optical glass’’ means glass used
in optical lenses, prisms, or mirrors.
6
(3) The term ‘‘optical system’’ means an ar-
7
rangement of optical components, including optical
8
glass, that manipulates light to produce a specific
9
outcome.
10
SEC. 835. STRATEGY TO ELIMINATE SOURCING OF COM-
11
12
PUTER DISPLAYS FROM CERTAIN NATIONS.
(a) IN GENERAL.—The Secretary of Defense shall
13 develop and implement a strategy to eliminate the reliance
14 of the Department of Defense on any covered nation for
15 the acquisition of computer displays by January 1, 2030.
16
(b) STRATEGY REQUIREMENTS.—The strategy re-
17 quired by subsection (a) shall—
18
(1) identify the current requirements of the De-
19
partment of Defense for computer displays and esti-
20
mate the projected requirements of the Department
21
for computer displays through the year 2040;
22
(2) identify the sources of computer displays
23
used to meet the current requirements of the De-
24
partment described in paragraph (1), including any
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1
sources of computer displays produced in a covered
2
nation; and
3
(3) identify actions to be taken by the Secretary
4
of Defense to ensure the defense industrial base is
5
able to meet the needs of the Department for com-
6
puter displays without any reliance on a covered na-
7
tion not later January 1, 2030.
8
(c) IMPLEMENTATION.—Not later than 270 days
9 after the date of enactment of this Act, the Secretary of
10 Defense shall begin implementing the strategy required by
11 subsection (a).
12
(d) BRIEFING AND REPORT.—
13
(1) BRIEFING.—Not later than 180 days after
14
the date of the enactment of this Act, the Secretary
15
of Defense shall submit to the congressional defense
16
committees a briefing on the strategy required by
17
subsection (a), including an identification of any
18
changes to funding or policy required to eliminate
19
the reliance of the Department of Defense on any
20
covered nation to acquire computer displays by Jan-
21
uary 1, 2030.
22
(2) INTERIM REPORT ON IMPLEMENTATION.—
23
Not later than March 15, 2027, the Secretary of De-
24
fense shall submit to the congressional defense com-
25
mittees a report on the progress of the implementa-
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1
tion of the strategy required by subsection (a), in-
2
cluding an identification of any risk to the ability of
3
the Secretary to eliminate the reliance of the De-
4
partment of Defense on any covered nation to ac-
5
quire computer displays by January 1, 2030.
6
(e) DEFINITIONS.—In this section:
7
(1) The term ‘‘covered nation’’ has the meaning
8
given such term in section 4872(f) of title 10,
9
United States Code.
10
11
(2) The term ‘‘computer display’’ means a device—
12
(A) that receives a digital output from a
13
computer and visually displays that output as
14
an electronic image; and
15
(B) is an end item (as defined in section
16
4863(m) of title 10, United States Code).
17
SEC. 836. VOLUNTARY REGISTRATION OF COMPLIANCE
18
WITH COVERED SOURCING REQUIREMENTS
19
FOR COVERED PRODUCTS.
20
(a) IN GENERAL.—Not later than January 1, 2027,
21 the Secretary of Defense shall establish and maintain a
22 publicly available online repository of information provided
23 by an offeror related to the compliance of a covered prod24 uct with covered sourcing requirements.
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1
(b) REGISTRATION AND ATTESTATION PROCESS.—In
2 carrying out subsection (a), the Secretary of Defense shall
3 establish a process under which an offeror may voluntarily
4 submit to the Secretary an attestation relating to the com5 pliance of a covered product with a covered sourcing re6 quirement. Such attestation shall—
7
(1) require an offeror to acknowledge liability
8
for making a false attestation in accordance with
9
section 3729 of title 31, United States Code; and
10
11
(2) enable an offeror to register a covered product with the Secretary of Defense by providing—
12
(A) a unique product identifier sufficient
13
to distinguish the covered product to be reg-
14
istered from a similar covered product;
15
(B) a national stock number (if available),
16
a description of the covered product, or other
17
information related to the form, fit, or function
18
of the covered product; and
19
(C) an attestation, including relevant docu-
20
mentation, of the compliance of a covered prod-
21
uct with one or more covered sourcing require-
22
ments.
23
(c) PROOF OF REGISTRATION.—The Secretary of De-
24 fense shall issue to an offeror that registers a covered
25 product in accordance with the process established under
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1 subsection (b) a proof of registration associated with a
2 unique product identifier of the covered product.
3
(d) AVAILABILITY OF INFORMATION.—
4
(1)
COMPLIANCE
INFORMATION.—The
Sec-
5
retary of Defense shall make available the informa-
6
tion necessary to enable offerors to assess the com-
7
pliance of a covered product with a covered sourcing
8
requirement.
9
(2) RESOURCES.—The Secretary shall ensure
10
that an eligible entity has adequate resources to
11
train offerors about the requirements of this section
12
and to assist an offeror with the registration and at-
13
testation process established under subsection (b).
14
(e) ENCOURAGING REGISTRATION OF PRODUCTS.—
15 The Secretary of Defense shall establish policies and pro16 cedures to encourage offerors to register covered products.
17 These policies and procedures shall ensure that—
18
(1) offerors are incentivized to disclose any non-
19
compliance with the requirements of this section,
20
with the goal of expanding the number of vendors
21
with products qualified for use by the Department of
22
Defense;
23
(2) with respect to any disclosure made under
24
paragraph (1), that such offeror is provided with in-
25
formation and assistance to determine the actions
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1
required to remedy such noncompliance in order to
2
meet the criteria to register the product concerned;
3
and
4
(3) an offeror making such a disclosure will re-
5
ceive a referral to the appropriate programs or of-
6
fices of the Department of Defense that are respon-
7
sible for strengthening the defense industrial base,
8
promoting domestic industry, and accelerating pri-
9
vate investment in supply chain technologies that are
10
critical for national security.
11
(f) BRIEFINGS.—
12
(1) INITIAL BRIEFING.—Not later than May 1,
13
2026, the Secretary of Defense shall provide to the
14
Committees on Armed Services of the Senate and
15
House of Representatives a briefing on—
16
(A) the process established under sub-
17
section (b) to allow an offeror to voluntarily
18
submit an attestation of compliance of a cov-
19
ered product in the repository; and
20
(B) the progress made in establishing the
21
repository required by subsection (a).
22
(2) INTERIM BRIEFING.—
23
(A) IN GENERAL.—Not later than May 1,
24
2027, the Secretary of Defense shall provide to
25
the Committees on Armed Services of the Sen-
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1
ate and House of Representatives an interim
2
briefing on the establishment of the repository
3
required by subsection (a), the number and
4
types of the contractors seeking to register cov-
5
ered products in such repository and volun-
6
teering to submit attestations for compliance
7
with sourcing requirements under the process
8
established under subsection (b).
9
(B) CONTENTS.—The briefing required by
10
subparagraph (A) shall include an assessment
11
of the feasibility of using the repository re-
12
quired by subsection (a) to also serve as a com-
13
mon platform for information routinely required
14
for supplier onboarding, qualification, or due
15
diligence review by the Department of Defense
16
or a prime contractor of the Department, in-
17
cluding—
18
(i) business registration, Data Uni-
19
versal Numbering System number, Com-
20
mercial and Government Entity code and
21
federal tax identification number;
22
(ii) ownership and corporate struc-
23
ture, including any parent company or sub-
24
sidiaries;
25
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1
(iv) small business size classification
2
and North American Industry Classifica-
3
tion System code, if applicable; and
4
(v) compliance certifications, including
5
certifications for cybersecurity, trade and
6
export controls, anti-corruption policy, and
7
traceability practices.
8
(3) FINAL BRIEFING.—Not later than April 1,
9
2029, the Secretary of Defense shall provide to the
10
Committees on Armed Services of the Senate and
11
House of Representatives a final briefing on the suc-
12
cess of the repository required under subsection (a)
13
and the process established under subsection (b), in-
14
cluding participation statistics and whether or not
15
the Secretary will continue to maintain the reposi-
16
tory.
17
(g) DEFINITIONS.—In this section:
18
(1) The term ‘‘covered product’’ means a good
19
offered for purchase to the Secretary of Defense or
20
as an item of supply for a contractor performing on
21
a contract with the Department of Defense—
22
(A) by—
23
(i) a small business concern (as de-
24
fined under section 3 of the Small Busi-
25
ness Act (15 U.S.C. 632)); or
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1
(ii) a manufacturer of critical readi-
2
ness items of supply (as defined in section
3
1733 of title 10, United States Code); and
4
(B) that is subject to a covered sourcing
5
requirement.
6
(2) The term ‘‘covered sourcing requirement’’
7
means a requirement under any of the following:
8
(A) Section 4863 of title 10, United States
9
Code.
10
(B) Section 4862 of title 10, United States
11
Code.
12
(C) Section 4864 of title 10, United States
13
Code.
14
(D) Chapter 83 of title 41, United States
15
Code.
16
(3) The term ‘‘eligible entity’’ means an eligible
17
entity carrying out activities pursuant to a procure-
18
ment technical assistance program funded under
19
chapter 388 of title 10, United States Code.
20
(4) The term ‘‘item of supply’’ has the meaning
21
given such term in section 108 of title 41, United
22
States Code.
23
SEC. 837. ACCELERATION OF QUALIFICATION OF COMPLI-
24
ANT SOURCES.
25
(a) ESTABLISHMENT.—
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1
2
(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act—
3
(A) the Secretary of Defense shall estab-
4
lish in the collaborative forum described in sec-
5
tion 1844(a) of this Act a working group; and
6
(B) such working group shall develop rec-
7
ommendations for—
8
(i) enhancing the exchange of infor-
9
mation between the Department of De-
10
fense and contractors of the defense indus-
11
trial base about compliant materials; and
12
(ii) accelerating the qualification of
13
such materials for use by the Department
14
of Defense and the integration of such ma-
15
terials into the supply chains of contrac-
16
tors of the Department of Defense.
17
18
(2) RESPONSIBILITIES.—The working group established under paragraph (1) shall—
19
(A) identify processes for exchanging infor-
20
mation about compliant materials between the
21
Department of Defense and contractors of the
22
defense industrial base while maintaining ap-
23
propriate safeguards of commercially propri-
24
etary information;
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1
(B) identify processes and procedures to
2
streamline the identification, testing, and quali-
3
fication of compliant sources and compliant ma-
4
terials;
5
(C) seek to reduce the unnecessary applica-
6
tion of requirements that are specific to a single
7
Armed Force for identification, testing, and
8
qualification of compliant sources and compli-
9
ant material;
10
(D) provide a forum for the Army, Navy,
11
Air Force, Marine Corps, and Space Force and
12
other elements of the Department of Defense to
13
share technical and supply chain data related to
14
requirements for covered materials;
15
(E) identify compliant sources at each step
16
of the supply chain, to the extent that such sup-
17
ply chains are subject to subchapter III of
18
chapter 385 of title 10, United States Code;
19
(F) at least once a quarter, publish for the
20
members of the working group and for the
21
Under Secretary of Defense for Acquisition and
22
Sustainment, a list of compliant sources for
23
each critical material, including a general de-
24
scription of what step of the supply chain in
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1
which each compliant source is participating, if
2
any;
3
(G) develop and recommend processes to
4
enable the Department of Defense to rapidly
5
identify, qualify, and integrate compliant mate-
6
rials into programs of the Department at scale;
7
(H) seek to reduce future requirements for
8
critical materials in defense systems by encour-
9
aging contractors of the Department of Defense
10
to design and develop systems that use commer-
11
cially available critical materials, when such
12
materials are capable of meeting mission needs;
13
(I) seek input from small and nontradi-
14
tional contractors and ensure the working
15
group considers the unique attributes of such
16
businesses in carrying out the responsibilities of
17
the working group under this subsection;
18
(J) develop and provide recommendations
19
to reduce impediments or disincentives for a
20
supplier of an end item to the Department of
21
Defense to revise a supply chain agreement or
22
other arrangement to eliminate the reliance of
23
the supplier on noncompliant sources;
24
25
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(K) any other matters assigned to the
working group by the Secretary; and
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1
(L) provide the Secretary with timely rec-
2
ommendations developed pursuant to this sec-
3
tion.
4
(b) DEFINITIONS.—In this section:
5
(1) The term ‘‘compliant source’’ means an en-
6
tity engaged in the production, manufacture, or dis-
7
tribution of a critical material that is compliant with
8
the requirements of subchapter III of chapter 385 of
9
title 10, United States Code.
10
(2) The term ‘‘compliant material’’ means crit-
11
ical material that is sourced from a compliant
12
source.
13
(3) The term ‘‘critical material’’ means a mate-
14
rial subject to sourcing restrictions under subchapter
15
III of chapter 385 of title 10, United States Code.
16
(4) The term ‘‘end item’’ has the meaning given
17
such term in section 4863 of title 10, United States
18
Code.
19
SEC. 838. ASSESSMENT OF CRITICAL INFRASTRUCTURE
20
OWNED BY THE DEPARTMENT OF DEFENSE
21
DEPENDENT ON FOREIGN MATERIALS OR
22
COMPONENTS.
23
(a) LIST OF CERTAIN CRITICAL INFRASTRUCTURE.—
24 Not later than January 1, 2027, the Secretary of Defense
25 shall—
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1
(1) list all critical infrastructure that relies on
2
materials or components the origin of which is a for-
3
eign entity of concern; and
4
(2) acting through the Assistant Secretary of
5
Defense for Industrial Base Policy, conduct a risk
6
assessment of the materials or components included
7
in the list under paragraph (1).
8
(b) COORDINATION.—In conducting the risk assess-
9 ment under subsection (a)(2), the Assistant Secretary of
10 Defense for Industrial Base Policy coordinate with the
11 head of the Mission Assurance Office of the Office of the
12 Under Secretary of Defense for Policy.
13
(c) RESOURCES.—The Secretary of Defense shall en-
14 sure sufficient time and resources are provided for the hir15 ing and training of personnel to conduct the risk assess16 ment required subsection (a)(2) analysis before the sub17 mission of the first briefing required under subsection (e).
18
(d) RISK ASSESSMENT.—The risk assessment re-
19 quired by subsection (a) shall include—
20
(1) an evaluation of the dependence of high-risk
21
critical infrastructure on materials or components
22
the origin of which is a foreign entity of concern;
23
(2) an evaluation of vulnerability to supply
24
chain disruption during a national emergency to
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1
high-risk critical infrastructure, including industrial
2
control systems;
3
(3) an assessment of the resilience and capacity
4
of high-risk critical infrastructure to support mis-
5
sion-critical operations and readiness during a na-
6
tional emergency;
7
(4) an identification of the location of design,
8
manufacturing, and packaging facilities for materials
9
or components described in subsection (a)(2); and
10
(5) an assessment of the manufacturing capac-
11
ity of the United States to replace materials or com-
12
ponents described in subsection (a)(2), including—
13
(A) gaps in domestic manufacturing capa-
14
bilities, including nonexistent, extinct, threat-
15
ened, and single point-of-failure capabilities;
16
(B) supply chains with single points of fail-
17
ure and limited resiliency; and
18
(C) economic factors, including global com-
19
petition, that threaten the viability of domestic
20
manufacturers.
21
(e) FOCUSED ANALYSIS.—The Secretary may ini-
22 tially limit risk assessment required by subsection (a) to
23 a subset of the most critical assets identified by the head
24 of the Mission Assurance Office, such as those assets de-
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1 termined to be essential to a contingency in the Indo-Pa2 cific area of responsibility, to ensure a focused analysis.
3
(f) BRIEFING REQUIRED.—Not later than 180 days
4 after date of completion of the risk assessment required
5 by subsection (a), and annually thereafter until the date
6 that is five years after the date of the enactment of this
7 Act, the Secretary of Defense shall provide to the congres8 sional defense committees a classified briefing that in9 cludes—
10
(1) findings on the traceability and provenance
11
of materials or components described in subsection
12
(a)(2);
13
14
(2) strategies to strengthen the resilience and
readiness of critical infrastructure; and
15
(3) recommendations for critical infrastructure
16
supply chain resilience and manufacturing activities,
17
including—
18
(A) modifications to procurement policies
19
to reduce reliance on high-risk supply chains;
20
and
21
(B) other matters the Secretary determines
22
appropriate, including success stories or case
23
studies of Departmental actions to mitigate for-
24
eign entity of concern-related risks.
25
(g) DEFINITIONS.—In this section:
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1
(1) The term ‘‘critical infrastructure’’ means
2
any system or asset owned by the Department of
3
Defense so vital to the United States that the deg-
4
radation or destruction of such system or asset
5
would have a debilitating impact on national secu-
6
rity, including economic security and public health
7
or safety.
8
9
(2) The term ‘‘foreign entity of concern’’
means—
10
(A) the People’s Republic of China;
11
(B) the Democratic People’s Republic of
12
Korea;
13
(C) the Russian Federation;
14
(D) the Islamic Republic of Iran; and
15
(E) any other entity determined by the
16
Secretary of Defense to present material risk to
17
the national security interests of the United
18
States.
20
Subtitle E—Prohibitions and
Limitations on Procurement
21
SEC. 841. REQUIREMENTS RELATING TO LONG-TERM CON-
22
CESSIONS AGREEMENTS WITH CERTAIN RE-
23
TAILERS.
19
24
(a) ASSESSMENT OF ESTABLISHED AGREEMENTS.—
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1
(1) IN GENERAL.—Not later than 180 days
2
after the date of the enactment of this section, the
3
Secretary of Defense shall review each long-term
4
concessions agreement to identify any such agree-
5
ments with a retailer that is controlled by a covered
6
nation that permit such retailer to operate or con-
7
duct business through a physical location on a cov-
8
ered military installation.
9
10
(2) TERMINATION OF CERTAIN CONCESSIONS
AGREEMENTS.—
11
(A) IN GENERAL.—Not later than 30 days
12
after making the determinations described in
13
subparagraph (B) with respect to a long-term
14
concessions agreement with a retailer, the Sec-
15
retary of Defense shall terminate such long-
16
term concessions agreement unless the Sec-
17
retary waives this paragraph with respect to
18
such retailer in accordance with section 4664(b)
19
of title 10, United States Code, as added by
20
this section.
21
(B) DETERMINATIONS
DESCRIBED.—The
22
determinations described in this subparagraph
23
are, with respect to a long-term concessions
24
agreement—
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1
(i) a determination that the retailer
2
that is a party to such long-term conces-
3
sions agreement is controlled by a covered
4
nation based on an assessment required by
5
paragraph (1); and
6
(ii) a determination that an exception
7
under section 4664(c) of title 10, United
8
States Code, as added by this section,
9
would not apply with respect to such long-
10
term concessions agreement with such re-
11
tailer if such retailer entered into such
12
long-term concessions agreement on or
13
after the date of the enactment of this sec-
14
tion.
15
(3) BRIEFING.—Upon completing the review re-
16
quired by paragraph (1), the Secretary of Defense
17
shall provide the Committees on Armed Services of
18
the House of Representatives and Senate a briefing
19
on the findings of such review and a summary of the
20
actions taken to implement the requirements of sec-
21
tion 4664 of title 10, United States Code, as added
22
by this section.
23
(4) CONTROLLED BY A COVERED NATION; COV-
24
ERED MILITARY INSTALLATION; LONG-TERM CON-
25
CESSIONS AGREEMENT; RETAILER DEFINED.—The
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1
terms ‘‘controlled by a covered nation’’, ‘‘covered
2
military installation’’, ‘‘long-term concessions agree-
3
ment’’, and ‘‘retailer’’ have the meanings given such
4
terms, respectively, in section 4664 of title 10,
5
United States Code, as added by this section.
6
(b) IN GENERAL.—Chapter 363 of title 10, United
7 States Code, is amended by adding at the end the fol8 lowing new section:
9 ‘‘§ 4664. Requirements relating to long-term conces10
11
sions agreements with certain retailers
‘‘(a) PROHIBITION ON CONTRACTING WITH CERTAIN
12 RETAILERS.—Except as provided by subsections (b) and
13 (c), the Secretary of Defense may not renew, extend, or
14 enter into a long-term concessions agreement with a re15 tailer that is controlled by a covered nation to permit such
16 retailer to operate or conduct business through a physical
17 location on a covered military installation.
18
‘‘(b) WAIVER.—(1) The Secretary may waive the re-
19 quirements of subsection (a) with respect to a long-term
20 concessions agreement with a retailer if the Secretary de21 termines that—
22
‘‘(A) the goods or services to be provided by the
23
retailer under such long-term concessions agreement
24
are vital for the welfare and morale of members of
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1
the Armed Forces and no reasonable alternatives
2
exist; and
3
‘‘(B) the Secretary has implemented adequate
4
measures to mitigate any potential national security
5
risks of the retailer.
6
‘‘(2) Not later than 30 days after each use of the
7 waiver authority under paragraph (1), the Secretary shall
8 provide to the Committees on Armed Services of the
9 House of Representatives and Senate a justification for
10 such waiver and a description of any risk mitigation strat11 egies described in paragraph (1)(B).
12
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply
13 with respect to a long-term concessions agreement with
14 a retailer if—
15
‘‘(1) such retailer has received a determination
16
from the Committee on Foreign Investment in the
17
United States (in this section referred to as the
18
‘Committee’) that there are no unresolved national
19
security concerns with respect to the retailer in con-
20
nection to a matter submitted to the Committee and
21
which the Committee concluded all action pursuant
22
to section 721 of the Defense Production Act of
23
1950 (50 U.S.C. 4565); or
24
‘‘(2) such retailer is organized under the laws
25
of the United States or any jurisdiction of the
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1
United States and is operated by citizens of the
2
United States and the products offered for sale by
3
such retailer on the covered military installation
4
under such long-term concessions agreement are not
5
produced in a covered nation.
6
‘‘(d) DEFINITIONS.—In this section:
7
8
‘‘(1) The term ‘controlled by a covered nation’
means, with respect to a retailer—
9
‘‘(A) that the retailer is organized under
10
the laws of a covered nation or any jurisdiction
11
within a covered nation;
12
‘‘(B) that the government of a covered na-
13
tion—
14
‘‘(i) owns 50 percent or more of the
15
shares of the retailer; or
16
‘‘(ii) otherwise owns the controlling
17
interest in such retailer; or
18
‘‘(C) that the retailer is subject to the di-
19
rect control of the government of a covered na-
20
tion.
21
‘‘(2) The term ‘covered military installation’
22
means a military installation (as defined in section
23
2801 of this title) located in the United States.
24
25
‘‘(3) The term ‘covered nation’ has the meaning
given in section 4872 of this title.
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‘‘(4) The term ‘long-term concessions agree-
2
ment’ means a contract, subcontract, or other agree-
3
ment, including a lease agreement or licensing agree-
4
ment, to operate a business through a physical loca-
5
tion on a covered military installation entered into
6
by—
7
‘‘(A) the Secretary of Defense or a Sec-
8
retary of a military department and a person;
9
or
10
‘‘(B) a person and a nonappropriated fund
11
instrumentality.
12
‘‘(5) The term ‘retailer’ means a person that
13
operates or seeks to operate a business providing
14
goods or services on a covered military installation
15
under a contract, subcontract, or other agreement,
16
including a lease agreement or licensing agreement,
17
with—
18
19
‘‘(A) a nonappropriated fund instrumentality;
20
‘‘(B) the Secretary of Defense; or
21
‘‘(C) a Secretary of a military depart-
22
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1
SEC. 842. PROHIBITION ON ACQUISITION OF ADVANCED
2
BATTERIES
3
SOURCES.
4
FROM
CERTAIN
FOREIGN
(a) IN GENERAL.—Subchapter II of chapter 385 of
5 title 10, United States Code, is amended by adding at the
6 end the following new section:
7 ‘‘§ 4865. Prohibition on acquisition of advanced bat8
teries composed of materials from certain
9
foreign sources
10
‘‘(a) IN GENERAL.—The Secretary of Defense shall
11 procure advanced batteries and cells whose functional cell
12 components and technology, whether as end items or em13 bedded within warfighting and support systems, are not
14 owned, sourced, refined, or produced from a foreign entity
15 of concern.
16
‘‘(b) APPLICABILITY.—This section applies to all new
17 acquisition programs on January 1, 2028, standard bat18 teries on January 1, 2029, and for existing acquisition
19 programs on January 30, 2031.
20
‘‘(c) EXCEPTIONS.—
21
‘‘(1) SOURCING
22
AND
PRODUCTION
COMPLI-
ANCE.—
23
‘‘(A) IN GENERAL.—Subsection (a) does
24
not apply to an advanced battery or cell of an
25
advanced battery if—
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1
‘‘(i) the final assembly of such ad-
2
vanced battery or cell is carried out by an
3
entity other than a foreign entity of con-
4
cern;
5
‘‘(ii) functional cell components com-
6
prising more than 95 percent of the costs
7
of the functional cell components of such
8
advanced battery or cell are from sources
9
other than foreign entities of concern; and
10
‘‘(iii) such advanced battery or cell is
11
produced without technology licensed from
12
a foreign entity of concern.
13
‘‘(B)
RECYCLED
SOURCE
DETERMINA-
14
TION.—For
15
(A)(ii), any material or component from an en-
16
tity that has been recycled and reprocessed do-
17
mestically is considered to originate from that
18
entity regardless of origin.
19
‘‘(2) EXCLUDED
the purposes of subparagraph
BATTERIES.—Subsection
(a)
20
does not apply to a battery or cell of a battery that
21
is—
22
‘‘(A) acquired for use in a cell phone,
23
laptop, personal electronic device, or medical
24
equipment intended for use in an office, admin-
25
istrative, hospital, or non-combat environment;
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1
‘‘(B) commercially available off-the-shelf
2
item for use only in the maintenance of equip-
3
ment; or
4
‘‘(C) acquired for research, development,
5
testing, and evaluation by the Department of
6
Defense.
7
‘‘(3) WAIVER.—
8
‘‘(A) IN GENERAL.—The Secretary of De-
9
fense may waive the limitations specified in sub-
10
section (a) for a specific system or battery for
11
one year if—
12
‘‘(i) the Secretary determines that a
13
satisfactory quality and sufficient quantity
14
such advanced battery or cell that are not
15
subject to such prohibition cannot be ac-
16
quired as and when needed by the Depart-
17
ment of Defense at reasonable costs; or
18
‘‘(ii) in the case of an advanced bat-
19
tery or cell that is a component of a
20
warfighting or support system, sufficient
21
documentation exists to show that such ad-
22
vanced battery or cell is not a functional
23
enabler of operational capability for such
24
system and such advanced battery or cell
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1
poses no risk to the security of or sourcing
2
for such system.
3
‘‘(B) DELEGATION.—The Secretary of De-
4
fense may delegate the authority under sub-
5
paragraph (A) only to the Under Secretary of
6
Defense for Acquisition and Sustainment.
7
‘‘(d) REPORT.—Not later than December 1, 2028,
8 and not less frequently than once every three years there9 after until the date that is twelve years after the date of
10 the enactment of this Act, the Secretary of Defense shall
11 provide to the congressional defense committees a briefing
12 on the status of meeting the requirements under sub13 section (a).
14
‘‘(e) DEFINITIONS.—In this section:
15
‘‘(1) The term ‘new acquisition program’ means
16
a defense acquisition program that has not reached
17
the initiation of the engineering and manufacturing
18
development phase, or an equivalent phase of devel-
19
opment, including a defense acquisition program
20
that has not undergone a formal Milestone B ap-
21
proval or equivalent decision point, before the date
22
of the enactment of this Act.
23
‘‘(2) The term ‘existing acquisition program’
24
means a defense acquisition program that has
25
reached the initiation of the engineering and manu-
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1
facturing development phase, or an equivalent phase
2
of development, including a defense acquisition pro-
3
gram that has undergone a formal Milestone B ap-
4
proval or equivalent decision point, before the date
5
of the enactment of this Act.
6
‘‘(3) The term ‘functional cell component’
7
means the cathode materials, anode materials, sepa-
8
rators, anode foils, and other functional materials of
9
an advanced battery that contribute to the chemical
10
processes necessary for energy storage, including sol-
11
vents, additives, electrolyte salts, and internal safety
12
devices.
13
‘‘(4) The ‘foreign entity of concern’ has the
14
meaning given such term under section 40207(a) of
15
the Infrastructure Investment and Jobs Act (42
16
U.S.C. 18741(a)), and includes entities specified in
17
section 154 of the National Defense Authorization
18
Act for Fiscal Year 2024 (Public Law 118–31; 10
19
U.S.C. 4651 note prec.).
20
‘‘(5) The term ‘standard battery’ means a bat-
21
tery that used in more than one weapons system and
22
are not managed by one portfolio acquisition execu-
23
tive.’’.
24
(b) APPLICABILITY.—Section 4865 of title 10, United
25 States Code, as added by subsection (a), shall apply only
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1 with respect to contracts or other agreements entered into
2 after the date of the enactment of this Act.
3
(c) IMPLEMENTATION.—Not later than 180 days
4 after the date of the enactment of this Act, the Secretary
5 of Defense shall revise the Department of Defense Supple6 ment to the Federal Acquisition Regulation to incorporate
7 the requirements of this section 4865 of title 10, United
8 States Code, as added by subsection (a).
9
SEC. 843. APPLICATION OF NATIONAL SECURITY WAIVER
10
FOR STRATEGIC MATERIALS SOURCING RE-
11
QUIREMENT TO SENSITIVE MATERIALS.
12
Section 4872 of title 10, United States Code, is
13 amended—
14
(1) in subsection (a)—
15
(A) by striking ‘‘subsection (c) or sub-
16
section (e)’’ and inserting ‘‘subsections (c) and
17
(e)’’; and
18
(B) in paragraph (1), by striking ‘‘sub-
19
section (c)’’ and inserting ‘‘subsections (c) and
20
(e)’’; and
21
(2) in subsection (e)—
22
23
24
25
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(A) in paragraph (1), by striking ‘‘of the
Secretary’’; and
(B) by adding at the end the following new
paragraph:
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1
‘‘(3) APPLICATION
OF
NATIONAL
SECURITY
2
WAIVER FOR STRATEGIC MATERIALS.—If
3
retary of Defense or the authorized delegate has
4
made a determination under subsection (k) of sec-
5
tion 4863 of this title for a national security waiver
6
of the restrictions under subsection (a) of that sec-
7
tion for a specific end item, the Secretary or author-
8
ized delegate may apply that waiver to the restric-
9
tions under subsection (a) of this section for the
10
same covered material or end item.’’.
the Sec-
11
SEC. 844. PROHIBITION OF PROCUREMENT OF MOLYB-
12
DENUM, GALLIUM, OR GERMANIUM FROM
13
NON-ALLIED
14
THORIZATION FOR PRODUCTION FROM RE-
15
COVERED MATERIAL.
16
FOREIGN
NATIONS
AND
AU-
(a) AMENDMENTS RELATED TO MOLYBDENUM.—
17
(1) DEFINITION OF COVERED MATERIAL.—Sec-
18
tion 4872(f)(1) of title 10, United States Code, is
19
amended—
20
21
22
23
24
25
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(A) in subparagraph (D), by striking ‘‘;
and’’ and inserting a semicolon;
(B) in subparagraph (E), by striking the
period and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
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1
‘‘(F) molybdenum.’’.
2
(2) EXCEPTIONS
TO
PROHIBITION.—Section
3
4872(c)(3) of title 10, United States Code, is
4
amended—
5
6
7
(A) in subparagraph (B), by striking ‘‘;
or’’ and inserting a semicolon;
(B) in subparagraph (C)—
8
(i) by inserting ‘‘or samarium-cobalt
9
magnet’’
10
magnet’’; and
11
after
‘‘neodymium-iron-boron
(ii) by striking the period at the end
12
and inserting ‘‘; or’’; and
13
(C) by adding at the end the following new
14
subparagraph:
15
‘‘(D) tantalum, tungsten, or molybdenum
16
produced from recycled material if the con-
17
tractor demonstrates to the Secretary that the
18
recycled material was produced outside of a cov-
19
ered nation and the melting of the recycled ma-
20
terial and any further processing and manufac-
21
turing of the recycled material takes place in
22
the United States or in the country of a quali-
23
fying foreign government, as defined in section
24
4863(m)(11) of this title.’’.
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1
(b) AMENDMENTS RELATED
TO
GALLIUM
AND
2 GERMAINUM.—
3
(1) DEFINITION OF COVERED MATERIAL.—Sec-
4
tion 4872(f)(1) of title 10, United States Code, as
5
amended by subsection (a)(1), is further amended—
6
(A) in subparagraph (E), by striking ‘‘;
7
and’’ and inserting a semicolon;
8
(B) in subparagraph (F), as added by sub-
9
section (a), by striking the period at the end
10
and inserting a semicolon; and
11
(C) by adding at the end the following new
12
subparagraphs:
13
‘‘(G) germanium; and
14
‘‘(H) gallium.’’.
15
(2) EXCEPTIONS
TO
PROHIBITION.—Section
16
4872(c)(3)(D) of title 10, United States Code, as
17
added by subsection (a)(2), is amended by striking
18
‘‘or molybdenum’’ and inserting ‘‘molybdenum,
19
gallium, or germanium’’.
20
(3) EFFECTIVE DATE.—The amendments made
21
by paragraphs (1) and (2) shall take effect on the
22
date that is two years after the date of the enact-
23
ment of this Act.
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1
SEC. 845. MODIFICATIONS TO CERTAIN PROCUREMENTS
2
FROM CERTAIN CHINESE ENTITIES.
3
Section 805 of the National Defense Authorization
4 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
5 4651 note prec.) is amended—
6
(1) in subsection (a)(1)—
7
(A) in subparagraph (A), by striking ‘‘or’’
8
at the end;
9
(B) in subparagraph (B), by striking the
10
period at the end and inserting ‘‘; or’’; and
11
(C) by adding at the end the following new
12
subparagraph:
13
‘‘(C) provide a grant, loan, or loan guar-
14
antee to an entity described in paragraph (2).’’;
15
and
16
(2) in subsection (b), by striking ‘‘prohibition
17
under subsection (a)(1)(B)’’ and inserting ‘‘prohibi-
18
tions under subparagraphs (B) and (C) of sub-
19
section (a)(1)’’.
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1
SEC.
846.
MODIFICATIONS
TO
PROHIBITION
ON
CON-
2
TRACTING WITH PERSONS THAT HAVE FOS-
3
SIL FUEL OPERATIONS WITH THE GOVERN-
4
MENT OF THE RUSSIAN FEDERATION OR THE
5
RUSSIAN ENERGY SECTOR.
6
Section 804 of the National Defense Authorization
7 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
8 4651 note prec.) is amended—
9
10
(1) in subsection (a)—
(A) in paragraph (1)—
11
(i) by striking ‘‘with any person that
12
is or that has fossil fuel business oper-
13
ations with a person’’ and inserting ‘‘with
14
any entity or individual that is or that
15
knowingly has fossil fuel business oper-
16
ations with an entity or individual’’;
17
18
(ii) by striking ‘‘not less than 50 percent’’ and inserting ‘‘majority’’; and
19
(iii) in subparagraph (B), by striking
20
‘‘operates’’ and inserting ‘‘has fossil fuel
21
business operations’’; and
22
(B) in paragraph (2), by striking the ‘‘per-
23
son’’ and inserting ‘‘entity or individual’’;
24
(2) in subsection (b)(3)—
25
26
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(A) by striking ‘‘a person’’ and inserting
‘‘an entity or individual’’; and
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643
1
(B) by inserting ‘‘, including by general li-
2
cense,’’ after ‘‘Department of the Treasury’’;
3
and
4
(3) in subsection (e)—
5
(A) in paragraph (2)(B)—
6
(i) by redesignating clauses (ii) and
7
(iii) as clauses (iii) and (iv), respectively;
8
and
9
10
(ii) by inserting after clause (i) the
following new clause:
11
‘‘(ii) activities related to fulfilling con-
12
tracts with a fossil fuel company that has
13
fossil fuel business operations in the Rus-
14
sian Federation that were entered into
15
prior to the date of the enactment of this
16
section, provided that such contracts are
17
not—
18
‘‘(I) extended beyond the estab-
19
lished period of performance for such
20
contract, including through the execu-
21
tion of any available option, task
22
order, or modification; or
23
‘‘(II) renewed;’’;
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1
(B) in paragraph (3), by striking ‘‘a per-
2
son’’ and inserting ‘‘an entity or individual’’;
3
and
4
(C) in paragraph (4)—
5
(i) in the heading, by striking ‘‘PER-
6
SON’’
7
VIDUAL’’; and
and inserting ‘‘ENTITY
OR
INDI-
8
(ii) by striking ‘‘The term ‘person’ ’’
9
and inserting ‘‘The term ‘entity or indi-
10
vidual’ ’’.
11
SEC. 847. PROHIBITING THE PURCHASE OF PHOTOVOLTAIC
12
MODULES OR INVERTERS FROM FOREIGN
13
ENTITIES OF CONCERN.
14
(a) IN GENERAL.—None of the funds authorized to
15 be appropriated by this Act or otherwise made available
16 for fiscal year 2026 for the Department of Defense may
17 be used to enter into a contract for the procurement of
18 photovoltaic cells, modules, or inverters manufactured by
19 a foreign entity of concern (as defined by section 9901(8)
20 of the William M. (Mac) Thornberry National Defense Au21 thorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)).
22
(b) WAIVER AUTHORITY.—The Secretary of Defense
23 may waive subsection (a) if the Secretary—
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1
(1) determines that there is no alternative
2
source of photovoltaic cells, modules, or inverters
3
other than from a foreign entity of concern;
4
(2) determines there is no national security risk
5
posed by the use of photovoltaic cells, modules, or
6
inverters manufactured by a foreign entity of con-
7
cern; and
8
(3) submits a certification of such determina-
9
tion in writing to the congressional defense commit-
10
tees not later than 30 days before entering into a
11
contract described under such subsection.
12
(c) LIMITATION.—
13
(1) IN GENERAL.—Subsection (a) shall apply
14
only to contracts regarding the direct procurement
15
by the Department of Defense of photovoltaic mod-
16
ules or inverters and shall not apply to contracts in-
17
volving any third party financing arrangements, in-
18
cluding energy savings contracts and those involving
19
privatized military housing or assets that enhance
20
combat capability.
21
(2) DELAYED EFFECTIVE DATE FOR ASSETS
22
THAT ENHANCE COMBAT CAPABILITY.—The prohibi-
23
tion under subsection (a) shall not apply to assets
24
that enhance combat capability for a period of one
25
year following the date of the enactment of this Act,
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1
in order for the Department of Defense to determine
2
alternate supply chains for such assets.
3
(d) EXEMPTION
FOR
CERTAIN ACTIVITIES.—The
4 prohibition under subsection (a) shall not apply if the op5 eration, procurement, or contracting action is for the pur6 poses of intelligence, electronic warfare, and information
7 warfare operations, testing, analysis, and training.
8
SEC. 848. CLARIFICATION OF PROCUREMENT PROHIBITION
9
RELATED TO ACQUISITION OF MATERIALS
10
MINED, REFINED, AND SEPARATED IN CER-
11
TAIN COUNTRIES.
12
Section 844(a) of the National Defense Authorization
13 Act for Fiscal Year 2021 (Public Law 116–283) is amend14 ed—
15
16
(1) by striking ‘‘Section 2533c’’ and inserting
‘‘Section 4872’’; and
17
18
(2) by amending paragraph (1) to read as follows:
19
20
21
22
23
24
25
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‘‘(1) in subsection (a)—
‘‘(A) in paragraph (1), by striking ‘; or’
and inserting a semicolon;
‘‘(B) in paragraph (2)(B), by striking the
period at the end and inserting ‘; or’; and
‘‘(C) by adding at the end the following
new paragraph:
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647
1
‘‘ ‘(3) enter into a contract for any covered ma-
2
terial mined, refined, or separated in any covered
3
nation.’; and’’.
4
SEC. 849. PROHIBITION ON PROCUREMENT RELATED TO
5
CERTAIN
6
CHINES.
7
ADDITIVE
MANUFACTURING
MA-
(a) PROHIBITION ON AGENCY PROCUREMENT.—Be-
8 ginning on the date that is one year after the date of the
9 enactment of this Act, the Secretary of Defense may not
10 enter into a contract for the procurement of a covered ad11 ditive manufacturing machine.
12
(b) EXCEPTION.—The prohibition under subsection
13 (a) does not apply to the procurement of additive manu14 facturing systems or machines for the purposes of intel15 ligence, electronic warfare, or information warfare oper16 ations, testing, analysis, or training.
17
(c) DEFINITIONS.—In this section:
18
(1) The term ‘‘additive manufacturing ma-
19
chine’’ means a system of integrated hardware and
20
software used to carry out an additive manufac-
21
turing process, including the deposition of material
22
and the associated post-processing steps as applica-
23
ble.
24
25
(2) The term ‘‘covered additive manufacturing
company’’ means any of the following:
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1
(A) Any entity that produces or provides
2
additive manufacturing machines and is in-
3
cluded on—
4
(i) the Consolidated Screening List
5
maintained by the International Trade Ad-
6
ministration of the Department of Com-
7
merce; or
8
(ii) the civil-military fusion list main-
9
tained under section 1260H of the William
10
M. (Mac) Thornberry National Defense
11
Authorization Act for Fiscal Year 2021
12
(Public Law 116–283; 10 U.S.C. 113
13
note).
14
(B) Any entity that produces or provides
15
additive manufacturing machines and—
16
(i) is domiciled in a covered nation; or
17
(ii) is subject to unmitigated foreign
18
ownership, control, or influence by a cov-
19
ered nation, as determined by the Sec-
20
retary of Defense in accordance with the
21
National Industrial Security Program (or
22
any successor to such program).
23
(3) The term ‘‘covered additive manufacturing
24
machine’’ means an additive manufacturing machine
25
manufactured by a covered additive manufacturing
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1
company, and any related service or equipment pro-
2
vided or manufactured, respectively, by such covered
3
additive manufacturing company.
4
(4) The term ‘‘covered nation’’ has the meaning
5
given such term in section 4872 of title 10, United
6
States Code.
7
SEC. 850. PHASE-OUT OF COMPUTER AND PRINTER ACQUI-
8
SITIONS INVOLVING ENTITIES OWNED OR
9
CONTROLLED BY CHINA.
10
(a) IN GENERAL.—In accordance with the phased im-
11 plementation in subsection (d) and except as provided by
12 subsection (e), the Secretary of Defense may not acquire
13 any computer or printer if the manufacturer, bidder, or
14 offeror is a covered Chinese entity.
15
(b) PROHIBITION ON INDIRECT SALES.—The Sec-
16 retary of Defense shall ensure that the prohibition under
17 subsection (a) applies to indirect sales of computers and
18 printers through subsidiaries of a covered Chinese entity.
19
(c) APPLICABILITY.—This section shall apply only
20 with respect to contracts and other agreements entered
21 into, renewed, or extended after the date of the enactment
22 of this Act.
23
(d) PHASED IMPLEMENTATION.—The Secretary may
24 implement the prohibition in subsection (a) with respect
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1 to the acquisition of a computer or printer to the extent
2 that—
3
(1) in fiscal year 2026, not less than 10 percent
4
of the total number of computers acquired by the
5
Department of Defense and not less than 10 percent
6
of the total number printers acquired by the Depart-
7
ment comply with such prohibition;
8
(2) in fiscal year 2027, not less than 25 percent
9
of the total number of computers acquired by the
10
Department and not less than 25 percent of the
11
total number printers acquired by the Department
12
comply with such prohibition;
13
(3) in fiscal year 2028, not less than 50 percent
14
of the total number of computers acquired by the
15
Department and not less than 50 percent of the
16
total number printers acquired by the Department
17
comply with such prohibition; and
18
(4) in fiscal year 2029 and each fiscal year
19
thereafter, not less than 100 percent of the total
20
number of computers acquired by the Department
21
and not less than 100 percent of the printers ac-
22
quired by the Department comply with such prohibi-
23
tion.
24
(e) EXCEPTION.—Notwithstanding subsections (a)
25 and (b), the Secretary of Defense may acquire a computer
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651
1 or printer described in subsection (a) to conduct testing,
2 evaluation, exfiltration, or reverse engineering missions on
3 products or capabilities of adversaries of the United States
4 if such computer or printer is not for operational use.
5
(f) DEFINITIONS.—In this section:
6
(1) COMPUTER.—The term ‘‘computer’’—
7
(A) means—
8
(i) an end user electronic, magnetic,
9
optical, electrochemical, or other high
10
speed data processing device performing
11
logical, arithmetic, or storage functions,
12
such as laptops, desktops, and any physical
13
computing equipment; and
14
(ii) includes any data storage facility
15
or communications facility directly related
16
to or operating in conjunction with such
17
device; and
18
(B) does not include—
19
(i) an automated typewriter or type-
20
setter, a portable handheld calculator, or
21
other similar device; or
22
(ii) cloud-based services, including vir-
23
tual desktops and cellular telephones.
24
25
(2) COVERED
CHINESE
ENTITY.—The
‘‘covered Chinese entity’’ means—
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term
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652
1
2
(A) an entity or a parent company of an
entity that is—
3
(i) identified by the Secretary of De-
4
fense under section 1260H(a) of the Wil-
5
liam M. (Mac) Thornberry National De-
6
fense Authorization Act for Fiscal Year
7
2021 (10 U.S.C. 113 note) as a Chinese
8
military company;
9
(ii) included in the Non-SDN Chinese
10
Military-Industrial
11
List published by the Department of the
12
Treasury; or
13
Complex
Companies
(iii) both—
14
(I) included on—
15
(aa) the Entity List set
16
forth in Supplement No. 4 to
17
part 744 of the Export Adminis-
18
tration Regulations;
19
(bb) the Denied Persons
20
List
21
764.3(a)(2) of the Export Ad-
22
ministration Regulations; or
as
described
in
section
23
(cc) the Military End User
24
List set forth in Supplement No.
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1
7 to part 744 of the Export Ad-
2
ministration Regulations; and
3
(II) is either—
4
(aa) an agency or instru-
5
mentality of the People’s Repub-
6
lic of China;
7
(bb) an entity headquartered
8
in
9
China; or
the
People’s
Republic
of
10
(cc) directly or indirectly
11
owned or controlled by an agen-
12
cy, instrumentality, or entity de-
13
scribed in subparagraph (i) or
14
(ii); or
15
(B) an entity that the Secretary of De-
16
fense, in consultation with the Director of the
17
National Intelligence or the Director of the
18
Federal Bureau of Investigation, determines to
19
be an entity owned, controlled, directed, or sub-
20
contracted by, affiliated with, or otherwise con-
21
nected to, the Government of the People’s Re-
22
public of China.
23
(3) PRINTER.—The term ‘‘printer’’—
24
(A) means desktop printers, multifunction
25
printer copiers, and printer/fax combinations
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taken out of service that may or may not be de-
2
signed to reside on a work surface, and include
3
various print technologies, including laser and
4
light-emitting diode (electrographic), ink jet,
5
dot matrix, thermal, and digital sublimation,
6
and ‘‘multi-function’’ or ‘‘all-in-one’’ devices
7
that perform different tasks, including copying,
8
scanning, faxing, and printing;
9
(B) includes floor-standing printers, print-
10
ers with optional floor stand, or household
11
printers; and
12
(C) does not include point of sale receipt
13
printers, calculators with printing capabilities,
14
label makers, or non-standalone printers that
15
are embedded into products not described in
16
subparagraph (A) or (B).
17
SEC. 851. PROHIBITION ON CONTRACTING WITH CERTAIN
18
BIOTECHNOLOGY PROVIDERS.
19
(a) IN GENERAL.—The head of an executive agency
20 may not—
21
(1) procure or obtain any biotechnology equip-
22
ment or service produced or provided by a bio-
23
technology company of concern; or
24
25
(2) enter into a contract, or extend or renew a
contract, with any entity that—
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1
(A) uses biotechnology equipment or serv-
2
ices produced or provided by a biotechnology
3
company of concern and acquired after the ap-
4
plicable effective date in subsection (c) in per-
5
formance of the contract with the executive
6
agency; or
7
(B) enters into any contract the perform-
8
ance of which such entity knows will require, in
9
performance of the contract with the executive
10
agency, the use of biotechnology equipment or
11
services produced or provided by a bio-
12
technology company of concern and acquired
13
after the applicable effective date in subsection
14
(c).
15
(b) PROHIBITION ON LOAN AND GRANT FUNDS.—
16 The head of an executive agency may not obligate or ex17 pend loan or grant funds to, and a loan or grant recipient
18 may not use loan or grant funds to—
19
(1) procure, obtain, or use any biotechnology
20
equipment or services produced or provided by a bio-
21
technology company of concern; or
22
(2) enter into a contract, or extend or renew a
23
contract, with an entity described in subsection
24
(a)(2).
25
(c) EFFECTIVE DATES.—
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1
(1) CERTAIN ENTITIES.—With respect to the
2
biotechnology companies of concern covered by sub-
3
section (f)(2)(A), the prohibitions under subsections
4
(a) and (b) shall take effect 60 days after the Fed-
5
eral Acquisition Regulation is revised pursuant to
6
subsection (h).
7
(2) OTHER ENTITIES.—With respect to the bio-
8
technology companies of concern covered by sub-
9
paragraph (B) or (C) of subsection (f)(2), the prohi-
10
bitions under subsections (a) and (b) shall take ef-
11
fect 90 days after the Federal Acquisition Regula-
12
tion is revised pursuant to subsection (h).
13
(3) RULES OF CONSTRUCTION.—
14
(A) EXCLUSIONS.—Prior to the date that
15
is five years after a revision to the Federal Ac-
16
quisition Regulation pursuant to subsection (h)
17
that identifies a biotechnology company of con-
18
cern covered by subsection (f)(2), subsections
19
(a)(2) and (b)(2) shall not apply to bio-
20
technology equipment or services produced or
21
provided under a contract or agreement, includ-
22
ing previously negotiated contract options, en-
23
tered into before the applicable effective date
24
under paragraphs (1) and (2).
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1
(B)
SAFE
HARBOR.—The
term
‘‘bio-
2
technology equipment or services produced or
3
provided by a biotechnology company of con-
4
cern’’ shall not be construed to refer to any bio-
5
technology equipment or services that were for-
6
merly, but are no longer, produced or provided
7
by biotechnology companies of concern.
8
(d) WAIVER AUTHORITIES.—
9
(1) SPECIFIC BIOTECHNOLOGY EXCEPTION.—
10
(A) WAIVER.—The head of the applicable
11
executive agency may waive the prohibition
12
under subsections (a) and (b) on a case-by-case
13
basis—
14
(i) with the approval of the Director
15
of the Office of Management and Budget;
16
and
17
(ii) if such head submits a notification
18
and justification to the appropriate con-
19
gressional committees not later than 30
20
days after granting such waiver.
21
(B) DURATION.—
22
(i) IN GENERAL.—Except as provided
23
in clause (ii), a waiver granted under sub-
24
paragraph (A) shall last for a period of not
25
more than 365 days.
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658
1
(ii) EXTENSION.—The head of the ap-
2
plicable executive agency, with the ap-
3
proval of the Director of the Office of
4
Management and Budget, and in coordina-
5
tion with the Secretary of Defense, may
6
extend a waiver granted under subpara-
7
graph (A) one time, for a period up to 180
8
days after the date on which the waiver
9
would otherwise expire, if such an exten-
10
sion is in the national security interests of
11
the United States and if such head sub-
12
mits a notification and justification to the
13
appropriate congressional committees not
14
later than 10 days after granting such
15
waiver extension.
16
(2) OVERSEAS HEALTH CARE SERVICES.—The
17
head of an executive agency may waive the prohibi-
18
tions under subsections (a) and (b) with respect to
19
a contract, subcontract, or transaction for the acqui-
20
sition or provision of health care services overseas on
21
a case-by-case basis—
22
23
(A) if the head of such executive agency
determines that the waiver is—
24
(i) necessary to support the mission or
25
activities of the employees of such execu-
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659
1
tive
2
(e)(2)(A); and
3
agency
described
in
subsection
(ii) in the interest of the United
4
States;
5
(B) with the approval of the Director of
6
the Office of Management and Budget, in con-
7
sultation with the Secretary of Defense; and
8
(C) if such head submits a notification and
9
justification to the appropriate congressional
10
committees not later than 30 days after grant-
11
ing such waiver.
12
(e) EXCEPTIONS.—The prohibitions under sub-
13 sections (a) and (b) shall not apply to—
14
(1) any activity subject to the reporting require-
15
ments under title V of the National Security Act of
16
1947 (50 U.S.C. 3091 et seq.) or any authorized in-
17
telligence activities of the United States;
18
19
(2) the acquisition or provision of health care
services overseas for—
20
(A)(i) employees of the United States, in-
21
cluding members of the uniformed services (as
22
defined in section 101(a) of title 10, United
23
States Code), and dependents of such employ-
24
ees;
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660
1
(ii) covered beneficiaries (as defined in sec-
2
tion 1072 of title 10, United States Code) not
3
otherwise described in clause (i); or
4
(iii) any other beneficiary if such acquisi-
5
tion or provision is carried out or administered
6
by the head of a department or agency of the
7
Federal Government; or
8
(B) employees of contractors or sub-
9
contractors of the United States—
10
(i) who are performing under a con-
11
tract that directly supports the missions or
12
activities of individuals described in sub-
13
paragraph (A)(i); and
14
(ii) whose primary duty stations are
15
located overseas or are on permissive tem-
16
porary duty travel overseas;
17
(3) the acquisition, use, or distribution of
18
human multiomic data, lawfully compiled, that is
19
commercially or publicly available; or
20
(4)
the
procurement
of
medical
counter-
21
measures, medical products, and related supplies, in-
22
cluding ancillary medical supplies, in direct response
23
to a public health emergency declared pursuant to
24
section 319 of the Public Health Service Act (42
25
U.S.C. 247d).
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661
1
2
(f) EVALUATION OF CERTAIN BIOTECHNOLOGY ENTITIES.—
3
(1) ENTITY CONSIDERATION.—Not later than
4
one year after the date of the enactment of this Act,
5
the Director of the Office of Management and Budg-
6
et shall publish a list of the entities that constitute
7
biotechnology companies of concern based on a list
8
of suggested entities that shall be provided by the
9
Secretary of Defense in coordination with the Attor-
10
ney General, the Secretary of Health and Human
11
Services, the Secretary of Commerce, the Director of
12
National Intelligence, the Secretary of Homeland Se-
13
curity, the Secretary of State, and the National
14
Cyber Director.
15
(2) BIOTECHNOLOGY COMPANIES OF CONCERN
16
DEFINED.—In this section, the term ‘‘biotechnology
17
company of concern’’ means any of the following:
18
(A) An entity that—
19
(i) is to any extent involved in the
20
manufacturing, distribution, provision, or
21
procurement of any biotechnology equip-
22
ment or service, as determined by the proc-
23
ess established in paragraph (1); and
24
(ii) is identified in the annual list pub-
25
lished in the Federal Register by the De-
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662
1
partment of Defense of Chinese military
2
companies operating in the United States
3
pursuant to section 1260H of the William
4
M. (Mac) Thornberry National Defense
5
Authorization Act for Fiscal Year 2021
6
(Public Law 116–283; 134 Stat. 3965; 10
7
U.S.C. 113 note).
8
(B) Any entity that is determined by the
9
process established in paragraph (1) to meet
10
the following criteria:
11
(i) Is subject to the administrative
12
governance structure, direction, control, or
13
operates on behalf of the government of a
14
foreign adversary;
15
(ii) Is to any extent involved in the
16
manufacturing, distribution, provision, or
17
procurement of a biotechnology equipment
18
or service; and
19
20
(iii) Poses a risk to the national security of the United States based on—
21
(I) engaging in joint research
22
with, being supported by, or being af-
23
filiated with a foreign adversary’s
24
military, internal security forces, or
25
intelligence agencies;
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663
1
(II) providing multiomic data ob-
2
tained via biotechnology equipment or
3
services to the government of a for-
4
eign adversary; or
5
(III) obtaining human multiomic
6
data via the biotechnology equipment
7
or services without express and in-
8
formed consent.
9
(C) A subsidiary, parent, or successor of
10
an entity described in subparagraphs (A) or
11
(B), provided it meets the criteria set forth in
12
clauses (i) through (iii) of subparagraph (B), as
13
determined by the process established in para-
14
graph (1).
15
(3) GUIDANCE.—Not later than 180 days after
16
publication of the list pursuant to paragraph (1),
17
and any update to the list pursuant to paragraph
18
(4), the Director of the Office of Management and
19
Budget, in coordination with the Secretary of De-
20
fense, the Attorney General, the Secretary of Health
21
and Human Services, the Secretary of Commerce,
22
the Director of National Intelligence, the Secretary
23
of Homeland Security, the Secretary of State, and
24
the National Cyber Director, shall establish guidance
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664
1
as necessary to implement the requirements of this
2
section.
3
(4) UPDATES.—The Director of the Office of
4
Management and Budget, in coordination with or
5
based on a recommendation provided by the Sec-
6
retary of Defense, the Attorney General, the Sec-
7
retary of Health and Human Services, the Secretary
8
of Commerce, the Director of National Intelligence,
9
the Secretary of Homeland Security, the Secretary
10
of State, and the National Cyber Director, or upon
11
receipt of a request pursuant to paragraph (7), shall
12
periodically, though not less than annually, review
13
and, as appropriate, add entities to or remove enti-
14
ties from the list of biotechnology companies of con-
15
cern, and notify the appropriate congressional com-
16
mittees of any such modifications.
17
(5) NOTICE OF A DESIGNATION AND REVIEW.—
18
(A) IN GENERAL.—A notice of a designa-
19
tion as a biotechnology company of concern
20
under paragraph (2)(B) shall be issued to any
21
biotechnology company of concern named in the
22
designation—
23
24
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been made;
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665
1
(ii) identifying the criteria relied upon
2
under such subparagraph and, to the ex-
3
tent consistent with national security and
4
law enforcement interests, the information
5
that formed the basis for the designation;
6
(iii) advising that, within 90 days
7
after receipt of notice, the biotechnology
8
company of concern may submit informa-
9
tion and arguments in opposition to the
10
designation;
11
(iv) describing the procedures gov-
12
erning the review and possible issuance of
13
a designation pursuant to paragraph (1);
14
and
15
(v) where practicable, identifying miti-
16
gation steps that could be taken by the
17
biotechnology company of concern that
18
may result in the rescission of the designa-
19
tion.
20
(B) CONGRESSIONAL
21
NOTIFICATION
RE-
QUIREMENTS.—
22
(i) NOTICE
OF DESIGNATION.—The
23
Director of the Office of Management and
24
Budget shall submit the notice required
25
under subparagraph (A) to the Committee
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666
1
on Homeland Security and Governmental
2
Affairs of the Senate and the Committee
3
on Oversight and Government Reform of
4
the House of Representatives.
5
(ii) INFORMATION AND ARGUMENT IN
6
OPPOSITION TO DESIGNATIONS.—Not later
7
than 7 days after receiving any informa-
8
tion and arguments in opposition to a des-
9
ignation pursuant to subparagraph (A)(iii),
10
the Director of the Office of Management
11
and Budget shall submit such information
12
to the Committee on Homeland Security
13
and Governmental Affairs of the Senate
14
and the Committee on Oversight and Gov-
15
ernment Reform of the House of Rep-
16
resentatives.
17
(6) NO
IMMEDIATE
PUBLIC
RELEASE.—Any
18
designation made under paragraph (1) or paragraph
19
(4) shall not be made publicly available until the Di-
20
rector of the Office of Management and Budget, in
21
coordination with appropriate agencies, reviews all
22
information submitted under paragraph (5)(A)(iii)
23
and issues a final determination that a company
24
shall remain listed as a biotechnology company of
25
concern.
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667
1
(7) REMOVAL REQUESTS.—If an entity on the
2
list of biotechnology companies of concern believes it
3
no longer meets the definition of a biotechnology
4
company of concern as described in paragraph (2),
5
then it may provide information and arguments to
6
request removal from the list of biotechnology com-
7
panies of concern to the Director of the Office of
8
Management and Budget. The Director shall review
9
such information and reply to the entity within 90
10
days.
11
(g) EVALUATION OF NATIONAL SECURITY RISKS
12 POSED BY FOREIGN ADVERSARY ACQUISITION OF AMER13
ICAN MULTIOMIC DATA.—
14
(1) ASSESSMENT.—Not later than 270 days
15
after the enactment of this Act, the Director of Na-
16
tional Intelligence, in consultation with the Secretary
17
of Defense, the Attorney General of the United
18
States, the Secretary of Health and Human Serv-
19
ices, the Secretary of Commerce, the Secretary of
20
Homeland Security, the Secretary of State, and the
21
National Cyber Director, shall complete an assess-
22
ment of risks to national security posed by human
23
multiomic data from United States citizens that is
24
collected or stored by a foreign adversary from the
25
provision of biotechnology equipment or services.
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1
(2) REPORT REQUIREMENT.—Not later than 30
2
days after the completion of the assessment devel-
3
oped under paragraph (1), the Director of National
4
Intelligence shall submit a report with such assess-
5
ment to the appropriate congressional committees.
6
(3) FORM.—The report required under para-
7
graph (2) shall be in unclassified form, but may in-
8
clude a classified annex.
9
(h) REGULATIONS.—Not later than one year after
10 the date of establishment of guidance required under sub11 section (f)(3), and as necessary for subsequent updates,
12 the Federal Acquisition Regulatory Council shall revise
13 the Federal Acquisition Regulation as necessary to imple14 ment the requirements of this section.
15
(i) REPORTING ON INTELLIGENCE ON NEFARIOUS
16 ACTIVITIES
OF
BIOTECHNOLOGY COMPANIES WITH
17 HUMAN MULTIOMIC DATA.—Not later than 180 days
18 after the date of the enactment of this Act, and annually
19 thereafter, the Director of National Intelligence, in con20 sultation with the heads of executive agencies, shall submit
21 to the appropriate congressional committees a report on
22 any intelligence in possession of such agencies related to
23 nefarious activities conducted by biotechnology companies
24 with human multiomic data. The report shall include in25 formation pertaining to potential threats to national secu-
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669
1 rity or public safety from the selling, reselling, licensing,
2 trading, transferring, sharing, or otherwise providing or
3 making available to any foreign country of any forms of
4 multiomic data of a United States citizen.
5
(j) NO ADDITIONAL FUNDS.—No additional funds
6 are authorized to be appropriated for the purpose of car7 rying out this section.
8
(k) DEFINITIONS.—In this section:
9
(1) APPROPRIATE
10
TEES.—The
11
mittees’’ means—
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
12
(A) the Committee on Armed Services, the
13
Select Committee on Intelligence, the Com-
14
mittee on Homeland Security and Govern-
15
mental Affairs, the Committee on Health, Edu-
16
cation, Labor, and Pensions, the Committee on
17
Commerce, Science, and Transportation, and
18
the Committee on Foreign Relations of the Sen-
19
ate; and
20
(B) the Committee on Armed Services, the
21
Permanent Select Committee on Intelligence,
22
the Committee on Foreign Affairs, the Com-
23
mittee on Oversight and Government Reform,
24
the Committee on Energy and Commerce, and
25
the Select Committee on Strategic Competition
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1
between the United States and the Chinese
2
Communist Party of the House of Representa-
3
tives.
4
(2) BIOTECHNOLOGY
5
ICE.—The
6
ice’’ means—
EQUIPMENT
OR
SERV-
term ‘‘biotechnology equipment or serv-
7
(A) equipment, including genetic sequenc-
8
ers, or any other instrument, apparatus, ma-
9
chine, or device, including components and ac-
10
cessories thereof, that is designed for use in the
11
research, development, production, or analysis
12
of biological materials as well as any software,
13
firmware, or other digital components that are
14
specifically designed for use in, and necessary
15
for the operation of, such equipment;
16
(B) any service for the research, develop-
17
ment, production, analysis, detection, or provi-
18
sion of information, including data storage and
19
transmission related to biological materials, in-
20
cluding—
21
(i) advising, consulting, or support
22
services with respect to the use or imple-
23
mentation of an instrument, apparatus,
24
machine, or device described in subpara-
25
graph (A); and
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1
(ii) disease detection, genealogical in-
2
formation, and related services; and
3
(C) any other service, instrument, appa-
4
ratus, machine, component, accessory, device,
5
software, or firmware that is designed for use
6
in the research, development, production, or
7
analysis of biological materials that the Direc-
8
tor of the Office of Management and Budget, in
9
consultation with the heads of executive agen-
10
cies, as determined appropriate by the Director
11
of the Office of Management and Budget, de-
12
termines appropriate in the interest of national
13
security.
14
(3) CONTRACT.—Except as the term is used
15
under subsection (b)(2) and subsection (c)(3), the
16
term ‘‘contract’’ means—
17
(A) any contract subject to the Federal Ac-
18
quisition
19
1303(a)(1) of title 41, United States Code; or
20
(B) any transaction (other than a contract,
21
a grant, or a cooperative agreement) entered
22
into under section 4021 of title 10, United
23
States Code.
24
(4) CONTROL.—The term ‘‘control’’ has the
25
meaning given to that term in section 800.208 of
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Regulation
issued
under
section
G:\CMTE\AS\26\C\RCP.XML
672
1
title 31, Code of Federal Regulations, or any suc-
2
cessor regulations.
3
(5) EXECUTIVE AGENCY.—The term ‘‘executive
4
agency’’ has the meaning given the term ‘‘Executive
5
agency’’ in section 105 of title 5, United States
6
Code.
7
(6) FOREIGN ADVERSARY.—The term ‘‘foreign
8
adversary’’ has the meaning given the term ‘‘covered
9
nation’’ in section 4872(f) of title 10, United States
10
Code.
11
(7) MULTIOMIC.—The term ‘‘multiomic’’ means
12
data types that include genomics, epigenomics,
13
transcriptomics, proteomics, and metabolomics.
14
(8) OVERSEAS.—The term ‘‘overseas’’ means
15
any area outside of the United States, the Common-
16
wealth of Puerto Rico, or a territory or possession
17
of the United States.
18
(l) COMPLIANCE WITH LIMITATION
ON
DRUG
19 PRICES.—For the purposes of section 1927(a)(1) of the
20 Social Security Act (42 U.S.C. 1396r–8(a)(1)), a manu21 facturer is deemed to meet the requirements of section
22 8126 of title 38, United States Code, including the re23 quirement of entering into a master agreement with the
24 Secretary of Veterans Affairs under such section, if the
25 Secretary of Veterans Affairs determines that the manu-
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673
1 facturer would comply (and has offered to comply) with
2 the provisions of section 8126 of title 38, United States
3 Code, and would have entered into a master agreement
4 under such section, but for the prohibitions under sub5 sections (a) and (b) of this section.
6
Subtitle F—Industrial Base Matters
7
SEC. 861. AMENDMENTS TO THE PROCUREMENT TECH-
8
NICAL ASSISTANCE PROGRAM.
9
(a) PURPOSES.—Section 4952 of title 10, United
10 States Code, is amended—
11
12
(1) in paragraph (1), by striking ‘‘; and’’ and
inserting a semicolon;
13
14
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
15
16
(3) by adding at the end the following new
paragraph:
17
‘‘(3) to foster innovation for the defense indus-
18
trial base and to diversify and expand the defense
19
industrial base.’’.
20
(b) AUTHORIZATION FOR USE OF FUNDING FROM
21 OTHER FEDERAL AGENCIES.—Section 4955 of such title
22 is amended by adding at the end the following new sub23 section:
24
‘‘(e) FUNDING FROM OTHER FEDERAL AGENCIES.—
25 The Secretary may accept and use funds from other Fed-
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1 eral agencies and departments for execution and adminis2 tration of the program authorized by this chapter.’’.
3
(c) INCREASED FUNDING LIMIT FOR BUREAU OF IN-
4
DIAN AFFAIRS SERVICE AREAS.—Section 4955(a)(4) of
5 such title is amended by striking ‘‘$1,000,000’’ and insert6 ing ‘‘$1,500,000’’.
7
(d) AUTHORITY TO PROVIDE CERTAIN TYPES OF
8 TECHNICAL ASSISTANCE.—Section 4958 of such title is
9 amended—
10
(1) in subsection (c)—
11
(A) in paragraph (3), by striking ‘‘and’’ at
12
the end;
13
(B) in paragraph (4), by striking and pe-
14
riod at the end and inserting ‘‘; and’’; and
15
(C) by adding at the end the following new
16
paragraph:
17
‘‘(5) under the AUKUS partnership (as defined
18
in section 1321 of the National Defense Authoriza-
19
tion Act for Fiscal Year 2024 (22 U.S.C. 10401).’’;
20
and
21
(2) by adding at the end the following new sub-
22
section:
23
‘‘(d) The Under Secretary of Defense for Acquisition
24 and Sustainment may—
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1
‘‘(1) provide assistance to an eligible entity that
2
is a center of excellence for the APEX Accelerator
3
Program of the Department of Defense (or a suc-
4
cessor program) to provide specialized expertise to
5
business entities outside of the geographic area
6
served by the center of excellence; and
7
‘‘(2) may waive the government cost share re-
8
striction in accordance with section 4954(f) of this
9
chapter.’’.
10
SEC. 862. REPEAL OF LIMITATIONS ON CERTAIN DEPART-
11
MENT OF DEFENSE EXECUTIVE AGENT AU-
12
THORITY.
13
Section 1792 of the John S. McCain National De-
14 fense Authorization Act for Fiscal Year 2019 (Public Law
15 115–232; 132 Stat. 2238; 50 U.S.C. 4531 note) and sec16 tion 226 of the National Defense Authorization Act for
17 Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 4531
18 note) are repealed.
19
SEC. 863. SPECIAL OPERATIONS COMMAND URGENT INNO-
20
VATIVE TECHNOLOGIES AND CAPABILITIES
21
INITIATIVE.
22
(a) ESTABLISHMENT.—The Commander of the
23 United States Special Operations Command shall carry
24 out a pilot program, subject to the authority, direction,
25 and control of the Assistant Secretary of Defense for Spe-
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1 cial Operations and Low Intensity Conflict, to be known
2 as the ‘‘USSOCOM Urgent Innovative Technologies and
3 Capabilities Initiative’’ (in this section referred to as the
4 ‘‘Initiative’’) to accelerate the research, development, test5 ing, procurement, and initial sustainment of innovative
6 technologies and equipment that enhance the operational
7 capabilities of Special Operations Forces to meet emerging
8 mission requirements.
9
(b) REQUIREMENTS.—The Commander shall—
10
(1) establish procedures for component special
11
operations units to submit requests to the Com-
12
mander for the inclusion of innovative technologies
13
and equipment in the Initiative; and
14
(2) use authorities under section 167(e)(4) of
15
title 10, United States Code, to carry out the Initia-
16
tive.
17
(c) REPORT.—
18
(1) IN GENERAL.—Not later than one year
19
after the date of the enactment of this section, and
20
annually thereafter for the duration of the Initiative,
21
the Commander of the United States Special Oper-
22
ations Command and Assistant Secretary of Defense
23
for Special Operations and Low Intensity Conflict
24
shall submit to the congressional defense committees
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1
a report on the implementation and effectiveness of
2
the Initiative.
3
4
(2) CONTENTS.—Each report shall include the
following:
5
(A) A summary of activities carried out
6
under the Initiative along with documentation
7
of planned expenditures.
8
(B) An assessment of the effect of innova-
9
tive technologies and equipment included in the
10
Initiative on the operational capabilities of the
11
United States Special Operations Command.
12
(C) Recommendations for the continuation,
13
expansion, or modification of the Initiative.
14
(D) A description of any challenges en-
15
countered and lessons learned.
16
(E) A description of any action using es-
17
tablished procedures for a reprogramming of
18
funds in an amount greater than the approved
19
amount for such reprogramming, as established
20
by Congress, to carry out the Initiative.
21
(d) SUNSET.—The authority to carry out the Initia-
22 tive under this section shall terminate on the date that
23 is five years after the date of the enactment of this Act.
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1
SEC. 864. UNITED STATES-ISRAEL DEFENSE INDUSTRIAL
2
3
BASE WORKING GROUP.
(a) IN GENERAL.—Not later than 90 days after the
4 date of the enactment of this Act, the Secretary of De5 fense, acting through the Under Secretary of Defense for
6 Acquisition and Sustainment and in consultation with the
7 Secretary of State, shall convene a working group to be
8 known as the ‘‘United States–Israel Defense Industrial
9 Base Working Group’’ to study—
10
(1) the potential for greater integration of the
11
defense industrial bases of the United States and
12
Israel; and
13
(2) the feasibility and advisability of including
14
Israel in the national technology and industrial base,
15
as defined in section 4801 of title 10, United States
16
Code.
17
(b) PROTECTION OF SENSITIVE INFORMATION.—Any
18 activity carried out pursuant to the authority provided by
19 subsection (a) shall be conducted in a manner that appro20 priately protects sensitive information and the national se21 curity interests of the United States and Israel.
22
(c) REPORT.—
23
(1) IN GENERAL.—Not later than 120 days
24
after convening the United States–Israel Defense In-
25
dustrial Base Working Group, the Secretary of De-
26
fense, acting through the Under Secretary of De-
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1
fense for Acquisition and Sustainment and in con-
2
sultation with the Secretary of State, shall provide
3
a report to the appropriate congressional committees
4
that takes into account the results of the study con-
5
ducted under subsection (a). Such report shall in-
6
clude—
7
(A) an assessment of the feasibility and
8
advisability of including Israel in the national
9
technology and industrial base, and a descrip-
10
tion of United States funding or legal authori-
11
ties required for such inclusion; and
12
(B) any description of United States fund-
13
ing or legal authorities required for greater in-
14
tegration of the defense industrial bases of the
15
United States and Israel, if so determined to be
16
advisable.
17
(2) FORM.—The report required by paragraph
18
(1) shall be submitted in unclassified form, but may
19
include a classified annex.
20
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
21
TEES DEFINED.—In this subsection, the term ‘‘ap-
22
propriate congressional committees’’ means—
23
(A) the Committee on Armed Services and
24
the Committee on Foreign Affairs of the House
25
of Representatives; and
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1
(B) the Committee on Armed Services and
2
the Committee on Foreign Relations of the Sen-
3
ate.
4
SEC. 865. IMPROVING THE DOMESTIC TEXTILE AND INDUS-
5
6
TRIAL BASE.
(a) INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT
7 AUTOMATED TEXTILE MANUFACTURING.—
8
(1) IN GENERAL.—Subject to the availability of
9
appropriations, the Secretary of Defense, acting
10
through the Director of the Industrial Base Analysis
11
and Sustainment Office of the Department of De-
12
fense, shall ensure that the Textile Automation to
13
Enhance Domestic Military Production program
14
continues public-private partnerships and invest-
15
ments into technological advancement of the domes-
16
tic textile and footwear industrial base.
17
18
(2) ALLOWABLE
INVESTMENTS.—The
invest-
ments pursuant to paragraph (1) may include—
19
(A) recapitalization of facilities related to
20
domestic textile and footwear development or
21
production;
22
23
24
25
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1
(D) implementing technological advance-
2
ments to improve efficiency and quality assur-
3
ance of domestic textiles or footwear; and
4
(E) any other investment that would en-
5
courage the maturation and qualification of do-
6
mestic sources of textiles or footwear—
7
(i) to ensure competition and reduce
8
the reliance of the Department of Defense
9
on textiles and footwear from foreign man-
10
ufacturers for which an exception granted
11
under section 4862(c) of title 10, United
12
States Code, applies; or
13
(ii) that the Assistant Secretary of
14
Defense for Industrial Base Policy deter-
15
mines necessary for the health of the in-
16
dustrial base.
17
18
(b) DEFENSE CONTRACT MANAGEMENT AGENCY REQUIREMENTS.—
19
(1) IN GENERAL.—The Secretary of Defense
20
shall prioritize ensuring that the Defense Contract
21
Management Agency has the necessary resources, in-
22
cluding personnel, to carry out the duties of the De-
23
fense Contract Management Agency with respect to
24
the oversight of contracts of the Department of De-
25
fense.
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1
(2) BRIEFING.—
2
(A) Not later than April 1, 2026, the Sec-
3
retary of Defense shall provide to the Commit-
4
tees on Armed Services of the Senate and
5
House of Representatives a briefing on the plan
6
of the Department of Defense to ensure that
7
the Defense Contract Management Agency has
8
the necessary resources, including personnel, to
9
carry out the duties of the Defense Contract
10
Management Agency with respect to oversight
11
travel of existing contracts of the Department
12
and prioritize oversight over the compliance
13
with section 4862 of title 10, United States
14
Code.
15
16
(B) The plan described in subparagraph
(A) shall include—
17
(i) to the extent available, an analysis
18
from a federally funded research and devel-
19
opment center on the resources, including
20
personnel, required for the Defense Con-
21
tract Management Agency to enable the
22
Defense Contract Management Agency to
23
carry out the duties of the Defense Con-
24
tract Management Agency with respect to
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1
the oversight of contracts of the Depart-
2
ment of Defense; and
3
(ii) a plan to ensure that, not later
4
than September 30, 2030, the Defense
5
Contract Management Agency has the re-
6
quired resources, including personnel, to
7
effectively oversee the compliance of the
8
Department of Defense with section 4862
9
of title 10, United States Code.
10
(c) DEFENSE LOGISTICS AGENCY AND MILITARY
11 SERVICES CONTRACTING REQUIREMENTS.—
12
(1) The Director of the Defense Logistics Agen-
13
cy in coordination with the Secretary concerned for
14
each covered Armed Force, shall develop a strategy
15
to maximize the use of annual or, where applicable,
16
multi-year contracts by the Department of Defense
17
for acquisitions involving the domestic textile or
18
footwear industries to ensure the long-term stability
19
and predictability of the requirements of the Depart-
20
ment with respect to the goods or services acquired
21
from such industries.
22
(2) The Secretary concerned for each covered
23
Armed Force shall, on an annual basis, submit to
24
the Director of the Defense Logistics Agency the re-
25
quirements of such covered Armed Force for textiles
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1
and footwear for the year and the funding necessary
2
to meet such requirements, subject to the availability
3
of funds authorized for such purpose.
4
(3)(A) The Secretary concerned for each cov-
5
ered Armed Force shall aggregate data on the an-
6
nual requirement of each covered Armed Force for
7
common items, to ensure the Director of the Defense
8
Logistics Agency can maximize efficiency and cost
9
effectiveness in the acquisition of such common
10
items.
11
(B) The data the Secretary concerned for a cov-
12
ered Armed Force is required to aggregate under
13
subparagraph (A) shall include the requirements of
14
the covered Armed Force concerned for the upcom-
15
ing fiscal year for common items.
16
(C) The Secretary concerned for each covered
17
Armed Force shall aggregate the annual requirement
18
of each covered Armed Force common items and in-
19
corporate such aggregate requirement into the next
20
fiscal years program objective memorandum process
21
of such Armed Force.
22
(4)(A) The Director of the Defense Logistics
23
Agency shall, to the maximum extent practicable,
24
use the aggregate data described in paragraph
25
(3)(A) to execute annual contracts for common
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1
items and textiles and footwear required by only one
2
of the covered Armed Forces to support the long-
3
term stability of the domestic textile and footwear
4
industries.
5
(B)(i) If the Director of the Defense Logistics
6
Agency does not receive the requirements and fund-
7
ing described in paragraph (2) for a covered Armed
8
Force for a year, or such other information required
9
for the Director to acquire textiles and footwear
10
meeting such requirements for such year, the Direc-
11
tor may waive subparagraph (A) of this paragraph
12
with respect to such requirements.
13
(ii) Not later than 30 days after the date on
14
which the Director of the Defense Logistics Agencies
15
issues a waiver under clause (i), the Director shall
16
submit to the Committees on Armed Services of the
17
Senate and House of Representatives a notice of
18
such waiver, including an explanation of the rational
19
for granting such waiver.
20
(5) In this section—
21
(A) the term ‘‘covered Armed Force’’
22
means the Army, Navy, Air Force, Marine
23
Corps, or Space Force;
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1
(B) the term ‘‘common item’’ mean a tex-
2
tile or footwear required by more by than one
3
of the covered Armed Forces; and
4
(C) the term ‘‘Secretary concerned’’ has
5
the meaning given such term in section 101(a)
6
of title 10, United States Code.
7
8
(d) EXPANDING COMPETITION AND SOURCING IN
DOMESTIC TEXTILE AND FOOTWEAR INDUSTRIAL
THE
9 BASE.—
10
(1) IN GENERAL.—Not later than one year
11
after the date of the enactment of this Act, the Di-
12
rector of the Defense Logistics Agency shall conduct
13
an assessment of the textile and footwear industrial
14
base producing textiles and footwear described in
15
subsection (b) of section 4862 of title 10, United
16
States Code, that are not subject to the prohibition
17
under subsection (a) of such section to assess the re-
18
silience of the supply chain of the domestic textile
19
and footwear industries.
20
21
(2)
CONTENTS.—The
assessment
required
under paragraph (1) shall include the following:
22
(A) An identification of the textile and
23
footwear goods supplied to the Department of
24
Defense by a single source.
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1
(B) Data pertaining to past delays in the
2
delivery of textiles and footwear resulting from
3
rigidity in the supply chains of the domestic
4
textile and footwear industrial base, including
5
an assessment of any challenges related to the
6
capacity of the domestic textile and footwear in-
7
dustrial base to meet any surge or contingency
8
requirements of the Department of Defense for
9
textiles or footwear.
10
(C) An analysis of the capability of the do-
11
mestic textile and footwear industrial base to
12
mitigate the risk posed by rigidity in the supply
13
chains of the domestic textile and footwear in-
14
dustrial base and the challenges to the domestic
15
textile and footwear industrial base meeting the
16
surge and contingency requirements of the De-
17
partment of Defense for textiles or footwear, in-
18
cluding—
19
(i) opportunities for public-private
20
partnerships to enable recapitalization of
21
manufacturing lines or vertical integration;
22
(ii) opportunities for increased flexi-
23
bility in production, including adjustments
24
to accommodate both increases in require-
25
ments for textiles or footwear and manu-
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1
facturing of new or different textiles or
2
footwear; and
3
(iii) an assessment of any ongoing re-
4
search and development initiatives by ei-
5
ther the Department of Defense or domes-
6
tic industry to meet any requirements for
7
textiles or footwear that are currently cov-
8
ered by a waiver under section 4862(c) of
9
title 10, United States Code.
10
(D) An identification of any regulations or
11
processes of the Department of Defense imped-
12
ing the supply chain resilience of the domestic
13
textile and footwear industries.
14
(E) An identification of opportunities for
15
the Department of Defense to make additional
16
investments into the domestic textile and foot-
17
wear industries to increase production capacity
18
such industries, facilitate greater competition,
19
and reduce the reliance of the Department on
20
textiles and footwear from foreign manufactur-
21
ers for which an exception granted under sec-
22
tion 4862(c) of title 10, United States Code,
23
applies.
24
(e) BRIEFING REQUIRED.—
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1
(1) IN GENERAL.—Not later than September
2
30, 2026, the Secretary of Defense shall provide to
3
the Committees on Armed Services of the Senate
4
and House of Representatives a briefing on the im-
5
plementation of subsections (a), (b), and (c) of this
6
section and in carrying out subsection (d).
7
8
(2) CONTENTS.—The briefing required by paragraph (1) shall include—
9
(A) an explanation of the progress made in
10
carrying out the requirements under sub-
11
sections (a) through (d);
12
(B) a timeline for completion of each such
13
requirement; and
14
(C) an identification of any barriers, in-
15
cluding any legislative authorities, policies, and
16
resource deficiencies, to carrying out such re-
17
quirements.
18
19
(f) COMBAT BOOT QUALITY ASSURANCE PROGRAM.—
20
(1) IN GENERAL.—Not later than January 1,
21
2027, the Secretary concerned for each covered
22
Armed Force that does not operate a program for
23
certifying combat boots as meeting uniform regula-
24
tions regarding durability, quality, and uniform
25
standards shall establish in such covered Armed
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Force a process to certify that combat boots used by
2
members of such covered Armed Force meet uniform
3
regulations regarding durability, quality, and uni-
4
form standards.
5
(2) STUDY REQUIRED.—
6
(A) The Secretary concerned for each cov-
7
ered Armed Force shall conduct a study assess-
8
ing the service requirements for combat boots
9
for such covered Armed Force to determine the
10
requirements for certifying combat boots under
11
the program established in such covered Armed
12
Force under paragraph (1) as meeting uniform
13
regulations regarding durability, quality, and
14
uniform standards.
15
16
(B) The study required under subparagraph (A) shall include an identification of—
17
18
(i) general requirements for wear, durability and quality;
19
(ii)
specialty-specific
requirements
20
based on the duties and operating environ-
21
ments of members of Armed Forces; and
22
(iii) minimum requirements for bio-
23
mechanics for the health and readiness of
24
such members.
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1
(3) BRIEFING REQUIRED.—Not later than 180
2
days after the date of the enactment of this section,
3
and not less frequently than every three months
4
thereafter until the Secretary concerned for a cov-
5
ered Armed Force establishes the program required
6
under paragraph (1) in such covered Armed Force
7
and completes the study required under paragraph
8
(2), such Secretary concerned shall provide to the
9
Committees on Armed Services for the Senate and
10
House of Representatives a briefing on the progress
11
towards establishing such program and completing
12
such study.
13
SEC. 866. CYBERSECURITY REGULATORY HARMONIZATION.
14
(a) IN GENERAL.—Not later than June 1, 2026, the
15 Secretary of Defense, in coordination with the Chief Infor16 mation Officer of the Department of Defense, the Chief
17 Information Officer of each military department, and rep18 resentatives from the service acquisition executives of each
19 military department, shall—
20
(1) harmonize the cybersecurity requirements
21
applicable to the defense industrial base across the
22
Department of Defense;
23
(2) reduce the number of such requirements
24
that are unique to a specific contract or other agree-
25
ment of the Department; and
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1
(3) submit to the congressional defense commit-
2
tees a report on the actions taken to carry out the
3
harmonization described in paragraph (1) and the
4
reduction described in paragraph (2).
5
(b) REQUIREMENTS.—The harmonization required
6 by subsection (a)(1) shall ensure that processes and gov7 ernance structures exist and are sufficient to identify and
8 eliminate duplicative and inconsistent cybersecurity re9 quirements and cybersecurity requirements unique to sin10 gle contracts, including—
11
(1) a process and governance structure for as-
12
sessing whether future proposed cybersecurity con-
13
tractual requirements for contracts or other agree-
14
ments of the Department of Defense are duplicative
15
of other applicable requirements of the Department
16
of Defense that are published in the Federal Reg-
17
ister;
18
(2) a process for coordinating, centralizing, ap-
19
proving, and publishing any proposed cybersecurity
20
requirement not published in the Federal Register;
21
and
22
(3) a mechanism included in the process de-
23
scribed in paragraph (2) for ensuring the visibility
24
to and input from internal and external stake-
25
holders.
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1
(c) REPORTS REQUIRED.—
2
(1) IN GENERAL.—Not later than December 31,
3
2026, and annually thereafter for three years, the
4
Chief Information Officer of the Department of De-
5
fense shall submit to the congressional defense com-
6
mittees a report describing the actions taken to im-
7
plement subsections (a) and (b), including the status
8
of the harmonization of contractual cybersecurity re-
9
quirements and of reducing cybersecurity require-
10
ments unique to single contracts required by such
11
sections.
12
(2) ELEMENTS.—Each report required by para-
13
graph (1) shall cover the most recently completed
14
fiscal year prior to the submission of the report and
15
include—
16
(A) a description of any changes made
17
during the period covered by the report to the
18
processes and governance structures described
19
in subsection (b);
20
(B) a list of each contract or other agree-
21
ment of the Department of Defense entered
22
into during the period covered by the report for
23
which the Department sought to include a cy-
24
bersecurity requirement not published in the
25
Federal Register;
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1
(C) for each contract or other agreement
2
included on the list required by subparagraph
3
(B), whether the Secretary of Defense approved
4
the inclusion of the cybersecurity requirement
5
for which such contract or other agreement was
6
included on such list and an explanation of the
7
reasoning of the Secretary for approving or de-
8
nying such inclusion; and
9
(D) such other matters as determined nec-
10
essary by the Chief Information Officer of the
11
Department of Defense.
12
SEC. 867. MODIFICATIONS TO DEFENSE INDUSTRIAL BASE
13
14
FUND.
(a) IN GENERAL.—Section 4817 of title 10, United
15 States Code, is amended by adding at the end the fol16 lowing new subsections:
17
‘‘(g) ELIGIBLE USES
OF
AUTHORITIES.—(1) IN
18 GENERAL.—The Secretary of Defense may use the au19 thorities provided by this section with respect to defense
20 supply chains, including for material, material production,
21 components, subassemblies, and finished products, testing
22 and qualification, infrastructure, facility construction and
23 improvement, and equipment needed directly for the fol24 lowing:
25
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‘‘(B) Kinetic capabilities, including sen-
2
sors, targeting systems, and delivery platforms.
3
‘‘(C) Microelectronics.
4
‘‘(D) Machine tools, including subtractive,
5
additive, convergent, stamping, forging, abra-
6
sives, metrology, and other production equip-
7
ment.
8
9
10
11
‘‘(E) Critical minerals, materials, and
chemicals.
‘‘(F) The workforce of the defense industrial base.
12
‘‘(G) Advanced manufacturing (as defined
13
in section 4841(f)) capability and capacity of
14
the defense industrial base, including manufac-
15
turing at or near the point of need in the area
16
of responsibility of the United States Indo-Pa-
17
cific Command.
18
‘‘(H) Unmanned vehicles, including sub-
19
surface, surface, land, air, single use, and
20
attritable unmanned vehicles and associated
21
launch and recovery platforms.
22
‘‘(I) Manned aircraft.
23
‘‘(J) Ground systems.
24
‘‘(K) Power sources.
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‘‘(L) Ships or submarines, including tech-
2
nologies and capabilities for the assembly or au-
3
tomation of ships or submarines, new or mod-
4
ernized infrastructure for the construction of
5
new ships or submarines or the maintenance
6
and sustainment or repair of battle damage to
7
ships or submarines.
8
‘‘(M) Other materiel solutions required to
9
support the operational plans of the United
10
States Indo-Pacific Command.
11
‘‘(N) Defense space systems.
12
‘‘(O) Batteries.
13
‘‘(2) PROHIBITION ON USE IN COVERED COUN-
14
TRIES.—The Secretary may not use the authorities pro-
15 vided by this section for any activity in a covered country.
16
17
‘‘(3) USE
OF
AUTHORITIES
FOR
OTHER PUR-
POSES.—The Secretary may not use the authorities pro-
18 vided by subsections (h) through (j) for a purpose other
19 than a purpose described in paragraph (1) unless the Sec20 retary—
21
‘‘(A) determines that—
22
‘‘(i) the use of the authority for such other
23
purpose is essential to the defense interests of
24
the United States; and
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1
‘‘(ii) without the use of the authority for
2
such other purpose, the defense industrial base
3
cannot reasonably be expected to provide a ca-
4
pability needed by the Department of Defense
5
in a timely manner; and
6
‘‘(B) not less than 30 days prior to the Sec-
7
retary using such authorities for such other purpose,
8
submits to the congressional defense committees a
9
report on such determination that includes appro-
10
priate explanatory material for such use.
11
‘‘(h) GRANTS AND OTHER INCENTIVES FOR DOMES-
12
TIC INDUSTRIAL BASE CAPABILITIES.—For the purposes
13 of creating, maintaining, protecting, expanding, or restor14 ing the capabilities of the domestic industrial base that
15 are essential for the defense interests of the United States,
16 the Secretary may—
17
18
‘‘(1) use contracts, grants, or other transaction
authorities, including cooperative agreements;
19
20
‘‘(2) establish incentives for the private sector
to develop capabilities in areas of defense interest;
21
‘‘(3) during the five-year period beginning on
22
the date of the enactment of this subsection, make
23
awards to third party entities to support investments
24
in small- and medium-sized entities working in areas
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1
of defense interest that would benefit missions of the
2
Department of Defense; and
3
‘‘(4) provide subsidies to offset market manipu-
4
lation.
5
‘‘(i) DEFENSE INDUSTRIAL BASE PURCHASE COM-
6
MITMENT PROGRAM.—
7
‘‘(1) IN GENERAL.—For the purposes of cre-
8
ating, maintaining, protecting, expanding, or restor-
9
ing capabilities of the industrial base that are essen-
10
tial for the defense interests of the United States,
11
the Secretary may make purchase commitments—
12
‘‘(A) for the use or resale of an industrial
13
resource or a critical technology item by the
14
Federal Government;
15
‘‘(B) to encourage the exploration, develop-
16
ment, and mining of strategic and critical mate-
17
rials;
18
19
20
21
‘‘(C) to support the development of other
materials and components;
‘‘(D) for the development of production capabilities; and
22
‘‘(E) to increase the use of emerging tech-
23
nologies in defense program applications and
24
the rapid transition of emerging technologies—
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‘‘(i) from research and development
2
sponsored by the Federal Government to
3
commercial applications; and
4
‘‘(ii) from commercial research and
5
development to national defense applica-
6
tions.
7
‘‘(2) EXEMPTION FOR CERTAIN LIMITATIONS.—
8
‘‘(A) PURCHASES.—Except as provided by
9
subparagraph
10
under paragraph (1) may be made for such
11
quantities, and on such terms and conditions,
12
including advance payments, and for such peri-
13
ods, but not extending beyond a date that is not
14
more than 10 years from the date on which
15
such purchase was initially made, as the Sec-
16
retary deems necessary.
17
‘‘(B)
(B),
purchase
commitments
LIMITATION.—Purchase
commit-
18
ments under paragraph (1) involving higher
19
than established ceiling prices (or if no such es-
20
tablished ceiling prices exist, currently pre-
21
vailing market prices) or that result in an an-
22
ticipated loss on resale shall not be made, un-
23
less it is determined that supply of the mate-
24
rials to be purchased under such purchase com-
25
mitments could not be effectively increased or
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1
provisioned at lower prices or on terms more fa-
2
vorable to the Federal Government, or that
3
such purchases are necessary to assure the
4
availability to the United States of overseas
5
supplies.
6
‘‘(3) FINDINGS OF SECRETARY.—
7
‘‘(A) IN GENERAL.—The Secretary may
8
take the actions described in subparagraph (B),
9
if the Secretary finds with respect to a specific
10
material that—
11
‘‘(i) under generally fair and equitable
12
ceiling prices, for any raw or nonprocessed
13
material or component, there will result a
14
decrease in supplies from high-cost sources
15
of such material and that the continuation
16
of such supplies from such sources is nec-
17
essary to carry out the objectives of this
18
section; or
19
‘‘(ii) an increase in cost of transpor-
20
tation of such material is temporary and
21
threatens to impair maximum production
22
or supply in any area at stable prices of
23
such material.
24
‘‘(B) SUBSIDY PAYMENTS AUTHORIZED.—
25
Upon a finding under subparagraph (A) with
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respect to a material, the Secretary may, for
2
the purposes described in paragraph (1), make
3
provision for subsidy payments for such mate-
4
rial from sources other than sources that are or
5
that are in covered countries, in such amounts
6
and in such manner, including purchase com-
7
mitments of such material or component thereof
8
and the resale of such material or component
9
thereof at a loss, and on such terms and condi-
10
tions, as the Secretary determines necessary to
11
ensure that—
12
‘‘(i) in the case of a finding described
13
in clause (i) of such subparagraph, sup-
14
plies from high-cost sources of such mate-
15
rial do not decrease; or
16
‘‘(ii) in the case of a finding described
17
in clause (ii) of such subparagraph with re-
18
spect to one or more areas, that maximum
19
production or supply of such material at
20
stable prices in each such area is main-
21
tained, as applicable.
22
23
‘‘(4) INSTALLATION OF EQUIPMENT IN INDUSTRIAL FACILITIES.—
24
‘‘(A) IN GENERAL.—The Secretary is au-
25
thorized to take an action described in subpara-
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1
graph (B) if the Secretary determines that such
2
action will aid the defense interests of the
3
United States.
4
5
‘‘(B) ACTIONS DESCRIBED.—The actions
described in this section are—
6
‘‘(i) procuring and installing addi-
7
tional equipment, facilities, processes or
8
improvements to plants, factories, and
9
other industrial facilities owned by the
10
Federal Government;
11
‘‘(ii) procuring and installing equip-
12
ment, including equipment owned by the
13
Federal Government, in privately owned
14
plants, factories, and other industrial fa-
15
cilities;
16
‘‘(iii) providing for the modification,
17
expansion, or construction of new privately
18
owned facilities, including modifications or
19
improvements
20
when taking actions under this subsection
21
or subsection (h);
to
production
processes,
22
‘‘(iv) selling or otherwise transferring
23
equipment owned by the Federal Govern-
24
ment and installed under this subsection to
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1
the owners of such plants, factories, or
2
other industrial facilities;
3
‘‘(v) constructing facilities for the pur-
4
poses
5
(g)(1); and
6
in
section
subsection
‘‘(vi) applying contracts, grants, or
7
other transactions authorities.
8
9
described
‘‘(5) EXCESS METALS, MINERALS, MATERIALS,
AND COMPONENTS.—
10
‘‘(A) IN GENERAL.—Metals, minerals, ma-
11
terials, and components acquired pursuant to
12
this subsection which are excess to the needs of
13
programs under this section, as determined by
14
the Secretary, shall be transferred to the Na-
15
tional Defense Stockpile established by the
16
Strategic and Critical Materials Stock Piling
17
Act (50 U.S.C. 98 et seq.), or other national re-
18
serves if available, if the Secretary deems such
19
transfer to be in the public interest.
20
‘‘(B) TRANSFERS AT NO CHARGE.—Trans-
21
fers made pursuant to this paragraph shall be
22
made without charge against or reimbursement
23
from funds appropriated for the purposes of the
24
Strategic and Critical Materials Stock Piling
25
Act (50 U.S.C. 98 et seq.), or other national re-
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1
serves if available, except that costs incident to
2
such transfer, other than acquisition costs, shall
3
be paid or reimbursed from such funds.
4
‘‘(C) TREATMENT
OF
MATERIALS.—For
5
the purposes of section 5(a)(3) of the Strategic
6
and Critical Materials Stock Piling Act (50
7
U.S.C. 98d(a)(3)), with respect to amounts
8
paid under subparagraph (B) for any metal,
9
mineral, material, or component transferred
10
pursuant to this paragraph—
11
‘‘(i) such metal, mineral, material, or
12
component is deemed to have been deter-
13
mined to be strategic and critical under
14
section 3(a) of the Strategic and Critical
15
Materials Stock Piling Act (50 U.S.C.
16
98b(a)); and
17
‘‘(ii) the Stockpile Manager of the Na-
18
tional Defense Stockpile is deemed to have
19
determines there is a shortfall of such ma-
20
terials in the National Defense Stockpile.
21
‘‘(6) SUBSTITUTES.—The Secretary may make
22
provision for the development and qualification of
23
substitutes for strategic and critical materials, com-
24
ponents, critical technology items, and other indus-
25
trial resources if and to the extent the Secretary de-
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1
termines that such development and qualification is
2
in the interest of national security.
3
‘‘(j) STRENGTHENING DOMESTIC PRODUCTIVE CA-
4
PACITY.—
5
‘‘(1) IN GENERAL.—The Secretary may provide
6
appropriate incentives to develop, maintain, mod-
7
ernize, restore, and expand the productive capacities
8
of sources for strategic and critical materials, com-
9
ponents, critical technology items, and industrial re-
10
sources essential for the execution of the national se-
11
curity strategy of the United States.
12
13
‘‘(2) STRATEGIC
AND
CRITICAL
MATERIALS,
COMPONENTS, AND CRITICAL TECHNOLOGY ITEMS.—
14
‘‘(A)
MAINTENANCE
OF
RELIABLE
15
SOURCES OF SUPPLY.—The Secretary shall take
16
appropriate actions to ensure that strategic and
17
critical materials, components, critical tech-
18
nology items, and industrial resources are avail-
19
able from reliable sources when and as needed
20
to meet the requirements of the Department of
21
Defense during peacetime, mobilization, and na-
22
tional emergency (as defined in section 12 of
23
the Strategic and Critical Materials Act (50
24
USC 98h-3)).
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‘‘(B) APPROPRIATE
ACTION.—For
pur-
2
poses of this paragraph, appropriate actions in-
3
clude—
4
‘‘(i) restricting contract solicitations
5
to reliable sources;
6
‘‘(ii) stockpiling or placing into re-
7
serve strategic and critical materials, com-
8
ponents, and critical technology items;
9
‘‘(iii) planning for necessary long lead
10
times for acquiring such materials, compo-
11
nents, and items; and
12
‘‘(iv) developing and qualifying sub-
13
stitutes for such materials, components,
14
and items.
15
‘‘(k) ANNUAL REPORT.—
16
‘‘(1) IN GENERAL.—Not later than October 15,
17
2026, and annually thereafter, the Secretary shall
18
submit to the congressional defense committee a re-
19
port evaluating investments made and any other ac-
20
tivities carried out using amounts in the Fund dur-
21
ing the previous fiscal year.
22
23
‘‘(2) ELEMENTS.—Each report required by
paragraph (1) shall include—
24
‘‘(A) measures of the effectiveness of the
25
investments and activities described in such
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paragraph in meeting the needs of the Depart-
2
ment of Defense and the defense industrial
3
base;
4
‘‘(B) an evaluation of the return on invest-
5
ment of all ongoing investments from the Fund;
6
and
7
‘‘(C) a description of efforts to coordinate
8
activities carried out using amounts in the
9
Fund with activities to support the defense in-
10
dustrial base carried out under other authori-
11
ties.
12
‘‘(3) ADVICE.—In preparing a report required
13
by paragraph (1), the Secretary shall take into ac-
14
count the advice of the defense industry and such
15
other individuals as the Secretary considers relevant.
16
‘‘(l) COORDINATION WITH OTHER DEFENSE INDUS-
17
TRIAL BASE ACTIVITIES.—Not later than 90 days after
18 the date of the enactment of the National Defense Author19 ization Act for Fiscal Year 2026, the Secretary shall sub20 mit to the congressional defense committees, the Com21 mittee on Banking, Housing, and Urban Affairs of the
22 Senate, and the Committee on Financial Services of the
23 House of Representatives a report detailing how activities
24 carried out under this section will be coordinated with—
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‘‘(1) activities carried out using amounts in the
2
Defense Production Act Fund under section 304 of
3
the
4
U.S.C.4534);
5
6
Defense
Production
Act
of
1950
(50
‘‘(2) activities of the Office of Strategic Capital;
and
7
‘‘(3) any other efforts designed to enhance the
8
defense industrial base.
9
‘‘(m) DEFINITIONS.—In this section:
10
‘‘(1) The term ‘covered country’ means—
11
‘‘(A) the Russian Federation;
12
‘‘(B) the Republic of Cuba;
13
‘‘(C) the Bolivarian Republic of Venezuela;
14
‘‘(D) the Democratic People’s Republic of
15
Korea;
16
‘‘(E) the Islamic Republic of Iran; and
17
‘‘(F) the People’s Republic of China.
18
‘‘(2) The term ‘reliable source’ means a citizen
19
of, or business entity organized under the laws of—
20
‘‘(A) the United States or any territory or
21
possession of the United States;
22
‘‘(B) a country of the national technology
23
and industrial base, as defined in section 4801;
24
or
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1
‘‘(C) a qualifying country, as defined in
2
section 225.003 of the Department of Defense
3
Supplement to the Federal Acquisition Regula-
4
tion or any successor regulation.
5
‘‘(3) The term ‘Secretary’ means the Secretary
6
of Defense.
7
‘‘(4) The term ‘strategic and critical materials’
8
has the meaning given that term in section 12(1) of
9
the Strategic and Critical Materials Stock Piling Act
10
(50 U.S.C. 98h–3(1)).’’.
11
(b) LIMITATION ON USE OF CERTAIN FUNDS.—The
12 Secretary of Defense may not use funds made available
13 before the date of the enactment of this Act to carry out
14 activities under the authority of subsection (g), (h), (i),
15 or (j) of section 4817 of title 10, United States Code, as
16 added by this Act.
17
(c) AMENDMENTS TO NATIONAL SECURITY CAPITAL
18 FORUM.—Section 1092 of the Servicemember Quality of
19 Life Improvement and National Defense Authorization
20 Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C.
21 149 note) is amended—
22
23
24
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(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘; and’’
and inserting a semicolon;
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1
(B) in paragraph (2), by striking the pe-
2
riod at the end and inserting ‘‘; and’’; and
3
(C) by adding at the end the following new
4
paragraph:
5
‘‘(3) serve as a clearinghouse for vetting poten-
6
tial investments transactions, whether as a loan or
7
as an equity transaction, by executive agencies (as
8
defined in section 133 of title 41, United States
9
Code).’’; and
10
(2) by adding at the end the following new sub-
11
section:
12
‘‘(e) INCLUSION OF CERTAIN OFFICIALS.—The Sec-
13 retary of Defense shall include in the forum established
14 under subsection (a) the following:
15
16
‘‘(1) The Assistant Secretary of Defense for Industrial Base Policy.
17
‘‘(2) The individual serving as the Director of
18
the Defense Logistics Agency and the head of the
19
Office of General Counsel of the Department of De-
20
fense.’’.
21
(d) SUNSET.—Effective December 31, 2035, the fol-
22 lowing provisions of law are repealed:
23
(1) Subsections (g) through (m) of section 4817
24
of title 10, United States Code, as added by sub-
25
section (a) of this section.
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(2) Subsections (a)(3) and (e) of section 1092
2
of the Servicemember Quality of Life Improvement
3
and National Defense Authorization Act for Fiscal
4
Year 2025 (Public Law 118–159; 10 U.S.C. 149
5
note), as added by subsection (c) of this section.
6
Subtitle G—Other Matters
7
SEC. 871. MODIFICATION TO DEMONSTRATION AND PROTO-
8
TYPING
9
NATIONAL PRODUCT SUPPORT CAPABILITIES
10
IN A CONTESTED LOGISTICS ENVIRONMENT.
11
PROGRAM
TO
ADVANCE
INTER-
Section 842 of the National Defense Authorization
12 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
13 2341 note) is amended—
14
15
16
17
18
19
20
(1) in subsection (b)(2)—
(A) in subparagraph (A), by striking
‘‘and’’ at the end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A)
the following new subparagraph:
21
‘‘(B) advanced manufacturing (as defined
22
in section 4841(f) of title 10, United States
23
Code) facilities for rapid, distributed production
24
of parts closer to the point of use; and’’; and
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1
(2) in subsection (g), by striking ‘‘on the date’’
2
and all that follows and inserting ‘‘December 31,
3
2030.’’.
4
SEC. 872. CONTESTED LOGISTICS EXERCISE REQUIRE-
5
6
MENT.
Section 842 of the National Defense Authorization
7 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
8 2341 note) is amended—
9
10
(1) by redesignating subsection (h) as subsection (i); and
11
(2) by inserting after subsection (g) the fol-
12
lowing new subsection:
13
‘‘(h) CONTESTED LOGISTICS EXERCISE REQUIRE-
14
MENT.—Not later than September 30, 2027, and bian-
15 nually thereafter until the termination date in subsection
16 (g), the Secretary of Defense, in coordination with the sen17 ior official responsible for integration of global logistics (as
18 designated in section 2229b of this title), shall incorporate
19 the requirements of the Program into a joint exercise that
20 focuses on the contested logistics environment.’’.
21
SEC. 873. COMBATANT COMMAND EXPERIMENTATION AU-
22
23
THORITY.
(a) AUTHORITY.—Each commander of a combatant
24 command shall have the authority to conduct experimen25 tation, prototyping, and technology demonstrations to sup-
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1 port the development and testing of innovative tech2 nologies and capability solutions to address operational
3 needs identified by the combatant command.
4
(b) PROCEDURES.—The commander of a combatant
5 command may use the special authorities for contracting
6 described in subsection (b) of section 843 of the National
7 Defense Authorization Act for Fiscal Year 2024 (Public
8 Law 118–31; 10 U.S.C. 3601 note) for activities carried
9 out under subsection (a), provided that the procedures de10 scribed in such section are followed.
11
(c) RECOMMENDATION FOR FOLLOW-ON PRODUC-
12
TION.—Upon completion of an experiment, prototype, or
13 technology demonstration, if a commander of a combatant
14 command submits to a senior contracting official (as de15 fined in section 1737 of title 10, United States Code) a
16 written determination that the demonstrated technology or
17 capability meets the operational need of the combatant
18 command, such written determination may be used to ful19 fill the following requirements:
20
(1) A justification for using other than competi-
21
tive procedures under section 3204 of title 10,
22
United States Code, to acquire the technology or ca-
23
pability which was successfully demonstrated.
24
(2) A validated capability needs statement or a
25
written determination that the capability is needed
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1
to address a deficiency that affects performance of
2
missions assigned to that command.
3
(d) SUNSET.—The authority under this section shall
4 terminate on September 30, 2028.
5
(e) INCLUSION IN ANNUAL REPORT.—The Chairman
6 on of the Joint Chiefs of Staff, in coordination with the
7 Under
Secretary
of
Defense
for
Acquisition
and
8 Sustainment, shall include in each report required after
9 the date of the enactment of this Act by subsection (e)
10 of section 843 of the National Defense Authorization Act
11 for Fiscal Year 2024 (Public Law 118–31; 6 U.S.C. 3601
12 note) an explanation of each use of the authority under
13 this section during the period covered by the report.
14
SEC. 874. ANNUAL REPORT ON CONTRACT CANCELLATIONS
15
16
AND TERMINATIONS.
(a) REPORT REQUIRED.—
17
(1) IN
GENERAL.—For
each of fiscal years
18
2027 through 2031, not later than 10 days after the
19
date on which the President submits the budget to
20
Congress pursuant to section 1105 of title 31,
21
United States Code, for each such fiscal year, the
22
Secretary of Defense shall submit to the congres-
23
sional defense committees a report listing any can-
24
cellation or termination for the preceding fiscal year
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1
of a contract in an amount greater than the sim-
2
plified acquisition threshold.
3
(2) FISCAL YEAR 2025 CANCELLATIONS AND
4
TERMINATIONS.—The Secretary of Defense shall in-
5
clude in the first report submitted under paragraph
6
(1) a description of any cancellation or termination
7
of a contract in an amount greater than the sim-
8
plified acquisition threshold during fiscal year 2025.
9
(b) ELEMENTS.—The report required under sub-
10 section (a) shall include the following elements:
11
(1) An identification of the unique Government
12
identification number (commonly referred to as a
13
‘‘Procurement Instrument Identification Number’’ or
14
an ‘‘Indefinite Delivery Vehicle’’) for each contract
15
cancelled or terminated.
16
17
(2) The total value of the contracts described in
paragraph (1).
18
19
(3) The total existing obligations against each
such contract.
20
(4) Any termination settlement paid, if applica-
21
ble, for cancelling or terminating a contract de-
22
scribed in paragraph (1).
23
(5) A brief justification of the rationale for such
24
cancellation or termination, disaggregated by con-
25
tracts—
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1
(A) that do not align with the priorities of
2
the Secretary of Defense;
3
(B) for which the requirement no longer
4
exists;
5
(C) for which the requirement has de-
6
creased;
7
(D) for which the requirement exists, but
8
the contract did not meet requirements for cost
9
or the schedule or performance of the contract
10
are unacceptable; or
11
(E) any other rationale as determined by
12
the Secretary.
13
(6) For any contract described in paragraph
14
(5)(E), a justification of the proposed timeline for
15
awarding a new contract to meet the specified re-
16
quirement.
17
SEC. 875. ABILITY TO WITHHOLD CONTRACT PAYMENTS
18
DURING PERIOD OF PENDANCY OF A BID
19
PROTEST.
20
(a) AUTHORITY
21
TO
WITHHOLD CERTAIN PAY-
MENTS.—
22
(1) PROCEDURES.—Not later than 180 days
23
after the date of the enactment of this Act, the Sec-
24
retary of Defense shall revise the Department of De-
25
fense Supplement to the Federal Acquisition Regula-
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1
tion to establish procedures for a contracting officer
2
of the Department of Defense to withhold payment
3
of covered amounts to an incumbent contractor dur-
4
ing the period of pendency resulting from a bid pro-
5
test by such incumbent contractor.
6
(2) FORFEIT.—The procedures developed in ac-
7
cordance with this section shall provide that pay-
8
ment amounts withheld under paragraph (1) from
9
an incumbent contractor during a period of pend-
10
ency resulting from a bid protest by such incumbent
11
contractor shall be forfeited by the incumbent con-
12
tractor upon the determination by the Comptroller
13
General of the United States to dismiss such bid
14
protest based on a lack of any reasonable legal or
15
factual basis becoming a final determination.
16
(b) DEFINITIONS.—In this section:
17
(1) The term ‘‘covered amounts’’ means an
18
amount that is not greater than five percent of the
19
total amount to be paid to an incumbent contractor
20
but for the withholding of payment under subsection
21
(a)(1).
22
(2) The term ‘‘covered contract’’ means a con-
23
tract entered into by the Secretary of Defense with
24
an incumbent contractor for the procurement of
25
goods or services during the period of pendency that
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1
are the same or substantially similar to goods or
2
services to be acquired by the Department under the
3
contract previously awarded to the incumbent con-
4
tractor.
5
(3) The term ‘‘final determination’’, with re-
6
spect to the dismissal of a bid protest, means such
7
dismissal—
8
(A) was not the subject of a request for re-
9
consideration and the time period for requesting
10
reconsideration has expired; or
11
(B) was the subject of a request for recon-
12
sideration and the reconsideration processes for
13
which is completed.
14
(4) The term ‘‘incumbent contractor’’ means a
15
contractor for a contract with the Department of
16
Defense for the acquisition of goods or services by
17
the Department that are the same or substantially
18
similar to goods or services to be acquired by the
19
Department under a new or follow-on contract that
20
is the subject of a bid protest.
21
(5) The term ‘‘period of pendency’’ means the
22
period of performance under a contract that was
23
awarded or extended because the Secretary of De-
24
fense—
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1
(A) received notice of a bid protest sub-
2
mitted by the incumbent contractor to the
3
Comptroller General of the United States; and
4
(B) was prohibited from awarding a new
5
contract during the pendency of such bid pro-
6
test under section 3553(c) of title 31, United
7
States Code.
8
SEC. 876. INDEMNIFICATION OF CONTRACTORS AGAINST
9
NUCLEAR
10
RISKS.
11
AND
UNUSUALLY
HAZARDOUS
(a) REVIEW.—The review of requests submitted by
12 a contractor to a Department of Defense contracting offi13 cer pursuant to Public Law 85–804 (50 U.S.C. 1431 et
14 seq.) for indemnification against nuclear and unusually
15 hazardous risks, including those involving the procurement
16 of commercial nuclear technology, shall include, to the ex17 tent practicable, input from the Defense Contract Man18 agement Agency, including reviews of insurance markets
19 and coverage availability from the Contractor Insurance/
20 Pension Review group.
21
(b) DEADLINE.—The review of each indemnification
22 request submitted by a contractor described in subsection
23 (a) shall be completed with a final decision on approval
24 or denial, including an executed memorandum of decision,
25 not later than 90 days after the date of the request.
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1
(c) DELEGATION.—The Secretary of each military
2 department shall delegate the authority to approve or deny
3 indemnification requests submitted by contractors de4 scribed in subsection (a) for contracts relating to advanced
5 nuclear energy systems or components to such subordinate
6 officials as the Secretary determines appropriate to ensure
7 the timely and effective execution of reviewing such re8 quests.
9
SEC. 877. ENHANCED SECURITY STRATEGY FOR PROCURE-
10
MENT OF PRIVATE FIFTH-GENERATION WIRE-
11
LESS TECHNOLOGY.
12
(a) IN GENERAL.—Not later than 90 days after the
13 date of the enactment of this Act, the Secretary of Defense
14 shall require a contractor for a procurement related to
15 fifth-generation wireless technology for private networks
16 on military installations to provide the information de17 scribed in subsection (b) to promote enhanced wireless
18 network security requirements, including supply chain risk
19 management.
20
(b) INFORMATION DESCRIBED.—The information de-
21 scribed in this subsection is as follows:
22
23
(1) A hardware bill of materials for such procurement described in subsection (a).
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1
(2) A description of the implementation and
2
operational use of zero trust principles and capabili-
3
ties for such procurement.
4
(c) PRIORITIZATION.—With respect to a procurement
5 described in subsection (a), the Secretary shall prioritize
6 the use of private networks that employ Open-RAN ap7 proaches, including cloud-native capabilities whenever pos8 sible.
9
(d) DEFINITIONS.—In this section:
10
(1) The term ‘‘military installation’’ has the
11
meaning given in section 2801 of title 10, United
12
States Code.
13
(2) The term ‘‘Open-RAN’’ has the meaning
14
given in section 9202 of title XCII of the National
15
Defense Authorization Act for Fiscal Year 2021
16
(Public Law 116–283).
TITLE IX—DEPARTMENT OF DE18
FENSE ORGANIZATION AND
19
MANAGEMENT
17
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Prohibition of diversity, equity, and inclusion programs of the Department of Defense.
Sec. 902. Directive authority for matters for which the Under Secretary of Defense for Research and Engineering has responsibility.
Sec. 903. Assistant Secretary of Defense for International Armaments Cooperation.
Sec. 904. Modification to authorities of the Director of Operational Test and
Evaluation.
Sec. 905. Modification of covered technology categories for Office of Strategic
Capital.
Sec. 906. Additional authorities for Office of Strategic Capital.
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Sec. 907. Defense Science Board study on optimal organizational structure for
digital solution and software delivery.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Removal of members of Joint Chiefs of Staff and combatant commanders.
Sec. 912. Joint Interagency Task Force 401.
Sec. 913. Authority to establish regional outreach centers for the Defense Innovation Unit.
Sec. 914. Small-UAS Industrial Base Working Group.
Sec. 915. Temporary prohibition on disestablishment of Navy Expeditionary
Combat Command Pacific.
Sec. 916. Limitation on availability of funds for modification or consolidation
of geographic combatant commands.
Sec. 917. Limitation on availability of funds for the Army pending submittal
of plan on the proposed integration of the Joint Munitions
Command and the Army Sustainment Command.
2
Subtitle A—Office of the Secretary
of Defense and Related Matters
3
SEC. 901. PROHIBITION OF DIVERSITY, EQUITY, AND INCLU-
4
SION PROGRAMS OF THE DEPARTMENT OF
5
DEFENSE.
1
6
(a) REPEALS AND MODIFICATIONS OF REPORTING
7 REQUIREMENTS ON DIVERSITY AND INCLUSION.—Section
8 113 of title 10, United States Code, is amended—
9
(1) in subsection (c)—
10
(A) by striking paragraph (2); and
11
(B) by redesignating paragraphs (3) and
12
(4) as paragraphs (2) and (3), respectively;
13
(2) in subsection (g)(1)(B)—
14
(A) by striking clause (vii); and
15
(B) by redesignating clauses (viii), (ix),
16
and (x) as clauses (vii), (viii), and (ix), respec-
17
tively;
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723
1
(3) by striking subsection (l);
2
(4) by redesignating subsections (m) through
3
(o) as subsections (l) through (n), respectively; and
4
(5) in subsection (l), as so redesignated—
5
(A) by striking ‘‘Accompanying each na-
6
tional defense strategy provided to the congres-
7
sional defense committees in accordance with
8
subsection (g)(1)(D)’’ and inserting ‘‘On an an-
9
nual basis’’; and
10
(B) by striking ‘‘provide a report’’ and in-
11
serting ‘‘submit to the congressional defense
12
committees a report’’.
13
(b) REPEAL OF CHIEF DIVERSITY OFFICER.—Sec-
14 tion 147 of title 10, United States Code, is repealed.
15
16
(c) REPEAL OF PROGRAM ON DIVERSITY IN MILITARY
LEADERSHIP.—Section 656 of title 10, United
17 States Code, is repealed.
18
(d) REPEAL OF INSPECTOR GENERAL OVERSIGHT OF
19 DIVERSITY AND INCLUSION IN DEPARTMENT OF DE20
FENSE; SUPREMACIST, EXTREMIST, OR CRIMINAL GANG
21 ACTIVITY IN THE ARMED FORCES.—Section 554 of the
22 William M. (Mac) Thornberry National Defense Author23 ization Act for Fiscal Year 2021 (Public Law 116–283;
24 10 U.S.C. 141 note) is repealed.
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1
(e) REPEAL OF SENIOR ADVISORS FOR DIVERSITY
2
AND INCLUSION.—Section 913 of the William M. (Mac)
3 Thornberry National Defense Authorization Act for Fiscal
4 Year 2021 (Public Law 116–283; 134 Stat. 3802) is re5 pealed.
6
7
(f) PROHIBITED DIVERSITY, EQUITY, AND INCLUSION PRACTICES.—
8
9
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of Defense may not—
10
(A) maintain an office relating to diversity,
11
equity, inclusion, or accessibility or any sub-
12
stantially similar office;
13
14
(B) maintain or employ a chief diversity
officer or a substantially similar officer;
15
(C) develop, implement, distribute, or pub-
16
lish plans, strategic plans, reports, or surveys
17
relating to diversity, equity, inclusion, and ac-
18
cessibility, or substantially similar plans, re-
19
ports, or surveys;
20
(D) develop, implement, or maintain an
21
employee resource group or an affinity group
22
based on race, color, ethnicity, religion, national
23
origin, sexual orientation, or gender identity;
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1
(E) develop, implement, or maintain an
2
agency equity team or a substantially similar
3
team;
4
(F) develop, implement, distribute, publish,
5
establish, or purchase—
6
(i) a training course relating to—
7
(I) diversity;
8
(II) equity;
9
(III) inclusion;
10
(IV) a critical theory relating to
11
race, gender, or otherwise; or
12
(V) intersectionality; or
13
(ii) a training course substantiality
14
similar to a training course described in
15
clause (i);
16
(G) develop, implement, or maintain a di-
17
versity, equity, inclusion, and accessibility data
18
dashboard or a substantially similar data dash-
19
board; or
20
(H) maintain or employ a position relating
21
to diversity, equity, inclusion, or accessibility.
22
(2) RULE
OF
CONSTRUCTION.—Nothing
in
23
paragraph (1) shall be construed to prevent the Sec-
24
retary of Defense from maintaining or operating—
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1
(A) Equal Employment Opportunity offices
2
as historically organized and operated within
3
the Department of Defense; or
4
(B) an office enforcing the Americans with
5
Disabilities Act of 1990 (42 U.S.C. 12101 et
6
seq.) or similar programs or offices as histori-
7
cally organized and operated within the Depart-
8
ment of Defense.
9
(3) ACCESSIBILITY
DEFINED.—In
this sub-
10
section, the term ‘‘accessibility’’ has the meaning
11
given that term in the Department of Defense Di-
12
versity, Equity, Inclusion, and Accessibility Strategic
13
Plan for Fiscal Years 2022 and 2023, except such
14
term does not refer to accessibility or other accom-
15
modations required under law for individuals with
16
disabilities.
17
SEC. 902. DIRECTIVE AUTHORITY FOR MATTERS FOR
18
WHICH THE UNDER SECRETARY OF DEFENSE
19
FOR RESEARCH AND ENGINEERING HAS RE-
20
SPONSIBILITY.
21
Section 133a(b) of title 10, United States Code, is
22 amended—
23
24
25
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1
(B) by inserting ‘‘and enhancing jointness’’
2
after ‘‘and engineering efforts’’; and
3
(C) by striking ‘‘; and’’ and inserting a
4
semicolon;
5
(2) in paragraph (3), by striking the period at
6
the end and inserting a semicolon; and
7
8
(3) by adding at the end the following new
paragraphs:
9
‘‘(4) directing the Secretaries of the military de-
10
partments and the heads of all other elements of the
11
Department with regard to matters for which the
12
Under Secretary has responsibility; and
13
‘‘(5) conducting developmental prototyping, de-
14
signing and executing experiments of prototypes in
15
the field to demonstrate operational relevance to ad-
16
dress joint force capability gaps, and encouraging
17
and supporting the rapid transition of technology
18
from the research and development phase into oper-
19
ational use within the Department.’’.
20
SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INTER-
21
NATIONAL ARMAMENTS COOPERATION.
22
(a) ESTABLISHMENT OF ASSISTANT SECRETARY OF
23 DEFENSE FOR INTERNATIONAL ARMAMENTS COOPERA24
TION.—Section 138(b) of title 10, United States Code, is
25 amended—
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1
2
(1) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
3
(2) by inserting after paragraph (6) the fol-
4
lowing new paragraph (7):
5
‘‘(7) One of the Assistant Secretaries is the Assistant
6 Secretary of Defense for International Armaments Co7 operation, who shall report directly to the Under Secretary
8 of Defense for Acquisition and Sustainment. The principal
9 duty of the Assistant Secretary shall be to carry out sec10 tion 133b(b)(10) of this title.’’.
11
12
(b) INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES.—
13
(1) INCREASE.—Section 138(a)(1) of title 10,
14
United States Code, is amended by striking ‘‘19’’
15
and inserting ‘‘20’’.
16
(2) CONFORMING AMENDMENT.—Section 5315
17
of title 5, United States Code, is amended by strik-
18
ing ‘‘Assistant Secretaries of Defense (19).’’ and in-
19
serting ‘‘Assistant Secretaries of Defense (20).’’
20
SEC. 904. MODIFICATION TO AUTHORITIES OF THE DIREC-
21
TOR OF OPERATIONAL TEST AND EVALUA-
22
TION.
23
(a) IN GENERAL.—Section 139 of title 10, United
24 States Code, is amended—
25
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1
(A) in paragraph (5), by striking ‘‘and’’ at
2
the end;
3
(B) in paragraph (6), by striking the pe-
4
riod at the end and inserting ‘‘; and’’; and
5
(C) by adding at the end the following new
6
paragraph:
7
‘‘(7) have access to approved test and evalua-
8
tion master plans and test strategies of the armed
9
forces for purposes of conducting independent re-
10
views of such plans and strategies.’’;
11
(2) in subsection (k), by inserting ‘‘, and the
12
Secretary of Defense shall ensure that the amount
13
requested for the Office of the Director in the De-
14
partment of Defense budget for each fiscal year is
15
sufficient to enable the Director to fulfill the duties
16
and responsibilities assigned by this section’’ before
17
the period at the end; and
18
(3) by adding at the end the following new sub-
19
section:
20
‘‘(l)(1) The Director may enter into contracts or
21 other agreements with one or more federally funded re22 search and development centers pursuant to which per23 sonnel of such centers may assist the Director with pro24 gram oversight, including through—
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1
‘‘(A) test planning, preparation, and moni-
2
toring;
3
‘‘(B) data collection;
4
‘‘(C) data analysis;
5
‘‘(D) drafting and reviewing test reports;
6
‘‘(E) providing technical expertise and sup-
7
port to program offices; and
8
‘‘(F) performing such other duties as the
9
10
Director determines appropriate.
‘‘(2) The Secretary of Defense shall ensure that the
11 Director has sufficient funding to enter into the contracts
12 or other agreements for which authorization is provided
13 under paragraph (1).’’.
14
(b) REQUIREMENT TO MAINTAIN CERTAIN TEST AND
15 EVALUATION ACTIVITIES.—
16
(1) LIMITATION.—During the period beginning
17
on the date of the enactment of this Act and ending
18
on September 30, 2027, the Secretary of Defense
19
may not—
20
21
(A) divest or consolidate a capability specified in paragraph (2);
22
(B) transfer responsibility for such a capa-
23
bility away from the organization responsible
24
for the capability as of the date of the enact-
25
ment of this Act; or
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1
(C) take any other action that would re-
2
duce the scope or effectiveness of the capability.
3
(2) CAPABILITIES DESCRIBED.—The capabili-
4
ties specified in this paragraph are—
5
(A) the Cyber Assessment Program;
6
(B) the Center for Countermeasures;
7
(C) the Test and Evaluation Threat Re-
8
source Activity;
9
(D) the Joint Technical Coordinating
10
Group for Munitions Effectiveness Program;
11
(E) the Joint Aircraft Survivability Pro-
12
gram;
13
(F) the Joint Test and Evaluation Pro-
14
gram; and
15
(G) the Test and Evaluation Trans-
16
formation Program.
17
(3) WAIVER.—The Secretary of Defense, acting
18
through the Director of Operational Test and Eval-
19
uation, may a waive the limitation under paragraph
20
(1) with respect to capability specified in paragraph
21
(2), on a case-by-case basis, if—
22
(A) the Secretary submits to the congres-
23
sional defense committees a plan for divesting,
24
consolidating, transferring, or otherwise reduc-
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1
ing the scope or effectiveness the capability (as
2
the case may be), which shall include—
3
(i) in the case of a capability proposed
4
to be transferred to another organization
5
within the Department of Defense—
6
(I) identification of the organiza-
7
tion to which such capability will be
8
transferred; and
9
(II) an explanation of the level of
10
resources needed to sustain such ca-
11
pability at the new organization, staff-
12
ing levels for the capability at such or-
13
ganization, and any agreements need-
14
ed to implement the proposed trans-
15
fer; and
16
(ii) in the case of a capability pro-
17
posed to be divested or consolidated by the
18
Secretary, a justification for the divest-
19
ment or consolidation together with an ex-
20
planation of how the proposed divestment
21
or consolidation will not result in a loss of
22
capabilities or functions in a manner that
23
poses a risk to any mission of the Depart-
24
ment of Defense; and
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1
(B) a period of 30 days has elapsed fol-
2
lowing the date on which the plan under sub-
3
paragraph (A) was submitted.
4
(4) RESOURCES.—The Secretary of Defense
5
shall ensure that sufficient funding and personnel
6
are made available to the Director of Operational
7
Test and Evaluation to maintain the capabilities
8
specified in paragraph (2) during the period in
9
which the limitation under paragraph (1) applies.
10
SEC. 905. MODIFICATION OF COVERED TECHNOLOGY CAT-
11
EGORIES FOR OFFICE OF STRATEGIC CAP-
12
ITAL.
13
Paragraph (2) of subsection (f) of section 149 of title
14 10, United States Code, is amended—
15
(1)
by
redesignating
subparagraphs
(U)
16
through (GG) as subparagraphs (V) through (HH),
17
respectively; and
18
19
(2) by inserting after subparagraph (T) the following new subparagraph:
20
21
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technologies.’’.
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1
SEC. 906. ADDITIONAL AUTHORITIES FOR OFFICE OF STRA-
2
3
TEGIC CAPITAL.
(a) IN GENERAL.—Section 149 of title 10, United
4 States Code, as amended by section 905 of this Act, is
5 further amended—
6
7
(1) by redesignating subsection (f) as subsection (h); and
8
(2) by inserting after subsection (e) the fol-
9
lowing new subsections:
10
‘‘(f) FEES.—
11
12
‘‘(1) IN GENERAL.—
‘‘(A) The Director may—
13
‘‘(i) charge and collect fees for the
14
costs specified in subparagraph (B) for
15
services provided by the Office and associ-
16
ated with administering programs under
17
this
18
transaction costs and direct costs relating
19
to such services; and
section,
including
project-specific
20
‘‘(ii) establish those fees at amounts
21
that the Director considers appropriate
22
only to recover the costs of project-specific
23
transaction costs and to offset the ex-
24
penses of administering of those programs.
25
‘‘(B) The costs specified in this subpara-
26
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1
‘‘(i) Due diligence costs paid to third
2
parties for services conducting national se-
3
curity, legal, engineering, technical, finan-
4
cial, and other due diligence on applicants,
5
prospective and existing borrowers, guar-
6
antors, sponsors, and other key transaction
7
parties, their respective owners, managers,
8
and employees, and their properties, as-
9
sets, and operations.
10
‘‘(ii) Costs of third-party services re-
11
lated to ratings analysis, underwriting, ap-
12
praisals, valuations, travel to and inspec-
13
tion of project sites, and other customary
14
analysis relating to specific applications.
15
‘‘(iii) Costs of third-party legal serv-
16
ices for negotiation and documentation of
17
transactions.
18
‘‘(iv) Costs of third-party services for
19
monitoring, restructurings, and workouts
20
of agreements.
21
‘‘(v) Administrative expenses directly
22
related to credit program operations as de-
23
fined in Office of Management and Budget
24
Circular A–11 as of August 2025, includ-
25
ing—
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1
‘‘(I) the appropriate proportion
2
of administrative expenses that are
3
shared with non-credit programs;
4
‘‘(II) the cost of loan systems de-
5
velopment and maintenance, including
6
information technology systems costs;
7
‘‘(III) the cost of monitoring
8
credit programs and private lenders
9
for compliance with contractual re-
10
quirements, laws, and regulations;
11
‘‘(IV) the cost of all activities re-
12
lated to credit extension, loan serv-
13
icing, write-off, and close out; and
14
‘‘(V) the cost of collecting delin-
15
quent or defaulted loans.
16
17
‘‘(2) DEPOSIT
INTO
CREDIT
PROGRAM
AC-
COUNT.—
18
19
‘‘(A) IN GENERAL.—Amounts collected as
fees under paragraph (1) shall—
20
‘‘(i) be deposited into the Credit Pro-
21
gram Account established under subsection
22
(e)(5); and
23
‘‘(ii) remain available until expended.
24
‘‘(B) LIMITATION ON USE OF FEES.—Not-
25
withstanding subsection (e)(5)(B), none of the
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1
fees collected under paragraph (1) may be used
2
to pay salaries or expenses of civilian employees
3
of the Department of Defense or for any pur-
4
poses other than those described in this sub-
5
section or subsection (e)(12).
6
‘‘(3) TERMINATION OF AUTHORITY.—
7
‘‘(A) IN GENERAL.—Except as provided by
8
subparagraph (B), the authority under para-
9
graph (1) to charge and collect fees shall expire
10
on the date specified in paragraph (9)(A) of
11
subsection (e).
12
‘‘(B) TREATMENT OF CERTAIN ASSETS.—
13
With respect to a loan or loan guarantee pro-
14
vided under this section that is outstanding as
15
of the expiration date under subparagraph (A),
16
the authority of the Director under paragraph
17
(1) to charge and collect fees for services relat-
18
ing to the loan or loan guarantee shall remain
19
in effect for the duration of the loan or loan
20
guarantee.
21
‘‘(4) REPORTS REQUIRED.—
22
‘‘(A) ANNUAL REPORT.—Not later than
23
March 1 of each year, the Director shall submit
24
to the congressional defense committees a re-
25
port that includes—
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1
‘‘(i) a detailed summary of the fees
2
collected under paragraph (1) in the pre-
3
ceding fiscal year; and
4
‘‘(ii) a description of how those fees
5
were allocated.
6
‘‘(B) AUDIT.—The Inspector General of
7
the Department of Defense shall—
8
‘‘(i) conduct a review of the fees
9
charged and collected under paragraph (1)
10
in fiscal year 2026 and provide a report on
11
the results of the review to the congres-
12
sional defense committees; and
13
‘‘(ii) conduct an audit of the fees col-
14
lected in fiscal years 2026 and 2027 and,
15
once completed, provide a report to the
16
congressional defense committees on the
17
results of the audit not later than 180
18
days after the end of fiscal year 2027.
19
‘‘(g) AUTHORITY TO ACCEPT SERVICES.—The Direc-
20 tor may accept services, such as legal, financial, technical,
21 or professional services, associated with administering pro22 grams under this section, including accepting such services
23 as indirect payment in kind for services provided by the
24 Office.’’.
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1
(b) DETERMINATIONS OF LOAN DEFAULT UNDER
2 PILOT PROGRAM ON CAPITAL ASSISTANCE TO SUPPORT
3 DEFENSE INVESTMENT
IN
INDUSTRIAL BASE.—Sub-
4 section (e)(3)(A)(ii)(VI) of such section is amended by
5 striking ‘‘Secretary’’ and inserting ‘‘Director’’.
6
(c) CONFORMING AMENDMENT TO CREDIT PROGRAM
7 ACCOUNT.—Subsection (e)(5)(A)(ii) of such section is
8 amended—
9
(1) by striking ‘‘consist of amounts’’ and insert-
10
ing the following: ‘‘consist of—
11
‘‘(I) amounts’’;
12
13
(2) by striking the period at the end and inserting ‘‘; and’’; and
14
15
(3) by adding at the end the following new subclause:
16
‘‘(II) fees deposited under sub-
17
section (f)(2).’’.
18
(d) ADDITIONAL MODIFICATIONS TO PILOT PRO-
19
GRAM ON CAPITAL ASSISTANCE.—Subsection (e) of such
20 section is further amended by adding at the end the fol21 lowing new paragraphs:
22
‘‘(10) PRESUMPTION OF COMPLIANCE.—Each
23
agreement for a loan or loan guarantee executed by
24
the Director under paragraph (3)(A) shall be conclu-
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1
sively presumed to be issued in compliance with the
2
requirements of this section.
3
‘‘(11) AUTHORITY TO COLLECT DEBTS.—In the
4
case of a default on a loan or loan guarantee pro-
5
vided under paragraph (3)(A), the Director may ex-
6
ercise any priority of the United States in collecting
7
debts relating to the default.
8
‘‘(12) ADDITIONAL AUTHORITIES.—In carrying
9
out the capital assistance program under this sub-
10
section the Director may—
11
‘‘(A) enter into contracts, agreements, or
12
other transactions with applicants for or recipi-
13
ents of capital assistance pursuant to which
14
such applicants or recipients directly pay for
15
the costs of third-party services provided to the
16
Office in connection with transactions involving
17
such applicants and recipients;
18
‘‘(B) procure temporary and intermittent
19
services of experts and consultants in accord-
20
ance with section 3109 of title 5 only for the
21
purposes established under this subsection; and
22
‘‘(C) with the consent of another Federal
23
agency, enter into an agreement with that Fed-
24
eral agency to use, with or without reimburse-
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741
1
ment, any service, equipment, personnel, or fa-
2
cility of that Federal agency.’’.
3
SEC. 907. DEFENSE SCIENCE BOARD STUDY ON OPTIMAL
4
ORGANIZATIONAL STRUCTURE FOR DIGITAL
5
SOLUTION AND SOFTWARE DELIVERY.
6
(a) STUDY REQUIRED.—The Secretary of Defense
7 shall direct the Defense Science Board to conduct a com8 prehensive study to evaluate and recommend the most op9 timal organizational structure within the Office of the Sec10 retary of Defense to align and maximize the output of dig11 ital solutions engineering and software delivery activities
12 across the Department of Defense.
13
(b) ELEMENTS.—The study required under sub-
14 section (a) shall include the following elements:
15
(1) An assessment of existing organizational
16
structures and organizations supporting digital solu-
17
tions engineering and software delivery across the
18
Department of Defense, including—
19
(A) current responsibilities, requirements,
20
and deliverables of software delivery organiza-
21
tions across the Department of Defense;
22
23
24
25
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(B) limitations based on current enterprise
data management platforms;
(C) optimization of resource allocation and
utilization processes; and
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1
(D) integration challenges and opportuni-
2
ties with Department-wide digital solution engi-
3
neering and software delivery initiatives.
4
(2) An evaluation of potential organizational
5
courses of action for supporting digital solutions en-
6
gineering within the Office of the Secretary of De-
7
fense, including—
8
(A) establishment of a new defense agency
9
or Department of Defense field activity;
10
(B) integration into an existing defense
11
agency or Department of Defense field activity;
12
(C) consolidation of digital development
13
functions within existing Office of the Secretary
14
of Defense staff organizations;
15
(D) optimization of current organizational
16
structures and authorities;
17
(E) hybrid approaches combining elements
18
of the options described in subparagraphs (A),
19
(B), (C), and (D); and
20
(F) any other organizational structures
21
deemed appropriate by the Defense Science
22
Board.
23
(3) Recommendations on the selection of the
24
optimal organizational structure, including—
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1
(A) analysis of the advantages and dis-
2
advantages of each course of action evaluated
3
under paragraph (2);
4
(B) evaluation of cost-effectiveness and re-
5
source implications;
6
(C) application of lessons from similar in-
7
dustry or academic entities performing similar
8
work;
9
(D) consideration of governance and execu-
10
tion framework requirements;
11
(E) assessment of the implementation of
12
and execution of governance structures, includ-
13
ing artificial intelligence model management;
14
and
15
(F) recommendations for unique acquisi-
16
tion authorities to support rapid digital solu-
17
tions engineering and deployment.
18
(4) Transition recommendations for imple-
19
menting the selected organizational structure, in-
20
cluding—
21
22
23
24
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(A) detailed implementation timeline and
milestones;
(B) resource requirements and funding
mechanisms; and
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1
(C) legislative or regulatory changes need-
2
ed.
3
(c) REPORT.—
4
(1) TRANSMITTAL TO SECRETARY.—Not later
5
than February 1, 2027, the Board shall transmit to
6
the Secretary of Defense a final report on the study
7
conducted pursuant to subsection (a).
8
(2) TRANSMITTAL
TO CONGRESS.—Not
later
9
than 30 days after the date on which the Secretary
10
receives the final report under paragraph (1), the
11
Secretary shall submit the report to the congres-
12
sional defense committees, together with such com-
13
ments as the Secretary considers appropriate.
14
(d) DEFINITIONS.—In this section:
15
(1) DIGITAL SOLUTIONS ENGINEERING.—The
16
term ‘‘digital solutions engineering’’ means the de-
17
velopment, deployment, and sustainment of artificial
18
intelligence systems, software applications, data en-
19
gineering solutions, data analytics platforms, and
20
other digital technologies for operational and busi-
21
ness purposes.
22
(2) SOFTWARE
DELIVERY ORGANIZATIONS.—
23
The term ‘‘software delivery organizations’’ means
24
organizational units dedicated to the rapid develop-
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1
ment, deployment, and sustainment of software ap-
2
plications and digital solutions.
Subtitle B—Other Department of
4
Defense Organization and Man5
agement Matters
3
6
SEC. 911. REMOVAL OF MEMBERS OF JOINT CHIEFS OF
7
8
STAFF AND COMBATANT COMMANDERS.
(a) JOINT CHIEFS OF STAFF.—Section 151 of title
9 10, United States Code, is amended by adding at the end
10 the following new subsection:
11
‘‘(h) REMOVAL OF MEMBERS OF JOINT CHIEFS OF
12 STAFF.—(1) If the President removes a member of the
13 Joint Chiefs of Staff from office or transfers a member
14 of the Joint Chiefs of Staff to another position or location
15 before the end of the term of the member as specified in
16 statute, the President shall, not later than five days after
17 the removal or transfer takes effect, submit to Congress,
18 including the congressional defense committees, notice
19 that the member is being removed or transferred and a
20 statement of the reason for the removal or transfer.
21
‘‘(2) Nothing in this subsection prohibits a personnel
22 action authorized by another provision of law.’’.
23
(b) COMBATANT COMMANDERS.—Section 164(a) of
24 title 10, United States Code, is amended by adding at the
25 end the following new paragraph:
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‘‘(3)(A) If the President removes an officer assigned
2 under paragraph (1) to serve as the commander of a uni3 fied or specified combatant command or transfers that of4 ficer to another position or location before the expected
5 end of the officer’s service as a combatant commander,
6 the President shall, not later than five days after the re7 moval or transfer takes effect, submit to Congress, includ8 ing the congressional defense committees, notice that the
9 officer is being removed or transferred and a statement
10 of the reason for the removal or transfer.
11
‘‘(B) Nothing in this paragraph prohibits a personnel
12 action authorized by another provision of law.’’.
13
14
SEC. 912. JOINT INTERAGENCY TASK FORCE 401.
(a) IN GENERAL.—Subchapter I of chapter 8 of title
15 10, United States Code, is amended by adding at the end
16 the following new section:
17 ‘‘§ 199. Joint Interagency Task Force 401
18
‘‘(a) ESTABLISHMENT.—There is established in the
19 Department of Defense a joint activity to be known as
20 the ‘Joint Interagency Task Force 401’ (referred to in this
21 section as the ‘Task Force’).
22
‘‘(b) DIRECTOR.—
23
‘‘(1) There is a Director of the Task Force (re-
24
ferred to in this section as the ‘Director’) who shall
25
be appointed by the Secretary of Defense from
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1
among personnel of the Department of Defense who
2
are—
3
‘‘(A) general or flag officers of the covered
4
armed forces; or
5
‘‘(B) members of the Senior Executive
6
Service.
7
‘‘(2) The Director shall report directly to the
8
Deputy Secretary of Defense and shall serve as the
9
principal advisor to the Deputy Secretary and the
10
Chairman of the Joint Chiefs of Staff on counter-
11
small unmanned aircraft system matters.
12
‘‘(c) ORGANIZATION.—The Task Force shall—
13
‘‘(1) be designated as a jointly manned activity
14
with full joint manning support from the covered
15
armed forces as determined by the Director; and
16
‘‘(2) shall consist of such other subordinate or-
17
ganizational elements as the Director determines ap-
18
propriate, subject to the authority, direction, and
19
control of the Secretary of Defense with support
20
from designated organizational elements within the
21
Office of the Secretary of Defense as determined by
22
the Director in coordination with the Secretary.
23
‘‘(d) RESPONSIBILITIES.—The responsibilities of the
24 Task Force shall include the following:
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‘‘(1) Lead, advocate, coordinate, and focus all
2
Department of Defense actions in support of efforts
3
of the combatant commands and the covered armed
4
forces to defeat small unmanned aircraft systems
5
(referred to in this section as ‘sUAS’) as weapons of
6
strategic influence.
7
‘‘(2)
Integrate
all
counter-sUAS
solutions
8
throughout the Department of Defense, seeking
9
interagency participation and assistance as nec-
10
essary.
11
‘‘(3) Develop and share counter-sUAS training
12
tools, expertise, and tactics, techniques, and proce-
13
dures for components of the Department of Defense
14
that address needs of the joint force.
15
‘‘(4) Coordinate efforts across the Department
16
of Defense to develop, test, evaluate, and procure
17
counter-sUAS kinetic and non-kinetic defeat capa-
18
bilities.
19
‘‘(5) Carry out the counter-sUAS validation and
20
acquisition responsibilities described in subsections
21
(e) and (f).
22
23
‘‘(6) Develop and regularly update a countersUAS strategic plan.
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‘‘(7) Carry out such other activities relating to
2
counter-sUAS as the Secretary of Defense deter-
3
mines appropriate.
4
‘‘(e) APPROVAL AND VALIDATION OF COUNTER-SUAS
5 SYSTEMS.—
6
‘‘(1) The Task Force shall serve as the entity
7
within the Department of Defense with primary re-
8
sponsibility for the validation and approval of
9
counter-sUAS systems for procurement and use by
10
the Department.
11
‘‘(2) In coordination with other components of
12
the Department of Defense, the Director shall de-
13
velop, maintain, and regularly update a list of
14
counter-sUAS systems that are validated and ap-
15
proved for procurement and use by the Department
16
as described in paragraph (1). The Director shall
17
ensure that each counter-sUAS system on the list
18
has been vetted by the Task Force and has proven
19
to be effective for use by the Department in coun-
20
tering sUAS.
21
‘‘(3) Except as provided in paragraph (4), no
22
component of the Department of Defense may pro-
23
cure a counter-sUAS system unless such system—
24
25
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‘‘(A) has been validated and approved by
the Task Force under paragraph (1); and
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1
‘‘(B) is included on the list maintained
2
under paragraph (2).
3
‘‘(4) The service acquisition executive of the
4
military department concerned (in the case of a pro-
5
curement by a military department) or the Under
6
Secretary
7
Sustainment (in the case of a procurement not
8
under the authority of a service acquisition execu-
9
tive) may waive the restriction under paragraph (3),
10
on a case-by-case basis, by submitting to the con-
11
gressional defense committees—
12
Defense
for
Acquisition
and
‘‘(A) notice of the intent to issue such a
13
waiver; and
14
‘‘(B) an explanation of the reasons for
15
16
of
issuing the waiver.
‘‘(f) ACQUISITION DIVISION.—The Director shall es-
17 tablish and maintain an acquisition division within the
18 Task Force. The acquisition division shall—
19
‘‘(1) include acquisition professionals from rel-
20
evant portfolio acquisition executives (as described in
21
section 1732 of this title) within each covered armed
22
force;
23
24
‘‘(2) support and facilitate efforts of the Director and covered armed forces—
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‘‘(A) to budget and plan for the integration
2
and sustainment of counter-sUAS capabilities
3
that are approved and validated by the Task
4
Force under subsection (e); and
5
‘‘(B) to efficiently and effectively transition
6
such capabilities into operational use; and
7
‘‘(3) have such other duties and responsibilities
8
as the Director determines appropriate.
9
‘‘(g) ANNUAL REPORTS.—On an annual basis, the
10 Director shall submit to the congressional defense commit11 tees a report that includes a summary of the activities of
12 the Task Force over the period covered by the report, in13 cluding a description of—
14
15
‘‘(1) the progress of the Task Force in carrying
out the requirements of this section;
16
17
‘‘(2) the metrics used to measure such progress;
and
18
‘‘(3) recommendations for congressional consid-
19
eration.
20
‘‘(h) DEFINITIONS.—In this section:
21
‘‘(1) The term ‘counter-sUAS system’ means a
22
system or device capable of lawfully and safely dis-
23
abling, disrupting, or seizing control of a small un-
24
manned aircraft or small unmanned aircraft system.
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‘‘(2) The term ‘covered armed forces’ means the
2
Army, Navy, Air Force, Marine Corps, and Space
3
Force.
4
‘‘(3) The terms ‘small unmanned aircraft’, ‘un-
5
manned aircraft’, and ‘unmanned aircraft system’
6
have the meanings given those terms in section
7
44801 of title 49.’’.
8
(b) REVIEW
OF
COUNTER-UNMANNED AIRCRAFT
9 SYSTEM READINESS.—
10
(1) REVIEW.—The Director of the Joint Inter-
11
agency Task Force 401, in coordination with the
12
Secretaries of the military departments, shall con-
13
duct a review to identify differences in the interpre-
14
tation and application of section 130i of title 10,
15
United States Code, among the military depart-
16
ments.
17
(2) REPORT.—Not later than 180 days after
18
the date of the enactment of this Act, the Director
19
shall submit to the congressional defense committees
20
a report on the results of the review conducted
21
under paragraph (1). The report shall include a de-
22
scription of each of the following:
23
(A) Differences identified in the interpreta-
24
tion and application of section 130i of title 10,
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1
United States Code, among the military depart-
2
ments, including differences with respect to—
3
4
(i) interpretations of the term ‘‘covered facility or asset’’;
5
(ii) the application of modern best
6
practices for counter-UAS systems to each
7
type of covered facility or asset; and
8
(iii) divergent, unrealistic, or unneces-
9
sarily limited legal interpretations of the
10
term ‘‘covered facility or asset’’.
11
(B) The plan of the Director to remedy,
12
without changes to the underlying law, the dif-
13
ferences in legal interpretations and applica-
14
tions identified under subparagraph (A).
15
(C) Any resources required to expedite and
16
modernize site evaluations, including electro-
17
magnetic spectrum evaluations required for the
18
deployment of counter-UAS systems and site
19
surveys described in section 1089 of this Act.
20
(D) Suggestions to improve the role of the
21
United States Northern Command as a syn-
22
chronizing body for homeland counter-UAS sys-
23
tems deployed at covered facilities or assets.
24
(E) The strategy of the Director for retro-
25
fitting and modernizing military installations
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1
and depots for testing counter-UAS systems
2
and an identification of any policy, legal, or reg-
3
ulatory challenges to carrying out such a strat-
4
egy.
5
(3) DEFINITION.—In this subsection, the term
6
‘‘counter-UAS system’’ has the meaning given that
7
term in section 44801 of title 49, United States
8
Code.
9
(c) STRATEGY AND FUNDING PLAN.—Not later than
10 180 days after the date of the enactment of this Act, the
11 Secretary of Defense shall submit to the congressional de12 fense committees a report that includes—
13
(1) a strategy to ensure the Joint Interagency
14
Task Force 401 has the funding and other resources
15
necessary to execute its responsibilities, as required
16
under section 199 of title 10, United States Code
17
(as added by subsection (a)); and
18
(2) a plan for funding the Task Force across
19
the period covered by the most recent future-years
20
defense program submitted to Congress under sec-
21
tion 221 of title 10, United States Code (as of the
22
date of the report).
23
(d) COUNTER UNMANNED AERIAL SYSTEM THREAT
24 LIBRARY.—Section 353 of the National Defense Author-
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1 ization Act for Fiscal Year 2025 (Public Law 118–159;
2 10 U.S.C. 130i note) is amended—
3
(1) in subsection (a), by striking ‘‘Not later’’
4
and all that follows through ‘‘Office,’’ and inserting
5
‘‘Not later than June 30, 2027, the Director of the
6
Joint Interagency Task Force 401’’; and
7
(2) in subsection (c)—
8
(A) by striking ‘‘The Secretary’’ and all
9
that follows through ‘‘Office,’’ and inserting
10
‘‘The Director of the Joint Interagency Task
11
Force 401’’; and
12
(B) by striking ‘‘the Secretary of the
13
Army’’ and inserting ‘‘the Director’’.
14
SEC. 913. AUTHORITY TO ESTABLISH REGIONAL OUTREACH
15
CENTERS FOR THE DEFENSE INNOVATION
16
UNIT.
17
Section 4127 of title 10, United States Code, is
18 amended—
19
20
(1) by redesignating subsection (f) as subsection (g); and
21
(2) by inserting after subsection (e) the fol-
22
lowing new subsection:
23
‘‘(f) REGIONAL OUTREACH CENTERS.—
24
‘‘(1) IN GENERAL.—The Director may establish
25
and maintain regional offices of the Unit at loca-
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1
tions within and outside the United States for pur-
2
poses of conducting outreach to and streamlining
3
interactions between the Unit and the private sector,
4
academia, and other mission partners.
5
‘‘(2) SELECTION CRITERIA AND OTHER GUID-
6
ANCE.—In the event the Director exercises the au-
7
thority to establish and maintain regional offices
8
under paragraph (1), the Director shall—
9
‘‘(A) develop a strategy and criteria for the
10
selection of locations for such offices;
11
‘‘(B) issue any rules, regulations, policies,
12
or guidance necessary for the operation of such
13
offices; and
14
‘‘(C) make the information described in
15
subparagraphs (A) and (B) available on a pub-
16
licly accessible website of the Department of
17
Defense.’’.
18
SEC. 914. SMALL-UAS INDUSTRIAL BASE WORKING GROUP.
19
(a) ESTABLISHMENT.—Not later than January 15,
20 2026, the Deputy Secretary of Defense shall establish a
21 working group to be known as the ‘‘Small-UAS Industrial
22 Base Working Group’’ (referred to in this section as the
23 ‘‘Working Group’’) to analyze the supplier base for small24 UAS systems and recommend investments or other actions
25 to improve such supplier base.
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1
(b) MEMBERS.—The Working Group shall be com-
2 posed of the following members:
3
(1) The Deputy Secretary of Defense.
4
(2) The Assistant Secretary of Defense for In-
5
dustrial Base Policy.
6
7
(3) The Director of the Defense Autonomous
Warfare Group.
8
9
(4) One or more representatives of the Defense
Innovation Unit.
10
11
(5) The service acquisition executive of each
military department.
12
13
(6) One or more representatives from the Army
Materiel Command.
14
15
(7) One or more representatives from the
United States Special Operations Command.
16
(8) Such other members as the Deputy Sec-
17
retary of Defense determines appropriate.
18
(c) DIRECTOR OF WORKING GROUP.—The Director
19 of the Defense Autonomous Warfare Group shall serve as
20 the Director of the Working Group.
21
(d) RESPONSIBILITIES.—The Working Group shall
22 have the following responsibilities:
23
(1) Analyzing the current capacity of the sUAS
24
industrial base, including manufacturers of complete
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1
sUAS systems and suppliers of components for such
2
systems.
3
(2) Identifying likely investments by entities in
4
the sUAS industrial base to remediate fragile supply
5
chains and supply chains for systems or components
6
for which there are limited or no domestic suppliers,
7
taking into account reasonable estimates of Federal
8
Government and commercial demand and ensuring
9
that private investment is leveraged to the greatest
10
extent practicable.
11
(3) Developing plans for investments and other
12
actions to remediate fragile or non-U.S. suppliers,
13
including the following:
14
(A) Continued Federal Government pur-
15
chases of significant numbers of sUAS systems.
16
(B) Partnerships between entities in the
17
sUAS industrial base and the Federal Govern-
18
ment, including—
19
20
(i) the SkyFoundry initiative of the
Army Materiel Command;
21
(ii) arrangements for companies in the
22
sUAS industrial base to operate commer-
23
cially-owned, commercially-operated pro-
24
duction facilities on sites within the United
25
States organic industrial base;
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1
(iii) arrangements for the establish-
2
ment of Government-owned, contractor-op-
3
erated sUAS component production facili-
4
ties on such sites; and
5
(iv) arrangements for the establish-
6
ment of Government-owned, Government-
7
operated sUAS component production fa-
8
cilities on such sites.
9
(C) Identifying sUAS capabilities that are
10
required by the Army, Navy, Air Force, Marine
11
Corps, and Space Force, but which commercial
12
industry cannot or is not expected to fulfill.
13
(D) Identifying opportunities for public-
14
private partnerships to support the incubation
15
and innovation of sUAS technology.
16
(4) Identifying potential changes in qualifica-
17
tion processes for sUAS components that could en-
18
able greater commercial production of such compo-
19
nents and sUAS systems.
20
(e) REPORTS.—
21
(1) INITIAL REPORT.—Not later than April 1,
22
2026, the Working Group shall submit to the Dep-
23
uty Secretary of Defense and the congressional de-
24
fense committees a report that includes—
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1
2
(A) an initial assessment of the sUAS industrial base;
3
(B) a summary of the aggregate demand
4
signal made by the Federal Government for
5
sUAS production as of the date of the report;
6
(C) a summary of the future projected de-
7
mand signal by the Federal Government for
8
sUAS production;
9
(D) a description of the likely investments
10
in the sUAS component supplier base by com-
11
mercial industry over the period of 18 months
12
following the date of the report;
13
(E) recommendations for investments or
14
other actions to strengthen the sUAS industrial
15
base to optimally meet aggregate Federal Gov-
16
ernment and commercial demand; and
17
(F) an assessment of the Sky Foundry ini-
18
tiative of the Army to determine how that ini-
19
tiative is expected to—
20
(i) assist the Army in meeting its
21
sUAS requirements at a competitive cost;
22
and
23
24
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1
(2) BIANNUAL REPORTS.—Not less frequently
2
than once every 180 days following the submittal of
3
the initial report under paragraph (1), the Working
4
Group shall submit to the Deputy Secretary of De-
5
fense and the congressional defense committees an
6
updated version of the report.
7
(f) AUTHORIZATION OF SKYFOUNDRY PROGRAM.—
8 The Secretary of the Army may establish a SkyFoundry
9 program if—
10
(1) the Working Group has submitted the ini-
11
tial report required under subsection (e)(1) to the
12
congressional defense committees; and
13
14
(2) the Deputy Secretary of Defense certifies to
such committees that the SkyFoundry program—
15
(A) will improve the ability of the Army to
16
rapidly field sUAS systems at a competitive
17
cost; and
18
(B) will not negatively impact the commer-
19
cial sUAS industrial base.
20
(g) DEFINITIONS.—In this section:
21
(1) The term ‘‘small-UAS’’ or ‘‘sUAS’’ means
22
an unmanned aircraft system designated as Group
23
1, Group 2, or Group 3 in the Unmanned Aircraft
24
Systems Categorization Chart set forth in chapter
25
III of the Department of Defense Joint Publication
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1
3-30 (relating to ‘‘Joint Air Operations’’), or any
2
successor to such categorization system.
3
(2) The term ‘‘sUAS component’’ means any of
4
following components for sUAS systems:
5
(A) Brushless motors.
6
(B) Batteries.
7
(C) Antennae.
8
(D) Flight controllers, including printed
9
circuit boards.
10
(E) Wiring harnesses.
11
(F) Rotors.
12
(G) Blades and propellers.
13
(H) Chassis, bodies, and frames.
14
(I) Sensors, including electro-optical and
15
infra-red sensors, GPS, and other such sensors.
16
SEC. 915. TEMPORARY PROHIBITION ON DISESTABLISH-
17
MENT OF NAVY EXPEDITIONARY COMBAT
18
COMMAND PACIFIC.
19
(a) IN GENERAL.—During the one-year period begin-
20 ning on the date of the enactment of this Act, the Sec21 retary of the Navy may not take any action to disestablish
22 the Navy Expeditionary Combat Command Pacific located
23 at Joint Base Pearl Harbor-Hickam.
24
(b) BRIEFING REQUIRED.—Not later than 180 days
25 after the date of the enactment of this Act, the Secretary
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1 of the Navy (or a designee of the Secretary) shall provide
2 to the Committees on Armed Services of the Senate and
3 the House of Representatives a briefing on—
4
(1) the status of the decision of the Secretary
5
with respect to the disestablishment of the Navy Ex-
6
peditionary Combat Command Pacific; and
7
8
(2) the strategic rationale, cost, and benefits of
such disestablishment.
9
SEC. 916. LIMITATION ON AVAILABILITY OF FUNDS FOR
10
MODIFICATION OR CONSOLIDATION OF GEO-
11
GRAPHIC COMBATANT COMMANDS.
12
(a) LIMITATION.—None of the funds authorized to
13 be appropriated by this Act or otherwise made available
14 for fiscal year 2026 for the Department of Defense may
15 be obligated or expended to carry out an action described
16 in subsection (b) until a period of 60 days has elapsed
17 following the date on which the Secretary of Defense sub18 mits the certification and all other information required
19 under subsection (c) with respect to such action.
20
(b) ACTIONS DESCRIBED.—The actions described in
21 this subsection are the following:
22
(1) Modifying or combining the missions, re-
23
sponsibilities, or force structure of any a geographic
24
combatant command as set forth in chapter 6 of
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1
title 10, United States Code, with those of any other
2
command.
3
(2) Appointing an officer in a grade below O–
4
10 to serve as the Commander of any geographic
5
combatant command.
6
(3) Divesting, consolidating, or returning to a
7
host country any site included in the real property
8
inventory of a geographic combatant command as of
9
June 1, 2025.
10
(c) CERTIFICATION AND OTHER INFORMATION RE-
11
QUIRED.—The Secretary of Defense shall submit to the
12 congressional defense committees each of the following
13 with respect to any action described in subsection (b) that
14 is proposed to be taken by the Secretary:
15
(1) A certification that, in the determination of
16
the Secretary, undertaken with appropriate consulta-
17
tions with international partners, the action is in the
18
national security interest of the United States.
19
20
(2) A detailed analysis of the impact of such action on—
21
(A) the ability of the Armed Forces to exe-
22
cute contingency and other operational plans of
23
the Department of Defense, including counter-
24
terrorism operations and crisis response oper-
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1
ations, and the ability of the Armed Forces to
2
support such execution;
3
(B) the ability of the United States to
4
maintain access in the affected geographic com-
5
mand’s area of responsibility, including to pro-
6
tect the freedom of navigation;
7
(C) military training and major military
8
exercises, including on interoperability, security
9
cooperation, and joint activities with allies and
10
partners; and
11
(D) United States deterrence of potential
12
threats, including those that may be posed by
13
the People’s Republic of China and the Russian
14
Federation, and the adequacy of United States
15
military posture in the affected geographic com-
16
mand’s area of responsibilities for such pur-
17
poses.
18
(3) A detailed analysis of the costs for reloca-
19
tion of personnel, equipment, and associated infra-
20
structure.
21
22
(4) A description of consultations regarding
such action with each relevant ally or partner.
23
(5) Independent risk assessments prepared by
24
the Commanders of the affected geographic combat-
25
ant commands, the Chairman of the Joint Chiefs of
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1
Staff, and any other combatant commander that
2
may be affected by such action, of—
3
(A) the impact of such action on the secu-
4
rity of the United States;
5
(B) the impact of such action on the abil-
6
ity of the Armed Forces to execute campaign
7
and contingency plans of the Department of
8
Defense, including in support of operations out-
9
side the area of responsibility of the affected ge-
10
ographic combatant commands; and
11
(C) the impact of such action on military
12
training and major military exercises, including
13
on interoperability and joint activities with re-
14
gional allies and partners.
15
(d) CONSULTATION.—In preparing the certification
16 and other information required under subsection (c) the
17 Secretary of Defense shall consult with Commanders in
18 the affected geographic combatant command’s area of re19 sponsibility and the commander of any other geographic
20 combatant command expected to be affected by an action
21 described in subsection (b).
22
(e) FORM.—
23
(1) CERTIFICATION.—The certification required
24
by subsection (c)(1) shall be submitted in unclassi-
25
fied form.
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1
(2) OTHER
INFORMATION.—The
information
2
described in paragraphs (2) through (5) of sub-
3
section (c) may be submitted in classified form.
4
(3) SPECIAL RULE FOR INDEPENDENT RISK AS-
5
SESSMENTS.—Each independent risk assessment re-
6
quired by subsection (c)(5) shall be submitted in
7
unaltered format.
8
SEC. 917. LIMITATION ON AVAILABILITY OF FUNDS FOR
9
THE ARMY PENDING SUBMITTAL OF PLAN ON
10
THE PROPOSED INTEGRATION OF THE JOINT
11
MUNITIONS
12
SUSTAINMENT COMMAND.
13
COMMAND
AND
THE
ARMY
(a) IN GENERAL.—None of the funds authorized to
14 be appropriated by this Act or otherwise made available
15 for fiscal year 2026 for the Army may be obligated or ex16 pended to take any action described in subsection (b) with
17 respect to the Joint Munitions Command and the Army
18 Sustainment Command (referred to in this section collec19 tively as the ‘‘Commands’’) until the Secretary of the
20 Army submits to the Committees on Armed Services of
21 the Senate and the House of Representatives a report re22 garding the proposed plan of the Secretary to integrate
23 the Commands.
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1
(b) ACTIONS DESCRIBED.—The actions described in
2 this subsection are any actions to integrate or otherwise
3 restructure the Commands, including through—
4
(1) changing the numbers, duty locations, or re-
5
sponsibilities of personnel under the Commands; or
6
(2) modifying leadership or reporting chains of
7
the Commands.
8
(c) ELEMENTS.—The report required by subsection
9 (a) shall include the following:
10
(1) A detailed comparison of the organizational
11
structures of the Commands (as in effect on the
12
date of the enactment of this Act) compared to the
13
proposed organizational structures of such Com-
14
mands if integrated as proposed by the Secretary of
15
the Army, including any associated changes to re-
16
porting chains, leadership roles, and workforce.
17
18
(2) The planned timeline for implementation of
such integration.
19
(3) Any plans for changing the numbers, duty
20
locations, or responsibilities of personnel under the
21
Commands.
22
23
(4) A mission justification for the proposed integration.
24
(5) An assessment of the short-term and long-
25
term impacts of the proposed integration on the
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1
readiness of the Army and the Department of De-
2
fense to conduct the missions of the Commands and
3
the plan of the Army for mitigating those impacts.
4
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation of reporting requirements relating to Department of
Defense financial improvement and audit remediation plan.
Sec. 1003. Concurrent reporting date for annual update to Defense Business
Systems Audit Remediation Plan and Department of Defense
annual financial statements.
Sec. 1004. Amendments and repeals to budgetary display requirements.
Sec. 1005. Extension of audit requirement for Department of Defense components.
Sec. 1006. Reporting requirements for amounts made available pursuant to
title II of Public Law 119–21.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of
the financial statements of the Department of Defense for fiscal year 2026.
Subtitle B—Counterdrug Activities
Sec. 1010. Support for counterdrug activities and activities to counter
transnational organized crime.
Subtitle C—Naval Vessels and Shipyards
Sec. 1011. Requirements for amphibious warfare ship force structure.
Sec. 1012. Definition of short-term work for purposes of Navy construction of
combatant and escort vessels and assignment of vessel projects.
Sec. 1013. Navy Senior Technical Authority.
Sec. 1014. Overhaul, repair, and maintenance of vessels in the Commonwealth
of the Northern Mariana Islands.
Sec. 1015. Allocation of certain operation and maintenance funds for Navy amphibious ship maintenance.
Sec. 1016. Metrics for basic and functional design for ship construction.
Sec. 1017. Authority for single award indefinite delivery-indefinite quantity
contract for destroyer maintenance.
Sec. 1018. Limitation on availability of funds to retire or decommission oceanographic research vessels of the Navy.
Sec. 1019. Strategy for Navy investment in and support for the maritime industrial base.
Sec. 1020. Exemption of unmanned surface vessels and unmanned underwater
vehicles from certain technical authority requirements.
Sec. 1021. Pilot program on use of automated shipbuilding technologies and capabilities.
Sec. 1022. Modification of authority to purchase used vessels under the National Defense Sealift Fund.
Subtitle D—Counterterrorism
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Sec. 1031. Extension of authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities.
Sec. 1032. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Modification of authority to provide assistance in support of Department of Defense accounting for missing United States Government personnel.
Sec. 1042. Senior leaders of the Department of Defense and other specified
persons: authority to provide protection.
Sec. 1043. Modification of requirements relating to support of civil authorities
by Armed Forces.
Sec. 1044. Authority of Secretary of Defense to enter into contracts to provide
certain assistance to secure the southern land border of the
United States.
Sec. 1045. Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program.
Sec. 1046. Limitation on retirement of Gray Eagle unmanned aircraft systems.
Sec. 1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical
Group.
Sec. 1048. Authorization of Eastern Regional Range Complex for multi-domain
operations and robotic autonomous systems training, testing,
and experimentation.
Sec. 1049. Limitation on use of funds for deactivation of Expeditionary Combat
Aviation Brigades.
Sec. 1050. Prohibition on use of live animals in Department of Defense live
fire trauma training.
Sec. 1051. Prohibition on destruction or scrapping of World War II–era aircraft.
Sec. 1052. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1053. Congressional notification of support for immigration enforcement
operations.
Subtitle F—Studies and Reports
Sec. 1061. Notification of waivers under Department of Defense Directive
3000.09.
Sec. 1062. Modifications to authority for transfer and sale of certain surplus
firearms, ammunition, and parts.
Sec. 1063. Extension of mobility capability requirements study.
Sec. 1064. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1065. Extension of biennial assessments of Air Force Test Center.
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Sec. 1066. Reports on installation of certain collision avoidance systems in military rotary-wing aircraft.
Sec. 1067. Cybersecurity and resilience annex in Strategic Rail Corridor Network assessments.
Sec. 1068. GAO review and report on biological weapons experiments on and
in relation to ticks, tick-borne disease.
Sec. 1069. Briefings on expenditures or planned expenditures of funds allocated
for exploration and development of existing Arctic infrastructure.
Sec. 1070. Semiannual report on Department of Defense operations at the
southern land border.
Sec. 1071. Assessment on potential establishment of incubator programs for secure facilities and networks at universities.
Subtitle G—Other Matters
Sec. 1081. Extension of the National Commission on the Future of the Navy.
Sec. 1082. Federal agency support for Afghanistan War Commission.
Sec. 1083. Provision of contract authority to Afghanistan War Commission.
Sec. 1084. Reauthorization of Servicewomen’s Commemorative Partnership.
Sec. 1085. AUKUS Improvement Act of 2025.
Sec. 1086. Framework for reforming technology transfer and foreign disclosure
policies.
Sec. 1087. Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United
States Special Operations Command.
Sec. 1088. Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities
for base defense.
Sec. 1089. Pilot program and other requirements for accelerating protection of
certain facilities and assets from unmanned aircraft.
Sec. 1090. Process for complaints and investigations of transportation service
providers and transportation officers.
Sec. 1091. Declassification of certain records relating to Tower 22 attack.
Sec. 1092. Updates and preservation of memorials to chaplains at Arlington
National Cemetery.
Sec. 1093. Critical infrastructure compatibility tabletop exercise.
Sec. 1094. Irregular Warfare Exercise Laboratory.
Sec. 1095. Commission on the National Defense Strategy.
1
2
Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
3
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
4
(1) AUTHORITY.—Upon determination by the
5
Secretary of Defense that such action is necessary in
6
the national interest, the Secretary may transfer
7
amounts of authorizations made available to the De-
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1
partment of Defense in this division for fiscal year
2
2026 between any such authorizations for that fiscal
3
year (or any subdivisions thereof). Amounts of au-
4
thorizations so transferred shall be merged with and
5
be available for the same purposes as the authoriza-
6
tion to which transferred.
7
(2) LIMITATION.—Except as provided in para-
8
graph (3), the total amount of authorizations that
9
the Secretary may transfer under the authority of
10
this section may not exceed $6,000,000,000.
11
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
12
MILITARY PERSONNEL AUTHORIZATIONS.—A
13
fer of funds between military personnel authoriza-
14
tions under title IV shall not be counted toward the
15
dollar limitation in paragraph (2).
16
(b) LIMITATIONS.—The authority provided by sub-
trans-
17 section (a) to transfer authorizations—
18
(1) may only be used to provide authority for
19
items that have a higher priority than the items
20
from which authority is transferred; and
21
(2) may not be used to provide authority for an
22
item that has been denied authorization by Con-
23
gress.
24
(c) EFFECT
ON
AUTHORIZATION AMOUNTS.—A
25 transfer made from one account to another under the au-
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1 thority of this section shall be deemed to increase the
2 amount authorized for the account to which the amount
3 is transferred by an amount equal to the amount trans4 ferred.
5
(d) NOTICE TO CONGRESS.—The Secretary shall
6 promptly notify Congress of each transfer made under
7 subsection (a).
8
SEC.
1002.
CONSOLIDATION
OF
REPORTING
REQUIRE-
9
MENTS RELATING TO DEPARTMENT OF DE-
10
FENSE
11
AUDIT REMEDIATION PLAN.
12
13
FINANCIAL
IMPROVEMENT
AND
(a) FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION
PLAN.—Section 240b of title 10, United States
14 Code, is amended—
15
(1) in subsection (a)(2)(A)—
16
17
18
19
20
21
(A) in clause (iv), by striking ‘‘and’’ at the
end;
(B) in clause (v), by striking ‘‘and’’ at the
end; and
(C) by adding at the end the following new
clauses:
22
‘‘(vi) meeting resource requirements,
23
including personnel and information tech-
24
nology infrastructure; and
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1
‘‘(vii) identifying long-range goals and
2
measurable objectives, including audit cycle
3
timelines, control testing frequency, and
4
auditor-validated corrective action plans;
5
and’’; and
6
(2) in subsection (b)—
7
8
(A) in paragraph (1)(B), by adding at the
end the following new clauses:
9
‘‘(ix) A detailed estimate of the fund-
10
ing required for the next fiscal year to pro-
11
cure, obtain, or otherwise implement each
12
process, system, and technology identified
13
to address the corrective action plan or
14
plans of each department, agency, compo-
15
nent, or element of the Department of De-
16
fense, and the corrective action plan of the
17
Department as a whole, for purposes of
18
this chapter during such fiscal year.
19
‘‘(x) The number and scope of auto-
20
mated processes implemented, including
21
reconciliation, inventory validation, and in-
22
ternal controls.’’;
23
(B) in paragraph (2), by striking subpara-
24
graph (B) and inserting the following new sub-
25
paragraph (B):
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1
‘‘(B) The January 31 briefing under subpara-
2
graph (A) shall include a ranking of all of the mili-
3
tary departments and Defense Agencies in order of
4
how advanced each is in achieving auditable finan-
5
cial statements, as required by law.’’;
6
(C) by redesignating paragraph (3) as
7
paragraph (4);
8
(D) by inserting after paragraph (2) the
9
following new paragraph (3):
10
‘‘(3) ANNUAL
REPORT
BY
BOTTOM
QUAR-
11
TILE.—Not
12
head of each military department and Defense Agen-
13
cy that was ranked in the bottom quartile of the re-
14
port submitted under paragraph (2)(B) for that year
15
shall submit to the congressional defense committees
16
a report that includes the following information for
17
that military department or Defense Agency:
later than June 30 of each year, the
18
‘‘(A) A description of the material weak-
19
nesses of the military department or Defense
20
Agency.
21
22
23
24
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‘‘(B) The underlying causes of such weaknesses.
‘‘(C) A plan for remediating such weaknesses.
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1
‘‘(D) The total number of open audit no-
2
tices of findings and recommendations (in this
3
paragraph referred to as ‘NFRs’) for the most
4
recently concluded fiscal year and the preceding
5
two fiscal years, where applicable.
6
‘‘(E) The number of repeat or reissued
7
NFRs from the most recently concluded fiscal
8
year.
9
‘‘(F) The number of NFRs that were pre-
10
viously forecasted to be closed during the most
11
recently concluded fiscal year that remain open.
12
‘‘(G) The number of closed NFRs during
13
the current fiscal year and prior fiscal years.
14
‘‘(H) The number of material weaknesses
15
that were validated by external auditors as fully
16
resolved or downgraded during the current fis-
17
cal year relative to prior fiscal years.
18
19
‘‘(I) A breakdown, by fiscal year, of which
open NFRs are forecasted to be closed.
20
‘‘(J) Explanations for any unfavorable
21
trends in the information included under para-
22
graphs (1) through (9).’’; and
23
(E) in paragraph (4), as redesignated by
24
subparagraph (C) of this paragraph, by striking
25
‘‘the critical capabilities described in the De-
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1
partment of Defense report titled ‘Financial
2
Improvement and Audit Readiness (FIAR) Plan
3
Status Report’ and dated May 2016’’ and in-
4
serting ‘‘the financial statement audit priorities
5
designated by the Secretary of Defense for the
6
fiscal year in which the report is submitted’’.’’.
7
(b) ANNUAL REPORTS ON FUNDING FOR CORREC-
8
TIVE ACTION PLANS.—Section 1009 of the National De-
9 fense Authorization Act for Fiscal Year 2020 (Public Law
10 116–92; 10 U.S.C. 240b note) is amended by striking sub11 section (c).
12
(c) ANNUAL REPORT ON AUDITABLE FINANCIAL
13 STATEMENTS.—Title 10, United States Code, is amended
14 by striking section 240h.
15
SEC. 1003. CONCURRENT REPORTING DATE FOR ANNUAL
16
UPDATE TO DEFENSE BUSINESS SYSTEMS
17
AUDIT REMEDIATION PLAN AND DEPART-
18
MENT
19
STATEMENTS.
20
OF
DEFENSE
ANNUAL
FINANCIAL
Section 240g(b) of title 10, United States Code, is
21 amended to read as follows:
22
‘‘(b) ANNUAL REPORT.—On the same date as the
23 date of the submission of the audited financial statements
24 of the Department of Defense required pursuant to section
25 240a of this title each year, the Secretary of Defense shall
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1 submit to the congressional defense committees an up2 dated annual report on the Defense Business Systems
3 Audit Remediation Plan under subsection (a).’’.
4
SEC. 1004. AMENDMENTS AND REPEALS TO BUDGETARY
5
DISPLAY REQUIREMENTS.
6
(a) AMENDMENTS TO EXISTING LAW.—
7
(1) EXPLOSIVE ORDNANCE DISPOSAL DEFENSE
8
PROGRAM.—Section 2284 of title 10, United States
9
Code, is amended—
10
(A) by striking subsection (c); and
11
(B) by redesignating subsection (d) as sub-
12
section (c).
13
(2) BODY ARMOR PROCUREMENT.—Section 141
14
of the National Defense Authorization Act for Fiscal
15
Year 2010 (Public Law 111–84; 10 U.S.C. 221
16
note) is amended to read as follows:
17
18
‘‘SEC. 141. BODY ARMOR PROCUREMENT.
‘‘The Secretary of Defense shall ensure that body
19 armor is procured using funds authorized to be appro20 priated by this title.’’.
21
(b) REPEALS OF EXISTING LAW.—The following pro-
22 visions of law are repealed:
23
(1) EVALUATION
AND ASSESSMENT OF THE
24
DISTRIBUTED COMMON GROUND SYSTEM.—Section
25
219 of the National Defense Authorization Act for
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1
Fiscal Year 2014 (Public Law 113–66; 10 U.S.C.
2
221 note).
3
(2) SEPARATE PROGRAM ELEMENTS REQUIRED
4
FOR RESEARCH AND DEVELOPMENT OF JOINT LIGHT
5
TACTICAL VEHICLE.—Section 213 of the Ike Skelton
6
National Defense Authorization Act for Fiscal Year
7
2011 (Public Law 111–383; 10 U.S.C. 221 note).
8
(3) SEPARATE PROCUREMENT LINE ITEMS FOR
9
FUTURE COMBAT SYSTEMS PROGRAM.—Section 111
10
of the Duncan Hunter National Defense Authoriza-
11
tion Act for Fiscal Year 2009 (Public Law 110–417;
12
10 U.S.C. 221 note).
13
(4) SEPARATE PROCUREMENT AND RESEARCH,
14
DEVELOPMENT, TEST, AND EVALUATION LINE ITEMS
15
AND PROGRAM ELEMENTS FOR SKY WARRIOR UN-
16
MANNED AERIAL SYSTEMS PROJECT.—Section
17
of the Duncan Hunter National Defense Authoriza-
18
tion Act for Fiscal Year 2009 (Public Law 110–417;
19
10 U.S.C. 221 note).
214
20
(5) REQUIREMENT FOR SEPARATE DISPLAY OF
21
BUDGETS FOR AFGHANISTAN AND IRAQ.—Section
22
1502 of the Duncan Hunter National Defense Au-
23
thorization Act for Fiscal Year 2009 (Public Law
24
110–417; 10 U.S.C. 221 note).
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1
SEC. 1005. EXTENSION OF AUDIT REQUIREMENT FOR DE-
2
PARTMENT OF DEFENSE COMPONENTS.
3
Section 1004(a) of the National Defense Authoriza-
4 tion Act for Fiscal Year 2024 (Public Law 118–81; 10
5 U.S.C. 240d note) is amended by striking ‘‘2034’’ and in6 serting ‘‘2035’’.
7
SEC. 1006. REPORTING REQUIREMENTS FOR AMOUNTS
8
MADE AVAILABLE PURSUANT TO TITLE II OF
9
PUBLIC LAW 119–21.
10
(a) ANNUAL REPORTS.—At the time of the submis-
11 sion to Congress of the budget of the President for each
12 of fiscal years 2027 through 2029 pursuant to section
13 1105(a) of title 31, United States Code, the Secretary of
14 Defense shall submit to the congressional defense commit15 tees the following, with respect to amounts made available
16 by title II of Public Law 119–21:
17
(1) Proposed allocations by account and by pro-
18
gram, project, or activity, with detailed justifica-
19
tions.
20
(2) P–1 and R–1 budget justification docu-
21
ments, which shall identify the allocation of funds by
22
program, project, and activity.
23
(3) M–1 and O–1 budget justification docu-
24
ments, which shall identify the allocation of funds by
25
budget activity, activity group, and sub-activity
26
group.
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1
(4) C–1 budget justification documents, which
2
shall identify the allocation of funds by component,
3
location, and project name.
4
(b) QUARTERLY REPORTS AND BRIEFINGS.—On a
5 quarterly basis, the Secretary of Defense shall—
6
(1) submit to the congressional defense commit-
7
tees a report on the status of balances of projects
8
and activities funded using amounts described in
9
subsection (a), including all uncommitted, com-
10
mitted, and unobligated funds; and
11
(2) following the submission of each such re-
12
port, provide to the congressional defense a briefing
13
on the matters covered by the report.
14
SEC. 1007. USE OF TECHNOLOGY USING ARTIFICIAL INTEL-
15
LIGENCE TO FACILITATE AUDIT OF THE FI-
16
NANCIAL STATEMENTS OF THE DEPARTMENT
17
OF DEFENSE FOR FISCAL YEAR 2026.
18
(a) USE OF AI TECHNOLOGY FOR AUDITS.—The
19 Secretary of Defense, the Secretary of the Army, the Sec20 retary of the Navy, and the Secretary of the Air Force
21 shall encourage, to the greatest extent practicable, the use
22 of technology that uses artificial intelligence or machine
23 learning for the purpose of facilitating audits of the finan24 cial statements of the Department of Defense.
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1
(b) IMPLEMENTATION OF AI TECHNOLOGY FOR AU-
2
DITS.—The Director of the Chief Digital and Artificial In-
3 telligence Office of the Department, in coordination with
4 the Under Secretary of Defense for Research and Engi5 neering and the Inspector General of the Department,
6 shall oversee the adoption of artificial intelligence and ma7 chine learning technologies in support of financial man8 agement and enterprise business operations.
9
Subtitle B—Counterdrug Activities
10
SEC. 1010. SUPPORT FOR COUNTERDRUG ACTIVITIES AND
11
ACTIVITIES TO COUNTER TRANSNATIONAL
12
ORGANIZED CRIME.
13
Subsection (h)(3) of section 284 of title 10, United
14 States Code, is amended—
15
16
17
18
19
(1) in subparagraph (A)—
(A) in clause (ii), by striking ‘‘and’’ at the
end; and
(B) by adding at the end the following new
clauses:
20
‘‘(iv) a description of the arrange-
21
ments, if any, for the sustainment of the
22
support, project, or purpose and the source
23
of funds to support sustainment of the ca-
24
pabilities
25
achieved using such support, if applicable;
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and
performance
outcomes
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1
‘‘(v) a description of the objectives for
2
the support, project, or purpose; and
3
‘‘(vi)
information,
including
the
4
amount, type, and purpose, about the sup-
5
port provided to the agency during the fis-
6
cal year for which the support is provided
7
with respect to—
8
‘‘(I) this section; or
9
‘‘(II) counterdrug activities au-
10
thorized by section 1033 of the Na-
11
tional Defense Authorization Act for
12
Fiscal Year 1998 (Public Law 105–
13
85; 111 Stat. 1811).’’; and
14
(2) in subparagraph (B)(i), by striking ‘‘the
15
Committees on Armed Services of the Senate and
16
House of Representatives’’ and inserting ‘‘the con-
17
gressional defense committees’’.
18
19
Subtitle C—Naval Vessels and
Shipyards
20
SEC. 1011. REQUIREMENTS FOR AMPHIBIOUS WARFARE
21
22
SHIP FORCE STRUCTURE.
Section 8062(e) of title 10, United States Code, is
23 amended—
24
25
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
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1
2
(2) in paragraph (3), by striking the period and
inserting ‘‘; and’’; and
3
4
(3) by adding at the end the following new
paragraph:
5
‘‘(4) the Navy prioritizes scheduled mainte-
6
nance and repair actions to maintain the minimum
7
number of available amphibious warfare ships to
8
meet operational requirements.’’.
9
SEC. 1012. DEFINITION OF SHORT-TERM WORK FOR PUR-
10
POSES OF NAVY CONSTRUCTION OF COMBAT-
11
ANT AND ESCORT VESSELS AND ASSIGNMENT
12
OF VESSEL PROJECTS.
13
Section 8669a(c)(4) of title 10, United States Code,
14 is amended by striking ‘‘12 months’’ and inserting ‘‘18
15 months’’.
16
17
SEC. 1013. NAVY SENIOR TECHNICAL AUTHORITY.
Section 8669b of title 10, United States Code, is
18 amended—
19
20
(1) in subsection (a)(2), by amending subparagraph (B) to read as follows:
21
‘‘(B) reports directly to the portfolio acqui-
22
sition executive, established under section 1732
23
of this title.’’; and
24
(2) in subsection (b)—
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1
(A) by inserting ‘‘(1)’’ before ‘‘Each Sen-
2
ior’’; and
3
(B) by adding at the end the following new
4
5
paragraph:
‘‘(2) Each Senior Technical Authority shall also be
6 responsible for the determination that all design require7 ments for a vessel class are directly related to a key per8 formance parameter or key system attribute established
9 in the capability development document for such class.
10 Any such requirement that the Senior Technical Authority
11 determines is unnecessary to meet a key performance pa12 rameter or key system attribute shall not be approved.’’.
13
SEC. 1014. OVERHAUL, REPAIR, AND MAINTENANCE OF VES-
14
SELS
15
NORTHERN MARIANA ISLANDS.
16
IN
THE
COMMONWEALTH
OF
THE
Section 8680 of title 10, United States Code, is
17 amended—
18
19
(1) in subsection (a)—
(A) in the heading, by striking ‘‘UNITED
20
STATES
21
STATES, GUAM, OR COMMONWEALTH OF THE
22
NORTHERN MARIANA ISLANDS’’; and
OR
GUAM’’ and inserting ‘‘UNITED
23
(B) by striking ‘‘the United States or
24
Guam’’ each place it appears and inserting ‘‘the
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1
United States, Guam, or the Commonwealth of
2
the Northern Mariana Islands’’; and
3
(2) in subsection (d), by striking ‘‘the United
4
States or Guam’’ and inserting ‘‘the United States,
5
Guam, or the Commonwealth of the Northern Mar-
6
iana Islands’’.
7
SEC. 1015. ALLOCATION OF CERTAIN OPERATION AND
8
MAINTENANCE FUNDS FOR NAVY AMPHIB-
9
IOUS SHIP MAINTENANCE.
10
(a) ALLOCATION OF FISCAL YEAR 2026 FUNDS.—
11 Of the funds authorized to be appropriated by this Act
12 or otherwise made available for fiscal year 2026 for oper13 ation and maintenance, Navy for ship maintenance, the
14 Secretary of the Navy shall ensure that such funds are
15 allocated to provide, on a per capita basis, an equal or
16 greater amount of funding for each amphibious warfare
17 ship that enters into maintenance availability during fiscal
18 year 2026 relative to the amount of funding provided for
19 each surface combatant ship.
20
(b) DEFINITIONS.—In this section:
21
(1) The term ‘‘amphibious warfare ship’’ has
22
the meaning given that term in section 8062(h) of
23
title 10, United States Code.
24
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1
(A) means a surface ship that is designed
2
primarily to engage in attacks against airborne,
3
surface, subsurface, and shore targets; and
4
(B) includes any—
5
(i) guided missile cruiser;
6
(ii) guided missile destroyer;
7
(iii) guided missile frigate; and
8
(iv) littoral combat ship.
9
SEC. 1016. METRICS FOR BASIC AND FUNCTIONAL DESIGN
10
11
FOR SHIP CONSTRUCTION.
(a) IN GENERAL.—Not later than 180 days after the
12 date of the enactment of this Act, the Secretary of the
13 Navy shall select a metric to measure the progression of
14 basic and functional design with respect to the construc15 tion of ships.
16
(b) REPORT.—Not later than 45 days after the selec-
17 tion of a metric under subsection (a), the Secretary of the
18 Navy shall submit to the congressional defense committees
19 a report on such metric that includes the justification for
20 the selection of the metric.
21
(c) BASIC AND FUNCTIONAL DESIGN.—In this sec-
22 tion, the term ‘‘basic and functional design’’ has the mean23 ing given such term in section 8669c(1) of title 10, United
24 States Code.
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1
SEC. 1017. AUTHORITY FOR SINGLE AWARD INDEFINITE DE-
2
LIVERY-INDEFINITE
3
FOR DESTROYER MAINTENANCE.
4
QUANTITY
CONTRACT
The Secretary of the Navy shall seek to enter into
5 a multi-year single award indefinite delivery-indefinite
6 quantity contract to provide for the maintenance of the
7 DDG–1000 class of destroyers.
8
SEC. 1018. LIMITATION ON AVAILABILITY OF FUNDS TO RE-
9
TIRE OR DECOMMISSION OCEANOGRAPHIC
10
RESEARCH VESSELS OF THE NAVY.
11
None of the funds authorized to be appropriated by
12 this Act for fiscal year 2026 may be obligated or expended
13 to retire or decommission, prepare to retire or decommis14 sion, or place in storage, any oceanographic research ves15 sel of the Navy unless the Secretary of the Navy has iden16 tified and acquired a suitable replacement vessel for con17 ducting the research that has been conducted by the vessel
18 selected for retirement or decommissioning.
19
SEC. 1019. STRATEGY FOR NAVY INVESTMENT IN AND SUP-
20
PORT FOR THE MARITIME INDUSTRIAL BASE.
21
(a) IN GENERAL.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of the
23 Navy shall develop and implement a strategy for investing
24 in and supporting the maritime industrial base to address
25 cost and schedule challenges for surface and submarine
26 shipbuilding programs.
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1
(b) ELEMENTS.—The strategy under subsection (a)
2 shall—
3
(1) focus on ensuring reliable supplies of se-
4
quence critical components for submarine and sur-
5
face shipbuilding programs; and
6
(2) include measures—
7
(A) to identify key performance indicators
8
to measure return on investment;
9
(B) to centralize data collection to support
10
further analysis of maritime industrial base per-
11
formance; and
12
(C) to apply artificial intelligence to mon-
13
itor and predict potential supply chain chal-
14
lenges, including potential disruptions, material
15
shortages, delivery delays, and other such fac-
16
tors.
17
(c) REPORT.—Following completion of the strategy
18 required under subsection (a), but not later than 210 days
19 after the date of the enactment of this Act, the Secretary
20 of the Navy shall submit to the congressional defense com21 mittees a report on the strategy. The report shall in22 clude—
23
(1) a summary of the strategy;
24
(2) timelines for implementation of the strat-
25
egy; and
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1
(3) an explanation of how the strategy is ex-
2
pected to address cost and schedule challenges for
3
surface and submarine shipbuilding programs.
4
SEC. 1020. EXEMPTION OF UNMANNED SURFACE VESSELS
5
AND
6
FROM CERTAIN TECHNICAL AUTHORITY RE-
7
QUIREMENTS.
UNMANNED
UNDERWATER
VEHICLES
8
(a) EXEMPTION FROM SENIOR TECHNICAL AUTHOR-
9
ITY REQUIREMENTS.—Unmanned surface vessels and un-
10 manned underwater vehicles acquired or developed by the
11 Department of the Navy are exempt from any requirement
12 for oversight by a senior technical authority established
13 under section 8669b of title 10, United States Code, ex14 cept the requirements, specifications, and approvals de15 scribed in subsection (c).
16
(b) LIMITATION RELATING
TO
OFFICE
OF THE
17 CHIEF ENGINEER.—Subject to subsection (c), the Chief
18 Engineer of the Naval Sea Systems Command may not
19 establish any requirement, specification, or approval for
20 an unmanned surface vessel or an unmanned underwater
21 vehicle unless such action is approved in advance by the
22 program manager responsible for the respective unmanned
23 system.
24
(c) EXCEPTIONS.—As the Secretary of the Navy con-
25 siders appropriate, unmanned surface vessels and un-
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1 manned underwater vehicles may be subject to require2 ments, specifications, and approvals established by tech3 nical domain managers or technical warrant holders with
4 responsibility for cybersecurity, ordnance and explosives,
5 or warfare systems, without advanced approval described
6 in subsection (b).
7
(d) DEFINITIONS.—In this section:
8
(1) The term ‘‘unmanned surface vessel’’ means
9
a vessel designed to operate on the surface of the
10
water without an onboard human crew.
11
(2) The term ‘‘unmanned underwater vehicle’’
12
means a vehicle designed to operate below the sur-
13
face of the water without an onboard human crew.
14
SEC. 1021. PILOT PROGRAM ON USE OF AUTOMATED SHIP-
15
BUILDING
16
TIES.
17
TECHNOLOGIES
AND
CAPABILI-
(a) IN GENERAL.—Not later than 90 days after the
18 date of the enactment of this Act, the Secretary of the
19 Navy shall establish a pilot program on the use of auto20 mated assembly technologies and capabilities in naval
21 shipbuilding to reduce overall construction times and al22 leviate workforce constraints (in this section referred to
23 as the ‘‘pilot program’’).
24
(b) ELEMENTS OF PILOT PROGRAM.—In carrying
25 out the pilot program, the Secretary of the Navy shall—
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1
(1) identify and select available novel auto-
2
mated hull assembly technologies for incorporation
3
and demonstration;
4
(2) designate at least one surface ship or sub-
5
marine program to demonstrate the automated tech-
6
nologies identified under paragraph (1);
7
(3) carry out such demonstrations;
8
(4) evaluate the demonstrated automated tech-
9
nologies—
10
(A) across a range of functions, including
11
plate preparation, welding, and block assembly;
12
and
13
(B) for compatibility and ease of adoption
14
into the existing shipbuilding value chain; and
15
(5) assess the feasibility and effectiveness of
16
automated approaches in improving subassembly
17
construction times, overall ship construction sched-
18
ules, and workforce efficiency and safety.
19
(c) REPORTS.—
20
(1) IN GENERAL.—Not later than September
21
30, 2026, and annually thereafter until the pilot
22
program terminates, the Secretary of the Navy shall
23
submit to the Committee on Armed Services of the
24
Senate and the Committee on Armed Services of the
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1
House of Representatives a report on the implemen-
2
tation and results of the pilot program.
3
(2) ELEMENTS OF REPORTS.—Each report re-
4
quired by paragraph (1) shall include the following:
5
(A) An identification of the time required
6
to adapt specific technologies and processes.
7
(B) A description of the impact of the pilot
8
program on workforce and construction sched-
9
ules.
10
(d) TERMINATION.—The pilot program shall termi-
11 nate on the date that is three years after the date of the
12 enactment of this Act.
13
SEC. 1022. MODIFICATION OF AUTHORITY TO PURCHASE
14
USED VESSELS UNDER THE NATIONAL DE-
15
FENSE SEALIFT FUND.
16
Section 2218(f)(3)(C) of title 10, United States Code,
17 is amended by striking ‘‘10’’ and inserting ‘‘12’’.
18
Subtitle D—Counterterrorism
19
SEC. 1031. EXTENSION OF AUTHORITY FOR JOINT TASK
20
FORCES TO SUPPORT LAW ENFORCEMENT
21
AGENCIES
22
RORISM ACTIVITIES.
23
CONDUCTING
COUNTER-TER-
Section 1022(b) of the National Defense Authoriza-
24 tion Act for Fiscal Year 2004 (Public Law 108–136; 10
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1 U.S.C. 271(b) note) is amended by striking ‘‘2027’’ and
2 inserting ‘‘2032’’.
3
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS
4
FOR TRANSFER OR RELEASE OF INDIVID-
5
UALS DETAINED AT UNITED STATES NAVAL
6
STATION, GUANTANAMO BAY, CUBA, TO THE
7
UNITED STATES.
8
Section 1033 of the John S. McCain National De-
9 fense Authorization Act for Fiscal Year 2019 (Public Law
10 115–232; 132 Stat. 1953) is amended by striking ‘‘De11 cember 31, 2025’’ and inserting ‘‘December 31, 2026’’.
12
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS
13
TO CONSTRUCT OR MODIFY FACILITIES IN
14
THE UNITED STATES TO HOUSE DETAINEES
15
TRANSFERRED FROM UNITED STATES NAVAL
16
STATION, GUANTANAMO BAY, CUBA.
17
Section 1034(a) of the John S. McCain National De-
18 fense Authorization Act for Fiscal Year 2019 (Public Law
19 115–232; 132 Stat. 1954) is amended by striking ‘‘De20 cember 31, 2025’’ and inserting ‘‘December 31, 2026’’.
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1
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS
2
FOR TRANSFER OR RELEASE OF INDIVID-
3
UALS DETAINED AT UNITED STATES NAVAL
4
STATION, GUANTANAMO BAY, CUBA, TO CER-
5
TAIN COUNTRIES.
6
Section 1035 of the John S. McCain National De-
7 fense Authorization Act for Fiscal Year 2019 (Public Law
8 115–232; 132 Stat. 1954) is amended by striking ‘‘De9 cember 31, 2025’’ and inserting ‘‘December 31, 2026’’.
10
SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS
11
TO CLOSE OR RELINQUISH CONTROL OF
12
UNITED STATES NAVAL STATION, GUANTA-
13
NAMO BAY, CUBA.
14
Section 1036 of the National Defense Authorization
15 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
16 1551) is amended by striking ‘‘fiscal years 2018 through
17 2025’’ and inserting ‘‘fiscal years 2018 through 2026’’.
19
Subtitle E—Miscellaneous
Authorities and Limitations
20
SEC. 1041. MODIFICATION OF AUTHORITY TO PROVIDE AS-
21
SISTANCE IN SUPPORT OF DEPARTMENT OF
22
DEFENSE ACCOUNTING FOR MISSING UNITED
23
STATES GOVERNMENT PERSONNEL.
24
Section 408 of title 10, United States Code, is
18
25 amended—
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1
(1) in subsection (a), by inserting ‘‘and procure
2
goods and services from’’ after ‘‘assistance to’’; and
3
4
(2)
in
subsection
(d)(1),
by
striking
‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’.
5
SEC. 1042. SENIOR LEADERS OF THE DEPARTMENT OF DE-
6
FENSE AND OTHER SPECIFIED PERSONS: AU-
7
THORITY TO PROVIDE PROTECTION.
8
Section 714 of title 10, United States Code, is
9 amended—
10
11
(1) by redesignating subsections (c) through (e)
as subsections (h) through (j), respectively;
12
13
(2) by redesignating subsection (b) as subsection (c);
14
(3) by inserting after subsection (a) the fol-
15
lowing new subsection:
16
‘‘(b) PROTECTION FOR FORMER OR RETIRED DE-
17
PARTMENT
LEADERSHIP.—The Secretary of Defense,
18 under regulations prescribed by the Secretary and in ac19 cordance with guidelines approved by the Secretary and
20 the Attorney General, may authorize qualified members of
21 the armed forces and qualified civilian employees of the
22 Department of Defense to provide physical protection and
23 personal security to a former or retired official who—
24
25
‘‘(1) previously served in a position identified in
paragraphs (1) through (7); and
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1
‘‘(2) faces serious and credible threats arising
2
from duties performed while employed by the De-
3
partment of Defense.’’;
4
5
(4) in subsection (c), as redesignated by paragraph (2)—
6
(A) in paragraph (1), by striking ‘‘para-
7
graphs (1) through (7) of subsection (a)’’ and
8
inserting ‘‘subsection (a) or (b)’’; and
9
(B) by striking paragraphs (4) through (6)
10
and redesignating paragraph (7) as paragraph
11
(4); and
12
(5) by inserting after subsection (c), as redesig-
13
nated by paragraph (2), the following new sub-
14
sections:
15
‘‘(d) REQUIREMENT
16
TION.—A
FOR
WRITTEN DETERMINA-
determination of the Secretary of Defense
17 whether to provide physical protection and personal secu18 rity under subsection (b) or (c), or reimbursement under
19 subsection (h), shall be in writing, shall be based on a
20 threat assessment by an appropriate law enforcement, se21 curity, or intelligence organization, and shall include the
22 name and title of the officer, employee, or other individual
23 affected, the reason for such determination, the duration
24 of any authorized protection and security for such officer,
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1 employee, or individual, and the nature of any arrange2 ments for such protection and security.
3
‘‘(e) DURATION OF PROTECTION.—The Secretary of
4 Defense shall require periodic reviews, not less than once
5 every six months, of the duration of protection provided
6 to individuals under subsection (b) or (c).
7
‘‘(f) SUBMISSIONS TO CONGRESS.—
8
‘‘(1) IN GENERAL.— Except as provided in
9
paragraph (4), the Secretary of Defense shall submit
10
to the congressional defense committee determina-
11
tions made pursuant to this section as follows:
12
‘‘(A) An initial determination made under
13
subsection (d), not later than 15 days after the
14
date on which the determination is made, in-
15
cluding the justification for such determination
16
and a current threat assessment by an appro-
17
priate law enforcement, security, or intelligence
18
organization.
19
‘‘(B) A determination to deny the renewal
20
of physical protection and security under sub-
21
section (b) or (c), or reimbursement under sub-
22
section (j), not later than 15 days after the date
23
on which the determination is made, includ-
24
ing—
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1
2
‘‘(i) the justification for such determination;
3
‘‘(ii) a current threat assessment by
4
an appropriate law enforcement, security,
5
or intelligence organization; and
6
‘‘(iii) a certification that threats to
7
the individual arising from duties per-
8
formed while employed by the Department
9
of Defense can be sufficiently mitigated
10
without physical protection and security or
11
reimbursement.
12
‘‘(C) A determination to terminate physical
13
protection and security under subsection (b) or
14
(c), or reimbursement under subsection (j), dur-
15
ing a previously authorized period of protection,
16
not later than 48 hours after the date on which
17
the determination is made, including—
18
19
‘‘(i) the justification for such determination;
20
‘‘(ii) a current threat assessment by
21
an appropriate law enforcement, security,
22
or intelligence organization; and
23
‘‘(iii) a certification that threats to
24
the individual arising from duties per-
25
formed while employed by the Department
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1
of Defense can be sufficiently mitigated
2
without protection and security or reim-
3
bursement.
4
‘‘(D) A determination to deny a request
5
for reimbursement of an individual described in
6
subsection (b), not later than 15 days after the
7
date on which the determination is made, in-
8
cluding—
9
‘‘(i) the justification for such deter-
10
mination;
11
‘‘(ii) a current threat assessment by
12
an appropriate law enforcement, security,
13
or intelligence organization; and
14
‘‘(iii) a certification that threats to
15
the individual arising from duties per-
16
formed while employed by the Department
17
of Defense can be sufficiently mitigated
18
without reimbursement.
19
‘‘(2) FORM OF REPORT.—A report submitted
20
under paragraph (1) may be made in classified form.
21
‘‘(3) REGULATIONS
AND
GUIDELINES.—The
22
Secretary of Defense shall submit to the congres-
23
sional defense committees the regulations and guide-
24
lines prescribed pursuant to subsections (b) and
25
(c)(1), and a description of any changes to such
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1
guidelines, not less than 20 days before the date on
2
which such regulations take effect.
3
‘‘(4) EXCEPTIONS.—Paragraph (1) does not
4
apply to determinations made with respect to the fol-
5
lowing individuals:
6
‘‘(A) An individual described in subsection
7
(c)(2)(C) who is otherwise sponsored by the
8
Secretary of Defense, the Deputy Secretary of
9
Defense, the Chairman of the Joint Chiefs of
10
Staff, or the Vice Chairman of the Joint Chiefs
11
of Staff.
12
‘‘(B) An individual described in subsection
13
(c)(2)(E).
14
‘‘(g) NOTIFICATION TO CERTAIN PROTECTED PER-
15
SONNEL.—The Secretary of Defense shall provide written
16 notification to any individual receiving physical protection
17 and personal security under subsection (a) or (b), or reim18 bursement under subsection (j), at least 90 days prior to
19 terminating or denying the renewal of protection and secu20 rity protection or reimbursement, as the case may be, for
21 such individual.’’.
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1
SEC. 1043. MODIFICATION OF REQUIREMENTS RELATING
2
TO SUPPORT OF CIVIL AUTHORITIES BY
3
ARMED FORCES.
4
(a) IN GENERAL.—Section 723 of title 10, United
5 States Code, is amended—
6
(1) in subsection (a), in the subsection heading,
7
by striking ‘‘REQUIREMENT’’ and inserting ‘‘RE-
8
SPONSE TO CIVIL DISTURBANCES’’;
9
10
(2) by redesignating subsection (b) as subsection (c);
11
(3) by inserting after subsection (a) the fol-
12
lowing new subsection (b):
13
‘‘(b) SUPPORT TO CIVILIAN LAW ENFORCEMENT
14 AGENCIES BY MEMBERS OF THE ARMED FORCES.—
15 Whenever a member of the armed forces (including the
16 National Guard) provides support to civilian law enforce17 ment agencies, each such member providing such support
18 shall visibly display the name of the armed force in which
19 such member operates.’’; and
20
21
(4) in subsection (c), as redesignated by paragraph (2)—
22
(A) by striking ‘‘requirement under sub-
23
section (a)’’ and inserting ‘‘requirements under
24
subsections (a) and (b)’’; and
25
26
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1
(b) CONFORMING AND CLERICAL AMENDMENTS.—
2
(1) CONFORMING AMENDMENT.—The heading
3
for section 723 of title 10, United States Code, is
4
amended by striking ‘‘Federal authorities in
5
response to civil disturbances’’ and inserting
6
‘‘civil authorities’’.
7
(2) CLERICAL AMENDMENT.—The table of sec-
8
tions at the beginning of chapter 41 of title 10,
9
United States Code, is amended by striking the item
10
relating to section 723 and inserting the following
11
new item:
‘‘723. Support of civil authorities: requirement for use of members of the Armed
Forces and Federal law enforcement personnel.’’.
12
SEC. 1044. AUTHORITY OF SECRETARY OF DEFENSE TO
13
ENTER INTO CONTRACTS TO PROVIDE CER-
14
TAIN ASSISTANCE TO SECURE THE SOUTH-
15
ERN LAND BORDER OF THE UNITED STATES.
16
Section 1059(a) of the National Defense Authoriza-
17 tion Act for Fiscal Year 2016 (10 U.S.C. 284 note; Public
18 Law 114–92) is amended—
19
(1) in paragraph (1)(A), by striking ‘‘United
20
States Customs and Border Protection’’ and insert-
21
ing ‘‘U.S. Customs and Border Protection’’;
22
23
(2) by redesignating paragraph (2) as paragraph (3); and
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1
2
(3) by inserting after paragraph (1) the following new paragraph:
3
‘‘(2) CONTRACT AUTHORITY.—In providing as-
4
sistance to U.S. Customs and Border Protection
5
under paragraph (1), the Secretary may enter into
6
a contract for the provision of any of the following
7
services:
8
‘‘(A) Detection and monitoring.
9
‘‘(B) Warehousing and logistical supply
10
chain.
11
‘‘(C) Transportation.
12
‘‘(D) Vehicle maintenance.
13
‘‘(E) Training other than lead or primary
14
instructor.
15
‘‘(F) Intelligence analysis.
16
‘‘(G) Linguist.
17
‘‘(H) Data entry.
18
‘‘(I) Aviation.’’.
19
SEC. 1045. LIMITATION ON USE OF FUNDS TO RELOCATE
20
OR OTHERWISE REMOVE THE MARITIME IN-
21
DUSTRIAL BASE PROGRAM.
22
None of the funds authorized to be appropriated or
23 otherwise made available by this Act may be used to relo24 cate the Maritime Industrial Base Program to the Naval
25 Sea Systems Command or otherwise remove the Maritime
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1 Industrial Base Program from under the jurisdiction of
2 the Assistant Secretary of the Navy for Research, Devel3 opment, and Acquisition.
4
SEC. 1046. LIMITATION ON RETIREMENT OF GRAY EAGLE
5
UNMANNED AIRCRAFT SYSTEMS.
6
(a) PROHIBITION.—Except as provided in subsection
7 (b), the Secretary of the Army may not retire, divest, or
8 otherwise take any action that would—
9
(1) reduce the number, configuration, or capa-
10
bility of any MQ–1C Gray Eagle Extended Range
11
unmanned aircraft system that is in the Army inven-
12
tory as of the date of the enactment of this Act; or
13
(2) prevent the Army from maintaining such
14
systems in the current or improved configurations
15
and capabilities of such systems.
16
(b) EXCEPTION.—The prohibition under subsection
17 (a) shall not apply if the Chairman of the Joint Require18 ments Oversight Council submits to the appropriate con19 gressional committees a written certification that—
20
(1) a capability of equal or greater effectiveness
21
is being fielded, or will be fielded and operational
22
prior to, or concurrently with, the retirement of any
23
MQ–1C Gray Eagle unmanned aircraft system; or
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1
(2) such retirement will not result in a reduc-
2
tion in the overall capacity available to the com-
3
manders of the combatant commands.
4
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
5
FINED.—In this section, the term ‘‘appropriate congres-
6 sional committees’’ means—
7
(1) the congressional defense committees; and
8
(2) the congressional intelligence committees
9
(as defined in section 3 of the National Security Act
10
of 1947 (50 U.S.C. 3003)).
11
SEC. 1047. AUTHORITY TO TRANSFER T–37 AIRCRAFT TO
12
13
ARIZONA AVIATION HISTORICAL GROUP.
(a) TRANSFER OF AUTHORITY T–37.—The Secretary
14 of the Air Force may convey, without consideration, to the
15 Arizona Aviation Historical Group, Phoenix, Arizona (in
16 this section referred to as the ‘‘foundation’’), all right,
17 title, and interest of the United States in and to five re18 tired T–37B Trainer Aircraft. A conveyance under this
19 section shall be made by means of a conditional deed of
20 gift.
21
(b) CONDITIONS OF TRANSFER.—A conveyance au-
22 thorized under subsection (a) shall be subject to the fol23 lowing conditions:
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1
(1) Prior to conveyance, all military specific or
2
unique equipment, as determined by the Secretary,
3
on the aircraft shall be removed.
4
(2) The Secretary is not required to—
5
(A) repair or alter the condition of the air-
6
craft before conveying ownership; or
7
(B) guarantee or ensure the airworthiness
8
of any conveyed aircraft.
9
(3) The Secretary shall determine which air-
10
craft to convey.
11
(c) CONDITION OF PROPERTY.—Any aircraft con-
12 veyed under this section shall be conveyed in ‘‘as is’’ condi13 tion. The Secretary shall make no representation or war14 ranty concerning the condition, fitness for any particular
15 purpose, or compliance with any laws or regulations of
16 such aircraft.
17
(d) REVERTER UPON BREACH OF CONDITIONS.—
18 The Secretary shall include in an instrument of convey19 ance for an aircraft conveyed under this section—
20
(1) a condition that the foundation does not
21
convey any ownership interest in, or transfer posses-
22
sion of, the aircraft to another party without the
23
prior approval of the Secretary;
24
(2) a condition that the foundation operate and
25
maintain the aircraft in compliance with all applica-
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1
ble limitations and maintenance requirements im-
2
posed by the Administrator of the Federal Aviation
3
Administration; and
4
(3) a condition that if the Secretary determines
5
at any time that the foundation has violated a condi-
6
tion under paragraph (1) or (2), all right, title, and
7
interest in and to the aircraft, including any repair
8
or alteration of the aircraft, shall revert to the
9
United States, and the United States shall have the
10
right of immediate possession of the aircraft.
11
(e) CONVEYANCE AT NO COST TO THE UNITED
12 STATES.—Any conveyance of an aircraft authorized by
13 this section shall be made at no cost to the United States.
14 Any costs associated with such a conveyance, including the
15 costs of inspection or removal of equipment prior to con16 veyance, the cost of determining compliance with the re17 quirements of this section and any instrument of convey18 ance made pursuant to this section, and the costs of the
19 operation, sustainment, transportation, ground support
20 equipment, and disposal of any aircraft conveyed under
21 this section shall be borne by the foundation.
22
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
23 retary may require such additional terms and conditions
24 in connection with a conveyance made under this section
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1 as the Secretary considers appropriate to protect the inter2 ests of the United States.
3
(g) CLARIFICATION OF LIABILITY.—Notwithstanding
4 any other provision of law, upon the conveyance of owner5 ship of the T–37B Trainers to the foundation under sub6 section (a), the United States shall not be liable for any
7 death, injury, loss, or damage that results from any use
8 of that aircraft by any person other than the United
9 States.
10
SEC. 1048. AUTHORIZATION OF EASTERN REGIONAL RANGE
11
COMPLEX FOR MULTI-DOMAIN OPERATIONS
12
AND
13
TRAINING,
14
TATION.
15
ROBOTIC
AUTONOMOUS
TESTING,
AND
SYSTEMS
EXPERIMEN-
(a) AUTHORIZATION.—The Secretary of Defense, act-
16 ing through the Secretaries of the military departments,
17 may designate and develop an Eastern Regional Range
18 Complex to serve as a joint training, testing, and experi19 mentation hub for multi-domain operations and robotic
20 autonomous systems, including unmanned aircraft sys21 tems and counter-unmanned aircraft systems capabilities,
22 to address growing threats from potential adversaries.
23
(b) LOCATION.—If the Secretary designates and de-
24 velops the Eastern Regional Range Complex under sub25 section (a), such complex shall encompass the territories
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810
1 of the States of Maine, Vermont, New Hampshire, Con2 necticut, Rhode Island, Massachusetts, New York, New
3 Jersey, Delaware, Maryland, Pennsylvania, West Virginia,
4 Virginia, North Carolina, South Carolina, Georgia, Flor5 ida, Louisiana, Kentucky, Tennessee, Arkansas, Mis6 sissippi, Indiana, and Alabama.
7
(c) ACTIVITIES.—If the Secretary designates and de-
8 velops the Eastern Regional Range Complex under sub9 section (a), such complex shall be used—
10
(1) to conduct joint, multi-domain, non-kinetic
11
electromagnetic warfare, cyber and information oper-
12
ations training within live, virtual, and constructive
13
environments, leveraging common networks with ac-
14
cess to available spectrum;
15
(2) support integrated multi-domain operations
16
training involving air, land, sea, cyber, and space
17
components;
18
(3) conduct joint service and interagency
19
robotic autonomous system training, experimentation
20
and testing, including the development of tactics,
21
techniques and procedures for unmanned aircraft
22
systems and counter-unmanned aircraft systems;
23
(4) evaluate emerging technologies and proto-
24
types and tactics, techniques and procedures for the
25
operation, detection, defeat, and attribution of
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1
robotic autonomous systems in contested cyber and
2
electromagnetic spectrum environments; and
3
(5) facilitate the integration of mature proto-
4
type experimentation and live-fire exercises for rapid
5
fielding of capabilities aligned with the Joint
6
Warfighting Concept.
7
(d) COORDINATION AND INTEGRATION.—If the Sec-
8 retary of Defense designates and develops the Eastern Re9 gional Range Complex under subsection (a), the Secretary
10 shall ensure that activities conducted at such complex are
11 coordinated with—
12
13
(1) the Joint Counter-small Unmanned Aircraft
Systems Office.
14
(2) the Joint Staff (J–7);
15
(3) the Office of the Under Secretary of De-
16
fense for Research and Engineering; and
17
(4) other entities with functions or missions rel-
18
evant to the activities carried out at the Complex,
19
which may include—
20
21
(A) relevant combatant commands and
service components:
22
(B) allies and partners of the United
23
States participating in multi-domain operations;
24
(C) the Defense Innovation Unit;
25
(D) State National Guard commands;
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1
(E) the Office of Naval Research; and
2
(F) such other key stakeholders as the
3
4
Secretary determines appropriate.
(e) CONSULTATION AUTHORITY.—The Secretary of
5 Defense may consult with the Federal Communications
6 Commission and the National Telecommunications and
7 Information Administration to recommend spectrum ac8 cess requirements in support of joint and service training,
9 testing, and experimentation within the Eastern Regional
10 Range Complex, if such complex is designated and devel11 oped under subsection (a), and the Western Regional
12 Range Complex, including access to appropriate live envi13 ronments capable of supporting electromagnetic attack
14 training, experimentation, and testing.
15
SEC. 1049. LIMITATION ON USE OF FUNDS FOR DEACTIVA-
16
TION OF EXPEDITIONARY COMBAT AVIATION
17
BRIGADES.
18
None of the funds authorized to be appropriated by
19 this Act or otherwise made available for fiscal year 2026
20 for the Army may be obligated or expended to retire, de21 activate, schedule to deactivate, or proceed with any action
22 that would reduce the capabilities, resources, aircraft, or
23 personnel available, as of the date of the enactment of this
24 Act, for the Expeditionary Combat Aviation Brigades be25 fore the earlier of the following dates:
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1
(1) The date that is 90 days after the date on
2
which the Secretary of the Army submits to the con-
3
gressional defense committees a plan to offset any
4
loss
5
aeromedical
6
logistical support provided, as of the date of the en-
7
actment of this Act, by the Expeditionary Combat
8
Aviation Brigades that includes the plan of the
9
Army to provide opportunities for continued military
10
service to all qualified members of the Armed Forces
11
who are displaced by reason of the retirement or de-
12
activation of, or other action taken with respect to,
13
such brigades.
of
mission
associated
evacuation,
with
air
mobility,
reconnaissance,
and
14
(2) The date that is 30 days after the date on
15
which the Secretary of the Army submits to the con-
16
gressional defense committees a plan for the recapi-
17
talization of the aircraft used by the Expeditionary
18
Combat Aviation Brigades that is specific with re-
19
spect to each unit and geographical location of such
20
brigades.
21
SEC. 1050. PROHIBITION ON USE OF LIVE ANIMALS IN DE-
22
PARTMENT OF DEFENSE LIVE FIRE TRAUMA
23
TRAINING.
24
Beginning on the date of the enactment of this Act,
25 the Secretary of Defense shall—
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1
(1) ensure that live animals, including dogs,
2
cats, nonhuman primates, and marine mammals, are
3
not used in any live fire trauma training conducted
4
by the Department of Defense; and
5
(2) in conducting such training, replace such
6
live animals, to the extent determined necessary by
7
the Secretary, with advanced simulators, man-
8
nequins, cadavers, or actors.
9
SEC. 1051. PROHIBITION ON DESTRUCTION OR SCRAPPING
10
OF WORLD WAR II–ERA AIRCRAFT.
11
(a) PROHIBITION.—The Secretary of Defense may
12 not destroy, dismantle, scrap, cannibalize, or otherwise
13 render permanently inoperable any aircraft that—
14
15
(1) was manufactured prior to December 31,
1945; and
16
(2) is in the custody or administrative control
17
of the Department of the Air Force as of the date
18
of the enactment of this Act.
19
(b) AUTHORIZED DISPOSITIONS.—Aircraft described
20 in subsection (a) may only be—
21
22
(1) retained in the inventory of the Department
of the Air Force;
23
(2) transferred to an eligible entity; or
24
(3) deaccessioned under a plan approved by the
25
Secretary of Defense that supports the long-term
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815
1
preservation of such aircraft, consistent with guide-
2
lines described in the report of the Committee on
3
Armed Services of the Senate accompanying S. 2296
4
of the 119th Congress (S. Rept. 119–39).
5
(c) WAIVER AUTHORITY.—The Secretary of Defense
6 may waive the prohibition under subsection (a) on a case7 by-case basis only if—
8
(1) the aircraft is determined by qualified per-
9
sonnel of the Air Force or another eligible entity to
10
be beyond practical restoration or preservation;
11
(2) no eligible entity expresses interest in ac-
12
cepting the aircraft within the one-year period fol-
13
lowing the publication of public notice of the avail-
14
ability of the aircraft for transfer;
15
(3) the Secretary submits to the congressional
16
defense committees written notification and justifica-
17
tion of the waiver; and
18
(4) a period of 30 days has elapsed following
19
the date of such submission.
20
(d) DEFINITIONS.—In this section:
21
22
(1) The term ‘‘aircraft’’ includes fixed-wing and
rotary-wing manned aircraft.
23
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816
1
(A) the National Museum of the United
2
States Air Force or another official Department
3
of Defense museum; or
4
(B) a Federal department or agency, non-
5
profit institution, or museum, with dem-
6
onstrated indoor preservation and public display
7
capabilities.
8
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR
9
TRAVEL EXPENSES OF THE OFFICE OF THE
10
SECRETARY OF DEFENSE.
11
Of the funds authorized to be appropriated by this
12 Act or otherwise made available for fiscal year 2026 for
13 operation and maintenance, defense-wide, and available
14 for the Office of the Secretary of Defense for travel ex15 penses, not more than 75 percent may be obligated or ex16 pended until the Secretary of Defense—
17
(1) submits to the congressional defense com-
18
mittees any overdue quarterly reports regarding exe-
19
cute orders of the Department of Defense required
20
by section 1744 of the National Defense Authoriza-
21
tion Act for Fiscal Year 2020 (Public Law 116–92;
22
10 U.S.C. 113 note);
23
(2) submits to the congressional defense com-
24
mittees a certification that the Department of De-
25
fense is compliant with the requirements of section
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817
1
1067 of the National Defense Authorization Act for
2
Fiscal Year 2025 (Public Law 118–159; 138 Stat.
3
2066), including—
4
(A) a written statement that a copy of
5
each execute order required to be submitted to
6
the congressional defense committees under
7
subsection (c) of such section has been so sub-
8
mitted; and
9
(B) a description of the mechanism estab-
10
lished to facilitate the provision to the congres-
11
sional defense committees of all future briefings
12
required under subsection (a) of such section,
13
and the compliance with the disclosure and no-
14
tice requirements under subsection (c) of such
15
section, within the time frames required by such
16
section;
17
(3) submits to the Committees on Armed Serv-
18
ices of the House of Representatives and the Senate
19
the report on efforts of the Department of Defense
20
to identify, disseminate, and implement throughout
21
the Department lessons learned from the war in
22
Ukraine required by the conference report accom-
23
panying the National Defense Authorization Act for
24
Fiscal Year 2025 (Public Law 118–159);
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818
1
(4) provides notice of changes to the legal and
2
policy framework report as required by section 1264
3
of the National Defense Authorization Act for Fiscal
4
Year 2018 (50 U.S.C. 1549); and
5
(5) provides to the Committees on Armed Serv-
6
ices of the House of Representatives and the Senate
7
unedited video of strikes conducted against des-
8
ignated terrorist organizations in the area of respon-
9
sibility of the United States Southern Command.
10
SEC. 1053. CONGRESSIONAL NOTIFICATION OF SUPPORT
11
FOR
12
ATIONS.
13
IMMIGRATION
ENFORCEMENT
OPER-
(a) DOD AIRCRAFT SUPPORT OF ALIEN REMOVAL
14 OPERATIONS.—Not later than seven calendar days after
15 Department of Defense aircraft are used in support of
16 alien removal operations by the Department of Homeland
17 Security, the Secretary of Defense shall provide written
18 notification to the Committee on Armed Services of the
19 Senate and the Committee on Armed Services of the
20 House of Representatives of the following:
21
22
(1) The type and variant of military aircraft
used to support the alien removal operation.
23
(2) The number of individuals not employed by
24
the Department of Defense on board the military
25
aircraft.
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1
(3) The type, variant, and number of any mili-
2
tary aircraft used to support the military aircraft
3
being used in the alien removal operation, including
4
aerial refueling aircraft.
5
(4) The estimated cost of supporting the alien
6
removal operation, including—
7
(A) the aircraft used;
8
(B) the number of flights hours required to
9
complete the round-trip mission;
10
(C) the use of any supporting aircraft, in-
11
cluding aerial refueling aircraft; and
12
(D) the number of flight hours required to
13
complete the round-trip mission of the sup-
14
porting aircraft.
15
(5) The destination country of the military air-
16
craft.
17
(6) When the destination country of the mili-
18
tary aircraft is Naval Station Guantanamo Bay,
19
Cuba, reporting on both inbound and outbound
20
flights in accordance with the requirements of para-
21
graphs (1) through (5).
22
(7) Any reassignment of Department of De-
23
fense personnel from Joint Task Force Guantanamo
24
or another Department of Defense entity to support
25
removal operations.
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1
2
(b) NOTIFICATION OF ALIENS HELD AT INSTALLATIONS OF DEPARTMENT OF DEFENSE.—
3
(1) IN GENERAL.—Not later than 30 days after
4
the date of the enactment of this Act, and not less
5
frequently every 90 days thereafter, the Secretary of
6
Defense shall submit to the Committees on Armed
7
Services of the Senate and the House of Representa-
8
tives written notice of the following:
9
(A) The estimated total number of aliens
10
held at installations of the Department of De-
11
fense, disaggregated by location, over the period
12
covered by the report.
13
(B) The total cost that could be incurred
14
by the Department of Defense of detention of
15
aliens at installations of the Department of De-
16
fense, regardless of location, during the period
17
covered by the report.
18
(2) ALIEN DEFINED.—In this section, the term
19
‘‘alien’’ has the meaning given that term in section
20
101 of the Immigration and Nationality Act (8
21
U.S.C. 1101).
22
(c) REPORTS TO CONGRESS ON DEPARTMENT OF
23 DEFENSE SUPPORT FOR IMMIGRATION ENFORCEMENT
24 OPERATIONS.—Section 1707 of the National Defense Au25 thorization Act for Fiscal Year 2020 (Public Law 116–
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1 92; 133 Stat. 1799; 10 U.S.C. 113 note) is amended by
2 adding at the end the following new subsection:
3
4
‘‘(c) REPORTS ON SUPPORT FOR IMMIGRATION ENFORCEMENT OPERATIONS.—
5
‘‘(1) IN GENERAL.—If the Department of De-
6
fense approves a Request for Assistance for support
7
for immigration enforcement operations, the Sec-
8
retary of Defense shall electronically transmit to the
9
Committees on Armed Services of the Senate and
10
the House of Representatives a report on such sup-
11
port not later than 30 calendar days after the date
12
on which the Secretary approves the Request for As-
13
sistance and every 90 calendar days thereafter.
14
‘‘(2) ELEMENTS.—Each report required by
15
paragraph (1) shall include information on the fol-
16
lowing:
17
‘‘(A) The name of any Department of De-
18
fense facility used to support immigrant en-
19
forcement operations and costs associated with
20
any modifications to such facilities to support
21
such operations.
22
‘‘(B) The number of Department of De-
23
fense personnel assigned to conduct support for
24
immigration enforcement operations, the units
25
from which such personnel were assigned, the
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1
duration of the operations, and the personnel
2
cost associated with of such operations.’’.
3
Subtitle F—Studies and Reports
4
SEC. 1061. NOTIFICATION OF WAIVERS UNDER DEPART-
5
MENT OF DEFENSE DIRECTIVE 3000.09.
6
(a) IN GENERAL.—Chapter 3 of title 10, United
7 States Code, is amended by inserting after section 130f
8 the following new section:
9 ‘‘§ 130g. Notification requirements for waivers issued
10
under Department of Defense guidance
11
related to autonomy in weapon systems
12
‘‘(a) IN GENERAL.—The Secretary of Defense shall
13 submit to the congressional defense committees written
14 notification of any waiver under Department of Defense
15 Directive 3000.09 (relating to autonomy in weapon sys16 tems), or any successor directive, by not later than 30
17 days after the date on which the waiver is issued.
18
‘‘(b) ELEMENTS.—Each notification submitted under
19 subsection (a) shall include the following:
20
‘‘(1) The rationale for the waiver.
21
‘‘(2) A description of the autonomous weapon
22
system or technology covered by the waiver.
23
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823
1
‘‘(c) FORM.—A notification under subsection (a) shall
2 be submitted in unclassified form, but may include a clas3 sified annex, as the Secretary determines necessary.’’.
4
(b) REPORTS ON APPROVAL AND DEPLOYMENT OF
5 LETHAL
AUTONOMOUS
WEAPON
SYSTEMS.—Section
6 1066(b) of the National Defense Authorization Act for
7 Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2065
8 ) is amended—
9
(1) in paragraph (2), by inserting ‘‘, or any
10
legal review,’’ after ‘‘officials’’;
11
(2) in paragraph (3), by inserting ‘‘, including
12
any legal review,’’ after ‘‘review’’; and
13
(3) in paragraph (4), by inserting ‘‘, including
14
any legal review,’’ after ‘‘review’’.
15
SEC. 1062. MODIFICATIONS TO AUTHORITY FOR TRANSFER
16
AND SALE OF CERTAIN SURPLUS FIREARMS,
17
AMMUNITION, AND PARTS.
18
(a) MODIFICATIONS TO TRANSFER AUTHORITY.—
19 Section 40728 of title 36, United States Code, is amend20 ed—
21
(1) in subsection (h), by adding at the end the
22
following:
23
‘‘(3) The Secretary may conduct a one-time transfer
24 to the corporation, in accordance with the procedure pre25 scribed in this subchapter, of pump action shotguns, in-
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1 cluding any shotguns that are surplus to the requirements
2 of the Center of Military History and the Army Museum
3 Enterprise, that—
4
5
‘‘(A) on the date of the enactment of this paragraph are under the control of the Secretary; and
6
‘‘(B) are surplus to the requirements of the De-
7
partment of the Army at the time of the submission
8
of the report required in subsection (k).
9
‘‘(4) The Secretary may not transfer pursuant to
10 paragraph (3) any shotgun that is a modular ancillary ad11 dition to a service rifle, or meets the definition of a ‘short12 barreled shotgun’ as that term is defined in section
13 921(a)(6) of title 18, United States Code.’’;
14
(2) in subsection (i), by adding at the end the
15
following:
16
‘‘(3) The Secretary of the Navy may conduct a one-
17 time transfer to the corporation, in accordance with the
18 procedure prescribed in this subchapter, of surplus pump
19 action shotguns that—
20
21
‘‘(A) on the date of the enactment of this paragraph are under the control of the Secretary; and
22
‘‘(B) are surplus to the requirements of the De-
23
partment of the Navy at the time of the submission
24
of the report required in subsection (k).
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1
‘‘(4) The Secretary may not transfer pursuant to
2 paragraph (3) any shotgun that is a modular ancillary ad3 dition to a service rifle or meets the definition of a ‘short4 barreled shotgun’ as that term is defined in section
5 921(a)(6) of title 18, United States Code.’’; and
6
7
(3) by adding at the end the following:
‘‘(j) AUTHORIZED AIR FORCE TRANSFERS.—(1) The
8 Secretary of the Air Force may conduct a one-time trans9 fer to the corporation, in accordance with the procedures
10 prescribed in this subchapter, of pump action shotguns
11 that—
12
13
‘‘(A) on the date of the enactment of this paragraph are under the control of the Secretary; and
14
‘‘(B) are surplus to the requirements of the De-
15
partment of the Air Force at the time of the submis-
16
sion of the report required in subsection (k).
17
‘‘(2) The Secretary may not transfer pursuant to
18 paragraph (1) any shotgun that is a modular ancillary ad19 dition to a service rifle or meets the definition of a ‘short20 barreled shotgun’ as that term is defined in section
21 921(a)(6) of title 18, United States Code.
22
‘‘(k) REPORT REQUIRED.—(1) The Secretary con-
23 cerned authorized to transfer shotguns under subsection
24 (h), (i), or (j) shall submit to the Committees on Armed
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1 Services of the Senate and House of Representatives a re2 port that includes the following elements:
3
‘‘(A) The total number of surplus shotguns, in-
4
cluding the make and model of each such shotgun,
5
that meet the criteria for transfer to the corporation
6
under such subsection.
7
‘‘(B) The total number of surplus shotguns, in-
8
cluding the make and mode of each such shotgun,
9
that the Secretary concerned intends to transfer to
10
the corporation under such subsection.
11
‘‘(2) In this subsection, the term ‘Secretary con-
12 cerned’ has the meaning given such term in section
13 101(a)(9) of title 10, United States Code.
14
‘‘(l) LIMITATION ON TRANSFER OF SURPLUS SHOT-
15
GUNS.—A Secretary may not transfer surplus shotguns
16 described in subsections (h), (i), or (j), until the date that
17 is 60 days after the date of the submittal of the report
18 required under subsection (k).
19
‘‘(m) BRIEFING REQUIRED.—The Secretary of the
20 Army shall provide to the Committees on Armed Services
21 of the Senate and the House of Representatives a briefing
22 on the results of the investigation by the Bureau of Alco23 hol, Tobacco, Firearms, and Explosives and the United
24 States Army Criminal Investigation Division regarding
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827
1 unaccounted for pistols at the corporation. The briefing
2 shall be provided after the investigation has concluded.’’.
3
(b) MODIFICATIONS TO SALE AUTHORITY.—Section
4 40732 of title 36, United States Code, is amended by
5 striking ‘‘, and caliber .45 M1911/M1911A1 surplus pis6 tols,’’ each place it appears and inserting ‘‘, caliber .45
7 M1911/M1911A1 surplus pistols, and surplus pump ac8 tion shotguns (except any shotgun that is a modular ancil9 lary addition to a service rifle , or meets the definition
10 of a ‘short-barreled shotgun’ as that term is defined in
11 section 921(a)(6) of title 18, United States Code),’’.
12
SEC. 1063. EXTENSION OF MOBILITY CAPABILITY REQUIRE-
13
14
MENTS STUDY.
Section 1068 of the Servicemember Quality of Life
15 Improvement and National Defense Authorization Act for
16 Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2067)
17 is amended—
18
(1) in subsection (a), by striking ‘‘one year
19
after the date of the enactment of this Act’’ and in-
20
serting ‘‘January 15, 2027’’; and
21
(2) by striking subsection (c) and inserting the
22
following:
23
‘‘(c) REPORT AND BRIEFING.—Not later than Janu-
24 ary 15, 2027, the Commander of the United States Trans25 portation Command, in coordination with the Chairman
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1 of the Joint Chiefs of Staff, the Secretaries of the military
2 departments, and the commanders of the combatant com3 mands, shall—
4
‘‘(1) submit to the congressional defense com-
5
mittees a final report on the study required under
6
subsection (a); and
7
8
9
‘‘(2) provide to such committees a briefing on
the report.’’.
SEC. 1064. EXTENSION OF BRIEFING REQUIREMENT RE-
10
GARDING
11
SOUTHWEST BORDER.
12
CIVIL
AUTHORITIES
AT
THE
Section 1070 of the James M. Inhofe National De-
13 fense Authorization Act for Fiscal Year 2023 (Public Law
14 117–263; 136 Stat. 2791), as amended by section 1063
15 of the National Defense Authorization Act for Fiscal Year
16 2025 (Public Law 118–159), is further amended by strik17 ing ‘‘through December 31, 2025’’ and inserting ‘‘through
18 December 31, 2026’’.
19
SEC. 1065. EXTENSION OF BIENNIAL ASSESSMENTS OF AIR
20
21
FORCE TEST CENTER.
Section 1067 of the National Defense Authorization
22 Act for Fiscal Year 2022 (Public Law 117–81) is amended
23 by striking ‘‘and 2026’’ and inserting ‘‘2026, 2028, and
24 2030’’.
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1
SEC. 1066. REPORTS ON INSTALLATION OF CERTAIN COLLI-
2
SION AVOIDANCE SYSTEMS IN MILITARY RO-
3
TARY-WING AIRCRAFT.
4
(a) REPORT ON FEASIBILITY OF INSTALLING TRAF-
5
FIC ALERT AND COLLISION AVOIDANCE SYSTEMS IN ALL
6 MILITARY ROTARY-WING AIRCRAFT.—
7
(1) IN GENERAL.—Not later than 180 days
8
after the date of the enactment of this Act, the Sec-
9
retary of Defense shall submit to the Committees on
10
Armed Services of the Senate and House of Rep-
11
resentatives a report on the feasibility of installing
12
a traffic alert and collision avoidance system in each
13
military rotary-wing aircraft. Such report shall in-
14
clude—
15
(A) an analysis of the cost associated with
16
installing a traffic alert and collision avoidance
17
system in each military rotary-wing aircraft;
18
(B) an analysis of the effect of installing
19
such systems in such aircraft on the safety of
20
civilian airspace;
21
(C) an identification of any changes to the
22
configuration of the cockpit of such aircraft
23
that would be necessary in order to install such
24
systems;
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1
(D) any implications the installation of
2
such systems would have for combat, training,
3
or domestic security operations; and
4
(E) if the Secretary determines that the
5
installation of such systems in such aircraft is
6
not feasible, recommendations regarding similar
7
systems or capabilities that could be installed
8
instead.
9
(2) TRAFFIC ALERT AND COLLISION AVOIDANCE
10
SYSTEM DEFINED.—In
11
‘‘traffic alert and collision avoidance system’’ means
12
a collision avoidance system in compliance with sec-
13
tion 121.356 of title 14, Code of Federal Regula-
14
tions, or any successor regulation.
15
(b) REPORT ON FEASIBILITY OF INSTALLING AUTO-
16
MATIC DEPENDENT SURVEILLANCE–BROADCAST IN CAPA-
17
BILITIES IN ALL MILITARY ROTARY-WING AIRCRAFT.—
this subsection, the term
18 Not later than 180 days after the date of the enactment
19 of this Act, the Secretary of Defense shall submit to the
20 Committees on Armed Services of the Senate and House
21 of Representatives a report on the feasibility of installing
22 automatic dependent surveillance–broadcast IN capability
23 in each military rotary-wing aircraft. Such report shall in24 clude—
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1
(1) an analysis of the cost associated with in-
2
stalling automatic dependent surveillance–broadcast
3
IN capability in each military rotary-wing aircraft;
4
(2) an analysis of the effect of installing such
5
capabilities in such aircraft on the safety of civilian
6
airspace;
7
(3) an identification of any changes to the con-
8
figuration of the cockpit of such aircraft that would
9
be necessary in order to install such capabilities;
10
(4) any implications the installation of such ca-
11
pabilities would have for combat, training, or domes-
12
tic security operations; and
13
(5) if the Secretary determines that the instal-
14
lation of such capabilities in such aircraft is not fea-
15
sible, recommendations regarding similar systems or
16
capabilities that could be installed instead.
17
SEC. 1067. CYBERSECURITY AND RESILIENCE ANNEX IN
18
STRATEGIC RAIL CORRIDOR NETWORK AS-
19
SESSMENTS.
20
(a) IN GENERAL.—The Secretary of Defense, in co-
21 ordination with the Secretary of Transportation and the
22 Secretary of Homeland Security, shall ensure that each
23 periodic assessment of the Strategic Rail Corridor Net24 work carried out after the date of the enactment of this
25 Act includes an annex containing an evaluation of the cy-
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1 bersecurity and the resilience of the physical infrastruc2 ture of the Strategic Rail Corridor. Each such annex shall
3 include—
4
(1) a description of potential cyber threats and
5
vulnerabilities affecting the Strategic Rail Corridor
6
Network operations;
7
(2) an assessment of the resilience of the Stra-
8
tegic Rail Corridor Network against cyberattacks
9
and other disruptive actions by an adversary of the
10
United States;
11
(3) recommended actions to be taken by Con-
12
gress and Federal agencies to improve the cyberse-
13
curity defenses and the resilience of the physical in-
14
frastructure of the Strategic Rail Corridor Network;
15
and
16
(4) a description of the timelines and resource
17
requirements to implement the recommendations
18
under paragraph (3).
19
(b) STRATEGIC RAIL CORRIDOR NETWORK DE-
20
FINED.—In this section, the term ‘‘Strategic Rail Corridor
21 Network’’ means the interconnected network of rail cor22 ridors important to national defense and military mobility,
23 as defined by the Department of Defense and the Federal
24 Railroad Administration.
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1
SEC. 1068. GAO REVIEW AND REPORT ON BIOLOGICAL
2
WEAPONS EXPERIMENTS ON AND IN RELA-
3
TION TO TICKS, TICK-BORNE DISEASE.
4
(a) REVIEW.—The Comptroller General of the United
5 States shall, to the extent practicable, conduct a review
6 of research conducted during the period beginning on Jan7 uary 1, 1945, and ending on December 31, 1972, by the
8 Department of Defense, including by the Department of
9 Defense in consultation with the National Institutes of
10 Health, the Department of Agriculture, or any other Fed11 eral department or agency on—
12
(1) the use of ticks as hosts or delivery mecha-
13
nisms for biological warfare agents, including experi-
14
ments involving Spirochaetales or Rickettsiales; and
15
(2) any efforts to improve the effectiveness and
16
viability of Spirochaetales or Rickettsiales as biologi-
17
cal weapons through combination with other diseases
18
or viruses.
19
(b) LOCATION OF RESEARCH.—In conducting the re-
20 view under subsection (a), the Comptroller General shall
21 review research conducted at facilities located inside the
22 United States and, if feasible, facilities located outside the
23 United States, including laboratories and field work loca24 tions.
25
(c) INFORMATION TO BE REVIEWED.—
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1
(1) CLASSIFIED INFORMATION.—In conducting
2
the review under subsection (a), the Comptroller
3
General shall review any relevant classified informa-
4
tion.
5
(2) MATTERS FOR REVIEW.—In conducting the
6
review under subsection (a), the Comptroller General
7
shall review, among other sources, the following:
8
(A) Technical Reports related to The Sum-
9
mary of Major Events and Problems, US Army
10
Chemical Corps, FY 1951 – FY1969.
11
(B) Site Holding: CB DT DW 48158
12
Title: Virus and Rickettsia Waste Disposal
13
Study. Technical Report No. 103, January
14
1969. Corp Author Name: FORT DETRICK
15
FREDERICK MD Report Number: SMUFD-
16
TR-103 Publish Date: 19690101.
17
(C) Site Holding: CB DT DW 60538 Title:
18
A Plaque Assay System for Several Species of
19
Rickettsia.
20
DETRICK FREDERICK MD Report Number:
21
SMUFD-TM-538 Publish Date: 19690601.
Corp
Author
Name:
FORT
22
(D) Site Holding: CB DW 531493 Title:
23
Progress Report for Ecology and Epidemiology
24
and Biological Field Test Technology, Third
25
Quarter FY 1967. Corp Author Name: ARMY
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1
DUGWAY PROVING GROUND UT Publish
2
Date: 19670508.
3
(E) Any relevant scientific research on the
4
5
history of Lyme disease in the United States.
(d) REPORT.—
6
(1) IN GENERAL.—Not later than two years
7
after the date of the enactment of this Act, the
8
Comptroller General shall submit to the Committees
9
on Armed Services of the House of Representatives
10
or the Senate a report that includes the following:
11
(A) A list of the research projects reviewed
12
under subsection (a) and an assessment of the
13
scope of such research.
14
(B) A finding by the Comptroller General
15
as to whether such review could lead to a deter-
16
mination that any ticks used in such research
17
were released outside of any facility (including
18
any ticks that were released unintentionally).
19
(C) A finding by the Comptroller General
20
as to whether such review could lead to a deter-
21
mination that any records related to such re-
22
search were destroyed, and whether such de-
23
struction was intentional or unintentional.
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1
(2) FORM OF REPORT.—The report required
2
under paragraph (1) shall be submitted in unclassi-
3
fied form, but may contain a classified annex.
4
SEC. 1069. BRIEFINGS ON EXPENDITURES OR PLANNED EX-
5
PENDITURES OF FUNDS ALLOCATED FOR EX-
6
PLORATION AND DEVELOPMENT OF EXIST-
7
ING ARCTIC INFRASTRUCTURE.
8
(a) BRIEFINGS.—Not later than 90 days after the
9 date of the enactment of this Act and on a quarterly basis
10 thereafter for a one-year period, and on a biannual basis
11 thereafter until the date of termination described in sub12 section (b), the Secretary of Defense, in consultation with
13 the Commander of the United States Indo-Pacific Com14 mand and the Commander of the United States Northern
15 Command, shall provide to the congressional defense com16 mittees a briefing on the expenditures or planned expendi17 tures of funds allocated pursuant to section 20009(12) of
18 the Act titled ‘‘An Act to provide for reconciliation pursu19 ant to title II of H. Con. Res. 14’’, approved July 4, 2025
20 (Public Law 119–21), for the exploration and development
21 of existing Arctic infrastructure. Each such briefing shall
22 include—
23
24
(1) an identification of the amount of such
funds expended to date;
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1
2
(2) a timeline for the future use of such funds;
and
3
(3) an assessment of the feasibility of any via-
4
ble infrastructure options in the Arctic region.
5
(b) SUNSET.—The date of termination described in
6 this subsection is the date that is five years after the date
7 of the enactment of this Act.
8
SEC. 1070. SEMIANNUAL REPORT ON DEPARTMENT OF DE-
9
FENSE
10
LAND BORDER.
11
OPERATIONS
AT
THE
SOUTHERN
(a) REPORT.—
12
(1) IN GENERAL.—Not later than 180 days
13
after the date of the enactment of this Act, the Sec-
14
retary of Defense shall submit to the Committee on
15
Armed Services of the Senate and the Committee on
16
Armed Services of the House of Representatives a
17
report on operations at the southern land border of
18
the United States.
19
(2) ELEMENTS.—The report required under
20
paragraph (1) shall include a detailed description
21
of—
22
(A) the efforts of the Department of De-
23
fense to support civil law enforcement agencies
24
with respect to—
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1
(i) combating transnational organized
2
crime in the United States Northern Com-
3
mand and the United States Southern
4
Command areas of responsibility;
5
(ii) reducing the cross-border flow of
6
illicit synthetic drugs, including fentanyl,
7
fentanyl analogs, and fentanyl precursors;
8
and
9
(iii) reducing the cross-border illicit
10
trade of firearms and human trafficking;
11
(B) the steady-state plan and posture of
12
the Department of Defense on the southern
13
land border;
14
(C) the assessment of the Department of
15
Defense of the operational and readiness impact
16
under the Department’s steady-state plan and
17
posture on the southern land border, and any
18
revisions of such plan and posture;
19
(D) each military installation and each De-
20
partment of Defense facility on or off the in-
21
stallation that is being used to support—
22
(i) the operations of the Department
23
of Defense along the southern land border;
24
or
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1
(ii) the Department of Homeland Se-
2
curity or any of its components;
3
(E) the funding sources for the current op-
4
erations of the Department of Defense along
5
the southern land border;
6
(F) the use-of-force policy and training of
7
the Department of Defense related to oper-
8
ations along the southern land border; and
9
(G) any challenges the Department of De-
10
fense has faced in the execution of the efforts
11
described in subparagraphs (A) and (F).
12
(b) SEMIANNUAL UPDATES.—Not later than 180
13 days after the date on which the Secretary submits the
14 report required under subsection (a), and not less fre15 quently than once every 180 days thereafter until the ter16 mination of the national emergency declared by Proclama17 tion 100886 (90 Fed. Reg. 8327; relating to a Declaration
18 of a National Emergency at the Southern Border of the
19 United States), Executive Order 14165 (90 Fed. Reg.
20 8467; relating to Security Our Borders), and Executive
21 Order 14167 (90 Fed. Reg. 8613; relating to Clarifying
22 the Military’s Role in Protecting the Territorial Integrity
23 of the United States), the Commander of the United
24 States Northern Command shall submit to the congres25 sional defense committees a report containing updates to
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840
1 the information included in the report required under sub2 section (a).
3
SEC. 1071. ASSESSMENT ON POTENTIAL ESTABLISHMENT
4
OF INCUBATOR PROGRAMS FOR SECURE FA-
5
CILITIES AND NETWORKS AT UNIVERSITIES.
6
(a) ASSESSMENT.—The Secretary of Defense shall
7 conduct an assessment on the feasibility, advisability, and
8 potential benefits to the Department of Defense of estab9 lishing incubator programs for the development, operation,
10 and sustainment of secure facilities and networks at the
11 campuses of select institutions of higher education across
12 the United States for the following purposes:
13
(1) Accelerating the development and transition
14
of innovative technologies to meet national security
15
needs.
16
(2) Increasing the availability of secure facilities
17
and networks for the conduct of classified work at
18
such campuses.
19
(3) Fostering collaboration between academic
20
researchers, private sector entities, and Department
21
of Defense personnel.
22
(4) Expanding the pool of technical talent hold-
23
ing security clearances and available to support De-
24
partment of Defense organizations and personnel in
25
critical defense technology areas.
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1
(5) Developing regional innovation hubs that
2
strengthen the national security innovation base.
3
(b) CONSIDERATIONS.—In conducting the assess-
4 ment under subsection (a), the Secretary shall consider—
5
(1) diverse use cases for the secure facilities
6
and networks under the programs referred to in
7
such subsection, including the use of such facilities
8
and networks for the conduct of secure meetings and
9
classified research and development activities with
10
respect to innovative technologies; and
11
(2) the potential for establishing cost-sharing
12
agreements with institutions of higher education,
13
other Federal departments and agencies, State,
14
local, and Tribal governments, and private sector
15
partners
16
sustainment of secure facilities and networks under
17
such programs.
18
(c) ELEMENTS.—The assessment under subsection
for
the
development,
operation,
and
19 (a) shall include the following elements:
20
(1) An identification by the Secretary of objec-
21
tive characteristics and other criteria for the selec-
22
tion of institutions of higher education to participate
23
in a program referred to in such subsection (a),
24
which shall include, at a minimum, the following:
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1
(A) The absence of a fully functional se-
2
cure facility and network on the campus of the
3
institution at the time of such selection.
4
(B) The commitment of the institution to
5
national security, as demonstrated through the
6
offering of relevant research and development
7
activities and workforce development opportuni-
8
ties.
9
(C) The presence of an existing relation-
10
ship between the institution and the Depart-
11
ment of Defense, defense industry partners,
12
other Federal departments and agencies, and
13
State, local, and Tribal governments, including
14
opportunities for cost-sharing or other State
15
economic development incentives under the pro-
16
gram if selected.
17
(D) The technical capabilities of the insti-
18
tution relevant to defense innovation priorities,
19
including the presence of key infrastructure or
20
instrumentation that may be used for the con-
21
duct of classified programs.
22
(E) The capacity of the institution to sup-
23
port the administrative and security require-
24
ments of operating a secure facility and net-
25
work, including to support co-use agreements
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1
with other partners requiring shared space for
2
meetings, storage, or computing involving clas-
3
sified information.
4
(F) The location of the institution and
5
whether selection of the institution would pro-
6
mote geographic distribution to ensure nation-
7
wide access to secure facilities and networks,
8
particularly in underrepresented States.
9
(G) The economic viability and sustain-
10
ability of any secure facility or network pro-
11
posed to be deployed at the campus of the insti-
12
tution if selected, as determined through busi-
13
ness use case analyses.
14
(2) A plan for the implementation of the pro-
15
grams referred to in subsection (a), including, at a
16
minimum, an identification of not fewer than five in-
17
stitutions of higher education that the Secretary de-
18
termines would meet the criteria identified pursuant
19
to paragraph (1).
20
(d) SUBMISSION TO CONGRESS.—Not later than 270
21 days after the date of enactment of this Act, the Secretary
22 shall submit to the congressional defense committees the
23 results of the assessment under subsection (a).
24
(e) DEFINITIONS.—In this section:
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1
(1) The term ‘‘institution of higher education’’
2
has the meaning given that term in section 101 of
3
the Higher Education Act of 1965 (20 U.S.C.
4
1001).
5
(2) The term ‘‘underrepresented State’’ means
6
any State or territory eligible to participate in the
7
program of the Department known as the ‘‘Defense
8
Established Program to Stimulate Competitive Re-
9
search’’ program.
10
Subtitle G—Other Matters
11
SEC. 1081. EXTENSION OF THE NATIONAL COMMISSION ON
12
13
THE FUTURE OF THE NAVY.
Section 1092 of the James M. Inhofe National De-
14 fense Authorization Act for Fiscal Year 2023 (Public Law
15 117–263; 136 Stat. 2809), as amended by section 1083
16 of the Service Member Quality of Life Improvement and
17 National Defense Authorization Act for Fiscal Year 2025
18 (Public Law 118–159), is further amended—
19
20
(1) in subsection (a)(4), by striking ‘‘January
15, 2026’’ and inserting ‘‘July 1, 2027’’;
21
(2) in subsection (c)(3), by adding at the end
22
the following new sentences: ‘‘The commission may
23
request access to special access programs. The com-
24
mission may employ personnel and obtain detailees
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1
who hold the security clearances necessary to review
2
classified information.’’; and
3
4
5
(3) in subsection (e), by striking ‘‘90 days’’ and
inserting ‘‘180 days’’.
SEC. 1082. FEDERAL AGENCY SUPPORT FOR AFGHANISTAN
6
7
WAR COMMISSION.
Section 1094(f)(2) of the Afghanistan War Commis-
8 sion Act of 2021 (section 1094(f)(2) of Public Law 117–
9 81; 135 Stat. 1941) is amended by adding at the end the
10 following new subparagraph:
11
‘‘(D) SERVICES.—
12
‘‘(i) DEPARTMENT
OF
DEFENSE.—
13
The Secretary of Defense may provide to
14
the Commission, on a nonreimbursable
15
basis, such administrative services, funds,
16
staff, facilities, and other support services
17
as are necessary for the performance of the
18
duties of the Commission under this sec-
19
tion.
20
‘‘(ii) OTHER AGENCIES.—In addition
21
to any support provided under clause (i),
22
the head of any other Federal department
23
or agency may provide to the Commission
24
such services, funds, facilities, staff, and
25
other support as the head of such depart-
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846
1
ment or agency determines advisable and
2
as may be authorized by law.’’.
3
SEC. 1083. PROVISION OF CONTRACT AUTHORITY TO AF-
4
GHANISTAN WAR COMMISSION.
5
Subsection (f) of the Afghanistan War Commission
6 Act of 2021 (section 1094(f) of Public Law 117–81; 135
7 Stat. 1941) is amended by adding at the end the following
8 new paragraph:
9
‘‘(6) CONTRACT AUTHORITY.—To such extent
10
and in such amounts as are provided in appropria-
11
tion Acts, the Co-Chairpersons of the Commission
12
may enter into contracts to enable the Commission
13
to discharge its duties under this section.’’.
14
SEC. 1084. REAUTHORIZATION OF SERVICEWOMEN’S COM-
15
16
MEMORATIVE PARTNERSHIP.
Section 362(b) of the William M. (Mac) Thornberry
17 National Defense Authorization Act for Fiscal Year 2021
18 (Public Law 116–283; 10 U.S.C. 7771 note prec.) is
19 amended—
20
(1) by striking ‘‘for fiscal year 2021, as identi-
21
fied in division D of this Act’’ and inserting ‘‘by the
22
National Defense Authorization Act for Fiscal Year
23
2026’’; and
24
25
(2) by striking ‘‘$3,000,000’’ and inserting
‘‘$1,000,000’’.
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1
2
SEC. 1085. AUKUS IMPROVEMENT ACT OF 2025.
(a) SHORT TITLE.—This section may be cited as the
3 ‘‘AUKUS Improvement Act of 2025’’.
4
(b) MODIFICATION TO AUKUS DEFENSE TRADE CO-
5
OPERATION.— Section 38(l) of the Arms Export Control
6 Act (22 U.S.C. 2778(l)) is amended—
7
(1) in paragraph (2), by adding at the end the
8
following: ‘‘The congressional notification require-
9
ments of subsections (c) and (d) of section 36 shall
10
not apply with respect to the export or transfer of
11
defense articles or defense services subject to the ex-
12
emption described in this paragraph.’’; and
13
14
(2) by redesignating paragraph (7) as paragraph (8); and
15
16
(3) by inserting after paragraph (6) the following:
17
18
‘‘(7) EXEMPTION
FROM
CERTAIN
REQUIRE-
MENTS.—
19
‘‘(A) IN GENERAL.—Defense articles sold
20
by the United States under this Act, whether
21
pursuant to the exemption authorized under
22
this section or pursuant to an exemption under
23
another authority under this Act, may be reex-
24
ported, retransferred or temporarily imported
25
exclusively between the Government of Aus-
26
tralia, the Government of the United Kingdom,
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1
or entities described in paragraph (b) of section
2
126.7(b)(2) of title 22, Code of Federal Regula-
3
tions, or successor regulations, that are eligible
4
for the exemption described in paragraph (a) of
5
such section, notwithstanding the requirement
6
for the consent of the President under section
7
3(a)(2) or section 505(a)(1)(B) of the Foreign
8
Assistance
9
2314(a)(1)(B)).
10
Act
of
1961
‘‘(B) INTRA-COMPANY,
(22
U.S.C.
INTRA-ORGANIZA-
11
TIONAL,
12
FERS.—Intra-company,
13
intra-governmental transfers related to defense
14
articles described in subparagraph (A) are au-
15
thorized to be made between officers, employ-
16
ees, and agents who meet the definition of the
17
term ‘regular employee’ under section 120.64 of
18
title 22, Code of Federal Regulations, or suc-
19
cessor regulations, including dual nationals or
20
third-country nationals who satisfy the require-
21
ments of section 126.18 of title 22, Code of
22
Federal Regulations, or successor regulations.’’.
23
(c) REPORT.—Not later than 180 days after the date
AND
INTRA-GOVERNMENTAL
TRANS-
intra-organization, and
24 of the enactment of this Act, and annually thereafter for
25 five years, the President shall submit to the appropriate
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849
1 congressional committees a report with respect to the use
2 of the expedited review process established by section 1344
3 of the National Defense Authorization Act for Fiscal Year
4 2024 (22 U.S.C. 10423), that includes the following:
5
6
(1) An update on the progress made toward implementing such expedited review process.
7
8
(2) The number of licenses issued under such
process.
9
(3) A list of each recipient of such license.
10
(d) REQUIREMENT TO REVIEW EXCLUDED TECH-
11
NOLOGY LIST.—
12
(1) IN GENERAL.—Not later than 180 days
13
after the date of the enactment of this Act, and an-
14
nually for five years and every three years thereafter
15
for 12 years, the Secretary of State, in consultation
16
with the Secretary of Defense, shall review Supple-
17
ment No. 2 to part 126 of title 22, Code of Federal
18
Regulations, commonly known at the ‘‘Excluded
19
Technology List’’, to ensure inclusion of only those
20
items required by statute or otherwise determined by
21
the Secretary of State to require continued licensing
22
review for reasons of United States national secu-
23
rity.
24
(2) REPORT.—The Secretary of State shall sub-
25
mit to the appropriate congressional committees and
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1
the Committee on Armed Services of the House of
2
Representatives and the Committee on Armed Serv-
3
ices of the Senate a report on the results of each re-
4
view required by this subsection. Each such report
5
shall include a justification of any item removed or
6
added to the Excluded Technology List.
7
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
8
FINED.—In this section, the term ‘‘appropriate congres-
9 sional committees’’ means—
10
11
(1) the Committee on Foreign Affairs of the
House of Representatives; and
12
13
(2) the Committee on Foreign Relations of the
Senate.
14
SEC. 1086. FRAMEWORK FOR REFORMING TECHNOLOGY
15
TRANSFER AND FOREIGN DISCLOSURE POLI-
16
CIES.
17
(a) FRAMEWORK DEVELOPMENT.—Not later than
18 180 days after the date of the enactment of this Act, the
19 Secretary of Defense shall produce a framework to revise
20 technology transfer and foreign disclosure policies and
21 processes of the military departments and the technology
22 transfer and foreign disclosure committees.
23
(b) FRAMEWORK ELEMENTS.—The framework pro-
24 duced pursuant to subsection (a) shall include the fol25 lowing:
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1
(1) Guidelines for balancing the protection of
2
technology and classified information with the re-
3
quirement to share technology and classified defense
4
information.
5
(2) A process to gather, consider, and, as ap-
6
propriate, incorporate input from Federal agencies
7
and industry stakeholders, in accordance with sub-
8
section (d), to inform revisions to the technology
9
transfer and foreign disclosure policies and processes
10
of the Department of Defense.
11
(3) Recommendations for updating the National
12
Disclosure Policy to accommodate the use of emerg-
13
ing and advanced defense such as artificial intel-
14
ligence,
15
counter-unmanned aerial systems, missile defense,
16
cybersecurity, quantum technologies, hypersonics,
17
autonomous systems, and such other technologies as
18
the Secretary determines appropriate.
directed
energy,
microwave
systems,
19
(4) Mechanisms to enable the military depart-
20
ments and the Defense Technology Security Admin-
21
istration to streamline the approval process for tech-
22
nology transfers.
23
(5) Mechanisms to enhance transparency to en-
24
sure the technology transfer policies of the Depart-
25
ment of Defense and each of the military depart-
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1
ments specifically are comparable with respect to ca-
2
pability and country release tiers for emerging and
3
advanced defense items.
4
(6) A plan to consolidate technology security
5
and foreign disclosure approvals in accordance with
6
Executive Order 14268, titled ‘‘Reforming Foreign
7
Defense Sales to Improve Speed and Accountability’’
8
and dated April 9, 2025.
9
(7) An updated Department of Defense Direc-
10
tive 5111.21 to address roles, responsibilities and
11
members of the Arms Transfer and Technology Re-
12
lease Senior Steering Group of the Department of
13
Defense.
14
(8) Metrics to evaluate the effectiveness of the
15
technology transfer policies of the military depart-
16
ments and the National Disclosure Policy to enable
17
the transfer of defense items to allies and partners
18
of the United States while ensuring protection of
19
United States technology.
20
(9) An annual requirement to conduct an audit
21
of license applications that were denied during the
22
prior year on the basis of technology transfer poli-
23
cies of the military departments or the Defense
24
Technology Security Administration.
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853
1
(10) A description of the charter of each tech-
2
nology security and foreign disclosure committee, its
3
participants, and its relationship to other technology
4
security and foreign disclosure committees.
5
(c) IMPLEMENTATION.—Not later than one year after
6 the date of the submission of the framework under sub7 section (a), and not less frequently than annually there8 after, the Secretary of Defense shall direct the Secretary
9 of each of the military departments and the heads of the
10 technology security and foreign disclosure committees to
11 revise the technology transfer policy of that department
12 and the Under Secretary of Defense for Policy to revise
13 the National Disclosure Policy, based on the elements of
14 the framework under subsection (b).
15
(d) STAKEHOLDER ENGAGEMENT.—At least once
16 every six months, the Secretaries of the military depart17 ments, the Under Secretary of Defense for Acquisition and
18 Sustainment, and the Under Secretary of Defense for Pol19 icy shall consult with such representatives from the de20 fense industry as the Secretaries and Under Secretary
21 consider appropriate, including representatives from non22 traditional defense contractors (as such term is defined
23 by section 3014 of title 10, United States Code) in the
24 course of carrying out subsections (a), (b), and (c).
25
(e) REPORTING REQUIREMENTS.—
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854
1
(1) SUBMISSION OF FRAMEWORK.—Not later
2
than 180 days after the date of the enactment of
3
this Act, the Secretary of Defense shall submit to
4
the congressional defense committees a report con-
5
taining the framework produced under subsection
6
(a).
7
(2) ANNUAL
REPORTS.—Not
later than one
8
year after the date of the submission of the frame-
9
work required under subsection (a), and not less fre-
10
quently than annually thereafter, the Secretary of
11
Defense shall submit to the congressional defense
12
committees a report that includes the following:
13
(A) A description of any actions taken to
14
improve the technology transfer policies of the
15
military departments and the technology secu-
16
rity and foreign disclosure committees in ac-
17
cordance with the implementation requirements
18
under subsection (c).
19
(B) A description of actions taken to im-
20
plement or incorporate industry recommenda-
21
tion into the technology transfer policies of the
22
military departments and the National Disclo-
23
sure Policy.
24
(C) A summary of any feedback from in-
25
dustry stakeholders with respect to current ap-
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1
plications of the technology transfer policies of
2
the military departments and the National Dis-
3
closure Policy, and a description of any actions
4
taken to address such feedback.
5
(D) The results of an audit of license ap-
6
plications that were denied during the preceding
7
12-month period on the basis of technology
8
transfer policies of the military departments or
9
the technology security and foreign disclosure
10
committees, including information and data
11
that link such denials to the policies in effect at
12
the time of denial.
13
(E) Any recommendations of the Secretary
14
for legislation necessary to improve technology
15
release and foreign disclosure policies of the De-
16
partment of Defense.
17
(3) FORM.—Each report submitted under this
18
subsection shall be submitted in unclassified form,
19
but may include a classified annex.
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1
SEC. 1087. PROCUREMENT AND DISTRIBUTION OF SPORTS
2
FOODS
3
MEMBERS OF THE ARMED FORCES ASSIGNED
4
TO THE UNITED STATES SPECIAL OPER-
5
ATIONS COMMAND.
6
AND
DIETARY
SUPPLEMENTS
TO
(a) PROCUREMENT AND DISTRIBUTION.—The Com-
7 mander of the United States Special Operations Command
8 may authorize, from amounts appropriated to the Depart9 ment of Defense for Major Force Program 11—
10
11
(1) the procurement of sports foods and dietary
supplements; and
12
(2) the distribution of such foods and supple-
13
ments to members of the Armed Forces assigned to
14
the United States Special Operations Command.
15
(b) REQUIREMENTS.—
16
(1) IN
GENERAL.—The
Commander of the
17
United States Special Operations Command shall—
18
(A) establish policies for the procurement
19
and distribution of sports foods and dietary
20
supplements under this section; and
21
22
(B) require that such procurement and distribution is in compliance with—
23
(i) Department of Defense Instruction
24
6130.06, titled ‘‘Use of Dietary Supple-
25
ments in the Department of Defense’’; and
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1
(ii) the prohibited dietary supplement
2
ingredients list of the Department.
3
4
(2) POLICIES.—The policies established under
paragraph (1) shall provide that—
5
(A) dietary supplements procured or dis-
6
tributed under this section are required to be
7
certified by a non-Department third-party certi-
8
fying organization that Operation Supplement
9
Safety of the Department has vetted for end-
10
product quality assurance;
11
(B) dietary supplements and sports foods
12
procured or distributed under this section are
13
required to be free of contaminants and ingredi-
14
ents and substances prohibited by the Depart-
15
ment (including any ingredients and substances
16
that are synonymous with such prohibited in-
17
gredients and substances);
18
(C) sports foods and dietary supplements
19
may only be distributed to members of the
20
Armed Forces—
21
(i) by a credentialed and privileged
22
registered (performance) dietitian or a
23
medical clinician with prescribing authority
24
who is assigned to or supporting the
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858
1
United States Special Operations Com-
2
mand at the operational unit level; and
3
(ii) under the guidance and oversight
4
of a primary care sports medicine physi-
5
cian.
6
(c) RULE OF CONSTRUCTION.—The procurement and
7 distribution of sports foods and dietary supplements under
8 this section shall be construed to supplement and not sup9 plant—
10
11
(1) any morale, welfare, or recreation funds or
activities otherwise required or available; and
12
(2) any funding made available for, and services
13
provided by, any dining facility of the Department.
14
(d) REPORT.—Not later than September 30, 2026,
15 the Secretary of Defense shall submit to the congressional
16 defense committees a report that contains an assessment
17 of the feasibility and advisability of expanding the author18 ity under this section for the procurement and distribution
19 of sports foods and third-party certified dietary supple20 ments to include the military departments.
21
(e) DEFINITIONS.—In this section:
22
(1) The term ‘‘dietary supplement’’ means a
23
product under meaning given that term in section
24
201(ff) of the Federal Food, Drug, and Cosmetic
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1
Act (21 U.S.C. 321(ff)) for which nutrition labeling
2
in the form of a supplement facts panel is required.
3
(2) The term ‘‘sports food’’ means a food prod-
4
uct that—
5
(A) delivers essential energy (in the form
6
of calories) and nutrients; and
7
(B) is packaged in a container that in-
8
cludes nutrition labeling in the form of a sup-
9
plement facts panel.
10
SEC. 1088. PILOT PROGRAM ON ENHANCED USE OF AD-
11
VANCED SENSOR NETWORKS TO IMPROVE
12
AIR FORCE COUNTER-UNMANNED AIRCRAFT
13
SYSTEM CAPABILITIES FOR BASE DEFENSE.
14
(a) ESTABLISHMENT.—Beginning not later than 180
15 days after the date of the enactment of this Act, the Sec16 retary of the Air Force, in coordination with the Director
17 of the Joint Interagency Task Force 401 established
18 under section 199 of title 10, United States Code, as
19 added by section 912, and in consultation with the Admin20 istrator of the Federal Aviation Administration, shall
21 carry out a pilot program, to be known as the ‘‘Enhancing
22 Cooperation for Counter-Unmanned Aircraft Systems
23 Program’’, under which the Secretary shall incorporate
24 the use of civilian civil airspace sensor networks into Air
25 Force data processing systems to—
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860
1
(1) improve base defense against small un-
2
manned aircraft systems (in this section referred to
3
as ‘‘sUAS’’);
4
(2) inform the development of counter-un-
5
manned aircraft system capabilities that are suitable
6
for use inside the United States and in the National
7
Airspace System; and
8
(3) enhance cooperation with law enforcement,
9
State and local partners, and other Federal depart-
10
ments and agencies to counter domestic threats.
11
(b) LOCATIONS.—The Secretary, in coordination with
12 the Director and in consultation with the Administrator,
13 shall select at least two military installations located in
14 the United States at which to conduct the pilot program.
15 In selecting such military installations, the Secretary shall
16 consider the potential for the Air Force to—
17
18
(1) access advanced civilian airspace sensor networks;
19
(2) leverage public-private partnerships that en-
20
able multi-use of airspace awareness capabilities for
21
public safety, defense of critical infrastructure to in-
22
clude Department of Defense installations, and pro-
23
tection of civil aviation; and
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1
(3) minimize the potential for negatively affect-
2
ing civil aircraft operations in the National Airspace
3
System.
4
(c) OBJECTIVES.—The objectives of the pilot pro-
5 gram are—
6
(1) to provide the Air Force with access to air
7
space awareness data derived from civilian airspace
8
sensor networks to increase the situational aware-
9
ness of Air Force bases;
10
(2) to determine any authority, capability, and
11
capacity barriers to enhancing cooperation between
12
the Air Force, civilian partners, and other Federal,
13
State, and local government entities to extend the
14
over-the-horizon identification of potential sUAS
15
threats beyond the current range of existing domes-
16
tic base defense systems; and
17
(3) to improve the data-sharing frameworks for
18
airspace data between the Air Force and various
19
stakeholders for the purpose of base defense.
20
(d) CONTRACT AUTHORITY.—In carrying out the
21 pilot program, the Secretary of the Air Force may enter
22 into one or more contracts for the procurement of addi23 tional technologies capable of—
24
25
(1) leveraging commercial or Government offthe-shelf detect-track-defeat systems;
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1
(2) integrating and using civilian airspace
2
awareness data to serve as an early warning capa-
3
bility specifically to help identify and monitor non-
4
compliant sUAS; and
5
(3) informing appropriate communication mech-
6
anisms between military installations and local law
7
enforcement agencies to report and track non-com-
8
pliant air vehicles, deter incursions, and foster po-
9
tential prosecution.
10
(e) BRIEFINGS.—Not later than 90 days after the
11 conclusion of all activities carried out under the pilot pro12 gram at an installation selected for such program, the Sec13 retary shall provide to the appropriate congressional com14 mittees a briefing that includes a description of—
15
16
(1) the manner in which the program was conducted at such installation; and
17
(2) any results achieved under the program at
18
such installation.
19
(f) TERMINATION.—
20
(1) IN GENERAL.—The authority to carry out a
21
pilot program under this section shall terminate on
22
the date that is five years after the date of the en-
23
actment of this Act.
24
(2) EARLY TERMINATION OPTION.—The Sec-
25
retary of the Air Force may request the termination
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863
1
of the pilot program before the date specified in
2
paragraph (1) if the Secretary—
3
(A) determines that administrative, legal,
4
performance, or other factors indicate the pro-
5
gram will not be successful; and
6
(B) submits to the appropriate congres-
7
sional committees notice in writing of such de-
8
termination.
9
(g) APPROPRIATE CONGRESSIONAL COMMITTEES
10 DEFINED.—In this section, the term ‘‘appropriate con11 gressional committees’’ means—
12
(1) the Committee on Armed Services and the
13
Committee on Transportation and Infrastructure of
14
the House of Representatives; and
15
(2) the Committee on Armed Services and the
16
Committee on Commerce, Science, and Transpor-
17
tation of the Senate.
18
SEC. 1089. PILOT PROGRAM AND OTHER REQUIREMENTS
19
FOR ACCELERATING PROTECTION OF CER-
20
TAIN FACILITIES AND ASSETS FROM UN-
21
MANNED AIRCRAFT.
22
(a) REQUIREMENTS.—Not later than one year after
23 the date of the enactment of this Act, the Secretary of
24 Defense, acting through the Joint Interagency Task Force
25 401 established under section 199 of title 10, United
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864
1 States Code, as added by section 912, shall ensure that
2 for each covered facility or asset at which the Secretary
3 has determined counter-UAS operations are necessary to
4 mitigate the threat that an unmanned aircraft system
5 poses to the safety or security of such covered facility or
6 asset—
7
(1) any administrative action required for the
8
effective use of the authorities under section 130i of
9
title 10, United States Code, for the protection of
10
the covered facility or asset not contingent upon ac-
11
tion by another Federal department or agency has
12
been completed, including the establishment of ap-
13
propriate policies for the training of relevant per-
14
sonnel upon the deployment of new counter-UAS
15
systems, annual training, and training for newly as-
16
signed personnel;
17
(2) any such training required for the safe or
18
effective use of counter-UAS systems for such pro-
19
tection has been completed; and
20
(3) planning to deploy and sustain systems
21
similar to those procured pursuant to the pilot pro-
22
gram under subsection (b) in a manner appropriate
23
for the covered facility or asset has commenced.
24
(b) PILOT PROGRAM FOR DEPLOYMENT OF CERTAIN
25 COUNTER-UAS SYSTEMS.—
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1
(1) PILOT PROGRAM.—The Secretary, acting
2
through the Joint Interagency Task Force 401 es-
3
tablished under section 199 of title 10, United
4
States Code, as added by section 912, and in coordi-
5
nation with the Administrator as required by section
6
130i of title 10, United States Code, shall carry out
7
a pilot program for the deployment of covered
8
counter-UAS systems to expeditiously demonstrate
9
enhanced protective capabilities for certain covered
10
facilities or assets (in this subsection, referred to as
11
the ‘‘pilot program’’).
12
13
(2) ELEMENTS.—Under the pilot program, the
Secretary shall—
14
(A) not later than 180 days after the date
15
of the enactment of this Act, select and procure
16
covered counter-UAS systems for deployment
17
for the protection of at least four covered facili-
18
ties or assets identified for purposes of the pilot
19
program;
20
(B) not later than 240 days after the date
21
of the enactment of this Act submit to the con-
22
gressional defense committees a report on any
23
delays caused by interagency coordination re-
24
quirements, particularly delays related to site
25
surveys by other agencies; and
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1
(C) not later than one year after the date
2
of the enactment of this Act, ensure such cov-
3
ered counter-UAS systems are so deployed with
4
respect to each such identified covered facility
5
or asset.
6
(c) COORDINATION REQUIRED.—The Secretary shall
7 carry out this section consistent with the requirements of
8 section 130i of title 10, United States Code.
9
(d) BRIEFINGS.—Not later than 60 days after the
10 date of the enactment of this Act, and every 60 days there11 after until the date on which each requirement under this
12 section is complete, the Secretary, in consultation with the
13 Administrator, shall provide to the congressional defense
14 committees and the Committee on Transportation and In15 frastructure of the House of Representatives a briefing on
16 the implementation of this section.
17
(e) DEFINITIONS.—In this section:
18
(1) The term ‘‘Administrator’’ means the Ad-
19
ministrator of the Federal Aviation Administration.
20
(2) The terms ‘‘counter-UAS system’’ and
21
‘‘small unmanned aircraft’’ have the meanings given
22
those terms in section 44801 of title 49, United
23
States Code.
24
25
(3) The term ‘‘covered counter-UAS system’’
means a counter-UAS system that—
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1
(A) is capable of destroying or disabling a
2
small unmanned aircraft by means of high-pow-
3
ered microwave, laser, or other similar tech-
4
nology; and
5
(B) may be integrated with appropriate
6
sensing and command-and-control systems.
7
(4) The term ‘‘covered facility or asset’’ means
8
a facility or asset with respect to which there is au-
9
thority to carry out section 130i of title 10, United
10
States Code, for the protection of the facility or
11
asset.
12
(5) The term ‘‘unmanned aircraft’’ has the
13
meaning given such term in section 130i(j) of title
14
10, United States Code.
15
SEC. 1090. PROCESS FOR COMPLAINTS AND INVESTIGA-
16
TIONS OF TRANSPORTATION SERVICE PRO-
17
VIDERS AND TRANSPORTATION OFFICERS.
18
(a) COMPLAINTS AND INVESTIGATIONS.—
19
(1) PROCESS FOR SUBMITTING COMPLAINTS.—
20
The Commander of the United States Army Trans-
21
portation Command shall develop a process through
22
which a transportation service provider may submit
23
a complaint to the Commander regarding possible
24
violations of the Military Freight Traffic Unified
25
Rules Publication or the Defense Transportation
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1
Regulations by Department of Defense transpor-
2
tation officers and transportation service providers
3
regarding any military shipments that are required
4
to be processed by the Global Freight Management
5
System.
6
(2) ELEMENTS.—The complaint process re-
7
quired under paragraph (1) shall include each of the
8
following:
9
(A) An identification of the information
10
the complainant should provide as part of a
11
complaint to assist the Commander in reviewing
12
and investigating the complaint, including ref-
13
erences to the rules that were allegedly violated.
14
(B) A timeline for the adjudication of the
15
complaint and rendering of an initial finding by
16
an individual designated by the Commander.
17
(C) A process for any party to appeal the
18
initial finding if the party believes the initial
19
finding is incorrect, a timeline for the review of
20
the appeal, and a timeline for the Commander
21
to render a final decision.
22
(D) Such other elements as the Com-
23
mander determines appropriate.
24
(3) CONSEQUENCES FOR VIOLATIONS.—If, pur-
25
suant to a complaint submitted through the com-
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1
plaint process under this section, a transportation
2
officer or transportation service provider is found to
3
have violated the Military Freight Traffic Unified
4
Rules Publication or the Defense Transportation
5
Regulations, the Commander shall impose a penalty
6
in accordance with the Military Freight Traffic Uni-
7
fied Rules Publication and the Defense Transpor-
8
tation Regulations and, if applicable, work with the
9
transportation officer or transportation service pro-
10
vider to take corrective action.
11
(4) TRANSPORTATION OFFICER ACTIONS.—
12
(A) NOTIFICATION PROCESS.—The Com-
13
mander shall establish a timely process through
14
which a transportation service provider may no-
15
tify the United States Army Transportation
16
Command of any action a transportation officer
17
imposes against a transportation service pro-
18
vider, such as a letter of non-use, if the trans-
19
portation service provider believes that such ac-
20
tion was improper, excessive, or not in accord-
21
ance with the Military Freight Traffic Unified
22
Rules Publication or Defense Transportation
23
Regulations.
24
(B) AUTHORITY TO OVERRIDE.—The Com-
25
mander may override any action taken by a
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1
transportation officer against a transportation
2
service provider if the Commander believes such
3
action was improper, excessive, or not in ac-
4
cordance with the Military Freight Traffic Uni-
5
fied Rules Publication or Defense Transpor-
6
tation Regulations. The authority under this
7
subparagraph includes revoking a letter of non-
8
use, reducing the duration of a letter of non-
9
use, and removing any service failure from the
10
record of the transportation service provider.
11
(b) GLOBAL FREIGHT MANAGEMENT TRAINING.—
12 The Commander of the United States Army Transpor13 tation Command shall provide recurring training to all
14 transportation officers and transportation service pro15 viders that use the Global Freight Management System
16 to process and award Department of Defense shipments.
17 Such training shall include—
18
(1) detailed instruction on the Military Freight
19
Traffic Unified Rules Publication and Defense
20
Transportation Regulations;
21
(2) best practices for processing and awarding
22
shipments in the Global Freight Management sys-
23
tem;
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1
(3) the importance of awarding shipments
2
transparently and in accordance with Department of
3
Defense policies; and
4
(4) such other information as the Commander
5
determines appropriate.
6
(c) FREIGHT CARRIER REGISTRATION PROGRAM.—
7
(1) UPDATE.—The Commander of the United
8
States Army Transportation Command shall update
9
the freight carrier registration program to ensure
10
that users of the program, including Department of
11
Defense personnel and transportation service pro-
12
viders, are able to easily determine if a standard car-
13
rier alpha code belongs to a motor carrier or broker.
14
(2) ANNUAL AUDIT REQUIREMENT.—Not less
15
frequently than annually, the Commander shall con-
16
duct an audit of the freight carrier registration pro-
17
gram to ensure that all approved transportation
18
service providers have active and appropriate oper-
19
ating authority from the Department of Transpor-
20
tation.
21
SEC. 1091. DECLASSIFICATION OF CERTAIN RECORDS RE-
22
LATING TO TOWER 22 ATTACK.
23
(a) IN GENERAL.—Except as provided in subsections
24 (b) an (c), not later than 180 days after the date of the
25 enactment of this Act, the Secretary of Defense shall de-
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1 classify any Department of Defense document or other
2 Department of Defense record, which has not previously
3 been released or made publicly available, relating to the
4 attack on the United States Armed Forces at Tower 22,
5 Jordan, on January 28, 2024.
6
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
7 tion provides authority for the Secretary of Defense to de8 classify any information that the Secretary does not al9 ready have the authority to declassify under Executive
10 Order No. 13526, or any successor order.
11
(c) WAIVER.—The Secretary may waive the applica-
12 tion of subsection (a) with respect to any record or docu13 ment that reveals any source, method, or capability or
14 would otherwise compromise the national security of the
15 United States.
16
SEC. 1092. UPDATES AND PRESERVATION OF MEMORIALS
17
TO CHAPLAINS AT ARLINGTON NATIONAL
18
CEMETERY.
19
(a) UPDATES AND PRESERVATION OF MEMORIALS.—
20
(1) PROTESTANT CHAPLAINS MEMORIAL.—The
21
Secretary of the Army shall permit NCMAF—
22
(A) to modify the memorial to Protestant
23
chaplains located on Chaplains Hill to include a
24
granite, marble, or other stone base for the
25
bronze plaque of the memorial;
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1
(B) to provide an updated bronze plaque
2
that includes the name of each chaplain,
3
verified as described in subsection (b), who died
4
while serving on active duty in the Armed
5
Forces after the date on which the original me-
6
morial was placed and before the date of the
7
enactment of this Act; and
8
(C) to make such other updates and cor-
9
rections to the memorial that the Secretary de-
10
termines necessary.
11
(2) CATHOLIC
12
CHAPLAIN
MEMORIALS.—The
Secretary of the Army shall permit NCMAF—
13
(A) to update the Catholic chaplains me-
14
morial to include the name of each chaplain,
15
verified under subsection (b), who died while
16
serving on active duty in the Armed Forces
17
after the date on which the original memorial
18
was placed and before the date of the enact-
19
ment of this Act; and
20
(B) to make such other updates and cor-
21
rections to the memorial that the Secretary de-
22
termines necessary.
23
(3) JEWISH CHAPLAIN MEMORIALS.—The Sec-
24
retary of the Army shall permit NCMAF to update
25
and make corrections to the Jewish chaplain memo-
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1
rials located on Chaplains Hill that the Secretary de-
2
termines necessary.
3
(4) NO COST TO FEDERAL GOVERNMENT.—The
4
activities of NCMAF authorized by this subsection
5
shall be carried out at no cost to the Federal Gov-
6
ernment.
7
(b) VERIFICATION OF NAMES.—NCMAF may not in-
8 clude the name of a chaplain on a memorial on Chaplains
9 Hill under subsection (a) unless that name has been
10 verified by the Chief of Chaplains of the Army, Navy, or
11 Air Force, or the Chaplain of the United States Marine
12 Corps, depending on the Armed Force in which the chap13 lain served.
14
(c) PROHIBITION ON EXPANSION OF MEMORIALS.—
15 Except as provided in subsection (a)(1)(A), this section
16 may not be construed as authorizing the expansion of any
17 memorial that is located on Chaplains Hill on the date
18 of the enactment of this Act.
19
(d) DEFINITIONS.—In this section:
20
(1) The term ‘‘Chaplains Hill’’ means the area
21
in Arlington National Cemetery that, as of the date
22
of the enactment of this Act, is generally identified
23
and recognized as Chaplains Hill.
24
(2) The term ‘‘NCMAF’’ means the National
25
Conference on Ministry to the Armed Forces or any
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1
successor organization recognized in law for pur-
2
poses of the operation of this section.
3
SEC. 1093. CRITICAL INFRASTRUCTURE COMPATIBILITY
4
5
TABLETOP EXERCISE.
(a) REQUIREMENTS.—Not later than one year after
6 the date of the enactment of this Act, the Secretary of
7 Defense shall conduct a tabletop exercise designed to as8 sess the resiliency of United States military installations
9 and their surrounding communal capabilities to collabo10 ratively respond to weather disasters or adversarial at11 tacks made against the United States homeland. The ta12 bletop exercise required under this section shall be de13 signed to—
14
15
(1) be planned and executed across geographically-dispersed organizations;
16
(2) integrate policies, procedures, capabilities,
17
and applicable authorities to ensure mission assur-
18
ance during and after cybersecurity incidents involv-
19
ing intelligent energy control systems, traffic control
20
systems, and incident response systems; and
21
(3) include, as participating organizations, ap-
22
propriate municipal, county, State, and Federal gov-
23
ernment entities, and public and private critical in-
24
frastructure service providers such as energy, water,
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1
wastewater, transportation, and communications,
2
and others as appropriate.
3
(b) ELEMENTS.—A tabletop exercise required under
4 subsection (a) shall be designed to evaluate, at a min5 imum, the following elements:
6
(1) The resilience of community critical infra-
7
structure to enhance, advance, and supplant that of
8
surrounding military installations in the event of at-
9
tacks upon military critical infrastructure.
10
(2) The ability of a military installation, in co-
11
ordination with community leadership, to coordinate
12
efforts and operationalize available infrastructure
13
and resources presented by defense communities in
14
the area surrounding the military installation.
15
(3) State and Federal Government response op-
16
tions to maintain the viability of domestic critical in-
17
frastructure in the event of a disruption lasting mul-
18
tiple days across more than one region.
19
(4) An assessment of the mobility of the Armed
20
Forces from their installations in the event of an at-
21
tack upon critical infrastructure and logistical
22
chokepoints.
23
24
(5) The resiliency of military key command and
control nodes during the tabletop exercise.
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1
(c) CONSULTATION REQUIREMENT.—In carrying out
2 this section, the Secretary shall consult with the Secre3 taries of each of the military departments and the heads
4 of such Federal departments and agencies as the Director
5 determines appropriate.
6
(d) BRIEFING.—Following the conclusion of the ta-
7 bletop exercise required under subsection (a), the Director
8 shall provide to the Committees on Armed Services of the
9 Senate and House of Representatives a briefing, on the
10 exercise. Such briefing shall include—
11
12
(1) observations and lessons learned as a result
of the tabletop exercise;
13
(2) recommendations to improve the resiliency
14
of, and reduce vulnerabilities in, the domestic critical
15
infrastructure of the United States in the event of
16
a military contingency; and
17
(3) recommendations to enhance cooperation
18
between military installations and local communities
19
that promotes comprehensive community planning
20
with attention to operational resiliency.
21
SEC. 1094. IRREGULAR WARFARE EXERCISE LABORATORY.
22
(a) IN GENERAL.—The Secretary of Defense may es-
23 tablish and maintain an Irregular Warfare Exercise Lab24 oratory to—
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1
(1) support the training, experimentation, prep-
2
aration, and validation of the United States Armed
3
Forces to conduct full-spectrum irregular warfare
4
activities; and
5
(2) enable activities to build the capacity and
6
interoperability of the national security forces of
7
friendly foreign countries.
8
(b) AUTHORITIES.—In carrying out the activities au-
9 thorized under subsection (a), the Secretary may use the
10 authorities under chapter 16 of title 10, United States
11 Code, or other applicable statutory authorities available to
12 the Secretary of Defense.
13
(c) NATIONAL SECURITY FORCES DEFINED.—In this
14 section, the term ‘‘national security forces’’ has the mean15 ing given that term in section 301 of title 10, United
16 States Code.
17
SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE
18
19
STRATEGY.
(a) ESTABLISHMENT.—
20
(1) IN GENERAL.—As of the date specified in
21
paragraph (2), there is established an independent
22
commission in the legislative branch to be known as
23
the ‘‘Commission on the National Defense Strategy’’
24
(in this section referred to as the ‘‘Commission’’).
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1
(2) DATE SPECIFIED.—The date specified in
2
this paragraph is the date that is not later than 15
3
days after the date on which the Secretary of De-
4
fense provides a national defense strategy as re-
5
quired by section 113(g) of title 10, United States
6
Code.
7
(3) PURPOSE.—The purpose of the Commission
8
is to examine and make recommendations with re-
9
spect to the national defense strategy of the United
10
States.
11
(4) SCOPE AND DUTIES.—In order to provide
12
the fullest understanding of the national defense
13
strategy the Commission shall perform the following
14
duties:
15
(A) The Commission shall review the most
16
recent national defense strategy of the United
17
States including the assumptions, strategic ob-
18
jectives, priority missions, major investments in
19
defense capabilities, force posture and struc-
20
ture, operational concepts, and strategic and
21
military risks associated with the strategy.
22
(B) The Commission shall conduct a com-
23
prehensive assessment of the strategic environ-
24
ment, including—
25
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(i) United States interests;
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1
(ii) the threats to the national secu-
2
rity of the United States, including both
3
traditional and non-traditional threats;
4
(iii) the size and shape of the force;
5
(iv) the readiness of the force;
6
(v) the posture, structure, and capa-
7
bilities of the force;
8
(vi) allocation of resources; and
9
(vii) the strategic and military risks
10
present in the national defense strategy.
11
(5) COMMISSION REPORT AND RECOMMENDA-
12
TIONS.—
13
(A) REPORT.—
14
(i) IN GENERAL.—Not later than one
15
year after the date of establishment of the
16
Commission, the Commission shall trans-
17
mit to the President and Congress a report
18
containing the review and assessment con-
19
ducted under paragraph (4), together with
20
any recommendations of the Commission.
21
(ii) CONTENTS.—The report required
22
by clause (i) shall include the following ele-
23
ments:
24
(I) An appraisal of the strategic
25
environment, including an examina-
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1
tion of the traditional and non-tradi-
2
tional threats to the United States,
3
and the potential for conflicts arising
4
from such threats and security chal-
5
lenges.
6
(II) An evaluation of the stra-
7
tegic objectives of the Department of
8
Defense for near-peer competition in
9
support of the national security inter-
10
ests of the United States.
11
(III) A review of the military
12
missions for which the Department of
13
Defense should prepare, including
14
missions that support the interagency
15
and a whole-of-government strategy.
16
(IV) An identification of any
17
gaps or redundancies in the roles and
18
missions
19
Forces necessary to carry out military
20
missions identified in subclause (III),
21
and the roles and capabilities provided
22
by other Federal agencies and by al-
23
lies and international partners.
assigned
to
the
Armed
24
(V) An assessment of how the
25
national defense strategy leverages
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1
other elements of national power
2
across the interagency to counter
3
near-peer competitors.
4
(VI) An evaluation of the re-
5
sources necessary to support the
6
strategy,
7
ommendations.
including
budget
rec-
8
(VII) An examination of the ef-
9
forts by the Department of Defense to
10
develop new and innovative oper-
11
ational concepts to enable the United
12
States to more effectively counter
13
near-peer competitors.
14
(VIII) An analysis of the force
15
planning construct, including—
16
(aa) the size and shape of
17
the force;
18
(bb) the posture, structure,
19
and capabilities of the force;
20
(cc) the readiness of the
21
force;
22
(dd) infrastructure and or-
23
ganizational adjustments to the
24
force;
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1
(ee) modifications to per-
2
sonnel
3
professional military education;
4
and
requirements,
including
5
(ff) other elements of the de-
6
fense program necessary to sup-
7
port the strategy.
8
(IX) An assessment of the risks
9
associated with the strategy, including
10
the relationships and tradeoffs be-
11
tween missions, risks, and resources.
12
(X) The findings and conclusions
13
of the Commission, together with such
14
recommendations for such legislative
15
actions as the Commission considers
16
appropriate.
17
(XI) Any other elements the
18
19
Commission considers appropriate.
(B) BRIEFINGS.—
20
(i) IN GENERAL.—Not later than 180
21
days after the date of the establishment of
22
the Commission, the Commission shall pro-
23
vide to the Committees on Armed Services
24
of the Senate and the House of Represent-
25
atives a briefing on the status of the review
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1
and assessment required by paragraph (4),
2
including a discussion of any interim rec-
3
ommendations.
4
(ii) INTERIM BRIEFINGS.—At the re-
5
quest of the Chair and Ranking Member of
6
the Committee on Armed Services of the
7
Senate, or the Chair and Ranking Member
8
of the Committee on Armed Services of the
9
House of Representatives, the Commission
10
shall provide the requesting Committee
11
with interim briefings in addition to the
12
briefing required by clause (i).
13
(C) FORM OF REPORT.—The report re-
14
quired under subparagraph (A) shall be sub-
15
mitted in unclassified form, but may include a
16
classified annex.
17
(6) POWERS OF COMMISSION.—
18
(A) HEARINGS.—The Commission may
19
hold such hearings, sit and act at such times
20
and places, take such testimony, and receive
21
such evidence as the Commission considers ad-
22
visable to carry out its duties under this sec-
23
tion.
24
25
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(B) INFORMATION FROM FEDERAL AGENCIES.—The
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Commission may secure directly
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885
1
from any Federal department or agency such
2
information as the Commission considers nec-
3
essary to carry out its duties under this section.
4
Upon request of the Chair of the Commission,
5
the head of such department or agency shall
6
furnish such information to the Commission.
7
(C) USE OF POSTAL SERVICE.—The Com-
8
mission may use the United States mails in the
9
same manner and under the same conditions as
10
other departments and agencies of the Federal
11
Government.
12
(D) AUTHORITY TO ACCEPT GIFTS.—
13
(i) IN
GENERAL.—The
Commission
14
may accept, use, and dispose of gifts or do-
15
nations of services, goods, and property
16
from non-Federal entities for the purposes
17
of aiding and facilitating the work of the
18
Commission. The authority under this
19
paragraph does not extend to gifts of
20
money.
21
(ii) DOCUMENTATION; CONFLICTS OF
22
INTEREST.—The
23
ment gifts accepted under the authority
24
provided by clause (i) and shall avoid con-
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Commission shall docu-
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1
flicts of interest or the appearance of con-
2
flicts of interest.
3
(iii) COMPLIANCE
WITH
CONGRES-
4
SIONAL ETHICS RULES.—Except as specifi-
5
cally provided in this section, a member of
6
the Commission shall comply with rules set
7
forth by the Select Committee on Ethics of
8
the Senate and the Committee on Ethics of
9
the House of Representatives governing
10
employees of the Senate and the House of
11
Representatives, respectively.
12
(b) MEMBERSHIP.—
13
14
(1) COMPOSITION.—The Commission shall be
composed of eight members, of whom—
15
16
17
18
19
20
21
22
(A) one shall be appointed by the Speaker
of the House of Representatives;
(B) one shall be appointed by the Minority
Leader of the House of Representatives;
(C) one shall be appointed by the Majority
Leader of the Senate;
(D) one shall be appointed by the Minority
Leader of the Senate;
23
(E) one shall be appointed by the Chair-
24
man of the Committee on Armed Services of
25
the Senate;
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1
(F) one shall be appointed by the Ranking
2
Member of the Committee on Armed Services of
3
the Senate;
4
(G) one shall be appointed by the Chair-
5
man of the Committee on Armed Services of
6
the House of Representatives; and
7
(H) one shall be appointed by the Ranking
8
Member of the Committee on Armed Services of
9
the House of Representatives.
10
(2) CHAIR AND VICE CHAIR.—
11
(A) CHAIR.—The Chair of the Committee
12
on Armed Services of the Senate and the Chair
13
of the Committee on Armed Services of the
14
House of Representatives, with the concurrence
15
of the Majority Leader of the Senate and the
16
Speaker of the House of Representatives, shall
17
jointly designate one member of the Commis-
18
sion to serve as Chair of the Commission.
19
(B) VICE CHAIR.—The Ranking Member
20
of the Committee on Armed Services of the
21
Senate and the Ranking Member of the Com-
22
mittee on Armed Services of the House of Rep-
23
resentatives, with the concurrence of the Minor-
24
ity Leader of the Senate and the Minority
25
Leader of the House of Representatives, shall
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888
1
jointly designate one member of the Commis-
2
sion to serve as Vice Chair of the Commission.
3
(3) APPOINTMENTS.—
4
(A) APPOINTMENT DATE.—Members shall
5
be appointed to the Commission under para-
6
graph (1) by not later than 60 days after the
7
date of the establishment of the Commission.
8
(B) EFFECT OF NON-APPOINTMENT.—
9
(i) IN GENERAL.—If an appointment
10
under this subsection is not made by the
11
date specified under subparagraph (A), the
12
authority to make such appointment shall
13
devolve to a member of Congress of the
14
same party and same chamber eligible to
15
appoint under this subsection.
16
(ii) EXPIRATION
OF
APPOINTMENT
17
AUTHORITY.—If
18
made within 90 days of establishment, the
19
authority to make such appointment shall
20
expire.
21
(C) RESTRICTION ON APPOINTMENT.—Of-
22
ficers or employees of the Federal Government
23
(other than experts or consultants the services
24
of which are procured under section 3109 of
25
title 5, United States Code) may not be ap-
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an appointment is not
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889
1
pointed as members of the Commission. Noth-
2
ing in this subparagraph precludes the appoint-
3
ment of any retired or former officer or em-
4
ployee of the Federal government.
5
(D) RESTRICTION ON MEMBERS OF CON-
6
GRESS.—Members
7
on the Commission.
8
(4) PERIOD OF APPOINTMENT; VACANCIES; RE-
9
of Congress may not serve
MOVAL OF MEMBERS.—
10
(A) APPOINTMENT DURATION.—Members
11
shall be appointed for the life of the Commis-
12
sion.
13
(B) VACANCIES.—Any vacancy in the
14
Commission shall not affect its powers, but
15
shall be filled in the same manner as the origi-
16
nal appointment.
17
(C) REMOVAL OF MEMBERS.—A member
18
may be removed from the Commission for cause
19
by the individual serving in the position respon-
20
sible for the original appointment of such mem-
21
ber under subsection (b)(1), provided that no-
22
tice has first been provided to such member of
23
the cause for removal and voted and agreed
24
upon by three quarters of the members serving.
25
A vacancy created by the removal of a member
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1
under this subsection shall not affect the pow-
2
ers of the Commission, and shall be filled in the
3
same manner as the original appointment was
4
made.
5
(5) QUORUM.—.A majority of the members
6
serving on the Commission shall constitute a
7
quorum.
8
(6) INITIAL MEETING.—Not later than 30 days
9
after the date on which all members of the Commis-
10
sion have been appointed as published in the Con-
11
gressional Record, the Commission shall hold its ini-
12
tial meeting.
13
(c) PERSONNEL MATTERS.—
14
(1) STATUS AS FEDERAL EMPLOYEES.—Not-
15
withstanding the requirements of section 2105 of
16
title 5, United States Code, including the required
17
supervision under subsection (a)(3) of such section,
18
members of the Commission shall be deemed to be
19
Federal employees in the legislative branch subject
20
to all the laws and policies applicable to legislative
21
branch employees.
22
(2) OATH
OF OFFICE.—Notwithstanding
the
23
provision of section 2903(b) of title 5, United States
24
Code, an employee of an Executive Branch agency,
25
otherwise authorized to administer oaths under sec-
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1
tion 2903 of title 5, United States Code, may ad-
2
minister the oath of office to Commissioners for the
3
purpose of their service to the Commission.
4
(3) SECURITY CLEARANCES.—The appropriate
5
Federal departments or agencies shall cooperate
6
with the Commission in expeditiously providing to
7
the Commission members and staff appropriate se-
8
curity clearances to the extent possible pursuant to
9
existing procedures and requirements, except that no
10
person may be provided with access to classified in-
11
formation under this Act without the appropriate se-
12
curity clearances.
13
(4) PAY FOR MEMBERS.—Each member of the
14
Commission may be compensated at a rate not to
15
exceed the daily equivalent of the annual rate of
16
basic pay payable for level IV of the Executive
17
Schedule under section 5315 of title 5, United
18
States Code, for each day (including travel time)
19
during which such member is engaged in the per-
20
formance of the duties of the Commission. All mem-
21
bers of the Commission who are officers or employ-
22
ees of the United States shall serve without com-
23
pensation additional to that received for their serv-
24
ices as officers or employees of the United States.
25
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(5) STAFF.—
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892
1
(A) EXECUTIVE DIRECTOR.—The Chair of
2
the Commission may appoint and fix the rate of
3
basic pay for an Executive Director in accord-
4
ance with section 3161 of title 5, United States
5
Code.
6
(B) COMMISSION STAFF.—The Executive
7
Director may appoint and fix the rate of basic
8
pay for additional personnel as staff of the
9
Commission in accordance with section 3161 of
10
title 5, United States Code.
11
(C) DETAILEES AUTHORIZED.—On a reim-
12
bursable or non-reimbursable basis, the heads
13
of departments and agencies of the Federal
14
Government may provide, and the Commission
15
may accept personnel detailed from such de-
16
partments and agencies, including active-duty
17
military personnel.
18
(D) TRAVEL
EXPENSES.—The
members
19
and staff of the Commission shall be allowed
20
travel expenses, including per diem in lieu of
21
subsistence, at rates authorized for employees
22
of agencies under subchapter I of chapter 57 of
23
title 5, United States Code, while away from
24
their homes or regular places of business in the
25
performance of services for the Commission.
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893
1
(d) SUPPORT.—
2
3
(1) ASSISTANCE FROM DEPARTMENT OF DEFENSE.—
4
(A) IN GENERAL.—Of the amounts author-
5
ized to be appropriated for the Department of
6
Defense for support of the Commission, the
7
Secretary may make transfers to the Commis-
8
sion for Commission expenses, including com-
9
pensation of Commission members, officers, and
10
employees, and provision of other such services,
11
funds, facilities, and other support services as
12
necessary for the performance of the Commis-
13
sion’s functions. Funds made available to sup-
14
port and provide assistance to the Commission
15
may be used for payment of compensation of
16
members, officers, and employees of the Com-
17
mission without transfer under this subpara-
18
graph. Amounts transferred under this sub-
19
paragraph shall remain available until ex-
20
pended. Transfer authority provided by this
21
subparagraph is in addition to any other trans-
22
fer authority provided by law. Section 2215 of
23
title 10, United States Code, shall not apply to
24
a transfer of funds under this subparagraph.
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894
1
(B) TREASURY ACCOUNT AUTHORIZED.—
2
The Secretary of the Treasury may establish an
3
account or accounts for the Commission from
4
which any amounts transferred under this
5
clause may be used for activities of the Com-
6
mission.
7
(2) LIAISON.—The Secretary shall designate at
8
least one officer or employee of the Department of
9
Defense to serve as a liaison officer between the De-
10
partment and the Commission.
11
(3) ADDITIONAL SUPPORT.—To the extent that
12
funds are available for such purpose, or on a reim-
13
bursable basis, the Secretary may, at the request of
14
the Chair of the Commission—
15
(A) enter into contracts for the acquisition
16
of administrative supplies and equipment for
17
use by the Commission; and
18
(B) make available the services of a Fed-
19
eral funded research and development center or
20
an independent, nongovernmental organization,
21
described under section 501(c)(3) of the Inter-
22
nal Revenue Code of 1986 and exempt from
23
taxation under section 501(a) of such Code.
24
(4) PRELIMINARY
25
ADMINISTRATIVE
SUPPORT
AUTHORIZED.—Upon the appointment of the Chair
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895
1
and Vice Chair under subsection (b), the Secretary
2
may provide administrative support authorized
3
under this section necessary to facilitate the stand-
4
ing up of the Commission.
5
(e) TERMINATION OF COMMISSION.—The Commis-
6 sion shall terminate 90 days after the submission of the
7 report required by subsection (a)(5)(A).
8
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Prohibition on the use of funds from carrying out a hiring freeze,
reduction in force, or hiring delay without cause at a public
shipyard.
Sec. 1102. Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam.
Sec. 1103. Modification of temporary authority to appoint retired members of
the armed forces to positions in the Department of Defense.
Sec. 1104. Revisions to limitations on pay for officers and crews of maritime
vessels operated by or for the United States.
Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1107. Modifications to total force management requirements.
Sec. 1108. Definition of defense industrial base facility for purposes of direct
hire authority.
Sec. 1109. Payment of retention bonuses to DOD civilian employees in Guam.
Sec. 1110. Amendments to title 5, United States Code.
Sec. 1111. Educational travel authority for dependents of certain employees.
Sec. 1112. Modification of direct hire authority for domestic defense industrial
base facilities.
Sec. 1113. Cyber workforce recruitment and retention.
Sec. 1114. Public shipyard apprentice program.
Sec. 1115. Personnel management.
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1
SEC. 1101. PROHIBITION ON THE USE OF FUNDS FROM CAR-
2
RYING OUT A HIRING FREEZE, REDUCTION IN
3
FORCE, OR HIRING DELAY WITHOUT CAUSE
4
AT A PUBLIC SHIPYARD.
5
None of the funds authorized to be appropriated by
6 this Act or otherwise made available for fiscal year 2026
7 for the Department of Defense may be used to—
8
(1) carry out a hiring freeze at a public ship-
9
yard;
10
(2) carry out a reduction in force at a public
11
shipyard; or
12
(3) delay without cause the filling of a vacant
13
Federal civilian employee position at a public ship-
14
yard.
15
SEC. 1102. LIVING QUARTER ALLOWANCE FOR DEPART-
16
MENT OF DEFENSE CIVILIAN EMPLOYEES
17
WITH PERMANENT DUTY STATION IN GUAM.
18
Section 1102 of the National Defense Authorization
19 Act for Fiscal Year 2024 (Public Law 118–31) is amend20 ed—
21
(1) in the section heading, by striking ‘‘DE-
22
PARTMENT OF THE NAVY CIVILIAN EMPLOY-
23
EES ASSIGNED TO PERMANENT DUTY IN GUAM
24
FOR
25
WORK BEING PERFORMED, ABOARD OR DOCK-
26
SIDE, OF U.S. NAVAL VESSELS’’
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PERFORMING
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WORK,
OR
SUPPORTING
and inserting
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897
1
‘‘CIVILIAN EMPLOYEES OF THE DEPARTMENT
2
OF DEFENSE STATIONED IN GUAM’’;
3
(2) in subsection (a), by striking ‘‘Secretary of
4
the Navy’’ and inserting ‘‘Secretary of Defense’’;
5
and
6
(3) by striking subsection (b) and inserting the
7
following:
8
‘‘(b) REPORT.—Not later than 1 year after the date
9 of the enactment of the National Defense Authorization
10 Act for Fiscal Year 2026 and annually thereafter for the
11 following 2 years, the Secretary shall submit a report to
12 the congressional defense committees on the use of the au13 thority provided under this section.
14
‘‘(c) COVERED EMPLOYEE DEFINED.—In this sec-
15 tion, the term ‘covered employee’ means any civilian em16 ployee of the Department of Defense whose permanent
17 duty station is located in Guam.
18
‘‘(d) SUNSET.—The authority to carry out this sec-
19 tion shall terminate 3 years after the date of the enact20 ment of the National Defense Authorization Act for Fiscal
21 Year 2026.’’.
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1
SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO
2
APPOINT RETIRED MEMBERS OF THE ARMED
3
FORCES TO POSITIONS IN THE DEPARTMENT
4
OF DEFENSE.
5
Section 1108 of the William M. (Mac) Thornberry
6 National Defense Authorization Act for Fiscal Year 2021
7 (Public Law 116–283) is amended—
8
(1) in subsection (b)(1)(A)—
9
(A) in clause (i), by striking ‘‘or’’ at the
10
end;
11
(B) in clause (ii), by striking ‘‘and’’ at the
12
end and inserting ‘‘or’’; and
13
(C) by inserting after clause (ii) the fol-
14
lowing:
15
‘‘(iii) licensed medical personnel; and’’; and
16
(2) in subsection (d), by striking ‘‘this Act’’ and
17
inserting ‘‘the National Defense Authorization Act
18
for Fiscal Year 2026’’.
19
SEC. 1104. REVISIONS TO LIMITATIONS ON PAY FOR OFFI-
20
CERS AND CREWS OF MARITIME VESSELS OP-
21
ERATED BY OR FOR THE UNITED STATES.
22
Section 5348 of title 5, United States Code is amend-
23 ed—
24
25
26
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(1) in subsection (a)—
(A) by striking ‘‘subsection (b) of this section’’ and inserting ‘‘subsection (c)’’; and
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899
1
(B) by inserting before the period at the
2
end the following: ‘‘, not to exceed the rate of
3
pay for the Vice President under section 104 of
4
title 3’’;
5
(2) by redesignating subsection (b) as sub-
6
section (c); and
7
(3) by inserting after subsection (a) the fol-
8
lowing new subsection (b):
9
‘‘(b) The aggregate pay limitation prescribed under
10 section 5307 shall not apply to an employee whose pay
11 is fixed under subsection (a).’’.
12
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE
13
ANNUAL LIMITATION ON PREMIUM PAY AND
14
AGGREGATE LIMITATION ON PAY FOR FED-
15
ERAL CIVILIAN EMPLOYEES WORKING OVER-
16
SEAS.
17
Subsection (a) of section 1101 of the Duncan Hunter
18 National Defense Authorization Act for Fiscal Year 2009
19 (Public Law 110–417; 122 Stat. 4615), as most recently
20 amended by section 1104 of the Servicemember Quality
21 of Life Improvement and National Defense Authorization
22 Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
23 2087), is further amended by striking ‘‘through 2025’’
24 and inserting ‘‘through 2026’’.
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900
1
SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
2
ITY TO GRANT ALLOWANCES, BENEFITS, AND
3
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
4
FICIAL DUTY IN A COMBAT ZONE.
5
Paragraph (2) of section 1603(a) of the Emergency
6 Supplemental Appropriations Act for Defense, the Global
7 War on Terror, and Hurricane Recovery, 2006 (Public
8 Law 109–234; 120 Stat. 443), as added by section 1102
9 of the Duncan Hunter National Defense Authorization
10 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
11 4616) and as most recently amended by section 1105 of
12 the Servicemember Quality of Life Improvement and Na13 tional Defense Authorization Act for Fiscal Year 2025
14 (Public Law 118–159), is further amended by striking
15 ‘‘2026’’ and inserting ‘‘2027’’.
16
SEC. 1107. MODIFICATIONS TO TOTAL FORCE MANAGE-
17
18
MENT REQUIREMENTS.
(a) GUIDANCE.—Not later than 30 days after the
19 date of the enactment of this Act, the Office of the Sec20 retary of Defense shall, in consultation with each Sec21 retary of a military department, provide guidance to each
22 such Secretary on the analysis required under subsection
23 (b) of section 129a of title 10, United States Code. Such
24 guidance shall include defining the seven required ele25 ments of the analysis under such subsection, on either a
26 Department-wide or component level.
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1
(b) ADDITIONAL LIMITATIONS ON REDUCTIONS.—
2 Such section 129a is amended in subsection (b) by insert3 ing after ‘‘full-time equivalent levels’’ the following: ‘‘, or
4 conduct any reductions or realignments that occur outside
5 the normal programming process (including ad hoc, imme6 diate, or unprogrammed changes) of 50 employees or more
7 implemented before or after the submission of the annual
8 budget request,’’.
9
(c) ADDITIONAL REQUIREMENTS.—Such section
10 129a is amended by adding at the end the following:
11
‘‘(h) REPORT TO CONGRESSIONAL DEFENSE COM-
12
MITTEES.—Not later than 1 year after the date of the en-
13 actment of this subsection and annually thereafter, the
14 Secretary of Defense shall submit a report to the congres15 sional defense committees containing the analysis con16 ducted pursuant to subsection (b).’’.
17
(d) RIF NOTIFICATION.—Section 1597(d) of title 10,
18 United States Code, is amended—
19
20
(1) in the subsection heading, by inserting ‘‘OR
SIGNIFICANT’’ after ‘‘INVOLUNTARY’’;
21
(2) by striking ‘‘or furlough of’’ and inserting
22
‘‘furlough, or significant reduction of over 50’’; and
23
(3) by adding after the period at the end the
24
following: ‘‘The Secretary shall notify the congres-
25
sional defense committees and each Member of Con-
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902
1
gress representing the area in which reductions are
2
ordered. Such notification shall include billet, activ-
3
ity name, number of employees at the location, num-
4
ber of employees involuntarily separated by billet,
5
reason for the personnel action, actions to mitigate
6
reductions, and savings and costs.’’.
7
(e) BRIEFING.—Not later than 60 days after the date
8 of the enactment of this Act, the Office of the Secretary
9 of Defense shall provide the congressional defense commit10 tees with a briefing on the following:
11
12
(1) The implementation of subsection (a) of this
section.
13
(2) Efforts to update DOD Directive 1100.4
14
and DOD Instruction 1100.22 to address the anal-
15
ysis required under subsection (b) of such section
16
129a, as amended by this section.
17
SEC. 1108. DEFINITION OF DEFENSE INDUSTRIAL BASE FA-
18
CILITY FOR PURPOSES OF DIRECT HIRE AU-
19
THORITY.
20
Section 1125(c) of the National Defense Authoriza-
21 tion Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.;
22 Public Law 114–328) is amended by inserting ‘‘and in23 cludes supporting units of a facility at an installation or
24 base’’ after ‘‘United States’’.
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903
1
SEC. 1109. PAYMENT OF RETENTION BONUSES TO DOD CI-
2
3
VILIAN EMPLOYEES IN GUAM.
Chapter 81 of title 10, United States Code, is amend-
4 ed by inserting after section 1599d the following (and con5 forming the table of contents for such chapter accord6 ingly):
7 ‘‘§ 1599e. Payment of retention bonuses to DOD civil8
9
ian employees in Guam.
‘‘Notwithstanding subsection (f) of section 5754 of
10 title 5, the Secretary of Defense or Secretary of a military
11 department may waive the limit established under sub12 section (e)(1) of such section and pay an otherwise eligible
13 employee or category of employees in the territory of
14 Guam retention bonuses of up to 50 percent of basic pay,
15 based on a critical agency need.’’.
16
SEC. 1110. AMENDMENTS TO TITLE 5, UNITED STATES
17
CODE.
18
(a) MODERNIZING COMPETITIVE HIRING AUTHORI-
19
TIES FOR DEPARTMENT OF DEFENSE.—Section 3301 of
20 title 5, United States Code, is amended—
21
22
(1) by striking ‘‘The President’’ and inserting
‘‘(a) IN GENERAL.—The President’’; and
23
(2) by adding at the end the following new sub-
24
section:
25
‘‘(b) DOD PROCEDURES.—The President may au-
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904
1 fication, examination, and assessment procedures for posi2 tions in the competitive service based primarily on job-re3 lated competencies and skills, including the use of struc4 tured interviews, technical evaluations, or skills-based as5 sessments, and alternative assessments.’’.
6
7
(b)
MODERNIZING
PUBLIC
NOTICE
REQUIRE-
MENTS.—Section 3327 of title 5, United States Code, is
8 amended by adding at the end the following:
9
‘‘(c) The Office of Personnel Management may au-
10 thorize the Department of Defense to use flexible outreach
11 methods, including curated prospect sourcing, provided
12 that all hiring opportunities remain publicly accessible and
13 merit-based.’’.
14
15
(c) ELIMINATION
OF
TIME-IN-GRADE RESTRIC-
TIONS.—Section 3361 of title 5, United States Code, is
16 amended—
17
18
(1) by striking ‘‘An individual’’ and inserting
‘‘(a) IN GENERAL.—An individual’’; and
19
20
(2) by adding at the end the following:
‘‘(b) DOD PROMOTIONS.—Promotions in the com-
21 petitive service within the Department of Defense may be
22 made based on demonstrated skills and qualifications
23 without regard to minimum time-in-grade requirements,
24 subject to agency policies and applicable merit system
25 principles.’’.
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905
1
2
(d) SHARED TALENT POOLS AND STRUCTURED ASSESSMENTS.—Subchapter
I of chapter 33 of title 5,
3 United States Code, is amended by adding at the end the
4 following (and conforming the table of sections at the be5 ginning of such subchapter accordingly):
6 ‘‘§ 3330g. DOD use of shared talent pools and struc7
8
tured assessments
‘‘(a) SHARED TALENT POOLS.—The Department of
9 Defense may share certificates of eligibles and curated
10 prospect pools within the Department. Certificates issued
11 under this authority shall remain valid for not less than
12 one year from the date of issuance, subject to agency-spe13 cific qualification checks.
14
‘‘(b) STRUCTURED ASSESSMENTS.—The Department
15 of Defense shall use validated structured interviews, tech16 nical evaluations, or other skills-based assessments as part
17 of the hiring process for competitive service positions at
18 the Department, in accordance with regulations prescribed
19 by the Office of Personnel Management.’’.
20
(e) REPORT.—Not later than 1 year after the date
21 of the enactment of this Act, the Secretary of Defense
22 shall submit a report to the congressional defense commit23 tees on the impact of this subtitle and the amendments
24 made by this subtitle on hiring at the Department of De25 fense. Such report shall include an analysis on the impact
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1 on the length of the hiring process, the quality of appli2 cants, the useability of the system for applicants and the
3 Department, the total number of individuals appointed
4 through alternative job postings, the total number of indi5 viduals appointed from a shared applicant pool, and any
6 identified challenges to hiring.
7
SEC. 1111. EDUCATIONAL TRAVEL AUTHORITY FOR DE-
8
PENDENTS OF CERTAIN EMPLOYEES.
9
(a) IN GENERAL.—Notwithstanding section 1599b of
10 title 10, United States Code, the Secretary of Defense
11 shall direct the Director of the Defense Travel Manage12 ment Office to update the Joint Travel Regulations, not
13 later than February 1, 2026, to authorize educational
14 travel for a dependent of a covered employee without re15 gard to whether the Federal agency responsible for the
16 employment of the covered employee anticipates that the
17 covered employee will, during the 30-day period following
18 the scheduled date of the dependent’s departure for the
19 travel, be transferred to a location in the United States
20 or travel to the United States for home leave.
21
(b) BRIEFINGS REQUIRED.—
22
(1) INITIAL BRIEFING.—Not later than Feb-
23
ruary 1, 2026, the Secretary shall brief the Commit-
24
tees on Armed Services of the Senate and the House
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1
of Representatives on the update to the Joint Travel
2
Regulations required by subsection (a).
3
(2) SUBSEQUENT BRIEFINGS.—Not later than
4
one year after providing the briefing required by
5
paragraph (1) and annually thereafter until Feb-
6
ruary 1, 2029, the Secretary shall brief the Commit-
7
tees on Armed Services of the Senate and the House
8
of Representatives on the use of the authority de-
9
scribed in subsection (a) and the cost to the Federal
10
Government of the use of that authority.
11
(c) COVERED EMPLOYEE DEFINED.—In this section,
12 the term ‘‘covered employee’’ means an employee of the
13 Department of Defense Education Activity assigned to
14 United States Naval Station, Guantanamo Bay, Cuba.
15
SEC. 1112. MODIFICATION OF DIRECT HIRE AUTHORITY
16
FOR DOMESTIC DEFENSE INDUSTRIAL BASE
17
FACILITIES.
18
Section 1125(a) of the National Defense Authoriza-
19 tion Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.)
20 is amended by inserting ‘‘, including to Navy Supervisor
21 of Shipbuilding, Conversion, and Repair positions’’ after
22 ‘‘Facilities Base’’.
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1
SEC. 1113. CYBER WORKFORCE RECRUITMENT AND RETEN-
2
3
TION.
Section 1599f of title 10, United States Code, is
4 amended—
5
(1) in subsection (a)(1)(A)—
6
(A) in clause (ii), by striking ‘‘and’’ at the
7
end; and
8
(B) by inserting after clause (iii) the fol-
9
lowing:
10
‘‘(iv) positions held in combatant com-
11
mands, defense agencies, and field activi-
12
ties supporting the United States Cyber
13
Command; and
14
‘‘(v) up to 500 positions not otherwise
15
described in clauses (i) through (iv) that
16
the Secretary determines are hard-to-fill,
17
highly skilled positions critical to cyber-
18
space planning and operations in defense
19
of, and which advance, U.S. national inter-
20
ests in collaboration with domestic and
21
international partners.’’;
22
(2) by amending subsection (b) to read as fol-
23
lows:
24
‘‘(b) RATES OF PAY.—The Secretary—
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1
‘‘(1) consistent with paragraph (2), shall fix the
2
rates of basic pay for employees appointed under
3
subsection (a)(1)(B)—
4
‘‘(A) with a rate of pay provided for em-
5
ployees in comparable positions in the Federal
6
Government; and
7
‘‘(B) subject to the same limitations on
8
maximum rates of pay established for such em-
9
ployees by statute or regulation; and
10
‘‘(2) may prescribe a rate of basic pay for such
11
an employee so appointed at a rate not to exceed a
12
rate equal to 150 percent of the maximum rate of
13
basic pay authorized for positions at level I of the
14
Executive Schedule under section 5312 of title 5.’’;
15
(3) in subsection (h)—
16
(A) in paragraph (1), by striking ‘‘five
17
years after the date of the enactment of this
18
section’’ and inserting ‘‘three years after the
19
date of the enactment of the National Defense
20
Authorization Act for Fiscal Year 2026’’; and
21
22
(B) in paragraph (2)(D), by adding at the
end the following:
23
‘‘(vii) The total number of positions,
24
the title, duties, and responsibilities of
25
each position, and the location of each po-
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1
sition, including the assigned department,
2
agency, command, and cost of establishing,
3
appointing, and paying the salary of such
4
positions.
5
‘‘(viii) A description of—
6
‘‘(I) how the Department has
7
used the pay authorities in subsection
8
(b); and
9
‘‘(II) the effect of such authori-
10
ties on recruitment and retention in
11
the Cyber Excepted Service.’’;
12
(4) by redesignating subsection (k) as sub-
13
section (l); and
14
(5) by inserting after subsection (j) the fol-
15
lowing:
16
‘‘(k) FEDERAL WAGE SYSTEM POSITIONS.—The Sec-
17 retary may—
18
‘‘(1) consistent with section 5341 of title 5,
19
adopt such provisions of that title to provide for pre-
20
vailing rate systems of basic pay; and
21
‘‘(2) apply those provisions to qualified posi-
22
tions for employees in or under which the Depart-
23
ment may employ individuals described by section
24
5342(a)(2)(A) of such title.’’.
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1
2
SEC. 1114. PUBLIC SHIPYARD APPRENTICE PROGRAM.
(a) FISCAL YEAR 2026 CLASSES.—During fiscal year
3 2026, the Secretary of the Navy shall induct, at each of
4 the Navy shipyards, a class of not fewer than 100 appren5 tices.
6
(b) FISCAL YEAR 2027 COSTS.—The Secretary of the
7 Navy shall include the costs of the classes of Navy ship8 yard apprentices to be inducted in fiscal year 2027 in the
9 materials of the Department of Defense supporting the
10 fiscal year 2027 budget request submitted to Congress by
11 the President pursuant to section 1105(a) of title 31,
12 United States Code.
13
14
SEC. 1115. PERSONNEL MANAGEMENT.
(a) POLICY AND REGULATIONS.—The Secretary of
15 Defense shall establish policy and prescribe regulations for
16 the overall management, oversight, and administration of
17 civilian employees of the military departments. Such policy
18 and such regulations shall provide for such management,
19 oversight, and administration to be under the purview of—
20
(1) with respect to civilian employees of the De-
21
partment of the Army, a Deputy Chief of Staff of
22
the Army detailed to that position under section
23
7035 of title 10, United States Code;
24
(2) with respect to civilian employees of the De-
25
partment of the Navy, the Chief of Naval Personnel
26
appointed under section 8081 of such title; and
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1
(3) with respect to civilian employees of the De-
2
partment of the Air Force, a Deputy Chief of Staff
3
of the Air Force detailed to that position under sec-
4
tion 9035 of such title.
5
(b) IMPLEMENTATION.—
6
(1) PLAN.—Not later than 180 days after the
7
date of the enactment of this Act, the Secretary of
8
Defense shall submit to the Committees on Armed
9
Services of the Senate and the House of Representa-
10
tives a plan to implement subsection (a).
11
(2) ISSUANCE
OF
REGULATIONS.—The
Sec-
12
retary of Defense shall establish policy and prescribe
13
regulations under subsection (a) not later than one
14
year after the date of the enactment of this Act.
15
(3) EFFECTIVE DATE.—Subsection (a) and the
16
policy established and regulations prescribed under
17
subsection (a) shall take effect on the date that is
18
one year after the date of the enactment of this Act.
19
TITLE XII—MATTERS RELATING
TO FOREIGN NATIONS
20
Subtitle A—Assistance and Training
Sec. 1201. Modification of authorities.
Sec. 1202. Modification of authority to build capacity of foreign security forces.
Sec. 1203. Modification of payment of costs for Regional Centers for Security
Studies.
Sec. 1204. Modification to Irregular Warfare Center and Regional Defense Fellowship Program.
Sec. 1205. Modification of authority for Naval Small Craft Instruction and
Technical Training School.
Sec. 1206. State partnership program selection analysis.
Sec. 1207. Enhancement of international biodefense capacity.
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Subtitle B—Foreign Military Sales and Related Processes
Sec. 1211. Improvements to security cooperation workforce and defense acquisition workforce.
Sec. 1212. Modifications to foreign military sales processes.
Sec. 1213. Periodic review of FMS-only list.
Sec. 1214. Assessment and establishment of office to support the acquisition of
specified non-program of record systems by foreign allies and
partners.
Sec. 1215. Guidance for coordination of international arms transfers.
Subtitle C—Matters Relating to the Middle East
Sec. 1221. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1222. Extension and modification of annual report on military power of
Iran.
Sec. 1223. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
Sec. 1224. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1225. Counter-terrorism support.
Sec. 1226. Enhancing security partnership with Jordan and Lebanon.
Sec. 1227. Prohibition on funding to the Badr Organization.
Sec. 1228. Limitation on availability of funds for the Iraqi security forces.
Sec. 1229. Report on strategy for increasing membership in the Comprehensive
Security Integration and Prosperity Agreement.
Sec. 1229A. Report on ISIS detention facilities in Syria.
Sec. 1229B. Report on United States force posture and activities in Syria.
Subtitle D—Matters Relating to Israel
Sec. 1231. Extension and modification of United States-Israel anti-tunnel cooperation.
Sec. 1232. Extension and modification of United States-Israel cooperation to
counter unmanned systems in all warfighting domains.
Sec. 1233. Modification of certain temporary authorizations related to munitions replacement.
Sec. 1234. Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United
States and certain partner countries.
Sec. 1235. Report on United States-Israel military exercises.
Subtitle E—Matters Relating to Europe, Ukraine, and the Russian
Federation
Sec. 1241. Modification and extension of annual report on military and security
developments involving the Russian Federation.
Sec. 1242. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1243. Extension and modification of Ukraine Security Assistance Initiative.
Sec. 1244. Military intelligence support for Ukraine.
Sec. 1245. Report relating to allied and partner support to Ukraine.
Sec. 1246. Allied contributions to United States force posture on NATO’s eastern flank.
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Sec. 1247. Baltic Security Initiative.
Sec. 1248. Modification of United States basing and training, and exercises in
North Atlantic Treaty Organization member countries.
Sec. 1249. Oversight of United States military posture in Europe.
Sec. 1250. Report on United States deterrence and defense posture in the European region.
Subtitle F—Matters Relating to the Indo-Pacific Region
Sec. 1251. Extension of Pacific Deterrence Initiative.
Sec. 1252. Extension of Indo-Pacific extended deterrence education pilot program.
Sec. 1253. Partnership for Indo-Pacific Industrial Resilience.
Sec. 1254. Strategy to strengthen multilateral defense in the Indo-Pacific.
Sec. 1255. Sense of Congress on defense alliances and partnerships in the IndoPacific region.
Subtitle G—Matters Relating to Asia
Sec. 1261. Extension of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia.
Sec. 1262. Preventing circumvention by Chinese military companies in thirdparty countries.
Sec. 1263. Inclusion on list of Chinese military companies of entities added to
certain other lists.
Sec. 1264. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1265. Modification of Taiwan security cooperation initiative.
Sec. 1266. Joint program with Taiwan to enable fielding of uncrewed systems
and counter-uncrewed systems capabilities.
Sec. 1267. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1268. Oversight of United States military posture on the Korean Peninsula.
Sec. 1269. Report on enhanced defense relations with the Philippines.
Sec. 1270. Modernizing the defense capabilities of the Philippines.
Subtitle H—Other Matters
Sec. 1271. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1272. Repeal of war-related reporting requirements for concluded operations.
Sec. 1273. Defending international security by restricting unacceptable partnerships and tactics.
Sec. 1274. Report regarding joint training with Mexico to counter transnational
criminal organizations.
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Subtitle A—Assistance and
Training
1
2
3
4
SEC. 1201. MODIFICATION OF AUTHORITIES.
(a) TRAINING WITH FRIENDLY FOREIGN COUN-
5
TRIES:
6
PENSES.—
PAYMENT
OF
TRAINING
AND
EXERCISE EX-
7
(1) TRAINING AUTHORIZED.—Subsection (a) of
8
section 321 of title 10, United States Code, is
9
amended—
10
(A) in paragraph (1), by striking ‘‘or other
11
security forces’’ and inserting ‘‘, or other na-
12
tional security forces that perform a similar
13
function,’’;
14
(B) by striking paragraph (2); and
15
(C) by redesignating paragraphs (3) and
16
(4) as paragraphs (2) and (3), respectively.
17
(2) AUTHORITY TO PAY TRAINING AND EXER-
18
CISE EXPENSES.—Subsection (b) of such section is
19
amended—
20
(A) in the matter preceding paragraph (1),
21
by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
22
section (f)’’;
23
24
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(B) by amending paragraph (1) to read as
follows:
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916
1
‘‘(1) Expenses of forces assigned or allocated to
2
that command in conjunction with training and exer-
3
cises conducted pursuant to this section.’’;
4
(C) by striking paragraphs (2) and (4);
5
(D) by redesignating paragraphs (3) and
6
(5) as paragraphs (2) and (3), respectively;
7
(E) in paragraph (2), as so redesignated,
8
by striking ‘‘such training, as specified in the
9
regulations’’ and inserting ‘‘training and exer-
10
cises conducted pursuant to this section’’; and
11
(F) in paragraph (3), as so redesignated,
12
by striking ‘‘training described in’’ and all that
13
follows through ‘‘paragraph (4)’’ and inserting
14
‘‘training and exercises conducted pursuant to
15
this section’’.
16
(3) QUARTERLY
REPORT.—Subsection
(e) of
17
such section is amended to read as follows:
18
‘‘(e) QUARTERLY REPORT.—Not less frequently than
19 quarterly, the Secretary of Defense shall submit to the ap20 propriate committees of Congress a report on training and
21 exercises conducted pursuant to this section during the
22 preceding 90-day period.’’.
23
(4) CONFORMING AMENDMENTS.—
24
(A) SECTION HEADING.—Section 321 of
25
title 10, United States Code, is amended, in the
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1
section heading, by inserting ‘‘and exer-
2
cises’’ after ‘‘Training’’.
3
(B) TABLE OF SECTIONS.—The table of
4
sections for subchapter III of chapter 16 of title
5
10, United States Code, is amended by striking
6
the item relating to section 321 and inserting
7
the following:
‘‘321. Training and exercises with friendly foreign countries: payment of training and exercise expenses.’’.
8
(b) REPEAL OF SECRETARY OF DEFENSE STRATEGIC
9 COMPETITION INITIATIVE.—Section 1332 of the National
10 Defense Authorization Act for Fiscal Year 2022 (Public
11 Law 117–81; 135 Stat. 2007; 10 U.S.C. 301 note) is re12 pealed.
13
SEC. 1202. MODIFICATION OF AUTHORITY TO BUILD CAPAC-
14
ITY OF FOREIGN SECURITY FORCES.
15
Subsection (g)(2) of section 333 of title 10, United
16 States Code, is amended by striking ‘‘made’’ after
17 ‘‘Amounts’’.
18
SEC. 1203. MODIFICATION OF PAYMENT OF COSTS FOR RE-
19
20
GIONAL CENTERS FOR SECURITY STUDIES.
Section 342(f)(3)(A) of title 10, United States Code,
21 is amended, in the first sentence, by striking ‘‘from a de22 veloping country’’.
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1
SEC. 1204. MODIFICATION TO IRREGULAR WARFARE CEN-
2
TER AND REGIONAL DEFENSE FELLOWSHIP
3
PROGRAM.
4
Section 345(c)(4)(B) of title 10, United States Code,
5 is amended by striking ‘‘The Director of the Defense Secu6 rity Cooperation Agency’’ and inserting ‘‘ ‘The Assistant
7 Secretary of Defense for Special Operations and Low-In8 tensity Conflict’’.
9
SEC. 1205. MODIFICATION OF AUTHORITY FOR NAVAL
10
SMALL CRAFT INSTRUCTION AND TECHNICAL
11
TRAINING SCHOOL.
12
Section 352 of title 10, United States Code, is
13 amended—
14
15
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’; and
16
(2) in subsection (e), by adding at the end the
17
following new paragraph:
18
‘‘(3) Tuition fees charged for personnel who attend
19 the School may not include any amount for the fixed costs
20 of operating and maintaining the School.’’.
21
SEC. 1206. STATE PARTNERSHIP PROGRAM SELECTION
22
23
ANALYSIS.
The Secretary of Defense shall make such changes
24 to Department of Defense Instruction 5111.20 (relating
25 to the State Partnership Program), or a successor instruc26 tion, as may be necessary to ensure that, in performing
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1 selection analysis for the State Partnership Program
2 under section 341 of title 10, United States Code, the
3 Chief of the National Guard Bureau considers—
4
(1) the number of current partnerships as-
5
signed to the National Guard of a State; and
6
(2) the capacity of the National Guard of a
7
State in relation to the number of assigned coun-
8
tries.
9
SEC.
1207.
10
ENHANCEMENT
OF
INTERNATIONAL
BIO-
DEFENSE CAPACITY.
11
(a) CLARIFICATION OF ROLES AND RESPONSIBIL-
12
ITIES.—The Secretary of Defense shall direct the Assist-
13 ant Secretary of Defense for Nuclear Deterrence, Chem14 ical and Biological Defense Programs, in consultation with
15 the Director of the Defense Threat Reduction Agency, to
16 seek to enter into memoranda of understanding with other
17 departments and agencies of the Federal Government to
18 clarify the roles and responsibilities of those departments
19 and agencies for building biodefense capabilities inter20 nationally in execution of national security and other poli21 cies of the Federal Government, with the Secretary fo22 cused on working with defense counterparts in countries
23 that are allies or partners of the United States.
24
25
(b)
ELEMENTS
STANDING.—The
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MEMORANDA
OF
UNDER-
memoranda of understanding entered
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920
1 into under subsection (a) shall address how each relevant
2 department or agency selects partner countries and the
3 feasibility of coordinating efforts with each such country.
5
Subtitle B—Foreign Military Sales
and Related Processes
6
SEC. 1211. IMPROVEMENTS TO SECURITY COOPERATION
4
7
WORKFORCE
8
WORKFORCE.
9
10
AND
(a) RESPONSIBILITIES
DEFENSE
OF
ACQUISITION
SECRETARY
OF
DE-
FENSE.—The Secretary of Defense shall, consistent with
11 the requirements of section 384 of title 10, United States
12 Code, seek to ensure that—
13
(1) members of the defense acquisition work-
14
force engaged in foreign military sales planning and
15
execution—
16
(A) are aware of evolving United States
17
regional- and country-level foreign partner de-
18
fense capability-building priorities; and
19
(B) coordinate with the security coopera-
20
tion workforce to enhance responsiveness to for-
21
eign partner requests and defense capability-
22
building priorities; and
23
(2) evaluations of members of the defense ac-
24
quisition workforce measure—
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1
(A) adherence to meeting the foreign part-
2
ner defense capability-building requirements
3
identified in Department of Defense strategy
4
documents;
5
(B) responsiveness to foreign partner de-
6
fense capability-building requests;
7
(C) ability to meet foreign partner defense
8
capability-building delivery schedule require-
9
ments; and
10
(D) advancement of foreign partner de-
11
fense capability-building priorities identified in
12
the guidance described in subsection (b).
13
(b) GUIDANCE.—
14
(1) IN GENERAL.—Not later than 180 days
15
after the date of the enactment of this Act, the Sec-
16
retary of Defense shall update, as necessary, De-
17
partment of Defense guidance governing the execu-
18
tion of foreign military sales by the Department to
19
ensure that such guidance—
20
(A) incorporates priorities of the national
21
security strategy report (submitted pursuant to
22
section 108 of the National Security Act of
23
1947 (50 U.S.C. 3043)) and the national de-
24
fense strategy (required under section 113(g) of
25
title 10, United States Code);
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1
(B) is informed by the theater campaign
2
plans and theater security cooperation strate-
3
gies of the combatant commands;
4
(C) is disseminated to the security co-
5
operation workforce and the defense acquisition
6
workforce.
7
(2) ELEMENTS.—The updated guidance re-
8
quired by paragraph (1) shall—
9
(A) identify regional and country-level for-
10
eign partner defense capability-building prior-
11
ities;
12
(B) identify levels of urgency and desired
13
timelines for achieving foreign partner defense
14
capability-building priorities; and
15
(C) provide guidance to the defense acqui-
16
sition workforce and the security cooperation
17
workforce on levels of resourcing, innovation,
18
and risk tolerance that should be considered in
19
meeting urgent needs through the execution of
20
foreign military sales.
21
22
(c) FOREIGN MILITARY SALES CONTINUOUS PROCESS
IMPROVEMENT BOARD.—Section 1210(b)(2) of the
23 National Defense Authorization Act for Fiscal Year 2025
24 (22 U.S.C. 2671 note) is amended to read as follows:
25
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923
1
‘‘(A) IN GENERAL.—The Board shall be
2
composed of not fewer than seven members,
3
each of whom shall have expertise in security
4
cooperation, security assistance, defense acqui-
5
sition, business process reform, or any dis-
6
ciplines the Secretary determines to be impor-
7
tant to the functioning of the Board.
8
‘‘(B) CERTAIN MEMBERS.—
9
‘‘(i) IN GENERAL.—Up to three of the
10
members of the Board may be selected
11
from among individuals who are not any of
12
the following:
13
‘‘(I) Officers or employees of the
14
Department of Defense.
15
‘‘(II) Members of the Armed
16
Forces.
17
‘‘(III) A registered lobbyist.
18
‘‘(ii) CLEARANCE.—Each member of
19
the Board described in this subparagraph
20
shall be individuals who are determined to
21
be eligible for access to classified informa-
22
tion
23
Board.’’.
24
necessary
to
participate
(d) DEFINITIONS.—In this section:
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the
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1
(1) The term ‘‘defense acquisition workforce’’
2
means the Department of Defense acquisition work-
3
force described in chapter 87 of title 10, United
4
States Code.
5
(2) The term ‘‘security cooperation workforce’’
6
has the meaning given the term in section 384 of
7
title 10, United States Code.
8
SEC. 1212. MODIFICATIONS TO FOREIGN MILITARY SALES
9
10
PROCESSES.
(a) ACQUISITION STRATEGIES.—The Secretary of
11 Defense shall, with respect to the foreign military sales
12 process—
13
(1) establish a requirement that, in developing
14
letters of offer and acceptance for a foreign military
15
sale, the acquisition program manager, or other offi-
16
cial responsible for the program, shall develop an ac-
17
quisition strategy that is—
18
(A) informed by input from the purchaser
19
of such foreign military sale; and
20
(B) executed in a manner that effectively
21
addresses urgency of need and associated risk
22
tolerance of such purchaser; and
23
(2) in establishing such requirement, ensure
24
that such purchaser is provided an opportunity to
25
provide input on urgency of need and associated risk
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1
tolerance, alternative acquisition approaches that
2
may be taken to accelerate program delivery, and
3
the schedule, cost, and capability trade-offs associ-
4
ated with such alternate approaches.
5
(b) AGREEMENTS WITH MANUFACTURERS.—
6
(1) IN GENERAL.—A United States prime con-
7
tractor may enter into a covered agreement with a
8
manufacturer to begin the process of acquiring long-
9
lead Government-furnished equipment based on fore-
10
casted requirements prior to the execution of a con-
11
tract for a commercial sale or issuance of a letter of
12
offer and acceptance for a foreign military sale.
13
(2) DEPARTMENT OF DEFENSE POLICY.—
14
(A) IN GENERAL.—The Secretary of De-
15
fense and each Secretary of a military depart-
16
ment shall implement policies that allow United
17
States prime contractors to enter into covered
18
agreements described in paragraph (1).
19
20
(B) ELEMENTS.—The policies required by
subparagraph (A) shall require—
21
22
(i) United States prime contractors to
be responsible for—
23
(I) negotiating directly with the
24
manufacturer
25
nished equipment, including with re-
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Government-fur-
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1
spect to the terms and conditions de-
2
scribed in subsection (c)(1)(B); and
3
(II) providing any payment to
4
such manufacturer; and
5
(ii) transfer of Government-furnished
6
equipment from such manufacturer to the
7
prime contractor shall not occur until the
8
date on which a contract for a commercial
9
sale or letter of offer and acceptance is ex-
10
ecuted with respect to the foreign military
11
sale that is the subject of the covered
12
agreement.
13
(3) RULE OF CONSTRUCTION.—Nothing in this
14
subsection shall be construed as authorizing, requir-
15
ing, or providing for the United States Government
16
to assume any liability or other financial responsi-
17
bility with respect to a covered agreement.
18
(c) DEFINITIONS.—In this section:
19
(1) The term ‘‘covered agreement’’ means an
20
agreement between a United States prime contractor
21
and a manufacturer pursuant to which—
22
(A) the prime contractor, in anticipation of
23
a foreign military sale, enters into a contract
24
with the manufacturer for the production of one
25
or more defense articles (as defined in section
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1
301 of title 10, United States Code) that will
2
be supplied to the prime contractor as Govern-
3
ment-furnished equipment;
4
(B) the parties agree to the allocation of
5
risks, obligations, profits, and costs in the event
6
the anticipated foreign military sale does not
7
occur, including whether the defense articles
8
manufactured under the agreement are retained
9
by the manufacturer; and
10
(C) the United States Government as-
11
sumes no liability with respect to either party
12
in the event the anticipated foreign military sale
13
does not occur.
14
(2) The term ‘‘foreign military sales process’’
15
means the processes for foreign military sales au-
16
thorized under chapter 2 of the Arms Export Con-
17
trol Act (22 U.S.C. 2761 et seq.).
18
19
SEC. 1213. PERIODIC REVIEW OF FMS-ONLY LIST.
(a) REVIEW AND REPORT.—
20
(1) REVIEW.—Not later than 1 year after the
21
date of the enactment of this Act, and biennially
22
thereafter, the Secretary of State, in coordination
23
with the Secretary of Defense, shall complete a re-
24
view of defense articles and defense services that are
25
eligible to be provided under the foreign military
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1
sales program under chapter 2 of the Arms Export
2
Control Act (22 U.S.C. 2761 et seq.), but not eligi-
3
ble to be provided under direct commercial sales
4
under section 38 of such Act (22 U.S.C. 2778), in
5
order to identify those articles and services that
6
should also be eligible to be provided through such
7
direct commercial sales.
8
(2) REPORT.—
9
(A) IN GENERAL.—Not later than 30 days
10
after the completion of each review required by
11
subsection (a), the Secretary of State, in coordi-
12
nation with the Secretary of Defense, shall sub-
13
mit to the appropriate congressional committees
14
a report that contains the results of the review,
15
including any defense articles and services
16
added to or removed from the FMS-Only list
17
during the preceding reporting period, as well
18
as the justification for such decisions.
19
(B) FORM.—The report required by this
20
paragraph shall be submitted in unclassified
21
form, but may contain a classified annex.
22
(C) DEFINITIONS.—In this paragraph—
23
24
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1
(I) the Committee on Foreign
2
Relations and the Committee on
3
Armed Services of the Senate; and
4
(II) the Committee on Foreign
5
Affairs and the Committee on Armed
6
Services of the House of Representa-
7
tives; and
8
(ii) the term ‘‘FMS-only list’’ means
9
the list maintained by the Secretary of
10
State of defense articles and defense serv
11
ices that are eligible to be provided under
12
the foreign military sales program under
13
chapter 2 of the Arms Export Control Act,
14
but not eligible to be provided under direct
15
commercial sales under section 38 of such
16
Act.
17
(b) TERMINATION.—This section shall terminate on
18 the date that is 5 years after the date of enactment of
19 this Act.
20
SEC. 1214. ASSESSMENT AND ESTABLISHMENT OF OFFICE
21
TO SUPPORT THE ACQUISITION OF SPECI-
22
FIED NON-PROGRAM OF RECORD SYSTEMS
23
BY FOREIGN ALLIES AND PARTNERS.
24
(a) ASSESSMENT.—Not later than 90 days after the
25 date of the enactment of this Act, the Secretary of Defense
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1 shall complete an assessment to determine the optimal or2 ganizational structure, authorities, reporting relationships,
3 and resource requirements to manage effectively the acqui4 sition of specified non-program of record systems by for5 eign allies and partners.
6
(b) ESTABLISHMENT.—Not later than October 1,
7 2026, the Secretary of Defense shall establish an office
8 to support the acquisition of specified non-program of
9 record systems by foreign allies and partners, including
10 the process for updating relevant Department of Defense11 wide guidance, directives and instructions.
12
(c) RESPONSIBILITIES.—The office required by sub-
13 section (b) shall be responsible for the following:
14
(1) Coordinating with allies and partners to
15
identify and procure specified non-program of record
16
systems.
17
(2) Facilitating discussions between industry
18
and foreign allies and partners on new specified non-
19
program of record systems.
20
(3) Liaising with combatant commands to iden-
21
tify new specified non-program of record systems
22
aligned with the strategic priorities of the combatant
23
commands for theater security cooperation.
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1
(4) Promoting capabilities with foreign allies
2
and partners that align with priority capabilities for
3
the combatant commands.
4
(5) Developing foreign military sales cases for
5
specified non-program of record systems to expedite
6
deliveries of such systems to foreign allies and part-
7
ners.
8
(6) Coordinating internal Department of De-
9
fense approval processes to expedite the delivery of
10
specified non-program of record systems.
11
(7) Other relevant responsibilities as deter-
12
mined by the Secretary.
13
(d) BRIEFING.—Not later than 30 days after comple-
14 tion of the assessment required by subsection (a), the Sec15 retary shall provide the Committee on Armed Services of
16 the House of Representatives and the Committee on
17 Armed Services of the Senate with a briefing on the re18 sponsibilities, resources, and plan of activities for the non19 program of record office that is to be established in ac20 cordance with subsection (b).
21
(e) SPECIFIED NON-PROGRAM OF RECORD SYSTEM
22 DEFINED.—In this section, the term ‘‘specified non-pro23 gram of record system’’ means a system that does not
24 exist formally as a program of record within the Depart25 ment of Defense, including the following:
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(1) Type A (Modified/Former Department of
2
Defense program of record), which includes requests
3
to modify an existing program of record with non-
4
program of record elements and requests tied to
5
former programs of record.
6
(2) Type B (Military Unique), which includes
7
commercial capabilities that are designed, modified,
8
or built specifically for military applications and are
9
not current or former programs of record.
10
11
(3) Type C (Commercial), which includes a
‘‘commercial product’’—
12
(A) as such term is defined in section
13
2.101 of the Federal Acquisition Regulation;
14
and
15
16
(B) that is not classified.
SEC. 1215. GUIDANCE FOR COORDINATION OF INTER-
17
18
NATIONAL ARMS TRANSFERS.
(a) IN GENERAL.—Not later than 180 days after the
19 date of the enactment of this Act, the Secretary of Defense
20 shall issue updated guidance, in accordance with section
21 382 of title 10, United States Code, to streamline and
22 align the roles, responsibilities, and authorities, and im23 prove transparency, relating to Department of Defense
24 processes for international arms transfers, including for25 eign military sales.
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1
(b) ELEMENTS.—The updated guidance required by
2 subsection (a) shall do the following: (1) Streamline the
3 roles and responsibilities relating to Department processes
4 for international arms transfers (including the foreign
5 military sales and technology security and foreign disclo6 sure processes in accordance with section 1086) so as to
7 ensure effective implementation of such roles and respon8 sibilities among the Under Secretary of Defense for Policy,
9 the Under Secretary of Defense for Acquisition and
10 Sustainment, the Defense Security Cooperation Agency,
11 the Defense Technology Security Administration, and the
12 military departments.
13
(2) Designate a lead official who, in coordina-
14
tion with the Chief Digital and Artificial Intelligence
15
Officer of the Department of Defense, shall be re-
16
sponsible for collecting, tracking, coordinating, and
17
sharing data and information on Foreign Military
18
Sales cases for the purposes of—
19
(A) facilitating transparency across the
20
Department of Defense international coopera-
21
tion enterprise (including industry and inter-
22
national partners within such enterprise and
23
components and subcomponents of the Depart-
24
ment); and
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1
(B) sharing information on foreign military
2
sales case development, execution, contracting,
3
and implementation processes.
4
(3) Develop a framework to facilitate the use of
5
the foreign military sales process to deliver defense
6
articles and services to allies and partners through
7
programs other than a program of record in accord-
8
ance with section 1214.
9
10
(4) Set forth foreign military sales-specific
guidance that—
11
(A) identifies security cooperation prior-
12
ities;
13
(B) is informed by priorities identified in
14
the National Defense Strategy, Department
15
planning guidance, and theater campaign plans;
16
and
17
(C) takes into consideration—
18
(i) the risk factors for arms transfers
19
identified in the Arms Export Control Act
20
(22 U.S.C. 2751 et seq.); and
21
(ii) the industrial capacity for produc-
22
23
tion.
(c) BRIEFING.—Not later than 30 days prior to the
24 issuance of the updated guidance required by subsection
25 (a), the Secretary shall provide the Committee on Armed
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1 Services and the Committee on Foreign Relations of the
2 Senate and the Committee on Armed Services and the
3 Committee on Foreign Affairs of the House of Representa4 tives with a briefing on the development and implementa5 tion of such guidance that describes the manner in which
6 the procedures set forth in the guidance will streamline,
7 and enhance the transparency of, international coopera8 tion processes of the Department.
9
(d) DISSEMINATION OF FMS-SPECIFIC GUIDANCE.—
10 Not later than 180 days after the date of the enactment
11 of this Act, the Secretary shall disseminate the foreign
12 miliary sales-specific guidance described in subsection
13 (b)(4) to the Department of Defense international co14 operation enterprise.
Subtitle C—Matters Relating to the
16
Middle East
15
17
SEC. 1221. EXTENSION OF AUTHORITY FOR REIMBURSE-
18
MENT OF CERTAIN COALITION NATIONS FOR
19
SUPPORT
20
MILITARY OPERATIONS.
21
PROVIDED
TO
UNITED
STATES
(a) EXTENSION OF AUTHORITY.—Subsection (a) of
22 section 1233 of the National Defense Authorization Act
23 for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
24 393) is amended in the matter preceding paragraph (1)
25 by striking ‘‘beginning on October 1, 2024, and ending
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1 on December 31, 2025’’ and inserting ‘‘beginning on Octo2 ber 1, 2025, and ending on December 31, 2026,’’.
3
(b) EXTENSION OF LIMITATION ON AMOUNT.—Sub-
4 section (d)(1) of such section is amended by striking ‘‘be5 ginning on October 1, 2024, and ending on December 31,
6 2025’’ and inserting ‘‘beginning on October 1, 2025, and
7 ending on December 31, 2026’’.
8
SEC. 1222. EXTENSION AND MODIFICATION OF ANNUAL RE-
9
PORT ON MILITARY POWER OF IRAN.
10
(a) MATTERS TO BE INCLUDED.—Subsection (b) of
11 section 1245 of the National Defense Authorization Act
12 for Fiscal Year 2010 (10 U.S.C. 113 note) is amended—
13
(1) in paragraph (1)—
14
(A) by redesignating subparagraphs (B),
15
(C), (D), and (E) as subparagraphs (C), (D),
16
(E), and (F), respectively;
17
18
19
20
(B) by inserting after subparagraph (A)
the following subparagraph:
‘‘(B) evolving thresholds for the use of direct and attributable force by Iran;’’;
21
(C) in subparagraph (E), as so redesig-
22
nated, by striking ‘‘;;’’ at the end and inserting
23
‘‘; and’’; and
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1
(D) in subparagraph (F), as so redesig-
2
nated, by striking ‘‘; and’’ at the end and in-
3
serting a period.
4
(2) in paragraph (2)—
5
(A) by redesignating subparagraphs (C)
6
and (D) as subparagraphs (D) and (E), respec-
7
tively; and
8
9
(B) by inserting after subparagraph (B)
the following subparagraph:
10
‘‘(C) a summary of Iran’s procurement of
11
advanced conventional capabilities from Rus-
12
sia;’’;
13
(3) in paragraph (3)—
14
(A) in subparagraph (C), by inserting ‘‘any
15
Iraqi Shia-militia operating under the auspices
16
of the ‘Islamic Resistance’,’’ after ‘‘the Badr
17
Organization,’’;
18
(B) in subparagraph (I)(ii), by striking
19
‘‘and activities; and’’ and inserting ‘‘, assets,
20
and critical infrastructure; and’’; and
21
22
(C) by adding at the end the following subparagraph:
23
‘‘(L) an assessment of the military power
24
of Iranian proxies and partners, including
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1
Hezbollah, Hamas, Palestine Islamic Jihad,
2
Ansar Allah, and Iraqi and Syrian proxies.’’;
3
(4) in paragraph (4)—
4
(A) in subparagraph (A), by striking ‘‘nu-
5
clear weapons capabilities and developments’’
6
and inserting ‘‘nuclear weapons-related ad-
7
vances, including development of related sci-
8
entific and industrial infrastructure, fissile ma-
9
terial inventories aggregated by level of enrich-
10
ment, and weaponization-related activities’’;
11
(B) in subparagraph (F), by striking ‘‘to
12
the Middle East and Europe; and’’ and insert-
13
ing ‘‘globally;’’; and
14
15
16
17
(C) by redesignating subparagraph (G) as
subparagraph (I); and
(D) by adding after subparagraph (F) the
following subparagraphs:
18
‘‘(G) a detailed analysis of the domestic
19
and foreign supply chains supporting Iran’s
20
drone program;
21
‘‘(H) a detailed assessment of the domestic
22
production capacity by Iran’s proxies in the
23
Middle East of tactical munitions including
24
mortars, rocket assisted munitions, and rockets
25
and long-range strike capabilities, including,
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1
drones, cruise missiles, and ballistic missiles;
2
and’’;
3
(5) in paragraph (5), by striking ‘‘and chemical,
4
biological, and advanced conventional weapons,
5
weapon systems, and delivery vehicles’’ and inserting
6
‘‘chemical, biological, and advanced conventional
7
weapons, weapon systems, and delivery vehicles, in-
8
cluding drones’’; and
9
(6) in paragraph (8)—
10
(A) by striking ‘‘the Bashar al-Assad re-
11
gime,’’ and inserting ‘‘the Russian Federa-
12
tion,’’;
13
(B)
14
‘‘Hamas,’’; and
by
inserting
‘‘Ansarallah,’’
after
15
(C) by striking ‘‘or any other foreign ter-
16
rorist organization.’’ and inserting ‘‘the Badr
17
Organization, any other foreign terrorist orga-
18
nization, or any Specially Designated Global
19
Terrorist.’’;
20
(b) DEFINITIONS.—Subsection (c) of such section is
21 amended—
22
(1) in paragraph (3), by striking the period at
23
the end and inserting ‘‘, including surface-to-surface
24
or anti-ship variants.’’; and
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1
(2) in paragraph (4), by adding at the end ‘‘,
2
including surface-to-surface or anti-ship variants.’’.
3
(c) TERMINATION.—Subsection (d) of such section is
4 amended by striking ‘‘December 31, 2026’’ and inserting
5 ‘‘December 31, 2030’’.
6
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY
7
TO PROVIDE ASSISTANCE TO VETTED SYRIAN
8
GROUPS AND INDIVIDUALS.
9
Section 1209 of the Carl Levin and Howard P.
10 ‘‘Buck’’ McKeon National Defense Authorization Act for
11 Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541)
12 is amended—
13
14
(1) in subsection (a), by striking ‘‘December
31, 2025’’ and inserting ‘‘December 31, 2026’’;
15
(2) in subsection (b)(1)(A), by inserting ‘‘, in-
16
cluding any modifications made to the vetting proc-
17
ess in order to determine whether Syrian groups or
18
individuals associated with the Government of Syria
19
are eligible recipients’’ before the period at the end;
20
(3) in subsection (d)(2), by redesignating sub-
21
clause (I) of clause (iii) of subparagraph (J) as sub-
22
paragraph (K), and adjusting the margins accord-
23
ingly;
24
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1
(A) in the matter preceding subparagraph
2
(A), by striking ‘‘elements of the Syrian opposi-
3
tion and other’’; and
4
(B) in subparagraph (A)—
5
(i) by striking ‘‘Shia militias aligned
6
with or supporting the Government of
7
Syria, and groups’’ and inserting ‘‘Islamist
8
extremist
9
proxy forces, or groups otherwise’’;
10
organizations,
Shia
militias,
(ii) by striking ‘‘Jabhat al Nusrah,
11
Ahrar al Sham, other’’;
12
(iii) by inserting ‘‘and associated and
13
successor’’ after ‘‘al-Qaeda’’; and
14
(iv) by striking ‘‘related’’;
15
(5) in subsection (l)(3)(E)), by striking ‘‘De-
16
cember 31, 2025’’ and inserting ‘‘the date specified
17
in the matter preceding paragraph (1) of subsection
18
(a)’’; and
19
(6) by adding at the end the following new sub-
20
section:
21
‘‘(n) LIMITATION ON USE OF FUNDS.—Funds made
22 available to carry out this section may not be used to pro23 vide assistance pursuant to subsection (a)—
24
25
‘‘(1) to any entity that is not an appropriately
vetted Syrian group or individual; or
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1
2
‘‘(2) to forces associated with any other government or nation.’’.
3
SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY
4
TO PROVIDE ASSISTANCE TO COUNTER THE
5
ISLAMIC STATE OF IRAQ AND SYRIA.
6
Section 1236 of the Carl Levin and Howard P.
7 ‘‘Buck’’ McKeon National Defense Authorization Act for
8 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)
9 is amended—
10
(1) in subsection (a), in the matter preceding
11
paragraph (1), by striking ‘‘December 31, 2025’’
12
and inserting ‘‘December 31, 2026’’;
13
(2) by striking subsection (g);
14
(3) by redesignating subsections (h) through (o)
15
as subsections (g) through (n), respectively;
16
(4) in subsection (i)(1)(C), as redesignated, by
17
striking ‘‘subsection (l)(2)’’ and inserting ‘‘sub-
18
section (k)(2)’’;
19
(5) in subsection (k)(2), as redesignated—
20
(A) in subparagraph (B)(ii), by striking
21
‘‘subsection (j)(1)(C)’’ and inserting ‘‘sub-
22
section (i)(1)(C)’’; and
23
24
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1
(6) in subsection (n)(6), as redesignated, by
2
striking ‘‘December 31, 2025’’ and inserting ‘‘De-
3
cember 31, 2026’’; and
4
5
(7) by adding at the end the following:
‘‘(o) LIMITATION ON USE OF FUNDS.—Funds made
6 available to carry out this section may not be used to pro7 vide assistance pursuant to subsection (a)—
8
‘‘(1) to entities other than military or other se-
9
curity forces of or associated with the Government
10
of Iraq, including Kurdish and tribal security forces,
11
or other local security forces with a national security
12
mission;
13
14
‘‘(2) to forces associated with any other government or nation; or
15
‘‘(3) to Iranian-aligned militias.’’.
16
SEC. 1225. COUNTER-TERRORISM SUPPORT.
17
(a) AUTHORITY TO PROVIDE SUPPORT.—Subsection
18 (a)(1) of section 1226 of the National Defense Authoriza19 tion Act for Fiscal Year 2016 (Public Law 114–92; 22
20 U.S.C. 2151 note) is amended—
21
(1) in subparagraph (B), by striking ‘‘with
22
Syria’’ and inserting ‘‘with any other country’’; and
23
(2) in subparagraph (C), by adding at the end
24
before the period the following: ‘‘and along the bor-
25
der of Egypt with Sudan’’.
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1
(b) SUPPORT TO GOVERNMENT OF LEBANON.—Sub-
2 section (c)(2) of such section is amended by adding at the
3 end the following: ‘‘Such support may be used only to pro4 mote the ability of the armed forces of Lebanon to counter
5 the threat posed by Lebanese Hezbollah and any other ter6 rorist organization that threatens the security of Lebanon
7 and its neighbors.’’.
8
(c) EXTENSION OF AUTHORITY.—Subsection (h) of
9 such section is amended by striking ‘‘December 31, 2025’’
10 and inserting ‘‘December 31, 2026’’.
11
SEC. 1226. ENHANCING SECURITY PARTNERSHIP WITH JOR-
12
13
DAN AND LEBANON.
(a) IN GENERAL.—The Secretary of Defense, pursu-
14 ant to existing authorities, shall seek to provide assistance,
15 including training, equipment, logistics support, supplies,
16 and services, to the Government of Jordan and the Gov17 ernment of Lebanon for the purposes of—
18
19
(1) supporting and enhancing efforts of the
military forces of Jordan; and
20
(2) with respect to the Government of Lebanon,
21
for increasing the capacity of the Lebanese armed
22
forces in order to disarm the Iranian-backed ter-
23
rorist group Hezbollah.
24
(b) PLAN.—
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1
(1) IN GENERAL.—Not later than June 30,
2
2026, the Secretary of Defense, in coordination with
3
the Commander of the United States Central Com-
4
mand and in consultation with the Secretary of
5
State, shall submit to the congressional defense com-
6
mittees a report that describes the plan of the De-
7
partment of Defense to provide assistance under
8
subsection (a).
9
(2) ELEMENTS.—The plan required by para-
10
graph (1) shall, at a minimum, include the following
11
elements:
12
(A) A description of the existing authori-
13
ties to provide the assistance described in sub-
14
section (a) to the Government of Jordan and
15
the Government of Lebanon.
16
(B) A description of the strategic objec-
17
tives of the assistance described in subsection
18
(a), including specific capability gaps that such
19
assistance seeks to address and the recipient
20
units of the military forces of Jordan and Leb-
21
anon for such assistance.
22
(C) An identification of any opportunities
23
to transfer military equipment, including air-
24
craft and unmanned systems, from existing in-
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1
ventory of the Department of Defense to bolster
2
the capabilities of the military forces of Jordan.
3
(D) A rubric for assessing the progress of
4
the
5
Hezbollah, and options for suspending assist-
6
ance to the Lebanese armed forces if it is deter-
7
mined that such forces are unwilling to act to
8
disarm Hezbollah.
9
armed
forces
in
disarming
SEC. 1227. PROHIBITION ON FUNDING TO THE BADR ORGA-
10
11
Lebanese
NIZATION.
None of the funds authorized to be appropriated by
12 this Act or otherwise made available to the Secretary of
13 Defense for fiscal year 2026 may be made available to the
14 Badr Organization or any organization that the Director
15 of the Defense Intelligence Agency determines to be an
16 affiliate or successor of the Badr Organization.
17
SEC. 1228. LIMITATION ON AVAILABILITY OF FUNDS FOR
18
THE IRAQI SECURITY FORCES.
19
(a) LIMITATION ON OBLIGATION OF FUNDS.—Not
20 more than 75 percent of the funds authorized to be appro21 priated by this Act or otherwise made available for fiscal
22 year 2026 for the Iraqi security forces under section 1236
23 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na24 tional Defense Authorization Act for Fiscal Year 2015
25 (Public Law 113–291; 128 Stat. 3558) may be obligated
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1 or expended until the date on which the Secretary of De2 fense submits to the congressional defense committees a
3 certification that the Government of Iraq has taken cred4 ible steps—
5
(1) to reduce the operational capacity of Iran-
6
aligned militia groups not integrated into the Iraqi
7
security forces through a publicly verifiable disar-
8
mament, demobilization, and reintegration process;
9
(2) to strengthen the authority and operational
10
control of the Prime Minister of Iraq as Com-
11
mander-in-Chief over the Iraqi security forces; and
12
(3) to investigate and hold accountable mem-
13
bers of Iran-aligned militia groups or members of
14
the Iraqi security forces operating outside the formal
15
chain of command of the Iraqi security forces who
16
engage in attacks on United States or Iraqi per-
17
sonnel or otherwise act in an illegal or destabilizing
18
manner.
19
(b) WAIVER.—The Secretary of Defense may waive
20 the limitation in subsection (a) for a period of not more
21 than 180 days if the Secretary determines that such waiv22 er is in the national security interest of the United States.
23 Any such waiver shall be submitted in writing to the con24 gressional defense committees not later than 15 days after
25 issuance, along with a justification and a description of
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1 the steps being taken to achieve the objectives described
2 in subsection (a).
3
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
4 tion shall apply to funds authorized to be appropriated for
5 the Iraqi security forces that are designated for the Kurd6 ish Peshmerga Forces.
7
(d) IRAQI SECURITY FORCES DEFINED.—In this sec-
8 tion, the term ‘‘Iraqi security forces’’ means the military
9 and other security forces of or associated with the Govern10 ment of Iraq.
11
SEC. 1229. REPORT ON STRATEGY FOR INCREASING MEM-
12
BERSHIP IN THE COMPREHENSIVE SECURITY
13
INTEGRATION
14
MENT.
15
AND
PROSPERITY
AGREE-
(a) IN GENERAL.—Not later than July 1, 2026, the
16 Secretary of Defense shall submit to the Committees on
17 Armed Services of the Senate and the House of Represent18 atives a report describing the strategic importance of the
19 Comprehensive
Security
Integration
and
Prosperity
20 Agreement and the benefits of its potential expansion.
21
(b) ELEMENTS.—The report required under sub-
22 section (a) shall also include the following:
23
24
(1) An assessment of the strategic benefits of
CSIPA to regional and global security.
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1
(2) An assessment of CSIPA’s operational value
2
to the Department of Defense and partners in the
3
region following the Red Sea attacks.
4
(3) An assessment of how CSIPA leverages
5
United States military assets such as the United
6
States Fifth Fleet to address regional threats.
7
(4) Identification of potential modifications to
8
the CSIPA framework that would support broader
9
regional participation.
10
(5) An evaluation of the resource and capability
11
requirements necessary to expand CSIPA member-
12
ship.
13
(6) Recommendations for further collaboration
14
between the Department of Defense and member
15
countries of CSIPA.
16
(c) DEFINITION OF COMPREHENSIVE SECURITY IN-
17
TEGRATION AND PROSPERITY AGREEMENT.—In this sec-
18 tion, the terms ‘‘Comprehensive Security Integration and
19 Prosperity Agreement’’ and ‘‘CSIPA’’ refer to the cooper20 ative agreement signed by the United States and the King21 dom of Bahrain on September 13, 2023.
22
SEC. 1229A. REPORT ON ISIS DETENTION FACILITIES IN
23
24
SYRIA.
(a) IN GENERAL.—Not later than March 31, 2026,
25 and annually thereafter through March 31, 2028, the Sec-
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950
1 retary of Defense shall submit to the congressional defense
2 committees a report on detention facilities in Syria for
3 members of the Islamic State in Iraq and Syria (ISIS)
4 secured by the Syrian Democratic Forces (SDF).
5
(b) MATTERS TO BE INCLUDED.—The report re-
6 quired by subsection (a) shall include—
7
(1) an assessment of the current security and
8
living conditions in such facilities and plans for the
9
long-term security of such facilities;
10
11
(2) an estimate of the number of detainees in
such facilities and their nationalities; and
12
(3) a description of—
13
(A) efforts of the Department of Defense,
14
working with and through local partners, coun-
15
tries of origin of detainees, and other United
16
States Government entities, to repatriate de-
17
tainees to their home countries or third coun-
18
tries; and
19
(B) any potential refoulement concerns
20
21
with respect to such repatriation.
SEC. 1229B. REPORT ON UNITED STATES FORCE POSTURE
22
23
AND ACTIVITIES IN SYRIA.
(a) IN GENERAL.—Not later than 120 days after the
24 date of the enactment of this Act, and annually thereafter,
25 the Secretary of Defense, in coordination with Commander
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951
1 of the United States Central Command, shall provide to
2 the congressional defense committees a report on the sta3 tus of the conditions-based consolidation of United States
4 force posture, basing locations, and activities in Syria.
5
(b) ELEMENTS.—The report described in subsection
6 (a) shall include the following:
7
(1) A determination of whether such force pos-
8
ture, basing locations, and activities continue to suf-
9
ficiently—
10
(A) meet objectives consistent with the
11
purposes outlined in section 1209(a) of the Carl
12
Levin and Howard P. ‘‘Buck’’ McKeon Na-
13
tional Defense Authorization Act for Fiscal
14
Year 2015 (Public Law 113–291; 128 Stat.
15
354), including new cooperation with the Syrian
16
Government and other members of the Global
17
Coalition to Defeat the Islamic State of Iraq
18
and Syria;
19
(B) deter Iran and Iranian-linked groups,
20
including the Iranian Revolutionary Guard
21
Corps Quds Force and the proxies and affiliates
22
of such Force operating inside Syria;
23
(C) support the Syrian Democratic Forces
24
and other Syrian groups and individuals in
25
maintaining stability and security throughout
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1
the formation of a representative and inclusive
2
Syrian government that defends the rights and
3
interests of all minorities; and
4
(D) deter instability emanating from Syria,
5
including threats to the United States and allies
6
and partners of the United States, including
7
Israel.
8
(2) A description of the operational and stra-
9
tegic conditions informing decisions made relative to
10
subsection (a), including detailed evaluation criteria
11
and processes for continual assessment.
12
(3) A description of how the objectives in sub-
13
section (a) are being met, or what changes need to
14
be implemented to meet such objectives.
15
(4) A description of the current posture of the
16
Armed Forces in Syria and levels of engagement by
17
the Armed Forces with Syrian groups and individ-
18
uals.
19
(5) Changes in the assessment of the threat to
20
the United States, and allies and partners of the
21
United States, from the Islamic State of Iraq and
22
Syria.
23
(6) A description of any planned posture
24
changes of the Armed Forces in Syria, and the pro-
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1
jected impacts on United States engagement with
2
partner forces in Syria.
3
(7) Any other matters the Secretary or the
4
Commander deem relevant.
5
(c) FORM.—The report shall be submitted in unclas-
6 sified form but may include a classified annex.
7
(d) SUNSET.—The requirement under this section
8 shall terminate 3 years after the date of enactment of this
9 Act.
11
Subtitle D—Matters Relating to
Israel
12
SEC. 1231. EXTENSION AND MODIFICATION OF UNITED
13
STATES-ISRAEL ANTI-TUNNEL COOPERATION.
14
Section 1279 of the National Defense Authorization
10
15 Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amend16 ed—
17
18
(1)
subsection
(b)(4),
by
striking
‘‘$50,000,000’’ and inserting ‘‘$80,000,000’’; and
19
20
in
(2) in subsection (f), by striking ‘‘December 31,
2026’’ and inserting ‘‘December 31, 2028’’.
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1
SEC. 1232. EXTENSION AND MODIFICATION OF UNITED
2
STATES-ISRAEL COOPERATION TO COUNTER
3
UNMANNED SYSTEMS IN ALL WARFIGHTING
4
DOMAINS.
5
(a) IN GENERAL.—Section 1278 of the National De-
6 fense Authorization Act for Fiscal Year 2020 (22 U.S.C.
7 8606 note) is amended—
8
(1) in the section heading, by striking ‘‘UN-
9
MANNED AERIAL SYSTEMS’’ and inserting ‘‘UN-
10
MANNED SYSTEMS IN ALL WARFIGHTING DO-
11
MAINS’’;
12
(2) in subsection (a)—
13
(A) by amending the subsection heading to
14
read as follows: ‘‘UNITED STATES-ISRAEL PRO-
15
GRAM ON COUNTERING UNMANNED SYSTEMS’’;
16
(B) in paragraph (1)—
17
(i) by striking ‘‘to establish capabili-
18
ties’’ and inserting ‘‘to accelerate develop-
19
ment of advanced technologies’’; and
20
(ii) by striking ‘‘unmanned aerial sys-
21
tems’’ and inserting ‘‘unmanned systems in
22
all warfighting domains’’;
23
(C) by redesignating paragraph (2) as
24
25
26
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paragraph (3);
(D) by inserting after paragraph (1) the
following:
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955
1
2
‘‘(2) ACTIVITIES.—The activities required by
this subsection may include the following:
3
‘‘(A) Collaborative research initiatives in-
4
volving government, private sector, and aca-
5
demic institutions in the United States and
6
Israel.
7
‘‘(B)
Joint
training
exercises
and
8
information- sharing mechanisms to maximize
9
the sharing of technical expertise, data, and
10
tactics related to emerging unmanned systems
11
and related threats.
12
13
‘‘(C) Development of joint technical requirements.
14
‘‘(D) Collaborative development and eval-
15
uation of novel systems with defense industry
16
partners.
17
‘‘(E) Coordination with acquisition pro-
18
gram offices of the United States and Israel
19
military service departments, components, and
20
commands to expedite deployment of relevant
21
systems and enhance military readiness.’’; and
22
(E) in paragraph (3) (as so redesignated),
23
by striking ‘‘activities described in paragraph
24
(1)’’ and inserting ‘‘activities described in this
25
subsection’’;
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1
(3) in subsection (b)—
2
(A) in paragraph (3)(B), by striking ‘‘aer-
3
ial’’; and
4
(B)
in
paragraph
(4),
by
striking
5
‘‘$55,000,000’’ and inserting ‘‘$70,000,000’’;
6
(4) in subsection (c), by striking ‘‘an appro-
7
priate research and development entity of a military
8
department’’ and inserting ‘‘the Irregular Warfare
9
Technology Support Directorate’’;
10
11
(5) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
12
(6) by inserting after subsection (d) the fol-
13
lowing:
14
‘‘(e) ANNUAL REPORT.—The Secretary of Defense
15 shall submit to the appropriate committees of Congress
16 on an annual basis a report that shall include for the pre17 ceding year a description of activities conducted under the
18 program including—
19
‘‘(1) an assessment of progress made by the
20
United States and Israel in addressing unmanned
21
systems threats and requirements;
22
‘‘(2) an assessment of the program’s collabora-
23
tion with other United States Government programs
24
and defense contractors;
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1
‘‘(3) an update on efforts to transition capabili-
2
ties to acquisition program managers for fielding by
3
United States or Israeli military services, compo-
4
nents, and commands; and
5
6
‘‘(4) recommendations for future program activities and funding.’’; and
7
(7) in subsection (g) (as so redesignated), by
8
striking ‘‘December 31, 2026’’ and inserting ‘‘De-
9
cember 31, 2028’’.
10
(b) TRANSITION PROVISION.—The Secretary of De-
11 fense shall continue to carry out the activities authorized
12 by section 1278 of the National Defense Authorization Act
13 for Fiscal Year 2020, as such section was in effect on the
14 day before the date of the enactment of this Act, until
15 such time as the Secretary submits to the appropriate
16 committees of Congress the report required by subsection
17 (a)(3) of such section, as amended by subsection (a) of
18 this section, for purposes of carrying of the activities re19 quired by such section 1278.
20
SEC. 1233. MODIFICATION OF CERTAIN TEMPORARY AU-
21
THORIZATIONS RELATED TO MUNITIONS RE-
22
PLACEMENT.
23
(a) IN GENERAL.—Section 1244 of the James M.
24 Inhofe National Defense Authorization Act for Fiscal Year
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958
1 2023 (Public Law 117–263; 136 Stat. 2844) is amend2 ed—
3
(1) in the section heading, by striking ‘‘AND
‘‘ISRAEL,
4
ISRAEL’’
5
UNITED STATES DEFENSE INDUSTRIAL BASE ’’;
6
and
7
and
inserting
AND
THE
(2) in subsection (a)—
8
(A) in paragraph (1), by striking ‘‘or
9
Israel’’ each place it appears and inserting
10
‘‘Israel, or the United States defense industrial
11
base’’; and
12
(B) in paragraph (5), by striking ‘‘or
13
Israel’’ each place it appears and inserting
14
‘‘Israel, or the United States defense industrial
15
base’’.
16
(b) CLERICAL AMENDMENTS.—
17
(1) The table of contents at the beginning of
18
the James M. Inhofe National Defense Authoriza-
19
tion Act for Fiscal Year 2023 (Public Law 117–263;
20
136 Stat. 2395) is amended by striking the item re-
21
lating to section 1244 and inserting the following:
‘‘1244. Temporary authorizations related to Ukraine, Taiwan, Israel, and the
United States defense industrial base.’’.
22
(2) The table of contents at the beginning of
23
title XII of the James M. Inhofe National Defense
24
Authorization Act for Fiscal Year 2023 (Public Law
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959
1
117–263; 136 Stat. 2820) is amended by striking
2
the item relating to section 1244 and inserting the
3
following:
‘‘1244. Temporary authorizations related to Ukraine, Taiwan, Israel, and the
United States defense industrial base.’’.
4
SEC. 1234. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
5
TION OF EMERGING TECHNOLOGIES TO FUR-
6
THER THE WARFIGHTING CAPABILITIES OF
7
THE UNITED STATES AND CERTAIN PARTNER
8
COUNTRIES.
9
(a) AUTHORITY.—The Secretary of Defense, upon re-
10 quest by the Ministry of Defense of a covered partner
11 country and in consultation with the Secretary of State,
12 the Secretary of Commerce, and the Director of National
13 Intelligence, is authorized to carry out, jointly with the
14 covered partner country, research, development, test, and
15 evaluation of emerging technologies to further the warfare
16 capabilities of the United States and the covered partner
17 country to meet emerging defense challenges, including in
18 the areas of artificial intelligence, cybersecurity, robotics,
19 quantum, and automation.
20
(b) PROTECTION OF SENSITIVE INFORMATION.—Any
21 activity carried out pursuant to the authority of subsection
22 (b) shall be conducted in a manner that robustly protects
23 sensitive information and the national security interests
24 of the United States and the covered partner country.
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1
(c) APPLICABILITY OF EXPORT CONTROL RESTRIC-
2
TIONS.—Any activity authorized under subsection (a), in-
3 cluding fundamental research, open source, and stand4 ards-related activities, for the development, production, or
5 use of goods, technology, software, knowledge, or source
6 code shall be subject to—
7
(1) the Export Administration Regulations
8
under subchapter C of title 15, Code of Federal
9
Regulations; and
10
(2) all other laws applicable to the control of
11
arms exports.
12
(d) REPORT.—None of the activities described in sub-
13 section (a) may be carried out with respect to a covered
14 partner country until the date on which the Secretary of
15 Defense, in consultation with the Secretary of State, the
16 Secretary of Commerce, and the Director of National In17 telligence submits to the appropriate congressional com18 mittees a report with respect to that partner country that
19 includes the following:
20
(1) A memorandum of agreement between the
21
United States and the covered partner country re-
22
garding sharing of costs and security safeguards for
23
the activities described in subsection (a), and any
24
supporting documents.
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961
1
2
(2) A certification that such memorandum of
agreement—
3
(A) requires sharing of costs of the activi-
4
ties and security safeguards described in sub-
5
section (a), including in-kind support, between
6
the United States and the covered partner
7
country;
8
(B) establishes the rights of the United
9
States to any intellectual property developed
10
under the memorandum of agreement;
11
(C) requires the United States Government
12
to receive semiannual reports on expenditure of
13
funds, if any, by the government of the covered
14
partner country, including—
15
16
(i) a description of what the funds
have been used for;
17
18
(ii) a description of when funds were
expended;
19
20
(iii) an identification of entities that
expended the funds; and
21
(iv) the export control regimes in
22
place in the covered partner country to
23
protect sensitive technology, including re-
24
lated intellectual property and innovation
25
efforts; and
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1
(D) includes robust safeguards against the
2
ability of the People’s Republic of China or
3
other foreign adversaries of the United States
4
from, directly or indirectly, accessing, acquiring,
5
or benefitting from any potential innovation,
6
technology, research, product, or application
7
funded, produced, or utilized by the partner-
8
ship.
9
(e) LEAD AGENCY.—Not earlier than the date on
10 which the Secretary of Defense submits the first report
11 pursuant to subsection (d), the Secretary shall designate
12 the Irregular Warfare Technology Support Directorate of
13 the Department of Defense as the lead agency of the De14 partment in carrying out this section.
15
(f) SEMIANNUAL REPORTS.—The Secretary of De-
16 fense shall submit to the appropriate congressional com17 mittees on a semiannual basis a report that contains a
18 copy of the most recent semiannual report provided by the
19 government of each covered partner country to the De20 partment of Defense pursuant to subsection (d)(2)(C).
21
(g) DEFINITIONS.—In this section—
22
23
(1) the term ‘‘appropriate congressional committees’’ means—
24
(A) the Committee on Armed Services, the
25
Committee on Foreign Affairs, and the Perma-
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1
nent Select Committee on Intelligence of the
2
House of Representatives; and
3
(B) the Committee on Armed Services, the
4
Committee on Foreign Relations, and the Select
5
Committee on Intelligence of the Senate; and
6
(2) the term ‘‘covered partner country’’ means
7
a country that, as of June 1, 2025, has signed a bi-
8
lateral agreement with the United States that is
9
managed by the Irregular Warfare Technology Sup-
10
port Directorate of the Department of Defense.
11
SEC. 1235. REPORT ON UNITED STATES-ISRAEL MILITARY
12
13
EXERCISES.
(a) IN GENERAL.—Not later than 180 days after the
14 date of the enactment of this Act, and annually thereafter
15 for not more than 3 years, the Secretary of Defense shall
16 submit to the appropriate congressional committees a
17 written report on United States Department of Defense
18 exercises conducted jointly with Israel.
19
(b) ELEMENTS.—Each report required by subsection
20 (a) shall include the following:
21
(1) A list of Department of Defense exercises
22
that included Israel during the preceding 1-year pe-
23
riod.
24
25
(2) A list of any other countries that participated in each such exercise.
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1
2
(3) A detailed description of the capabilities
and missions rehearsed in each exercise.
3
(4) A description of the manner and extent to
4
which each exercise increased inoperability and re-
5
gional cooperation.
6
(5) A description of the manner and extent to
7
which each exercise improved the readiness and ca-
8
pabilities of participating countries.
9
(6) An assessment of any gaps in desired joint
10
capabilities that could be addressed by conducting
11
additional exercises to increase interoperability,
12
along with the resources required for such additional
13
exercises and the impact, if any, to United States
14
readiness from conducting such additional exercises.
15
(c) FORM.—The report required by subsection (a)
16 shall be submitted in unclassified form and may contain
17 a classified annex.
18
(d) APPROPRIATE CONGRESSIONAL COMMITTEES
19 DEFINED.—In this section, the term ‘‘appropriate con20 gressional committees’’ means—
21
(1) the congressional defense committees; and
22
(2) the Committee on Foreign Relations of the
23
Senate and the Committee on Foreign Affairs of the
24
House of Representatives.
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Subtitle E—Matters Relating to Eu2
rope, Ukraine, and the Russian
3
Federation
1
4
SEC. 1241. MODIFICATION AND EXTENSION OF ANNUAL RE-
5
PORT ON MILITARY AND SECURITY DEVELOP-
6
MENTS INVOLVING THE RUSSIAN FEDERA-
7
TION.
8
Section 1234 of the William M. (Mac) Thornberry
9 National Defense Authorization Act for Fiscal Year 2021
10 (Public Law 116–283; 134 Stat. 3936) is amended—
11
12
(1) in subsection (b) to read as follows:
‘‘(b) MATTERS TO BE INCLUDED.—The report re-
13 quired under subsection (a) shall include the following:
14
‘‘(1) The goals, factors, and trends shaping
15
Russia’s security strategy and military strategy, in-
16
cluding military spending and investment priorities.
17
‘‘(2) Developments in the military doctrine,
18
operational concepts, joint command and organiza-
19
tional structures, and significant military operations
20
and deployments of the Russian Armed Forces.
21
‘‘(3) An assessment of the force structure, read-
22
iness, and capabilities of the Russian Armed Forces.
23
‘‘(4) An assessment of the military strategy, ob-
24
jectives, and force posture of the Russian Armed
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Forces deployed in the Arctic and the North Atlantic
2
region.
3
‘‘(5) An assessment of the military strategy, ob-
4
jectives, and force posture of the Russian Armed
5
Forces as they relate to the North Atlantic Treaty
6
Organization (NATO), including—
7
‘‘(A) the force posture of Russian Armed
8
Forces deployed adjacent to NATO’s borders,
9
including in Kaliningrad;
10
‘‘(B) a list and description of all known
11
violations by Russia of NATO airspace during
12
the reporting period, and to the extent feasible,
13
an evaluation of whether such incidents were in-
14
tentional or unintentional; and
15
‘‘(C) an assessment of the threat posed to
16
NATO bases, critical infrastructure, and other
17
industrial and military targets posed by Rus-
18
sian hybrid attacks.
19
‘‘(6) An assessment of the military strategy, ob-
20
jectives, and force posture of the Russian Armed
21
Forces deployed in Ukraine or adjacent to Ukraine’s
22
borders.
23
‘‘(7) An assessment of the military strategy, ob-
24
jectives, and force posture of the Russian Armed
25
Forces in the Baltic and Black Seas.
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‘‘(8) An assessment of the reconstitution efforts
2
of the Russian Armed Forces, including its ability to
3
restore losses from the war in Ukraine and to ex-
4
pand its force beyond 2022 levels.
5
‘‘(9) An assessment of the impact of United
6
States and international sanctions on the Russian
7
military’s reconstitution efforts, including an assess-
8
ment of the impact of removing sanctions on the
9
Russian military’s reconstitution efforts.
10
‘‘(10) An assessment of what the Russian
11
Armed Forces have learned from the war in Ukraine
12
and how Russia has applied those lessons.
13
‘‘(11) An assessment of the military strategy,
14
objectives, and force posture of Russia that affect
15
countries in Latin America and the Caribbean.
16
‘‘(12) An assessment of the military strategy,
17
objectives, and force posture of Russia that affect
18
countries in the Indo-Pacific, with a specific empha-
19
sis on how such strategy, objectives, and force pos-
20
ture affect the People’s Republic of China.
21
‘‘(13) An assessment of the military cooperation
22
between Russia and the People’s Republic of China,
23
including defense trade, joint military exercises, and
24
the sharing of military intelligence.
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‘‘(14) An assessment of the objectives of Rus-
2
sia’s treaty alliance with North Korea, including
3
analyses of the following elements:
4
‘‘(A) Any technology sharing pertaining to
5
chemical, biological, radiological, or nuclear
6
weapons.
7
‘‘(B) Any cooperation on missile or space
8
launch-related technology.
9
‘‘(C) Arms trade.
10
‘‘(D) Tactical and operational military co-
11
operation between Russia and North Korea, in-
12
cluding lessons learned and compensation de-
13
rived from cooperative training and participa-
14
tion in actual conflict.
15
‘‘(15) An assessment of Russia’s military co-
16
operation with India.
17
‘‘(16) An assessment of Russia’s coercive be-
18
havior directed at United States allies in the Indo-
19
Pacific.
20
‘‘(17) An assessment of the military strategy,
21
objectives, and force posture of Russia that affect
22
countries in the Middle East.
23
‘‘(18) An assessment of the military strategy,
24
objectives, and force posture of Russia that affect
25
countries in Africa.
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‘‘(19) A description of Russia’s overseas mili-
2
tary basing, military logistics capabilities, and infra-
3
structure to project power.
4
‘‘(20) A summary of all significant Russian co-
5
operation with foreign military and security forces,
6
including major training and exercises, foreign de-
7
ployments, and basing agreements—specifying for
8
each Russian foreign deployment the number of
9
forces deployed, the types of capabilities deployed,
10
the length of the deployment, and any agreement en-
11
abling or governing the deployment.
12
‘‘(21) An assessment of relations between Rus-
13
sia and Iran, the People’s Republic of China, and
14
North Korea, with respect to security and military
15
matters.
16
‘‘(22) An assessment of the proliferation activi-
17
ties of Russia and Russian entities, including activi-
18
ties relating to the supply of materials, technologies,
19
or expertise relating to nuclear weapons or other
20
weapons of mass destruction or missile systems to
21
other states or non-state actors.
22
23
‘‘(23) An assessment of Russia’s nuclear program and capabilities, including—
24
25
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‘‘(A) its nuclear strategy and associated
doctrines;
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1
‘‘(B) the size and state of its stockpile and
2
projections of its future arsenals;
3
‘‘(C) its civil and military production ca-
4
pacities; and
5
‘‘(D) the modernization and force structure
6
of its strategic forces.
7
‘‘(24) An assessment of the use by Russia of
8
chemical weapons, including chemical munitions,
9
during the preceding year either as part of an armed
10
conflict or against individuals outside an armed con-
11
flict.
12
‘‘(25) A description of Russia’s current missile
13
defense strategy and capabilities, including efforts to
14
develop missile defense capabilities.
15
16
‘‘(26) A description of Russia’s anti-access and
area denial capabilities.
17
‘‘(27) A description of Russia’s command, con-
18
trol, communications, computers, intelligence, sur-
19
veillance, and reconnaissance modernization program
20
and capabilities and the applications for such pro-
21
gram and capabilities for precision-guided weapons.
22
‘‘(28) An assessment of Russia’s space and
23
counterspace programs and capabilities.
24
‘‘(29) An assessment of Russia’s cyberwarfare
25
and electronic warfare capabilities, including details
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on the number of malicious cyber incidents origi-
2
nating from Russia against Department of Defense
3
infrastructure.
4
‘‘(30) An assessment of any influence oper-
5
ations or campaigns by Russia targeting the United
6
States, any military alliances and partnerships of
7
which the United States is a member, or treaty allies
8
of the United States, including—
9
‘‘(A) the objectives of such operations;
10
‘‘(B) the tactics, techniques, and proce-
11
dures used;
12
‘‘(C) the impact of such operations on the
13
United States, military alliances or partnerships
14
of which the United States is a member, or
15
treaty allies of the United States;
16
‘‘(D) detail regarding any campaign that
17
specifically targeted Department of Defense
18
personnel; and
19
‘‘(E) the metrics used to judge the impact
20
of such operations.
21
‘‘(31) An assessment of how Russian private
22
military companies are being utilized to advance the
23
security interests of Russia, including by securing
24
access to raw materials.
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‘‘(32) Other military and security developments
2
involving Russia that the Secretary of Defense con-
3
siders relevant to United States national security.’’;
4
and
5
6
(2) in subsection (g), by striking ‘‘January 31,
2026’’ and inserting ‘‘January 31, 2030’’.
7
SEC. 1242. EXTENSION OF PROHIBITION ON AVAILABILITY
8
OF FUNDS RELATING TO SOVEREIGNTY OF
9
THE
10
NATIONALLY RECOGNIZED TERRITORY OF
11
UKRAINE.
12
RUSSIAN
FEDERATION
OVER
INTER-
Section 1245(a) of the James M. Inhofe National De-
13 fense Authorization Act for Fiscal Year 2023 (Public Law
14 117–263; 136 Stat. 2847) is amended by striking ‘‘or
15 2025’’ and inserting ‘‘2025, or 2026’’.
16
SEC. 1243. EXTENSION AND MODIFICATION OF UKRAINE SE-
17
CURITY ASSISTANCE INITIATIVE.
18
Section 1250 of the National Defense Authorization
19 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
20 1068) is amended—
21
22
23
24
25
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(1) in subsection (c)—
(A) by redesignating paragraph (6) as
paragraph (5); and
(B) by adding at the end the following new
paragraphs:
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1
‘‘(6) AVAILABILITY OF FUNDS FOR PROGRAMS
2
ACROSS FISCAL YEARS.—Amounts
3
after the date of the enactment of the National De-
4
fense Authorization Act for Fiscal Year 2026 in a
5
fiscal year to carry out the authority in subsection
6
(a) may be used for programs under that authority
7
that begin in such fiscal year and end not later than
8
the end of the second fiscal year thereafter.
made available
9
‘‘(7) AUTHORITY FOR INTERCHANGE OF SUP-
10
PLIES AND SERVICES.—The limitation in subsection
11
(b)(2) of section 2571 of title 10, United States
12
Code, shall not apply with respect to reimbursable
13
support for the purpose of providing assistance
14
under this section.’’;
15
16
(2) in subsection (f), by adding at the end the
following:
17
‘‘(11) For fiscal year 2026, $400,000,000.
18
‘‘(12) For fiscal year 2027, $400,000,000.’’;
19
(3) in subsection (h), by striking ‘‘December
20
31, 2026’’ and inserting ‘‘December 31, 2029’’; and
21
22
(4) by adding at the end the following:
‘‘(k) ACCEPTING EQUIPMENT BACK INTO STOCK.—
23
24
‘‘(1) IN
GENERAL.—Equipment
procured to
carry out the authority granted pursuant to sub-
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section (a) may only be treated as stocks of the De-
2
partment of Defense if—
3
‘‘(A) the equipment procured has not yet
4
been transferred to the Government of Ukraine
5
and is urgently needed to eliminate a deficiency
6
that impacts an ongoing or anticipated, immi-
7
nent United States contingency operation that,
8
if left unfulfilled, could result in loss of life or
9
critical mission failure for the United States
10
Armed Forces;
11
‘‘(B) the equipment procured has not yet
12
been transferred to the Government of Ukraine
13
and is no longer needed to support a program
14
carried out pursuant to such subsection; or
15
‘‘(C) the equipment procured has been
16
transferred to the Government of Ukraine and
17
is returned by Ukraine to the United States.
18
‘‘(2) REPLACEMENT.—In the case of treating
19
equipment as stocks of the Department of Defense
20
pursuant to paragraph (1)(A), the Secretary shall,
21
using amounts made available after the date of the
22
enactment of the National Defense Authorization
23
Act for Fiscal Year 2026, initiate action to replace
24
such equipment for the Government of Ukraine
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1
within 30 days of transmitting the applicable notifi-
2
cation required under paragraph (3).
3
‘‘(3) NOTIFICATION.—The Secretary may only
4
treat equipment procured to carry out the authority
5
granted pursuant to subsection (a) as stocks of the
6
Department of Defense pursuant to paragraph (1) if
7
the Secretary submits to the congressional defense
8
committees, the Committee on Foreign Relations of
9
the Senate, and the Committee on Foreign Affairs
10
of the House of Representatives a notification that
11
describes how the relevant conditions to treat the
12
equipment as stocks were met—
13
‘‘(A) in the case of a notification relating
14
to equipment described in subparagraph (A) of
15
such paragraph (1), as soon as feasible but not
16
later than 48 hours after the date on which the
17
Secretary determines to treat such equipment
18
as stocks of the Department; or
19
‘‘(B) in the case of a notification relating
20
to equipment described in subparagraph (B) or
21
(C) of such paragraph, not fewer than 15 days
22
before the entry into effect of a determination
23
by the Secretary to treat such equipment as
24
such stocks.
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‘‘(4) REPORT.—In the case of treating equip-
2
ment as stocks of the Department of Defense pursu-
3
ant to paragraph (1)(A), the Secretary shall trans-
4
mit to the congressional defense committees not
5
later than 15 days after submitting the notification
6
required in paragraph (3) a report with the plan of
7
the Department of Defense to replace the equipment
8
originally intended for the Government of Ukraine,
9
including sourcing, timeline for procurement, and
10
delivery.’’.
11
SEC.
1244.
12
13
MILITARY
INTELLIGENCE
SUPPORT
FOR
UKRAINE.
(a) NOTIFICATION REQUIRED.—The Secretary of
14 Defense shall submit to the Committees on Armed Serv15 ices of the Senate and House of Representatives, the Se16 lect Committee on Intelligence of the Senate, and the Per17 manent Select Committee on Intelligence of the House of
18 Representatives a notification not later than 48 hours
19 after a decision to pause, terminate, or otherwise restrict
20 or materially downgrade intelligence support, including in21 formation, intelligence, and imagery collection authorized
22 under title 10, United States Code, to the Government of
23 Ukraine for the purpose of supporting military operations
24 of the Government of Ukraine.
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(b) ELEMENTS.—The notification required in sub-
2 section (a) shall include—
3
(1) a detailed description of the reason for the
4
pause, termination, restriction, or material down-
5
grade of United States support;
6
7
(2) the expected duration of the pause, termination, restriction, or material downgrade; and
8
(3) the anticipated impact of such decision on
9
the ability of Ukraine to conduct effective military
10
operations.
11
(c) SUNSET.—This section shall cease to be effective
12 on December 31, 2027.
13
SEC. 1245. REPORT RELATING TO ALLIED AND PARTNER
14
15
SUPPORT TO UKRAINE.
Section 1243 of the National Defense Authorization
16 Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat.
17 460) is amended—
18
(1) by amending subsection (a) to read as fol-
19
lows:
20
‘‘(a) REPORT REQUIRED.—Not later than 90 days
21 after the date of enactment of this Act, and every 90 days
22 thereafter, the Secretary of Defense shall submit to the
23 appropriate congressional committees a report that in24 cludes—
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‘‘(1) an accounting of all bilateral military con-
2
tributions to Ukraine made by allied and partner
3
countries or multinational organizations in absolute
4
and relative terms, disaggregated by country and or-
5
ganization, since January 1, 2022, including a sepa-
6
rate accounting of such contributions during the re-
7
porting period;
8
‘‘(2) an accounting of all contributions to
9
Ukraine made by allied and partner countries using
10
the United States Jumpstart initiative, detailing the
11
authorities used, quantity, valuation, and delivery
12
timeline for each contribution and including a sepa-
13
rate accounting of such contributions during the re-
14
porting period;
15
‘‘(3) an accounting of all contributions to
16
Ukraine made by allied and partner countries using
17
the United States Prioritized Ukraine Requirements
18
List (PURL) initiative to the Ukraine Security
19
Assitance Initiative (USAI) account, including a sep-
20
arate accounting of such contributions during the re-
21
porting period as well as—
22
‘‘(A) the allied contributions used for new
23
procurements using the USAI account, includ-
24
ing
25
timeline for each new procurement;
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the
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valuation,
and
delivery
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1
‘‘(B) the allied contributions used for the
2
replacement of any weapons or articles provided
3
to the Government of Ukraine, including the
4
quantity, valuation, and delivery timeline for
5
each item that has been sent to the Government
6
of Ukraine from United States stocks; and
7
‘‘(C) a comprehensive list of United States
8
weapon systems provided to Ukraine associated
9
with the allied contributions to the PURL ini-
10
tiative, including, for each such system, an
11
identification of whether it was previously com-
12
mitted to Ukraine under USAI or through pres-
13
idential drawdown authority, and, if so, the spe-
14
cific assistance package in which the commit-
15
ment was made;
16
‘‘(4) a statement of the remaining unobligated
17
balance of funds in the USAI account, including a
18
description of when such balance will expire;
19
‘‘(5) a plan for how the Secretary intends to
20
use the remaining unobligated funds from allied con-
21
tributions to the USAI account to support Ukraine’s
22
capacity to defend itself and strengthen its deter-
23
rence against future aggression by the Russian Fed-
24
eration;
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‘‘(6) a plan for further engagement with allied
2
and partner countries on the use of the PURL ini-
3
tiative to support Ukraine’s capacity to defend itself
4
and to strengthen its deterrence against future ag-
5
gression by the Russian Federation;
6
‘‘(7) an identification of any weapon system
7
during the reporting period that meets Ukrainian re-
8
quirements, as validated by the Commander of the
9
United States European Command, but has not
10
been delivered to Ukraine by the United States or
11
an allied or partner country; and
12
13
‘‘(8) any other matters that the Secretary determines to be relevant.’’;
14
15
(2) in subsection (c), by striking ‘‘January 1,
2025’’ and inserting ‘‘January 1, 2027’’;
16
17
(3) by redesignating subsection (c), as so
amended, as subsection (d); and
18
(4) by inserting after subsection (b) the fol-
19
lowing new subsection:
20
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES
21 DEFINED.—In this section, the term ‘appropriate congres22 sional committees’ means—
23
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‘‘(1) the congressional defense committees; and
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1
‘‘(2) the Committee on Foreign Relations of the
2
Senate and the Committee on Foreign Affairs of the
3
House of Representatives.’’.
4
SEC. 1246. ALLIED CONTRIBUTIONS TO UNITED STATES
5
FORCE
6
FLANK.
7
POSTURE
ON
NATO’S
EASTERN
Section 2350j of title 10, United States Code, is
8 amended—
9
10
(1) in subsection (b), by inserting ‘‘another
country or’’ before ‘‘a regional organization’’;
11
(2) in subsection (c)—
12
(A) in paragraph (1), by adding at the end
13
before the period the following: ‘‘in the host na-
14
tion or another country’’;
15
(B) in paragraph (2), by adding at the end
16
before the period the following: ‘‘in the host na-
17
tion or another country’’;
18
(C) in paragraph (3), by adding at the end
19
before the period the following: ‘‘in the host na-
20
tion or another country’’; and
21
(D) by adding at the end the following:
22
‘‘(4) Other logistical and operational support
23
for the armed forces in a deployed or rotational sta-
24
tus in a country that is a member of the North At-
25
lantic Treaty Organization.’’;
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1
2
(3) in paragraph (2) of subsection (f), by
amending subparagraph (E) to read as follows:
3
‘‘(E) The amount of such burden sharing
4
contributions expended, by eligible category, in-
5
cluding compensation for—
6
‘‘(i) local national employees;
7
‘‘(ii) military construction projects;
8
‘‘(iii) supplies and services of the De-
9
partment of Defense; and
10
‘‘(iv) other logistical and operational
11
support for the armed forces in a deployed
12
or rotational status in a country that is a
13
member of the North Atlantic Treaty Or-
14
ganization.’’; and
15
(4) by adding at the end the following:
16
‘‘(g) OTHER LOGISTICAL AND OPERATIONAL SUP-
17
PORT FOR THE ARMED FORCES DEFINED.—In this sec-
18 tion, the term ‘other logistical and operational support for
19 the armed forces’—
20
‘‘(1) means the reasonable and proper costs of
21
the armed forces for fuel, transportation, force pro-
22
tection (including cyber protection), training ammu-
23
nition, utilities, and medical and maintenance serv-
24
ices, including services required to maintain infra-
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1
structure, pre-positioned stocks, and equipment in
2
good working order; and
3
‘‘(2) does not include pay, allowances, and other
4
normal benefits to which members of the United
5
States armed forces are entitled.’’.
6
SEC. 1247. BALTIC SECURITY INITIATIVE.
7
(a) IN GENERAL.—Pursuant to the authorities pro-
8 vided in chapter 16 of title 10, United States Code, the
9 Secretary of Defense, in coordination with the Commander
10 of United States European Command, shall establish and
11 carry out an initiative, to be known as the ‘‘Baltic Security
12 Initiative’’, for the purpose of deepening security coopera13 tion with the military forces of the Baltic countries.
14
(b) RELATIONSHIP TO EXISTING AUTHORITIES.—
15 The initiative required by subsection (a) shall be carried
16 out pursuant to the authorities provided in title 10, United
17 States Code.
18
(c) OBJECTIVES.—The objectives of the initiative re-
19 quired by subsection (a) should include—
20
21
(1) to achieve United States national security
objectives by—
22
23
(A) deterring aggression by the Russian
Federation; and
24
(B) implementing NATO’s Strategic Con-
25
cept, which seeks to strengthen the Alliance’s
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1
deterrence and defense posture by denying po-
2
tential adversaries any possible opportunities
3
for aggression;
4
(2) to enhance regional planning and coopera-
5
tion among the military forces of the Baltic coun-
6
tries, particularly with respect to long-term regional
7
capability projects, including—
8
(A) long-range precision fire systems and
9
capabilities;
10
(B) integrated air and missile defense;
11
(C) maritime domain awareness;
12
(D) land forces development, including
13
stockpiling large caliber ammunition;
14
(E) command, control, communications,
15
computers, intelligence, surveillance, and recon-
16
naissance;
17
(F) special operations forces development;
18
(G) coordination with and security en-
19
hancements for Poland; and
20
(H) other military capabilities, as deter-
21
mined by the Secretary of Defense; and
22
(3) with respect to the military forces of the
23
Baltic countries, to improve cyber defenses and resil-
24
ience to hybrid threats.
25
(d) STRATEGY.—
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1
(1) IN GENERAL.—Not later than 120 after the
2
date of the enactment of this Act, the Secretary of
3
Defense, in coordination with the Commander of
4
United States European Command, shall submit to
5
the Committee on Armed Services of the Senate and
6
the Committee on Armed Services of the House of
7
Representatives a report setting forth a strategy to
8
achieve the objectives described in subsection (c).
9
(2) CONSIDERATIONS.—The strategy required
10
by this subsection shall include a consideration of—
11
(A) security cooperation programs for the
12
Baltic countries that are authorized as of the
13
date on which the report containing the strat-
14
egy is submitted;
15
(B)
the
ongoing
security
threats
to
16
NATO’s eastern flank posed by Russian aggres-
17
sion, including as a result of the Russian Fed-
18
eration’s 2022 invasion of Ukraine with support
19
from Belarus;
20
(C) the ongoing security threats to the
21
Baltic countries posed by the presence, coercive
22
economic policies, and other malign activities of
23
the People’s Republic of China; and
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1
(D) a description of how NATO allies are
2
supporting the Baltic countries to achieve the
3
objectives described in subsection (c).
4
(e) SENSE OF CONGRESS.—It is the sense of Con-
5 gress that Baltic countries that participate in the initiative
6 required by subsection (a) should make investments in
7 Baltic defense in amounts that, at a minimum, match with
8 total amounts provided by the Department of Defense for
9 the initiative.
10
(f) DEFINITIONS.—In this section—
11
(1) the term ‘‘Baltic countries’’ means—
12
(A) Estonia;
13
(B) Latvia; and
14
(C) Lithuania; and
15
(2) the term ‘‘NATO’’ means the North Atlan-
16
tic Treaty Organization.
17
(g) SUNSET.—The requirement under subsection (a)
18 shall terminate on December 31, 2028.
19
SEC. 1248. MODIFICATION OF UNITED STATES BASING AND
20
TRAINING, AND EXERCISES IN NORTH ATLAN-
21
TIC TREATY ORGANIZATION MEMBER COUN-
22
TRIES.
23
Section 1250 of the National Defense Authorization
24 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
25 113 note) is amended to read as follows:
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1
‘‘SEC. 1250. UNITED STATES BASING AND TRAINING IN
2
NORTH ATLANTIC TREATY ORGANIZATION
3
MEMBER COUNTRIES.
4
‘‘In considering decisions related to United States
5 military basing and training in North Atlantic Treaty Or6 ganization member countries, the Secretary of Defense
7 shall include among the factors for consideration progress
8 toward the defense investment commitment agreed to in
9 the Hague Summit Declaration of June 25, 2025, to in10 vest not less than 5 percent of gross domestic product an11 nually in defense by 2035, of which—
12
‘‘(1) not less than 3.5 percent is dedicated to
13
core defense requirements and North Atlantic Trea-
14
ty Organization capability targets; and
15
‘‘(2) not less than 1.5 percent is dedicated to
16
other defense and security related investments.’’.
17
SEC. 1249. OVERSIGHT OF UNITED STATES MILITARY POS-
18
19
TURE IN EUROPE.
(a) PROHIBITION ON USE OF FUNDS.—Until the
20 date that is 60 days after the date on which the Com21 mander of the United States European Command and the
22 Secretary of Defense, in consultation with the heads of
23 other relevant Federal departments and agencies, have
24 each, independently, submitted to the congressional de25 fense committees the certification described in subsection
26 (b) and the applicable assessment described in subsection
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1 (c), none of the amounts authorized to be appropriated
2 by this Act or otherwise made available for fiscal year
3 2026 may be obligated or expended—
4
(1) to reduce the total number of members of
5
the Armed Forces permanently stationed in or de-
6
ployed to the area of responsibility of the United
7
States European Command below 76,000 for longer
8
than a 45-day period;
9
(2) to divest, consolidate, or otherwise return to
10
a host country any parcel of land or facility located
11
on real property under the jurisdiction of the United
12
States European Command as of June 1, 2025;
13
(3) to divest, redeploy, withdraw, or otherwise
14
permanently move out of the area of responsibility of
15
the United States European Command any Depart-
16
ment of Defense equipment or physical property
17
with an initial purchase value of more than
18
$500,000 and positioned in such area of responsi-
19
bility as of June 1, 2025; or
20
(4) to relinquish the role of the Commander of
21
the United States European Command as North At-
22
lantic Treaty Organization Supreme Allied Com-
23
mander Europe.
24
(b) CERTIFICATION DESCRIBED.—The certification
25 described in this subsection is a certification that a pro-
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1 posed action described in any of paragraphs (1) through
2 (4) of subsection (a)—
3
4
(1) is in the national security interest of the
United States; and
5
(2) is being undertaken only after appropriate
6
consultations with all North Atlantic Treaty Organi-
7
zation (NATO) allies and relevant non-NATO part-
8
ners.
9
(c) ASSESSMENT DESCRIBED.—
10
11
(1) IN GENERAL.—An assessment described in
this subsection is the following:
12
(A) In the case of a proposed action de-
13
scribed in any of paragraphs (1) through (3) of
14
subsection (a)—
15
16
(i) an analysis of the impact of such
an action on—
17
(I) the security of the United
18
States;
19
(II) the ability of the Armed
20
Forces to provide forward defense of
21
the United States;
22
(III) NATO’s defense and deter-
23
rent posture against current and fu-
24
ture Russian aggression, as well as
25
the security of NATO as a whole; and
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1
(IV) the ability of the United
2
States to meet national NATO capa-
3
bility targets, commitments to the
4
NATO Force Model, regional and the-
5
ater
6
warfighting requirements;
7
(ii) an analysis of the impact of such
8
an action on the ability of the Armed
9
Forces to execute contingency plans of the
10
Department of Defense, including those in
11
the area of responsibility of United States
12
European Command or in support of oper-
13
ations and crisis response in the areas of
14
responsibility of United States Central
15
Command and United States Africa Com-
16
mand;
campaign
plans,
and
other
17
(iii) a description of the specific re-
18
quirements being prioritized that neces-
19
sitate such an action;
20
(iv) a detailed analysis of the costs, as
21
a result of such an action, for relocation of
22
personnel, equipment, and associated infra-
23
structure;
24
(v) an analysis of the impact of such
25
an action on military training and major
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1
military exercises, including on interoper-
2
ability and joint activities with NATO al-
3
lies and partners;
4
(vi) a description of consultations re-
5
garding such an action with each NATO
6
ally and all relevant non-NATO partners;
7
(vii) an assessment of the impact of
8
such an action on the credibility of United
9
States extended deterrence commitments
10
to NATO allies and the potential for nu-
11
clear proliferation in the European theater;
12
(viii) an assessment of the impact of
13
such an action on transatlantic cooperation
14
to deter potential threats from the People’s
15
Republic of China; and
16
(ix) with respect to an assessment
17
under this subparagraph relating to a pro-
18
posed action described in subsection (a)(1),
19
an articulation of the plan, generated in
20
coordination with NATO allies, to ensure
21
that other members of NATO have avail-
22
able capabilities and capacity to assume
23
the roles and responsibilities of the United
24
States Armed Forces to be withdrawn as a
25
result of such action.
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992
1
2
(B) In the case of a proposed action described in paragraph (4) of subsection (a)—
3
(i) an explanation of the role of
4
United States nuclear weapons in sup-
5
porting NATO operations and activities
6
following such action, including changes to
7
command-and-control relationships and ad-
8
justments to the United States nuclear
9
posture;
10
(ii) a description of consultations re-
11
garding such action with all NATO allies
12
and relevant non-NATO partners, includ-
13
ing through the Nuclear Planning Group
14
of NATO;
15
(iii) an assessment of the impact of
16
such action on the effectiveness of NATO
17
nuclear deterrence;
18
(iv) a risk assessment of—
19
(I) the nuclear capabilities of
20
NATO allies; and
21
(II) the potential for nuclear pro-
22
liferation in Europe; and
23
(v) a risk assessment of—
24
(I) the capability and capacity of
25
nuclear-armed NATO allies to effec-
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1
tively deter and, if necessary, defeat
2
likely adversaries in the nuclear do-
3
main absent a United States com-
4
mander serving in the role of North
5
Atlantic Treaty Organization Supreme
6
Allied Commander Europe;
7
(II) changes to be made to exist-
8
ing United States contingency plans if
9
other NATO member countries with
10
nuclear capabilities were to provide
11
extended nuclear deterrence to NATO;
12
and
13
(III) the impact of such provision
14
of extended nuclear deterrence on
15
United States nuclear posture and de-
16
terrence planning requirements.
17
(2) COORDINATION REQUIRED.—In independ-
18
ently conducting the assessments described in
19
clauses (iv) and (v) of paragraph (1)(B) with respect
20
to a proposed action described in subsection (a)(4),
21
the Secretary of Defense shall coordinate such as-
22
sessment—
23
(A) with the Chairman of the Joint Chiefs
24
of Staff, with respect to the independent risk
25
assessment described in such clause (iv); and
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1
(B) with the Commander of the United
2
States Strategic Command, with respect to the
3
independent
4
clause (v).
5
(d) FORM.—
6
(1)
assessment
described
CERTIFICATION.—The
in
such
certification
de-
7
scribed in subsection (b) shall be submitted in un-
8
classified form.
9
(2) ASSESSMENT.—The assessment described in
10
subsection (c) shall be submitted in unclassified
11
form but may include a classified annex.
12
(3) PROHIBITION ON MODIFICATION.—Any as-
13
sessment required under this section shall be sub-
14
mitted to the congressional defense committees with-
15
out modification or alteration.
16
(e) SUNSET.—The limitation under subsection (a)
17 shall terminate on December 31, 2027.
18
(f) BRIEFING.—
19
(1) IN GENERAL.—Not later than April 15,
20
2026, and again not later than September 15, 2026,
21
the Under Secretary of Defense for Policy shall pro-
22
vide to the Committee on Armed Services of the
23
Senate and the Committee on Armed Services of the
24
House of Representatives a classified briefing on the
25
implementation of the national defense strategy, in-
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1
cluding the policy and overall guidance for the gov-
2
ernance of the global defense posture.
3
(2) DELEGATION.—The Under Secretary of De-
4
fense for Policy may not delegate the briefings re-
5
quired under this subsection.
6
(3) LIMITATION.—Of the amounts authorized
7
to be appropriated by this Act or otherwise made
8
available for fiscal year 2026 for operation and
9
maintenance, defense-wide, and made available for
10
the Office of the Under Secretary of Defense for
11
Policy for travel expenses, not more than 50 percent
12
may be obligated or expended unless the Under Sec-
13
retary of Defense for Policy provides the first brief-
14
ing to Congress required under paragraph (1) not
15
later than April 15, 2026.
16
SEC. 1250. REPORT ON UNITED STATES DETERRENCE AND
17
DEFENSE POSTURE IN THE EUROPEAN RE-
18
GION.
19
(a) REPORT REQUIRED.—
20
(1) IN GENERAL.—At the same time as the
21
submission of the budget of the President (sub-
22
mitted to Congress pursuant to section 1105 of title
23
31, United States Code) for fiscal years 2027 and
24
2028, the Commander of the United States Euro-
25
pean Command shall submit to the congressional de-
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996
1
fense committees a report containing the inde-
2
pendent assessment of the Commander with respect
3
to the activities and resources required, for the first
4
fiscal year beginning after the date of submission of
5
the report and the four following fiscal years, to
6
achieve the following objectives:
7
(A) The maintenance of the comparative
8
military advantage of the United States and
9
North Atlantic Treaty Organization (NATO)
10
with respect to the Russian Federation, ac-
11
counting for expanding allied capabilities as al-
12
liance members increase defense spending to
13
fulfill commitments made at the 2025 NATO
14
Summit in The Hague.
15
(B) The reduction of the risk of executing
16
contingency plans of the Department of De-
17
fense, including contingency plans conducted by
18
United States Central Command and United
19
States Africa Command.
20
(C) The maintenance of the capability and
21
capacity to defend the homeland forward.
22
(2) MATTERS TO BE INCLUDED.—The report
23
required by paragraph (1) shall include the fol-
24
lowing:
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1
(A) With respect to the achievement of the
2
objectives described in paragraph (1), a descrip-
3
tion of the intended force structure and posture
4
of assigned and allocated forces in each NATO
5
member country.
6
7
(B) An assessment of the capability requirements to achieve such objectives.
8
(C) An assessment of logistics require-
9
ments, including personnel, equipment, supplies,
10
storage, and maintenance needs to achieve such
11
objectives.
12
(D) An identification of required infra-
13
structure and military construction investments
14
to achieve such objectives.
15
(E) An assessment of security cooperation
16
authorities, activities, and resources required to
17
achieve such objectives.
18
(F)(i) A plan to fully resource United
19
States force posture and capabilities, includ-
20
ing—
21
(I) a detailed assessment of the re-
22
sources necessary to address the elements
23
described in subparagraphs (A) through
24
(E), including specific cost estimates for
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1
recommended investments or projects, and
2
anticipated allied contributions—
3
(aa) to maintain a posture and
4
presence of the United States Armed
5
Forces that meet the objectives of
6
paragraph (1);
7
(bb) to maintain the logistics and
8
maintenance capabilities and the pre-
9
positioning of equipment, munitions,
10
fuel, and materiel that meet the objec-
11
tives of paragraph (1);
12
(cc) to carry out a program of
13
exercises, training, experimentation,
14
and innovation for the joint force that
15
meet the objectives of paragraph (1);
16
(dd) to maintain the infrastruc-
17
ture to ensure the responsiveness and
18
resiliency of the United States Armed
19
Forces within NATO in order to meet
20
the objectives of paragraph (1);
21
(ee) to build the defense and se-
22
curity capabilities and capacity of al-
23
lies and partners that meet the objec-
24
tives of paragraph (1); and
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1
(ff) to modernize the capabilities
2
available to the United States Euro-
3
pean Command to meet the objectives
4
of paragraph (1); and
5
(II) a detailed timeline to achieve the
6
intended force structure and posture de-
7
scribed in clause (i).
8
(ii) The specific cost estimates required by
9
clause (i)(I) shall, to the maximum extent prac-
10
ticable, include the following:
11
12
(I) With respect to procurement accounts—
13
(aa) amounts displayed by ac-
14
count, budget activity, line number,
15
line item, and line item title; and
16
(bb) a description of the require-
17
ments for each such amount.
18
(II) With respect to research, develop-
19
ment, test, and evaluation accounts—
20
(aa) amounts displayed by ac-
21
count, budget activity, line number,
22
program element, and program ele-
23
ment title; and
24
(bb) a description of the require-
25
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1000
1
2
(III) With respect to operation and
maintenance accounts—
3
(aa) amounts displayed by ac-
4
count title, budget activity title, line
5
number, and subactivity group title;
6
and
7
(bb) a description of the specific
8
manner in which each such amount
9
would be used.
10
(IV) With respect to military per-
11
sonnel accounts—
12
(aa) amounts displayed by ac-
13
count, budget activity, budget sub-
14
activity, and budget subactivity title;
15
and
16
(bb) a description of the require-
17
ments for each such amount.
18
(V) With respect to each project
19
under military construction accounts (in-
20
cluding unspecified minor military con-
21
struction and amounts for planning and
22
design), the country, location, project title,
23
and project amount for each fiscal year.
24
(VI) With respect to any expenditure
25
or proposed appropriation not described in
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1001
1
subclauses (I) through (V), a level of detail
2
equivalent to or greater than the level of
3
detail provided in the future-years defense
4
program submitted pursuant to section
5
221(a) of title 10, United States Code.
6
(iii) A budget display, prepared with the
7
assistance of the Under Secretary of Defense
8
(Comptroller), that compares the independent
9
assessment of the Commander of the United
10
States European Command with the amounts
11
contained in the budget display for the applica-
12
ble fiscal year.
13
(3) FORM.—The report required by paragraph
14
(1) may be submitted in classified form, but shall in-
15
clude an unclassified summary.
16
(b) BRIEFING REQUIRED.—Not later than 15 days
17 after the submission of the budget of the President (sub18 mitted to Congress pursuant to section 1105 of title 31,
19 United States Code) for fiscal years 2027 and 2028, the
20 Secretary of Defense (acting through the Under Secretary
21 of Defense for Policy, the Under Secretary of Defense
22 (Comptroller), and the Director of Cost Assessment and
23 Program Evaluation) and the Chairman of the Joint
24 Chiefs of Staff shall provide to the congressional defense
25 committees a joint briefing, and any written comments the
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1002
1 Secretary of Defense and the Chairman of the Joint
2 Chiefs of Staff consider necessary, with respect to their
3 assessments of the report submitted under subsection (a),
4 including their assessments of the feasibility and advis5 ability of the plan required by subsection (a)(2)(F).
Subtitle F—Matters Relating to the
7
Indo-Pacific Region
6
8
SEC. 1251. EXTENSION OF PACIFIC DETERRENCE INITIA-
9
10
TIVE.
(a) FUNDING.—Subsection (c) of section 1251 of the
11 William M. (Mac) Thornberry National Defense Author12 ization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
13 is amended—
14
(1) by striking ‘‘the National Defense Author-
15
ization Act for Fiscal Year 2025’’ and inserting ‘‘the
16
National Defense Authorization Act for Fiscal Year
17
2026’’; and
18
(2) by striking ‘‘fiscal year 2025’’ and inserting
19
‘‘fiscal year 2026’’.
20
(b) REPORTS AND BRIEFINGS.—Subsection (d) of
21 such section is amended—
22
(1) in paragraph (1)(A), in the matter pre-
23
ceding clause (i), by striking ‘‘fiscal years 2026 and
24
2027’’ and inserting ‘‘fiscal years 2027 and 2028’’;
25
and
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1
(2) in paragraph (2), by striking ‘‘fiscal years
2
2025 and 2026’’ each place it appears and inserting
3
‘‘fiscal years 2027 and 2028’’.
4
(c) EXTENSION OF PLAN.—Subsection (e) of such
5 section is amended, in the matter preceding paragraph
6 (1), by striking ‘‘fiscal years 2026 and 2027’’ and insert7 ing ‘‘fiscal years 2027 and 2028’’.
8
SEC. 1252. EXTENSION OF INDO-PACIFIC EXTENDED DETER-
9
RENCE EDUCATION PILOT PROGRAM.
10
Section 1314(c) of the Servicemember Quality of Life
11 Improvement and National Defense Authorization Act for
12 Fiscal Year 2025 (Public Law 118–159) is amended by
13 striking ‘‘December 31, 2027’’ and inserting ‘‘December
14 31, 2030’’.
15
SEC. 1253. PARTNERSHIP FOR INDO-PACIFIC INDUSTRIAL
16
17
RESILIENCE.
(a) ESTABLISHMENT.—The Secretary of Defense, in
18 coordination with the Secretary of State, shall establish
19 and maintain an initiative, to be known as the ‘‘Partner20 ship for Indo-Pacific Industrial Resilience’’ (referred to in
21 this section as the ‘‘Initiative’’), to strengthen cooperation
22 among the defense industrial bases of the United States
23 and allied and partner countries in the Indo-Pacific region
24 and other countries supporting Indo-Pacific defense indus25 trial resilience.
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1
(b) OBJECTIVES.—The objectives of the Initiative
2 shall be the following:
3
(1) To enable the production and supply of the
4
material necessary for equipping the Armed Forces
5
of the United States and the military forces of allied
6
and partner countries to achieve—
7
(A) the objectives set forth in the most re-
8
cent national security strategy report submitted
9
to Congress by the President pursuant to sec-
10
tion 108 of the National Security Act of 1947
11
(50 U.S.C. 3043);
12
(B) the policy guidance of the Secretary of
13
Defense provided pursuant to section 113(g) of
14
title 10, United States Code; and
15
(C) the future-years defense program sub-
16
mitted to Congress by the Secretary of Defense
17
pursuant to section 221 of title 10, United
18
States Code.
19
(2) To strengthen the collective defense indus-
20
trial base by expanding industrial base capability,
21
capacity, and workforce, including with respect to
22
enhanced supply chain security, interoperability, and
23
resilience among participating countries.
24
25
(3) To identify and mitigate industrial base
vulnerabilities across partner countries.
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1
(4) To advance research and development ac-
2
tivities to provide the Armed Forces of the United
3
States and the military forces of allied and partner
4
countries with systems capable of ensuring techno-
5
logical superiority over potential adversaries.
6
(5) To promote co-development, co-production,
7
and procurement collaboration in key defense sec-
8
tors.
9
(6) To promote defense innovation, improve in-
10
formation sharing, encourage standardization, re-
11
duce barriers to cooperation, and otherwise mitigate
12
potential vulnerabilities and facilitate collaboration.
13
(7) Any other matter the Secretary of Defense
14
considers appropriate.
15
(c) DESIGNATION OF SENIOR OFFICIAL.—
16
(1) IN GENERAL.—Not later than 180 days
17
after the date of the enactment of this Act, the Sec-
18
retary of Defense shall designate a senior civilian of-
19
ficial of the Department of Defense at the Assistant
20
Secretary level or above to lead relevant efforts of
21
the Initiative, as determined by the Secretary.
22
(2) NOTIFICATION.—Not later than 30 days
23
after the date on which the Secretary of Defense
24
makes or changes a designation under paragraph
25
(1), the Secretary shall submit to the congressional
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1
defense committees a notification of such designa-
2
tion or change.
3
(d) PARTICIPATION.—The Secretary of Defense, in
4 coordination with the Secretary of State, shall establish
5 a process to determine which allies and partners of the
6 United States (including Australia, Japan, the Republic
7 of Korea, India, the Philippines, and New Zealand) shall
8 be invited to participate as member countries of the Initia9 tive.
10
(e) AUTHORITIES.—To carry out this section, the
11 Secretary of Defense may do the following:
12
(1) Enter into agreements and memoranda of
13
understanding with appropriate counterparts from
14
participating countries.
15
16
(2) Establish working groups and technical exchanges.
17
(3) Provide technical assistance and capacity-
18
building support to partner countries using authori-
19
ties available to the Secretary under title 10, United
20
States Code.
21
(4) Engage with industry, capital providers,
22
academia, and any other stakeholders necessary to
23
advance the objectives described in subsection (b).
24
(f) REPORT AND BRIEFING.—
25
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(1) REPORT.—
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1
(A) IN GENERAL.—Not later than March
2
1, 2027, and annually thereafter through 2031,
3
the Secretary of Defense shall submit to the
4
congressional defense committees, the Com-
5
mittee on Foreign Affairs of the House of Rep-
6
resentatives, and the Committee on Foreign Re-
7
lations of the Senate a report on the status and
8
progress of the Initiative.
9
10
(B) ELEMENTS.—Each report required by
subparagraph (A) shall include the following:
11
12
(i) An assessment of shared industrial
base vulnerabilities.
13
(ii) An overview of efforts among par-
14
ticipating countries to enhance supply
15
chain integrity and resilience.
16
(iii) A description of any joint defense
17
production or co-development initiative, in-
18
cluding any such initiative involving sen-
19
sitive or classified technologies.
20
21
(iv) An articulation of priority initiatives for the upcoming fiscal year.
22
(v) Recommendations for legislative,
23
regulatory, policy, or resourcing changes to
24
achieve the objectives described in sub-
25
section (b).
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1008
1
(vi) Any other matter the Secretary of
2
Defense considers appropriate.
3
(2) BRIEFING.—Not later than December 1,
4
2026, and annually thereafter through 2030, the
5
Secretary of Defense shall provide the congressional
6
defense committees, the Committee on Foreign Af-
7
fairs of the House of Representatives, and the Com-
8
mittee on Foreign Relations of the Senate with a
9
briefing on the progress made toward achieving the
10
objectives described in subsection (b).
11
(g) TERMINATION.—The authority under this section
12 shall terminate on December 31, 2030.
13
SEC. 1254. STRATEGY TO STRENGTHEN MULTILATERAL DE-
14
15
FENSE IN THE INDO-PACIFIC.
(a) IN GENERAL.—The Secretary of Defense, in co-
16 ordination with the Secretary of State, shall develop and
17 implement a strategy to strengthen multilateral defense
18 against regional aggression in the Indo-Pacific region by
19 expanding multilateral coordination with United States al20 lies and partners in the region.
21
(b) STRATEGY REQUIREMENTS.—The strategy re-
22 quired by subsection (a) shall describe current activities
23 and initiatives and identify future actions to be taken over
24 the next 5 years by the Department of Defense to—
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(1) expand existing bilateral engagements into
2
multilateral forums with a focus on defense-related
3
planning and military exercises;
4
(2) prioritize the acquisition and fielding of
5
military capabilities necessary for enhancing multi-
6
lateral defense, including long-range precision fires
7
and integrated air defenses amongst United States
8
allies and partners in the Indo-Pacific region;
9
(3) leverage reciprocal access agreements be-
10
tween the United States and its Indo-Pacific allies,
11
particularly Japan, the Philippines, South Korea,
12
and Australia, to expand regional access for allied
13
and partner militaries, including for purposes of en-
14
hancing interoperability, prepositioning munitions
15
stockpiles, and jointly supporting and leveraging
16
shared facilities, operational access, and infrastruc-
17
ture;
18
(4) improve command and control structures to
19
enable enhanced multilateral coordination with Indo-
20
Pacific allies and partners;
21
(5) expand information-sharing and maritime
22
domain awareness among the United States and
23
Indo-Pacific allies and partners;
24
(6) expand the scope and scale of multilateral
25
military exercises and operations in the region, in-
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1
cluding more frequent combined maritime operations
2
through the Taiwan Strait and in the South China
3
Sea; and
4
(7) consider foreseeable strategic and oper-
5
ational contingencies affecting the security of stra-
6
tegic transit routes in the Indo-Pacific region.
7
(c) SUBMISSION; INTERIM REPORT.—
8
(1) SUBMISSION OF STRATEGY.—Not later than
9
180 days after the date of the enactment of this Act,
10
the Secretary of Defense shall submit to the con-
11
gressional defense committees, the Committee on
12
Foreign Affairs of the House of Representatives,
13
and the Committee on Foreign Relations of the Sen-
14
ate the strategy required by subsection (a), including
15
an identification of—
16
(A) any changes to funding or policy re-
17
quired to strengthen multilateral defense among
18
the United States and allies and partners in the
19
Indo-Pacific against regional aggression; and
20
(B) any additional resources necessary to
21
develop or to implement the requirements de-
22
scribed in subsection (b).
23
(2) INTERIM REPORT ON IMPLEMENTATION.—
24
Not later than March 15, 2027, the Secretary of De-
25
fense shall submit to the congressional defense com-
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1011
1
mittees, the Committee on Foreign Affairs of the
2
House of Representatives, and the Committee on
3
Foreign Relations of the Senate a report on the
4
progress of the implementation of the strategy re-
5
quired by subsection (a), including a description of
6
any gap in resources or authority that limits the
7
ability of the Department to execute such strategy.
8
SEC. 1255. SENSE OF CONGRESS ON DEFENSE ALLIANCES
9
AND PARTNERSHIPS IN THE INDO-PACIFIC
10
REGION.
11
It is the sense of Congress that the Secretary of De-
12 fense should continue efforts that strengthen United
13 States defense alliances and partnerships in the Indo-Pa14 cific region so as to further the comparative advantage of
15 the United States in strategic competition with the Peo16 ple’s Republic of China, including by—
17
(1) enhancing cooperation with Japan, con-
18
sistent with the Treaty of Mutual Cooperation and
19
Security Between the United States of America and
20
Japan, signed at Washington, January 19, 1960, in-
21
cluding by developing advanced military capabilities,
22
upgrading command and control relationships, fos-
23
tering interoperability across all domains, and im-
24
proving sharing of information and intelligence;
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1
(2) reinforcing the United States alliance with
2
South Korea, including by maintaining the presence
3
of approximately 28,500 members of the United
4
States Armed Forces deployed to South Korea, en-
5
hancing mutual defense base cooperation, and af-
6
firming the United States extended deterrence com-
7
mitment using the full range of United States de-
8
fense capabilities, consistent with the Mutual De-
9
fense Treaty Between the United States and the Re-
10
public of Korea, signed at Washington, October 1,
11
1953, in support of the shared objective of a peace-
12
ful and stable Korean Peninsula;
13
(3) fostering bilateral and multilateral coopera-
14
tion with Australia, consistent with the Security
15
Treaty Between Australia, New Zealand, and the
16
United States of America, signed at San Francisco,
17
September, 1951, and through the partnership
18
among Australia, the United Kingdom, and United
19
States (commonly known as ‘‘AUKUS’’ )—
20
(A) to advance shared security objectives;
21
(B) to accelerate the fielding of advanced
22
military capabilities; and
23
24
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1
(4) advancing United States alliances with the
2
Philippines and Thailand and United States partner-
3
ships with other partners in the Association of
4
Southeast Asian Nations to enhance maritime do-
5
main awareness, promote sovereignty and territorial
6
integrity, leverage technology and promote innova-
7
tion, and support an open, inclusive, and rules-based
8
regional architecture;
9
(5) broadening United States engagement with
10
India, including through the Quadrilateral Security
11
Dialogue—
12
(A) to advance the shared objective of a
13
free and open Indo-Pacific region through bilat-
14
eral and multilateral engagements and partici-
15
pation in military exercises, expanded defense
16
trade, and collaboration on humanitarian aid
17
and disaster response; and
18
(B) to enable greater cooperation on mari-
19
time security;
20
(6) strengthening the United States partnership
21
with Taiwan, consistent with the Three Commu-
22
niques, the Taiwan Relations Act (Public Law 96–
23
8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
24
with the goal of improving Taiwan’s defensive capa-
25
bilities and promoting peaceful cross-strait relations;
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1
(7) reinforcing the status of Singapore as a
2
Major Security Cooperation Partner of the United
3
States and continuing to strengthen defense and se-
4
curity cooperation between the military forces of
5
Singapore and the United States Armed Forces, in-
6
cluding through participation in combined exercises
7
and training;
8
(8) engaging with the Federated States of Mi-
9
cronesia, the Marshall Islands, Palau, and other Pa-
10
cific island countries, with the goal of strengthening
11
regional security and addressing issues of mutual
12
concern, including protecting fisheries from illegal,
13
unreported, and unregulated fishing;
14
(9) collaborating with Canada, the United
15
Kingdom, France, and other members of the Euro-
16
pean Union and the North Atlantic Treaty Organi-
17
zation to build connectivity and advance a shared vi-
18
sion for the region that is principled, long-term, and
19
anchored in democratic resilience; and
20
(10) investing in enhanced military posture and
21
capabilities in the area of responsibility of the
22
United States Indo-Pacific Command and strength-
23
ening cooperation in bilateral relationships, multilat-
24
eral partnerships, and other international fora to up-
25
hold global security and shared principles, with the
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1
goal of ensuring the maintenance of a free and open
2
Indo-Pacific region.
3
4
Subtitle G—Matters Relating to
Asia
5
SEC. 1261. EXTENSION OF PILOT PROGRAM TO IMPROVE
6
CYBER COOPERATION WITH FOREIGN MILI-
7
TARY PARTNERS IN SOUTHEAST ASIA.
8
Section 1256(e) of the William M. (Mac) Thornberry
9 National Defense Authorization Act for Fiscal Year 2021
10 (10 U.S.C. 333 note) is amended by striking ‘‘2027’’ and
11 inserting ‘‘2028’’.
12
SEC. 1262. PREVENTING CIRCUMVENTION BY CHINESE
13
MILITARY
14
COUNTRIES.
15
COMPANIES
IN
THIRD-PARTY
(a) IN GENERAL.—Section 1260H(g)(2)(B)(i)(I) of
16 the William M. (Mac) Thornberry National Defense Au17 thorization Act for Fiscal Year 2021 (Public Law 116–
18 283; 10 U.S.C. 113 note) is amended to read as follows:
19
‘‘(I) directly or indirectly owned
20
by,
21
owned by, affiliated with, or in an of-
22
ficial or unofficial capacity acting as
23
an agent of or on behalf of, any of the
24
following, whether operating inside or
25
outside of China—
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controlled
by,
or
beneficially
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1016
1
‘‘(aa) the People’s Libera-
2
tion Army;
3
‘‘(bb) Chinese military and
4
paramilitary elements, security
5
forces, police, law enforcement,
6
or border control;
7
‘‘(cc) the People’s Armed
8
Police;
9
‘‘(dd) the Ministry of State
10
Security, or any other organiza-
11
tion subordinate to the Central
12
Military Commission of the Chi-
13
nese Communist Party;
14
‘‘(ee) the Chinese Ministry
15
of
16
Technology;
Industry
and
Information
17
‘‘(ff) the State-Owned As-
18
sets Supervision and Administra-
19
tion Commission of the State
20
Council; or
21
‘‘(gg) the State Administra-
22
tion of Science, Technology, and
23
Industry for National Defense;
24
or’’.
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1
(b) EFFECTIVE DATE.—The amendment made by
2 subsection (a) shall take effect on the date that is one
3 year after the date of the enactment of this Act.
4
SEC. 1263. INCLUSION ON LIST OF CHINESE MILITARY COM-
5
PANIES OF ENTITIES ADDED TO CERTAIN
6
OTHER LISTS.
7
Section 1260H(b)(3) of the William M. (Mac) Thorn-
8 berry National Defense Authorization Act for Fiscal Year
9 2021 (Public Law 116–283; 10 U.S.C. 113 note) is
10 amended—
11
12
(1) by striking ‘‘The Secretary’’ and inserting
the following:
13
‘‘(A) IN GENERAL.—The Secretary’’; and
14
(2) by adding at the end the following new sub-
15
paragraph:
16
‘‘(B) REVIEW
OF
ENTITIES
ADDED
TO
17
OTHER LISTS.—In preparing each annual revi-
18
sion under subparagraph (A) of the list re-
19
quired by paragraph (1), the Secretary shall
20
consider whether to include each Chinese entity
21
added, during the preceding year, to any other
22
list maintained by the United States of entities
23
subject to additional restrictions or scrutiny for
24
any purpose, as a result of concerns relating to
25
the activities or affiliations of such entities.’’.
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1
SEC. 1264. PROHIBITION ON USE OF FUNDS TO SUPPORT
2
ENTERTAINMENT PROJECTS WITH TIES TO
3
THE GOVERNMENT OF THE PEOPLE’S REPUB-
4
LIC OF CHINA.
5
(a) IN GENERAL.—None of the funds authorized to
6 be appropriated by this Act for the Department of Defense
7 may be used to knowingly provide active and direct sup8 port to any film, television, or other entertainment project
9 if the Secretary of Defense has demonstrable evidence that
10 the project has complied or is likely to comply with a de11 mand from the Government of the People’s Republic of
12 China or the Chinese Communist Party, or an entity
13 under the direction of the People’s Republic of China or
14 the Chinese Communist Party, to censor the content of
15 the project in a material manner to advance the national
16 interest of the People’s Republic of China.
17
(b) WAIVER.—The Secretary of Defense may waive
18 the prohibition under subsection (a) if the Secretary sub19 mits to the Committees on Armed Services of the Senate
20 and House of Representatives a written certification that
21 such a waiver is in the national interest of the United
22 States.
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1
SEC. 1265. MODIFICATION OF TAIWAN SECURITY COOPERA-
2
3
TION INITIATIVE.
Section 1323 of the Servicemember Quality of Life
4 Improvement and National Defense Authorization Act for
5 Fiscal Year 2025 (Public Law 118–159) is amended—
6
7
(1) in subsection (b)—
(A) paragraph (1)—
8
9
(i) by redesignating subparagraph (V)
as subparagraph (W);
10
(ii) by inserting after subparagraph
11
(U) the following new subparagraph (V):
12
‘‘(V) Medical equipment, supplies, and re-
13
lated contingency care or, for military forces,
14
combat casualty care capabilities.’’; and
15
(iii) in subparagraph (W), as redesig-
16
nated, by striking ‘‘(U)’’ and inserting
17
‘‘(V)’’; and
18
(B) in paragraph (2)—
19
20
(i) by redesignating subparagraph (J)
as subparagraph (K);
21
(ii) by inserting after subparagraph
22
(I) the following new subparagraph (J):
23
‘‘(J) Medical equipment, supplies, and re-
24
lated capabilities necessary to carry out func-
25
tional responsibilities to support the military
26
and central government security forces.’’; and
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1020
1
(iii) in subparagraph (K), as redesig-
2
nated, by striking ‘‘(I)’’ and inserting
3
‘‘(J)’’; and
4
(2) in subsection (d)—
5
(A) by striking ‘‘Of the amounts’’ and in-
6
serting the following:
7
‘‘(1) FISCAL YEAR 2025.—Of the amounts’’;
8
and
9
(B) by adding at the end the following:
10
‘‘(2) FISCAL YEAR 2026.—Of the amounts au-
11
thorized to be appropriated for fiscal year 2026 for
12
the
13
$1,000,000,000 may be made available for the pur-
14
poses of subsection (a).’’.
15
Department
of
Defense,
more
than
SEC. 1266. JOINT PROGRAM WITH TAIWAN TO ENABLE
16
FIELDING
17
COUNTER-UNCREWED
18
TIES.
19
not
OF
UNCREWED
SYSTEMS
SYSTEMS
AND
CAPABILI-
(a) IN GENERAL.—Not later than March 1, 2026, the
20 Secretary of Defense, in coordination with the Secretary
21 of State and acting through the Director of the American
22 Institute in Taiwan, shall seek to engage with appropriate
23 officials of Taiwan in a joint program for the purpose of
24 enabling the fielding of uncrewed systems and counter25 uncrewed systems capabilities, including co-development
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1021
1 and co-production of such capabilities, for the Armed
2 Forces of the United States and the military forces of Tai3 wan, consistent with the Taiwan Relations Act (22 U.S.C.
4 3301 et seq.).
5
(b) USE OF AUTHORITIES.—In carrying out a joint
6 program under subsection (a), the Secretary of Defense
7 may use the authorities under title 10, United States
8 Code, and other applicable statutory authorities available
9 to the Secretary.
10
(c) BRIEFING.—
11
(1) IN GENERAL.—Not later than 180 days
12
after the date of the enactment of this Act, and an-
13
nually thereafter through 2029, the Secretary of De-
14
fense, in coordination with the Secretary of State,
15
shall provide to the appropriate committees of Con-
16
gress a briefing on the joint program under sub-
17
section (a).
18
(2) ELEMENTS.—Each briefing required by
19
paragraph (1) shall include, for the period covered
20
by the briefing, the following:
21
22
(A) A summary of engagements under subsection (a).
23
(B) A description of activities undertaken
24
by the Secretary of Defense and appropriate of-
25
ficials of Taiwan to enable the fielding of
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1
uncrewed systems and counter-uncrewed sys-
2
tems capabilities described in subsection (a).
3
(C) A description of progress made in fi-
4
nalizing defense trade foundational agreements
5
between the United States and Taiwan, includ-
6
ing—
7
(i) a memorandum of understanding
8
on reciprocal defense procurement;
9
(ii) a security of supply agreement;
10
(iii) an acquisition and cross-servicing
11
agreement;
12
(iv) a general security of military in-
13
formation agreement; and
14
(v) a cyber maturity model certifi-
15
cation.
16
(D) An identification of the additional re-
17
sources or authorities necessary to enable the
18
fielding of uncrewed systems and counter-
19
uncrewed systems capabilities described in sub-
20
section (a).
21
(E) Any other matter the Secretary of De-
22
fense considers appropriate.
23
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
24
FINED.—In this section, the term ‘‘appropriate commit-
25 tees of Congress’’ means—
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1
(1) the Committee on Armed Services, the
2
Committee on Appropriations, and the Committee on
3
Foreign Relations of the Senate; and
4
(2) the Committee on Armed Services, the
5
Committee on Appropriations, and the Committee on
6
Foreign Affairs of the House of Representatives.
7
SEC.
1267.
8
9
EXTENSION
OF
AUTHORITY
TO
TRANSFER
FUNDS FOR BIEN HOA DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry
10 National Defense Authorization Act for Fiscal Year 2021
11 (Public Law 116–283; 134 Stat. 3955) is amended by
12 striking ‘‘fiscal year 2025’’ and inserting ‘‘fiscal year
13 2026’’.
14
SEC. 1268. OVERSIGHT OF UNITED STATES MILITARY POS-
15
TURE ON THE KOREAN PENINSULA.
16
(a) PROHIBITION ON USE OF FUNDS.—Amounts au-
17 thorized to be appropriated by this Act may not be obli18 gated or expended to reduce the approximate total number
19 of members of the Armed Forces that are permanently
20 stationed in, or deployed to, the Republic of Korea below
21 28,500, or to complete the transition of wartime oper22 ational control of the United States-Republic of Korea
23 Combined Forces Command from United States-led com24 mand to Republic of Korea-led command in a manner
25 which deviates from a bilaterally agreed plan to effectuate
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1024
1 such a transition, until the date that is 60 days after the
2 date on which the certification described in subsection (b)
3 and the applicable assessment described in subsection (c)
4 are submitted to the appropriate committees of Congress.
5
(b) CERTIFICATION DESCRIBED.—The certification
6 described in this subsection is a certification by the Sec7 retary of Defense, in consultation with the Commander
8 of the United States Forces Korea, the Commander of the
9 United States Indo-Pacific Command, the Secretary of
10 State, and the Director of National Intelligence, to the ap11 propriate committees of Congress that, as applicable, a re12 duction in the approximate total number of members of
13 the Armed Forces that are permanently stationed in, or
14 deployed to, the Republic of Korea below 28,500 or the
15 completion of the transition of wartime operational control
16 of the United States-Republic of Korea Combined Forces
17 Command from United States-led command to Republic
18 of Korea-led command in a manner which deviates from
19 a bilaterally agreed plan to effectuate such a transition—
20
21
(1) is in the national security interest of the
United States; and
22
(2) is being undertaken only after appropriate
23
consultations with allies of the United States, includ-
24
ing the Republic of Korea, Japan, and any country
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1025
1
that has sent military contributions to the United
2
Nations Command.
3
(c) ASSESSMENT DESCRIBED.—An assessment de-
4 scribed in this subsection is the following:
5
(1) In the case of a reduction in the total num-
6
ber of members of the Armed Forces permanently
7
stationed in or deployed to the Republic of Korea
8
below 28,500, an assessment by the Secretary of De-
9
fense, in consultation with the Commander of the
10
United States Forces Korea, the Commander of the
11
United States Indo-Pacific Command, the Secretary
12
of State, and the Director of National Intelligence
13
that includes—
14
15
(A) an analysis of the impact of such a reduction on—
16
(i) the security of the United States;
17
(ii) the security of the Republic of
18
Korea and Japan;
19
(iii) United States deterrence; and
20
(iv) the defense posture of the United
21
States Indo-Pacific Command;
22
(B) an analysis of the impact of such a re-
23
duction on the ability of the Armed Forces to
24
execute contingency plans of the Department of
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1026
1
Defense, including in support of operations be-
2
yond the Korean Peninsula;
3
(C) an analysis of the additional costs for
4
relocation of personnel, equipment, and associ-
5
ated infrastructure;
6
(D) an analysis of the impact of such a re-
7
duction on military training and major military
8
exercises, including on interoperability and joint
9
activities with the Republic of Korea and
10
Japan;
11
(E) a description of consultations with the
12
Republic of Korea, Japan, and countries that
13
have sent military contributions to the United
14
Nations Command;
15
(F) an assessment of the impact of a sub-
16
stantial reduction of the number of members of
17
the Armed Forces permanently stationed in or
18
deployed to the Republic of Korea on the credi-
19
bility of United States extended deterrence
20
commitments to the Republic of Korea and
21
Japan, the potential for nuclear proliferation in
22
the Indo-Pacific region, and the ability of the
23
remaining forces permanently stationed in, or
24
deployed to, the Republic of Korea to support
25
integrated air and missile defense operations in
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1027
1
defense of the Republic of Korea and Japan;
2
and
3
(G) an independent risk assessment by the
4
Commander of the United States Forces Korea,
5
the Commander of the United States Indo-Pa-
6
cific Command, and the Chairman of the Joint
7
Chiefs of Staff of—
8
(i) the impact of such a reduction on
9
the security of the United States;
10
(ii) the ability of the Armed Forces to
11
execute contingency plans of the Depart-
12
ment of Defense, including in support of
13
operations beyond the Korean Peninsula;
14
and
15
(iii) the impact of such a reduction on
16
military training and major military exer-
17
cises, including on interoperability and
18
joint activities with the Republic of Korea
19
and Japan.
20
(2) In the case of the completion of the transi-
21
tion of wartime operational control of the United
22
States-Republic of Korea Combined Forces Com-
23
mand from United States-led command to Republic
24
of Korea-led command in a manner which deviates
25
from a bilaterally agreed plan to effectuate such a
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1028
1
transition, an assessment by the Secretary of De-
2
fense, in consultation with the Commander of the
3
United States Forces Korea, the Commander of the
4
United States Indo- Pacific Command, the Secretary
5
of State, and the Director of National Intelligence
6
that includes—
7
(A) an assessment of the extent to which
8
the three conditions set forth in the bilaterally
9
determined conditions-based Operational Con-
10
trol Transition Plan that was signed on October
11
31, 2018, will be satisfied prior to the comple-
12
tion of such transition;
13
(B) a detailed description of the manner in
14
which a Republic of Korea-led Combined Forces
15
Command will report to national command au-
16
thorities in the United States and the Republic
17
of Korea;
18
(C) a detailed description of the planned
19
command relationship between a Republic of
20
Korea-led Combined Forces Command and the
21
United States-led United Nations Command;
22
(D) a description of consultations with
23
countries that have sent military contributions
24
to the United Nations Command;
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1029
1
(E) a description of the United States-Re-
2
public of Korea wartime operational control
3
consultations with Japan, and an assessment of
4
approaches for deconflicting military operations
5
across the United States-Republic of Korea and
6
the United States-Japan alliances;
7
(F) an assessment of the effect, if any, of
8
the completion of such transition on the poten-
9
tial for nuclear proliferation in the Indo-Pacific
10
region; and
11
(G) an independent military risk assess-
12
ment by the Commander of the United States
13
Forces Korea, the Commander of the United
14
States Indo-Pacific Command, and the Chair-
15
man of the Joint Chiefs of Staff of such transi-
16
tion.
17
(d) FORM.—
18
(1) CERTIFICATION.—A certification described
19
in subsection (b) shall be submitted in unclassified
20
form.
21
(2) ASSESSMENT.—An assessment described in
22
subsection (c) shall be submitted in unclassified
23
form but may include a classified annex.
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1
(e) APPROPRIATE COMMITTEES OF CONGRESS DE-
2
FINED.—In this section, the term ‘‘appropriate commit-
3 tees of Congress’’ means—
4
(1) the Committee on Armed Services, the
5
Committee on Appropriations, and the Committee on
6
Foreign Relations of the Senate; and
7
(2) the Committee on Armed Services, the
8
Committee on Appropriations, and the Committee on
9
Foreign Affairs of the House of Representatives.
10
SEC. 1269. REPORT ON ENHANCED DEFENSE RELATIONS
11
12
WITH THE PHILIPPINES.
(a) IN GENERAL.—Not later than June 1, 2026, and
13 annually thereafter through 2029, the Secretary of De14 fense, in coordination with the Secretary of State, shall
15 submit to the appropriate committees of Congress a report
16 on enhancing the United States defense relationship with
17 the Philippines.
18
(b) ELEMENTS.—Each report required by subsection
19 (a) shall include, at a minimum, the following:
20
(1) An assessment of the implementation of the
21
United States-Philippines Bilateral Defense Guide-
22
lines.
23
(2) An organizational chart and overview of the
24
functions of the alliance management bodies that re-
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1031
1
port to the United States-Philippines Mutual De-
2
fense Board and Security Engagement Board.
3
4
(3) A summary of the activities of the Roles,
Missions, and Capabilities Working Group.
5
(4) An assessment of the bilateral Philippines-
6
Security Sector Assistance Roadmap initiative, in-
7
cluding a description of joint capability areas under
8
such initiative.
9
(5) A projected resourcing plan for the Phil-
10
ippines-Security Sector Assistance Roadmap initia-
11
tive that includes the projected use of national funds
12
of the Philippines, Foreign Military Sales, Foreign
13
Military Financing, and Department of Defense
14
International Security Cooperation Program account
15
funds.
16
(6) A description of the activities and invest-
17
ments the Department plans, during the three-year
18
period beginning on the date on which the report is
19
submitted, to implement for—
20
(A) increased bilateral training, exercises,
21
combined patrols, and other activities between
22
the United States Armed Forces and the mili-
23
tary forces of the Philippines;
24
(B) enhancing multilateral security co-
25
operation and capacity-building efforts among
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1032
1
the Philippines, Japan, Australia, and other
2
foreign partners; and
3
(C) improving information-sharing mecha-
4
nisms and processes, including by adoption of
5
enhanced security protocols, under the General
6
Security of Military Information Agreement be-
7
tween the United States and the Philippines,
8
signed at Manila November 18, 2024.
9
(7) A plan for improving the infrastructure at
10
sites designated under the Agreement on Enhanced
11
Defense Cooperation, signed at Quezon City April
12
28, 2014 (TIAS 14-625), including, for each such
13
site—
14
(A) an identification of priority facility in-
15
vestments at the site across the future-years de-
16
fense program;
17
(B) a timeline for completing area develop-
18
ment plans for the site; and
19
(C) a discussion of non-Department invest-
20
ments necessary to enable effective use of the
21
site.
22
(8) An assessment of requirements for pre-posi-
23
tioning of equipment and supplies in support of hu-
24
manitarian assistance, disaster relief, and other bi-
25
lateral activities.
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1
(9) A description of the current organization of
2
the Joint United States Military Assistance Group—
3
Philippines, and an analysis of the feasibility and
4
advisability of modifying United States organiza-
5
tional structures to—
6
(A) coordinate United States military ac-
7
tivities and operations involving the Philippines;
8
and
9
(B) facilitate integrated planning and im-
10
plementation of bilateral activities.
11
(10) An identification of challenges to the im-
12
plementation of the guidelines, initiatives, plans,
13
timelines, functions, activities, investments, and po-
14
tential modifications described in paragraphs (1)
15
through (9), and any resourcing requirements, bilat-
16
eral agreements, or other measures that would facili-
17
tate the implementation of such guidelines, initia-
18
tives, plans, timelines, functions, activities, invest-
19
ments, or potential modifications.
20
(c) FORM.—Each report required by subsection (a)
21 shall be submitted in unclassified form but may include
22 a classified annex.
23
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
24
FINED.—In this section, the term ‘‘appropriate commit-
25 tees of Congress’’ means—
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1
(1) the Committee on Armed Services and the
2
Committee on Foreign Relations of the Senate; and
3
(2) the Committee on Armed Services and the
4
Committee on Foreign Affairs of the House of Rep-
5
resentatives.
6
SEC. 1270. MODERNIZING THE DEFENSE CAPABILITIES OF
7
8
THE PHILIPPINES.
(a) PURPOSE.—In addition to the purposes otherwise
9 authorized for Foreign Military Financing with respect to
10 the Philippines, the Secretary of State shall use the au11 thorities under this section to—
12
(1) strengthen the United States-Philippines al-
13
liance in accordance with the historic agreement
14
reached at the United States-Philippines 2+2 Min-
15
isterial Dialogue on August 2, 2024;
16
(2) enable the acceleration of phase three of the
17
modernization of the Armed Forces of the Phil-
18
ippines;
19
(3) provide additional information to the Chairs
20
of the United States-Philippine Bilateral Security
21
Dialogue to enable planning and prioritization of
22
Joint Capability Areas;
23
24
(4) support the execution of the Philippines-Security Sector Assistance Roadmap; and
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1
(5) provide assistance, including equipment,
2
training, and other support, to modernize the de-
3
fense capabilities of the Armed Forces of the Phil-
4
ippines in order to—
5
(A) safeguard the territorial sovereignty of
6
the Philippines;
7
(B) improve maritime domain awareness;
8
(C) counter coercive military activities;
9
(D) improve the military and civilian infra-
10
structure and capabilities necessary to prepare
11
for regional contingencies; and
12
(E) strengthen cooperation between the
13
United States and the Philippines on counter-
14
terrorism-related efforts.
15
(b) ANNUAL SPENDING PLAN.—Not later than
16 March 1, 2026, and annually thereafter for a period of
17 4 years, the Secretary of State, in coordination with the
18 Secretary of Defense, shall submit to the appropriate con19 gressional committees a plan describing how amounts au20 thorized to be appropriated pursuant to subsection (e), if
21 made available, would be used to achieve the purpose de22 scribed in subsection (a).
23
(c) ANNUAL REPORT ON ENHANCING THE UNITED
24 STATES-PHILIPPINES DEFENSE RELATIONSHIP.—
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1
(1) REPORT REQUIRED.—Not later than 270
2
days after the date of the enactment of this Act, and
3
annually thereafter for a period of 4 years, the Sec-
4
retary of State, in consultation with the Secretary of
5
Defense and such other heads of Federal depart-
6
ments and agencies as the Secretary of State con-
7
siders appropriate, shall submit to the appropriate
8
congressional committees a report that describes
9
steps taken to enhance the United States-Philippines
10
defense relationship.
11
(2) MATTERS TO BE INCLUDED.—Each report
12
required under paragraph (1) shall include the fol-
13
lowing:
14
(A) A description of the capabilities and
15
defense infrastructure improvements needed to
16
modernize the defense capabilities of the Phil-
17
ippines, including with respect to—
18
(i) coastal defense;
19
(ii) long-range fires;
20
(iii) integrated air defenses;
21
(iv) maritime security;
22
(v) manned and unmanned aerial sys-
23
tems;
24
25
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1037
1
(vii) intelligence, surveillance, and re-
2
connaissance;
3
(viii) defensive cybersecurity;
4
(ix) military construction;
5
(x) maintenance and sustainment of
6
military capabilities; and
7
(xi) any other defense capabilities that
8
the Secretary of State determines, includ-
9
ing jointly with the Philippines, are crucial
10
to the defense of the Philippines.
11
(B) An assessment of the absorptive capac-
12
ity of the Armed Forces of the Philippines, in-
13
cluding the coast guard, over the next 5 years.
14
(C) A description of how statutory authori-
15
ties under title 10, United States Code, includ-
16
ing under section 333 of such title and authori-
17
ties relating to unspecified minor military con-
18
struction and overseas humanitarian, disaster,
19
and civic aid, will be used to provide support for
20
the
21
Roadmap and the defense capabilities described
22
in subparagraph (A), prioritized according to
23
the assessment of the absorptive capacity of the
24
Armed Forces of the Philippines required under
25
subparagraph (B).
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1
(3) FORM.—Each report required under para-
2
graph (1) shall be submitted in unclassified form,
3
but may contain a classified annex.
4
(d) FOREIGN MILITARY FINANCING LOAN AND LOAN
5 GUARANTEE AUTHORITY.—
6
7
(1) DIRECT LOANS.—
(A) IN
GENERAL.—During
fiscal years
8
2026 through 2030, the Secretary of State may
9
make direct loans available for the Philippines
10
pursuant to section 23 of the Arms Export
11
Control Act (22 U.S.C. 2763).
12
(B) MAXIMUM OBLIGATIONS.—Gross obli-
13
gations for the principal amounts of loans au-
14
thorized under subparagraph (A) may not ex-
15
ceed $1,000,000,000.
16
(C) SOURCE OF FUNDS.—
17
18
(i) DEFINED TERM.—In this subparagraph, the term ‘‘cost’’—
19
(I) has the meaning given such
20
term in section 502(5) of the Congres-
21
sional Budget Act of 1974 (2 U.S.C.
22
661a(5));
23
(II) shall include the cost of
24
modifying a loan authorized under
25
subparagraph (A); and
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1
(III) may include the costs of
2
selling, reducing, or cancelling any
3
amounts owed to the United States or
4
to any agency of the United States.
5
(ii) IN GENERAL.—Amounts author-
6
ized to be appropriated under subsection
7
(e) may be made available to pay for the
8
cost of loans authorized under subpara-
9
graph (A).
10
(D) FEES AUTHORIZED.—
11
(i) IN GENERAL.—The Government of
12
the United States may charge processing
13
and origination fees for a loan made pur-
14
suant to subparagraph (A), not to exceed
15
the cost to the Government of making such
16
loan, which shall be collected from bor-
17
rowers through a financing account (as de-
18
fined in section 502(7) of the Congres-
19
sional Budget Act of 1974 (2 U.S.C.
20
661a(7)).
21
(ii) LIMITATION ON FEE PAYMENTS.—
22
Amounts made available under any appro-
23
priations Act for any fiscal year may not
24
be used to pay any fees associated with a
25
loan authorized under subparagraph (A).
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1
(E) REPAYMENT.—Loans made pursuant
2
to subparagraph (A) shall be repaid not later
3
than 17 years after the loan is received by the
4
borrower, including a grace period of not more
5
than 1 year on repayment of principal.
6
(F) INTEREST.—
7
(i)
IN
GENERAL.—Notwithstanding
8
section 23(c)(1) of the Arms Export Con-
9
trol Act (22 U.S.C. 2763(c)(1)), interest
10
for loans made pursuant to subparagraph
11
(A) may be charged at a rate determined
12
by the Secretary of State.
13
(ii) TREATMENT OF LOAN AMOUNTS
14
USED TO PAY INTEREST.—Amounts made
15
available under this paragraph for interest
16
costs shall not be considered assistance for
17
the purposes of any statutory limitation on
18
assistance to a country.
19
(2) LOAN GUARANTEES.—
20
(A) IN GENERAL.—Amounts authorized to
21
be appropriated under subsection (e) may be
22
made available for the costs of loan guarantees
23
for the Philippines under section 24 of the
24
Arms Export Control Act (22 U.S.C. 2764) for
25
the Philippines to subsidize gross obligations
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1041
1
for the principal amount of commercial loans
2
and total loan principal, any part of which may
3
be guaranteed.
4
5
(B) MAXIMUM AMOUNTS.—Loan guarantees authorized under subparagraph (A)—
6
(i) may be made only to the extent
7
that the total loan principal, any part of
8
which is guaranteed, does not exceed
9
$1,000,000,000; and
10
(ii) may not exceed 80 percent of the
11
loan principal with respect to any single
12
borrower.
13
(C) SUBORDINATION.—Any loan guaran-
14
teed pursuant to subparagraph (A) may not be
15
subordinated to—
16
17
(i) another debt contracted by the
borrower; or
18
(ii) any other claims against the bor-
19
rower in the case of default.
20
(D) REPAYMENT.—Repayment in United
21
States dollars of any loan guaranteed under
22
this paragraph shall be required not later than
23
17 years after the loan agreement is signed.
24
(E) FEES.—Notwithstanding section 24 of
25
the Arms Export Control Act (22 U.S.C. 2764),
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1
the Government of the United States may
2
charge processing and origination fees for a
3
loan guarantee authorized under subparagraph
4
(A), not to exceed the cost to the Government
5
of such loan guarantee, which shall be collected
6
from borrowers, or from third parties on behalf
7
of such borrowers, through a financing account
8
(as defined in section 502(7) of the Congres-
9
sional Budget Act of 1974 (2 U.S.C. 661a(7)).
10
(F)
TREATMENTS
OF
LOAN
GUARAN-
11
TEES.—Amounts
12
paragraph for the costs of loan guarantees au-
13
thorized under subparagraph (A) shall not be
14
considered assistance for the purposes of any
15
statutory limitation on assistance to a country.
16
(G)
made available under this
COMMERCIAL
FLEXIBILITY.—Loan
17
guarantees authorized under subparagraph (A)
18
may be provided to entities doing business in-
19
side or outside the United States, notwith-
20
standing any provision of the Arms Export
21
Control Act (22 U.S.C. 2751 et seq.) that
22
would otherwise limit eligibility for such guar-
23
antees based on geographic location or business
24
operations.
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1
(3) NOTIFICATION
REQUIREMENT.—Amounts
2
authorized to be appropriated to carry out this sub-
3
section may not be expended without prior notifica-
4
tion of the appropriate committees of Congress.
5
(e) AUTHORIZATION OF APPROPRIATIONS.—
6
(1) IN GENERAL.—In addition to amounts oth-
7
erwise authorized to be appropriated for Foreign
8
Military Financing, there are authorized to be ap-
9
propriated to the Department of State for Foreign
10
Military Financing grant assistance for the Phil-
11
ippines not more than $500,000,000 for each of fis-
12
cal years 2026 through 2030.
13
(2) TRAINING.—Of the amounts authorized to
14
be appropriated pursuant to paragraph (1), not less
15
than $500,000 is authorized to be appropriated each
16
fiscal year for one or more blanket order agreements
17
for Foreign Military Financing training programs
18
related to the defense needs of the Philippines.
19
(f) SUNSET PROVISION.—Assistance may not be pro-
20 vided under this section after September 30, 2035.
21
(g) DEFINITIONS.—In this section:
22
23
(1) The term ‘‘appropriate congressional committees’’ means—
24
(A) the Committee on Foreign Relations,
25
the Committee on Armed Services, and the
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1
Committee on Appropriations of the Senate;
2
and
3
(B) the Committee on Foreign Affairs, the
4
Committee on Armed Services, and the Com-
5
mittee on Appropriations of the House of Rep-
6
resentatives.
7
(2) The term ‘‘blanket order agreement’’ means
8
an agreement between a foreign customer and the
9
United States Government for a specific category of
10
items or services (including training) that—
11
(A) does not include a definitive list of
12
items or quantities; and
13
(B) specifies a dollar ceiling against which
14
orders may be placed.
15
Subtitle H—Other Matters
16
SEC. 1271. LIMITATION ON AVAILABILITY OF FUNDS FOR
17
TRAVEL EXPENSES OF THE OFFICE OF THE
18
SECRETARY OF DEFENSE.
19
Of the funds authorized to be appropriated by this
20 act or otherwise made available for fiscal year 2026 for
21 operation and maintenance, defense-wide, and available
22 for the Office of the Secretary of Defense for travel ex23 penses, not more than 75 percent may be obligated or ex24 pended until the Secretary of Defense submits—
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1
(1) the multi-year plan to fulfill the defensive
2
requirements of the military forces of Taiwan, also
3
known as the ‘‘Taiwan Security Assistance Road-
4
map’’, required by section of the James M. Inhofe
5
National Defense Authorization Act for Fiscal Year
6
2023 (22 U.S.C. 3355);
7
(2) the independent study of the organizational
8
structure and force posture of the United States
9
Armed Forces in the area of responsibility of the
10
United States Indo-Pacific Command required by
11
section 1319 of the National Defense Authorization
12
Act for Fiscal Year 2024 (Public Law 118–31);
13
(3) the plan for Department of Defense activi-
14
ties to strengthen United States extended deterrence
15
commitments to the Republic of Korea required by
16
section 1344 of the Servicemember Quality of Life
17
Improvement and National Defense Authorization
18
Act for Fiscal Year 2025 (Public Law 118–159);
19
(4) the plan to advance trilateral defense co-
20
operation among the United States, Japan, and the
21
Republic of Korea required by section 1345 of the
22
Servicemember Quality of Life Improvement and
23
National Defense Authorization Act for Fiscal Year
24
2025 (Public Law 118–159);
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1
(5) the report on Department of Defense activi-
2
ties that would be necessary to support the potential
3
establishment of a regional contingency stockpile for
4
Taiwan required by the Joint Explanatory State-
5
ment accompanying the Servicemember Quality of
6
Life Improvement and National Defense Authoriza-
7
tion Act for Fiscal Year 2025 (Public Law 118–
8
159); and
9
(6) the annual progress report due December
10
31, 2024, regarding implementation of the pilot pro-
11
gram to improve cyber cooperation with covered for-
12
eign military partners in southeast Asia required by
13
section 1256(c)(2) of the National Defense Author-
14
ization Act for Fiscal Year 2021 (10 U.S.C. 113
15
note).
16
SEC. 1272. REPEAL OF WAR-RELATED REPORTING RE-
17
QUIREMENTS FOR CONCLUDED OPERATIONS.
18
Section 1221 of the National Defense Authorization
19 Act for Fiscal Year 2006 (10 U.S.C. 113 note) is repealed.
20
SEC. 1273. DEFENDING INTERNATIONAL SECURITY BY RE-
21
STRICTING UNACCEPTABLE PARTNERSHIPS
22
AND TACTICS.
23
24
(a) WORKING GROUPS
MENT.—
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ON
ADVERSARY ALIGN-
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1
(1) IN GENERAL.—Not later than 60 days after
2
the date of the enactment of this Act, the Secretary
3
of State, the Secretary of Defense, the Secretary of
4
the Treasury, the Secretary of Commerce, and the
5
Director of National Intelligence shall each—
6
(A) establish a working group on adversary
7
alignment; and
8
(B) designate a point of contact on adver-
9
sary alignment, who shall serve as the head of
10
the working group for the applicable depart-
11
ment or office.
12
(2) REQUIREMENTS.—Each working group es-
13
tablished pursuant to paragraph (1) shall—
14
(A) comprise—
15
16
(i) subject matter experts covering
each of—
17
(I) the People’s Republic of
18
China;
19
(II) the Russian Federation;
20
(III) the Islamic Republic of
21
Iran; and
22
(IV) the Democratic People’s Re-
23
public of Korea; and
24
(ii) representatives covering all core
25
functions of the department or office of the
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1048
1
Secretary or Director establishing the
2
working group;
3
(B) ensure that the working group mem-
4
bers have the requisite security clearances and
5
access to critical compartmented information
6
necessary to assess and understand the full
7
scope of adversary cooperation, including how
8
events in one theater might trigger actions in
9
another; and
10
(C) not later than 180 days after the date
11
of the enactment of this Act, submit to the Sec-
12
retary or Director who established the working
13
group, and to the appropriate committees of
14
Congress, a report—
15
(i) evaluating the impact of adversary
16
alignment on the relevant operations car-
17
ried out by the department or office of the
18
working group; and
19
(ii) setting forth recommendations for
20
such organizational changes as the working
21
group considers necessary to ensure the
22
department or office of the working group
23
is well positioned to routinely evaluate and
24
respond to the rapidly evolving nature of
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1049
1
adversary cooperation and the attendant
2
risks.
3
(3) BIANNUALLY
INTERAGENCY
MEETING.—
4
Not less frequently than biannually, the heads of the
5
working groups established under this section shall
6
meet to discuss findings, problems, and next steps
7
with respect to adversary alignment.
8
(4) SUNSET.— The authorities and require-
9
ments under this subsection shall terminate 5 years
10
after the date of enactment of this section, unless
11
reauthorized by Congress.
12
(b) REPORT ON NATURE, TRAJECTORY, AND RISKS
13
OF BILATERAL COOPERATION BETWEEN, AND MULTILAT-
14
ERAL
COOPERATION AMONG, ADVERSARIES
OF
THE
15 UNITED STATES.—
16
(1) IN GENERAL.—Not later than 60 days after
17
the date of the enactment of this Act, the Director
18
of National Intelligence, in coordination with the
19
head of any Federal agency the Director considers
20
appropriate, shall submit to the President, any Fed-
21
eral officer of Cabinet-level rank the Director con-
22
siders appropriate, and the appropriate committees
23
of Congress, a report on bilateral and multilateral
24
cooperation among adversaries of the United States
25
and the resulting risks of such cooperation.
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1050
1
2
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
3
(A) A description of the current nature
4
and extent of dangerous bilateral or multilateral
5
cooperation among the People’s Republic of
6
China, the Russian Federation, the Islamic Re-
7
public of Iran, and the Democratic People’s Re-
8
public of Korea across the diplomatic, informa-
9
tion, military, and economic spheres, and an as-
10
sessment of the advantages that accrue to each
11
adversary from such cooperation.
12
(B) An assessment of the trajectory for co-
13
operation among the adversaries described in
14
subparagraph (A) during the 5-year period be-
15
ginning on the date on which the report is sub-
16
mitted.
17
(C) An outline of the risks to the United
18
States and allied diplomatic, military, intel-
19
ligence, and economic operations, and broader
20
security interests around the world.
21
(D) An evaluation of the vulnerabilities
22
and tension points within such adversary bilat-
23
eral or multilateral relationships, and an assess-
24
ment of the likely effect of efforts by the United
25
States to separate adversaries.
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1
(3) USE OF OTHER REPORTING.—The report
2
required by paragraph (1) may be completed using
3
reports submitted by the Director of National Intel-
4
ligence to satisfy other statutory requirements.
5
(4) FORM.—The report required by paragraph
6
(1) shall be submitted in classified form.
7
(c) REPORT ON STRATEGIC APPROACH.—
8
(1) IN GENERAL.—Not later than 180 days
9
after the establishment of the Working Groups on
10
Adversary Alignment required by subsection (a), the
11
Secretary of State and the Secretary of Defense, in
12
consultation with the Secretary of the Treasury, the
13
Secretary of Commerce, and the Director of Na-
14
tional Intelligence, shall submit to the appropriate
15
committees of Congress a report outlining the stra-
16
tegic approach of the United States to adversary
17
alignment and the necessary steps to disrupt, frus-
18
trate, constrain, and prepare for adversary coopera-
19
tion during the two-year period beginning on the
20
date of the submission of such report.
21
22
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
23
(A) A detailed description of the methods
24
and tools available to the United States to dis-
25
rupt the most dangerous elements of adversary
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1052
1
cooperation, including the growing connectivity
2
between the defense industrial bases of each ad-
3
versary.
4
(B) A framework for using diplomatic en-
5
gagement and intelligence diplomacy, as appro-
6
priate—
7
(i) to inform allies and partners about
8
the increasing risk of adversary alignment;
9
(ii) to secure the support of allies and
10
partners in combating adversary align-
11
ment; and
12
(iii) to assess and help address, as ap-
13
propriate, the vulnerabilities and capability
14
gaps of allies and partners to counter
15
threats from adversary alignment.
16
(C) A plan for ensuring the integrity of
17
United States methods of economic statecraft,
18
including an assessment of the efficiency of the
19
United States sanctions and export control en-
20
forcement apparatus and any accompanying
21
resourcing requirements.
22
(D) A plan to bolster deterrence within the
23
priority theaters of the Indo-Pacific region, Eu-
24
rope, and the Middle East by—
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1
(i) increasing United States and part-
2
ner munitions stockpiles, particularly such
3
stockpiles that are most critical for sup-
4
porting frontline partners such as Israel,
5
Taiwan, and Ukraine in the event of ag-
6
gression by a United States adversary;
7
(ii) facilitating collaborative efforts
8
with partners for the co-production, co-
9
maintenance, and co-sustainment of crit-
10
ical munitions and platforms required by
11
the United States and allies and partners
12
of the United States in the event of a fu-
13
ture conflict with the People’s Republic of
14
China, the Russian Federation, the Islamic
15
Republic of Iran, or the Democratic Peo-
16
ple’s Republic of Korea; and
17
(iii) more effectively using funding
18
through the United States Foreign Mili-
19
tary Financing program to support allied
20
and partner domestic defense production
21
that can contribute to deterrence in each
22
such priority theater; and
23
24
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1
(E) A plan for updating war-planning tools
2
of the Department of Defense not later than 1
3
year after the date on which the report is sub-
4
mitted to ensure that United States war plan-
5
ners are better equipped to update and modify
6
war plans in the face of rapidly evolving infor-
7
mation on adversary cooperation.
8
(F) An assessment of the capability gaps
9
and vulnerabilities the United States would face
10
in deterring an adversary in the event that the
11
United States is engaged in a conflict with an
12
adversary, and a plan to work with allies and
13
partners
14
vulnerabilities.
to
address
such
gaps
and
15
(G) Recommendations for actions that al-
16
lies and partners may take, individually or col-
17
lectively, to strengthen their own deterrence and
18
resilience, enhance defense industrial coopera-
19
tion, and contribute to disrupt adversary align-
20
ment.
21
(3) FORM.—The report required by paragraph
22
(1) shall be submitted in classified form.
23
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
24
FINED.—In this section, the term ‘‘appropriate commit-
25 tees of Congress’’ means—
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1055
1
(1) the Committee on Armed Services, the Se-
2
lect Committee on Intelligence, the Committee on
3
Foreign Relations, the Committee on Appropria-
4
tions, the Committee on Banking, Housing, and
5
Urban Affairs, and the Committee on Commerce,
6
Science, and Transportation of the Senate; and
7
(2) the Committee on Armed Services, the Per-
8
manent Select Committee on Intelligence, the Com-
9
mittee on Foreign Affairs, the Committee on Appro-
10
priations, the Committee on Financial Services, and
11
the Committee on Energy and Commerce of the
12
House of Representatives.
13
SEC. 1274. REPORT REGARDING JOINT TRAINING WITH
14
MEXICO
15
CRIMINAL ORGANIZATIONS.
16
TO
COUNTER
TRANSNATIONAL
(a) REPORT REQUIRED.—Not later than 180 days
17 after the date of the enactment of this Act, the Secretary
18 of Defense, in consultation with the Secretary of State and
19 the Government of Mexico, shall submit to the appropriate
20 congressional committees a report that—
21
(1) details activities taking place pursuant to
22
existing authorities of the Department of Defense
23
with respect to joint training between the Depart-
24
ment of Defense and the armed forces of Mexico re-
25
garding tactics, techniques, and procedures for coun-
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1056
1
tering the threat posed by transnational criminal or-
2
ganizations;
3
(2) includes recommendations for future addi-
4
tional activities with respect to the joint training de-
5
scribed in paragraph (1); and
6
(3) may include, as appropriate and in con-
7
sultation with the appropriate civilian United States
8
Government agencies specializing in countering
9
transnational criminal organizations, a list of rec-
10
ommendations for additional activities to counter the
11
threat of transnational criminal organizations, in-
12
cluding—
13
(A) joint network analysis;
14
(B) counter threat financing;
15
(C) counter illicit trafficking (including
16
narcotics, weapons, and human trafficking, and
17
illicit trafficking in natural resources);
18
(D) assessments of key nodes of activity of
19
transnational criminal organizations; and
20
(E) operations involving the use of rotary-
21
22
wing aircraft.
(b) RECOMMENDED ACTIVITIES LIMITATION.—Any
23 recommendation for an additional activity that is included
24 in a report required in subsection (a) shall be in addition
25 to, and may not be intended to supersede, replace, or dis-
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1057
1 rupt, existing security cooperation or training between the
2 United States and the Government of Mexico.
3
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
4
FINED.—In this section, the term ‘‘appropriate congres-
5 sional committees’’ means—
6
(1) the Committee on Armed Services, the
7
Committee on Foreign Relations, and the Committee
8
on Appropriations of the Senate; and
9
(2) the Committee on Armed Services, the
10
Committee on Foreign Affairs, and the Committee
11
on Appropriations of the House of Representatives.
12
TITLE XIV—OTHER
AUTHORIZATIONS
Subtitle A—Military Programs
13
14
15
16
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
17 fiscal year 2026 for the use of the Armed Forces and other
18 activities and agencies of the Department of Defense for
19 providing capital for working capital and revolving funds,
20 as specified in the funding table in section 4501.
21
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
22
23
TION, DEFENSE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
24 are hereby authorized to be appropriated for the Depart25 ment of Defense for fiscal year 2026 for expenses, not oth-
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1058
1 erwise provided for, for Chemical Agents and Munitions
2 Destruction, Defense, as specified in the funding table in
3 section 4501.
4
(b) USE.—Amounts authorized to be appropriated
5 under subsection (a) are authorized for the destruction of
6 lethal chemical agents and munitions in accordance with
7 section 1412 of the Department of Defense Authorization
8 Act, 1986 (50 U.S.C. 1521).
9
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-
10
11
TIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for
12 the Department of Defense for fiscal year 2026 for ex13 penses, not otherwise provided for, for Drug Interdiction
14 and Counter-Drug Activities, Defense-wide, as specified in
15 the funding table in section 4501.
16
17
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
18 the Department of Defense for fiscal year 2026 for ex19 penses, not otherwise provided for, for the Office of the
20 Inspector General of the Department of Defense, as speci21 fied in the funding table in section 4501.
22
23
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
24 fiscal year 2026 for the Defense Health Program for use
25 of the Armed Forces and other activities and agencies of
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1 the Department of Defense for providing for the health
2 of eligible beneficiaries, as specified in the funding table
3 in section 4501.
5
Subtitle B—National Defense
Stockpile
6
SEC. 1411. MODIFICATIONS TO STRATEGIC AND CRITICAL
7
MATERIALS STOCK PILING ACT.
4
8
(a) NATIONAL DEFENSE STOCKPILE SHORTFALL
9 BRIEFINGS CHANGES.—Section 14(f)(2) of the Strategic
10 and Critical Materials Stock Piling Act (50 U.S.C. 98h11 5(f)(2)) is amended—
12
(1) in subparagraph (A)—
13
(A) by striking ‘‘a description of each ma-
14
terial’’ and inserting ‘‘a list of the materials’’;
15
and
16
(B) by inserting ‘‘and a description of each
17
such material,’’ after ‘‘paragraph,’’;
18
(2) in subparagraph (B), by striking ‘‘and’’ at
19
the end;
20
21
(3) in subparagraph (C), by striking the period
at the end and inserting a semicolon; and
22
23
(4) by adding at the end the following new subparagraphs:
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1
‘‘(D) a list of such materials that are the high-
2
est priority to be acquired for the stockpile in the
3
near term;
4
‘‘(E) verification that the National Defense
5
Stockpile Manager manages and evaluates the stock-
6
pile using the most complete and accurate data pro-
7
vided by the military departments (as defined under
8
section 101(a) of title 10, United States Code), in-
9
cluding a one-time description of the risks resulting
10
from the inability of the armed services to provide
11
the National Defense Stockpile Manager comprehen-
12
sive data for all of its required strategic and critical
13
materials; and
14
‘‘(F) the amounts appropriated by Congress to
15
the stockpile for both the current fiscal year and the
16
previous fiscal year;’’.
17
(b) MODIFICATION OF DISPOSAL AUTHORITY.—
18
(1) IN GENERAL.—Section 5(b) of the Strategic
19
and Critical Materials Stock Piling Act (50 U.S.C.
20
98d(b)) is amended—
21
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
22
(B) by striking ‘‘or (5)’’ and inserting ‘‘or
23
(6)’’;
24
(C) by striking ‘‘has been specifically au-
25
thorized by law’’ and inserting ‘‘was included in
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1
the most recent annual materials plan sub-
2
mitted to the congressional defense committees
3
(as defined in section 101(a) of title 10, United
4
States Code) under section 11(b)(1)(G)’’; and
5
(D) by adding at the end the following new
6
7
paragraph:
‘‘(2) Not later than 15 days after making a disposal
8 under paragraph (1), the National Defense Stockpile Man9 ager shall notify the congressional defense committees (as
10 defined in section 101(a) of title 10, United States Code)
11 of the disposal.’’.
12
(2) TECHNICAL
13
MENTS.—Section
14
98e(a)) is amended—
AND
CONFORMING
AMEND-
6(a) of such Act (50 U.S.C.
15
(A) in the matter preceding paragraph (1),
16
by striking ‘‘President’’ and inserting ‘‘National
17
Defense Stockpile Manager’’; and
18
(B) by amending paragraph (7) to read as
19
follows:
20
‘‘(7) dispose of materials in the stockpile in ac-
21
cordance with the most recent annual materials plan
22
submitted to the congressional defense committees
23
(as defined in section 101(a) of title 10, United
24
States Code) under section 11(b)(1)(G) and notify
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1
the congressional defense committees of such dis-
2
posals as required by section 5(b)(2).’’.
3
(c)
REDUCTION
OF
WAIT
PERIODS.—Sections
4 5(a)(2), 6(d)(1), and 6(d)(2) of such Act (50 U.S.C.
5 98d(a)(2), 98e(d)(1), 98e(d)(2)) are each amended by
6 striking ‘‘45 days’’ and inserting ‘‘30 days’’.
7
8
SEC. 1412. RECYCLING FOR CRITICAL MINERALS.
(a) IN GENERAL.—The Under Secretary of Defense
9 for Acquisition and Sustainment, in coordination with the
10 Director of the Defense Logistics Agency, shall expand the
11 recovery and reuse of strategic and critical materials
12 under the Strategic Material Recovery and Reuse Pro13 gram of the Defense Logistics Agency established pursu14 ant to section 6(a)(5) of the Strategic and Critical Mate15 rials Stock Piling Act (50 U.S.C. 98e(a)(5)) (in this sec16 tion referred to as the ‘‘Program’’).
17
(b) BRIEFING
ON
EXPANSION.—Not later than
18 March 1, 2026, the Director of the Defense Logistics
19 Agency shall provide to the Committees on Armed Services
20 of the Senate and House of Representatives a briefing on
21 a plan for expansion of the Program which shall include—
22
(1) a list of strategic and critical materials that
23
are determined to be in shortfall in the National De-
24
fense Stockpile in the most recent report on stock-
25
pile requirements submitted to Congress under sec-
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1
tion 14(a) of the Strategic and Critical Materials
2
Stock Piling Act (50 U.S.C. 98h–5(a)) that will be
3
prioritized for inclusion in the Program;
4
(2) a description of resources required to in-
5
clude the additional strategic and critical materials
6
identified under paragraph (1) in the Program;
7
8
(3) any barriers to expansion of the Program;
and
9
(4) best practices from the efforts of the Direc-
10
tor under the Program with respect to optical-grade
11
germanium that can be implemented to expand the
12
Program.
13
(c) STRATEGIC
14
AND
CRITICAL MATERIALS DE-
FINED.—In this section, the term ‘‘strategic and critical
15 materials’’ means materials determined to be strategic and
16 critical materials under section 3(a) of the Strategic and
17 Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
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1
Subtitle C—Other Matters
2
SEC. 1421. EXTENSION OF AUTHORITIES FOR FUNDING AND
3
MANAGEMENT OF JOINT DEPARTMENT OF
4
DEFENSE-DEPARTMENT OF VETERANS AF-
5
FAIRS MEDICAL FACILITY DEMONSTRATION
6
FUND
7
HEALTH CARE CENTER, ILLINOIS.
8
FOR
CAPTAIN
JAMES
A.
LOVELL
(a) IN GENERAL.—Section 1704(e) of the National
9 Defense Authorization Act for Fiscal Year 2010 (Public
10 Law 111–84; 123 Stat. 2573), as most recently amended
11 by section 1421(a) of the National Defense Authorization
12 Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
13 2129), is amended by striking ‘‘September 30, 2026’’ and
14 inserting ‘‘September 30, 2027’’.
15
(b) AUTHORITY FOR TRANSFER OF FUNDS.—Of the
16 funds authorized to be appropriated for section 1405 and
17 available for the Defense Health Program for operation
18 and maintenance, $165,000,000 may be transferred by the
19 Secretary of Defense to the Joint Department of Defense–
20 Department of Veterans Affairs Medical Facility Dem21 onstration Fund established by subsection (a)(1) of sec22 tion 1704 of the National Defense Authorization Act for
23 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571).
24 For purposes of subsection (a)(2) of such section 1704,
25 any funds so transferred shall be treated as amounts aug:\VHLC\120725\120725.005.xml
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1 thorized and appropriated specifically for the purpose of
2 such a transfer.
3
(c) USE OF TRANSFERRED FUNDS.—For the pur-
4 poses of subsection (b) of such section 1704, facility oper5 ations for which funds transferred under subsection (a)
6 may be used are operations of the Captain James A.
7 Lovell Federal Health Care Center, consisting of the
8 North Chicago Veterans Affairs Medical Center, the Navy
9 Ambulatory Care Center, and supporting facilities des10 ignated as a combined Federal medical facility under an
11 operational agreement covered by section 706 of the Dun12 can Hunter National Defense Authorization Act for Fiscal
13 Year 2009 (Public Law 110–417; 122 Stat. 4500).
14
SEC. 1422. BEGINNING BALANCES OF THE DEFENSE LOGIS-
15
TICS AGENCY WORKING CAPITAL FUND FOR
16
AUDIT PURPOSES.
17
For purposes of an audit conducted under chapter
18 9A of title 10, United States Code, of the Defense Logis19 tics Agency Working Capital Fund established pursuant
20 to section 2208 of title 10, United States Code, Working
21 Capital Funds—
22
(1) the Fund Balance with Treasury opening
23
balance for October 1, 2024, for United States
24
Standard
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Ledger
Account
101000
is
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1066
1
$3,483,483,641.67, as recorded in official account-
2
ing records;
3
(2) the Unexpended Appropriations–Cumulative
4
opening balance for October 1, 2024, for United
5
States Standard General Ledger Account 310000 is
6
$883,887,145.71, as recorded in official accounting
7
records;
8
(3) the Cumulative Results of Operations open-
9
ing balance for October 1, 2024, for United States
10
Standard
11
$27,271,547,121.85, as recorded in official account-
12
ing records;
General
Ledger
Account
331000
is
13
(4) the Contract Authority Carried Forward
14
opening balance for October 1, 2024, for United
15
States Standard General Ledger Account 413900 is
16
$13,130,151,985.39, as recorded in official account-
17
ing records;
18
(5) the Total Actual Resources–Collected open-
19
ing balance for October 1, 2024, for United States
20
Standard
21
$3,578,944,883.86, as recorded in official account-
22
ing records; and
General
Ledger
Account
420100
is
23
(6) the Unapportioned–Unexpired Authority
24
opening balance for October 1, 2024, for United
25
States Standard General Ledger Account 445000 is
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1
$507,354,134.72, as recorded in official accounting
2
records.
3
SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR
4
ARMED FORCES RETIREMENT HOME.
5
There is hereby authorized to be appropriated for fis-
6 cal year 2026 from the Armed Forces Retirement Home
7 Trust Fund the sum of $77,000,000 for the operation of
8 the Armed Forces Retirement Home.
11
TITLE XV—CYBERSPACERELATED MATTERS
Subtitle A—Cyber Operations
12
SEC. 1501. PLANNING, PROGRAMMING, AND BUDGET CO-
13
ORDINATION FOR OPERATIONS OF CYBER
14
MISSION FORCE.
9
10
15
(a) IN GENERAL.— Section 167b of title 10, United
16 States Code, is amended by adding at the end the fol17 lowing new subsections:
18
‘‘(f) PLANNING, PROGRAMMING, AND BUDGETING.—
19 (1) In addition to the activities of a combatant command
20 for which funding may be requested under section 166(b)
21 of this title, the Commander of the United States Cyber
22 Command shall, subject to the authority, direction, and
23 control of the Assistant Secretary of Defense for Cyber
24 Policy, be responsible for directly controlling and man25 aging the planning, programming, budgeting, and execu-
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1 tion of resources to train, equip, operate, and sustain the
2 Cyber Mission Force.
3
‘‘(2) The responsibilities assigned to the Commander
4 of the United States Cyber Command pursuant to para5 graph (1) shall include the following:
6
‘‘(A) Preparation of a program objective memo-
7
randum and budget estimate submission for the re-
8
sources required to train, equip, operate, and sustain
9
the Cyber Mission Force.
10
‘‘(B) Preparation of budget materials per-
11
taining to the United States Cyber Command for in-
12
clusion in the budget justification materials that are
13
submitted to Congress in support of the budget of
14
the Department of Defense for a fiscal year, as sub-
15
mitted with the budget of the President under sec-
16
tion 1105(a) of title 31, United States Code, that is
17
separate from any other military department or
18
component of the Department of Defense.
19
‘‘(3) The responsibilities assigned to the Commander
20 of the United States Cyber Command pursuant to para21 graph (1) shall not include the following:
22
‘‘(A) Military pay and allowances.
23
‘‘(B) Funding for facility support that is pro-
24
vided by the military departments.’’.
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1
(b) CONFORMING AMENDMENT.—Section 1507 of
2 National Defense Authorization Act for Fiscal Year 2022
3 (Public Law 117-81; 10 U.S.C. 167b note) is repealed.
4
SEC. 1502. MODIFICATION TO REPORTING REQUIREMENTS
5
FOR SENIOR MILITARY ADVISOR FOR CYBER
6
POLICY.
7
Section 392a(b) of title 10, United States Code, is
8 amended—
9
(1) in paragraph (2)—
10
(A) in subparagraph (A)(i), by striking
11
‘‘the Under Secretary of Defense for Policy’’
12
and inserting ‘‘the Assistant Secretary of De-
13
fense for Cyber Policy’’; and
14
(B) in subparagraph (B), by striking ‘‘the
15
following:’’ and all that follows and inserting
16
‘‘the Assistant Secretary of Defense for Cyber
17
Policy.’’; and
18
(2) in paragraph (3)(A)—
19
(A) in clause (i), by striking ‘‘the Under
20
Secretary of Defense for Policy’’ and inserting
21
‘‘the Assistant Secretary of Defense for Cyber
22
Policy’’;
23
(B) in clause (ii), by striking ‘‘Under Sec-
24
retary’’ and inserting ‘‘Assistant Secretary of
25
Defense for Cyber Policy’’;
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1
(C) in clause (iii), by striking ‘‘Under Sec-
2
retary of Defense for Policy’’ and inserting
3
‘‘Assistant Secretary of Defense for Cyber Pol-
4
icy’’; and
5
(D) by striking clause (iv).
6
SEC. 1503. FRAMEWORK FOR INTEGRATION OF INFORMA-
7
TION TECHNOLOGY TECHNICAL DEBT AS-
8
SESSMENT INTO ANNUAL BUDGET PROCESS.
9
(a) FRAMEWORK DEVELOPMENT.—Not later than
10 September 1, 2026, the Secretary of Defense shall, in co11 ordination with the Chief Information Officer of the De12 partment of Defense, the Secretaries of the military de13 partments, and the Chief Information Officers of the mili14 tary departments, develop a framework for the integration
15 of technical debt assessment, tracking, and management
16 into existing processes of the Department of Defense for
17 information technology investment decisions and budget
18 justification materials.
19
(b) TECHNICAL DEBT CATEGORIZATION.—The Sec-
20 retary of Defense shall carry out a comprehensive reevalu21 ation of the current definition of ‘‘technical debt’’ used
22 by the Department of Defense and develop a technical
23 debt classification that adequately reflects different types
24 of technical debt, including application, physical infra25 structure, architecture, and documentation components.
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1
(c) FRAMEWORK COMPONENTS.—
2
(1) INTEGRATION
REQUIREMENT.—The
Sec-
3
retary of Defense shall ensure the framework devel-
4
oped under subsection (a) provides for integration of
5
technical debt considerations into existing manage-
6
ment processes and structures of the Department of
7
Defense relating to resourcing and programmatic de-
8
cisions for existing or proposed information tech-
9
nology systems, services, or related programs of
10
record.
11
12
(2) METRICS.—The framework developed under
subsection (a) shall include—
13
(A) baseline measurement for technical
14
debt for a specific technology or program;
15
(B) objectives for technical debt reduction;
16
and
17
(C) consolidated metrics for Department of
18
Defense-wide
19
metrics for assessing operational and financial
20
impacts.
21
(3) PROCESS
use,
including
outcome-based
INTEGRATION.—The
framework
22
developed under subsection (a) shall use existing
23
governance structures for overseeing information
24
technology investments.
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1
2
(4) MINIMUM REQUIREMENTS.—The framework
developed under subsection (a) shall—
3
(A) establish methods for identifying and
4
evaluating technical debt;
5
(B) integrate technical debt management
6
into the planning, programming, budgeting, and
7
execution process, as well as information tech-
8
nology governance bodies;
9
(C)
10
establish
prioritization
approaches
based on mission effects;
11
(D) develop mechanisms for identifying
12
gaps in resourcing and funding required to re-
13
solve technical debt; and
14
(E) define organizational responsibilities
15
for remediating assessed technical debt of a
16
program or system.
17
(5) IMPLEMENTATION.—The Secretary of De-
18
fense shall implement the framework developed
19
under subsection (a) not later than October 1, 2026,
20
to support the planning, programming, budgeting,
21
and execution process for the budget justification
22
materials to be submitted to Congress in support of
23
the Department of Defense, as submitted with the
24
budget of the President for fiscal year 2027 under
25
section 1105(a) of title 31, United States Code.
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1
(d) BUDGET MATERIALS.—
2
(1) JUSTIFICATION
REQUIREMENTS.—Begin-
3
ning with the fiscal year 2027 budget request, the
4
Secretary of Defense shall ensure that, for each fis-
5
cal year, the budget justification materials to be sub-
6
mitted to Congress in support of the budget of the
7
Department of Defense (as submitted with the budg-
8
et of the President under section 1105(a) of title 31,
9
United States Code) include—
10
(A) technical debt status assessments;
11
(B) planned investments in physical de-
12
vices, networks, and personnel, including train-
13
ing to develop skills, to transition to new tech-
14
nologies and resolve technical debt;
15
(C) risk assessments of remaining gaps in
16
the investments by the Department of Defense
17
and the military departments required to re-
18
solve the technical debt of the Department; and
19
(D) alignment with modernization prior-
20
ities.
21
(2) PROGRAM ALIGNMENT.—The Secretary of
22
Defense shall ensure Defense planning guidance and
23
program objective memoranda address the resolution
24
of funding requirements associated with resolution of
25
technical debt.
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1
(e) CONGRESSIONAL BRIEFING.—Not later than Sep-
2 tember 15, 2026, the Secretary shall provide to the con3 gressional defense committees a briefing on the implemen4 tation and effectiveness of the framework developed under
5 subsection (a).
6
(f) DEFINITIONS.—In this section:
7
(1) The term ‘‘information technology’’ has the
8
meaning given such term in section 11101 of title
9
40, United States Code.
10
(2) The term ‘‘technical debt’’ means design or
11
implementation constructs that are expedient in the
12
short-term, but that set up a technical context that
13
can make a future change costlier or impossible, as
14
defined in Department of Defense Instruction
15
5000.87, dated October 2, 2020, or successor in-
16
struction.
17
SEC. 1504. DEPARTMENT OF DEFENSE DATA ONTOLOGY
18
GOVERNANCE WORKING GROUP.
19
(a) ESTABLISHMENT.—
20
(1) IN GENERAL.—The Secretary of Defense
21
shall establish a working group to develop and im-
22
plement a common data ontology and governance
23
structure across the Department of Defense.
24
(2) DESIGNATION.—The working group estab-
25
lished under to paragraph (1) shall be known as the
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1
‘‘Department of Defense Data Ontology Governance
2
Working Group’’ (in this section the ‘‘Working
3
Group’’).
4
(3) USE OF EXISTING STRUCTURES.—
5
(A) IN GENERAL.—Notwithstanding para-
6
graph (1), the Secretary of Defense may des-
7
ignate an existing forum, council, or organiza-
8
tional body to serve as the Working Group if
9
such entity satisfies the requirements of sub-
10
sections (b) and (c).
11
(B) RULE OF CONSTRUCTION.—For the
12
purposes of this section, a forum, council, or or-
13
ganizational body designated under subpara-
14
graph (A) is deemed to be a working group es-
15
tablished by the Secretary of Defense under
16
paragraph (1).
17
(b) PURPOSE.—The purpose of the Working Group
18 is to inform and to progress the Department of Defense’s
19 foundational data ontology work by developing and imple20 menting domain-specific data ontologies and governance
21 structures across the Department of Defense to expand
22 data interoperability, enhance information sharing, and
23 enable more effective decision making throughout the De24 partment.
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1
(c) MEMBERSHIP.—The Working Group shall consist
2 of—
3
4
(1) the Chief Digital and Artificial Intelligence
Officer of the Department of Defense;
5
6
(2) the Chief Information Officer of the Department of Defense;
7
8
(3) the Chief Data Officers of the Department
of Defense;
9
10
(4) the Chief Information Officers of the military departments and the combatant commands;
11
(5) such representatives from defense intel-
12
ligence elements as the Secretary of Defense con-
13
siders appropriate;
14
(6) the Under Secretary of Defense for Re-
15
search and Engineering and the service acquisition
16
executive for each military department; and
17
(7) such other officers or employees of the De-
18
partment of Defense as the Secretary considers ap-
19
propriate.
20
(d) DUTIES.—The Working Group shall—
21
(1) coordinate with and build upon any existing
22
data ontology development efforts for foundational
23
data ontologies within the Department of Defense
24
and the intelligence community (as defined in sec-
25
tion 3 of the National Security Act of 1947 (50
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1
U.S.C. 3003)) to ensure complementary and non-
2
duplicative efforts;
3
(2) incorporate Department-wide data and data
4
from defense intelligence elements into the develop-
5
ment of domain-specific data ontologies Department-
6
wide;
7
(3) develop and maintain domain-specific data
8
ontologies that address functional areas within the
9
Department;
10
(4) establish a process to identify and designate
11
functional area leads responsible for leading the de-
12
velopment, review, approval, and respective guidance
13
of domain-specific data ontologies for the functional
14
areas of such elements;
15
16
(5) develop a structure for governing data
ontologies of the Department that includes—
17
(A) a centralized, accessible repository for
18
domain-specific data ontologies of the Depart-
19
ment;
20
(B) clear ownership and role definitions for
21
data ontology management, including authori-
22
ties regarding access and modification;
23
(C) standardized governance procedures
24
for updating, reviewing, and maintaining the
25
data ontologies;
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1
(D) adherence to established data ontology
2
engineering principles that promote interoper-
3
ability and reusability across domains;
4
(E) infrastructure requirements that in-
5
clude on premises, multi-cloud and hybrid envi-
6
ronments;
7
(F) access to information networks that
8
are on all classification levels; and
9
(G)
integration
of
domain-specific
10
ontologies with existing Department data man-
11
agement practices and systems.
12
(e) FUNCTIONAL AREA LEADS.—
13
(1)
SELECTION
CRITERIA.—In
designating
14
functional area leads under subsection (d)(4), the
15
Working Group shall select individuals who possess
16
extensive subject matter expertise in their respective
17
functional areas and maintain substantial equities or
18
responsibilities within the functional area.
19
(2) REPRESENTATION.—The Working Group
20
shall designate functional area leads under sub-
21
section (d)(4) in a manner that ensures appropriate
22
representation across the Department of Defense,
23
including the military departments, combatant com-
24
mands, defense agencies, and field activities.
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1
(3) RESPONSIBILITIES.—Each functional area
2
lead designated under subsection (d)(4) shall be re-
3
sponsible for—
4
(A) leading the development and mainte-
5
nance of domain-specific data ontologies within
6
the functional areas for which such entity is
7
designated as the functional area lead;
8
(B) reviewing and approving domain-spe-
9
cific data ontology elements specific to such
10
functional areas;
11
(C) ensuring alignment between domain-
12
specific data ontologies specific to such func-
13
tional
14
foundational data ontology;
areas
and
the
enterprise-wide
15
(D) developing guidance specific to such
16
domain-specific data ontologies for data ontol-
17
ogy implementation; and
18
(E) serving as the authoritative source for
19
knowledge on domains in such functional areas
20
within the data ontology governance structure.
21
(f) TIMELINE AND DELIVERABLES.—
22
(1) ESTABLISHMENT.—The Secretary of De-
23
fense shall ensure that the Working Group is estab-
24
lished pursuant to subsection (a) not later than
25
June 1, 2026, and the Working Group shall remain
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1
in effect for a period of not less than 5 years begin-
2
ning on the date of the establishment of the Work-
3
ing Group, unless the Secretary determines that it
4
is necessary to transition the Working Group into a
5
permanent organization.
6
(2) FUNCTIONAL AREA LEAD DESIGNATION.—
7
Not later than August 1, 2026, the Working Group
8
shall identify and designate functional area leads in
9
accordance with subsections (d)(4) and (e).
10
(3) DEPARTMENT-LEVEL
POLICY.—Not
later
11
than June 1, 2027, the Working Group shall develop
12
and distribute a Department of Defense-wide policy
13
on the data ontology governance structure, including
14
guidelines for the development, maintenance, and in-
15
tegration of domain-specific ontologies.
16
(4) IMPLEMENTATION.—Not later than June 1,
17
2028, the Working Group shall implement the gov-
18
ernance structure developed under subsection (d)(5).
19
(g) BRIEFING AND REPORT.—
20
(1) BRIEFING.—Not later than July 1, 2027,
21
the Working Group shall provide to the congres-
22
sional defense committees a briefing on progress of
23
the Working Group in carrying out this section.
24
(2) REPORT.—Not later than June 30, 2028,
25
the Secretary of Defense shall submit to the con-
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1
gressional defense committees a report on the imple-
2
mentation of the data ontology governance structure,
3
including the status of the implementation of such
4
structure for domain-specific ontologies, and rec-
5
ommendations for sustainment and further develop-
6
ment.
7
(h) DEFINITIONS.—In this section:
8
(1) The term ‘‘data ontology’’ means a formal,
9
structured representation and categorization of data
10
elements, their properties, and the relationships be-
11
tween them within an information system or knowl-
12
edge domain that enables consistent interpretation,
13
integration, and analysis of data across different
14
systems and users.
15
(2) The term ‘‘Defense intelligence element’’
16
has the meaning given such term in section 429 of
17
title 10, United States Code.
18
(3) The term ‘‘domain-specific data ontology’’
19
means a data ontology that is specific to a particular
20
functional areas within the Department of Defense.
21
(4) The term ‘‘foundational data ontology’’
22
means a top-level, domain-independent data ontology
23
that establishes universal categories and primitives
24
applicable across information systems and upon
25
which domain-specific ontologies are based.
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1
(5) The term ‘‘functional area’’ means a spe-
2
cialized functional, operational, or subject-matter
3
areas within the Department.
4
(6) The terms ‘‘military department’’ and
5
‘‘service acquisition executive’’ have the meanings
6
given such terms, respectively, in title 10, United
7
States Code.
8
SEC. 1505. FUTURE FORCE EMPLOYMENT CONCEPTS DE-
9
VELOPMENT TABLETOP EXERCISES.
10
(a) TABLETOP EXERCISES REQUIRED.—Not later
11 than September 1, 2026, the Secretary of Defense shall,
12 acting through the covered officials, conduct one or more
13 tabletop exercises to develop and evaluate concepts for
14 operational employment of cyber capabilities by cyber
15 forces of the Department of Defense under development
16 that would be implemented after the period covered by the
17 most recent future-years defense program submitted to
18 Congress under section 221 of title 10, United States
19 Code and the implementation of the revised force genera20 tion model established under section 1533(c) of the Na21 tional Defense Authorization Act for Fiscal Year 2023
22 (Public Law 117–263; 10 U.S.C. 167b(c)).
23
(b) TABLETOP EXERCISE ELEMENTS.—The tabletop
24 exercises required under subsection (a) shall—
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1
(1) evaluate of future force employment con-
2
cepts of the cyber forces of the Department of De-
3
fense, including—
4
(A) identifying and assessing additional
5
elements of the Cyber Operations Force in var-
6
ious geographic combatant command oper-
7
ational scenarios to provide tactical-level effects,
8
or integration with non-cyber tactical units,
9
using radio-frequency enabled cyber or other
10
off-net cyber operations techniques;
11
(B) assessing new or novel formations out-
12
side of the current construction of the Cyber
13
Mission Force; and
14
(C) experimenting with other doctrine, or-
15
ganization, training, materiel, leadership and
16
education, personnel, facilities, and policy ap-
17
proaches for cyber activities and operations or
18
other non-kinetic actions that include cyber ac-
19
tions outside of the current approach of the
20
Cyber Mission Force for on-net operations; and
21
(2) assess different models for command and
22
control for such future force employment concepts,
23
including integrating asscoaited cyber forces into
24
non-cyber units of the Department of Defense on a
25
temporary, or permanent basis.
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1
(c) REPORT REQUIRED.—Not later than January 1,
2 2027, the Secretary of Defense shall submit to the Com3 mittees on Armed Services of the Senate and House of
4 Representatives a report on the results and findings from
5 the tabletop exercises conducted under subsection (a) and
6 include the recommendations of the Secretary, if any, re7 garding matters described in subsections (a) and (b).
8
(d) DEFINITION OF COVERED OFFICIALS.—In this
9 section, the term ‘‘covered officials’’ means—
10
(1) the Secretaries of the military departments;
11
(2) the Assistant Secretary of Defense for
12
Cyber Policy; and
13
14
15
(3) the Commander of United States Cyber
Command.
SEC. 1506. OCCUPATIONAL RESILIENCY OF THE CYBER MIS-
16
17
SION FORCE.
(a) REQUIREMENT.—Beginning not later than one
18 year after the date of the enactment of this Act, the Under
19 Secretary of Defense for Personnel and Readiness and the
20 Under Secretary of Defense for Policy, in coordination
21 with the Principal Cyber Advisors of the military depart22 ments and the Commander of the United States Cyber
23 Command, shall jointly carry out an initiative to under24 stand and address occupational resiliency challenges at the
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1 duty locations of the Cyber Mission Force by ensuring
2 that—
3
(1) behavioral health professionals are assigned
4
to the operating locations of United States Cyber
5
Command and the Cyber Mission Force; and
6
(2) each such professional holds the security
7
clearance necessary to provide treatment to the
8
members of the Armed Forces assigned at such duty
9
locations.
10
(b) ANNUAL BRIEFINGS.—On an annual basis during
11 the three-year period beginning on the date on which the
12 initiative under subsection (a) commences, the Under Sec13 retary of Defense for Personnel and Readiness and the
14 Assistant Secretary of Defense for Cyber Policy shall
15 jointly provide to the Committees on Armed Services of
16 the Senate and the House of Representatives a briefing
17 on the following:
18
(1) The status of carrying out such initiative.
19
(2) Validation of the security clearances held by
20
behavioral health professionals assigned under such
21
subsection.
22
23
(3) An analysis of clinical acuity being treated
by such professionals.
24
25
(4) Identified challenges to carrying out such
initiative.
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1
(5) Efforts to improve the awareness by mem-
2
bers of the Armed Forces assigned to the Cyber Mis-
3
sion Force with respect to the availability of appro-
4
priately cleared behavioral health professionals who
5
can treat such members.
6
(6) Any other information the Under Secretary
7
or the Assistant Secretary determines appropriate.
8
(c) OCCUPATIONAL RESILIENCY CHALLENGES DE-
9
FINED.—In this section, the term ‘‘occupational resiliency
10 challenges’’ means behavioral health challenges relating to
11 an occupation and work-related stress.
12
SEC. 1507. PROHIBITION ON THE ELIMINATION OF CERTAIN
13
CYBER ASSESSMENT CAPABILITIES FOR TEST
14
AND EVALUATION.
15
(a) PROHIBITION.—The Secretary of Defense may
16 not take any action to divest, consolidate, or curtail any
17 current cyber assessment capabilities or red teams cer18 tified by the National Security Agency supporting oper19 ational test and evaluation for programs of the Depart20 ment of Defense unless, prior to taking such action, the
21 Secretary submits to the congressional defense committees
22 the certification described in subsection (b) with respect
23 to such action.
24
(b) CERTIFICATION.— The certification described in
25 this subsection with respect to an action described in sub-
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1 section (a) is a certification that the decision to take such
2 action and the analysis related to operational effects on
3 users of cyber assessment capabilities provided by the Di4 rector of Operational Test and Evaluation of such action
5 comply with the applicable requirements under section
6 4173(c)(1)(B) of title 10, United States Code, and which
7 includes the following:
8
(1) The analytic basis for making the decision
9
to take such action, including any cost, workload,
10
and workforce requirements, as well as any analysis
11
related to operational effects on users of cyber as-
12
sessment capabilities provided by the Director of
13
Operational Test and Evaluation of such action.
14
(2) An independent review by the Director of
15
Cost Assessment and Program Evaluation of all the
16
analysis included in the certification under para-
17
graph (1).
18
(3) A comprehensive plan to sustain the critical
19
cyber assessment capabilities for test and evaluation
20
currently managed by the Director of Operational
21
Test and Evaluation while transitioning such capa-
22
bilities to another element of the Department of De-
23
fense or, if supporting analyses identify the elements
24
of the Department to which such capabilities are
25
proposed to be transferred, a plan for the transition
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1
of such capabilities to such elements, including a
2
timeline for such transfer and measures to ensure no
3
reductions in such capabilities during such transi-
4
tion.
5
(4) A detailed assessment of the funding re-
6
quirements for maintaining and enhancing cyber as-
7
sessment capabilities for test and evaluation of the
8
Department of Defense, including how these funding
9
requirements will be incorporated into annual budget
10
request documents of the Department of Defense.
11
(5) A review of staffing, tools, and specialized
12
resources required to support cyber operational test
13
and evaluation across major defense acquisition pro-
14
grams (as defined in section 4201 of title 10, United
15
States Code) and information technology programs
16
of the Department of Defense .
17
(6) A summary of the efforts of the Depart-
18
ment of Defense to integrate intelligence-informed
19
threat data into operational cyber testing, including
20
any legal or technical barriers to such integration
21
and proposed solutions to such barriers.
22
(7) A plan to improve coordination and infor-
23
mation-sharing between cyber operational test and
24
evaluation stakeholders, the United States Cyber
25
Command, and the intelligence community (as de-
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1
fined in section 3(4) of the National Security Act of
2
1947 (50 U.S.C. 3003(4))) following the transition
3
described in paragraph (3).
4
(8) Proposed metrics for evaluating mission ef-
5
fects in contested cyber environments that are in ac-
6
cordance with guidance issued by the Director of
7
Operational Test and Evaluation, titled ‘‘Cyber
8
Operational Test and Evaluation Guidebook’’ and
9
dated January 31, 2025.
10
(9) An assessment of the effectiveness and fu-
11
ture needs of cyber assessment programs of the De-
12
partment of Defense, including an identification of
13
any current or future requirements of such pro-
14
grams for resources that are or are projected to not
15
be met.
16
SEC. 1508. PROHIBITION ON AVAILABILITY OF FUNDS TO
17
MODIFY AUTHORITIES OF THE COMMANDER
18
OF UNITED STATES CYBER COMMAND.
19
(a) PROHIBITION.—None of the funds authorized to
20 be appropriated by this Act or otherwise made available
21 for fiscal year 2026 for the Department of Defense, may
22 be obligated or expended to reduce or diminish the respon23 sibilities, authorities, or organizational oversight of the
24 Commander of United States Cyber Command from those
25 in effect on June 1, 2025.
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1
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
2 tion may be construed to—
3
(1) prohibit the implementation of initiatives
4
pursuant to section 1533 of the James M. Inhofe
5
National Defense Authorization Act for Fiscal Year
6
2023 (Public Law 117-263; 10 U.S.C. 167b); or
7
(2) prohibit necessary adjustments to the orga-
8
nizational structure or cyber operations authorities
9
under section 394 of title 10, United States Code,
10
of the United States Cyber Command that meet crit-
11
ical mission requirements, as directed by the Sec-
12
retary of Defense or the Chairman of the Joint
13
Chiefs of Staff, if—
14
(A) such adjustments do not diminish the
15
capabilities of the United States Cyber Com-
16
mand to provide cyber effects or pose unaccept-
17
able risk to the operational effectiveness of the
18
United States Cyber Command; and
19
(B) the Secretary of Defense provides to
20
the congressional defense committees a written
21
notification of such adjustments not later than
22
30 days before implementing such adjustments.
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1
SEC. 1509. LIMITATION ON AVAILABILITY OF FUNDS FOR
2
THE COMBINED JOINT ALL-DOMAIN COM-
3
MAND AND CONTROL INITIATIVE.
4
Of the funds authorized to be appropriated by this
5 Act or otherwise made available for fiscal year 2026 for
6 research, development, test, and evaluation, Defense-wide,
7 for the Joint Staff and the Chief Digital and Artificial
8 Intelligence Officer for the Combined Joint All-Domain
9 Command and Control initiative, not more than 90 per10 cent may be obligated or expended until the Secretary of
11 Defense provides to the congressional defense committees
12 a framework for such initiative that helps guide invest13 ments and measures progress for the initiative, as rec14 ommended by the Comptroller General of the United
15 States in the report of the Comptroller General titled ‘‘De16 fense Command and Control: Further Progress Hinges on
17 Establishing a Comprehensive Framework’’ (GAO–25–
18 106454).
19
Subtitle B—Cybersecurity
20
SEC. 1511. SECURE MOBILE PHONES FOR SENIOR OFFI-
21
CIALS AND PERSONNEL PERFORMING SEN-
22
SITIVE FUNCTIONS.
23
(a) IN GENERAL.—Beginning not later than 90 days
24 after the date of enactment of this Act, the Secretary of
25 Defense shall ensure that each wireless mobile phone the
26 Department of Defense provides to a senior official of the
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1 Department or any other employee of the Department who
2 performs sensitive national security functions, as deter3 mined by the Secretary, and all related telecommuni4 cations services are acquired under contracts or other
5 agreements that require the enhanced cybersecurity pro6 tections described in subsection (b).
7
(b) PROTECTIONS DESCRIBED.—The enhanced cy-
8 bersecurity protections described in this subsection en9 hanced cybersecurity protections for wireless mobile
10 phones and related telecommunication services that in11 cludes—
12
(1) encryption of data on the wireless mobile
13
phones and of all telecommunications to and from
14
the wireless mobile phones through such tele-
15
communication services;
16
(2) capabilities to mitigate or obfuscate per-
17
sistent device identifiers, including periodic rotation
18
of network or hardware identifiers to reduce the risk
19
of inappropriate tracking of the activity or location
20
of the wireless mobile phones; and
21
(3) the capability to continuously monitor the
22
wireless mobile phones.
23
(c) REPORT.—Not later than 180 days after the en-
24 actment of this Act, the Secretary of Defense shall submit
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1 to the congressional defense committees a report con2 taining—
3
(1) a list of the contracts or other agreements
4
entered into pursuant to subsection (a);
5
(2) the criteria used by the Secretary to deter-
6
mine which employees of the Department of Defense
7
performs sensitive national security functions for the
8
purposes of subsection (a), and the total number of
9
such employees; and
10
(3) the total costs of wireless mobile phones and
11
telecommunication services required by subsection
12
(a).
13
SEC.
1512.
ARTIFICIAL
INTELLIGENCE
AND
MACHINE
14
LEARNING SECURITY IN THE DEPARTMENT
15
OF DEFENSE.
16
(a) CYBERSECURITY POLICY FOR ARTIFICIAL INTEL-
17
LIGENCE AND MACHINE LEARNING USE.—Not later than
18 180 days after the date of enactment of this Act, the Sec19 retary of Defense, in consultation with other appropriate
20 Federal agencies, shall develop and implement a Depart21 ment of Defense-wide policy for the cybersecurity and as22 sociated governance of artificial intelligence and machine
23 learning systems and applications, as well as the models
24 for artificial intelligence and machine learning used in na25 tional defense applications.
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1
(b) POLICY ELEMENTS.—The policy required under
2 subsection (a) shall address the following:
3
(1) Protection against security threats specific
4
to artificial intelligence and machine learning, in-
5
cluding model serialization attacks, model tam-
6
pering, data leakage, adversarial prompt injection,
7
model extraction, model jailbreaks, and supply chain
8
attacks.
9
(2) Use of cybersecurity measures throughout
10
the life cycle of systems using artificial intelligence
11
or machine learning.
12
(3) Adoption of industry-recognized frameworks
13
to guide the development and implementation of ar-
14
tificial intelligence and machine learning security
15
best practices.
16
(4) Standards for governance, testing, auditing,
17
and monitoring of systems using artificial intel-
18
ligence and machine learning to ensure the integrity
19
and resilience of such systems against corruption
20
and unauthorized manipulation.
21
(5) Training requirements for the workforce of
22
the Department of Defense to ensure personnel are
23
prepared to identify and mitigate vulnerabilities that
24
are specific to artificial intelligence and machine
25
learning.
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1
(c) REVIEW AND REPORT.—
2
(1) REVIEW.—The Secretary of Defense shall
3
conduct a comprehensive review to identify and as-
4
sess the effectiveness of the artificial intelligence and
5
machine learning cybersecurity and associated gov-
6
ernance practices of the Department of Defense.
7
(2) REPORT.—
8
(A) IN GENERAL.—Not later than August
9
31, 2026, the Secretary of Defense shall submit
10
to the Committees on Armed Services of the
11
House of Representatives and the Senate a re-
12
port on the findings of the review conducted
13
under paragraph (1).
14
15
(B)
CONTENTS.—The
report
required
under subparagraph (A) shall include—
16
(i) an assessment of the current secu-
17
rity practices for artificial intelligence and
18
machine learning across the Department of
19
Defense;
20
(ii) an assessment of the cybersecurity
21
risks posed by the use of authorized and
22
unauthorized artificial intelligence soft-
23
ware, including models developed by com-
24
panies headquartered in or operating from
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1
foreign countries of concern, by the De-
2
partment;
3
(iii) an identification of gaps in the
4
existing security measures of the Depart-
5
ment related to threats specific to the use
6
of artificial intelligence and machine learn-
7
ing;
8
(iv) an analysis of the potential of se-
9
curity management, access, and runtime
10
capabilities for artificial intelligence in the
11
commercial sector for use by the Depart-
12
ment to defend systems using artificial in-
13
telligence from threats, minimize data ex-
14
posure resulting from the use of such sys-
15
tems, and maintain the trustworthiness of
16
applications of the Department that use
17
artificial intelligence;
18
(v) an evaluation of the alignment of
19
the policies of the Department with indus-
20
try frameworks;
21
(vi) recommend actions to enhance the
22
security, integrity, and governance of arti-
23
ficial intelligence and machine learning
24
models used by the Department; and
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1
(vii) an identification of any addi-
2
tional authorities, resources, or legislative
3
actions required for the Department to ef-
4
fectively implement artificial intelligence
5
and machine learning model security policy
6
required by subsection (a).
7
(d) DEFINITIONS.—In this section:
8
(1) The terms ‘‘artificial intelligence’’ and ‘‘ma-
9
chine learning’’ have the meanings given such terms,
10
respectively, in section 5001 of the National Artifi-
11
cial Intelligence Initiative Act of 2020 (15 U.S.C.
12
9401).
13
SEC. 1513. PHYSICAL AND CYBERSECURITY PROCUREMENT
14
REQUIREMENTS
15
LIGENCE SYSTEMS.
16
FOR
ARTIFICIAL
INTEL-
(a) SECURITY FRAMEWORK.—
17
(1) IN GENERAL.—The Secretary of Defense
18
shall develop a framework for the implementation of
19
cybersecurity and physical security standards and
20
best practices relating to covered artificial intel-
21
ligence and machine learning technologies to miti-
22
gate risks to the Department of Defense from the
23
use of such technologies.
24
25
(2) COVERAGE OF RELEVANT ASPECTS OF SECURITY.—The
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1
graph (1) shall cover all relevant aspects of the secu-
2
rity of artificial intelligence and machine learning
3
systems of the Department of Defense, including the
4
following:
5
(A) Risk posed to and by the workforce of
6
the Department of Defense, including insider
7
threat risks.
8
(B) Training and workforce development
9
requirements, including with respect to the fol-
10
lowing:
11
(i)
12
awareness.
13
(ii)
14
Artificial
Artificial
intelligence
security
intelligence-specific
threats and vulnerabilities.
15
(iii) Development of a continuum of
16
professional development and education of
17
artificial intelligence security expertise.
18
(C) Risks to the supply chains of such sys-
19
tems, including counterfeit parts or data poi-
20
soning risks.
21
22
(D) Risks relating to adversarial tampering with artificial intelligence systems.
23
(E) Risks relating to the unintended expo-
24
sure or theft of artificial intelligence systems or
25
data.
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1
(F) Security posture management prac-
2
tices, including governance of security meas-
3
ures, continuous monitoring, and incident re-
4
porting procedures.
5
(G) An evaluation of commercially avail-
6
able platforms for continuous monitoring and
7
assessment of such systems.
8
(3) RISK-BASED FRAMEWORK.—The framework
9
developed under paragraph (1) shall be risk-based,
10
including security that is proportional to the na-
11
tional security or foreign policy risks posed by the
12
covered artificial intelligence and machine learning
13
technology being stolen or tampered with.
14
(4) USE OF EXISTING FRAMEWORKS.—To the
15
maximum extent feasible, the framework developed
16
under paragraph (1) shall—
17
(A) draw on existing cybersecurity ref-
18
erence documents, including the NIST Special
19
Publication 800 series; and
20
(B) be implemented as an extension or
21
augmentation of existing cybersecurity frame-
22
works developed by the Department of Defense,
23
including the Cybersecurity Maturity Model
24
Certification framework.
25
(5) ADDRESSING EXTREME SECURITY RISKS.—
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1
(A) HIGHLY CAPABLE CYBER THREAT AC-
2
TORS.—The
3
graph (1) shall prioritize the most highly capa-
4
ble artificial intelligence systems that may be of
5
highest interest to cyber threat actors, based on
6
risk assessments and threat reporting.
7
framework developed under para-
(B) SECURITY
LEVELS.—The
Secretary
8
shall ensure that the framework developed
9
under paragraph (1) imposes requirements for
10
security on contractors that are designed to
11
mitigate the cyberesecurity risks posed by the
12
cyber threat actors described in subparagraph
13
(A), with the most stringent security require-
14
ments under such frameworks providing protec-
15
tion that is similar to the protection offered by
16
national security systems (as defined in section
17
3552(b)(6) of title 44, United States Code).
18
(C) GENERAL
DESIGN
WITH
SPECIFIC
19
COMPONENTS.—To the extent feasible, any ad-
20
ditional security requirements developed pursu-
21
ant to subparagraph (B) shall be designed gen-
22
erally for all software systems of the Depart-
23
ment of Defense, but may contain components
24
designed specifically for highly capable artificial
25
intelligence systems.
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1
(b) SECURITY REQUIREMENTS.—
2
(1) IN GENERAL.—The Secretary of Defense
3
shall amend the Defense Federal Acquisition Regu-
4
lation Supplement, or take other similar action, to
5
require covered entities to implement the best prac-
6
tices described in subsection (a) under the frame-
7
work developed under such subsection.
8
(2) RISK-BASED RULES.—Any requirements im-
9
plemented pursuant to paragraph (1) shall, to the
10
extent practicable, be narrowly tailored to the spe-
11
cific covered artificial intelligence and machine
12
learning technologies developed, deployed, stored, or
13
hosted by a covered entity, and shall be calibrated
14
accordingly to the different tasks involved in devel-
15
opment, deployment, storage, or hosting of compo-
16
nents of such covered artificial intelligence and ma-
17
chine learning technologies.
18
19
20
(3) COST-BENEFIT CONSIDERATION.—
(A) IN GENERAL.—In carrying out paragraph (1), the Secretary of Defense shall—
21
(i) consider the costs and benefits to
22
the Department of Defense and to the na-
23
tional security and technological leadership
24
of the United States, of imposing security
25
requirements on covered entities; and
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1
(ii) to the extent feasible, design the
2
requirements implemented pursuant to
3
such paragraph to allow for trade space
4
analysis by the Department in a trans-
5
parent manner between competing require-
6
ments in order to minimize the costs and
7
maximize the benefits of such require-
8
ments.
9
(B) WEIGHING COSTS OF SLOWING DOWN
10
DEVELOPMENT.—In carrying out subparagraph
11
(A), the Secretary shall weigh the costs of slow-
12
ing the development and deployment of artifi-
13
cial intelligence and machine learning against
14
the benefits of mitigating national security risks
15
and potential security risks to the Department
16
of Defense from using commercial software for
17
imposing additional physical or cybersecurity
18
requirements for such systems.
19
(c) PRIVATE SECTOR COLLABORATION.—In carrying
20 out the requirements of subsection (a), the Secretary of
21 Defense shall seek to collaborate with industry and aca22 demia in the development of the framework under such
23 subsection using a process for consultation that uses a new
24 or existing mechanism for public-private partnerships.
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1
(d) IMPLEMENTATION PLAN.—The framework re-
2 quired by subsection (a)(1) shall include a detailed plan
3 for the implementation of the framework that—
4
5
(1) establishes timelines and milestones for
achieving the objectives outlined in the framework;
6
7
(2) identifies resource requirements and funding mechanisms; and
8
(3) provides metrics for measuring progress and
9
effectiveness.
10
(e) REPORTING REQUIREMENTS.—Not later than
11 180 days after the date of the enactment of this Act, the
12 Secretary shall submit to the congressional defense com13 mittees an update on the status of implementation of the
14 requirements of this section.
15
(f) DEFINITIONS.—In this section:
16
(1) The term ‘‘artificial intelligence’’ has the
17
meaning given such term in 238(g) of the John S.
18
McCain National Defense Authorization Act for Fis-
19
cal Year 2019 (Public Law 115–232; 10 U.S.C.
20
4061 note prec.).
21
(2) The term ‘‘covered artificial intelligence and
22
machine learning technology’’ means an artificial in-
23
telligence or machine learning system acquired by
24
the Department of Defense or an element of the De-
25
partment and all associated components involved in
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1
the development and deployment lifecycle of such
2
system, including source code, numerical parameters
3
(including model weights) of the trained artificial in-
4
telligence or machine learning system, details of any
5
methods and algorithms used to develop such sys-
6
tem, data used in the development of such system,
7
and software used for evaluating the trustworthiness
8
of the artificial intelligence or machine learning sys-
9
tem during development or deployment.
10
(3) The term ‘‘covered entity’’ means an entity
11
that enters into a contract or other agreement with
12
the Department of Defense under which such entity
13
engages in the development, deployment, storage, or
14
hosting of one or more covered artificial intelligence
15
and machine learning technologies.
16
SEC.
1514.
17
18
COLLABORATIVE
CYBERSECURITY
EDU-
CATIONAL PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
19 shall establish and carry out program under which the
20 Secretary shall seek to collaborate with academic institu21 tions to develop cybersecurity educational programs at
22 such institutions, including by establishing curriculum
23 standards, developing competencies in cybersecurity at
24 such institutions, promoting community outreach regard25 ing participation in such educational programs, inte-
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1 grating best practices across such educational programs,
2 and advancing solutions to challenges in addressing edu3 cational needs with respect to cyber.
4
(b) CONSULTATION REQUIREMENTS.—In carrying
5 out the program under subsection (a), the Secretary of
6 Defense shall—
7
(1) consult with the Director of the National
8
Security Agency, the Director of the Cybersecurity
9
and Infrastructure Security Agency of the Depart-
10
ment of Homeland Security, the Director of the Na-
11
tional Institute of Standards and Technology, the
12
Director of the Federal Bureau of Investigation, and
13
the Director of the National Science Foundation, to
14
ensure that the cyber education programs and edu-
15
cational resource development efforts and programs
16
of the Federal Government do not compete or con-
17
flict with each other;
18
(2) consult with the heads of other appropriate
19
Federal agencies and representatives of appropriate
20
private sector entities, academic institutions, and
21
other organizations as determined necessary by the
22
Secretary; and
23
(3) manage instructional and participatory op-
24
portunities available through the efforts, programs,
25
initiatives, and investments accounted for in the re-
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1
port required under section 1649 of the National
2
Defense Authorization Act for Fiscal Year 2020
3
(Public Law 116–92; 133 Stat. 1758).
4
(c) DESIGNATIONS.—
5
(1) IN GENERAL.—In carrying out the program
6
under subsection (a), the Secretary of Defense shall
7
designate academic institutions that meet the stand-
8
ards established under such program in one or more
9
of cyber defense, cyber operations, and cyber re-
10
search.
11
(2) CRITERIA.—The Secretary of Defense shall
12
make the designations under paragraph (1) based on
13
the following:
14
(A) Academic requirements and best prac-
15
tices identified by the Secretary of Defense in
16
consultation with Departments and Agencies
17
enabling the development of educational pro-
18
grams reflecting the full range of cyber work
19
roles specified in the Defense Cyber Workforce
20
Framework, the National Initiative on Cyber
21
Education Workforce Framework for Cyber
22
published by the National Institute of Stand-
23
ards and Technology in NIST Special Publica-
24
tion 800–181, Revision 5, or any successor
25
framework.
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1
2
(B) Criteria and requirements for the academic institution emphasizing the following:
3
4
(i) Outreach to the surrounding community of the academic institution.
5
(ii) Leadership in contributing to the
6
development of a national cyber workforce,
7
including cultivating educational institution
8
faculty and research leaders.
9
(iii) Leadership in the development of
10
educational and performance expectations
11
for cyber professionals, including through
12
curriculum and degree offerings to prepare
13
future cyber professionals of all knowledge
14
and skill levels.
15
(iv) Demonstrated commitment to im-
16
plementing cyber best practices within the
17
academic institution across academic dis-
18
ciplines.
19
(v)
Demonstrated
commitment
to
20
seeking solutions to challenges in address-
21
ing Federal, State, local, territorial, and
22
Tribal-level needs.
23
(vi) Regional accreditation from one
24
of the six regional accrediting agencies rec-
25
ognized by the Department of Education
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1
providing external review to assure quality
2
and ongoing improvement.
3
(C) Increasing collaboration within the
4
cyber education community to support develop-
5
ment and sharing of educational materials and
6
curriculum.
7
(D) Increasing collaboration with private
8
sector entities and government employers at the
9
Federal, State, local, territorial, and Tribal lev-
10
els to further define workforce requirements
11
and assist in defining academic requirements to
12
prepare students for the field of cyber.
13
(d) METRICS AND REPORT.—
14
(1)
15
shall—
METRICS.—The
Secretary
of
Defense
16
(A) collaborate with the individuals de-
17
scribed in subsection (b)(1) to identify metrics
18
and annual data reporting requirements nec-
19
essary to assess the degree to which the pro-
20
gram established under subsection (a) is meet-
21
ing the objectives of such program; and
22
(B) ensure adequate data and best prac-
23
tices are made available to the individuals de-
24
scribed in subsection (b)(1) to measure the effi-
25
cacy of such program and the benefits provided
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1
by such program to individuals participating in
2
such program and to the Department of De-
3
fense compared to costs of such program paid
4
by academic institutions participating in such
5
program and sponsors of such program.
6
(2) ANNUAL REPORT.—Not later than one year
7
after the date of the enactment of this Act, and an-
8
nually thereafter, the Secretary of Defense shall sub-
9
mit to Congress a report on the benefits provided by
10
the program established under subsection (a) to in-
11
dividuals participating in such program and to the
12
Department compared to costs of such program paid
13
by academic institutions participating in such pro-
14
gram and sponsors of such program.
15
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
16 tion shall be construed to—
17
(1) supersede the statutory responsibilities or
18
authorities of any head of a departments or agencies
19
of the Federal Government; or
20
(2) authorize the appropriation of additional
21
amounts for the program established under sub-
22
section (a).
23
(f) ACADEMIC INSTITUTION DEFINED.—The term
24 ‘‘academic institution’’ means—
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1
(1) an institution of higher education (as de-
2
fined in section 102 of the Higher Education Act of
3
1965 (20 U.S.C. 1002)) in the United States that
4
conducts research sponsored by the Department of
5
Defense; or
6
(2) a senior military college (as defined in sec-
7
tion 2111a(f) of title 10, United States Code).
8
SEC. 1515. INCORPORATION OF ARTIFICIAL INTELLIGENCE
9
CONSIDERATIONS
10
TRAINING.
11
INTO
CYBERSECURITY
Not later than one year after the date of the enact-
12 ment of this Act, the Secretary of Defense, acting through
13 the Chief Information Officer of the Department of De14 fense, shall revise the mandatory training on cybersecurity
15 for members of the Armed Forces and civilian employees
16 of the Department of Defense to include content related
17 to the unique cybersecurity challenges posed by the use
18 of artificial intelligence.
20
Subtitle C—Information
Technology and Data Management
21
SEC. 1521. ACCOUNTABILITY OF THE AUTHORIZATION TO
19
22
23
OPERATE PROCESSES.
Section 1522 of the National Defense Authorization
24 Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C.
25 2223 note) is amended—
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1
(1) in subsection (b)(2)—
2
(A) in subparagraph (C), by striking
3
‘‘and’’ at the end;
4
(B) in subparagraph (D), by striking the
5
period at the end and inserting ‘‘; and’’; and
6
(C) by adding at the end the following new
7
subparagraph:
8
‘‘(E) defines Department of Defense-wide,
9
mandatory timelines for activities performed by
10
authorizing officials with respect to an Author-
11
ization to Operate for cloud-hosted platforms,
12
services, and applications.’’;
13
(2) in subsection (b)(3), by striking ‘‘subsection
14
(a)’’ and inserting ‘‘paragraph (1)’’;
15
16
(3) by redesignating subsection (c) as subsection (d);
17
(4) by inserting after subsection (b) the fol-
18
lowing new subsection:
19
‘‘(c) EXPEDITED PROCESSING.—
20
‘‘(1) PROCESSES REQUIRED.—Not later than
21
180 days after the date of the enactment of this
22
subsection, the Chief Information Officer of the De-
23
partment of Defense, in coordination with the Chief
24
Information Officers of the military departments,
25
shall provide to each element of the Department of
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1
Defense with Authorization to Operate responsibil-
2
ities guidance on, and direct each such element to
3
develop and implement, one or more processes to ex-
4
pedite the granting of Authorizations to Operate
5
and, where applicable, related appeals.
6
‘‘(2) CRITERIA FOR EXPEDITED REVIEW.—The
7
processes implemented by an element of the Depart-
8
ment of Defense under paragraph (1) shall provide
9
for expedited review of a request for an Authoriza-
10
tion to Operate if—
11
12
‘‘(A) such Authorization to Operate is for
an information system of such element; and
13
‘‘(B) the request for such Authorization to
14
Operate was appropriately submitted to the au-
15
thorizing official for such Authorization to Op-
16
erate and—
17
‘‘(i) the final determination whether
18
to grant such Authorization to Operate as
19
has been pending before such authorizing
20
official for not fewer than 180 days with-
21
out resolution;
22
‘‘(ii) if a mechanism for appealing a
23
determination by an authorizing official
24
with respect to such Authorization to Op-
25
erate exists, such an appeal has been pend-
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1113
1
ing before such authorizing official for not
2
fewer than 90 days without response; or
3
‘‘(iii) any other circumstances identi-
4
fied by the Chief Information Officer of
5
the Department of Defense in the policy
6
established under paragraph (1) that dem-
7
onstrate unreasonable delay or impediment
8
to the Authorization to Operate process.
9
‘‘(3) ELEMENTS.—The process for expedited
10
appeals developed under paragraph (1) shall in-
11
clude—
12
‘‘(A) clearly defined timelines for resolu-
13
tion of the expedited review of the appeal, not
14
to exceed 45 days from the date the expedited
15
review is requested;
16
‘‘(B) requirements for a written justifica-
17
tion when such timelines cannot be met; and
18
‘‘(C) tracking and reporting mechanisms to
19
monitor compliance with such timelines.’’; and
20
(5) by amending subsection (d), as so redesig-
21
nated, to read as follows:
22
‘‘(d) REPORTS.—
23
‘‘(1) IMPLEMENTATION STATUS.—
24
‘‘(A) SECRETARY REPORT.—Not later than
25
120 days after the date of the enactment of this
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1114
1
Act, the Secretary of Defense shall submit to
2
the congressional defense committees a report
3
on the status of the implementation of sub-
4
sections (a) and (b).
5
‘‘(B) CHIEF INFORMATION OFFICER RE-
6
PORT.—Not later than July 1, 2026, the Chief
7
Information Officer of the Department of De-
8
fense shall submit to the congressional defense
9
committees a report on the status of the imple-
10
mentation of subsections (c).
11
‘‘(2) BIANNUAL REPORT.—
12
‘‘(A) IN
GENERAL.—Not
later than six
13
months after the date of the enactment of this
14
subsection, and every six months thereafter
15
under October 1, 2031, the Secretary of De-
16
fense, in coordination with the Chief Informa-
17
tion Officer of the Department of Defense and
18
the Chief Information Officers of the military
19
departments, shall submit to the congressional
20
defense committees a report on the activities
21
under this section in the six-month period end-
22
ing on the date of the submission of such re-
23
port.
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1
‘‘(B) CONTENTS.—Each report required
2
under subparagraph (A) shall include, for the
3
period covered by such report—
4
5
‘‘(i) the number of new Authorizations
to Operate issued;
6
‘‘(ii) the number of requests for an
7
Authorization to Operate that were sub-
8
mitted with complete and sufficient docu-
9
mentation to the appropriate authorizing
10
official;
11
12
‘‘(iii) the number of requests for Authorizations to Operate that were denied;
13
‘‘(iv) the number of requests for Au-
14
thorizations to Operate that were escalated
15
to the process implemented under sub-
16
section (c), disaggregated by escalations—
17
‘‘(I) to the Chief Information Of-
18
ficer of the Department of Defense;
19
and
20
‘‘(II) to the Chief Information
21
Officer of each military department;
22
‘‘(v) the number of requests described
23
in
24
disaggregated by resolutions—
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clause
(iv)
that
were
resolved,
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1116
1
‘‘(I) by the Chief Information Of-
2
ficer of the Department of Defense;
3
and
4
‘‘(II) by the Chief Information
5
Officer of each military department;
6
‘‘(vi) the average time required for a
7
capability to receive an Authorization to
8
Operate, disaggregated each element of the
9
Department responsible for evaluating the
10
request for the Authorization to Operate;
11
‘‘(vii) the number of Authorizations to
12
Operate issued pursuant to the policy re-
13
quired by subsection (b);
14
‘‘(viii) the number of requested recip-
15
rocal Authorizations to Operate denied due
16
to insufficiency of supporting evidence,
17
along with a narrative summary of the pri-
18
mary reasons for such denials;
19
‘‘(ix) a narrative summary of any re-
20
curring deficiencies in the materials re-
21
quired for system authorization under the
22
Risk Management Framework;
23
‘‘(x) recommendations to refine the
24
Risk Management Framework and the Au-
25
thority to Operate process, including op-
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1
portunities to define, implement, and vali-
2
date security controls at a higher organiza-
3
tional level so that subordinate systems
4
may rely on those controls without duplica-
5
tive implementation or assessment; and
6
‘‘(xi) an evaluation of the training,
7
standards, and qualification requirements
8
for authorizing officials.’’.
9
SEC. 1522. ANNUAL REPORT ON DEPARTMENT OF DEFENSE
10
UNIFIED DATALINK STRATEGY.
11
Section 1527 of the National Defense Authorization
12 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
13 2223 note) is amended—
14
15
(1) by redesignating subsection (c) as subsection (d); and
16
(2) by inserting after subsection (b) the fol-
17
lowing new subsection:
18
‘‘(c) ANNUAL REPORTS.—Not later than 180 days
19 after the date of the enactment of the National Defense
20 Authorization Act for Fiscal Year 2026, and not less fre21 quently than once each year thereafter through December
22 31, 2032, the Secretary of Defense shall submit to the
23 appropriate congressional committees an annual report on
24 the implementation of the strategy.’’.
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1
Subtitle D—Artificial Intelligence
2
SEC. 1531. MODIFICATION OF HIGH-PERFORMANCE COM-
3
4
PUTING ROADMAP.
Section 1532(c) of the National Defense Authoriza-
5 tion Act for Fiscal Year 2025 (10 U.S.C. 4001) is amend6 ed—
7
(1) in paragraph (1), by inserting ‘‘, including
8
dedicated computing assets owned and maintained
9
by the Department of Defense and commercial cloud
10
services and other infrastructure-as-a-service serv-
11
ices’’ before the period at the end;
12
(2) in paragraph (2)—
13
14
15
16
(A) by redesignating subparagraph (C) as
subparagraph (D); and
(B) by inserting after subparagraph (B)
the following new subparagraph (C):
17
‘‘(C) For each data center to be built or
18
expanded on a military installation, an esti-
19
mate, to the degree that the Secretary deter-
20
mines that providing such an estimate will not
21
delay the submittal of the triennial update re-
22
quired by paragraph (3), of the additional re-
23
source usage resulting from building or expand-
24
ing such data center, including—
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1
‘‘(i) an estimate of the increased foot-
2
print for physical space needs;
3
‘‘(ii) assessments of projected elec-
4
tricity and water usage requirements for
5
such data center;
6
‘‘(iii) anticipated effects on the instal-
7
lation and the surrounding community re-
8
sulting from the increased power, water,
9
and other resource needs of such data cen-
10
ter, including measures to mitigate any po-
11
tential adverse effects on military installa-
12
tions; and
13
‘‘(iv) strategies to prevent disruptions
14
to local public utility services and to ensure
15
resilience of the community in which the
16
military installation resides and in which
17
the data center is being built, including
18
consultation with local, State, and Federal
19
agencies to align infrastructure planning
20
with broader needs of such community.’’;
21
and
22
(3) by adding at the end the following:
23
‘‘(3) TRIENNIAL
UPDATES.—Not
later than
24
March 1, 2027, and not later than March 1 of every
25
third year thereafter until March 1, 2033, the Sec-
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1120
1
retary shall update the roadmap required by para-
2
graph (1) and submit to the congressional defense
3
committees the updated roadmap.’’.
4
SEC. 1532. GUIDANCE AND PROHIBITION ON USE OF CER-
5
TAIN ARTIFICIAL INTELLIGENCE.
6
(a) GUIDANCE AND PROHIBITIONS.—
7
(1) EXCLUSION AND REMOVAL FROM DEPART-
8
MENT SYSTEMS AND DEVICES.—Except as provided
9
in subsection (b), not later than 30 days after the
10
date of the enactment of this Act, the Secretary of
11
Defense shall require the exclusion and removal of
12
covered artificial intelligence from the systems and
13
devices of the Department of Defense.
14
(2) CONSIDERATION
OF GUIDANCE FOR DE-
15
PARTMENT SYSTEMS AND DEVICES.—Not later than
16
30 days after the date of the enactment of this Act,
17
the Secretary of Defense shall consider issuing De-
18
partment of Defense-wide guidance to exclude and
19
remove from systems and devices of the Department
20
artificial intelligence developed by a covered artificial
21
intelligence company which the Secretary determines
22
poses a risk to national security.
23
24
25
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(3) PROHIBITION FOR CONTRACTORS.—
(A) USE OF COVERED ARTIFICIAL INTELLIGENCE.—Except
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1
(b), not later than 30 days after the date of en-
2
actment of this Act, no contractor may, during
3
the period of performance of such contractor
4
under a contract with the Department of De-
5
fense, use covered artificial intelligence with re-
6
spect to the performance of a contract with the
7
Department.
8
(B) USE
OF ARTIFICIAL INTELLIGENCE
9
DEVELOPED BY A COVERED ARTIFICIAL INTEL-
10
LIGENCE
11
subsection (b), if the Secretary of Defense
12
issues guidance described in paragraph (2) with
13
respect to an artificial intelligence described in
14
such paragraph, no contractor may, during the
15
period of performance of such contractor under
16
a contract with the Department of Defense, use
17
such artificial intelligence with respect to the
18
performance of a contract with the Department.
19
COMPANY.—Except
as provided in
(b) WAIVER.—
20
(1) IN GENERAL.—The Secretary of Defense
21
may waive a prohibition under subsection (a), on a
22
case-by-case basis, if the Secretary determines that
23
the waiver is necessary—
24
(A) for the purpose of scientifically valid
25
research (as defined in section 102 of the Edu-
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1
cation Sciences Reform Act of 2002 (20 U.S.C.
2
9501));
3
(B) for the purpose of evaluation, training,
4
testing, or other analysis needed for national
5
security;
6
(C) for the purpose of conducting counter
7
terrorism, counterintelligence, or other oper-
8
ational military activities supporting national
9
security; or
10
(D) for the purpose of fulfilling mission
11
critical functions.
12
(2) MITIGATION OF RISKS.—If the Secretary of
13
Defense issues a waiver pursuant to paragraph (1),
14
the Secretary shall take such steps as the Secretary
15
considers necessary to mitigate any risks due to the
16
issuance of the waiver.
17
(c) DEFINITIONS.—In this section:
18
(1) The term ‘‘artificial intelligence’’ has the
19
meaning given such term in section 5002 of the Na-
20
tional Artificial Intelligence Initiative Act of 2020
21
(15 U.S.C. 9401) and includes the systems and
22
techniques described in paragraphs (1) through (5)
23
of section 238(g) of the John S. McCain National
24
Defense Authorization Act for Fiscal Year 2019
25
(Public Law 115–232; 10 U.S.C. 4061 note prec.).
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1
2
(2) The term ‘‘covered artificial intelligence’’
means—
3
(A) any artificial intelligence, or successor
4
artificial intelligence, developed by the Chinese
5
company DeepSeek; or
6
(B) any artificial intelligence, or successor
7
artificial intelligence, developed by High Flyer
8
or an entity owned by, funded by, or supported
9
by High Flyer or an entity with respect to
10
which High Flyer directly or indirectly owns at
11
least a 20 percent stake.
12
(3) The term ‘‘covered nation’’ has the meaning
13
given such term in section 4872 of title 10, United
14
States Code.
15
(4) The term ‘‘covered artificial intelligence
16
company’’ means an entity that produces or provides
17
artificial intelligence models or applications and—
18
(A) is included on—
19
(i) the Consolidated Screening List
20
maintained by the International Trade Ad-
21
ministration of the Department of Com-
22
merce; or
23
(ii) the civil-military fusion list main-
24
tained under section 1260H of the William
25
M. (Mac) Thornberry National Defense
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1
Authorization Act for Fiscal Year 2021
2
(Public Law 116–283; 10 U.S.C. 113
3
note);
4
(B) is domiciled in a covered nation; or
5
(C) is subject to unmitigated foreign own-
6
ership, control, or influence by a covered nation,
7
as determined by the Secretary of Defense in
8
accordance with the National Industrial Secu-
9
rity Program or any successor to such program.
10
SEC. 1533. ARTIFICIAL INTELLIGENCE MODEL ASSESSMENT
11
12
13
AND OVERSIGHT.
(a) CROSS-FUNCTIONAL TEAM FOR ARTIFICIAL INTELLIGENCE MODEL ASSESSMENT AND OVERSIGHT.—
14
(1) ESTABLISHMENT.—The Secretary of De-
15
fense shall, in accordance with section 911 of the
16
National Defense Authorization Act for Fiscal Year
17
2017 (Public Law 114–328; 10 U.S.C. 111 note),
18
establish a cross-functional team for artificial intel-
19
ligence model assessment and oversight (in this sec-
20
tion referred to as the ‘‘Cross-Functional Team’’).
21
(2) PURPOSE.—The Cross-Functional Team
22
shall develop a standardized assessment framework
23
and governance structure to facilitate the evaluation
24
of, collaboration on, and enablement of the rapid de-
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1
velopment or procurement of artificial intelligence
2
models employed by the Department of Defense.
3
(3) COMPOSITION.—
4
(A) LEADERSHIP.—The Chief Digital and
5
Artificial Intelligence Officer of the Department
6
of Defense shall be the head of the Cross-Func-
7
tional Team.
8
(B) MEMBERSHIP.—The Secretary of De-
9
fense shall ensure that the Cross-Functional
10
Team includes representatives from—
11
12
(i) the Office of the Chief Information
Officer of the Department of Defense;
13
(ii) the chief artificial intelligence offi-
14
cers of the military departments, or in the
15
absence of such position, the individual re-
16
sponsible for leading artificial intelligence
17
efforts within each military department;
18
19
(iii) the chief information officers of
the military departments;
20
(iv) the chief artificial intelligence of-
21
ficers of the combatant commands and the
22
Joint Staff, or in the absence of such posi-
23
tion, the individuals responsible for leading
24
artificial intelligence efforts within each
25
such command and the Joint Staff;
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1
(v) the chief information officers of
2
the combatant commands and the Joint
3
Staff, or in the absence of such position,
4
the individuals responsible for leading in-
5
formation technology efforts within each
6
such command and the Joint Staff;
7
(vi) the Under Secretary of Defense
8
for Research and Engineering;
9
(vii) the service acquisition executive
10
of each of the military departments; and
11
(viii) such other components as the
12
Secretary determines appropriate.
13
14
(4) DUTIES.—The Cross-Functional Team shall
do the following:
15
(A) Develop a standardized assessment
16
framework for artificial intelligence models cur-
17
rently used by the Department of Defense.
18
(B) Establish Department of Defense-wide
19
guidelines for evaluating future artificial intel-
20
ligence models being considered for use by the
21
Department.
22
(C) Develop governance structures for the
23
development, assessment, testing, and deploy-
24
ment of artificial intelligence models.
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1
(D) Identify appropriate assessment levels
2
for the performance of artificial intelligence
3
models based on ultimate use case-based risk.
4
(E) Establish mechanisms for collaboration
5
between components of the Department of De-
6
fense regarding the development, testing, as-
7
sessment, and deployment of artificial intel-
8
ligence models.
9
(F) Develop processes for the submission,
10
review, and approval of use cases for artificial
11
intelligence models against military and non-
12
military activities of the Department of De-
13
fense.
14
(5) FRAMEWORK CONTENT.—The standardized
15
assessment framework required by paragraph (2)
16
shall include—
17
18
19
20
21
22
(A) standards for the performance of artificial intelligence models;
(B) requirements for documentation of the
development artificial intelligence models;
(C) procedures for testing artificial intelligence models;
23
(D) compliance with ethical principles re-
24
garding the use of artificial intelligence models;
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1
(E) methodologies for assessing artificial
2
intelligence models and time periods for vali-
3
dating artificial intelligence models;
4
(F) security requirements and compliance
5
requirements, including the Federal Risk and
6
Authorization
7
lished under section 3608 of title 44, United
8
States Code;
Management
Program
estab-
9
(G) procedures for the Department of De-
10
fense to use assessments of artificial intelligence
11
models conducted by Executive agencies other
12
than the Department to fulfill requirements
13
under the framework; and
14
(H) such other elements as the Cross-
15
Functional Team determines appropriate.
16
(b) FUNCTIONAL LEADS FOR ARTIFICIAL INTEL-
17
LIGENCE APPLICATION.—
18
(1) DESIGNATION.—The Secretary of Defense
19
shall designate such organizations of the Depart-
20
ment of Defense as the Secretary considers appro-
21
priate to serve as functional leads for artificial intel-
22
ligence applications used by the Department.
23
(2)
SELECTION
CRITERIA.—In
designating
24
functional leads under paragraph (1), the Secretary
25
of Defense shall consider—
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1
(A) subject matter expertise;
2
(B) equities in the functional area; and
3
(C) capability to establish assessment
4
standards.
5
(3) CDAO RESPONSIBILITIES.—The Chief Dig-
6
ital and Artificial Intelligence Officer of the Depart-
7
ment of Defense shall—
8
(A) serve as the functional lead for busi-
9
ness systems of the Department of Defense
10
using artificial intelligence models; and
11
(B) provide Department-wide guidance on
12
commercial artificial intelligence models.
13
(c) ASSESSMENTS OF MAJOR ARTIFICIAL INTEL-
14
LIGENCE SYSTEMS.—The Secretary of Defense shall as-
15 sess all major artificial intelligence systems using the
16 standard assessment framework developed under sub17 section (a)(2).
18
(d) ADMINISTRATION.—
19
20
(1) IN GENERAL.—In carrying out this section,
the Secretary shall ensure the following:
21
(A) The Cross-Functional Team is estab-
22
lished in accordance with subsection (a) on or
23
before June 1, 2026.
24
(B) The functional leads for artificial intel-
25
ligence application are designated in accordance
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1
with subsection (b) on or before January 1,
2
2027.
3
(C) The Cross-Function Team completes
4
development of the standardized assessment
5
framework and governance structure required
6
by subsection (a)(2) on or before June 1, 2027.
7
(D) The assessment of major artificial in-
8
telligence systems required by subsection (c) is
9
completed on or before January 1, 2028.
10
(2) CONGRESSIONAL BRIEFING.—Not later than
11
30 days after the completion of an activity described
12
in subparagraphs (A) through (D) of paragraph (1),
13
the Secretary of Defense shall provide the congres-
14
sional defense committees a briefing on the status of
15
the Secretary in carrying out this section.
16
(e) SUNSET AND TRANSITION.—
17
18
(1)
SUNSET.—The
Cross-Functional
Team
shall terminate on December 31, 2030.
19
(2) TRANSITION.—Not later than June 30,
20
2030, the Secretary of Defense shall designate an
21
element of the Department of Defense to succeed
22
the Cross-Functional Team and develop a plan to
23
transfer the duties of the Cross-Functional Team
24
described in subsection (a)(4) to such successor ele-
25
ment.
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1
(3) REPORT ON ACTIVITIES OF SUCCESSOR OR-
2
GANIZATION.—Not
3
date on which the Cross-Functional Team is termi-
4
nated, and not less frequently than once each year
5
thereafter until the date that is three years after the
6
date on which the Cross-Functional Team is termi-
7
nated, the Secretary of Defense shall submit to the
8
congressional defense committees a report on the ac-
9
tivities of the element of the Department of Defense
10
to which the duties of the Cross-Functional Team
11
were transferred.
12
(f) DEFINITIONS.—In this section:
later than one year after the
13
(1) The term ‘‘artificial intelligence’’ has the
14
meaning given in section 238(g) of the John S.
15
McCain National Defense Authorization Act for Fis-
16
cal Year 2019 (Public Law 115–232; 10 U.S.C. note
17
prec. 4061).
18
(2) The term ‘‘functional area’’ refers to a spe-
19
cialized functional, operational, or subject-matter
20
area within the Department of Defense.
21
(3)(A) The term ‘‘major artificial intelligence
22
system’’ means an artificial intelligence system of
23
the Department of Defense that—
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1
(i) is integrated with, or materially af-
2
fects the operation of, an information sys-
3
tem that—
4
(I) is categorized as high-impact
5
under section 3554 of title 44, United
6
States Code; or
7
(II) if compromised, would have
8
a serious adverse effect on organiza-
9
tional operations, organizational as-
10
sets, or individuals;
11
(ii) is used by not fewer than 500
12
users of the Department annually; and
13
(iii) is employed in support of—
14
(I) military operations, training,
15
or planning activities; or
16
(II) functions of the Department,
17
including business operations, human
18
resources management, administrative
19
functions, or strategic planning activi-
20
ties.
21
(B) The term ‘‘major artificial intelligence
22
system’’ does not include an artificial intel-
23
ligence system used solely for research, develop-
24
ment, testing, or evaluation that has not been
25
deployed for operational use.
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(4) The terms ‘‘military department’’ and
2
‘‘service acquisition executive’’ have the meanings
3
given such terms, respectively, in section 101(a) of
4
title 10, United States Code.
5
SEC. 1534. DIGITAL SANDBOX ENVIRONMENTS FOR ARTIFI-
6
7
CIAL INTELLIGENCE.
(a) REQUIREMENT TO ESTABLISH.—Not later than
8 April 1, 2026, the Secretary of Defense shall, acting
9 through the Chief Digital and Artificial Intelligence Offi10 cer of the Department of Defense, establish a task force
11 on artificial intelligence sandbox environments (in this sec12 tion referred to as the ‘‘Task Force’’).
13
(b) PURPOSE.—The Task Force shall identify, co-
14 ordinate, and advance Department of Defense-wide efforts
15 to develop and deploy artificial intelligence sandbox envi16 ronments necessary to support artificial intelligence ex17 perimentation, training, familiarization, and development
18 across the Department of Defense. Such artificial intel19 ligence sandbox environments shall—
20
(1) be designed for use by personnel with vary-
21
ing levels of technical proficiency, from personnel
22
with little technical proficiency to personnel with ex-
23
pert technical proficiency;
24
25
(2) enable the building, training, evaluation,
and deployment of artificial intelligence models;
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1
2
(3) facilitate familiarity with and utilization of
existing artificial intelligence capabilities; and
3
(4) accelerate the responsible adoption of artifi-
4
cial intelligence across the Department.
5
(c) CHAIR.—The Task Force shall be chaired by the
6 Chief Digital and Artificial Intelligence Officer of the De7 partment of Defense.
8
(d) COMPOSITION.—The Task Force shall be com-
9 posed of—
10
11
(1) the Chief Information Officer of the Department of Defense;
12
(2) the chief artificial intelligence officers of the
13
military departments, or in the absence of such posi-
14
tion, the individual responsible for leading artificial
15
intelligence efforts within each military department;
16
(3) the chief information officers of the military
17
departments;
18
(4) the chief artificial intelligence officers of the
19
combatant commands and joint staff, or in the ab-
20
sence of such position, the individual responsible for
21
leading artificial intelligence efforts within each com-
22
batant command;
23
(5) the chief information officers of the combat-
24
ant commands, and joint staff, or in the absence of
25
such position, the individual responsible for leading
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information technology efforts within each combat-
2
ant command;
3
(6) the Directors for Command, Control, Com-
4
munications, and Computers/Cyber of the combatant
5
commands, or their designees;
6
(7) the Director for Command, Control, Com-
7
munications, and Computers/Cyber of the Joint
8
Staff, or their designee; and
9
(8) such other officials of the Department of
10
Defense as the chair of the Task Force consider ap-
11
propriate.
12
(e) FUNCTIONS.—The Task Force shall—
13
(1) identify and consolidate common require-
14
ments with respect to artificial intelligence sandbox
15
environments across the Department of Defense, in-
16
cluding requirements relating to interfaces for users
17
with varying technical proficiency, computational re-
18
sources and infrastructure, pre-trained models and
19
datasets, and educational and training materials;
20
(2) identify, inventory, and ensure the avail-
21
ability of existing solutions and technical documenta-
22
tion and repositories for applicable artificial intel-
23
ligence sandbox environments, including machine-
24
readable documents, reference architectures, and
25
user guides;
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(3) develop and make available to users of arti-
2
ficial intelligence sandbox environments in the De-
3
partment an analysis matching common require-
4
ments identified under paragraph (1) with existing
5
solutions identified under paragraph (2);
6
(4) use existing mechanisms of the Department
7
to achieve efficiencies in costs and productivity
8
through enterprise licenses and contracts;
9
(5) identify and, where possible, streamline au-
10
thority to operate approvals for each element of
11
common artificial intelligence sandbox environment
12
architectures; and
13
(6) make available to the users described in
14
paragraph (3) guidance on the appropriate use of
15
artificial intelligence sandbox environments of the
16
Department for users at all levels of technical pro-
17
ficiency.
18
(f) BRIEFING.—Not later than August 1, 2026, the
19 chair of the Task Force shall provide to the congressional
20 defense committees a briefing on the goals and objectives
21 of the Task Force.
22
(g) TERMINATION.—The Task Force shall terminate
23 on January 1, 2030.
24
(h) DEFINITIONS.—In this section:
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(1) The term ‘‘artificial intelligence’’ has the
2
meaning given such term in section 238(g) of the
3
John S. McCain National Defense Authorization Act
4
for Fiscal Year 2019 (Public Law 115–232; 10
5
U.S.C. note prec. 4061).
6
(2) The term ‘‘artificial intelligence sandbox en-
7
vironment’’ means a secure, isolated computing envi-
8
ronment that enables users with varying levels of
9
technical proficiency to access artificial intelligence
10
tools, models, and capabilities for the purposes of ex-
11
perimentation, training, testing, and development
12
without affecting operational systems or requiring
13
specialized technical knowledge to operate.
14
(3) The term ‘‘authority to operate’’ means the
15
official management decision given by a senior orga-
16
nizational official to authorize operation of an infor-
17
mation system and to explicitly accept the risk to or-
18
ganizational operations and assets, individuals, other
19
organizations, and the United States based on the
20
implementation of an agreed-upon set of security
21
controls, as defined in Committee on National Secu-
22
rity Systems Instruction 4009, or successor docu-
23
ment.
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(4) The term ‘‘military department’’ has the
2
meaning given such term in section 101(a) of title
3
10, United States Code.
4
SEC. 1535. ARTIFICIAL INTELLIGENCE FUTURES STEERING
5
6
COMMITTEE.
(a) ESTABLISHMENT.—
7
(1) IN
GENERAL.—Not
later than April 1,
8
2026, the Secretary of Defense shall establish a
9
steering committee on advanced artificial intelligence
10
capabilities.
11
(2) DESIGNATION.—The steering committee es-
12
tablished pursuant to paragraph (1) shall be known
13
as the ‘‘Artificial Intelligence Futures Steering Com-
14
mittee’’ (in this section the ‘‘Steering Committee’’).
15
(b) MEMBERSHIP.—The Steering Committee shall be
16 composed of the following:
17
(1) The Deputy Secretary of Defense.
18
(2) The Vice Chairman of the Joint Chiefs of
19
Staff.
20
(3) The Vice Chief of Staff of the Army.
21
(4) The Vice Chief of Staff of Naval Oper-
22
ations.
23
24
(5) The Assistant Commandant of the Marine
Corps.
25
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(7) The Vice Chief of Space Operations.
2
(8) The Vice Chief of the National Guard Bu-
3
reau.
4
5
(9) The Under Secretary of Defense for Acquisition and Sustainment.
6
7
(10) The Under Secretary of Defense for Research and Engineering.
8
9
(11) The Under Secretary of Defense for Intelligence and Security.
10
11
(12) The Under Secretary of Defense (Comptroller)/Chief Financial Officer.
12
13
(13) Such representatives from the military departments as the Secretary considers appropriate.
14
15
(14) The Chief Digital and Artificial Intelligence Officer of the Department of Defense.
16
(15) Representatives of such innovation centers
17
within the defense innovation ecosystem as the Sec-
18
retary of Defense determines appropriate.
19
(16) Representatives of such other organiza-
20
tions and elements of the Department of Defense as
21
the Secretary determines appropriate.
22
(c) CO-CHAIRPERSONS.—The Deputy Secretary of
23 Defense and the Vice Chairman of the Joint Chiefs of
24 Staff shall serve as the co-chairs of the Steering Com25 mittee.
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(d) RESPONSIBILITIES.—The Steering Committee
2 shall be responsible for—
3
(1) formulating a proactive policy for the eval-
4
uation, adoption, governance, and risk mitigation of
5
advanced artificial intelligence systems by the De-
6
partment of Defense that are more advanced than
7
any existing advanced artificial intelligence systems,
8
including advanced artificial intelligence systems
9
that approach or achieve artificial general intel-
10
ligence;
11
(2) analyzing the forecasted trajectory of ad-
12
vanced and emerging artificial intelligence models
13
and enabling technologies across multiple time hori-
14
zons that could enable artificial general intelligence,
15
including—
16
(A) current and emerging artificial intel-
17
ligence models, including frontier and world
18
models;
19
(B) agentic algorithms;
20
(C) neuromorphic computing;
21
(D) cognitive science applications for the
22
development of artificial intelligence algorithms
23
or models;
24
(E) infrastructure needs for infrastructure
25
required to support the deployment of new or
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1
emerging artificial intelligence systems at a
2
scale projected necessary for future capacity;
3
(F) new or emerging microelectronics de-
4
signs or architectures; and
5
(G) such other technologies as the Steering
6
Committee determines appropriate;
7
(3) assess the possible technological, oper-
8
ational, and doctrinal trajectories of adversaries of
9
the United States with respect to the uses of artifi-
10
cial intelligence capabilities by such adversaries
11
across various time horizons, including any pursuit
12
or development by such adversaries of artificial gen-
13
eral intelligence;
14
(4) analyzing the potential operational effects of
15
integrating advanced or general purpose artificial in-
16
telligence into networks and systems of the Depart-
17
ment of Defense from a technical, doctrinal, train-
18
ing, and resourcing perspective to better understand
19
and assess how use of such networks and systems by
20
the Department of Defense may affect future com-
21
manders of operational commands;
22
(5) developing a strategy for the risk-informed
23
adoption, governance, and oversight of advanced or
24
general purpose artificial intelligence by the Depart-
25
ment, including—
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1
(A) articulation of ethical, policy, and tech-
2
nical guardrails to maintain, to the extent prac-
3
tical, appropriate human decision making in
4
and prevent the misuse of such advanced or
5
general purpose artificial intelligence;
6
(B) an assessment of potential effects on
7
commanders of operational commands, includ-
8
ing effects related to maintaining oversight of
9
mission command when using artificial intel-
10
ligence and the capability for humans to over-
11
ride artificial intelligence through technical, pol-
12
icy, or other operational controls;
13
(C) broad resource requirements for artifi-
14
cial intelligence, including funding, personnel,
15
and infrastructure; and
16
(D) measurable goals to support Depart-
17
ment-level decision making on resourcing, pro-
18
gramming and budgeting; and
19
(6) analyzing the threat landscape associated
20
with the use of advanced artificial intelligence, in-
21
cluding artificial general intelligence, by adversaries
22
of the United States and developing options and
23
counter-artificial intelligence strategies to defend
24
against such use.
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1
(e) MEETING FREQUENCY.—The Steering Com-
2 mittee shall meet not less frequently than once every three
3 months.
4
(f) REPORT.—
5
(1) IN GENERAL.—Not later than January 31,
6
2027, the Deputy Secretary of Defense shall submit
7
to the congressional defense committees a report on
8
the findings of the Steering Committee with respect
9
to the matters described in subsection (d).
10
(2) FORM OF REPORT.—The report submitted
11
pursuant to paragraph (1) shall be submitted in un-
12
classified form, but may include a classified annex.
13
(3) PUBLIC AVAILABILITY.—The Deputy Sec-
14
retary of Defense shall make available to the public
15
the unclassified portion of the report submitted pur-
16
suant to paragraph (1).
17
(g) SUNSET.—The requirements and authorities of
18 this section shall terminate on December 31, 2027.
19
(h) DEFINITIONS.—In this section:
20
(1) The term ‘‘artificial intelligence’’ has the
21
meaning given such term in 238(g) of the John S.
22
McCain National Defense Authorization Act for Fis-
23
cal Year 2019 (Public Law 115–232; 10 U.S.C. note
24
prec. 4061).
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1
(2) The term ‘‘innovation ecosystem’’ means a
2
regionally based network of private sector, academic,
3
and government institutions in a network of formal
4
and informal institutional relationships that con-
5
tribute to technological and economic development in
6
a defined technology sector or sectors.
7
8
Subtitle E—Reports and Other
Matters
9
SEC. 1541. MODIFICATION TO CERTIFICATION REQUIRE-
10
MENT REGARDING CONTRACTING FOR MILI-
11
TARY RECRUITING.
12
Section 1555 of the National Defense Authorization
13 Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
14 503 note) is amended—
15
(1) in subsection (a), by striking ‘‘does not’’
16
and all that follows through the end and inserting
17
the following: ‘‘does not—
18
19
‘‘(1) rate or rank news or information sources
for the factual accuracy of their content;
20
‘‘(2) provide ratings or opinions on news or in
21
formation sources regarding misinformation, bias,
22
adherence to journalistic standards, or ethics; or
23
‘‘(3) acquire or use any service that provides
24
any ratings, rankings, or opinions described in para-
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1
graph (1) or (2) from any other person for military
2
recruiting contracts.’’;
3
4
(2) by striking subsection (b) and redesignating
subsection (c) as subsection (b); and
5
(3) in subsection (c), as so redesignated, by
6
striking ‘‘the date’’ and all that follows through the
7
period at the end and inserting ‘‘December 31,
8
2030.’’.
9
SEC. 1542. AMENDMENT TO ANNUAL ASSESSMENTS AND RE-
10
PORTS ON ASSIGNMENT OF CERTAIN BUDG-
11
ET
12
MANDER OF THE UNITED STATES CYBER
13
COMMAND.
14
CONTROL
RESPONSIBILITY
TO
COM-
Section 1558 of the James M. Inhofe National De-
15 fense Authorization Act for Fiscal Year 2023 (Public Law
16 117–263; 136 Stat. 2925) is amended—
17
18
19
20
21
(1) in subsection (a)(2)—
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G)
the following new subparagraph (H):
22
‘‘(H) A review of investments in artificial
23
intelligence capabilities, including an assess-
24
ment of the alignment of such investments with
25
the milestones of the roadmap required by sec-
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1
tion 1554(a) and the current and planned uses
2
of such capabilities by the Department of De-
3
fense.’’; and
4
(2) in subsection (b)—
5
(A) by striking ‘‘2028’’ and inserting
6
‘‘2030’’; and
7
(B) by inserting ‘‘and briefing’’ after ‘‘a
8
9
report’’.
SEC. 1543. STUDY ON REDUCING INCENTIVES FOR CYBER
10
ATTACKS
11
STRUCTURE OF THE UNITED STATES.
12
(a) IN GENERAL.—The Secretary of Defense, acting
ON
DEFENSE
CRITICAL
INFRA-
13 through the Under Secretary of Defense for Policy and
14 the Chairman of the Joint Chiefs of Staff and in consulta15 tion with appropriate Federal entities, shall conduct a
16 study on the use of military capabilities to increase the
17 costs of, and consequently reduce the incentives of adver18 saries for, targeting defense critical infrastructure in
19 cyberspace.
20
(b) STUDY REQUIREMENTS.—The study required by
21 subsection (a) shall include the following:
22
(1) An assessment of the cyber capabilities and
23
intent of adversaries regarding attacks against de-
24
fense critical infrastructure.
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1
(2) An identification of the cyber capabilities of
2
adversaries upon which the use of military capabili-
3
ties considered by such study would seek to impose
4
costs.
5
(3) A classification and prioritization of objec-
6
tives that are relevant to the military to impose
7
costs.
8
(4) An assessment of the capabilities of and in-
9
vestments by the Department of Defense that would
10
be required to create desired effects against the ob-
11
jectives described in paragraph (3).
12
(5) An evaluation of the roles and relative effec-
13
tiveness of military capabilities, including offensive
14
cyber operations, both independent and integrated
15
with other military capabilities and non-cyber meas-
16
ures, in credibly and in a scalable manner reducing
17
the incentives of, by increasing the costs to, adver-
18
saries to target defense critical infrastructure in
19
cyberspace.
20
(6) An evaluation of methodologies specific to
21
cyber for selectively revealing or concealing cyber
22
and non-cyber military capabilities while preserving
23
operational security.
24
(7) The feasibility, advisability, and potential
25
uses of the integrating capabilities of Federal agen-
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1
cies other than the Department of Defense, allies
2
and partners of the United States, industry, and
3
academia with the capabilities of the Department in
4
efforts to increase the costs to adversaries to, and
5
consequently reduce the incentives of adversaries, to
6
target defense critical infrastructure in cyberspace.
7
(8) An assessment of the policies and authori-
8
ties in effect with respect to threatening the assets,
9
forces, or capabilities of adversaries and enabling
10
scalable and tailored response options to cyber at-
11
tacks or preposturing for future attacks on defense
12
critical infrastructure.
13
(c) BRIEFING AND REPORT.—Not later than Decem-
14 ber 1, 2026, the Secretary of Defense shall—
15
(1) provide to the congressional defense com-
16
mittees a briefing on the findings of the study re-
17
quired by subsection (a); and
18
(2) submit to the congressional defense commit-
19
tees a report on the findings of such study.
20
(d) DEFINITIONS.—In this section:
21
(1) The term ‘‘defense critical infrastructure’’
22
has the meaning given the term ‘‘critical infrastruc-
23
ture of the Department of Defense’’ in section
24
1650(e) of the National Defense Authorization Act
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1
for Fiscal Year 2017 (Public Law 114–328; 10
2
U.S.C. 2224 note).
3
(2) The term ‘‘impose costs’’ means actions
4
taken against an adversary of the United States that
5
result in economic, diplomatic, informational, or
6
military consequences that are sufficiently signifi-
7
cant to change the behavior or assessment of such
8
adversary regarding cyberspace operations against
9
the United States.
10
SEC. 1544. INTEGRATION OF RESERVE COMPONENT INTO
11
CYBER MISSION FORCE.
12
(a) STUDY ON FORCE PRESENTATION, FORCE GEN-
13
ERATION, AND FORCE EMPLOYMENT OF THE RESERVE
14 COMPONENT INTO THE CYBER MISSION FORCE.—
15
(1) STUDY REQUIRED.—Not later than October
16
1, 2026, the Secretary of Defense shall carry out a
17
study on the appropriate framework for structuring
18
and organizing, including training and preparing,
19
the reserve component personnel and units to be em-
20
ployed within the Cyber Mission Force for cyber-
21
space operations.
22
23
(2) ELEMENTS.—The study required under
paragraph (1) shall include the following:
24
(A) An analysis of the types of cyberspace
25
operations and missions of the Cyber Mission
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1
Force that will maximize the use of the exper-
2
tise, unique authorities, local industry expertise,
3
and academic partnerships of reserve compo-
4
nents, including methods to identify skills and
5
competencies relevant to carrying out such op-
6
erations and types of missions that are devel-
7
oped through civilian career experience and that
8
are not part of primary military occupational
9
specialties.
10
(B) An evaluation of optimal structures
11
and organizations for integrating reserve com-
12
ponent personnel and units into operational em-
13
ployment of cyber capabilities within the Cyber
14
Mission Force, including consideration of oper-
15
ational models under which reserve component
16
personnel are activated on an individual basis to
17
perform cyber operations rather than activation
18
on a unit basis.
19
(C) An identification of the billets, re-
20
sources, and support infrastructure needed to
21
satisfy the structures and organizations evalu-
22
ated under subparagraph (B).
23
(D) An explanation of the skills and train-
24
ing required to employ reserve component per-
25
sonnel in the organizations or structures evalu-
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1
ated under subparagraph (B), how the Secre-
2
taries of the military departments and Com-
3
mander of the United States Cyber Command
4
will conduct such training, including methods to
5
leverage unique skills possessed by reserve com-
6
ponent personnel through civilian career experi-
7
ence, and how the Commander will evaluate and
8
assure parity in force capabilities between re-
9
serve component and active component cyber
10
forces.
11
(E) An evaluation of the existing barriers
12
to integrating reserve components into the
13
Cyber Mission Force in support of cyberspace
14
operations and an assessment of options to
15
mitigate such barriers, including recommended
16
policies or legislation with respect to para-
17
graphs (A) through (D).
18
(F) Such other matters as the Secretary of
19
20
Defense considers appropriate.
(b) REPORT.—Not later than 30 days after the date
21 on which the Secretary of Defense completes the study re22 quired by subsection (a), the Secretary of Defense shall
23 provide to the congressional defense committees a report
24 on the findings of such study, including elements under
25 paragraph (2) of such subsection and any recommenda-
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1 tions on the organization or structure of reserve compo2 nent personnel and units resulting from such study.
3
SEC. 1545. ANNUAL REPORT ON MISSION ASSURANCE CO-
4
ORDINATION BOARD ACTIVITIES.
5
(a) ANNUAL REPORT REQUIRED.—Not later than
6 December 1, 2026, and annually thereafter until Decem7 ber 1, 2031, the co-chairs of the Mission Assurance Co8 ordination Board shall jointly provide to the congressional
9 defense committees a report on the activities of the Board
10 during the one-year period preceding the submission of the
11 report.
12
(b) REPORT ELEMENTS.—Each annual report re-
13 quired by subsection (a) shall include the following:
14
(1) An identification of each covered assessment
15
conducted during the period covered the report, in-
16
cluding the entity conducting the assessment and
17
key findings of the assessment.
18
(2) A detailed explanation of each covered as-
19
sessments described in paragraph (1) resulting in
20
the identification of risks categorized as high or sig-
21
nificant, including recommendations for measures to
22
mitigate such risks and an explanation of the re-
23
sources required to implement such measures.
24
(3) An identification of any cybersecurity risks
25
affecting multiple systems or organizations of the
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1
Department of Defense identified by a covered as-
2
sessment described in paragraph (1).
3
(4) An assessment of the cybersecurity posture
4
of the operational technology, industrial control sys-
5
tems, and base infrastructure of the Department of
6
Defense, including an identification of vulnerabilities
7
in legacy systems of the Department and the integ-
8
rity of the segmentation of the network of the De-
9
partment, and any associated recommended activi-
10
ties to remediate cybersecurity risks identified by
11
such assessment.
12
(5) A description of the status of the cyber re-
13
silience and recovery capabilities of the Department
14
of Defense for physical infrastructure systems and
15
the dependencies of such systems, including an as-
16
sessment of the power generation and distribution
17
systems, water treatment facilities, HVAC controls,
18
and physical security systems of the Department,
19
and any associated recommended activities to reme-
20
diate cybersecurity and physical security risk identi-
21
fied by a covered assessment described in paragraph
22
(1).
23
(6) Independent input from the commanders of
24
military installation on the potential effects on readi-
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1
ness of any vulnerabilities identified pursuant para-
2
graphs (1), (2). or (3).
3
(7) Recommendations for incorporating rec-
4
ommendations identified in paragraph (5) for efforts
5
to mitigate any identified cybersecurity risks identi-
6
fied under paragraph (3) into ongoing exercises of
7
the Department of Defense to support remediation
8
of any such cybersecurity risks.
9
(8) A method of tracking the progress of the
10
Department of Defense in closing any risks identi-
11
fied in an assessment identified under paragraph (1)
12
that are categorized as high or significant across the
13
period of the most recent future-years defense pro-
14
gram submitted to Congress under section 221 of
15
title 10, United States Code, including the use of
16
visualization tools or dashboard.
17
(9) Any recommendations for changes to crit-
18
ical nodes or assets identified pursuant to an assess-
19
ment identified under paragraph (1), or changes to
20
the risk level or priority of such nodes or assets.
21
(c) DEFINITIONS.—In this section—
22
(1) the term ‘‘covered assessment’’ means an
23
assessment required by, and reviewed by the Board
24
pursuant to, Department of Defense Instruction
25
3020.45 (or any successor instruction); and
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1
(2) the terms ‘‘Board’’ and ‘‘Mission Assurance
2
Coordination Board’’ mean the Mission Assurance
3
Coordination Board established pursuant to Depart-
4
ment of Defense Instruction 3020.45 (or any suc-
5
cessor instruction), or any successor organization.
6
SEC. 1546. LIMITATION ON THE DIVESTMENT, CONSOLIDA-
7
TION, AND CURTAILMENT OF CERTAIN ELEC-
8
TRONIC WARFARE TEST AND EVALUATION
9
ACTIVITIES.
10
(a) PROHIBITION.—The Secretary of the Army shall
11 not take any action to divest, consolidate, or curtail any
12 electronic warfare test and evaluation activities that were
13 part of an Army element of the Major Range and Test
14 Facility Base on or before the date of the enactment of
15 this Act until the Secretary submits to the congressional
16 defense committees the report described in subsection (b).
17
(b) REPORT.—The report described in this subsection
18 is a report on a decision of the Secretary to divest, consoli19 date, or curtail an electronic warfare test or evaluation
20 activity described in subsection (a) that contains the fol21 lowing:
22
(1) A description of the analytic basis used by
23
the Secretary for making the decision, including
24
matters relating to any cost, workload, and work-
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1
force requirements, as well as any analysis relating
2
to operational impact on users of the activities.
3
(2) The findings from an independent review by
4
the Director of the Office of Cost Assessment and
5
Program Evaluation of all analyses described in
6
paragraph (1).
7
(3) A certification by the Director of the Test
8
Resource Management Center that the analyses de-
9
scribed in paragraph (1) and the decision of the Sec-
10
retary meet the requirement of the Department of
11
Defense, as required by section 4173(c)(1)(B) of
12
title 10, United States Code.
TITLE XVI—SPACE ACTIVITIES,
14
STRATEGIC PROGRAMS, AND
15
INTELLIGENCE MATTERS
13
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Acquisition career path in the Space Force.
Sec. 1602. Noise mitigation regarding space launches.
Sec. 1603. Acquisition and operation of space systems for space warfighting
and control.
Sec. 1604. Use of middle tier acquisition program for proliferated warfighter
space architecture of Space Development Agency.
Sec. 1605. Rocket cargo test and demonstration.
Sec. 1606. Continuation of operation of Defense Meteorological Satellite Program.
Sec. 1607. Study on establishing a tactical surveillance, reconnaissance, and
tracking program of record.
Sec. 1608. Spaceport of the Future initiative and study on future space launch
capacity.
Sec. 1609. Auxiliary payload for Next Generation Polar Overhead Persistent
Infrared satellites.
Sec. 1610. Blast damage assessment guide for space vehicles at Air Force
launch complexes.
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Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Vendor support to clandestine activities.
Sec. 1622. Sensitive activities of the Department of Defense.
Sec. 1623. Codification of Department of Defense insider threat program.
Sec. 1624. Provision by Air Force of meteorological services for intelligence
community.
Sec. 1625. Annual report on requests of combatant commands for remote sensing data.
Sec. 1626. Review and evaluation of extension of inactive security clearances.
Subtitle C—Nuclear Forces
Sec. 1631. Adjustment to responsibilities of Nuclear Weapons Council.
Sec. 1632. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1633. Matters relating to the nuclear-armed, sea-launched cruise missile.
Sec. 1634. Adjustment to bomber aircraft nuclear certification requirement.
Sec. 1635. Organizational realignment with respect to Office of the Assistant
Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs; limitation on availability
of certain funds.
Sec. 1636. Matters relating to intercontinental ballistic missiles of the United
States.
Sec. 1637. Deep cleaning of launch control centers of the Air Force Global
Strike Command.
Sec. 1638. Limitation on availability of funds pending notification of tasking
authority delegation.
Sec. 1639. Limitation on availability of funds pending commencement of annual
briefings on implementation of recommendations by the Congressional Commission on the Strategic Posture of the United
States.
Sec. 1640. Limitation on availability of funds for compensation caps.
Sec. 1641. Strategy to sustain Minuteman III intercontinental ballistic missile
and maximize end-of-life margin.
Sec. 1642. Matters relating to Air Force Global Strike Command.
Subtitle D—Missile Defense Programs
Sec. 1651. Modification to national missile defense policy to reflect Golden
Dome for America policy.
Sec. 1652. Golden Dome missile defense system.
Sec. 1653. Amendments to technical authority of Director of Missile Defense
Agency regarding integrated air and missile defense activities
and programs.
Sec. 1654. Prohibition on privatized or subscription-based missile defense intercept capabilities.
Sec. 1655. Matters related to integrated air and missile defense capabilities to
defend Guam.
Sec. 1656. Design and construction of missile instrumentation range safety vessels.
Sec. 1657. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1658. Limitation on authority to reduce sustainment for or halt operation
of the AN/FPS–108 COBRA DANE radar.
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Sec. 1659. Limitation on availability of funds pending independent analysis of
space-based missile defense capability.
Sec. 1660. Assessment of the Ronald Reagan Ballistic Missile Defense Test
Site.
Sec. 1661. Biennial assessments of the Ronald Reagan Ballistic Missile Defense
Test Site.
Subtitle E—Matters Relating to Unidentified Anomalous Phenomena
Sec. 1671. Briefings on intercepts of unidentified anomalous phenomena by
North American Aerospace Defense Command and United
States Northern Command.
Sec. 1672. Elimination of duplicative reporting requirements relating to unidentified anomalous phenomena.
Sec. 1673. Accounting of security classification guides relating to unidentified
anomalous phenomena.
Subtitle F—Matters Relating to Electromagnetic Warfare
Sec. 1681. Modification of functions of Electromagnetic Spectrum Enterprise
Operational Lead for Joint Electromagnetic Spectrum Operations to include dynamic spectrum sharing technologies.
Sec. 1682. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises.
Sec. 1683. Annual review of the Joint Electromagnetic Battle Management
Software Program.
Sec. 1684. Support by the 350th Spectrum Warfare Wing to EA–37B Compass
Call aircraft.
Subtitle G—Other Matters
Sec. 1691. Cooperative threat reduction funds.
Sec. 1692. Prohibition on access to Department of Defense cloud-based resources by certain individuals.
1
Subtitle A—Space Activities
2
SEC. 1601. ACQUISITION CAREER PATH IN THE SPACE
3
4
5
FORCE.
(a) ASSIGNMENT AFTER INITIAL OFFICER TRAINING.—Chapter
908 of title 10, United States Code, is
6 amended by adding at the end the following new section:
7 ‘‘§ 9088. Duty assignments after officer training
8
9
course
‘‘(a) REQUIREMENT.—The Secretary of the Air Force
10 shall ensure that members of the Space Force who comg:\VHLC\120725\120725.005.xml
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1 plete an initial Space Force officer training course are as2 signed—
3
‘‘(1) in a manner that sustains acquisition billet
4
manning levels comparably to operational billet man-
5
ning levels; and
6
‘‘(2) to Space Force billets allocated to the Na-
7
tional Reconnaissance Office at a manning level that
8
is sufficient to maintain effective operation of the
9
National Reconnaissance Office.
10
‘‘(b) REPORT.—Not later than 60 days after the date
11 of the enactment of the National Defense Authorization
12 Act for Fiscal Year 2026, and not later than October 31
13 of each year through 2030, the Secretary of the Air Force
14 shall submit to the Committees on Armed Forces of the
15 Senate and the House of Representatives a report describ16 ing—
17
‘‘(1) the number and percentage of authorized
18
and assigned Space Force officer billets, by grade
19
and year group, within—
20
‘‘(A) acquisition career fields; and
21
‘‘(B) operational career fields;
22
‘‘(2) the manning rate for junior officer billets
23
of the Space Force, disaggregated by career field
24
and organization, including the National Reconnais-
25
sance Office;
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1
‘‘(3) any identified shortfalls or imbalances in
2
acquisition manning relative to operational manning
3
in the Space Force; and
4
‘‘(4) actions taken or planned to achieve and
5
sustain comparable manning levels for billets in ac-
6
quisition and operations for Space Force officers.’’.
7
(b) PROGRAM EXECUTIVE OFFICER FOR ASSURED
8 ACCESS.—Such chapter 908 is further amended by adding
9 at the end the following new section:
10 ‘‘§ 9089. Program Executive Officer for Assured Ac11
12
cess to Space
‘‘(a) ESTABLISHMENT.—(1) There is a Program Ex-
13 ecutive Officer for Assured Access to Space within the
14 Space Force.
15
‘‘(2) The Program Executive Officer for Assured Ac-
16 cess to Space shall serve a term of four years.
17
‘‘(b) GRADE.—The Program Executive Officer for
18 Assured Access to Space, while so serving, shall have the
19 grade of brigadier general, major general, lieutenant gen20 eral, or general.
21
‘‘(c) ADDITIONAL DUTIES.—The Program Executive
22 Officer for Assured Access to Space, while serving as the
23 Program Executive Officer, shall also serve as the Com24 mander of Space Launch Delta 45.’’.
25
(c) TRAINING REQUIREMENTS.—
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1
(1) IN GENERAL.—Chapter 951 of title 10,
2
United States Code, is amended by adding at the
3
end the following new section:
4 ‘‘§ 9421. Space Force officer training course require5
ments
6
‘‘The Secretary of the Air Force shall ensure that—
7
‘‘(1) the initial Space Force officer training
8
course provides foundational instruction in acquisi-
9
tion management, space mission integration, and re-
10
lated disciplines; and
11
‘‘(2) the curriculum for such course is devel-
12
oped by the Commander of Space Training and
13
Readiness Command, in coordination with the As-
14
sistant Secretary of the Air Force for Space Acquisi-
15
tion and Integration and the Director of Acquisition
16
Career Management.’’.
17
(2) BRIEFINGS.—Not later than 60 days after
18
the date of enactment of this Act, and quarterly
19
thereafter until the completion of the implementa-
20
tion of section 9421 of title 10, United States Code,
21
as added by paragraph (1), the Secretary of the Air
22
Force shall brief the Committees on Armed Services
23
of the House of Representatives and the Senate on
24
the status of the implementation of such section, in-
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1
cluding the development of the curriculum required
2
by such section.
3
(d) PROMOTION REQUIREMENTS.—
4
(1) REGULATIONS REQUIRED.—Subchapter III
5
of chapter 2005 of title 10, United States Code, is
6
amended by adding at the end the following new sec-
7
tion:
8 ‘‘§ 20244. Eligibility for consideration for promotion:
9
10
duty assignments
‘‘(a) REGULATIONS.—The Secretary of the Air Force
11 shall prescribe regulations to ensure that an officer on the
12 Space Force officer list is not considered for promotion
13 to the grade of brigadier general unless the officer has
14 completed—
15
‘‘(1) a duty assignment with a command or
16
other organization that has responsibility for acqui-
17
sition matters; and
18
‘‘(2) a duty assignment with a command or
19
other organization that has responsibility for oper-
20
ations.
21
‘‘(b) IMPLEMENTATION DATE.—(1) The Secretary of
22 the Air Force shall prescribe the regulations required
23 under subsection (a) not later than one year after the date
24 of the enactment of the National Defense Authorization
25 Act for Fiscal Year 2026; and
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1
‘‘(2) The regulations required under subsection (a)
2 shall apply to officers considered for promotion to briga3 dier general on or after January 1, 2035.’’.
4
(2) REPORT.—Not later than one year after the
5
date of the enactment of this Act, the Secretary of
6
the Air Force shall submit to the Committees on
7
Armed Services of the Senate and the House of Rep-
8
resentatives a report containing the regulations re-
9
quired under section 20244(a) of title 10, United
10
States Code, as added by paragraph (1) of this sub-
11
section.
12
(e) REPORTS.—Part I of subtitle F of title 10, United
13 States Code, is amended by adding at the end the fol14 lowing new chapter:
‘‘CHAPTER 2015—REPORTS
15
‘‘Sec.
‘‘20701. Promotion rates.
‘‘20702. Modifications to career fields and codes.
16 ‘‘§ 20701. Promotion rates
17
‘‘Not later than December 31 of each year, the Sec-
18 retary of the Air Force shall submit to the Committees
19 on Armed Forces of the Senate and the House of Rep20 resentatives a report on the promotion rates of members
21 of the Space Force for the preceding fiscal year. Such re22 port shall include—
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1
‘‘(1) the number of and percentage of members
2
of the Space Force in each grade selected for pro-
3
motion;
4
‘‘(2) the number of and percentage of members
5
of the Space Force in each career specialty track se-
6
lected for promotion; and
7
‘‘(3) the number of members of the Space
8
Force who were selected for promotion to the grade
9
of brigadier general, major general, lieutenant gen-
10
eral, or general, disaggregated by career specialty
11
track.
12 ‘‘§ 20702. Modifications to career fields and codes
13
‘‘Not later than 60 days before the date on which
14 a change is made to the career fields or mission occupa15 tional specialty codes for the Space Force, the Secretary
16 of the Air Force shall submit to the Committees on Armed
17 Forces of the Senate and the House of Representatives
18 a report that includes—
19
‘‘(1) a description of the changes intended to be
20
made to such career fields or mission occupational
21
specialty codes; and
22
‘‘(2) the plan of the Secretary to maintain the
23
Space Force competencies and comply with require-
24
ments in law with respect to Space Force career
25
fields and duty assignments.’’.
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1
SEC.
1602.
2
3
NOISE
MITIGATION
REGARDING
SPACE
LAUNCHES.
Section 2276a of title 10, United States Code, is
4 amended—
5
6
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
7
(2) by inserting after subsection (b) the fol-
8
lowing new subsection:
9
‘‘(c) NOISE MITIGATION AT SPACE FORCE LAUNCH
10 SITES.—In providing space launch support services to a
11 commercial entity, the Secretary of the Air Force shall co12 ordinate with the entity to—
13
14
‘‘(1) study the noise caused by launches at
launch sites of the Space Force; and
15
‘‘(2) identify potential technologies and proce-
16
dures to mitigate such noise to the extent prac-
17
ticable.’’.
18
SEC. 1603. ACQUISITION AND OPERATION OF SPACE SYS-
19
TEMS FOR SPACE WARFIGHTING AND CON-
20
TROL.
21
Chapter 135 of title 10, United States Code, is
22 amended by inserting after section 2275c the following
23 new section:
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1 ‘‘§ 2275d. Acquisition and operation of space systems
2
for space warfighting and control
3
‘‘(a) REQUIREMENT.—The Secretary of Defense shall
4 acquire and operate space systems to be used primarily
5 for space warfighting and control to meet the require6 ments specified by one or more combatant commanders
7 in carrying out the responsibilities set forth in section 164
8 of this title.
9
‘‘(b) ROLE OF COMMERCIAL SPACE SYSTEMS.—The
10 Secretary may use one or more commercial space systems
11 to augment the space systems acquired and operated
12 under subsection (a) if such commercial space systems are
13 under the direction of a member of the armed forces with
14 responsibility for space warfighting and control oper15 ations.
16
‘‘(c) NATIONAL SECURITY WAIVER.—(1) The Sec-
17 retary may waive the application of subsection (a) if the
18 Secretary determines that such a waiver is in the national
19 security interest of the United States.
20
‘‘(2) Not later than 10 days after exercising the waiv-
21 er authority under paragraph (1), the Secretary shall sub22 mit to the congressional defense committees a notification
23 of the use of such authority that includes—
24
‘‘(A) a description of the national security in-
25
terest upon which the exercise of such authority is
26
based;
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1
2
‘‘(B) the anticipated vulnerabilities to national
security posed by the use of such waiver;
3
‘‘(C) identification of which operational com-
4
mander will provide direction to the commercial
5
space system that is used pursuant to the waiver in-
6
stead of a system acquired and operated by the Sec-
7
retary; and
8
‘‘(D) the anticipated duration of such waiver.’’.
9
SEC. 1604. USE OF MIDDLE TIER ACQUISITION PROGRAM
10
FOR PROLIFERATED WARFIGHTER SPACE AR-
11
CHITECTURE
12
AGENCY.
13
OF
SPACE
DEVELOPMENT
Section 1608(a) of the National Defense Authoriza-
14 tion Act for Fiscal Year 2024 (Public Law 118–31; 10
15 U.S.C. 2271 note) is amended by adding at the end the
16 following new paragraphs:
17
‘‘(4) Tranche 4.
18
‘‘(5) Tranche 5.
19
‘‘(6) Tranche 6.’’.
20
21
SEC. 1605. ROCKET CARGO TEST AND DEMONSTRATION.
(a) REQUIREMENT.—Except as provided by sub-
22 section (b), the Secretary of the Air Force shall use the
23 test sites and ranges of the Department of Defense that
24 exist as of the date of the enactment of this Act for any
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1 test or demonstrations required by the Rocket Cargo Pro2 gram.
3
(b) WAIVER.—The Secretary may waive the require-
4 ment in subsection (a) if—
5
(1) the Secretary determines that none of the
6
test sites and ranges of the Department of Defense
7
that exist as of the date of the enactment of this Act
8
meet the needs of the Rocket Cargo Program; and
9
(2) not later than 30 days after the date of
10
such determination, the Secretary notifies the con-
11
gressional defense committees in writing of such de-
12
termination and includes—
13
(A) the requirements of the test or dem-
14
onstration that cannot be met at an existing
15
site or range;
16
17
(B) the proposed alternative site chosen to
conduct the test or demonstration;
18
(C) the estimated cost to conduct the test
19
or demonstration, including infrastructure im-
20
provement and equipment relocation costs, to
21
use the alternative site; and
22
(D) any departmental or interagency re-
23
views or approvals that are required to be com-
24
pleted before the Secretary may use the alter-
25
native site.
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1
SEC. 1606. CONTINUATION OF OPERATION OF DEFENSE ME-
2
TEOROLOGICAL SATELLITE PROGRAM.
3
The Secretary of Defense shall continue to operate
4 the Defense Meteorological Satellite Program, and its ex5 isting functions and distribution capability, until the end
6 of the functional life of the satellites in orbit as of the
7 date of the enactment of this Act under such program.
8
SEC. 1607. STUDY ON ESTABLISHING A TACTICAL SURVEIL-
9
LANCE, RECONNAISSANCE, AND TRACKING
10
PROGRAM OF RECORD.
11
(a) STUDY.—The Secretary of the Air Force, in co-
12 ordination with the Under Secretary of Defense for Intel13 ligence and Security, shall conduct a study on the feasi14 bility and advisability of establishing a program of record
15 for tactical surveillance, reconnaissance, and tracking ca16 pabilities within the Department of Defense.
17
(b) SCOPE.—The study under subsection (a) shall—
18
(1) assess operational and technical require-
19
ments for tactical surveillance, reconnaissance, and
20
tracking capabilities across the joint force, including
21
requirements identified by the combatant commands;
22
(2) evaluate options for organizational place-
23
ment of such a program within the Department of
24
Defense;
25
26
(3) develop recommended acquisition and management approaches;
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1
(4) consider applicable intelligence oversight,
2
legal, and policy regulations relevant to the collec-
3
tion, retention, and dissemination of information;
4
and
5
(5) provide funding profile options and esti-
6
mated resource requirements to establish and sus-
7
tain such a program.
8
(c) COORDINATION.—In conducting the study under
9 subsection (a), the Secretary—
10
(1) shall coordinate with the Under Secretary of
11
Defense for Acquisition and Sustainment, the Chair-
12
man of the Joint Chiefs of Staff, and commanders
13
of the combatant commands; and
14
(2) may receive support from other elements of
15
the Department or federally funded research and de-
16
velopment centers as the Secretary determines ap-
17
propriate.
18
(d) REPORT.—Not later than July 31, 2026, the Sec-
19 retary shall submit to the congressional defense commit20 tees a report, and shall provide a briefing on, the findings
21 and recommendations of the study under subsection (a).
22
(e) AUTHORITY TO ESTABLISH.—The Secretary may
23 establish a program of record for tactical surveillance, re24 connaissance, and tracking capabilities within the Depart25 ment of Defense if—
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1
(1) the Secretary determines in the study under
2
subsection (a) that such establishment is advisable
3
and feasible; and
4
(2) a period of 90 days elapses following the
5
date on which the Secretary submits the report
6
under subsection (d); and
7
(3) after such 90-day period, the Secretary no-
8
tifies the congressional defense committees of car-
9
rying out this subsection.
10
(f) TACTICAL SURVEILLANCE, RECONNAISSANCE,
11
AND TRACKING CAPABILITIES DEFINED.—In this section,
12 the term ‘‘tactical surveillance, reconnaissance, and track13 ing capabilities’’ means the capabilities provided under the
14 pilot program carried out by the Space Force to use com15 mercial data and analytics to provide surveillance, recon16 naissance, and tracking information to the combatant
17 commands.
18
SEC. 1608. SPACEPORT OF THE FUTURE INITIATIVE AND
19
STUDY ON FUTURE SPACE LAUNCH CAPAC-
20
ITY.
21
(a) STUDY.—
22
(1) REQUIREMENT.—The Secretary of the Air
23
Force shall conduct a study, as part of the Space-
24
port of the Future initiative, to—
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1
(A) assess the operational capacity, infra-
2
structure, and long-term sustainability of space
3
launch sites at Cape Canaveral Space Force
4
Station, Florida, and Vandenberg Space Force
5
Base, California, including with respect to
6
heavy and super heavy launches from such
7
sites;
8
(B) evaluate the suitability of such sites
9
for ongoing and future missions;
10
(C) explore alternate launch locations that
11
may offer advantages in mission efficiency,
12
cost-effectiveness, or strategic value; and
13
(D) assess the feasibility of incorporating
14
other active spaceports into the national secu-
15
rity launch infrastructure of the Department of
16
Defense.
17
(2) ELEMENTS.—The study under paragraph
18
(1) shall include the following:
19
(A) An analysis of the current capacity
20
and use of the launch sites (as of the date of
21
the study) at Cape Canaveral Space Force Sta-
22
tion and Vandenberg Space Force Base, includ-
23
ing with respect to existing infrastructure,
24
launch frequencies, and operational efficiency.
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1
(B) A detailed evaluation of the infrastruc-
2
ture at Cape Canaveral Space Force Station
3
and Vandenberg Space Force Base, including
4
with respect to transportation access, environ-
5
mental considerations, safety protocols, the ade-
6
quacy of current facilities (as of the date of the
7
study), and the estimated costs of maintaining
8
and upgrading such infrastructure.
9
(C) A review of environmental regulations,
10
policies, and potential effects relating to space
11
launches at Cape Canaveral Space Force Sta-
12
tion and Vandenberg Space Force Base, includ-
13
ing any limitations or challenges imposed by
14
Federal, State, or local regulations and an eval-
15
uation of potential strategies to mitigate ad-
16
verse environmental effects.
17
(D) A comparative analysis of alternate lo-
18
cations for space launches, including sites on
19
Federal lands, private land partnerships, and
20
locations outside the continental United States,
21
taking into account—
22
23
(i) geographic and orbital dynamic
considerations; and
24
(ii) environmental, logistical, and reg-
25
ulatory factors that may make alternate lo-
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1
cations viable or advantageous, including
2
cost comparisons and potential challenges
3
in establishing infrastructure at such loca-
4
tions.
5
(E) An examination of the manner in
6
which Cape Canaveral Space Force Station,
7
Vandenberg Space Force Base, and any poten-
8
tial alternate locations align with national de-
9
fense and space exploration goals, including
10
with respect to launch site proximity to key or-
11
bital paths, security considerations, and redun-
12
dancy for critical missions.
13
(F) An exploration of the manner in which
14
advancements in space launch technology, in-
15
cluding with respect to reusable launch vehicles
16
and space traffic management, could influence
17
the future demand and operational needs for
18
space launch sites.
19
(G) An assessment of any innovative tech-
20
nologies that could enhance the capacity or re-
21
duce the environmental impact of existing or al-
22
ternate space launch sites.
23
(H) A financial analysis of the long-term
24
costs associated with the use and maintenance
25
of Cape Canaveral Space Force Station and
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1
Vandenberg Space Force Base for space
2
launches, and the estimated costs for estab-
3
lishing and operating alternative space launch
4
sites, including considerations applicable to
5
Government funding, private sector partner-
6
ships, and cost-sharing models.
7
(I) An assessment of additional funding re-
8
quired to implement the Spaceport of the Fu-
9
ture initiative, including the status, estimated
10
completion dates, and total cost of projects,
11
whether at Federal, State, or commercial space
12
launch facilities.
13
(J) Identification of other coastal locations
14
throughout the continental United States that
15
would be suitable for development to expand
16
national security launch infrastructure.
17
(K) A review of Federal authorities, poli-
18
cies, and statutes that may inhibit expansion of
19
launch infrastructure at existing Department of
20
Defense launch sites.
21
(3) CONSULTATION.—The Secretary shall carry
22
out the study under paragraph (1) in consultation
23
with relevant stakeholders, including commercial
24
space industry representatives, environmental agen-
25
cies, and local governments.
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1
(b) REPORT.—
2
(1) INITIAL REPORT.—Not later than March
3
31, 2026, the Secretary shall submit to the congres-
4
sional defense committees a report on the findings of
5
the study under subsection (a).
6
7
(2) ELEMENTS.—The report under paragraph
(1) shall include—
8
(A) recommendations on the future use of
9
space launch sites at Cape Canaveral Space
10
Force Station, Vandenberg Space Force Base,
11
and alternate locations;
12
(B) a summary of findings and rec-
13
ommendations on the continued use of Cape
14
Canaveral Space Force Station and Vandenberg
15
Space Force Base for space launches;
16
(C) a detailed analysis of alternate launch
17
sites, including with respect to strategic, oper-
18
ational, and financial considerations;
19
(D) policy recommendations for addressing
20
infrastructure needs, environmental concerns,
21
and regulatory challenges for space launch op-
22
erations; and
23
(E) a summary of the status, estimated
24
completion dates, total cost, and funding re-
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1
quired for projects under the Spaceport of the
2
Future initiative.
3
(3) ANNUAL UPDATES.—Not later than March
4
31 of each of 2027 through 2031, the Secretary
5
shall submit to the congressional defense committees
6
on the Spaceport of the Future initiative, including
7
with respect to project status, estimated completion
8
dates, total costs, and any updated assessments of
9
funding or infrastructure needs.
10
SEC. 1609. AUXILIARY PAYLOAD FOR NEXT GENERATION
11
POLAR OVERHEAD PERSISTENT INFRARED
12
SATELLITES.
13
(a) REVISED ACQUISITION STRATEGY.—The Sec-
14 retary of the Defense shall direct the milestone decision
15 authority for the Next Generation Polar Overhead Per16 sistent Infrared satellite program to revise the acquisition
17 strategy for such program to include the auxiliary payload
18 (commonly referred to ‘‘APS–A’’) in the program of
19 record.
20
(b) DEFINITIONS.—In this section:
21
(1) The term ‘‘acquisition strategy’’ means the
22
acquisition strategy required under section 4211 of
23
title 10, United States Code.
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1
(2) The term ‘‘milestone decision authority’’
2
have the meaning given that term in section 4211 of
3
title 10, United States Code.
4
SEC. 1610. BLAST DAMAGE ASSESSMENT GUIDE FOR SPACE
5
VEHICLES
6
PLEXES.
7
AT
AIR
FORCE
LAUNCH
COM-
(a) REQUIREMENT.—Not later than one year after
8 the date of the enactment of this Act, the Secretary of
9 the Air Force shall publish a liquid oxygen and methane
10 blast damage assessment guide for space launch vehicles
11 at Air Force launch complexes.
12
(b) NOTICE AND BRIEFING.—Not later than 30 days
13 after the date on which the Secretary publishes the assess14 ment guide under subsection (a), the Secretary shall—
15
16
(1) notify the congressional defense committees
of such publication; and
17
(2) provide the congressional defense commit-
18
tees with a briefing on the contents of the assess-
19
ment guide.
20
(c) WAIVER.—
21
(1) AUTHORITY.—The Secretary may waive the
22
one-year publication timeline under subsection (a)
23
for national security purposes, or if the Secretary
24
determines that such timeline is impractical, if the
25
Secretary notifies the congressional defense commit-
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1
tees with respect to an alternate date on which the
2
publication shall occur.
3
(2) LIMITATION.—The Secretary may exercise
4
the waiver authority under paragraph (1) not more
5
than once.
7
Subtitle B—Defense Intelligence
and Intelligence-Related Activities
8
SEC. 1621. VENDOR SUPPORT TO CLANDESTINE ACTIVI-
6
9
10
TIES.
(a) IN GENERAL.—Subchapter I of chapter 21 of title
11 10, United States Code, is amended by adding at the end
12 the following new section:
13 ‘‘§ 430e. Vendor support to clandestine activities
14
‘‘(a) OVERSIGHT, DECONFLICTION, AND RISK AS-
15
SESSMENT CAPABILITY.—The Secretary of Defense shall
16 establish, maintain, continuously update, and use a secure,
17 centralized technical capability to facilitate oversight,
18 deconfliction, and risk assessments of all commercial ven19 dor support to the Department of Defense for clandestine
20 activities. Such capability shall—
21
‘‘(1) enable the Department of Defense to per-
22
form oversight, deconfliction, and risk assessments
23
of past, ongoing, or planned clandestine activity in-
24
volving support from commercial vendors, including
25
all subcontractors; and
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1
2
‘‘(2) include use of the minimum information
required to—
3
‘‘(A) identify potential conflicts between
4
clandestine activities;
5
‘‘(B) identify the need for additional co-
6
ordination with respect to clandestine activities;
7
and
8
‘‘(C) conduct aggregate risk assessments of
9
clandestine activities involving support from
10
commercial vendors; and
11
‘‘(b) EXCLUSIONS.—(1) Notwithstanding subsection
12 (a), if the Secretary of Defense determines that informa13 tion concerning a commercial vendor should not be used
14 by the centralized technical capability required by sub15 section (a) due to operational, counterintelligence, or other
16 national security concerns, the Secretary may exclude such
17 information from use by such centralized technical capa18 bility.
19
‘‘(2) Not later than 7 days after making a determina-
20 tion under paragraph (1), the Secretary shall submit to
21 the congressional defense committees, the Select Com22 mittee on Intelligence of the Senate, and the Permanent
23 Select Committee on Intelligence of the House of Rep24 resentatives notice of the determination that includes the
25 following information disaggregated by the element of the
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1 Department of Defense with respect to which such com2 mercial vendor provides support:
3
‘‘(A) The number of commercial vendors with
4
respect to which the Secretary made the determina-
5
tion under paragraph (1).
6
7
‘‘(B) A description of the types of activities
supported by such commercial vendors.
8
‘‘(C) The rationale for excluding the informa-
9
tion concerning such commercial vendors from such
10
capability.
11
‘‘(c) DECONFLICTION.—The Secretary of Defense
12 shall ensure the centralized technical capability required
13 by subsection (a) is used in each case where a commercial
14 vendor is expected to provide support to a clandestine ac15 tivity to—
16
‘‘(1) deconflict the use of commercial vendors in
17
support of clandestine activities of the Department
18
of Defense; and
19
‘‘(2) assess operational risk and counterintel-
20
ligence exposure attributable to the use of commer-
21
cial vendors in support of clandestine activities of
22
the Department of Defense.
23
‘‘(d) CLANDESTINE ACTIVITY DEFINED.—In this
24 section, the term ‘clandestine activity’ means any activity
25 where it is intended that the role of the United States
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1 Government will not be apparent or acknowledged pub2 licly.’’.
3
(b) IMPLEMENTATION DEADLINE AND REPORTS.—
4
(1) IMPLEMENTATION DEADLINE AND CERTIFI-
5
CATION.—Not later than one year after the date of
6
the enactment of this Act, the Secretary of Defense
7
shall—
8
(A) implement the requirements of section
9
430e of title 10, United States Code, as added
10
by subsection (a) of this section; and
11
(B) submit to the congressional defense
12
committees, the Select Committee on Intel-
13
ligence of the Senate, and the Permanent Select
14
Committee on Intelligence of the House of Rep-
15
resentatives a certification that such require-
16
ments have been implemented.
17
(2) SUBMISSION OF PLAN.—Not later than 120
18
days after the date of the enactment of this Act, the
19
Secretary of Defense shall—
20
(A) submit to the committees described in
21
paragraph (1)(B) a report containing the plan
22
to implement the requirements of such section
23
430e; and
24
25
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1
(3) PROGRESS REPORT.—Not later than 270
2
days after the date of the enactment of this Act, the
3
Secretary of Defense shall provide to the committees
4
described in paragraph (1)(B) a briefing describing
5
the progress of the Secretary towards implementing
6
the requirements of such section 430e.
7
SEC. 1622. SENSITIVE ACTIVITIES OF THE DEPARTMENT OF
8
DEFENSE.
9
(a) OVERSIGHT OF DEPARTMENT OF DEFENSE SEN-
10
SITIVE ACTIVITIES.—Chapter 3 of title 10, United States
11 Code, is amended by inserting after section 130f the fol12 lowing new section:
13 ‘‘§ 130g. Oversight of sensitive activities of the De14
15
partment of Defense.
‘‘(a) REQUIREMENT.—The Secretary of Defense shall
16 keep the congressional defense committees fully and cur17 rently informed of Department of Defense sensitive activi18 ties.
19
‘‘(b) NOTIFICATION.—In addition to the requirement
20 under subsection (a), the Secretary shall submit to the
21 congressional defense committees a written notification of
22 any compromise or failure of a sensitive activity of the
23 Department of Defense by not later than 48 hours after
24 the date on which the Secretary determines that such a
25 compromise or failure has occurred.
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1
‘‘(c) PROCEDURES.—The Secretary, in consultation
2 with the congressional defense committees, shall establish
3 and submit to such committees procedures for complying
4 with the requirements of subsections (a) and (b), including
5 clearly established reporting thresholds and timelines for
6 the prompt delivery of written notifications consistent with
7 the national security of the United States and the protec8 tion of operational security. The Secretary shall promptly
9 notify the congressional defense committees in writing of
10 any changes to such procedures at least 14 days prior to
11 the adoption of any such changes.
12
‘‘(d) SENSITIVE ACTIVITIES DEFINED.—In this sec-
13 tion, the term ‘Department of Defense sensitive activities’
14 means operations, actions, activities, or programs of the
15 Department of Defense that if compromised, could have
16 enduring adverse effects on United States foreign policy,
17 Department of Defense activities, or military operations,
18 or cause significant embarrassment to the United States,
19 its allies, or the Department of Defense. Such activities
20 are generally handled through special access, compart21 mented, or other sensitive control mechanisms.’’.
22
(b) APPLICATION
OF
NOTIFICATIONS.—The Sec-
23 retary of Defense shall—
24
(1) not later than 180 days after the date of
25
the enactment of this Act, establish the procedures
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1
under subsection (c) of section 130g of title 10,
2
United States Code, as added by subsection (a) of
3
this section; and
4
(2) not later than 90 days after the date of
5
such
6
under subsection (b) of such section 130g.
7
begin
making
notifications
SEC. 1623. CODIFICATION OF DEPARTMENT OF DEFENSE
8
9
establishment,
INSIDER THREAT PROGRAM.
(a) TRANSFER TO TITLE 10.—Chapter 131 of title
10 10, United States Code, is amended by inserting after sec11 tion 2224a a new section 2225 consisting of—
12
(1) a heading as follows:
13 ‘‘§ 2225. Insider threat detection’’; and
14
(2) a text consisting of the text of subsections
15
(a) and (b) of section 922 of the National Defense
16
Authorization Act for Fiscal Year 2012 (Public Law
17
112–81; 10 U.S.C.2224 note).
18
(b) REPEAL OF EXISTING PROVISION.—Section 922
19 of the National Defense Authorization Act for Fiscal Year
20 2012 (Public Law 112–81; 10 U.S.C. 2224 note) is re21 pealed.
22
SEC. 1624. PROVISION BY AIR FORCE OF METEOROLOGICAL
23
24
SERVICES FOR INTELLIGENCE COMMUNITY.
(a) IN GENERAL.—The Secretary of the Air Force
25 shall provide meteorological services for operations of—
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1
2
(1) each combat support agency that is an element of the intelligence community; and
3
(2) by agreement with the head of any other
4
element of the intelligence community, that element
5
of the intelligence community.
6
(b) DEFINITIONS.—In this section:
7
(1) The term ‘‘combat support agency’’ has the
8
meaning given that term in section 193 of title 10,
9
United States Code.
10
(2) The term ‘‘intelligence community’’ has the
11
meaning given that term in section 3 of the National
12
Security Act of 1947 (50 U.S.C. 3003).
13
SEC. 1625. ANNUAL REPORT ON REQUESTS OF COMBATANT
14
15
COMMANDS FOR REMOTE SENSING DATA.
(a) REPORTS AND BRIEFINGS.—Not later than Feb-
16 ruary 1, 2026, and annually thereafter for a five-year pe17 riod, the Chairman of the Joint Chiefs of Staff, in con18 sultation with the commanders of the combatant com19 mands, shall submit to the Committees on Armed Services
20 of the House of Representatives and the Senate a report,
21 and shall provide to such committees a briefing, on the
22 requests of the combatant commands for data and infor23 mation derived from remote sensing.
24
(b) MATTERS.—Each report and briefing under sub-
25 section (a) shall include, with respect to the two-year pe-
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1187
1 riod preceding the date of the submission of that report
2 and for each combatant command, the following informa3 tion:
4
(1) An identification of the number of requests
5
of that combatant command for data or information
6
derived from remote sensing made to personnel of
7
the National Geospatial-Intelligence Agency during
8
such period, if any, including the number of any
9
such requests denied, accepted but not completely
10
fulfilled, and completely fulfilled, respectively.
11
(2) With respect to any such requests, an as-
12
sessment of whether the time to provide the data or
13
information requested was sufficient for the tactical
14
purpose for which the data or information was re-
15
quested.
16
(3) An identification of the number of any such
17
requests not completely fulfilled and the reason, if
18
any, given by personnel of the National Geospatial-
19
Intelligence Agency for such lack of fulfillment.
20
SEC. 1626. REVIEW AND EVALUATION OF EXTENSION OF IN-
21
ACTIVE SECURITY CLEARANCES.
22
(a) EXTENSION OF PERIOD OF INACTIVE SECURITY
23 CLEARANCES.—
24
25
(1) REVIEW
AND
EVALUATION.—The
Under
Secretary of Defense for Intelligence and Security,
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1
in coordination with the Director of National Intel-
2
ligence, shall conduct a review and evaluation of the
3
feasibility and advisability of extending the period of
4
inactive security clearances for covered individuals to
5
a period of not more than five years.
6
(2) ASSESSMENT.—The review under para-
7
graph (1) shall include, at a minimum, an assess-
8
ment of the feasibility and advisability of subjecting
9
inactive security clearances to continuous vetting
10
and due diligence, including implications for the con-
11
tinued development of the Trusted Workforce 2.0
12
initiative.
13
(b) BRIEFING REQUIRED.—Not later than June 30,
14 2026, the Under Secretary of Defense for Intelligence and
15 Security shall provide to the Committees on Armed Serv16 ices for the Senate and House of Representatives and the
17 congressional intelligence committees a briefing on the re18 sults of the review and evaluation described in subsection
19 (a).
20
(c) DEFINITIONS.—In this section:
21
(1) The term ‘‘congressional intelligence com-
22
mittees’’ has the meaning given that term in section
23
3 of the National Security Act of 1947 (50 U.S.C.
24
3003).
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1
2
(2) The term ‘‘covered individuals’’ means individuals who—
3
(A) have been retired or otherwise sepa-
4
rated from employment with the Department of
5
Defense for a period of not more than 5 years;
6
and
7
(B) were eligible to access classified infor-
8
mation on the day before the individual retired
9
or otherwise separated from such employment.
10
Subtitle C—Nuclear Forces
11
SEC. 1631. ADJUSTMENT TO RESPONSIBILITIES OF NU-
12
13
CLEAR WEAPONS COUNCIL.
Section 179 of title 10, United States Code, is
14 amended—
15
(1) in subsection (a), in the first sentence, by
16
inserting ‘‘The Council shall be the primary mecha-
17
nism for integrating, streamlining, and ensuring
18
unity of purpose and direction for nuclear deterrence
19
related activities within the Department of Defense
20
and the Department of Energy.’’ after ‘‘Energy.’’;
21
(2) in subsection (c), by striking paragraph (3);
22
(3) in subsection (d)—
23
(A)
by
redesignating
paragraphs
(1)
24
through (13) as paragraphs (2) through (14),
25
respectively;
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1
(B) by inserting before paragraph (2), as
2
so redesignated, the following:
3
‘‘(1) Overseeing nuclear deterrence activities of
4
the Department of Defense and the National Nu-
5
clear Security Administration, including policy and
6
resources, and developing options for adjusting the
7
deterrence posture of the United States in response
8
to evolving international security conditions.’’;
9
(C) by amending paragraph (6), as so re-
10
designated, to read as follows:
11
‘‘(6) Evaluating safety, security, and control
12
issues for existing weapons and for proposed new
13
weapon program starts and approving adjustments
14
as required.’’;
15
(D) in paragraph (7), as so redesignated,
16
by striking ‘‘Ensuring that adequate consider-
17
ation is given to’’ and inserting ‘‘Overseeing the
18
approval of’’;
19
(E) by amending paragraph (8), as so re-
20
designated, to read as follows:
21
‘‘(8) Providing specific guidance regarding pri-
22
orities for research on—
23
‘‘(A) nuclear weapon delivery systems and
24
platforms and priorities on military capability
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1
development within the armed forces and the
2
broader Department of Defense; and
3
‘‘(B) nuclear weapons and priorities among
4
activities, including production, surveillance, re-
5
search, construction, and any other programs
6
within the National Nuclear Security Adminis-
7
tration.’’;
8
(F) by amending paragraph (9), as so re-
9
designated, to read as follows:
10
‘‘(9) Coordinating and approving activities con-
11
ducted by the Department of Defense and the De-
12
partment of Energy for the study, development, pro-
13
duction, and retirement of nuclear warheads and
14
weapon systems, including concept definition studies,
15
feasibility studies, engineering development, hard-
16
ware component fabrication, warhead and weapon
17
system production, and warhead retirement.’’;
18
(G) in paragraph (10), as so redesignated,
19
by inserting ‘‘and weapon system’’ after ‘‘war-
20
head’’;
21
(H) in paragraph (12), as so redesignated,
22
by inserting ‘‘and related weapon systems sup-
23
porting nuclear deterrence missions’’ after
24
‘‘weapons’’; and
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1
(I) in paragraph (14), as so redesig-
2
nated—
3
(i) by striking ‘‘Coordinating’’ and in-
4
serting ‘‘Overseeing’’; and
5
(ii) by inserting ‘‘systems and’’ after
6
‘‘delivery’’; and
7
(4) by amending subsection (f)(1) to read as
8
follows:
9
‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The
10 Council shall annually review the plans and budget of the
11 National Nuclear Security Administration and the mili12 tary departments to assess whether such plans and budget
13 meet the current and projected requirements relating to
14 nuclear weapons and related weapon systems supporting
15 nuclear deterrence missions.’’.
16
SEC. 1632. PROHIBITION ON REDUCTION OF INTERCONTI-
17
NENTAL BALLISTIC MISSILES OF THE UNITED
18
STATES.
19
(a) INVENTORY REQUIREMENT.—Section 9062 of
20 title 10, United States Code, is amended by adding at the
21 end the following new subsection:
22
‘‘(n)(1) The Secretary of the Air Force shall maintain
23 a total inventory of intercontinental ballistic missiles suffi24 cient to ensure that not fewer than 400 such missiles are
25 operationally available.
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1
‘‘(2) Such intercontinental ballistic missiles shall be
2 deployed among not fewer than 150 launch facilities dis3 persed across each of the following locations (for a total
4 of not fewer than 450):
5
6
‘‘(A) Francis E. Warren Air Force Base, Laramie County, Wyoming.
7
8
‘‘(B) Malmstrom Air Force Base, Cascade
County, Montana.
9
‘‘(C) Minot Air Force Base, Ward County,
10
North Dakota.
11
‘‘(3) In this subsection, the term ‘intercontinental
12 ballistic missile’ means any combination of the LGM–30G
13 Minuteman III intercontinental ballistic missile or the
14 LGM–35A Sentinel intercontinental ballistic missile.’’.
15
(b)(1) LIMITATION ON AVAILABILITY OF CERTAIN
16 FUNDS.—Except as provided in paragraph (2), none of
17 the funds authorized to be appropriated by this Act or
18 otherwise made available for the Department of Defense
19 for fiscal year 2026 may be obligated or expended for the
20 following, and the Department may not otherwise take any
21 action to do the following:
22
(A) Reduce, or prepare to reduce, the respon-
23
siveness or alert level of the intercontinental ballistic
24
missiles of the United States.
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1
(B) Reduce, or prepare to reduce, the quantity
2
of deployed intercontinental ballistic missiles of the
3
United States to a number less than that specified
4
by subsection (n) of section 9062 of title 10, United
5
States Code, as added by subsection (a).
6
(2) EXCEPTION.—The limitation under paragraph
7 (1) shall not apply to any of the following activities:
8
9
(A) The maintenance or sustainment of intercontinental ballistic missiles.
10
11
(B) Ensuring the safety, security, or reliability
of intercontinental ballistic missiles.
12
(C) Facilitating the transition from the LGM–
13
30G Minuteman III intercontinental ballistic missile
14
to the Sentinel LGM–35A intercontinental ballistic
15
missile.
16
SEC. 1633. MATTERS RELATING TO THE NUCLEAR-ARMED,
17
SEA-LAUNCHED CRUISE MISSILE.
18
(a) IN GENERAL.—Subsection (b) of section 1640 of
19 the National Defense Authorization Act for Fiscal Year
20 2024 (Public Law 118–31) is amended to read as follows:
21
‘‘(b) INITIAL OPERATIONAL CAPABILITY.—The Sec-
22 retary of Defense and the Administrator for Nuclear Secu23 rity shall take such actions as are necessary to ensure the
24 program and project described in subsection (a)—
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1
‘‘(1) provide a limited number of assets prior to
2
initial operational capability being achieved to enable
3
limited operational deployment of the weapon sys-
4
tem, in a quantity to be determined by the Nuclear
5
Weapons Council, to meet combatant command re-
6
quirements not later than September 30, 2032; and
7
‘‘(2) achieve initial operational capability, as de-
8
fined jointly by the Secretary of the Navy and the
9
Chairman of the Joint Chiefs of Staff, by not later
10
than September 30, 2034.’’.
11
(b) REPORT.—Not later than 120 days after the date
12 of the enactment of this Act, the Secretary of the Navy,
13 in coordination with the Nuclear Weapons Council, shall
14 provide to the congressional defense committees a briefing
15 that includes—
16
(1) an initial definition of limited operational
17
capability for the nuclear-armed, sea-launched cruise
18
missile; and
19
(2) a timeline to achieve the defined limited
20
operational capability, in compliance with the re-
21
quirements of section 1640(a)(1) of the National
22
Defense Authorization Act for Fiscal Year 2024.
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1
SEC. 1634. ADJUSTMENT TO BOMBER AIRCRAFT NUCLEAR
2
CERTIFICATION REQUIREMENT.
3
Section 211 of the National Defense Authorization
4 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat.
5 1671) is amended to read as follows:
6
‘‘SEC. 211. B–21 BOMBER AIRCRAFT NUCLEAR CERTIFI-
7
8
CATION REQUIREMENT.
‘‘The Secretary of the Air Force shall ensure that the
9 B–21 bomber is—
10
‘‘(1) operationally certified to employ nuclear
11
gravity bombs not later than 180 days after the date
12
on which such aircraft achieves initial operational
13
capability; and
14
‘‘(2) operationally certified to employ the AGM–
15
181 long-range standoff weapon not later than two
16
years after the date on which either the B–21 bomb-
17
er or the AGM–181 long-range standoff weapon
18
achieves initial operational capability, whichever is
19
later.’’.
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SEC. 1635. ORGANIZATIONAL REALIGNMENT WITH RE-
2
SPECT TO OFFICE OF THE ASSISTANT SEC-
3
RETARY OF DEFENSE FOR NUCLEAR DETER-
4
RENCE,
5
FENSE POLICY AND PROGRAMS; LIMITATION
6
ON AVAILABILITY OF CERTAIN FUNDS.
7
(a) ORGANIZATIONAL REALIGNMENT.—Not later
CHEMICAL
AND
BIOLOGICAL
DE-
8 than 45 days after the date of the enactment of this Act,
9 the Secretary of Defense shall take such actions as are
10 required to—
11
(1) integrate into the Office of the Assistant
12
Secretary of Defense for Nuclear Deterrence, Chem-
13
ical and Biological Defense Policy and Programs
14
(hereinafter ‘‘ASD (ND-CBD)’’) the authorities, re-
15
sponsibilities, personnel, and resources necessary for
16
executing activities in support of the Under Sec-
17
retary of Defense for Acquisition and Sustainment’s
18
roles as the Defense Acquisition Executive and Mile-
19
stone Decision Authority for applicable Major De-
20
fense Acquisition Programs as pertains to Depart-
21
ment of Defense programs for acquiring, sustaining,
22
and managing—
23
24
25
26
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(A) dedicated nuclear weapons platforms
and delivery systems; and
(B) nuclear command, control, and communications (hereinafter ‘‘NC3’’) systems;
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1
(2) ensure the Office of the Assistant Secretary
2
of Defense for Acquisition reassigns sufficient per-
3
sonnel to the Office of the ASD (ND-CBD) to sup-
4
port joint oversight of Major Defense Acquisition
5
Programs for platforms—
6
(A) capable of employing both conventional
7
and nuclear weapons; and
8
(B) hosting NC3 systems; and
9
(3) establish Departmental processes for joint
10
oversight by the Assistant Secretary of Defense for
11
Acquisition and the ASD (ND-CBD) of platforms—
12
(A) capable of employing both conventional
13
and nuclear weapons; and
14
15
(B) hosting NC3 systems.
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of
16 the funds authorized to be appropriated by this Act or
17 otherwise made available for fiscal year 2026 for Oper18 ation and Maintenance, Defense-Wide, to the Office of the
19 Under
Secretary
of
Defense
for
Acquisition
and
20 Sustainment, and available to the Under Secretary of De21 fense for Acquisition and Sustainment and the Assistant
22 Secretary of Defense for Acquisition for travel purposes,
23 not more than 50 percent may be obligated or expended
24 until the date on which the Secretary of Defense notifies
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1 the congressional defense committees that the Department
2 of Defense has—
3
4
(1) completed the organizational realignments
described in subsection (a); and
5
(2) provided to the Committees on Armed Serv-
6
ices of the House of Representatives and the Senate
7
a briefing on—
8
(A) detailed implementation plans used to
9
achieve the actions required in subsection (a);
10
and
11
(B) policies and procedures of the Depart-
12
ment for future adjustments to management
13
and oversight responsibilities for dedicated nu-
14
clear weapon and dual-capable platforms and
15
weapon systems between the Office of the
16
Under Secretary of Defense for Acquisition and
17
Sustainment and cognizant Direct Reporting
18
Program Managers, as applicable.
19
SEC. 1636. MATTERS RELATING TO INTERCONTINENTAL
20
BALLISTIC MISSILES OF THE UNITED STATES.
21
The Secretary of the Air Force may enter into con-
22 tracts for the life-of-program procurement of solid rocket
23 motor nozzle material and related processing activities for
24 the LGM–35A Sentinel intercontinental ballistic missile
25 system.
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1
SEC. 1637. DEEP CLEANING OF LAUNCH CONTROL CEN-
2
TERS OF THE AIR FORCE GLOBAL STRIKE
3
COMMAND.
4
(a) IN GENERAL.—The Secretary of the Air Force,
5 acting through the Commander of the Air Force Global
6 Strike Command, shall ensure that each Minuteman III
7 launch control center within the three missile wings com8 prising the 20th Air Force undergoes a deep cleaning of
9 its crew capsules at least once every five years until each
10 such launch control center is decommissioned.
11
(b) WAIVER.—
12
(1) IN GENERAL.—The Commander of the Air
13
Force Global Strike Command may waive the re-
14
quirement under subsection (a) with respect to a
15
particular Minuteman III launch control center due
16
to—
17
(A) unforseen circumstances that make
18
carrying out the deep cleaning required by such
19
subsection impracticable; or
20
(B) national security needs.
21
(2) CONGRESSIONAL
NOTIFICATION.—If
the
22
Commander grants a waiver under paragraph (1),
23
the Commander shall notify the congressional de-
24
fense committees of such wavier. Such notice shall
25
include—
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1
(A) the launch control center subject to
2
such waiver; and
3
(B) when such launch control center is ex-
4
5
pected to be deep cleaned.
(c) ANNUAL REPORT.—Not later than the first Octo-
6 ber 1 after the date of the enactment of this Act, and
7 on an annual basis thereafter until each Minuteman III
8 launch control center is decommissioned, the Secretary of
9 the Air Force shall provide to the congressional defense
10 committees a briefing that includes—
11
12
(1) an identification of each such launch control
center—
13
(A) deep cleaned during the fiscal year
14
covered by the briefing; and
15
(B) scheduled for a deep cleaning during
16
the fiscal year beginning after the fiscal year
17
during which the briefing is provided; and
18
(2) any additional matters of concern, as deter-
19
mined by the Secretary, with respect to the condition
20
of such launch control centers.
21
SEC. 1638. LIMITATION ON AVAILABILITY OF FUNDS PEND-
22
ING NOTIFICATION OF TASKING AUTHORITY
23
DELEGATION.
24
Of the funds authorized to be appropriated by this
25 Act or otherwise made available for fiscal year 2026 for
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1 Operation and Maintenance, Air Force, and available to
2 the Office of the Secretary of the Air Force for travel pur3 poses, not more than 85 percent may be obligated or ex4 pended until the date on which the Secretary of Defense
5 notifies the congressional defense committees that the del6 egation of authority described in section 1638(e) of the
7 James M. Inhofe National Defense Authorization Act for
8 Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2941)
9 has been completed.
10
SEC. 1639. LIMITATION ON AVAILABILITY OF FUNDS PEND-
11
ING COMMENCEMENT OF ANNUAL BRIEF-
12
INGS
13
OMMENDATIONS BY THE CONGRESSIONAL
14
COMMISSION ON THE STRATEGIC POSTURE
15
OF THE UNITED STATES.
16
ON
IMPLEMENTATION
OF
REC-
Of the funds authorized to be appropriated by this
17 Act or otherwise made available for fiscal year 2026 for
18 Operation and Maintenance, Defense-Wide, and available
19 to the Office of the Under Secretary of Defense for Acqui20 sition and Sustainment for travel expenses, not more than
21 90 percent may be obligated or expended until the date
22 on which the Under Secretary of Defense for Acquisition
23 and Sustainment completes the first annual briefing to the
24 congressional defense committees required by section 1637
25 of the Servicemember Quality of Life Improvement and
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1 National Defense Authorization Act for Fiscal Year 2025
2 (Public Law 118–159).
3
SEC. 1640. LIMITATION ON AVAILABILITY OF FUNDS FOR
4
5
COMPENSATION CAPS.
(a) IN GENERAL.—None of the funds authorized to
6 be appropriated by this Act or otherwise made available
7 for fiscal year 2026 may be used to establish, or imple8 ment a requirement to establish, a cap on reimbursement
9 of compensation and benefits for non-Federal employees
10 under contract with the National Nuclear Security Admin11 istration or employees of any Federally-funded research
12 and development center supporting—
13
(1) any atomic energy defense activity, as de-
14
fined in section 2 of the Nuclear Waste Policy Act
15
of 1982 (42 U.S.C. 10101);
16
17
18
19
20
(2) the sustainment and modernization of—
(A) nuclear weapons delivery systems and
platforms of the Department of Defense;
(B) nuclear command, control, and communication systems of the Department; or
21
(C) any infrastructure association with the
22
systems or platforms described in subparagraph
23
(A) or (B); or
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1
(3) the development, testing, or fielding of tech-
2
nologies supporting the Golden Dome missile defense
3
system.
4
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
5 tion may be construed to affect or limit the application
6 of, or any obligation to comply with, the requirements of—
7
8
(1) section 3744(a) of title 10, United States
Code; or
9
10
(2) section 4304(a) of title 41, United States
Code.
11
SECTION 1641. STRATEGY TO SUSTAIN MINUTEMAN III
12
INTERCONTINENTAL BALLISTIC MISSILE AND
13
MAXIMIZE END-OF-LIFE MARGIN.
14
(a) STRATEGY REQUIRED.—
15
(1) IN GENERAL.—Concurrent with the first
16
submission to Congress of a budget pursuant to sec-
17
tion 1105(a) of title 31, United States Code, after
18
the date of the enactment of this Act, and with each
19
budget submitted to Congress pursuant to such sec-
20
tion until the Under Secretary of Defense for Acqui-
21
sition and Sustainment determines the LGM–35A
22
Sentinel intercontinental ballistic missile reaches full
23
operational capacity, the Secretary of the Air Force,
24
in consultation with the Under Secretary, shall sub-
25
mit to the congressional defense committees a strat-
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1
egy, with respect to the LGM–30G Minuteman III
2
intercontinental ballistic missiles, Air Force Nuclear
3
Command, Control, and Communications Weapon
4
System (AN/USQ.225), associated ground systems,
5
and other supporting systems to address aging com-
6
ponents and maximize the end-of-life margin.
7
8
(2) ELEMENTS.—Each strategy required by
paragraph (1) shall include the following:
9
(A) A comprehensive identification of all
10
significant age-related and supportability chal-
11
lenges for the LGM–30G Minuteman III inter-
12
continental ballistic missiles that includes a de-
13
scription of—
14
15
(i) efforts of the Secretary to address
each such challenge; and
16
(ii) activities the Secretary intends to
17
carry out to address each such challenge.
18
(B) A description of effects on the system
19
performance of Minuteman III missiles that re-
20
sult from aging components, including such ef-
21
fects with respect to shortfalls in capability.
22
(C) A summary of test activities conducted
23
with Minuteman III missiles during the cal-
24
ender year that precedes the date of the sub-
25
mission of the strategy, including a description
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1
of any observations of anomalous performance
2
during such test activities.
3
(D) A discussion of opportunities to in-
4
crease the end-of-life margin or overall perform-
5
ance of Minuteman III missiles.
6
(E) A statement of the total inventory of
7
such Minuteman III missiles available to the
8
United States, including spares.
9
(F) A forecast with respect to the asset at-
10
trition that includes an identification of key
11
drivers of such asset attrition.
12
(G) An identification, as specific budget
13
line items, of all funding with respect to the
14
LGM–30G Minuteman III intercontinental bal-
15
listic missiles, associated ground systems, and
16
other and supporting systems included in the
17
budget of the Department of Defense for the
18
fiscal year during which the strategy is sub-
19
mitted.
20
(H) An estimate of the amount of such
21
funding the Secretary determines is necessary
22
across the period covered by the most recent fu-
23
ture-years defense program submitted to Con-
24
gress under section 221 of title 10, United
25
States Code, to ensure the continued effective
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1
operation of the the LGM–30G Minuteman III
2
intercontinental
3
ground systems, and other and supporting sys-
4
tems until the LGM–35A Sentinel interconti-
5
nental ballistic missile reaches full operational
6
capacity.
7
ballistic
missile,
associated
(b) INDEPENDENT ASSESSMENT OF STRATEGY.—
8
(1) IN GENERAL.—The Under Secretary shall
9
review each strategy required under subsection (a)
10
to assess whether the strategy is sufficient to ensure
11
the continued effective operation of the LGM–30G
12
Minuteman III intercontinental ballistic missile sys-
13
tem until the LGM–35A Sentinel intercontinental
14
ballistic missile reaches full operational capacity.
15
(2) REPORTS.—During the period the require-
16
ment under subsection (a) is effective, the Under
17
Secretary shall, not later than 45 days after any
18
date on which a budget is submitted to Congress
19
pursuant to section 1105(a) of title 31, United
20
States Code, submit to the congressional defense
21
committees a report that includes—
22
23
(A) the findings of the assessment required
under paragraph (1);
24
(B) a discussion of any unfunded priorities
25
and risk reduction opportunities with respect to
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1
the LGM–30G Minuteman III intercontinental
2
ballistic missile, associated ground systems, and
3
other supporting systems; and
4
(C) any other matters as the Under Sec-
5
6
retary determines appropriate.
SEC. 1642. MATTERS RELATING TO AIR FORCE GLOBAL
7
8
STRIKE COMMAND.
(a) ESTABLISHMENT OF AIR FORCE GLOBAL STRIKE
9 COMMAND.—Chapter 907 of title 10, United States Code,
10 is amended by adding at the end the following new section:
11 ‘‘§ 9068. Air Force Global Strike Command
12
‘‘(a) ESTABLISHMENT.—There is in the Air Force a
13 major command, which shall be known as Air Force Global
14 Strike Command.
15
‘‘(b) COMMANDER.—(1) The Commander of Air
16 Force Global Strike Command shall hold the grade of gen17 eral while serving in that position, without vacating that
18 officer’s permanent grade. The commander shall be ap19 pointed to that grade by the President, by and with the
20 advice and consent of the Senate, for service in that posi21 tion.
22
‘‘(2) The commander shall serve as the single ac-
23 countable officer responsible to the Secretary of the Air
24 Force and the Chief of Staff of the Air Force for carrying
25 out all aspects of Air Force nuclear and long-range strike
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1209
1 missions in support of United States Strategic Command,
2 including such aspects described in subsection (c).
3
‘‘(c) FUNCTIONS.—The Commander of Air Force
4 Global Strike Command shall be responsible for carrying
5 out all aspects and activities of the Air Force nuclear and
6 long-range strike missions in support of United States
7 Strategic Command. Such aspects include nuclear weap8 ons, nuclear weapon delivery systems, long-range strike
9 bomber aircraft, and the nuclear command, control, and
10 communication systems. Such activities include the fol11 lowing:
12
‘‘(1) Providing combat-ready nuclear and long-
13
range conventional strike forces in support of Presi-
14
dential and combatant commander directives.
15
16
‘‘(2) Administrating, organizing, training, and
equipping assigned and gained forces.
17
‘‘(3) Assessing the readiness of assigned and
18
gained forces and submitting to the Secretary and
19
the Air Force Chief of Staff periodic reports with re-
20
spect to such assessments.
21
‘‘(4) Leading development in the Air Force of—
22
‘‘(A) military requirements with respect to
23
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1
‘‘(B) budget proposals necessary to carry
2
out the missions of the Air Force Global Strike
3
Command;
4
‘‘(C) long-range investment plans and pri-
5
orities to sustain, modernize, and recapitalize
6
assigned forces; and
7
‘‘(D) employment strategies, concepts, tac-
8
tics, techniques, and procedures with respect to
9
strategic deterrence, nuclear deterrence oper-
10
ation, and long-range strike operations.
11
‘‘(5) Advising the Secretary, as necessary, on
12
the adequacy of resources of the Department of the
13
Air Force dedicated to support and execute nuclear
14
missions.
15
‘‘(6) Such other functions as the Secretary de-
16
termines necessary or appropriate for execution of
17
nuclear deterrence and long-range strike missions.’’.
18
(b) OVERSIGHT OF NUCLEAR DETERRENCE MIS-
19
SION.—Section 9040(b) of title 10, United States Code,
20 is amended—
21
(1) in the matter preceding paragraph (1), by
22
inserting ‘‘in coordination with the Commander of
23
Air Force Global Strike Command’’ after ‘‘duties’’;
24
(2) by redesignating paragraphs (2) and (3) as
25
paragraphs (3) and (4), respectively;
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1211
1
2
(3) by inserting after paragraph (1) the following new paragraph (2):
3
‘‘(2) Coordinate with and support the activities
4
of Air Force Global Strike Command, the Air Force
5
Nuclear Systems Center, and any other applicable
6
Air Force organization in the sustainment and mod-
7
ernization of weapon systems associated with the nu-
8
clear deterrence mission of the Air Force.’’;
9
(4) in paragraph (4), as so redesignated, by
10
striking ‘‘and the Chief of Staff of the Air Force’’
11
and inserting ‘‘the Chief of Staff of the Air Force,
12
and the Commander of Air Force Global Strike
13
Command’’; and
14
15
(5) by adding at the end the following new
paragraph:
16
‘‘(5) Represent Air Force nuclear deterrence
17
mission equities on behalf of the Chief of Staff of
18
the Air Force and the Commander of Air Force
19
Global Strike Command within the Nuclear Weapons
20
Council processes and other Department of Defense
21
fora, as appropriate.’’.
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2
Subtitle D—Missile Defense
Programs
3
SEC. 1651. MODIFICATION TO NATIONAL MISSILE DEFENSE
4
POLICY TO REFLECT GOLDEN DOME FOR
5
AMERICA POLICY.
1
6
Section 5501 of title 10, United States Code, is
7 amended by striking the text and inserting the following:
8
‘‘It is the policy of the United States—
9
‘‘(1) to provide for the common defense of the
10
United States and its citizens by deploying and
11
maintaining a next-generation missile defense shield;
12
‘‘(2) to deter and defend the United States, citi-
13
zens of the United States, and critical infrastructure
14
of the United States, against the threat of foreign
15
attack by increasingly complex ballistic, hypersonic
16
glide, and cruise missiles, and other advanced aerial
17
threats; and
18
‘‘(3) to guarantee the viability of an effective
19
nuclear response capability of the United States and
20
to support the continued deterrence of strategic at-
21
tacks against the homeland of the United States.’’.
22
23
SEC. 1652. GOLDEN DOME MISSILE DEFENSE SYSTEM.
(a) ANNUAL REPORT.—
24
(1) REQUIREMENT.—Concurrent with the first
25
submission to Congress of a budget pursuant to sec-
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1
tion 1105(a) of title 31, United States Code, after
2
the date of the enactment of this Act, and with each
3
submission of a budget to Congress pursuant to
4
such section until the date on which the Secretary
5
of Defense determines that the next-generation air
6
and missile defense architecture developed pursuant
7
to Executive Order 14 14186 (90 Fed. Reg. 8767),
8
or such successor order, achieves full operational ca-
9
pability, the Secretary shall submit to the congres-
10
sional defense committees a report on the develop-
11
ment and deployment of such architecture.
12
13
(2) ELEMENTS.—Each report under paragraph
(1) shall include the following:
14
(A) A summary of air and missile threats
15
to the United States, including notable develop-
16
ments occurring during year covered by the re-
17
port.
18
(B) A description of the system architec-
19
ture of the next-generation air and missile de-
20
fense architecture, including the identification
21
of each capability, program, and project consid-
22
ered to be part of such architecture.
23
24
(C) A preliminary description of, cost estimate for, and schedule to achieve—
25
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1214
1
(ii) full operational capability.
2
(D) A consolidated list of funds estimated
3
within the most recent future-years defense pro-
4
gram under section 221 of title 10, United
5
States Code, for the next-generation air and
6
missile defense architecture as compared to the
7
prior fiscal year, including with respect to—
8
(i) each capability, program, and
9
project identified in subparagraph (B);
10
(ii) test and evaluation activities;
11
(iii) military construction;
12
(iv) operations and maintenance, in-
13
cluding advanced planning and infrastruc-
14
ture sustainment, renovation, and mainte-
15
nance funds; and
16
(v) civilian and military personnel.
17
(E) A description of relevant concepts of
18
19
20
operations.
(F) A schedule of test activities planned
for the upcoming year.
21
(G) Identification of requirements with re-
22
spect to the electromagnetic spectrum for the
23
development, deployment, and deconfliction,
24
where necessary, of capabilities included in such
25
architecture.
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1
(H) A holistic assessment of the total
2
ground segment requirements to support the ar-
3
chitecture and the progress made toward meet-
4
ing such requirements.
5
(I) An organizational construct defining
6
roles and responsibilities for each participating
7
element of the Department of Defense.
8
(J) An assessment of on-orbit testing and
9
training requirements necessary for developing
10
capabilities and ensuring long-term warfighting.
11
(K) Identification of any additional legal
12
authorities necessary to carry out or expedite
13
the development and deployment of such archi-
14
tecture.
15
(L) Any other matters the Secretary con-
16
17
siders relevant.
(b) QUARTERLY BRIEFINGS.—
18
(1) REQUIREMENT.—Not later than 90 days
19
after the date of the enactment of this Act, and on
20
a quarterly basis thereafter until the date on which
21
the Secretary of Defense determines that the next-
22
generation air and missile defense architecture
23
achieves full operational capability, the Secretary
24
shall provide to the congressional defense commit-
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1
tees a briefing on the status of the development and
2
deployment of such architecture.
3
4
(2) ELEMENTS.—Each briefing under paragraph (1) shall include the following:
5
(A) The status of the next-generation air
6
and missile defense architecture as compared to
7
the previous quarter.
8
9
(B) The progress towards initial and full
operational capability of such architecture.
10
(C) The execution of funding appropriated
11
for such architecture and related activities de-
12
scribed in subparagraph (D).
13
(D) A description of test events planned
14
for the upcoming quarter and a detailed review
15
of test events performed during the previous
16
quarter.
17
(E) Any notable highlights and changes af-
18
fecting the development and deployment of such
19
architecture.
20
21
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(F) Such other matters as the Secretary
considers appropriate.
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1
SEC. 1653. AMENDMENTS TO TECHNICAL AUTHORITY OF DI-
2
RECTOR OF MISSILE DEFENSE AGENCY RE-
3
GARDING INTEGRATED AIR AND MISSILE DE-
4
FENSE ACTIVITIES AND PROGRAMS.
5
(a) IN GENERAL.—Subsection (a) of section 5531 of
6 title 10, United States Code, is amended—
7
(1) by striking ‘‘The Director’’ and inserting
8
‘‘Subject to the authority, direction, and control of
9
the Secretary of Defense, the Director’’;
10
11
(2) by inserting ‘‘system level architectures,’’
before ‘‘interfaces’’; and
12
(3) by inserting a comma after ‘‘of such activi-
13
ties and programs’’.
14
(b) TECHNICAL CORRECTIONS.—Subsection (b) of
15 such section is amended—
16
17
18
19
(1) in paragraph (1)—
(A) by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subsection (a)’’; and
(B) by striking ‘‘with subparagraph (B)’’
20
and inserting ‘‘with paragraph (2)’’; and
21
(2) in paragraph (2)—
22
23
24
25
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(A) by striking ‘‘under subparagraph (A)’’
and inserting ‘‘under paragraph (1)’’; and
(B) by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subsection (a)’’.
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1
SEC. 1654. PROHIBITION ON PRIVATIZED OR SUBSCRIP-
2
TION-BASED MISSILE DEFENSE INTERCEPT
3
CAPABILITIES.
4
Subchapter II of chapter 551 of title 10, United
5 States Code, is amended by adding at the end the fol6 lowing new section:
7 ‘‘§ 5516. Prohibition on privatized or subscription8
based missile defense intercept capabili-
9
ties
10
‘‘(a) PROHIBITION.—The Secretary of Defense may
11 only develop, deploy, test, or operate a missile defense sys12 tem with kinetic missile defense capabilities if—
13
14
‘‘(1) the missile defense system is owned and
operated by the armed forces; and
15
‘‘(2) such capabilities do not use a subscription-
16
based service, a pay-for-service model, or a recur-
17
ring-fee model to engage or intercept a target.
18
‘‘(b) INHERENTLY GOVERNMENTAL FUNCTION.—
19 The decision to engage in kinetic missile defense activities,
20 including targeting, launch authorization, and engagement
21 of airborne or spaceborne threats, is an inherently govern22 mental function that only officers or employees of the Fed23 eral Government or members of the Army, Navy, Air
24 Force, Marine Corps, or Space Force may perform.
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1
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
2 tion shall be construed to prohibit the Secretary of De3 fense from—
4
‘‘(1) entering into contracts with private enti-
5
ties for the research, development, manufacture,
6
maintenance, or testing of missile defense systems;
7
‘‘(2) entering into or carrying out co-production
8
or co-development arrangements, or other coopera-
9
tive agreements, with allies and partners of the
10
United States with respect to missile defense capa-
11
bilities; or
12
‘‘(3) procuring commercial services for remote
13
sensing, telemetry, threat tracking, data analysis,
14
data transport, or early warning, if such services do
15
not directly involve the execution or command of ki-
16
netic missile defense activities.
17
‘‘(d) DEFINITIONS.—For the purposes of this section:
18
‘‘(1) The term ‘kinetic missile defense activities’
19
means any action intended to physically intercept,
20
neutralize, or destroy a missile, projectile, aircraft,
21
or other airborne threat, including those using ki-
22
netic interceptors or directed energy.
23
‘‘(2) The term ‘kinetic missile defense capabili-
24
ties’ means any system or platform that is designed
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1
to be able to carry out kinetic missile defense activi-
2
ties.
3
‘‘(3) The term ‘subscription-based service’
4
means any arrangement in which a private entity
5
provides ongoing or recurring operational access to
6
missile defense capabilities in exchange for periodic
7
payment.’’.
8
SEC. 1655. MATTERS RELATED TO INTEGRATED AIR AND
9
MISSILE DEFENSE CAPABILITIES TO DEFEND
10
GUAM.
11
(a) PROHIBITION ON REMOVAL WITHOUT NOTIFICA-
12
TION.—None of the funds authorized to be appropriated
13 by this Act or otherwise made available for fiscal year
14 2026 for the Department of Defense may be obligated or
15 expended to remove an integrated air and missile defense
16 system or capability from Guam unless—
17
(1) the Chairman of the Joint Chiefs of Staff
18
submits to the congressional defense committees a
19
notice of the proposed removal; and
20
(2) a 10-day period elapses following the date
21
of such submission.
22
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of
23 the funds authorized to be appropriated by this Act or
24 otherwise made available for fiscal year 2026 for the Of25 fice of the Under Secretary of Defense for Acquisition and
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1 Sustainment for travel expenses, not more than 90 percent
2 may be obligated or expended until the date on which the
3 Under
Secretary
of
Defense
for
Acquisition
and
4 Sustainment completes the first annual briefing to the
5 congressional defense committees required by section 1648
6 of the Servicemember Quality of Life Improvement and
7 National Defense Authorization Act for Fiscal Year 2025
8 (Public Law 118–159; 138 Stat. 2186).
9
(c) REPORT.—Not later than 90 days after the date
10 of the enactment of this Act, the Secretary of Defense
11 shall submit to the congressional defense committees an
12 unclassified summary of the report required by section
13 1660 of the James M. Inhofe National Defense Authoriza14 tion Act for Fiscal Year 2023 (Public Law 117–263; 136
15 Stat. 2955).
16
SEC. 1656. DESIGN AND CONSTRUCTION OF MISSILE IN-
17
18
STRUMENTATION RANGE SAFETY VESSELS.
(a) VESSEL CONSTRUCTION.—
19
(1) COMPLETION OF DESIGN.—Subject to the
20
availability of appropriations, the Secretary of
21
Transportation, in consultation with the Director of
22
the Missile Defense Agency, shall complete the de-
23
sign of missile instrumentation range safety vessels
24
for the National Defense Reserve Fleet to allow for
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1
the construction of such vessels to begin in fiscal
2
year 2027.
3
(2) AGREEMENT WITH VESSEL CONSTRUCTION
4
MANAGER.—Notwithstanding
5
10, United States Code, and subject to the avail-
6
ability of appropriations, the Secretary of the Trans-
7
portation, in consultation with the Director of the
8
Missile Defense Agency, shall seek to enter into an
9
agreement with an appropriate vessel construction
10
manager under which the vessel construction man-
11
ager shall enter into a contract for the construction
12
of not more than two such vessels in accordance
13
with this section.
section 8679 of title
14
(3) DESIGN STANDARDS AND CONSTRUCTION
15
PRACTICES.—Subject to paragraph (2), a vessel con-
16
structed pursuant to this section shall be con-
17
structed using commercial design standards and
18
commercial construction practices that are consistent
19
with the best interests of the Federal Government.
20
(b) CONSULTATION WITH OTHER FEDERAL ENTI-
21
TIES.—The Secretary of Transportation shall consult and
22 coordinate with the Director of the Missile Defense Agen23 cy and may consult with the heads of other appropriate
24 Federal agencies regarding the vessel referred to in sub25 section (a) and activities associated with such vessel.
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1
(c) PROHIBITION ON USE OF FUNDS FOR USED VES-
2
SELS.—None of the funds authorized to be appropriated
3 by this Act or otherwise made available to carry out this
4 section may be used for the procurement of any used ves5 sel.
6
(d) MISSILE DEFENSE AGENCY TRANSFER AUTHOR-
7
ITY.—The Director of the Missile Defense Agency may
8 transfer amounts authorized to be appropriated for the
9 Missile Defense Agency to the Secretary of Transpor10 tation, to be used for the purposes authorized by this sec11 tion. Any amount transferred pursuant to this subsection
12 shall retain its original period of availability.
13
SEC. 1657. IRON DOME SHORT-RANGE ROCKET DEFENSE
14
SYSTEM AND ISRAELI COOPERATIVE MISSILE
15
DEFENSE PROGRAM CO-DEVELOPMENT AND
16
CO-PRODUCTION.
17
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE
18 SYSTEM.—
19
(1) AVAILABILITY OF FUNDS.—Of the funds
20
authorized to be appropriated by this Act for fiscal
21
year 2026 for procurement, Defense-wide, and avail-
22
able for the Missile Defense Agency, not more than
23
$60,000,000 may be provided to the Government of
24
Israel to procure components for the Iron Dome
25
short-range rocket defense system through co-pro-
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1
duction of such components in the United States by
2
industry of the United States.
3
(2) CONDITIONS.—
4
(A) AGREEMENT.—Funds described in
5
paragraph (1) for the Iron Dome short-range
6
rocket defense program shall be available sub-
7
ject to the terms and conditions in the Agree-
8
ment Between the Department of Defense of
9
the United States of America and the Ministry
10
of Defense of the State of Israel Concerning
11
Iron
12
signed on March 5, 2014, as amended to in-
13
clude co-production for Tamir interceptors.
Dome
Defense
System
Procurement,
14
(B) CERTIFICATION.—Not later than 30
15
days prior to the initial obligation of funds de-
16
scribed in paragraph (1), the Under Secretary
17
of Defense for Acquisition and Sustainment
18
shall submit to the appropriate congressional
19
committees—
20
(i) a certification that the amended bi-
21
lateral international agreement specified in
22
subparagraph (A) is being implemented as
23
provided in such agreement;
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1
(ii) an assessment detailing any risks
2
relating to the implementation of such
3
agreement; and
4
(iii) for system improvements result-
5
ing in modified Iron Dome components
6
and Tamir interceptor sub-components, a
7
certification that the Government of Israel
8
has demonstrated successful completion of
9
Production Readiness Reviews, including
10
the validation of production lines, the
11
verification of component conformance,
12
and the verification of performance to
13
specification as defined in the Iron Dome
14
Defense System Procurement Agreement,
15
as further amended.
16
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
17
GRAM,
18
TION.—
DAVID’S SLING WEAPON SYSTEM CO-PRODUC-
19
(1) IN GENERAL.—Subject to paragraph (3), of
20
the funds authorized to be appropriated for fiscal
21
year 2026 for procurement, Defense-wide, and avail-
22
able for the Missile Defense Agency not more than
23
$40,000,000 may be provided to the Government of
24
Israel to procure the David’s Sling Weapon System,
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1
including for co-production of parts and components
2
in the United States by United States industry.
3
(2) AGREEMENT.—Provision of funds specified
4
in paragraph (1) shall be subject to the terms and
5
conditions in the bilateral co-production agreement,
6
including—
7
(A) a one-for-one cash match is made by
8
Israel or in another matching amount that oth-
9
erwise meets best efforts (as mutually agreed to
10
by the United States and Israel); and
11
(B) co-production of parts, components,
12
and all-up rounds (if appropriate) in the United
13
States by United States industry for the Da-
14
vid’s Sling Weapon System is not less than 50
15
percent.
16
(3) CERTIFICATION
AND
ASSESSMENT.—The
17
Under Secretary of Defense for Acquisition and
18
Sustainment shall submit to the appropriate con-
19
gressional committees—
20
(A) a certification that the Government of
21
Israel has demonstrated the successful comple-
22
tion of the knowledge points, technical mile-
23
stones, and Production Readiness Reviews re-
24
quired by the research, development, and tech-
25
nology agreement and the bilateral co-produc-
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1
tion agreement for the David’s Sling Weapon
2
System; and
3
(B) an assessment detailing any risks re-
4
lating to the implementation of such agreement.
5
(c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
6
GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM
7 CO-PRODUCTION.—
8
(1) IN GENERAL.—Subject to paragraph (2), of
9
the funds authorized to be appropriated for fiscal
10
year 2026 for procurement, Defense-wide, and avail-
11
able for the Missile Defense Agency not more than
12
$100,000,000 may be provided to the Government of
13
Israel for the Arrow 3 Upper Tier Interceptor Pro-
14
gram, including for co-production of parts and com-
15
ponents in the United States by United States in-
16
dustry.
17
(2) CERTIFICATION.—The Under Secretary of
18
Defense for Acquisition and Sustainment shall sub-
19
mit to the appropriate congressional committees a
20
certification that—
21
(A) the Government of Israel has dem-
22
onstrated the successful completion of the
23
knowledge points, technical milestones, and
24
Production Readiness Reviews required by the
25
research, development, and technology agree-
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1
ment for the Arrow 3 Upper Tier Interceptor
2
Program;
3
(B) funds specified in paragraph (1) will
4
be provided on the basis of a one-for-one cash
5
match made by Israel or in another matching
6
amount that otherwise meets best efforts (as
7
mutually agreed to by the United States and
8
Israel);
9
(C) the United States has entered into a
10
bilateral international agreement with Israel
11
that establishes, with respect to the use of such
12
funds—
13
(i) in accordance with subparagraph
14
(D), the terms of co-production of parts
15
and components on the basis of the great-
16
est practicable co-production of parts, com-
17
ponents, and all-up rounds (if appropriate)
18
by United States industry and minimizes
19
nonrecurring engineering and facilitization
20
expenses to the costs needed for co-produc-
21
tion;
22
(ii) complete transparency on the re-
23
quirement of Israel for the number of
24
interceptors and batteries that will be pro-
25
cured, including with respect to the pro-
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curement plans, acquisition strategy, and
2
funding profiles of Israel;
3
(iii) technical milestones for co-pro-
4
duction of parts and components and pro-
5
curement;
6
(iv) a joint affordability working
7
group to consider cost reduction initiatives;
8
and
9
(v) joint approval processes for third-
10
party sales; and
11
(D) the level of co-production described in
12
subparagraph (C)(i) for the Arrow 3 Upper
13
Tier Interceptor Program is not less than 50
14
percent.
15
(d) NUMBER.—In carrying out paragraph (2) of sub-
16 section (b) and paragraph (2) of subsection (c), the Under
17 Secretary may submit—
18
(1) one certification covering both the David’s
19
Sling Weapon System and the Arrow 3 Upper Tier
20
Interceptor Program; or
21
(2) separate certifications for each respective
22
system.
23
(e) TIMING.—The Under Secretary shall submit to
24 the congressional defense committees the certification and
25 assessment under subsection (b)(3) and the certification
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1 under subsection (c)(2) not later than 30 days before the
2 funds specified in paragraph (1) of subsections (b) and
3 (c) for the respective system covered by the certification
4 are provided to the Government of Israel.
5
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
6
FINED.—In this section, the term ‘‘appropriate congres-
7 sional committees’’ means the following:
8
(1) The congressional defense committees.
9
(2) The Committee on Foreign Relations of the
10
Senate.
11
(3) The Committee on Foreign Affairs of the
12
13
House of Representatives.
SEC.
1658.
LIMITATION
ON
AUTHORITY
TO
REDUCE
14
SUSTAINMENT FOR OR HALT OPERATION OF
15
THE AN/FPS–108 COBRA DANE RADAR.
16
(a) LIMITATION.—Until the date on which the certifi-
17 cation described in subsection (b) is submitted to the con18 gressional defense committees, the Secretary of Defense—
19
(1) may not reduce sustainment efforts for, halt
20
operation of, or prepare to reduce sustainment ef-
21
forts for or halt operation of, the AN/FPS–108
22
COBRA DANE radar located at Eareckson Air Sta-
23
tion on Shemya Island, Alaska;
24
(2) shall sustain the AN/FPS–108 COBRA
25
DANE radar in a manner that preserves, at a min-
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1
imum, the operational availability of the system as
2
of the date of the enactment of this section; and
3
(3) shall ensure that the AN/FPS–108 COBRA
4
DANE radar continues to meet the operational re-
5
quirements of the combatant commands that are
6
met by such system as of the date of the enactment
7
of this section.
8
(b) CERTIFICATION DESCRIBED.—The certification
9 described in this subsection is a written certification from
10 the Secretary of Defense, in consultation with the Chief
11 of Space Operations and the Director of the Missile De12 fense Agency, indicating that the replacement capability
13 for the AN/FPS–108 COBRA DANE radar—
14
(1) will reach initial operational capability at
15
the same time or before the termination of oper-
16
ations for the AN/FPS–108 COBRA DANE radar;
17
and
18
(2) at the time such replacement capability
19
achieves initial operational capability, will have the
20
ability to meet the operational requirements of the
21
combatant commands that have been, or that are ex-
22
pected to be, assigned to such replacement capa-
23
bility.
24
(c) EXCEPTION.—The limitation described in sub-
25 section (a) shall not apply to temporary interruptions of
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1 operational availability for the AN/FPS–108 COBRA
2 DANE radar provided such activities are necessary to sup3 port maintenance or modernization activities of the sys4 tem.
5
SEC. 1659. LIMITATION ON AVAILABILITY OF FUNDS PEND-
6
ING
7
BASED MISSILE DEFENSE CAPABILITY.
8
Of the funds authorized to be appropriated by this
INDEPENDENT
ANALYSIS
OF
SPACE-
9 Act or otherwise made available for fiscal year 2026 for
10 Operation and Maintenance, Defense-Wide, and available
11 to the Office of the Under Secretary of Defense for Re12 search and Engineering for travel purposes, not more than
13 90 percent may be obligated or expended until the date
14 on which the Secretary of Defense submits the report re15 quired by section 1671(d) of the National Defense Author16 ization Act for Fiscal Year 2024 (Public Law 118–31).
17
SEC. 1660. ASSESSMENT OF THE RONALD REAGAN BAL-
18
LISTIC MISSILE DEFENSE TEST SITE.
19
(a) REQUIREMENT.—Consistent with section 4173(i)
20 of title 10, United States Code, the Director of the De21 partment of Defense Test Resource Management Center
22 shall—
23
(1) not later than March 31 of each year
24
through 2030, visit the Ronald Reagan Ballistic
25
Missile Defense Test Site and assess the state of in-
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1
frastructure supporting test and evaluation facilities
2
of the Department of Defense; and
3
(2) not later than 30 days after the date on
4
which a visit under paragraph (1) is completed, pro-
5
vide the congressional defense committees a briefing
6
on the findings of the Director with respect to such
7
visit and assessment.
8
(b) DELEGATION.—The Director may delegate a visit
9 under subsection (a)(1) to a senior staff member of the
10 Department of Defense Test Resource Management Cen11 ter if—
12
(1) the Director notifies the congressional de-
13
fense committees of the intent of the Director to
14
make such delegation; and
15
(2) a 30-day period elapses following the date
16
17
of such notification.
SEC.
1661.
BIENNIAL
ASSESSMENTS
OF
THE
RONALD
18
REAGAN BALLISTIC MISSILE DEFENSE TEST
19
SITE.
20
(a) BIENNIAL ASSESSMENTS.—In 2027 and in each
21 odd-numbered year thereafter through 2033, the Chair22 man of the Joint Chiefs of Staff, in coordination with the
23 Commander of the United States Strategic Command, the
24 Commander of the United States Space Command, the
25 Commander of the United States Indo-Pacific Command,
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1 and the commanders of such other combatant commands
2 as the Chairman considers appropriate, shall assess the
3 capabilities and capacity, including with respect to sup4 porting infrastructure, of the Ronald Reagan Ballistic
5 Missile Defense Test Site to meet the operational and
6 weapon system development needs of the combatant com7 mands.
8
(b) REPORT
TO
SECRETARY
OF
DEFENSE.—Not
9 later than February 28 of each even-numbered year fol10 lowing a year for which an assessment under subsection
11 (a) is completed, the Chairman shall submit to the Sec12 retary of Defense a report containing—
13
14
(1) the findings of the Chairman with respect
to the assessment;
15
(2) an identification and discussion of any ca-
16
pability or capacity gap or other shortfall with re-
17
spect to the operational and weapon system develop-
18
ment needs described in subsection (a);
19
(3) an identification and discussion of any risks
20
with respect to meeting current and future mission
21
or capability requirements (as of the date of the re-
22
port); and
23
(4) an identification and discussion of any mat-
24
ter having an adverse effect on the capability of the
25
commanders of the combatant commands to accu-
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1
rately determine the matters covered by the assess-
2
ment.
3
(c) REPORT TO CONGRESS.—Not later than March
4 15 of each year during which the Chairman submits to
5 the Secretary a report under subsection (b), the Secretary
6 shall submit to the congressional defense committees such
7 report, without change, together with additional views the
8 Secretary considers appropriate.
Subtitle E—Matters Relating to Un10
identified
Anomalous
Phe11
nomena
9
12
SEC. 1671. BRIEFINGS ON INTERCEPTS OF UNIDENTIFIED
13
ANOMALOUS PHENOMENA BY NORTH AMER-
14
ICAN AEROSPACE DEFENSE COMMAND AND
15
UNITED STATES NORTHERN COMMAND.
16
(a) IN GENERAL.—Section 1683(l) of the National
17 Defense Authorization Act for Fiscal Year 2022 (50
18 U.S.C. 3373(l)) is amended by adding at the end the fol19 lowing new paragraph:
20
‘‘(5) INTERCEPTS.—
21
‘‘(A) IN GENERAL.—Each briefing under
22
this subsection shall include, for the period cov-
23
ered by the briefing, details on any unidentified
24
anomalous phenomena intercepts conducted by
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1
the North American Aerospace Defense Com-
2
mand or the United States Northern Command.
3
‘‘(B) SUMMARIES.—In providing a briefing
4
under this subsection, the Director of the Office
5
shall make available a summary of all instances
6
of intercepts described in subparagraph (A), in-
7
cluding—
8
‘‘(i) the number, location, and nature
9
of such intercepts; and
10
‘‘(ii) a description of the procedures
11
and protocols followed during the inter-
12
cepts, including any data collected or ana-
13
lyzed during such intercepts.
14
‘‘(C) TIMELY INFORMATION.—The Direc-
15
tor of the Office shall inform the appropriate
16
congressional committees of any failure by the
17
North American Aerospace Defense Command
18
or the United States Northern Command to
19
provide timely information on unidentified
20
anomalous phenomena intercepts.’’.
21
(b) FIRST BRIEFING.—Notwithstanding paragraph
22 (5) of such section, as added by subsection (a), for the
23 first briefing provided under such section after the date
24 of the enactment of this Act, the briefing shall include de25 tails on any unidentified anomalous phenomena intercepts
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1 conducted by the North American Aerospace Defense
2 Command or the United States Northern Command not
3 previously provided that occurred during the period begin4 ning on January 1, 2004, and ending on the last day of
5 the period otherwise covered by the briefing.
6
SEC. 1672. ELIMINATION OF DUPLICATIVE REPORTING RE-
7
QUIREMENTS RELATING TO UNIDENTIFIED
8
ANOMALOUS PHENOMENA.
9
(a) REPEAL.—Section 413 of the Intelligence Author-
10 ization Act for Fiscal Year 2022 (division X of Public Law
11 117–103; 50 U.S.C. 3373a) is repealed.
12
(b) CLARIFICATION OF AVAILABILITY OF DATA.—
13 Subparagraph (A) of section 1683(f)(1) of the National
14 Defense Authorization Act for Fiscal Year 2022 (Public
15 Law 117–103; 50 U.S.C. 3373(f)(1)) is amended to read
16 as follows:
17
‘‘(A) AVAILABILITY OF DATA.—The Direc-
18
tor of National Intelligence and the Secretary
19
of Defense shall jointly require that each ele-
20
ment of the intelligence community and compo-
21
nent of the Department of Defense with data
22
relating to unidentified anomalous phenomena
23
makes such data available immediately to the
24
Office in a manner that protects intelligence
25
sources and methods.’’.
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1
SEC. 1673. ACCOUNTING OF SECURITY CLASSIFICATION
2
GUIDES RELATING TO UNIDENTIFIED ANOM-
3
ALOUS PHENOMENA.
4
(a) ACCOUNTING.—Not later than 180 days after the
5 date of the enactment of this Act, the Director of the All6 Domain Anomaly Resolution Office—
7
(1) shall make an accounting of security classi-
8
fication guides that apply to information used for re-
9
ports and investigations of unidentified anomalous
10
phenomena; and
11
(2) may issue a consolidated security classifica-
12
tion matrix for programs relating to unidentified
13
anomalous phenomena to provide a resource for pro-
14
grams that support or may be affected by investiga-
15
tions relating to unidentified anomalous phenomena.
16
(b) INCLUSION IN ANNUAL REPORT.—The Director
17 shall include in the report submitted during 2026 under
18 section 1683(k) of the National Defense Authorization Act
19 for Fiscal Year 2022 (50 U.S.C. 3373(k)) information on
20 the security classification guides and consolidated security
21 classification matrix specified in subsection (a).
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2
Subtitle F—Matters Relating to
Electromagnetic Warfare
3
SEC. 1681. MODIFICATION OF FUNCTIONS OF ELECTRO-
4
MAGNETIC SPECTRUM ENTERPRISE OPER-
5
ATIONAL
6
MAGNETIC SPECTRUM OPERATIONS TO IN-
7
CLUDE DYNAMIC SPECTRUM SHARING TECH-
8
NOLOGIES.
1
9
LEAD
FOR
JOINT
ELECTRO-
Section 500e of title 10, United States Code, is
10 amended—
11
(1) in subsection (b)—
12
(A) by striking ‘‘responsible for synchro-
13
nizing’’ and inserting the following: ‘‘respon-
14
sible for—
15
‘‘(1) synchronizing’’;
16
(B) by striking the period at the end and
17
inserting ‘‘; and’’; and
18
(C) by adding at the end the following new
19
paragraph:
20
‘‘(2) the evaluation of tactics, techniques, and
21
procedures for dynamic spectrum sharing tech-
22
nologies for joint electromagnetic operations.’’; and
23
24
25
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(2) in subsection (c)—
(A) by redesignating paragraph (4) as
paragraph (6); and
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1
(B) by inserting after paragraph (3) the
2
following new paragraphs:
3
‘‘(4) An assessment of any current gaps in eval-
4
uation mechanisms for future joint use of dynamic
5
spectrum sharing technologies.
6
‘‘(5) The feasibility and advisability of estab-
7
lishing designated virtual ranges for the evaluation
8
of tactics, techniques, and procedures for dynamic
9
spectrum sharing technologies.’’.
10
SEC. 1682. INTEGRATION OF ELECTRONIC WARFARE INTO
11
TIER 1 AND TIER 2 JOINT TRAINING EXER-
12
CISES.
13
(a) IN GENERAL.—Chapter 25 of title 10, United
14 States Code, is amended by adding at the end the fol15 lowing new section:
16 ‘‘§ 500g. Integration of electronic warfare into Tier 1
17
and Tier 2 joint training exercises
18
‘‘(a) REQUIREMENT.—During fiscal years 2026
19 through 2030, the Chairman of the Joint Chiefs of Staff
20 shall require the integration of offensive and defensive
21 electronic warfare capabilities into Tier 1 and Tier 2 joint
22 training exercises.
23
‘‘(b) INCLUSION OF OPPOSING FORCE.—The Chair-
24 man shall require exercises conducted under subsection (a)
25 to include an opposing force design based on an intel-
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1 ligence assessment of the electromagnetic order of battle
2 and capabilities of an adversary that is current as of the
3 date of the exercise.
4
‘‘(c) WAIVER.—The Chairman may waive the applica-
5 tion of subsection (a) or (b) with respect to an exercise
6 if the Chairman determines that—
7
‘‘(1) the exercise does not require—
8
‘‘(A) a demonstration of electronic warfare
9
capabilities; or
10
‘‘(B) a militarily significant threat from
11
electronic warfare attack; or
12
‘‘(2) the integration of offensive and defensive
13
electronic warfare capabilities into the exercise is
14
cost prohibitive or not technically feasible based on
15
the overall goals of the exercise.
16
‘‘(d) BRIEFING.—Concurrent with the submission of
17 the budget of the President to Congress pursuant to sec18 tion 1105(a) of title 31, United States Code, for each of
19 fiscal years 2026 through 2030, the Chairman shall pro20 vide the congressional defense committees with a briefing
21 on exercises conducted under subsection (a) that in22 cludes—
23
‘‘(1) a description of such exercises planned and
24
included in the budget submission for that fiscal
25
year; and
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1
2
‘‘(2) the results of each such exercise conducted
in the preceding fiscal year, including—
3
‘‘(A) the extent to which offensive and de-
4
fensive electronic warfare capabilities were inte-
5
grated into the exercise;
6
‘‘(B) an evaluation and assessment of the
7
exercise to determine the impact of the oppos-
8
ing force on the participants in the exercise, in-
9
cluding—
10
‘‘(i) joint lessons learned;
11
‘‘(ii) high interest training issues; and
12
‘‘(iii) high interest training require-
13
ments; and
14
‘‘(C) an assessment as to whether offensive
15
and defensive electronic warfare capabilities
16
were part of an overall joint fires and, if so, a
17
description of the manner in which such capa-
18
bilities were incorporated into the joint fires.
19
‘‘(e) DEFINITIONS.—In this section:
20
‘‘(1) The term ‘electromagnetic order of battle’
21
has the meaning given such term in Joint Publica-
22
tion 3–85 entitled ‘Joint Electromagnetic Spectrum
23
Operations’, dated May 2020.
24
‘‘(2) The terms ‘high interest training issue’,
25
‘high interest training requirement’, ‘Tier 1’, and
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1
‘Tier 2’ have the meanings given such terms in the
2
Joint Training Manual for the Armed Forces of the
3
United States (Document No. CJCSM 3500.03E),
4
dated April 20, 2015.
5
‘‘(3) The term ‘joint fires’ has the meaning
6
given such term in the publication of the Joint Staff
7
entitled ‘Insights and Best Practices Focus Paper on
8
Integration and Synchronization of Joint Fires’,
9
dated July 2018.’’.
10
SEC. 1683. ANNUAL REVIEW OF THE JOINT ELECTRO-
11
MAGNETIC
12
WARE PROGRAM.
13
BATTLE
MANAGEMENT
SOFT-
(a) ARRANGEMENT.—The Commander of the United
14 States Strategic Command shall seek to enter into an ar15 rangement with a federally funded research and develop16 ment center to perform the services covered by this sec17 tion.
18
(b) ANNUAL REVIEWS.—
19
(1) IN GENERAL.—Under an arrangement be-
20
tween the Commander and a federally funded re-
21
search and development center under subsection (a),
22
the federally funded research and development cen-
23
ter shall, not less frequently than once each fiscal
24
year, carry out a review of the Joint Electro-
25
magnetic Battle Management Software Program.
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1
(2) ELEMENTS.—In carrying out a review
2
under paragraph (1), the federally funded research
3
and development center shall assess—
4
(A) whether the Electromagnetic Battle
5
Management Software Program—
6
(i) is using best practices, including
7
those developed by the Comptroller General
8
of the United States;
9
(ii) is adequately meeting require-
10
ments; and
11
(iii) is adequately adhering to price
12
and schedule; and
13
(B) such other matters as the federally
14
funded research and development center con-
15
siders important to meeting the mission of the
16
program.
17
(c) BRIEFING.—Not later than September 30 of each
18 year through 2031, the Commander and the federally
19 funded research and development center, either each indi20 vidually or jointly, shall provide to the congressional de21 fense committees a briefing on the most recently com22 pleted review carried out under this section.
23
(d) SUNSET.—The arrangement entered into under
24 subsection (a) shall terminate on October 1, 2031.
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1
SEC. 1684. SUPPORT BY THE 350TH SPECTRUM WARFARE
2
WING TO EA–37B COMPASS CALL AIRCRAFT.
3
(a) REQUIREMENT.—The Secretary of the Air Force
4 shall ensure that the 350th Spectrum Warfare Wing can
5 adequately support the EA–37B Compass Call aircraft,
6 including establishment of an EA–37 software-in-the-loop
7 and hardware-in-the-loop laboratory for the 350th Spec8 trum Warfare Wing for—
9
(1) the rapid reprogramming of spectrum wave-
10
forms;
11
(2) verification and validation testing of wave-
12
forms; and
13
(3) such other matters as the Secretary con-
14
siders necessary for the continued development of
15
the EA–37B to effectively operate in a nonpermis-
16
sive spectrum environment.
17
(b) NOTIFICATION OF NECESSARY TIMEFRAME.—
18 Not later than March 31, 2026, the Secretary shall submit
19 to the congressional defense committees a notification of
20 the timeframe necessary to establish the software-in-the21 loop and hardware-in-the-loop laboratory under subsection
22 (a).
Subtitle G—Other Matters
23
24
25
SEC. 1691. COOPERATIVE THREAT REDUCTION FUNDS.
(a) FUNDING ALLOCATION.—Of the $282,830,000
26 authorized to be appropriated to the Department of Deg:\VHLC\120725\120725.005.xml
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1 fense for fiscal year 2026 in section 301 and made avail2 able by the funding table in division D for the Department
3 of Defense Cooperative Threat Reduction Program estab4 lished under section 1321 of the Department of Defense
5 Cooperative Threat Reduction Act (50 U.S.C. 3711), the
6 following amounts may be obligated for the purposes spec7 ified:
8
9
(1) For delivery system threat reduction,
$6,249,000.
10
11
(2) For chemical security and elimination,
$25,292,000.
12
(3) For global nuclear security, $38,134,000.
13
(4)
14
$137,686,000.
For
biological
threat
reduction,
15
(5) For proliferation prevention, $47,146,000.
16
(6) For activities designated as Other Assess-
17
ments/Administration Costs, $28,323,000.
18
(b) SPECIFICATION OF COOPERATIVE THREAT RE-
19
DUCTION FUNDS.—Funds appropriated pursuant to the
20 authorization of appropriations in section 301 and made
21 available by the funding table in division D for the Depart22 ment of Defense Cooperative Threat Reduction Program
23 shall be available for obligation for fiscal years 2026,
24 2027, and 2028.
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1
(c) MATTERS CONCERNING BIOLOGICAL THREAT
2 REDUCTION.—
3
(1) REDUCTION OF HIGHLY PATHOGENIC DIS-
4
EASES.—In carrying out biological threat reduction
5
activities pursuant to subsection (a)(4), the Sec-
6
retary of Defense may not discontinue activities to
7
reduce the threat of highly pathogenic diseases con-
8
sistent with section 1321 of the Department of De-
9
fense Cooperative Threat Reduction Act (50 U.S.C.
10
3711), including through the provision of assistance
11
to maintain existing pathogenic inventory and dis-
12
ease surveillance systems at existing locations devel-
13
oped under the Program.
14
(2) REPORT.—The Secretary shall ensure that
15
the report submitted in fiscal year 2027 under sec-
16
tion 1343 of the Department of Defense Cooperative
17
Threat Reduction Act (50 U.S.C. 3743(c)(3)) in-
18
cludes a description of the activities and assistance
19
described in paragraph (1) carried out during fiscal
20
year 2026, as required by subsection (c)(3) of such
21
section.
22
SEC. 1692. PROHIBITION ON ACCESS TO DEPARTMENT OF
23
DEFENSE CLOUD-BASED RESOURCES BY CER-
24
TAIN INDIVIDUALS.
25
(a) ACCESS PROHIBITION.—
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1
(1) PROHIBITION FOR INDIVIDUALS LOCATED
2
IN COVERED NATIONS.—The
3
shall prohibit any individual physically located in a
4
covered nation from having any of the accesses de-
5
scribed in paragraph (2).
6
7
Secretary of Defense
(2) ACCESSES DESCRIBED.—The accesses described in this paragraph are the following:
8
(A) Physical access to any facility, hard-
9
ware, or equipment that hosts or operates a De-
10
partment of Defense cloud computing system.
11
(B) Logical or remote access to a Depart-
12
ment of Defense cloud computing system, in-
13
cluding with respect to management interfaces,
14
virtualization platforms, security controls, or
15
monitoring systems.
16
(C) Logical or remote access to Depart-
17
ment of Defense data or workloads on a De-
18
partment of Defense cloud computing system,
19
including with respect to applications, configu-
20
rations, network architecture, data schemas, se-
21
curity settings, access logs or other information
22
that could compromise the confidentiality, in-
23
tegrity, or availability of the system, software,
24
or data.
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1
(D) Indirect access to confidential and
2
technical information not publicly available
3
about a Department of Defense cloud com-
4
puting system through observation, documenta-
5
tion, briefings, or other communication means
6
(excluding administrative data normally shared
7
to support business operations and compliance
8
requirements applied to publicly traded compa-
9
nies).
10
(b) DEPARTMENT OF DEFENSE GUIDANCE, DIREC-
11
TIVES,
12
TIONS.—The Secretary shall—
PROCEDURES, REQUIREMENTS,
AND
REGULA-
13
(1) review all relevant guidance, directives, pro-
14
cedures, requirements, and regulations of the De-
15
partment of Defense, including the Cloud Computing
16
Security Requirements Guide, the Security Technical
17
Implementation Guides, and related instructions of
18
the Department; and
19
(2) make such revisions as may be necessary to
20
ensure conformity and compliance with subsection
21
(a).
22
(c) BRIEFINGS.—The Secretary shall provide to the
23 congressional defense committees briefings on the imple24 mentation of this section as follows:
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1
(1) Not later than June 1, 2026, an initial
2
briefing on the implementation status, including
3
policies, procedures, and controls implemented to
4
carry out this section.
5
(2) Not later than June 1, 2027, and annually
6
thereafter through 2028, briefings on the implemen-
7
tation progress, effectiveness of controls, security in-
8
cidents, and recommendations for legislative or ad-
9
ministrative action.
10
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
11 tion shall be construed to prohibit or restrict—
12
(1) software development activities, including
13
the development, modification, or contribution to
14
open-source code and software; or
15
(2) collaboration on or access to publicly avail-
16
able open-source software components that may be
17
incorporated into Department of Defense cloud com-
18
puting systems.
19
(e) DEFINITIONS.—ln this section:
20
(1) The term ‘‘covered nation’’ has the meaning
21
given that term in section 4872 of title 10, United
22
States Code.
23
(2) The term ‘‘Department of Defense cloud
24
computing system’’ means any cloud computing (as
25
defined by section 239.7601 of the Defense Federal
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1
Acquisition Regulation Supplement) environment ac-
2
credited by the Secretary of Defense for controlled
3
unclassified information or classified information, or
4
a cloud computing environment that is a national se-
5
curity system (as defined by section 3552(b)(6) of
6
title 44).
7
8
TITLE XVII—OTHER DEFENSE
MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Copyright to a literary work produced by a civilian faculty member
of the Uniformed Services University of Health Sciences in the
course of such employment: free use by the Federal Government.
Sec. 1703. Temporary authority for nonimmigrant construction workers on
Wake Island.
Sec. 1704. Mapping and report on strategic ports.
Sec. 1705. Authorization of United States Coast Guard rotary aircraft work at
Department of Defense depots.
Sec. 1706. Continual assessment of impact of international state arms embargoes on Israel and actions to address defense capability gaps.
Sec. 1707. Protection of certain facilities and assets from unmanned aircraft.
9
10
SEC. 1701. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
11 United States Code, is amended as follows:
12
(1) In the chapter analysis for subtitle A, by
13
striking the item relating to chapter 243 and insert-
14
ing the following:
‘‘243. Other Matters Relating to Awarding of Contracts ... 3341’’.
15
(2) In the tables of chapters at the beginning
16
of part I of such subtitle, by striking the item relat-
17
ing to chapter 25 and inserting the following:
‘‘25. Electromagnetic Warfare ......................................................
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500’’.
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1
(3) In section 132a—
2
(A) in the section heading, by striking
officer’’
3
‘‘improvement
4
‘‘Improvement Officer’’; and
and
inserting
5
(B) in subsection (c)(1), by striking ‘‘Na-
6
tional Defense Authorization Act of Fiscal Year
7
2008’’ and inserting ‘‘National Defense Author-
8
ization Act for Fiscal Year 2008’’.
9
(4) In section 139a, by striking ‘‘section 2334’’
10
each place it appears and inserting ‘‘section 3221’’.
11
(5) In section 183a(h)(3), by striking the semi-
12
colon and inserting a comma.
13
(6) In section 222d(c)—
14
(A) by inserting ‘‘that term’’ after ‘‘mean-
15
ing given’’; and
16
(B) by inserting ‘‘and Sustainment’’ after
17
‘‘Under Secretary of Defense for Acquisition’’.
18
(7) In chapter 9, by redesignating the second
19
section 222e (relating to unfunded priorities of the
20
Under Secretary of Defense for Research and Engi-
21
neering: annual report) as section 222f.
22
(8) In the section heading for section 430c, by
23
striking ‘‘intelligence oversight official’’ and
24
inserting ‘‘Intelligence Oversight Official’’.
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1
2
(9) In section 525(a)(4)(C), by striking the period after ‘‘21’’.
3
(10) In chapter 40, by redesignating section
4
711 (relating to parental leave for members of cer-
5
tain reserve components of the armed forces) as sec-
6
tion 710a (and conforming the table of contents with
7
respect to the section number and heading).
8
9
(11) In subsection (a)(2) of such section 710a,
as so redesignated—
10
(A) in subparagraph (A), by striking ‘‘sub-
11
paragraph (A)’’ each place it appears and in-
12
serting ‘‘paragraph (1)’’; and
13
(B) in subparagraph (B)—
14
(i) by striking ‘‘subparagraph (A)’’
15
and inserting ‘‘paragraph (1)’’;
16
(ii) by striking ‘‘clause (i)’’ and in-
17
serting ‘‘subparagraph (A)’’; and
18
(iii) by striking the semicolon that ap-
19
pears after the period.
20
21
(12) In section 714(b)(6)(A), in the second sentence, by inserting ‘‘a’’ before ‘‘determination’’.
22
23
(13) In section 1143(e)(1), by striking ‘‘(A)’’
and inserting ‘‘(A)’’.
24
25
(14) In section 1558(c)(1), by striking the
comma after ‘‘Space Force’’.
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1
(15) In section 1749—
2
(A) in subsection (b)(4), by striking ‘‘em-
3
phasizes—’’ and inserting ‘‘emphasize—’’; and
4
(B) in subsection (c)—
5
(i) in the matter preceding paragraph
6
(1), by inserting ‘‘shall’’ after ‘‘program’’;
7
(ii) in paragraph (2)—
8
(I) by striking ‘‘has’’ and insert-
9
ing ‘‘have’’; and
10
(II) by striking ‘‘can’’ and insert-
11
ing ‘‘the ability to’’; and
12
(C) in subsection (f), by inserting ‘‘sub-
13
section’’ before ‘‘(a)’’ each place it appears.
14
(16) In section 2107(k), by striking the sub-
15
section heading.
16
(17) In section 2218, in each of subsections
17
(c)(1)(D) and (k)(3)(B), by striking ‘‘section 11 of
18
the Merchant Ship Sales Act of 1946 (50 U.S.C.
19
4405)’’ and inserting ‘‘section 57100 of title 46’’.
20
21
(18) In section 2818(a), by striking ‘‘contact’’
and inserting ‘‘contract’’.
22
23
(19) In section 2819(e), by inserting ‘‘the’’ before ‘‘congressional defense committees’’.
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1
(20) In the tables of chapters at the beginning
2
of part V of such subtitle, by striking the item relat-
3
ing to chapter 326 and inserting the following:
‘‘327. Weapon Systems Development and Related Matters 4401’’.
4
(21) In the tables of chapters at the beginning
5
of part V of such subtitle, by striking the item relat-
6
ing to chapter 383 and inserting the following:
‘‘383. Development, Application, and Support of DualUse Technologies ................................................... 4831’’.
7
(22) In the subsection heading for subsection
8
(c) of section 3072, by striking ‘‘EFFORTS’’ and in-
9
serting ‘‘INITIATIVES’’.
10
11
(23) In section 3601(a)(1)(C), by inserting ‘‘)’’
after ‘‘(22 U.S.C. 2651a(m))’’.
12
13
(24) In section 3603(a), by striking ‘‘Such a
pathway shall include the following:’’.
14
15
(25) In section 3702(a)(3)(B)(ii), by striking
‘‘offereor’’ and inserting ‘‘offeror’’.
16
17
(26)
In
section
4127(d)(9),
by
striking
‘‘pursing’’ and inserting ‘‘pursuing’’.
18
(27) In section 4022(e)(1), by striking ‘‘Under-
19
secretary of Defense’’ each place it appears and in-
20
serting ‘‘Under Secretary of Defense’’.
21
(28) In chapter 303, by redesignating the sec-
22
ond section 4128 (relating to the Joint Federated
23
Assurance Center) as section 4129.
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1
2
(29) In section 4663(a), by inserting ‘‘if such
entity’’ before ‘‘is a party’’.
3
4
(30) In section 4816(b)(6), by inserting ‘‘)’’
after ‘‘title’’.
5
(31) In section 4872(e)(1), by striking ‘‘the
6
Secretary of Defense of the Secretary or the Sec-
7
retary of the military department concerned’’ and in-
8
serting ‘‘the Secretary of Defense or the Secretary
9
of the military department concerned’’.
10
(32) In section 5502, in the section heading, by
11
striking ‘‘defense agency’’ and inserting ‘‘De-
12
fense Agency’’.
13
(33) In section 5513, in the section heading, by
14
striking ‘‘missile defense agency’’ and insert-
15
ing ‘‘Missile Defense Agency’’.
16
(34) In section 5531(b) is amended—
17
(A) by striking ‘‘paragraph (1)’’ both
18
places it appears and inserting ‘‘subsection
19
(a)’’;
20
(B) in paragraph (1), by striking ‘‘sub-
21
paragraph (B)’’ and inserting ‘‘paragraph (2)’’;
22
and
23
(C) in paragraph (2), by striking ‘‘sub-
24
paragraph (A)’’ and inserting ‘‘paragraph (1)’’.
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1257
1
2
(35) In section 7361(a)(2), by striking ‘‘Vietnam Era’’ and inserting ‘‘Vietnam era’’.
3
(36) In section 8679a, by striking ‘‘a foreign
4
adversary country (as defined in section 4872(d)(2)
5
of title 10, United States Code)’’ and inserting ‘‘a
6
covered nation, as defined in section 4872(f) of this
7
title’’.
8
(37) In section 9062a, in the section heading,
9
by striking the period that appears after ‘‘struc-
10
ture’’.
11
12
(38) In section 9361(a)(2), by striking ‘‘Vietnam Era’’ and inserting ‘‘Vietnam era’’.
13
(39) In section 9531, in the section heading, by
14
striking the period that appears after ‘‘Reserve’’.
15
(40) In section 10216(f), by striking the period
16
that appears after ‘‘62’’.
17
(41) In the tables of chapters at the beginning
18
of part III of subtitle E, by striking the item relat-
19
ing to chapter 1413 and inserting the following:
‘‘1413. Alternative Promotion Authority for Officers in
Designated Competitive Categories ...............15101’’.
20
21
(42) In section 14504(b), by striking ‘‘the the
Secretary’’ and inserting ‘‘the Secretary’’.
22
23
(43) In section 20251(a), by striking ‘‘and’’ before ‘‘14504’’.
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1258
1
(b) COORDINATION WITH OTHER AMENDMENTS
2 MADE BY THIS ACT.—For purposes of applying amend3 ments made by provisions of this Act other than this sec4 tion, the amendments made by this section shall be treated
5 as having been enacted immediately before any such
6 amendments by other provisions of this Act.
7
SEC. 1702. COPYRIGHT TO A LITERARY WORK PRODUCED
8
BY A CIVILIAN FACULTY MEMBER OF THE
9
UNIFORMED
10
HEALTH SCIENCES IN THE COURSE OF SUCH
11
EMPLOYMENT: FREE USE BY THE FEDERAL
12
GOVERNMENT.
13
SERVICES
UNIVERSITY
OF
(a) USE BY FEDERAL GOVERNMENT.—Section 105
14 of title 17, United States Code, is amended, in subsection
15 (d)(2)—
16
(1) by redesignating subparagraphs (L) through
17
(N) as subparagraphs (M) through (O), respectively;
18
(2) by inserting after subparagraph (K) the fol-
19
lowing new subparagraph (L):
20
‘‘(L) Uniformed Services University of the
21
22
Health Sciences.’’.
(b) CONFORMING AMENDMENTS.—Such section is
23 further amended, in subsection (c)—
24
(1) in paragraph (1), by striking ‘‘subpara-
25
graphs (A) through (K) of subsection (d)(2) and
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1259
1
subparagraph (L)’’ and inserting ‘‘subparagraphs
2
(A) through (L) of subsection (d)(2) and subpara-
3
graph (M)’’;
4
5
(2) in paragraph (2), by striking ‘‘subsection
(d)(2)(L)’’ and inserting ‘‘subsection (d)(2)(M)’’;
6
(3) in paragraph (3), by striking ‘‘subsection
7
(d)(2)(M)’’ and inserting ‘‘subsection (d)(2)(N)’’;
8
and
9
(4) in paragraph (4), by striking ‘‘subsection
10
(d)(2)(N)’’ and inserting ‘‘subsection (d)(2)(O)’’.
11
SEC. 1703. TEMPORARY AUTHORITY FOR NONIMMIGRANT
12
CONSTRUCTION WORKERS ON WAKE ISLAND.
13
(a) AUTHORIZATION.—An alien, if otherwise quali-
14 fied, may seek admission to the United States as a non15 immigrant under section 101(a)(15)(H)(ii)(b) of the Im16 migration
and
Nationality
Act
(8
U.S.C.
17 1101(a)(15)(H)(ii)(b)), notwithstanding the requirement
18 of such section that the service or labor be temporary, for
19 a period of up to 3 years, to perform a service or labor
20 pursuant to a contract or subcontract related to construc21 tion, repairs, or renovations connected to, supporting, or
22 associated with, a military installation on Wake Island.
23
(b) EXEMPTION FROM NUMERICAL LIMITATIONS.—
24 An alien admitted pursuant to subsection (a) shall not
25 count against the numerical limitations set forth in section
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1260
1 214(g) of the Immigration and Nationality Act (8 U.S.C.
2 1184(g)).
3
(c) CANCELLATION OF VISAS FOR MISUSE.—A visa
4 or other document authorizing admission of an alien to
5 the United States for the purpose of performing a service
6 or labor related to construction on Wake Island shall be
7 canceled if the alien enters an area within the United
8 States other than Wake Island, Guam, the Commonwealth
9 of Northern Mariana Islands, or a United States Minor
10 Outlying Island in the Pacific.
11
(d) TRANSFERABILITY.—Notwithstanding any other
12 provision of law—
13
(1) an alien admitted to Guam pursuant to
14
6(b)(1)
15
1806(b)(1)) may perform a service or labor pursuant
16
to a contract or subcontract related to construction,
17
repairs, or renovations connected to, supporting, or
18
associated with, a military installation on Wake Is-
19
land; and
of
Public
Law
94–241
(48
U.S.C.
20
(2) an alien admitted to the Commonwealth of
21
the Northern Mariana Islands pursuant to 6(b)(1)
22
of Public Law 94–241 (48 U.S.C. 1806(b)(1)) may
23
perform a service or labor pursuant to a contract or
24
subcontract related to construction, repairs, or ren-
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1261
1
ovations connected to, supporting, or associated
2
with, a military installation on Wake Island.
3
(e) PERIOD OF APPLICABILITY.—An alien may seek
4 admission to the United States pursuant to subsection (a)
5 during the period beginning on the date of enactment of
6 this section and ending on December 31, 2030.
7
8
SEC. 1704. MAPPING AND REPORT ON STRATEGIC PORTS.
(a) MAPPING AND STRATEGY REQUIRED.—
9
(1) MAPPING OF GLOBAL PORTS.—The Sec-
10
retary of State, in coordination with the Secretary of
11
Defense, shall—
12
(A) develop an updated, global mapping of
13
foreign and domestic ports identified to be of
14
importance to the United States, because of a
15
capability to provide military, diplomatic, eco-
16
nomic, or resource exploration superiority; and
17
(B) identify any efforts by the Government
18
of the People’s Republic of China (PRC) or
19
other PRC entities to build, buy, or otherwise
20
control, directly or indirectly, such ports.
21
(2) SUBMISSION OF MAP.—The Secretary of
22
State, in coordination with the Secretary of Defense,
23
shall submit the mapping developed pursuant to sub-
24
section (a) to the appropriate congressional commit-
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1262
1
tees. Such submission shall be in unclassified form,
2
but may include a classified annex.
3
(b) STUDY AND REPORT ON STRATEGIC PORTS.—
4
(1) STUDY REQUIRED.—The Secretary of State,
5
in coordination with the Secretary of Defense, shall
6
conduct a study of—
7
(A) strategic ports;
8
(B) the reasons such ports are of interest
9
to the United States;
10
(C) the activities and plans of the Govern-
11
ment of the People’s Republic of China (PRC)
12
to expand its control over strategic ports out-
13
side of the People’s Republic of China;
14
(D) the public and private actors, such as
15
China Ocean Shipping Company, that are exe-
16
cuting and supporting the activities and plans
17
of the Government of the PRC to expand its
18
control over strategic ports outside of the PRC;
19
(E) the activities and plans of the Govern-
20
ment of the PRC to expand its control over
21
maritime logistics by promoting products, such
22
as LOGINK, and setting industry standards
23
outside the PRC;
24
(F) how the control by the Government of
25
the PRC over strategic ports outside of the
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1263
1
PRC could harm the national security or eco-
2
nomic interests of the United States and allies
3
and partners of the United States; and
4
(G) measures the United States Govern-
5
ment could take to ensure open access and se-
6
curity for strategic ports and offer alternatives
7
to PRC investments or stakes in strategic ports.
8
(2) CONDUCT OF STUDY.—The Secretary of
9
State and the Secretary of Defense may enter into
10
an arrangement with a federally funded research
11
and development center under which the center shall
12
conduct the study required under subsection (a).
13
(3) REPORT.—
14
(A) IN GENERAL.—Not later than one year
15
after the date of the enactment of this Act, the
16
Secretary of State, in coordination with the
17
Secretary of Defense, shall submit to the appro-
18
priate congressional committees a report on the
19
findings of the study conducted under sub-
20
section (a).
21
22
(B) ELEMENTS.—The report required by
paragraph (1) shall include—
23
(i) a detailed list of all known stra-
24
tegic ports operated, controlled, or owned,
25
directly or indirectly, by the PRC or by a
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1264
1
foreign person of the PRC, and an assess-
2
ment of the national security and economic
3
interests relevant to each such port;
4
(ii) a detailed list of all known stra-
5
tegic ports operated, controlled, or owned,
6
directly or indirectly, by the United States
7
or United States persons and an assess-
8
ment of the national security and economic
9
interests relevant to each such port;
10
11
(iii) an assessment of vulnerabilities
of—
12
(I) ports operated, controlled, or
13
owned, directly or indirectly, by the
14
United States; and
15
(II) strategic ports;
16
(iv) an analysis of the activities and
17
actions of the Government of the PRC to
18
gain control or ownership over strategic
19
ports, including promoting products, such
20
as LOGINK, and setting industry stand-
21
ards;
22
(v) an assessment of how the Govern-
23
ment of the PRC plans to expand its con-
24
trol over strategic ports outside of the
25
PRC;
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1
(vi) a suggested strategy, developed in
2
consultation with the heads of the relevant
3
United States Government offices, that
4
suggests courses of action to secure trusted
5
investment and ownership of strategic
6
ports and maritime infrastructure, protect
7
such ports and infrastructure from PRC
8
control, and ensure open access and secu-
9
rity for such ports, that includes—
10
(I) a list of relevant existing au-
11
thorities that can be used to carry out
12
the strategy;
13
(II) a list of any additional au-
14
thorities necessary to carry out the
15
strategy;
16
(III) an assessment of products
17
owned by the Government of the PRC
18
or by an entity headquartered in the
19
PRC that are used in connection with
20
strategic ports or maritime infrastruc-
21
ture;
22
(IV) an assessment of the costs
23
to—
24
(aa) secure such trusted in-
25
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vestment and ownership;
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1266
1
(bb) replace products owned
2
by the Government of the PRC
3
or an entity headquartered in the
4
PRC that are used in connection
5
with such ports; and
6
(cc) enhance transparency
7
around the negative impacts of
8
PRC control over strategic ports;
9
and
10
(V) a list of funding sources to
11
secure trusted investment and owner-
12
ship of strategic ports, which shall in-
13
clude—
14
(aa) an identification of pri-
15
vate funding sources; and
16
(bb)
an
identification
of
17
public funding sources, including
18
loans, loan guarantees, and tax
19
incentives; and
20
(vii) a suggested strategy for Federal
21
agencies to maintain an up-to-date list of
22
strategic ports.
23
(viii) an assessment of any national
24
security threat posed by such investments
25
or activities to United States diplomatic
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1267
1
and defense personnel and facilities in the
2
vicinity of such ports, including through
3
cyber threats, electronically enabled espio-
4
nage, or other means.
5
(C) FORM OF REPORT.—The report re-
6
quired by paragraph (1) shall be submitted in
7
unclassified form, but may include a classified
8
annex.
9
(c) DEFINITIONS.—In this section:
10
11
(1) The term ‘‘appropriate congressional committees’’ means—
12
(A) the Committee on Commerce, Science,
13
and Transportation, the Committee on Armed
14
Services, the Committee on Foreign Relations,
15
and the Select Committee on Intelligence of the
16
Senate; and
17
(B) the Committee on Transportation and
18
Infrastructure, the Committee on Energy and
19
Commerce, the Committee on Armed Services,
20
the Committee on Foreign Affairs, and the Per-
21
manent Select Committee on Intelligence of the
22
House of Representatives.
23
(2) The term ‘‘relevant United States Govern-
24
ment offices’’ means—
25
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(A) the Unified Combatant Commands;
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1268
1
(B) the Office of the Secretary of Defense;
2
(C) the Office of the Secretary of State;
3
(D) the United States International Devel-
4
opment Finance Corporation;
5
(E) the Office of the Director of National
6
Intelligence; and
7
(F) the Maritime Administration of the
8
Department of Transportation.
9
(3) The term ‘‘strategic port’’ means an inter-
10
national port or waterway that the heads of the rel-
11
evant United States Government offices determine is
12
critical to the national security or economic pros-
13
perity of the United States.
14
SEC. 1705. AUTHORIZATION OF UNITED STATES COAST
15
GUARD ROTARY AIRCRAFT WORK AT DE-
16
PARTMENT OF DEFENSE DEPOTS.
17
(a) IN GENERAL.—On a reimbursable basis and sub-
18 ject to subsection (b), the Secretary of Defense is author19 ized to conduct rotary aircraft work for the United States
20 Coast Guard at any depot of the Department of Defense.
21
(b) CERTIFICATION.—Before the Secretary of De-
22 fense may use the authority under subsection (a) during
23 any fiscal year, the Commandant of the Coast Guard shall
24 submit to the appropriate congressional committees an an-
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1269
1 nual certification for that year that includes each of the
2 following:
3
(1) Certification that the Coast Guard Aviation
4
Logistics Center has reached or exceeded its capac-
5
ity to conduct required maintenance.
6
(2) Certification that the use of the authority
7
under subsection (a) will not have a negative effect
8
on the workforce of the Coast Guard Aviation Logis-
9
tics Center.
10
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—
11 In this section, the term ‘‘appropriate congressional com12 mittees’’ means—
13
(1) the Committee on Armed Services and the
14
Committee on Transportation and Infrastructure of
15
the House of Representatives; and
16
(2) the Committee on Armed Services and the
17
Committee on Commerce, Science, and Transpor-
18
tation of the Senate.
19
SEC. 1706. CONTINUAL ASSESSMENT OF IMPACT OF INTER-
20
NATIONAL
21
ISRAEL AND ACTIONS TO ADDRESS DEFENSE
22
CAPABILITY GAPS.
23
(a)
24
MENT.—
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REQUIREMENT
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STATE
FOR
ARMS
EMBARGOES
CONTINUOUS
ON
ASSESS-
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1270
1
(1) IN GENERAL.—The Secretary of Defense, in
2
consultation with the Secretary of State and the Di-
3
rector of National Intelligence, shall conduct a con-
4
tinual assessment of—
5
(A) the scope, nature, and impact on
6
Israel’s defense capabilities of current and
7
emerging arms embargoes, sanctions, restric-
8
tions, or limitations imposed by foreign coun-
9
tries or by international organizations; and
10
(B) the resulting gaps or vulnerabilities in
11
Israel’s security posture against shared regional
12
adversaries, such as Iran and Iranian-backed
13
terrorist groups such as Hamas, Palestinian Is-
14
lamic Jihad, and Hezbollah, and its ability to
15
maintain its qualitative military edge.
16
(2) FREQUENCY.—The assessment required
17
under paragraph (1) shall be updated not less than
18
once every 180 days.
19
(b) POTENTIAL UNITED STATES MITIGATION.—
20
(1) IDENTIFICATION OF NEEDS.—Each assess-
21
ment required under subsection (a) shall also include
22
a determination of specific defensive capabilities,
23
systems, or technologies that Israel is unable to pro-
24
cure, sustain, or modernize due to arms embargoes
25
or restrictions.
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1
(2) UNITED STATES ACTIONS.—The Secretary
2
of Defense, in coordination with the Secretary of
3
State, shall identify potential actions the United
4
States may take to mitigate such gaps in defensive
5
capabilities, including—
6
(A) addressing barriers to the delivery of
7
defense articles or services under the foreign
8
military sales program;
9
(B) to the extent possible without under-
10
mining United States requirements or readi-
11
ness, leveraging United States industrial base
12
capacity to provide substitute defensive capabili-
13
ties;
14
(C) expanding joint research, development,
15
and production of defense technologies; and
16
(D)
17
18
enhancing
cooperative
training,
prepositioning, and logistics support.
(c) REPORTS TO CONGRESS.—
19
(1) IN GENERAL.—Not later than 120 days
20
after the date of enactment of this section, and an-
21
nually thereafter, the Secretary of Defense shall sub-
22
mit to the congressional defense committees a report
23
on the findings of the most recent assessment con-
24
ducted under subsection (a).
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1
(2) FORM.—The report required by paragraph
2
(1) shall be submitted in unclassified form and may
3
contain a classified annex.
4
(d) SUNSET.—The requirement to conduct continual
5 assessments under this section shall terminate 5 years
6 after the date of enactment of this section.
7
SEC. 1707. PROTECTION OF CERTAIN FACILITIES AND AS-
8
SETS FROM UNMANNED AIRCRAFT.
9
Section 130i of title 10, United States Code, is
10 amended—
11
(1) in subsection (a)—
12
(A) by striking ‘‘any provision of title 18’’
13
and inserting ‘‘section 32, 1030, or 1367 or
14
chapter 119 or 206 of title 18’’; and
15
(B) by striking ‘‘and’’ after ‘‘officers’’ and
16
inserting a comma; and
17
(C) by inserting ‘‘, and contractors’’ after
18
‘‘civilian employees’’;
19
(2) in subsection (b)(1)(B) by inserting ‘‘, in-
20
cluding through the use of remote identification
21
broadcast or other means’’ after ‘‘electromagnetic
22
means’’;
23
24
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(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ before ‘‘Any’’; and
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1273
1
(B) by adding at the end the following new
2
3
paragraph:
‘‘(2) Any forfeiture conducted under paragraph (1)
4 shall be made subject to the requirements for civil, crimi5 nal, or administrative forfeiture.’’;
6
(4) in subsection (d)—
7
(A) in paragraph (2), by adding at the end
8
9
the following new subparagraph:
‘‘(C) If the Secretary of Transportation notifies the
10 Secretary of Defense that the manner of implementation
11 of this section by the Department of Defense would result
12 in an adverse impact to civil aviation safety, the Secretary
13 of Defense shall consult with the Secretary of Transpor14 tation to mitigate adverse impacts.’’; and
15
(B) by adding at the end the following new
16
17
paragraph:
‘‘(3) The Secretary of Defense shall ensure that the
18 regulations prescribed or guidance issued under paragraph
19 (1) require that, when taking an action described in sub20 section (b)(1), all due consideration is given to—
21
‘‘(A) mitigating impacts on privacy and civil lib-
22
erties under the first and fourth amendments to the
23
Constitution of the United States;
24
25
‘‘(B) mitigating damage to, or loss of, real and
personal property;
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1274
1
2
‘‘(C) mitigating any risk of personal injury or
death; and
3
‘‘(D) when practicable, obtaining the identifica-
4
tion of, or issuing a warning to, the operator of an
5
unmanned aircraft system or unmanned aircraft
6
prior to taking action under subparagraphs (C)
7
through (F) of subsection (b)(1), unless doing so
8
would—
9
10
11
12
‘‘(i) endanger the safety of members of the
armed forces or civilians;
‘‘(ii) create a flight risk or result in the destruction of evidence; or
13
‘‘(iii) seriously jeopardize an investigation,
14
criminal proceeding, or legal proceeding pursu-
15
ant to subsection (c).’’;
16
(5) in subsection (e)—
17
(A) in paragraph (1)—
18
19
(i) by striking ‘‘or’’ before ‘‘acquisition’’ and inserting a comma;
20
21
(ii) by inserting ‘‘, maintenance, or
use’’ after ‘‘acquisition’’;
22
23
(iii) by inserting ‘‘first and’’ before
‘‘fourth’’; and
24
25
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1275
1
(B) in paragraph (2), by striking ‘‘a func-
2
tion of the Department of Defense’’ and insert-
3
ing ‘‘an action described in subsection (b)(1)’’;
4
and
5
(C) in paragraph (3)—
6
(i) in the matter preceding subpara-
7
graph (A), by striking ‘‘not maintained’’
8
and inserting ‘‘maintained only for as long
9
as necessary, and in no event maintained’’;
10
(ii) in subparagraph (A), by striking
11
‘‘support one or more functions of the De-
12
partment of Defense’’ and inserting ‘‘inves-
13
tigate or prosecute a violation of law or to
14
directly support an ongoing security oper-
15
ation’’; and
16
(iii) in subparagraph (B), by striking
17
‘‘for a longer period to support a civilian
18
law enforcement agency or by any other
19
applicable law or regulation’’ and inserting
20
‘‘under Federal law or for the purpose of
21
any litigation’’;
22
(6) in paragraph (4)—
23
24
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1
‘‘(A) is necessary to support an ongoing
2
action described in subsection (b)(1);’’;
3
(B) in subparagraph (B), by striking ‘‘or’’
4
after the semicolon;
5
(C) by redesignating subparagraph (C) as
6
subparagraph (D); and
7
(D) by inserting after subparagraph (B)
8
the following new subparagraph (C):
9
‘‘(C) is necessary to support the counter-
10
unmanned aircraft systems activities of another
11
Federal agency with authority to mitigate the
12
threat of unmanned aircraft systems or un-
13
manned aircraft in mitigating such threats; or’’;
14
(7) by redesignating subsection (j) as sub-
15
section (m);
16
(8) by striking subsection (i);
17
(9) by redesignating subsection (h) as sub-
18
section (j);
19
20
(10) by redesignating subsections (f) and (g) as
subsections (g) and (h) respectively;
21
(11) by inserting after subsection (e) the fol-
22
lowing new subsection (f):
23
‘‘(f) CLAIMS.—Claims for loss of property, injury, or
24 death pursuant to actions under subsection (b) may be
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1277
1 made consistent with chapter 171 of title 28, and chapter
2 163 of this title, as applicable.’’;
3
4
(12) in subsection (h), as redesignated under
paragraph (10) of this section—
5
6
7
8
9
(A) in the subsection heading, by striking
‘‘BRIEFINGS’’ and inserting ‘‘REPORTS’’;
(B) by redesignating paragraph (2) as
paragraph (3);
(C) in paragraph (1)—
10
11
(i) by striking ‘‘2018’’ and inserting
‘‘2026’’;
12
(ii) by striking ‘‘and the Secretary of
13
Transportation, shall jointly provide a
14
briefing to the appropriate congressional
15
committees on the activities carried out
16
pursuant to this section. Such briefings
17
shall include—’’ and inserting ‘‘shall sub-
18
mit to the appropriate congressional com-
19
mittees and publish on a publicly available
20
website a report summarizing all detection
21
and mitigation activities conducted under
22
this section during the previous year to
23
counter unmanned aircraft systems.’’; and
24
(iii) by inserting before subparagraph
25
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1
‘‘(2) Each report under paragraph (1) shall include—
2 ’’; and
3
(D) in paragraph (3), as redesignated
4
under subparagraph (B) of this paragraph, by
5
striking ‘‘but may’’ and inserting ‘‘and shall’’;
6
(13) by inserting after subsection (h) the fol-
7
lowing new subsection (i):
8
‘‘(i) BRIEFING, REPORT, AND PUBLICATION.—(1)
9 Not later than 180 days after the date of the enactment
10 of this subsection, and annually thereafter, the Secretary
11 of Defense shall submit to the appropriate congressional
12 committees and publish on a publicly available website a
13 report summarizing all detection and mitigation activities
14 conducted under this section during the previous year to
15 counter unmanned aircraft systems.
16
‘‘(2) Each report under paragraph (1) shall include—
17
‘‘(A) information on any violation of, or failure
18
to comply with, the privacy and civil liberties protec-
19
tions referenced in this section by personnel author-
20
ized to conduct detection and mitigation activities,
21
including a description of any such violation or fail-
22
ure;
23
‘‘(B) data on the number of detection activities
24
conducted, the number of mitigation activities con-
25
ducted, and the number of instances of communica-
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1
tions interception from an unmanned aircraft sys-
2
tem;
3
‘‘(C) whether any unmanned aircraft that expe-
4
rienced mitigation was engaged in or attempting to
5
engage in activities protected under the first amend-
6
ment to the Constitution if such intent is readily and
7
reasonably ascertainable;
8
‘‘(D) whether any unmanned aircraft or un-
9
manned aircraft system was properly or improperly
10
seized, disabled, damaged, or destroyed and an iden-
11
tification of any methods used to seize, disable, dam-
12
age, or destroy such aircraft or system; and
13
‘‘(E) a description of the efforts of the Federal
14
Government to protect privacy and civil liberties
15
when carrying out detection and mitigation activities
16
under this section to counter unmanned aircraft sys-
17
tems.
18
‘‘(3) Each report required under paragraph (1) shall
19 be submitted and published in unclassified form, but may
20 include a classified annex.’’;
21
(14) by inserting after subsection (j) the fol-
22
lowing new subsections:
23
‘‘(k) INTERAGENCY EXECUTIVE COMMITTEES
ON
24 EXECUTION OF DEPARTMENT OF DEFENSE COUNTER
25 UNMANNED AVIATION AUTHORITY.—(1) The Secretary of
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1 Defense, the Attorney General, and the Administrator of
2 the Federal Aviation Administration shall jointly establish
3 by memorandum of understanding an interagency execu4 tive committee (referred to in this subsection as the ‘exec5 utive committee’), for the purpose of exchanging views, in6 formation, and advice relating to the execution of this sec7 tion.
8
‘‘(2) The memorandum of understanding entered into
9 under paragraph (1) shall include—
10
‘‘(A) a description of the officials and other in-
11
dividuals to be invited to participate as members in
12
the executive committee;
13
14
‘‘(B) a procedure for creating a forum to carry
out the purpose described in paragraph (1);
15
‘‘(C) a procedure for rotating the Chairperson
16
and meeting location of the executive committee; and
17
‘‘(D) a procedure for scheduling regular meet-
18
ings of the executive committee no fewer than three
19
times each calendar year.
20
‘‘(l) ADDITIONAL ANNUAL REPORT.—Not later than
21 April 1 of each year this section is in force, the Secretary
22 of Defense shall submit to the Committee on Armed Serv23 ices of the House of Representatives and the Committee
24 on Armed Services of the Senate a report containing—
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1
2
‘‘(1) a summary of the use of activities described in subsection (b);
3
‘‘(2) an identification of additional missions of
4
the Department of Defense for which the actions de-
5
scribed in subsection (b)(1) are appropriate, as iden-
6
tified by the Secretary and including the specific list
7
of facilities, installations, or assets, if any, that
8
would be included if protections described in sub-
9
section (b)(1) were extended to facilities associated
10
with the missions in such report;
11
12
‘‘(3) an updated copy of the memorandum of
understanding required by subsection (k);
13
‘‘(4) a summary of actions taken by the inter-
14
agency executive committee required by subsection
15
(k);
16
‘‘(5) a summary of recommendations produced
17
by each member of the interagency executive com-
18
mittee required by subsection (k), disaggregated by
19
department or agency; and
20
‘‘(6) a summary of actions taken as a result of
21
meetings or decisions taken by the interagency exec-
22
utive committee required by subsection (k) to change
23
procedures, regulations, guidelines, or other gov-
24
erning instruction of the Department of Defense re-
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1
lating to the use of authority provided by this sec-
2
tion.’’;
3
4
(15) in subsection (m)(3), as redesignated by
paragraph (7) of this section—
5
(A)
by
redesignating
paragraphs
(3)
6
through (6) as paragraphs (4) through (7), re-
7
spectively;
8
(B) by inserting after paragraph (2) the
9
following new paragraph (3):
10
‘‘(3) The term ‘contractor’ means a person
11
who—
12
‘‘(A) performs functions that support or
13
carry out actions authorized in this section pur-
14
suant to a contract or subcontract entered into
15
with an entity of the Department of Defense;
16
and
17
‘‘(B) has completed training for the
18
counter-unmanned aircraft system the person
19
will use in performance of such functions, as
20
certified by the Secretary of Defense.’ ’’’; and
21
22
(C) in paragraph (4), as redesignated by
subparagraph (A) of this paragraph—
23
(i) in the matter preceding subpara-
24
graph (A), by striking ‘‘ ‘covered facility or
25
asset’ means any facility or asset that—’’
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1
and inserting ‘‘ ‘covered facility or asset—
2
’ ’’;
3
(ii) in subparagraph (C), by redesig-
4
nating clauses (i) through (ix) as sub-
5
clauses (I) through (IX), respectively;
6
(iii) by redesignating subparagraphs
7
(A) through (C) as clauses (i) through
8
(iii);
9
(iv) by inserting before clause (i), as
10
redesignated by subparagraph (C) of this
11
paragraph, the following:
12
‘‘(A) means any facility or asset that—’’;
13
(v) in subparagraph (A)(iii), as so re-
14
designated—
15
(I) in subclause VIII, as redesig-
16
nated by subparagraph (B) of this
17
paragraph, by striking ‘‘or’’ at the
18
end;
19
(II) in subclause IX, as so redes-
20
ignated, by striking the period at the
21
end and inserting a semicolon; and
22
(III) by adding at the end the
23
following new subclauses:
24
‘‘(X) the physical security of
25
other installations or property owned,
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1
leased, or operated by the Department
2
of Defense to which the public is not
3
permitted regular, unrestricted access,
4
determined by the Secretary on a site
5
by site basis to be critical to the na-
6
tional defense and certified as such to
7
the Secretary of Transportation, the
8
Attorney General, and the appropriate
9
congressional committees; or
10
‘‘(XI)
assistance
to
Federal,
11
State, or local officials in responding
12
to incidents involving nuclear, radio-
13
logical, biological, or chemical weap-
14
ons, high-yield explosives, or related
15
materials or technologies, as well as
16
support pursuant to section 282 of
17
this title; and’’; and
18
(vi) by inserting after subparagraph
19
(A) the following new subparagraph:
20
‘‘(B)
includes
any
persons
physically
21
present at any such facility or asset.’’; and
22
(16) by inserting after subsection (m) the fol-
23
lowing new subsection:
24
‘‘(n) TERMINATION.—The authority to carry out this
25 section shall terminate on December 31, 2030.’’.
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TITLE XVIII—ACQUISITION
REFORM
1
2
Subtitle A—Alignment of the Defense Acquisition System
Sec. 1801. Alignment of the defense acquisition system with the needs of members of the Armed Forces.
Sec. 1802. Establishment of the role of portfolio acquisition executive.
Sec. 1803. Amendments to life-cycle management and product support.
Sec. 1804. Adjustments to certain acquisition thresholds.
Sec. 1805. Modification to acquisition strategy.
Sec. 1806. Matters related to cost accounting standards.
Sec. 1807. Establishment of Project Spectrum.
Subtitle B—Requirements Process Reform
Sec. 1811. Modifications to Joint Requirements Oversight Council.
Sec. 1812. Ensuring successful implementation of requirements reform.
Subtitle C—Matters Relating to Commercial Products and Commercial
Services
Sec. 1821. Modifications to relationship of other provisions of law to procurement of commercial products and commercial services.
Sec. 1822. Modifications to commercial products and commercial services.
Sec. 1823. Modifications to commercial solutions openings.
Sec. 1824. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services.
Sec. 1825. Consumption-based solutions.
Sec. 1826. Exemptions for nontraditional defense contractors.
Sec. 1827. Clarification of conditions for payments for commercial products
and commercial services.
Sec. 1828. Review of commercial products and commercial services acquisition
approach.
Subtitle D—Improvements to Acquisition Programs
Sec. 1831. Modifications to procurement for experimental purposes.
Sec. 1832. Modifications to requirements for modular open system approach.
Sec. 1833. Bridging Operational Objectives and Support for Transition program.
Subtitle E—Modifications to Strengthen the Industrial Base
Sec. 1841. Civil Reserve Manufacturing Network.
Sec. 1842. Transition to advanced manufacturing for certain critical readiness
items of supply.
Sec. 1843. Working group on the advanced manufacturing workforce.
Sec. 1844. Collaborative forum to address challenges to and limitations of the
defense industrial base.
Sec. 1845. Facility clearance acceleration for members of defense industrial
consortiums.
Sec. 1846. Improvements relating to advanced manufacturing.
Sec. 1847. Report on surge capacity in the defense industrial base.
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2
Subtitle A—Alignment of the
Defense Acquisition System
3
SEC. 1801. ALIGNMENT OF THE DEFENSE ACQUISITION SYS-
4
TEM WITH THE NEEDS OF MEMBERS OF THE
5
ARMED FORCES.
1
6
7
(a) OBJECTIVES OF DEFENSE ACQUISITION SYSTEM.—
8
(1) IN GENERAL.—Section 3102 of title 10,
9
United States Code, is amended to read as follows:
10 ‘‘§ 3102. Objectives of the defense acquisition system
11
‘‘(a) IN GENERAL.—The Secretary of Defense shall
12 ensure that the defense acquisition system expeditiously
13 provides the armed forces with the capabilities necessary
14 to operate effectively, to address evolving threats, and to
15 sustain the military advantage of the United States in the
16 most cost-effective manner practicable.
17
‘‘(b) GUIDANCE.—The Secretary of Defense shall
18 issue guidance to carry out subsection (a) and shall ensure
19 that the defense acquisition system prioritizes the needs
20 of end users and is validated by direct engagement, experi21 mentation, and iteration. Such guidance shall require the
22 following:
23
‘‘(1) All activities of the defense acquisition sys-
24
tem contribute to the expeditious delivery of capa-
25
bilities to enhance the operational readiness of the
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1
armed forces and enable the missions of the Depart-
2
ment of Defense.
3
‘‘(2) A leadership culture and organizational
4
structure that empowers individuals in the manage-
5
ment of the defense acquisition system and encour-
6
ages appropriate delegation authority, collaboration,
7
and mission-focused risk-taking.
8
‘‘(3) Sufficient numbers of members of the ac-
9
quisition workforce to support the defense acquisi-
10
tion system, and that such members are properly
11
trained and assigned.
12
‘‘(4) Resource decisions for the defense acquisi-
13
tion system to prioritize best value and seek to bal-
14
ance life-cycle costs, schedule, performance, and
15
quantity through continuous trade-off analysis in-
16
formed by prototyping and direct feedback from end
17
users.
18
‘‘(5) Adoption and integration in the defense
19
acquisition system of advanced approaches in digital
20
engineering, model-based engineering, and simula-
21
tion environments to enable rapid, iterative designs
22
and technology insertion to maximize mission out-
23
comes.
24
‘‘(6) Active pursuit of innovative solutions to
25
enhance effectiveness of the armed forces and re-
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1
sponsiveness to emerging threats, including the ac-
2
quisition and integration of commercial products and
3
commercial services.
4
‘‘(7) Approaches to workforce training and de-
5
velopment that equally balance emphasis on func-
6
tional and technical skills with skills in cross-func-
7
tional integration, critical thinking, and innovative
8
approaches that best deliver solutions to operational
9
problems.’’.
10
11
(2) CONFORMING AMENDMENTS.—
(A) UNDER SECRETARY OF DEFENSE FOR
12
ACQUISITION
13
133b(b) of title 10, United States Code, is
14
amended—
AND
SUSTAINMENT.—Section
15
(i) in paragraph (1), by striking ‘‘de-
16
livering and sustaining timely, cost-effec-
17
tive capabilities for the armed forces (and
18
the Department)’’ and inserting ‘‘delivers
19
end-user capabilities with speed and inno-
20
vation to counter threats and cost-effec-
21
tively sustain the military advantage of the
22
United States’’; and
23
(ii) in paragraph (9)(A), by striking
24
‘‘defense acquisition programs’’ and insert-
25
ing ‘‘the defense acquisition system, in ac-
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cordance with the objectives established
2
pursuant to section 3102 of this title’’.
3
(B) DIRECTOR
OF
OPERATIONAL
TEST
4
AND EVALUATION.—Section 139(b) of title 10,
5
United States Code, as amended by section
6
904, is further amended—
7
(i) by redesignating paragraphs (1)
8
through (7) as paragraphs (2) through (8),
9
respectively; and
10
(ii) by inserting before paragraph (2),
11
as so redesignated, the following new para-
12
graph:
13
‘‘(1) ensure that all operational test and evalua-
14
tion activities are aligned with, and are conducted in
15
a manner that supports, the objectives of the defense
16
acquisition system established pursuant to section
17
3102 of this title;’’.
18
(C) DIRECTOR OF COST ASSESSMENT AND
19
PROGRAM
20
title 10, United States Code, is amended by in-
21
serting ‘‘shall carry out the requirements of this
22
section in accordance with the objectives estab-
23
lished pursuant to section 3102 of this title
24
and’’ before ‘‘shall serve’’.
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EVALUATION.—Section
139a(d) of
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1
2
(b) CIVILIAN MANAGEMENT OF THE DEFENSE ACQUISITION
SYSTEM.—Section 3103 of title 10, United
3 States Code, is amended—
4
(1) in subsection (a), by striking ‘‘to ensure the
5
successful and efficient operation of the defense ac-
6
quisition system’’ and inserting ‘‘in accordance with
7
the objectives of the defense acquisition system es-
8
tablished pursuant to section 3102 of this title’’; and
9
(2) in subsection (b), by striking ‘‘to ensure the
10
successful and efficient operation of such elements of
11
the defense acquisition system.’’ and inserting the
12
following: ‘‘in accordance with the objectives of the
13
defense acquisition system established pursuant to
14
section 3102 of this title. In carrying out this sub-
15
section, each service acquisition executive shall—
16
‘‘(1) implement strategies to adapt rapidly to
17
evolving end-user requirements, validated through
18
end user engagement;
19
‘‘(2) use data analytics to manage trade-offs
20
among life-cycle costs, delivery schedules, perform-
21
ance objectives, technical feasibility, and procure-
22
ment quantity objectives to maximize best value for
23
the end user;
24
‘‘(3) conduct iterative cycles to develop, test
25
with end-users, and terminate capabilities that devi-
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1
ate from priorities or significantly exceed cost or
2
schedule thresholds;
3
‘‘(4) notify the Joint Requirements Oversight
4
Council within 30 days after changes to a defense
5
acquisition program that result in a material dif-
6
ference in capability requirements, procurement
7
quantities, or delivery schedules;
8
‘‘(5) assign personnel to critical acquisition po-
9
sitions (as defined in section 1731 of this title) to
10
build expertise and accountability, equipping such
11
personnel with strategies to empower teams, delegate
12
authority, and embrace mission-focused risk-taking;
13
and
14
‘‘(6) foster mutual transparency and coopera-
15
tion between the Government and private sector en-
16
tities and require collaboration with such entities to
17
ensure delivery of safe, suitable, and effective sys-
18
tems on relevant timelines and on established cost
19
baselines.’’.
20
(c) ACQUISITION-RELATED FUNCTIONS OF SERVICE
21 CHIEFS.—
22
(1) PERFORMANCE OF CERTAIN ACQUISITION-
23
RELATED FUNCTIONS.—Section
24
United States Code, is amended—
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1
(A) by amending the section heading to
2
read
3
functions of service chiefs’’; and
4
as
follows:
‘‘Acquisition-related
(B) in subsection (a)—
5
(i) by striking the ‘‘Chief of Staff of
6
the Army, the Chief of Naval Operations,
7
the Chief of Staff of the Air Force, the
8
Commandant of the Marine Corps, and the
9
Chief of Space Operations assist’’ and in-
10
serting ‘‘service chiefs assist’’;
11
(ii) by inserting ‘‘, in accordance with
12
the objectives established pursuant to sec-
13
tion 3102 of this title,’’ after ‘‘Secretary of
14
the military department concerned’’; and
15
(iii) by amending paragraphs (1)
16
through (7) to read as follows:
17
‘‘(1) The development of capability requirement
18
statements for equipping the armed force concerned
19
that—
20
‘‘(A) describes the operational problem to
21
provide necessary context for the capability re-
22
quirement;
23
24
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operational problems; and
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‘‘(C) ensures system interoperability, where
2
appropriate, between and among joint military
3
capabilities (as defined in section 181 of this
4
title).
5
‘‘(2) Implement strategies to support timely ad-
6
justments to capability requirement statements de-
7
veloped in paragraph (1).
8
‘‘(3) Advise on trade-offs among life-cycle costs,
9
delivery schedules, performance objectives, technical
10
feasibility, and procurement quantity objectives to
11
maximize best value for the end user.
12
13
‘‘(4) In consultation with the Joint Requirements Oversight Council, prioritize—
14
‘‘(A) capability needs for investment; and
15
‘‘(B) resource allocation to meet oper-
16
ational readiness requirements (as defined in
17
section 4324 of this title) and the materiel
18
readiness objectives established under section
19
118(c) of this title.
20
‘‘(5) Make available appropriate personnel to
21
provide end-user feedback for the development of
22
new capabilities.
23
‘‘(6) Recommend modification, discontinuation,
24
or termination of the development of capabilities—
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‘‘(A) that no longer align with a capability
2
requirement established by the Secretary of De-
3
fense; or
4
‘‘(B) that are experiencing significant cost
5
growth, technical or performance deficiencies,
6
or delays in schedule.
7
‘‘(7) Build acquisition career paths for officers
8
and personnel (as required by section 1722a of this
9
title) to ensure such officers and personnel have the
10
necessary skills and opportunities for career progres-
11
sion to fulfill the objectives established pursuant to
12
section 3102 of this title.’’.
13
(2) ADHERENCE TO REQUIREMENTS IN MAJOR
14
DEFENSE
15
3104(b) of such title is amended—
16
ACQUISITION
PROGRAMS.—Section
(A) in paragraph (1)—
17
(i) by striking ‘‘the program capability
18
document supporting a Milestone B or
19
subsequent decision’’ and inserting ‘‘any
20
requirements document’’; and
21
(ii) by striking ‘‘chief of the armed
22
force concerned’’ and inserting ‘‘service
23
chief concerned’’; and
24
(B) in paragraph (2)—
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1
(i) in the matter preceding subpara-
2
graph (A)—
3
(I) by striking ‘‘Chief of the
4
armed force concerned’’ and inserting
5
‘‘service chief concerned’’; and
6
(II) by striking ‘‘chiefs of the
7
armed force concerned’’ and inserting
8
‘‘service chiefs concerned’’;
9
(ii) in subparagraph (A), by striking
10
‘‘prior to entry into the Materiel Solution
11
Analysis Phase under Department of De-
12
fense Instruction 5000.02’’; and
13
(iii) in subparagraph (B), by striking
14
‘‘cost, schedule, technical feasibility, and
15
performance
16
‘‘life-cycle cost, delivery schedule, perform-
17
ance objective, technical feasibility, and
18
procurement quantity trade-offs’’.
19
trade-offs’’
and
inserting
(3) DEFINITIONS.—Section 3104(d) of such
20
title is amended to read as follows:
21
‘‘(d) REQUIREMENTS DOCUMENT DEFINED.—In this
22 section, the term ‘requirements document’ means a docu23 ment that establishes the need for a materiel approach to
24 address an operational problem.’’.
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(d) IMPLEMENTATION.—Not later than 180 days
2 after the date of the enactment of this Act, the Secretary
3 of Defense shall revise Department of Defense Directive
4 5000.01 and any other relevant instructions, policies, or
5 guidance to carry out the requirements of this section and
6 the amendments made by this section.
7
(e) TECHNICAL AMENDMENTS.—
8
9
(1) Section 3101 of title 10, United States
Code, is amended to read as follows:
10 ‘‘§ 3101. Definitions
11
‘‘In this chapter:
12
‘‘(1) The term ‘best value’ means, with respect
13
to an acquisition, the optimal combination of cost,
14
quality, technical capability or solution quality, and
15
delivery schedule.
16
‘‘(2) The term ‘capability requirement’ means a
17
capability that is critical or essential to address an
18
operational problem.
19
‘‘(3) The term ‘cost-effective’ means, with re-
20
spect to an acquisition, delivering superior end-user
21
results at equal or lower cost compared to alter-
22
natives.
23
‘‘(4) The term ‘operational problem’ means—
24
‘‘(A) a challenge of a military department
25
in achieving an assigned military objective
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1
based on current doctrine, emerging threats, or
2
future concepts; and
3
‘‘(B) may include limitations in capabili-
4
ties, capacity, resources, or the ability to effec-
5
tively and efficiently coordinate across the joint
6
force, with another combatant command, or
7
among military capabilities.
8
‘‘(5) The term ‘service chief’ means—
9
‘‘(A) the Chief of Staff of the Army, with
10
respect to matters concerning the Army;
11
‘‘(B) the Chief of Naval Operations, with
12
respect to matters concerning the Navy;
13
‘‘(C) the Commandant of the Marine
14
Corps, with respect to matters concerning the
15
Marine Corps;
16
‘‘(D) the Chief of Staff of the Air Force,
17
with respect to matters concerning the Air
18
Force; and
19
‘‘(E) the Chief of Space Operations, with
20
respect
21
Force.’’.
22
(2) Section 3001(c) of title 10, United States
23
Code, is amended by striking ‘‘this section’’ and in-
24
serting ‘‘this part’’.
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to
matters
concerning
the
Space
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SEC. 1802. ESTABLISHMENT OF THE ROLE OF PORTFOLIO
2
3
ACQUISITION EXECUTIVE.
(a) IN GENERAL.—Subchapter III of chapter 87 of
4 title 10, United States Code, is amended by inserting after
5 section 1731 the following new section:
6 ‘‘§ 1732. Portfolio acquisition executive
7
‘‘(a) IN GENERAL.—A portfolio acquisition executive
8 is the senior acquisition official designated by the compo9 nent acquisition executive or the service acquisition execu10 tive of the military department concerned, as applicable,
11 to lead a portfolio of capabilities, with authority for plans,
12 budgets, and execution of programs assigned to the port13 folio, including life-cycle management.
14
‘‘(b)
REPORTING
RELATIONSHIPS.—To
ensure
15 streamlined accountability for management, the following
16 relationships shall apply:
17
‘‘(1) Each program manager (as defined in sec-
18
tion 1737 of this title) for a defense acquisition pro-
19
gram shall report directly to the portfolio acquisition
20
executive for such program unless otherwise directed
21
by the component acquisition executive or service ac-
22
quisition executive of the military department con-
23
cerned (as applicable).
24
‘‘(2) Each portfolio acquisition executive shall
25
report directly to the component acquisition execu-
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1
tive or the service acquisition executive of the mili-
2
tary department concerned (as applicable).
3
‘‘(3) The component acquisition executive or
4
service acquisition executive of the military depart-
5
ment concerned (as applicable) shall oversee the des-
6
ignation of, performance of, and resource allocation
7
for all portfolio acquisition executives.
8
‘‘(c) RESPONSIBILITIES.—For the defense acquisition
9 programs assigned to a portfolio acquisition executive,
10 such portfolio acquisition executive shall—
11
‘‘(1) ensure that activities carried out under
12
such programs are aligned with, and are conducted
13
in a manner that supports, the objectives of the de-
14
fense acquisition system established pursuant to sec-
15
tion 3102 of this title;
16
‘‘(2) subject to the authority, direction, and
17
control of the component acquisition executive or
18
service acquisition executive of the military depart-
19
ment concerned (as applicable)—
20
‘‘(A) carry out all powers, functions, and
21
duties of the component acquisition executive or
22
service acquisition executive concerned (as ap-
23
plicable) with respect to members of the acqui-
24
sition workforce assigned to the portfolio acqui-
25
sition executive; and
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‘‘(B) ensure that the policies of the Sec-
2
retary of Defense established in accordance
3
with this chapter are implemented in such port-
4
folio;
5
‘‘(3) coordinate with the relevant service chief
6
(as defined in section 3101 of this title) when evalu-
7
ating, modifying, or implementing requirements de-
8
terminations, performance objectives, procurement
9
quantity objectives, and materiel readiness objectives
10
established under section 118(c) of this title;
11
‘‘(4) liaise and collaborate directly with oper-
12
ational users of such defense acquisition programs to
13
receive regular feedback to ensure the effectiveness
14
and suitability of capabilities;
15
‘‘(5) provide timely information to the relevant
16
service chief, the Joint Staff, the Director of Cost
17
Assessment and Program Evaluation, and other offi-
18
cials identified by the Secretary of Defense on cost,
19
schedule, and performance trade-offs of defense ac-
20
quisition programs assigned to the portfolio acquisi-
21
tion executive;
22
‘‘(6) employ iterative development cycles with
23
the authority to modify, discontinue, or terminate
24
the development of capabilities—
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‘‘(A) that no longer align with a joint ca-
2
pability requirement (as defined in section 181
3
of this title) or other capability requirement es-
4
tablished by the Secretary or relevant service
5
chief; or
6
‘‘(B) that are experiencing significant cost
7
growth, technical or performance deficiencies,
8
or delays in schedule;
9
‘‘(7) collaborate with mission engineering func-
10
tions of the Department of Defense to conduct
11
cross-service technical and operational activities to
12
coordinate integration of emerging technologies, pro-
13
totypes, and operational concepts, as appropriate;
14
and
15
16
‘‘(8) ensure effective market research and, to
the maximum extent practical, prioritize—
17
‘‘(A) the use of transactions for prototype
18
projects under section 4022; and
19
‘‘(B) the procurement of commercial prod-
20
ucts and commercial services under chapter 247
21
of this title.
22
‘‘(d) PERSONNEL AND RESOURCES.—(1) The Sec-
23 retary concerned with respect to a portfolio acquisition ex24 ecutive shall ensure that each such portfolio acquisition
25 executive is assigned dedicated personnel and other re-
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1 sources required to successfully perform the assigned du2 ties and responsibilities of such portfolio acquisition execu3 tive.
4
‘‘(2) Personnel shall be under the authority and con-
5 trol of such portfolio acquisition executive subject to the
6 component acquisition executive or service acquisition ex7 ecutive of the department concerned. Personnel and re8 sources shall not be provided through matrixed, collateral
9 duty, or dual-reporting arrangements, except as specifi10 cally authorized by the Secretary concerned in writing.
11
‘‘(3) Personnel and resources required include—
12
‘‘(A) contracting and contract management;
13
‘‘(B) estimating costs;
14
‘‘(C) financial management and business;
15
‘‘(D) life-cycle management and product sup-
16
port;
17
‘‘(E) program management;
18
‘‘(F) engineering and technical management;
19
‘‘(G) developmental testing and evaluation; and
20
‘‘(H) other personnel as determined by the Sec-
21
retary concerned, as appropriate.’’.
22
(b) CONFORMING AMENDMENTS.—
23
(1) COVERED DEFENSE LAWS.—Except as pro-
24
vided in paragraph (2), each covered defense law (as
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defined in section 102 of title 10, United States
2
Code) is amended—
3
(A) by striking the term ‘‘program execu-
4
tive officer’’ and inserting ‘‘portfolio acquisition
5
executive’’ in each place it appears in text or
6
headings;
7
(B) by striking the term ‘‘Program execu-
8
tive officer’’ and inserting ‘‘Portfolio acquisition
9
executive’’ in each place it appears in text or
10
headings;
11
(C) by striking the term ‘‘program execu-
12
tive officers’’ and inserting ‘‘portfolio acquisi-
13
tion executives’’ in each place it appears in text
14
or headings; and
15
(D) by striking the term ‘‘Program execu-
16
tive officers’’ and inserting ‘‘Portfolio acquisi-
17
tion executives’’ in each place it appears in text
18
or headings.
19
(2) EXCEPTION.—Section 1737(a)(4) of title
20
10, United States Code, is amended to read as fol-
21
lows:
22
‘‘(4) The term ‘portfolio acquisition executive’
23
means an individual described in section 1732(a) of
24
this title.’’.
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SEC. 1803. AMENDMENTS TO LIFE-CYCLE MANAGEMENT
2
3
AND PRODUCT SUPPORT.
(a) PRODUCT SUPPORT MANAGER.—
4
(1) IN GENERAL.—Subchapter III of chapter
5
87 of title 10, United States Code, is amended by
6
inserting after section 1732, as added by section
7
1802, the following new section:
8 ‘‘§ 1733. Product support manager
9
‘‘(a) IN GENERAL.—A product support manager is
10 the individual responsible for managing product support
11 required to field and maintain the readiness and oper12 ational capability of a covered system throughout the life
13 cycle of the covered system.
14
‘‘(b) DESIGNATION.—The Secretary of Defense shall
15 designate a product support manager for each covered sys16 tem who shall be coequal with the program manager for
17 such covered system and report directly to the portfolio
18 acquisition executive responsible for such covered system.
19
‘‘(c) OBJECTIVES.—The product support manager
20 shall seek to achieve the objectives of the defense acquisi21 tion system established pursuant to section 3102 of this
22 title and shall identify, develop, implement, incentivize,
23 and measure quantifiable best value outcome-based prod24 uct support that optimizes life-cycle cost, readiness, and
25 operational capability of a covered system.
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‘‘(d) SPECIFIC RESPONSIBILITIES.—A product sup-
2 port manager shall be responsible for the following with
3 respect to a covered system:
4
‘‘(1) Developing and executing the product sup-
5
port strategy required under section 4324 of this
6
title.
7
‘‘(2) Providing product support and subject
8
matter expertise to the relevant program manager
9
and portfolio acquisition executive.
10
11
‘‘(3) Collaborating with chief engineers and systems engineers—
12
‘‘(A)
in
developing
the
life-cycle
13
sustainment plan and product support strategy
14
required under section 4324 of this title; and
15
‘‘(B) to analyze the operating and support
16
costs to ensure cost-effective operation, manage-
17
ment, and availability of the covered system.
18
‘‘(3) Adopting predictive analytics and simula-
19
tion and modeling tools to improve materiel avail-
20
ability and reliability, increase operational avail-
21
ability rates, and reduce operation and sustainment
22
costs.
23
‘‘(4) Conducting product support business case
24
analyses to provide a structured, iterative method-
25
ology to compare and assess the full impact of prod-
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uct support alternatives and provide data-informed
2
recommendations that balance requirements with af-
3
fordability. Such analyses shall—
4
‘‘(A) enable the development of the product
5
support strategy as early as possible, but not
6
later than Milestone B approval has been grant-
7
ed for the covered system; and
8
‘‘(B) inform proposed updates or changes
9
in the product support strategy as needed.
10
‘‘(5) Reviewing and recommending resource al-
11
locations across product support integrators and
12
product support providers to meet performance re-
13
quirements of the product support strategy.
14
‘‘(6) Coordinating product support arrange-
15
ments between product support integrators and
16
product support providers across materiel com-
17
mands, depots, sustainment working capital funds,
18
and commercial entities to execute the product sup-
19
port strategy and maintain updated parts cataloging
20
and provisioning.
21
‘‘(7) Seeking to resolve issues relating to dimin-
22
ishing manufacturing supply, material shortages,
23
critical readiness items of supply.
24
‘‘(8) Managing the end-to-end coordination
25
process related to qualification, certification, and
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testing of alternative sources of supply for critical
2
readiness items of supply.
3
‘‘(9) Ensuring the evaluation and selection of
4
product support integrators and product support
5
providers that are best suited to execute the product
6
support strategy.
7
‘‘(e) DEFINITIONS.—In this section:
8
9
‘‘(1) The term ‘best value’ has the meaning
given in section 3101 of this title.
10
‘‘(2) The terms ‘covered system’, ‘critical readi-
11
ness items of supply’, ‘product support’, ‘product
12
support arrangement’, ‘product support integrator’,
13
and ‘product support provider’ have the meanings
14
given, respectively, in section 4324 of this title.’’.
15
(2) EDUCATION, TRAINING, AND EXPERIENCE
16
REQUIREMENTS
17
AGERS.—Section 1735 title 10, United States Code,
18
is amended—
FOR
PRODUCT
SUPPORT
MAN-
19
(A) by redesignating subsections (c), (d),
20
and (e) as subsections (d), (e), and (f), respec-
21
tively; and
22
23
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(B) by inserting after subsection (b) the
following new subsection:
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1
‘‘(c) PRODUCT SUPPORT MANAGER.—Before being
2 assigned to a position as product support manager, a per3 son—
4
‘‘(1) shall have completed all life-cycle logistics
5
certification and training requirements prescribed by
6
the Secretary of Defense;
7
8
‘‘(2) shall have executed a written agreement as
required in section 1734(b)(2) of this title; and
9
‘‘(3) in the case of—
10
‘‘(A) a product support manager of a
11
major defense acquisition program, shall have
12
at least eight years of experience in life-cycle lo-
13
gistics, at least two years of which were per-
14
formed in a systems program office or similar
15
organization;
16
‘‘(B) a product support manager of a sig-
17
nificant nonmajor defense acquisition program,
18
shall have at least six years of experience in
19
life-cycle logistics; and
20
‘‘(C) a product support manager for a cov-
21
ered system (as defined in section 4324 of this
22
title), shall be designated as a key leadership
23
position.’’.
24
(3)
25
CONFORMING
AMENDMENTS.—Section
1731(a)(1)(B) of title 10, United States Code, is
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amended by adding at the end the following new
2
clause:
3
4
‘‘(iv) Product support manager.’’.
(b) SUSTAINMENT REVIEWS.—Section 4323 of title
5 10, United States Code, is amended to read as follows:
6 ‘‘§ 4323. Sustainment reviews
7
‘‘(a) REVIEW REQUIRED.—The Secretary of Defense
8 shall require each Secretary of a military department, in
9 coordination with the Under Secretary of Defense for Ac10 quisition and Sustainment, to conduct an assessment of
11 the actual performance of each major weapon system
12 against the operational readiness requirements and mate13 riel readiness objectives (established under section 118(c)
14 of this title). Each Secretary of a military department
15 shall use such assessment to—
16
‘‘(1) identify any factors contributing to the
17
failure of a major weapon system to meet such re-
18
quirements and objectives;
19
‘‘(2) develop and implement a corrective action
20
plan to address such factors in an expeditious man-
21
ner; and
22
‘‘(3) inform the submission of materials to Con-
23
gress required by section 118(c)(2) of this title and
24
the development of the future-years defense program
25
required by section 221 of this title.
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‘‘(b) SUBMISSION TO CONGRESS.—Not later than five
2 days after the date on which the budget of the President
3 is submitted to Congress pursuant to section 1105 of title
4 31, each Secretary of a military department, in coordina5 tion with the Under Secretary of Defense for Acquisition
6 and Sustainment, shall submit to the congressional de7 fense committees a report that includes the following:
8
‘‘(1) Findings from a review of the effectiveness
9
of the life-cycle sustainment plan required under sec-
10
tion 4324 of this title for a major weapon system.
11
‘‘(2) A description of how such assessments in-
12
formed the submission of materials to Congress re-
13
quired by section 118(c)(2) of this title and the de-
14
velopment of the future-years defense program re-
15
quired by section 221 of this title.
16
‘‘(3) For a covered system which has been de-
17
clared to meet initial operational capability, and that
18
for two consecutive calendar years has failed to meet
19
established materiel readiness objectives for materiel
20
availability or operational availability (as such terms
21
are defined, respectively, in section 118 of this title),
22
such report shall include—
23
24
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1
‘‘(B) a mitigation plan to address supply,
2
maintenance, or other issues contributing to
3
such failure; and
4
‘‘(C) a description of any corrective action
5
plan required by subsection (a)(2) and an up-
6
date on progress made in implementing such a
7
plan.
8
‘‘(4) A summary of actions taken by the Sec-
9
retary to ensure that each covered system of the
10
military department under the jurisdiction of the
11
Secretary meets the applicable operational readiness
12
requirements and materiel readiness objectives in the
13
most cost-effective manner practicable.
14
‘‘(c) COVERED SYSTEM DEFINED.—In this section,
15 the term ‘covered system’ has the meaning given in section
16 4324 of this title.’’.
17
(c) LIFE-CYCLE MANAGEMENT AND PRODUCT SUP-
18
PORT.—Section 4324 of title 10, United States Code, is
19 amended to read as follows:
20 ‘‘§ 4324. Life-cycle management and product support
21
‘‘(a) IN GENERAL.—The Secretary of Defense shall
22 ensure that each covered system is supported by a per23 formance-based life-cycle sustainment plan—
24
25
‘‘(1) that is approved by the service acquisition
executive responsible for such covered system; and
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‘‘(2) that meets applicable operational readiness
2
requirements and materiel readiness objectives (es-
3
tablished under section 118(c) of this title) in the
4
most cost-effective manner practicable.
5
‘‘(b) LIFE-CYCLE SUSTAINMENT PLAN.—(1) A prod-
6 uct support manager shall develop, update, and implement
7 a life-cycle sustainment plan for each covered system for
8 which the product support manager is responsible. Such
9 plan shall include the following:
10
‘‘(A) A comprehensive product support strategy
11
that addresses each Integrated Product Support Ele-
12
ment in a manner—
13
‘‘(i) to best achieve operational readiness
14
requirements and materiel readiness objectives
15
throughout the planned life cycle of such sys-
16
tem; and
17
‘‘(ii) that allows evaluation and selection of
18
product support integrators and product sup-
19
port providers appropriate to execute the prod-
20
uct support strategy.
21
‘‘(B) A life-cycle cost estimate for the covered
22
system that—
23
24
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‘‘(i) is based on the product support strategy described in subparagraph (A); and
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1313
1
‘‘(ii) if the covered system is a major de-
2
fense acquisition program or major subpro-
3
gram, is developed in accordance with the re-
4
quirements to support a Milestone A approval,
5
Milestone B approval, or Milestone C approval.
6
‘‘(C) Recommended engineering and design con-
7
siderations that support cost-effective sustainment of
8
the covered system and best value solutions in life
9
cycle planning and management.
10
‘‘(D) An intellectual property management plan
11
for product support developed in accordance with
12
section 3774 of this title, including requirements for
13
technical data, software, and modular open system
14
approaches (as defined in section 4401 of this title).
15
‘‘(E) A strategy to maximize use of public and
16
private sector capabilities including public-private
17
partnerships, when appropriate.
18
‘‘(F) After consideration of the views received
19
by the milestone decision authority from appropriate
20
materiel, logistics, or fleet representatives, a plan to
21
transition the covered system from production to ini-
22
tial fielding that addresses specific products or serv-
23
ices required for successful initial fielding of the cov-
24
ered system, including—
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1
‘‘(i) a description of the necessary tooling
2
or other unique support equipment, require-
3
ments for initial spare parts and components,
4
technical handbooks and maintenance manuals,
5
maintenance training, and facilities;
6
‘‘(ii) an identification of the funding re-
7
quired to provide such products and services for
8
any initial fielding location of the covered sys-
9
tem; and
10
‘‘(iii) an assessment of the required num-
11
ber of training simulators, including the initial
12
operational capability and overall fielding of
13
such simulators.
14
‘‘(2) In developing each life-cycle sustainment plan
15 required by this section, the product support manager
16 shall—
17
‘‘(A) consider affordability constraints and key
18
cost factors that could affect operating and support
19
costs during the life cycle of the covered system;
20
‘‘(B) consider sustainment risks or challenges
21
to sustaining the covered system in operational envi-
22
ronments, including contested logistics environments
23
(as defined in section 2926 of this title);
24
‘‘(C) seek to comply with—
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1
‘‘(i) requirements to maintain a core logis-
2
tics capability under section 2464 of this title;
3
and
4
‘‘(ii) limitations on the performance of
5
depot-level maintenance of materiel under sec-
6
tion 2466 of this title;
7
‘‘(D) seek to integrate commercial best prac-
8
tices, use commercial standards, and use advanced
9
technologies to enhance the product support of each
10
covered system; and
11
‘‘(E) seek to maintain a robust, resilient, and
12
innovative defense industrial base to support re-
13
quirements throughout the life cycle of the covered
14
system.
15
‘‘(d) DEFINITIONS.—In this chapter:
16
‘‘(1) The terms ‘milestone decision authority’
17
and ‘Milestone A approval’ have the meanings given,
18
respectively, in section 4251 of this title.
19
‘‘(2) The term ‘Milestone B approval’ and
20
‘Milestone C approval’ has the meaning given in sec-
21
tion 4172 of this title.
22
23
24
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‘‘(3) The term ‘covered system’ means—
‘‘(A) a major defense acquisition program
as defined in section 4201 of this title;
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1316
1
‘‘(B) a major subprogram as described in
2
section 4203 of this title; or
3
‘‘(C) an acquisition program or project
4
that is carried out using the rapid fielding or
5
rapid prototyping acquisition pathway under
6
section 3602 of this title that is estimated by
7
the Secretary of Defense to require an eventual
8
total
9
4201(a)(2) of this title.
10
‘‘(4) The term ‘critical readiness items of sup-
11
expenditure
described
in
section
ply’ means—
12
‘‘(A) parts and systems designated as Mis-
13
sion Impaired Capability Awaiting Parts, Not
14
Mission Capable Supply, or Casualty Report
15
Category 3 or 4 status (as defined by the Sec-
16
retary of Defense or a Secretary of a military
17
department); or
18
‘‘(B) parts or systems designated by the
19
Secretary of Defense as negatively impacting
20
the materiel readiness objectives of a covered
21
system.
22
‘‘(5) The term ‘Integrated Product Support
23
Elements’ means, with respect to a covered sys-
24
tem—
25
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‘‘(A) product support management;
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1317
1
‘‘(B) design interface;
2
‘‘(C) sustaining engineering;
3
‘‘(D) maintenance planning and manage-
4
ment;
5
‘‘(E) supply support;
6
‘‘(F) support equipment;
7
‘‘(G) technical data;
8
‘‘(H) training and training support;
9
‘‘(I) information technology systems con-
10
tinuous support;
11
‘‘(J) facilities and infrastructure;
12
‘‘(K) packaging, handling, storage, and
13
transportation; and
14
‘‘(L) manpower and personnel.
15
‘‘(6) The term ‘product support’ means the
16
package of support functions required to field and
17
sustain the readiness and operational capability of
18
covered systems (including subsystems and compo-
19
nents of such covered systems).
20
‘‘(7) The term ‘product support arrangement’—
21
‘‘(A) means a contract, task order, or an-
22
other contractual arrangement, or any type of
23
agreement or non-contractual arrangement en-
24
tered into by the Federal Government, for the
25
performance of sustainment or logistics support
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1318
1
required for covered systems (including sub-
2
systems and components of such covered sys-
3
tems); and
4
‘‘(B) includes arrangements for any of the
5
following:
6
‘‘(i) Performance-based logistics.
7
‘‘(ii) Sustainment support.
8
‘‘(iii) Contractor logistics support.
9
‘‘(iv) Life-cycle product support.
10
‘‘(8) The term ‘product support integrator’
11
means an entity responsible for integrating private
12
and public sources of product support within the
13
scope of a product support arrangement.
14
‘‘(9) The term ‘product support provider’ means
15
an entity that provides product support functions.’’.
16
(d) CONFORMING AMENDMENTS
17 READINESS METRICS
AND
TO
OBJECTIVES
MATERIEL
FOR
MAJOR
18 WEAPON SYSTEMS.—Section 118 of title 10, United
19 States Code, is amended—
20
21
(1) in the section heading, by inserting ‘‘materiel readiness’’ before ‘‘objectives’’;
22
(2) in subsection (b), by striking ‘‘shall ad-
23
dress’’ and inserting ‘‘shall establish procedures and
24
a computation methodology to determine’’;
25
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(3) in subsection (c)—
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1319
1
(A) in paragraph (1), by striking ‘‘the
2
metrics required’’ and all that follows through
3
the period at the end and inserting ‘‘materiel
4
readiness objectives for each major weapon sys-
5
tem.’’; and
6
(B) in paragraph (2), by striking ‘‘the
7
metrics required by subsection (b)’’ and insert-
8
ing ‘‘such materiel readiness objectives’’;
9
(4) in subsection (d)(2), by striking ‘‘readiness
10
goals or objectives’’ and inserting ‘‘materiel readi-
11
ness objectives’’;
12
(5) in subsection (e), in the matter preceding
13
paragraph (1), by inserting a comma after ‘‘des-
14
ignated mission’’; and
15
(6) in subsection (f)—
16
(A) by redesignating paragraphs (3), (4),
17
and (5) as paragraphs (4), (5), and (6), respec-
18
tively; and
19
(B) by inserting after paragraph (2) the
20
following new paragraph:
21
‘‘(3) The term ‘materiel readiness objective’
22
means the minimum required availability of each
23
covered system that is necessary to fulfill the re-
24
quirements of the strategic framework and guidance
25
referred to in subsection (a).’’.
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1
(e) MAJOR WEAPONS SYSTEMS: ASSESSMENT, MAN-
2
AGEMENT AND CONTROL OF OPERATING AND SUPPORT
3 COSTS.—Section 4325 of title 10, United States Code, is
4 amended—
5
(1) in subsection (b)—
6
(A) in paragraph (1), by inserting ‘‘in ac-
7
cordance with the requirements of section 118
8
of this title and’’ after ‘‘be issued’’;
9
(B) by amending paragraph (3) to read as
10
follows:
11
‘‘(3) require each Secretary of a military de-
12
partment to update estimates of operating and sup-
13
port costs periodically throughout the life cycle of a
14
major weapon system, and make necessary adjust-
15
ments to the life-cycle sustainment plan required by
16
section 4324 of this title to ensure such major weap-
17
on system meets applicable operational readiness re-
18
quirements and materiel readiness objectives (estab-
19
lished in accordance with section 118(c) of this title)
20
in the most cost-effective manner practicable;’’;
21
(C) by amending paragraph (9) to read as
22
follows:
23
‘‘(9) prior to the Milestone B approval (or
24
equivalent approval) for a major weapon system, re-
25
quire the Secretary concerned to ensure the comple-
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1321
1
tion of an intellectual property management plan for
2
product
3
4324(b)(1)(D) of this title; and’’; and
4
support
required
under
section
(D) by amending paragraph (10) to read
5
as follows:
6
‘‘(10) require each Secretary of a military de-
7
partment to create and retain an independent cost
8
estimate for the remainder of the life cycle of the
9
covered weapon system every five years.’’;
10
(2) by striking subsection (c); and
11
(3) by redesignating subsection (d) as sub-
12
section (c).
13
(f) RETENTION OF DATA ON OPERATING AND SUP-
14
PORT COSTS.—
15
(1) IN GENERAL.—The Director of Cost Assess-
16
ment and Program Evaluation shall develop and
17
maintain a database on operating and support esti-
18
mates, supporting documentation, and actual oper-
19
ating and support costs for major weapon systems
20
(as defined in section 101 of title 10, United States
21
Code, as added by section 811 of this Act).
22
(2) SUPPORT.—The Secretary of Defense shall
23
ensure that the Director, in carrying out the require-
24
ments of paragraph (1)—
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1
(A) promptly receives the results of all cost
2
estimates and cost analyses conducted by each
3
Secretary of a military department with regard
4
to operating and support costs of major weapon
5
systems acquired pursuant to a major defense
6
acquisition program (as defined in section 4201
7
of title 10, United States Code); and
8
(B) has timely access to any records and
9
data of military departments (including classi-
10
fied and proprietary information) that the Di-
11
rector considers necessary to carry out such re-
12
quirements.
13
(3) COORDINATION.—The Secretary of Defense
14
may direct each Secretary of a military department,
15
with concurrence of the Under Secretary of Defense
16
for Acquisition and Sustainment, to collect and re-
17
tain information necessary to support the database
18
required in (1).
19
SEC.
1804.
20
21
ADJUSTMENTS
TO
CERTAIN
ACQUISITION
THRESHOLDS.
(a) MAJOR SYSTEM.—Section 3041 of title 10,
22 United States Code, is amended—
23
(1) in subsection (c)(1)—
24
(A) in subparagraph (A), by striking
25
‘‘$115,000,000 (based on fiscal year 1990 con-
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1323
1
stant dollars)’’ and inserting ‘‘$275,000,000
2
(based on fiscal year 2024 constant dollars)’’;
3
and
4
(B) in subparagraph (B), by striking
5
‘‘$540,000,000 (based on fiscal year 1990 con-
6
stant dollars)’’ and inserting ‘‘$1,300,000,000
7
(based on fiscal year 2024 constant dollars)’’;
8
and
9
(2) in subsection (d)(1), by striking ‘‘$750,000
10
(based on fiscal year 1980 constant dollars)’’ and in-
11
serting ‘‘$2,000,000 (based on fiscal year 2024 con-
12
stant dollars)’’.
13
(b) USE OF PROCEDURES OTHER THAN COMPETI-
14
PROCEDURES.—Section 3204(e)(1) of title 10,
TIVE
15 United States Code, is amended—
16
17
(1) by striking ‘‘$10,000,000’’ each place it appears and inserting ‘‘$100,000,000’’;
18
19
(2) by striking ‘‘$75,000,000’’ each place it appears and inserting ‘‘$500,000,000’’; and
20
(3)
in
subparagraph
(B)(i),
by
striking
21
‘‘$500,000’’ and inserting ‘‘$10,000,000’’.
22
(c) MODIFICATIONS TO SUBMISSIONS OF COST OR
23 PRICING DATA.—Section 3702(a) of title 10, United
24 States Code, is amended—
25
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1324
1
(A) by striking ‘‘June 30, 2018’’ each
2
place it appears and inserting ‘‘June 30, 2026’’;
3
(B) in subparagraph (A), by striking
4
‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’;
5
and
6
(C) in subparagraph (B), by striking
7
‘‘$750,000’’ and inserting ‘‘$2,000,000’’;
8
(2) in paragraph (2), by striking ‘‘$2,000,000’’
9
and inserting ‘‘$10,000,000’’; and
10
(3) in subparagraph (3)(A), by striking ‘‘chap-
11
ter and the price of the subcontract is expected to
12
exceed $2,000,000’’ and inserting the following:
13
‘‘chapter and—
14
‘‘(i) in the case of a prime contract
15
entered into after June 30, 2026, the price
16
of the subcontract is expected to exceed
17
$10,000,000; or
18
‘‘(ii) in the case of a prime contract
19
entered into on or before June 30, 2026,
20
the price of the subcontract is expected to
21
exceed $2,000,000.’’.
22
(d) MAJOR DEFENSE ACQUISITION PROGRAMS;
23 DEFINITIONS; EXCEPTIONS.—Section 4201(a)(2) of title
24 10, United States Code, is amended—
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1325
1
(1)
in
subparagraph
(A),
by
striking
2
‘‘$300,000,000 (based on fiscal year 1990 constant
3
dollars)’’ and inserting ‘‘$1,000,000,000 (based on
4
fiscal year 2024 constant dollars)’’; and
5
(2)
in
subparagraph
(B),
by
striking
6
‘‘$1,800,000,000 (based on fiscal year 1990 con-
7
stant
8
(based on fiscal year 2024 constant dollars)’’.
9
SEC. 1805. MODIFICATION TO ACQUISITION STRATEGY.
10
dollars)’’
and
inserting
‘‘$4,500,000,000
(a) IN GENERAL.—Section 4211 of title 10, United
11 States Code, is amended—
12
(1) in subsection (a), by striking ‘‘milestone’’;
13
(2) in subsection (b), by striking the term
14
‘‘milestone’’ each place it appears;
15
(3) in subsection (c)—
16
(A) in paragraph (1)—
17
(i) in matter preceding subparagraph
18
(A), by striking the term ‘‘milestone’’ each
19
place it appears;
20
(ii) by amending subparagraph (A) to
21
read as follows:
22
‘‘(A) the strategy clearly describes the proposed
23
business case and capability management approach
24
for the program or system, and to the maximum ex-
25
tent practicable, describes how capability require-
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1326
1
ments will be met through delivery of such program
2
or system;’’; and
3
(iii) in subparagraph (B), by striking
4
‘‘how the strategy is designed to be imple-
5
mented with available resources, such as
6
time, funding, and management capacity’’
7
and inserting ‘‘the resources, such as time,
8
funding, and management capacity, nec-
9
essary to meet capability requirements’’;
10
and
11
(B) by amending paragraph (2) to read as
12
13
follows:
‘‘(2) Each strategy shall, where appropriate, consider
14 the following:
15
‘‘(A) An approach that delivers required capa-
16
bilities in increments, each depending on available
17
mature technology, and that recognizes up front the
18
need for future capability improvements or transi-
19
tions to alternative end items through use of contin-
20
uous competition.
21
‘‘(B) Requirements related to logistics, mainte-
22
nance, and sustainment in accordance with sections
23
2464 and 2466 of this title, and the acquisition of
24
technical data, computer software, and associated li-
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1327
1
censes, to enable such requirements in accordance
2
with sections 3771 through 3775 of this title.
3
‘‘(C) A process for collaborative interaction and
4
market research with the science and technology
5
community,
6
science and technology reinvention laboratories, gov-
7
ernment innovation cells, academia, small busi-
8
nesses, nontraditional defense contractors, and other
9
contractors.
including
Department
of
Defense
10
‘‘(D) Identification of enterprise-wide designs
11
and standards in support of an architecture that
12
provides for an integrated suite of capabilities that
13
focuses on simplicity of implementation and speed of
14
delivery.
15
‘‘(E) Overarching roadmaps that create inte-
16
grated strategic schedules of legacy systems and new
17
capabilities.
18
‘‘(F) A contracting strategy that develops long-
19
term partnerships with multiple companies to ac-
20
tively contribute to architectures, development, pro-
21
duction, and sustainment across the capabilities to
22
be developed by decomposing large systems into
23
smaller sets of projects across time and technical
24
component.
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1
‘‘(G) An assignment of roles and responsibilities
2
of key personnel of the acquisition workforce, identi-
3
fication of external stakeholder dependencies, and
4
the need for subject matter expert inputs at critical
5
points in the program, including the need for special
6
hiring authority or advisory and assistance services,
7
in order to deliver the desired capabilities.
8
‘‘(H) A process of testing and experimentation
9
with the test community and end users to ensure
10
continuous user feedback, acceptance, and develop-
11
ment of concepts of operations.’’; and
12
(4) by striking subsections (d) and (e) and in-
13
serting the following new subsections:
14
‘‘(d) REVIEW.—The decision authority shall review
15 and approve, as appropriate, the acquisition strategy for
16 a major defense acquisition program or major system
17 prior to the acquisition decision memorandum and ensure
18 that the strategy is updated at regular intervals to incor19 porate significant changes to program requirements,
20 resourcing, or acquisition decisions.
21
‘‘(e) DECISION AUTHORITY DEFINED.—In this sec-
22 tion, the term ‘decision authority’, with respect to a major
23 defense acquisition program or major system, means the
24 official within the Department of Defense designated with
25 the overall responsibility and authority for acquisition de-
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1329
1 cisions for the program or system, including authority to
2 approve entry of the program or system into the next
3 phase of the acquisition process.’’.
4
(b) CONFORMING AMENDMENTS.—
5
(1) Section 4324(d)(8) of title 10, United
6
States Code, is amended by inserting ‘‘the term ‘de-
7
cision authority’ ’’ after ‘‘meaning given’’.
8
(2) Section 8669b(d)(3) of title 10, United
9
States Code, is amended by striking ‘‘has the mean-
10
ing’’ and all that follows and inserting the following:
11
‘‘means a decision to enter into technology matura-
12
tion and risk reduction pursuant to guidance pre-
13
scribed by the Secretary of Defense for the manage-
14
ment of Department of Defense acquisition pro-
15
grams.’’.
16
(3) Section 807(e)(5) of the National Defense
17
Authorization Act for Fiscal Year 2021 (10 U.S.C.
18
9081 note) is amended by striking ‘‘in section 2431a
19
of title 10, United States Code’’ and inserting ‘‘the
20
term ‘decision authority’ in section 4211 of title 10,
21
United States Code’’.
22
(4) Section 818(f)(3)(B) of the John Warner
23
National Defense Authorization Act for Fiscal Year
24
2007 (10 U.S.C. 4231 note prec.) is amended by in-
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1330
1
serting ‘‘the term ‘decision authority’ ’’ after ‘‘mean-
2
ing given’’.
3
SEC. 1806. MATTERS RELATED TO COST ACCOUNTING
4
5
6
STANDARDS.
(a) CHANGES TO APPLICABILITY OF FULL COST ACCOUNTING STANDARDS COVERAGE.—
7
(1) IN GENERAL.—Not later than 180 days
8
after the date of the enactment of this Act, the Ad-
9
ministrator for Federal Procurement Policy shall re-
10
vise the rules and procedures prescribed pursuant to
11
subsections (a) and (b) of section 1502 of title 41,
12
United States Code, to the extent necessary to in-
13
crease
14
9903.201-2 of title 48, Code of Federal Regulation,
15
from $50,000,000 to $100,000,000 (as adjusted for
16
inflation in accordance with section 1908 of title 41,
17
United States Code).
18
the
thresholds
(2) DEPARTMENT
established
OF
in
section
DEFENSE.—Not
later
19
than 120 days after the date of the enactment of
20
this Act, the Secretary shall update the Department
21
of Defense Supplement to the Federal Acquisition
22
Regulation to require full compliance with cost ac-
23
counting standards established under section 1502
24
of title 41, United States Code, only for an entity
25
or subsidiary of an entity that—
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1331
1
(A) received a single contract award under
2
such cost accounting standards with a value
3
equal to or greater than $100,000,000 (as ad-
4
justed for inflation in accordance with section
5
1908 of title 41, United States Code); or
6
(B) received contracts during the cost ac-
7
counting period that ended preceding the date
8
of the report with a net value equal to or great-
9
er than $100,000,000 (as adjusted for inflation
10
in accordance with section 1908 of title 41,
11
United States Code).
12
13
(b) AMENDMENTS TO COST ACCOUNTING STANDARDS BOARD.—
14
(1) ORGANIZATION.—Subsection (a) of section
15
1501 of title 41, United States Code, is amended by
16
striking ‘‘Office of Federal Procurement Policy’’ and
17
inserting ‘‘Office of Management and Budget’’.
18
19
(2) MEMBERSHIP.—Subsection (b) of such section 1501 is amended—
20
(A) by amending paragraph (1) to read as
21
follows:
22
‘‘(1) MEMBERS,
CHAIRMAN,
AND
APPOINT-
23
MENT.—The Board shall consist of 5 voting mem-
24
bers and 2 nonvoting members.
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1
‘‘(A)
VOTING
MEMBERS.—One
voting
2
member is the Administrator of Federal Pro-
3
curement Policy, who serves as Chairman. The
4
other 4 members, all of whom shall have experi-
5
ence in Federal Government contract cost ac-
6
counting, are as follows:
7
‘‘(i) 2 representatives of the Federal
8
Government, each of whom has substantial
9
experience in administering and managing
10
covered contracts—
11
‘‘(I) one of whom is a representa-
12
tive of the Department of Defense ap-
13
pointed by the Secretary of Defense;
14
and
15
‘‘(II) one of whom is an officer or
16
employee of the General Services Ad-
17
ministration appointed by the Admin-
18
istrator of General Services.
19
‘‘(ii) 2 individuals from the private
20
sector, each of whom is appointed by the
21
Director of the Office of Management and
22
Budget—
23
‘‘(I) one of whom is a senior em-
24
ployee or retired senior employee of a
25
Government contractor with substan-
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1333
1
tial experience in the private sector in-
2
volving administration and manage-
3
ment of covered contracts; and
4
‘‘(II) one member of the account-
5
ing profession, with substantial expe-
6
rience as an accountant.
7
‘‘(B) NONVOTING MEMBERS.—There may
8
be up to 2 nonvoting members appointed by the
9
Board from academia, a nonprofit organization,
10
or a private entity with substantial experience
11
in establishing financial accounting and report-
12
ing standards in compliance with Generally Ac-
13
cepted Accounting Principles.’’;
14
(B) in paragraph (2)—
15
(i) in subparagraph (A), by inserting
16
‘‘, which may be extended for an additional
17
4-year period by the individual who ap-
18
pointed such member under paragraph
19
(1)’’ after ‘‘4 years’’; and
20
(ii) in subparagraph (B), by striking
21
‘‘paragraph (1)(A)’’ and inserting ‘‘para-
22
graph (1)(A)(i)’’; and
23
(C) by adding at the end the following new
24
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1
‘‘(4) INELIGIBILITY.—Beginning on January 1,
2
2028, an individual who is a member of an audit en-
3
tity of an executive agency is not eligible to serve as
4
a member of the Board.’’.
5
6
(3) DUTIES.—Subsection (c) of such section
1501 is amended—
7
(A) in paragraph (2)—
8
(i) by striking ‘‘within one year’’ and
9
all that follows through ‘‘conform such
10
standards’’ and inserting the following:
11
‘‘not later than 180 days after the date of
12
enactment of this paragraph, and bienni-
13
ally thereafter, review any cost accounting
14
standards established under section 1502
15
of this title and eliminate or conform such
16
standards’’; and
17
(ii) by striking ‘‘and’’ at the end;
18
(B) in paragraph (3), by striking ‘‘dis-
19
putes.’’ and inserting the following: ‘‘disputes,
20
and take necessary action to clarify or improve
21
such standards if misinterpretation or lack of
22
clarity in a standard was a primary component
23
of such dispute; and’’; and
24
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1
‘‘(4) ensure that any action taken pursuant to
2
paragraph (3) is not taken solely for the purpose of
3
tailoring such standard to favor a party in the dis-
4
pute.’’.
5
6
(4) REPORT.—Subsection (e) of such section
1501 is amended—
7
(A) in paragraph (1), by striking ‘‘and’’ at
8
the end;
9
(B) in paragraph (2), by striking the pe-
10
riod at the end and inserting ‘‘; and’’; and
11
(C) by adding at the end the following new
12
paragraph:
13
‘‘(3) including a summary of rulemaking activi-
14
ties related to any changes to such standards and
15
any associated timelines for such activities.’’.
16
17
(5) SENIOR
STAFF.—Subsection
(f)(1)(B) of
such section 1501 is amended—
18
(A) by striking ‘‘may appoint’’ and insert-
19
ing ‘‘shall appoint’’; and
20
(B) by striking ‘‘two’’ and inserting ‘‘not
21
less than four’’.
22
(6) COVERED CONTRACT DEFINED.—Such sec-
23
tion 1501 is amended by adding at the end the fol-
24
lowing new subsection:
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1
‘‘(j) COVERED CONTRACT DEFINED.—In this section,
2 the term ‘covered contract’ means a contract that is sub3 ject to the cost accounting standards issued pursuant to
4 section 1502 of this title.’’.
5
(7) DEADLINE.—Not later than 90 days after
6
the date of the enactment of this Act, the Director
7
of the Office of Management and Budget, the Sec-
8
retary of Defense, and the Administrator of General
9
Services shall implement the amendments made by
10
this subsection, including making the appointments
11
under section 1501(b) of title 41, United States
12
Code, as amended by this subsection.
13
(c) COOPERATION WITH THE COMPTROLLER GEN-
14
ERAL.—The Secretary of Defense and the Cost Account-
15 ing Standards Board established under section 1501 of
16 title 41, United States Code (as amended by this section),
17 shall cooperate in full and in a timely manner with the
18 Comptroller General of the United States, including pro19 viding any analysis, briefings, or other information re20 quested by the Comptroller General related to require21 ments of this section and the amendments made by this
22 section.
23
24
(d) AMENDMENT TO MANDATORY USE OF COST ACCOUNTING STANDARDS.—
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1
(1) SUBCONTRACTS.—Section 1502(b)(1) of
2
title 41, United States Code, is amended—
3
(A) in subparagraph (B)—
4
(i) by striking ‘‘of the amount set
5
forth in section 3702(a)(1)(A) of title 10
6
as
7
‘‘$35,000,000, as’’; and
the
amount
is’’
and
inserting
8
(ii) by inserting ‘‘, including require-
9
ments relating to inflation in section 1908
10
of this title’’ after ‘‘law’’; and
11
(B) in subparagraph (C)—
12
(i) by inserting ‘‘(or the portion of a
13
contract or subcontract)’’ after ‘‘a contract
14
or subcontract’’ each place it appears;
15
16
(ii) in clause (ii), by adding ‘‘or’’ at
the end;
17
(iii) in clause (iii)—
18
(I) by inserting ‘‘(or the portion
19
of such contract or subcontract)’’
20
after ‘‘a firm, fixed-price contract or
21
subcontract’’; and
22
(II) by striking ‘‘; or’’ and insert-
23
ing a period; and
24
(iv) by striking clause (iv).
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1
(2) WAIVER.—in paragraph (3), subparagraph
2
(A) by inserting ‘‘, as adjusted for inflation in ac-
3
cordance with section 1908 of this title,’’ after
4
‘‘$100,000,000’’.
5
(3) REGULATIONS.—Not later than 180 days
6
after the date of the enactment of this Act, the Ad-
7
ministrator for Federal Procurement Policy shall
8
issue such regulations as are necessary to implement
9
the amendments made by this subsection.
10
(e) AMENDMENT TO REQUIRED BOARD ACTION FOR
11 PRESCRIBING STANDARDS AND INTERPRETATIONS.—Sec12 tion 1502(c) of title 41, United States Code, is amended—
13
14
(1) in paragraph (2), by inserting ‘‘and’’ at the
end;
15
(2) by striking paragraph (3); and
16
(3) by redesignating paragraph (4) as para-
17
graph (3).
18
(f) AMENDMENTS TO CONTRACT PRICE ADJUST-
19
MENT REQUIREMENTS.—
20
(1) IN GENERAL.—Section 1503(b) of title 41,
21
United States Code, is amended to read as follows:
22
‘‘(b) AMOUNT OF ADJUSTMENT.—A contract price
23 adjustment undertaken under section 1502(f)(2) of this
24 title shall be made, where applicable, on relevant contracts
25 that are subject to the cost accounting standards so as
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1 to protect the Federal Government from payment, in the
2 aggregate, of increased costs, as defined by the Cost Ac3 counting Standards Board and in accordance with the fol4 lowing requirements:
5
‘‘(1) The Federal Government may not recover
6
costs greater than the aggregate increased cost to
7
the Federal Government, as defined by the Board,
8
on the relevant contracts subject to the price adjust-
9
ment unless the contractor or subcontractor made a
10
change in its cost accounting practices of which the
11
contractor or subcontractor was aware or should
12
have been aware at the time of the price negotiation
13
and which contractor or subcontractor failed to dis-
14
close to the Federal Government.
15
16
‘‘(2) For such changes in cost accounting practices—
17
‘‘(A) costs recovered by the Federal Gov-
18
ernment shall exclude any contract or sub-
19
contract (or any portion of such contract or
20
subcontract) that is firm, fixed-price, or that is
21
not price-redeterminable based on costs; and
22
‘‘(B) for a fiscal year, for any contract or
23
subcontract (or any portion of such contract or
24
subcontract) that is not a firm, fixed-price con-
25
tract or subcontract the costs recovered by the
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1
Federal Government shall not exceed the net in-
2
creased costs, if any, paid to the contractor or
3
subcontractor for all changes in cost accounting
4
practices implemented within the same fiscal
5
year.’’.
6
(2) REGULATIONS.—Not later than 180 days
7
after the date of the enactment of this Act, the Ad-
8
ministrator for Federal Procurement Policy shall
9
issue such regulations as are necessary to implement
10
the amendments made by this subsection.
11
SEC. 1807. ESTABLISHMENT OF PROJECT SPECTRUM.
12
(a) IN GENERAL.—The Director of the Office of
13 Small Business Programs of the Department of Defense
14 shall establish and maintain a program to be known as
15 ‘‘Project Spectrum’’ to provide to covered entities an on16 line platform of digital resources, training, and services
17 that increase awareness of, and facilitate compliance with,
18 the requirements of the defense acquisition system estab19 lished pursuant to section 3102 of title 10, United States
20 Code.
21
(b) REQUIREMENT
FOR
COORDINATION.—In car-
22 rying out the requirements of subsection (a), the Director
23 of Small Business Programs shall coordinate with other
24 elements of the Department of Defense to ensure re25 sources, training, or services made available through
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1 Project Spectrum are aligned with Department-wide poli2 cies and guidance related to the defense acquisition sys3 tem, including coordination with—
4
(1) the Chief Information Officer of the Depart-
5
ment of Defense, particularly regarding cybersecu-
6
rity resources and alignment with the Cybersecurity
7
Maturity Model Certification program or successor
8
program;
9
10
(2) the Under Secretary of Defense for Acquisition and Sustainment;
11
12
(3) the Under Secretary of Defense for Research and Engineering;
13
14
(4) the Deputy Assistant Secretary of Defense
for International and Industry Engagement;
15
16
(5) the President of the Defense Acquisition
University;
17
18
(6) the Director of the Defense Logistics Agency;
19
20
(7) the Director of the Defense Counterintelligence and Security Agency; and
21
(8) the Executive Director of the Department
22
of Defense Cyber Crime Center.
23
(c) PERFORMANCE METRICS.—Not later than April
24 1, 2026, the Director of Small Business Programs, in co25 ordination with elements and individuals in subsection (b),
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1 shall establish performance metrics to measure the out2 comes associated with Project Spectrum. Such metrics
3 shall include—
4
(1) cybersecurity-related activities and tools, to
5
be evaluated in coordination with Chief Information
6
Officer of the Department of Defense;
7
(2) foreign ownership, control, or influence ac-
8
tivities and tools, to be evaluated in coordination
9
with the Under Secretary of Defense for Acquisition
10
and Sustainment; and
11
(3) any additional performance metrics the Di-
12
rector determines necessary.
13
(d) BRIEFING REQUIRED.—Not later than May 1,
14 2026, the Director of Small Business Programs shall pro15 vide to the Committees on Armed Services of the Senate
16 and House of Representatives a briefing on the perform17 ance metrics required by subsection (c).
18
(e) SUNSET.—The authority for Project Spectrum,
19 and the requirements of the section, shall terminate on
20 December 31, 2031.
21
(f) COVERED ENTITY DEFINED.—In this section, the
22 term ‘‘covered entity’’ means an entity that is a small
23 business or a medium business that contracts with, or
24 seeks to enter into a contract with, the Department of De-
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1 fense that is registered to access the online platform of
2 Project Spectrum.
4
Subtitle B—Requirements Process
Reform
5
SEC. 1811. MODIFICATIONS TO JOINT REQUIREMENTS
3
6
7
OVERSIGHT COUNCIL.
(a) MISSION.—Subsection (b) of section 181 of title
8 10, United States Code, is amended by amending para9 graphs (1) through (7) to read as follows:
10
‘‘(1) evaluating global trends, emerging threats,
11
and adversary capabilities to inform understanding
12
of joint operational problems and to shape joint
13
force design;
14
‘‘(2) coordinating with commanders of combat-
15
ant commands to compile, refine, and prioritize joint
16
operational problems;
17
‘‘(3) continuously reviewing and assessing joint
18
military capabilities of elements of the Department
19
of Defense listed in section 111(b) of this title in a
20
manner that meets applicable requirements in the
21
national defense strategy under section 113(g) of
22
this title;
23
‘‘(4) identifying and prioritizing gaps and op-
24
portunities in joint military capabilities, including
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1
making recommendations for changes to address
2
such capability and capacity gaps;
3
‘‘(5) identifying advances in technology, innova-
4
tive commercial solutions, and concepts of operation
5
that could improve the military advantage of the
6
joint force;
7
8
‘‘(6) recommending joint capability requirements that—
9
‘‘(A) describe the joint operational problem
10
to provide necessary context for the joint capa-
11
bility requirement;
12
‘‘(B) proposes nonprescriptive solutions to
13
joint operational problems; and
14
‘‘(C) ensures system interoperability, where
15
appropriate, between and among joint military
16
capabilities;
17
‘‘(7) designing the joint force in a manner
18
that—
19
20
‘‘(A) addresses joint operational problems;
and
21
‘‘(B) evaluates force design initiatives of
22
the Armed Forces to recommend acceptance,
23
mitigation, or alternative force designs for the
24
joint force;
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1
‘‘(8) maintaining a repository of joint oper-
2
ational problems and identification of capabilities to
3
address those problems; and
4
‘‘(9) evaluating effect of joint military capa-
5
bility requirements for the purposes of section
6
4376(a) of this title.’’.
7
(b) COMPOSITION.—Subsection (c)(1)(A) of such sec-
8 tion is amended by striking ‘‘or joint performance require9 ments’’.
10
(c) ADVISORS.—Subsection (d) of such section is
11 amended—
12
(1) in paragraph (2)—
13
14
(A) by inserting ‘‘strongly’’ before ‘‘consider’’; and
15
(B) by striking ‘‘paragraphs (1) and (2)
16
of’’;
17
(2) in paragraph (3)—
18
(A) by amending the paragraph heading to
19
read
20
CHIEFS’’;
as
follows:
‘‘INPUT
FROM
SERVICE
21
(B) by striking ‘‘, and strongly consider,’’
22
and all that follows through ‘‘acquisition sys-
23
tem,’’ and inserting ‘‘and consider the views of
24
the service chiefs in their roles as end users of
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1
capabilities delivered by the defense acquisition
2
system’’; and
3
(C) by striking ‘‘under subsection (b)(2)
4
and joint performance requirements pursuant to
5
subsection (b)(3)’’;
6
(3) in paragraph (4), by striking ‘‘, and strong-
7
ly consider,’’ and inserting ‘‘and consider’’; and
8
9
(4) by adding at the end the following new
paragraph:
10
‘‘(5) INPUT
FROM
INDUSTRY.—The
Council
11
shall seek views from private entities on commer-
12
cially available technology to address joint oper-
13
ational problems or gaps in joint military capabili-
14
ties.’’.
15
(d) RESPONSIBILITY
16
MENTS.—Subsection
FOR
CAPABILITY REQUIRE-
(e) of such section is amended to
17 read as follows:
18
‘‘(e) RESPONSIBILITY FOR CAPABILITY REQUIRE-
19
MENTS.—Each service chief is responsible for the capa-
20 bility requirements of the armed force of such service
21 chief.’’.
22
(e) ANALYTIC AND ENGINEERING SUPPORT.—Sub-
23 section (f) of such section is amended—
24
25
(1) in the subsection heading, by inserting
‘‘AND ENGINEERING’’ after ‘‘ANALYTIC’’;
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1
(2) by inserting ‘‘and mission engineering ac-
2
tivities’’ after ‘‘the Office of Cost Assessment and
3
Program Evaluation’’; and
4
(3) by striking ‘‘in operations research, systems
5
analysis, and cost estimation’’.
6
(f) DEFINITIONS.—Subsection (h) of such section is
7 amended—
8
(1) by striking paragraphs (2) and (3);
9
(2) by redesignating paragraph (1) as para-
10
graph (2);
11
12
(3) by inserting before paragraph (2), as so redesignated, the following new paragraph:
13
‘‘(1) The term ‘joint capability requirement’
14
means a capability that is critical or essential to ad-
15
dress a joint operational problem.’’;
16
17
(4) by inserting after paragraph (2), as so redesignated, the following new paragraph:
18
‘‘(3) The term ‘joint operational problem’—
19
‘‘(A) means a challenge across the joint
20
force in achieving an assigned military objective
21
based on current doctrine, emerging threats or
22
future concepts; and
23
‘‘(B) may include limitations in capabili-
24
ties, capacity, resources, or the ability to effec-
25
tively and efficiently coordinate across the joint
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1
force, with another combatant command, or
2
among joint military capabilities.’’; and
3
(5) by adding at the end the following new
4
paragraph:
5
‘‘(5) The term ‘service chief’ has the meaning
6
given in section 3101 of this title.’’.
7
(g) CONFORMING AMENDMENTS.—
8
(1) LIMITATIONS ON DEFENSE MODERNIZATION
9
ACCOUNT.—Section
10
amended—
3136(e)(1)(A) of such title is
11
(A) by striking ‘‘in excess of—’’ and all
12
that follows through ‘‘(i) a specific limitation’’
13
and inserting ‘‘in excess of a specific limita-
14
tion’’; and
15
(B) by striking clause (ii).
16
(2) FACTORS TO BE CONSIDERED FOR MILE-
17
STONE A APPROVAL.—Section
18
title is amended by striking ‘‘approved by the Joint
19
Requirements Oversight Council’’.
4251(e)(1) of such
20
(3) FACTORS TO BE CONSIDERED FOR MILE-
21
STONE B APPROVAL.—Section 4252(b) of such title
22
is amended—
23
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1
(B) by redesignating paragraphs (10)
2
through (15) as paragraphs (9) through (14),
3
respectively.
4
(4) BREACH
OF
CRITICAL
COST
GROWTH
5
THRESHOLD.—Section 4376 of such title is amend-
6
ed—
7
(A) in subsection (a), by striking ‘‘, after
8
consultation with the Joint Requirements Over-
9
sight
10
ments,’’;
Council
regarding
program
require-
11
(B) in subsection (b)(2)(B), by striking ‘‘to
12
meet the joint military requirement (as defined
13
in section 181(g)(1) of this title)’’; and
14
(C) in subsection (c)(3), by striking
15
‘‘joint’’.
16
(5) ACQUISITION ACCOUNTABILITY ON MISSILE
17
DEFENSE
18
such title is amended by striking ‘‘approved’’ and in-
19
serting ‘‘reviewed’’.
20
(h) REPEALS.—The following provisions of law are
SYSTEM.—Section
5514(b)(2)(C)(ii) of
21 repealed:
22
(1) Section 916 of the Floyd D. Spence Na-
23
tional Defense Authorization Act for Fiscal Year
24
2001 (10 U.S.C. 181 note).
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1
(2) Section 942(f) of the National Defense Au-
2
thorization Act for Fiscal Year 2008 (10 U.S.C. 181
3
note).
4
(3) Section 105(b) of the Weapon Systems Ac-
5
quisition Reform Act of 2009 (10 U.S.C. 181 note).
6
(4) Section 201 of the Weapon Systems Acqui-
7
sition Reform Act of 2009 (10 U.S.C. 3102 note).
8
SEC. 1812. ENSURING SUCCESSFUL IMPLEMENTATION OF
9
10
REQUIREMENTS REFORM.
(a) BIANNUAL UPDATES ON IMPLEMENTATION OF
11 REQUIREMENTS REFORM.—Not later than 180 days after
12 the date of enactment of this Act, and every 180 days
13 thereafter until September 30, 2027, the Secretary of De14 fense shall provide to the Committees on Armed Services
15 of the Senate and the House of Representatives a briefing
16 on—
17
(1) the implementation of section 181 of title
18
10, United States Code, as amended by section 1811
19
of this Act; and
20
(2) actions taken in response to the memo-
21
randum of the Secretary of Defense dated August
22
20, 2025, and titled ‘‘Reforming the Joint Require-
23
ments Process to Accelerate Fielding of Warfighting
24
Capabilities’’.
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1
(b) CONTENTS.—Each briefing shall, at a minimum,
2 include an update on—
3
(1) progress in terminating the Joint Capabili-
4
ties Integration and Development System and efforts
5
to replace it with a single decision forum that inte-
6
grates requirements, acquisition, resourcing, test,
7
and sustainment, including a discussion on—
8
(A) the establishment of the Requirements
9
and Resourcing Alignment Board;
10
(B) the implementation of the Joint Accel-
11
eration Reserve;
12
(C) the establishment of a Mission Engi-
13
neering and Integration Activity; and
14
(D) the status of the reform of the require-
15
ments processes of each military department in
16
accordance with the memorandum;
17
(2) the assignment of roles and responsibilities
18
for the Office of the Secretary of Defense, the Joint
19
Staff, the Requirements and Resourcing Alignment
20
Board, the military departments, the combatant
21
commands, and mission-engineering and integration
22
activities, including a discussion on the establish-
23
ment of governance, decision rights, and escalation
24
paths for portfolio-level requirements decisions;
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1
(3) progress in updating all relevant policies
2
and regulations in accordance with the memo-
3
randum, including—
4
(A) the recission and replacement of manu-
5
als governing the Joint Capabilities Integration
6
and Development System; and
7
(B) the removal of references to the Joint
8
Capabilities Integration and Development Sys-
9
tem in directives, instructions, and manuals of
10
the Department of Defense;
11
(4) obstacles encountered with respect to ac-
12
tions taken to implement the requirements of the
13
memorandum, including cultural, workforce, process,
14
information technology, or statutory obstacles, and
15
actions taken to mitigate or overcome such obstacles;
16
(5) any additional authorities, resources, or
17
flexibilities required to implement such require-
18
ments, including draft legislative proposals as appro-
19
priate;
20
21
(6) deviations from such requirements and any
justification for such deviations; and
22
(7) portfolio-level case studies implementing the
23
requirements from the memorandum that document
24
problem framing, decision timelines, transition deci-
25
sions, and outcomes, including progress toward
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1
meeting the objectives for accelerating the require-
2
ments process in accordance with subsection (c).
3
(c) OBJECTIVES
4
ACCELERATING REQUIRE-
FOR
MENTS.—Not later than 90 days after the date of enact-
5 ment of this Act, the Secretary of Defense shall establish
6 annual objectives for requirements processes that include,
7 at a minimum, objectives for—
8
(1) the end-to-end time to complete the require-
9
ments process, from problem statement to validated
10
decision;
11
12
(2) the percentage of requirements decisions
made within standard timelines;
13
(3) the rate and median time of transition from
14
successful
15
timelines for follow-on production contracts or trans-
16
actions, as defined in section 4022 of title 10,
17
United States Code); and
prototype
to
production
(including
18
(4) the use and effectiveness of systematic,
19
iterative cycles of concept exploration, prototyping,
20
mission-based analysis, and rigorous field dem-
21
onstrations in informing capability requirements.
22
(d) CONSULTATION.—In carrying out this section,
23 the Secretary of Defense shall consult, as appropriate,
24 with the Deputy Secretary of Defense, the Chairman of
25 the Joint Chiefs of Staff, the Under Secretary of Defense
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1 for Acquisition and Sustainment, the Director of Cost As2 sessment and Program Evaluation, the Chief Information
3 Officer of the Department of Defense, each Secretary of
4 a military department, the commanders of the combatant
5 commands, and relevant mission-engineering and integra6 tion activities.
Subtitle C—Matters Relating to
8
Commercial Products and Com9
mercial Services
7
10
SEC. 1821. MODIFICATIONS TO RELATIONSHIP OF OTHER
11
PROVISIONS OF LAW TO PROCUREMENT OF
12
COMMERCIAL PRODUCTS AND COMMERCIAL
13
SERVICES.
14
Section 3452 of title 10, United States Code, is
15 amended by striking subsections (b) through (e) and in16 serting the following new subsections:
17
18
‘‘(b) APPLICABILITY
OF
DEFENSE-UNIQUE STAT-
UTES TO CONTRACTS FOR COMMERCIAL PRODUCTS AND
19 COMMERCIAL SERVICES.—The Department of Defense
20 Supplement to the Federal Acquisition Regulation shall
21 include a list of defense-unique contract clause require22 ments based on laws, executive orders, or acquisition poli23 cies that may be applied to contracts for the procurement
24 of commercial products and commercial services entered
25 into by the Department of Defense.
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1
‘‘(c) APPLICABILITY
2
UTES TO
3
AND
OF
DEFENSE-UNIQUE STAT-
SUBCONTRACTS FOR COMMERCIAL PRODUCTS
COMMERCIAL SERVICES.—(1) The Department of
4 Defense Supplement to the Federal Acquisition Regula5 tion shall include a list of defense-unique contract clause
6 requirements based on laws, executive orders, or acquisi7 tion policies that may be applied to subcontracts for the
8 procurement of commercial products and commercial serv9 ices.
10
‘‘(2) In this subsection, the term ‘subcontract’—
11
‘‘(A) includes a transfer of commercial products
12
and commercial services between divisions, subsidi-
13
aries, or affiliates of a contractor or subcontractor;
14
and
15
‘‘(B) does not include any agreement entered
16
into by a contractor or subcontractor for the supply
17
of products or services that are intended for use in
18
the performance of multiple contracts with the De-
19
partment of Defense or with other parties, and that
20
are not identifiable to any particular contract.
21
‘‘(3) This subsection does not authorize the waiver
22 of the applicability of any provision of law or contract
23 clause requirement with respect to any first-tier sub24 contract under a contract with a prime contractor reselling
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1 or distributing commercial products and commercial serv2 ices of another contractor without adding value.
3
‘‘(d) APPLICABILITY
OF
DEFENSE-UNIQUE STAT-
4
UTES TO CONTRACTS OR SUBCONTRACTS FOR COMMER-
5
CIALLY
AVAILABLE, OFF-THE-SHELF ITEMS.—The De-
6 partment of Defense Supplement to the Federal Acquisi7 tion Regulation shall include a list of defense-unique con8 tract clause requirements based on laws, executive orders,
9 or acquisition policies that are applicable to contracts or
10 subcontracts for the procurement of commercially avail11 able off-the-shelf items entered into by the Department
12 of Defense.
13
‘‘(e) APPLICABLE REQUIREMENTS.—The Secretary
14 of Defense shall ensure that the lists required by sub15 sections (b) and (c)(1) shall include any contract clause
16 to implement the requirements of—
17
‘‘(1) chapter 385 of this title;
18
‘‘(2) section 5949 of the National Defense Au-
19
thorization Act for Fiscal Year 2023 (Public Law
20
117–263; 41 U.S.C. 4713 note);
21
‘‘(3) section 805 of the National Defense Au-
22
thorization Act for Fiscal Year 2024 (Public Law
23
118–31); or
24
‘‘(4) a statute that specifically refers to this
25
section and provides that, notwithstanding this sec-
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1
tion, such statute shall be applicable to contracts for
2
the procurement of commercial products and com-
3
mercial services.’’.
4
SEC. 1822. MODIFICATIONS TO COMMERCIAL PRODUCTS
5
6
AND COMMERCIAL SERVICES.
(a) IN GENERAL.—Section 3453 of title 10, United
7 States Code, is amended—
8
(1) in subsection (b)—
9
(A) in the matter preceding paragraph (1),
10
by striking ‘‘procurement officials in that agen-
11
cy,’’ and inserting ‘‘acquisition officials in such
12
agency and prime contractors and subcontrac-
13
tors (at any tier) performing contracts with
14
such agency (including those performing con-
15
sulting, research, and advisory services to ac-
16
quisition officials of such agency)’’;
17
(B) in paragraph (2), by striking ‘‘prime
18
contractors and subcontractors at all levels
19
under the agency contracts’’ and inserting
20
‘‘such prime contractors and subcontractors’’;
21
(2) by redesignating subsections (d) and (e) as
22
subsections (e) and (f), respectively;
23
24
(3) by inserting after subsection (c) the following new subsection:
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1
‘‘(d)
2
QUIRED.—(1)
NON-COMMERCIAL
DETERMINATION
RE-
The head of an agency shall establish a
3 process for determinations regarding the non-availability
4 of commercial products or commercial services, including
5 that—
6
‘‘(A) a product or service that is not a commer-
7
cial product or commercial service may not be pro-
8
cured until the head of the agency determines that
9
the market research conducted in accordance with
10
subsection (c)(2) resulted in a determination that no
11
commercial product, commercial service, or non-
12
developmental item exists that is suitable to meet
13
the needs of the agency; and
14
‘‘(B) prior to acquiring a product or service
15
that is not a commercial product or commercial serv-
16
ice, the relevant program manager shall submit a
17
written memorandum confirming the results of the
18
determination in subparagraph (A), which shall be
19
signed by the portfolio acquisition executive; and
20
‘‘(2) ensure the determination in paragraph (1)(A)
21 does not inhibit the ability of a contracting officer to de22 termine whether a product, component of a product, or
23 service is a commercial product or commercial service (as
24 applicable).’’; and
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1
(4) in subsection (e), as so redesignated, by
2
striking ‘‘for the solicitation’’ through ‘‘in the case
3
of other products or services,’’ and insert ‘‘for the
4
solicitation’’.
5
(b) DETERMINATIONS.—Section 3456 of title 10,
6 United States Code, is amended—
7
8
(1) in subsection (a), by amending paragraph
(2) to read as follows:
9
‘‘(2) assist each Secretary of a military depart-
10
ment and each head of a Defense Agency with per-
11
forming market research in accordance with the re-
12
quirements of section 3453 of this title relating to
13
market research and the determination regarding
14
the non-availability of commercial products or com-
15
mercial services, and other analysis, used to deter-
16
mine the reasonableness of price for the purposes of
17
procurements by the Department of Defense.’’; and
18
(2) in subsection (b)(2), by inserting after the
19
first sentence the following: ‘‘The contracting officer
20
shall consider the results in the memorandum of the
21
program
22
3453(d)(1)(B) of this title when developing the
23
memorandum required under this paragraph.’’.
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manager
required
under
section
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1
SEC. 1823. MODIFICATIONS TO COMMERCIAL SOLUTIONS
2
3
OPENINGS.
Section 3458 of title 10, United States Code, is
4 amended—
5
(1) by amending subsection (a) to read as fol-
6
lows:
7
‘‘(a) AUTHORITY.—The Secretary of Defense and
8 each Secretary of a military department may acquire com9 mercial products, commercial services, or nondevelop10 mental items through a competitive selection of proposals
11 resulting from a general solicitation and a peer review,
12 technical review, or operational review (as appropriate) of
13 such proposals.’’;
14
(2) by striking subsection (e);
15
(3) by redesignating subsection (c) and (d) as
16
subsections (d) and (e), respectively;
17
(4) by inserting after subsection (b) the fol-
18
lowing new subsection:
19
‘‘(c) FOLLOW-ON PRODUCTION AGREEMENTS.—With
20 respect to a product, service, or item acquired through the
21 competitive procedures described under subsection (a), the
22 Secretary of Defense or each Secretary of a military de23 partment may enter into—
24
‘‘(1) a follow-on production contract (including
25
a sole source contract), subject to the approval re-
26
quirements of section 3204(e) of this title; or
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1
‘‘(2) a follow-on production contract or trans-
2
action, as defined in section 4022 of this title.’’;
3
(5) in subsection (d), as so redesignated—
4
(A) by striking paragraph (1); and
5
(B) by redesignating paragraphs (2) and
6
(3) as paragraphs (1) and (2), respectively; and
7
(6) in subsection (e), as so redesignated, by
8
striking ‘‘innovative commercial product or commer-
9
cial service’’ in each place it appears and inserting
10
‘‘commercial product, commercial service, or non-
11
developmental item’’.
12
SEC. 1824. LIMITATION ON REQUIRED FLOWDOWN OF CON-
13
TRACT CLAUSES TO SUBCONTRACTORS PRO-
14
VIDING COMMERCIAL PRODUCTS OR COM-
15
MERCIAL SERVICES.
16
Chapter 247 of title 10, United States Code, is
17 amended by adding at the end the following new section:
18 ‘‘§ 3459. Limitation on required flowdown of contract
19
clauses to subcontractors providing com-
20
mercial products or commercial services
21
‘‘(a) IN GENERAL.—The Secretary of Defense may
22 not require that a clause be included in a subcontract for
23 the acquisition of commercial products or commercial serv24 ices other than a clause that is on the lists required by
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1362
1 section 3452 of this title or unless otherwise applicable
2 pursuant to subsection (e) of such section.
3
‘‘(b) APPLICABILITY TO OTHER SUPPLY AGREE-
4
MENTS.—The Secretary of Defense may not require the
5 application of any contract clauses to other supply agree6 ments unless otherwise applicable pursuant to subsection
7 (e) of section 3452 of this title.
8
‘‘(c) DEFINITIONS.—In this section, the terms ‘other
9 supply agreement’ and ‘subcontract’ have the meanings
10 given such terms, respectively, in section 3452(c)(2) of
11 this title.
12
‘‘(d) APPLICABILITY.—Subsection (a) shall apply
13 only with respect to subcontracts entered into after the
14 earliest date on which the lists required by section 3452
15 of this title are published in the Defense Federal Acquisi16 tion Regulation Supplement.’’.
17
18
SEC. 1825. CONSUMPTION-BASED SOLUTIONS.
Chapter 253 of title 10, United States Code, is
19 amended by adding at the end the following new section:
20 ‘‘§ 3605. Authority to acquire consumption-based so21
22
lutions
‘‘(a) AUTHORITY.—The Secretary of Defense and the
23 Secretaries of the military departments may acquire serv24 ices through consumption-based solutions.
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1
‘‘(b) GUIDANCE REQUIRED.—The Secretary of De-
2 fense shall amend the Department of Defense Supplement
3 to the Federal Acquisition Regulation to implement the
4 authority under subsection (a), including creating a new
5 subcategory of services under part 237 of the Department
6 of Defense Supplement to the Federal Acquisition Regula7 tion, entitled ‘Consumption-based solutions’, that—
8
‘‘(1) is any combination of hardware, equip-
9
ment, software, labor, or services that together pro-
10
vides a seamless capability;
11
12
‘‘(2) has the ability to be metered and billed
based on actual usage;
13
14
‘‘(3) has predetermined pricing at fixed-price
units;
15
‘‘(4) requires the awardee to notify the Depart-
16
ment of Defense contracting officer when consump-
17
tion under the contract reaches 75 percent and 90
18
percent of the funded amount, respectively, of the
19
contract; and
20
‘‘(5) treats modifications to a contract entered
21
into under the authority established in subsection
22
(a) to add new features or capabilities in an amount
23
less than or equal to 25 percent of the total value
24
of such contract, as originally awarded, as procure-
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1
ments made using competitive procedures for the
2
purposes of chapter 221 of this title.
3
‘‘(c) FUNDING.—Amounts authorized to be appro-
4 priated for acquisitions using the authority under sub5 section (a)—
6
‘‘(1) may be used for expenses for—
7
‘‘(A) research, development, test and eval-
8
uation;
9
‘‘(B) procurement;
10
‘‘(C) production;
11
‘‘(D) modification; and
12
‘‘(E) operation and maintenance; and
13
‘‘(2) may be used to enter into incrementally
14
funded contracts or other agreements, including ad-
15
vanced payments.
16
‘‘(d) CONSUMPTION-BASED SOLUTION DEFINED.—In
17 this section, the term ‘consumption-based solution’ means
18 a model under which a service is provided to the Depart19 ment of Defense and may utilize any combination of soft20 ware, hardware or equipment, data, and labor or services
21 that provides a capability that is metered and billed based
22 on actual usage at fixed-price units.
23
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
24 tion shall be construed to prohibit the use of the authority
25 created under this section in combination with another
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1 contract type provided for under the Department of De2 fense Supplement to the Federal Acquisition Regulation.’’.
3
SEC. 1826. EXEMPTIONS FOR NONTRADITIONAL DEFENSE
4
5
CONTRACTORS.
(a) EXEMPTION.—For the purposes of contracts,
6 subcontracts, or agreements of the Department of De7 fense, products and services provided by nontraditional de8 fense contractors (as defined in section 3014 of title 10,
9 United States Code) shall be exempt from the following
10 requirements:
11
(1) Section 252.242–7006 of the Department of
12
Defense Supplement to the Federal Acquisition Reg-
13
ulation, or successor regulation.
14
(2) Section 252.234–7002 of the Department of
15
Defense Supplement to the Federal Acquisition Reg-
16
ulation, or successor regulation.
17
(3) Section 252.215–7002 of the Department of
18
Defense Supplement to the Federal Acquisition Reg-
19
ulation, or successor regulation.
20
(4) Section 252.242–7004 of the Department of
21
Defense Supplement to the Federal Acquisition Reg-
22
ulation, or successor regulation.
23
(5) Section 252.245–7003 of the Department of
24
Defense Supplement to the Federal Acquisition Reg-
25
ulation, or successor regulation.
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1
(6) Section 252.244–7001 of the Department of
2
Defense Supplement to the Federal Acquisition Reg-
3
ulation, or successor regulation.
4
(7) Section 252.242–7005 of the Department of
5
Defense Supplement to the Federal Acquisition Reg-
6
ulation, or successor regulation.
7
(8) Section 215.407 of the Department of De-
8
fense Supplement to the Federal Acquisition Regula-
9
tion, or successor regulation.
10
11
(9) Section 3702 of title 10, United States
Code.
12
(10) Part 31 of the Federal Acquisition Regula-
13
tion, or successor regulation.
14
(b) WAIVER AND REPORTING.—
15
(1) IN GENERAL.—The requirement under sub-
16
section (a) may be waived or modified with respect
17
to a product or service with a written determination
18
approved by the head of the relevant contracting ac-
19
tivity.
20
(2) DELEGATION.—The authority to approve a
21
written determination under paragraph (1) may only
22
be delegated to a senior contracting official for the
23
relevant contracting activity or a more senior offi-
24
cial.
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1
(3) PARTIAL APPLICATION.—One or more of
2
the requirements described in paragraphs (1)
3
through (10) of subsection (a) may be applied to a
4
contract, subcontract, or other agreement with a
5
nontraditional defense contractor upon a written de-
6
termination approved by the head of the relevant
7
contracting activity that includes a justification ex-
8
plaining why application of such requirements is in
9
the best interest of the Federal Government.
10
(4) CONGRESSIONAL NOTICE.—Not later than
11
60 days after the date on which a waiver is issued
12
under this section, the Secretary of Defense shall
13
provide to the congressional defense committees a
14
notice of the waiver, including with a discussion of
15
efforts made to adapt the acquisition approach for
16
the product or service with respect to which the such
17
waiver was granted so that such waiver would not be
18
necessary.
19
SEC. 1827. CLARIFICATION OF CONDITIONS FOR PAYMENTS
20
FOR COMMERCIAL PRODUCTS AND COMMER-
21
CIAL SERVICES.
22
Section 3805 of title 10, United States Code, is
23 amended—
24
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1
(A) by striking ‘‘The conditions’’ and in-
2
serting ‘‘(1) The conditions’’; and
3
(B) by adding at the end the following new
4
5
paragraph:
‘‘(2) For the purposes of section 3803 of this title,
6 a payment for covered services acquired through a com7 mercially utilized acquisition strategy shall not be consid8 ered an advance payment made under section 3801 of this
9 title.’’; and
10
(2) by adding at the end the following new sub-
11
section:
12
‘‘(e) DEFINITIONS.—In this section:
13
‘‘(1) The term ‘commercially utilized acquisition
14
strategy’ means an acquisition of a service by the
15
head of an agency under terms and conditions
16
that—
17
‘‘(A) are similar to the terms and condi-
18
tions under which such service is available to
19
the public; and
20
‘‘(B) provide such service—
21
‘‘(i) as a consumption-based solution
22
(as defined in section 3605 of this title); or
23
‘‘(ii) under a technology subscription
24
model or other model based on predeter-
25
mined pricing for access to such service.
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1
‘‘(2) The term ‘covered service’ means a com-
2
mercial service that includes access to or use of any
3
combination of hardware, equipment, software,
4
labor, or services, including access to commercial
5
satellite data and associated services, that is inte-
6
grated to provide a capability.’’.
7
SEC. 1828. REVIEW OF COMMERCIAL PRODUCTS AND COM-
8
MERCIAL
9
PROACH.
10
SERVICES
ACQUISITION
AP-
(a) REVIEW REQUIRED.—The Secretary of Defense
11 shall conduct a comprehensive review of the approach of
12 the Department of Defense to acquiring commercial prod13 ucts and commercial services.
14
(b) ELEMENTS.—The review required by subsection
15 (a) shall assess the following:
16
(1) The policies, procedures, guidance, and in-
17
structions of the Department of Defense relating to
18
acquiring commercial products and commercial serv-
19
ices.
20
(2) A comprehensive review of the centralized
21
capability established under section 3456 of title 10,
22
United States Code, for assisting in determinations
23
of a product or service as a commercial product or
24
commercial service (as applicable), including an as-
25
sessment of the following:
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1
(A) Methods to enhance responsiveness to
2
determination requests, including timelines and
3
backlog reduction targets.
4
(B) Approaches to increase the number of
5
determinations of products and services as com-
6
mercial products and commercial services, re-
7
spectively, by—
8
9
(i)
employing
commercially-derived
technologies and processes; and
10
(ii) emphasizing a broad application of
11
the definition of the terms ‘‘commercial
12
product’’ and ‘‘commercial service’’.
13
(C) The review and acceptance of commer-
14
cial pricing lists of contractors to ensure such
15
lists will be valid across separate offers.
16
(D) Current experience of members of the
17
acquisition workforce in private-sector ap-
18
proaches to contract negotiations and rec-
19
ommendations for recruitment or training to
20
build such expertise.
21
(E) Opportunities to partner with the Di-
22
rector of the Defense Innovation Unit to im-
23
prove commercial market research support and
24
apply alternative capability-based pricing meth-
25
ods under section 864 of the National Defense
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1
Authorization Act for Fiscal Year 2025 (Public
2
Law 118–159) for price reasonableness evalua-
3
tions.
4
(3) Training curricula, educational materials,
5
and associated activities of the Department of De-
6
fense related to acquiring commercial products and
7
commercial services, including such curricula, mate-
8
rials, and activities that pertain to—
9
(A) the determination of a product or serv-
10
ice as a commercial product or commercial serv-
11
ice; and
12
(B) any congressional intent that the defi-
13
nitions of the terms ‘‘commercial product’’ and
14
‘‘commercial service’’ should be applied broadly.
15
(4) Audit and oversight policies and practices of
16
the Department of Defense related to the acquisition
17
of commercial products and commercial services.
18
(5) Incentives that discourage members of the
19
acquisition workforce from acquiring commercial
20
products or commercial services.
21
(6) The process by which the Secretary of De-
22
fense develops and issues regulations related to the
23
acquisition of commercial products or commercial
24
services, including delays in rulemaking and the re-
25
sulting delays in the implementation of policies in-
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1
tended to improve or streamline the acquisition of
2
commercial products or commercial services.
3
(c) REPORT.—Not later than 180 days after the date
4 of the enactment of this Act, the Secretary of Defense
5 shall submit to the congressional defense committees a re6 port that—
7
8
(1) describes the findings of the review required
by subsection (a);
9
(2) describes actions taken by the Secretary of
10
Defense to address the issues identified pursuant to
11
such review, including any findings of noncompliance
12
by the Secretary with the requirements of any other
13
statutory or regulatory requirements related to ad-
14
vancing the procurement of commercial products and
15
commercial services;
16
(3) describes findings related to the comprehen-
17
sive review of the centralized capability under sec-
18
tion 3456 of title 10, United States Code, and rec-
19
ommendations for whether such capability should be
20
continued, terminated, or modified; and
21
(4) includes any recommendations of the Sec-
22
retary of Defense on actions that Congress may take
23
to better enable the Department of Defense to take
24
advantage of the benefits of acquiring commercial
25
products and commercial services.
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1
(d) DEFINITIONS.—In this section, the terms ‘‘com-
2 mercial product’’ and ‘‘commercial service’’ have the
3 meanings given, respectively, in section 3011 of title 10,
4 United States Code.
6
Subtitle D—Improvements to
Acquisition Programs
7
SEC. 1831. MODIFICATIONS TO PROCUREMENT FOR EXPER-
5
8
9
IMENTAL PURPOSES.
Section 4023 of title 10, United States Code, is
10 amended—
11
(1) in subsection (a), by striking ‘‘ordnance,
12
signal, chemical activity, transportation, energy,
13
medical, space-flight, telecommunications, and aero-
14
nautical supplies, including parts and accessories,
15
and designs thereof,’’ and inserting ‘‘demonstrations,
16
prototypes, products, supplies, parts, accessories,
17
auxiliary services, and design for products or serv-
18
ices’’; and
19
20
(2) in subsection (b)—
(A) by inserting ‘‘or modified’’ after ‘‘may
21
be made’’; and
22
(B)
23
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inserting
‘‘prototyping,’’
‘‘greater than necessary for’’.
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1
SEC. 1832. MODIFICATIONS TO REQUIREMENTS FOR MOD-
2
ULAR OPEN SYSTEM APPROACH.
3
(a)
MILESTONE
B
REQUIREMENT.—Section
4 4402(e)(1)(B) of title 10, United States Code, is amended
5 by striking ‘‘widely supported and consensus-based stand6 ards that exist at the time of the milestone decision, unless
7 such standards are unavailable or unsuitable for particular
8 major system interfaces’’ and inserting ‘‘the requirements
9 of section 4401(a) of this title’’.
10
(b) REQUIREMENTS RELATING TO AVAILABILITY OF
11 MAJOR SYSTEM INTERFACES.—Section 4403(2) of title
12 10, United States Code, is amended to read as follows:
13
‘‘(2) ensure major system interfaces are ade-
14
quately designated and defined to achieve a modular
15
open system approach and are delivered with sup-
16
porting documentation necessary to enable the inte-
17
gration of components or modules provided by a
18
third party into the modular system;’’.
19
SEC. 1833. BRIDGING OPERATIONAL OBJECTIVES AND SUP-
20
PORT FOR TRANSITION PROGRAM.
21
(a) ESTABLISHMENT.—The Director of the Defense
22 Innovation Unit shall establish a program to be known as
23 the ‘‘Bridging Operational Objectives and Support for
24 Transition program’’ (in this section referred to as the
25 ‘‘BOOST program’’) to accelerate the adoption or integra-
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1 tion of commercial technologies into programs of record
2 or fielded capabilities of the Department of Defense.
3
(b) PROGRAM EXECUTION.—Not later than 90 days
4 after the date of the enactment of this Act, the Secretary
5 of Defense shall issue guidance to—
6
(1) allow portfolio acquisition executives, pro-
7
gram managers, or product support managers to re-
8
quest from the Director assistance in identifying,
9
adopting, or integrating commercial technologies;
10
and
11
(2) require the Director to—
12
(A) review commercial technologies in re-
13
sponse to each request and identify viable com-
14
mercial technologies to address the issue pre-
15
sented by such request;
16
(B) upon request, execute coordinated de-
17
velopment, experimentation, or integration of
18
identified commercial technologies to enable
19
adoption or integration of commercial tech-
20
nologies into programs of record or fielded ca-
21
pabilities; and
22
(C) establish criteria to allow the Director
23
to terminate assistance provided in response to
24
a request.
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1
(c) SUPPORT TO OTHER PROGRAMS.—The Director
2 shall ensure the BOOST program works in coordination
3 with other authorities, programs, and activities of the De4 partment of Defense responsible for adoption or integra5 tion of commercial technologies into programs of record
6 or fielded capabilities, including—
7
(1) the Defense Research and Development
8
Rapid Innovation Program established under section
9
4061(a) of title 10, United States Code;
10
(2) the Small Business Innovation Research
11
Program and the Small Business Technology Trans-
12
fer Program established under section 9 of the Small
13
Business Act (15 U.S.C. 639); and
14
(3) urgent acquisition of items established
15
under section 3601 of title 10, United States Code.
16
(d) FUNDING.—Subject to the availability of appro-
17 priations, amounts authorized to be appropriated the Di18 rector of the Defense Innovation Unit may be used to
19 carry out the BOOST program.
20
(e) REPORT.—Not later than two years after the date
21 of the enactment of this Act, the Secretary of Defense,
22 in coordination with the Under Secretary of Defense for
23 Acquisition and Sustainment and the Director, shall sub24 mit to the congressional defense committees a report as25 sessing BOOST program effectiveness in accelerating the
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1 adoption or integration of commercial technologies into
2 programs of record or fielded capabilities of the Depart3 ment of Defense, including—
4
5
(1) a summary of persons assisted and integrated commercial technologies;
6
7
(2) recommendations of the Secretary to improve the BOOST program; and
8
(3) a recommendation whether to continue or
9
terminate the BOOST program.
10
(f) SUNSET.—The BOOST program established
11 under this section, and the authorities and requirements
12 under this section, shall expire on December 31, 2030.
13
(g) DEFINITIONS.—In this section:
14
(1) The term ‘‘portfolio acquisition executive’’
15
has the meaning given in section 1732 of title 10,
16
United States Code, as added by section 1802 of
17
this Act.
18
(2) The term ‘‘program manager’’ has the
19
meaning given in section 1737 of title 10, United
20
States Code.
21
(3) The term ‘‘product support manager’’ has
22
the meaning given in section 1733 of title 10,
23
United States Code, as added by section 1803 of
24
this Act.
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2
Subtitle E—Modifications to
Strengthen the Industrial Base
3
SEC. 1841. CIVIL RESERVE MANUFACTURING NETWORK.
1
4
(a) CIVIL RESERVE MANUFACTURING NETWORK
5 SUPPORT.—
6
(1) IN GENERAL.—Not later than 90 days after
7
the date of the enactment of this Act, the Secretary
8
of Defense shall direct the collaborative forum de-
9
scribed in section 1844(a) of this Act to, in collabo-
10
ration with relevant government, industry, and aca-
11
demic entities, support the establishment of the Civil
12
Reserve Manufacturing Network (in this section re-
13
ferred to as the ‘‘CRMN’’) to preserve the military
14
advantage of the United States and broaden domes-
15
tic manufacturing capability and capacity in the de-
16
fense industrial base.
17
18
(2) RESPONSIBILITIES.—In carrying out paragraph (1), the collaborative forum shall—
19
20
(A) identify laws, regulations, and policies
impeding the establishment of the CRMN;
21
(B) develop recommendations for the es-
22
tablishment and the operation of the CRMN,
23
including—
24
25
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participate in the CRMN;
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1
(ii) incentives or other considerations
2
to address the risk of loss of manufac-
3
turing to the commercial customers of
4
manufacturers participating in the CRMN
5
if the Secretary of Defense activates the
6
CRMN;
7
(iii) producing a registry, to be known
8
as the ‘‘National Manufacturing Registry’’,
9
to inventory the manufacturing capabilities
10
of the United States to inform and support
11
the development of the CRMN; and
12
(iv) creating an index, to be known as
13
the ‘‘Materiel Compatibility Index’’, to
14
identify where existing equipment, capabili-
15
ties, and skill sets of commercial manufac-
16
turing could be converted to support re-
17
quirements of the Department of Defense;
18
and
19
(C) submit to the Secretary a list of the
20
laws, regulations, and policies identified under
21
subparagraph (A) and the recommendations de-
22
veloped under subparagraph (B).
23
(b) PLAN.—
24
(1) IN GENERAL.—Not later than 180 days
25
after the date of enactment of this Act, the Sec-
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1
retary shall submit to the congressional defense com-
2
mittees a plan for establishing the CRMN, includ-
3
ing—
4
(A) a strategy to leverage government-
5
owned manufacturing capabilities in partner-
6
ship with the CRMN to support the require-
7
ments of the Department of Defense;
8
(B) a plan, informed by the Material Com-
9
patibility Index, to develop a network of com-
10
mercial manufacturing capabilities or facilities
11
that can rapidly convert from commercial man-
12
ufacturing or production to Department of De-
13
fense-directed
14
upon activation of the CRMN;
manufacturing
or
production
15
(C) an identification of laws, regulations,
16
and policies impeding the establishment of the
17
CRMN, with recommendations to streamline
18
such establishment;
19
(D) an identification and assessment of ex-
20
isting public-private partnership authorities
21
suitable for use by manufacturers participating
22
in the CRMN to broaden domestic manufac-
23
turing capability and capacity in the defense in-
24
dustrial base, along with recommendations to
25
expand such authorities to enable the integra-
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1
tion of commercial advanced manufacturing
2
systems, materials, and practices with organic
3
industrial base requirements;
4
(E) a list of existing Centers of Industrial
5
and Technical Excellence designated pursuant
6
to section 2474 of title 10, United States Code,
7
and compatible maintenance and repair capa-
8
bility for potential CRMN integration; and
9
(F) recommendations for the official or of-
10
ficials of the Department who should be author-
11
ized to activate the CRMN and criteria for acti-
12
vating the CRMN, including recommendations
13
related to a phased activation of the CRMN re-
14
flecting stages of competition and conflict.
15
(2)
CONSIDERATIONS.—The
plan
required
16
under paragraph (1) shall incorporate, to the extent
17
practicable, recommendations of the collaborative
18
forum.
19
(c) CIVIL RESERVE MANUFACTURING NETWORK
20 PROGRAM.—
21
22
(1) Upon the submission of the plan required
under subsection (b)(1), the Secretary shall—
23
(A) establish a program under which the
24
Secretary shall manage and operate the CRMN;
25
and
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1382
1
(B) initiate the establishment of the
2
CRMN.
3
(2) Each participant shall enter into an agree-
4
ment with the Secretary to rapidly convert, on such
5
terms as agreed to by the Secretary and the partici-
6
pant, production facilities to Department of Defense-
7
directed manufacturing or production upon the acti-
8
vation of the CRMN.
9
(3) Not later than 540 days after the date of
10
enactment of this Act, the Secretary shall seek to
11
enter into agreements with not fewer than two man-
12
ufacturers, including advanced manufacturers, to
13
participate in the CRMN.
14
(4) Each participant shall be eligible for—
15
(A) the use of the expedited procedures for
16
qualification, certification, and testing of the
17
products and services of such participant under
18
section 865 of the Servicemember Quality of
19
Life National Defense Authorization Act for
20
Fiscal Year 2025 (Public Law 118–159; 10
21
U.S.C. 4811 note); and
22
(B) subject to the availability of appropria-
23
tions, awards under the program established
24
under paragraph (1) for—
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1
(i) costs associated with expedited
2
qualification and testing of goods manufac-
3
tured by participants using an advanced
4
manufacturing crisis qualification frame-
5
work established under section 3243(e) of
6
title 10, United States Code; and
7
(ii) costs associated with non-recur-
8
ring engineering activities required to con-
9
vert traditional product specifications for
10
use in advanced manufacturing.
11
(5) In carrying out the program established
12
under paragraph (1), the Secretary shall encourage
13
participants to prioritize converting existing com-
14
mercial or dual-use manufacturing capabilities or fa-
15
cilities to Department of Defense-directed manufac-
16
turing or production pursuant to the activation of
17
the CRMN.
18
(6) None of the funds made available to a par-
19
ticipant under the program established under para-
20
graph (1) may be used for planning, design, or con-
21
struction of a new advanced manufacturing facility.
22
(7) The Secretary shall require each participant
23
that receives an award under the program estab-
24
lished under paragraph (1) to certify to the Sec-
25
retary, at the time such award is made and annually
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1
thereafter, that none of the amounts of such award
2
have been used for the planning, design, or construc-
3
tion of a new advanced manufacturing facility.
4
(8) For the purposes of this section, the Sec-
5
retary, or such other person authorized to activate
6
the CRMN, activates the CRMN when the Secretary
7
or such other person issues a notice to the partici-
8
pants that the Secretary or such other person that
9
the CRMN is being activated.
10
(d) INTERIM REPORT.—Not later than 540 days
11 after the date of enactment of this Act, the Secretary shall
12 submit to the congressional defense committees—
13
14
(1) a report on progress of establishing the
CRMN, including—
15
(A) an assessment of a factory-as-a-service
16
model to enable CRMN establishment, reduce
17
the Government costs, minimize obsolescence of
18
participating manufacturing capabilities, and
19
enable rapid scaling;
20
(B) an analysis of opportunities for im-
21
proved efficiency and reductions in costs
22
through the use of advanced manufacturing and
23
value engineering, without sacrificing perform-
24
ance, reliability, quality, or safety;
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1
(C) any additional findings by the Sec-
2
retary related to laws, regulations, or policies
3
constraining participation in, or the operations
4
or effectiveness of, the CRMN, and rec-
5
ommendations to streamline the management,
6
oversight, and execution of the CRMN; and
7
(D) an assessment of the effectiveness of
8
any incentive structure implemented to mitigate
9
the risk described in section (a)(2)(B)(ii); and
10
(2) a strategy to transition castings or forgings
11
capabilities used to meet the needs of the Depart-
12
ment of Defense that are experiencing delays or cost
13
overruns to advanced manufacturing under the
14
CRMN.
15
(e) DEFINITIONS.—In this section:
16
(1) The term ‘‘advanced manufacturer’’ means
17
a manufacturer that uses advanced or adaptive man-
18
ufacturing.
19
(2) The term ‘‘advanced manufacturing’’ has
20
the meaning given such term in section 4841(f) of
21
title 10, United States Code, as added by this sec-
22
tion.
23
(3) The term ‘‘Civil Reserve Manufacturing
24
Network’’ means a network of manufacturers
25
partnering with the Secretary to rapidly convert
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1
commercial manufacturing capabilities or facilities
2
from commercial manufacturing or production to
3
Department of Defense-directed manufacturing or
4
production.
5
(4) The term ‘‘collaborative forum’’ means the
6
collaborative forum described in section 1844(a) of
7
this Act.
8
(5) The term ‘‘factory-as-a-service’’ means a
9
scalable, flexible manufacturing framework providing
10
rapid reconfiguration of production and real-time
11
collaboration across dispersed facilities.
12
(6) The term ‘‘participant’’ means a manufac-
13
turer, including an advanced manufacturer, partici-
14
pating in the CRMN.
15
(7) The term ‘‘Secretary’’ means the Secretary
16
of Defense.
17
(f) CONFORMING AMENDMENT.—
18
(1)
ADVANCED
MANUFACTURING
DEFINI-
19
TION.—Section 4841 of title 10, United States Code,
20
is amended by adding at the end the following new
21
subsection:
22
‘‘(f) ADVANCED MANUFACTURING DEFINED.—In
23 this section, the term ‘advanced manufacturing’ means
24 manufacturing through the use of interconnected, ad25 vanced technologies throughout the design and manufac-
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1387
1 turing process that enables modular, adaptable, and effi2 cient manufacturing, including software-controlled sub3 tractive manufacturing, additive manufacturing, powder
4 bed fusion manufacturing, and other similar manufac5 turing techniques.’’.
6
7
(2) CRISIS FRAMEWORK.—Section 3243 of title
10, United States Code, is amended—
8
(A)
by
redesignating
subsections
(e)
9
through (g) as subsections (f) through (h), re-
10
spectively; and
11
(B) by inserting after subsection (d) the
12
following new subsection:
13
‘‘(e) ADVANCED MANUFACTURING CRISIS QUALI-
14
FICATION FRAMEWORKS.—The head of the agency shall
15 establish a process to streamline and expedite the quali16 fication of advanced manufacturing sources, processes, or
17 products prior to or during wartime or upon activation of
18 the Civil Reserve Manufacturing Network (as defined in
19 section 1832 of National Defense Authorization Act for
20 Fiscal Year 2026), that addresses materials, systems, and
21 processes using a risk framework suitable for wartime or
22 during periods in which the CRMN is activated.’’.
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1
SEC. 1842. TRANSITION TO ADVANCED MANUFACTURING
2
FOR CERTAIN CRITICAL READINESS ITEMS
3
OF SUPPLY.
4
(a) PLAN REQUIRED.—Not later than 120 days after
5 the date of the enactment of this Act, the product support
6 manager for each covered system shall—
7
(1) conduct an assessment of critical readiness
8
items of supply that could be produced by advanced
9
manufacturing within the 24-month period following
10
the date of the enactment of this Act for the pur-
11
poses of—
12
(A) increasing the amount of such items of
13
supply to meet readiness rates;
14
(B) reducing manufacturing time or costs
15
of such items of supply; and
16
(C) increasing the ability to scale produc-
17
tion of such items of supply rapidly;
18
(2) identify any research, development, engi-
19
neering, or testing conducted by the original equip-
20
ment manufacturer, a contractor, or the Federal
21
Government required to transition production of
22
such items of supply to production by advanced
23
manufacturing; and
24
(3) submit to the appropriate program manager
25
and portfolio acquisition executive a plan to transi-
26
tion production described in paragraph (1) to the
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1
maximum extent practicable, along with an estimate
2
of non-recurring costs to complete such transition
3
and a recommendation whether such costs should be
4
paid by the appropriate contractor or the Federal
5
Government.
6
(b) USE OF EXISTING AUTHORITIES.—The product
7 support manager described in subsection (a) shall initiate
8 and coordinate qualification and acceptance of parts pro9 duced using advanced manufacturing to address critical
10 readiness items of supply using the expedited qualification
11 process established in section 865 of the National Defense
12 Authorization Act for Fiscal Year 2025 (10 U.S.C. 4811
13 note).
14
(e) DEFINITIONS.—In this section:
15
(1) The term ‘‘critical readiness items of sup-
16
ply’’ has the meaning given in section 1733 of title
17
10, United States Code, as added by section 1803
18
of this Act.
19
(2) The term ‘‘advanced manufacturing’’ has
20
the meaning given in section 4841(f) of title 10,
21
United States Code, as added by section 1841 of
22
this Act.
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1
SEC. 1843. WORKING GROUP ON THE ADVANCED MANUFAC-
2
3
TURING WORKFORCE.
(a) IN GENERAL.—Not later than 180 days after the
4 date of the enactment of this Act, the Secretary of Defense
5 shall establish a working group to identify opportunities
6 to address workforce shortages in advanced manufac7 turing career fields in the defense industrial base.
8
(b) MEMBERSHIP.—The working group shall consist
9 of members of the Joint Additive Manufacturing Working
10 Group of the Department of Defense and members of the
11 collaborative forum described in section 1844(a) of this
12 Act with an interest in addressing workforce shortages in
13 advanced manufacturing career fields in the defense in14 dustrial base.
15
(c) RESPONSIBILITIES.—The working group shall—
16
(1) identify estimated workforce shortages in
17
advanced manufacturing career fields in the defense
18
industrial base, including such workforce shortages
19
in the Department of Defense organic industrial
20
base;
21
(2) identify career fields in advanced manufac-
22
turing and the associated skills and abilities that are
23
required for such fields; and
24
(3) develop recommendations for—
25
(A) training, education, and career devel-
26
opment programs, including mid-career pro-
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1
grams, apprenticeships, internships, and sum-
2
mer camps, to prepare individuals for careers in
3
advanced manufacturing;
4
(B) the establishment of public-private
5
partnerships to provide workforce development
6
activities, including identifying incentives for
7
such partnerships for success in recruiting,
8
training, and retaining individuals in careers in
9
advanced manufacturing; and
10
(C) any policy changes needed to further
11
the participation of individuals in the advanced
12
manufacturing workforce of the defense indus-
13
trial base.
14
(d) REPORT.—Not later than one year after the date
15 of the enactment of this Act, the Secretary of Defense
16 shall submit to Congress a report containing—
17
(1) a summary of recommendations developed
18
by the working group under subsection (c)(3); and
19
(2) actions taken by the Secretary to implement
20
recommendations provided by such working group;
21
and
22
(3) actions taken by the Secretary to provide
23
training to enhance the knowledge and experience of
24
the workforce of the Department of Defense, includ-
25
ing—
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1
(A) the benefits, limitations, and commer-
2
cial best practices and business models for de-
3
signing, developing, and using products manu-
4
factured using advanced manufacturing; and
5
(B) recommended approaches for quali-
6
fying advanced manufacturing processes and
7
test and evaluation procedures using processes
8
established in section 865 of the National De-
9
fense Authorization Act for Fiscal Year 2025;
10
and
11
(4) a recommendation whether to continue or
12
terminate the working group.
13
(e) ADVANCED MANUFACTURING DEFINED.—In this
14 section, the term ‘‘advanced manufacturing’’ has the
15 meaning provided in section 4841(f) of title 10, United
16 States Code, as added by section 1841 of this Act.
17
SEC. 1844. COLLABORATIVE FORUM TO ADDRESS CHAL-
18
LENGES TO AND LIMITATIONS OF THE DE-
19
FENSE INDUSTRIAL BASE.
20
(a) ESTABLISHMENT.—Not later than 120 days after
21 the date of the enactment of this Act, the Secretary of
22 Defense shall identify one or more consortia or other enti23 ty to serve as a collaborative forum for government, pri24 vate sector, academia, and nonprofit entities with exper-
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1 tise in advanced manufacturing to address the challenges
2 to and limitations of the defense industrial base.
3
(b) AREAS OF FOCUS.—In addressing the challenges
4 to and limitations of the defense industrial base, a con5 sortia or entity identified under subsection (a) shall estab6 lish a working group (or other appropriate organization)
7 focused on each of the following areas:
8
9
(1) Eliminating barriers to a resilient and robust defense industrial base, including—
10
(A) policies and procedures that impede
11
businesses of all types and sizes from doing
12
business with the Department of Defense;
13
(B) policies, procedures, guidance, or
14
workforce training that result in the application
15
of contract requirements or clauses that should
16
not apply to the acquisition of a commercial
17
product or commercial service; and
18
(C) impediments to transitioning tech-
19
nology from research, development, testing, and
20
evaluation activities to acquisition programs
21
that are approved and funded.
22
(2) Assessing supply chain fragility, including—
23
(A) assessing vulnerabilities from reliance
24
on sole source dependencies and overreliance on
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1
countries that are not allies or partners of the
2
United States; and
3
(B) proposing mitigation measures to di-
4
versify sources of supply and to develop alter-
5
native sources supply to enhance resilience in
6
the supply chains of the Department.
7
(3) Expanding domestic manufacturing and in-
8
dustrial capacity, including—
9
(A) public-private partnerships with the or-
10
ganic industrial base, commercial manufactur-
11
ers, and other industrial entities;
12
(B) modernization of the defense industrial
13
base and supply chains by fostering the adop-
14
tion of advanced manufacturing, automation,
15
and other emerging capabilities;
16
(C) integrate commercial approaches to in-
17
formation technology, software, cloud-based
18
services, data management, and artificial intel-
19
ligence; and
20
(D) recommend financial incentives and
21
business models to encourage private-sector in-
22
vestment efforts to expand domestic manufac-
23
turing and industrial capacity.
24
(4) Developing and training a skilled workforce,
25
including—
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1
(A) adopting industry-leading programs or
2
other approaches to develop workforce skills in
3
advanced manufacturing, tailored for defense
4
capabilities; and
5
(B) creating opportunities for public-pri-
6
vate talent exchanges and skill-building initia-
7
tives in advanced manufacturing, supply chain
8
management, and risk management.
9
(c) WORK PRODUCTS AND RECOMMENDATIONS.—
10 The Secretary of Defense shall consider relevant work
11 products and recommendations developed through activi12 ties of the working group established under subsection (b)
13 in developing and updating Department of Defense poli14 cies, regulations, instructions, and manuals in order to
15 meet the requirements of the defense acquisition system
16 as defined in section 3001 of title 10, United States Code.
17
(d) ANNUAL BRIEFING.—Not later than March 1,
18 2026, and annually there after until March 1, 2029, the
19 Secretary shall provide to the Committees on Armed Serv20 ices of the Senate and House of Representatives a briefing
21 that includes—
22
23
(1) a summary of the implementation of this
section;
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1
(2) a summary of any work products and rec-
2
ommendations provided to the Secretary under sub-
3
section (c); and
4
(3) any recommendations for actions by Con-
5
gress to address the challenges to and limitations of
6
the defense industrial base.
7
(e) DEFINITIONS.—In this section:
8
(1) The term ‘‘advanced manufacturing’’ has
9
the meaning given in section 4841(f) of title 10,
10
United States Code, as added by section 1841 of
11
this Act.
12
(2) The term ‘‘organic industrial base’’ has the
13
meaning given in section 2476(f) of title 10, United
14
States Code.
15
SEC. 1845. FACILITY CLEARANCE ACCELERATION FOR
16
MEMBERS OF DEFENSE INDUSTRIAL CON-
17
SORTIUMS.
18
(a) ACCELERATION OF FACILITY CLEARANCE.—The
19 Secretary of Defense shall ensure that each entity that
20 is a member of the collaborative forum described in section
21 1844(a) of this Act—
22
(1) is sponsored for a facility clearance;
23
(2) is provided access to sensitive compart-
24
mented information facilities and classified networks
25
where the member can perform classified work; and
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1
(3) not less than quarterly, is invited to in-per-
2
son meetings with relevant personnel of the Depart-
3
ment of Defense to discuss classified information.
4
(b) PLAN.—Not later than 90 days after the date of
5 the enactment of this Act, the Secretary of Defense shall
6 submit to the congressional defense committees a report
7 detailing a plan to increase the number of facility clear8 ances provided to members described in subsection (a) or
9 to companies awarded contracts in accordance with Execu10 tive Order 12968. Such plan shall include—
11
(1) an assessment of any existing related efforts
12
to increase sensitive compartmented information fa-
13
cilities and how such efforts might be accelerated
14
and elevated in priority;
15
(2) target metrics for increased facility clear-
16
ances in association with membership in the collabo-
17
rative forum described in subsection (a) or to com-
18
panies awarded contracts in accordance with Execu-
19
tive Order 12968;
20
(3) an identification of any additional funding
21
or authorities required to support increased proc-
22
essing of facility clearances; and
23
24
(4) any other matters the Secretary of Defense
considers relevant.
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1
SEC. 1846. IMPROVEMENTS RELATING TO ADVANCED MAN-
2
UFACTURING.
3
(a) LEADERSHIP CHANGES.—
4
(1) JOINT DEFENSE MANUFACTURING TECH-
5
NOLOGY PANEL.—Section
6
United States Code, is amended by striking ‘‘The
7
Chair of’’ and all that follows through ‘‘programs.’’
8
and inserting the following: ‘‘The Panel shall be co-
9
chaired by the Under Secretary of Defense for Ac-
10
quisition and Sustainment and the Under Secretary
11
of Defense for Research and Engineering.’’.
4842(b)(1) of title 10,
12
(2) JOINT ADDITIVE MANUFACTURING WORK-
13
ING GROUP.—The Secretary of Defense shall ensure
14
that the Joint Additive Manufacturing Working
15
Group shall be cochaired by the Under Secretary of
16
Defense for Acquisition and Sustainment and the
17
Under Secretary of Defense for Research and Engi-
18
neering.
19
(3) CONSORTIUM
ON
ADDITIVE
MANUFAC-
CAPABILITY
DEVELOP-
20
TURING
21
MENT.—Section
22
thorization Act for Fiscal Year 2024 (10 U.S.C.
23
4841 note) is amended—
24
25
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FOR
DEFENSE
223 of the National Defense Au-
(A) by redesignating subsection (c) as subsection (d); and
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1399
1
(B) by inserting after subsection (b) the
2
3
following new subsection (c):
‘‘(c) COCHAIRS.—The Consortium shall be cochaired
4 by the Under Secretary of Defense for Acquisition and
5 Sustainment and the Under Secretary of Defense for Re6 search and Engineering.’’.
7
8
(b) ADVANCED MANUFACTURING POLICY REVIEW
AND GUIDANCE.—
9
(1) POLICY
REVIEW.—Not
later than Sep-
10
tember 30, 2026, the Under Secretary of Defense
11
for Acquisition and Sustainment and the Under Sec-
12
retary of Defense for Research and Engineering, in
13
consultation with each Secretary of a military de-
14
partment, shall—
15
(A) review the policies and procedures of
16
the Department of Defense to identify policies
17
and procedures for the qualification, accept-
18
ance, and management of the supply chains of
19
products that are insufficient for or not applica-
20
ble to products manufactured using advanced
21
manufacturing;
22
(B) identify any changes to the policies
23
and procedures of the Department required for
24
the Department to benefit fully from access to
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1400
1
and use of products manufactured using ad-
2
vanced manufacturing; and
3
(C) updated such policies as required.
4
(2) GUIDANCE.—Not later than September 30,
5
2027, the Under Secretary of Defense for Acquisi-
6
tion and Sustainment and the Under Secretary of
7
Defense for Research and Engineering, in consulta-
8
tion with each Secretary of a military department,
9
shall issue guidance on the use of advanced manu-
10
facturing capabilities to improve the ability of the
11
Department of Defense to execute missions. Such
12
guidance shall include, at a minimum—
13
(A) a methodology for qualifying advanced
14
manufacturing processes of the Department of
15
Defense, including on a machine-by-machine
16
basis, rather than qualifying individual parts
17
produced using advanced manufacturing;
18
(B) a methodology for standardizing tech-
19
nical production specifications, testing proc-
20
esses, and data reciprocity to share and accept
21
test results of the same parts produced using
22
advanced manufacturing across military depart-
23
ments;
24
(C) test and evaluation procedures which
25
utilize expedited qualification and testing proce-
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1401
1
dures established in section 865 of the National
2
Defense Authorization Act for Fiscal Year 2025
3
(10 U.S.C. 4811 note);
4
(D) a methodology for streamlined quali-
5
fication and acceptance of contractor-provided
6
parts where the contractor uses advanced man-
7
ufacturing processes to produce such parts;
8
(E) processes for management of the sup-
9
ply chains of the Department of Defense that
10
are comprised of similar or identical parts that
11
were manufactured using different manufac-
12
turing techniques;
13
(F) processes to allow for streamlined in-
14
cremental qualification of an advanced manu-
15
facturing process, rather than complete requali-
16
fication of such process if changes are made to
17
the design process or the manufacturing proc-
18
ess; and
19
(G) processes to explore the option for
20
third-party, external certification of entities
21
using advanced manufacturing processes that—
22
(i) can supply technology that meets
23
the requirements of the Department of De-
24
fense; and
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1402
1
(ii) cannot afford, or do not have in-
2
house expertise, to provide such certifi-
3
cation.
4
(3) ADVANCED MANUFACTURING DEFINED.—In
5
this subsection, the term ‘‘advanced manufacturing’’
6
has the meaning given in section 4841(f) of title 10,
7
United States Code, as added by section 1841 of
8
this Act.
9
SEC. 1847. REPORT ON SURGE CAPACITY IN THE DEFENSE
10
11
INDUSTRIAL BASE.
(a) REPORT REQUIRED.—Not later than March 1,
12 2026, the Assistant Secretary of Defense for Industrial
13 Base Policy and the Director of Defense Pricing, Con14 tracting, and Acquisition Policy shall jointly submit to the
15 Committees on Armed Services of the House of Represent16 atives and the Senate a report on efforts to identify and
17 address regulations or policies that discourage or prevent
18 contractors in the defense industrial base from maintain19 ing or investing in surge capacity.
20
(b) ELEMENTS.—The report required subsection (a)
21 shall include the following:
22
(1) An identification of policies that incentivize
23
contractors in the defense industrial base to reduce
24
or
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capacity,
including
section
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1403
1
31.205-17 of the Federal Acquisition Regulation (re-
2
lating to idle facilities and idle capacity costs).
3
(2) Any steps taken by the Secretary of De-
4
fense to address regulatory barriers discouraging or
5
preventing contractors in the defense industrial base
6
from maintaining or investing in surge capacity
7
within the defense industrial base as part of the im-
8
plementation of Executive Order 14265 titled ‘‘Mod-
9
ernizing Defense Acquisitions and Spurring Innova-
10
tion in the Defense Industrial Base’’ (90 Fed. Reg.
11
15621; April 15, 2025).
12
(3) The assessment of the demonstration exer-
13
cise of industrial mobilization and supply chain man-
14
agement planning capabilities required by section
15
859(d) of the National Defense Authorization Act
16
for Fiscal Year 2023 (10 U.S.C. 4811 note).
17
(c) SURGE CAPACITY DEFINED.—In this section, the
18 term ‘‘surge capacity’’ mean the ability of contractors in
19 the defense industrial base to rapidly increase production
20 capacity to meet increased demand for defense articles and
21 defense services (as such terms are defined, respectively,
22 in section 301 of title 10, United States Code).
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1404
DIVISION
B—MILITARY
CON2
STRUCTION
AUTHORIZA3
TIONS
1
4
SEC. 2001. SHORT TITLE.
5
This division may be cited as the ‘‘Military Construc-
6 tion Authorization Act for Fiscal Year 2026’’.
7
SEC.
2002.
EXPIRATION
OF
AUTHORIZATIONS
AND
8
AMOUNTS REQUIRED TO BE SPECIFIED BY
9
LAW.
10
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVII for mili13 tary construction projects, land acquisition, family housing
14 projects and facilities, and contributions to the North At15 lantic Treaty Organization Security Investment Program
16 (and authorizations of appropriations therefor) shall ex17 pire on the later of—
18
(1) October 1, 2028; or
19
(2) the date of the enactment of an Act author-
20
izing funds for military construction for fiscal year
21
2029.
22
(b) EXCEPTION.—Subsection (a) shall not apply to
23 authorizations for military construction projects, land ac24 quisition, family housing projects and facilities, and con25 tributions to the North Atlantic Treaty Organization Seg:\VHLC\120725\120725.005.xml
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1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have
3 been obligated before the later of—
4
(1) October 1, 2028; or
5
(2) the date of the enactment of an Act author-
6
izing funds for fiscal year 2029 for military con-
7
struction projects, land acquisition, family housing
8
projects and facilities, or contributions to the North
9
Atlantic Treaty Organization Security Investment
10
Program.
11
12
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the
13 later of—
14
(1) October 1, 2025; or
15
(2) the date of the enactment of this Act.
16
TITLE XXI—ARMY MILITARY
CONSTRUCTION
17
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family Housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2021 project at Fort
Gillem, Georgia.
Sec. 2105. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2106. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2107. Modification of authority to carry out fiscal year 2025 project at
Smith Barracks, Germany.
18
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
19
20
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
21 appropriated pursuant to the authorization of appropriag:\VHLC\120725\120725.005.xml
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1 tions in section 2103(a) and available for military con2 struction projects inside the United States as specified in
3 the funding table in section 4601, the Secretary of the
4 Army may acquire real property and carry out military
5 construction projects for the installations or locations in6 side the United States, and in the amounts, set forth in
7 the following table:
Army: Inside the United States
State
Installation or Location
Amount
Alabama ............................
Alaska ...............................
Florida ..............................
Anniston Army Depot ...........................................
Fort Wainwright ...................................................
Eglin Air Force Base ............................................
Naval Air Station Key West .................................
Fort Gillem ...........................................................
Joint Region Marianas ..........................................
Rock Island Arsenal ..............................................
Crane Army Ammunition Plant ............................
Fort Riley ..............................................................
Fort Campbell .......................................................
Fort Hamilton .......................................................
Watervliet Arsenal ................................................
Fort Bragg ............................................................
Letterkenny Army Depot ......................................
Tobyhanna Army Depot ........................................
Fort Jackson .........................................................
Joint Base Lewis-McChord ...................................
$115,000,000
$208,000,000
$91,000,000
$457,000,000
$166,000,000
$440,000,000
$50,000,000
$208,000,000
$39,200,000
$157,000,000
$31,000,000
$29,000,000
$19,000,000
$91,500,000
$68,000,000
$51,000,000
$207,000,000
Georgia .............................
Guam ................................
Illinois ...............................
Indiana .............................
Kansas ..............................
Kentucky ..........................
New York ..........................
North Carolina .................
Pennsylvania .....................
South Carolina .................
Washington .......................
8
(b) OUTSIDE THE UNITED STATES.—Using amounts
9 appropriated pursuant to the authorization of appropria10 tions in section 2103(a) and available for military con11 struction projects outside the United States as specified
12 in the funding table in section 4601, the Secretary of the
13 Army may acquire real property and carry out military
14 construction projects for the installations or locations out15 side the United States, and in the amounts, set forth in
16 the following table:
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Army: Outside the United States
Country
Installation or Location
Germany ..............
Smith Barracks .....................................
U.S. Army Garrison Ansbach ...............
$62,000,000
$92,000,000
U.S. Army Garrison Kwajalein ............
$203,000,000
Republic of the
Marshall Islands
1
Amount
(c) REPEAL OF PRIOR AUTHORIZATION.—The au-
2 thorization table in section 2101(a) of the Military Con3 struction Authorization Act for Fiscal Year 2025 (division
4 B of Public Law 118–159; 138 Stat. 2217) is amended—
5
6
(1) by striking the item relating to ‘‘Florida’’ in
the ‘‘State’’ column;
7
(2) by striking the item relating to ‘‘Naval Air
8
Station Key West’’ in the ‘‘Installation’’ column; and
9
10
11
12
(3)
by
striking
the
item
relating
to
‘‘$90,000,000’’ in the ‘‘Amount’’ column.
SEC. 2102. FAMILY HOUSING.
(a)
CONSTRUCTION
AND
ACQUISITION.—Using
13 amounts appropriated pursuant to the authorization of ap14 propriations in section 2103(a) and available for military
15 family housing functions as specified in the funding table
16 in section 4601, the Secretary of the Army may construct
17 or acquire family housing units (including land acquisition
18 and supporting facilities) at the installations or locations,
19 in the number of units, and in the amounts set forth in
20 the following table:
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1408
Army: Family Housing
1
Country
Installation
Belgium ...............
Germany ..............
Chièvres Air Base .................................
U.S. Army Garrison Bavaria ................
Amount
$145,042,000
$50,692,000
(b) PLANNING AND DESIGN.—Using amounts appro-
2 priated pursuant to the authorization of appropriations in
3 section 2103(a) and available for military family housing
4 functions as specified in the funding table in section 4601,
5 the Secretary of the Army may carry out architectural and
6 engineering services and construction design activities
7 with respect to the construction or improvement of family
8 housing units in an amount not to exceed $32,824,000.
9
10
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
11 are hereby authorized to be appropriated for fiscal years
12 beginning after September 30, 2025, for military con13 struction, land acquisition, and military family housing
14 functions of the Department of the Army as specified in
15 the funding table in section 4601.
16
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and
19 any other cost variation authorized by law, the total cost
20 of all projects carried out under sections 2101 and 2102
21 of this Act may not exceed the total amount authorized
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1409
1 to be appropriated under subsection (a), as specified in
2 the funding table in section 4601.
3
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
4
CAL YEAR 2021 PROJECT AT FORT GILLEM,
5
GEORGIA.
6
(a) EXTENSION.—Notwithstanding section 2002 of
7 the Military Construction Authorization Act for Fiscal
8 Year 2021 (division B of Public Law 116–283; 134 Stat.
9 4294), the authorization set forth in the table in sub10 section (b) , as provided in section 2101(a) of that Act
11 (134 Stat. 4295) and most recently extended by section
12 2107 of the Military Construction Authorization Act for
13 Fiscal Year 2025 (division B of Public Law 118–159; 138
14 Stat. 2216), shall remain in effect until October 1, 2026,
15 or the date of the enactment of an Act authorizing funds
16 for military construction for fiscal year 2027, whichever
17 is later.
18
(b) TABLE.—The table referred to in subsection (a)
19 is as follows:
Army: Extension of 2021 Project Authorization
State
Installation or
Location
Project
Georgia ...........
Fort Gillem ..................
Forensic Laboratory
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Original Authorized
Amount
$71,000,000
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1410
1
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT CER-
2
TAIN FISCAL YEAR 2022 PROJECTS.
3
(a) EXTENSION.—Notwithstanding section 2002 of
4 the Military Construction Authorization Act for Fiscal
5 Year 2022 (division B of Public Law 117–81; 135 Stat.
6 2161), the authorizations set forth in the table in sub7 section (b), as provided in section 2101 of that Act (135
8 Stat. 2163) and extended by section 2108 of the Military
9 Construction Authorization Act for Fiscal Year 2025 (di10 vision B of Public Law 118–159; 138 Stat. 2216), shall
11 remain in effect until October 1, 2026, or the date of the
12 enactment of an Act authorizing funds for military con13 struction for fiscal year 2027, whichever is later.
14
(b) TABLE.—The table referred to in subsection (a)
15 is as follows:
Army: Extension of 2022 Project Authorizations
State/
Country
Installation or
Location
Georgia ...........
Germany .........
Fort Stewart ................
Smith Barracks ...........
Hawaii ............
West Loch Naval Magazine Annex.
Fort Bliss .....................
Texas ..............
Project
Original Authorized
Amount
Barracks ..................
Live Fire Exercise
Shoothouse ..........
Ammunition Storage
Defense Access
Roads ..................
$105,000,000
$16,000,000
$51,000,000
$20,000,000
16
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CER-
17
TAIN FISCAL YEAR 2023 PROJECTS.
18
(a) EXTENSION.—Notwithstanding section 2002 of
19 the Military Construction Authorization Act for Fiscal
20 Year 2023 (division B of Public Law 117–263; 136 Stat.
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1 2970), the authorization set forth in the table in sub2 section (b), as provided in section 2101 of that Act (136
3 Stat. 2971), shall remain in effect until October 1, 2026,
4 or the date of the enactment of an Act authorizing funds
5 for military construction for fiscal year 2027, whichever
6 is later.
7
(b) TABLE.—The table referred to in subsection (a)
8 is as follows:
Army: Extension of 2023 Project Authorizations
State/
Country
Installation or
Location
Alabama .........
Hawaii ............
Redstone Arsenal .........
Fort Shafter .................
Schofield Barracks .......
Germany .........
Japan .............
Tripler Army Medical
Center.
East Camp
Grafenwoehr.
Kadena Air Force Base
Project
Physics Lab .............
Water System Upgrade ...................
Company Operations
Facility ................
Water System Upgrade ...................
EDI: Battalion Trng
Cplx1 (Brks/Veh
Maint). ................
EDI: Battalion Trng
Cplx2 (OPS/Veh
Maint). ................
Vehicle Maintenance
Shop ....................
Original Authorized
Amount
$44,000,000
$33,000,000
$159,000,000
$38,000,000
$104,000,000
$64,000,000
$80,000,000
9
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT
10
FISCAL YEAR 2025 PROJECT AT SMITH BAR-
11
RACKS, GERMANY.
12
In the case of the authorization contained in the table
13 in section 2101(b) of the Military Construction Authoriza14 tion Act for Fiscal Year 2025 (division B of Public Law
15 118–159; 138 Stat. 2213) for Hohenfels Training Area,
16 for construction of a barracks as specified in the funding
17 table in section 4601 of such Act, the Secretary of the
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1 Army may construct a barracks at Smith Barracks, Ger2 many.
3
4
TITLE XXII—NAVY MILITARY
CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family Housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out fiscal year 2022 project at Marine Corps Air Station Cherry Point, North Carolina.
Sec. 2205. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2206. Extension of authority to carry out certain fiscal year 2023 projects.
5
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
6
7
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
8 appropriated pursuant to the authorization of appropria9 tions in section 2203(a) and available for military con10 struction projects inside the United States as specified in
11 the funding table in section 4601, the Secretary of the
12 Navy may acquire real property and carry out military
13 construction projects for the installations or locations in14 side the United States, and in the amounts, set forth in
15 the following table:
Navy: Inside the United States
State
Installation or Location
Amount
California ..........................
Marine Corps Base Camp Pendleton ....................
Naval Air Station Lemoore ...................................
Naval Base Coronado ............................................
Naval Base Point Loma ........................................
Naval Base San Diego ..........................................
Naval Base Ventura County Point Mugu .............
Naval Support Activity Monterey .........................
Naval Submarine Base New London ....................
Naval Research Laboratory ..................................
Marine Corps Support Facility Blount Island ......
Naval Air Station Jacksonville .............................
Naval Air Station Pensacola .................................
Andersen Air Force Base ......................................
Joint Region Marianas ..........................................
$176,040,000
$399,610,000
$301,620,000
$68,000,000
$86,820,000
$164,000,000
$430,000,000
$300,149,000
$157,000,000
$94,100,000
$374,900,000
$164,000,000
$70,070,000
$32,000,000
Connecticut .......................
District of Columbia .........
Florida ..............................
Guam ................................
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Navy: Inside the United States—Continued
State
Hawaii ..............................
Maine ................................
Maryland ..........................
Nevada ..............................
North Carolina .................
Pennsylvania .....................
Rhode Island ....................
South Carolina .................
Virginia .............................
Washington .......................
Worldwide Unspecified .....
1
Installation or Location
Amount
Naval Base Guam .................................................
Marine Corps Base Camp Blaz ............................
Joint Base Pearl Harbor-Hickam .........................
Marine Corps Base Kaneohe Bay .........................
Pacific Missile Range Facility Barking Sands .....
Portsmouth Naval Shipyard .................................
Naval Support Activity Washington Suitland ......
US Naval Academy Annapolis ..............................
Naval Air Station Fallon ......................................
Marine Corps Base Camp Lejeune .......................
Naval Support Activity Mechanicsburg ................
Naval Station Newport .........................................
Joint Base Charleston ...........................................
Marine Corps Base Quantico ................................
Naval Station Norfolk ...........................................
Naval Air Station Whidbey Island ........................
Naval Base Kitsap-Bangor ...................................
Unspecified Worldwide Locations .........................
$105,950,000
$61,010,000
$83,000,000
$143,510,000
$235,730,000
$1,042,000,000
$114,000,000
$86,000,000
$47,000,000
$48,280,000
$94,140,000
$190,000,000
$357,900,000
$63,560,000
$1,582,490,000
$202,000,000
$245,700,000
$140,070,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
2 appropriated pursuant to the authorization of appropria3 tions in section 2203(a) and available for military con4 struction projects outside the United States as specified
5 in the funding table in section 4601, the Secretary of the
6 Navy may acquire real property and carry out military
7 construction projects for the installations or locations out8 side the United States, and in the amounts, set forth in
9 the following table:
Navy: Outside the United States
10
11
Country
Installation or Location
Japan .......................
Marine Corps Base Camp Smedley D. Butler.
Amount
$58,000,000
SEC. 2202. FAMILY HOUSING.
(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING
12 UNITS.—Subject to section 2825 of title 10, United States
13 Code, and using amounts appropriated pursuant to the
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1 authorization of appropriations in section 2203(a) and
2 available for military family housing functions as specified
3 in the funding table in section 4601, the Secretary of the
4 Navy may improve existing military family housing units
5 in an amount not to exceed $68,230,000.
6
(b) PLANNING AND DESIGN.—Using amounts appro-
7 priated pursuant to the authorization of appropriations in
8 section 2203(a) and available for military family housing
9 functions as specified in the funding table in section 4601,
10 the Secretary of the Navy may carry out architectural and
11 engineering services and construction design activities
12 with respect to the construction or improvement of family
13 housing units in an amount not to exceed $6,605,000.
14
15
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
16 are hereby authorized to be appropriated for fiscal years
17 beginning after September 30, 2025, for military con18 struction, land acquisition, and military family housing
19 functions of the Department of the Navy, as specified in
20 the funding table in section 4601.
21
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
22 PROJECTS.—Notwithstanding the cost variations author23 ized by section 2853 of title 10, United States Code, and
24 any other cost variation authorized by law, the total cost
25 of all projects carried out under sections 2201 and 2202
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1 of this Act may not exceed the total amount authorized
2 to be appropriated under subsection (a), as specified in
3 the funding table in section 4601.
4
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
5
CAL YEAR 2022 PROJECT AT MARINE CORPS
6
AIR STATION CHERRY POINT, NORTH CARO-
7
LINA.
8
(a) EXTENSION.—Notwithstanding section 2002 of
9 the Military Construction Authorization Act for Fiscal
10 Year 2022 (division B of Public Law 117–81), the author11 ization set forth in the table in subsection (b), as author12 ized pursuant to section 2201 of such Act, shall remain
13 in effect until October 1, 2026, or the date of the enact14 ment of an Act authorizing funds for military construction
15 for fiscal year 2027, whichever is later.
16
(b) TABLE.—The table referred to in subsection (a)
17 is as follows:
Navy and Marine Corps: Extension of 2022 Project
Authorization
State/
Country
Installation or
Location
North Carolina
Marine Corps Air Station Cherry Point .....
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Project
Flightline Utilities
Modernization Ph
2 ..........................
Original Authorized
Amount
$113,520,000
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1
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CER-
2
TAIN FISCAL YEAR 2022 PROJECTS.
3
(a) EXTENSION.—Notwithstanding section 2002 of
4 the Military Construction Authorization Act for Fiscal
5 Year 2022 (division B of Public Law 117–81; 135 Stat.
6 2161), the authorizations set forth in the table in sub7 section (b), as provided in sections 2201 and 2202 of that
8 Act (135 Stat. 2166, 2167) and extended by section 2207
9 of the Military Construction Authorization Act for Fiscal
10 Year 2025 (division B of Public Law 118–159; 138 Stat.
11 2221), shall remain in effect until October 1, 2026, or the
12 date of the enactment of an Act authorizing funds for mili13 tary construction for fiscal year 2027, whichever is later.
14
(b) TABLE.—The table referred to in subsection (a)
15 is as follows:
Navy: Extension of 2022 Project Authorizations
Original Authorized
Amount
State/Country
Installation or
Location
Project
California .......
Marine Corps
Base Camp
Pendleton.
Marine Barracks
Washington.
Marine Corps
Support Facility Blount Island.
Marine Corps
Base Kaneohe
Bay.
Marine Corps Air
Station Beaufort.
CLB MEU Complex ..........
$83,900,000
Family Housing Improvements.
Lighterage and Small
Craft Facility.
$10,415,000
Electrical Distribution
Modernization.
$64,500,000
Aircraft Maintenance
Hangar.
$122,600,000
District of Columbia.
Florida ...........
Hawaii ............
South Carolina
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$69,400,000
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1417
1
SEC. 2206. EXTENSION OF AUTHORITY TO CARRY OUT CER-
2
TAIN FISCAL YEAR 2023 PROJECTS.
3
(a) EXTENSION.—Notwithstanding section 2002 of
4 the Military Construction Authorization Act for Fiscal
5 Year 2023 (division B of Public Law 117–263; 136 Stat.
6 2970), the authorizations set forth in the table in sub7 section (b), as provided in section 2201 of that Act (136
8 Stat. 2975), shall remain in effect until October 1, 2026,
9 or the date of the enactment of an Act authorizing funds
10 for military construction for fiscal year 2027, whichever
11 is later.
12
(b) TABLE.—The table referred to in subsection (a)
13 is as follows:
Navy: Extension of 2023 Project Authorizations
State/Country
Installation or
Location
Florida ...........
Naval Air Station
Jacksonville .....
Hawaii ............
Nevada ...........
North Carolina
South Carolina
Spain ..............
Joint Base Pearl
Harbor-Hickam
Naval Air Station
Fallon ..............
Marine Corps Air
Station Cherry
Point ...............
Marine Corps Recruit Depot
Parris Island ...
.............................
Naval Station
Rota ................
Project
Original Authorized
Amount
Engine Test Cells Modifications .........................
$100,570,000
Missile Magazines .............
$142,783,000
F–35C Aircraft Maintenance Hangar ................
$111,566,000
CH–53K Gearbox Repair
and Test Facility ...........
$44,830,000
Recruit Barracks ...............
Recruit Barracks ...............
$81,890,000
$85,040,000
EDI: Missile Magazines ....
$92,323,000
TITLE XXIII—AIR FORCE
MILITARY CONSTRUCTION
14
15
Sec. 2301. Authorized Air Force construction and land acquisition projects.
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Sec. 2302. Family Housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out fiscal year 2017 project at
Spangdahlem Air Base, Germany.
Sec. 2305. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2308. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year 2025
projects.
1
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
2
LAND ACQUISITION PROJECTS.
3
(a) INSIDE THE UNITED STATES.—Using amounts
4 appropriated pursuant to the authorization of appropria5 tions in section 2303(a) and available for military con6 struction projects inside the United States as specified in
7 the funding table in section 4601, the Secretary of the
8 Air Force may acquire real property and carry out mili9 tary construction projects for the installations or locations
10 inside the United States, and in the amounts, set forth
11 in the following table:
Air Force: Inside the United States
State
Installation or Location
Arizona .....................
Davis-Monthan Air Force Base .................
Luke Air Force Base .................................
Travis Air Force Base ...............................
Cape Canaveral Space Force Station ........
Eglin Air Force Base ................................
Hurlburt Field ...........................................
MacDill Air Force Base ............................
Moody Air Force Base ..............................
Robins Air Force Base ..............................
Barksdale Air Force Base .........................
Hanscom Air Force Base ..........................
Columbus Air Force Base .........................
Whiteman Air Force Base .........................
Cannon Air Force Base .............................
Kirtland Air Force Base ...........................
Seymour Johnson Air Force Base ............
Wright-Patterson Air Force Base .............
Tinker Air Force Base ..............................
Ellsworth Air Force Base ..........................
Dyess Air Force Base ................................
Goodfellow Air Force Base ........................
California ..................
Florida ......................
Georgia .....................
Louisiana ..................
Massachusetts ..........
Mississippi ................
Missouri ....................
New Mexico ..............
North Carolina .........
Ohio ..........................
Oklahoma .................
South Dakota ...........
Texas ........................
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Amount
$174,000,000
$45,000,000
$60,000,000
$49,800,000
$182,000,000
$66,000,000
$74,000,000
$35,000,000
$28,000,000
$116,000,000
$55,000,000
$14,200,000
$127,600,000
$169,000,000
$200,000,000
$95,000,000
$45,000,000
$497,000,000
$378,000,000
$90,800,000
$112,000,000
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Air Force: Inside the United States—Continued
1
State
Installation or Location
Utah .........................
Hill Air Force Base ...................................
Amount
$250,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
2 appropriated pursuant to the authorization of appropria3 tions in section 2303(a) and available for military con4 struction projects outside the United States as specified
5 in the funding table in section 4601, the Secretary of the
6 Air Force may acquire real property and carry out mili7 tary construction projects for the installations or locations
8 outside the United States, and in the amounts, set forth
9 in the following table:
Air Force: Outside the United States
10
11
Country
Installation or Location
Amount
Diego Garcia ..............
Germany ....................
Greenland ..................
Norway ......................
United Kingdom ........
Naval Support Facility Diego Garcia ..........
Ramstein Air Base .......................................
Pituffik Space Base .....................................
Royal Norwegian Air Force Base Rygge .....
Royal Air Force Feltwell ..............................
Royal Air Force Lakenheath .......................
$29,000,000
$44,000,000
$32,000,000
$72,000,000
$20,000,000
$253,000,000
SEC. 2302. FAMILY HOUSING.
(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING
12 UNITS.—Subject to section 2825 of title 10, United States
13 Code, and using amounts appropriated pursuant to the
14 authorization of appropriations in section 2303(a) and
15 available for military family housing functions as specified
16 in the funding table in section 4601, the Secretary of the
17 Air Force may improve existing military family housing
18 units in an amount not to exceed $237,655,000.
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1
(b) PLANNING AND DESIGN.—Using amounts appro-
2 priated pursuant to the authorization of appropriations in
3 section 2303(a) and available for military family housing
4 functions as specified in the funding table in section 4601,
5 the Secretary of the Air Force may carry out architectural
6 and engineering services and construction design activities
7 with respect to the construction or improvement of family
8 housing units in an amount not to exceed $36,575,000.
9
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR
10
11
FORCE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
12 are hereby authorized to be appropriated for fiscal years
13 beginning after September 30, 2025, for military con14 struction, land acquisition, and military family housing
15 functions of the Department of the Air Force, as specified
16 in the funding table in section 4601.
17
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and
20 any other cost variation authorized by law, the total cost
21 of all projects carried out under sections 2301 and 2302
22 of this Act may not exceed the total amount authorized
23 to be appropriated under subsection (a), as specified in
24 the funding table in section 4601.
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1
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
2
CAL YEAR 2017 PROJECT AT SPANGDAHLEM
3
AIR BASE, GERMANY.
4
(a) EXTENSION.—Notwithstanding section 2002 of
5 the Military Construction Authorization Act for Fiscal
6 Year 2017 (division B of Public Law 114–328; 130 Stat.
7 2688), the authorization set forth in the table in sub8 section (b), as provided in section 2902 of that Act (130
9 Stat. 2743) and most recently extended by section 2304
10 of the Military Construction Authorization Act for Fiscal
11 Year 2025 (division B of Public Law 118–159; 138 Stat.
12 2224), shall remain in effect until October 1, 2026, or the
13 date of the enactment of an Act authorizing funds for mili14 tary construction for fiscal year 2027, whichever is later.
15
(b) TABLE.—The table referred to in subsection (a)
16 is as follows:
Air Force: Extension of 2017 Project Authorization
Country
Installation or
Location
Germany .........
Spangdahlem Air Base
Project
Original Authorized
Amount
ERI: F/A–22 Low
Observable/Comp
Repair Fac ..........
$12,000,000
17
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CER-
18
TAIN FISCAL YEAR 2019 PROJECTS.
19
(a) EXTENSION.—Notwithstanding section 2002 of
20 the Military Construction Authorization Act for Fiscal
21 Year 2019 (division B of Public Law 115–232; 132 Stat.
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1 2240), the authorizations set forth in the table in sub2 section (b), as provided in section 2903 of that Act (132
3 Stat. 2287) and most recently extended by section 2306
4 of the Military Construction Authorization Act for Fiscal
5 Year 2025 (division B of Public Law 118–159; 138 Stat.
6 2225), shall remain in effect until October 1, 2026, or the
7 date of the enactment of an Act authorizing funds for mili8 tary construction for fiscal year 2027, whichever is later.
9
(b) TABLE.—The table referred to in subsection (a)
10 is as follows:
Air Force: Extension of 2019 Project Authorization
Installation or
Location
Country
United Kingdom .............
........................
Royal Air Force
Fairford ....................
......................................
Project
Original Authorized
Amount
EDI: Construct
DABS-FEV Storage .......................
EDI: Munitions
Holding Area .......
$87,000,000
$19,000,000
11
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CER-
12
TAIN FISCAL YEAR 2020 PROJECTS.
13
(a) EXTENSION.—Notwithstanding section 2002 of
14 the Military Construction Authorization Act for Fiscal
15 Year 2020 (division B of Public Law 116–92; 133 Stat.
16 1862), the authorizations set forth in the table in sub17 section (b), as provided in sections 2301(a) and 2912(a)
18 of that Act (133 Stat. 1867, 1913), and extended by sec19 tion 2307 of the Military Construction Authorization Act
20 for Fiscal Year 2025 (division B of Public Law 118–159;
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1423
1 138 Stat. 2226), shall remain in effect until October 1,
2 2026, or the date of the enactment of an Act authorizing
3 funds for military construction for fiscal year 2027, which4 ever is later.
5
(b) TABLE.—The table referred to in subsection (a)
6 is as follows:
Air Force: Extension of 2020 Project Authorizations
State
Installation or
Location
Florida ...........
Tyndall Air Force Base
Georgia ...........
Moody Air Force Base
Project
Original
Authorized
Amount
Deployment Center/
Flight Line Dining/AAFES ..........
41 RQS HH–60W
Apron ..................
$43,000,000
$12,500,000
7
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CER-
8
TAIN FISCAL YEAR 2022 PROJECTS.
9
(a) EXTENSION.—Notwithstanding section 2002 of
10 the Military Construction Authorization Act for Fiscal
11 Year 2022 (division B of Public Law 117–81; 135 Stat.
12 2161), the authorizations set forth in the table in sub13 section (b), as provided in section 2301 of that Act (135
14 Stat. 2168) and extended by section 2309 of the Military
15 Construction Authorization Act for Fiscal Year 2025 (di16 vision B of Public Law 118–159; 138 Stat. 2227), shall
17 remain in effect until October 1, 2026, or the date of the
18 enactment of an Act authorizing funds for military con19 struction for fiscal year 2027, whichever is later.
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1
(b) TABLE.—The table referred to in subsection (a)
2 is as follows:
Air Force: Extension of 2022 Project Authorizations
State/
Country
Installation or
Location
Massachusetts
Hanscom Air Force
Base .........................
United Kingdom .............
Royal Air Force
Lakenheath ..............
Project
Original
Authorized
Amount
NC3 Acquisitions
Management Facility .....................
F–35A Child Development Center .....
F–35A Munition Inspection Facility ..
F–35A Weapons
Load Training
Facility ................
$66,000,000
$24,000,000
$31,000,000
$49,000,000
3
SEC. 2308. EXTENSION OF AUTHORITY TO CARRY OUT CER-
4
TAIN FISCAL YEAR 2023 PROJECTS.
5
(a) EXTENSION.—Notwithstanding section 2002 of
6 the Military Construction Authorization Act for Fiscal
7 Year 2023 (division B of Public Law 117–263; 136 Stat.
8 2970), the authorizations set forth in the table in sub9 section (b), as provided in section 2301 of that Act (136
10 Stat. 2978), shall remain in effect until October 1, 2026,
11 or the date of the enactment of an Act authorizing funds
12 for military construction for fiscal year 2027, whichever
13 is later.
14
(b) TABLE.—The table referred to in subsection (a)
15 is as follows:
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Air Force: Extension of 2023 Project Authorizations
1
State/
Country
Installation or
Location
Florida ...........
Patrick Space Force
Base .........................
Norway ...........
Rygge Air Station ........
Oklahoma .......
Tinker Air Force Base
Texas ..............
Joint Base San Antonio-Randolph ............
Project
Consolidated Communications Center ........................
EDI: Base Perimeter Security
Fence ...................
Facility And Land
Acquisition
(MROTC) ............
Child Development
Center ..................
Original
Authorized
Amount
$97,000,000
$8,200,000
$30,000,000
$29,000,000
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT
2
CERTAIN FISCAL YEAR 2025 PROJECTS.
3
(a) F.E. WARREN AIR FORCE BASE, WYOMING.—In
4 the case of the authorization contained in the table in sec5 tion 2301(a) of the Military Construction Authorization
6 Act for Fiscal Year 2025 (division B of Public Law 118–
7 159; 138 Stat. 2222) for F.E. Warren Air Force Base,
8 Wyoming, for the Ground Based Strategic Deterrent Util9 ity Corridor, the Secretary of the Air Force may construct
10 3,219 kilometers of telephone duct facility.
11
(b) YAP INTERNATIONAL AIRPORT, FEDERATED
12 STATES OF MICRONESIA.—
13
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
14
The authorization table included in subsection (b) of
15
section 2301 of the Military Construction Authoriza-
16
tion Act for Fiscal Year 2025 is amended in the
17
item relating to Yap International Airport, Fed-
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1
erated
2
‘‘$949,314,000’’ and inserting ‘‘$1,495,314,000’’.
3
States
(2) FUNDING
of
Micronesia,
TABLE.—Such
by
striking
Act is further
4
amended in the table of section 4601 by striking
5
‘‘Airfield Pavement Upgrades’’ and inserting ‘‘PDI:
6
Airfield Apron and Taxiway’’.
TITLE XXIV—DEFENSE AGEN8
CIES MILITARY CONSTRUC9
TION
7
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out fiscal year 2019 project at
Iwakuni, Japan.
Sec. 2405. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2407. Modification of authority to carry out fiscal year 2024 project at
Redstone Arsenal, Alabama.
Sec. 2408. Modification of authority to carry out fiscal year 2024 project at
Lake City Army Ammunition Plant, Missouri.
Sec. 2409. Modification of authority to carry out fiscal year 2025 project at
Joint Base Andrews, Maryland.
Sec. 2410. Modification of authority to carry out fiscal year 2025 project at
Joint Base Mcguire-Dix-Lakehurst, New Jersey.
10
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
11
12
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
13 appropriated pursuant to the authorization of appropria14 tions in section 2403(a) and available for military con15 struction projects inside the United States as specified in
16 the funding table in section 4601, the Secretary of De17 fense may acquire real property and carry out military
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1 construction projects for the installations or locations in2 side the United States, and in the amounts, set forth in
3 the following table:
Defense Agencies: Inside the United States
State
Installation or Location
Amount
Alabama ............................
California ..........................
DLA Distribution Center Anniston ......................
Naval Base Coronado ............................................
Travis Air Force Base ..........................................
Homestead Air Reserve Base ................................
Fort Benning ........................................................
Fort Meade ...........................................................
Fort Bragg ............................................................
Marine Corps Base Camp Lejeune .......................
Defense Distribution Depot New Cumberland .....
Harrisburg Air National Guard Base ...................
Punta Borinquen ...................................................
NSA Texas ............................................................
Pentagon ...............................................................
Fairchild Air Force Base ......................................
Manchester Tank Farm ........................................
$32,000,000
$75,900,000
$49,980,000
$33,000,000
$127,375,000
$26,600,000
$333,200,000
$306,400,000
$90,000,000
$13,400,000
$155,000,000
$500,000,000
$34,000,000
$85,000,000
$71,000,000
Florida ..............................
Georgia .............................
Maryland ..........................
North Carolina .................
Pennsylvania .....................
Puerto Rico .......................
Texas ................................
Virginia .............................
Washington .......................
4
(b) OUTSIDE THE UNITED STATES.—Using amounts
5 appropriated pursuant to the authorization of appropria6 tions in section 2403(a) and available for military con7 struction projects outside the United States as specified
8 in the funding table in section 4601, the Secretary of De9 fense may acquire real property and carry out military
10 construction projects for the installations or locations out11 side the United States, and in the amounts, set forth in
12 the following table:
Defense Agencies: Outside the United States
Country
Installation or Location
Amount
Germany ...........................
United Kingdom ...............
U.S. Army Garrison Rheinland-Pfalz ...................
Royal Air Force Lakenheath ................................
Royal Air Force Mildenhall ...................................
$16,700,000
$433,600,000
$45,000,000
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1
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON-
2
SERVATION
3
PROJECTS.
4
INVESTMENT
PROGRAM
(a) INSIDE THE UNITED STATES.—Using amounts
5 appropriated pursuant to the authorization of appropria6 tions in section 2403(a) and available for energy conserva7 tion projects as specified in the funding table in section
8 4601, the Secretary of Defense may carry out energy con9 servation projects under chapter 173 of title 10, United
10 States Code, for the installations or locations inside the
11 United States, and in the amounts, set forth in the fol12 lowing table:
ERCIP Projects: Inside the United States
State
Installation or Location
Amount
California ..........................
Armed Forces Reserve Center Mountain View .....
Travis Air Force Base ..........................................
Marine Corps Support Facility Blount Island ......
Naval Base Guam .................................................
Cape Cod Space Force Station .............................
White Sands Missile Range ..................................
Fort Bragg ............................................................
Camp Swift ...........................................................
Fort Hood .............................................................
Camp Williams ......................................................
$20,600,000
$25,120,000
$30,500,000
$63,010,000
$124,000,000
$38,500,000
$80,000,000
$19,800,000
$34,500,000
$28,500,000
Florida ..............................
Guam ................................
Massachusetts ...................
New Mexico ......................
North Carolina .................
Texas ................................
Utah ..................................
13
(b) OUTSIDE THE UNITED STATES.—Using amounts
14 appropriated pursuant to the authorization of appropria15 tions in section 2403(a) and available for energy conserva16 tion projects as specified in the funding table in section
17 4601, the Secretary of Defense may carry out energy con18 servation projects under chapter 173 of title 10, United
19 States Code, for the installations or locations outside the
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1 United States, and in the amounts, set forth in the fol2 lowing table:
ERCIP Projects: Outside the United States
Country
Installation or Location
Germany ...........................
United States Army Garrison Ansbach (Storck
Barracks).
Marine Corps Air Station Iwakuni .......................
Japan ................................
3
SEC.
2403.
4
5
AUTHORIZATION
OF
Amount
$73,000,000
$146,800,000
APPROPRIATIONS,
DE-
FENSE AGENCIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
6 are hereby authorized to be appropriated for fiscal years
7 beginning after September 30, 2025, for military con8 struction, land acquisition, and military family housing
9 functions of the Department of Defense (other than the
10 military departments), as specified in the funding table
11 in section 4601.
12
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and
15 any other cost variation authorized by law, the total cost
16 of all projects carried out under sections 2401 and 2402
17 of this Act may not exceed the total amount authorized
18 to be appropriated under subsection (a), as specified in
19 the funding table in section 4601.
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1
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
2
CAL YEAR 2019 PROJECT AT IWAKUNI, JAPAN.
3
(a) EXTENSION.—Notwithstanding section 2002 of
4 the Military Construction Authorization Act for Fiscal
5 Year 2019 (division B of Public Law 115–232; 132 Stat.
6 2240), the authorization set forth in the table in sub7 section (b), as provided in section 2401(b) of that Act
8 (132 Stat. 2249) and most recently extended by section
9 2405 of the Military Construction Authorization Act for
10 Fiscal Year 2025 (division B of Public Law 118–159; 138
11 Stat. 2232), shall remain in effect until October 1, 2026,
12 or the date of the enactment of an Act authorizing funds
13 for military construction for fiscal year 2027, whichever
14 is later.
15
(b) TABLE.—The table referred to in subsection (a)
16 is as follows:
Defense Agencies: Extension of 2019 Project Authorization
Country
Installation or
Location
Project
Japan .............
Iwakuni ...............
Fuel Pier ...........................
Original Authorized
Amount
$33,200,000
17
SEC. 2405. EXTENSION OF AUTHORITY TO CARRY OUT CER-
18
TAIN FISCAL YEAR 2022 PROJECTS.
19
(a) EXTENSION.—Notwithstanding section 2002 of
20 the Military Construction Authorization Act for Fiscal
21 Year 2022 (division B of Public Law 117–81; 135 Stat.
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1 section (b), as provided in sections 2401 and 2402 of that
2 Act (135 Stat. 2173, 2174), shall remain in effect until
3 October 1, 2026, or the date of the enactment of an Act
4 authorizing funds for military construction for fiscal year
5 2027, whichever is later.
6
(b) TABLE.—The table referred to in subsection (a)
7 is as follows:
Defense Agencies and ERCIP Projects: Extension of 2022
Project Authorizations
State
Installation or
Location
Project
Alabama .........
Fort Novosel .......
Georgia ...........
Fort Benning ......
10 MW RICE Generator
Plant and Microgrid
Controls .........................
4.8 MW Generation and
Microgrid .......................
10 MW Generation Plant,
with Microgrid Controls
Wellfield Field Expansion
Project ...........................
Emergency Water System
Fort Stewart .......
New York .......
Fort Drum ..........
North Carolina
Ohio ................
Fort Bragg .........
Springfield-Beckley Municipal
Airport ............
Tennessee .......
Memphis International Airport .................
Original Authorized
Amount
$24,000,000
$17,593,000
$22,000,000
$27,000,000
$7,705,000
Base-Wide Microgrid With
Natural Gas Generator,
Photovoltaic and Battery
Storage ..........................
$4,700,000
PV Arrays and Battery
Storage ..........................
$4,780,000
8
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CER-
9
TAIN FISCAL YEAR 2023 PROJECTS.
10
(a) EXTENSION.—Notwithstanding section 2002 of
11 the Military Construction Authorization Act for Fiscal
12 Year 2023 (division B of Public Law 117–263; 136 Stat.
13 2970), the authorizations set forth in the table in sub14 section (b), as provided in sections 2401(a) and 2402(a)
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1 of that Act (136 Stat. 2982, 2983), shall remain in effect
2 until October 1, 2026, or the date of the enactment of
3 an Act authorizing funds for military construction for fis4 cal year 2027, whichever is later.
5
(b) TABLE.—The table referred to in subsection (a)
6 is as follows:
Defense Agencies and ERCIP Projects: Extension of 2023
Project Authorizations
Original Authorized
Amount
State/Country
Installation or
Location
Project
Alabama .........
Redstone Arsenal
MSIC Advanced Analysis
Facility Phase 2 (INC)
$151,000,000
California .......
Marine Corps
Mountain Warfare Training
Center .............
Microgrid and Backup
Power ............................
$25,560,000
Facility Energy Operations
Center Renovation .........
$2,400,000
Power Generation and
Microgrid .......................
$25,400,000
SCADA Modernization ......
$11,200,000
Florida ...........
Georgia ...........
Hawaii ............
Naval Air Station
Jacksonville .....
Fort StewartHunter Army
Airfield ............
Naval Submarine
Base Kings
Bay .................
Joint Base Pearl
Harbor-Hickam
Kansas ............
Fort Riley ...........
Texas ..............
Fort Cavazos ......
U.S. Army Reserve Center,
Conroe .............
Virginia
Dam Neck ...........
Primary Electrical Distribution ........................
Power Generation and
Microgrid .......................
Power Generation and
Microgrid .......................
Power Generation and
Microgrid .......................
SOF Operations Building
Addition .........................
$25,000,000
$25,780,000
$31,500,000
$9,600,000
$26,600,000
7
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
8
FISCAL YEAR 2024 PROJECT AT REDSTONE
9
ARSENAL, ALABAMA.
10
In the case of the authorization contained in the table
11 in section 2401 of the Military Construction Authorization
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1 Act for Fiscal Year 2024 (division B of Public Law 118–
2 31; 137 Stat. 726) for Redstone Arsenal, Alabama, for
3 construction of a ground test facility infrastructure project
4 at that location, the Missile Defense Agency may renovate
5 additional square footage and convert administrative space
6 to classified space.
7
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT
8
FISCAL YEAR 2024 PROJECT AT LAKE CITY
9
ARMY AMMUNITION PLANT, MISSOURI.
10
(a) MODIFICATIONS OF PROJECT AUTHORITY.—In
11 the case of the authorization contained in the table in sec12 tion 2402(a) of the Military Construction Authorization
13 Act for Fiscal Year 2024 (division B of Public Law 118–
14 31; 137 Stat. 727) for Lake City Army Ammunition
15 Plant, Missouri, for construction of a microgrid and
16 backup power, the Secretary of Defense may construct a
17 microgrid and backup power, including the installation of
18 liquid propane gas tanks and associated piping, founda19 tions, pumps, saddles, propane vaporizers and controls.
20
(b) MODIFICATION OF PROJECT AMOUNTS.—
21
(1) PROJECT AUTHORIZATION.—The authoriza-
22
tion table in section 2402(a) of the Military Con-
23
struction Authorization Act for Fiscal Year 2024
24
(division B of Public Law 118–31; 137 Stat. 727)
25
is amended in the item relating to Lake City Army
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1
Ammunition Plant, Missouri, by striking the dollar
2
amount and inserting ‘‘$86,500,000’’.
3
(2) FUNDING
AUTHORIZATION.—The
funding
4
table in section 4601 of the National Defense Au-
5
thorization Act for Fiscal Year 2024 (Public Law
6
118–31; 137 Stat. 901) is amended in the items re-
7
lating to Lake City Army Ammunition Plant, Mis-
8
souri, by striking the dollar amount and inserting
9
‘‘$86,500’’.
10
SEC. 2409. MODIFICATION OF AUTHORITY TO CARRY OUT
11
FISCAL YEAR 2025 PROJECT AT JOINT BASE
12
ANDREWS, MARYLAND.
13
In the case of the authorization contained in the table
14 in section 2402 of the Military Construction Authorization
15 Act for Fiscal Year 2025 (division B of Public Law 118–
16 159; 138 Stat. 2229) for Joint Base Andrews, Maryland,
17 for construction of a microgrid with electric vehicle charg18 ing infrastructure, the Secretary of the Air Force may
19 construct a new power generation and microgrid facility.
20
SEC. 2410. MODIFICATION OF AUTHORITY TO CARRY OUT
21
FISCAL YEAR 2025 PROJECT AT JOINT BASE
22
MCGUIRE-DIX-LAKEHURST, NEW JERSEY.
23
In the case of the authorization contained in the table
24 in section 2402 of the Military Construction Authorization
25 Act for Fiscal Year 2025 (division B of Public Law 118–
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1 159; 138 Stat. 2229) for Joint Base McGuire-Dix2 Lakehurst, New Jersey, for construction of a microgrid
3 with electric vehicle charging infrastructure, the Secretary
4 of the Air Force may construct a new power generation
5 and microgrid facility.
6
7
TITLE XXV—INTERNATIONAL
PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Subtitle A—North Atlantic Treaty
9
Organization Security Invest10
ment Program
8
11
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
12
13
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
14 the North Atlantic Treaty Organization Security Invest15 ment Program as provided in section 2806 of title 10,
16 United States Code, in an amount not to exceed the sum
17 of the amount authorized to be appropriated for such pur18 pose in section 2502 and the amount collected from the
19 North Atlantic Treaty Organization as a result of con20 struction previously financed by the United States.
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1
2
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
3 fiscal years beginning after September 30, 2025, for con4 tributions by the Secretary of Defense under section 2806
5 of title 10, United States Code, for the share of the United
6 States of the cost of projects for the North Atlantic Treaty
7 Organization Security Investment Program authorized by
8 section 2501, and in the amounts, set forth in the fol9 lowing table:
North Atlantic Treaty Organization Security Investment
Program
Location
Installation or Location
Amount
Worldwide Unspecified ......................
NATO Security Investment Program ..........
$531,832,000
11
Subtitle B—Host Country In-Kind
Contributions
12
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION
10
13
14
PROJECTS.
Pursuant to agreement with the Republic of Korea
15 for required in-kind contributions, the Secretary of De16 fense may accept military construction projects for the in17 stallations or locations in the Republic of Korea, and in
18 the amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
Component
Installation or
Location
Project
Army ..............
Camp Humphreys
Navy ...............
Navy ...............
Pohang Air Base
Yecheon Air Base
Access Control Point .........
Runway .............................
Replace Concrete Apron ....
Replace Magazine Munitions Supply Area.
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$24,000,000
$180,000,000
$22,000,000
$59,000,000
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Republic of Korea Funded Construction Projects—Continued
Component
Installation or
Location
Project
Air Force ........
Gimhae Air Base
$86,000,000
Air Force ........
Gwangju Air
Base.
Osan Air Base ....
Repair Contingency Hospital.
Hydrant Fuel System .......
Aircraft Corrosion Control
Facility Part 3.
$25,000,000
Air Force ........
1
$57,000,000
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION
2
3
Amount
PROJECTS.
Pursuant to agreement with the Republic of Poland
4 for required in-kind contributions, the Secretary of De5 fense may accept military construction projects for the in6 stallations or locations in the Republic of Poland, and in
7 the amounts, set forth in the following table:
Republic of Poland Funded Construction Projects
Component
Installation or
Location
Project
Army ..............
Drawsko
Pomorskie
Training Area
(DPTA).
Powdiz ................
Information Systems Facility.
$6,200,000
Barracks and Dining Facility–Phase 2.
Rotary Wing Aircraft
Maintenance Hangar.
Communication Infrastructure.
Combined Aerial Port Facilities.
Contingency Beddown
Area.
Hot Cargo Pad/Munition
Handling/Holding Area.
Railhead and Rail Extension.
$199,000,000
Army ..............
8
9
Air Force ........
Lask Air Base ....
Air Force ........
Wroclaw Air Base
Amount
$91,000,000
$18,000,000
$111,000,000
$13,000,000
$44,000,000
$22,000,000
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
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Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2608. Modification of authority to carry out fiscal year 2023 project at
Tucson International Airport, Arizona.
1
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-
2
STRUCTION
3
PROJECTS.
4
AND
LAND
ACQUISITION
Using amounts appropriated pursuant to the author-
5 ization of appropriations in section 2606 and available for
6 the National Guard and Reserve as specified in the fund7 ing table in section 4601, the Secretary of the Army may
8 acquire real property and carry out military construction
9 projects for the Army National Guard locations inside the
10 United States, and in the amounts, set forth in the fol11 lowing table:
Army National Guard: Inside the United States
State
Location
Guam .......................
Indiana ....................
Iowa .........................
New Hampshire .......
New York .................
North Carolina ........
Oregon .....................
Joint Forces Headquarters - Guam .............
Shelbyville Armory .......................................
Waterloo Armory ..........................................
Plymouth Training Center ...........................
Albany ..........................................................
Salisbury Training Center ...........................
Naval Weapons Systems Training Facility
Boardman.
Watertown Training Center .........................
South Dakota ..........
12
Amount
$55,000,000
$55,000,000
$13,800,000
$26,000,000
$90,000,000
$69,000,000
$16,000,000
$28,000,000
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION
13
AND LAND ACQUISITION PROJECTS.
14
Using amounts appropriated pursuant to the author-
15 ization of appropriations in section 2606 and available for
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1 the National Guard and Reserve as specified in the fund2 ing table in section 4601, the Secretary of the Army may
3 acquire real property and carry out military construction
4 projects for the Army Reserve locations inside the United
5 States, and in the amounts, set forth in the following
6 table:
Army Reserve
State
Location
Amount
Alabama ...................
Alaska ......................
Illinois ......................
Kentucky ..................
Pennsylvania ............
Maxwell Air Force Base ...............................
Joint Base Elmendorf-Richardson ...............
Fort Sheridan ..............................................
Fort Knox ....................................................
New Castle Army Reserve Center ................
$28,000,000
$46,000,000
$36,000,000
$138,000,000
$30,000,000
7
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE
8
CORPS RESERVE CONSTRUCTION AND LAND
9
ACQUISITION PROJECTS.
10
Using amounts appropriated pursuant to the author-
11 ization of appropriations in section 2606 and available for
12 the National Guard and Reserve as specified in the fund13 ing table in section 4601, the Secretary of the Navy may
14 acquire real property and carry out military construction
15 project for the Navy Reserve and Marine Corps Reserve
16 location inside the United States, and in the amount, set
17 forth in the following table:
Navy Reserve and Marine Corps Reserve
State
Location
Amount
Texas .......................
Naval Air Station Joint Reserve Base Fort
Worth.
$106,870,000
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1
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-
2
3
TION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the author-
4 ization of appropriations in section 2606 and available for
5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force
7 may acquire real property and carry out military construc8 tion projects for the Air National Guard locations inside
9 the United States, and in the amounts, set forth in the
10 following table:
Air National Guard
State
Location
Alaska ......................
Eielson Air Force Base ................................
Joint Base Elmendorf–Richardson ..............
Savannah Hilton Head International Airport.
Sioux Gateway Airport .................................
Otis Air National Guard Base .....................
Key Field Air National Guard Base ............
Pease Air National Guard Base ..................
Atlantic City Air National Guard Base .......
Klamath Falls Airport .................................
Portland International Airport ....................
Salt Lake City International Airport ...........
Volk Air National Guard Base ....................
Georgia ....................
Iowa .........................
Massachusetts ..........
Mississippi ...............
New Hampshire .......
New Jersey ..............
Oregon .....................
Utah .........................
Wisconsin .................
11
$15,000,000
$46,000,000
$38,400,000
$220,000,000
$31,000,000
$19,000,000
$16,000,000
$68,000,000
$80,000,000
$16,500,000
$145,000,000
$8,400,000
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-
12
13
Amount
TION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the author-
14 ization of appropriations in section 2606 and available for
15 the National Guard and Reserve as specified in the fund16 ing table in section 4601, the Secretary of the Air Force
17 may acquire real property and carry out military construc18 tion projects for the Air Force Reserve locations inside
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1 the United States, and in the amounts, set forth in the
2 following table:
Air Force Reserve
3
State
Location
New York .................
South Carolina .........
Texas .......................
Niagara Falls Air Reserve Station ..............
Joint Base Charleston Air Reserve Base .....
Joint Base San Antonio-Lackland ...............
SEC.
2606.
4
5
AUTHORIZATION
OF
Amount
$54,000,000
$33,000,000
$18,000,000
APPROPRIATIONS,
NA-
TIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for
6 fiscal years beginning after September 30, 2025, for the
7 costs of acquisition, architectural and engineering services,
8 and construction of facilities for the Guard and Reserve
9 Forces, and for contributions therefor, under chapter
10 1803 of title 10, United States Code (including the cost
11 of acquisition of land for those facilities), as specified in
12 the funding table in section 4601.
13
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT CER-
14
TAIN FISCAL YEAR 2023 PROJECTS.
15
(a) EXTENSION.—Notwithstanding section 2002 of
16 the Military Construction Authorization Act for Fiscal
17 Year 2023 (division B of Public Law 117–263; 136 Stat.
18 2970), the authorizations set forth in the table in sub19 section (b), as provided in sections 2601, 2602, 2603 and
20 2604 of that Act (136 Stat. 2986, 2987), shall remain
21 in effect until October 1, 2026, or the date of the enact-
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1 ment of an Act authorizing funds for military construction
2 for fiscal year 2027, whichever is later.
3
(b) TABLE.—The table referred to in subsection (a)
4 is as follows:
National Guard and Reserve: Extension of 2023 Project
Authorizations
State
Installation or
Location
Alaska ............
Joint Base Elmendorf-Richardson .............
Arizona ...........
Arkansas ........
Morris Air National Guard
Base ................
Tucson International Airport .................
Camp Robinson ..
Florida ...........
Gainesville ...........
Perrine ................
Hawaii ...........
Indiana ...........
Ohio ................
Puerto Rico ....
West Virginia
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Marine Corps
Base Kaneohe
Bay .................
Fort Wayne
International
Airport ............
Rickenbacker Air
National Guard
Base ................
Camp Santiago
Joint Maneuver
Training Center ...................
McLaughlin Air
National Guard
Base ................
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Project
Original Authorized
Amount
Aircraft Maintenance
Hangar ..........................
$63,000,000
Base Entry Complex .........
$12,000,000
Land Acquisition ...............
Automated Multipurpose
Machine Gun Range ......
National Guard Readiness
Center ............................
Army Reserve Center/
AMSA ............................
$11,700,000
$9,500,000
$21,000,000
$46,000,000
C–40 Aircraft Maintenance
Hangar ..........................
$116,964,000
Munitions Maintenance
and Storage Complex ....
$16,500,000
Small Arms Range ............
$8,000,000
Engineering/Housing
Maintenance Shops
(DPW) ...........................
$14,500,000
C–130J Apron Expansion
$10,000,000
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1
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT
2
FISCAL
3
INTERNATIONAL AIRPORT, ARIZONA.
4
In the case of the authorization contained in the table
YEAR
2023
PROJECT
AT
TUCSON
5 in section 2604 of the Military Construction Authorization
6 Act for Fiscal Year 2023 (division B of Public Law 117–
7 263; 136 Stat. 2987) for Tucson International Airport,
8 Arizona, the Secretary of the Air Force may acquire 10
9 acres of land.
TITLE XXVII—BASE REALIGN11
MENT AND CLOSURE ACTIVI12
TIES
10
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.
13
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR
14
BASE REALIGNMENT AND CLOSURE ACTIVI-
15
TIES FUNDED THROUGH DEPARTMENT OF
16
DEFENSE BASE CLOSURE ACCOUNT.
17
Funds are hereby authorized to be appropriated for
18 fiscal years beginning after September 30, 2025, for base
19 realignment and closure activities, including real property
20 acquisition and military construction projects, as author21 ized by the Defense Base Closure and Realignment Act
22 of 1990 (part A of title XXIX of Public Law 101–510;
23 10 U.S.C. 2687 note) and funded through the Department
24 of Defense Base Closure Account established by section
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1 2906 of such Act (as amended by section 2711 of the Mili2 tary Construction Authorization Act for Fiscal Year 2013
3 (division B of Public Law 112–239; 126 Stat. 2140)), as
4 specified in the funding table in section 4601.
TITLE XXVIII—MILITARY CON6
STRUCTION GENERAL PROVI7
SIONS
5
Subtitle A—Military Construction Programs
Sec. 2801. Modification to definition of military installation resilience.
Sec. 2802. Facility construction or repair: transactions other than contracts
and grants.
Sec. 2803. Requirement for the military departments to develop and update a
20-year infrastructure improvement plan.
Sec. 2804. Improvements to water management and security on military installations.
Sec. 2805. Modification to assistance for public infrastructure projects and
services.
Sec. 2806. Modifications to Defense Community Infrastructure Program.
Sec. 2807. Inclusion of demolition projects in Defense Community Infrastructure Program.
Sec. 2808. Supervision of military construction projects.
Sec. 2809. Authority to use accelerated design-build and progressive designbuild procedures for military construction projects.
Sec. 2810. Extension of authority for temporary expanded land acquisition for
equine welfare.
Sec. 2811. Extension of requirement for contract for obligation and execution
of design funds for military construction projects.
Sec. 2812. Modification of pilot program on increased use of sustainable building materials in military construction to include sustainable
building technologies identified by the Comptroller General of
the United States.
Sec. 2813. Increase of maximum amount for certain replacement projects for
damaged or destroyed facilities.
Sec. 2814. Multiyear contracting authority for certain military construction
projects.
Sec. 2815. Guidance for military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2816. Authorization for cost-plus-incentive-fee contracts for certain Shipyard Infrastructure Optimization Program military construction projects.
Sec. 2817. Implementation of Comptroller General recommendations relating to
information sharing to improve oversight of military construction.
Subtitle B—Military Housing Reforms
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Sec. 2821. Improvements to Department of Defense Housing Requirements and
Market Analysis.
Sec. 2822. Improvements to annual reports on certain waivers for covered military unaccompanied housing.
Sec. 2823. Continuation and modification of certain reporting requirements
with respect to privatized military housing.
Sec. 2824. Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing.
Sec. 2825. Inclusion of additional landlord financial information in certain annual report on privatized military housing.
Sec. 2826. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department
of Defense.
Sec. 2827. Improvement of administration of military unaccompanied housing.
Sec. 2828. Authority for unaccompanied housing project under pilot authority
for use of other transactions for installation or facility prototyping.
Sec. 2829. Pilot program for emerging technologies for moisture control and
mitigation.
Sec. 2830. Standardization of mold remediation guidelines across military departments.
Sec. 2831. Inspections by qualified home inspector of privatized and Government-owned military housing.
Sec. 2832. Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, and military unaccompanied housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2841. Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization
for military departments.
Sec. 2842. Authorization for monetary contributions to the conveyees of utility
systems for infrastructure improvements.
Sec. 2843. Extension of authority to carry out Department of Defense pilot
program for use of cost savings realized.
Sec. 2844. Department of Defense intergovernmental support agreements for
ordnance disposal.
Sec. 2845. Inclusion of territories in certain intergovernmental support agreements for installation-support services.
Sec. 2846. Requirements relating to military installation closures and report on
Army organic industrial base sites.
Sec. 2847. Department of Defense procedures with respect to planning coordination for grid resiliency on military installations.
Sec. 2848. Repeal of construction requirements related to antiterrorism and
force protection or urban-training operations.
Sec. 2849. Repeal of pilot program authorizing overhead cost reimbursements
from major range and test facility base users at certain Department of the Air Force installations.
Sec. 2850. Master plans for Service Academies.
Sec. 2851. Annual report on cost premium for construction of certain facilities.
Sec. 2852. Implementation of Comptroller General recommendations relating to
critical military housing supply and affordability.
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Sec. 2853. Plan for deploying private fifth generation and future generation
Open Radio Access Network architecture on Department of
Defense military installations.
Subtitle D—Land Conveyances
Sec. 2861. Historical marker commemorating effects of radiation exposure at
Holloman Air Force Base and White Sands Missile Range.
Sec. 2862. Prohibition on development of a golf course at Greenbury Point
Conservation Area At Naval Support Activity Annapolis, Maryland.
Sec. 2863. Extension of prohibition on joint use of Homestead Air Reserve
Base with civil aviation.
Sec. 2864. Extension of sunset for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2865. Clarification of land conveyance, Fort Hood, Texas.
Sec. 2866. Extension of certain military land withdrawals and correction of certain land descriptions.
Sec. 2867. Land conveyance, former Curtis Bay Depot, Maryland.
Sec. 2868. Land conveyance, Sigsbee Park Annex, Naval Air Station, Key
West, Florida.
Subtitle E—Modifications to Unspecified Minor Military Construction
Sec. 2871. Modifications to certain congressional notifications for certain military construction projects.
Sec. 2872. Modification to dollar threshold for notifications for certain military
construction projects.
Sec. 2873. Transfer of defense laboratory modernization program authority to
provision of law with respect to military construction projects
for research, test, development, and evaluation.
Sec. 2874. Authority of a Secretary concerned to carry out certain unspecified
minor military construction projects.
Subtitle F—Other Matters
Sec. 2881. Extension of Department of the Army Pilot Program for Development and Use of Online Real Estate Inventory Tool.
Sec. 2882. Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps
forces in Asia Pacific region.
Sec. 2883. Joint base facility management of Department of Defense.
Sec. 2884. Designation of official responsible for coordination of defense sites
within area of responsibility of Joint Region Marianas.
Sec. 2885. Designation of Ronald Reagan Space and Missile Test Range at
Kwajalein Atoll.
Sec. 2886. Designation of Creech Air Force Base as a remote or isolated installation.
Sec. 2887. Pilot program on use of advanced manufacturing construction technologies at military installations.
Sec. 2888. Pilot program on procurement of utility services for installations of
the Department of Defense through areawide contracts.
Sec. 2889. Consideration of modular construction methods for military construction projects with protective design elements.
Sec. 2890. Notice relating to contracts or other agreements to establish an enduring location in a foreign country.
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2
Subtitle A—Military Construction
Programs
3
SEC. 2801. MODIFICATION TO DEFINITION OF MILITARY IN-
1
4
5
STALLATION RESILIENCE.
Section 101(f)(8) of title 10, United States Code, is
6 amended—
7
(1) by striking ‘‘or from’’ before ‘‘anticipated or
8
unanticipated changes in environmental conditions’’;
9
and
10
(2) by inserting ‘‘, energy or water disruptions,
11
or human-induced hazards with respect to the envi-
12
ronment’’ before ‘‘, that do’’.
13
SEC. 2802. FACILITY CONSTRUCTION OR REPAIR: TRANS-
14
ACTIONS
15
GRANTS.
16
OTHER
THAN
CONTRACTS
AND
(a) IN GENERAL.—Subchapter I of chapter 169 of
17 title 10, United States Code, is amended by inserting after
18 section 2808 the following new section:
19 ‘‘§ 2808a. Facility construction or repair: transactions
20
21
other than contracts and grants
‘‘(a) AUTHORITY.—Subject to the requirements of
22 section 2853 of this title, the Secretary concerned may
23 enter into transactions (other than contracts, cooperative
24 agreements, or grants) to carry out repair and construc25 tion projects for facilities, including the planning, design,
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1 engineering, prototyping, piloting, and execution of such
2 repair and construction projects.
3
‘‘(b) USE OF AMOUNTS.—The Secretary concerned
4 may carry out projects under subsection (a) using
5 amounts available to such Secretary for military construc6 tion, operation and maintenance, or research, develop7 ment, test, and evaluation, notwithstanding chapters 221
8 and 223 and section 2851(a) of this title.
9
‘‘(c) FOLLOW-ON TRANSACTIONS.—A transaction en-
10 tered into under this section for a project may provide for
11 the award of a follow-on production contract or trans12 action to the participants in the transaction without fur13 ther competition, if—
14
‘‘(1) competitive procedures were used for the
15
selection of parties for participation in the original
16
transaction; and
17
18
‘‘(2) the participants in the original transaction
successfully completed—
19
‘‘(A) a complete and useable facility; or
20
‘‘(B) a complete and useable improvement
21
22
to a facility.
‘‘(d) NOTIFICATION REQUIREMENT.—(1) Not later
23 than 14 days before entering into a transaction for a
24 project under this section, the Secretary concerned shall
25 submit to the congressional defense committees a notifica-
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1 tion of the intent to use this authority in an electronic
2 medium pursuant to section 480 of this title.
3
‘‘(2) Each notification under paragraph (1) shall in-
4 clude—
5
‘‘(A) the project title;
6
‘‘(B) a description of the project and its loca-
7
tion;
8
9
‘‘(C) the estimated project cost and source of
funds;
10
‘‘(D) the recipient or contractor selected to exe-
11
cute the project, if known at the time of notification;
12
and
13
‘‘(E) the rationale for using the authority under
14
this section instead of the process for military con-
15
struction projects under subchapter I of chapter 169
16
of title 10, United States Code.
17
‘‘(e) REPORT.—Not later than 180 days after the
18 date of enactment of this section, and biannually there19 after, the Secretary of Defense shall submit to the con20 gressional defense committees a report summarizing the
21 use of the authority under this section during the period
22 covered by the report, including—
23
24
‘‘(1) the military department or Defense Agency carrying out each project;
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1
2
‘‘(2) the total cost of each project and the
source of the funds obligated;
3
4
‘‘(3) a description of the scope, purpose, and location of each project;
5
‘‘(4) any observed differences in project delivery
6
timelines or execution speed as a result of using the
7
authority under this section;
8
‘‘(5) an assessment of cost savings, efficiencies,
9
or risk reductions realized through the use of such
10
authority; and
11
‘‘(6) lessons learned and recommendations to
12
improve the implementation, oversight, or scope of
13
such authority.’’.
14
(b) APPLICABILITY.—The amendments made by this
15 section shall apply with respect to transactions entered
16 into on or after the date of the enactment of this Act.
17
SEC. 2803. REQUIREMENT FOR THE MILITARY DEPART-
18
MENTS TO DEVELOP AND UPDATE A 20-YEAR
19
INFRASTRUCTURE IMPROVEMENT PLAN.
20
Subchapter I of chapter 169 of title 10, United States
21 Code, is amended by adding at the end the following new
22 section:
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1 ‘‘§ 2820. Development of infrastructure improvement
2
plan for each military department
3
‘‘(a) IN GENERAL.—Not later than the date on which
4 the budget of the President for fiscal year 2027 is sub5 mitted to Congress pursuant to section 1105 of title 31,
6 and once every five years thereafter, each Secretary con7 cerned shall submit to the congressional defense commit8 tees each of the following:
9
‘‘(1) A detailed plan with respect to the im-
10
provement of infrastructure and facilities under the
11
jurisdiction of the Secretary concerned during the
12
20-year period beginning after the date on which the
13
plan is submitted that includes—
14
‘‘(A) a summary of major efforts of the
15
Secretary concerned to be carried out pursuant
16
to the plan;
17
18
‘‘(B) milestones and specific goals for such
major efforts;
19
‘‘(C) a description of objectives of the Sec-
20
retary concerned to manage and improve such
21
infrastructure and facilities during such period,
22
including—
23
‘‘(i) utility systems (electric, water
24
and wastewater systems, energy distribu-
25
tion systems, transportation, and commu-
26
nication networks); and
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1
‘‘(ii) all physical structures located on
2
a military installation under the jurisdic-
3
tion of the Secretary concerned.
4
‘‘(2) A certification that the budget of the
5
President for the applicable fiscal year and the fu-
6
ture-years defense program submitted to Congress in
7
relation to such budget under section 221 of this
8
title provide for funding of planning, design, and
9
construction at a level that is sufficient to meet the
10
requirements specified in the plan under paragraph
11
(1) on the schedule provided in such plan.
12
‘‘(b) ELEMENTS.—Each plan submitted by a Sec-
13 retary concerned under subsection (a)(1) shall include the
14 following:
15
‘‘(1) The estimated costs of necessary infra-
16
structure and facility improvements and a descrip-
17
tion of how such costs would be addressed by the
18
budget request of the Department of Defense and
19
the future-years defense program submitted for the
20
applicable fiscal year.
21
‘‘(2) An assessment of how the military depart-
22
ment is accurately accounting for the costs of sus-
23
taining facilities and addressing the identified nec-
24
essary improvements of infrastructure and facilities
25
as outlined in the plan.
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1
2
‘‘(c) INCORPORATION OF RESULTS-ORIENTED MANAGEMENT
PRACTICES.—Each plan under subsection
3 (a)(1) shall incorporate the leading results-oriented man4 agement practices, including—
5
‘‘(1) analytically based goals;
6
‘‘(2) results-oriented metrics;
7
‘‘(3) an identification of required resources,
8
risks, and stakeholders; and
9
‘‘(4) regular reporting on progress to decision
10
makers.
11
‘‘(d) SERVICE CHIEF ASSESSMENT.—Each service
12 chief (as defined in section 3101 of this title) shall—
13
‘‘(1) assess each plan and certification devel-
14
oped by the Secretary concerned under subsection
15
(a); and
16
‘‘(2) submit to the congressional defense com-
17
mittees, not later than the date on which the Sec-
18
retary concerned submits the plan and certification
19
to such committees, an unaltered copy of the results
20
of such assessment.’’.
21
SEC. 2804. IMPROVEMENTS TO WATER MANAGEMENT AND
22
23
SECURITY ON MILITARY INSTALLATIONS.
(a) IN GENERAL.—Subchapter III of chapter 169 of
24 title 10, United States Code, is amended by inserting after
25 section 2866 the following new section:
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1 ‘‘§ 2866a. Risk-based approach to water management
2
and water security at military installa-
3
tions
4
‘‘(a) IN GENERAL.—(1) The Secretary of Defense
5 shall adopt a risk-based approach to water management
6 and water security for each military installation.
7
‘‘(2) In implementing paragraph (1), the Secretary
8 shall prioritize those military installations that the Sec9 retary determines—
10
11
‘‘(A) are experiencing the greatest risks to
water management and water security; and
12
‘‘(B) face, or potentially face, the most severe
13
adverse effects on mission assurance because of such
14
risks.
15
‘‘(3) Determinations under paragraph (2) shall be
16 made on the basis of the water management and water
17 security assessments made by the Secretary concerned
18 under subsection (b).
19
‘‘(b) WATER MANAGEMENT AND WATER SECURITY
20 ASSESSMENTS.—(1) The Secretary of Defense, in coordi21 nation with each Secretary of a military department, shall
22 develop a methodology to assess, for each military installa23 tion—
24
25
‘‘(A) risks to water management and water security; and
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1
‘‘(B) adverse effects on mission assurance be-
2
cause of such risks.
3
‘‘(2) Such methodology shall include the following:
4
‘‘(A) An evaluation of all water sources avail-
5
able to a military installation, disaggregated by—
6
‘‘(i) total available water volume;
7
‘‘(ii) treated potable water; and
8
‘‘(iii) treated nonpotable water.
9
‘‘(B) An assessment of relevant water supply
10
connections for a military installation, including the
11
number, type, water flow rate, seasonal variability,
12
and the extent of competition for each such connec-
13
tion.
14
15
‘‘(C) A calculation of the total water requirement of a military installation that—
16
‘‘(i) includes an identification of the water
17
usage by each tenant command located on the
18
military installation; and
19
‘‘(ii) describes the water uses that com-
20
prise
21
disaggregated by—
such
total
water
requirement,
22
‘‘(I) drinking water uses; and
23
‘‘(II) nonpotable water uses, includ-
24
ing—
25
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1
‘‘(bb) irrigation groundskeeping;
2
‘‘(cc) wash water; and
3
‘‘(dd) other industrial and agri-
4
cultural uses.
5
‘‘(D) An evaluation of the age, condition, and
6
jurisdictional control of water infrastructure serving
7
a military installation, including an estimate of the
8
percentage of water lost due to water infrastructure
9
that is in poor or failing condition.
10
‘‘(E) An evaluation of water security risks that
11
could have an adverse effect on mission assurance
12
for a military installation, including—
13
14
15
16
‘‘(i) if the military installation is located in
a drought-prone region;
‘‘(ii) decreasing water levels or sources
that supply water to the military installation;
17
‘‘(iii) effects of new defense water uses on
18
the total water requirement of the military in-
19
stallation; and
20
‘‘(iv) increases to the demand for water
21
that result from nondefense or defense-adjacent
22
requirements and that could affect—
23
24
‘‘(I) the supply of water available for
use by the military installation;
25
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‘‘(II) the quality of such water; and
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1
‘‘(III) any legal rights to use of such
2
water by the military installation, such as
3
water rights disputes.
4
‘‘(F) An evaluation of the capacity of the water
5
supply of a military installation to withstand or
6
quickly recover from water constraints, and the over-
7
all health of the aquifer basin of which the water
8
supply is a part, including the robustness of the re-
9
source, redundancy, and ability to recover from dis-
10
ruption.
11
‘‘(G) An evaluation of existing water metering
12
and water consumption at a military installation,
13
disaggregated—
14
‘‘(i) by type of activity, including training,
15
maintenance, medical, housing, and grounds
16
maintenance and landscaping; and
17
‘‘(ii) by fluctuations in consumption, in-
18
cluding peak consumption by quarter.
19
‘‘(H) A determination of the appropriate fre-
20
quency for reassessment of military installations
21
with the highest water security risk.
22
‘‘(3) The Secretary of Defense, in coordination with
23 each Secretary of a military department, shall update the
24 methodology under paragraph (1) not less frequently than
25 once every ten years.
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1
‘‘(c) REASSESSMENT OF WATER SECURITY RISK.—
2 The Secretary of Defense shall update assessments of the
3 military installations with the highest water security risk
4 not less frequently than as determined under subsection
5 (b)(2)(H).
6
‘‘(d) MITIGATION OF HIGHEST WATER SECURITY
7 RISK INSTALLATIONS.—(1) Each Secretary of a military
8 department shall—
9
‘‘(A) identify the three military installations
10
under the jurisdiction of the Secretary with the
11
highest water security risk; and
12
‘‘(B) develop, for each military installation iden-
13
tified, a plan of action and milestones to address—
14
‘‘(i) risks to water security; and
15
‘‘(ii) adverse effects on mission assurance
16
17
because of such risks.
‘‘(2) Each such plan of action shall include the fol-
18 lowing:
19
‘‘(A) A description of each risk and the effect
20
on the capacity of the military installation and mis-
21
sion assurance.
22
23
‘‘(B) A list of the factors contributing to the
risk, disaggregated by risks originating from—
24
25
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‘‘(i) the geographic area under the control
of the military installation; and
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1
‘‘(ii) the geographic area not under the
2
control of the military installation.
3
‘‘(C) A plan for implementing installation-level
4
water metering to ensure more accurate assessments
5
of demand for water at the military installation.
6
‘‘(D) An assessment of—
7
‘‘(i) the effects of planned future missions
8
and tenant commands on the demand for water
9
at the military installation; and
10
‘‘(ii) the corresponding requirements for
11
water infrastructure serving the military instal-
12
lation.
13
‘‘(E) A list of infrastructure projects to miti-
14
gate loss of available water supply to leakage, in-
15
cluding new construction, recapitalization, required
16
maintenance, and modernization of existing infra-
17
structure.
18
‘‘(F) A cost-benefit analysis of using ‘no dig’
19
technologies to mitigate infrastructure degradation
20
that leads to water loss.
21
‘‘(e) EVALUATION OF INSTALLATIONS FOR NON-
22
POTABLE WATER REUSE.—(1) The Secretary of Defense
23 shall evaluate each military installation identified under
24 subsection (d) to determine the potential to mitigate risks
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1 to water security for such installation through the reuse
2 of nonpotable water for nondrinking water uses.
3
‘‘(2) Such evaluation shall include the following:
4
‘‘(A) An evaluation of alternative water sources
5
to offset use of freshwater, including water recycling
6
and harvested rainwater for use as nonpotable
7
water.
8
‘‘(B) An assessment of the feasibility of incor-
9
porating, when practicable, water-efficient tech-
10
nologies and systems to minimize water consumption
11
and wastewater discharge on the installation.
12
‘‘(C) An evaluation of the practicality of imple-
13
menting water reuse systems and other water-saving
14
infrastructure into new construction in water-con-
15
strained areas, as determined pursuant to the appli-
16
cable water management and security assessment
17
under subsection (b).
18
‘‘(f) COST EFFECTIVE LANDSCAPING MANAGEMENT
19 PRACTICES.—(1) The Secretary of Defense shall, to the
20 maximum extent practicable, implement, at each military
21 installation identified under subsection (d), landscaping
22 management practices that mitigate risks to water man23 agement and water security and enhance mission assur24 ance by enabling greater quantities of water availability
25 for operational, training, and maintenance requirements.
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1
‘‘(2) For military installations located in arid or semi-
2 arid regions, such landscaping management practices
3 shall, to the extent practicable, include practices that avoid
4 the cost of irrigation.
5
‘‘(3) To the extent practicable, each Secretary of a
6 military department shall institute landscaping manage7 ment practices that include plants native to, or appro8 priate for, the region in which the installation is located
9 and native grass and plants that decrease water consump10 tion requirements.
11
‘‘(g) BRIEFINGS REQUIRED.—(1) Not later than 180
12 days after the date of the enactment of this section, the
13 Secretary of Defense shall provide to the Committees of
14 the Armed Services of the House of Representatives and
15 the Senate a briefing that includes—
16
‘‘(A) an identification, in ranked order, of the
17
military installations identified under subsection (d)
18
with the highest water security risk; and
19
‘‘(B) a description of the schedule for devel-
20
oping each plan of action required by subsection (d).
21
‘‘(2) Not later than one year after the date of the
22 enactment of this section, and annually thereafter not
23 later than the date of President’s budget for a fiscal year
24 under section 1105 of title 31, the Secretary of Defense
25 shall provide to the Committees of the Armed Services of
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1 the House of Representatives and the Senate a briefing
2 that includes, with respect to the period covered by the
3 briefing—
4
‘‘(A) an update on the progress of the Secretary
5
concerned toward completing the water security as-
6
sessment required by subsection (b);
7
‘‘(B) updated cost estimates for infrastructure
8
projects to mitigate loss of available water supply to
9
leakage identified pursuant to subsection (d)(1)(E);
10
and
11
‘‘(C) a description of—
12
‘‘(i) any agreement between a Secretary of
13
a military department and the head of a non-
14
Department of Defense entity with respect to
15
property under the jurisdiction of such Sec-
16
retary that may affect—
17
‘‘(I) the supply of water available to a
18
military installation under the jurisdiction
19
of such Secretary; or
20
‘‘(II) the demand for water of such in-
21
stallation; and
22
‘‘(ii) any change to—
23
‘‘(I) the water supply of a military in-
24
stallation under the jurisdiction such Sec-
25
retary; or
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1
‘‘(II) the demand for water of such
2
3
military installation.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
4 tion shall be construed to require the repetition or replace5 ment of any prior water assessment or evaluation con6 ducted before the date of the enactment of section 2827
7 of the Military Construction Authorization Act for Fiscal
8 Year 2021 (division B of Public Law 118–159; 10 U.S.C.
9 2866 note) that is accurate and reflects current mission
10 requirements.’’.
11
(b) CONFORMING REPEAL.—Section 2827 of the Wil-
12 liam M. (Mac) Thornberry National Defense Authoriza13 tion Act for Fiscal Year 2021 (Public Law 116–283; 10
14 U.S.C. 2866 note) is repealed.
15
SEC. 2805. MODIFICATION TO ASSISTANCE FOR PUBLIC IN-
16
17
FRASTRUCTURE PROJECTS AND SERVICES.
Section 2391(b)(5)(B)(iv) of title 10, United States
18 Code, is amended—
19
(1) by inserting ‘‘(including health care, hous-
20
ing, and defense critical infrastructure projects and
21
services)’’ after ‘‘projects and services’’; and
22
(2) by striking ‘‘the defense industrial base and
23
the defense industrial base workers, if the Secretary
24
determines such support will improve operations of
25
the Department of Defense’’ and inserting ‘‘the de-
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1
fense industrial base, defense industrial base work-
2
ers, and military installations’’.
3
SEC. 2806. MODIFICATIONS TO DEFENSE COMMUNITY IN-
4
FRASTRUCTURE PROGRAM.
5
(a) MODIFICATION TO CATEGORIES FOR ASSIST-
6
ANCE.—Section 2391(d)(1)(B) of title 10, United States
7 Code, is amended—
8
(1) in the matter preceding clause (i), by strik-
9
ing ‘‘, including selection’’ and all that follows
10
through ‘‘of priority’’ and inserting ‘‘for each of the
11
following categories’’;
12
(2) in clause (i), by striking ‘‘military value’’
13
and all that follows through the period and inserting
14
‘‘the readiness of a military department or mission
15
assurance at a military installation.’’; and
16
17
(3) by redesignating clauses (ii) and (iv) as
clauses (iv) and (ii), respectively, and—
18
(A) by moving clause (ii), as so redesig-
19
nated, after clause (i); and
20
(B) by moving clause (iv), as so redesig-
21
nated, after clause (iii).
22
(b) TEMPORARY PRIORITY
AND
ALLOCATION
OF
23 FUNDS UNDER PROGRAM.—During the two-year period
24 beginning on the date of the enactment of this Act, the
25 Secretary of Defense shall—
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1
(1) give priority under the Defense Community
2
Infrastructure Program under section 2391(d) of
3
title 10, United States Code, to projects under sub-
4
paragraph (B)(ii) of such section (as amended by
5
subsection (a)), for which an application has been
6
previously made for assistance under that program;
7
and
8
(2) allocate not less than two-thirds of the
9
amounts appropriated or otherwise made available
10
for such program equally among projects under sub-
11
paragraphs (B)(i) and (B)(ii) of such program (as
12
amended by subsection (a)).
13
SEC. 2807. INCLUSION OF DEMOLITION PROJECTS IN DE-
14
FENSE COMMUNITY INFRASTRUCTURE PRO-
15
GRAM.
16
Section 2391(e)(4)(B) of title 10, United States
17 Code, is amended by adding at the end the following new
18 clause:
19
20
‘‘(iv) A demolition project.’’.
SEC. 2808. SUPERVISION OF MILITARY CONSTRUCTION
21
22
PROJECTS.
(a) SUPERVISION.—Section 2851(a) of title 10,
23 United States Code, is amended by striking ‘‘the Secretary
24 of the Army’’ and all that follows through ‘‘approves’’ and
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1 inserting ‘‘a Secretary of a military department or Govern2 ment agency (as approved by the Secretary of Defense)’’.
3
(b) AUTHORITY.—Section 2802(b) of title 10, United
4 Stated Code, is amended—
5
6
(1) in paragraph (4), by striking ‘‘and’’ at the
end; and
7
8
(2) in paragraph (5), by striking the period at
the end and inserting ‘‘; and’’; and
9
10
(3) by adding at the end the following new
paragraph:
11
‘‘(6) personnel and personal services contracts
12
required to carry out paragraphs (1) through (5).’’.
13
(c) AGGREGATE SQUARE FOOTAGE EXCEPTION.—
14 Section 2849(f) of the National Defense Authorization Act
15 for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
16 2268) is amended by adding at the end the following new
17 paragraph:
18
‘‘(4) The construction project for the head-
19
quarters facilities for the United States Space Com-
20
mand.’’.
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1
SEC. 2809. AUTHORITY TO USE ACCELERATED DESIGN-
2
BUILD
3
PROCEDURES FOR MILITARY CONSTRUCTION
4
PROJECTS.
5
AND
PROGRESSIVE
DESIGN-BUILD
Section 3241 of title 10, United States Code, is
6 amended—
7
(1) in subsection (f)—
8
(A) in paragraph (1), by striking ‘‘The
9
Secretary of a military department’’ and insert-
10
ing ‘‘Subject to paragraph (4), each Secretary
11
concerned’’;
12
(B) in paragraph (2), by striking ‘‘Any
13
military construction contract’’ and inserting
14
‘‘Any construction contract for a military con-
15
struction project’’; and
16
(C) by amending paragraphs (3) and (4)
17
18
to read as follows:
‘‘(3) Not later than March 1, 2028, and annually
19 thereafter until March 1, 2033, the Secretary of Defense
20 shall submit to the congressional defense committees a re21 port on the use of the authority under this subsection that
22 includes the following:
23
‘‘(A) A description of the military construction
24
project for which such authority was used, including
25
project title, location, scope, and rationale for select-
26
ing such project.
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1
‘‘(B) The date of award of a contract for such
2
military construction project, the initial estimated
3
contract value, and the current projected total cost
4
of such project.
5
‘‘(C) A comparison of projected schedule for
6
completion of such project with the actual schedule,
7
including dates for completing the design of such
8
project and commencing construction.
9
‘‘(D) Any realized or anticipated cost savings or
10
efficiencies, including those related to time, re-
11
sources, or design innovation, attributable to the use
12
of the authority under this subsection for a military
13
construction project.
14
‘‘(E) An assessment of risk management bene-
15
fits, including any improvements in design flexibility
16
or coordination between contractors and the Sec-
17
retary concerned.
18
‘‘(F) Any challenges encountered, and mitiga-
19
tion efforts made, in the use of such authority for
20
a military construction project.
21
‘‘(4) Each Secretary concerned may exercise the
22
authority under this subsection using amounts ap-
23
propriated for such purpose on or after the date of
24
the enactment of this paragraph.’’; and
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1
(2) by inserting after subsection (f) the fol-
2
lowing new subsection:
3
‘‘(g) AUTHORIZATION
4
OF
PROGRESSIVE DESIGN-
BUILD CONTRACTS.—(1) Notwithstanding subsections (b)
5 through (e), the Secretary concerned may enter into a pro6 gressive design-build contract for a military construction
7 project under the authority of subsection (a) in accordance
8 with the following requirements:
9
‘‘(A) The contract is awarded in a single phase
10
based on qualifications and demonstrated capabili-
11
ties of the offeror without submission of a detailed
12
construction cost or price proposal at the time of
13
award.
14
‘‘(B) The contract provides for collaboration be-
15
tween the Secretary concerned and the contractor to
16
develop and refine the project scope and design, in-
17
cluding cost estimates.
18
‘‘(C) Following development of the project scope
19
and preliminary design, the contract provide for the
20
Secretary concerned and contractor to negotiate a
21
guaranteed maximum price or other fixed-price
22
agreement for the construction phase of the military
23
construction project.
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1
‘‘(D) If negotiations described in subparagraph
2
(C) fail, the contract includes terms for termination
3
or renegotiation.
4
‘‘(2) The Secretary concerned shall issue rules to en-
5 sure appropriate oversight, risk management, and contract
6 administration consistent with the requirements of this
7 subsection.
8
‘‘(3) Not later than March 1, 2028, and annually
9 thereafter until March 1, 2033, the Secretary of Defense
10 shall submit to the congressional defense committees a re11 port on the use of the authority under this subsection that
12 includes the following:
13
‘‘(A) A description of the military construction
14
project for which such authority was used, including
15
project title, location, scope, and rationale for select-
16
ing such project.
17
‘‘(B) The date of award of a contract for such
18
military construction project, the initial estimated
19
contract value, and the current projected total cost
20
of such project.
21
‘‘(C) A comparison of projected schedule for
22
completion of such project with the actual schedule,
23
including dates for completing the design of such
24
project and commencing construction.
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1
‘‘(D) Any realized or anticipated cost savings or
2
efficiencies, including those related to time, re-
3
sources, or design innovation, attributable to the use
4
of the authority under this subsection for a military
5
construction project.
6
‘‘(E) An assessment of risk management bene-
7
fits, including any improvements in design flexibility
8
or coordination between contractors and the Sec-
9
retary concerned.
10
‘‘(F) Any challenges encountered, and mitiga-
11
tion efforts made, in the use of such authority for
12
the military construction project.
13
‘‘(4) Each Secretary concerned may exercise the au-
14 thority under this subsection using amounts appropriated
15 for such purpose on or after the date of the enactment
16 of this paragraph.’’.
17
SEC. 2810. EXTENSION OF AUTHORITY FOR TEMPORARY EX-
18
PANDED LAND ACQUISITION FOR EQUINE
19
WELFARE.
20
(a) IN GENERAL.—Section 2804(c) of the Military
21 Construction Authorization Act for Fiscal Year 2025 (di22 vision B of Public Law 118–159; 10 U.S.C. 2805 note)
23 is amended by striking ‘‘February 1, 2026’’ and inserting
24 ‘‘August 1, 2026’’.
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1
(b) BRIEFING REQUIRED.—Not later than 30 days
2 after each use of the authority described under section
3 2804(c) of the Military Construction Authorization Act for
4 Fiscal Year 2025 (division B of Public Law 118–159; 10
5 U.S.C. 2805 note), the Secretary of the Army shall pro6 vide to the congressional defense committees a briefing on
7 such use.
8
SEC. 2811. EXTENSION OF REQUIREMENT FOR CONTRACT
9
FOR OBLIGATION AND EXECUTION OF DE-
10
SIGN FUNDS FOR MILITARY CONSTRUCTION
11
PROJECTS.
12
Section 2811(a) of the Military Construction Author-
13 ization Act for Fiscal Year 2025 (division B of Public Law
14 118–159; 10 U.S.C. 2807 note) is amended by striking
15 ‘‘150 days’’ and inserting ‘‘one year’’.
16
SEC. 2812. MODIFICATION OF PILOT PROGRAM ON IN-
17
CREASED USE OF SUSTAINABLE BUILDING
18
MATERIALS IN MILITARY CONSTRUCTION TO
19
INCLUDE
SUSTAINABLE
20
NOLOGIES
IDENTIFIED
21
TROLLER GENERAL OF THE UNITED STATES.
22
Section 2861 of the Military Construction Authoriza-
BUILDING
TECH-
BY
COMP-
THE
23 tion Act for Fiscal Year 2022 (division B of Public Law
24 118–81; 10 U.S.C. 2802 note) is amended—
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1
(1) in subsection (b)(1), by striking ‘‘at least’’
2
and all that follows through the period at the end
3
and inserting ‘‘at least two military construction
4
projects.’’;
5
6
(2) in subsection (d), by striking ‘‘September
30, 2025’’ and inserting ‘‘September 30, 2029’’;
7
8
(3) in subsection (e), by striking ‘‘January 1,
2025’’ and inserting ‘‘January 1, 2029’’;
9
10
(4) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
11
(5) by inserting after subsection (e) the fol-
12
lowing new subsection (f):
13
‘‘(f) USE OF CERTAIN TECHNOLOGIES.—In carrying
14 out each project under the pilot program commencing on
15 or after the date of the enactment of the National Defense
16 Authorization Act for Fiscal Year 2026, the Secretary
17 concerned shall use not fewer than three technologies iden18 tified in the report published by the Comptroller General
19 of the United States on February 11, 2025, and titled
20 ‘Science & Tech Spotlight: Sustainable Building Tech21 nologies’ (GAO–25–107931). Nothing in this subsection
22 shall be construed to require the redesign, modification,
23 or reauthorization of any project initiated prior to the date
24 of the enactment of such Act.’’;
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1
(6) in subsection (g)(1), as so redesignated, by
2
striking ‘‘December 31, 2025’’ and inserting ‘‘De-
3
cember 31, 2030’’; and
4
(7) in subsection (h), as so redesignated, by
5
striking ‘‘any building material’’ and inserting ‘‘any
6
building material identified in the report published
7
by the Comptroller General of the United States on
8
February 11, 2025, and titled ‘Science & Tech Spot-
9
light: Sustainable Building Technologies’ (GAO–25–
10
107931)’’.
11
SEC. 2813. INCREASE OF MAXIMUM AMOUNT FOR CERTAIN
12
REPLACEMENT PROJECTS FOR DAMAGED OR
13
DESTROYED FACILITIES.
14
Section 2854(c)(3) of title 10, United States Code,
15 is amended by striking ‘‘$100,000,000’’ and inserting
16 ‘‘$300,000,000’’.
17
SEC. 2814. MULTIYEAR CONTRACTING AUTHORITY FOR
18
CERTAIN
19
PROJECTS.
20
MILITARY
CONSTRUCTION
(a) AUTHORITY FOR MULTIYEAR CONTRACTING.—
21 Subject to section 3501 of title 10, United States Code,
22 each Secretary of a military department may enter into
23 one or more multiyear contracts for any procurement re24 lating to one or more authorized military construction
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1 projects for facilities at one or more military installations
2 if the Secretary concerned—
3
(1) has identified such project as a multiyear
4
contract in the budget submitted to Congress by the
5
Secretary of Defense pursuant to section 1105 of
6
title 31, United States Code—
7
(A) a list of locations included in the
8
multiyear contract;
9
(B) the total number of facilities included
10
such contract; and
11
(C) the total anticipated cost of the such
12
contract;
13
(2) has determined the use of such contract will
14
result in significant savings of the total anticipated
15
cost for carrying out projects under the contract as
16
compared to other contract types;
17
(3) has determined that the minimum need for
18
such projects is expected to remain substantially un-
19
changed during the proposed contract period; and
20
(4) has a reasonable expectation that through-
21
out the proposed contract period funding for the
22
contract will be available.
23
(b) CONDITIONS FOR OUT-YEAR CONTRACT PAY-
24
MENTS.—A
contract entered into under subsection (a)
25 shall provide that any obligation of the United States to
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1 make a payment under the contract for a fiscal year after
2 the fiscal year in which the contract is awarded is subject
3 to the availability of appropriations or funds for that pur4 pose for such later fiscal year.
5
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—A
6 Secretary of a military department may enter into one or
7 more contracts for an advance procurement associated
8 with a military construction project for which authoriza9 tion to enter into a multiyear contract is provided under
10 subsection (a), which may include procurement of eco11 nomic order quantities of materials or components for
12 such a project when cost savings are achievable.
13
(d) ADDITIONAL REQUIREMENTS.—
14
(1) COST
SAVINGS
CERTIFICATION.—A
Sec-
15
retary of a military department desiring to award a
16
multiyear contract under the authority of this sec-
17
tion shall—
18
(A) submit to the congressional defense
19
committees a certification that such contract
20
will result in cost savings of at least ten percent
21
compared to a similar one-year contract; and
22
(B) not award such contract until the end
23
of the 14-day period beginning on the date of
24
submission of the certification described in sub-
25
paragraph (A).
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1
(2) LIMITATIONS.—A Secretary of a military
2
department may only use the authority under this
3
section for military construction projects that—
4
(A) are included in the future-years de-
5
fense program submitted under section 221 of
6
title 10, United States Code; and
7
(B) use standardized and repeatable de-
8
9
signs.
SEC.
2815.
GUIDANCE
FOR
MILITARY
CONSTRUCTION
10
PROJECTS FOR INNOVATION, RESEARCH, DE-
11
VELOPMENT, TEST, AND EVALUATION.
12
(a) GUIDANCE REQUIRED.—Not later than 120 days
13 after the date of the enactment of this Act, the Secretary
14 of Defense shall issue written guidance on the implementa15 tion of section 2810 of title 10, United States Code.
16
(b) CONTENTS.—The guidance required by this sec-
17 tion shall include, at minimum, the following:
18
(1) Procedures and criteria for the development
19
and submission of project proposals pursuant to sub-
20
section (b) of section 2810 of title 10, United States
21
Code.
22
(2) Definitions for roles and responsibilities for
23
Department of Defense employees with respect to re-
24
view, approval, and execution of projects carried out
25
under the authority of such section 2810.
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1
(3) Clarification on how the use of the author-
2
ity to carry out projects under such section 2810
3
may be coordinated with the use of authorities for
4
such projects under sections 2803, 2805, and 4123
5
of title 10, United States Code.
6
(4) A process for internal review and validation
7
of projects proposed to be carried out using the au-
8
thority under section 2810 of title 10, United States
9
Code, which shall include—
10
(A) assessments of how such proposed
11
projects could be integrated across military de-
12
partments;
13
(B) comprehensive time-phased milestone
14
plans for such proposed projects with clearly
15
defined dependencies; and
16
(C) explicit documentation of budget pro-
17
gramming action decisions of the Secretary of
18
the military department with jurisdiction over
19
such project.
20
SEC. 2816. AUTHORIZATION FOR COST-PLUS-INCENTIVE-
21
FEE CONTRACTS FOR CERTAIN SHIPYARD IN-
22
FRASTRUCTURE
23
MILITARY CONSTRUCTION PROJECTS.
24
(a) IN GENERAL.—Notwithstanding section 3323 of
OPTIMIZATION
PROGRAM
25 title 10, United States Code, the Secretary of Defense may
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1 authorize the use of cost-plus-incentive-fee contracts for
2 military construction projects associated with the Ship3 yard Infrastructure Optimization Program of the Depart4 ment of Defense at each of the following locations:
5
(1) Norfolk Naval Shipyard, Virginia.
6
(2) Pearl Harbor Naval Shipyard and Inter-
7
mediate Maintenance Facility, Hawaii.
8
(3) Portsmouth Naval Shipyard, Maine.
9
(4) Puget Sound Naval Shipyard and Inter-
10
mediate Maintenance Facility, Washington.
11
(b) REPORT.—Not later than 180 days after the date
12 of the enactment of this Act, and annually thereafter until
13 the date that is five years from enactment of this Act,
14 the Secretary of the Navy shall provide to the congres15 sional defense committees a briefing on the use of the au16 thority under this section, including the following:
17
(1) An overview of each military construction
18
project commenced or planned using such authority,
19
including contract value and schedule.
20
21
(2) A comparison of projected cost and the actual cost of contracts described in paragraph (1).
22
23
(3) A description of the performance metrics of
such contracts.
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1
(4) A description of the risk management and
2
incentive plans used to control costs and ensure
3
timely delivery for such contracts.
4
(5) An assessment of lessons learned and rec-
5
ommendations for future use of the authority under
6
this section for military construction projects.
7
SEC. 2817. IMPLEMENTATION OF COMPTROLLER GENERAL
8
RECOMMENDATIONS RELATING TO INFORMA-
9
TION SHARING TO IMPROVE OVERSIGHT OF
10
MILITARY CONSTRUCTION.
11
Not later than one year after the date of the enact-
12 ment of this Act, the Secretary of Defense shall—
13
(1) implement the recommendations of the
14
Comptroller General of the United States in the re-
15
port titled ‘‘Military Construction: Better Informa-
16
tion Sharing Would Improve DOD’s Oversight’’
17
(GAO–24–106499; published September 16, 2024);
18
or
19
(2) if the Secretary does not implement any
20
such recommendation, submit to the Committees on
21
Armed Services of the Senate and the House of Rep-
22
resentatives a report explaining why the Secretary
23
has not implemented those recommendations.
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2
Subtitle B—Military Housing
Reforms
3
SEC. 2821. IMPROVEMENTS TO DEPARTMENT OF DEFENSE
1
4
HOUSING
5
ANALYSIS.
6
REQUIREMENTS
AND
MARKET
(a) IN GENERAL.—Section 2837(d) of title 10,
7 United States Code, is amended by striking ‘‘total military
8 population of such installation’’ and inserting ‘‘total popu9 lation of such installation, including members of the
10 armed forces, civilian employees of the Department of De11 fense, and defense contractors’’.
12
(b) CONSIDERATION AUTHORIZED.—Section 2872(1)
13 of title 10, United States Code, is amended by inserting
14 ‘‘, including such units for civilian employees of the De15 partment of Defense and defense contractors’’ before the
16 period at the end.
17
(c) INDEPENDENT MARKET ANALYSIS.—
18
(1) IN GENERAL.—The Secretary of Defense,
19
acting through the Under Secretary of Defense for
20
Acquisition and Sustainment and in coordination
21
with each Secretary of a military department, shall
22
seek to enter into an agreement with an independent
23
entity to conduct an evaluation by not later than
24
September 30, 2026, of the suitability of land owned
25
by the Department of Defense in the State of Ha-
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1
waii and Guam for residential housing development
2
for members of the Armed Services and the families
3
of such members.
4
(2) SUBMISSION TO CONGRESS.—Not later than
5
30 days after the date on which the evaluation under
6
paragraph (1) is completed, the Secretary of De-
7
fense shall submit to the Committees on Armed
8
Services of the House of Representatives and the
9
Senate a report that includes the results of such
10
evaluation.
11
SEC. 2822. IMPROVEMENTS TO ANNUAL REPORTS ON CER-
12
TAIN WAIVERS FOR COVERED MILITARY UN-
13
ACCOMPANIED HOUSING.
14
(a) IN GENERAL.—Section 2856a of title 10, United
15 States Code, is amended—
16
(1) in the section heading, by inserting ‘‘and
17
covered health and safety standards’’ after
18
‘‘standards’’;
19
20
21
(2) in subsection (a)—
(A) by striking ‘‘Effective March 2, 2024,
any’’ and inserting ‘‘Any’’;
22
(B) in the matter preceding paragraph (1),
23
by inserting ‘‘or covered health and safety
24
standards’’ after ‘‘covered privacy and configu-
25
ration standards’’;
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1
(C) in paragraph (1)—
2
(i) by inserting ‘‘or covered health and
3
safety standards’’ after ‘‘covered privacy
4
and configuration standards’’; and
5
(ii) by striking ‘‘covered habitability
6
standards’’ and inserting ‘‘covered privacy
7
and configuration standards or covered
8
health and safety standards’’;
9
(D) in paragraph (2), by inserting ‘‘or cov-
10
ered health and safety standards (as applica-
11
ble)’’ after ‘‘covered privacy and configuration
12
standards’’ each place it appears;
13
(E) in paragraph (4), by inserting ‘‘or cov-
14
ered health and safety standards’’ after ‘‘cov-
15
ered privacy and configuration standards’’ and
16
(3) in subsection (b)—
17
(A) by striking ‘‘such uniform standards’’
18
each place it appears and inserting ‘‘applicable
19
standards’’;
20
(B) in paragraph (2), by inserting ‘‘, and
21
a timeline to implement such plan’’ after ‘‘waiv-
22
er’’;
23
24
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the end;
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1
(D) in paragraph (5)(C), by striking the
2
period at the end and inserting a semicolon;
3
and
4
(E) by adding at the end the following new
5
paragraphs:
6
‘‘(6) an assessment of whether a need for fu-
7
ture waivers has been identified;
8
‘‘(7) a summary of the analysis performed
9
under subsection (a)(2), including a certification by
10
the Secretary of each military department that the
11
Secretary has—
12
‘‘(A) complied with the requirements for
13
issuing a waiver; and
14
‘‘(B) identified all covered military unac-
15
companied housing that does not meet covered
16
privacy and configuration standards or covered
17
health and safety standards;
18
‘‘(8) information about costs associated with re-
19
mediation of covered military unaccompanied hous-
20
ing that requires such waivers, including—
21
22
23
‘‘(A) funding needs for military construction projects related to such remediation;
‘‘(B)
funding
needs
for
facilities
24
sustainment, restoration, and modernization
25
projects related to such remediation; and
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1
‘‘(C) any increase required to the basic al-
2
lowance for housing under section 403 of title
3
37 for members of the armed forces that would
4
otherwise be living in covered military unaccom-
5
panied housing but for the need for such reme-
6
diation; and
7
‘‘(9) a description of the status of the response
8
of the Department to open recommendations con-
9
tained in the 2023 report by the Comptroller Gen-
10
eral of the United States titled ‘Military Barracks:
11
Poor Living Conditions Undermine Quality of Life
12
and Readiness’ (GAO–23–105797), including any
13
privacy and configuration standard or health and
14
safety standard of a military department that differs
15
from the covered privacy and configuration stand-
16
ards or covered health and safety standards (as ap-
17
plicable).’’; and
18
(4) by amending subsection (c) to read as fol-
19
lows:
20
‘‘(c) DEFINITIONS.—In this section:
21
‘‘(1) The term ‘covered health and safety stand-
22
ard’ means the minimum health and safety criteria
23
applicable to covered military unaccompanied hous-
24
ing established by the Secretary of Defense and may
25
include standards relating to mold, ventilation, fire
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1
safety, or other related habitability conditions nec-
2
essary to ensure safe occupancy.
3
‘‘(2) The term ‘covered privacy and configura-
4
tion standard’ means the minimum standards for
5
privacy and configuration applicable to covered mili-
6
tary unaccompanied housing described in Depart-
7
ment of Defense Manual 4165.63 titled ‘DoD Hous-
8
ing Management’ and dated October 28, 2010 (or a
9
successor document).’’.
10
(b) TECHNICAL AMENDMENT.—Section 2856a(a)(2)
11 of title 10, United States Code, is amended by striking
12 ‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’.
13
SEC. 2823. CONTINUATION AND MODIFICATION OF CER-
14
TAIN REPORTING REQUIREMENTS WITH RE-
15
SPECT TO PRIVATIZED MILITARY HOUSING.
16
17
(a) MODIFICATION OF REPORT ON MILITARY HOUSING PRIVATIZATION PROJECTS.—
18
(1) IN
GENERAL.—Subsection
(c) of section
19
2884 of title 10, United States Code, is amended—
20
(A) by adding at the end the following new
21
subparagraphs:
22
‘‘(15) An explanation of—
23
24
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1
‘‘(B) the housing data each Secretary con-
2
cerned requests from companies responsible for
3
managing privatization projects.
4
‘‘(16) An assessment of how each Secretary
5
concerned uses such housing data to inform the on-
6
base housing decisions for the military department
7
under the jurisdiction of the Secretary.
8
‘‘(17) An explanation of—
9
‘‘(A) the limitations of any tenant satisfac-
10
tion data collected by the Secretary concerned
11
(including limitations with respect to the avail-
12
ability of such data);
13
‘‘(B) the process of the Secretary con-
14
cerned for determining tenant satisfaction; and
15
‘‘(C) reasons for missing tenant satisfac-
16
tion data, if any.
17
‘‘(18) To the maximum extent practicable, a
18
breakdown of the information described in para-
19
graphs (1) through (17), disaggregated by—
20
‘‘(A) military installation; and
21
‘‘(B)
22
project.’’; and
23
24
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military
housing
privatization
(B) in the heading, by striking ‘‘ANNUAL’’
and inserting ‘‘SEMI-ANNUAL’’.
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1
(2)
AMENDMENT.—Subsection
CONFORMING
2
(d)(1) of such section is amended by striking ‘‘para-
3
graphs (1) through (14) of subsection (c)’’ and in-
4
serting ‘‘paragraphs (1) through (18) of subsection
5
(c)’’.
6
(b) CONTINUATION
OF
CERTAIN REPORTS
ON
7 PRIVATIZED MILITARY HOUSING.—
8
(1) IN GENERAL.—Section 1080(a) of the Na-
9
tional Defense Authorization Act for Fiscal Year
10
2016 (Public Law 114–92; 10 U.S.C. 111 note)
11
does not apply to the reports required to be sub-
12
mitted to Congress under subsection (b) and sub-
13
section (c) of section 2884 of title 10, United States
14
Code.
15
(2) CONFORMING REPEAL.—Section 1061(c) of
16
the National Defense Authorization Act for Fiscal
17
Year 2017 (Public Law 114–328; 10 U.S.C. 111
18
note) is amended by striking paragraph (52).
19
SEC. 2824. MODIFICATION OF CERTAIN REQUIREMENTS
20
WITH RESPECT TO CLOSURE OF MAINTE-
21
NANCE
22
MILITARY HOUSING.
23
WORK
ORDERS
FOR
PRIVATIZED
Section 2891(f) of title 10, United States Code, is
24 amended—
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1
(1) by redesignating paragraphs (1) through
2
(3) as subparagraphs (A) through (C), respectively;
3
(2) by inserting ‘‘(1)’’ before ‘‘A landlord pro-
4
viding’’;
5
(3) by striking subparagraph (C) of paragraph
6
(1) (as so redesignated) and inserting the following:
7
‘‘(C) except as provided in paragraph (2), by al-
8
lowing the work order or maintenance ticket to be
9
closed only after the landlord makes not fewer than
10
three documented attempts to notify the resident of
11
work completion through means that include—
12
‘‘(i) the resident Internet portal for the
13
housing unit;
14
‘‘(ii) text messaging;
15
‘‘(iii) email; and
16
‘‘(iv) telephone.’’; and
17
(4) by adding at the end the following new
18
paragraph:
19
‘‘(2) If a resident does not respond to a landlord after
20 three attempts of the landlord to notify the resident of
21 work completion pursuant to paragraph (1)(C), the land22 lord may close the work order or maintenance ticket only
23 if—
24
‘‘(A) the landlord submits to the head of the
25
applicable housing management office notice that
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1
the landlord intends to close the work order or main-
2
tenance ticket; and
3
‘‘(B) the head of the applicable housing man-
4
agement office does not object, in writing, to the clo-
5
sure.’’.
6
SEC. 2825. INCLUSION OF ADDITIONAL LANDLORD FINAN-
7
CIAL INFORMATION IN CERTAIN ANNUAL RE-
8
PORT ON PRIVATIZED MILITARY HOUSING.
9
Section 2891c(a)(2) of title 10, United States Code,
10 is amended by adding at the end the following new sub11 paragraphs:
12
‘‘(G) Information with respect to each insur-
13
ance policy maintained by the landlord for such
14
housing units, including the—
15
‘‘(i) scope of coverage;
16
‘‘(ii) deductible;
17
‘‘(iii) policy limit; and
18
‘‘(iv) total premium amount.
19
‘‘(H) The total amount of any payments made
20
by the landlord to tenants of such housing units pur-
21
suant to a dispute resolution process.’’.
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1
SEC. 2826. APPLICATION OF CERTAIN AUTHORITIES AND
2
STANDARDS TO HISTORIC MILITARY HOUS-
3
ING AND ASSOCIATED HISTORIC PROPERTIES
4
OF THE DEPARTMENT OF DEFENSE.
5
(a) APPLICATION OF AUTHORITIES.—Chapter 3061
6 of title 54, United States Code, is amended by adding at
7 the end the following:
8 ‘‘Subchapter IV—Application of Authorities
9
and Standards to Historic Military Hous-
10
ing and Associated Properties
11 ‘‘§ 306141. Application of certain authorities and
12
standards to historic military housing
13
and associated historic properties of the
14
Department of the Army
15
‘‘(a) APPLICATION
OF
CERTAIN AUTHORITY
TO
16 CAPEHART AND WHERRY ERA ARMY MILITARY FAMILY
17 HOUSING.—The Secretary of the Army, in satisfaction of
18 requirements under this division, may apply the authority
19 and standards contained in the document titled ‘Program
20 Comment for Capehart and Wherry Era Army Family
21 Housing and Associated Structures and Landscape Fea22 tures (1949–1962)’ (published on June 7, 2002) (67 Fed.
23 Reg. 39332) to all military housing (including privatized
24 military housing under subchapter IV of chapter 169 of
25 title 10) constructed during the period beginning on Janu26 ary 1, 1941, and ending on December 31, 1948, located
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1 on a military installation under the jurisdiction of the Sec2 retary of the Army.
3
‘‘(b) TEMPORARY APPLICATION OF CERTAIN AU-
4
THORITY TO VIETNAM WAR ERA ARMY MILITARY HOUS-
5
ING.—During the period beginning on the date of the en-
6 actment of the Military Construction Act for Fiscal Year
7 2025 (division B of Public Law 118–159) and ending on
8 December 31, 2045, the Secretary of the Army, in satis9 faction of requirements under this division, may apply the
10 authority and standards contained in the document titled
11 ‘Program Comment for Vietnam War Era Historic Hous12 ing, Associated Buildings and Structures, and Landscape
13 Features (1963–1975)’ (published on May 4, 2023) (88
14 Fed. Reg. 28573) to all military housing (including
15 privatized military housing under subchapter IV of chap16 ter 169 of title 10) constructed after 1975 located on a
17 military installation under the jurisdiction of the Secretary
18 of the Army.
19
‘‘(c) REPORT.—As part of each report of the Army
20 required under section 3(c) of Executive Order 13287 (54
21 U.S.C. 306101 note), the Secretary of the Army shall sub22 mit to the Advisory Council on Historic Preservation a re23 port on the implementation of this section.
24
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
25 tion may be construed to preclude or require the amend-
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1 ment of the documents of the Office of the Assistant Sec2 retary of the Army for Installations, Energy and Environ3 ment described in subsection (a) and (b) by the Secretary
4 of the Army or the chair of the Advisory Council on His5 toric Preservation.
6 ‘‘§ 306142. Application of certain authorities and
7
standards to historic military housing
8
and associated historic properties of the
9
Department of the Navy and the Depart-
10
ment of the Air Force
11
‘‘(a) APPLICATION OF CERTAIN AUTHORITY TO NAVY
12
AND AIR FORCE MILITARY FAMILY HOUSING.—The Sec-
13 retary of the Navy and the Secretary of the Air Force,
14 in satisfaction of requirements under this division, may
15 apply the authority and standards contained in the docu16 ments titled ‘Department of the Army Program Comment
17 for the Preservation of Pre-1919 Historic Army Housing,
18 Associated Buildings and Structures, and Landscape Fea19 tures’ (published on June 13, 2024) (89 Fed. Reg.
20 50350), ‘Department of the Army Program Comment for
21 Inter-War Era Historic Housing, Associated Buildings
22 and Structures, and Landscape Features (1919–1940)’
23 (published on October 13, 2020) (85 Fed. Reg. 64491),
24 and ‘Department of the Army Program Comment for Viet25 nam War Era Historic Housing, Associated Buildings and
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1 Structures, and Landscape Features (1963–1975)’ (pub2 lished on May 4, 2023) (88 Fed. Reg. 28573) to all mili3 tary housing (including privatized military housing under
4 subchapter IV of chapter 169 of title 10) constructed dur5 ing the applicable periods.
6
‘‘(b) APPLICATION
OF
CERTAIN AUTHORITY
TO
7 INTER-WAR ERA HISTORIC HOUSING.—The Secretary of
8 the Navy and the Secretary of the Air Force may apply
9 the authority and standards contained in the document
10 titled ‘Department of the Army Program Comment for
11 Inter-War Era Historic Housing, Associated Buildings
12 and Structures, and Landscape Features (1919–1940)’
13 (published on October 13, 2020) (85 Fed. Reg. 64491)
14 to all military housing (including privatized military hous15 ing under subchapter IV of chapter 169 of title 10) con16 structed during the period beginning on January 1, 1941,
17 and ending on December 31, 1948, located on a military
18 installation under the jurisdiction of the Secretary of the
19 Navy or the Secretary of the Air Force.
20
‘‘(c) TEMPORARY APPLICATION OF CERTAIN AU-
21
THORITY TO VIETNAM WAR ERA NAVY AND AIR FORCE
22 MILITARY HOUSING.—During the period beginning on the
23 date of the enactment of the Military Construction Au24 thorization Act for Fiscal Year 2026 and ending on De25 cember 31, 2045, the Secretary of the Navy and the Sec-
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1 retary of the Air Force, in satisfaction of requirements
2 under this division, may apply the authority and standards
3 contained in the document titled ‘Department of the Army
4 Program Comment for Vietnam War Era Historic Hous5 ing, Associated Buildings and Structures, and Landscape
6 Features (1963–1975)’ (published on May 4, 2023) (88
7 Fed. Reg. 28573) to all military housing (including
8 privatized military housing under subchapter IV of chap9 ter 169 of title 10) constructed after 1975 located on a
10 military installation under the jurisdiction of the Secretary
11 of the Navy or the Secretary of the Air Force.’’.
12
(b) REVISION OF AUTHORITIES AND STANDARDS.—
13
(1) REVISION
OF AUTHORITY RELATING TO
14
NAVY AND AIR FORCE MILITARY FAMILY HOUSING.—
15
Not later than one year after the date of the enact-
16
ment of this Act, the Advisory Council on Historic
17
Preservation shall revise the authorities and stand-
18
ards contained in the documents specified in section
19
306142(a) of title 54, United States Code, as added
20
by subsection (a), if determined to be necessary, to
21
provide the Secretary of the Navy and the Secretary
22
of the Air Force authority and standards for the
23
treatment of military housing under the jurisdiction
24
of the Secretary concerned, including privatized mili-
25
tary housing under subchapter IV of chapter 169 of
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1
title 10, United States Code, constructed during the
2
applicable periods of such documents that are equiv-
3
alent to the authority and standards applicable to
4
housing, associated buildings and structures, and
5
landscape features contained in such documents as
6
of the date of the enactment of this Act.
7
(2) REVISION
OF AUTHORITY RELATING TO
8
INTER-WAR
9
than one year after the date of the enactment of this
10
Act, the Advisory Council on Historic Preservation
11
shall revise the authorities and standards contained
12
in the document specified in section 306142(b) of
13
title 54, United States Code, as added by subsection
14
(a), if determined to be necessary, to include mili-
15
tary housing, including privatized military housing
16
under subchapter IV of chapter 169 of title 10,
17
United States Code, constructed during the period
18
beginning on January 1, 1941, and ending on De-
19
cember 31, 1948, located on a military installation
20
under the jurisdiction of the Secretary of the Navy
21
or the Secretary of the Air Force.
22
ERA
(3) REVISION
HISTORIC
HOUSING.—Not
later
OF AUTHORITY RELATING TO
23
VIETNAM WAR ERA NAVY AND AIR FORCE MILITARY
24
HOUSING.—Not later than one year after the date of
25
the enactment of this Act, the Advisory Council on
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1
Historic Preservation shall revise the authorities and
2
standards contained in the document specified in
3
section 306142(c) of title 54, United States Code, as
4
added by subsection (a), if determined to be nec-
5
essary, to provide the Secretary of the Navy and the
6
Secretary of the Air Force authority and standards
7
for the treatment of military housing under the ju-
8
risdiction of the Secretary concerned, including
9
privatized military housing under subchapter IV of
10
chapter 169 of title 10, United States Code, con-
11
structed after 1975 that are equivalent to the stand-
12
ards applicable to housing, associated buildings and
13
structures, and landscape features contained in that
14
document as of the date of the enactment of this
15
Act.
16
(c) REPORTS.—The Secretary of the Navy and the
17 Secretary of the Air Force shall adhere to any reporting
18 requirements contained in any program comments revised
19 under subsection (b).
20
(d) CONFORMING REPEAL.—Section 2839 of title 10,
21 United States Code, is repealed.
22
SEC. 2827. IMPROVEMENT OF ADMINISTRATION OF MILI-
23
TARY UNACCOMPANIED HOUSING.
24
(a) UPDATED GUIDANCE ON SURVEYS.—The Sec-
25 retary of Defense, in carrying out the satisfaction survey
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1 requirement under section 3058 of the Military Construc2 tion Authorization Act for Fiscal Year 2020 (division B
3 of Public Law 116–92; 10 U.S.C. 2821 note), shall update
4 guidance to the Secretaries of the military departments
5 to ensure that members of the Armed Forces living in mili6 tary unaccompanied housing are surveyed in a consistent
7 and comparable manner.
8
9
(b) REVIEW ON PROCESSES AND METHODOLOGIES
FOR CONDITION SCORES.—
10
(1) IN GENERAL.—The Secretary of Defense
11
shall conduct a review of the processes and meth-
12
odologies by which the Secretaries of the military de-
13
partments calculate condition scores for military un-
14
accompanied housing facilities under the jurisdiction
15
of the Secretary concerned.
16
17
(2) ELEMENTS.—The review required under
paragraph (1) shall, among other factors—
18
19
(A) consider how best to ensure a condition score of a facility reflects—
20
21
(i) the physical condition of the facility; and
22
(ii) the effect of that condition on the
23
quality of life of members of the Armed
24
Forces; and
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1
(B) aim to increase methodological consist-
2
ency among the military departments.
3
(3) REPORT.—Not later than one year after the
4
date of the enactment of this Act, the Secretary of
5
Defense shall submit to the Committees on Armed
6
Services of the Senate and the House of Representa-
7
tives a report on the results of the review conducted
8
under paragraph (1).
9
(c) ACCOUNTING OF MEMBERS RESIDING IN MILI-
10
TARY UNACCOMPANIED HOUSING.—
11
(1) IN GENERAL.—The Secretary of Defense
12
shall include with the submission to Congress by the
13
President of the annual budget of the Department
14
of Defense under section 1105(a) of title 31, United
15
States Code, an accounting of unaccompanied mem-
16
bers of the Armed Forces whose rank would require
17
that they live in military unaccompanied housing,
18
but that also receive a basic allowance for housing
19
under section 403 of title 37, United States Code.
20
21
(2)
ELEMENTS.—The
accounting
required
under paragraph (1) shall include—
22
23
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(A) the number of members of the Armed
Forces described in such paragraph;
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1500
1
(B) the total value of basic allowance for
2
housing payments provided to those members;
3
and
4
(C) such other information as the Sec-
5
6
retary considers appropriate.
(d) CENTRALIZED TRACKING.—Not later than one
7 year after the date of the enactment of this Act, each Sec8 retary of a military department shall develop a means for
9 centralized tracking, at the service level, of all military
10 construction requirements related to military unaccom11 panied housing that have been identified at the installation
12 level, regardless of whether or not such requirements are
13 submitted for funding.
14
(e)
15
FINED.—In
MILITARY
UNACCOMPANIED
HOUSING
DE-
this section, the term ‘‘military unaccom-
16 panied housing’’ has the meaning given that term in sec17 tion 2871 of title 10, United States Code.
18
SEC. 2828. AUTHORITY FOR UNACCOMPANIED HOUSING
19
PROJECT UNDER PILOT AUTHORITY FOR USE
20
OF OTHER TRANSACTIONS FOR INSTALLA-
21
TION OR FACILITY PROTOTYPING.
22
(a) IN GENERAL.—The Secretary of Defense may
23 conduct an unaccompanied housing project under section
24 4022(i) of title 10, United States Code, that is not subject
25 to the limits under paragraph (2) of such section.
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1
(b) USE OF AUTHORITY.—The Secretary may use the
2 authority under subsection (a) for not more than one
3 project.
4
(c) LOCATION.—The project conducted under sub-
5 section (a) shall be located at a joint base of the Depart6 ment of Defense for medical training.
7
(d) USE OF FUNDS.—The aggregate value of all
8 transactions entered into under the project conducted
9 under subsection (a) may not exceed $500,000,000.
10
SEC.
2829.
PILOT
PROGRAM
FOR
EMERGING
TECH-
11
NOLOGIES FOR MOISTURE CONTROL AND
12
MITIGATION.
13
(a) ESTABLISHMENT.—Not later than 90 days after
14 the date of the enactment of this Act, the Secretary of
15 Defense shall carry out a pilot program to assess and im16 plement emerging technologies for moisture control and
17 mitigation in covered housing.
18
(b) SELECTION OF LOCATIONS.—The Secretary shall
19 select not fewer than three and not more than five military
20 installations at which to carry out the pilot program estab21 lished under subsection (a). The Secretary shall prioritize
22 selection of military installations in regions with elevated
23 climate-related risk factors for mold growth, such as per24 sistent humidity, frequent rainfall, or outdated HVAC in25 frastructure.
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1
(c) ELEMENTS.—In carrying out the pilot program
2 established under this section, the Secretary shall—
3
(1) install moisture detection systems with ad-
4
vanced capabilities, including sensor-based humidity
5
or spore monitoring technologies capable of gener-
6
ating early warnings for environmental risk condi-
7
tions;
8
(2) implement noninvasive or technology-en-
9
abled mold remediation tools, such as antimicrobial
10
coatings, dry fogging systems, or UV-based steriliza-
11
tion units;
12
(3) define infrastructure requirements, includ-
13
ing upgrades to building materials or HVAC sys-
14
tems, necessary to support sustained mold preven-
15
tion using the selected moisture detection systems;
16
(4) train relevant personnel on the deployment,
17
maintenance, and data interpretation of selected
18
moisture detection systems;
19
(5) designate an individual at each military in-
20
stallation selected under subsection (b) to oversee
21
the implementation of the pilot program; and
22
(6) develop a strategic implementation and eval-
23
uation plan to assess performance of the selected
24
moisture detection systems and inform future deci-
25
sions relating to such systems.
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1
(d) REPORT AND BRIEFINGS.—
2
(1) REPORT.—Not later than 180 days after
3
the termination date in subsection (e), the Secretary
4
of Defense shall submit to the congressional defense
5
committees a report on the results of the pilot pro-
6
gram, including recommendations for broader imple-
7
mentation and an assessment of costs and benefits.
8
(2) BRIEFINGS.—
9
(A) PLAN.—Upon completion of the plan
10
required under subsection (c)(6), the Secretary
11
shall provide to the congressional defense com-
12
mittees a briefing on the plan and any prelimi-
13
nary findings.
14
(B) DISPLACEMENTS.—Not later than 180
15
days after the enactment of this Act, the Sec-
16
retary of Defense shall provide to the congres-
17
sional defense committees a briefing on—
18
(i) the number of individuals displaced
19
from covered housing for reasons relating
20
to mold or moisture control or mitigation
21
during fiscal year 2025, disaggregated by
22
military department;
23
24
(ii) the number of days such individuals were displaced; and
25
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1
(e) TERMINATION.—The authority to carry out the
2 pilot program under this section shall terminate on the
3 date that is five years after the date of the enactment of
4 this Act.
5
(f) COVERED HOUSING DEFINED.—In this section,
6 the term ‘‘covered housing’’ means housing provided under
7 subchapter II or subchapter IV of chapter 169 of title 10,
8 United States Code.
9
SEC. 2830. STANDARDIZATION OF MOLD REMEDIATION
10
GUIDELINES
11
MENTS.
ACROSS
MILITARY
DEPART-
12
(a) REQUIREMENT TO ESTABLISH COMMON GUIDE-
13
LINES.—Not later than 180 days after the date of the en-
14 actment of this Act, the Secretary of Defense, in coordina15 tion with the Secretaries of the military departments, shall
16 develop and implement uniform guidelines for the remedi17 ation of mold in military housing, facilities, and other real
18 property under jurisdiction of each such Secretary.
19
(b) CONSISTENCY WITH ESTABLISHED STAND-
20
ARDS.—The guidelines required under subsection (a) shall
21 be consistent with—
22
23
(1) applicable municipal and State health and
environmental standards; and
24
(2) third-party industry standards, including
25
the standard of the Institute of Inspection Cleaning
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1
and Restoration Certification titled ‘‘S520 Standard
2
for Professional Mold Remediation’’, or any suc-
3
cessor standard.
4
(c) APPLICABILITY.—The guidelines required under
5 subsection (a) shall apply—
6
(1) to contracts or task orders for mold remedi-
7
ation entered into on or after the date of the
8
issuance of such guidelines; and
9
(2) to mold remediation procedures conducted
10
on or after such date of issuance.
11
(d) REPORT.—Not later than 180 days after date of
12 the issuance of the guidelines under subsection (a), the
13 Secretary of Defense, in coordination with the Secretaries
14 of the military departments, shall submit to the congres15 sional defense committees a report that includes the guide16 lines and describes plans for implementation of the guide17 lines and monitoring compliance with the guidelines.
18
SEC. 2831. INSPECTIONS BY QUALIFIED HOME INSPECTOR
19
OF PRIVATIZED AND GOVERNMENT-OWNED
20
MILITARY HOUSING.
21
(a) ESTABLISHMENT OF INDEPENDENT INSPECTION
22 PROTOCOL.—Not later than 180 days after the date of
23 the enactment of this Act, the Secretary of Defense shall
24 establish a standardized inspection and audit program for
25 privatized military housing and Government-owned mili-
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1 tary housing that provides for such inspections and audits
2 to be conducted by an independent qualified home inspec3 tor.
4
(b) INSPECTION REQUIREMENTS.—Under the pro-
5 gram established by subsection (a), a qualified home in6 spector shall annually inspect not less than five percent
7 of privatized military housing and Government-owned
8 military housing units. Such inspection shall include, at
9 a minimum—
10
(1) an evaluation of HVAC systems, plumbing,
11
electrical systems, and structural integrity of the
12
privatized military housing and Government-owned
13
military housing units; and
14
(2) an inspection for signs of water intrusion,
15
visible and nonvisible mold, microbial contamination,
16
and other indoor air quality concerns.
17
(c) INSPECTION IMPLEMENTATION PLAN.—Not later
18 than February 1, 2026, the Secretary of Defense shall
19 submit to the congressional defense committees a plan to
20 implement the program established under subsection (a),
21 including—
22
23
(1) contracting procedures for qualified home
inspectors;
24
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1507
1
2
(3) protocols for reporting, remediation, and
follow-up actions; and
3
(4) integration with existing oversight and com-
4
pliance frameworks for privatized military housing
5
and Government-owned military housing.
6
(d) REPORTING REQUIREMENTS.—Not later than
7 March 1, 2027, and annually thereafter until March 1,
8 2032, the Secretary of Defense shall submit to the con9 gressional defense committees a report on the results of
10 inspections conducted under this section during the pre11 ceding calendar year. The report shall include—
12
(1) findings and deficiencies identified;
13
(2) remediation timelines and actions taken;
14
and
15
(3) recommendations for improving housing
16
conditions and oversight.
17
(e) DEFINITIONS.—In this section:
18
(1) The term ‘‘privatized military housing’’ has
19
the meaning given in section 3001(a)(2) of the Na-
20
tional Defense Authorization Act for Fiscal Year
21
2020 (Public Law 116–92; 10 U.S.C. 2821 note).
22
23
(2) The term ‘‘qualified home inspector’’ means
an individual who—
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1
(A) possesses housing inspection creden-
2
tials required by the State in which the inspec-
3
tion is performed; and
4
(B) is not an employee of, or in a fiduciary
5
relationship with—
6
(i) the Federal Government; or
7
(ii) any entity that owns or manages
8
privatized military housing or Government-
9
owned military housing.
10
SEC. 2832. PLAN TO IMPROVE ACCURACY, INTEGRATION,
11
AND INTEROPERABILITY OF DEPARTMENT
12
OF DEFENSE DATA WITH RESPECT TO REAL
13
PROPERTY,
14
TARY UNACCOMPANIED HOUSING.
15
AND
MILI-
(a) PLAN REQUIRED.—
16
17
INFRASTRUCTURE,
(1) IN GENERAL.—The Secretary of Defense
shall develop and implement a plan to—
18
(A) improve the accuracy, integration, and
19
interoperability of data across systems of a
20
military department to track and maintain data
21
with respect to real property, infrastructure, or
22
military unaccompanied housing under the ju-
23
risdiction of a Secretary concerned; and
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1
(B) enhance, across each military depart-
2
ment, the tracking, management, and reporting
3
of data with respect to—
4
(i) the condition of military unaccom-
5
panied housing; and
6
(ii) the occupancy rates of military
7
unaccompanied housing.
8
9
(2) ELEMENTS.—Such plan shall include the
following:
10
(A) A requirement for each Secretary of a
11
military department to update, on an annual
12
basis, the system of the appropriate military de-
13
partment—
14
15
(i) for real property planning to include—
16
(I) an accurate statement of defi-
17
cits in the occupancy of military unac-
18
companied housing under the jurisdic-
19
tion of the Secretary;
20
(II) a summary that aligns such
21
deficits with unit stationing decisions
22
of the Secretary; and
23
(III) a description of the effects
24
of relevant changes in force structure;
25
and
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1
(ii) to track and maintain data with
2
respect to military unaccompanied housing
3
to include—
4
(I) real-time occupancy data and
5
room assignment records with respect
6
to military unaccompanied housing
7
under the jurisdiction of the Sec-
8
retary; and
9
(II) a standardized automated
10
process to track completion times of
11
maintenance requests work orders
12
with respect to such military unac-
13
companied housing.
14
(B) Standards to ensure, with respect to
15
any system of a military department to assess
16
the condition of infrastructure under the juris-
17
diction of a Secretary of a military department,
18
that—
19
20
(i) data maintained by any such system is synchronized; and
21
22
(ii) any such system integrates predictive maintenance tools to—
23
(I) forecast infrastructure dete-
24
rioration; and
25
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1
(C) Enhanced data validation protocols
2
across all housing records of the Department of
3
Defense to—
4
(i) eliminate discrepancies in such
5
housing records; and
6
(ii) ensure accuracy of reports that in-
7
clude data from such housing records.
8
(D) A requirement for each Secretary of a
9
military department to audit, on a periodic
10
basis, data with respect to real property, infra-
11
structure, and military unaccompanied housing
12
under the jurisdiction of the Secretary.
13
(E) Specific milestones to achieve full data
14
synchronization across each system of a mili-
15
tary department to track and maintain data
16
with respect to military unaccompanied hous-
17
ing.
18
(F) Requirements, for each system de-
19
scribed in subparagraph (E), with respect to
20
system integration, user training, and compli-
21
ance monitoring.
22
(G)
A
Department
of
Defense-wide
23
verification framework to ensure accurate bar-
24
racks occupancy reporting, which shall in-
25
clude—
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1
(i) required physical inspections;
2
(ii) automated reconciliation of unit
3
personnel records with housing assign-
4
ments; and
5
(iii) mechanisms to prevent ghost oc-
6
cupancy.
7
(H) A Department of Defense-wide strat-
8
egy for real-time data analytics to—
9
10
(i) optimize investments in military
unaccompanied housing;
11
12
(ii) improve facility lifecycle management; and
13
(iii) enable predictive maintenance
14
planning;
15
(I) A Department of Defense-wide govern-
16
ance policy for data with respect to military un-
17
accompanied housing, that includes—
18
(i) enforceable protocols for data
19
entry, frequency of updates, access con-
20
trols, cybersecurity protections; and
21
(ii) standardized reporting require-
22
ments.
23
(J) A requirement for each Secretary of a
24
military department to implement a standard-
25
ized system for members of the Armed Forces,
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1
including commanders of military installations
2
to—
3
(i) report discrepancies in data main-
4
tained by the Secretary with respect to
5
military unaccompanied housing; and
6
(ii) submit to the Secretary concerned
7
requests for improvements to the system of
8
the appropriate military department to
9
track and maintain data with respect to
10
military unaccompanied housing.
11
(b) DEADLINE.—The Secretary of Defense shall sub-
12 mit to the Committee on Armed Services of the House
13 of Representatives the plan required by subsection (a) by
14 not later than September 30, 2026.
16
Subtitle C—Real Property and
Facilities Administration
17
SEC. 2841. MODIFICATION OF REQUIREMENT WITH RE-
18
SPECT TO MINIMUM CAPITAL INVESTMENT
19
FOR FACILITIES SUSTAINMENT, RESTORA-
20
TION, AND MODERNIZATION FOR MILITARY
21
DEPARTMENTS.
15
22
Section 2680 of title 10, United States Code, is
23 amended—
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1
(1) in subsection (a), by striking ‘‘total inven-
2
tory of facilities’’ and inserting ‘‘total inventory of
3
covered facilities’’;
4
5
(2) in subsection (b), by striking ‘‘facility’’ and
inserting ‘‘covered facility’’;
6
7
(3) in subsection (d), by striking ‘‘facilities’’
and inserting ‘‘covered facilities’’; and
8
(4) by striking subsection (e) and inserting the
9
following:
10
‘‘(e) DEFINITIONS.—In this section:
11
‘‘(1) The term ‘covered facility’ means a facility
12
(as defined in section 2801 of this title), except that
13
such term does not include—
14
‘‘(A) a facility identified as closed, dis-
15
posed of, or scheduled for divestment from the
16
inventory of the Department of Defense;
17
‘‘(B) a facility in which the Department
18
does not have a total ownership interest, includ-
19
ing—
20
21
‘‘(i) a facility leased by the Department; and
22
‘‘(ii) a facility in which the Depart-
23
ment has a lesser property interest under
24
a governing legal instrument; or
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1
‘‘(C) a facility for which the Department
2
uses—
3
‘‘(i) nonappropriated funds; or
4
‘‘(ii) amounts appropriated or other-
5
wise made available for military family
6
housing.
7
‘‘(2) The term ‘plant replacement value’ means,
8
with respect to a covered facility, the cost to replace
9
the covered facility using amounts appropriated for
10
facilities sustainment, restoration, and moderniza-
11
tion from the following accounts:
12
‘‘(A) Operation and maintenance.
13
‘‘(B) Military construction.
14
‘‘(C) Research, development, test, and eval-
15
uation.
16
‘‘(D) Working capital funds.’’.
17
SEC. 2842. AUTHORIZATION FOR MONETARY CONTRIBU-
18
TIONS TO THE CONVEYEES OF UTILITY SYS-
19
TEMS
20
MENTS.
21
FOR
INFRASTRUCTURE
IMPROVE-
Section 2688(k) of title 10, United States Code, is
22 amended to read as follows:
23
‘‘(k) IMPROVEMENT OF CONVEYED UTILITY SYS-
24
TEM.—(1) In lieu of carrying out a military construction
25 project for an infrastructure improvement that enhances
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1 the reliability, resilience, efficiency, physical security, or
2 cybersecurity of a utility system conveyed under sub3 section (a), the Secretary concerned may use funds au4 thorized and appropriated for the project to make a mone5 tary contribution equal to the total amount for the com6 pleted project to the conveyee of the utility system to carry
7 out the project using a contract for utility services entered
8 into under subsection (d).
9
‘‘(2) All right, title, and interest to infrastructure im-
10 provements constructed by the conveyee pursuant to para11 graph (1) shall vest in the conveyee.
12
‘‘(3) The Secretary concerned shall provide to the
13 conveyee the necessary real property interests to access
14 and use lands under the jurisdiction and control of the
15 Secretary for construction of the project under paragraph
16 (1) and for ongoing use, operations, and maintenance.
17
‘‘(4) If the Secretary concerned exercises a repur-
18 chase option under a contract entered into under sub19 section (d) for a system conveyed under subsection (a),
20 the Secretary shall receive an offset in the amount of the
21 contribution to the conveyee under paragraph (1) against
22 the payment made by the Secretary as consideration for
23 the repurchase, except that the maximum offset may not
24 exceed the full amount of the consideration for the repur25 chase.
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1
‘‘(5) The Secretary concerned may make a monetary
2 contribution authorized by paragraph (1) notwithstanding
3 the following provisions of law:
4
5
‘‘(A) Sections 7540, 8612, and 9540 of this
title.
6
7
‘‘(B) Subchapters I and III of chapter 169 of
this title.
8
‘‘(C) Chapters 221 and 223 of this title.’’.
9
SEC. 2843. EXTENSION OF AUTHORITY TO CARRY OUT DE-
10
PARTMENT OF DEFENSE PILOT PROGRAM
11
FOR USE OF COST SAVINGS REALIZED.
12
Section 2679(e)(4) of title 10, United States Code,
13 is amended by striking ‘‘September 30, 2025’’ and insert14 ing ‘‘September 30, 2030’’.
15
SEC. 2844. DEPARTMENT OF DEFENSE INTERGOVERN-
16
MENTAL SUPPORT AGREEMENTS FOR ORD-
17
NANCE DISPOSAL.
18
Section 2679(f)(1) of title 10, United States Code,
19 is amended by adding at the end the following new sen20 tence: ‘‘The term does include ordnance disposal.’’.
21
SEC. 2845. INCLUSION OF TERRITORIES IN CERTAIN INTER-
22
GOVERNMENTAL
23
FOR INSTALLATION-SUPPORT SERVICES.
24
SUPPORT
AGREEMENTS
Section 2679(f)(3) of title 10, United States Code,
25 is amended—
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1
2
(1) by striking ‘‘and’’ before ‘‘the United States
Virgin Islands’’; and
3
(2) by inserting ‘‘the State of Yap of the Fed-
4
erated States of Micronesia, and the Republic of
5
Palau,’’ after ‘‘Virgin Islands,’’.
6
SEC. 2846. REQUIREMENTS RELATING TO MILITARY IN-
7
STALLATION CLOSURES AND REPORT ON
8
ARMY ORGANIC INDUSTRIAL BASE SITES.
9
(a) MODIFICATION TO BRAC AUTHORITY.—Section
10 2687 of title 10, United States Code, is amended—
11
(1) in subsection (a)(1), by inserting ‘‘, includ-
12
ing a mothball action, divestiture, deactivation, or
13
any other action to render inoperable,’’ after ‘‘clo-
14
sure’’; and
15
16
(2) in subsection (g), by adding at the end the
following new paragraph:
17
‘‘(5) The term ‘mothball action’ means placing
18
a military installation in inactive status while main-
19
taining such installation in a condition such that it
20
could be reactivated at a future date.’’.
21
(b) REPORTS REQUIRED.—
22
(1) IN GENERAL.—Not later than 120 days
23
after the date of the enactment of this Act, and an-
24
nually thereafter for five years, the Secretary of the
25
Army shall submit to the congressional defense com-
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1
mittees a report on the status of all facilities in the
2
organic industrial base of the Army.
3
4
(2) ELEMENTS.—Each report required by paragraph (1) shall include—
5
(A) a list of all facilities in the organic in-
6
dustrial base of the Army and the operational
7
status of each facility;
8
(B) any planned changes in mission, work-
9
load, or operating status of each facility;
10
(C) any planned investments or divest-
11
ments that may affect the capability or capacity
12
of any such facility;
13
(D) a description of any action by the Sec-
14
retary of Defense taken pursuant to subpara-
15
graphs (B) or (C) during the one-year period
16
preceding submission of the report; and
17
(E) an assessment as to overall workload
18
forecast to meet requirements of section 2466
19
of title 10, United States Code.
20
(3) ORGANIC INDUSTRIAL BASE OF THE ARMY
21
DEFINED.—In this subsection, the term ‘‘organic in-
22
dustrial base of the Army’’ means each depot listed
23
in section 2476(f)(1) of title 10, United States Code.
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1
SEC. 2847. DEPARTMENT OF DEFENSE PROCEDURES WITH
2
RESPECT TO PLANNING COORDINATION FOR
3
GRID RESILIENCY ON MILITARY INSTALLA-
4
TIONS.
5
Section 2920(a) of title 10, United States Code, is
6 amended by adding at the end the following new para7 graphs:
8
‘‘(5) The Secretary shall establish internal processes
9 to support coordination with external regulatory and plan10 ning entities involved in grid reliability, transmission in11 frastructure, and long-term energy planning, in order to
12 assess and mitigate risks to defense-critical installations,
13 advance the energy security objectives of the Department,
14 and comply with statutory mandates under this section.
15
‘‘(6) Coordination under paragraph (5)—
16
‘‘(A) shall include identification of mission-crit-
17
ical loads and infrastructure dependencies and load
18
profiles at or near military installations; and
19
20
‘‘(B) may include consultation with relevant
Federal and non-Federal entities.’’.
21
SEC. 2848. REPEAL OF CONSTRUCTION REQUIREMENTS RE-
22
LATED TO ANTITERRORISM AND FORCE PRO-
23
TECTION OR URBAN-TRAINING OPERATIONS.
24
(a) REPEAL.—Section 2859 of title 10, United States
25 Code, is repealed.
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1
(b) CONFORMING AMENDMENT.—Section 2864 of
2 such title is amended—
3
(1) by striking subsection (e); and
4
(2) by redesignating subsection (f) as sub-
5
section (e).
6
SEC. 2849. REPEAL OF PILOT PROGRAM AUTHORIZING
7
OVERHEAD COST REIMBURSEMENTS FROM
8
MAJOR RANGE AND TEST FACILITY BASE
9
USERS AT CERTAIN DEPARTMENT OF THE
10
AIR FORCE INSTALLATIONS.
11
Section 2862 of the National Defense Authorization
12 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
13 9771 note prec) is repealed.
14
15
SEC. 2850. MASTER PLANS FOR SERVICE ACADEMIES.
(a) PLANS REQUIRED.—Each Secretary of a military
16 department shall develop a master plan for each Service
17 Academy under the jurisdiction of the Secretary to com18 prehensively address infrastructure requirements of such
19 Service Academy. Each master plan shall include the fol20 lowing:
21
(1) Consideration of the requirements of sub-
22
paragraphs (A) through (D) of section 2864(a)(2) of
23
title 10, United States Code.
24
25
(2) For the Service Academy that is the subject
of a master plan—
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1
(A) a list of infrastructure located at the
2
Service Academy that is in poor or failing con-
3
dition on or before the date described in sub-
4
section (c);
5
(B) a plan for replacing, recapitalizing, or
6
renovating such infrastructure not later than
7
five years after such date; and
8
(C) a list of infrastructure located at the
9
Service Academy that—
10
(i) is listed on the National Register
11
of Historic Places (maintained under chap-
12
ter 3021 of title 54, United States Code)
13
on or before the date described in sub-
14
section (b); or
15
(ii) will be eligible inclusion on the
16
National Register of Historic Places not
17
later than five years after the date of the
18
enactment of this Act.
19
(3) An assessment of risks posed by disruptions
20
in energy availability, risks posed by extreme weath-
21
er (as defined in section 101 of title 10 United
22
States Code), cybersecurity risks, and risks related
23
to availability of clean water applicable to the Serv-
24
ice Academy that is the subject of a master plan.
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1
(b) ADDITIONAL REQUIREMENT.—Each master plan
2 required under subsection (a) shall propose a method to
3 address the requirements of paragraphs (1) and (3) of
4 such subsection not later than five years after the date
5 described in subsection (c).
6
(c) DEADLINE.—Each master plan required under
7 subsection (a) shall be completed not later than September
8 30, 2027.
9
(d) BRIEFING.—Not later than 180 days after the
10 date of the enactment of this Act, each Secretary of a mili11 tary department shall provide to the Committees on
12 Armed Services of the Senate and the House of Represent13 atives a briefing on the timeline for the completion of the
14 master plans required under subsection (a).
15
(e) SUBMISSION OF PLAN.—Not later than 30 days
16 after the date on which a Secretary of a military depart17 ment completes a master plan required under subsection
18 (a) or December 1, 2027, whichever is earlier, the Sec19 retary shall provide to the Committees on Armed Services
20 of the Senate and the House of Representatives a copy
21 of the master plan.
22
(f) SERVICE ACADEMY DEFINED.—In this section,
23 the term ‘‘Service Academy’’ has the meaning given in sec24 tion 347 of title 10, United States Code.
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1
SEC. 2851. ANNUAL REPORT ON COST PREMIUM FOR CON-
2
STRUCTION OF CERTAIN FACILITIES.
3
(a) REPORT REQUIRED.—Not later than March 1,
4 2026, and annually thereafter for five years, the Secretary
5 of Defense shall submit to the congressional defense com6 mittees a report that includes a detailed quantitative and
7 qualitative assessment of the cost premium for construc8 tion of facilities selected under subsection (b).
9
(b) SELECTION OF FACILITIES.—The Secretary shall
10 select not more than five facilities to include in the report
11 required under subsection (a), which may include the fol12 lowing:
13
(1) A unit of covered military unaccompanied
14
housing (as defined in section 2856 of title 10,
15
United States Code).
16
17
(2) A military child development center (as defined in section 1800 of such title).
18
19
(3) An administrative facility located on a military installation.
20
(4) Military family housing.
21
(5) Military aircraft hangars and runways.
22
(6) Physical fitness centers located on military
23
installations.
24
(c) CONTENTS.—Each report required under sub-
25 section (a) shall include the following:
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1
(1) The cost premium, expressed as a percent-
2
age, for the facilities selected under subsection (b).
3
(2) A detailed assessment of the factors contrib-
4
uting to cost premium, including—
5
(A) compliance with the Unified Facilities
6
Criteria/DoD Building Code (UFC 1–200–01)
7
and any other design requirements specific to
8
military construction projects;
9
(B) prevailing wage and labor require-
10
ments;
11
(C) Federal procurement requirements
12
contained in the Federal Acquisition Regulation
13
and the Department of Defense Supplement to
14
the Federal Acquisition Regulation;
15
(D) security requirements relating to ac-
16
cess to military installations; and
17
(E) requirements relating to sustainability
18
and energy efficiency.
19
(3) An examination of how the removal of
20
Antiterrorism/Force Protection (ATFP) standards
21
and requirements has affected the cost premium for
22
military construction projects, including any quan-
23
tifiable reductions in cost or design complexity re-
24
sulting from such removal.
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1
(d)
RECOMMENDATIONS.—Each
report
required
2 under subsection (a) shall include recommendations for
3 the following:
4
(1) Proposed statutory, regulatory, or policy re-
5
forms to reduce the cost premium for military con-
6
struction without compromising mission needs.
7
(2) Best practices from the private sector and
8
State or local government construction projects that
9
could improve cost efficiency for military construc-
10
tion projects.
11
(3) Alternative construction methodologies and
12
procurement strategies that could mitigate the cost
13
premium for military construction.
14
(e) COST PREMIUM FOR MILITARY CONSTRUCTION
15 DEFINED.—In this section, the term ‘‘cost premium’’,
16 with respect to a facility, means the difference between—
17
18
(1) the cost to construct a new facility carried
out by the Secretary of Defense; and
19
(2) the estimated cost to construct a similar fa-
20
cility carried out by a private entity, as adjusted for
21
size, geographic location, and function of such facil-
22
ity.
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1
SEC. 2852. IMPLEMENTATION OF COMPTROLLER GENERAL
2
RECOMMENDATIONS RELATING TO CRITICAL
3
MILITARY HOUSING SUPPLY AND AFFORD-
4
ABILITY.
5
(a) IN GENERAL.—Not later than one year after the
6 date of the enactment of this Act, and except as provided
7 in subsection (c), the Secretary of Defense shall implement
8 each recommendation of the Comptroller General of the
9 United States contained in the report dated October 30,
10 2024, and entitled ‘‘Military Housing: DOD Should Ad11 dress Critical Supply and Affordability Challenges for
12 Service Members’’ (GAO–25–106208), as those rec13 ommendations are modified under subsection (b).
14
(b) RECOMMENDATIONS TO BE IMPLEMENTED.—In
15 carrying out the requirements under subsection (a), the
16 Secretary of Defense shall implement the recommenda17 tions specified under such subsection as follows:
18
(1) The Secretary shall—
19
(A) perform a structured analysis to de-
20
velop a comprehensive list of housing areas in
21
which members of the Armed Forces and their
22
families may face the most critical challenges in
23
finding and affording private sector housing in
24
the community;
25
(B) in conducting the analysis under sub-
26
paragraph (A), consider the unique characteris-
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1
tics of a location, such as vacation rental areas;
2
and
3
(C) regularly update the list required
4
under subparagraph (A) not less frequently
5
than once every two years.
6
(2) The Secretary shall obtain and use feedback
7
on the financial and quality-of-life effects of limited
8
supply or unaffordable housing on members of the
9
Armed Forces through the status of forces survey
10
and other service or installation-specific feedback
11
mechanisms.
12
13
(3) The Secretary shall, in coordination with
each Secretary of a military department—
14
(A) develop a plan for how the Department
15
of Defense can respond to and address the fi-
16
nancial and quality-of-life effects in housing
17
areas identified under paragraph (1); and
18
(B) in developing the plan under subpara-
19
graph (A), examine strategies for increasing
20
housing supply or providing alternative com-
21
pensation to offset the effects of limited supply
22
or unaffordable housing in housing areas identi-
23
fied under paragraph (1).
24
(4) The Secretary shall clarify, through the
25
issuance of guidance to the military departments,
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1
the role of the Office of the Secretary of Defense in
2
oversight of the Housing Requirements and Market
3
Analysis process of the military departments to en-
4
sure that—
5
(A) the military departments conduct such
6
process in a timely manner; and
7
(B) the Secretary submits to Congress any
8
plans or other matters relating to such process
9
for each fiscal year as required by existing law.
10
(5) The Secretary shall ensure that the Assist-
11
ant Secretary of Defense for Energy, Installations,
12
and Environment provides updated guidance to the
13
military departments on how installations of the De-
14
partment of Defense should coordinate with local
15
communities, including by clearly defining the roles
16
and responsibilities of commanders and military
17
housing offices of such installations in addressing
18
housing needs.
19
(c) NON-IMPLEMENTATION REPORTING REQUIRE-
20
MENT.—If the Secretary of Defense elects not to imple-
21 ment a recommendation specified under subsection (a), as
22 modified under subsection (b), the Secretary shall, not
23 later than one year after the date of the enactment of this
24 Act, submit to the Committees on Armed Services of the
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1530
1 Senate and the House of Representatives a report that
2 includes a justification for such election.
3
SEC. 2853. PLAN FOR DEPLOYING PRIVATE FIFTH GENERA-
4
TION
5
RADIO ACCESS NETWORK ARCHITECTURE ON
6
DEPARTMENT OF DEFENSE MILITARY IN-
7
STALLATIONS.
AND
FUTURE
GENERATION
OPEN
8
(a) REQUIREMENT FOR PRIORITIZED LIST OF MILI-
9
TARY INSTALLATIONS.—Pursuant to section 1526 of the
10 National Defense Authorization Act for Fiscal Year 2024
11 (Public Law 118–31; 10 U.S.C. 4571 note) and the De12 partment of Defense Private 5G Deployment Strategy
13 (dated October 2024), each Secretary of a military depart14 ment shall develop a prioritized list of military installa15 tions that merit investment in private fifth generation and
16 future generation information and communications net17 works.
18
(b) CONSIDERATIONS.—In developing a list under
19 subsection (a), a Secretary of a military department shall
20 consider matters relating to the following:
21
(1) Connection density.
22
(2) Latency requirements.
23
(3) Capacity requirements.
24
(4) Geographic coverage requirements.
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1
2
(5) Enhanced security within wireless network
services.
3
(6) Military installation physical security and
4
force protection requirements, including perimeter
5
monitoring and detection and tracking of uncrewed
6
aircraft systems.
7
8
(7) Requirements with respect to large-scale
warehousing and logistics operations.
9
(8) The potential use of augmented or virtual
10
reality technology, including for maintenance and
11
training.
12
(9) Requirements with respect to large-scale
13
and high-tempo flight line operations.
14
(c) INFORMING FUTURE PROCUREMENTS.—The Sec-
15 retary of the Air Force shall use the prioritized list devel16 oped under subsection (a) to inform task orders issued
17 under the Enterprise Information Technology as a Service
18 Base Infrastructure Modernization program of the De19 partment of the Air Force and future related contracts.
20 To the maximum extent possible, task orders issued after
21 the date of the enactment of this Act shall specify where
22 existing networking technologies are fully adequate to
23 meet requirements and where private fifth generation and
24 future generation information and communications net25 work performance or characteristics are needed.
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1
(d)
COORDINATION
REQUIRED.—In
developing
2 prioritized lists under subsection (a), each Secretary of a
3 military department shall, to the extent each such Sec4 retary determines appropriate, coordinate with the fol5 lowing officials:
6
7
(1) The Under Secretary of Defense for Research and Engineering,
8
9
(2) The Under Secretary of Defense for Acquisition and Sustainment.
10
11
(3) The Chief Information Officer of the Department of Defense.
12
13
(4) The service acquisition executive of the military department concerned.
14
(5) Combatant commanders.
15
(6) The heads of the Defense Agencies.
16
(7) Installation and environment executives.
17
(e) PLAN FOR PRIVATE 5G OPEN RADIO ACCESS
18 NETWORK ARCHITECTURE DEPLOYMENTS.—Not later
19 than March 1, 2026, the Secretary of Defense shall—
20
(1) consolidate the prioritized military installa-
21
tion lists developed by the Secretaries of the military
22
departments under subsection (a), and determine an
23
optimal investment, deployment, and resourcing plan
24
for private fifth generation and future generation
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1
networks across the Department that are based on
2
Open Radio Access Network architecture; and
3
(2) submit to the congressional defense commit-
4
tees a report on the lists consolidated under para-
5
graph (1) and the determinations made pursuant to
6
such paragraph.
7
(f) DEFINITIONS.—In this section:
8
(1) The term ‘‘military installation’’ has the
9
meaning given such term in section 2801 of title 10,
10
United States Code.
11
(2) The term ‘‘Open Radio Access Network ar-
12
chitecture’’ has the meaning given such term in sec-
13
tion 1526 of the National Defense Authorization Act
14
for Fiscal Year 2024 (Public Law 118–31).
15
(3) The term ‘‘service acquisition executive’’
16
has the meaning given such term in section 101 of
17
title 10, United States Code.
18
Subtitle D—Land Conveyances
19
SEC. 2861. HISTORICAL MARKER COMMEMORATING EF-
20
FECTS
21
HOLLOMAN AIR FORCE BASE AND WHITE
22
SANDS MISSILE RANGE.
23
(a) HISTORICAL MARKERS REQUIRED.—
OF
RADIATION
EXPOSURE
AT
24
(1) HOLLOMAN AIR FORCE BASE.—The Sec-
25
retary of the Air Force shall place a historical mark-
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1
er as described in subsection (b) in a publicly acces-
2
sible location at the Holloman Air Force Base.
3
(2) WHITE SANDS MISSILE RANGE.—The Sec-
4
retary of the Army shall place a historical marker as
5
described in subsection (b) in a publicly accessible
6
location at the White Sands Missile Range.
7
(b) REQUIRED INFORMATION.—A historical marker
8 described in subsection (a) shall commemorate the effects
9 of radiation exposure on communities in New Mexico as
10 a result of the Manhattan Project and the nuclear test
11 conducted at the Trinity Site. Such historical marker shall
12 include, at a minimum, the following:
13
(1) An unclassified description of the history of
14
the Manhattan Project and its purpose, including a
15
description of the nuclear test conducted at the
16
Trinity Site and an acknowledgement that it was the
17
location of the world’s first nuclear weapons test.
18
(2) A description of how the classified nature of
19
the Manhattan Project and the nuclear test con-
20
ducted at the Trinity Site led to the unknowing ex-
21
posure of individuals in communities located down-
22
wind from such testing to radiological byproducts
23
and associated consequences of such byproducts.
24
(3) The markers will honor the resilience of the
25
New Mexico communities during and after World
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1
War II, recognizing the service and sacrifice of all
2
who contributed to the war effort.
3
(c) BRIEFING REQUIRED.—Not later than 1 year
4 after the date of the enactment of this Act, the Secretary
5 of the Air Force and Secretary of the Army shall jointly
6 provide to the Committees on Armed Services of the
7 House of Representatives and Senate a briefing on the im8 plementation of the requirements of this section.
9
(d) DEFINITIONS.—In this section:
10
(1) MANHATTAN PROJECT.—The term ‘‘Man-
11
hattan Project’’ means the Federal military program
12
to develop an atomic bomb ending on December 31,
13
1946.
14
(2) TRINITY SITE.—The term ‘‘Trinity Site’’
15
means the location in the Jornada del Muerto desert
16
near Alamogordo, New Mexico, on the former
17
Alamorgordo Bombing and Gunnery Range, known
18
today as Holloman Air Force Base and the White
19
Sands Missile Range, where the world’s first nuclear
20
weapon was exploded on July 16, 1945.
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1
SEC. 2862. PROHIBITION ON DEVELOPMENT OF A GOLF
2
COURSE AT GREENBURY POINT CONSERVA-
3
TION AREA AT NAVAL SUPPORT ACTIVITY AN-
4
NAPOLIS, MARYLAND.
5
Section 2855 of the Military Construction Authoriza-
6 tion Act for Fiscal Year 2024 (Public Law 118–31) is
7 amended—
8
(1) in the section heading, by striking ‘‘LIMI-
9
TATION ON AUTHORITY TO MODIFY OR RE-
10
STRICT PUBLIC ACCESS TO’’ and inserting ‘‘PRO-
11
HIBITION
12
COURSE AT’’;
ON
DEVELOPMENT
OF
A
GOLF
13
(2) in subsection (a), by inserting ‘‘construct a
14
golf course on, or otherwise’’ before ‘‘modify or re-
15
strict’’; and
16
17
(3) in subsection (b), by adding at the end the
following new paragraph:
18
‘‘(3) restrictions related to environmental res-
19
toration of the Greenbury Point Conservation Area
20
in a manner consistent with existing law and regula-
21
tion.’’.
22
SEC. 2863. EXTENSION OF PROHIBITION ON JOINT USE OF
23
HOMESTEAD AIR RESERVE BASE WITH CIVIL
24
AVIATION.
25
Section 2874 of the Military Construction Authoriza-
26 tion Act for Fiscal Year 2023 (division B of Public Law
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1 117–263; 136 Stat. 3014), as amended by section 2808
2 of the Military Construction Authorization Act for Fiscal
3 Year 2025 (division B of Public Law 118–159), is further
4 amended by striking ‘‘September 30, 2028’’ and inserting
5 ‘‘September 30, 2034’’.
6
SEC. 2864. EXTENSION OF SUNSET FOR LAND CONVEYANCE,
7
SHARPE
8
FORNIA.
9
ARMY
DEPOT,
LATHROP,
CALI-
Section 2833(g) of the William M. (Mac) Thornberry
10 National Defense Authorization Act for Fiscal Year 2021
11 (Public Law 116–283) is amended by striking ‘‘five years’’
12 and inserting ‘‘10 years’’.
13
SEC. 2865. CLARIFICATION OF LAND CONVEYANCE, FORT
14
15
HOOD, TEXAS.
Section 2848(a) of the Military Construction Author-
16 ization Act for Fiscal Year 2005 (division B of Public Law
17 108–375; 118 Stat. 2140) is amended—
18
19
(1) by striking ‘‘the sole purpose’’ and inserting
‘‘the purpose’’; and
20
(2) by striking ‘‘an upper level (junior, senior,
21
and graduate) university’’ and inserting ‘‘a univer-
22
sity, which may include other activities that benefit
23
the community,’’.
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1
SEC. 2866. EXTENSION OF CERTAIN MILITARY LAND WITH-
2
DRAWALS AND CORRECTION OF CERTAIN
3
LAND DESCRIPTIONS.
4
5
(a) EXTENSION OF WITHDRAWAL AND RESERVATION
FOR MILITARY USE OF CERTAIN LANDS.—
6
(1) YUKON TRAINING AREA, DONNELLY TRAIN-
7
ING AREA EAST, AND DONNELLY TRAINING AREA
8
WEST, ALASKA, AND MCGREGOR RANGE, FORT BLISS,
9
NEW
10
Lands Withdrawal Act of 1999 (title XXX of Public
11
Law 106–65; 113 Stat. 892) is amended by striking
12
‘‘25 years after November 6, 2001’’ and inserting
13
‘‘on November 6, 2051’’.
14
MEXICO.—Section
(2) FORT
IRWIN
3015(a) of the Military
MILITARY
LANDS.—Section
15
2910(a) of the Fort Irwin Military Land Withdrawal
16
Act of 2001 (title XXIX of Public Law 107–107;
17
115 Stat. 1339) is amended by striking ‘‘25 years
18
after the date of the enactment of this Act’’ and in-
19
serting ‘‘on December 31, 2051’’.
20
(b) CORRECTION OF LAND DESCRIPTIONS.—
21
(1) MCGREGOR RANGE MILITARY LANDS.—Sec-
22
tion 3011(d)(2) of the Military Lands Withdrawal
23
Act of 1999 (title XXX of Public Law 106–65; 113
24
Stat. 892) is amended by striking ‘‘608,385 acres of
25
land’’ and inserting ‘‘approximately 605,401 acres of
26
land’’.
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1
(2) FORT
IRWIN
MILITARY
LANDS.—Section
2
2902(c) of the Fort Irwin Military Land Withdrawal
3
Act of 2001 (title XXIX of Public Law 107–107;
4
115 Stat. 1336) is amended—
5
(A) by striking ‘‘110,000 acres’’ and in-
6
serting ‘‘117,710 acres’’; and
7
(B) by striking ‘‘as ‘Proposed Withdrawal
8
Land’ on the map entitled ‘National Training
9
Center—Proposed Withdrawal of Public Lands
10
for Training Purposes’, dated September 21,
11
2000’’ and inserting ‘‘on the map entitled ‘Fort
12
Irwin Withdrawal’ dated February 28, 2025’’.
13
SEC. 2867. LAND CONVEYANCE, FORMER CURTIS BAY
14
DEPOT, MARYLAND.
15
(a) CONVEYANCE AUTHORIZED.—
16
(1) IN GENERAL.—The Administrator of Gen-
17
eral Services, in consultation with the Director of
18
the Defense Logistics Agency may convey to the
19
Maryland Economic Development Corporation (in
20
this section, referred to as ‘‘MEDCO’’), all right,
21
title, and interest of the United States in and to a
22
parcel of real property, including improvements
23
thereon, consisting of approximately 435.00 acres at
24
710 Ordnance Road, the former Curtis Bay Depot
25
for the purpose of economic development.
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1
(2) CONSULTATION WITH COAST GUARD.—In
2
carrying out the conveyance under this subsection,
3
the Administrator shall consult with the Secretary of
4
Homeland Security with respect to matters con-
5
cerning the equities of the Coast Guard in areas in
6
proximity to such parcel of real property.
7
(b) CONSIDERATION REQUIRED.—As consideration
8 for the conveyance under subsection (a), MEDCO shall
9 provide an amount that is equivalent to the fair market
10 value to the Federal Buildings Fund for the right, title,
11 and interest conveyed under such subsection, based on an
12 appraisal approved by the Administrator. The consider13 ation under this subsection may be provided by cash pay14 ment, in-kind regulatory closure, or a combination thereof,
15 at such time as the Administrator may require.
16
(c) PAYMENT OF COSTS OF CONVEYANCE.—
17
(1) PAYMENT REQUIRED.—The Administrator
18
may require MEDCO to cover all costs (except costs
19
for environmental remediation of the property) to be
20
incurred by the Administrator, or to reimburse the
21
Administrator for costs incurred by the Adminis-
22
trator, to carry out the conveyance under this sec-
23
tion, including survey costs, costs for environmental
24
documentation, and any other administrative costs
25
related to the conveyance. If amounts are collected
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1
from MEDCO in advance of the Administrator in-
2
curring the actual costs, and the amount collected
3
exceeds the costs actually incurred by the Adminis-
4
trator to carry out the conveyance, the Adminis-
5
trator shall refund the excess amount to MEDCO.
6
(2) TREATMENT
OF
AMOUNTS
RECEIVED.—
7
Amounts received under paragraph (1) as reim-
8
bursement for costs incurred by the Administrator
9
to carry out the conveyance under subsection (a)
10
shall remain available until expended.
11
(d) DESCRIPTION OF PROPERTY.—The exact acreage
12 and legal description of the property to be conveyed under
13 subsection (a) shall be determined by a survey satisfactory
14 to the Administrator.
15
(e) ADDITIONAL TERMS
AND
CONDITIONS.—The
16 conveyance under this section shall be subject to the fol17 lowing:
18
(1) The Administrator may require such addi-
19
tional terms and conditions in connection with the
20
conveyance under subsection (a) as the Adminis-
21
trator considers appropriate to protect the interests
22
of the United States.
23
(2) MEDCO shall execute a purchase and sale
24
agreement within one year of enactment of this Act.
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1
(3) The conveyance will be on an ‘‘as-is, where
2
is’’ basis via quitclaim deed subject to an access
3
easement to the United States Army Reserve Facil-
4
ity along the shoreline of Curtis Bay, and controls
5
in paragraph (5).
6
(4) The conveyance will be in compliance with
7
the Comprehensive Environmental Response, Com-
8
pensation and Liability Act (CERCLA) of 1980 (42
9
U.S.C. 9620(h)).
10
(5) The Federal Government shall incorporate
11
land use controls to satisfy CERCLA requirements
12
for the purpose of expediting disposition and subse-
13
quent redevelopment.
14
SEC. 2868. LAND CONVEYANCE, SIGSBEE PARK ANNEX,
15
16
NAVAL AIR STATION, KEY WEST, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
17 the Navy (in this section referred to as the ‘‘Secretary’’)
18 may convey some or all right, title and interest of the
19 United States in and to the parcels of real property via
20 sale or lease, consisting of approximately 19 acres and im21 provements thereon, located at Naval Air Station Key
22 West Sigsbee Park area, that are former sites of military
23 family housing supporting military personnel assigned to
24 the Naval Air Station Key West.
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1
(b) COMPETITIVE REQUIREMENT.—The Secretary
2 shall use competitive procedures for any land conveyance
3 authorized by subsection (a).
4
(c) CONSIDERATION.—The Secretary shall require as
5 consideration for any conveyance under subsection (a),
6 tendered by cash payment or in-kind consideration, an
7 amount equal to no less than the fair market value, as
8 determined by the Secretary, of the real property and any
9 improvements thereon.
10
(d) DESCRIPTION OF PARCELS.—The exact acreage
11 and legal description of the parcel(s) to be conveyed under
12 subsection (a) shall be determined by a survey that is sat13 isfactory to the Secretary. The cost of the survey shall be
14 borne by the recipient of the parcels.
15
(e) ADDITIONAL TERMS
AND
CONDITIONS.—The
16 Secretary may require such additional terms and condi17 tions in connection with the conveyance under subsection
18 (a) as the Secretary considers appropriate to protect the
19 interests of the United States.
20
(f) INAPPLICABILITY OF CERTAIN PROVISIONS OF
21 LAW.—Any conveyance of property under this section
22 shall not be subject to sections 2696 of title 10 and 11411
23 of title 42, United States Code.
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Subtitle E—Modifications to Un2
specified Minor Military Con3
struction
1
4
SEC. 2871. MODIFICATIONS TO CERTAIN CONGRESSIONAL
5
NOTIFICATIONS
6
CONSTRUCTION PROJECTS.
7
FOR
CERTAIN
MILITARY
Section 2805(b)(2) of title 10, United States Code,
8 is amended by striking ‘‘shall notify’’ and all that follows
9 through the period at the end and inserting the following:
10 ‘‘shall submit, in an electronic medium pursuant to section
11 480 of this title, to the appropriate committees of Con12 gress a notification of that decision not later than 90 days
13 after the date on which the Secretary concerned obligates
14 funds for the project. Such notification shall include a de15 scription of the project, a justification for the project, and
16 an estimation of the total cost of the project.’’.
17
SEC. 2872. MODIFICATION TO DOLLAR THRESHOLD FOR
18
NOTIFICATIONS
19
CONSTRUCTION PROJECTS.
20
(a) NOTIFICATION
FOR
FOR
CERTAIN
MILITARY
CERTAIN UNSPECIFIED
21 MINOR MILITARY CONSTRUCTION PROJECTS.—Section
22 2805(b)(2) of title 10, United States Code, as amended
23 by section 2871, is further amended by striking
24 ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’.
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1
(b) NOTIFICATION FOR CERTAIN ARCHITECTURAL
2
AND ENGINEERING SERVICES AND CONSTRUCTION DE-
3
SIGN.—Section 2807(b) of title 10, United States Code,
4 is amended by striking ‘‘$1,000,000’’ and inserting
5 ‘‘$5,000,000’’.
6
SEC. 2873. TRANSFER OF DEFENSE LABORATORY MOD-
7
ERNIZATION PROGRAM AUTHORITY TO PRO-
8
VISION OF LAW WITH RESPECT TO MILITARY
9
CONSTRUCTION PROJECTS FOR RESEARCH,
10
TEST, DEVELOPMENT, AND EVALUATION.
11
Subsection (g) of section 2805 of title 10, United
12 States Code, is—
13
14
(1) transferred to the end of section 2810 of
such title; and
15
16
(2) redesignated as subsection (f) of such section 2810.
17
SEC. 2874. AUTHORITY OF A SECRETARY CONCERNED TO
18
CARRY OUT CERTAIN UNSPECIFIED MINOR
19
MILITARY CONSTRUCTION PROJECTS.
20
Section 2815(a) of title 10, United States Code, is
21 amended—
22
(1) by inserting ‘‘, including unspecified minor
23
military construction projects not otherwise author-
24
ized by law,’’ after ‘‘military construction projects’’;
25
and
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1
(2) by striking ‘‘in accordance with’’ and all
2
that follows through the end of the subsection and
3
inserting the following: ‘‘in accordance with—
4
5
‘‘(1) section 2802 of this title (except as provided in subsection (e)); or
6
‘‘(2) section 2805 of this title.’’.
7
Subtitle F—Other Matters
8
SEC. 2881. EXTENSION OF DEPARTMENT OF THE ARMY
9
PILOT PROGRAM FOR DEVELOPMENT AND
10
USE OF ONLINE REAL ESTATE INVENTORY
11
TOOL.
12
Section 2866(h) of the Military Construction Author-
13 ization Act for Fiscal Year 2021 (division B of Public Law
14 116–283; 10 U.S.C. 7771 note prec.) is amended by strik15 ing ‘‘September 30, 2026’’ and inserting ‘‘September 30,
16 2030’’.
17
SEC. 2882. EXPANSION OF EXCEPTIONS TO RESTRICTION
18
ON DEVELOPMENT OF PUBLIC INFRASTRUC-
19
TURE IN CONNECTION WITH REALIGNMENT
20
OF MARINE CORPS FORCES IN ASIA PACIFIC
21
REGION.
22
Section 2844(b)(2) of the Military Construction Au-
23 thorization Act for Fiscal Year 2017 (division B of Public
24 Law 114–328) is amended by inserting ‘‘, including oper-
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1 ations and maintenance for the curation of archeological
2 and cultural artifacts’’ after ‘‘artifacts’’.
3
SEC. 2883. JOINT BASE FACILITY MANAGEMENT OF DE-
4
5
PARTMENT OF DEFENSE.
(a) WORKFORCE REASSESSMENT FOR JOINT BASE
6 FACILITY MANAGEMENT.—
7
(1) IN GENERAL.—Not later than 120 days
8
after the date of the enactment of this Act, the Sec-
9
retary of Defense shall submit to the Committees on
10
Armed Services of the Senate and the House of Rep-
11
resentatives a report containing a reassessment by
12
the Secretary of each military department regarding
13
the facility management workforce of joint bases.
14
15
(2) ELEMENTS.—Each reassessment required
under paragraph (1) shall include—
16
(A) an assessment of the workload require-
17
ments of facility management offices with re-
18
spect to the work required to maintain facilities
19
located on joint bases;
20
(B) an assessment of the number of work-
21
ers needed to satisfy the requirements described
22
in subparagraph (A);
23
(C) an identification of, including the rea-
24
sons for, any gaps between the number of work-
25
ers described in subparagraph (B) and the
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1
number of workers in the facility management
2
workforce on the date of such reassessment;
3
and
4
(D) a strategy on how to address such
5
gaps.
6
(b) BRIEFING ON JOINT BASE FUNDING TO SUP-
7
PORTED COMPONENTS.—Not later than 120 days after
8 the date of the enactment of this Act, the Secretary of
9 Defense shall provide to the Committees on Armed Serv10 ices of the Senate and the House of Representatives a
11 briefing on identifying the funding allocations for mainte12 nance of facilities of joint bases, and an assessment of any
13 risk to mission readiness resulting from such allocations.
14
(c) JOINT BASE DEFINED.—In this section, the term
15 ‘‘joint base’’ means a military installation (as defined in
16 section 2801 of title 10, United States Code) for which
17 more than one Secretary of a military department has ju18 risdiction.
19
SEC. 2884. DESIGNATION OF OFFICIAL RESPONSIBLE FOR
20
COORDINATION OF DEFENSE SITES WITHIN
21
AREA OF RESPONSIBILITY OF JOINT REGION
22
MARIANAS.
23
(a) IN GENERAL.—Not later than 90 days after the
24 date of the enactment of this Act, the Commander of Joint
25 Region Marianas shall designate an official to be respon-
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1549
1 sible for, in coordination with appropriate officials of the
2 military departments (as defined in section 101 of title
3 10, United States Code) and the United States Indo-Pa4 cific Command—
5
(1) coordinating Department of Defense-wide
6
efforts with respect to the management of defense
7
sites within the Joint Region Marianas area of re-
8
sponsibility;
9
(2) ensuring the continuity of such efforts at
10
such defense sites, including necessary infrastructure
11
investments; and
12
(3) ensuring clear and consistent communica-
13
tion to such Federal, State, and local officials with
14
respect to the needs and priorities of the Depart-
15
ment of Defense for such defense sites.
16
(b) SELECTION.—In making the designation under
17 subsection (a), the Commander of Joint Region Marianas
18 may appoint an individual with a significant background
19 and expertise in—
20
21
(1) relevant legal and technical aspects related
to land use or real estate issues; and
22
(2) working with officials at all levels of govern-
23
ment.
24
(c) NOTIFICATION.—Not later than 30 days after the
25 date on which the Commander of Joint Region Marianas
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1 designates an individual pursuant to subsection (a), the
2 Commander shall submit to the Committees on Armed
3 Services of the House of Representatives and the Senate
4 and appropriate officials of the defense sites within the
5 Joint Region Marianas area of responsibility a notification
6 that includes the name and contact information of such
7 individual.
8
(d) DEFENSE SITE DEFINED.—In this section, the
9 term ‘‘defense site’’ has the meaning given such term in
10 section 2710 of title 10, United States Code.
11
SEC. 2885. DESIGNATION OF RONALD REAGAN SPACE AND
12
MISSILE TEST RANGE AT KWAJALEIN ATOLL.
13
(a) DESIGNATION.—The site known as the ‘‘Ronald
14 Reagan Ballistic Missile Defense Test Site’’ located at
15 Kwajalein Atoll in the Republic of the Marshall Islands
16 shall on and after the date of the enactment of this Act
17 be known and designated as the ‘‘Ronald Reagan Space
18 and Missile Test Range’’.
19
(b) REFERENCES.—Any reference in any law, regula-
20 tion, map, document, paper, or other record of the United
21 States to the site specified in subsection (a) shall be
22 deemed to be a reference to the Ronald Reagan Space and
23 Missile Test Range.
24
(c) CONFORMING REPEAL.—Section 2887 of the
25 Military Construction Authorization Act for Fiscal Year
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1551
1 2001 (division B of Public Law 106–398; 114 Stat.
2 1654A–441) is repealed.
3
SEC. 2886. DESIGNATION OF CREECH AIR FORCE BASE AS A
4
REMOTE OR ISOLATED INSTALLATION.
5
The Secretary of Defense shall designate Creech Air
6 Force Base, Indian Springs, Nevada, as a remote or iso7 lated installation.
8
SEC. 2887. PILOT PROGRAM ON USE OF ADVANCED MANU-
9
FACTURING CONSTRUCTION TECHNOLOGIES
10
AT MILITARY INSTALLATIONS.
11
(a) ESTABLISHMENT.—Not later than 90 days after
12 the date of the enactment of this Act, the Secretary of
13 Defense, acting through each Secretary of a military de14 partment, shall carry out a pilot program relating to the
15 use of advanced manufacturing construction technologies
16 for military construction projects (including unspecified
17 minor military construction projects authorized under sec18 tion 2805 of title 10, United States Code) on military in19 stallations selected under subsection (d).
20
(b) DESIGNATION OF OFFICIAL.—The Secretary of
21 Defense shall designate an individual to administer the
22 pilot program established under this section. Such indi23 vidual shall establish guidelines and procedures with re24 spect to carrying out military construction projects using
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1 advanced manufacturing construction technologies under
2 the pilot program.
3
(c) ELEMENTS.—Under the pilot program, the Sec-
4 retary of Defense shall—
5
(1) assess the cost, schedule, and quality advan-
6
tages of advanced manufacturing construction tech-
7
nologies for military construction projects;
8
(2) identify and validate technical standards,
9
design templates, and contracting methods for use
10
under the pilot program;
11
(3) establish a Department-wide framework for
12
lessons learned, data sharing, and future adoption of
13
advanced manufacturing construction technologies
14
for military construction projects; and
15
(4) create a centralized catalog of advanced
16
manufacturing construction technologies that are
17
compliant with the requirements of the Unified Fa-
18
cilities Criteria/DoD Building Code (UFC 1–200–
19
01) and suitable for use across military installations.
20
(d) SELECTION OF INSTALLATIONS.—The Secretary
21 of Defense, in coordination with the official designated
22 under subsection (b), shall—
23
(1) select one or more military installations at
24
which to carry out the pilot program established
25
under this section; and
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1
(2) minimize any disruption to the operations of
2
any selected installation due to participation in the
3
pilot program.
4
(e) REPORTS.—
5
(1) INTERIM
REPORT.—Not
later than 18
6
months after the date of the enactment of this Act,
7
the Secretary of Defense shall submit to the con-
8
gressional defense committees a report on the imple-
9
mentation of the pilot program established under
10
this section, including—
11
(A) a summary of any barriers to such im-
12
plementation, including any statutory or re-
13
source limitations;
14
(B) a summary of the recommendations to
15
address any such barrier; and
16
(C) any other recommendation of the Sec-
17
retary for improving the pilot program.
18
(2) FINAL REPORT.—Not later than 180 days
19
after the termination date in subsection (f), the Sec-
20
retary shall submit to the congressional defense com-
21
mittees a report on the results of the pilot program.
22
(f) TERMINATION.—The authority to carry out the
23 pilot program under subsection (a) shall terminate on the
24 date that is five years after the date of the enactment of
25 this Act.
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1
(g) DEFINITIONS.—In this section:
2
(1) The term ‘‘advanced manufacturing’’ has
3
the meaning given in section 4841 of title 10,
4
United States Code.
5
(2) The term ‘‘military installation’’ has the
6
meaning given in section 2801 of title 10, United
7
States Code.
8
SEC. 2888. PILOT PROGRAM ON PROCUREMENT OF UTILITY
9
SERVICES FOR INSTALLATIONS OF THE DE-
10
PARTMENT
11
AREAWIDE CONTRACTS.
12
OF
DEFENSE
THROUGH
(a) PILOT PROGRAM REQUIRED.—Not later than 30
13 days after the date of the enactment of this Act, the Sec14 retary of Defense shall establish a pilot program (in this
15 section referred to as the ‘‘pilot program’’) for the pur16 poses of procuring utility services through an areawide
17 contract with a public utility provider for any utility serv18 ices that support energy resilience and mission readiness
19 of a military installation.
20
(b) DEADLINE FOR CONTRACTS.—Not later than 180
21 days after the date of the enactment of this Act, the Sec22 retary of each military department shall enter into at least
23 one areawide contract with a public utility provider pursu24 ant to the pilot program.
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1
(c) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
2 retary shall carry out the pilot program by entering into
3 one or more public-private partnerships through an
4 areawide contract entered into under the pilot program.
5
(d) COMPETITION.—In carrying out the pilot pro-
6 gram, the Secretary shall, in accordance with part 6.302
7 of the Federal Acquisition Regulation, develop—
8
(1) a justification and approval template to be
9
used by all acquisition commands of the military de-
10
partments when entering into an areawide contract
11
pursuant to the pilot program; and
12
(2) a process for granting waivers with respect
13
to the requirements of the Defense Federal Acquisi-
14
tion Regulation.
15
(e) TERMINATION DATE.—The authority of the Sec-
16 retary of Defense to carry out the pilot program shall ter17 minate on the date that is one year after the date on which
18 the Secretary commences the pilot program.
19
(f) REPORTING REQUIREMENT.—Not later than 90
20 days after the date on which the pilot program is termi21 nated pursuant to subsection (e), the Secretary of Defense
22 shall submit to the congressional defense committees a re23 port that includes—
24
(1) an analysis of the pilot program, including
25
any efficiencies, benefits, and cost-savings associated
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1
with utilizing areawide contracts under the pilot pro-
2
gram to procure utility services from a public utility
3
provider; and
4
(2) proposed solutions, including recommended
5
legislative text and modifications to the Federal Ac-
6
quisition Regulation or policy guidance of the De-
7
partment of Defense, to overcome any remaining
8
legal and policy hurdles that the Secretary identifies
9
as inhibiting adherence to and implementation of
10
section 2811(b) of the Military Construction Author-
11
ization Act for Fiscal Year 2024 (division B of Pub-
12
lic Law 118–31; 10 U.S.C. 2920 note).
13
(g) DEFINITIONS.—In this section:
14
(1) The terms ‘‘areawide contract’’, ‘‘energy re-
15
silience’’, and ‘‘utility service’’ have the meanings
16
given such terms in section 2811(b)(3) of such Act.
17
(2) The term ‘‘military installation’’ has the
18
meaning given such term in section 2801 of title 10,
19
United States Code.
20
SEC. 2889. CONSIDERATION OF MODULAR CONSTRUCTION
21
METHODS
22
PROJECTS WITH PROTECTIVE DESIGN ELE-
23
MENTS.
24
FOR
MILITARY
CONSTRUCTION
(a) IN GENERAL.—In determining the requirements
25 for a proposed military construction project with protec-
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1 tive design elements, the Secretary of Defense shall con2 sider the use of modular construction methods along with
3 other construction methods to determine the most effective
4 method for such military construction project to meet mis5 sion needs.
6
(b) REPORT.—Not later than 180 days after the date
7 of the enactment of this Act, the Secretary of Defense
8 shall submit to the Committees on Armed Services of the
9 House of Representatives and Senate a report on the use
10 of modular construction methods as described in sub11 section (a). Such report shall include the following:
12
(1) A summary of current Department of De-
13
fense policy and guidance governing the use of mod-
14
ular construction for military construction projects,
15
including modular construction methodologies with
16
protective design elements.
17
(2) A cost-benefit analysis that—
18
(A) compares modular construction meth-
19
ods to other construction methods for military
20
construction projects; and
21
(B) describes the effect of modular con-
22
struction methods on construction timelines and
23
life-cycle costs.
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1
(3) An identification of potential use cases for
2
modular construction methods and any limitations or
3
constraints on the use of such methods.
4
(c) DEFINITIONS.—In this section:
5
(1) The term ‘‘modular construction’’ means a
6
construction process in which components of a mili-
7
tary construction project are prefabricated off-site
8
under controlled conditions and then transported to
9
the site of such project for assembly.
10
(2) The term ‘‘protective design elements’’
11
means, with respect to a military construction
12
project, that such project requires use of materials
13
that have been blast hardened or ballistic hardened.
14
SEC. 2890. NOTICE RELATING TO CONTRACTS OR OTHER
15
AGREEMENTS TO ESTABLISH AN ENDURING
16
LOCATION IN A FOREIGN COUNTRY.
17
Not later than 30 days after the date on which the
18 Secretary of Defense, a Secretary of a military depart19 ment, or a combatant commander enters into a contract
20 or other agreement to establish an enduring location (as
21 described in section 2687a of title 10, United States Code)
22 in a foreign country for purposes of supporting members
23 of the Armed Forces in such foreign country, the Sec24 retary of Defense shall submit to appropriate congres25 sional defense committees a notification of such action.
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DIVISION C—DEPARTMENT OF
2
ENERGY NATIONAL SECURITY
3
AUTHORIZATIONS
AND
4
OTHER AUTHORIZATIONS
5 TITLE XXXI—DEPARTMENT OF
6
ENERGY NATIONAL SECURITY
7
PROGRAMS
1
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Organization and codification of provisions of law relating to atomic
energy defense activities.
Sec. 3112. Plutonium pit production capacity.
Sec. 3113. Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration.
Sec. 3114. Protection of certain nuclear facilities and assets from unmanned
aircraft.
Sec. 3115. Extension of authority for appointment of certain scientific, engineering, and technical personnel.
Sec. 3116. Notification of cost overruns for certain Department of Energy
projects.
Sec. 3117. Appropriate scoping of artificial intelligence research within the National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3121. Modification to reporting requirements with respect to nuclear weapons stockpile stewardship, management, and responsiveness
plan.
Sec. 3122. Assessment of the National Nuclear Security Administration Spent
Fuel Handling Recapitalization Project.
Sec. 3123. Department of Energy report on expansion of other transaction authorities for National Nuclear Security Administration.
Sec. 3124. Office of Environmental Management program-wide performance
metrics for reducing risk.
Sec. 3125. Office of Environmental Management integrated radioactive waste
disposal planning and optimization.
Sec. 3126. Prohibition relating to reclassification of high-level waste.
Sec. 3127. National security positions within the Department of Energy.
Sec. 3128. Consultation requirement with respect to transfer to private entities
of plutonium or plutonium materials; report.
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2
Subtitle A—National Security
Programs and Authorizations
3
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
1
4
5
TION.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
6 are hereby authorized to be appropriated to the Depart7 ment of Energy for fiscal year 2026 for the activities of
8 the National Nuclear Security Administration in carrying
9 out programs as specified in the funding table in section
10 4701.
11
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
12 From funds referred to in subsection (a) that are available
13 for carrying out plant projects, the Secretary of Energy
14 may carry out new plant projects for the National Nuclear
15 Security Administration as follows:
16
Project 26-D-511 MESA Photolithography Ca-
17
pability (MPC), Sandia National Laboratories, Albu-
18
querque, New Mexico, $40,000,000.
19
Project 26-D-510 Product Realization Infra-
20
structure for Stockpile Modernization, Lawrence
21
Livermore National Laboratory, Livermore, Cali-
22
fornia, $15,000,000.
23
Project
26-D-512
LANSCE
Modernization
24
Project (LAMP), Los Alamos National Laboratory,
25
Los Alamos, New Mexico, $20,000,000.
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1
Project 26-D-513 Combined Radiation Environ-
2
ments for Survivability Testing, Sandia National
3
Laboratories,
4
$52,248,000.
Albuquerque,
New
Mexico,
5
Project 26-D-514 NIF Enhanced Fusion Yield
6
Capability, Lawrence Livermore National Labora-
7
tory, Livermore, California, $26,000,000.
8
Project 26-D-530 East Side Office Building,
9
Knolls Atomic Power Laboratory, Niskayuna, New
10
York, $75,000,000.
11
12
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to
13 the Department of Energy for fiscal year 2026 for defense
14 environmental cleanup activities in carrying out programs
15 as specified in the funding table in section 4701.
16
17
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to
18 the Department of Energy for fiscal year 2026 for other
19 defense activities in carrying out programs as specified in
20 the funding table in section 4701.
21
22
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to
23 the Department of Energy for fiscal year 2026 for nuclear
24 energy as specified in the funding table in section 4701.
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Subtitle B—Program Authoriza2
tions, Restrictions, and Limita3
tions
1
4
SEC. 3111. ORGANIZATION AND CODIFICATION OF PROVI-
5
SIONS OF LAW RELATING TO ATOMIC EN-
6
ERGY DEFENSE ACTIVITIES.
7
(a) IN GENERAL.—Part VI of subtitle A of title 10,
8 United States Code, is amended by adding at the end the
9 following new subpart:
10
‘‘Subpart B—Atomic Energy Defense
‘‘CHAPTER 601—ORGANIZATIONAL MATTERS
‘‘6101. Definitions.
‘‘6102. Naval Nuclear Propulsion Program.
‘‘6103. Management structure for nuclear security enterprise.
‘‘6104. Monitoring of industrial base for nuclear weapons components, subsystems, and materials.
‘‘6105. Common financial reporting system for the nuclear security enterprise
.
‘‘6106. Restriction on licensing requirement for certain defense activities and facilities.
‘‘6107. Establishment of Center for Security Technology, Analysis, Response,
and Testing.
‘‘CHAPTER 602—NUCLEAR WEAPONS STOCKPILE MATTERS
‘‘SUBCHAPTER I—STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION
‘‘6111. Stockpile stewardship program.
‘‘6112. Portfolio management framework for National Nuclear Security Administration.
‘‘6113. Stockpile stewardship criteria.
‘‘6114. Nuclear weapons stockpile stewardship, management, and responsiveness plan.
‘‘6115. Major warhead refurbishment program.
‘‘6116. Stockpile management program.
‘‘6117. Annual assessments and reports to the President and Congress regarding the condition of the United States nuclear weapons stockpile.
‘‘6118. Form of certifications regarding the safety or reliability of the nuclear
weapons stockpile.
‘‘6119. Nuclear test ban readiness program.
‘‘6120. Requirements for specific request for new or modified nuclear weapons.
‘‘6121. Testing of nuclear weapons.
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‘‘6122. Manufacturing infrastructure for refabrication and certification of nuclear weapons stockpile.
‘‘6123. Acceleration of depleted uranium manufacturing processes.
‘‘6124. Reports on critical difficulties at national security laboratories and nuclear weapons production facilities.
‘‘6125. Selected acquisition reports and independent cost estimates and reviews
of certain programs and facilities.
‘‘6126. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile.
‘‘6127. Notification of certain regulations that impact the National Nuclear Security Administration.
‘‘6128. Plutonium pit production capacity.
‘‘6129. Certification of completion of milestones with respect to plutonium pit
aging .
‘‘6130. Authorization of workforce development and training partnership programs within National Nuclear Security Administration.
‘‘6131. Stockpile responsiveness program.
‘‘6132. Long-term plan for meeting national security requirements for
unencumbered uranium.
‘‘6133. Plan for domestic enrichment capability to satisfy Department of Defense uranium requirements.
‘‘6134. Incorporation of integrated surety architecture.
‘‘6135. W93 nuclear warhead acquisition process.
‘‘6136. Earned value management and technology readiness levels for life extension programs.
‘‘SUBCHAPTER II—TRITIUM
‘‘6141. Tritium production program.
‘‘6142. Tritium recycling.
‘‘6143. Modernization and consolidation of tritium recycling facilities.
‘‘CHAPTER 603—PROLIFERATION MATTERS
‘‘6151. Authority to conduct program relating to fissile materials.
‘‘6152. Completion of material protection, control, and accounting activities in
the Russian Federation.
‘‘6153. Disposition of weapons-usable plutonium at Savannah River Site.
‘‘6154. Disposition of surplus defense plutonium at Savannah River Site, Aiken,
South Carolina.
‘‘6155. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.
‘‘6156. Acceleration of replacement of cesium blood irradiation sources.
‘‘6157. International agreements on nuclear weapons data.
‘‘6158. International agreements on information on radioactive materials.
‘‘6159. Defense nuclear nonproliferation management plan.
‘‘6160. Information relating to certain defense nuclear nonproliferation programs.
‘‘6161. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation.
‘‘CHAPTER 604—DEFENSE ENVIRONMENTAL CLEANUP MATTERS
‘‘SUBCHAPTER I—DEFENSE ENVIRONMENTAL CLEANUP
‘‘6171. Defense environmental cleanup account.
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‘‘6172. Classification of defense environmental cleanup as capital asset projects
or operations activities.
‘‘6173. Requirement to develop future use plans for defense environmental
cleanup.
‘‘6174. Future-years defense environmental cleanup plan.
‘‘6175. Accelerated schedule for defense environmental cleanup activities.
‘‘6176. Defense environmental cleanup technology program.
‘‘6177. Other programs relating to technology development.
‘‘6178. Report on defense environmental cleanup expenditures.
‘‘6179. Public participation in planning for defense environmental cleanup.
‘‘6180. Policy of Department of Energy regarding future defense environmental
management matters.
‘‘6181. Estimation of costs of meeting defense environmental cleanup milestones
required by consent orders.
‘‘6182. Public statement of environmental liabilities.
‘‘SUBCHAPTER II—CLOSURE OF FACILITIES
‘‘6191. Reports in connection with permanent closures of Department of Energy
defense nuclear facilities.
‘‘6192. Defense site acceleration completion.
‘‘6193. Sandia National Laboratories.
‘‘6194. Plan for deactivation and decommissioning of nonoperational defense
nuclear facilities.
‘‘SUBCHAPTER III—HANFORD RESERVATION, WASHINGTON
‘‘6201. Safety measures for waste tanks at Hanford Nuclear Reservation.
‘‘6202. Hanford waste tank cleanup program reforms.
‘‘6203. River protection project.
‘‘6204. Notification regarding air release of radioactive or hazardous material.
‘‘SUBCHAPTER IV—SAVANNAH RIVER SITE, SOUTH CAROLINA
‘‘6211. Accelerated schedule for isolating high-level nuclear waste at the Defense Waste Processing Facility, Savannah River Site.
‘‘6212. Multi-year plan for clean-up.
‘‘6213. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
‘‘CHAPTER 605—SAFEGUARDS AND SECURITY MATTERS
‘‘SUBCHAPTER I—SAFEGUARDS AND SECURITY
‘‘6221. Prohibition on international inspections of Department of Energy facilities unless protection of restricted data is certified.
‘‘6222. Restrictions on access to national security laboratories by foreign visitors from sensitive countries.
‘‘6223. Background investigations of certain personnel at Department of Energy facilities.
‘‘6224. Department of Energy counterintelligence polygraph program.
‘‘6225. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs.
‘‘6226. Annual report and certification on status of security of atomic energy
defense facilities.
‘‘6227. Protection of certain nuclear facilities and assets from unmanned aircraft.
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‘‘6228. Reporting on penetrations of networks of contractors and subcontractors.
‘‘SUBCHAPTER II—CLASSIFIED INFORMATION
‘‘6231. Review of certain documents before declassification and release.
‘‘6232. Protection against inadvertent release of restricted data and formerly restricted data.
‘‘6233. Supplement to plan for declassification of restricted data and formerly
restricted data.
‘‘6234. Protection of classified information during laboratory-to-laboratory exchanges.
‘‘6235. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
‘‘CHAPTER 606—PERSONNEL MATTERS
‘‘SUBCHAPTER I—PERSONNEL MANAGEMENT
‘‘6241. Authority for appointment of certain scientific, engineering, and technical personnel.
‘‘6242. Whistleblower protection program.
‘‘6243. Department of Energy defense nuclear facilities workforce restructuring
plan.
‘‘6244. Authority to provide certificate of commendation to Department of Energy and contractor employees for exemplary service in stockpile stewardship and security.
‘‘SUBCHAPTER II—EDUCATION AND TRAINING
‘‘6251. Executive management training in Department of Energy.
‘‘6252. Stockpile stewardship recruitment and training program.
‘‘6253. Fellowship program for development of skills critical to the nuclear security enterprise.
‘‘SUBCHAPTER III—WORKER SAFETY
‘‘6261. Worker protection at nuclear weapons facilities.
‘‘6262. Safety oversight and enforcement at defense nuclear facilities.
‘‘6263. Program to monitor department of energy workers exposed to hazardous
and radioactive substances.
‘‘6264. Programs for persons who may have been exposed to radiation released
from Hanford Nuclear Reservation.
‘‘6265. Use of probabilistic risk assessment to ensure nuclear safety of facilities
of the Administration and the Office of Environmental Management.
‘‘6266. Notification of nuclear criticality and non-nuclear incidents.
‘‘CHAPTER 607—BUDGET AND FINANCIAL MANAGEMENT MATTERS
‘‘SUBCHAPTER I—RECURRING NATIONAL SECURITY AUTHORIZATION
PROVISIONS
‘‘6271. Definitions.
‘‘6272. Reprogramming.
‘‘6273. Minor construction projects.
‘‘6274. General plant projects.
‘‘6275. Limits on construction projects.
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‘‘6276. Fund transfer authority.
‘‘6277. Conceptual and construction design.
‘‘6278. Authority for emergency planning, design, and construction activities.
‘‘6279. Scope of authority to carry out plant projects.
‘‘6280. Availability of funds.
‘‘6281. Transfer of defense environmental cleanup funds.
‘‘6282. Transfer of weapons activities funds.
‘‘6283. Funds available for all national security programs of the Department of
Energy.
‘‘6284. Notification of cost overruns for certain Department of Energy projects.
‘‘6285. Life-cycle cost estimates of certain atomic energy defense capital assets.
‘‘6286. Use of best practices for capital asset projects and nuclear weapon life
extension programs.
‘‘6287. Matters relating to critical decisions.
‘‘6288. Unfunded priorities of the Administration.
‘‘6289. Review of adequacy of nuclear weapons budget.
‘‘6290. Improvements to cost estimates informing analyses of alternatives.
‘‘SUBCHAPTER II—PENALTIES
‘‘6301. Restriction on use of funds to pay penalties under environmental laws.
‘‘6302. Restriction on use of funds to pay penalties under Clean Air Act.
‘‘SUBCHAPTER III—OTHER MATTERS
‘‘6311. Reports on financial balances for atomic energy defense activities.
‘‘6312. Independent acquisition project reviews of capital assets acquisition
projects.
‘‘CHAPTER 608—ADMINISTRATIVE MATTERS
‘‘SUBCHAPTER I—CONTRACTS
‘‘6321. Costs not allowed under covered contracts.
‘‘6322. Prohibition and report on bonuses to contractors operating defense nuclear facilities.
‘‘6323. Assessments of emergency preparedness of defense nuclear facilities.
‘‘6324. Contractor liability for injury or loss of property arising out of atomic
weapons testing programs.
‘‘6325. Notice-and-wait requirement applicable to certain third-party financing
arrangements.
‘‘6326. Publication of contractor performance evaluations leading to award fees.
‘‘6327. Enhanced procurement authority to manage supply chain risk.
‘‘6328. Cost-benefit analyses for competition of management and operating contracts.
‘‘SUBCHAPTER II—RESEARCH AND DEVELOPMENT
‘‘6331. Laboratory-directed research and development programs.
‘‘6332. Laboratory-directed research and development.
‘‘6333. Funding for laboratory directed research and development.
‘‘6334. Charges to individual program, project, or activity.
‘‘6335. Limitations on use of funds for laboratory directed research and development purposes.
‘‘6336. Report on use of funds for certain research and development purposes.
‘‘6337. Critical technology partnerships and cooperative research and development centers.
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‘‘6338. University-based research collaboration program.
‘‘6339. Limitation on establishing an enduring bioassurance program within the
administration.
‘‘SUBCHAPTER III—FACILITIES MANAGEMENT
‘‘6351. Transfers of real property at certain Department of Energy facilities.
‘‘6352. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities.
‘‘6353. Activities at covered nuclear weapons facilities.
‘‘6354. Pilot program relating to use of proceeds of disposal or utilization of
certain department of energy assets.
‘‘6355. Department of Energy energy parks program.
‘‘6356. Authority to use passenger carriers for contractor commuting.
‘‘SUBCHAPTER IV—OTHER MATTERS
‘‘6361. Payment of costs of operation and maintenance of infrastructure at Nevada National Security Site.
‘‘6362. University-based defense nuclear policy collaboration program.
1
‘‘CHAPTER 601—ORGANIZATIONAL
2
MATTERS
3 ‘‘§ 6101. Definitions
4
‘‘Except as otherwise provided, in this subpart:
5
6
‘‘(1) The term ‘Administration’ means the National Nuclear Security Administration.
7
8
‘‘(2) The term ‘Administrator’ means the Administrator for Nuclear Security.
9
‘‘(3) The term ‘classified information’ means
10
any information that has been determined pursuant
11
to Executive Order No. 12333 of December 4, 1981
12
(50 U.S.C. 3001 note), Executive Order No. 12958
13
of April 17, 1995 (50 U.S.C. 3161 note), Executive
14
Order No. 13526 of December 29, 2009 (50 U.S.C.
15
3161 note), or successor orders, to require protec-
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1
tion against unauthorized disclosure and that is so
2
designated.
3
‘‘(4) The terms ‘defense nuclear facility’ and
4
‘Department of Energy defense nuclear facility’ have
5
the meaning given the term ‘Department of Energy
6
defense nuclear facility’ in section 318 of the Atomic
7
Energy Act of 1954 (42 U.S.C. 2286g).
8
‘‘(5) The term ‘nuclear security enterprise’
9
means the physical facilities, technology, and human
10
capital of the national security laboratories and the
11
nuclear weapons production facilities.
12
13
‘‘(6) The term ‘national security laboratory’
means any of the following:
14
‘‘(A) Los Alamos National Laboratory, Los
15
Alamos, New Mexico.
16
‘‘(B) Sandia National Laboratories, Albu-
17
querque, New Mexico, and Livermore, Cali-
18
fornia.
19
‘‘(C) Lawrence Livermore National Lab-
20
oratory, Livermore, California.
21
‘‘(7) The term ‘Nuclear Weapons Council’
22
means the Nuclear Weapons Council established by
23
section 179.
24
25
‘‘(8) The term ‘nuclear weapons production facility’ means any of the following:
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1
‘‘(A) The Kansas City National Security
2
Campus, Kansas City, Missouri.
3
‘‘(B) The Pantex Plant, Amarillo, Texas.
4
‘‘(C) The Y–12 National Security Com-
5
plex, Oak Ridge, Tennessee.
6
‘‘(D) The Savannah River Site, Aiken,
7
South Carolina.
8
‘‘(E) The Nevada National Security Site,
9
Nevada.
10
‘‘(F) Any facility of the Department of En-
11
ergy that the Secretary of Energy, in consulta-
12
tion with the Administrator and Congress, de-
13
termines to be consistent with the mission of
14
the Administration.
15
‘‘(9) The term ‘Restricted Data’ has the mean-
16
ing given such term in section 11 y. of the Atomic
17
Energy Act of 1954 (42 U.S.C. 2014(y)).
18 ‘‘§ 6102. Naval Nuclear Propulsion Program
19
‘‘The provisions of Executive Order Numbered
20 12344, dated February 1, 1982, pertaining to the Naval
21 Nuclear Propulsion Program, shall remain in force until
22 changed by law.
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1 ‘‘§ 6103. Management structure for nuclear security
2
3
enterprise
‘‘(a) IN GENERAL.—The Administrator shall estab-
4 lish a management structure for the nuclear security en5 terprise in accordance with the National Nuclear Security
6 Administration Act (50 U.S.C. 2401 et seq.).
7
8
‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.—
9
‘‘(1) The Administrator shall establish a council
10
to be known as the ‘National Nuclear Security Ad-
11
ministration Council’. The Council may advise the
12
Administrator on—
13
‘‘(A) scientific and technical issues relating
14
to policy matters;
15
‘‘(B) operational concerns;
16
‘‘(C) strategic planning;
17
‘‘(D) the development of priorities relating
18
to the mission and operations of the Adminis-
19
tration and the nuclear security enterprise; and
20
‘‘(E) such other matters as the Adminis-
21
trator determines appropriate.
22
‘‘(2) The Council shall be composed of the di-
23
rectors of the national security laboratories and the
24
nuclear weapons production facilities.
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1
‘‘(3) The Council may provide the Adminis-
2
trator or the Secretary of Energy recommenda-
3
tions—
4
‘‘(A) for improving the governance, man-
5
agement, effectiveness, and efficiency of the Ad-
6
ministration; and
7
‘‘(B) relating to any other matter in ac-
8
cordance with paragraph (1).
9
‘‘(4) Not later than 60 days after the date on
10
which any recommendation under paragraph (3) is
11
received, the Administrator or the Secretary, as the
12
case may be, shall respond to the Council with re-
13
spect to whether such recommendation will be imple-
14
mented and the reasoning for implementing or not
15
implementing such recommendation.
16
‘‘(c) RULE OF CONSTRUCTION.—This section may
17 not be construed as affecting the authority of the Sec18 retary of Energy, in carrying out national security pro19 grams, with respect to the management, planning, and
20 oversight of the Administration or as affecting the delega21 tion by the Secretary of authority to carry out such activi22 ties, as set forth under subsection (a) of section 4102 of
23 the Atomic Energy Defense Act (50 U.S.C. 2512) as it
24 existed before the date of the enactment of the National
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1 Defense Authorization Act for Fiscal Year 2013 (Public
2 Law 112–239; 126 Stat. 2169).
3 ‘‘§ 6104. Monitoring of industrial base for nuclear
4
weapons components, subsystems, and
5
materials
6
‘‘(a) DESIGNATION OF OFFICIAL.—Not later than
7 March 1, 2021, the Administrator shall designate a senior
8 official within the Administration to be responsible for
9 monitoring the industrial base that supports the nuclear
10 weapons components, subsystems, and materials of the
11 Administration, including—
12
13
‘‘(1) the consistent monitoring of the current
status of the industrial base;
14
15
‘‘(2) tracking of industrial base issues over
time; and
16
‘‘(3) proactively identifying gaps or risks in spe-
17
cific areas relating to the industrial base.
18
‘‘(b) PROVISION
OF
RESOURCES.—The Adminis-
19 trator shall ensure that the official designated under sub20 section (a) is provided with resources sufficient to conduct
21 the monitoring required by that subsection.
22
‘‘(c) CONSULTATIONS.—The Administrator, acting
23 through the official designated under subsection (a), shall,
24 to the extent practicable and beneficial, in conducting the
25 monitoring required by that subsection, consult with—
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1
‘‘(1) officials of the Department of Defense who
2
are members of the Nuclear Weapons Council estab-
3
lished under section 179;
4
5
‘‘(2) officials of the Department of Defense responsible for the defense industrial base; and
6
‘‘(3) other components of the Department of
7
Energy that rely on similar components, subsystems,
8
or materials.
9
‘‘(d) BRIEFINGS.—
10
‘‘(1) INITIAL BRIEFING.—Not later than April
11
1, 2021, the Administrator shall provide to the Com-
12
mittees on Armed Services of the Senate and the
13
House of Representatives a briefing on the designa-
14
tion of the official required by subsection (a), includ-
15
ing on—
16
‘‘(A) the responsibilities assigned to that
17
official; and
18
‘‘(B) the plan for providing that official
19
with resources sufficient to conduct the moni-
20
toring required by subsection (a).
21
‘‘(2) SUBSEQUENT BRIEFINGS.—Not later than
22
April 1, 2022, and annually thereafter through
23
2024, the Administrator shall provide to the Com-
24
mittees on Armed Services of the Senate and the
25
House of Representatives a briefing on activities car-
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1
ried out under this section that includes an assess-
2
ment of the progress made by the official designated
3
under subsection (a) in conducting the monitoring
4
required by that subsection.
5
‘‘(e) REPORTS.—The Administrator, acting through
6 the official designated under subsection (a), shall submit
7 to the Committees on Armed Services of the Senate and
8 the House of Representatives, contemporaneously with
9 each briefing required by subsection (d)(2), a report—
10
‘‘(1) identifying actual or potential risks to or
11
specific gaps in any element of the industrial base
12
that supports the nuclear weapons components, sub-
13
systems, or materials of the Administration;
14
‘‘(2) describing the actions the Administration
15
is taking to further assess, characterize, and
16
prioritize such risks and gaps;
17
‘‘(3) describing mitigating actions, if any, the
18
Administration has underway or planned to mitigate
19
any such risks or gaps;
20
21
‘‘(4) setting forth the anticipated timelines and
resources needed for such mitigating actions; and
22
‘‘(5) describing the nature of any coordination
23
with or burden sharing by other departments or
24
agencies of the Federal Government or the private
25
sector to address such risks and gaps.
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1 ‘‘§ 6105. Common financial reporting system for the
2
3
nuclear security enterprise
‘‘(a) IN GENERAL.—By not later than four years
4 after the date of the enactment of the National Defense
5 Authorization Act for Fiscal Year 2017 (Public Law 114–
6 328), the Administrator shall, in consultation with the Na7 tional Nuclear Security Administration Council estab8 lished by section 6103, complete, to the extent practicable,
9 the implementation of a common financial reporting sys10 tem for the nuclear security enterprise.
11
‘‘(b) ELEMENTS.—The common financial reporting
12 system implemented pursuant to subsection (a) shall in13 clude the following:
14
‘‘(1) Common data reporting requirements for
15
work performed using funds of the Administration,
16
including reporting of financial data by standardized
17
labor categories, labor hours, functional elements,
18
and cost elements.
19
‘‘(2) A common work breakdown structure for
20
the Administration that aligns contractor work
21
breakdown structures with the budget structure of
22
the Administration.
23
‘‘(3) Definitions and methodologies for identi-
24
fying and reporting costs for programs of records
25
and base capabilities within the Administration.
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1
‘‘(4) A capability to leverage, where appro-
2
priate, the Defense Cost Analysis Resource Center
3
of the Office of Cost Assessment and Program Eval-
4
uation of the Department of Defense using historical
5
costing data by the Administration.
6
‘‘(c) REPORTS.—
7
‘‘(1) IN GENERAL.—Not later than March 1,
8
2017, and annually thereafter, the Administrator
9
shall, in consultation with the National Nuclear Se-
10
curity Administration Council, submit to the con-
11
gressional defense committees a report on progress
12
of the Administration toward implementing a com-
13
mon financial reporting system for the nuclear secu-
14
rity enterprise as required by subsection (a).
15
16
‘‘(2) REPORT.—Each report under this subsection shall include the following:
17
‘‘(A) A summary of activities, accomplish-
18
ments, challenges, benefits, and costs related to
19
the implementation of a common financial re-
20
porting system for the nuclear security enter-
21
prise during the year preceding the year in
22
which such report is submitted.
23
‘‘(B) A summary of planned activities in
24
connection with the implementation of a com-
25
mon financial reporting system for the nuclear
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1
security enterprise in the year in which such re-
2
port is submitted.
3
‘‘(C) A description of any anticipated
4
modifications to the schedule for implementing
5
a common financial reporting system for the
6
nuclear security enterprise, including an update
7
on possible risks, challenges, and costs related
8
to such implementation.
9
‘‘(3) TERMINATION.—No report is required
10
under this subsection after the completion of the im-
11
plementation of a common financial reporting sys-
12
tem for the nuclear security enterprise.
13 ‘‘§ 6106. Restriction on licensing requirement for cer14
tain defense activities and facilities
15
‘‘None of the funds authorized to be appropriated by
16 the Department of Energy National Security and Military
17 Applications of Nuclear Energy Authorization Act of 1981
18 (Public Law 96–540; 94 Stat. 3197) or any other Act may
19 be used for any purpose related to licensing of any defense
20 activity or facility of the Department of Energy by the
21 Nuclear Regulatory Commission.
22 ‘‘§ 6107. Establishment of Center for Security Tech23
24
nology, Analysis, Response, and Testing
‘‘(a) ESTABLISHMENT.—The Administrator for Nu-
25 clear Security shall establish within the nuclear security
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1 enterprise a Center for Security Technology, Analysis, Re2 sponse, and Testing.
3
‘‘(b) DUTIES.—The center established under sub-
4 section (a) shall carry out the following:
5
‘‘(1) Provide to the Administrator, the Chief of
6
Defense Nuclear Security, and the management and
7
operating contractors of the nuclear security enter-
8
prise a wide range of objective expertise on security
9
technologies, systems, analysis, testing, and response
10
forces.
11
‘‘(2) Assist the Administrator in developing
12
standards, requirements, analysis methods, and test-
13
ing criteria with respect to security.
14
15
‘‘(3) Collect, analyze, and distribute lessons
learned with respect to security.
16
17
‘‘(4) Support inspections and oversight activities with respect to security.
18
19
‘‘(5) Promote professional development and
training for security professionals.
20
‘‘(6) Provide for advance and bulk procurement
21
for security-related acquisitions that affect multiple
22
facilities of the nuclear security enterprise.
23
‘‘(7) Advocate for continual improvement and
24
security excellence throughout the nuclear security
25
enterprise.
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1
‘‘(8) Such other duties as the Administrator
2
may assign.
3
‘‘CHAPTER 602—NUCLEAR WEAPONS
4
STOCKPILE MATTERS
5
‘‘SUBCHAPTER I—STOCKPILE STEWARDSHIP
6
AND WEAPONS PRODUCTION
7 ‘‘§ 6111. Stockpile stewardship program
8
‘‘(a) ESTABLISHMENT.—The Secretary of Energy,
9 acting through the Administrator, shall establish a stew10 ardship program to ensure—
11
‘‘(1) the preservation of the core intellectual
12
and technical competencies of the United States in
13
nuclear weapons, including weapons design, system
14
integration, manufacturing, security, use control, re-
15
liability assessment, and certification; and
16
‘‘(2) that the nuclear weapons stockpile is safe,
17
secure, and reliable without the use of underground
18
nuclear weapons testing.
19
‘‘(b) PROGRAM ELEMENTS.—The program shall in-
20 clude the following:
21
‘‘(1) An increased level of effort for the con-
22
struction of new facilities and the modernization of
23
existing facilities with production and manufacturing
24
capabilities that are necessary to support the deter-
25
rence of strategic attacks against the United States
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1
by maintaining and enhancing the performance, reli-
2
ability, and security of the United States nuclear
3
weapons stockpile, including—
4
‘‘(A) the nuclear weapons production facili-
5
ties; and
6
‘‘(B) production and manufacturing capa-
7
bilities resident in the national security labora-
8
tories.
9
‘‘(2) Support for advanced computational capa-
10
bilities to enhance the simulation and modeling ca-
11
pabilities of the United States with respect to the
12
performance over time of nuclear weapons.
13
‘‘(3) Support for above-ground experimental
14
programs, such as hydrotesting, high-energy lasers,
15
inertial confinement fusion, plasma physics, and ma-
16
terials research.
17
‘‘(4) Support for the modernization of facilities
18
and projects that contribute to the experimental ca-
19
pabilities of the United States that support the
20
sustainment and modernization of the United States
21
nuclear weapons stockpile and the capabilities re-
22
quired to assess nuclear weapons effects.
23
‘‘(5) Support for the use of, and experiments
24
facilitated by, the advanced experimental facilities of
25
the United States, including—
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1
‘‘(A) the National Ignition Facility at Law-
2
rence Livermore National Laboratory;
3
‘‘(B) the Dual Axis Radiographic Hydro-
4
dynamic Test Facility at Los Alamos National
5
Laboratory;
6
‘‘(C) the Z Machine at Sandia National
7
Laboratories; and
8
‘‘(D) the experimental facilities at the Ne-
9
vada National Security Site.
10 ‘‘§ 6112. Portfolio management framework for Na11
12
tional Nuclear Security Administration
‘‘(a) IN GENERAL.—Not later than one year after the
13 date of the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2022 (Public Law 117–81), the
15 Administrator shall—
16
‘‘(1) in consultation with the Nuclear Weapons
17
Council established under section 179, develop and
18
implement a portfolio management framework for
19
the nuclear security enterprise that—
20
‘‘(A) defines the Administration’s portfolio
21
of nuclear weapons stockpile and infrastructure
22
maintenance and modernization programs;
23
‘‘(B) establishes a portfolio governance
24
structure, including portfolio-level selection cri-
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1
teria, prioritization criteria, and performance
2
metrics;
3
‘‘(C) outlines the approach of the Adminis-
4
tration to managing that portfolio; and
5
‘‘(D) incorporates the leading practices
6
identified by the Comptroller General of the
7
United States in the report titled ‘‘Nuclear Se-
8
curity Enterprise: NNSA Should Use Portfolio
9
Management Leading Practices to Support
10
Modernization
11
dated June 2021; and
12
‘‘(2) complete an integrated, comprehensive as-
13
sessment of the portfolio management capabilities
14
required to execute the weapons activities portfolio
15
of the Administration.
16
‘‘(b) BRIEFING REQUIREMENT.—Not later than June
Efforts’’
(GAO-21-398)
and
17 1, 2022, the Administrator shall provide to the congres18 sional defense committees a briefing on—
19
‘‘(1) the progress of the Administrator in devel-
20
oping the framework described in paragraph (1) of
21
subsection (a) and completing the assessment re-
22
quired by paragraph (2) of that subsection; and
23
‘‘(2) the plans of the Administrator for imple-
24
menting the recommendations of the Comptroller
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1
General in the report referred to in paragraph
2
(1)(D) of that subsection.
3 ‘‘§ 6113. Stockpile stewardship criteria
4
‘‘(a) REQUIREMENT FOR CRITERIA.—The Secretary
5 of Energy shall develop clear and specific criteria for judg6 ing whether the science-based tools being used by the De7 partment of Energy for determining the safety and reli8 ability of the nuclear weapons stockpile are performing in
9 a manner that will provide an adequate degree of certainty
10 that the stockpile is safe and reliable.
11
12
‘‘(b) COORDINATION WITH SECRETARY
OF
DE-
FENSE.—The Secretary of Energy, in developing the cri-
13 teria required by subsection (a), shall coordinate with the
14 Secretary of Defense.
15 ‘‘§ 6114. Nuclear weapons stockpile stewardship,
16
17
management, and responsiveness plan
‘‘(a) PLAN REQUIREMENT.—The Administrator, in
18 consultation with the Secretary of Defense and other ap19 propriate officials of the departments and agencies of the
20 Federal Government, shall develop and annually update
21 a plan for sustaining the nuclear weapons stockpile. The
22 plan shall cover, at a minimum, stockpile stewardship,
23 stockpile management, stockpile responsiveness, stockpile
24 surveillance, program direction, infrastructure moderniza25 tion, human capital, and nuclear test readiness. The plan
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1 shall be consistent with the programmatic and technical
2 requirements of the most recent annual Nuclear Weapons
3 Stockpile Memorandum.
4
‘‘(b) SUBMISSIONS TO CONGRESS.—
5
‘‘(1) In accordance with subsection (c), not
6
later than March 15 of each even-numbered year,
7
the Administrator shall submit to the congressional
8
defense committees a summary of the plan developed
9
under subsection (a).
10
‘‘(2) In accordance with subsection (d), not
11
later than March 15 of each odd-numbered year, the
12
Administrator shall submit to the congressional de-
13
fense committees a detailed report on the plan devel-
14
oped under subsection (a).
15
‘‘(3) The summaries and reports required by
16
this subsection shall be submitted in unclassified
17
form, but may include a classified annex.
18
‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—
19 Each summary of the plan submitted under subsection
20 (b)(1) shall include, at a minimum, the following:
21
‘‘(1) A summary of the status of the nuclear
22
weapons stockpile, including the number and age of
23
warheads (including both active and inactive) for
24
each warhead type.
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1
‘‘(2) A summary of the status, plans, budgets,
2
and schedules for warhead life extension programs
3
and any other programs to modify, update, or re-
4
place warhead types.
5
‘‘(3) A summary of the methods and informa-
6
tion used to determine that the nuclear weapons
7
stockpile is safe and reliable, as well as the relation-
8
ship of science-based tools to the collection and in-
9
terpretation of such information.
10
‘‘(4) A summary of the status of the nuclear se-
11
curity enterprise, including programs and plans for
12
infrastructure modernization and retention of human
13
capital, as well as associated budgets and schedules.
14
‘‘(5) A summary of the status, plans, and budg-
15
ets for carrying out the stockpile responsiveness pro-
16
gram under section 6131.
17
‘‘(6) A summary of the plan regarding the re-
18
search and development, deployment, and lifecycle
19
sustainment of technologies described in subsection
20
(d)(7).
21
‘‘(7) A summary of the assessment under sub-
22
section (d)(8) regarding the execution of programs
23
with current and projected budgets and any associ-
24
ated risks.
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1
‘‘(8) Identification of any modifications or up-
2
dates to the plan since the previous summary or de-
3
tailed report was submitted under subsection (b).
4
‘‘(9) Such other information as the Adminis-
5
trator considers appropriate.
6
‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.—
7 Each detailed report on the plan submitted under sub8 section (b)(2) shall include, at a minimum, the following:
9
‘‘(1) With respect to stockpile stewardship,
10
stockpile management, and stockpile responsive-
11
ness—
12
‘‘(A) the status of the nuclear weapons
13
stockpile, including the number and age of war-
14
heads (including both active and inactive) for
15
each warhead type;
16
‘‘(B) for each five-year period occurring
17
during the period beginning on the date of the
18
report and ending on the date that is 20 years
19
after the date of the report—
20
‘‘(i) the planned number of nuclear
21
warheads (including active and inactive)
22
for each warhead type in the nuclear weap-
23
ons stockpile; and
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1
‘‘(ii) the past and projected future
2
total lifecycle cost of each type of nuclear
3
weapon;
4
‘‘(C) the status, plans, budgets, and sched-
5
ules for warhead life extension programs and
6
any other programs to modify, update, or re-
7
place warhead types;
8
‘‘(D) a description of the process by which
9
the Administrator assesses the lifetimes, and re-
10
quirements for life extension or replacement, of
11
the nuclear and non-nuclear components of the
12
warheads (including active and inactive war-
13
heads) in the nuclear weapons stockpile;
14
‘‘(E) a description of the process used in
15
recertifying the safety, security, and reliability
16
of each warhead type in the nuclear weapons
17
stockpile;
18
‘‘(F) any concerns of the Administrator
19
that would affect the ability of the Adminis-
20
trator to recertify the safety, security, or reli-
21
ability of warheads in the nuclear weapons
22
stockpile (including active and inactive war-
23
heads);
24
‘‘(G) mechanisms to provide for the manu-
25
facture, maintenance, and modernization of
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1
each warhead type in the nuclear weapons
2
stockpile, as needed;
3
‘‘(H) mechanisms to expedite the collection
4
of information necessary for carrying out the
5
stockpile management program required by sec-
6
tion 6116, including information relating to the
7
aging of materials and components, new manu-
8
facturing techniques, and the replacement or
9
substitution of materials;
10
‘‘(I) mechanisms to ensure the appropriate
11
assignment of roles and missions for each na-
12
tional security laboratory and nuclear weapons
13
production facility, including mechanisms for
14
allocation of workload, mechanisms to ensure
15
the carrying out of appropriate modernization
16
activities, and mechanisms to ensure the reten-
17
tion of skilled personnel;
18
‘‘(J) mechanisms to ensure that each na-
19
tional security laboratory has full and complete
20
access to all weapons data to enable a rigorous
21
peer-review process to support the annual as-
22
sessment of the condition of the nuclear weap-
23
ons stockpile required under section 6117;
24
‘‘(K) mechanisms for allocating funds for
25
activities under the stockpile management pro-
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1
gram required by section 6116, including allo-
2
cations of funds by weapon type and facility;
3
‘‘(L) for each of the five fiscal years fol-
4
lowing the fiscal year in which the report is
5
submitted, an identification of the funds needed
6
to carry out the program required under section
7
6116;
8
‘‘(M) the status, plans, activities, budgets,
9
and schedules for carrying out the stockpile re-
10
sponsiveness program under section 6131;
11
‘‘(N) for each of the five fiscal years fol-
12
lowing the fiscal year in which the report is
13
submitted, an identification of the funds needed
14
to carry out the program required under section
15
6131; and
16
‘‘(O) as required, when assessing and de-
17
veloping prototype nuclear weapons of foreign
18
countries, a report from the directors of the na-
19
tional security laboratories on the need and
20
plan for such assessment and development that
21
includes separate comments on the plan from
22
the Secretary of Energy and the Director of
23
National Intelligence.
24
‘‘(2) With respect to science-based tools—
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‘‘(A) a description of the information need-
2
ed to determine that the nuclear weapons stock-
3
pile is safe and reliable;
4
‘‘(B) for each science-based tool used to
5
collect information described in subparagraph
6
(A), the relationship between such tool and
7
such information and the effectiveness of such
8
tool in providing such information based on the
9
criteria developed pursuant to section 6113(a);
10
and
11
‘‘(C) the criteria developed under section
12
6113(a) (including any updates to such cri-
13
teria).
14
‘‘(3) An assessment of the stockpile stewardship
15
program under section 6111(a) by the Adminis-
16
trator, in consultation with the directors of the na-
17
tional security laboratories, which shall set forth—
18
‘‘(A) an identification and description of—
19
‘‘(i) any key technical challenges to
20
the stockpile stewardship program; and
21
‘‘(ii) the strategies to address such
22
challenges without the use of nuclear test-
23
ing;
24
‘‘(B) a strategy for using the science-based
25
tools (including advanced simulation and com-
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1
puting capabilities) of each national security
2
laboratory to ensure that the nuclear weapons
3
stockpile is safe, secure, and reliable without
4
the use of nuclear testing;
5
‘‘(C) an assessment of the science-based
6
tools (including advanced simulation and com-
7
puting capabilities) of each national security
8
laboratory that exist at the time of the assess-
9
ment compared with the science-based tools ex-
10
pected to exist during the period covered by the
11
future-years nuclear security program; and
12
‘‘(D) an assessment of the core scientific
13
and technical competencies required to achieve
14
the objectives of the stockpile stewardship pro-
15
gram and other weapons activities and weap-
16
ons-related activities of the Administration, in-
17
cluding—
18
‘‘(i) the number of scientists, engi-
19
neers, and technicians, by discipline, re-
20
quired to maintain such competencies; and
21
‘‘(ii) a description of any shortage of
22
such individuals that exists at the time of
23
the assessment compared with any short-
24
age expected to exist during the period cov-
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ered by the future-years nuclear security
2
program.
3
4
‘‘(4) With respect to the nuclear security infrastructure—
5
‘‘(A) a description of the modernization
6
and refurbishment measures the Administrator
7
determines necessary to meet the requirements
8
prescribed in—
9
‘‘(i) the national security strategy of
10
the United States as set forth in the most
11
recent national security strategy report of
12
the President under section 108 of the Na-
13
tional Security Act of 1947 (50 U.S.C.
14
3043) if such strategy has been submitted
15
as of the date of the plan;
16
17
‘‘(ii) the most recent national defense
strategy as of the date of the plan; and
18
‘‘(iii) the most recent Nuclear Posture
19
Review as of the date of the plan;
20
‘‘(B) a schedule for implementing the
21
measures described under subparagraph (A)
22
during the 10-year period following the date of
23
the plan;
24
‘‘(C) the estimated levels of annual funds
25
the Administrator determines necessary to
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1
carry out the measures described under sub-
2
paragraph (A), including a discussion of the cri-
3
teria, evidence, and strategies on which such es-
4
timated levels of annual funds are based; and
5
‘‘(D)(i) a description of—
6
‘‘(I) the metrics (based on industry
7
best practices) used by the Administrator
8
to determine the infrastructure deferred
9
maintenance and repair needs of the nu-
10
clear security enterprise; and
11
‘‘(II) the percentage of replacement
12
plant value being spent on maintenance
13
and repair needs of the nuclear security
14
enterprise; and
15
‘‘(ii) an explanation of whether the annual
16
spending on such needs complies with the rec-
17
ommendation of the National Research Council
18
of the National Academies of Sciences, Engi-
19
neering, and Medicine that such spending be in
20
an amount equal to four percent of the replace-
21
ment plant value, and, if not, the reasons for
22
such noncompliance and a plan for how the Ad-
23
ministrator will ensure facilities of the nuclear
24
security enterprise are being properly sustained.
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1
2
‘‘(5) With respect to the nuclear test readiness
of the United States—
3
‘‘(A) an estimate of the period of time that
4
would be necessary for the Administrator to
5
conduct an underground test of a nuclear weap-
6
on once directed by the President to conduct
7
such a test;
8
‘‘(B) a description of the level of test read-
9
iness that the Administrator, in consultation
10
with the Secretary of Defense, determines to be
11
appropriate;
12
‘‘(C) a list and description of the workforce
13
skills and capabilities that are essential to car-
14
rying out an underground nuclear test at the
15
Nevada National Security Site;
16
‘‘(D) a list and description of the infra-
17
structure and physical plants that are essential
18
to carrying out an underground nuclear test at
19
the Nevada National Security Site; and
20
‘‘(E) an assessment of the readiness status
21
of the skills and capabilities described in sub-
22
paragraph (C) and the infrastructure and phys-
23
ical plants described in subparagraph (D).
24
‘‘(6) A strategy for the integrated management
25
of plutonium for stockpile and stockpile stewardship
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1
needs over a 20-year period that includes the fol-
2
lowing:
3
‘‘(A) An assessment of the baseline science
4
issues necessary to understand plutonium aging
5
under static and dynamic conditions under
6
manufactured and nonmanufactured plutonium
7
geometries.
8
‘‘(B) An assessment of scientific and test-
9
ing instrumentation for plutonium at elemental
10
and bulk conditions.
11
‘‘(C) An assessment of manufacturing and
12
handling technology for plutonium and pluto-
13
nium components.
14
‘‘(D) An assessment of computational mod-
15
els of plutonium performance under static and
16
dynamic loading, including manufactured and
17
nonmanufactured conditions.
18
‘‘(E) An identification of any capability
19
gaps with respect to the assessments described
20
in subparagraphs (A) through (D).
21
‘‘(F) An estimate of costs relating to the
22
issues, instrumentation, technology, and models
23
described in subparagraphs (A) through (D)
24
over the period covered by the future-years nu-
25
clear security program under section 3253 of
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1
the National Nuclear Security Administration
2
Act (50 U.S.C. 2453).
3
‘‘(G) An estimate of the cost of eliminating
4
the capability gaps identified under subpara-
5
graph (E) over the period covered by the fu-
6
ture-years nuclear security program.
7
‘‘(H) Such other items as the Adminis-
8
trator considers important for the integrated
9
management of plutonium for stockpile and
10
stockpile stewardship needs.
11
‘‘(7) A plan for the research and development,
12
deployment, and lifecycle sustainment of the tech-
13
nologies employed within the nuclear security enter-
14
prise to address physical and cyber security threats
15
during the five fiscal years following the date of the
16
report, together with—
17
‘‘(A) for each site in the nuclear security
18
enterprise, a description of the technologies de-
19
ployed to address the physical and cybersecurity
20
threats posed to that site;
21
‘‘(B) for each site and for the nuclear se-
22
curity enterprise, the methods used by the Ad-
23
ministration to establish priorities among in-
24
vestments in physical and cybersecurity tech-
25
nologies; and
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1
‘‘(C) a detailed description of how the
2
funds identified for each program element spec-
3
ified pursuant to paragraph (1) in the budget
4
for the Administration for each fiscal year dur-
5
ing that five-fiscal-year period will help carry
6
out that plan.
7
‘‘(8) An assessment of whether the programs
8
described by the report can be executed with current
9
and projected budgets and any associated risks.
10
‘‘(9) Identification of any modifications or up-
11
dates to the plan since the previous summary or de-
12
tailed report was submitted under subsection (b).
13
‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.—
14
‘‘(1) For each detailed report on the plan sub-
15
mitted under subsection (b)(2), the Nuclear Weap-
16
ons Council shall conduct an assessment that in-
17
cludes the following:
18
‘‘(A) An analysis of the plan, including—
19
‘‘(i) whether the plan supports the re-
20
quirements of the national security strat-
21
egy of the United States referred to in
22
subsection (d)(4)(A)(i), the most recent the
23
national defense strategy, and the most re-
24
cent Nuclear Posture Review;
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1
‘‘(ii) whether the modernization and
2
refurbishment measures described under
3
subparagraph (A) of subsection (d)(4) and
4
the schedule described under subparagraph
5
(B) of such subsection are adequate to
6
support such requirements; and
7
‘‘(iii) whether the plan supports the
8
stockpile responsiveness program under
9
section 6131 in a manner that meets the
10
objectives of such program and an identi-
11
fication of any improvements that may be
12
made to the plan to better carry out such
13
program.
14
‘‘(B) An analysis of whether the plan ade-
15
quately addresses the requirements for infra-
16
structure recapitalization of the facilities of the
17
nuclear security enterprise.
18
‘‘(C) If the Nuclear Weapons Council de-
19
termines that the plan does not adequately sup-
20
port modernization and refurbishment require-
21
ments under subparagraph (A) or the nuclear
22
security enterprise facilities infrastructure re-
23
capitalization requirements under subparagraph
24
(B), a risk assessment with respect to—
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1
‘‘(i) supporting the annual certifi-
2
cation of the nuclear weapons stockpile;
3
and
4
‘‘(ii) maintaining the long-term safety,
5
security, and reliability of the nuclear
6
weapons stockpile.
7
‘‘(2) Not later than 180 days after the date on
8
which the Administrator submits the plan under
9
subsection (b)(2), the Nuclear Weapons Council
10
shall submit to the congressional defense committees
11
a report detailing the assessment required under
12
paragraph (1).
13
‘‘(f) DEFINITIONS.—In this section:
14
‘‘(1) The term ‘budget’, with respect to a fiscal
15
year, means the budget for that fiscal year that is
16
submitted to Congress by the President under sec-
17
tion 1105(a) of title 31.
18
‘‘(2) The term ‘future-years nuclear security
19
program’ means the program required by section
20
3253 of the National Nuclear Security Administra-
21
tion Act (50 U.S.C. 2453).
22
‘‘(3) The term ‘national defense strategy’
23
means the review of the defense programs and poli-
24
cies of the United States that is carried out every
25
four years under section 113(g).
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1
‘‘(4) The term ‘nuclear security budget mate-
2
rials’, with respect to a fiscal year, means the mate-
3
rials submitted to Congress by the Administrator in
4
support of the budget for that fiscal year.
5
‘‘(5) The term ‘weapons activities’ means each
6
activity within the budget category of weapons ac-
7
tivities in the budget of the Administration.
8
‘‘(6)
The
term
‘weapons-related
activities’
9
means each activity under the Department of En-
10
ergy that involves nuclear weapons, nuclear weapons
11
technology, or fissile or radioactive materials, includ-
12
ing activities related to—
13
‘‘(A) nuclear nonproliferation;
14
‘‘(B) nuclear forensics;
15
‘‘(C) nuclear intelligence;
16
‘‘(D) nuclear safety; and
17
‘‘(E) nuclear incident response.
18 ‘‘§ 6115. Major warhead refurbishment program
19
‘‘In fiscal year 2015 and subsequent fiscal years, the
20 Secretary of Energy shall submit to the congressional de21 fense committees a report, on each major warhead refur22 bishment program that reaches the Phase 6.3 milestone,
23 that provides an analysis of alternatives. Such report shall
24 include—
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1
2
‘‘(1) a full description of alternatives considered
prior to the award of Phase 6.3;
3
‘‘(2) a comparison of the costs and benefits of
4
each of those alternatives, to include an analysis of
5
trade-offs among cost, schedule, and performance
6
objectives against each alternative considered;
7
‘‘(3) identification of the cost and risk of crit-
8
ical technology elements associated with each alter-
9
native, including technology maturity, integration
10
risk, manufacturing feasibility, and demonstration
11
needs;
12
‘‘(4) identification of the cost and risk of addi-
13
tional capital asset and infrastructure capabilities
14
required to support production and certification of
15
each alternative;
16
‘‘(5) a comparative analysis of the risks, costs,
17
and scheduling needs for any military requirement
18
intended to enhance warhead safety, security, or
19
maintainability, including any requirement to con-
20
solidate and/or integrate warhead systems or mods
21
as compared to at least one other feasible refurbish-
22
ment alternative the Nuclear Weapons Council con-
23
siders appropriate; and
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‘‘(6) a life-cycle cost estimate for the alternative
2
selected that details the overall cost, scope, and
3
schedule planning assumptions.
4 ‘‘§ 6116. Stockpile management program
5
‘‘(a) PROGRAM REQUIRED.—The Secretary of En-
6 ergy, acting through the Administrator and in consulta7 tion with the Secretary of Defense, shall carry out a pro8 gram, in support of the stockpile stewardship program, to
9 provide for the effective management, modernization, and
10 replacement, as required, of the weapons in the nuclear
11 weapons stockpile. The program shall have the following
12 objectives:
13
‘‘(1) To enhance the performance and reliability
14
of the nuclear weapons stockpile of the United
15
States.
16
17
‘‘(2) To further reduce the likelihood of the resumption of underground nuclear weapons testing.
18
19
‘‘(3) To maintain the safety and security of the
nuclear weapons stockpile.
20
21
‘‘(4) To optimize the future size of the nuclear
weapons stockpile.
22
23
‘‘(5) To reduce the risk of an accidental detonation of an element of the stockpile.
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‘‘(6) To reduce the risk of an element of the
2
stockpile being used by a person or entity hostile to
3
the United States, its vital interests, or its allies.
4
‘‘(b) PROGRAM LIMITATIONS.—In carrying out the
5 stockpile management program under subsection (a), the
6 Secretary of Energy shall ensure that—
7
‘‘(1) any changes made to the stockpile shall be
8
consistent with the objectives identified in subsection
9
(a);
10
‘‘(2) any changes made to the stockpile con-
11
sistent with the objectives identified in subsection
12
(a) are carried out in a cost effective manner; and
13
‘‘(3) any such changes made to the stockpile
14
shall—
15
‘‘(A) be well understood and certifiable
16
without the need to resume underground nu-
17
clear weapons testing;
18
‘‘(B) use the design, certification, and pro-
19
duction expertise resident in the nuclear secu-
20
rity enterprise to fulfill current mission require-
21
ments of the existing stockpile; and
22
‘‘(C) develop future generations of design,
23
certification, and production expertise in the
24
nuclear security enterprise to support the fulfill-
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1
ment of mission requirements of the future
2
stockpile.
3
‘‘(c) PROGRAM BUDGET.—In accordance with the re-
4 quirements under section 6120, for each budget submitted
5 by the President to Congress under section 1105 of title
6 31, the amounts requested for the program under this sec7 tion shall be clearly identified in the budget justification
8 materials submitted to Congress in support of that budget.
9 ‘‘§ 6117. Annual assessments and reports to the Presi10
dent and Congress regarding the condi-
11
tion of the United States nuclear weap-
12
ons stockpile
13
‘‘(a) ANNUAL ASSESSMENTS REQUIRED.—For each
14 nuclear weapon type in the stockpile of the United States,
15 each official specified in subsection (b) on an annual basis
16 shall, to the extent such official is directly responsible for
17 the safety, reliability, performance, or military effective18 ness of that nuclear weapon type, complete an assessment
19 of the safety, reliability, performance, or military effective20 ness (as the case may be) of that nuclear weapon type.
21
‘‘(b) COVERED OFFICIALS.—The officials referred to
22 in subsection (a) are the following:
23
24
‘‘(1) The head of each national security laboratory.
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‘‘(2) The Commander of the United States
2
Strategic Command.
3
‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF AS-
4
SESSMENTS.—In support of the assessments required by
5 subsection (a), the Administrator may establish teams,
6 known as ‘dual validation teams’, to provide each national
7 security laboratory responsible for weapons design with
8 independent evaluations of the condition of each warhead
9 for which such laboratory has lead responsibility. A dual
10 validation team established by the Administrator shall—
11
‘‘(1) be comprised of weapons experts from the
12
laboratory that does not have lead responsibility for
13
fielding the warhead being evaluated;
14
‘‘(2) have access to all surveillance and under-
15
ground test data for all stockpile systems for use in
16
the independent evaluations;
17
18
‘‘(3) use all relevant available data to conduct
independent calculations; and
19
‘‘(4) pursue independent experiments to support
20
the independent evaluations.
21
‘‘(d) USE OF TEAMS OF EXPERTS FOR ASSESS-
22
MENTS.—The head of each national security laboratory
23 shall establish and use one or more teams of experts,
24 known as ‘red teams’, to assist in the assessments re25 quired by subsection (a). Each such team shall include ex-
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1606
1 perts from both of the other national security laboratories.
2 Each such team for a national security laboratory shall—
3
‘‘(1) review both the matters covered by the as-
4
sessments under subsection (a) performed by the
5
head of that laboratory and any independent evalua-
6
tions conducted by a dual validation team under
7
subsection (c);
8
‘‘(2) subject such matters to challenge; and
9
‘‘(3) submit the results of such review and chal-
10
lenge, together with the findings and recommenda-
11
tions of such team with respect to such review and
12
challenge, to the head of that laboratory.
13
‘‘(e) REPORT ON ASSESSMENTS.—Not later than De-
14 cember 1 of each year, each official specified in subsection
15 (b) shall submit to the Secretary concerned, and to the
16 Nuclear Weapons Council, a report on the assessments
17 that such official was required by subsection (a) to com18 plete. The report shall include the following:
19
‘‘(1) The results of each such assessment.
20
‘‘(2)(A) Such official’s determination as to
21
whether or not one or more underground nuclear
22
tests are necessary to resolve any issues identified in
23
the assessments and, if so—
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1
‘‘(i) an identification of the specific under-
2
ground nuclear tests that are necessary to re-
3
solve such issues; and
4
‘‘(ii) a discussion of why options other
5
than an underground nuclear test are not avail-
6
able or would not resolve such issues.
7
‘‘(B) An identification of the specific under-
8
ground nuclear tests which, while not necessary,
9
might have value in resolving any such issues and a
10
discussion of the anticipated value of conducting
11
such tests.
12
‘‘(C) Such official’s determination as to the
13
readiness of the United States to conduct the under-
14
ground nuclear tests identified under subparagraphs
15
(A)(i) and (B), if directed by the President to do so.
16
‘‘(3) In the case of a report submitted by the
17
head of a national security laboratory—
18
‘‘(A) a concise statement regarding the
19
adequacy of the science-based tools and meth-
20
ods, including with respect to cyber assurance,
21
being used to determine the matters covered by
22
the assessments;
23
‘‘(B) a concise statement regarding the
24
adequacy of the tools and methods employed by
25
the manufacturing infrastructure required by
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1
section 6122 to identify and fix any inadequacy
2
with respect to the matters covered by the as-
3
sessments, and the confidence of the head in
4
such tools and methods;
5
‘‘(C) a concise summary of the findings
6
and recommendations of any teams under sub-
7
section (d) that relate to the assessments, to-
8
gether with a discussion of those findings and
9
recommendations;
10
‘‘(D) a concise summary of the results of
11
any independent evaluation conducted by a dual
12
validation team under subsection (c); and
13
‘‘(E) a concise summary of any significant
14
finding investigations initiated or active during
15
the previous year for which the head of the na-
16
tional security laboratory has full or partial re-
17
sponsibility.
18
‘‘(4) In the case of a report submitted by the
19
Commander of the United States Strategic Com-
20
mand—
21
‘‘(A) a discussion of the relative merits of
22
other nuclear weapon types (if any), or compen-
23
satory measures (if any) that could be taken,
24
that could enable accomplishment of the mis-
25
sions of the nuclear weapon types to which the
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1
assessments relate, should such assessments
2
identify any deficiency with respect to such nu-
3
clear weapon types;
4
‘‘(B) a summary of all major assembly re-
5
leases in place as of the date of the report for
6
the active and inactive nuclear weapon stock-
7
piles; and
8
‘‘(C) the views of the Commander on the
9
stockpile responsiveness program under section
10
6131, the activities conducted under such pro-
11
gram, and any suggestions to improve such pro-
12
gram.
13
‘‘(5) An identification and discussion of any
14
matter having an adverse effect on the capability of
15
the official submitting the report to accurately deter-
16
mine the matters covered by the assessments.
17
‘‘(f) SUBMITTALS TO THE PRESIDENT AND CON-
18
GRESS.—
19
‘‘(1) Not later than February 1 of each year,
20
the Secretary of Defense and the Secretary of En-
21
ergy shall submit to the President—
22
‘‘(A) each report, without change, sub-
23
mitted to either Secretary under subsection (e)
24
during the preceding year;
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1
‘‘(B) any comments that the Secretaries
2
individually or jointly consider appropriate with
3
respect to each such report;
4
‘‘(C) the conclusions that the Secretaries
5
individually or jointly reach as to the safety, re-
6
liability, performance, and military effectiveness
7
of the nuclear weapons stockpile of the United
8
States; and
9
‘‘(D) any other information that the Secre-
10
taries individually or jointly consider appro-
11
priate.
12
‘‘(2) Not later than March 15 of each year, the
13
President shall forward to Congress the matters re-
14
ceived by the President under paragraph (1) for that
15
year, together with any comments the President con-
16
siders appropriate.
17
‘‘(3) If the President does not forward to Con-
18
gress the matters required under paragraph (2) by
19
the date required by such paragraph, the officials
20
specified in subsection (b) shall provide a briefing to
21
the congressional defense committees not later than
22
March 30 on the report such officials submitted to
23
the Secretary concerned under subsection (e).
24
‘‘(g) CLASSIFIED FORM.—Each submittal under sub-
25 section (f) shall be in classified form only, with the classi-
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1 fication level required for each portion of such submittal
2 marked appropriately.
3
‘‘(h) DEFINITION.—In this section, the term ‘Sec-
4 retary concerned’ means—
5
‘‘(1) the Secretary of Energy, with respect to
6
matters concerning the Department of Energy; and
7
‘‘(2) the Secretary of Defense, with respect to
8
matters concerning the Department of Defense.
9 ‘‘§ 6118. Form of certifications regarding the safety or
10
reliability of the nuclear weapons stock-
11
pile
12
‘‘Any certification submitted to the President by the
13 Secretary of Defense or the Secretary of Energy regarding
14 confidence in the safety or reliability of a nuclear weapon
15 type in the United States nuclear weapons stockpile shall
16 be submitted in classified form only.
17 ‘‘§ 6119. Nuclear test ban readiness program
18
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
19 of Energy shall establish and support a program to assure
20 that the United States is in a position to maintain the
21 reliability, safety, and continued deterrent effect of its
22 stockpile of existing nuclear weapons designs in the event
23 that a low-threshold or comprehensive ban on nuclear ex24 plosives testing is negotiated and ratified within the
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1 framework agreed to by the United States and the Rus2 sian Federation.
3
‘‘(b) PURPOSES OF PROGRAM.—The purposes of the
4 program under subsection (a) shall be the following:
5
‘‘(1) To assure that the United States main-
6
tains a vigorous program of stockpile inspection and
7
non-explosive testing so that, if a low-threshold or
8
comprehensive test ban is entered into, the United
9
States remains able to detect and identify potential
10
problems in stockpile reliability and safety in exist-
11
ing designs of nuclear weapons.
12
‘‘(2) To assure that the specific materials, com-
13
ponents, processes, and personnel needed for the re-
14
manufacture of existing nuclear weapons or the sub-
15
stitution of alternative nuclear warheads are avail-
16
able to support such remanufacture or substitution
17
if such action becomes necessary in order to satisfy
18
reliability and safety requirements under a low-
19
threshold or comprehensive test ban agreement.
20
‘‘(3) To assure that a vigorous program of re-
21
search in areas related to nuclear weapons science
22
and engineering is supported so that, if a low-
23
threshold or comprehensive test ban agreement is
24
entered into, the United States is able to maintain
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1
a base of technical knowledge about nuclear weapons
2
design and nuclear weapons effects.
3
‘‘(c) CONDUCT OF PROGRAM.—The Secretary of En-
4 ergy shall carry out the program provided for in sub5 section (a). The program shall be carried out with the par6 ticipation of representatives of the Department of De7 fense, the nuclear weapons production facilities, and the
8 national security laboratories.
9 ‘‘§ 6120. Requirements for specific request for new or
10
11
modified nuclear weapons
‘‘(a) REQUIREMENT FOR REQUEST FOR FUNDS FOR
12 DEVELOPMENT.—
13
‘‘(1) In any fiscal year after fiscal year 2002 in
14
which the Secretary of Energy plans to carry out ac-
15
tivities described in paragraph (2) relating to the de-
16
velopment of a new nuclear weapon or modified nu-
17
clear weapon beyond phase 2 or phase 6.2 (as the
18
case may be) of the nuclear weapon acquisition proc-
19
ess, the Secretary—
20
‘‘(A) shall specifically request funds for
21
such activities in the budget of the President
22
for that fiscal year under section 1105(a) of
23
title 31; and
24
‘‘(B) may carry out such activities only if
25
amounts are authorized to be appropriated for
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1
such activities by an Act of Congress consistent
2
with section 660 of the Department of Energy
3
Organization Act (42 U.S.C. 7270).
4
‘‘(2) The activities described in this paragraph
5
are as follows:
6
‘‘(A) The conduct, or provision for con-
7
duct, of research and development for the pro-
8
duction of a new nuclear weapon by the United
9
States.
10
‘‘(B) The conduct, or provision for con-
11
duct, of engineering or manufacturing to carry
12
out the production of a new nuclear weapon by
13
the United States.
14
‘‘(C) The conduct, or provision for con-
15
duct, of research and development for the pro-
16
duction of a modified nuclear weapon by the
17
United States.
18
‘‘(D) The conduct, or provision for con-
19
duct, of engineering or manufacturing to carry
20
out the production of a modified nuclear weap-
21
on by the United States.
22
‘‘(b) BUDGET REQUEST FORMAT.—In a request for
23 funds under subsection (a), the Secretary shall include a
24 dedicated line item for each activity described in sub25 section (a)(2) for a new nuclear weapon or modified nu-
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1 clear weapon that is in phase 2 or higher or phase 6.2
2 or higher (as the case may be) of the nuclear weapon ac3 quisition process.
4
‘‘(c) NOTIFICATION AND BRIEFING OF NONCOVERED
5 ACTIVITIES.—In any fiscal year after fiscal year 2022, the
6 Secretary of Energy, acting through the Administrator, in
7 conjunction with the annual submission of the budget of
8 the President to Congress pursuant to section 1105 of title
9 31, shall notify the congressional defense committees of—
10
‘‘(1) any activities described in subsection
11
(a)(2) relating to the development of a new nuclear
12
weapon or modified nuclear weapon that, during the
13
calendar year prior to the budget submission, were
14
carried out prior to phase 2 or phase 6.2 (as the
15
case may be) of the nuclear weapon acquisition proc-
16
ess; and
17
‘‘(2) any plans to carry out, prior to phase 2 or
18
phase 6.2 (as the case may be) of the nuclear weap-
19
on acquisition process, activities described in sub-
20
section (a)(2) relating to the development of a new
21
nuclear weapon or modified nuclear weapon during
22
the fiscal year covered by that budget.
23
‘‘(d) DEFINITIONS.—In this section:
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1
‘‘(1) The term ‘modified nuclear weapon’ means
2
a nuclear weapon that contains a pit or canned sub-
3
assembly, either of which—
4
‘‘(A) is in the nuclear weapons stockpile as
5
of December 2, 2002; and
6
‘‘(B) is being modified in order to meet a
7
military requirement that is other than the mili-
8
tary requirements applicable to such nuclear
9
weapon when first placed in the nuclear weap-
10
ons stockpile.
11
‘‘(2) The term ‘new nuclear weapon’ means a
12
nuclear weapon that contains a pit or canned sub-
13
assembly, either of which is neither—
14
‘‘(A) in the nuclear weapons stockpile on
15
December 2, 2002; nor
16
‘‘(B) in production as of that date.
17 ‘‘§ 6121. Testing of nuclear weapons
18
‘‘(a) UNDERGROUND TESTING.—No underground
19 test of nuclear weapons may be conducted by the United
20 States after September 30, 1996, unless a foreign state
21 conducts a nuclear test after this date, at which time the
22 prohibition on United States nuclear testing is lifted.
23
‘‘(b) ATMOSPHERIC TESTING.—None of the funds
24 appropriated pursuant to the National Defense Authoriza25 tion Act for Fiscal Year 1994 (Public Law 103–160; 107
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1 Stat. 1547) or any other Act for any fiscal year may be
2 available to maintain the capability of the United States
3 to conduct atmospheric testing of a nuclear weapon.
4 ‘‘§ 6122. Manufacturing infrastructure for refabrica5
tion and certification of nuclear weapons
6
stockpile
7
‘‘(a) MANUFACTURING PROGRAM.—
8
‘‘(1) The Secretary of Energy shall carry out a
9
program for purposes of establishing within the Gov-
10
ernment a manufacturing infrastructure that has the
11
capabilities of meeting the following objectives:
12
‘‘(A) To provide a stockpile surveillance
13
engineering base.
14
‘‘(B) To refabricate and certify weapon
15
components and types in the enduring nuclear
16
weapons stockpile, as necessary.
17
‘‘(C) To fabricate and certify new nuclear
18
warheads, as necessary.
19
‘‘(D) To support nuclear weapons.
20
‘‘(E) To supply sufficient tritium in sup-
21
port of nuclear weapons to ensure an upload
22
hedge in the event circumstances require.
23
‘‘(2) The purpose of the program carried out
24
under paragraph (1) shall also be to develop manu-
25
facturing capabilities and capacities necessary to
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1
meet the requirements specified in the annual Nu-
2
clear Weapons Stockpile Memorandum.
3
‘‘(b) REQUIRED CAPABILITIES.—The manufacturing
4 infrastructure established under the program under sub5 section (a) shall include the following capabilities (modern6 ized to attain the objectives referred to in that subsection):
7
8
‘‘(1) The weapons assembly and high explosives
manufacturing capabilities of the Pantex Plant.
9
‘‘(2) The weapon secondary fabrication capabili-
10
ties of the Y–12 National Security Complex, Oak
11
Ridge, Tennessee.
12
13
‘‘(3) The capabilities of the Savannah River
Site relating to tritium recycling and processing.
14
‘‘(4) The fissile material component processing
15
and fabrication capabilities of the Savannah River
16
Plutonium Processing Facility and the Los Alamos
17
National Laboratory.
18
‘‘(5) The non-nuclear component capabilities of
19
the Kansas City National Security Campus, Kansas
20
City, Missouri.
21 ‘‘§ 6123. Acceleration of depleted uranium manufac22
23
turing processes
‘‘(a) ACCELERATION OF MANUFACTURING.—The Ad-
24 ministrator shall require the nuclear security enterprise to
25 accelerate the modernization of manufacturing processes
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1 for depleted uranium by 2030 so that the nuclear security
2 enterprise—
3
‘‘(1) demonstrates bulk cold hearth melting of
4
depleted uranium alloys to augment existing capa-
5
bilities on an operational basis for war reserve com-
6
ponents;
7
‘‘(2) manufactures, on a repeatable and ongoing
8
basis, war reserve depleted uranium alloy compo-
9
nents using net shape casting;
10
‘‘(3) demonstrates, if possible, a production fa-
11
cility to conduct routine operations for manufac-
12
turing depleted uranium alloy components outside of
13
the current perimeter security fencing of the Y-12
14
National Security Complex, Oak Ridge, Tennessee;
15
and
16
‘‘(4) has available high purity depleted uranium
17
for the production of war reserve components.
18
‘‘(b) ANNUAL BRIEFING.—Not later than March 31,
19 2023, and annually thereafter through 2030, the Adminis20 trator shall provide to the congressional defense commit21 tees a briefing on—
22
23
‘‘(1) progress made in carrying out subsection
(a);
24
25
‘‘(2) the cost of activities conducted under such
subsection during the preceding fiscal year; and
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1
‘‘(3) the ability of the nuclear security enter-
2
prise
3
hexafluoride to depleted uranium tetrafluoride.
to
convert
depleted
uranium
fluoride
4 ‘‘§ 6124. Reports on critical difficulties at national se5
curity laboratories and nuclear weapons
6
production facilities
7
‘‘(a) REPORTS BY HEADS OF LABORATORIES AND
8 FACILITIES.—In the event of a difficulty at a national se9 curity laboratory or a nuclear weapons production facility
10 that has a significant bearing on confidence in the safety
11 or reliability of a nuclear weapon or nuclear weapon type,
12 the head of the laboratory or facility, as the case may be,
13 shall submit to the Administrator a report on the dif14 ficulty. The head of the laboratory or facility shall submit
15 the report as soon as practicable after discovery of the
16 difficulty.
17
‘‘(b) TRANSMITTAL BY ADMINISTRATOR.—Not later
18 than 10 days after receipt of a report under subsection
19 (a), the Administrator shall transmit the report (together
20 with the comments of the Administrator) to the congres21 sional defense committees, to the Secretary of Energy and
22 the Secretary of Defense, and to the President.
23
‘‘(c) INCLUSION OF REPORTS IN ANNUAL STOCKPILE
24 ASSESSMENT.—Any report submitted pursuant to sub25 section (a) shall also be submitted to the President and
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1 Congress with the matters required to be submitted under
2 section 6117(f) for the year in which such report is sub3 mitted.
4 ‘‘§ 6125. Selected acquisition reports and independent
5
cost estimates and reviews of certain pro-
6
grams and facilities
7
‘‘(a) SELECTED ACQUISITION REPORTS.—
8
‘‘(1) At the end of the first quarter of each fis-
9
cal year, the Secretary of Energy, acting through
10
the Administrator, shall submit to the congressional
11
defense committees a report on each nuclear weapon
12
system undergoing life extension and each major al-
13
teration project (as defined in section 6284(a)(2))
14
during the preceding fiscal year. The reports shall be
15
known as Selected Acquisition Reports for the weap-
16
on system concerned.
17
‘‘(2) The information contained in the Selected
18
Acquisition Report for a fiscal year for a nuclear
19
weapon system shall be the information contained in
20
the Selected Acquisition Report for each fiscal-year
21
quarter in that fiscal year for a major defense acqui-
22
sition program under section 4351 or any successor
23
system, expressed in terms of the nuclear weapon
24
system.
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1
2
‘‘(b) INDEPENDENT COST ESTIMATES
AND
RE-
VIEWS.—
3
‘‘(1) The Secretary, acting through the Admin-
4
istrator, shall submit to the congressional defense
5
committees and the Nuclear Weapons Council the
6
following:
7
8
‘‘(A) An independent cost estimate of the
following:
9
‘‘(i) Each nuclear weapon system un-
10
dergoing life extension at the completion of
11
phase 6.2A or new weapon system at the
12
completion of phase 2A, relating to design
13
definition and cost study.
14
‘‘(ii) Each nuclear weapon system un-
15
dergoing life extension at the completion of
16
phase 6.3 or new weapon system at the
17
completion of phase 3, relating to develop-
18
ment engineering.
19
‘‘(iii) Each nuclear weapon system un-
20
dergoing life extension at the completion of
21
phase 6.4, relating to production engineer-
22
ing, and before the initiation of phase 6.5,
23
relating to first production.
24
‘‘(iv) Each new weapon system at the
25
completion of phase 4, relating to produc-
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1
tion engineering, and before the initiation
2
of phase 5, relating to first production.
3
‘‘(v) Each new nuclear facility within
4
the nuclear security enterprise that is esti-
5
mated to cost more than $500,000,000 be-
6
fore such facility achieves critical decision
7
1 and before such facility achieves critical
8
decision 2 in the acquisition process.
9
‘‘(vi) Each nuclear weapons system
10
undergoing a major alteration project (as
11
defined in section 6284(a)(2)).
12
‘‘(B) An independent cost review of each
13
nuclear weapon system undergoing life exten-
14
sion at the completion of phase 6.2 or new
15
weapon system at the completion of phase 2, re-
16
lating to study of feasibility and down-select.
17
‘‘(2) Each independent cost estimate and inde-
18
pendent cost review under paragraph (1) shall in-
19
clude—
20
‘‘(A) whether the cost baseline or the
21
budget estimate for the period covered by the
22
future-years nuclear security program has
23
changed, and the rationale for any such change;
24
and
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1
‘‘(B) any views of the Secretary or the Ad-
2
ministrator regarding such estimate or review.
3
‘‘(3) The Administrator shall review and con-
4
sider the results of any independent cost estimate or
5
independent cost review of a nuclear weapon system
6
or a nuclear facility, as the case may be, under this
7
subsection before entering the next phase of the de-
8
velopment process of such system or the acquisition
9
process of such facility.
10
‘‘(4) Except as otherwise specified in paragraph
11
(1), each independent cost estimate or independent
12
cost review of a nuclear weapon system or a nuclear
13
facility under this subsection shall be submitted not
14
later than 30 days after the date on which—
15
‘‘(A) in the case of a nuclear weapons sys-
16
tem, such system completes a phase specified in
17
such paragraph; or
18
‘‘(B) in the case of a nuclear facility, such
19
facility achieves critical decision 1 as specified
20
in subparagraph (A)(v) of such paragraph.
21
‘‘(5) Each independent cost estimate or inde-
22
pendent cost review submitted under this subsection
23
shall be submitted in unclassified form, but may in-
24
clude a classified annex if necessary.
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1
‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—
2 Upon the request of the Administrator, the Secretary of
3 Defense, acting through the Director of Cost Assessment
4 and Program Evaluation and in consultation with the Ad5 ministrator, may conduct an independent cost assessment
6 of any initiative or program of the Administration that
7 is estimated to cost more than $500,000,000.
8 ‘‘§ 6126. Advice to President and Congress regarding
9
safety, security, and reliability of United
10
States nuclear weapons stockpile
11
‘‘(a) POLICY.—
12
‘‘(1) IN
13
United States—
14
GENERAL.—It
is the policy of the
‘‘(A) to maintain a safe, secure, effective,
15
and reliable nuclear weapons stockpile; and
16
‘‘(B) as long as other nations control or
17
actively seek to acquire nuclear weapons, to re-
18
tain a credible nuclear deterrent.
19
‘‘(2) NUCLEAR WEAPONS STOCKPILE.—It is in
20
the security interest of the United States to sustain
21
the United States nuclear weapons stockpile through
22
a program of stockpile stewardship, carried out at
23
the national security laboratories and nuclear weap-
24
ons production facilities.
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1
2
‘‘(3) SENSE OF CONGRESS.—It is the sense of
Congress that—
3
‘‘(A) the United States should retain a
4
triad of strategic nuclear forces sufficient to
5
deter any future hostile foreign leadership with
6
access to strategic nuclear forces from acting
7
against the vital interests of the United States;
8
‘‘(B) the United States should continue to
9
maintain nuclear forces of sufficient size and
10
capability to implement an effective and robust
11
deterrent strategy; and
12
‘‘(C) the advice of the persons required to
13
provide the President and Congress with assur-
14
ances of the safety, security, effectiveness, and
15
reliability of the nuclear weapons force should
16
be scientifically based, without regard for poli-
17
tics, and of the highest quality and integrity.
18
‘‘(b) ADVICE AND OPINIONS REGARDING NUCLEAR
19 WEAPONS STOCKPILE.—In addition to a director of a na20 tional security laboratory or a nuclear weapons production
21 facility under section 6124, any member of the Nuclear
22 Weapons Council may also submit to the President, the
23 Secretary of Defense, the Secretary of Energy, or the con24 gressional defense committees advice or opinion regarding
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1 the safety, security, effectiveness, and reliability of the nu2 clear weapons stockpile.
3
‘‘(c) EXPRESSION OF INDIVIDUAL VIEWS.—
4
‘‘(1) IN GENERAL.—No individual, including a
5
representative of the President, may take any action
6
against, or otherwise constrain, a director of a na-
7
tional security laboratory or a nuclear weapons pro-
8
duction facility or a member of the Nuclear Weap-
9
ons Council from presenting the professional views
10
of the director or member, as the case may be, to
11
the President, the National Security Council, or
12
Congress regarding—
13
‘‘(A) the safety, security, reliability, or
14
credibility of the nuclear weapons stockpile and
15
nuclear forces; or
16
‘‘(B) the status of, and plans for, the capa-
17
bilities and infrastructure that support and sus-
18
tain the nuclear weapons stockpile and nuclear
19
forces.
20
‘‘(2) CONSTRUCTION.—Nothing in paragraph
21
(1)(B) may be construed to affect the interagency
22
budget process.
23
‘‘(d) REPRESENTATIVE
24
OF THE
PRESIDENT DE-
FINED.—In this section, the term ‘representative of the
25 President’ means the following:
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1
‘‘(1) Any official of the Department of Defense
2
or the Department of Energy who is appointed by
3
the President and confirmed by the Senate.
4
5
‘‘(2) Any member or official of the National Security Council.
6
7
‘‘(3) Any member or official of the Joint Chiefs
of Staff.
8
9
‘‘(4) Any official of the Office of Management
and Budget.
10 ‘‘§ 6127. Notification of certain regulations that im11
pact the National Nuclear Security Ad-
12
ministration
13
‘‘(a) IN GENERAL.—If a director of a national secu-
14 rity laboratory of the Administration determines that a
15 Federal regulation could inhibit the ability of the Adminis16 trator to maintain the safety, security, or effectiveness of
17 the nuclear weapons stockpile without engaging in explo18 sive nuclear testing, such director, not later than 15 days
19 after making such determination, shall submit to Congress
20 a notification of such determination.
21
‘‘(b) FORM.—Each notification required by sub-
22 section (a) shall be submitted in unclassified form, but
23 may include a classified annex.
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1 ‘‘§ 6128. Plutonium pit production capacity
2
‘‘(a) REQUIREMENT.—Consistent with the require-
3 ments of the Secretary of Defense, the Secretary of En4 ergy shall ensure that the nuclear security enterprise—
5
6
‘‘(1) during 2021, begins production of qualification plutonium pits;
7
8
‘‘(2) during 2024, produces not less than 10
war reserve plutonium pits;
9
10
‘‘(3) during 2025, produces not less than 20
war reserve plutonium pits;
11
12
‘‘(4) during 2026, produces not less than 30
war reserve plutonium pits; and
13
‘‘(5) during 2030, produces not less than 80
14
war reserve plutonium pits.
15
‘‘(b) ANNUAL CERTIFICATION.—Not later than
16 March 1, 2015, and each year thereafter through 2030,
17 the Secretary of Energy shall certify to the congressional
18 defense committees and the Secretary of Defense that the
19 programs and budget of the Secretary of Energy will en20 able the nuclear security enterprise to meet the require21 ments under subsection (a).
22
‘‘(c) PLAN.—If the Secretary of Energy does not
23 make a certification under subsection (b) by March 1 of
24 any year in which a certification is required under that
25 subsection, by not later than May 1 of such year, the
26 Chairman of the Nuclear Weapons Council shall submit
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1 to the congressional defense committees a plan to enable
2 the nuclear security enterprise to meet the requirements
3 under subsection (a). Such plan shall include identification
4 of the resources of the Department of Energy that the
5 Chairman determines should be redirected to support the
6 plan to meet such requirements.
7
8
‘‘(d) CERTIFICATIONS
ON
PLUTONIUM ENTER-
PRISE.—
9
‘‘(1) REQUIREMENT.—Not later than 30 days
10
after the date on which a covered project achieves a
11
critical decision milestone, the Assistant Secretary
12
for Environmental Management and the Deputy Ad-
13
ministrator for Defense Programs shall jointly cer-
14
tify to the congressional defense committees that the
15
operations, infrastructure, and workforce of such
16
project are adequate to carry out the delivery and
17
disposal of planned waste shipments relating to the
18
plutonium enterprise, as outlined in the critical deci-
19
sion memoranda of the Department of Energy with
20
respect to such project.
21
‘‘(2) FAILURE TO CERTIFY.—If the Assistant
22
Secretary for Environmental Management and the
23
Deputy Administrator for Defense Programs fail to
24
make a certification under paragraph (1) by the
25
date specified in such paragraph with respect to a
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1
covered project achieving a critical decision mile-
2
stone, the Assistant Secretary and the Deputy Ad-
3
ministrator shall jointly submit to the congressional
4
defense committees, by not later than 30 days after
5
such date, a plan to ensure that the operations, in-
6
frastructure, and workforce of such project will be
7
adequate to carry out the delivery and disposal of
8
planned waste shipments described in such para-
9
graph.
10
‘‘(e) REPORTS.—
11
‘‘(1) REQUIREMENT.—Not later than March 1
12
of each year during the period beginning on the date
13
on which the first covered project achieves critical
14
decision 2 in the acquisition process and ending on
15
the date on which the second project achieves critical
16
decision 4 and begins operations, the Administrator
17
for Nuclear Security shall submit to the congres-
18
sional defense committees a report on the planned
19
production goals of both covered projects during the
20
first 10 years of the operation of the projects.
21
22
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall include—
23
‘‘(A) the number of war reserve plutonium
24
pits planned to be produced during each year,
25
including the associated warhead type;
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1
‘‘(B) a description of risks and challenges
2
to meeting the performance baseline for the
3
covered projects, as approved in critical decision
4
2 in the acquisition process;
5
‘‘(C) options available to the Administrator
6
to balance scope, costs, and production require-
7
ments at the projects to decrease overall risk to
8
the plutonium enterprise and enduring pluto-
9
nium pit requirements; and
10
‘‘(D) an explanation of any changes to the
11
production goals or requirements as compared
12
to the report submitted during the previous
13
year.
14
‘‘(f) PROHIBITION ON ARIES EXPANSION BEFORE
15 ACHIEVEMENT OF 30 PIT-PER-YEAR BASE CAPABILITY.—
16
‘‘(1) IN GENERAL.—Until the date on which the
17
Administrator certifies to the congressional defense
18
committees that the base capability to produce not
19
less than 30 war reserve plutonium pits per year has
20
been established at Los Alamos National Labora-
21
tory, the Administrator may not—
22
‘‘(A) carry out a project to expand the pit
23
disassembly and processing capability of the
24
spaces at PF–4 occupied by ARIES as of De-
25
cember 22, 2023; or
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1
‘‘(B) otherwise expand such spaces.
2
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
3
apply with respect to—
4
‘‘(A) ongoing or planned small projects to
5
sustain or improve the efficiency of plutonium
6
oxide production, provided that such projects do
7
not expand the spaces at PF–4 occupied by
8
ARIES as of December 22, 2023;
9
‘‘(B) the planning and design of an addi-
10
tional ARIES capability at a location other
11
than PF–4; or
12
‘‘(C) the transfer of the ARIES capability
13
to a location other than PF–4.
14
‘‘(3) DEFINITIONS.—In this subsection:
15
‘‘(A) The term ‘ARIES’ means the Ad-
16
vanced Recovery and Integrated Extraction
17
System method, developed and piloted at Los
18
Alamos National Laboratory, Los Alamos, New
19
Mexico, for disassembling surplus defense pluto-
20
nium pits and converting the plutonium from
21
such pits into plutonium oxide.
22
‘‘(B) The term ‘PF–4’ means the Pluto-
23
nium Facility at Technical Area 55 located at
24
Los Alamos National Laboratory, Los Alamos,
25
New Mexico.
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1
‘‘(g) COVERED PROJECT DEFINED.—In this sub-
2 section, the term ‘covered project’ means—
3
‘‘(1) the Savannah River Plutonium Processing
4
Facility, Savannah River Site, Aiken, South Carolina
5
(Project 21–D–511); or
6
‘‘(2) the Plutonium Pit Production Project, Los
7
Alamos National Laboratory, Los Alamos, New
8
Mexico (Project 21–D–512).
9
‘‘(h) MANAGEMENT OF PLUTONIUM MODERNIZATION
10 PROGRAM.—Not later than 570 days after December 22,
11 2023, the Administrator for Nuclear Security shall ensure
12 that the plutonium modernization program established by
13 the Office of Defense Programs of the National Nuclear
14 Security Administration, or any subsequently developed
15 program designed to meet the requirements under sub16 section (a), is managed in accordance with the best prac17 tices for schedule development and cost estimating of the
18 Government Accountability Office.
19 ‘‘§ 6129. Certification of completion of milestones
20
with respect to plutonium pit aging
21
‘‘(a) REQUIREMENT.—The Administrator shall com-
22 plete the milestones on plutonium pit aging identified in
23 the report entitled ‘‘Research Program Plan for Pluto24 nium and Pit Aging’’, published by the Administration in
25 September 2021.
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1
‘‘(b) ASSESSMENTS.—The Administrator shall—
2
‘‘(1) acting through the Defense Programs Ad-
3
visory Committee, conduct biennial reviews during
4
the period beginning not later than one year after
5
the date of the enactment of this Act and ending
6
December 31, 2030, regarding the progress achieved
7
toward completing the milestones described in sub-
8
section (a); and
9
‘‘(2) seek to enter into an arrangement with the
10
private scientific advisory group known as JASON
11
to conduct, not later than 2030, an assessment of
12
plutonium pit aging.
13
‘‘(c) BRIEFINGS.—During the period beginning not
14 later than one year after the date of the enactment of this
15 Act and ending December 31, 2030, the Administrator
16 shall provide to the congressional defense committees bien17 nial briefings on—
18
19
‘‘(1) the progress achieved toward completing
the milestones described in subsection (a); and
20
‘‘(2) the results of the assessments described in
21
subsection (b).
22
‘‘(d) CERTIFICATION
23
OF
COMPLETION
OF
MILE-
STONES.—Not later than October 1, 2031, the Adminis-
24 trator shall—
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1
‘‘(1) certify to the congressional defense com-
2
mittees whether the milestones described in sub-
3
section (a) have been achieved; and
4
5
‘‘(2) if the milestones have not been achieved,
submit to such committees a report—
6
‘‘(A) describing the reasons such mile-
7
stones have not been achieved;
8
‘‘(B) including, if the Administrator deter-
9
mines the Administration will not be able to
10
meet one of such milestones, an explanation for
11
that determination; and
12
‘‘(C) specifying new dates for the comple-
13
tion of the milestones the Administrator antici-
14
pates the Administration will meet.
15 ‘‘§ 6130. Authorization of workforce development and
16
training
17
National Nuclear Security Administration
18
‘‘(a) AUTHORITY.—The Administrator for Nuclear
partnership
programs
within
19 Security may authorize management and operating con20 tractors at covered facilities to develop and implement
21 workforce development and training partnership programs
22 to further the education and training of employees or pro23 spective employees of such management and operating
24 contractors to meet the requirements of section 6128.
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1
‘‘(b) CAPACITY.—To carry out subsection (a), a man-
2 agement and operating contractor at a covered facility
3 may provide funding through grants or other means to
4 cover the costs of the development and implementation of
5 a workforce development and training partnership pro6 gram authorized under such subsection, including costs re7 lating to curriculum development, hiring of teachers, pro8 curement of equipment and machinery, use of facilities or
9 other properties, and provision of scholarships and fellow10 ships.
11
‘‘(c) DEFINITIONS.—In this section:
12
‘‘(1) The term ‘covered facility’ means—
13
‘‘(A) Los Alamos National Laboratory, Los
14
Alamos, New Mexico; or
15
‘‘(B) the Savannah River Site, Aiken,
16
South Carolina.
17
‘‘(2) The term ‘prospective employee’ means an
18
individual who has applied (or who, based on their
19
field of study and experience, is likely to apply) for
20
a position of employment with a management and
21
operating contractor to support plutonium pit pro-
22
duction at a covered facility.
23 ‘‘§ 6131. Stockpile responsiveness program
24
‘‘(a) STATEMENT OF POLICY.—It is the policy of the
25 United States to identify, sustain, enhance, integrate, and
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1 continually exercise all capabilities required to concep2 tualize, study, design, develop, engineer, certify, produce,
3 and deploy nuclear weapons to ensure the nuclear deter4 rent of the United States remains safe, secure, reliable,
5 credible, and responsive.
6
‘‘(b) PROGRAM REQUIRED.—The Secretary of En-
7 ergy, acting through the Administrator and in consulta8 tion with the Secretary of Defense, shall carry out a stock9 pile responsiveness program, along with the stockpile stew10 ardship program under section 6111 and the stockpile
11 management program under section 6116, to identify, sus12 tain, enhance, integrate, and continually exercise all capa13 bilities required to conceptualize, study, design, develop,
14 engineer, certify, produce, and deploy nuclear weapons.
15
‘‘(c) OBJECTIVES.—The program under subsection
16 (b) shall have the following objectives:
17
‘‘(1) Identify, sustain, enhance, integrate, and
18
continually exercise all of the capabilities, infrastruc-
19
ture, tools, and technologies across the science, engi-
20
neering, design, certification, and manufacturing
21
cycle required to carry out all phases of the joint nu-
22
clear weapons life cycle process, with respect to both
23
the nuclear security enterprise and relevant elements
24
of the Department of Defense.
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1
‘‘(2) Identify, enhance, and transfer knowledge,
2
skills, and direct experience with respect to all
3
phases of the joint nuclear weapons life cycle process
4
from one generation of nuclear weapon designers
5
and engineers to the following generation.
6
‘‘(3) Periodically demonstrate stockpile respon-
7
siveness throughout the range of capabilities as re-
8
quired, such as through the use of prototypes, flight
9
testing, and development of plans for certification
10
without the need for nuclear explosive testing.
11
‘‘(4) Shorten design, certification, and manufac-
12
turing cycles and timelines to minimize the amount
13
of time and costs leading to an engineering proto-
14
type and production.
15
‘‘(5) Continually exercise processes for the inte-
16
gration and coordination of all relevant elements and
17
processes of the Administration and the Department
18
of Defense required to ensure stockpile responsive-
19
ness.
20
‘‘(6) The retention of the ability, in coordina-
21
tion with the Director of National Intelligence, to as-
22
sess and develop prototype nuclear weapons of for-
23
eign countries if needed to meet intelligence require-
24
ments and, if necessary, to conduct no-yield testing
25
of those prototypes.
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1
‘‘(d) JOINT NUCLEAR WEAPONS LIFE CYCLE PROC-
2
ESS DEFINED.—In this section, the term ‘joint nuclear
3 weapons life cycle process’ means the process developed
4 and maintained by the Secretary of Defense and the Sec5 retary of Energy for the development, production, mainte6 nance, and retirement of nuclear weapons.
7 ‘‘§ 6132. Long-term plan for meeting national security
8
requirements for unencumbered uranium
9
‘‘(a) IN GENERAL.—Not later than December 31 of
10 each odd-numbered year through 2031, the Secretary of
11 Energy shall submit to the congressional defense commit12 tees a plan for meeting national security requirements for
13 unencumbered uranium through 2070.
14
‘‘(b) PLAN REQUIREMENTS.—The plan required by
15 subsection (a) shall include the following:
16
‘‘(1) An inventory of unencumbered uranium
17
(other than depleted uranium), by program source
18
and enrichment level, that, as of the date of the
19
plan, is allocated to national security requirements.
20
‘‘(2) An inventory of unencumbered uranium
21
(other than depleted uranium), by program source
22
and enrichment level, that, as of the date of the
23
plan, is not allocated to national security require-
24
ments but could be allocated to such requirements.
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1
‘‘(3) An identification of national security re-
2
quirements for unencumbered uranium through
3
2070, by program source and enrichment level.
4
‘‘(4) An assessment of current and projected
5
unencumbered uranium production by private indus-
6
try in the United States that could support future
7
defense requirements.
8
‘‘(5) A description of any shortfall in obtaining
9
unencumbered uranium to meet national security re-
10
quirements and an assessment of whether that
11
shortfall could be mitigated through the blending
12
down of uranium that is of a higher enrichment
13
level.
14
‘‘(6) An inventory of unencumbered depleted
15
uranium, an assessment of the portion of that ura-
16
nium that could be allocated to national security re-
17
quirements through re-enrichment, and an estimate
18
of the costs of re-enriching that uranium.
19
‘‘(7) A description of the swap and barter
20
agreements involving unencumbered uranium needed
21
to meet national security requirements that are in
22
effect on the date of the plan.
23
‘‘(8) An assessment of—
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1
‘‘(A) when additional enrichment of ura-
2
nium will be required to meet national security
3
requirements; and
4
‘‘(B) the options the Secretary is consid-
5
ering to meet such requirements, including an
6
estimated cost and timeline for each option and
7
a description of any changes to policy or law
8
that the Secretary determines would be required
9
for each option.
10
‘‘(9) An assessment of how options to provide
11
additional enriched uranium to meet national secu-
12
rity requirements could, as an additional benefit,
13
contribute to the establishment of a sustained do-
14
mestic enrichment capacity and allow the commer-
15
cial sector of the United States to reduce reliance on
16
importing uranium from adversary countries.
17
‘‘(c) FORM OF PLAN.—The plan required by sub-
18 section (a) shall be submitted in unclassified form, but
19 may include a classified annex.
20
‘‘(d) COMPTROLLER GENERAL BRIEFING.—Not later
21 than 180 days after the date on which the congressional
22 defense committees receive each plan under subsection (a),
23 the Comptroller General of the United States shall provide
24 to the Committees on Armed Services of the House of
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1 Representatives and the Senate a briefing that includes
2 an assessment of the plan.
3
‘‘(e) DEFINITIONS.—In this section:
4
‘‘(1) The term ‘depleted’, with respect to ura-
5
nium, means that the uranium is depleted in ura-
6
nium-235 compared with natural uranium.
7
‘‘(2) The term ‘unencumbered’, with respect to
8
uranium, means that the United States has no obli-
9
gation to foreign governments to use the uranium
10
for only peaceful purposes.
11 ‘‘§ 6133. Plan for domestic enrichment capability to
12
satisfy Department of Defense uranium
13
requirements
14
‘‘(a) REPORT.—Not later than 120 days after the
15 date of the enactment of National Defense Authorization
16 Act for Fiscal Year 2024 (Public Law 118–31), the Ad17 ministrator shall submit to the Committees on Armed
18 Services and Appropriations of the Senate and the House
19 of Representatives a report that contains a plan to estab20 lish a domestic enrichment capability sufficient to meet
21 defense requirements for enriched uranium. Such plan
22 shall include—
23
‘‘(1) a description of defense requirements for
24
enriched uranium expected to be necessary between
25
the date of the enactment of this Act and 2060 to
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1
meet the requirements of the Department of De-
2
fense, including quantities, material assay, and the
3
dates by which new enrichment is required;
4
‘‘(2) key milestones, steps, and policy decisions
5
required to achieve the domestic uranium enrich-
6
ment capability;
7
8
‘‘(3) the dates by which such key milestones are
to be achieved;
9
10
‘‘(4) a funding profile, broken down by project
and sub-project, for obtaining such capability;
11
‘‘(5) a description of any changes in the re-
12
quirement of the Department of Defense for highly
13
enriched uranium due to AUKUS; and
14
‘‘(6) any other elements or information the Ad-
15
ministrator determines appropriate.
16
‘‘(b) ANNUAL CERTIFICATION REQUIREMENT.—
17
‘‘(1) IN GENERAL.—Not later than February 1
18
of each year after the year during which the report
19
required by subsection (a) is submitted until the
20
date specified in paragraph (2), the Administrator
21
shall submit to the congressional defense committees
22
a certification that—
23
‘‘(A) the Administration is in compliance
24
with the plan and milestones contained in the
25
report; or
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1
‘‘(B) the Administration is not in compli-
2
ance with such plan or milestones, together
3
with—
4
‘‘(i) a description of the nature of the
5
non-compliance;
6
‘‘(ii) the reasons for the non-compli-
7
ance; and
8
‘‘(iii) a plan to achieve compliance.
9
‘‘(2) TERMINATION DATE.—No report shall be
10
required under paragraph (1) after the date on
11
which the Administrator certifies to the congres-
12
sional defense committees that the final key mile-
13
stone under the plan has been met.
14
‘‘(c) FORM OF REPORTS.—The report under sub-
15 section (a) and each annual certification under subsection
16 (b) shall be submitted in unclassified form, but may in17 clude a classified annex.
18 ‘‘§ 6134. Incorporation of integrated surety architec19
ture
20
‘‘(a) SHIPMENTS.—
21
‘‘(1) The Administrator shall ensure that ship-
22
ments described in paragraph (2) incorporate surety
23
technologies relating to transportation and shipping
24
developed by the Integrated Surety Architecture pro-
25
gram of the Administration.
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1
‘‘(2) A shipment described in this paragraph is
2
an over-the-road shipment of the Administration
3
that involves any nuclear weapon planned to be in
4
the active stockpile after 2025.
5
‘‘(b) CERTAIN PROGRAMS.—
6
‘‘(1) The Administrator, in coordination with
7
the Chairman of the Nuclear Weapons Council, shall
8
ensure that each program described in paragraph
9
(2) incorporates integrated designs compatible with
10
the Integrated Surety Architecture program.
11
‘‘(2) A program described in this subsection is
12
a program of the Administration that is a warhead
13
development program, a life extension program, or a
14
warhead major alteration program.
15
‘‘(c) DETERMINATION.—
16
‘‘(1) If, on a case-by-case basis, the Adminis-
17
trator determines that a shipment under subsection
18
(a) will not incorporate some or all of the surety
19
technologies described in such subsection, or that a
20
program under subsection (b) will not incorporate
21
some or all of the integrated designs described in
22
such subsection, the Administrator shall submit such
23
determination to the congressional defense commit-
24
tees, including the results of an analysis conducted
25
pursuant to paragraph (2).
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1
‘‘(2) Each determination made under paragraph
2
(1) shall be based on a documented, system risk
3
analysis that considers security risk reduction, oper-
4
ational impacts, and technical risk.
5
‘‘(d) TERMINATION.—The requirements of sub-
6 sections (a) and (b) shall terminate on December 31,
7 2029.
8 ‘‘§ 6135. W93 nuclear warhead acquisition process
9
‘‘(a) REPORTING REQUIREMENTS.—
10
‘‘(1) PHASE 1.—Upon receiving a concept defi-
11
nition study under phase 1 of the joint nuclear
12
weapons life cycle for the W93 nuclear weapon, the
13
Nuclear Weapons Council shall submit to the con-
14
gressional defense committees a report that includes
15
the following:
16
17
18
19
‘‘(A) A description of the potential military
characteristics of the weapon.
‘‘(B) A description of the stockpile-to-target sequence requirements of the weapon.
20
‘‘(C) An initial assessment of the require-
21
ments a W93 nuclear weapon program is likely
22
to generate for the nuclear security enterprise,
23
including—
24
25
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‘‘(i) adjustments to the size and composition of the workforce;
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1
2
‘‘(ii) additions to existing weapon design and production capabilities; or
3
‘‘(iii) additional facility recapitaliza-
4
tion or new construction.
5
‘‘(D) A preliminary description of other
6
significant requirements for a W93 nuclear
7
weapon program, including—
8
‘‘(i) first production unit date;
9
‘‘(ii) initial operational capability date;
10
‘‘(iii) full operational capability date;
11
and
12
‘‘(iv) any unique safety and surety re-
13
quirements that could increase design com-
14
plexity or cost estimate uncertainty.
15
‘‘(2) PHASE 2.—
16
‘‘(A) IN
GENERAL.—Not
later than 15
17
days after the date on which the Nuclear Weap-
18
ons Council approves phase 2 of the joint nu-
19
clear weapons life cycle for the W93 nuclear
20
weapon, the Administrator shall provide to the
21
congressional defense committees a briefing on
22
a plan to implement a process of independent
23
peer review or review by a board of experts, or
24
both, with respect to—
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1
‘‘(i) the nonnuclear components of the
2
weapon;
3
‘‘(ii) subsystem design; and
4
‘‘(iii) engineering aspects of the weap-
5
on.
6
‘‘(B) REQUIREMENTS FOR PROCESS.—The
7
Administrator shall ensure that the process re-
8
quired by subparagraph (A)—
9
‘‘(i) uses—
10
‘‘(I) all relevant capabilities of
11
the Federal Government, the defense
12
industrial base, and institutions of
13
higher education; and
14
‘‘(II) other capabilities that the
15
Administrator determines necessary;
16
and
17
‘‘(ii) informs the entire development
18
19
life cycle of the W93 nuclear weapon.
‘‘(b) CERTIFICATIONS AND REPORTS AT PHASE 3.—
20 Not later than 15 days after the date on which the Nu21 clear Weapons Council approves phase 3 of the joint nu22 clear weapons life cycle for the W93 nuclear weapon—
23
‘‘(1) the administrator shall provide to the con-
24
gressional defense committees a briefing that in-
25
cludes certifications that—
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1
‘‘(A) phases 1 through 5 of the joint nu-
2
clear weapons life cycle for the weapon will em-
3
ploy, at a minimum, the same best practices
4
and will provide Congress with the same level of
5
programmatic insight as exists under the phase
6
6.X process for life extension programs; and
7
‘‘(B) the proposed design for the weapon
8
can be carried out within estimated schedule
9
and cost objectives; and
10
‘‘(2) the Commander of the United States Stra-
11
tegic Command shall submit to the congressional de-
12
fense committees a report containing, or provide to
13
such committees a briefing on, the requirements for
14
weapon quantity and composition by type for the
15
sub-surface ballistic nuclear (SSBN) force, including
16
such requirements planned for the 15-year period
17
following the date of the report or briefing, as the
18
case may be, including any planned life extensions,
19
retirements, or alterations.
20
‘‘(c) WAIVERS.—Subsections (a) and (b) may be
21 waived during a period of war declared by Congress after
22 January 1, 2021.
23
‘‘(d) JOINT NUCLEAR WEAPONS LIFE CYCLE DE-
24
FINED.—In this section, the term ‘joint nuclear weapons
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1 life cycle’ has the meaning given that term in section
2 6131.
3 ‘‘§ 6136. Earned value management and technology
4
readiness levels for life extension pro-
5
grams
6
‘‘(a) REVIEW OF CONTRACTOR EARNED VALUE MAN-
7
AGEMENT SYSTEMS.—The Administrator shall enter into
8 an arrangement with an independent entity under which
9 that entity shall—
10
‘‘(1) review and validate whether the earned
11
value management systems of contractors of the Ad-
12
ministration for life extension programs meet the
13
earned value management national standard; and
14
‘‘(2) conduct periodic surveillance reviews of
15
such systems to ensure that such systems maintain
16
compliance with that standard through program
17
completion.
18
‘‘(b) BENCHMARKS FOR TECHNOLOGY READINESS
19 LEVELS.—The Administrator shall—
20
‘‘(1) establish specific benchmarks for tech-
21
nology readiness levels of critical technologies for life
22
extension programs at key decision points; and
23
24
‘‘(2) ensure that critical technologies meet such
benchmarks at such decision points.
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1
‘‘(c) APPLICABILITY.—This section shall apply to
2 programs that, as of January 1, 2021, have not entered
3 phase 3 of the nuclear weapons acquisition process or
4 phase 6.3 of a nuclear weapons life extension program.
5
‘‘(d) DEFINITION.—In this section, the term ‘earned
6 value management national standard’ means the most re7 cent version of the EIA-748 Earned Value Management
8 System Standard published by the National Defense In9 dustrial Association.
10
‘‘SUBCHAPTER II—TRITIUM
11 ‘‘§ 6141. Tritium production program
12
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
13 of Energy shall establish a tritium production program
14 that is capable of meeting the tritium requirements of the
15 United States for nuclear weapons.
16
‘‘(b) LOCATION OF TRITIUM PRODUCTION FACIL-
17
ITY.—The Secretary shall locate any new tritium produc-
18 tion facility of the Department of Energy at the Savannah
19 River Site, South Carolina.
20
‘‘(c) IN-REACTOR TESTS.—The Secretary may per-
21 form in-reactor tests of tritium target rods as part of the
22 activities carried out under the commercial light water re23 actor program.
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1 ‘‘§ 6142. Tritium recycling
2
‘‘(a) IN GENERAL.—Except as provided in subsection
3 (b), the following activities shall be carried out at the Sa4 vannah River Site, South Carolina:
5
6
‘‘(1) All tritium recycling for weapons, including tritium refitting.
7
‘‘(2) All activities regarding tritium formerly
8
carried out at the Mound Plant, Ohio.
9
‘‘(b) EXCEPTION.—The following activities may be
10 carried out at the Los Alamos National Laboratory, New
11 Mexico:
12
‘‘(1) Research on tritium.
13
‘‘(2) Work on tritium in support of the defense
14
inertial confinement fusion program.
15
‘‘(3) Provision of technical assistance to the Sa-
16
vannah River Site regarding the weapons surveil-
17
lance program.
18 ‘‘§ 6143. Modernization and consolidation of tritium
19
20
recycling facilities
‘‘The Secretary of Energy shall carry out activities
21 at the Savannah River Site, South Carolina, to—
22
23
‘‘(1) modernize and consolidate the facilities for
recycling tritium from weapons; and
24
‘‘(2) provide a modern tritium extraction facil-
25
ity so as to ensure that such facilities have a capac-
26
ity to recycle tritium from weapons that is adequate
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1
to meet the requirements for tritium for weapons
2
specified in the Nuclear Weapons Stockpile Memo-
3
randum.
4
‘‘CHAPTER 603—PROLIFERATION
5
MATTERS
6 ‘‘§ 6151. Authority to conduct program relating to
7
8
fissile materials
‘‘The Secretary of Energy may conduct programs de-
9 signed to improve the protection, control, and account10 ability of fissile materials in Russia.
11 ‘‘§ 6152. Completion of material protection, control,
12
and accounting activities in the Russian
13
Federation
14
‘‘(a) IN GENERAL.—Except as provided in subsection
15 (b) or specifically authorized by Congress, international
16 material protection, control, and accounting activities in
17 the Russian Federation shall be completed not later than
18 fiscal year 2018.
19
‘‘(b) EXCEPTION.—The limitation in subsection (a)
20 shall not apply to international material protection, con21 trol, and accounting activities in the Russian Federation
22 associated with the Agreement Concerning the Manage23 ment and Disposition of Plutonium Designated as No
24 Longer Required for Defense Purposes and Related Co25 operation, signed at Moscow and Washington August 29
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1 and September 1, 2000, and entered into force July 13,
2 2011 (TIAS 11–713.1), between the United States and
3 the Russian Federation.
4 ‘‘§ 6153. Disposition of weapons-usable plutonium at
5
6
Savannah River Site
‘‘(a) PLAN FOR CONSTRUCTION AND OPERATION OF
7 MOX FACILITY.—
8
‘‘(1) Not later than February 1, 2003, the Sec-
9
retary of Energy shall submit to Congress a plan for
10
the construction and operation of the MOX facility
11
at the Savannah River Site, Aiken, South Carolina.
12
‘‘(2) The plan under paragraph (1) shall in-
13
clude—
14
‘‘(A) a schedule for construction and oper-
15
ations so as to achieve, as of January 1, 2012,
16
and thereafter, the MOX production objective,
17
and to produce 1 metric ton of mixed-oxide fuel
18
by December 31, 2012; and
19
‘‘(B) a schedule of operations of the MOX
20
facility designed so that 34 metric tons of de-
21
fense plutonium and defense plutonium mate-
22
rials at the Savannah River Site will be proc-
23
essed into mixed-oxide fuel by January 1, 2019.
24
‘‘(3)(A) Not later than February 15 each year,
25
beginning in 2004 and continuing through 2024, the
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1
Secretary shall submit to Congress a report on the
2
implementation of the plan required by paragraph
3
(1).
4
5
‘‘(B) Each report under subparagraph (A) for
years before 2010 shall include—
6
‘‘(i) an assessment of compliance with the
7
schedules included with the plan under para-
8
graph (2); and
9
‘‘(ii) a certification by the Secretary wheth-
10
er or not the MOX production objective can be
11
met by January 2012.
12
‘‘(C) Each report under subparagraph (A) for
13
years after 2014 shall—
14
‘‘(i) address whether the MOX production
15
objective has been met; and
16
‘‘(ii) assess progress toward meeting the
17
obligations of the United States under the Plu-
18
tonium Management and Disposition Agree-
19
ment.
20
‘‘(D) Each report under subparagraph (A) for
21
years after 2019 shall also include an assessment of
22
compliance with the MOX production objective and,
23
if not in compliance, the plan of the Secretary for
24
achieving one of the following:
25
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‘‘(i) Compliance with such objective.
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1
‘‘(ii) Removal of all remaining defense plu-
2
tonium and defense plutonium materials from
3
the State of South Carolina.
4
‘‘(b) CORRECTIVE ACTIONS.—
5
‘‘(1) If a report under subsection (a)(3) indi-
6
cates that construction or operation of the MOX fa-
7
cility is behind the applicable schedule under sub-
8
section (g) by 12 months or more, the Secretary
9
shall submit to Congress, not later than August 15
10
of the year in which such report is submitted, a plan
11
for corrective actions to be implemented by the Sec-
12
retary to ensure that the MOX facility project is ca-
13
pable of meeting the MOX production objective.
14
‘‘(2) If a plan is submitted under paragraph (1)
15
in any year after 2008, the plan shall include correc-
16
tive actions to be implemented by the Secretary to
17
ensure that the MOX production objective is met.
18
‘‘(3) Any plan for corrective actions under para-
19
graph (1) or (2) shall include established milestones
20
under such plan for achieving compliance with the
21
MOX production objective.
22
‘‘(4) If, before January 1, 2012, the Secretary
23
determines that there is a substantial and material
24
risk that the MOX production objective will not be
25
achieved by 2012 because of a failure to achieve
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1
milestones set forth in the most recent corrective ac-
2
tion plan under this subsection, the Secretary shall
3
suspend further transfers of defense plutonium and
4
defense plutonium materials to be processed by the
5
MOX facility until such risk is addressed and the
6
Secretary certifies that the MOX production objec-
7
tive can be met by 2012.
8
‘‘(5) If, after January 1, 2014, the Secretary
9
determines that the MOX production objective has
10
not been achieved because of a failure to achieve
11
milestones set forth in the most recent corrective ac-
12
tion plan under this subsection, the Secretary shall
13
suspend further transfers of defense plutonium and
14
defense plutonium materials to be processed by the
15
MOX facility until the Secretary certifies that the
16
MOX production objective can be met.
17
‘‘(6)(A) Upon making a determination under
18
paragraph (4) or (5), the Secretary shall submit to
19
Congress a report on the options for removing from
20
the State of South Carolina an amount of defense
21
plutonium or defense plutonium materials equal to
22
the amount of defense plutonium or defense pluto-
23
nium materials transferred to the State of South
24
Carolina after April 15, 2002.
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1
‘‘(B) Each report under subparagraph (A) shall
2
include an analysis of each option set forth in the
3
report, including the cost and schedule for imple-
4
mentation of such option, and any requirements
5
under the National Environmental Policy Act of
6
1969 (42 U.S.C. 4321 et seq.) relating to consider-
7
ation or selection of such option.
8
‘‘(C) Upon submittal of a report under subpara-
9
graph (A), the Secretary shall commence any anal-
10
ysis that may be required under the National Envi-
11
ronmental Policy Act of 1969 in order to select
12
among the options set forth in the report.
13
‘‘(c) CONTINGENT REQUIREMENT FOR REMOVAL OF
14 PLUTONIUM AND MATERIALS FROM SAVANNAH RIVER
15 SITE.—If the MOX production objective is not achieved
16 as of January 1, 2014, the Secretary shall, consistent with
17 the National Environmental Policy Act of 1969 (42 U.S.C.
18 4321 et seq.) and other applicable laws, remove from the
19 State of South Carolina, for storage or disposal else20 where—
21
‘‘(1) not later than January 1, 2016, not less
22
than 1 metric ton of defense plutonium or defense
23
plutonium materials; and
24
‘‘(2) not later than January 1, 2022, an
25
amount of defense plutonium or defense plutonium
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1
materials equal to the amount of defense plutonium
2
or defense plutonium materials transferred to the
3
Savannah River Site between April 15, 2002, and
4
January 1, 2022, but not processed by the MOX fa-
5
cility.
6
‘‘(d) ECONOMIC AND IMPACT ASSISTANCE.—
7
‘‘(1) If the MOX production objective is not
8
achieved as of January 1, 2016, the Secretary shall,
9
subject to the availability of appropriations, pay to
10
the State of South Carolina each year beginning on
11
or after that date through 2021 for economic and
12
impact assistance an amount equal to $1,000,000
13
per day, not to exceed $100,000,000 per year, until
14
the later of—
15
‘‘(A) the date on which the MOX produc-
16
tion objective is achieved in such year; or
17
‘‘(B) the date on which the Secretary has
18
removed from the State of South Carolina in
19
such year at least 1 metric ton of defense pluto-
20
nium or defense plutonium materials.
21
‘‘(2)(A) If, as of January 1, 2022, the MOX fa-
22
cility has not processed mixed-oxide fuel from de-
23
fense plutonium and defense plutonium materials in
24
the amount of not less than—
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1
‘‘(i) one metric ton, in each of any two
2
consecutive calendar years; and
3
‘‘(ii) three metric tons total,
4
the Secretary shall, from funds available to the
5
Secretary, pay to the State of South Carolina
6
for economic and impact assistance an amount
7
equal to $1,000,000 per day, not to exceed
8
$100,000,000 per year, until the removal by the
9
Secretary from the State of South Carolina of
10
an amount of defense plutonium or defense plu-
11
tonium materials equal to the amount of de-
12
fense plutonium or defense plutonium materials
13
transferred to the Savannah River Site between
14
April 15, 2002, and January 1, 2022, but not
15
processed by the MOX facility.
16
‘‘(B) Nothing in this paragraph may be con-
17
strued to terminate, supersede, or otherwise affect
18
any other requirements of this section.
19
‘‘(3) If the State of South Carolina obtains an
20
injunction that prohibits the Department of Energy
21
from taking any action necessary for the Depart-
22
ment to meet any deadline specified by this sub-
23
section, that deadline shall be extended for a period
24
of time equal to the period of time during which the
25
injunction is in effect.
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1
‘‘(e) FAILURE TO COMPLETE PLANNED DISPOSITION
2 PROGRAM.—If less than 34 metric tons of defense pluto3 nium or defense plutonium materials have been processed
4 by the MOX facility by October 1, 2026, the Secretary
5 shall, not later than December 1, 2026, and on a biennial
6 basis thereafter, submit to Congress a plan for—
7
‘‘(1) completing the processing of 34 metric
8
tons of defense plutonium and defense plutonium
9
material by the MOX facility; or
10
‘‘(2) removing from the State of South Carolina
11
an amount of defense plutonium or defense pluto-
12
nium materials equal to the amount of defense plu-
13
tonium or defense plutonium materials transferred
14
to the Savannah River Site after April 15, 2002, but
15
not processed by the MOX facility.
16
‘‘(f) REMOVAL OF MIXED-OXIDE FUEL UPON COM-
17
PLETION OF OPERATIONS OF MOX FACILITY.—If, one
18 year after the date on which operation of the MOX facility
19 permanently ceases, any mixed-oxide fuel remains at the
20 Savannah River Site, the Secretary shall submit to Con21 gress—
22
23
‘‘(1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or
24
25
‘‘(2) a plan for removing such fuel from the
State of South Carolina.
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1
‘‘(g) BASELINE.—Not later than December 31, 2006,
2 the Secretary shall submit to Congress a report on the
3 construction and operation of the MOX facility that in4 cludes a schedule for revising the requirements of this sec5 tion during fiscal year 2007 to conform with the schedule
6 established by the Secretary for the MOX facility, which
7 shall be based on estimated funding levels for the fiscal
8 year.
9
‘‘(h) DEFINITIONS.—In this section:
10
‘‘(1) MOX PRODUCTION OBJECTIVE.—The term
11
‘MOX production objective’ means production at the
12
MOX facility of mixed-oxide fuel from defense pluto-
13
nium and defense plutonium materials at an average
14
rate equivalent to not less than one metric ton of
15
mixed-oxide fuel per year. The average rate shall be
16
determined by measuring production at the MOX fa-
17
cility from the date the facility is declared oper-
18
ational to the Nuclear Regulatory Commission
19
through the date of assessment.
20
‘‘(2) MOX FACILITY.—The term ‘MOX facility’
21
means the mixed-oxide fuel fabrication facility at the
22
Savannah River Site, Aiken, South Carolina.
23
24
‘‘(3) DEFENSE PLUTONIUM; DEFENSE PLUTONIUM MATERIALS.—The
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terms ‘defense plutonium’
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1664
1
and ‘defense plutonium materials’ mean weapons-us-
2
able plutonium.
3 ‘‘§ 6154. Disposition of surplus defense plutonium at
4
Savannah River Site, Aiken, South Caro-
5
lina
6
‘‘(a) CONSULTATION REQUIRED.—The Secretary of
7 Energy shall consult with the Governor of the State of
8 South Carolina regarding any decisions or plans of the
9 Secretary related to the disposition of surplus defense plu10 tonium and defense plutonium materials located at the Sa11 vannah River Site, Aiken, South Carolina.
12
‘‘(b) NOTICE REQUIRED.—For each shipment of de-
13 fense plutonium or defense plutonium materials to the Sa14 vannah River Site, the Secretary shall, not less than 30
15 days before the commencement of such shipment, submit
16 to the congressional defense committees a report providing
17 notice of such shipment.
18
‘‘(c) PLAN FOR DISPOSITION.—The Secretary shall
19 prepare a plan for disposal of the surplus defense pluto20 nium and defense plutonium materials currently located
21 at the Savannah River Site and for disposal of defense
22 plutonium and defense plutonium materials to be shipped
23 to the Savannah River Site in the future. The plan shall
24 include the following:
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1
2
‘‘(1) A review of each option considered for
such disposal.
3
4
‘‘(2) An identification of the preferred option
for such disposal.
5
‘‘(3) With respect to the facilities for such dis-
6
posal that are required by the Department of Ener-
7
gy’s Record of Decision for the Storage and Disposi-
8
tion of Weapons-Usable Fissile Materials Final Pro-
9
grammatic Environmental Impact Statement dated
10
January 14, 1997—
11
‘‘(A) a statement of the cost of construc-
12
tion and operation of such facilities;
13
‘‘(B) a schedule for the expeditious con-
14
struction of such facilities, including milestones;
15
and
16
‘‘(C) a firm schedule for funding the cost
17
of such facilities.
18
‘‘(4) A specification of the means by which all
19
such defense plutonium and defense plutonium ma-
20
terials will be removed in a timely manner from the
21
Savannah River Site for storage or disposal else-
22
where.
23
‘‘(d) PLAN FOR ALTERNATIVE DISPOSITION.—If the
24 Secretary determines not to proceed at the Savannah
25 River Site with construction of the plutonium immobiliza-
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1 tion plant, or with the mixed oxide fuel fabrication facility,
2 the Secretary shall prepare a plan that identifies a disposi3 tion path for all defense plutonium and defense plutonium
4 materials that would otherwise have been disposed of at
5 such plant or such facility, as applicable.
6
‘‘(e) SUBMISSION OF PLANS.—Not later than Feb-
7 ruary 1, 2002, the Secretary shall submit to Congress the
8 plan required by subsection (c) (and the plan prepared
9 under subsection (d), if applicable).
10
‘‘(f) LIMITATION ON PLUTONIUM SHIPMENTS.—If
11 the Secretary does not submit to Congress the plan re12 quired by subsection (c) (and the plan prepared under sub13 section (d), if applicable) by February 1, 2002, the Sec14 retary shall be prohibited from shipping defense plutonium
15 or defense plutonium materials to the Savannah River Site
16 during the period beginning on February 1, 2002, and
17 ending on the date on which such plans are submitted to
18 Congress.
19
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
20 tion may be construed to prohibit or limit the Secretary
21 from shipping defense plutonium or defense plutonium
22 materials to sites other than the Savannah River Site dur23 ing the period referred to in subsection (f) or any other
24 period.
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1
‘‘(h) ANNUAL REPORT ON FUNDING FOR FISSILE
2 MATERIALS DISPOSITION ACTIVITIES.—The Secretary
3 shall include with the budget justification materials sub4 mitted to Congress in support of the Department of En5 ergy budget for each fiscal year (as submitted with the
6 budget of the President under section 1105(a) of title 31)
7 a report setting forth the extent to which amounts re8 quested for the Department for such fiscal year for fissile
9 materials disposition activities will enable the Department
10 to meet commitments for the disposition of surplus de11 fense plutonium and defense plutonium materials located
12 at the Savannah River Site, and for any other fissile mate13 rials disposition activities, in such fiscal year.
14 ‘‘§ 6155. Acceleration of removal or security of fissile
15
materials, radiological materials, and re-
16
lated
17
worldwide
18
‘‘(a) SENSE OF CONGRESS.—
equipment
at
vulnerable
sites
19
‘‘(1) It is the sense of Congress that the secu-
20
rity, including the rapid removal or secure storage,
21
of high-risk, proliferation-attractive fissile materials,
22
radiological materials, and related equipment at vul-
23
nerable sites worldwide should be a top priority
24
among the activities to achieve the national security
25
of the United States.
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1
‘‘(2) It is the sense of Congress that the Presi-
2
dent may establish in the Department of Energy a
3
task force to be known as the Task Force on Nu-
4
clear Materials to carry out the program authorized
5
by subsection (b).
6
‘‘(b) PROGRAM AUTHORIZED.—The Secretary of En-
7 ergy may carry out a program to undertake an acceler8 ated, comprehensive worldwide effort to mitigate the
9 threats posed by high-risk, proliferation-attractive fissile
10 materials, radiological materials, and related equipment
11 located at sites potentially vulnerable to theft or diversion.
12
‘‘(c) PROGRAM ELEMENTS.—
13
14
‘‘(1) Activities under the program under subsection (b) may include the following:
15
‘‘(A) Accelerated efforts to secure, remove,
16
or eliminate proliferation-attractive fissile mate-
17
rials or radiological materials in research reac-
18
tors, other reactors, and other facilities world-
19
wide.
20
‘‘(B) Arrangements for the secure ship-
21
ment of proliferation-attractive fissile materials,
22
radiological materials, and related equipment to
23
other countries willing to accept such materials
24
and equipment, or to the United States if such
25
countries cannot be identified, and the provision
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of secure storage or disposition of such mate-
2
rials and equipment following shipment.
3
‘‘(C) The transportation of proliferation-at-
4
tractive fissile materials, radiological materials,
5
and related equipment from sites identified as
6
proliferation risks to secure facilities in other
7
countries or in the United States.
8
‘‘(D) The processing and packaging of pro-
9
liferation-attractive fissile materials, radiological
10
materials, and related equipment in accordance
11
with required standards for transport, storage,
12
and disposition.
13
‘‘(E) The provision of interim security up-
14
grades for vulnerable, proliferation-attractive
15
fissile materials, radiological materials, and re-
16
lated equipment pending their removal from
17
their current sites.
18
‘‘(F) The utilization of funds to upgrade
19
security and accounting at sites where prolifera-
20
tion-attractive fissile materials or radiological
21
materials will remain for an extended period of
22
time in order to ensure that such materials are
23
secure against plausible potential threats and
24
will remain so in the future.
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‘‘(G) The management of proliferation-at-
2
tractive fissile materials, radiological materials,
3
and related equipment at secure facilities.
4
‘‘(H) Actions to ensure that security, in-
5
cluding security upgrades at sites and facilities
6
for the storage or disposition of proliferation-at-
7
tractive fissile materials, radiological materials,
8
and related equipment, continues to function as
9
intended.
10
‘‘(I) The provision of technical support to
11
the
12
(IAEA), other countries, and other entities to
13
facilitate removal of, and security upgrades to
14
facilities that contain, proliferation-attractive
15
fissile materials, radiological materials, and re-
16
lated equipment worldwide.
International
Atomic
Energy
Agency
17
‘‘(J) The development of alternative fuels
18
and irradiation targets based on low-enriched
19
uranium to convert research or other reactors
20
fueled by highly-enriched uranium to such alter-
21
native fuels, as well as the conversion of reac-
22
tors and irradiation targets employing highly-
23
enriched uranium to employment of such alter-
24
native fuels and targets.
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1
‘‘(K) Accelerated actions for the blend
2
down of highly-enriched uranium to low-en-
3
riched uranium.
4
‘‘(L) The provision of assistance in the clo-
5
sure and decommissioning of sites identified as
6
presenting risks of proliferation of proliferation-
7
attractive fissile materials, radiological mate-
8
rials, and related equipment.
9
‘‘(M) Programs to—
10
‘‘(i) assist in the placement of employ-
11
ees displaced as a result of actions pursu-
12
ant to the program in enterprises not rep-
13
resenting a proliferation threat; and
14
‘‘(ii) convert (including through the
15
use of alternative technologies) sites identi-
16
fied as presenting risks of proliferation re-
17
garding proliferation-attractive fissile ma-
18
terials, radiological materials, and related
19
equipment to purposes not representing a
20
proliferation threat to the extent necessary
21
to eliminate the proliferation threat.
22
‘‘(2) The Secretary of Energy shall, in coordi-
23
nation with the Secretary of State, carry out the
24
program in consultation with, and with the assist-
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1
ance of, appropriate departments, agencies, and
2
other entities of the United States Government.
3
‘‘(3) The Secretary of Energy shall, with the
4
concurrence of the Secretary of State, carry out ac-
5
tivities under the program in collaboration with such
6
foreign governments, non-governmental organiza-
7
tions, and other international entities as the Sec-
8
retary of Energy considers appropriate for the pro-
9
gram.
10
‘‘(d) FUNDING.—Amounts authorized to be appro-
11 priated to the Secretary of Energy for defense nuclear
12 nonproliferation activities shall be available for purposes
13 of the program under this section.
14
‘‘(e) PARTICIPATION BY OTHER GOVERNMENTS AND
15 ORGANIZATIONS.—
16
‘‘(1) IN GENERAL.—The Secretary of Energy
17
may, with the concurrence of the Secretary of State,
18
enter into one or more agreements with any person
19
(including a foreign government, international orga-
20
nization, or multinational entity) that the Secretary
21
of Energy considers appropriate under which the
22
person contributes funds for purposes of the pro-
23
grams described in paragraph (2).
24
‘‘(2) PROGRAMS COVERED.—The programs de-
25
scribed in this paragraph are any programs within
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1
the Office of Defense Nuclear Nonproliferation of
2
the National Nuclear Security Administration.
3
‘‘(3) RETENTION AND USE OF AMOUNTS.—Not-
4
withstanding section 3302 of title 31, the Secretary
5
of Energy may retain and use amounts contributed
6
under an agreement under paragraph (1) for pur-
7
poses of the programs described in paragraph (2).
8
Amounts so contributed shall be retained in a sepa-
9
rate fund established in the Treasury for such pur-
10
poses and shall be available for use without further
11
appropriation and without fiscal year limitation.
12
‘‘(4) RETURN OF AMOUNTS NOT USED WITHIN
13
5 YEARS.—If an amount contributed under an agree-
14
ment under paragraph (1) is not used under this
15
subsection within 5 years after it was contributed,
16
the Secretary of Energy shall return that amount to
17
the person who contributed it.
18
‘‘(5) ANNUAL REPORT.—Not later than October
19
31 of each year, the Secretary of Energy shall sub-
20
mit to the congressional defense committees a report
21
on the receipt and use of amounts under this sub-
22
section during the preceding fiscal year. Each report
23
for a fiscal year shall set forth—
24
‘‘(A) a statement of any amounts received
25
under this subsection, including, for each such
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1
amount, the value of the contribution and the
2
person who contributed it;
3
‘‘(B) a statement of any amounts used
4
under this subsection, including, for each such
5
amount, the purposes for which the amount was
6
used; and
7
‘‘(C) a statement of the amounts retained
8
but not used under this subsection, including,
9
for each such amount, the purposes (if known)
10
for which the Secretary intends to use the
11
amount.
12
‘‘(f) DEFINITIONS.—In this section:
13
‘‘(1) The term ‘fissile materials’ means pluto-
14
nium, highly-enriched uranium, or other material ca-
15
pable of sustaining an explosive nuclear chain reac-
16
tion, including irradiated items containing such ma-
17
terials if the radiation field from such items is not
18
sufficient to prevent the theft or misuse of such
19
items.
20
‘‘(2) The term ‘radiological materials’ includes
21
Americium-241, Californium-252, Cesium-137, Co-
22
balt-60, Iridium-192, Plutonium-238, Radium-226,
23
Strontium-90, Curium-244, and irradiated items
24
containing such materials, or other materials des-
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1
ignated by the Secretary of Energy for purposes of
2
this paragraph.
3
‘‘(3) The term ‘related equipment’ includes
4
equipment useful for enrichment of uranium in the
5
isotope 235 and for extraction of fissile materials
6
from irradiated fuel rods and other equipment des-
7
ignated by the Secretary of Energy for purposes of
8
this section.
9
‘‘(4) The term ‘highly-enriched uranium’ means
10
uranium enriched to or above 20 percent in the iso-
11
tope 235.
12
‘‘(5) The term ‘low-enriched uranium’ means
13
uranium enriched below 20 percent in the isotope
14
235.
15
‘‘(6) The term ‘proliferation-attractive’, in the
16
case of fissile materials and radiological materials,
17
means quantities and types of such materials that
18
are determined by the Secretary of Energy to
19
present a significant risk to the national security of
20
the United States if diverted to a use relating to
21
proliferation.
22
‘‘(7) The term ‘alternative technologies’ means
23
technologies, such as accelerator-based equipment,
24
that do not use radiological materials.
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1 ‘‘§ 6156. Acceleration of replacement of cesium blood
2
3
irradiation sources
‘‘(a) GOAL.—The Administrator shall ensure that the
4 goal of the covered programs is eliminating the use of
5 blood irradiation devices in the United States that rely on
6 cesium chloride by December 31, 2027.
7
‘‘(b) IMPLEMENTATION.—To meet the goal specified
8 by subsection (a), the Administrator shall carry out the
9 covered programs in a manner that—
10
11
‘‘(1) is voluntary for owners of blood irradiation
devices;
12
‘‘(2) allows for the United States, subject to the
13
review of the Administrator, to pay up to 50 percent
14
of the per-device cost of replacing blood irradiation
15
devices covered by the programs;
16
‘‘(3) allows for the United States to pay up to
17
100 percent of the cost of removing and disposing
18
of cesium sources retired from service by the pro-
19
grams; and
20
‘‘(4) replaces such devices with x-ray irradiation
21
devices or other devices approved by the Food and
22
Drug Administration that provide significant threat
23
reduction
24
irradiators.
25
‘‘(c) DURATION.—The Administrator shall carry out
as
compared
to
cesium
26 the covered programs until December 31, 2027.
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1
‘‘(d) REPORT.—Not later than 180 days after the
2 date of the enactment of the John S. McCain National
3 Defense Authorization Act for Fiscal Year 2019 (Public
4 Law 115–232), the Administrator shall submit to the ap5 propriate congressional committees a report on the cov6 ered programs, including—
7
‘‘(1) identification of each cesium chloride blood
8
irradiation device in the United States, including the
9
number, general location, and user type;
10
11
‘‘(2) a plan for achieving the goal established by
subsection (a);
12
‘‘(3) a methodology for prioritizing replacement
13
of such devices that takes into account irradiator
14
age and prior material security initiatives;
15
‘‘(4) in consultation with the Nuclear Regu-
16
latory Commission and the Food and Drug Adminis-
17
tration, a strategy identifying any legislative, regu-
18
latory, or other measures necessary to constrain the
19
introduction of new cesium chloride blood irradiation
20
devices;
21
‘‘(5) identification of the annual funds required
22
to meet the goal established by subsection (a); and
23
‘‘(6) a description of the disposal path for ce-
24
sium chloride sources under the covered programs.
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1
‘‘(e) ASSESSMENT.—The Administrator shall submit
2 an assessment to the appropriate congressional commit3 tees by September 20, 2023, of the results of the actions
4 on the covered programs under this section, including—
5
6
‘‘(1) the number of replacement irradiators
under the covered programs;
7
‘‘(2) the life-cycle costs of the programs, includ-
8
ing personnel training, maintenance, and replace-
9
ment costs for new irradiation devices;
10
11
‘‘(3) the cost-effectiveness of the covered programs;
12
13
‘‘(4) an analysis of the effectiveness of the new
irradiation devices’ technology; and
14
‘‘(5) a forecast of whether the Administrator
15
will meet the goal established in subsection (a).
16
‘‘(f) DEFINITIONS.—In this section:
17
‘‘(1) APPROPRIATE
18
TEES.—The
19
mittees’ means—
CONGRESSIONAL COMMIT-
term ‘appropriate congressional com-
20
‘‘(A) the Committee on Appropriations, the
21
Committee on Armed Services, and the Com-
22
mittee on Energy and Commerce of the House
23
of Representatives; and
24
‘‘(B) the Committee on Appropriations, the
25
Committee on Armed Services, the Committee
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1
on Energy and Natural Resources, and the
2
Committee on Health, Education, Labor, and
3
Pensions of the Senate.
4
‘‘(2) COVERED PROGRAMS.—The term ‘covered
5
programs’ means the following programs of the Of-
6
fice of Radiological Security of the National Nuclear
7
Security Administration:
8
‘‘(A) The Cesium Irradiator Replacement
9
Program.
10
‘‘(B) The Off-Site Source Recovery Pro-
11
gram.
12 ‘‘§ 6157. International agreements on nuclear weap13
14
ons data
‘‘The Secretary of Energy may, with the concurrence
15 of the Secretary of State and in coordination with the Sec16 retary of Defense, the Secretary of Homeland Security,
17 and the Director of National Intelligence, enter into agree18 ments with countries or international organizations to con19 duct data collection and analysis to determine accurately
20 and in a timely manner the source of any components of,
21 or fissile material used or attempted to be used in, a nu22 clear device or weapon.
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1 ‘‘§ 6158. International agreements on information on
2
3
radioactive materials
‘‘The Secretary of Energy may, with the concurrence
4 of the Secretary of State and in coordination with the Sec5 retary of Defense, the Secretary of Homeland Security,
6 and the Director of National Intelligence, enter into agree7 ments with countries or international organizations—
8
‘‘(1) to acquire for the materials information
9
program of the Department of Energy validated in-
10
formation on the physical characteristics of radio-
11
active material produced, used, or stored at various
12
locations, in order to facilitate the ability to deter-
13
mine accurately and in a timely manner the source
14
of any components of, or fissile material used or at-
15
tempted to be used in, a nuclear device or weapon;
16
and
17
18
‘‘(2) to obtain access to information described
in paragraph (1) in the event of—
19
‘‘(A) a nuclear detonation; or
20
‘‘(B) the interdiction or discovery of a nu-
21
clear device or weapon or nuclear material.
22 ‘‘§ 6159. Defense nuclear nonproliferation manage23
24
ment plan
‘‘(a) PLAN REQUIRED.—The Administrator shall de-
25 velop and annually update a five-year management plan
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1 proliferation programs of the Administration to prevent
2 and counter the proliferation of materials, technology,
3 equipment, and expertise related to nuclear and radio4 logical weapons in order to minimize and address the risk
5 of nuclear terrorism and the proliferation of such weapons.
6
‘‘(b) SUBMISSION TO CONGRESS.—
7
‘‘(1) Not later than March 15 of each even-
8
numbered year, the Administrator shall submit to
9
the congressional defense committees a summary of
10
the plan developed under subsection (a).
11
‘‘(2) Not later than March 15 of each odd-num-
12
bered year, the Administrator shall submit to the
13
congressional defense committees a detailed report
14
on the plan developed under subsection (a).
15
‘‘(3) Each summary submitted under paragraph
16
(1) and each report submitted under paragraph (2)
17
shall be submitted in unclassified form, but may in-
18
clude a classified annex if necessary.
19
‘‘(c) ELEMENTS.—The plan required by subsection
20 (a) shall include, with respect to each defense nuclear non21 proliferation program of the Administration, the following:
22
23
‘‘(1) A description of the policy context in
which the program operates, including—
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‘‘(A) a list of relevant laws, policy direc-
2
tives issued by the President, and international
3
agreements; and
4
‘‘(B) nuclear nonproliferation activities
5
carried out by other Federal agencies.
6
‘‘(2) A description of the objectives and prior-
7
ities of the program during the year preceding the
8
submission of the summary required by paragraph
9
(1) of subsection (b) or the report required by para-
10
graph (2) of that subsection, as the case may be.
11
12
‘‘(3) A description of the activities carried out
under the program during that year.
13
‘‘(4) A description of the accomplishments and
14
challenges of the program during that year, based
15
on an assessment of metrics and objectives pre-
16
viously established to determine the effectiveness of
17
the program.
18
‘‘(5) A description of any gaps that remain that
19
were not or could not be addressed by the program
20
during that year.
21
‘‘(6) An identification and explanation of un-
22
committed or uncosted balances for the program, as
23
of the date of the submission of the summary re-
24
quired by paragraph (1) of subsection (b) or the re-
25
port required by paragraph (2) of that subsection, as
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1
the case may be, that are greater than the accept-
2
able carryover thresholds, as determined by the Sec-
3
retary of Energy.
4
‘‘(7) An identification of funds for the program
5
received through contributions from or cost-sharing
6
agreements with foreign governments consistent with
7
section 6155(e) during the year preceding the sub-
8
mission of the summary required by paragraph (1)
9
of subsection (b) or the report required by para-
10
graph (2) of that subsection, as the case may be,
11
and an explanation of such contributions and agree-
12
ments.
13
‘‘(8) A description and assessment of activities
14
carried out under the program during that year that
15
were coordinated with other elements of the Depart-
16
ment of Energy, with the Department of Defense,
17
and with other Federal agencies, to maximize effi-
18
ciency and avoid redundancies.
19
‘‘(9) Plans for activities of the program during
20
the five-year period beginning on the date on which
21
the summary required by paragraph (1) of sub-
22
section (b) or the report required by paragraph (2)
23
of that subsection, as the case may be, is submitted,
24
including activities with respect to the following:
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1
‘‘(A) Preventing nuclear and radiological
2
proliferation and terrorism, including through—
3
‘‘(i) material management and mini-
4
mization, particularly with respect to re-
5
moving or minimizing the use of highly en-
6
riched uranium, plutonium, and radio-
7
logical materials worldwide (and identi-
8
fying the countries in which such materials
9
are located), efforts to dispose of surplus
10
material, converting reactors from highly
11
enriched uranium to low-enriched uranium
12
(and identifying the countries in which
13
such reactors are located);
14
‘‘(ii) global nuclear material security,
15
including securing highly enriched ura-
16
nium, plutonium, and radiological mate-
17
rials worldwide (and identifying the coun-
18
tries in which such materials are located),
19
and providing radiation detection capabili-
20
ties at foreign ports and borders;
21
‘‘(iii) nonproliferation and arms con-
22
trol, including nuclear verification and
23
safeguards;
24
‘‘(iv) defense nuclear research and de-
25
velopment, including a description of ac-
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1
tivities related to developing and improving
2
technology to detect the proliferation and
3
detonation of nuclear weapons, verifying
4
compliance of foreign countries with com-
5
mitments under treaties and agreements
6
relating to nuclear weapons, and detecting
7
the diversion of nuclear materials (includ-
8
ing safeguards technology); and
9
‘‘(v) nonproliferation construction pro-
10
grams, including activities associated with
11
Department of Energy Order 413.1 (relat-
12
ing to program management controls).
13
‘‘(B) Countering nuclear and radiological
14
proliferation and terrorism.
15
‘‘(C) Responding to nuclear and radio-
16
logical proliferation and terrorism, including
17
through—
18
‘‘(i) crisis operations;
19
‘‘(ii) consequences management; and
20
‘‘(iii) emergency management, includ-
21
ing international capacity building.
22
‘‘(10) A threat assessment, carried out by the
23
intelligence community (as defined in section 3(4) of
24
the National Security Act of 1947 (50 U.S.C.
25
3003(4))), with respect to the risk of nuclear and
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1
radiological proliferation and terrorism and a de-
2
scription of how each activity carried out under the
3
program will counter the threat during the five-year
4
period beginning on the date on which the summary
5
required by paragraph (1) of subsection (b) or the
6
report required by paragraph (2) of that subsection,
7
as the case may be, is submitted and, as appro-
8
priate, in the longer term.
9
10
‘‘(11) A plan for funding the program during
that five-year period.
11
‘‘(12) An identification of metrics and objec-
12
tives for determining the effectiveness of each activ-
13
ity carried out under the program during that five-
14
year period.
15
‘‘(13) A description of the activities to be car-
16
ried out under the program during that five-year pe-
17
riod and a description of how the program will be
18
prioritized relative to other defense nuclear non-
19
proliferation programs of the Administration during
20
that five-year period to address the highest priority
21
risks and requirements, as informed by the threat
22
assessment carried out under paragraph (10).
23
‘‘(14) A description and assessment of activities
24
to be carried out under the program during that
25
five-year period that will be coordinated with other
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1
elements of the Department of Energy, with the De-
2
partment of Defense, and with other Federal agen-
3
cies, to maximize efficiency and avoid redundancies.
4
‘‘(15) A summary of the technologies and capa-
5
bilities documented under section 6160(a).
6
7
‘‘(16) A summary of the assessments conducted
under section 6160(b)(1).
8
9
‘‘(17) Such other matters as the Administrator
considers appropriate.
10 ‘‘§ 6160. Information relating to certain defense nu11
clear nonproliferation programs
12
‘‘(a) TECHNOLOGIES AND CAPABILITIES.—The Ad-
13 ministrator shall document, for efforts that are not fo14 cused on basic research, the technologies and capabilities
15 of the defense nuclear nonproliferation research and devel16 opment program that—
17
18
‘‘(1) are transitioned to end users for further
development or deployment; and
19
20
‘‘(2) are deployed.
‘‘(b) ASSESSMENTS OF STATUS.—
21
‘‘(1) In assessing projects under the defense nu-
22
clear nonproliferation research and development pro-
23
gram or the defense nuclear nonproliferation and
24
arms control program, the Administrator shall com-
25
pare the status of each such project, including with
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1
respect to the final results of such project, to the
2
baseline targets and goals established in the initial
3
project plan of such project.
4
‘‘(2) The Administrator may carry out para-
5
graph (1) using a common template or such other
6
means as the Administrator determines appropriate.
7 ‘‘§ 6161. Annual Selected Acquisition Reports on cer8
tain hardware relating to defense nuclear
9
nonproliferation
10
‘‘(a) ANNUAL SELECTED ACQUISITION REPORTS.—
11
‘‘(1) IN GENERAL.—At the end of each fiscal
12
year, the Administrator shall submit to the congres-
13
sional defense committees a report on each covered
14
hardware project. The reports shall be known as Se-
15
lected Acquisition Reports for the covered hardware
16
project concerned.
17
‘‘(2) MATTERS
INCLUDED.—The
information
18
contained in the Selected Acquisition Report for a
19
fiscal year for a covered hardware project shall be
20
the information contained in the Selected Acquisition
21
Report for such fiscal year for a major defense ac-
22
quisition program under section 4351 or any suc-
23
cessor system, expressed in terms of the covered
24
hardware project.
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1
‘‘(b) COVERED HARDWARE PROJECT DEFINED.—In
2 this section, the term ‘covered hardware project’ means
3 a project carried out under the defense nuclear non4 proliferation research and development program that—
5
‘‘(1) is focused on the production and deploy-
6
ment of hardware, including with respect to the de-
7
velopment and deployment of satellites or satellite
8
payloads; and
9
10
‘‘(2) exceeds $500,000,000 in total program
cost over the course of five years.
11
‘‘CHAPTER 604—DEFENSE
12
ENVIRONMENTAL CLEANUP MATTERS
13
‘‘SUBCHAPTER I—DEFENSE ENVIRONMENTAL
14
CLEANUP
15 ‘‘§ 6171. Defense environmental cleanup account
16
‘‘(a) ESTABLISHMENT.—There is hereby established
17 in the Treasury of the United States for the Department
18 of Energy an account to be known as the ‘Defense Envi19 ronmental Cleanup Account’ (hereafter in this section re20 ferred to as the ‘Account’).
21
‘‘(b) AMOUNTS IN ACCOUNT.—All sums appropriated
22 to the Department of Energy for defense environmental
23 cleanup at defense nuclear facilities shall be credited to
24 the Account. Such appropriations shall be authorized an25 nually by law. To the extent provided in appropriations
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1 Acts, amounts in the Account shall remain available until
2 expended.
3 ‘‘§ 6172. Classification of defense environmental
4
cleanup as capital asset projects or oper-
5
ations activities
6
‘‘The Assistant Secretary of Energy for Environ-
7 mental Management, in consultation with other appro8 priate officials of the Department of Energy, shall estab9 lish requirements for the classification of defense environ10 mental cleanup projects as capital asset projects or oper11 ations activities.
12 ‘‘§ 6173. Requirement to develop future use plans for
13
14
defense environmental cleanup
‘‘(a)
AUTHORITY
TO
DEVELOP
FUTURE
USE
15 PLANS.—The Secretary of Energy may develop future use
16 plans for any defense nuclear facility at which defense en17 vironmental cleanup activities are occurring.
18
‘‘(b) REQUIREMENT
TO
DEVELOP FUTURE USE
19 PLANS.—The Secretary shall develop a future use plan for
20 each of the following defense nuclear facilities:
21
‘‘(1) Hanford Site, Richland, Washington.
22
‘‘(2) Savannah River Site, Aiken, South Caro-
23
lina.
24
25
‘‘(3) Idaho National Engineering Laboratory,
Idaho.
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1
‘‘(c) CITIZEN ADVISORY BOARD.—
2
‘‘(1) At each defense nuclear facility for which
3
the Secretary of Energy intends or is required to de-
4
velop a future use plan under this section and for
5
which no citizen advisory board has been established,
6
the Secretary shall establish a citizen advisory
7
board.
8
‘‘(2) The Secretary may authorize the manager
9
of a defense nuclear facility for which a future use
10
plan is developed under this section (or, if there is
11
no such manager, an appropriate official of the De-
12
partment of Energy designated by the Secretary) to
13
pay routine administrative expenses of a citizen advi-
14
sory board established for that facility. Such pay-
15
ments shall be made from funds available to the Sec-
16
retary for defense environmental cleanup activities
17
necessary for national security programs.
18
‘‘(d) REQUIREMENT TO CONSULT WITH CITIZEN AD-
19
VISORY BOARD.—In developing a future use plan under
20 this section with respect to a defense nuclear facility, the
21 Secretary of Energy shall consult with a citizen advisory
22 board established pursuant to subsection (c) or a similar
23 advisory board already in existence as of September 23,
24 1996, for such facility, affected local governments (includ-
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1 ing any local future use redevelopment authorities), and
2 other appropriate State agencies.
3
‘‘(e) 50-YEAR PLANNING PERIOD.—A future use plan
4 developed under this section shall cover a period of at least
5 50 years.
6
‘‘(f) REPORT.—Not later than 60 days after com-
7 pleting development of a final plan for a site listed in sub8 section (b), the Secretary of Energy shall submit to Con9 gress a report on the plan. The report shall describe the
10 plan and contain such findings and recommendations with
11 respect to the site as the Secretary considers appropriate.
12
‘‘(g) SAVINGS PROVISIONS.—
13
‘‘(1) Nothing in this section, or in a future use
14
plan developed under this section with respect to a
15
defense nuclear facility, shall be construed as requir-
16
ing any modification to a future use plan with re-
17
spect to a defense nuclear facility that was developed
18
before September 23, 1996.
19
‘‘(2) Nothing in this section may be construed
20
to affect statutory requirements for a defense envi-
21
ronmental cleanup activity or project or to modify or
22
otherwise affect applicable statutory or regulatory
23
defense environmental cleanup requirements, includ-
24
ing substantive standards intended to protect public
25
health and the environment, nor shall anything in
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1
this section be construed to preempt or impair any
2
local land use planning or zoning authority or State
3
authority.
4 ‘‘§ 6174. Future-years defense environmental cleanup
5
6
plan
‘‘(a) IN GENERAL.—The Secretary of Energy shall
7 submit to Congress each year, at or about the same time
8 that the President’s budget is submitted to Congress for
9 a fiscal year under section 1105(a) of title 31, a future10 years defense environmental cleanup plan that—
11
‘‘(1) reflects the estimated expenditures and
12
proposed appropriations included in that budget for
13
the Department of Energy for defense environmental
14
cleanup; and
15
‘‘(2) covers a period that includes the fiscal
16
year for which that budget is submitted and not less
17
than the four succeeding fiscal years.
18
‘‘(b) ELEMENTS.—Each future-years defense envi-
19 ronmental cleanup plan required by subsection (a) shall
20 contain the following:
21
‘‘(1) A detailed description of the projects and
22
activities relating to defense environmental cleanup
23
to be carried out during the period covered by the
24
plan at the sites specified in subsection (c) and with
25
respect to the activities specified in subsection (d).
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1
‘‘(2) A statement of proposed budget authority,
2
estimated expenditures, and proposed appropriations
3
necessary to support such projects and activities.
4
5
‘‘(3) With respect to each site specified in subsection (c), the following:
6
‘‘(A) A statement of each milestone in-
7
cluded in an enforceable agreement governing
8
cleanup and waste remediation for that site for
9
each fiscal year covered by the plan.
10
‘‘(B) For each such milestone, a statement
11
with respect to whether each such milestone will
12
be met in each such fiscal year.
13
‘‘(C) For any milestone that will not be
14
met, an explanation of why the milestone will
15
not be met and the date by which the milestone
16
is expected to be met.
17
‘‘(D) For any milestone that has been
18
missed, renegotiated, or postponed, a statement
19
of the current milestone, the original milestone,
20
and any interim milestones.
21
‘‘(c) SITES SPECIFIED.—The sites specified in this
22 subsection are the following:
23
‘‘(1) The Idaho National Laboratory, Idaho.
24
‘‘(2) The Waste Isolation Pilot Plant, Carlsbad,
25
New Mexico.
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1
2
‘‘(3) The Savannah River Site, Aiken, South
Carolina.
3
4
‘‘(4) The Oak Ridge National Laboratory, Oak
Ridge, Tennessee.
5
‘‘(5) The Hanford Site, Richland, Washington.
6
‘‘(6) Any defense closure site of the Depart-
7
ment of Energy.
8
‘‘(7) Any site of the National Nuclear Security
9
Administration.
10
‘‘(d) ACTIVITIES SPECIFIED.—The activities specified
11 in this subsection are the following:
12
‘‘(1) Program support.
13
‘‘(2) Program direction.
14
‘‘(3) Safeguards and security.
15
‘‘(4) Technology development and deployment.
16
‘‘(5) Federal contributions to the Uranium En-
17
richment Decontamination and Decommissioning
18
Fund established under section 1801 of the Atomic
19
Energy Act of 1954 (42 U.S.C. 2297g).
20 ‘‘§ 6175. Accelerated schedule for defense environ21
22
mental cleanup activities
‘‘(a) ACCELERATED CLEANUP.—The Secretary of
23 Energy shall accelerate the schedule for defense environ24 mental cleanup activities and disposition projects for a site
25 at a Department of Energy defense nuclear facility if the
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1 Secretary determines that such an accelerated schedule
2 will accelerate the recapitalization, modernization, or re3 placement of National Nuclear Security Administration
4 facilities supporting the nuclear weapons stockpile, achieve
5 meaningful, long-term cost savings to the Federal Govern6 ment, or could substantially accelerate the release of land
7 for local reuse without undermining national security ob8 jectives.
9
‘‘(b) CONSIDERATION OF FACTORS.—In making a de-
10 termination under subsection (a), the Secretary shall con11 sider the following:
12
‘‘(1) The extent to which accelerated cleanup
13
schedules can contribute to a more rapid moderniza-
14
tion of National Nuclear Security Administration fa-
15
cilities.
16
17
‘‘(2) The cost savings achievable by the Federal
Government.
18
‘‘(3) The potential for reuse of the site.
19
‘‘(4) The risks that the site poses to local
20
health and safety.
21
‘‘(5) The proximity of the site to populated
22
areas.
23
‘‘(c) SAVINGS PROVISION.—Nothing in this section
24 may be construed to affect a specific statutory require25 ment for a specific defense environmental cleanup activity
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1 or project or to modify or otherwise affect applicable stat2 utory or regulatory defense environmental cleanup re3 quirements, including substantive standards intended to
4 protect public health and the environment.
5 ‘‘§ 6176. Defense environmental cleanup technology
6
7
program
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
8 of Energy shall establish and carry out a program of re9 search for the development of technologies useful for—
10
‘‘(1) the reduction of environmental hazards
11
and contamination resulting from defense waste; and
12
‘‘(2) environmental restoration of inactive de-
13
fense waste disposal sites.
14
‘‘(b) DEFINITIONS.—As used in this section:
15
‘‘(1) The term ‘defense waste’ means waste, in-
16
cluding radioactive waste, resulting primarily from
17
atomic energy defense activities of the Department
18
of Energy.
19
‘‘(2) The term ‘inactive defense waste disposal
20
site’ means any site (including any facility) under
21
the control or jurisdiction of the Secretary of Energy
22
which is used for the disposal of defense waste and
23
is closed to the disposal of additional defense waste,
24
including any site that is subject to decontamination
25
and decommissioning.
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1 ‘‘§ 6177. Other programs relating to technology devel2
3
opment
‘‘(a) INCREMENTAL TECHNOLOGY DEVELOPMENT
4 PROGRAM.—
5
‘‘(1) ESTABLISHMENT.—The Secretary may es-
6
tablish a program, to be known as the ‘Incremental
7
Technology Development Program’, to improve the
8
efficiency and effectiveness of the defense environ-
9
mental cleanup processes of the Office.
10
‘‘(2) FOCUS.—
11
‘‘(A) IMPROVEMENTS.—In carrying out the
12
Incremental Technology Development Program,
13
the Secretary shall focus on the continuous im-
14
provement of new or available technologies, in-
15
cluding—
16
17
‘‘(i) decontamination chemicals and
techniques;
18
‘‘(ii) remote sensing and wireless com-
19
munication to reduce manpower and lab-
20
oratory efforts;
21
22
‘‘(iii) detection, assay, and certification instrumentation; and
23
‘‘(iv) packaging materials, methods,
24
and shipping systems.
25
‘‘(B) OTHER AREAS.—The Secretary may
26
include in the Incremental Technology Develop-
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1
ment Program mission-relevant development,
2
demonstration, and deployment activities unre-
3
lated to the focus areas described in subpara-
4
graph (A).
5
‘‘(3) USE
6
OF
NEW
AND
EMERGING
TECH-
NOLOGIES.—
7
‘‘(A) DEVELOPMENT
AND
DEMONSTRA-
8
TION.—In carrying out the Incremental Tech-
9
nology Development Program, the Secretary
10
shall ensure that site offices of the Office con-
11
duct technology development, demonstration,
12
testing, permitting, and deployment of new and
13
emerging technologies to establish a sound tech-
14
nical basis for the selection of technologies for
15
defense environmental cleanup or infrastructure
16
operations.
17
‘‘(B) COLLABORATION
REQUIRED.—The
18
Secretary shall collaborate, to the extent prac-
19
ticable, with the heads of other departments
20
and agencies of the Federal Government, the
21
National Laboratories, other Federal labora-
22
tories, appropriate State regulators and agen-
23
cies, and the Department of Labor in the devel-
24
opment, demonstration, testing, permitting, and
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1
deployment of new technologies under the In-
2
cremental Technology Development Program.
3
‘‘(4) AGREEMENTS TO CARRY OUT PROJECTS.—
4
‘‘(A) AUTHORITY.—In carrying out the In-
5
cremental Technology Development Program,
6
the Secretary may enter into agreements with
7
nongovernmental entities for technology devel-
8
opment, demonstration, testing, permitting, and
9
deployment projects to improve technologies in
10
accordance with paragraph (2).
11
‘‘(B) SELECTION.—The Secretary shall se-
12
lect projects under subparagraph (A) through a
13
rigorous process that involves—
14
15
‘‘(i) transparent and open competition; and
16
‘‘(ii) a review process that, if prac-
17
ticable, is conducted in an independent
18
manner consistent with Department guid-
19
ance on selecting and funding public-pri-
20
vate partnerships.
21
‘‘(C) COST-SHARING.—The Federal share
22
of the costs of the development, demonstration,
23
testing, permitting, and deployment of new
24
technologies carried out under this paragraph
25
shall be not more than 70 percent.
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1
‘‘(D) BRIEFING.—Not later than 120 days
2
before the date on which the Secretary enters
3
into the first agreement under subparagraph
4
(A), the Secretary shall provide to the congres-
5
sional defense committees a briefing on the
6
process of selecting and funding efforts within
7
the Incremental Technology Development Pro-
8
gram, including with respect to the plans of the
9
Secretary to ensure a scientifically rigorous
10
process that minimizes potential conflicts of in-
11
terest.
12
‘‘(b) HIGH-IMPACT TECHNOLOGY DEVELOPMENT
13 PROGRAM.—
14
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
15
tablish a program, to be known as the ‘High-Impact
16
Technology Development Program’, under which the
17
Secretary shall enter into agreements with non-
18
governmental entities for projects that pursue tech-
19
nologies that, with respect to the mission—
20
21
22
23
24
25
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‘‘(A) holistically address difficult challenges;
‘‘(B) hold the promise of breakthrough improvements; or
‘‘(C) align existing or in-use technologies
with difficult challenges.
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1
‘‘(2) AREAS OF FOCUS.—The Secretary may in-
2
clude as areas of focus for a project carried out
3
under the High-Impact Technology Development
4
Program the following:
5
‘‘(A) Developing and demonstrating im-
6
proved methods for source and plume charac-
7
terization and monitoring, with an emphasis
8
on—
9
‘‘(i) real-time field acquisition; and
10
‘‘(ii) the use of indicator species anal-
11
yses with advanced contaminant transport
12
models to enable better understanding of
13
contaminant migration.
14
‘‘(B) Developing and determining the lim-
15
its of performance for remediation technologies
16
and integrated remedial systems that prevent
17
migration of contaminants, including by pro-
18
ducing associated guidance and design manuals
19
for technologies that could be widely used
20
across the complex.
21
‘‘(C) Demonstrating advanced monitoring
22
approaches that use multiple lines of evidence
23
for monitoring long-term performance of—
24
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1
‘‘(ii) noninvasive near-field monitoring
2
techniques.
3
‘‘(D) Developing and demonstrating meth-
4
ods to characterize the physical and chemical
5
attributes of waste that control behavior, with
6
an emphasis on—
7
8
‘‘(i) rapid and nondestructive examination and assay techniques; and
9
‘‘(ii) methods to determine radio-nu-
10
clide, heavy metals, and organic constitu-
11
ents.
12
‘‘(E) Demonstrating the technical basis for
13
determining when enhanced or natural attenu-
14
ation is an appropriate approach for remedi-
15
ation of complex sites.
16
‘‘(F) Developing and demonstrating inno-
17
vative methods to achieve real-time and, if prac-
18
ticable, in situ characterization data for tank
19
waste and process streams that could be useful
20
for all phases of the waste management pro-
21
gram, including improving the accuracy and
22
representativeness of characterization data for
23
residual waste in tanks and ancillary equip-
24
ment.
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1
‘‘(G) Adapting existing waste treatment
2
technologies or demonstrating new waste treat-
3
ment technologies at the pilot plant scale using
4
real wastes or realistic surrogates—
5
6
‘‘(i) to address engineering adaptations;
7
‘‘(ii) to ensure compliance with waste
8
treatment standards and other applicable
9
requirements under Federal and State law
10
and any existing agreements or consent de-
11
crees to which the Department is a party;
12
and
13
‘‘(iii) to enable successful deployment
14
at full-scale and in support of operations.
15
‘‘(H) Developing and demonstrating rapid
16
testing protocols that—
17
‘‘(i) are accepted by the Environ-
18
mental Protection Agency, the Nuclear
19
Regulatory Commission, the Department,
20
and the scientific community;
21
‘‘(ii) can be used to measure long-
22
term waste form performance under real-
23
istic disposal environments;
24
25
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‘‘(iii) can determine whether a stabilized waste is suitable for disposal; and
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1
‘‘(iv) reduce the need for extensive,
2
time-consuming, and costly analyses on
3
every batch of waste prior to disposal.
4
‘‘(I) Developing and demonstrating direct
5
stabilization technologies to provide waste forms
6
for disposing of elemental mercury.
7
‘‘(J) Developing and demonstrating inno-
8
vative and effective retrieval methods for re-
9
moval of waste residual materials from tanks
10
and ancillary equipment, including mobile re-
11
trieval equipment or methods capable of imme-
12
diately removing waste from leaking tanks, and
13
connecting pipelines.
14
‘‘(3) PROJECT SELECTION.—
15
‘‘(A) SELECTION.—The Secretary shall se-
16
lect projects to be carried out under the High-
17
Impact
18
through a rigorous process that involves—
19
20
Technology
Development
Program
‘‘(i) transparent and open competition; and
21
‘‘(ii) a review process that, if prac-
22
ticable, is conducted in an independent
23
manner consistent with Department guid-
24
ance on selecting and funding public-pri-
25
vate partnerships.
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1
‘‘(B) BRIEFING.—Not later than 120 days
2
before the date on which the Secretary enters
3
into the first agreement under paragraph (1),
4
the Secretary shall provide to the congressional
5
defense committees a briefing on the process of
6
selecting and funding efforts within the High-
7
Impact Technology Development Program, in-
8
cluding with respect to the plans of the Sec-
9
retary to ensure a scientifically rigorous process
10
that minimizes potential conflicts of interest.
11
‘‘(c) ENVIRONMENTAL MANAGEMENT UNIVERSITY
12 PROGRAM.—
13
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
14
tablish a program, to be known as the ‘Environ-
15
mental Management University Program’, to—
16
‘‘(A) engage faculty, post-doctoral fellows
17
or researchers, and graduate students of insti-
18
tutions of higher education on subjects relating
19
to the mission to show a clear path for students
20
for employment within the environmental man-
21
agement enterprise;
22
‘‘(B) provide institutions of higher edu-
23
cation and the Department access to advances
24
in engineering and science;
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1
‘‘(C) clearly identify to institutions of high-
2
er education the tools necessary to enter into
3
the environmental management field profes-
4
sionally; and
5
‘‘(D) encourage current employees of the
6
Department to pursue advanced degrees.
7
‘‘(2) AREAS OF FOCUS.—The Secretary may in-
8
clude as areas of focus for a grant made under the
9
Environmental Management University Program the
10
following:
11
12
13
14
‘‘(A) The atomic- and molecular-scale
chemistries of waste processing.
‘‘(B) Contaminant immobilization in engineered and natural systems.
15
‘‘(C) Developing innovative materials, with
16
an emphasis on nanomaterials or biomaterials,
17
that could enable sequestration of challenging
18
hazardous or radioactive constituents such as
19
technetium and iodine.
20
21
22
23
24
25
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‘‘(D) Elucidating and exploiting complex
speciation and reactivity far from equilibrium.
‘‘(E) Understanding and controlling chemical and physical processes at interfaces.
‘‘(F) Harnessing physical and chemical
processes to revolutionize separations.
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1708
1
‘‘(G) Tailoring waste forms for contami-
2
nants in harsh chemical environments.
3
‘‘(H) Predicting and understanding sub-
4
surface system behavior and response to pertur-
5
bations.
6
‘‘(3) INDIVIDUAL RESEARCH GRANTS.—In car-
7
rying out the Environmental Management University
8
Program, the Secretary may make individual re-
9
search grants to faculty, post-doctoral fellows or re-
10
searchers, and graduate students of institutions of
11
higher education for three-year research projects,
12
with an option for an extension of one additional
13
two-year period.
14
‘‘(4) GRANTS
FOR
INTERDISCIPLINARY
COL-
15
LABORATIONS.—In carrying out the Environmental
16
Management University Program, the Secretary may
17
make research grants for strategic partnerships
18
among scientists, faculty, post-doctoral fellows or re-
19
searchers, and graduate students of institutions of
20
higher education for three-year research projects.
21
‘‘(5) HIRING OF UNDERGRADUATES.—In car-
22
rying out the Environmental Management University
23
Program, the Secretary may establish a summer in-
24
ternship program for undergraduates of institutions
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1709
1
of higher education to work on projects relating to
2
environmental management.
3
‘‘(6) WORKSHOPS.—In carrying out the Envi-
4
ronmental Management University Program, the
5
Secretary may hold workshops with the Office of
6
Environmental Management, the Office of Science,
7
and members of academia and industry concerning
8
environmental management challenges and solutions.
9
‘‘(d) DEFINITIONS.—In this section:
10
11
‘‘(1) The term ‘complex’ means all sites managed in whole or in part by the Office.
12
13
‘‘(2) The term ‘Department’ means the Department of Energy.
14
‘‘(3) The term ‘institution of higher education’
15
has the meaning given the term in section 101(a) of
16
the Higher Education Act of 1965 (20 U.S.C.
17
1001(a)).
18
19
‘‘(4) The term ‘mission’ means the mission of
the Office.
20
‘‘(5) The term ‘National Laboratory’ has the
21
meaning given the term in section 2 of the Energy
22
Policy Act of 2005 (42 U.S.C. 15801).
23
24
‘‘(6) The term ‘Office’ means the Office of Environmental Management of the Department.
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1
‘‘(7) The term ‘Secretary’ means the Secretary
2
of Energy, acting through the Assistant Secretary
3
for Environmental Management.
4 ‘‘§ 6178. Report on defense environmental cleanup ex5
6
penditures
‘‘Each year, at the same time the President submits
7 to Congress the budget for a fiscal year (pursuant to sec8 tion 1105 of title 31), the Secretary of Energy shall sub9 mit to Congress a report on how the defense environ10 mental cleanup funds of the Department of Energy were
11 expended during the fiscal year preceding the fiscal year
12 during which the budget is submitted. The report shall
13 include details on expenditures by operations office, instal14 lation, budget category, and activity. The report also shall
15 include any schedule changes or modifications to planned
16 activities for the fiscal year in which the budget is sub17 mitted.
18 ‘‘§ 6179. Public participation in planning for defense
19
20
environmental cleanup
‘‘ The Secretary of Energy shall consult with the Ad-
21 ministrator of the Environmental Protection Agency, the
22 Attorney General, Governors and attorneys general of af23 fected States, appropriate representatives of affected In24 dian tribes, and interested members of the public in any
25 planning conducted by the Secretary for defense environ-
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1 mental cleanup activities at Department of Energy defense
2 nuclear facilities.
3 ‘‘§ 6180. Policy of Department of Energy regarding fu4
ture defense environmental management
5
matters
6
‘‘(a) POLICY REQUIRED.—
7
‘‘(1) Commencing not later than October 1,
8
2005, the Secretary of Energy shall have in effect
9
a policy for carrying out future defense environ-
10
mental management matters of the Department of
11
Energy. The policy shall specify each officer within
12
the Department with responsibilities for carrying out
13
that policy and, for each such officer, the nature and
14
extent of those responsibilities.
15
‘‘(2) In paragraph (1), the term ‘future defense
16
environmental management matter’ means any envi-
17
ronmental cleanup project, decontamination and de-
18
commissioning project, waste management project,
19
or related activity that arises out of the activities of
20
the Department in carrying out programs necessary
21
for national security and is to be commenced after
22
November 24, 2003. However, such term does not
23
include any such project or activity the responsibility
24
for which has been assigned, as of November 24,
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1
2003, to the Environmental Management program
2
of the Department.
3
‘‘(b) REFLECTION IN BUDGET.—For fiscal year 2006
4 and each fiscal year thereafter, the Secretary shall ensure
5 that the budget justification materials submitted to Con6 gress in support of the Department of Energy budget for
7 such fiscal year (as submitted with the budget of the
8 President under section 1105(a) of title 31) reflect the
9 policy required by subsection (a).
10
‘‘(c) CONSULTATION.—The Secretary shall carry out
11 this section in consultation with the Administrator for Nu12 clear Security and the Under Secretary of Energy for En13 ergy, Science, and Environment.
14
‘‘(d) REPORT.—The Secretary shall include with the
15 budget justification materials submitted to Congress in
16 support of the Department of Energy budget for fiscal
17 year 2005 (as submitted with the budget of the President
18 under section 1105(a) of title 31) a report on the policy
19 that the Secretary plans to have in effect under subsection
20 (a) as of October 1, 2005. The report shall specify the
21 officers and responsibilities referred to in subsection (a).
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1 ‘‘§ 6181. Estimation of costs of meeting defense envi2
ronmental cleanup milestones required
3
by consent orders
4
‘‘The Secretary of Energy shall include in the budget
5 justification materials submitted to Congress in support
6 of the Department of Energy budget for each fiscal year
7 (as submitted with the budget of the President under sec8 tion 1105(a) of title 31) a report on the cost, for that
9 fiscal year and the four fiscal years following that fiscal
10 year, of meeting milestones required by a consent order
11 at each defense nuclear facility at which defense environ12 mental cleanup activities are occurring. The report shall
13 include, for each such facility—
14
15
‘‘(1) a specification of the cost of meeting such
milestones during that fiscal year; and
16
‘‘(2) an estimate of the cost of meeting such
17
milestones during the four fiscal years following that
18
fiscal year.
19 ‘‘§ 6182. Public statement of environmental liabilities
20
‘‘ Each year, at the same time that the Department
21 of Energy submits its annual financial report under sec22 tion 3516 of title 31, the Secretary of Energy shall make
23 available to the public a statement of environmental liabil24 ities, as calculated for the most recent audited financial
25 statement of the Department under section 3515 of that
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1714
1 title, for each defense nuclear facility at which defense en2 vironmental cleanup activities are occurring.
3
‘‘SUBCHAPTER II—CLOSURE OF FACILITIES
4 ‘‘§ 6191. Reports in connection with permanent clo5
sures of Department of Energy defense
6
nuclear facilities
7
‘‘(a) TRAINING
AND
JOB PLACEMENT SERVICES
8 PLAN.—Not later than 120 days before a Department of
9 Energy defense nuclear facility permanently ceases all pro10 duction and processing operations, the Secretary of En11 ergy shall submit to the Committees on Armed Services
12 of the Senate and the House of Representatives a report
13 containing a discussion of the training and job placement
14 services needed to enable the employees at such facility
15 to obtain employment in the defense environmental clean16 up activities at such facility. The discussion shall include
17 the actions that should be taken by the contractor oper18 ating and managing such facility to provide retraining and
19 job placement services to employees of such contractor.
20
‘‘(b) CLOSURE REPORT.—Upon the permanent ces-
21 sation of production operations at a Department of En22 ergy defense nuclear facility, the Secretary of Energy shall
23 submit to Congress a report containing—
24
25
‘‘(1) a complete survey of environmental problems at the facility;
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1715
1
‘‘(2) budget quality data indicating the cost of
2
defense environmental cleanup activities at the facil-
3
ity; and
4
5
‘‘(3) a discussion of the proposed cleanup
schedule.
6 ‘‘§ 6192. Defense site acceleration completion
7
‘‘(a) IN GENERAL.—Notwithstanding the provisions
8 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
9 10101 et seq.), the requirements of section 202 of the En10 ergy Reorganization Act of 1974 (42 U.S.C. 5842), and
11 other laws that define classes of radioactive waste, with
12 respect to material stored at a Department of Energy site
13 at which activities are regulated by a covered State pursu14 ant to approved closure plans or permits issued by the
15 State, the term ‘high-level radioactive waste’ does not in16 clude radioactive waste resulting from the reprocessing of
17 spent nuclear fuel that the Secretary of Energy (in this
18 section referred to as the ‘Secretary’), in consultation with
19 the Nuclear Regulatory Commission (in this section re20 ferred to as the ‘Commission’), determines—
21
‘‘(1) does not require permanent isolation in a
22
deep geologic repository for spent fuel or high-level
23
radioactive waste;
24
25
‘‘(2) has had highly radioactive radionuclides
removed to the maximum extent practical; and
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1
‘‘(3)(A) does not exceed concentration limits for
2
Class C low-level waste as set out in section 61.55
3
of title 10, Code of Federal Regulations, and will be
4
disposed of—
5
‘‘(i) in compliance with the performance
6
objectives set out in subpart C of part 61 of
7
title 10, Code of Federal Regulations; and
8
‘‘(ii) pursuant to a State-approved closure
9
plan or State-issued permit, authority for the
10
approval or issuance of which is conferred on
11
the State outside of this section; or
12
‘‘(B) exceeds concentration limits for Class
13
C low-level waste as set out in section 61.55 of
14
title 10, Code of Federal Regulations, but will
15
be disposed of—
16
‘‘(i) in compliance with the performance
17
objectives set out in subpart C of part 61 of
18
title 10, Code of Federal Regulations;
19
‘‘(ii) pursuant to a State-approved closure
20
plan or State-issued permit, authority for the
21
approval or issuance of which is conferred on
22
the State outside of this section; and
23
‘‘(iii) pursuant to plans developed by the
24
Secretary in consultation with the Commission.
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1717
1
‘‘(b) MONITORING BY NUCLEAR REGULATORY COM-
2
MISSION.—(1) The Commission shall, in coordination with
3 the covered State, monitor disposal actions taken by the
4 Department of Energy pursuant to subparagraphs (A)
5 and (B) of subsection (a)(3) for the purpose of assessing
6 compliance with the performance objectives set out in sub7 part C of part 61 of title 10, Code of Federal Regulations.
8
‘‘(2) If the Commission considers any disposal actions
9 taken by the Department of Energy pursuant to those
10 subparagraphs to be not in compliance with those per11 formance objectives, the Commission shall, as soon as
12 practicable after discovery of the noncompliant conditions,
13 inform the Department of Energy, the covered State, and
14 the following congressional committees:
15
‘‘(A) The Committee on Armed Services, the
16
Committee on Energy and Commerce, and the Com-
17
mittee on Appropriations of the House of Represent-
18
atives.
19
‘‘(B) The Committee on Armed Services, the
20
Committee on Energy and Natural Resources, the
21
Committee on Environment and Public Works, and
22
the Committee on Appropriations of the Senate.
23
‘‘(3) For fiscal year 2005, the Secretary shall, from
24 amounts available for defense site acceleration completion,
25 reimburse the Commission for all expenses, including sala-
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1718
1 ries, that the Commission incurs as a result of perform2 ance under subsection (a) and this subsection for fiscal
3 year 2005. The Department of Energy and the Commis4 sion may enter into an interagency agreement that speci5 fies the method of reimbursement. Amounts received by
6 the Commission for performance under subsection (a) and
7 this subsection may be retained and used for salaries and
8 expenses associated with those activities, notwithstanding
9 section 3302 of title 31, and shall remain available until
10 expended.
11
‘‘(4) For fiscal years after 2005, the Commission
12 shall include in the budget justification materials sub13 mitted to Congress in support of the Commission budget
14 for that fiscal year (as submitted with the budget of the
15 President under section 1105(a) of title 31) the amounts
16 required, not offset by revenues, for performance under
17 subsection (a) and this subsection.
18
‘‘(c) INAPPLICABILITY TO CERTAIN MATERIALS.—
19 Subsection (a) shall not apply to any material otherwise
20 covered by that subsection that is transported from the
21 covered State.
22
‘‘(d) COVERED STATES.—For purposes of this sec-
23 tion, the following States are covered States:
24
‘‘(1) The State of South Carolina.
25
‘‘(2) The State of Idaho.
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1719
1
‘‘(e) CONSTRUCTION.—(1) Nothing in this section
2 shall impair, alter, or modify the full implementation of
3 any Federal Facility Agreement and Consent Order or
4 other applicable consent decree for a Department of En5 ergy site.
6
‘‘(2) Nothing in this section establishes any precedent
7 or is binding on the State of Washington, the State of
8 Oregon, or any other State not covered by subsection (d)
9 for the management, storage, treatment, and disposition
10 of radioactive and hazardous materials.
11
‘‘(3) Nothing in this section amends the definition of
12 ’transuranic waste’ or regulations for repository disposal
13 of transuranic waste pursuant to the Waste Isolation Pilot
14 Plant Land Withdrawal Act (Public Law 102–579; 106
15 Stat. 4777) or part 191 of title 40, Code of Federal Regu16 lations.
17
‘‘(4) Nothing in this section shall be construed to af-
18 fect in any way the obligations of the Department of En19 ergy to comply with section 6154.
20
‘‘(5) Nothing in this section amends the West Valley
21 Demonstration Act (Public Law 96–368; 42 U.S.C. 2021a
22 note).
23
‘‘(f) JUDICIAL REVIEW.—Judicial review shall be
24 available in accordance with chapter 7 of title 5, for the
25 following:
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1720
1
‘‘(1) Any determination made by the Secretary
2
or any other agency action taken by the Secretary
3
pursuant to this section.
4
5
‘‘(2) Any failure of the Commission to carry out
its responsibilities under subsection (b).
6 ‘‘§ 6193. Sandia National Laboratories
7
‘‘Funds appropriated by the Consolidated Appropria-
8 tions Act, 2004 (Public Law 108–199; 118 Stat. 3), or
9 any other Act thereafter, may not be obligated to pay, on
10 behalf of the United States or a contractor or subcon11 tractor of the United States, to post a bond or fulfill any
12 other financial responsibility requirement relating to clo13 sure or post-closure care and monitoring of Sandia Na14 tional Laboratories and properties held or managed by
15 Sandia National Laboratories prior to implementation of
16 closure or post-closure monitoring. The State of New Mex17 ico or any other entity may not enforce against the United
18 States or a contractor or subcontractor of the United
19 States, in this year or any other fiscal year, a requirement
20 to post bond or any other financial responsibility require21 ment relating to closure or postclosure care and moni22 toring of Sandia National Laboratories in New Mexico and
23 properties held or managed by Sandia National Labora24 tories in New Mexico.
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1 ‘‘§ 6194. Plan for deactivation and decommissioning
2
of nonoperational defense nuclear facili-
3
ties
4
‘‘(a) IN GENERAL.—The Secretary of Energy shall,
5 every four years beginning in 2025, develop and subse6 quently carry out a plan for the activities of the Depart7 ment of Energy relating to the deactivation and decommis8 sioning of nonoperational defense nuclear facilities.
9
‘‘(b) ELEMENTS.—The plan required by subsection
10 (a) shall include the following:
11
‘‘(1) A list of nonoperational defense nuclear fa-
12
cilities, prioritized for deactivation and decommis-
13
sioning based on the potential to reduce risks to
14
human health, property, or the environment and to
15
maximize cost savings.
16
‘‘(2) An assessment of the life cycle costs of
17
each nonoperational defense nuclear facility during
18
the period beginning on the date on which the plan
19
is submitted under subsection (d) and ending on the
20
earlier of—
21
22
23
24
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‘‘(A) the date that is 25 years after the
date on which the plan is submitted; or
‘‘(B) the estimated date for deactivation
and decommissioning of the facility.
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1722
1
‘‘(3) An estimate of the cost and time needed
2
to deactivate and decommission each nonoperational
3
defense nuclear facility.
4
‘‘(4) A schedule for when the Office of Environ-
5
mental Management will accept each nonoperational
6
defense nuclear facility for deactivation and decom-
7
missioning.
8
9
‘‘(5) An estimate of costs that could be avoided
by—
10
‘‘(A) accelerating the cleanup of non-
11
operational defense nuclear facilities; or
12
‘‘(B) other means, such as reusing such fa-
13
14
cilities for another purpose.
‘‘(c) PLAN FOR TRANSFER OF RESPONSIBILITY FOR
15 CERTAIN FACILITIES.—The Secretary shall, during 2025,
16 develop and subsequently carry out a plan under which
17 the Administrator shall transfer, by March 31, 2029, to
18 the Assistant Secretary for Environmental Management
19 the responsibility for decontaminating and decommis20 sioning facilities of the Administration that the Secretary
21 determines are nonoperational as of September 30, 2024.
22
‘‘(d) SUBMISSION TO CONGRESS.—Not later than
23 March 31, 2025, and every four years thereafter, the Sec24 retary shall submit to the appropriate congressional com25 mittees a report that includes—
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1723
1
‘‘(1) the plan required by subsection (a);
2
‘‘(2) a description of the deactivation and de-
3
commissioning actions expected to be taken during
4
the following fiscal year pursuant to the plan;
5
6
‘‘(3) in the case of the report submitted during
2025, the plan required by subsection (c); and
7
‘‘(4) a description of the deactivation and de-
8
commissioning actions taken at each nonoperational
9
defense nuclear facility during the period following
10
the date on which the previous report required by
11
this section was submitted.
12
‘‘(e) TERMINATION.—The requirements of this sec-
13 tion shall terminate after the submission to the appro14 priate congressional committees of the report required by
15 subsection (d) to be submitted not later than March 31,
16 2033.
17
‘‘(f) DEFINITIONS.—In this section:
18
19
‘‘(1) The term ‘appropriate congressional committees’ means—
20
21
‘‘(A) the congressional defense committees;
and
22
‘‘(B) the Committee on Energy and Nat-
23
ural Resources of the Senate and the Com-
24
mittee on Energy and Commerce of the House
25
of Representatives.
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1724
1
2
‘‘(2) The term ‘life cycle costs’, with respect to
a facility, means—
3
‘‘(A) the present and future costs of all re-
4
sources and associated cost elements required
5
to develop, produce, deploy, or sustain the facil-
6
ity; and
7
‘‘(B) the present and future costs to de-
8
activate, decommission, and deconstruct the fa-
9
cility.
10
‘‘(3) The term ‘nonoperational defense nuclear
11
facility’ means a production facility or utilization fa-
12
cility (as those terms are defined in section 11 of the
13
Atomic Energy Act of 1954 (42 U.S.C. 2014))
14
under the control or jurisdiction of the Secretary of
15
Energy and operated for national security purposes
16
that is no longer needed for the mission of the De-
17
partment of Energy, including the National Nuclear
18
Security Administration.
19
‘‘SUBCHAPTER III—HANFORD RESERVATION,
20
WASHINGTON
21 ‘‘§ 6201. Safety measures for waste tanks at Hanford
22
23
Nuclear Reservation
‘‘(a)
IDENTIFICATION
AND
MONITORING
OF
24 TANKS.—Not later than February 3, 1991, the Secretary
25 of Energy shall identify which single-shelled or double-
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1725
1 shelled high-level nuclear waste tanks at the Hanford Nu2 clear Reservation, Richland, Washington, may have a seri3 ous potential for release of high-level waste due to uncon4 trolled increases in temperature or pressure. After com5 pleting such identification, the Secretary shall determine
6 whether continuous monitoring is being carried out to de7 tect a release or excessive temperature or pressure at each
8 tank so identified. If such monitoring is not being carried
9 out, as soon as practicable the Secretary shall install such
10 monitoring, but only if a type of monitoring that does not
11 itself increase the danger of a release can be installed.
12
‘‘(b) ACTION PLANS.—Not later than March 5, 1991,
13 the Secretary of Energy shall develop action plans to re14 spond to excessive temperature or pressure or a release
15 from any tank identified under subsection (a).
16
‘‘(c) PROHIBITION.—Beginning March 5, 1991, no
17 additional high-level nuclear waste (except for small
18 amounts removed and returned to a tank for analysis)
19 may be added to a tank identified under subsection (a)
20 unless the Secretary determines that no safer alternative
21 than adding such waste to the tank currently exists or that
22 the tank does not pose a serious potential for release of
23 high-level nuclear waste.
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1726
1 ‘‘§ 6202. Hanford waste tank cleanup program re2
forms
3
‘‘(a) ESTABLISHMENT OF OFFICE OF RIVER PRO-
4
TECTION.—The Secretary of Energy shall establish an of-
5 fice at the Hanford Reservation, Richland, Washington,
6 to be known as the ‘Office of River Protection’ (in this
7 section referred to as the ‘Office’).
8
9
‘‘(b) MANAGEMENT AND RESPONSIBILITIES OF OFFICE.—
10
‘‘(1) The Office shall be headed by a senior offi-
11
cial of the Department of Energy, who shall report
12
to the Assistant Secretary of Energy for Environ-
13
mental Management.
14
‘‘(2) The head of the Office shall be responsible
15
for managing all aspects of the River Protection
16
Project, Richland, Washington, including Hanford
17
Tank Farm operations and the Waste Treatment
18
Plant.
19
‘‘(3)(A) The Assistant Secretary of Energy for
20
Environmental Management shall delegate in writing
21
responsibility for the management of the River Pro-
22
tection Project, Richland, Washington, to the head
23
of the Office.
24
‘‘(B) Such delegation shall include, at a min-
25
imum, authorities for contracting, financial manage-
26
ment, safety, and general program management that
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1
are equivalent to the authorities of managers of
2
other operations offices of the Department of En-
3
ergy.
4
‘‘(C) The head of the Office shall, to the max-
5
imum extent possible, coordinate all activities of the
6
Office with the manager of the Richland Operations
7
Office of the Department of Energy.
8
‘‘(c) DEPARTMENT RESPONSIBILITIES.—The Sec-
9 retary shall provide the head of the Office with the re10 sources and personnel necessary to carry out the respon11 sibilities specified in subsection (b)(2).
12
‘‘(d) NOTIFICATION.—The Assistant Secretary of
13 Energy for Environmental Management shall submit to
14 the Committee on Armed Services of the Senate and the
15 Committee on Armed Services of the House of Represent16 atives written notification detailing any changes in the
17 roles, responsibilities, and reporting relationships that in18 volve the Office.
19
‘‘(e) TERMINATION.—The Office shall terminate on
20 September 30, 2024. The Office may be extended beyond
21 that date if the Assistant Secretary of Energy for Envi22 ronmental Management determines in writing that termi23 nation would disrupt effective management of the Hanford
24 Tank Farm operations.
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1 ‘‘§ 6203. River protection project
2
‘‘ The tank waste remediation system environmental
3 project, Richland, Washington, including all programs re4 lating to the retrieval and treatment of tank waste at the
5 site at Hanford, Washington, under the management of
6 the Office of River Protection, shall be known and des7 ignated as the ‘River Protection Project’. Any reference
8 to that project in any law, regulation, map, document,
9 record, or other paper of the United States shall be consid10 ered to be a reference to the River Protection Project.
11 ‘‘§ 6204. Notification regarding air release of radio12
13
active or hazardous material
‘‘If the Secretary of Energy (or a designee of the Sec-
14 retary) is notified of an improper release into the air of
15 radioactive or hazardous material above applicable statu16 tory or regulatory limits that resulted from waste gen17 erated by atomic energy defense activities at the Hanford
18 Nuclear Reservation, Richland, Washington, the Secretary
19 (or designee of the Secretary) shall—
20
‘‘(1) not later than two business days after
21
being notified of the release, notify the congressional
22
defense committees of the release; and
23
‘‘(2) not later than seven business days after
24
being notified of the release, provide the congres-
25
sional defense committees a briefing on the status of
26
the release, including—
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1
‘‘(A) the cause of the release, if known;
2
and
3
‘‘(B) preliminary plans to address and re-
4
mediate the release, including associated costs
5
and timelines.
6
‘‘SUBCHAPTER IV—SAVANNAH RIVER SITE,
7
SOUTH CAROLINA
8 ‘‘§ 6211. Accelerated schedule for isolating high-level
9
nuclear waste at the Defense Waste Proc-
10
essing Facility, Savannah River Site
11
‘‘The Secretary of Energy shall accelerate the sched-
12 ule for the isolation of high-level nuclear waste in glass
13 canisters at the Defense Waste Processing Facility at the
14 Savannah River Site, South Carolina, if the Secretary de15 termines that the acceleration of such schedule—
16
17
‘‘(1) will achieve long-term cost savings to the
Federal Government; and
18
‘‘(2) could accelerate the removal and isolation
19
of high-level nuclear waste from long-term storage
20
tanks at the site.
21 ‘‘§ 6212. Multi-year plan for clean-up
22
‘‘The Secretary of Energy shall develop and imple-
23 ment a multi-year plan for the clean-up of nuclear waste
24 at the Savannah River Site that results, or has resulted,
25 from the following:
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1
2
‘‘(1) Nuclear weapons activities carried out at
the site.
3
‘‘(2) The processing, treating, packaging, and
4
disposal of Department of Energy domestic and for-
5
eign spent nuclear fuel rods at the site.
6 ‘‘§ 6213. Continuation of processing, treatment, and
7
disposal of legacy nuclear materials
8
‘‘ The Secretary of Energy shall continue operations
9 and maintain a high state of readiness at the H–canyon
10 facility at the Savannah River Site, Aiken, South Carolina,
11 and shall provide technical staff necessary to operate and
12 so maintain such facility.
13
‘‘CHAPTER 605—SAFEGUARDS AND
14
SECURITY MATTERS
15 ‘‘SUBCHAPTER I—SAFEGUARDS AND SECURITY
16 ‘‘§ 6221. Prohibition on international inspections of
17
Department of Energy facilities unless
18
protection of restricted data is certified
19
‘‘The Secretary of Energy may not allow an inspec-
20 tion of a national security laboratory or nuclear weapons
21 production facility by the International Atomic Energy
22 Agency until the Secretary certifies to Congress that no
23 Restricted Data will be revealed during such inspection.
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1 ‘‘§ 6222. Restrictions on access to national security
2
laboratories by foreign visitors from sen-
3
sitive countries
4
‘‘(a) BACKGROUND REVIEW REQUIRED.—The Sec-
5 retary of Energy and the Administrator may not admit
6 to any facility described in paragraph (3) of subsection
7 (c) other than areas accessible to the general public any
8 individual who is a citizen or agent of a covered foreign
9 nation or a nation on the current sensitive countries list
10 unless the Secretary or Administrator first completes a
11 background review with respect to that individual.
12
13
‘‘(b) SENSE
OF
CONGRESS REGARDING BACK-
GROUND REVIEWS.—It is the sense of Congress that the
14 Secretary of Energy, the Director of the Federal Bureau
15 of Investigation, and the Director of National Intelligence
16 should ensure that background reviews carried out under
17 this section are completed in not more than 15 days.
18
‘‘(c) PROHIBITION ON ADMITTANCE.—
19
‘‘(1) IN GENERAL.—With respect to an indi-
20
vidual who is a citizen or agent of a covered foreign
21
nation, the Secretary and the Administrator may
22
not, except as provided in paragraph (2), admit such
23
individual to any areas not accessible to the general
24
public within a facility described in paragraph (3).
25
‘‘(2) WAIVER.—The Secretary, acting through
26
the Administrator, may waive the prohibition under
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1
paragraph (1) with respect to an individual who is
2
a citizen or agent of a covered foreign nation if, not
3
later than 30 days prior to admitting such individual
4
to a facility described in such paragraph, the Sec-
5
retary certifies to Congress that—
6
‘‘(A) the admittance of such individual to
7
the facility is in the national security interests
8
of the United States;
9
‘‘(B) no classified or restricted data will be
10
revealed to such individual in connection with
11
the admittance of such individual to the facility;
12
‘‘(C) the Secretary or Administrator has
13
consulted with the heads of other relevant de-
14
partments or agencies of the United States
15
Government to mitigate risks associated with
16
the admittance of such individual; and
17
‘‘(D) the background review completed to
18
subsection (a) with respect to such individual
19
did not uncover any previously unreported af-
20
filiation with military or intelligence organiza-
21
tions associated with a covered foreign nation.
22
‘‘(3) FACILITIES
DESCRIBED.—A
facility de-
23
scribed in this paragraph is a facility, or any portion
24
thereof, that directly supports the mission, func-
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1
tions, and operations of the Administration (as de-
2
scribed in this subpart) and is located on—
3
‘‘(A) a national security laboratory;
4
‘‘(B) a nuclear weapons production facility;
5
or
6
‘‘(C) a site that directly supports the pro-
7
tection, development, sustainment, or disposal
8
of technologies or materials related to the provi-
9
sion of nuclear propulsion for United States
10
naval vessels.
11
‘‘(4) EFFECTIVE DATE.—The prohibition under
12
paragraph (1) shall take effect on April 15, 2025.
13
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
14 tion shall be construed to limit or otherwise affect the au15 thority of the Secretary or the Administrator to—
16
17
‘‘(1) admit to a facility described in paragraph
(3) of subsection (c)—
18
19
‘‘(A) a citizen or lawful permanent resident
of the United States;
20
‘‘(B) an individual involved in an Inter-
21
national Atomic Energy Agency (IAEA) inspec-
22
tion (as defined in the ‘Agreement between the
23
United States and the IAEA for the Application
24
of Safeguards in the U.S.’); or
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1
‘‘(C) an individual involved in information
2
exchanges in support of activities of the United
3
States with respect to nonproliferation, counter-
4
proliferation, and counterterrorism, in accord-
5
ance with international treaties or other legally-
6
binding agreements or instruments to which the
7
United States is a party; or
8
‘‘(2) admit any individual to a facility, or any
9
portion thereof, that is not directly associated with
10
or directly funded to perform the mission, functions,
11
and operations of the Administration (as described
12
in this subpart).
13
‘‘(e) DEFINITIONS.—For purposes of this section:
14
‘‘(1) The term ‘background review’, commonly
15
known as an indices check, means a review of infor-
16
mation provided by the Director of National Intel-
17
ligence and the Director of the Federal Bureau of
18
Investigation regarding personal background, includ-
19
ing information relating to any history of criminal
20
activity or to any evidence of espionage.
21
‘‘(2) The term ‘covered foreign nation’ means—
22
‘‘(A) the People’s Republic of China;
23
‘‘(B) the Russian Federation;
24
‘‘(C) the Democratic People’s Republic of
25
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1
‘‘(D) the Islamic Republic of Iran.
2
‘‘(3) The term ‘sensitive countries list’ means
3
the list prescribed by the Secretary of Energy known
4
as the Department of Energy List of Sensitive
5
Countries.
6 ‘‘§ 6223. Background investigations of certain per7
sonnel at Department of Energy facilities
8
‘‘The Secretary of Energy shall ensure that an inves-
9 tigation meeting the requirements of section 145 of the
10 Atomic Energy Act of 1954 (42 U.S.C. 2165) is made for
11 each Department of Energy employee, or contractor em12 ployee, at a national security laboratory or nuclear weap13 ons production facility who—
14
‘‘(1) carries out duties or responsibilities in or
15
around a location where Restricted Data is present;
16
or
17
18
‘‘(2) has or may have regular access to a location where Restricted Data is present.
19 ‘‘§ 6224. Department of Energy counterintelligence
20
21
polygraph program
‘‘(a)
NEW
COUNTERINTELLIGENCE
POLYGRAPH
22 PROGRAM REQUIRED.—The Secretary of Energy shall
23 carry out, under regulations prescribed under this section,
24 a new counterintelligence polygraph program for the De25 partment of Energy. The purpose of the new program is
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1736
1 to minimize the potential for release or disclosure of classi2 fied data, materials, or information.
3
‘‘(b) AUTHORITIES AND LIMITATIONS.—
4
‘‘(1) The Secretary shall prescribe regulations
5
for the new counterintelligence polygraph program
6
required by subsection (a) in accordance with the
7
provisions of subchapter II of chapter 5 of title 5
8
(commonly referred to as the Administrative Proce-
9
dures Act).
10
‘‘(2) In prescribing regulations for the new pro-
11
gram, the Secretary shall take into account the re-
12
sults of the Polygraph Review.
13
‘‘(3) Not later than six months after obtaining
14
the results of the Polygraph Review, the Secretary
15
shall issue a notice of proposed rulemaking for the
16
new program.
17
‘‘(4) In the event of a counterintelligence inves-
18
tigation, the regulations prescribed under paragraph
19
(1) may ensure that the persons subject to the coun-
20
terintelligence polygraph program required by sub-
21
section (a) include any person who is—
22
‘‘(A) a national of the United States (as
23
such term is defined in section 101 of the Im-
24
migration and Nationality Act (8 U.S.C. 1101))
25
and also a national of a foreign state; and
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1
‘‘(B) an employee or contractor who re-
2
3
quires access to classified information.
‘‘(c) POLYGRAPH REVIEW DEFINED.—In this sec-
4 tion, the term ‘Polygraph Review’ means the review of the
5 Committee to Review the Scientific Evidence on the Poly6 graph of the National Academy of Sciences.
7 ‘‘§ 6225. Notice to congressional committees of certain
8
security and counterintelligence failures
9
within atomic energy defense programs
10
‘‘(a) REQUIRED NOTIFICATION.—The Secretary of
11 Energy shall submit to the Committees on Armed Services
12 of the Senate and House of Representatives a notification
13 of each significant atomic energy defense intelligence loss.
14 Any such notification shall be provided only after consulta15 tion with the Director of National Intelligence and the Di16 rector of the Federal Bureau of Investigation, as appro17 priate.
18
‘‘(b) SIGNIFICANT ATOMIC ENERGY DEFENSE IN-
19
TELLIGENCE LOSSES.—In this section, the term ‘signifi-
20 cant atomic energy defense intelligence loss’ means any
21 national security or counterintelligence failure or com22 promise of classified information at a facility of the De23 partment of Energy or operated by a contractor of the
24 Department that the Secretary considers likely to cause
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1 significant harm or damage to the national security inter2 ests of the United States.
3
‘‘(c) MANNER OF NOTIFICATION.—Notification of a
4 significant atomic energy defense intelligence loss under
5 subsection (a) shall be provided, in accordance with the
6 procedures established pursuant to subsection (d), not
7 later than 30 days after the date on which the Department
8 of Energy determines that the loss has taken place.
9
‘‘(d) PROCEDURES.—The Secretary of Energy and
10 the Committees on Armed Services of the Senate and
11 House of Representatives shall each establish such proce12 dures as may be necessary to protect from unauthorized
13 disclosure classified information, information relating to
14 intelligence sources and methods, and sensitive law en15 forcement information that is submitted to those commit16 tees pursuant to this section and that are otherwise nec17 essary to carry out the provisions of this section.
18
‘‘(e) STATUTORY CONSTRUCTION.—
19
‘‘(1) Nothing in this section shall be construed
20
as authority to withhold any information from the
21
Committees on Armed Services of the Senate and
22
House of Representatives on the grounds that pro-
23
viding the information to those committees would
24
constitute the unauthorized disclosure of classified
25
information, information relating to intelligence
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1
sources and methods, or sensitive law enforcement
2
information.
3
‘‘(2) Nothing in this section shall be construed
4
to modify or supersede any other requirement to re-
5
port information on intelligence activities to Con-
6
gress, including the requirement under section 501
7
of the National Security Act of 1947 (50 U.S.C.
8
3091) for the President to ensure that the congres-
9
sional intelligence committees are kept fully in-
10
formed of the intelligence activities of the United
11
States and for those committees to notify promptly
12
other congressional committees of any matter relat-
13
ing to intelligence activities requiring the attention
14
of those committees.
15 ‘‘§ 6226. Annual report and certification on status of
16
security of atomic energy defense facili-
17
ties
18
19
‘‘(a) REPORT AND CERTIFICATION ON NUCLEAR SECURITY ENTERPRISE.—
20
‘‘(1) Not later than September 30 of each even-
21
numbered year, the Administrator shall submit to
22
the Secretary of Energy—
23
‘‘(A) a report detailing the status of secu-
24
rity at facilities holding Category I and II
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1
quantities of special nuclear material that are
2
administered by the Administration; and
3
‘‘(B) written certification that such facili-
4
ties are secure and that the security measures
5
at such facilities meet the security standards
6
and requirements of the Administration and the
7
Department of Energy.
8
‘‘(2) If the Administrator is unable to make the
9
certification described in paragraph (1)(B) with re-
10
spect to a facility, the Administrator shall submit to
11
the Secretary with the matters required by para-
12
graph (1) a corrective action plan for the facility de-
13
scribing—
14
‘‘(A) the deficiency that resulted in the Ad-
15
ministrator being unable to make the certifi-
16
cation;
17
‘‘(B) the actions to be taken to correct the
18
deficiency; and
19
‘‘(C) timelines for taking such actions.
20
‘‘(3) Not later than December 1 of each even-
21
numbered year, the Secretary shall submit to the
22
congressional defense committees the unaltered re-
23
port, certification, and any corrective action plans
24
submitted by the Administrator under paragraphs
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1
(1) and (2) together with any comments of the Sec-
2
retary.
3
‘‘(b) REPORT AND CERTIFICATION ON ATOMIC EN-
4
ERGY DEFENSE FACILITIES NOT ADMINISTERED BY THE
5 ADMINISTRATION.—
6
‘‘(1) Not later than December 1 of each even-
7
numbered year, the Secretary shall submit to the
8
congressional defense committees—
9
‘‘(A) a report detailing the status of the
10
security of atomic energy defense facilities hold-
11
ing Category I and II quantities of special nu-
12
clear material that are not administered by the
13
Administration; and
14
‘‘(B) written certification that such facili-
15
ties are secure and that the security measures
16
at such facilities meet the security standards
17
and requirements of the Department of Energy.
18
‘‘(2) If the Secretary is unable to make the cer-
19
tification described in paragraph (1)(B) with respect
20
to a facility, the Secretary shall submit to the con-
21
gressional defense committees, together with the
22
matters required by paragraph (1), a corrective ac-
23
tion plan describing—
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1
‘‘(A) the deficiency that resulted in the
2
Secretary being unable to make the certifi-
3
cation;
4
‘‘(B) the actions to be taken to correct the
5
deficiency; and
6
‘‘(C) timelines for taking such actions.
7 ‘‘§ 6227. Protection of certain nuclear facilities and
8
9
assets from unmanned aircraft
‘‘(a) AUTHORITY.—Notwithstanding any provision of
10 title 18, the Secretary of Energy may take such actions
11 described in subsection (b)(1) that are necessary to miti12 gate the threat (as defined by the Secretary of Energy,
13 in consultation with the Secretary of Transportation) that
14 an unmanned aircraft system or unmanned aircraft poses
15 to the safety or security of a covered facility or asset.
16
‘‘(b) ACTIONS DESCRIBED.—
17
18
‘‘(1) The actions described in this paragraph
are the following:
19
‘‘(A) Detect, identify, monitor, and track
20
the unmanned aircraft system or unmanned air-
21
craft, without prior consent, including by means
22
of intercept or other access of a wire, oral, or
23
electronic communication used to control the
24
unmanned aircraft system or unmanned air-
25
craft.
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1
‘‘(B) Warn the operator of the unmanned
2
aircraft system or unmanned aircraft, including
3
by passive or active, and direct or indirect phys-
4
ical, electronic, radio, and electromagnetic
5
means.
6
‘‘(C) Disrupt control of the unmanned air-
7
craft system or unmanned aircraft, without
8
prior consent, including by disabling the un-
9
manned aircraft system or unmanned aircraft
10
by intercepting, interfering, or causing inter-
11
ference with wire, oral, electronic, or radio com-
12
munications used to control the unmanned air-
13
craft system or unmanned aircraft.
14
‘‘(D) Seize or exercise control of the un-
15
manned aircraft system or unmanned aircraft.
16
‘‘(E) Seize or otherwise confiscate the un-
17
manned aircraft system or unmanned aircraft.
18
‘‘(F) Use reasonable force to disable, dam-
19
age, or destroy the unmanned aircraft system
20
or unmanned aircraft.
21
‘‘(2) The Secretary of Energy shall develop the
22
actions described in paragraph (1) in coordination
23
with the Secretary of Transportation.
24
‘‘(c) FORFEITURE.—Any unmanned aircraft system
25 or unmanned aircraft described in subsection (a) that is
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1 seized by the Secretary of Energy is subject to forfeiture
2 to the United States.
3
‘‘(d) REGULATIONS.—The Secretary of Energy and
4 the Secretary of Transportation may prescribe regulations
5 and shall issue guidance in the respective areas of each
6 Secretary to carry out this section.
7
‘‘(e) DEFINITIONS.—In this section:
8
9
‘‘(1) The term ‘covered facility or asset’ means
any facility or asset that is—
10
‘‘(A) identified by the Secretary of Energy
11
for purposes of this section;
12
‘‘(B) located in the United States (includ-
13
ing the territories and possessions of the United
14
States); and
15
‘‘(C) owned by the United States or con-
16
tracted to the United States, to store or use
17
special nuclear material.
18
‘‘(2) The terms ‘unmanned aircraft’ and ‘un-
19
manned aircraft system’ have the meanings given
20
those terms in section 331 of the FAA Moderniza-
21
tion and Reform Act of 2012 (Public Law 112–95;
22
49 U.S.C. 40101 note).
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1 ‘‘§ 6228. Reporting on penetrations of networks of
2
3
4
contractors and subcontractors
‘‘(a) PROCEDURES
TIONS.—The
FOR
REPORTING PENETRA-
Administrator shall establish procedures
5 that require each contractor and subcontractor to report
6 to the Chief Information Officer when a covered network
7 of the contractor or subcontractor that meets the criteria
8 established pursuant to subsection (b) is successfully pene9 trated.
10
‘‘(b) ESTABLISHMENT OF CRITERIA FOR COVERED
11 NETWORKS.—
12
‘‘(1) IN GENERAL.—The Administrator shall, in
13
consultation with the officials specified in paragraph
14
(2), establish criteria for covered networks to be sub-
15
ject to the procedures for reporting penetrations
16
under subsection (a).
17
‘‘(2) OFFICIALS SPECIFIED.—The officials spec-
18
ified in this paragraph are the following officials of
19
the Administration:
20
21
22
23
‘‘(A) The Deputy Administrator for Defense Programs.
‘‘(B) The Associate Administrator for Acquisition and Project Management.
24
‘‘(C) The Chief Information Officer.
25
‘‘(D) Any other official of the Administra-
26
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1
‘‘(c) PROCEDURE REQUIREMENTS.—
2
‘‘(1) RAPID REPORTING.—
3
‘‘(A) IN GENERAL.—The procedures estab-
4
lished pursuant to subsection (a) shall require
5
each contractor or subcontractor to submit to
6
the Chief Information Officer a report on each
7
successful penetration of a covered network of
8
the contractor or subcontractor that meets the
9
criteria established pursuant to subsection (b)
10
not later than 60 days after the discovery of the
11
successful penetration.
12
‘‘(B) ELEMENTS.—Subject to subpara-
13
graph (C), each report required by subpara-
14
graph (A) with respect to a successful penetra-
15
tion of a covered network of a contractor or
16
subcontractor shall include the following:
17
18
‘‘(i) A description of the technique or
method used in such penetration.
19
‘‘(ii) A sample of the malicious soft-
20
ware, if discovered and isolated by the con-
21
tractor or subcontractor, involved in such
22
penetration.
23
‘‘(iii) A summary of information cre-
24
ated by or for the Administration in con-
25
nection with any program of the Adminis-
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1
tration that has been potentially com-
2
promised as a result of such penetration.
3
‘‘(C) AVOIDANCE OF DELAYS IN REPORT-
4
ING.—If
5
able to obtain all of the information required by
6
subparagraph (B) to be included in a report re-
7
quired by subparagraph (A) by the date that is
8
60 days after the discovery of a successful pene-
9
tration of a covered network of the contractor
10
or subcontractor, the contractor or subcon-
11
tractor shall—
12
a contractor or subcontractor is not
‘‘(i) include in the report all informa-
13
tion available as of that date; and
14
‘‘(ii) provide to the Chief Information
15
Officer the additional information required
16
by subparagraph (B) as the information
17
becomes available.
18
‘‘(2) ACCESS TO EQUIPMENT AND INFORMATION
19
BY ADMINISTRATION PERSONNEL.—Concurrent with
20
the establishment of the procedures pursuant to sub-
21
section (a), the Administrator shall establish proce-
22
dures to be used if information owned by the Admin-
23
istration was in use during or at risk as a result of
24
the successful penetration of a covered network—
25
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1
‘‘(i) in the case of a penetration of a
2
covered network of a management and op-
3
erating contractor, enhance the access of
4
personnel of the Administration to Govern-
5
ment-owned equipment and information;
6
and
7
‘‘(ii) in the case of a penetration of a
8
covered network of a contractor or subcon-
9
tractor that is not a management and op-
10
erating contractor, facilitate the access of
11
personnel of the Administration to the
12
equipment and information of the con-
13
tractor or subcontractor; and
14
‘‘(B) which shall—
15
‘‘(i) include mechanisms for personnel
16
of the Administration to, upon request, ob-
17
tain access to equipment or information of
18
a contractor or subcontractor necessary to
19
conduct forensic analysis in addition to any
20
analysis conducted by the contractor or
21
subcontractor;
22
‘‘(ii) provide that a contractor or sub-
23
contractor is only required to provide ac-
24
cess to equipment or information as de-
25
scribed in clause (i) to determine whether
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1
information created by or for the Adminis-
2
tration in connection with any program of
3
the
4
exfiltrated from a network of the con-
5
tractor or subcontractor and, if so, what
6
information was exfiltrated; and
Administration
was
successfully
7
‘‘(iii) provide for the reasonable pro-
8
tection of trade secrets, commercial or fi-
9
nancial information, and information that
10
can be used to identify a specific person.
11
‘‘(3) DISSEMINATION OF INFORMATION.—The
12
procedures established pursuant to subsection (a)
13
shall allow for limiting the dissemination of informa-
14
tion obtained or derived through such procedures so
15
that such information may be disseminated only to
16
entities—
17
18
‘‘(A) with missions that may be affected by
such information;
19
‘‘(B) that may be called upon to assist in
20
the diagnosis, detection, or mitigation of cyber
21
incidents;
22
23
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‘‘(C) that conduct counterintelligence or
law enforcement investigations; or
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1
‘‘(D) for national security purposes, includ-
2
ing cyber situational awareness and defense
3
purposes.
4
‘‘(d) DEFINITIONS.—In this section:
5
‘‘(1) CHIEF INFORMATION OFFICER.—The term
6
‘Chief Information Officer’ means the Associate Ad-
7
ministrator for Information Management and Chief
8
Information Officer of the Administration.
9
‘‘(2)
CONTRACTOR.—The
term
‘contractor’
10
means a private entity that has entered into a con-
11
tract or contractual action of any kind with the Ad-
12
ministration to furnish supplies, equipment, mate-
13
rials, or services of any kind.
14
‘‘(3) COVERED NETWORK.—The term ‘covered
15
network’ includes any network or information system
16
that accesses, receives, or stores—
17
‘‘(A) classified information; or
18
‘‘(B) sensitive unclassified information ger-
19
mane to any program of the Administration, as
20
determined by the Administrator.
21
‘‘(4) SUBCONTRACTOR.—The term ‘subcon-
22
tractor’ means a private entity that has entered into
23
a contract or contractual action with a contractor or
24
another subcontractor to furnish supplies, equip-
25
ment, materials, or services of any kind in connec-
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1
tion with another contract in support of any pro-
2
gram of the Administration.
3
‘‘SUBCHAPTER II—CLASSIFIED INFORMATION
4 ‘‘§ 6231. Review of certain documents before declas5
6
sification and release
‘‘(a) IN GENERAL.—The Secretary of Energy shall
7 ensure that, before a document of the Department of En8 ergy that contains national security information is re9 leased or declassified, such document is reviewed to deter10 mine whether it contains Restricted Data.
11
‘‘(b) LIMITATION ON DECLASSIFICATION.—The Sec-
12 retary may not implement the automatic declassification
13 provisions of Executive Order No. 13526 (50 U.S.C. 3161
14 note) if the Secretary determines that such implementa15 tion could result in the automatic declassification and re16 lease of documents containing Restricted Data.
17 ‘‘§ 6232. Protection against inadvertent release of re18
stricted data and formerly restricted data
19
‘‘(a) PLAN FOR PROTECTION AGAINST RELEASE.—
20 The Secretary of Energy and the Archivist of the United
21 States shall, after consultation with the members of the
22 National Security Council and in consultation with the
23 Secretary of Defense and the heads of other appropriate
24 Federal agencies, develop a plan to prevent the inad25 vertent release of records containing Restricted Data or
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1 Formerly Restricted Data during the automatic declas2 sification of records under Executive Order No. 13526 (50
3 U.S.C. 3161 note).
4
‘‘(b) PLAN ELEMENTS.—The plan under subsection
5 (a) shall include the following:
6
‘‘(1) The actions to be taken in order to ensure
7
that records subject to Executive Order No. 13526
8
are reviewed on a page-by-page basis for Restricted
9
Data and Formerly Restricted Data unless they
10
have been determined to be highly unlikely to con-
11
tain Restricted Data or Formerly Restricted Data.
12
‘‘(2) The criteria and process by which docu-
13
ments are determined to be highly unlikely to con-
14
tain Restricted Data or Formerly Restricted Data.
15
‘‘(3) The actions to be taken in order to ensure
16
proper training, supervision, and evaluation of per-
17
sonnel engaged in declassification under that Execu-
18
tive order so that such personnel recognize Re-
19
stricted Data and Formerly Restricted Data.
20
‘‘(4) The extent to which automated declas-
21
sification technologies will be used under that Exec-
22
utive order to protect Restricted Data and Formerly
23
Restricted Data from inadvertent release.
24
‘‘(5) Procedures for periodic review and evalua-
25
tion by the Secretary of Energy, in consultation with
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1
the Director of the Information Security Oversight
2
Office of the National Archives and Records Admin-
3
istration, of compliance by Federal agencies with the
4
plan.
5
‘‘(6) Procedures for resolving disagreements
6
among Federal agencies regarding declassification
7
procedures and decisions under the plan.
8
9
‘‘(7) The funding, personnel, and other resources required to carry out the plan.
10
‘‘(8) A timetable for implementation of the
11
plan.
12
‘‘(c) LIMITATION ON DECLASSIFICATION OF CERTAIN
13 RECORDS.—
14
‘‘(1) Effective on October 17, 1998, and except
15
as provided in paragraph (3), a record referred to in
16
subsection (a) may not be declassified unless the
17
agency having custody of the record reviews the
18
record on a page-by-page basis to ensure that the
19
record does not contain Restricted Data or Formerly
20
Restricted Data.
21
‘‘(2) Any record determined as a result of a re-
22
view under paragraph (1) to contain Restricted Data
23
or Formerly Restricted Data may not be declassified
24
until the Secretary of Energy, in conjunction with
25
the head of the agency having custody of the record,
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1
determines that the document is suitable for declas-
2
sification.
3
‘‘(3) After the date occurring 60 days after the
4
submission of the plan required by subsection (a) to
5
the committees referred to in paragraphs (1) and (2)
6
of subsection (d), the requirement under paragraph
7
(1) to review a record on a page-by-page basis shall
8
not apply in the case of a record determined, under
9
the actions specified in the plan pursuant to sub-
10
section (b)(1), to be a record that is highly unlikely
11
to contain Restricted Data or Formerly Restricted
12
Data.
13
‘‘(d) SUBMISSION OF PLAN.—The Secretary of En-
14 ergy shall submit the plan required under subsection (a)
15 to the following:
16
17
‘‘(1) The Committee on Armed Services of the
Senate.
18
19
‘‘(2) The Committee on Armed Services of the
House of Representatives.
20
‘‘(3) The Assistant to the President for Na-
21
tional Security Affairs.
22
‘‘(e) REPORT AND NOTIFICATION REGARDING INAD-
23
VERTENT RELEASES.—
24
‘‘(1) The Secretary of Energy shall submit to
25
the committees and Assistant to the President speci-
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1
fied in subsection (d) a report on inadvertent re-
2
leases of Restricted Data or Formerly Restricted
3
Data under Executive Order No. 12958 that oc-
4
curred before October 17, 1998.
5
‘‘(2) The Secretary of Energy shall, in each
6
even-numbered year beginning in 2010, submit to
7
the committees and Assistant to the President speci-
8
fied in subsection (d) a report identifying any inad-
9
vertent releases of Restricted Data or Formerly Re-
10
stricted Data under Executive Order No. 13526 dis-
11
covered in the two-year period preceding the sub-
12
mittal of the report.
13 ‘‘§ 6233. Supplement to plan for declassification of re14
stricted data and formerly restricted data
15
‘‘(a) SUPPLEMENT TO PLAN.—The Secretary of En-
16 ergy and the Archivist of the United States shall, after
17 consultation with the members of the National Security
18 Council and in consultation with the Secretary of Defense
19 and the heads of other appropriate Federal agencies, de20 velop a supplement to the plan required under subsection
21 (a) of section 6232.
22
‘‘(b) CONTENTS OF SUPPLEMENT.—The supplement
23 shall provide for the application of that plan (including
24 in particular the element of the plan required by section
25 6232(b)(1)) to all records subject to Executive Order No.
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1 12958 that were determined before October 17, 1998, to
2 be suitable for declassification.
3
‘‘(c)
LIMITATION
ON
DECLASSIFICATION
OF
4 RECORDS.—All records referred to in subsection (b) shall
5 be treated, for purposes of subsection (c) of section 6232,
6 in the same manner as records referred to in subsection
7 (a) of such section.
8
‘‘(d) SUBMISSION OF SUPPLEMENT.—The Secretary
9 of Energy shall submit the supplement required under
10 subsection (a) to the recipients of the plan referred to in
11 subsection (d) of section 6232.
12 ‘‘§ 6234. Protection of classified information during
13
laboratory-to-laboratory exchanges
14
‘‘(a) PROVISION OF TRAINING.—The Secretary of
15 Energy shall ensure that all Department of Energy em16 ployees and Department of Energy contractor employees
17 participating in laboratory-to-laboratory cooperative ex18 change activities are fully trained in matters relating to
19 the protection of classified information and to potential
20 espionage and counterintelligence threats.
21
22
‘‘(b) COUNTERING
OF
ESPIONAGE
AND
INTEL-
LIGENCE-GATHERING ABROAD.—
23
‘‘(1) The Secretary shall establish a pool of De-
24
partment employees and Department contractor em-
25
ployees who are specially trained to counter threats
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1757
1
of espionage and intelligence-gathering by foreign
2
nationals against Department employees and De-
3
partment contractor employees who travel abroad for
4
laboratory-to-laboratory exchange activities or other
5
cooperative exchange activities on behalf of the De-
6
partment.
7
‘‘(2) The Director of Intelligence and Counter-
8
intelligence of the Department of Energy may assign
9
at least one employee from the pool established
10
under paragraph (1) to accompany a group of De-
11
partment employees or Department contractor em-
12
ployees who travel to any nation designated to be a
13
sensitive country for laboratory-to-laboratory ex-
14
change activities or other cooperative exchange ac-
15
tivities on behalf of the Department.
16 ‘‘§ 6235. Identification in budget materials of amounts
17
for declassification activities and limita-
18
tion on expenditures for such activities
19
‘‘(a)
AMOUNTS
FOR
DECLASSIFICATION
OF
20 RECORDS.—The Secretary of Energy shall include in the
21 budget justification materials submitted to Congress in
22 support of the Department of Energy budget for any fiscal
23 year (as submitted with the budget of the President under
24 section 1105(a) of title 31) specific identification, as a
25 budgetary line item, of the amounts required to carry out
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1758
1 programmed activities during that fiscal year to declassify
2 records pursuant to Executive Order No. 13526 (50
3 U.S.C. 3161 note), or any successor Executive order, or
4 to comply with any statutory requirement to declassify
5 Government records.
6
‘‘(b) CERTIFICATION REQUIRED WITH RESPECT TO
7 AUTOMATIC
DECLASSIFICATION
OF
RECORDS.—No
8 records of the Department of Energy that have not as of
9 October 5, 1999, been reviewed for declassification shall
10 be subject to automatic declassification unless the Sec11 retary of Energy certifies to Congress that such declas12 sification would not harm the national security.
13
‘‘CHAPTER 606—PERSONNEL MATTERS
14
‘‘SUBCHAPTER I—PERSONNEL MANAGEMENT
15 ‘‘§ 6241. Authority for appointment of certain sci16
entific, engineering, and technical per-
17
sonnel
18
‘‘(a) AUTHORITY.—
19
‘‘(1) Notwithstanding any provision of title 5
20
governing appointments in the competitive service
21
and General Schedule classification and pay rates,
22
the Secretary of Energy may—
23
‘‘(A) establish and set the rates of pay for
24
not more than 200 positions in the Department
25
of Energy for scientific, engineering, and tech-
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1
nical personnel whose duties will relate to safety
2
at defense nuclear facilities of the Department;
3
and
4
‘‘(B) appoint persons to such positions.
5
‘‘(2) The rate of pay for a position established
6
under paragraph (1) may not exceed the rate of pay
7
payable for level III of the Executive Schedule under
8
section 5314 of title 5.
9
‘‘(3) To the maximum extent practicable, the
10
Secretary shall appoint persons under paragraph
11
(1)(B) to the positions established under paragraph
12
(1)(A) in accordance with the merit system prin-
13
ciples set forth in section 2301 of such title.
14
‘‘(b) OPM REVIEW.—
15
‘‘(1) The Secretary shall enter into an agree-
16
ment with the Director of the Office of Personnel
17
Management under which agreement the Director
18
shall periodically evaluate the use of the authority
19
set forth in subsection (a)(1). The Secretary shall
20
reimburse the Director for evaluations conducted by
21
the Director pursuant to the agreement. Any such
22
reimbursement shall be credited to the revolving
23
fund referred to in section 1304(e) of title 5.
24
‘‘(2) If the Director determines as a result of
25
such evaluation that the Secretary of Energy is not
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1
appointing persons to positions under such authority
2
in a manner consistent with the merit system prin-
3
ciples set forth in section 2301 of title 5 or is setting
4
rates of pay at levels that are not appropriate for
5
the qualifications and experience of the persons ap-
6
pointed and the duties of the positions involved, the
7
Director shall notify the Secretary and Congress of
8
that determination.
9
10
‘‘(3) Upon receipt of a notification under paragraph (2), the Secretary shall—
11
‘‘(A) take appropriate actions to appoint
12
persons to positions under such authority in a
13
manner consistent with such principles or to set
14
rates of pay at levels that are appropriate for
15
the qualifications and experience of the persons
16
appointed and the duties of the positions in-
17
volved; or
18
‘‘(B) cease appointment of persons under
19
such authority.
20
‘‘(c) TERMINATION.—
21
22
‘‘(1) The authority provided under subsection
(a)(1) shall terminate on September 30, 2026.
23
‘‘(2) An employee may not be separated from
24
employment with the Department of Energy or re-
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1
ceive a reduction in pay by reason of the termination
2
of authority under paragraph (1).
3 ‘‘§ 6242. Whistleblower protection program
4
‘‘(a) PROGRAM REQUIRED.—The Secretary of En-
5 ergy shall establish a program to ensure that covered indi6 viduals may not be discharged, demoted, or otherwise dis7 criminated against as a reprisal for making protected dis8 closures.
9
‘‘(b) COVERED INDIVIDUALS.—For purposes of this
10 section, a covered individual is an individual who is an em11 ployee of the Department of Energy, or of a contractor
12 of the Department, who is engaged in the defense activi13 ties of the Department.
14
‘‘(c) PROTECTED DISCLOSURES.—For purposes of
15 this section, a protected disclosure is a disclosure—
16
‘‘(1) made by a covered individual who takes
17
appropriate steps to protect the security of the infor-
18
mation in accordance with guidance provided under
19
this section;
20
21
‘‘(2) made to a person or entity specified in
subsection (d); and
22
‘‘(3) of classified or other information that the
23
covered individual reasonably believes to provide di-
24
rect and specific evidence of any of the following:
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1
‘‘(A) A violation of law or Federal regula-
2
tion.
3
‘‘(B) Gross mismanagement, a gross waste
4
of funds, or abuse of authority.
5
‘‘(C) A false statement to Congress on an
6
issue of material fact.
7
‘‘(d) PERSONS AND ENTITIES TO WHICH DISCLO-
8
SURES MAY BE MADE.—A person or entity specified in
9 this subsection is any of the following:
10
‘‘(1) A member of a committee of Congress
11
having primary responsibility for oversight of the de-
12
partment, agency, or element of the Government to
13
which the disclosed information relates.
14
‘‘(2) An employee of Congress who is a staff
15
member of such a committee and has an appropriate
16
security clearance for access to information of the
17
type disclosed.
18
19
‘‘(3) The Inspector General of the Department
of Energy.
20
‘‘(4) The Federal Bureau of Investigation.
21
‘‘(5) Any other element of the Government des-
22
ignated by the Secretary as authorized to receive in-
23
formation of the type disclosed.
24
‘‘(e) OFFICIAL CAPACITY OF PERSONS TO WHOM IN-
25
FORMATION
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1763
1 ployee of Congress who is a staff member of, a committee
2 of Congress specified in subsection (d) who receives a pro3 tected disclosure under this section does so in that mem4 ber or employee’s official capacity as such a member or
5 employee.
6
‘‘(f) ASSISTANCE AND GUIDANCE.—The Secretary,
7 acting through the Inspector General of the Department
8 of Energy, shall provide assistance and guidance to each
9 covered individual who seeks to make a protected disclo10 sure under this section. Such assistance and guidance
11 shall include the following:
12
‘‘(1) Identifying the persons or entities under
13
subsection (d) to which that disclosure may be made.
14
‘‘(2) Advising that individual regarding the
15
steps to be taken to protect the security of the infor-
16
mation to be disclosed.
17
‘‘(3) Taking appropriate actions to protect the
18
identity of that individual throughout that disclo-
19
sure.
20
‘‘(4) Taking appropriate actions to coordinate
21
that disclosure with any other Federal agency or
22
agencies that originated the information.
23
‘‘(g) REGULATIONS.—The Secretary shall prescribe
24 regulations to ensure the security of any information dis25 closed under this section.
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1
‘‘(h) NOTIFICATION TO COVERED INDIVIDUALS.—
2 The Secretary shall notify each covered individual of the
3 following:
4
5
‘‘(1) The rights of that individual under this
section.
6
7
‘‘(2) The assistance and guidance provided
under this section.
8
‘‘(3) That the individual has a responsibility to
9
obtain that assistance and guidance before seeking
10
to make a protected disclosure.
11
‘‘(i) COMPLAINT BY COVERED INDIVIDUALS.—If a
12 covered individual believes that that individual has been
13 discharged, demoted, or otherwise discriminated against
14 as a reprisal for making a protected disclosure under this
15 section, the individual may submit a complaint relating to
16 such matter to the Director of the Office of Hearings and
17 Appeals of the Department of Energy.
18
‘‘(j) INVESTIGATION BY OFFICE OF HEARINGS AND
19 APPEALS.—
20
‘‘(1) For each complaint submitted under sub-
21
section (i), the Director of the Office of Hearings
22
and Appeals shall—
23
24
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1
‘‘(B) if the Director determines the com-
2
plaint is not frivolous, conduct an investigation
3
of the complaint.
4
‘‘(2) The Director shall submit a report on each
5
investigation undertaken under paragraph (1)(B)
6
to—
7
‘‘(A) the individual who submitted the
8
complaint on which the investigation is based;
9
‘‘(B) the contractor concerned, if any; and
10
‘‘(C) the Secretary of Energy.
11
‘‘(k) REMEDIAL ACTION.—
12
‘‘(1) Whenever the Secretary determines that a
13
covered individual has been discharged, demoted, or
14
otherwise discriminated against as a reprisal for
15
making a protected disclosure under this section, the
16
Secretary shall—
17
‘‘(A) in the case of a Department em-
18
ployee, take appropriate actions to abate the ac-
19
tion; or
20
‘‘(B) in the case of a contractor employee,
21
order the contractor concerned to take appro-
22
priate actions to abate the action.
23
‘‘(2)(A) If a contractor fails to comply with an
24
order issued under paragraph (1)(B), the Secretary
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1
may file an action for enforcement of the order in
2
the appropriate United States district court.
3
‘‘(B) In any action brought under subparagraph
4
(A), the court may grant appropriate relief, includ-
5
ing injunctive relief and compensatory and exem-
6
plary damages.
7
‘‘(l) RELATIONSHIP TO OTHER LAWS.—The protec-
8 tions provided by this section are independent of, and not
9 subject to any limitations that may be provided in, the
10 Whistleblower Protection Act of 1989 (Public Law 101–
11 12; 103 Stat. 16) or any other law that may provide pro12 tection for disclosures of information by employees of the
13 Department of Energy or of a contractor of the Depart14 ment.
15
‘‘(m) ANNUAL REPORT.—
16
‘‘(1) Not later than 30 days after the com-
17
mencement of each fiscal year, the Director shall
18
submit to the Committee on Armed Services of the
19
Senate and the Committee on Armed Services of the
20
House of Representatives a report on the investiga-
21
tions undertaken under subsection (j)(1)(B) during
22
the preceding fiscal year, including a summary of
23
the results of each such investigation.
24
‘‘(2) A report under paragraph (1) may not
25
identify or otherwise provide any information about
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an individual submitting a complaint under this sec-
2
tion without the consent of the individual.
3 ‘‘§ 6243. Department of Energy defense nuclear facili4
ties workforce restructuring plan
5
‘‘(a) IN GENERAL.—Upon determination that a
6 change in the workforce at a defense nuclear facility is
7 necessary, the Secretary of Energy shall develop a plan
8 for restructuring the workforce for the defense nuclear fa9 cility that takes into account—
10
11
‘‘(1) the reconfiguration of the defense nuclear
facility; and
12
‘‘(2) the plan for the nuclear weapons stockpile
13
that is the most recently prepared plan at the time
14
of the development of the plan referred to in this
15
subsection.
16
‘‘(b) CONSULTATION.—
17
‘‘(1) In developing a plan referred to in sub-
18
section (a), the Secretary shall consult with the Sec-
19
retary of Labor, appropriate representatives of local
20
and national collective-bargaining units of individ-
21
uals employed at Department of Energy defense nu-
22
clear facilities, appropriate representatives of depart-
23
ments and agencies of State and local governments,
24
appropriate representatives of State and local insti-
25
tutions of higher education, and appropriate rep-
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resentatives of community groups in communities af-
2
fected by the restructuring plan.
3
‘‘(2) The Secretary shall determine appropriate
4
representatives of the units, governments, institu-
5
tions, and groups referred to in paragraph (1).
6
‘‘(c) OBJECTIVES.—In preparing the plan required
7 under subsection (a), the Secretary shall be guided by the
8 following objectives:
9
10
‘‘(1) Changes in the workforce at a Department
of Energy defense nuclear facility—
11
‘‘(A) should be accomplished so as to mini-
12
mize social and economic impacts;
13
‘‘(B) should be made only after the provi-
14
sion of notice of such changes not later than
15
120 days before the commencement of such
16
changes to such employees and the communities
17
in which such facilities are located; and
18
‘‘(C) should be accomplished, when pos-
19
sible, through the use of retraining, early retire-
20
ment, attrition, and other options that minimize
21
layoffs.
22
‘‘(2) Employees whose employment in positions
23
at such facilities is terminated shall, to the extent
24
practicable, receive preference in any hiring of the
25
Department of Energy (consistent with applicable
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employment seniority plans or practices of the De-
2
partment of Energy and with section 3152 of the
3
National Defense Authorization Act for Fiscal Years
4
1990 and 1991 (Public Law 101–189; 103 Stat.
5
1682)).
6
‘‘(3) Employees shall, to the extent practicable,
7
be retrained for work in environmental restoration
8
and waste management activities at such facilities or
9
other facilities of the Department of Energy.
10
‘‘(4) The Department of Energy should provide
11
relocation assistance to employees who are trans-
12
ferred to other Department of Energy facilities as a
13
result of the plan.
14
‘‘(5) The Department of Energy should assist
15
terminated employees in obtaining appropriate re-
16
training, education, and reemployment assistance
17
(including employment placement assistance).
18
‘‘(6) The Department of Energy should provide
19
local impact assistance to communities that are af-
20
fected by the restructuring plan and coordinate the
21
provision of such assistance with—
22
‘‘(A) programs carried out by the Sec-
23
retary of Labor under title I of the Workforce
24
Innovation and Opportunity Act (29 U.S.C.
25
3111 et seq.);
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1
‘‘(B) programs carried out pursuant to the
2
Defense Economic Adjustment, Diversification,
3
Conversion, and Stabilization Act of 1990 (divi-
4
sion D of Public Law 101–510; 10 U.S.C. 2391
5
note); and
6
‘‘(C) programs carried out by the Depart-
7
ment of Commerce pursuant to title II of the
8
Public Works and Economic Development Act
9
of 1965 (42 U.S.C. 3141 et seq.).
10
‘‘(d) IMPLEMENTATION.—The Secretary shall, sub-
11 ject to the availability of appropriations for such purpose,
12 work on an ongoing basis with representatives of the De13 partment of Labor, workforce bargaining units, and States
14 and local communities in carrying out a plan required
15 under subsection (a).
16
‘‘(e) SUBMITTAL TO CONGRESS.—
17
‘‘(1) The Secretary shall submit to Congress a
18
plan referred to in subsection (a) with respect to a
19
defense nuclear facility within 90 days after the date
20
on which a notice of changes described in subsection
21
(c)(1)(B) is provided to employees of the facility, or
22
90 days after the date of the enactment of this Act,
23
whichever is later.
24
‘‘(2) In addition to the plans submitted under
25
paragraph (1), the Secretary shall submit to Con-
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1
gress every six months a report setting forth a de-
2
scription of, and the amount or value of, all local im-
3
pact assistance provided during the preceding six
4
months under subsection (c)(6).
5
‘‘(f) DEPARTMENT OF ENERGY DEFENSE NUCLEAR
6 FACILITY DEFINED.—In this section, the term ‘Depart7 ment of Energy defense nuclear facility’ means—
8
‘‘(1) a production facility or utilization facility
9
(as those terms are defined in section 11 of the
10
Atomic Energy Act of 1954 (42 U.S.C. 2014)) that
11
is under the control or jurisdiction of the Secretary
12
and that is operated for national security purposes
13
(including the tritium loading facility at Savannah
14
River, South Carolina, and the 236 H facility at Sa-
15
vannah River, South Carolina), but the term does
16
not include any facility that does not conduct atomic
17
energy defense activities and does not include any
18
facility or activity covered by Executive Order Num-
19
ber 12344, dated February 1, 1982, pertaining to
20
the naval nuclear propulsion program;
21
‘‘(2) a nuclear waste storage or disposal facility
22
that is under the control or jurisdiction of the Sec-
23
retary;
24
‘‘(3) a testing and assembly facility that is
25
under the control or jurisdiction of the Secretary
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and that is operated for national security purposes
2
(including the Nevada National Security Site, Ne-
3
vada, and the Pantex facility, Texas);
4
‘‘(4) an atomic weapons research facility that is
5
under the control or jurisdiction of the Secretary
6
(including Lawrence Livermore, Los Alamos, and
7
Sandia National Laboratories); or
8
9
‘‘(5) any facility described in paragraphs (1)
through (4) that—
10
‘‘(A) is no longer in operation;
11
‘‘(B) was under the control or jurisdiction
12
of the Department of Defense, the Atomic En-
13
ergy Commission, or the Energy Research and
14
Development Administration; and
15
‘‘(C) was operated for national security
16
purposes.
17 ‘‘§ 6244. Authority to provide certificate of com18
mendation to Department of Energy and
19
contractor employees for exemplary serv-
20
ice in stockpile stewardship and security
21
‘‘(a) AUTHORITY
TO
PRESENT CERTIFICATE
OF
22 COMMENDATION.—The Secretary of Energy may present
23 a certificate of commendation to any current or former
24 employee of the Department of Energy, and any current
25 or former employee of a Department contractor, whose
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1 service to the Department in matters relating to stockpile
2 stewardship and security assisted the Department in fur3 thering the national security interests of the United
4 States.
5
‘‘(b) CERTIFICATE.—The certificate of commenda-
6 tion presented to a current or former employee under sub7 section (a) shall include an appropriate citation of the
8 service of the current or former employee described in that
9 subsection, including a citation for dedication, intellect,
10 and sacrifice in furthering the national security interests
11 of the United States by maintaining a strong, safe, and
12 viable United States nuclear deterrent during the cold war
13 or thereafter.
14
‘‘(c) DEPARTMENT OF ENERGY DEFINED.—For pur-
15 poses of this section, the term ‘Department of Energy’ in16 cludes any predecessor agency of the Department of En17 ergy.
18
‘‘SUBCHAPTER II—EDUCATION AND TRAINING
19 ‘‘§ 6251. Executive management training in Depart20
21
ment of Energy
‘‘(a) ESTABLISHMENT OF TRAINING PROGRAM.—The
22 Secretary of Energy shall establish and implement a man23 agement training program for personnel of the Depart24 ment of Energy involved in the management of atomic en25 ergy defense activities.
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1
‘‘(b) TRAINING PROVISIONS.—The training program
2 shall at a minimum include instruction in the following
3 areas:
4
‘‘(1) Department of Energy policy and proce-
5
dures for management and operation of atomic en-
6
ergy defense facilities.
7
8
‘‘(2) Methods of evaluating technical performance.
9
‘‘(3) Federal and State environmental laws and
10
requirements for compliance with such environ-
11
mental laws, including timely compliance with re-
12
porting requirements in such laws.
13
‘‘(4) The establishment of program milestones
14
and methods to evaluate success in meeting such
15
milestones.
16
17
‘‘(5) Methods for conducting long-range technical and budget planning.
18
‘‘(6) Procedures for reviewing and applying in-
19
novative technology to defense environmental clean-
20
up.
21 ‘‘§ 6252. Stockpile stewardship recruitment and train22
ing program
23
‘‘(a) CONDUCT OF PROGRAM.—
24
‘‘(1) As part of the stockpile stewardship pro-
25
gram established pursuant to section 6111, the Sec-
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1
retary of Energy shall conduct a stockpile steward-
2
ship recruitment and training program at the na-
3
tional security laboratories.
4
‘‘(2) The recruitment and training program
5
shall be conducted in coordination with the Chair-
6
man of the Joint Nuclear Weapons Council estab-
7
lished by section 179 and the directors of the labora-
8
tories referred to in paragraph (1).
9
‘‘(b) SUPPORT OF DUAL-USE PROGRAMS.—As part of
10 the recruitment and training program, the directors of the
11 national security laboratories may employ undergraduate
12 students, graduate students, and postdoctoral fellows to
13 carry out research sponsored by such laboratories for mili14 tary or nonmilitary dual-use programs related to nuclear
15 weapons stockpile stewardship.
16
‘‘(c) ESTABLISHMENT OF RETIREE CORPS.—As part
17 of the training and recruitment program, the Secretary,
18 in coordination with the directors of the national security
19 laboratories, shall establish for the laboratories a retiree
20 corps of retired scientists who have expertise in research
21 and development of nuclear weapons. The directors may
22 employ the retired scientists on a part-time basis to pro23 vide appropriate assistance on nuclear weapons issues, to
24 contribute relevant information to be archived, and to help
25 to provide training to other scientists.
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1 ‘‘§ 6253. Fellowship program for development of skills
2
critical to the nuclear security enterprise
3
‘‘(a) IN GENERAL.—The Secretary of Energy shall
4 conduct a fellowship program for the development of skills
5 critical to the ongoing mission of the nuclear security en6 terprise. Under the fellowship program, the Secretary
7 shall provide educational assistance and research assist8 ance to eligible individuals to facilitate the development
9 by such individuals of skills critical to maintaining the on10 going mission of the nuclear security enterprise.
11
‘‘(b) ELIGIBLE INDIVIDUALS.—Individuals eligible
12 for participation in the fellowship program are United
13 States citizens who are either of the following:
14
‘‘(1) Students pursuing graduate degrees in
15
fields of science or engineering that are related to
16
nuclear weapons engineering or to the science and
17
technology base of the Department of Energy.
18
‘‘(2) Individuals engaged in postdoctoral studies
19
in such fields.
20
‘‘(c) COVERED FACILITIES.—The Secretary shall
21 carry out the fellowship program at or in connection with
22 the national security laboratories and nuclear weapons
23 production facilities.
24
‘‘(d) ADMINISTRATION.—The Secretary shall carry
25 out the fellowship program at a facility referred to in sub26 section (c) through the stockpile manager of the facility.
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1
‘‘(e) ALLOCATION OF FUNDS.—The Secretary shall,
2 in consultation with the Assistant Secretary of Energy for
3 Defense Programs, allocate funds available for the fellow4 ship program under subsection (f) among the facilities re5 ferred to in subsection (c). The Secretary shall make the
6 allocation after evaluating an assessment by the weapons
7 program director of each such facility of the personnel and
8 critical skills necessary at the facility for carrying out the
9 ongoing mission of the facility.
10
‘‘(f) AGREEMENT.—
11
‘‘(1) The Secretary may allow an individual to
12
participate in the program only if the individual
13
signs an agreement described in paragraph (2).
14
‘‘(2) An agreement referred to in paragraph (1)
15
shall be in writing, shall be signed by the partici-
16
pant, and shall include the participant’s agreement
17
to serve, after completion of the course of study for
18
which the assistance was provided, as a full-time em-
19
ployee in a position in the nuclear security enterprise
20
for a period of time to be established by the Sec-
21
retary of Energy of not less than one year, if such
22
a position is offered to the participant.
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1
‘‘SUBCHAPTER III—WORKER SAFETY
2 ‘‘§ 6261. Worker protection at nuclear weapons facili3
4
ties
‘‘(a) TRAINING GRANT PROGRAM.—
5
‘‘(1) The Secretary of Energy is authorized to
6
award grants to organizations referred to in para-
7
graph (2) in order for such organizations—
8
‘‘(A) to provide training and education to
9
persons who are or may be engaged in haz-
10
ardous substance response or emergency re-
11
sponse at Department of Energy nuclear weap-
12
ons facilities; and
13
‘‘(B) to develop curricula for such training
14
and education.
15
‘‘(2)(A) Subject to subparagraph (B), the Sec-
16
retary is authorized to award grants under para-
17
graph (1) to non-profit organizations that have dem-
18
onstrated (as determined by the Secretary) capabili-
19
ties in—
20
‘‘(i) implementing and conducting effective
21
training and education programs relating to the
22
general health and safety of workers; and
23
‘‘(ii) identifying, and involving in training,
24
groups of workers whose duties include haz-
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1
ardous substance response or emergency re-
2
sponse.
3
‘‘(B) The Secretary shall give preference in the
4
award of grants under this section to employee orga-
5
nizations and joint labor-management training pro-
6
grams that are grant recipients under section 126(g)
7
of the Superfund Amendments and Reauthorization
8
Act of 1986 (42 U.S.C. 9660a).
9
‘‘(3) An organization awarded a grant under
10
paragraph (1) shall carry out training, education, or
11
curricula development pursuant to Department of
12
Energy orders relating to employee safety training,
13
including orders numbered 5480.4 and 5480.11.
14
‘‘(b) ENFORCEMENT OF EMPLOYEE SAFETY STAND-
15
ARDS.—
16
‘‘(1) Subject to paragraph (2), the Secretary
17
shall assess civil penalties against any contractor of
18
the Department of Energy who (as determined by
19
the Secretary)—
20
‘‘(A) employs individuals who are engaged
21
in hazardous substance response or emergency
22
response at Department of Energy nuclear
23
weapons facilities; and
24
‘‘(B) fails (i) to provide for the training of
25
such individuals to carry out such hazardous
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1
substance response or emergency response, or
2
(ii) to certify to the Department of Energy that
3
such employees are adequately trained for such
4
response pursuant to orders issued by the De-
5
partment of Energy relating to employee safety
6
training (including orders numbered 5480.4
7
and 5480.11).
8
‘‘(2) Civil penalties assessed under this sub-
9
section may not exceed $5,000 for each day in which
10
a failure referred to in paragraph (1)(B) occurs.
11
‘‘(c) REGULATIONS.—The Secretary shall prescribe
12 regulations to carry out this section.
13
‘‘(d) DEFINITIONS.—For the purposes of this section,
14 the term ‘hazardous substance’ includes radioactive waste
15 and mixed radioactive and hazardous waste.
16 ‘‘§ 6262. Safety oversight and enforcement at defense
17
18
nuclear facilities
‘‘The Secretary of Energy shall take appropriate ac-
19 tions to ensure that—
20
‘‘(1) officials of the Department of Energy who
21
are responsible for independent oversight of matters
22
relating to nuclear safety at defense nuclear facilities
23
and enforcement of nuclear safety standards at such
24
facilities maintain independence from officials who
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1
are engaged in, or who are advising persons who are
2
engaged in, management of such facilities;
3
‘‘(2) the independent, internal oversight func-
4
tions carried out by the Department include activi-
5
ties relating to—
6
7
‘‘(A) the assessment of the safety of defense nuclear facilities;
8
‘‘(B) the assessment of the effectiveness of
9
Department program offices in carrying out
10
programs relating to the environment, safety,
11
health, and security at defense nuclear facili-
12
ties;
13
14
‘‘(C) the provision to the Secretary of oversight reports that—
15
16
‘‘(i) contain validated technical information; and
17
‘‘(ii) provide a clear analysis of the ex-
18
tent to which line programs governing de-
19
fense nuclear facilities meet applicable
20
goals for the environment, safety, health,
21
and security at such facilities; and
22
‘‘(D) the development of clear performance
23
standards to be used in assessing the adequacy
24
of the programs referred to in subparagraph
25
(C)(ii);
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‘‘(3) the Department has a system for bringing
2
issues relating to nuclear safety at defense nuclear
3
facilities to the attention of the officials of the De-
4
partment (including the Secretary of Energy) who
5
have authority to resolve such issues in an adequate
6
and timely manner; and
7
‘‘(4) an adequate number of qualified personnel
8
of the Department are assigned to oversee matters
9
relating to nuclear safety at defense nuclear facilities
10
and enforce nuclear safety standards at such facili-
11
ties.
12 ‘‘§ 6263. Program to monitor department of energy
13
workers exposed to hazardous and radio-
14
active substances
15
‘‘(a) IN GENERAL.—The Secretary of Energy shall
16 establish and carry out a program for the identification
17 and on-going medical evaluation of current and former
18 Department of Energy employees who are subject to sig19 nificant health risks as a result of the exposure of such
20 employees to hazardous or radioactive substances during
21 such employment.
22
‘‘(b) IMPLEMENTATION OF PROGRAM.—
23
‘‘(1) The Secretary shall, with the concurrence
24
of the Secretary of Health and Human Services,
25
issue regulations under which the Secretary shall im-
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1
plement the program. Such regulations shall, to the
2
extent practicable, provide for a process to—
3
‘‘(A) identify the hazardous substances and
4
radioactive substances to which current and
5
former Department of Energy employees may
6
have been exposed as a result of such employ-
7
ment;
8
‘‘(B) identify employees referred to in sub-
9
paragraph (A) who received a level of exposure
10
identified under paragraph (2)(B);
11
‘‘(C) determine the appropriate number,
12
scope, and frequency of medical evaluations and
13
laboratory tests to be provided to employees
14
who have received a level of exposure identified
15
under paragraph (2)(B) to permit the Secretary
16
to evaluate fully the extent, nature, and medical
17
consequences of such exposure;
18
‘‘(D) make available the evaluations and
19
tests referred to in subparagraph (C) to the em-
20
ployees referred to in such subparagraph;
21
‘‘(E) ensure that privacy is maintained
22
with respect to medical information that per-
23
sonally identifies any such employee; and
24
25
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‘‘(2)(A) In determining the most appropriate
2
means of carrying out the activities referred to in
3
subparagraphs (A) through (D) of paragraph (1),
4
the Secretary shall consult with the Secretary of
5
Health and Human Services under the agreement
6
referred to in subsection (c).
7
‘‘(B) The Secretary of Health and Human
8
Services, with the assistance of the Director of the
9
Centers for Disease Control and Prevention and the
10
Director of the National Institute for Occupational
11
Safety and Health, and the Secretary of Labor shall
12
identify the levels of exposure to the substances re-
13
ferred to in subparagraph (A) of paragraph (1) that
14
present employees referred to in such subparagraph
15
with significant health risks under Federal and
16
State occupational, health, and safety standards.
17
‘‘(3) In prescribing the guidelines referred to in
18
paragraph (1), the Secretary shall consult with rep-
19
resentatives of the following entities:
20
21
‘‘(A) The American College of Occupational and Environmental Medicine.
22
‘‘(B) The National Academy of Sciences.
23
‘‘(C) The National Council on Radiation
24
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1
‘‘(D) Any labor organization or other col-
2
lective bargaining agent authorized to act on
3
the behalf of employees of a Department of En-
4
ergy defense nuclear facility.
5
‘‘(4) The Secretary shall provide for each em-
6
ployee identified under paragraph (1)(B) and pro-
7
vided with any medical examination or test under
8
paragraph (1) to be notified by the appropriate med-
9
ical personnel of the identification and the results of
10
any such examination or test. Each notification
11
under this paragraph shall be provided in a form
12
that is readily understandable by the employee.
13
‘‘(5) The Secretary shall collect and assemble
14
information relating to the examinations and tests
15
carried out under paragraph (1).
16
‘‘(6) The Secretary shall commence carrying
17
out the program described in this subsection not
18
later than October 23, 1993.
19
‘‘(c) AGREEMENT WITH SECRETARY OF HEALTH
20
AND HUMAN SERVICES.—Not later than April 23, 1993,
21 the Secretary shall enter into an agreement with the Sec22 retary of Health and Human Services relating to the es23 tablishment and conduct of the program required and reg24 ulations issued under this section.
25
‘‘(d) DEFINITIONS.—In this section:
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1
‘‘(1) The term ‘Department of Energy defense
2
nuclear facility’ has the meaning given that term in
3
section 6243(f).
4
‘‘(2) The term ‘Department of Energy em-
5
ployee’ means any employee of the Department of
6
Energy employed at a Department of Energy de-
7
fense nuclear facility, including any employee of a
8
contractor or subcontractor of the Department of
9
Energy employed at such a facility.
10 ‘‘§ 6264. Programs for persons who may have been ex11
posed to radiation released from Hanford
12
Nuclear Reservation
13
‘‘(a) FUNDING.—Of the funds authorized to be ap-
14 propriated to the Department of Energy under title XXXI
15 of the National Defense Authorization Act for Fiscal Year
16 1991 (Public Law 101–510), the Secretary of Energy
17 shall make available $3,000,000 to the State of Wash18 ington, $1,000,000 to the State of Oregon, and
19 $1,000,000 to the State of Idaho. Such funds shall be
20 used to develop and implement programs for the benefit
21 of persons who may have been exposed to radiation re22 leased from the Department of Energy Hanford Nuclear
23 Reservation (Richland, Washington) between the years
24 1944 and 1972.
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1
‘‘(b) PROGRAMS.—The programs to be developed by
2 the States may include only the following activities:
3
‘‘(1) Preparing and distributing information on
4
the health effects of radiation to health care profes-
5
sionals, and to persons who may have been exposed
6
to radiation.
7
‘‘(2) Developing and implementing mechanisms
8
for referring persons who may have been exposed to
9
radiation to health care professionals with expertise
10
in the health effects of radiation.
11
‘‘(3) Evaluating and, if feasible, implementing,
12
registration and monitoring of persons who may
13
have been exposed to radiation released from the
14
Hanford Nuclear Reservation.
15
‘‘(c) PLAN AND REPORTS.—
16
‘‘(1) The States of Washington, Oregon, and
17
Idaho shall jointly develop a single plan for imple-
18
menting this section.
19
‘‘(2) Not later than May 5, 1991, such States
20
shall submit to the Secretary of Energy and Con-
21
gress a copy of the plan developed under paragraph
22
(1).
23
‘‘(3) Not later than May 5, 1992, such States
24
shall submit to the Secretary of Energy and Con-
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1
gress a single report on the implementation of the
2
plan developed under paragraph (1).
3
‘‘(4) In developing and implementing the plan,
4
such States shall consult with persons carrying out
5
current radiation dose and epidemiological research
6
programs (including the Hanford Thyroid Disease
7
Study of the Centers for Disease Control and Pre-
8
vention and the Hanford Environmental Dose Re-
9
construction Project of the Department of Energy),
10
and may not cause substantial damage to such re-
11
search programs.
12
‘‘(d) PROHIBITION ON DISCLOSURE OF EXPOSURE
13 INFORMATION.—
14
‘‘(1) Except as provided in paragraph (2), a
15
person may not disclose to the public the following:
16
‘‘(A) Any information obtained through a
17
program that identifies a person who may have
18
been exposed to radiation released from the
19
Hanford Nuclear Reservation.
20
‘‘(B) Any information obtained through a
21
program that identifies a person participating
22
in any of the programs developed under this
23
section.
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1
‘‘(C) The name, address, and telephone
2
number of a person requesting information re-
3
ferred to in subsection (b)(1).
4
‘‘(D) The name, address, and telephone
5
number of a person who has been referred to a
6
health
7
(b)(2).
care
professional
under
subsection
8
‘‘(E) The name, address, and telephone
9
number of a person who has been registered
10
and monitored pursuant to subsection (b)(3).
11
‘‘(F) Information that identifies the person
12
from whom information referred to in this para-
13
graph was obtained under a program or any
14
other third party involved with, or identified by,
15
any such information so obtained.
16
‘‘(G) Any other personal or medical infor-
17
mation that identifies a person or party re-
18
ferred to in subparagraphs (A) through (F).
19
‘‘(H) Such other information or categories
20
of information as the chief officers of the health
21
departments of the States of Washington, Or-
22
egon, and Idaho jointly designate as informa-
23
tion covered by this subsection.
24
‘‘(2) Information referred to in paragraph (1)
25
may be disclosed to the public if the person identi-
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1
fied by the information, or the legal representative
2
of that person, has consented in writing to the dis-
3
closure.
4
‘‘(3) The States of Washington, Oregon, and
5
Idaho shall establish uniform procedures for car-
6
rying out this subsection, including procedures gov-
7
erning the following:
8
‘‘(A) The disclosure of information under
9
paragraph (2).
10
‘‘(B) The use of the Hanford Health Infor-
11
mation Network database.
12
‘‘(C) The future disposition of the data-
13
base.
14
‘‘(D) Enforcement of the prohibition pro-
15
vided in paragraph (1) on the disclosure of in-
16
formation described in that paragraph.
17 ‘‘§ 6265. Use of probabilistic risk assessment to en18
sure nuclear safety of facilities of the Ad-
19
ministration and the Office of Environ-
20
mental Management
21
‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI-
22
TIES.—The Administrator and the Secretary of Energy
23 shall ensure that the methods for assessing, certifying,
24 and overseeing nuclear safety at the facilities specified in
25 subsection (c) use national and international standards
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1 and nuclear industry best practices, including probabilistic
2 or quantitative risk assessment if sufficient data exist.
3
‘‘(b) ADEQUATE PROTECTION.—The use of prob-
4 abilistic or quantitative risk assessment under subsection
5 (a) shall be to support, rather than replace, the require6 ment under section 182 of the Atomic Energy Act of 1954
7 (42 U.S.C. 2232) that the utilization or production of spe8 cial nuclear material will be in accordance with the com9 mon defense and security and will provide adequate pro10 tection to the health and safety of the public.
11
‘‘(c) FACILITIES SPECIFIED.—Subsection (a) shall
12 apply—
13
‘‘(1) to the Administrator with respect to the
14
national security laboratories and the nuclear weap-
15
ons production facilities; and
16
‘‘(2) to the Secretary of Energy with respect to
17
defense nuclear facilities of the Office of Environ-
18
mental Management of the Department of Energy.
19 ‘‘§ 6266. Notification of nuclear criticality and non20
21
nuclear incidents
‘‘(a) NOTIFICATION.—The Secretary of Energy or
22 the Administrator, as the case may be, shall submit to
23 the appropriate congressional committees a notification of
24 a nuclear criticality incident resulting from a covered pro25 gram that results in an injury or fatality or results in the
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1 shutdown, or partial shutdown, of a covered facility by not
2 later than 15 days after the date of such incident.
3
‘‘(b) ELEMENTS OF NOTIFICATION.—Each notifica-
4 tion submitted under subsection (a) shall include the fol5 lowing:
6
7
‘‘(1) A description of the incident, including the
cause of the incident.
8
‘‘(2) In the case of a criticality incident, wheth-
9
er the incident caused a facility, or part of a facility,
10
to be shut down.
11
‘‘(3) The effect, if any, on the mission of the
12
Administration or the Office of Environmental Man-
13
agement of the Department of Energy.
14
‘‘(4) Any corrective action taken in response to
15
the incident.
16
‘‘(c) DATABASE.—
17
18
‘‘(1) The Secretary shall maintain a record of
incidents described in paragraph (2).
19
‘‘(2) An incident described in this paragraph is
20
any of the following incidents resulting from a cov-
21
ered program:
22
‘‘(A) A nuclear criticality incident that re-
23
sults in an injury or fatality or results in the
24
shutdown, or partial shutdown, of a covered fa-
25
cility.
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1
‘‘(B) A non-nuclear incident that results in
2
serious bodily injury or fatality at a covered fa-
3
cility.
4
‘‘(d) COOPERATION.—In carrying out this section,
5 the Secretary and the Administrator shall ensure that
6 each management and operating contractor of a covered
7 facility cooperates in a timely manner.
8
‘‘(e) DEFINITIONS.—In this section:
9
10
‘‘(1) The term ‘appropriate congressional committees’ means—
11
12
‘‘(A) the congressional defense committees;
and
13
‘‘(B) the Committee on Energy and Com-
14
merce of the House of Representatives and the
15
Committee on Energy and Natural Resources of
16
the Senate.
17
‘‘(2) The term ‘covered facility’ means—
18
19
‘‘(A) a facility of the nuclear security enterprise; and
20
‘‘(B) a facility conducting activities for the
21
defense environmental cleanup program of the
22
Office of Environmental Management of the
23
Department of Energy.
24
‘‘(3) The term ‘covered program’ means—
25
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1
‘‘(B) defense environmental cleanup pro-
2
grams of the Office of Environmental Manage-
3
ment of the Department of Energy.
4
‘‘CHAPTER 607—BUDGET AND FINANCIAL
5
MANAGEMENT MATTERS
6
‘‘SUBCHAPTER I—RECURRING NATIONAL
7
SECURITY AUTHORIZATION PROVISIONS
8 ‘‘§ 6271. Definitions
9
‘‘In this subchapter:
10
‘‘(1) The term ‘DOE national security author-
11
ization’ means an authorization of appropriations for
12
activities of the Department of Energy in carrying
13
out programs necessary for national security.
14
‘‘(2)(A) Except as provided by subparagraph
15
(B), the term ‘minor construction threshold’ means
16
$30,000,000.
17
‘‘(B) The Administrator may calculate the
18
amount specified in subparagraph (A) based on fis-
19
cal year 2022 constant dollars if the Adminis-
20
trator—
21
‘‘(i) submits to the congressional defense
22
committees a report on the method used by the
23
Administrator to calculate the adjustment;
24
25
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‘‘(ii) a period of 30 days elapses following
the date of such submission; and
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1
‘‘(iii) publishes the adjusted amount in the
2
Federal Register.
3 ‘‘§ 6272. Reprogramming
4
‘‘(a) IN GENERAL.—Except as provided in subsection
5 (b) and in sections 5791 and 5792 of this title, the Sec6 retary of Energy may not use amounts appropriated pur7 suant to a DOE national security authorization for a pro8 gram—
9
‘‘(1) in amounts that exceed, in a fiscal year—
10
‘‘(A) 115 percent of the amount authorized
11
for that program by that authorization for that
12
fiscal year; or
13
‘‘(B) $5,000,000 more than the amount
14
authorized for that program by that authoriza-
15
tion for that fiscal year; or
16
‘‘(2) which has not been presented to, or re-
17
quested of, Congress.
18
‘‘(b)
EXCEPTION
WHERE
NOTICE-AND-WAIT
19 GIVEN.—An action described in subsection (a) may be
20 taken if—
21
‘‘(1) the Secretary submits to the congressional
22
defense committees a report referred to in subsection
23
(c) with respect to such action; and
24
25
‘‘(2) a period of 30 days has elapsed after the
date on which such committees receive the report.
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1
‘‘(c) REPORT.—The report referred to in this sub-
2 section is a report containing a full and complete state3 ment of the action proposed to be taken and the facts and
4 circumstances relied upon in support of the proposed ac5 tion.
6
‘‘(d) COMPUTATION OF DAYS.—In the computation
7 of the 30-day period under subsection (b), there shall be
8 excluded any day on which either House of Congress is
9 not in session because of an adjournment of more than
10 three days to a day certain.
11
‘‘(e) LIMITATIONS.—
12
‘‘(1) TOTAL AMOUNT OBLIGATED.—In no event
13
may the total amount of funds obligated pursuant to
14
a DOE national security authorization for a fiscal
15
year exceed the total amount authorized to be appro-
16
priated by that authorization for that fiscal year.
17
‘‘(2) PROHIBITED ITEMS.—Funds appropriated
18
pursuant to a DOE national security authorization
19
may not be used for an item for which Congress has
20
specifically denied funds.
21 ‘‘§ 6273. Minor construction projects
22
‘‘(a) AUTHORITY.—Using operation and maintenance
23 funds or facilities and infrastructure funds authorized by
24 a DOE national security authorization, the Secretary of
25 Energy may carry out minor construction projects.
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1
‘‘(b) ANNUAL REPORT.—The Secretary shall submit
2 to the congressional defense committees on an annual
3 basis a report on each exercise of the authority in sub4 section (a) during the preceding fiscal year. Each report
5 shall provide a brief description of each minor construction
6 project covered by the report. The report shall include with
7 respect to each project the following:
8
9
‘‘(1) The estimated original total project cost
and the estimated original date of completion.
10
11
‘‘(2) The percentage of the project that is complete.
12
‘‘(3) The current estimated total project cost
13
and estimated date of completion.
14
‘‘(c) COST VARIATION REPORTS TO CONGRESSIONAL
15 COMMITTEES.—If, at any time during the construction of
16 any minor construction project authorized by a DOE na17 tional security authorization, the estimated cost of the
18 project is revised and the revised cost of the project ex19 ceeds the minor construction threshold, the Secretary shall
20 immediately submit to the congressional defense commit21 tees a report explaining the reasons for the cost variation.
22
‘‘(d)
NOTIFICATION
REQUIRED
FOR
CERTAIN
23 PROJECTS.—Notwithstanding subsection (a), the Sec24 retary may not start a minor construction project with a
25 total estimated cost of more than $5,000,000 until—
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‘‘(1) the Secretary notifies the congressional de-
2
fense committees of such project and total estimated
3
cost; and
4
‘‘(2) a period of 15 days has elapsed after the
5
date on which such notification is received.
6
‘‘(e) MINOR CONSTRUCTION PROJECT DEFINED.—In
7 this section, the term ‘minor construction project’ means
8 any plant project not specifically authorized by law for
9 which the approved total estimated cost does not exceed
10 the minor construction threshold.
11 ‘‘§ 6274. General plant projects
12
‘‘ Plant or construction projects for which amounts
13 are made available under this and subsequent appropria14 tion Acts with a current estimated cost of less than
15 $10,000,000 are considered for purposes of section 6273
16 as a plant project for which the approved total estimated
17 cost does not exceed the minor construction threshold and
18 for purposes of section 6275 as a construction project with
19 a current estimated cost of less than a minor construction
20 threshold.
21 ‘‘§ 6275. Limits on construction projects
22
‘‘(a) CONSTRUCTION COST CEILING.—Except as pro-
23 vided in subsection (b), construction on a construction
24 project which is in support of national security programs
25 of the Department of Energy and was authorized by a
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1 DOE national security authorization may not be started,
2 and additional obligations in connection with the project
3 above the total estimated cost may not be incurred, when4 ever the current estimated cost of the construction project
5 exceeds by more than 25 percent the higher of—
6
‘‘(1) the amount authorized for the project; or
7
‘‘(2) the amount of the total estimated cost for
8
the project as shown in the most recent budget jus-
9
tification data submitted to Congress.
10
‘‘(b)
EXCEPTION
WHERE
NOTICE-AND-WAIT
11 GIVEN.—An action described in subsection (a) may be
12 taken if—
13
‘‘(1) the Secretary of Energy has submitted to
14
the congressional defense committees a report on the
15
actions and the circumstances making such action
16
necessary; and
17
‘‘(2) a period of 30 days has elapsed after the
18
date on which the report is received by the commit-
19
tees.
20
‘‘(c) COMPUTATION OF DAYS.—In the computation
21 of the 30-day period under subsection (b), there shall be
22 excluded any day on which either House of Congress is
23 not in session because of an adjournment of more than
24 three days to a day certain.
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1
‘‘(d) EXCEPTION
FOR
MINOR PROJECTS.—Sub-
2 section (a) does not apply to a construction project with
3 a current estimated cost of less than the minor construc4 tion threshold.
5 ‘‘§ 6276. Fund transfer authority
6
‘‘(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
7 The Secretary of Energy may transfer funds authorized
8 to be appropriated to the Department of Energy pursuant
9 to a DOE national security authorization to other Federal
10 agencies for the performance of work for which the funds
11 were authorized. Funds so transferred may be merged
12 with and be available for the same purposes and for the
13 same time period as the authorizations of the Federal
14 agency to which the amounts are transferred.
15
16
‘‘(b) TRANSFER WITHIN DEPARTMENT
OF
EN-
PERMITTED.—Subject
to
ERGY.—
17
‘‘(1)
TRANSFERS
18
paragraph (2), the Secretary of Energy may transfer
19
funds authorized to be appropriated to the Depart-
20
ment of Energy pursuant to a DOE national secu-
21
rity authorization to any other DOE national secu-
22
rity authorization. Amounts of authorizations so
23
transferred may be merged with and be available for
24
the same purposes and for the same period as the
25
authorization to which the amounts are transferred.
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1
‘‘(2) MAXIMUM AMOUNTS.—Not more than 5
2
percent of any such authorization may be trans-
3
ferred to another authorization under paragraph (1).
4
No such authorization may be increased or de-
5
creased by more than 5 percent by a transfer under
6
such paragraph.
7
‘‘(c) LIMITATIONS.—The authority provided by this
8 subsection to transfer authorizations—
9
‘‘(1) may be used only to provide funds for
10
items relating to activities necessary for national se-
11
curity programs that have a higher priority than the
12
items from which the funds are transferred; and
13
‘‘(2) may not be used to provide funds for an
14
item for which Congress has specifically denied
15
funds.
16
‘‘(d) NOTICE TO CONGRESS.—The Secretary of En-
17 ergy shall promptly notify the congressional defense com18 mittees of any transfer of funds to or from any DOE na19 tional security authorization.
20 ‘‘§ 6277. Conceptual and construction design
21
‘‘(a) CONCEPTUAL DESIGN.—
22
‘‘(1) REQUIREMENT.—Subject to paragraph (2)
23
and except as provided in paragraph (3), before sub-
24
mitting to Congress a request for funds for a con-
25
struction project that is in support of a national se-
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1
curity program of the Department of Energy, the
2
Secretary of Energy shall complete a conceptual de-
3
sign for that project.
4
‘‘(2) REQUESTS
FOR
CONCEPTUAL
DESIGN
5
FUNDS.—If the estimated cost of completing a con-
6
ceptual design for a construction project exceeds
7
$5,000,000, the Secretary shall submit to Congress
8
a request for funds for the conceptual design before
9
submitting a request for funds for the construction
10
project.
11
‘‘(3) EXCEPTIONS.—The requirement in para-
12
graph (1) does not apply to a request for funds—
13
‘‘(A) for a construction project the total
14
estimated cost of which is less than the minor
15
construction threshold; or
16
‘‘(B) for emergency planning, design, and
17
18
construction activities under section 6278.
‘‘(b) CONSTRUCTION DESIGN.—
19
‘‘(1) AUTHORITY.— Within the amounts au-
20
thorized by a DOE national security authorization,
21
the Secretary may carry out construction design (in-
22
cluding architectural and engineering services) in
23
connection with any proposed construction project if
24
the total estimated cost for such design does not ex-
25
ceed $5,000,000.
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1
‘‘(2) LIMITATION ON AVAILABILITY OF FUNDS
2
FOR CERTAIN PROJECTS.—If
3
cost for construction design in connection with any
4
construction project exceeds $5,000,000, funds for
5
that design must be specifically authorized by law.
the total estimated
6 ‘‘§ 6278. Authority for emergency planning, design,
7
8
and construction activities
‘‘(a) AUTHORITY.—The Secretary of Energy may use
9 any funds available to the Department of Energy pursuant
10 to a DOE national security authorization, including funds
11 authorized to be appropriated for advance planning, engi12 neering, and construction design, and for plant projects,
13 to perform planning, design, and construction activities
14 for any Department of Energy national security program
15 construction project that, as determined by the Secretary,
16 must proceed expeditiously in order to protect public
17 health and safety, to meet the needs of national defense,
18 or to protect property.
19
‘‘(b) LIMITATION.—The Secretary may not exercise
20 the authority under subsection (a) in the case of a con21 struction project until the Secretary has submitted to the
22 congressional defense committees a report on the activities
23 that the Secretary intends to carry out under this section
24 and the circumstances making those activities necessary.
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1
‘‘(c) SPECIFIC AUTHORITY.—The requirement of sec-
2 tion 6277(b)(2) does not apply to emergency planning, de3 sign, and construction activities conducted under this sec4 tion.
5 ‘‘§ 6279. Scope of authority to carry out plant projects
6
‘‘ In carrying out programs necessary for national se-
7 curity, the authority of the Secretary of Energy to carry
8 out plant projects includes authority for maintenance, res9 toration, planning, construction, acquisition, modification
10 of facilities, and the continuation of projects authorized
11 in prior years, and land acquisition related thereto.
12 ‘‘§ 6280. Availability of funds
13
‘‘(a) IN GENERAL.—Except as provided in subsection
14 (b), amounts appropriated pursuant to a DOE national
15 security authorization for operation and maintenance or
16 for plant projects may, when so specified in an appropria17 tions Act, remain available until expended.
18
‘‘(b)
EXCEPTION
FOR
PROGRAM
DIRECTION
19 FUNDS.—Amounts appropriated for program direction
20 pursuant to a DOE national security authorization for a
21 fiscal year shall remain available to be obligated only until
22 the end of that fiscal year.
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1 ‘‘§ 6281. Transfer of defense environmental cleanup
2
funds
3
‘‘(a) TRANSFER AUTHORITY FOR DEFENSE ENVI-
4
RONMENTAL CLEANUP FUNDS.—The Secretary of Energy
5 shall provide the manager of each field office of the De6 partment of Energy with the authority to transfer defense
7 environmental cleanup funds from a program or project
8 under the jurisdiction of that office to another such pro9 gram or project.
10
‘‘(b) LIMITATIONS.—
11
‘‘(1) NUMBER OF TRANSFERS.—Not more than
12
one transfer may be made to or from any program
13
or project under subsection (a) in a fiscal year.
14
‘‘(2) AMOUNTS
TRANSFERRED.—The
amount
15
transferred to or from a program or project in any
16
one transfer under subsection (a) may not exceed
17
$5,000,000.
18
‘‘(3) DETERMINATION REQUIRED.—A transfer
19
may not be carried out by a manager of a field office
20
under subsection (a) unless the manager determines
21
that the transfer is necessary—
22
23
‘‘(A) to address a risk to health, safety, or
the environment; or
24
‘‘(B) to assure the most efficient use of de-
25
fense environmental cleanup funds at the field
26
office.
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‘‘(4) IMPERMISSIBLE USES.—Funds transferred
2
pursuant to subsection (a) may not be used for an
3
item for which Congress has specifically denied
4
funds or for a new program or project that has not
5
been authorized by Congress.
6
‘‘(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
7
MENTS.—The
requirements of section 6272 shall not
8 apply to transfers of funds pursuant to subsection (a).
9
‘‘(d) NOTIFICATION.—The Secretary, acting through
10 the Assistant Secretary of Energy for Environmental
11 Management, shall notify Congress of any transfer of
12 funds pursuant to subsection (a) not later than 30 days
13 after such transfer occurs.
14
‘‘(e) DEFINITIONS.—In this section:
15
‘‘(1) The term ‘program or project’ means, with
16
respect to a field office of the Department of En-
17
ergy, a program or project that is for defense envi-
18
ronmental cleanup activities necessary for national
19
security programs of the Department, that is being
20
carried out by that office, and for which defense en-
21
vironmental cleanup funds have been authorized and
22
appropriated.
23
‘‘(2) The term ‘defense environmental cleanup
24
funds’ means funds appropriated to the Department
25
of Energy pursuant to an authorization for carrying
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1
out defense environmental cleanup activities nec-
2
essary for national security programs.
3 ‘‘§ 6282. Transfer of weapons activities funds
4
‘‘(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVI-
5
TIES FUNDS.—The Secretary of Energy shall provide the
6 manager of each field office of the Department of Energy
7 with the authority to transfer weapons activities funds
8 from a program or project under the jurisdiction of that
9 office to another such program or project.
10
‘‘(b) LIMITATIONS.—
11
‘‘(1) NUMBER OF TRANSFERS.—Not more than
12
one transfer may be made to or from any program
13
or project under subsection (a) in a fiscal year.
14
‘‘(2) AMOUNTS
TRANSFERRED.—The
amount
15
transferred to or from a program or project in any
16
one transfer under subsection (a) may not exceed
17
$5,000,000.
18
‘‘(3) DETERMINATION REQUIRED.—A transfer
19
may not be carried out by a manager of a field office
20
under subsection (a) unless the manager determines
21
that the transfer—
22
23
24
25
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health, safety, or the environment; or
‘‘(B) will result in cost savings and efficiencies.
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1
‘‘(4) LIMITATION.—A transfer may not be car-
2
ried out by a manager of a field office under sub-
3
section (a) to cover a cost overrun or scheduling
4
delay for any program or project.
5
‘‘(5) IMPERMISSIBLE USES.—Funds transferred
6
pursuant to subsection (a) may not be used for an
7
item for which Congress has specifically denied
8
funds or for a new program or project that has not
9
been authorized by Congress.
10
‘‘(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
11
MENTS.—The
requirements of section 6272 shall not
12 apply to transfers of funds pursuant to subsection (a).
13
‘‘(d) NOTIFICATION.—The Secretary, acting through
14 the Administrator, shall notify Congress of any transfer
15 of funds pursuant to subsection (a) not later than 30 days
16 after such transfer occurs.
17
‘‘(e) DEFINITIONS.—In this section:
18
‘‘(1) The term ‘program or project’ means, with
19
respect to a field office of the Department of En-
20
ergy, a program or project that is for weapons ac-
21
tivities necessary for national security programs of
22
the Department, that is being carried out by that of-
23
fice, and for which weapons activities funds have
24
been authorized and appropriated.
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1
‘‘(2) The term ‘weapons activities funds’ means
2
funds appropriated to the Department of Energy
3
pursuant to an authorization for carrying out weap-
4
ons activities necessary for national security pro-
5
grams.
6 ‘‘§ 6283. Funds available for all national security pro7
grams of the Department of Energy
8
‘‘ Subject to the provisions of appropriation Acts and
9 section 6272, amounts appropriated pursuant to a DOE
10 national security authorization for management and sup11 port activities and for general plant projects are available
12 for use, when necessary, in connection with all national
13 security programs of the Department of Energy.
14 ‘‘§ 6284. Notification of cost overruns for certain De15
16
partment of Energy projects
‘‘(a) ESTABLISHMENT
OF
COST
AND
SCHEDULE
17 BASELINES.—
18
19
‘‘(1) STOCKPILE LIFE EXTENSION AND NEW
NUCLEAR WEAPON PROGRAM PROJECTS.—
20
‘‘(A) IN
GENERAL.—The
Administrator
21
shall establish a cost and schedule baseline for
22
each nuclear stockpile life extension or new nu-
23
clear weapon program project of the Adminis-
24
tration. In addition to the requirement under
25
subparagraph (B), the cost and schedule base-
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1
line of a nuclear stockpile life extension or new
2
nuclear weapon program project established
3
under this subparagraph shall be the cost and
4
schedule as described in the first Selected Ac-
5
quisition
6
6125(a) for the project.
Report
submitted
under
section
7
‘‘(B) PER UNIT COST.—The cost baseline
8
developed under subparagraph (A) shall in-
9
clude, with respect to each stockpile life exten-
10
sion or new nuclear weapon program project, an
11
estimated cost for each warhead in the project.
12
‘‘(C) NOTIFICATION
TO CONGRESSIONAL
13
DEFENSE
14
days after establishing a cost and schedule
15
baseline under subparagraph (A), the Adminis-
16
trator shall submit the cost and schedule base-
17
line to the congressional defense committees.
18
‘‘(2) MAJOR ALTERATION PROJECTS.—
19
COMMITTEES.—Not
‘‘(A) IN
GENERAL.—The
later than 30
Administrator
20
shall establish a cost and schedule baseline for
21
each major alteration project.
22
‘‘(B) PER UNIT COST.—The cost baseline
23
developed under subparagraph (A) shall in-
24
clude, with respect to each major alteration
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1
project, an estimated cost for each warhead in
2
the project.
3
‘‘(C) NOTIFICATION
TO CONGRESSIONAL
4
DEFENSE
5
days after establishing a cost and schedule
6
baseline under subparagraph (A), the Adminis-
7
trator shall submit the cost and schedule base-
8
line to the congressional defense committees.
9
COMMITTEES.—Not
later than 30
‘‘(D) MAJOR ALTERATION PROJECT DE-
10
FINED.—In
11
"major alteration project" means a
12
nuclear weapon system alteration project of the
13
Administration the cost of which exceeds
14
$800,000,000.
15
‘‘(3)
16
PROJECTS.—
this
paragraph,
DEFENSE-FUNDED
the
term
CONSTRUCTION
17
‘‘(A) IN GENERAL.—The Secretary of En-
18
ergy shall establish a cost and schedule baseline
19
under the project management protocols of the
20
Department of Energy for each construction
21
project that is—
22
‘‘(i) in excess of $65,000,000; and
23
‘‘(ii) carried out by the Department
24
using funds authorized to be appropriated
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1
for a fiscal year pursuant to a DOE na-
2
tional security authorization.
3
‘‘(B) NOTIFICATION
TO CONGRESSIONAL
4
DEFENSE
5
days after establishing a cost and schedule
6
baseline under subparagraph (A), the Secretary
7
shall submit the cost and schedule baseline to
8
the congressional defense committees.
9
‘‘(4)
10
PROJECTS.—
COMMITTEES.—Not
DEFENSE
later than 30
ENVIRONMENTAL
CLEANUP
11
‘‘(A) IN GENERAL.—The Secretary shall
12
establish a cost and schedule baseline under the
13
project management protocols of the Depart-
14
ment of Energy for each defense environmental
15
cleanup project that is—
16
‘‘(i) in excess of $65,000,000; and
17
‘‘(ii) carried out by the Department
18
pursuant to such protocols.
19
‘‘(B) NOTIFICATION
TO CONGRESSIONAL
20
DEFENSE
21
days after establishing a cost and schedule
22
baseline under subparagraph (A), the Secretary
23
shall submit the cost and schedule baseline to
24
the congressional defense committees.
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COMMITTEES.—Not
later than 30
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1813
1
‘‘(b) NOTIFICATION OF COSTS EXCEEDING BASE-
2
LINE.—The Administrator or the Secretary, as applicable,
3 shall notify the congressional defense committees not later
4 than 30 days after determining that—
5
‘‘(1) the total cost for a project referred to in
6
paragraph (1), (2), (3), or (4) of subsection (a) will
7
exceed an amount that is equal to 125 percent of the
8
cost baseline established under subsection (a) for
9
that project; and
10
‘‘(2) in the case of a stockpile life extension or
11
new nuclear weapon program project referred to in
12
subsection (a)(1) or a major alteration project re-
13
ferred to in subsection (a)(2), the cost for any war-
14
head in the project will exceed an amount that is
15
equal to 150 percent of the cost baseline established
16
under subsection (a)(1)(B) or (a)(2)(B), as applica-
17
ble, for each warhead in that project.
18
‘‘(c) NOTIFICATION OF DETERMINATION WITH RE-
19
SPECT TO TERMINATION OR CONTINUATION OF PROJECTS
20
AND ROOT CAUSE ANALYSES.—Not later than 90 days
21 after submitting a notification under subsection (b) with
22 respect to a project, the Administrator or the Secretary,
23 as applicable, shall—
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1
‘‘(1) notify the congressional defense commit-
2
tees with respect to whether the project will be ter-
3
minated or continued;
4
5
‘‘(2) if the project will be continued, certify to
the congressional defense committees that—
6
‘‘(A) a revised cost and schedule baseline
7
has been established for the project and, in the
8
case of a stockpile life extension or new nuclear
9
weapon program project referred to in subpara-
10
graph (A) or (B) of subsection (a)(1) or a
11
major alteration project referred to in sub-
12
section (a)(2), a revised estimate of the cost for
13
each warhead in the project has been made;
14
‘‘(B) the continuation of the project is nec-
15
essary to the mission of the Department of En-
16
ergy and there is no alternative to the project
17
that would meet the requirements of that mis-
18
sion; and
19
‘‘(C) a management structure is in place
20
adequate to manage and control the cost and
21
schedule of the project; and
22
‘‘(3) submit to the congressional defense com-
23
mittees an assessment of the root cause or causes of
24
the growth in the total cost of the project, including
25
the contribution of any shortcomings in cost, sched-
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1
ule, or performance of the program, including the
2
role, if any, of—
3
‘‘(A) unrealistic performance expectations;
4
‘‘(B) unrealistic baseline estimates for cost
5
or schedule;
6
‘‘(C) immature technologies or excessive
7
manufacturing or integration risk;
8
‘‘(D) unanticipated design, engineering,
9
manufacturing, or technology integration issues
10
arising during program performance;
11
‘‘(E) changes in procurement quantities;
12
‘‘(F) inadequate program funding or fund-
13
ing instability;
14
‘‘(G) poor performance by personnel of the
15
Federal Government or contractor personnel re-
16
sponsible for program management; or
17
18
‘‘(H) any other matters.
‘‘(d) APPLICABILITY OF REQUIREMENTS TO REVISED
19 COST AND SCHEDULE BASELINES.—A revised cost and
20 schedule baseline established under subsection (c) shall—
21
‘‘(1) be submitted to the congressional defense
22
committees with the certification submitted under
23
subsection (c)(2); and
24
‘‘(2) be subject to the notification requirements
25
of subsections (b) and (c) in the same manner and
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1
to the same extent as a cost and schedule baseline
2
established under subsection (a).
3 ‘‘§ 6285. Life-cycle cost estimates of certain atomic en4
5
ergy defense capital assets
‘‘(a) IN GENERAL.—The Secretary of Energy shall
6 ensure that an independent life-cycle cost estimate under
7 Department of Energy Order 413.3B (relating to program
8 management and project management for the acquisition
9 of capital assets), or a successor order, of each capital
10 asset described in subsection (b) is conducted before the
11 asset achieves critical decision 2 in the acquisition process.
12
‘‘(b) CAPITAL ASSETS DESCRIBED.—A capital asset
13 described in this subsection is an atomic energy defense
14 capital asset—
15
16
‘‘(1) the total project cost of which exceeds
$100,000,000; and
17
‘‘(2) the purpose of which is to perform a lim-
18
ited-life, single-purpose mission.
19
‘‘(c) INDEPENDENT DEFINED.—For purposes of sub-
20 section (a), the term ‘independent’, with respect to a life21 cycle cost estimate of a capital asset, means that the life22 cycle cost estimate is prepared by an organization inde23 pendent of the project sponsor, using the same detailed
24 technical and procurement information as the sponsor, to
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1 determine if the life-cycle cost estimate of the sponsor is
2 accurate and reasonable.
3 ‘‘§ 6286. Use of best practices for capital asset
4
projects and nuclear weapon life exten-
5
sion programs
6
‘‘(a) ANALYSES OF ALTERNATIVES.—Not later than
7 30 days after the date of the enactment of the National
8 Defense Authorization Act for Fiscal Year 2016 (Public
9 Law 114–92; 129 Stat. 726), the Secretary of Energy,
10 in coordination with the Administrator, shall ensure that
11 analyses of alternatives are conducted (including through
12 contractors, as appropriate) in accordance with best prac13 tices for capital asset projects and life extension programs
14 of the Administration and capital asset projects relating
15 to defense environmental management.
16
‘‘(b) COST ESTIMATES.—Not later than 30 days after
17 the date of the enactment of such Act, the Secretary, in
18 coordination with the Administrator, shall develop cost es19 timates in accordance with cost estimating best practices
20 for capital asset projects and life extension programs of
21 the Administration and capital asset projects relating to
22 defense environmental management.
23
‘‘(c) REVISIONS TO DEPARTMENTAL PROJECT MAN-
24
AGEMENT ORDER AND NUCLEAR WEAPON LIFE EXTEN-
25
SION REQUIREMENTS.—As soon as practicable after the
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1 date of the enactment of such Act, but not later than two
2 years after such date of enactment, the Secretary shall
3 revise—
4
‘‘(1) the capital asset project management order
5
of the Department of Energy to require the use of
6
best practices for preparing cost estimates and for
7
conducting analyses of alternatives for Administra-
8
tion and defense environmental management capital
9
asset projects; and
10
‘‘(2) the nuclear weapon life extension program
11
procedures of the Department to require the use of
12
best practices for preparing cost estimates and con-
13
ducting analyses of alternatives for Administration
14
life extension programs.
15 ‘‘§ 6287. Matters relating to critical decisions
16
‘‘(a) POST-CRITICAL DECISION 2 CHANGES.—After
17 the date on which a plant project specifically authorized
18 by law and carried out under Department of Energy Order
19 413.3B (relating to program management and project
20 management for the acquisition of capital assets), or a
21 successor order, achieves critical decision 2, the Adminis22 trator may not change the requirements for such project
23 if such change increases the cost of such project by more
24 than the lesser of $5,000,000 or 15 percent, unless—
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1
2
‘‘(1) the Administrator submits to the congressional defense committees—
3
‘‘(A) a certification that the Administrator,
4
without delegation, authorizes such proposed
5
change; and
6
‘‘(B) a cost-benefit and risk analysis of
7
such proposed change, including with respect
8
to—
9
‘‘(i) the effects of such proposed
10
change on the project cost and schedule;
11
and
12
‘‘(ii) any mission risks and operational
13
risks from making such change or not
14
making such change; and
15
‘‘(2) a period of 15 days elapses following the
16
date of such submission.
17
‘‘(b) REVIEW AND APPROVAL.—The Administrator
18 shall ensure that critical decision packages are timely re19 viewed and either approved or disapproved.
20 ‘‘§ 6288. Unfunded priorities of the Administration
21
‘‘(a) ANNUAL REPORT
OR
CERTIFICATION.—Not
22 later than 10 days after the date on which the budget of
23 the President for a fiscal year is submitted to Congress
24 pursuant to section 1105(a) of title 31, the Administrator
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1 shall submit to the Secretary of Energy and the congres2 sional defense committees either—
3
4
‘‘(1) a report on the unfunded priorities of the
Administration; or
5
‘‘(2) if the Administrator determines that there
6
are no unfunded priorities to include in such a re-
7
port, a certification and explanation by the Adminis-
8
trator, without delegation, of the determination.
9
‘‘(b) ELEMENTS.—
10
‘‘(1) IN GENERAL.—Each report under sub-
11
section (a)(1) shall specify, for each unfunded pri-
12
ority covered by the report, the following:
13
‘‘(A) A summary description of that pri-
14
ority, including the objectives to be achieved or
15
the risk to be mitigated if that priority is fund-
16
ed (whether in whole or in part).
17
‘‘(B) The additional amount of funds rec-
18
ommended in connection with the objectives or
19
risk mitigation under subparagraph (A).
20
‘‘(C) Account information with respect to
21
that priority.
22
‘‘(2) PRIORITIZATION
OF
PRIORITIES.—Each
23
report under subsection (a)(1) shall present the un-
24
funded priorities covered by the report in order of
25
urgency of priority.
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1
‘‘(c) UNFUNDED PRIORITY DEFINED.—In this sec-
2 tion, the term ‘unfunded priority’, in the case of a fiscal
3 year, means a program, activity, or mission requirement
4 that—
5
‘‘(1) is not funded in the budget of the Presi-
6
dent for that fiscal year as submitted to Congress
7
pursuant to section 1105(a) of title 31;
8
‘‘(2) is necessary to address a requirement as-
9
sociated with the mission of the Administration; and
10
‘‘(3) would have been recommended for funding
11
through the budget referred to in paragraph (1) by
12
the Administrator—
13
‘‘(A) if additional resources were available
14
for the budget to fund the program, activity, or
15
mission requirement; or
16
‘‘(B) in the case of a program, activity, or
17
mission requirement that emerged after the
18
budget was formulated, if the program, activity,
19
or mission requirement had emerged before the
20
budget was formulated.
21 ‘‘§ 6289. Review of adequacy of nuclear weapons
22
23
budget
‘‘(a) REVIEW OF ADEQUACY OF ADMINISTRATION
24 BUDGET BY NUCLEAR WEAPONS COUNCIL.—
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1
‘‘(1) TRANSMISSION
TO COUNCIL.—The
Sec-
2
retary of Energy shall transmit to the Nuclear
3
Weapons Council (in this section referred to as the
4
‘Council’) a copy of the proposed budget request of
5
the Administration for each fiscal year before that
6
budget request is submitted to the Director of the
7
Office of Management and Budget in relation to the
8
preparation of the budget of the President to be sub-
9
mitted to Congress under section 1105(a) of title 31.
10
‘‘(2) REVIEW.—The Council shall review each
11
budget request transmitted to the Council under
12
paragraph (1) in accordance with section 179(f).
13
‘‘(3) DEPARTMENT OF ENERGY RESPONSE.—
14
‘‘(A) IN GENERAL.—If the Council submits
15
to the Secretary of Energy a written description
16
under section 179(f)(2)(B)(i) with respect to
17
the budget request of the Administration for a
18
fiscal year, the Secretary shall include as an ap-
19
pendix to the budget request submitted to the
20
Director of the Office of Management and
21
Budget—
22
23
‘‘(i) the funding levels and initiatives
identified in that description; and
24
25
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‘‘(ii) any additional comments the
Secretary considers appropriate.
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1
‘‘(B) TRANSMISSION TO CONGRESS.—The
2
Secretary of Energy shall transmit to Congress,
3
with the budget justification materials sub-
4
mitted in support of the Department of Energy
5
budget for a fiscal year (as submitted with the
6
budget of the President under section 1105(a)
7
of title 31), a copy of the appendix described in
8
subparagraph (A).
9
‘‘(b) REVIEW AND CERTIFICATION OF DEPARTMENT
10
OF ENERGY BUDGET BY NUCLEAR WEAPONS COUNCIL.—
11 At the time the Secretary of Energy submits the budget
12 request of the Department of Energy for that fiscal year
13 to the Director of the Office of Management and Budget
14 in relation to the preparation of the budget of the Presi15 dent, the Secretary shall transmit a copy of the budget
16 request of the Department to the Council.
17 ‘‘§ 6290. Improvements to cost estimates informing
18
19
20
analyses of alternatives
‘‘(a) REQUIREMENT
FOR
ANALYSES
OF
ALTER-
NATIVES.—The Administrator shall ensure that any cost
21 estimate used in an analysis of alternatives for a project
22 carried out using funds authorized by a DOE national se23 curity authorization is designed to fully satisfy the require24 ments outlined in the mission needs statement approved
25 at critical decision 0 in the acquisition process, as set forth
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1 in Department of Energy Order 413.3B (relating to pro2 gram management and project management for the acqui3 sition of capital assets) or a successor order.
4
‘‘(b) USE OF PROJECT ENGINEERING AND DESIGN
5 FUNDS.—In the case of a project the total estimated cost
6 of which exceeds $500,000,000 and that has not reached
7 critical decision 1 in the acquisition process, the Adminis8 trator may use funds authorized by a DOE national secu9 rity authorization for project engineering and design to
10 begin the development of a conceptual design to facilitate
11 the development of a cost estimate for the project during
12 the analysis of alternatives for the project if—
13
‘‘(1) the Administrator—
14
‘‘(A) determines that such use of funds
15
would improve the quality of the cost estimate
16
for the project; and
17
‘‘(B) notifies the congressional defense
18
committees of that determination; and
19
‘‘(2) a period of 15 days has elapsed after the
20
date on which such committees receive the notifica-
21
tion.
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1
‘‘SUBCHAPTER II—PENALTIES
2 ‘‘§ 6301. Restriction on use of funds to pay penalties
3
4
under environmental laws
‘‘(a) RESTRICTION.—Funds appropriated to the De-
5 partment of Energy for the Naval Nuclear Propulsion
6 Program or the nuclear weapons programs or other atomic
7 energy defense activities of the Department of Energy
8 may not be used to pay a penalty, fine, or forfeiture in
9 regard to a defense activity or facility of the Department
10 of Energy due to a failure to comply with any environ11 mental requirement.
12
‘‘(b) EXCEPTION.—Subsection (a) shall not apply
13 with respect to an environmental requirement if—
14
15
‘‘(1) the President fails to request funds for
compliance with the environmental requirement; or
16
‘‘(2) Congress has appropriated funds for such
17
purpose (and such funds have not been sequestered,
18
deferred, or rescinded) and the Secretary of Energy
19
fails to use the funds for such purpose.
20 ‘‘§ 6302. Restriction on use of funds to pay penalties
21
22
under Clean Air Act
‘‘None of the funds authorized to be appropriated by
23 the Department of Energy National Security and Military
24 Applications of Nuclear Energy Authorization Act of 1981
25 (Public Law 96–540; 94 Stat. 3197) or any other Act may
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1 be used to pay any penalty, fine, forfeiture, or settlement
2 resulting from a failure to comply with the Clean Air Act
3 (42 U.S.C. 7401 et seq.) with respect to any defense activ4 ity of the Department of Energy if—
5
‘‘(1) the Secretary finds that compliance is
6
physically impossible within the time prescribed for
7
compliance; or
8
‘‘(2) the President has specifically requested ap-
9
propriations for compliance and Congress has failed
10
to appropriate funds for such purpose.
11
‘‘SUBCHAPTER III—OTHER MATTERS
12 ‘‘§ 6311. Reports on financial balances for atomic en13
14
ergy defense activities
‘‘(a) REPORTS REQUIRED.—
15
‘‘(1) IN GENERAL.—Concurrent with the sub-
16
mission of the budget justification materials sub-
17
mitted to Congress in support of the budget of the
18
President for a fiscal year (submitted to Congress
19
pursuant to section 1105(a) of title 31), the Sec-
20
retary of Energy shall submit to the congressional
21
defense committees a report on the financial bal-
22
ances for each atomic energy defense program.
23
‘‘(2) PRESENTATION
OF
INFORMATION.—In
24
each report required by paragraph (1), the Secretary
25
shall—
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1
‘‘(A) present information on the financial
2
balances for each atomic energy defense pro-
3
gram at the budget control levels used in the
4
report accompanying the most current Act ap-
5
propriating funds for energy and water develop-
6
ment; and
7
‘‘(B) present financial balances in connec-
8
tion with funding under recurring DOE na-
9
tional security authorizations (as defined in sec-
10
tion 6271) separately from balances in connec-
11
tion with funding under any other provision of
12
law.
13
‘‘(b) ELEMENTS.—
14
15
‘‘(1) FORMAT.—Each report required by subsection (a) shall—
16
‘‘(A) be divided into two parts, as specified
17
in paragraphs (2) and (3); and
18
‘‘(B) set forth the information required by
19
those paragraphs in summary form and by fis-
20
cal year.
21
‘‘(2) PART 1.—The first part of the report re-
22
quired by subsection (a) shall set forth, for each
23
atomic energy defense program, the following infor-
24
mation, as of the end of the most recently completed
25
fiscal year:
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1
‘‘(A) The balance of any unobligated funds
2
and an explanation for why those funds are un-
3
obligated.
4
‘‘(B) The total funds available to cost.
5
‘‘(C) The total balance of costed funds.
6
‘‘(D) The total balance of uncosted funds.
7
‘‘(E) The threshold for the balance of
8
uncosted funds, stated in dollars.
9
‘‘(F) The amount of any balance of
10
uncosted funds that is over or under that
11
threshold and, in the case of a balance over
12
that threshold, an explanation for why the bal-
13
ance is over that threshold.
14
‘‘(G) The total balance of encumbered,
15
uncosted funds.
16
‘‘(H) The total balance of unencumbered,
17
uncosted funds.
18
‘‘(I) The amount of any balance of
19
unencumbered, uncosted funds that is over or
20
under the threshold described in subparagraph
21
(E) and, in the case of a balance over that
22
threshold, an explanation for why the balance is
23
over that threshold.
24
‘‘(3) PART 2.—The second part of the report
25
required by subsection (a) shall set forth, for each
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1
atomic energy defense program, the following infor-
2
mation:
3
‘‘(A) The balance of any unobligated
4
funds, as of the end of the first quarter of the
5
current fiscal year.
6
‘‘(B) The total balance of uncosted funds,
7
as of the end of the first quarter of the current
8
fiscal year.
9
10
‘‘(C) Unalloted budget authority.
‘‘(c) DEFINITIONS.—In this section:
11
‘‘(1) COSTED.—The term ‘costed’, with respect
12
to funds, means the funds have been obligated to a
13
contract and goods or services have been received
14
from the contractor in exchange for the funds.
15
‘‘(2) ENCUMBERED.—The term ‘encumbered’,
16
with respect to funds, means the funds have been
17
obligated to a contract and are being held for a spe-
18
cific known purpose by the contractor.
19
‘‘(3) UNCOSTED.—The term ‘uncosted’, with re-
20
spect to funds, means the funds have been obligated
21
to a contract and goods or services have not been re-
22
ceived from the contractor in exchange for the
23
funds.
24
25
‘‘(4)
UNENCUMBERED.—The
term
‘unencumbered’, with respect to funds, means the
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1
funds have been obligated to a contract and are not
2
being held for a specific known purpose by the con-
3
tractor.
4
‘‘(5) THRESHOLD.—The term ‘threshold’ means
5
a benchmark over which a balance carried over at
6
the end of a fiscal year should be given greater scru-
7
tiny by Congress.
8
‘‘(6) TOTAL FUNDS AVAILABLE TO COST.—The
9
term ‘total funds available to cost’ means the sum
10
of—
11
‘‘(A) total uncosted obligations from prior
12
fiscal years;
13
‘‘(B) current fiscal year obligations; and
14
‘‘(C) current fiscal year deobligations.
15 ‘‘§ 6312. Independent acquisition project reviews of
16
capital assets acquisition projects
17
‘‘(a) REVIEWS.—The appropriate head shall ensure
18 that an independent entity conducts reviews of each cap19 ital assets acquisition project as the project moves toward
20 the approval of each of critical decision 0, critical decision
21 1, and critical decision 2 in the acquisition process.
22
‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addi-
23 tion to any other matters, with respect to each review of
24 a capital assets acquisition project under subsection (a)
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1 that has not reached critical decision 1 approval in the
2 acquisition process, such review shall include—
3
4
‘‘(1) a review using best practices of the analysis of alternatives for the project; and
5
‘‘(2) identification of any deficiencies in such
6
analysis of alternatives for the appropriate head to
7
address.
8
‘‘(c) INDEPENDENT ENTITIES.—The appropriate
9 head shall ensure that each review of a capital assets ac10 quisition project under subsection (a) is conducted by an
11 independent entity with the appropriate expertise with re12 spect to the project and the stage in the acquisition proc13 ess of the project.
14
‘‘(d) DEFINITIONS.—In this section:
15
‘‘(1) The term ‘acquisition process’ means the
16
acquisition process for a project, as defined in De-
17
partment of Energy Order 413.3B (relating to
18
project management and project management for
19
the acquisition of capital assets), or a successor
20
order.
21
‘‘(2) The term ‘appropriate head’ means—
22
‘‘(A) the Administrator, with respect to
23
capital assets acquisition projects of the Admin-
24
istration; and
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1
‘‘(B) the Assistant Secretary of Energy for
2
Environmental Management, with respect to
3
capital assets acquisition projects of the Office
4
of Environmental Management.
5
‘‘(3) The term ‘capital assets acquisition
6
project’ means a project—
7
‘‘(A) the total project cost of which is more
8
than $500,000,000; and
9
‘‘(B) that is covered by Department of En-
10
ergy Order 413.3B, or a successor order, for
11
the acquisition of capital assets for atomic en-
12
ergy defense activities.
13
‘‘CHAPTER 608—ADMINISTRATIVE
14
MATTERS
15
‘‘SUBCHAPTER I—CONTRACTS
16 ‘‘§ 6321. Costs not allowed under covered contracts
17
‘‘(a) IN GENERAL.—The following costs are not al-
18 lowable under a covered contract:
19
‘‘(1) Costs of entertainment, including amuse-
20
ment, diversion, and social activities and any costs
21
directly associated with such costs (such as tickets
22
to shows or sports events, meals, lodging, rentals,
23
transportation, and gratuities).
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1
‘‘(2) Costs incurred to influence (directly or in-
2
directly) legislative action on any matter pending be-
3
fore Congress or a State legislature.
4
‘‘(3) Costs incurred in defense of any civil or
5
criminal fraud proceeding or similar proceeding (in-
6
cluding filing of any false certification) brought by
7
the United States where the contractor is found lia-
8
ble or has pleaded nolo contendere to a charge of
9
fraud or similar proceeding (including filing of false
10
certification).
11
‘‘(4) Payments of fines and penalties resulting
12
from violations of, or failure to comply with, Fed-
13
eral, State, local, or foreign laws and regulations, ex-
14
cept when incurred as a result of compliance with
15
specific terms and conditions of the contract or spe-
16
cific written instructions from the contracting officer
17
authorizing in advance such payments in accordance
18
with applicable regulations of the Secretary of En-
19
ergy.
20
21
‘‘(5) Costs of membership in any social, dining,
or country club or organization.
22
‘‘(6) Costs of alcoholic beverages.
23
‘‘(7) Contributions or donations, regardless of
24
the recipient.
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1
2
‘‘(8) Costs of advertising designed to promote
the contractor or its products.
3
4
‘‘(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
5
‘‘(10) Costs for travel by commercial aircraft or
6
by travel by other than common carrier that is not
7
necessary for the performance of the contract and
8
the cost of which exceeds the amount of the stand-
9
ard commercial fare.
10
‘‘(b) REGULATIONS; COSTS OF INFORMATION PRO-
11
VIDED TO CONGRESS OR STATE LEGISLATURES AND RE-
12
LATED COSTS.—
13
‘‘(1) Not later than 150 days after November
14
8, 1985, the Secretary of Energy shall prescribe reg-
15
ulations to implement this section. Such regulations
16
may establish appropriate definitions, exclusions,
17
limitations, and qualifications. Such regulations shall
18
be published in accordance with section 1707 of title
19
41.
20
‘‘(2) In any regulations implementing sub-
21
section (a)(2), the Secretary may not treat as not al-
22
lowable (by reason of such subsection) the following
23
costs of a contractor:
24
‘‘(A) Costs of providing to Congress or a
25
State legislature, in response to a request from
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1
Congress or a State legislature, information of
2
a factual, technical, or scientific nature, or ad-
3
vice of experts, with respect to topics directly
4
related to the performance of the contract.
5
‘‘(B) Costs for transportation, lodging, or
6
meals incurred for the purpose of providing
7
such information or advice.
8
‘‘(c) COVERED CONTRACT DEFINED.—In this sec-
9 tion, the term‘covered contract’ means a contract for an
10 amount more than $100,000 entered into by the Secretary
11 of Energy obligating funds appropriated for national secu12 rity programs of the Department of Energy.
13
‘‘(d) EFFECTIVE DATE.—Subsection (a) shall apply
14 with respect to costs incurred under a covered contract
15 on or after 30 days after the regulations required by sub16 section (b) are issued.
17 ‘‘§ 6322. Prohibition and report on bonuses to con18
tractors operating defense nuclear facili-
19
ties
20
‘‘(a) PROHIBITION.—The Secretary of Energy may
21 not provide any bonuses, award fees, or other form of
22 performance- or production-based awards to a contractor
23 operating a Department of Energy defense nuclear facility
24 unless, in evaluating the performance or production under
25 the contract, the Secretary considers the contractor’s com-
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1 pliance with all applicable environmental, safety, and
2 health statutes, regulations, and practices for determining
3 both the size of, and the contractor’s qualification for,
4 such bonus, award fee, or other award. The prohibition
5 in this subsection applies with respect to contracts entered
6 into, or contract options exercised, after November 29,
7 1989.
8
‘‘(b) REGULATIONS.—The Secretary of Energy shall
9 promulgate regulations to implement subsection (a) not
10 later than March 1, 1990.
11 ‘‘§ 6323. Assessments of emergency preparedness of
12
13
defense nuclear facilities
‘‘ The Secretary of Energy shall include, in each
14 award-fee evaluation conducted under section 16.401 of
15 title 48, Code of Federal Regulations, of a management
16 and operating contract for a Department of Energy de17 fense nuclear facility in 2016 or any even-numbered year
18 thereafter, an assessment of the adequacy of the emer19 gency preparedness of that facility, including an assess20 ment of the seniority level of management and operating
21 contractor employees that participate in emergency pre22 paredness exercises at that facility.
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1 ‘‘§ 6324. Contractor liability for injury or loss of prop2
erty arising out of atomic weapons test-
3
ing programs
4
‘‘(a) SHORT TITLE.—This section may be cited as the
5 ‘Atomic Energy Testing Liability Act’.
6
7
‘‘(b) FEDERAL REMEDIES APPLICABLE; EXCLUSIVENESS OF REMEDIES.—
8
‘‘(1) REMEDY.—The remedy against the United
9
States provided by sections 1346(b) and 2672 of
10
title 28, or by chapter 309 or 311 of title 46, as ap-
11
propriate, for injury, loss of property, personal in-
12
jury, or death shall apply to any civil action for in-
13
jury, loss of property, personal injury, or death due
14
to exposure to radiation based on acts or omissions
15
by a contractor in carrying out an atomic weapons
16
testing program under a contract with the United
17
States.
18
‘‘(2) EXCLUSIVITY.—The remedies referred to
19
in paragraph (1) shall be exclusive of any other civil
20
action or proceeding for the purpose of determining
21
civil liability arising from any act or omission of the
22
contractor without regard to when the act or omis-
23
sion occurred. The employees of a contractor re-
24
ferred to in paragraph (1) shall be considered to be
25
employees of the Federal Government, as provided
26
in section 2671 of title 28, for the purposes of any
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1
such civil action or proceeding; and the civil action
2
or proceeding shall proceed in the same manner as
3
any action against the United States filed pursuant
4
to section 1346(b) of such title and shall be subject
5
to the limitations and exceptions applicable to those
6
actions.
7
‘‘(c) PROCEDURE.—A contractor against whom a civil
8 action or proceeding described in subsection (b) is brought
9 shall promptly deliver all processes served upon that con10 tractor to the Attorney General of the United States.
11 Upon certification by the Attorney General that the suit
12 against the contractor is within the provisions of sub13 section (b), a civil action or proceeding commenced in a
14 State court shall be removed without bond at any time
15 before trial by the Attorney General to the district court
16 of the United States for the district and division embrac17 ing the place wherein it is pending and the proceedings
18 shall be deemed a tort action brought against the United
19 States under the provisions of section 1346(b), 2401(b),
20 or 2402, or sections 2671 through 2680 of title 28. For
21 purposes of removal, the certification by the Attorney Gen22 eral under this subsection establishes contractor status
23 conclusively.
24
‘‘(d) ACTIONS COVERED.—The provisions of this sec-
25 tion shall apply to any action, within the provisions of sub-
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1 section (b), which is pending on November 5, 1990, or
2 commenced on or after such date. Notwithstanding section
3 2401(b) of title 28, if a civil action or proceeding to which
4 this section applies is pending on November 5, 1990, and
5 is dismissed because the plaintiff in such action or pro6 ceeding did not file an administrative claim as required
7 by section 2672 of that title, the plaintiff in that action
8 or proceeding shall have 30 days from the date of the dis9 missal or two years from the date upon which the claim
10 accrued, whichever is later, to file an administrative claim,
11 and any claim or subsequent civil action or proceeding
12 shall thereafter be subject to the provisions of section
13 2401(b) of title 28.
14
‘‘(e) CONTRACTOR DEFINED.—For purposes of this
15 section, the term ‘contractor’ includes a contractor or cost
16 reimbursement subcontractor of any tier participating in
17 the conduct of the United States atomic weapons testing
18 program for the Department of Energy (or its predecessor
19 agencies, including the Manhattan Engineer District, the
20 Atomic Energy Commission, and the Energy Research and
21 Development Administration). Such term also includes fa22 cilities which conduct or have conducted research con23 cerning health effects of ionizing radiation in connection
24 with the testing under contract with the Department of
25 Energy (or any of its predecessor agencies).
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1 ‘‘§ 6325. Notice-and-wait requirement applicable to
2
certain
3
ments
4
third-party
financing
arrange-
‘‘(a) NOTICE-AND-WAIT REQUIREMENT.—The Sec-
5 retary of Energy may not enter into an arrangement de6 scribed in subsection (b) until 30 days after the date on
7 which the Secretary notifies the congressional defense
8 committees in writing of the proposed arrangement.
9
‘‘(b) COVERED ARRANGEMENTS.—
10
‘‘(1) IN GENERAL.—Except as provided in para-
11
graph (2), an arrangement referred to in subsection
12
(a) is any alternative financing arrangement, third-
13
party financing arrangement, public-private partner-
14
ship, privatization arrangement, private capital ar-
15
rangement, or other financing arrangement that—
16
‘‘(A) is entered into in connection with a
17
project conducted using funds authorized to be
18
appropriated to the Department of Energy to
19
carry out programs necessary for national secu-
20
rity; and
21
‘‘(B) involves a contractor or Federal
22
agency obtaining and charging to the Depart-
23
ment of Energy as an allowable cost under a
24
contract the use of office space, facilities, or
25
other real property assets with a value of at
26
least $5,000,000.
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1
‘‘(2) EXCEPTION.—An arrangement referred to
2
in subsection (a) does not include an arrangement
3
that—
4
‘‘(A) involves the Department of Energy or
5
a contractor acquiring or entering into a capital
6
lease for office space, facilities, or other real
7
property assets; or
8
‘‘(B) is entered into in connection with a
9
capital improvement project undertaken as part
10
of an energy savings performance contract
11
under section 801 of the National Energy Con-
12
servation Policy Act (42 U.S.C. 8287).
13 ‘‘§ 6326. Publication of contractor performance eval14
15
uations leading to award fees
‘‘(a) IN GENERAL.—The Administrator shall take ap-
16 propriate actions to make available to the public, to the
17 maximum extent practicable, contractor performance eval18 uations conducted by the Administration of management
19 and operating contractors of the nuclear security enter20 prise that results in the award of an award fee to the con21 tractor concerned.
22
‘‘(b) FORMAT.—Performance evaluations shall be
23 made public under this section in a common format that
24 facilitates comparisons of performance evaluations be-
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1 tween and among similar management and operating con2 tracts.
3 ‘‘§ 6327. Enhanced procurement authority to manage
4
5
supply chain risk
‘‘(a) AUTHORITY.—Subject to subsection (b), the
6 Secretary of Energy may—
7
8
‘‘(1) carry out a covered procurement action or
special exclusion action; and
9
‘‘(2) notwithstanding any other provision of
10
law, limit, in whole or in part, the disclosure of in-
11
formation relating to the basis for carrying out a
12
covered procurement action or special exclusion ac-
13
tion.
14
‘‘(b) REQUIREMENTS.—The Secretary may exercise
15 the authority under subsection (a) only after—
16
‘‘(1) obtaining a risk assessment that dem-
17
onstrates that there is a significant supply chain risk
18
to a covered system;
19
20
‘‘(2) making a determination in writing, in unclassified or classified form, that—
21
‘‘(A) the use of the authority under sub-
22
section (a) is necessary to protect national secu-
23
rity by reducing supply chain risk;
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1
‘‘(B) less restrictive measures are not rea-
2
sonably available to reduce the supply chain
3
risk; and
4
‘‘(C) in a case in which the Secretary plans
5
to limit disclosure of information under sub-
6
section (a)(2), the risk to national security of
7
the disclosure of the information outweighs the
8
risk of not disclosing the information; and
9
‘‘(3) submitting to the appropriate congres-
10
sional committees, not later than seven days after
11
the date on which the Secretary makes the deter-
12
mination under paragraph (2), a notice of such de-
13
termination, in classified or unclassified form, that
14
includes—
15
‘‘(A) the information required by section
16
3304(e)(2)(A) of title 41;
17
‘‘(B) a summary of the risk assessment re-
18
quired under paragraph (1); and
19
‘‘(C) a summary of the basis for the deter-
20
mination, including a discussion of less restric-
21
tive measures that were considered and why
22
such measures were not reasonably available to
23
reduce supply chain risk.
24
‘‘(c) NOTIFICATIONS.—If the Secretary has exercised
25 the authority under subsection (a), the Secretary shall—
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1
‘‘(1) notify appropriate parties of the covered
2
procurement action or special exclusion action and
3
the basis for the action only to the extent necessary
4
to carry out the covered procurement action or spe-
5
cial exclusion action;
6
‘‘(2) notify other Federal agencies responsible
7
for procurement that may be subject to the same or
8
similar supply chain risk, in a manner and to the ex-
9
tent consistent with the requirements of national se-
10
curity; and
11
‘‘(3) ensure the confidentiality of any notifica-
12
tions under paragraph (1) or (2).
13
‘‘(d) LIMITATION OF REVIEW.—No action taken by
14 the Secretary under the authority under subsection (a)
15 shall be subject to review in any Federal court.
16
‘‘(e) DELEGATION OF AUTHORITY.—The Secretary
17 may delegate the authority under this section to—
18
19
‘‘(1) in the case of the Administration, the Administrator; and
20
‘‘(2) in the case of any other component of the
21
Department of Energy, the Senior Procurement Ex-
22
ecutive of the Department.
23
‘‘(f) DEFINITIONS.—In this section:
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1
‘‘(1) APPROPRIATE
2
TEES.—The
3
mittees’ means—
4
CONGRESSIONAL COMMIT-
term ‘appropriate congressional com-
‘‘(A) the congressional defense committees;
5
and
6
‘‘(B) the Committee on Energy and Nat-
7
ural Resources of the Senate and the Com-
8
mittee on Energy and Commerce of the House
9
of Representatives.
10
‘‘(2) COVERED ITEM OF SUPPLY.—The term
11
‘covered item of supply’ means an item—
12
‘‘(A) that is purchased for inclusion in a
13
covered system; and
14
‘‘(B) the loss of integrity of which could
15
result in a supply chain risk for a covered sys-
16
tem.
17
‘‘(3) COVERED PROCUREMENT.—The term ‘cov-
18
ered procurement’ means the following:
19
‘‘(A) A source selection for a covered sys-
20
tem or a covered item of supply involving either
21
a performance specification, as described in
22
subsection (a)(3)(B) of section 3306 of title 41,
23
or an evaluation factor, as described in sub-
24
section (b)(1) of such section, relating to supply
25
chain risk.
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1
‘‘(B) The consideration of proposals for
2
and issuance of a task or delivery order for a
3
covered system or a covered item of supply, as
4
provided in section 4106(d)(3) of title 41,
5
where the task or delivery order contract con-
6
cerned includes a contract clause establishing a
7
requirement relating to supply chain risk.
8
‘‘(C) Any contract action involving a con-
9
tract for a covered system or a covered item of
10
supply if the contract includes a clause estab-
11
lishing requirements relating to supply chain
12
risk.
13
‘‘(4) COVERED
PROCUREMENT ACTION.—The
14
term ‘covered procurement action’ means, with re-
15
spect to an action that occurs in the course of con-
16
ducting a covered procurement, any of the following:
17
‘‘(A) The exclusion of a source that fails to
18
meet qualification requirements established pur-
19
suant to section 3311 of title 41 for the pur-
20
pose of reducing supply chain risk in the acqui-
21
sition of covered systems.
22
‘‘(B) The exclusion of a source that fails to
23
achieve an acceptable rating with regard to an
24
evaluation factor providing for the consideration
25
of supply chain risk in the evaluation of pro-
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1
posals for the award of a contract or the
2
issuance of a task or delivery order.
3
‘‘(C) The withholding of consent for a con-
4
tractor to subcontract with a particular source
5
or the direction to a contractor for a covered
6
system to exclude a particular source from con-
7
sideration for a subcontract under the contract.
8
‘‘(5) COVERED
9
system’ means the following:
SYSTEM.—The
term ‘covered
10
‘‘(A) National security systems (as defined
11
in section 3552(b) of title 44) and components
12
of such systems.
13
‘‘(B) Nuclear weapons and components of
14
nuclear weapons.
15
‘‘(C) Items associated with the design, de-
16
velopment, production, and maintenance of nu-
17
clear weapons or components of nuclear weap-
18
ons.
19
‘‘(D) Items associated with the surveillance
20
of the nuclear weapon stockpile.
21
‘‘(E) Items associated with the design and
22
development of nonproliferation and counterpro-
23
liferation programs and systems.
24
‘‘(6) SPECIAL EXCLUSION ACTION.—The term
25
‘special exclusion action’ means an action to pro-
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1
hibit, for a period not to exceed two years, the
2
award of any contracts or subcontracts by the Ad-
3
ministration or any other component of the Depart-
4
ment of Energy related to any covered system to a
5
source the Secretary determines to represent a sup-
6
ply chain risk.
7
‘‘(7) SUPPLY CHAIN RISK.—The term ‘supply
8
chain risk’ means the risk that an adversary may
9
sabotage, maliciously introduce unwanted function,
10
or otherwise subvert the design, integrity, manufac-
11
turing, production, distribution, installation, oper-
12
ation, or maintenance of a covered system or covered
13
item of supply so as to surveil, deny, disrupt, or oth-
14
erwise degrade the function, use, or operation of the
15
system or item of supply.
16
‘‘(g) TERMINATION.—The authority under this sec-
17 tion shall terminate on December 31, 2028.
18 ‘‘§ 6328. Cost-benefit analyses for competition of man19
agement and operating contracts
20
‘‘(a) BRIEFINGS ON REQUESTS FOR PROPOSALS.—
21 Not later than 7 days after issuing a request for proposals
22 for a contract to manage and operate a facility of the Ad23 ministration, the Administrator shall brief the congres24 sional defense committees on the preliminary assessment
25 of the Administrator of the costs and benefits of the com-
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1 petition for the contract, including a preliminary assess2 ment of the matters described in subsection (c) with re3 spect to the contract.
4
‘‘(b) REPORTS AFTER TRANSITION TO NEW CON-
5
TRACTS.—If the Administrator awards a new contract to
6 manage and operate a facility of the Administration, the
7 Administrator shall submit to the congressional defense
8 committees a report that includes the matters described
9 in subsection (c) with respect to the contract by not later
10 than 30 days after the completion of the period required
11 to transition to the contract.
12
‘‘(c) MATTERS DESCRIBED.—The matters described
13 in this subsection, with respect to a contract, are the fol14 lowing:
15
‘‘(1) A clear and complete description of the
16
cost savings the Administrator expects to result
17
from the competition for the contract over the life of
18
the contract, including associated analyses, assump-
19
tions, and information sources used to determine
20
such expected cost savings.
21
‘‘(2) A description of any key limitations or un-
22
certainties that could affect such costs savings, in-
23
cluding costs savings that are anticipated but not
24
fully known.
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1
‘‘(3) The costs of the competition for the con-
2
tract, including the immediate costs of conducting
3
the competition, the costs of the transition to the
4
contract from the previous contract, and any in-
5
creased costs over the life of the contract.
6
‘‘(4) A description of any disruptions or delays
7
in mission activities or deliverables resulting from
8
the competition for the contract.
9
‘‘(5) A clear and complete description of the
10
benefits expected by the Administrator with respect
11
to mission performance or operations resulting from
12
the competition.
13
‘‘(6) How the competition for the contract com-
14
plied with the Federal Acquisition Regulation re-
15
garding Federally funded research and development
16
centers, if applicable.
17
18
‘‘(7) The factors considered and processes used
by the Administrator to determine—
19
‘‘(A) whether to compete or extend the
20
previous contract; and
21
‘‘(B) which activities at the facility should
22
be covered under the contract rather than
23
under a different contract.
24
‘‘(8) With respect to the matters included under
25
paragraphs (1) through (7), a detailed description of
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1851
1
the analyses conducted by the Administrator to
2
reach the conclusions presented in the report, includ-
3
ing any assumptions, limitations, and uncertainties
4
relating to such conclusions.
5
‘‘(9) Any other matters the Administrator con-
6
siders appropriate.
7
‘‘(d) INFORMATION QUALITY.—Each briefing re-
8 quired by subsection (a) and report required by subsection
9 (b) shall be prepared in accordance with—
10
‘‘(1) the information quality guidelines of the
11
Department of Energy that are relevant to the clear
12
and complete presentation of the matters described
13
in subsection (c); and
14
‘‘(2) best practices of the Government Account-
15
ability Office and relevant industries for cost esti-
16
mating, if appropriate.
17
‘‘(e) REVIEW OF REPORTS BY COMPTROLLER GEN-
18
ERAL OF THE UNITED STATES.—
19
‘‘(1) DETERMINATION.—The Comptroller Gen-
20
eral of the United States shall determine, in con-
21
sultation with the congressional defense committees,
22
whether to conduct an initial review, a comprehen-
23
sive review, or both, of a report required by sub-
24
section (b).
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1
‘‘(2) INITIAL REVIEW.—The Comptroller Gen-
2
eral shall provide any initial review of a report re-
3
quired by subsection (b) as a briefing to the congres-
4
sional defense committees not later than 180 days
5
after that report is submitted to the congressional
6
defense committees.
7
‘‘(3) COMPREHENSIVE REVIEW.—
8
‘‘(A) SUBMISSION.—The Comptroller Gen-
9
eral shall submit any comprehensive review of a
10
report required by subsection (b) to the con-
11
gressional defense committees not later than 3
12
years after that report is submitted to the con-
13
gressional defense committees.
14
‘‘(B) ELEMENTS.—A comprehensive review
15
of a report required by subsection (b) shall in-
16
clude an assessment, based on the most current
17
information available, of the following:
18
‘‘(i) The actual cost savings achieved
19
compared to cost savings estimated under
20
subsection (c)(1), and any increased costs
21
incurred under the contract that were un-
22
expected or uncertain at the time the con-
23
tract was awarded.
24
‘‘(ii) Any disruptions or delays in mis-
25
sion activities or deliverables resulting
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1
from the competition for the contract com-
2
pared to the disruptions and delays esti-
3
mated under subsection (c)(4).
4
‘‘(iii) Whether expected benefits of the
5
competition with respect to mission per-
6
formance or operations have been achieved.
7
‘‘(iv) Such other matters as the
8
Comptroller General considers appropriate.
9
‘‘(f) APPLICABILITY.—
10
‘‘(1) IN GENERAL.—The requirements for brief-
11
ings under subsection (a) and reports under sub-
12
section (b) shall apply with respect to requests for
13
proposals issued or contracts awarded, as applicable,
14
by the Administrator during fiscal years 2019
15
through 2032.
16
‘‘(2) NAVAL REACTORS.—The requirements for
17
briefings under subsection (a) and reports under
18
subsection (b) shall not apply with respect to a man-
19
agement and operations contract for a Naval Reac-
20
tor facility.
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1
‘‘SUBCHAPTER II—RESEARCH AND
2
DEVELOPMENT
3 ‘‘§ 6331. Laboratory-directed research and develop4
5
ment programs
‘‘(a) AUTHORITY.—Government-owned, contractor-
6 operated laboratories that are funded out of funds avail7 able to the Department of Energy for national security
8 programs are authorized to carry out laboratory-directed
9 research and development.
10
‘‘(b) REGULATIONS.—The Secretary of Energy shall
11 prescribe regulations for the conduct of laboratory-di12 rected research and development at such laboratories.
13
‘‘(c) FUNDING.—Of the funds provided by the De-
14 partment of Energy to a national security laboratory for
15 national security activities, the Secretary shall provide a
16 specific amount, of not less than 5 percent and not more
17 than 7 percent of such funds, to be used by the laboratory
18 for laboratory-directed research and development.
19
‘‘(d) LABORATORY-DIRECTED RESEARCH AND DE-
20
VELOPMENT DEFINED.—For purposes of this section, the
21 term ‘laboratory-directed research and development’
22 means research and development work of a creative and
23 innovative nature which, under the regulations prescribed
24 pursuant to subsection (b), is selected by the director of
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1 a laboratory for the purpose of maintaining the vitality
2 of the laboratory in defense-related scientific disciplines.
3 ‘‘§ 6332. Laboratory-directed research and develop4
5
ment
‘‘ Of the funds made available by the Department of
6 Energy for activities at government-owned, contractor-op7 erated laboratories funded in this Act or subsequent En8 ergy and Water Development Appropriations Acts, the
9 Secretary may authorize a specific amount, not to exceed
10 8 percent of such funds, to be used by such laboratories
11 for laboratory directed research and development: Pro12 vided, That the Secretary may also authorize a specific
13 amount not to exceed 4 percent of such funds, to be used
14 by the plant manager of a covered nuclear weapons pro15 duction plant or the manager of the Nevada Site Office
16 for plant or site directed research and development: Pro17 vided further, That notwithstanding Department of En18 ergy order 413.2A, dated January 8, 2001, beginning in
19 fiscal year 2006 and thereafter, all DOE laboratories may
20 be eligible for laboratory directed research and develop21 ment funding.
22 ‘‘§ 6333. Funding for laboratory directed research
23
24
and development
‘‘Notwithstanding section 307 of the Energy and
25 Water Development and Related Agencies Appropriations
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1 Act, 2010 (Public Law 111–85; 123 Stat. 2845), of the
2 funds made available by the Department of Energy for
3 activities at Government-owned, contractor-operated lab4 oratories funded in the Energy and Water Development
5 and Related Agencies Appropriations Act, 2014 (div. D
6 of Pub. L. 113–76) or any subsequent Energy and Water
7 Development Appropriations Act for any fiscal year, the
8 Secretary may authorize a specific amount, not to exceed
9 6 percent of such funds, to be used by such laboratories
10 for laboratory directed research and development.
11 ‘‘§ 6334. Charges to individual program, project, or
12
13
activity
‘‘ Of the funds authorized by the Secretary of Energy
14 for laboratory directed research and development, no indi15 vidual program, project, or activity funded by this or any
16 subsequent Act making appropriations for Energy and
17 Water Development for any fiscal year may be charged
18 more than the statutory maximum authorized for such ac19 tivities: Provided, That this section shall take effect not
20 earlier than October 1, 2015.
21 ‘‘§ 6335. Limitations on use of funds for laboratory di22
rected research and development pur-
23
poses
24
‘‘(a) LIMITATION ON USE OF WEAPONS ACTIVITIES
25 FUNDS.—No funds authorized to be appropriated or oth-
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1 erwise made available to the Department of Energy in any
2 fiscal year after fiscal year 1997 for weapons activities
3 may be obligated or expended for activities under the De4 partment of Energy Laboratory Directed Research and
5 Development Program, or under any Department of En6 ergy technology transfer program or cooperative research
7 and development agreement, unless such activities support
8 the national security mission of the Department of En9 ergy.
10
‘‘(b) LIMITATION
ON
USE
OF
CERTAIN OTHER
11 FUNDS.—No funds authorized to be appropriated or oth12 erwise made available to the Department of Energy in any
13 fiscal year after fiscal year 1997 for defense environmental
14 cleanup may be obligated or expended for activities under
15 the Department of Energy Laboratory Directed Research
16 and Development Program, or under any Department of
17 Energy technology transfer program or cooperative re18 search and development agreement, unless such activities
19 support the defense environmental cleanup mission of the
20 Department of Energy.
21
‘‘(c) LIMITATION ON USE OF FUNDS FOR OVER-
22
HEAD.—A national security laboratory may not use funds
23 made available under section 6331(c) to cover the costs
24 of general and administrative overhead for the laboratory.
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1 ‘‘§ 6336. Report on use of funds for certain research
2
3
and development purposes
‘‘(a) REPORT REQUIRED.—Not later than February
4 1 each year, the Secretary of Energy shall submit to the
5 congressional defense committees a report on the funds
6 expended during the preceding fiscal year on activities
7 under the Department of Energy Laboratory Directed Re8 search and Development Program. The purpose of the re9 port is to permit an assessment of the extent to which
10 such activities support the national security mission of the
11 Department of Energy.
12
13
‘‘(b) PLANT-DIRECTED RESEARCH AND DEVELOPMENT.—
14
‘‘(1) IN
GENERAL.—The
report required by
15
subsection (a) shall include, with respect to plant-di-
16
rected research and development, the following:
17
‘‘(A) A financial accounting of expendi-
18
tures for such research and development,
19
disaggregated by nuclear weapons production
20
facility.
21
‘‘(B) A breakdown of the percentage of re-
22
search and development conducted by each such
23
facility that is plant-directed research and de-
24
velopment.
25
‘‘(C) An explanation of how each such fa-
26
cility plans to increase the availability and utili-
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1
zation of funds for plant-directed research and
2
development.
3
‘‘(2) PLANT-DIRECTED RESEARCH AND DEVEL-
4
OPMENT DEFINED.—In
5
‘plant-directed research and development’ means re-
6
search and development selected by the director of
7
a nuclear weapons production facility.
8
‘‘(c) PREPARATION OF REPORT.—Each report shall
this subsection, the term
9 be prepared by the officials responsible for Federal over10 sight of the funds expended on activities under the pro11 gram.
12
13
‘‘(d) CRITERIA USED
IN
PREPARATION
OF
RE-
PORT.—Each report shall set forth the criteria utilized by
14 the officials preparing the report in determining whether
15 or not the activities reviewed by such officials support the
16 national security mission of the Department.
17 ‘‘§ 6337. Critical technology partnerships and cooper18
19
ative research and development centers
‘‘(a) PARTNERSHIPS.—For the purpose of facilitating
20 the transfer of technology, the Secretary of Energy shall
21 ensure, to the maximum extent practicable, that research
22 on and development of dual-use critical technology carried
23 out through atomic energy defense activities is conducted
24 through cooperative research and development agree-
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1 ments, or other arrangements, that involve laboratories of
2 the Department of Energy and other entities.
3
‘‘(b) COOPERATIVE RESEARCH AND DEVELOPMENT
4 CENTERS.—
5
‘‘(1) Subject to the availability of appropria-
6
tions provided for such purpose, the Administrator
7
shall establish a cooperative research and develop-
8
ment center described in paragraph (2) at each na-
9
tional security laboratory.
10
‘‘(2) A cooperative research and development
11
center described in this paragraph is a center to fos-
12
ter collaborative scientific research, technology devel-
13
opment, and the appropriate transfer of research
14
and technology to users in addition to the national
15
security laboratories.
16
‘‘(3) In establishing a cooperative research and
17
development center under this subsection, the Ad-
18
ministrator—
19
‘‘(A) shall enter into cooperative research
20
and development agreements with govern-
21
mental, public, academic, or private entities;
22
and
23
‘‘(B) may enter into a contract with re-
24
spect to constructing, purchasing, managing, or
25
leasing buildings or other facilities.
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1
‘‘(c) DEFINITIONS.—In this section:
2
3
‘‘(1) The term ‘dual-use critical technology’
means a technology—
4
‘‘(A) that is critical to atomic energy de-
5
fense activities, as determined by the Secretary
6
of Energy;
7
‘‘(B) that has military applications and
8
nonmilitary applications; and
9
‘‘(C) that is a defense critical technology
10
(as defined in section 4801).
11
‘‘(2) The term ‘cooperative research and devel-
12
opment agreement’ has the meaning given that term
13
by section 12(d) of the Stevenson-Wydler Tech-
14
nology
15
3710a(d)).
16
Innovation
Act
of
1980
(15
U.S.C.
‘‘(3) The term ‘other entities’ means—
17
‘‘(A) firms, or a consortium of firms, that
18
are eligible to participate in a partnership or
19
other arrangement with a laboratory of the De-
20
partment of Energy, as determined in accord-
21
ance with applicable law and regulations; or
22
‘‘(B) firms, or a consortium of firms, de-
23
scribed in subparagraph (A) in combination
24
with one or more of the following:
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1
‘‘(i) Institutions of higher education
2
in the United States.
3
‘‘(ii) Departments and agencies of the
4
Federal Government other than the De-
5
partment of Energy.
6
‘‘(iii) Agencies of State governments.
7
‘‘(iv) Any other persons or entities
8
that may be eligible and appropriate, as
9
determined in accordance with applicable
10
laws and regulations.
11
‘‘(4) The term ‘atomic energy defense activities’
12
does not include activities covered by Executive
13
Order No. 12344, dated February 1, 1982, per-
14
taining to the Naval nuclear propulsion program.
15 ‘‘§ 6338. University-based research collaboration pro16
17
gram
‘‘(a) FINDINGS.—Congress makes the following find-
18 ings:
19
‘‘(1) The maintenance of scientific and engi-
20
neering competence in the United States is vital to
21
long-term national security and the defense and na-
22
tional security missions of the Department of En-
23
ergy.
24
‘‘(2) Engaging the universities and colleges of
25
the Nation in research on long-range problems of
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1
vital national security interest will be critical to solv-
2
ing the technology challenges faced within the de-
3
fense and national security programs of the Depart-
4
ment of Energy in the next century.
5
‘‘(3) Enhancing collaboration among the na-
6
tional laboratories, universities and colleges, and in-
7
dustry will contribute significantly to the perform-
8
ance of these Department of Energy missions.
9
‘‘(b) PROGRAM.—The Secretary of Energy shall es-
10 tablish a university program at a location that can develop
11 the most effective collaboration among national labora12 tories, universities and colleges, and industry in support
13 of scientific and engineering advancement in key Depart14 ment of Energy defense and national security program
15 areas.
16 ‘‘§ 6339. Limitation on establishing an enduring bio17
assurance program within the adminis-
18
tration
19
‘‘(a) IN GENERAL.—The Administrator may not es-
20 tablish, administer, manage, or facilitate a program within
21 the Administration for the purposes of executing an en22 during national security research and development effort
23 to broaden the role of the Department of Energy in na24 tional biodefense.
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1
‘‘(b) RULE OF CONSTRUCTION.—The limitation de-
2 scribed in subsection (a) shall not be interpreted—
3
‘‘(1) to prohibit the establishment of a bioassur-
4
ance program for the purpose of executing enduring
5
national security research and development in any
6
component of the Department of Energy other than
7
the Administration or in any other Federal agency;
8
or
9
‘‘(2) to impede the use of resources of the Ad-
10
ministration, including resources provided by a na-
11
tional security laboratory or a nuclear weapons pro-
12
duction facility site, to support the execution of a
13
bioassurance program, if such support is provided—
14
‘‘(A) on a cost-reimbursable basis to an en-
15
tity that is not a component of the Department
16
of Energy; and
17
‘‘(B) in a manner that does not interfere
18
19
with mission of such laboratory or facility.
‘‘SUBCHAPTER III—FACILITIES MANAGEMENT
20 ‘‘§ 6351. Transfers of real property at certain Depart21
ment of Energy facilities
22
‘‘(a) TRANSFER REGULATIONS.—
23
‘‘(1) The Secretary of Energy shall prescribe
24
regulations for the transfer by sale or lease of real
25
property at Department of Energy defense nuclear
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1
facilities for the purpose of permitting the economic
2
development of the property.
3
‘‘(2) The Secretary may not transfer real prop-
4
erty under the regulations prescribed under para-
5
graph (1) until—
6
‘‘(A) the Secretary submits a notification
7
of the proposed transfer to the congressional
8
defense committees; and
9
‘‘(B) a period of 30 days has elapsed fol-
10
lowing the date on which the notification is sub-
11
mitted.
12
‘‘(b) INDEMNIFICATION.—
13
‘‘(1) Except as provided in paragraph (3) and
14
subject to subsection (c), in the sale or lease of real
15
property pursuant to the regulations prescribed
16
under subsection (a), the Secretary may hold harm-
17
less and indemnify a person or entity described in
18
paragraph (2) against any claim for injury to person
19
or property that results from the release or threat-
20
ened release of a hazardous substance or pollutant
21
or contaminant as a result of Department of Energy
22
activities at the defense nuclear facility on which the
23
real property is located. Before entering into any
24
agreement for such a sale or lease, the Secretary
25
shall notify the person or entity that the Secretary
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has authority to provide indemnification to the per-
2
son or entity under this subsection. The Secretary
3
shall include in any agreement for such a sale or
4
lease a provision stating whether indemnification is
5
or is not provided.
6
7
‘‘(2) Paragraph (1) applies to the following persons and entities:
8
‘‘(A) Any State that acquires ownership or
9
control of real property of a defense nuclear fa-
10
cility.
11
‘‘(B) Any political subdivision of a State
12
that acquires such ownership or control.
13
‘‘(C) Any other person or entity that ac-
14
quires such ownership or control.
15
‘‘(D) Any successor, assignee, transferee,
16
lender, or lessee of a person or entity described
17
in subparagraphs (A) through (C).
18
‘‘(3) To the extent the persons and entities de-
19
scribed in paragraph (2) contributed to any such re-
20
lease or threatened release, paragraph (1) shall not
21
apply.
22
‘‘(c) CONDITIONS.—
23
‘‘(1) No indemnification on a claim for injury
24
may be provided under this section unless the person
25
or entity making a request for the indemnification—
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‘‘(A) notifies the Secretary in writing with-
2
in two years after such claim accrues;
3
‘‘(B) furnishes to the Secretary copies of
4
pertinent papers received by the person or enti-
5
ty;
6
‘‘(C) furnishes evidence or proof of the
7
claim;
8
‘‘(D) provides, upon request by the Sec-
9
retary, access to the records and personnel of
10
the person or entity for purposes of defending
11
or settling the claim; and
12
‘‘(E) begins action within six months after
13
the date of mailing, by certified or registered
14
mail, of notice of final denial of the claim by
15
the Secretary.
16
‘‘(2) For purposes of paragraph (1)(A), the
17
date on which a claim accrues is the date on which
18
the person asserting the claim knew (or reasonably
19
should have known) that the injury to person or
20
property referred to in subsection (b)(1) was caused
21
or contributed to by the release or threatened release
22
of a hazardous substance, pollutant, or contaminant
23
as a result of Department of Energy activities at the
24
defense nuclear facility on which the real property is
25
located.
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‘‘(d) AUTHORITY OF SECRETARY.—
2
‘‘(1) In any case in which the Secretary deter-
3
mines that the Secretary may be required to indem-
4
nify a person or entity under this section for any
5
claim for injury to person or property referred to in
6
subsection (b)(1), the Secretary may settle or defend
7
the claim on behalf of that person or entity.
8
‘‘(2) In any case described in paragraph (1), if
9
the person or entity that the Secretary may be re-
10
quired to indemnify does not allow the Secretary to
11
settle or defend the claim, the person or entity may
12
not be indemnified with respect to that claim under
13
this section.
14
‘‘(e) RELATIONSHIP TO OTHER LAW.—Nothing in
15 this section shall be construed as affecting or modifying
16 in any way section 120(h) of the Comprehensive Environ17 mental Response, Compensation, and Liability Act of
18 1980 (42 U.S.C. 9620(h)).
19
‘‘(f) DEFINITIONS.—In this section, the terms ‘haz-
20 ardous substance’, ‘release’, and ‘pollutant or contami21 nant’ have the meanings provided by section 101 of the
22 Comprehensive Environmental Response, Compensation,
23 and Liability Act of 1980 (42 U.S.C. 9601).
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1 ‘‘§ 6352. Engineering and manufacturing research, de2
velopment, and demonstration by man-
3
agers of certain nuclear weapons produc-
4
tion facilities
5
‘‘(a) AUTHORITY
FOR
PROGRAMS
AT
NUCLEAR
6 WEAPONS PRODUCTIONS FACILITIES.—The Adminis7 trator shall authorize the head of each nuclear weapons
8 production facility to establish an Engineering and Manu9 facturing Research, Development, and Demonstration
10 Program under this section.
11
‘‘(b) PROJECTS AND ACTIVITIES.—The projects and
12 activities carried out through the program at a nuclear
13 weapons production facility under this section shall sup14 port innovative or high-risk design and manufacturing
15 concepts and technologies with potentially high payoff for
16 the nuclear security enterprise. Those projects and activi17 ties may include—
18
19
‘‘(1) replacement of obsolete or aging design
and manufacturing technologies;
20
21
‘‘(2) development of innovative agile manufacturing techniques and processes; and
22
‘‘(3) training, recruitment, or retention of es-
23
sential personnel in critical engineering and manu-
24
facturing disciplines.
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1 ‘‘§ 6353. Activities at covered nuclear weapons facili2
3
ties
‘‘The Administrator may authorize the manager of
4 a covered nuclear weapons research, development, testing
5 or production facility to engage in research, development,
6 and demonstration activities with respect to the engineer7 ing and manufacturing capabilities at such facility in
8 order to maintain and enhance such capabilities at such
9 facility: Provided, That of the amount allocated to a cov10 ered nuclear weapons facility each fiscal year from
11 amounts available to the Department of Energy for such
12 fiscal year for national security programs, not more than
13 an amount equal to 2 percent of such amount may be used
14 for these activities: Provided further, That for purposes of
15 this section, the term ‘covered nuclear weapons facility’
16 means the following:
17
18
‘‘(1) The Kansas City Plant, Kansas City, Missouri.
19
‘‘(2) The Y–12 Plant, Oak Ridge, Tennessee.
20
‘‘(3) The Pantex Plant, Amarillo, Texas.
21
‘‘(4) The Savannah River Plant, South Caro-
22
lina.
23
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1 ‘‘§ 6354. Pilot program relating to use of proceeds of
2
disposal or utilization of certain depart-
3
ment of energy assets
4
‘‘(a) PURPOSE.—The purpose of this section is to en-
5 courage the Secretary of Energy to dispose of or otherwise
6 utilize certain assets of the Department of Energy by
7 making available to the Secretary the proceeds of such dis8 posal or utilization for purposes of defraying the costs of
9 such disposal or utilization.
10
‘‘(b) USE OF PROCEEDS TO DEFRAY COSTS.—
11
‘‘(1) Notwithstanding section 3302 of title 31,
12
the Secretary may retain from the proceeds of the
13
sale, lease, or disposal of an asset under subsection
14
(c) an amount equal to the cost of the sale, lease,
15
or disposal of the asset. The Secretary shall utilize
16
amounts retained under this paragraph to defray the
17
cost of the sale, lease, or disposal.
18
19
‘‘(2) For purposes of paragraph (1), the cost of
a sale, lease, or disposal shall include—
20
21
‘‘(A) the cost of administering the sale,
lease, or disposal;
22
‘‘(B) the cost of recovering or preparing
23
the asset concerned for the sale, lease, or dis-
24
posal; and
25
26
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1
‘‘(c) COVERED TRANSACTIONS.—Subsection (b) ap-
2 plies to the following transactions:
3
‘‘(1) The sale of heavy water at the Savannah
4
River Site, South Carolina, that is under the juris-
5
diction of the Defense Environmental Management
6
Program.
7
‘‘(2) The sale of precious metals that are under
8
the jurisdiction of the Defense Environmental Man-
9
agement Program.
10
‘‘(3) The lease of buildings and other facilities
11
located at the Hanford Reservation, Washington,
12
that are under the jurisdiction of the Defense Envi-
13
ronmental Management Program.
14
‘‘(4) The lease of buildings and other facilities
15
located at the Savannah River Site that are under
16
the jurisdiction of the Defense Environmental Man-
17
agement Program.
18
‘‘(5) The disposal of equipment and other per-
19
sonal property located at the Rocky Flats Defense
20
Environmental Technology Site, Colorado, that is
21
under the jurisdiction of the Defense Environmental
22
Management Program.
23
‘‘(6) The disposal of materials at the National
24
Electronics Recycling Center, Oak Ridge, Tennessee
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1
that are under the jurisdiction of the Defense Envi-
2
ronmental Management Program.
3
‘‘(d) APPLICABILITY OF DISPOSAL AUTHORITY.—
4 Nothing in this section shall be construed to limit the ap5 plication of subchapter II of chapter 5 and section 549
6 of title 40 to the disposal of equipment and other personal
7 property covered by this section.
8 ‘‘§ 6355. Department of Energy energy parks program
9
‘‘(a) IN GENERAL.—The Secretary of Energy may es-
10 tablish a program to permit the establishment of energy
11 parks on former defense nuclear facilities.
12
‘‘(b) OBJECTIVES.—The objectives for establishing
13 energy parks pursuant to subsection (a) are the following:
14
‘‘(1) To provide locations to carry out a broad
15
range of projects relating to the development and de-
16
ployment of energy technologies and related ad-
17
vanced manufacturing technologies.
18
‘‘(2) To provide locations for the implementa-
19
tion of pilot programs and demonstration projects
20
for new and developing energy technologies and re-
21
lated advanced manufacturing technologies.
22
‘‘(3) To set a national example for the develop-
23
ment and deployment of energy technologies and re-
24
lated advanced manufacturing technologies in a
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1
manner that will promote energy security, energy
2
sector employment, and energy independence.
3
‘‘(4) To create a business environment that en-
4
courages collaboration and interaction between the
5
public and private sectors.
6
‘‘(c) CONSULTATION.—In establishing an energy
7 park pursuant to subsection (a), the Secretary shall con8 sult with—
9
‘‘(1) the local government with jurisdiction over
10
the land on which the energy park will be located;
11
‘‘(2) the local governments of adjacent areas;
12
and
13
‘‘(3) any community reuse organization recog-
14
nized by the Secretary at the former defense nuclear
15
facility on which the energy park will be located.
16
‘‘(d) REPORT REQUIRED.—Not later than 120 days
17 after January 7, 2011, the Secretary shall submit to the
18 Committee on Armed Services of the Senate and the Com19 mittee on Armed Services of the House of Representatives
20 a report on the implementation of the program under sub21 section (a). The report shall include such recommenda22 tions for additional legislative actions as the Secretary
23 considers appropriate to facilitate the development of en24 ergy parks on former defense nuclear facilities.
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1
‘‘(e) DEFENSE NUCLEAR FACILITY DEFINED.—In
2 this section, the term ‘defense nuclear facility’ has the
3 meaning given the term ‘Department of Energy defense
4 nuclear facility’ in section 318 of the Atomic Energy Act
5 of 1954 (42 U.S.C. 2286g).
6 ‘‘§ 6356. Authority to use passenger carriers for con7
8
tractor commuting
‘‘(a) AUTHORITY.—If and to the extent that the Ad-
9 ministrator deems it appropriate to further mission activi10 ties under section 3211 of the National Nuclear Security
11 Administration Act (50 U.S.C. 2401), a passenger carrier
12 may be used to provide transportation services to con13 tractor employees between the covered facility of the con14 tractor employee and a mass transit facility in accordance
15 with any applicable transportation plan adopted by the
16 Administrator pursuant to this section.
17
‘‘(b) PLAN REQUESTS AND APPROVAL.—
18
19
‘‘(1) The Administrator—
‘‘(A) shall—
20
‘‘(i) provide Management and Oper-
21
ating contractors at covered facilities the
22
opportunity to, on a voluntary basis, sub-
23
mit, through the cognizant contracting of-
24
ficer of the applicable covered facility, a
25
plan to provide transportation services de-
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1
scribed in subsection (a) for contractor em-
2
ployees at the covered facility; and
3
‘‘(ii) review each such plan submitted
4
in accordance with clause (i); and
5
‘‘(B) may approve each such plan if the re-
6
quirements described in clauses (i) through (iv)
7
of paragraph (2)(B) are satisfied.
8
‘‘(2) Each plan submitted pursuant to para-
9
graph (1)(A)—
10
‘‘(A) may include proposals for parking fa-
11
cilities, road improvements, real property acqui-
12
sition, passenger carrier services, and com-
13
muting cost deferment payments to contractor
14
employees; and
15
‘‘(B) shall include—
16
‘‘(i) a description of how the use of
17
passenger carriers will facilitate the mis-
18
sion of the covered facility;
19
‘‘(ii) a description of how the plan will
20
be economical and advantageous to the
21
Federal Government;
22
‘‘(iii) a summary of the benefits that
23
will be provided under the plan and how
24
costs will be monitored; and
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1
‘‘(iv) a description of how the plan
2
will alleviate traffic congestion, reduce
3
commuting times, and improve recruitment
4
and retention of contractor employees.
5
‘‘(3) The Administrator may delegate to the
6
Senior Procurement Executive of the Administration
7
the approval of any plan submitted under this sub-
8
section.
9
‘‘(c) REIMBURSEMENT.—The Administration may re-
10 imburse a contractor for the costs of transportation serv11 ices incurred pursuant to a plan approved under sub12 section (b) using funds appropriated to the Administra13 tion.
14
‘‘(d) IMPLEMENTATION.—In carrying out a plan ap-
15 proved under subsection (b), the Administrator, to the
16 maximum extent practicable and consistent with sound
17 budget policy, shall—
18
19
‘‘(1) require the use of alternative fuel vehicles
to provide transportation services;
20
‘‘(2) ensure funds spent for this plan further
21
the mission activities of the Administration under
22
section 3211 of the National Nuclear Security Ad-
23
ministration Act (50 U.S.C. 2401); and
24
‘‘(3) ensure that the time during which a con-
25
tractor employee uses transportation services shall
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not be included for purposes of calculating the hours
2
of work for such contractor employee.
3
‘‘(e) DEFINITIONS.—In this section:
4
‘‘(1) The term ‘contractor employee’ means an
5
employee of a Management and Operating con-
6
tractor or subcontractor employee at any tier.
7
‘‘(2) The term ‘covered facility’ means any fa-
8
cility of the Administration that directly supports
9
the mission of the Administration under section
10
3211 of the National Nuclear Security Administra-
11
tion Act (50 U.S.C. 2401).
12
‘‘(3) The term ‘Management and Operating
13
contractor’ means a management and operating con-
14
tractor that manages a covered facility.
15
‘‘(4) The term ‘passenger carrier’ means a pas-
16
senger motor vehicle, aircraft, boat, ship, train, or
17
other similar means of transportation that is owned,
18
leased, or provided pursuant to contract or sub-
19
contract by the Federal Government or through a
20
contractor of the Administration.
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‘‘SUBCHAPTER IV—OTHER MATTERS
2 ‘‘§ 6361. Payment of costs of operation and mainte3
nance of infrastructure at Nevada Na-
4
tional Security Site
5
‘‘ Notwithstanding any other provision of law and ef-
6 fective as of September 30, 1996, the costs associated with
7 operating and maintaining the infrastructure at the Ne8 vada National Security Site, Nevada, with respect to any
9 activities initiated at the site after that date by the De10 partment of Defense pursuant to a work-for-others agree11 ment may be paid for from funds authorized to be appro12 priated to the Department of Energy for activities at the
13 Nevada National Security Site.
14 ‘‘§ 6362. University-based defense nuclear policy col15
16
laboration program
‘‘(a) PROGRAM.—The Administrator shall carry out
17 a program under which the Administrator establishes a
18 policy research consortium of institutions of higher edu19 cation and nonprofit entities in support of implementing
20 and innovating the defense nuclear policy programs of the
21 Administration. The Administrator shall establish and
22 carry out such program in a manner similar to the pro23 gram established under section 6338.
24
‘‘(b) PURPOSES.—The purposes of the consortium
25 under subsection (a) are as follows:
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1
‘‘(1) To shape the formulation and application
2
of policy through the conduct of research and anal-
3
ysis regarding defense nuclear policy programs.
4
‘‘(2) To maintain open-source databases on
5
issues relevant to understanding defense nuclear
6
nonproliferation, arms control, nuclear deterrence,
7
foreign nuclear programs, and nuclear security.
8
‘‘(3) To facilitate the collaboration of research
9
centers of excellence relating to defense nuclear pol-
10
icy to better distribute expertise to specific issues
11
and scenarios regarding such threats.
12
‘‘(c) DUTIES.—
13
‘‘(1) SUPPORT.—The Administrator shall en-
14
sure that the consortium established under sub-
15
section (a) provides support to individuals described
16
in paragraph (2) through the use of nongovern-
17
mental fellowships, scholarships, research intern-
18
ships, workshops, short courses, summer schools,
19
and research grants.
20
‘‘(2) INDIVIDUALS
DESCRIBED.—The
individ-
21
uals described in this paragraph are graduate stu-
22
dents, academics, and policy specialists, who are fo-
23
cused on policy innovation related to—
24
‘‘(A) defense nuclear nonproliferation;
25
‘‘(B) arms control;
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1
‘‘(C) nuclear deterrence;
2
‘‘(D) the study of foreign nuclear pro-
3
grams;
4
‘‘(E) nuclear security; or
5
‘‘(F) educating and training the next gen-
6
eration of defense nuclear policy experts.’’.
7
(b) CONFORMING REPEALS.—The following provi-
8 sions of law are repealed:
9
10
(1) The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.; division D of Public Law 107–314).
11
(2) Sections 3116 and 3141 of the National
12
Defense Authorization Act for Fiscal Year 2014 (50
13
U.S.C. 2515, 2512 note).
14
(3) Sections 308 and 311 of the Energy and
15
Water Development and Related Agencies Appro-
16
priations Act, 2015 (50 U.S.C. 2523c, 2791b).
17
(4) Section 3132 of the National Defense Au-
18
thorization Act for Fiscal Year 2004 (50 U.S.C.
19
2589).
20
(5) Section 306 of the Energy and Water De-
21
velopment and Related Agencies Appropriations Act,
22
2012 (50 U.S.C. 2743a).
23
(6) Section 308 of the Energy and Water De-
24
velopment and Related Agencies Appropriations Act,
25
2009 (50 U.S.C. 2791a).
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(7) Section 3124 of the Ike Skelton National
2
Defense Authorization Act for Fiscal Year 2011 (50
3
U.S.C. 2814).
4
(8) Sections 3113 and 3123 of the William M.
5
(Mac) Thornberry National Defense Authorization
6
Act for Fiscal Year 2021 (Public Law 116–283; 50
7
U.S.C. 2512 note, 2581 note).
8
(9) Section 3113 of the National Defense Au-
9
thorization Act for Fiscal Year 2017 (Public Law
10
114–328; 50 U.S.C. 2512 note).
11
(10) Section 3121 of the National Defense Au-
12
thorization Act for Fiscal Year 2022 (Public Law
13
117–81; 50 U.S.C. 2521 note).
14
(11) Section 3121, 3124, and 3126 of the
15
James M. Inhofe National Defense Authorization
16
Act for Fiscal Year 2023 (Public Law 117–263; 50
17
U.S.C. 2532 note, 2538a note).
18
(12) Section 3125 of the Servicemember Qual-
19
ity of Life Improvement and National Defense Au-
20
thorization Act for Fiscal Year 2025 (Public Law
21
118–159; 50 U.S.C. 2538 note).
22
(13) Section 3133 of the National Defense Au-
23
thorization Act for Fiscal Year 2024 (Public Law
24
118–31; 50 U.S.C. 2538c note).
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(14) Section 3122 of the Carl Levin and How-
2
ard P. ‘Buck’ McKeon National Defense Authoriza-
3
tion Act for Fiscal Year 2015 (Public Law 113–291;
4
50 U.S.C. 2565 note).
5
(15) Section 3141 of the John S. McCain Na-
6
tional Defense Authorization Act for Fiscal Year
7
2019 (Public Law 115–232; 50 U.S.C. 2569 note).
8
(16) Section 3116 of the Ronald W. Reagan
9
National Defense Authorization Act for Fiscal Year
10
2005 (Public Law 108–375; 50 U.S.C. 2601 note).
11
(17) Section 127 of the Miscellaneous Appro-
12
priations and Offsets Act, 2004 (division H of Pub-
13
lic 108–199; 50 U.S.C. 2601 note).
14
(18) Section 3117 of the National Defense Au-
15
thorization Act for Fiscal Year 2016 (Public Law
16
114–92; 50 U.S.C. 2754 note).
17
(19) Section 309 of the Energy and Water De-
18
velopment and Related Agencies Appropriations Act,
19
2014 (division D of Public Law 113–76; 50 U.S.C.
20
2791a note).
21
(20) Section 308 of the Energy and Water De-
22
velopment Appropriations Act, 2005 (division C of
23
Public Law 108–447; 50 U.S.C. 2812 note).
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1
(21) Section 3114 of the National Defense Au-
2
thorization Act for Fiscal Year 2013 (Public Law
3
112–239; 50 U.S.C. 2535 note).
4
(c) TECHNICAL AMENDMENTS.—
5
6
(1) AMENDMENTS
TO
TITLE
10.—Title
10,
United States Code, is amended—
7
(A) in section 179—
8
(i) in subsection (d)(13), by striking
9
‘‘section 4002 of the Atomic Energy De-
10
fense Act (50 U.S.C. 2501)’’ and inserting
11
‘‘section 6101’’; and
12
(ii) in subsection (f)—
13
(I) in paragraph (2), by striking
14
‘‘section 4717 of the Atomic Energy
15
Defense Act (50 U.S.C. 2757)’’ at
16
each place it appears and inserting
17
‘‘section 6289’’; and
18
(II) in paragraph (3), by striking
19
‘‘section 4219(a) of the Atomic En-
20
ergy
21
2538a(a))’’ and inserting ‘‘section
22
6218’’;
Defense
Act
(50
U.S.C.
23
(B) in section 499a(e), by striking ‘‘section
24
4002 of the Atomic Energy Defense Act (50
25
U.S.C. 2501)’’ and inserting ‘‘section 6101’’.
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1
(2) AMENDMENTS TO OTHER LAWS.—
2
(A) Section 809(b)(2) of the James M.
3
Inhofe National Defense Authorization Act for
4
Fiscal Year 2023 (Public Law 117–263; 10
5
U.S.C. 4351 note) is amended by striking ‘‘sec-
6
tions 4217 and 4311 of the Atomic Energy De-
7
fense Act (50 U.S.C. 2537, 2577)’’ and insert-
8
ing ‘‘sections 6125 and 6161 of title 10, United
9
States Code’’.
10
(B) Section 1635(c)(2) of the Servicemem-
11
ber Quality of Life Improvement and National
12
Defense Authorization Act for Fiscal Year 2025
13
(Public Law 118–159; 10 U.S.C. 4811 note) is
14
amended by striking ‘‘section 4002 of the
15
Atomic Energy Defense Act (50 U.S.C. 2501)’’
16
and inserting ‘‘section 6101 of title 10, United
17
States Code’’.
18
(C) Section 3111(b)(1) of the National De-
19
fense Authorization Act for Fiscal Year 2018
20
(Public Law 115–91; 50 U.S.C. 2402 note) is
21
amended by striking ‘‘section 4002(6) of the
22
Atomic
23
2501(6))’’ and inserting ‘‘section 6101 of title
24
10, United States Code’’.
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Energy
Defense
Act
(50
U.S.C.
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1886
1
(D) Section 3116(a)(3) of the National
2
Defense Authorization Act for Fiscal Year 2018
3
(Public Law 115–91; 131 Stat. 1888) is
4
amended by striking ‘‘section 4101 of the
5
Atomic Energy Defense Act (50 U.S.C. 2511)’’
6
and inserting ‘‘section 6102 of title 10, United
7
States Code’’.
8
(E) Section 3113 of the National Defense
9
Authorization Act for Fiscal Year 2017 (Public
10
Law 114–328; 50 U.S.C. 2512 note) is amend-
11
ed—
12
(i) in subsection (a), by striking ‘‘sec-
13
tion 4102(b) of the Atomic Energy De-
14
fense Act (50 U.S.C. 2512(b))’’ and insert-
15
ing ‘‘section 6103 of title 10, United
16
States Code’’; and
17
(ii) in subsection (d), by striking ‘‘sec-
18
tion 4002 of the Atomic Energy Defense
19
Act (50 U.S.C. 2501)’’ and inserting ‘‘sec-
20
tion 6101 of title 10, United States Code’’.
21
(F) Section 3137(d) of the National De-
22
fense Authorization Act for Fiscal Year 2016
23
(Public Law 114–92; 50 U.S.C. 2512 note) is
24
amended by striking ‘‘section 4002(6) of the
25
Atomic
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Energy
Defense
Act
(50
U.S.C.
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1887
1
2501(6))’’ and inserting ‘‘section 6101 of title
2
10, United States Code’’.
3
(G) Section 3121(c) of the National De-
4
fense Authorization Act for Fiscal Year 2022
5
(Public Law 117–81; 50 U.S.C. 2521 note) is
6
amended by striking ‘‘section 4002 of the
7
Atomic Energy Defense Act (50 U.S.C. 2501)’’
8
and inserting ‘‘section 6101 of title 10, United
9
States Code’’.
10
(H) Section 3129 of the National Defense
11
Authorization Act for Fiscal Year 2014 (Public
12
Law 113–66; 50 U.S.C. 2521 note) is amend-
13
ed—
14
(i) in subsection (a), by striking ‘‘sec-
15
tion 4201 of the Atomic Energy Defense
16
Act (50 U.S.C. 2521)’’ and inserting ‘‘sec-
17
tion 6111 of title 10, United States
18
Code,’’; and
19
(ii) in subsection (e), by striking ‘‘sec-
20
tion 4203 of the Atomic Energy Defense
21
Act (50 U.S.C. 2523)’’ and inserting ‘‘sec-
22
tion 6114 of title 10, United States
23
Code,’’.
24
(I) Section 3116(c) of the National De-
25
fense Authorization Act for Fiscal Year 2004
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1888
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(Public Law 108–136; 50 U.S.C. 2529 note) is
2
amended by striking ‘‘section 4209(a) of the
3
Atomic
4
2529(a))’’ and inserting ‘‘section 6120 of title
5
10, United States Code’’.
Energy
Defense
Act
(50
U.S.C.
6
(J) Section 3121(c) of the James M.
7
Inhofe National Defense Authorization Act for
8
Fiscal Year 2023 (Public Law 117–263; 50
9
U.S.C. 2532 note) is amended by striking ‘‘sec-
10
tion 4002 of the Atomic Energy Defense Act
11
(50 U.S.C. 2501)’’ and inserting ‘‘section 6101
12
of title 10, United States Code’’.
13
(K) Section 3126 of the James M. Inhofe
14
National Defense Authorization Act for Fiscal
15
Year 2023 (Public Law 117–263; 50 U.S.C.
16
2538a note) is amended by striking ‘‘section
17
4219 of the Atomic Energy Defense Act (50
18
U.S.C. 2538a)’’ and inserting ‘‘section 6128 of
19
title 10, United States Code’’.
20
(L) Section 3116(e)(4) of the Ronald W.
21
Reagan National Defense Authorization Act for
22
Fiscal Year 2005 (Public Law 108–375; 50
23
U.S.C. 2602 note) is amended by striking ‘‘sec-
24
tion 4306A of the Atomic Energy Defense Act
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1889
1
(50 U.S.C. 2567)’’ and inserting ‘‘section 6154
2
of title 10, United States Code’’.
3
(M) Section 3121 of the John S. McCain
4
National Defense Authorization Act for Fiscal
5
Year 2019 (Public Law 115–232; 50 U.S.C.
6
2652 note) is amended—
7
(i) by striking ‘‘section 4502(a) of the
8
Atomic Energy Defense Act (50 U.S.C.
9
2652(a))’’ each place it appears and insert-
10
ing ‘‘section 6222(a) of title 10, United
11
States Code’’; and
12
(ii) in subsection (f)(2), by striking
13
‘‘section 4002 of the Atomic Energy De-
14
fense Act (50 U.S.C. 2501)’’ and inserting
15
‘‘section 6101 of title 10, United States
16
Code’’.
17
(d) FURTHER TECHNICAL AMENDMENTS.—
18
(1) COORDINATION WITH OTHER AMENDMENTS
19
MADE BY THIS ACT.—The amendments made by sec-
20
tions 3112, 3113, 3114, 3115, 3116, 3117, and
21
3122 of this Act shall take effect immediately after
22
the amendment made by subsection (a) and shall be
23
executed in subpart B of part VI of subtitle A of
24
title 10, United States Code, as added by subsection
25
(a), as follows:
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1890
1
(A) The amendment to section 4203 of the
2
Atomic Energy Defense Act (50 U.S.C. 2523)
3
made by section 3122 shall be executed with re-
4
spect to section 6114 of title 10, United States
5
Code, as added by subsection (a).
6
(B) The amendment to section 4219 of the
7
Atomic Energy Defense Act (50 U.S.C. 2358a)
8
made by section 3112 shall be executed with re-
9
spect to section 6128 of title 10, United States
10
Code, as added by subsection (a).
11
(C) The amendment to section 4220(c) of
12
the Atomic Energy Defense Act (50 U.S.C.
13
2538b) made by section 3113 shall be executed
14
with respect to section 6131 of title 10, United
15
States Code, as added by subsection (a).
16
(D) The amendment to subtitle A of title
17
XLII of the Atomic Energy Defense Act (50
18
U.S.C. 2521 et seq.) made by section 3113
19
shall be executed with respect to subchapter I
20
of chapter 602 of title 10, United States Code,
21
as added by subsection (a).
22
(E) The amendment to section 4510 of the
23
Atomic Energy Defense Act (50 U.S.C. 2661)
24
made by section 3114 shall be executed with re-
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1891
1
spect to section 6227 of title 10, United States
2
Code, as added by subsection (a).
3
(F) The amendment to section 4601 of the
4
Atomic Energy Defense Act (50 U.S.C. 2701)
5
made by section 3115 shall be executed with re-
6
spect to section 6241 of title 10, United States
7
Code, as added by subsection (a).
8
(G) The amendment to section 4713 of the
9
Atomic Energy Defense Act (50 U.S.C. 2753)
10
made by section 3116 shall be executed with re-
11
spect to section 6284 of title 10, United States
12
Code, as added by subsection (a).
13
(H) The amendment to subtitle B of title
14
XLVIII of the Atomic Energy Defense Act (50
15
U.S.C. 2791 et seq.) made by section 3117
16
shall be executed with respect to subchapter II
17
of chapter 608 of 10, United States Code, as
18
added by subsection (a).
19
(2) AMENDMENTS TO CONFORM WITH UNITED
20
STATES CODE.—Subpart B of part VI of subtitle A
21
of title 10, United States Code, as added by sub-
22
section (a), is amended as follows:
23
(A) By striking any heading within a sec-
24
tion that is not a section heading or a sub-
25
section heading.
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(B) By conforming the margins to the
2
margins used for subsections, paragraphs, sub-
3
paragraphs, clauses, subclauses, items, and
4
subitems, in section 179 of title 10, United
5
States Code, including with respect to the use
6
of inline subsections, paragraphs, subpara-
7
graphs,
8
subitems, as appropriate.
9
clauses,
subclauses,
items,
and
(e) SAVINGS PROVISION.—All orders, determinations,
10 rules, regulations, permits, contracts, or other exercise of
11 the authority of the Secretary of Energy or the Adminis12 trator for Nuclear Security under the Atomic Energy De13 fense Act (50 U.S.C. 2501 et seq.) made before the date
14 of the enactment of this Act and effective as of such date
15 shall continue in effect as if such authority was exercised
16 under subpart B of part VI of subtitle A of title 10, United
17 States Code, as added by subsection (a), until modified,
18 terminated, superseded, set aside, or revoked in accord19 ance with law by the President, the Secretary, the Admin20 istrator, any other authorized official, a court of com21 petent jurisdiction, or operation of law.
22
23
SEC. 3112. PLUTONIUM PIT PRODUCTION CAPACITY.
Section 4219 of the Atomic Energy Defense Act (50
24 U.S.C. 2538a) is amended—
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1893
1
2
(1) by redesignating subsections (f), (g), and
(h) as subsections (g), (i), and (h), respectively;
3
(2) by moving subsection (i), as so redesig-
4
nated, so as to appear after subsection (h), as so re-
5
designated;
6
(3) in subsection (i), as so redesignated, by
7
striking ‘‘this subsection’’ and inserting ‘‘this sec-
8
tion’’; and
9
(4) by inserting after subsection (e) the fol-
10
lowing new subsection (f):
11
‘‘(f) CAPACITY.—In carrying out subsection (a), the
12 Secretary of Energy shall—
13
‘‘(1) ensure that Los Alamos National Labora-
14
tory, Los Alamos, New Mexico, has the capability to
15
reliably produce no fewer than 30 war reserve pluto-
16
nium pits annually; and
17
‘‘(2) ensure that the Savannah River Plutonium
18
Processing Facility at the Savannah River Site,
19
Aiken, South Carolina, has the capability to reliably
20
produce no fewer than 50 war reserve plutonium pits
21
annually.’’.
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1
SEC. 3113. STOCKPILE RESPONSIVENESS AND RAPID CAPA-
2
BILITIES PROGRAMS OF THE NATIONAL NU-
3
CLEAR SECURITY ADMINISTRATION.
4
(a) IN GENERAL.—Subtitle A of title XLII of the
5 Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
6 amended—
7
(1) in section 4220(c)—
8
(A) in paragraph (3)—
9
(i) by striking ‘‘Periodically’’ and in-
10
serting ‘‘Continually’’; and
11
(ii) by inserting ‘‘integrated system
12
demonstrations,’’ after ‘‘flight testing,’’;
13
and
14
(B) in paragraph (4)—
15
(i) by striking ‘‘Shorten’’ and insert-
16
ing ‘‘Develop technologies for transition to
17
a nuclear stockpile life extension program
18
or new nuclear weapon program project
19
that have the potential to reduce’’; and
20
(ii) by striking ‘‘and timelines to mini-
21
mize’’ and all that follows through the end
22
of the paragraph and inserting ‘‘cost and
23
schedule’’; and
24
25
(2) by adding at the end of the following new
section:
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1
2
‘‘SEC. 4225. RAPID CAPABILITIES PROGRAM.
‘‘(a) IN GENERAL.—The Secretary of Energy, acting
3 through the Administrator and in coordination with the
4 Secretary of Defense, shall carry out a program (to be
5 known as the ‘rapid capabilities program’) to develop new
6 nuclear weapons or modified nuclear weapons that meet
7 military requirements.
8
‘‘(b) OBJECTIVES.—The program under subsection
9 (a) shall have the following objectives:
10
11
‘‘(1) Identify and assess potential design concepts for rapid development feasability.
12
‘‘(2) Carry out projects with the goal of achiev-
13
ing first production unit within 5 years of project
14
initiation.
15
‘‘(3) Utilize non-traditional approaches, system-
16
specific requirements, and tailored risk-acceptance
17
processes to favorably balance cost, schedule, and
18
capability.
19
‘‘(4) Maximize reuse of existing components,
20
non-serial manufacturing, and limited production
21
quantities.
22
23
‘‘(5) Minimize disruption to other major nuclear
weapons stockpile modernization programs.
24
‘‘(6) Develop institutional expertise within the
25
nuclear security enterprise for rapid execution of all
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1
phases for the joint nuclear weapons life cycle proc-
2
ess.
3
‘‘(c) REQUIREMENTS ADVISORY BOARD.—In car-
4 rying out the objectives of the program under subsection
5 (b), the Administrator shall establish an advisory board,
6 which shall be responsible for advising the Administrator
7 with respect to military and deterrence policy require8 ments related to the activities of the program. Such advi9 sory board shall be composed of the following members:
10
‘‘(1) The Principal Deputy Assistant Secretary
11
of Defense for Nuclear Deterrence, Chemical and
12
Biological Defense Policy and Programs.
13
14
‘‘(2) The Director for Strategy, Plans, and Policy of the Joint Staff.
15
16
‘‘(3) The Director of Navy Strategic Systems
Programs.
17
‘‘(4) The Deputy Commander of Air Force
18
Global Strike Command.
19
‘‘(d) PROGRAM BUDGET.—In accordance with the re-
20 quirements under section 4209, for each budget submitted
21 by the President to Congress under section 1105 of title
22 31, United States Code, the amounts requested for the
23 program under this section shall be clearly identified in
24 the budget justification materials submitted to Congress
25 in support of that budget.
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1
‘‘(e) JOINT NUCLEAR WEAPONS LIFE CYCLE PROC-
2
ESS DEFINED.—In this section, the term ‘joint nuclear
3 weapons life cycle process’ means the process developed
4 and maintained by the Secretary of Defense and the Sec5 retary of Energy for the development, production, mainte6 nance, and retirement of nuclear weapons.’’.
7
(b) CLERICAL AMENDMENT.—The table of contents
8 for such Act is amended by inserting after the item relat9 ing to section 4224 the following new item:
‘‘Sec. 4225. Rapid capabilities program.’’.
10
SEC. 3114. PROTECTION OF CERTAIN NUCLEAR FACILITIES
11
12
AND ASSETS FROM UNMANNED AIRCRAFT.
Section 4510(e)(1)(C) of the Atomic Energy Defense
13 Act (50 U.S.C. 2661(e)(1)(C)) is amended to read as fol14 lows:
15
‘‘(C)(i) owned by or contracted to the Na-
16
tional Nuclear Security Administration, includ-
17
ing any facility that stores or uses special nu-
18
clear material; or
19
20
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1
SEC. 3115. EXTENSION OF AUTHORITY FOR APPOINTMENT
2
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
3
TECHNICAL PERSONNEL.
4
Section 4601(c)(1) of the Atomic Energy Defense Act
5 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep6 tember 30, 2026’’ and inserting ‘‘September 30, 2036’’.
7
SEC. 3116. NOTIFICATION OF COST OVERRUNS FOR CER-
8
9
TAIN DEPARTMENT OF ENERGY PROJECTS.
Section 4713 of the Atomic Energy Defense Act (50
10 U.S.C. 2753) is amended—
11
(1) in subsection (a)—
12
(A) in paragraph (1)(A), in the first sen-
13
tence, by inserting ‘‘prior to entry into Phase
14
6.4 or Phase 4, as appropriate’’ after ‘‘Adminis-
15
tration’’; and
16
(B) in paragraph (2)(A), by inserting
17
‘‘prior to entry into Phase 6.4’’ after ‘‘project’’;
18
(2) in subsection (c)(2)—
19
(A) by redesignating subparagraphs (B)
20
and (C) as subparagraphs (C) and (D), respec-
21
tively; and
22
23
(B) by inserting after subparagraph (A)
the following new subparagraph (B):
24
‘‘(B) a review of the revised baseline has
25
been conducted by the Director of Cost Esti-
26
mating and Program Evaluation of the Na-
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1
tional Nuclear Security Administration, con-
2
sistent with section 3221(d)(1)(F) of the Na-
3
tional Nuclear Security Administration Act (50
4
U.S.C. 2411(d)(1)(F)).’’; and
5
(3) in subsection (d)(1), by inserting ‘‘and the
6
results of the review conducted by the Director of
7
Cost Estimating and Program Evaluation under
8
subsection (c)(2)(B)’’ after ‘‘subsection (c)(2)’’.
9
SEC. 3117. APPROPRIATE SCOPING OF ARTIFICIAL INTEL-
10
LIGENCE RESEARCH WITHIN THE NATIONAL
11
NUCLEAR SECURITY ADMINISTRATION.
12
(a) IN GENERAL.—Subtitle B of title XLVIII of the
13 Atomic Energy Defense Act (50 U.S.C. 2791 et seq.) is
14 amended by adding at the end the following section:
15
‘‘SEC. 4816. APPROPRIATE SCOPING OF ARTIFICIAL INTEL-
16
LIGENCE RESEARCH WITHIN THE ADMINIS-
17
TRATION.
18
‘‘(a) IN GENERAL.—Funds authorized to be appro-
19 priated by this Act or otherwise made available for fiscal
20 year 2026, or any subsequent fiscal year, for the Adminis21 tration for the purposes of conducting research and devel22 opment of artificial intelligence technologies, executing a
23 program to develop or manage the application of such
24 technologies, or developing, acquiring, or sustaining any
25 associated computing hardware or supporting infrastruc-
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1900
1 ture may only be used to support the nuclear security mis2 sions of the Administration.
3
‘‘(b) RULE OF CONSTRUCTION.—The limitation de-
4 scribed in subsection (a) may not be interpreted—
5
‘‘(1) to prohibit the establishment of an endur-
6
ing national security artificial intelligence research
7
and development program in any component of the
8
Department of Energy other than the Administra-
9
tion or in any other Federal agency; or
10
‘‘(2) to impede the use of resources of the Ad-
11
ministration, including resources provided by a na-
12
tional security laboratory or a nuclear weapons pro-
13
duction facility site, to support the execution of an
14
enduring national security artificial intelligence re-
15
search and development program or activity, if such
16
support is provided—
17
‘‘(A) on a full cost recovery basis, includ-
18
ing any associated infrastructure or utility
19
costs, to an entity that is not a component of
20
the Department of Energy; and
21
‘‘(B) in a manner that does not interfere
22
with the nuclear security mission of such lab-
23
oratory or facility.’’.
24
(b) CLERICAL AMENDMENT.—The table of contents
25 for the Atomic Energy Defense Act is amended by insert-
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1901
1 ing after the item relating to section 4815 the following
2 new item:
‘‘Sec. 4816. Appropriate scoping of artificial intelligence research within the
Administration.’’.
4
Subtitle C—Reports and Other
Matters
5
SEC. 3121. MODIFICATION TO REPORTING REQUIREMENTS
3
6
WITH
7
STOCKPILE
8
AND RESPONSIVENESS PLAN.
9
RESPECT
TO
NUCLEAR
STEWARDSHIP,
WEAPONS
MANAGEMENT,
Section 4203 of the Atomic Energy Defense Act (50
10 U.S.C. 2523) is amended—
11
(1) in subsection (b)—
12
(A) by striking paragraph (1);
13
(B) by redesignating paragraphs (2) and
14
(3) as paragraphs (1) and (2), respectively, and
15
adjusting the margins accordingly; and
16
(C) in paragraph (1), as so redesignated—
17
(i) by striking ‘‘subsection (d)’’ and
18
inserting ‘‘subsection (c)’’;
19
(ii) by striking ‘‘March 15 of each
20
odd-numbered year’’ and inserting ‘‘45
21
days after each date on which a budget for
22
an odd-numbered fiscal year is submitted
23
to Congress’’; and
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1
(iii) in paragraph (2), as so redesig-
2
nated, by striking ‘‘summaries and re-
3
ports’’ and inserting ‘‘report’’;
4
(2) by striking subsection (c);
5
(3) by redesignating subsections (d) through (f)
6
as subsections (c) through (e), respectively;
7
8
(4) in subsection (c), as so redesignated—
(A) by striking ‘‘subsection (b)(2)’’ and in-
9
serting ‘‘subsection (b)(1)’’;
10
(B) in paragraph (4)—
11
(i) in subparagraph (A), by striking
12
‘‘modernization and refurbishment’’ and
13
inserting
14
and refurbishment’’;
‘‘construction,
modernization,
15
(ii) by redesignating subparagraphs
16
(B), (C), and (D) as subparagraphs (C),
17
(F), and (G), respectively;
18
(iii) by inserting after subparagraph
19
(A) the following new subparagraph (B):
20
‘‘(B) an explanation of the targeted needs
21
addressed by the measures described under sub-
22
paragraph (A);’’; and
23
(iv) by inserting after subparagraph
24
(C), as so redesignated, the following new
25
subparagraphs:
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1903
1
‘‘(D) a summary of identified long-term in-
2
frastructure investments needed beyond such
3
10-year period;
4
‘‘(E) a statement of changes to, and
5
progress toward achieving, the measures de-
6
scribed under subparagraph (A) during the pe-
7
riod covered by the report, compared to such
8
changes and progress during the period covered
9
by the preceding report;’’; and
10
(5) in subsection (d), as so redesignated, by
11
striking ‘‘subsection (b)(2)’’ each place it appears
12
and inserting ‘‘subsection (b)(1)’’.
13
SEC. 3122. ASSESSMENT OF THE NATIONAL NUCLEAR SECU-
14
RITY ADMINISTRATION SPENT FUEL HAN-
15
DLING RECAPITALIZATION PROJECT.
16
(a) IN GENERAL.—The Deputy Administrator for
17 Naval Reactors of the National Nuclear Security Adminis18 tration shall carry out an independent assessment of the
19 Spent Fuel Handling Recapitalization Project.
20
(b) ELEMENTS.—The assessment required under
21 subsection (a) shall include, with respect to such project—
22
(1) a root cause analysis to determine the un-
23
derlying causes of the cost overruns, schedule delays
24
and performance shortcomings;
25
(2) an analysis of—
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1
(A) the quality assurance program of such
2
project; and
3
(B) the corrective action processes and ap-
4
plication of standards for nuclear quality assur-
5
ance under such quality assurance program;
6
and
7
(3) any other matter the Deputy Administrator
8
determines appropriate.
9
(c) SUBMISSION TO CONGRESS.—Not later than 30
10 days after the date on which the Deputy Administrator
11 completes the assessment required under subsection (a),
12 the Deputy Administrators shall submit to the congres13 sional defense committees and the Comptroller General of
14 the United States a report that includes the findings of
15 such assessments.
16
SEC. 3123. DEPARTMENT OF ENERGY REPORT ON EXPAN-
17
SION OF OTHER TRANSACTION AUTHORITIES
18
FOR NATIONAL NUCLEAR SECURITY ADMIN-
19
ISTRATION.
20
Not later than March 1, 2026, the Secretary of En-
21 ergy, acting through the Administrator for Nuclear Secu22 rity, shall submit to the Committees on Armed Services
23 of the Senate and the House of Representatives, a report
24 that includes the following elements:
25
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(1) A legislative proposal that would—
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1905
1
(A) provide streamlined other transaction
2
authorities for the National Nuclear Security
3
Administration in a manner that would allow
4
for increased utilization to improve the nuclear
5
security enterprise and enhance mission effec-
6
tiveness; and
7
(B) expand the scope of activities for
8
which other transaction authorities may be uti-
9
lized to include facilities construction, improve-
10
ment and repair, as appropriate.
11
(2) A description of amendments to laws in ef-
12
fect as of the date of the enactment of this Act that
13
would be necessary to implement the legislative pro-
14
posal described in paragraph (1).
15
SEC. 3124. OFFICE OF ENVIRONMENTAL MANAGEMENT
16
PROGRAM-WIDE
17
FOR REDUCING RISK.
18
PERFORMANCE
METRICS
(a) IN GENERAL.—Not later than one year after the
19 date of the enactment of this Act, the Secretary of Energy
20 shall—
21
(1) develop and implement program perform-
22
ance metrics for the Office of Environmental Man-
23
agement (referred to in this section as the ‘‘Office’’),
24
in addition to the program performance metrics
25
identified in the plan published by the Office of En-
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1906
1
vironmental Management entitled ‘‘EM Program
2
Plan 2022’’; and
3
(2) revise the program performance metrics
4
identified in the ‘‘EM Program Plan 2022’’ in ac-
5
cordance with the requirements of subsection (b).
6
(b) REQUIRED ELEMENTS.—The program perform-
7 ance metrics described in subsection (a) shall incorporate
8 the following elements:
9
(1) LINKAGE.—Each metric shall—
10
(A) align with the goals and mission of the
11
Department of Energy (referred to in this sec-
12
tion as the ‘‘Department’’) and the Office;
13
(B) link to the other metrics developed or
14
revised under subsection (a) and any other ex-
15
isting performance metrics of the Department
16
and the Office; and
17
(C) be clearly communicated throughout
18
the Department and the Office.
19
(2) CLARITY.—Each metric shall be clear and
20
the name and definition of such metric shall be con-
21
sistent with the methodology used to calculate the
22
metric.
23
24
(3) MEASURABLE.—Each metric shall have a
numerical goal.
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1907
1
2
(4) OBJECTIVE.—Each metric shall be reasonably free from significant bias or manipulation.
3
4
(5) RELIABLE.—Each metric shall produce the
same result under similar conditions.
5
(6) CORE PROGRAM ACTIVITIES.—The metrics
6
shall cover the activities that the Office is expected
7
to perform to support its mission.
8
(7) LIMITED OVERLAP.—Each metric shall pro-
9
vide new information beyond any information pro-
10
vided by other metrics.
11
12
(8) BALANCE.—The metrics shall ensure that
various priorities of the Office are covered.
13
(9) EFFECTIVENESS.—Each metric shall incor-
14
porate an effectiveness measure, such as quality,
15
timeliness, and cost of service.
16
(c) RISK REDUCTION PRIORITIZATION.—The pro-
17 gram performance metrics described in subsection (a)
18 shall—
19
(1) give first priority to addressing any issues
20
posing an immediate risk to human health or the en-
21
vironment;
22
(2) give second priority, as appropriate, to ad-
23
dressing issues based on achieving the highest risk
24
reduction benefit per radioactive or hazardous con-
25
tent removed; and
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1908
1
(3) measure the amount of radioactivity or haz-
2
ardous content removed, as determined by—
3
(A) curies, rads, or rems;
4
(B) pounds of hazardous content removed;
5
or
6
7
(C) such other appropriate measure.
(d) REPORT.—
8
(1) IN GENERAL.—Not later than one year
9
after the date of the enactment of this Act, and
10
every two years thereafter until 2036, the Secretary
11
of Energy shall submit to the congressional defense
12
committees
13
achieved under the program performance metrics de-
14
scribed in subsection (a) for each fiscal year covered
15
by such report.
a
report
describing
the
outcomes
16
(2) CONTENTS.—Each report shall identify the
17
cost per curie, rad, or rem of radioactivity and cost
18
per pound of hazardous content removed program-
19
wide, by site, and by mission area.
20
SEC. 3125. OFFICE OF ENVIRONMENTAL MANAGEMENT IN-
21
TEGRATED RADIOACTIVE WASTE DISPOSAL
22
PLANNING AND OPTIMIZATION.
23
(a) RADIOACTIVE WASTE DISPOSAL OPTIMIZATION
24 ANALYSES.—
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1909
1
(1) IN GENERAL.—Not later than one year
2
after the date of the enactment of this Act, the Sec-
3
retary of Energy shall develop a complex-wide anal-
4
ysis to identify optimal disposal pathways and sched-
5
ules for defense radioactive waste produced by the
6
Department of Energy (and the predecessor agencies
7
to the Department) and managed by the Office of
8
Environmental Management of the Department.
9
10
(2) CONTENTS.—The analysis required by paragraph (1) shall—
11
(A) incorporate modeling to identify opti-
12
mal disposal pathways and schedules that could
13
be achieved, in consideration of—
14
(i) regulatory constraints; and
15
(ii) legal binding agreements; and
16
(B) identify strategic alternatives to radio-
17
active waste disposal plans and schedules.
18
(b) NATIONWIDE RADIOACTIVE WASTE DISPOSAL
19 PLAN.—
20
(1) IN GENERAL.—Not later than 15 months
21
after the date of the enactment of this Act, the Sec-
22
retary of Energy shall develop an integrated, nation-
23
wide radioactive waste disposal plan.
24
25
(2) CONTENTS.—The plan required by paragraph (1) shall—
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1910
1
(A) include, to the maximum extent prac-
2
ticable, optimal radioactive waste disposal path-
3
ways and schedules identified through the anal-
4
ysis conducted pursuant to subsection (a);
5
(B) identify specific opportunities for fur-
6
ther optimization of radioactive waste disposal
7
pathways and schedules that might be achieved
8
through changes in regulatory constraints;
9
(C) address complex-wide disposal issues,
10
such as waste with no disposal pathway; and
11
(D) incorporate feedback from key stake-
12
holders, including Federal and State regulators
13
and operators of radioactive waste disposal fa-
14
cilities.
15
(c) RADIOACTIVE WASTE DISPOSAL FORUM.—
16
(1) IN GENERAL.—Not later than 18 months
17
after the date of the enactment of this Act, the Sec-
18
retary of Energy shall establish a forum for Federal
19
and State agencies that regulate radioactive waste
20
cleanup and disposal activities by the Office of Envi-
21
ronmental Management.
22
(2) PURPOSE.—The forum established pursuant
23
to paragraph (1) shall holistically negotiate regu-
24
latory and other changes that could allow the De-
25
partment of Energy to implement opportunities for
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1911
1
optimal radioactive waste disposal identified pursu-
2
ant to subsection (b).
3
(d) REPORT REQUIRED.—Not later than two years
4 after the date of the enactment of this Act, the Secretary
5 of Energy shall submit to the congressional defense com6 mittees a report that includes—
7
8
(1) the results of the optimization analysis required by subsection (a);
9
10
(2) the nationwide disposal plan required by
subsection (b); and
11
(3) the initial activities of the forum established
12
pursuant to subsection (c).
13
(e) CONGRESSIONAL NOTIFICATION
14
AND
BRIEF-
ING.—If the Secretary of Energy determines to signifi-
15 cantly modify operations at sites managed by the Office
16 of Environmental Management of the Department of En17 ergy, the Secretary shall, not later than 30 days before
18 the date on which the Secretary carries out the modifica19 tion of such operations provide to the congressional de20 fense committees notice of, and a briefing with respect to,
21 such modification.
22
(f) DEFINITIONS.—In this section:
23
(1) The term ‘‘complex’’ means the set of sites
24
across the United States where radioactive waste
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1912
1
cleanup and disposal activities are managed by the
2
Office of Environmental Management.
3
4
(2) The term ‘‘integrated’’ means inclusive of
all radioactive waste across the complex.
5
(3) The term ‘‘optimal’’ means the best possible
6
outcome, such as the lowest cost or highest profit,
7
while following specific rules and limitations.
8
(4) The term ‘‘regulatory constraints’’ means
9
requirements included in regulations or agreements
10
with regulators that affect decisions regarding radio-
11
active waste disposal pathways and schedules by the
12
Office of Environmental Management.
13
SEC. 3126. PROHIBITION RELATING TO RECLASSIFICATION
14
15
OF HIGH-LEVEL WASTE.
None of the funds authorized to be appropriated by
16 this Act or otherwise made available for fiscal year 2026
17 for the Department of Energy may be obligated or ex18 pended by the Secretary of Energy to apply the interpreta19 tion of high-level radioactive waste described in the notice
20 published by the Secretary titled ‘‘Supplemental Notice
21 Concerning U.S. Department of Energy Interpretation of
22 High-Level Radioactive Waste’’ (84 Fed. Reg. 26835), or
23 successor notice, with respect to such waste located in the
24 State of Washington.
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1913
1
SEC. 3127. NATIONAL SECURITY POSITIONS WITHIN THE
2
3
DEPARTMENT OF ENERGY.
The Secretary of Energy shall treat any position in
4 the Department of Energy which requires the performance
5 of duties funded with amounts from subfunctional cat6 egory 053, atomic energy defense activities, as a position
7 necessary to fulfill the national security responsibilities of
8 the Department of Energy.
9
SEC. 3128. CONSULTATION REQUIREMENT WITH RESPECT
10
TO TRANSFER TO PRIVATE ENTITIES OF PLU-
11
TONIUM OR PLUTONIUM MATERIALS; RE-
12
PORT.
13
(a) CONSULTATION REQUIRED.—
14
(1) IN GENERAL.—The Secretary of Energy
15
shall, on an ongoing basis, consult with the Sec-
16
retary of Defense with respect to any plans of the
17
Secretary of Energy relating to the transfer to a pri-
18
vate entity from Federal stockpiles or storage of any
19
plutonium or plutonium materials.
20
(2) CONSULTATION PRIOR TO TRANSFER.—The
21
Secretary of Energy may not carry out any such
22
transfer before the date on which such Secretary
23
consults, pursuant to paragraph (1), with the Sec-
24
retary of Defense with respect to the transfer.
25
(b) CONGRESSIONAL NOTIFICATION; REPORT.—Not
26 later than 30 days before any date on which the Secretary
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1914
1 of Energy carries out a transfer to a private entity of plu2 tonium or plutonium materials, such Secretary shall sub3 mit to the appropriate congressional committees the fol4 lowing:
5
(1) A notification of the transfer.
6
(2) A report that includes—
7
(A) a description of—
8
(i) the plutonium and plutonium ma-
9
terials to be transferred that includes
10
the—
11
(I) amount;
12
(II) type;
13
(III) age;
14
(IV) relative condition; and
15
(V) current location;
16
(ii) the private entity to which such
17
plutonium and plutonium materials will be
18
transferred; and
19
(iii) the destination location to which
20
such plutonium and plutonium materials
21
will be transferred.
22
(B) A summary of the purpose of the
23
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1915
1
(C) An identification of any direct costs to
2
the United States Government associated with
3
the transfer.
4
(3) Except as provided in subsection (c), a writ-
5
ten certification, prepared in coordination with the
6
Under Secretary of Energy for Nuclear Security and
7
the Secretary of Defense, that such transfer does
8
not negatively impact the needs of the nuclear weap-
9
ons stockpile, including such needs related to stock-
10
pile stewardship.
11
(c) EXCEPTION.—A written certification under sub-
12 section (b)(3) shall not be required for the transfer of ma13 terials from the 34 metric tons of defense plutonium or
14 defense plutonium materials at the Savannah River Site
15 previously declared excess to defense needs and designated
16 for disposal.
17
(d) DEFINITIONS.—In this section:
18
19
(1) The term ‘‘appropriate congressional committees’’ means—
20
21
22
23
24
25
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(A) the Committees on Armed Services of
the House of Representatives and the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) the Committee on Natural Resources
of the Senate.
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1916
1
2
(2) The term ‘‘private entity’’ means any individual or organization other than—
3
(A) a department or agency of the Federal
4
Government; or
5
(B) a contractor or subcontractor for man-
6
agement and operations, site cleanup, or site
7
management activities at facilities owned by the
8
Department of Energy.
TITLE
XXXII—DEFENSE
NU10
CLEAR FACILITIES SAFETY
11
BOARD
9
Sec. 3201. Authorization.
12
13
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
14 year 2026, $45,000,000 for the operation of the Defense
15 Nuclear Facilities Safety Board under chapter 21 of the
16 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
17
18
Sec. 3401. Authorization of appropriations.
19
20
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are authorized to be appro-
21 priated to the Secretary of Energy $13,000,000 for fiscal
22 year 2026 for the purpose of carrying out activities under
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1917
1 chapter 869 of title 10, United States Code, relating to
2 the naval petroleum reserves.
3
(b) PERIOD OF AVAILABILITY.—Funds appropriated
4 pursuant to the authorization of appropriations in sub5 section (a) shall remain available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
6
7
Sec. 3501. Authorization of appropriations for Maritime Administration.
8
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MAR-
9
10
ITIME ADMINISTRATION.
(a) IN GENERAL.—There are authorized to be appro-
11 priated to the Department of Transportation for fiscal
12 year 2026, for programs associated with maintaining the
13 United States Merchant Marine, the following amounts:
14
(1) For expenses necessary to support the
15
United
16
$201,500,000, of which—
17
18
19
20
States
Merchant
Marine
Academy,
(A) $101,500,000 shall be for Academy
operations;
(B) $50,000,000 shall be for facilities
maintenance and repair and equipment; and
21
(C) $50,000,000 shall be for the develop-
22
ment of a design-build plan for the phased re-
23
habilitation, modernization, and construction of
24
facilities and infrastructure at the United
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1918
1
States Merchant Marine Academy in accord-
2
ance with the Campus Modernization Plan re-
3
quired by section 51329 of title 46, United
4
States Code, as added by section 3531.
5
(2) For expenses necessary to support the State
6
maritime academies, $58,800,000, of which—
7
(A) $4,800,000 shall be for the Student
8
Incentive Payment Program;
9
(B) $13,000,000 shall be for direct pay-
10
ments for State maritime academies;
11
(C) $12,000,000 shall be for training ship
12
fuel assistance;
13
(D) $4,000,000 shall be for offsetting the
14
costs of training ship sharing; and
15
(E) $25,000,000 shall be for maintenance
16
and repair of State maritime academy training
17
vessels.
18
(3) For expenses necessary to support the Na-
19
tional Security Multi-Mission Vessel program, in-
20
cluding funds for construction and necessary ex-
21
penses to construct shoreside infrastructure to sup-
22
port such vessels, $75,000,000.
23
(4) For expenses necessary to support Maritime
24
Administration
25
$105,500,000, of which—
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operations
and
programs,
G:\CMTE\AS\26\C\RCP.XML
1919
1
(A) $15,000,000 shall be for the maritime
2
environmental and technical assistance program
3
under section 50307 of title 46, United States
4
Code;
5
(B) $15,000,000 shall be for the United
6
States marine highway program, including to
7
make grants authorized under section 55601 of
8
title 46, United States Code;
9
(C) $2,000,000 shall be for the Office of
10
Environment and Compliance, including to as-
11
sist in the environmental review of grant and
12
permit programs administered by the Maritime
13
Administration; and
14
(D) $73,500,000 shall be for headquarters
15
operations expenses.
16
(5) For expenses necessary for the disposal of
17
obsolete vessels in the National Defense Reserve
18
Fleet of the Maritime Administration, $6,000,000.
19
(6) For expenses necessary to maintain and
20
preserve a United States flag merchant marine to
21
serve the national security needs of the United
22
States under chapter 531 of title 46, United States
23
Code, $390,000,000.
24
(7) For expenses necessary to maintain and
25
preserve a United States flag merchant marine to
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1920
1
serve the national security needs of the United
2
States under chapter 534 of title 46, United States
3
Code, $122,400,000.
4
(8) For expenses necessary for the loan guar-
5
antee program authorized under chapter 537 of title
6
46, United States Code, $33,700,000, of which—
7
(A) $30,000,000 may be used for the cost
8
(as such term is defined in section 502(5) of
9
the Federal Credit Reform Act of 1990 (2
10
U.S.C. 661a(5)) of loan guarantees under the
11
program; and
12
(B) $3,700,000 may be used for adminis-
13
trative expenses relating to loan guarantee com-
14
mitments under the program.
15
(9) For expenses necessary to provide assist-
16
ance to small shipyards and for maritime training
17
programs authorized under section 54101 of title 46,
18
United States Code, $105,000,000.
19
(10) For expenses necessary to implement the
20
port infrastructure development program, as author-
21
ized under section 54301 of title 46, United States
22
Code, subject to the limitation under subsection (b),
23
$550,000,000, to remain available until expended.
24
(b) LIMITATION.—
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1921
1
(1) IN GENERAL.—No funds may be obligated
2
or expended for the port infrastructure development
3
program pursuant to subsection (a)(9) to make a
4
grant to be used for the purchase of fully automated
5
cargo handling equipment that is remotely operated
6
or remotely monitored with or without the exercise
7
of human intervention or control, if the Secretary of
8
Transportation determines such equipment would re-
9
sult in a net loss of jobs within a port or port ter-
10
minal.
11
(2) REPORT.—If the Secretary makes a deter-
12
mination pursuant to paragraph (1), not later than
13
three days after the date on which such determina-
14
tion is made, the Secretary shall submit to the Com-
15
mittee on Commerce, Science, and Transportation of
16
the Senate and the Committee on Transportation
17
and Infrastructure of the House of Representatives
18
a report that includes the data and analysis used by
19
the Secretary in making such determination.
20
DIVISION D—FUNDING TABLES
21
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-
22
23
BLES.
(a) IN GENERAL.—Whenever a funding table in this
24 division specifies a dollar amount authorized for a project,
25 program, or activity, the obligation and expenditure of the
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1922
1 specified dollar amount for the project, program, or activ2 ity is hereby authorized, subject to the availability of ap3 propriations.
4
(b) MERIT-BASED DECISIONS.—A decision to com-
5 mit, obligate, or expend funds with or to a specific entity
6 on the basis of a dollar amount authorized pursuant to
7 subsection (a) shall—
8
(1) be based on merit-based selection proce-
9
dures in accordance with the requirements of sec-
10
tions 3201 and 4024 of title 10, United States Code,
11
or on competitive procedures; and
12
(2) comply with other applicable provisions of
13
law.
14
(c) RELATIONSHIP TO TRANSFER AND PROGRAM-
15
MING AUTHORITY.—An amount specified in the funding
16 tables in this division may be transferred or repro17 grammed under a transfer or reprogramming authority
18 provided by another provision of this Act or by other law.
19 The transfer or reprogramming of an amount specified in
20 such funding tables shall not count against a ceiling on
21 such transfers or reprogrammings under section 1001 of
22 this Act or any other provision of law, unless such transfer
23 or reprogramming would move funds between appropria24 tion accounts.
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1923
1
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This
2 section applies to any classified annex that accompanies
3 this Act.
4
(e) ORAL OR WRITTEN COMMUNICATIONS.—No oral
5 or written communication concerning any amount speci6 fied in the funding tables in this division shall supersede
7 the requirements of this section.
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1924
TITLE XLI—PROCUREMENT
1
2
SEC. 4101. PROCUREMENT.
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
006
009
013
017
018
027
028
029
034
036
037
039
040
045
047
048
050
052
053
054
057
058
059
002
004
006
009
011
012
015
017
018
019
020
021
022
023
029
032
035
036
038
040
044
Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
HADES PLATFORM, PAYLOADS/PED, AND INTEGRATION ..........................
ROTARY
AH–64 APACHE BLOCK IIIA REMAN ..................................................................
3 additional aircraft .............................................................................................
UH–60 BLACKHAWK M MODEL (MYP) ...............................................................
CH–47 HELICOPTER ...............................................................................................
CH–47 HELICOPTER AP .........................................................................................
MODIFICATION OF AIRCRAFT
AH–64 MODS .............................................................................................................
SCALABLE CONTROL INTERFACE (SCI) ...........................................................
CH–47 CARGO HELICOPTER MODS (MYP) ........................................................
UTILITY HELICOPTER MODS ..............................................................................
NETWORK AND MISSION PLAN ..........................................................................
COMMS, NAV SURVEILLANCE ..............................................................................
AVIATION ASSURED PNT ......................................................................................
GATM ROLLUP .........................................................................................................
GROUND SUPPORT AVIONICS
AIRCRAFT SURVIVABILITY EQUIPMENT .........................................................
CMWS ..........................................................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) .....................................
OTHER SUPPORT
COMMON GROUND EQUIPMENT .........................................................................
AIRCREW INTEGRATED SYSTEMS .....................................................................
AIR TRAFFIC CONTROL ........................................................................................
LAUNCHER, 2.75 ROCKET .....................................................................................
AGILE PORTFOLIO MANAGEMENT
SMALL UNMANNED AERIAL SYSTEMS .............................................................
FPV/PBAS Systems ............................................................................................
FUTURE UNMANNED AERIAL SYSTEMS (UAS) FAMILY ..............................
GRAY EAGLE MODIFICATIONS ............................................................................
TOTAL AIRCRAFT PROCUREMENT, ARMY .................................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ................................
M-SHORAD—PROCUREMENT ...............................................................................
MSE MISSILE ............................................................................................................
PAC–3 MSE missile recerts—misaligned budget request ...................................
Patriot Mods: AMMPS/DEX ...............................................................................
Program increase .................................................................................................
PRECISION STRIKE MISSILE (PRSM) ................................................................
Max PrSM Inc 1 procurement (+254 missiles)—misaligned budget request ....
INDIRECT FIRE PROTECTION CAPABILITY INC 2–I .....................................
Program decrease .................................................................................................
MID-RANGE CAPABILITY (MRC) ..........................................................................
Maritime Strike Tomahawk (MST) (USA, USN) ...............................................
AIR-TO-SURFACE MISSILE SYSTEM
JOINT AIR-TO-GROUND MSLS (JAGM) ...............................................................
LONG-RANGE HYPERSONIC WEAPON ...............................................................
ANTI-TANK/ASSAULT MISSILE SYS
JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................
TOW 2 SYSTEM SUMMARY ....................................................................................
GUIDED MLRS ROCKET (GMLRS) .......................................................................
GUIDED MLRS ROCKET (GMLRS) AP .................................................................
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .................................
HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ...........................
MODIFICATIONS
PATRIOT MODS ........................................................................................................
STINGER MODS .......................................................................................................
MLRS MODS ..............................................................................................................
HIMARS MODIFICATIONS .....................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ...............................................................................
SUPPORT EQUIPMENT & FACILITIES
AIR DEFENSE TARGETS .......................................................................................
AGILE PORTFOLIO MANAGEMENT
LAUNCHED EFFECTS FAMILY ............................................................................
TOTAL MISSILE PROCUREMENT, ARMY .....................................
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
FY 2026
Request
Conference
Authorized
26,850
26,850
1,669
732,060
618,798
61,421
91,669
[90,000]
732,060
618,798
61,421
125,236
1,257
17,709
33,659
40,472
11,566
49,475
4,651
125,236
1,257
17,709
33,659
40,472
11,566
49,475
4,651
129,167
38,419
225,647
129,167
38,419
225,647
29,489
14,986
24,213
1,611
29,489
14,986
24,213
1,611
726,034
744,034
[18,000]
118,459
12,351
3,153,199
118,459
12,351
3,045,199
637,473
679,114
945,905
160,846
830,579
82,407
637,473
679,114
2,685,525
[366,000]
[173,620]
[1,200,000]
480,846
[320,000]
820,579
[–10,000]
137,407
[55,000]
84,667
353,415
84,667
353,415
329,205
11,731
1,125,071
43,156
32,339
61,503
329,205
11,731
1,125,071
43,156
32,339
61,503
757,800
428,935
243,470
54,005
757,800
428,935
243,470
54,005
6,651
6,651
12,801
12,801
67,816
6,948,889
67,816
9,053,509
G:\CMTE\AS\26\C\RCP.XML
1925
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
002
004
005
008
009
010
011
012
013
017
019
021
024
025
027
028
029
031
034
036
038
042
043
046
047
001
002
003
004
005
006
007
008
009
011
012
013
014
015
016
017
019
020
021
022
024
025
026
027
028
029
030
032
034
035
036
037
040
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
TRACKED COMBAT VEHICLES
ARMORED MULTI PURPOSE VEHICLE (AMPV) ...............................................
ASSAULT BREACHER VEHICLE (ABV) ..............................................................
M10 BOOKER ............................................................................................................
MODIFICATION OF TRACKED COMBAT VEHICLES
STRYKER UPGRADE ...............................................................................................
BRADLEY FIRE SUPPORT TEAM (BFIST) VEHICLE ......................................
BRADLEY PROGRAM (MOD) .................................................................................
M109 FOV MODIFICATIONS ..................................................................................
PALADIN INTEGRATED MANAGEMENT (PIM) ................................................
IMPROVED RECOVERY VEHICLE (M88 HERCULES) ......................................
JOINT ASSAULT BRIDGE ......................................................................................
ABRAMS UPGRADE PROGRAM .............................................................................
Cart recapitalization .............................................................................................
VEHICLE PROTECTION SYSTEMS (VPS) ...........................................................
WEAPONS & OTHER COMBAT VEHICLES
PERSONAL DEFENSE WEAPON (ROLL) ............................................................
M240 MEDIUM MACHINE GUN (7.62MM) ...........................................................
MACHINE GUN, CAL .50 M2 ROLL .......................................................................
MORTAR SYSTEMS ..................................................................................................
LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS ..........................
PRECISION SNIPER RIFLE ...................................................................................
NEXT GENERATION SQUAD WEAPON ...............................................................
HANDGUN .................................................................................................................
MOD OF WEAPONS AND OTHER COMBAT VEH
M777 MODS ...............................................................................................................
SNIPER RIFLES MODIFICATIONS .......................................................................
M119 MODIFICATIONS ...........................................................................................
SUPPORT EQUIPMENT & FACILITIES
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...........................................................
PRODUCTION BASE SUPPORT (WOCV-WTCV) .................................................
TOTAL PROCUREMENT OF WEAPONS AND TRACKED
COMBAT VEHICLES, ARMY.
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
CTG, 5.56MM, ALL TYPES ......................................................................................
CTG, 7.62MM, ALL TYPES ......................................................................................
NEXT GENERATION SQUAD WEAPON AMMUNITION ...................................
CTG, HANDGUN, ALL TYPES ...............................................................................
CTG, .50 CAL, ALL TYPES .....................................................................................
CTG, 20MM, ALL TYPES .........................................................................................
CTG, 25MM, ALL TYPES .........................................................................................
CTG, 30MM, ALL TYPES .........................................................................................
CTG, 40MM, ALL TYPES .........................................................................................
CTG, 50MM, ALL TYPES .........................................................................................
MORTAR AMMUNITION
60MM MORTAR, ALL TYPES .................................................................................
81MM MORTAR, ALL TYPES .................................................................................
120MM MORTAR, ALL TYPES ...............................................................................
TANK AMMUNITION
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .................................
ARTILLERY AMMUNITION
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ...............................
ARTILLERY PROJECTILE, 155MM, ALL TYPES ...............................................
PRECISION ARTILLERY MUNITIONS .................................................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................
MINES
MINES & CLEARING CHARGES, ALL TYPES ....................................................
CLOSE TERRAIN SHAPING OBSTACLE .............................................................
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES .........................................
ROCKET, HYDRA 70, ALL TYPES ........................................................................
OTHER AMMUNITION
CAD/PAD, ALL TYPES ............................................................................................
DEMOLITION MUNITIONS, ALL TYPES .............................................................
GRENADES, ALL TYPES ........................................................................................
Program decrease .................................................................................................
SIGNALS, ALL TYPES .............................................................................................
SIMULATORS, ALL TYPES ....................................................................................
MISCELLANEOUS
AMMO COMPONENTS, ALL TYPES ......................................................................
ITEMS LESS THAN $5 MILLION (AMMO) ..........................................................
AMMUNITION PECULIAR EQUIPMENT .............................................................
FIRST DESTINATION TRANSPORTATION (AMMO) .........................................
CLOSEOUT LIABILITIES .......................................................................................
PRODUCTION BASE SUPPORT
INDUSTRIAL FACILITIES .....................................................................................
(1035098|1)
FY 2026
Request
Conference
Authorized
554,678
4,079
64,919
554,678
4,079
64,919
135,816
4,684
157,183
82,537
250,238
155,540
132,637
740,528
107,833
135,816
4,684
157,183
82,537
250,238
155,540
132,637
752,528
[12,000]
107,833
1,002
5
4
5,807
9,477
1,853
365,155
7
1,002
5
4
5,807
9,477
1,853
365,155
7
2,429
19
4,642
2,429
19
4,642
469
104,993
2,886,534
469
104,993
2,898,534
128,283
62,157
426,177
7,750
78,199
25,773
22,324
100,392
131,432
42,131
128,283
62,157
426,177
7,750
78,199
25,773
22,324
100,392
131,432
42,131
38,114
41,786
123,144
38,114
41,786
123,144
440,152
440,152
80,780
218,877
28,995
168,737
80,780
218,877
28,995
168,737
42,748
7,860
42,748
7,860
46,089
34,836
46,089
34,836
12,543
21,409
56,530
36,846
10,821
12,543
21,409
53,530
[–3,000]
36,846
10,821
4,084
16,799
16,219
18,600
102
4,084
16,799
16,219
18,600
102
1,084,611
1,334,611
G:\CMTE\AS\26\C\RCP.XML
1926
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
041
042
Modernization of organic industrial base .............................................................
CONVENTIONAL MUNITIONS DEMILITARIZATION .......................................
ARMS INITIATIVE ...................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..................
002
006
009
010
011
012
013
014
019
020
023
029
031
032
036
039
046
048
051
052
054
056
058
060
061
066
070
072
074
078
081
083
085
086
091
093
094
096
097
098
099
100
101
102
104
106
107
109
110
111
112
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
FAMILY OF SEMITRAILERS .................................................................................
GROUND MOBILITY VEHICLES (GMV) ..............................................................
JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ..............................
TRUCK, DUMP, 20T (CCE) .....................................................................................
Program increase .................................................................................................
FAMILY OF MEDIUM TACTICAL VEH (FMTV) .................................................
FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C ...........................
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...................................
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .........................................
TACTICAL WHEELED VEHICLE PROTECTION KITS .....................................
MODIFICATION OF IN SVC EQUIP ......................................................................
NON-TACTICAL VEHICLES
NONTACTICAL VEHICLES, OTHER ....................................................................
COMM—JOINT COMMUNICATIONS
TACTICAL NETWORK COMMUNICATION ..........................................................
Program decrease .................................................................................................
JCSE EQUIPMENT (USRDECOM) .........................................................................
COMM—SATELLITE COMMUNICATIONS
SATELLITE COMMUNICATIONS ..........................................................................
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .............................
ASSURED POSITIONING, NAVIGATION AND TIMING ....................................
Program decrease .................................................................................................
COMM—COMBAT COMMUNICATIONS
HANDHELD MANPACK SMALL FORM FIT (HMS) ...........................................
Program decrease .................................................................................................
ARMY LINK 16 SYSTEMS .......................................................................................
UNIFIED COMMAND SUITE ..................................................................................
COTS COMMUNICATIONS EQUIPMENT .............................................................
Airborne SATCOM systems .................................................................................
Program decrease .................................................................................................
ARMY COMMUNICATIONS & ELECTRONICS .....................................................
COMM—INTELLIGENCE COMM
CI AUTOMATION ARCHITECTURE-INTEL ........................................................
MULTI-DOMAIN INTELLIGENCE .........................................................................
Program decrease .................................................................................................
INFORMATION SECURITY
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ......................................
COMMUNICATIONS SECURITY (COMSEC) .........................................................
BIOMETRIC ENABLING CAPABILITY (BEC) .....................................................
COMM—BASE COMMUNICATIONS
INFORMATION SYSTEMS ......................................................................................
BASE EMERGENCY COMMUNICATION ..............................................................
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ..........................
ELECT EQUIP—TACT INT REL ACT (TIARA)
TITAN .........................................................................................................................
COLLECTION CAPABILITY ...................................................................................
DCGS-A-INTEL ..........................................................................................................
TROJAN ......................................................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) .................................................................
ELECT EQUIP—ELECTRONIC WARFARE (EW)
AIR VIGILANCE (AV) ...............................................................................................
FAMILY OF PERSISTENT SURVEILLANCE CAP. .............................................
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .......................
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
SENTINEL MODS .....................................................................................................
Program decrease .................................................................................................
NIGHT VISION DEVICES .......................................................................................
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ...................................
BASE EXPEDITIARY TARGETING AND SURV SYS .........................................
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ...................................
FAMILY OF WEAPON SIGHTS (FWS) ..................................................................
ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ........................
FORWARD LOOKING INFRARED (IFLIR) ..........................................................
JOINT BATTLE COMMAND—PLATFORM (JBC-P) ...........................................
Program decrease .................................................................................................
JOINT EFFECTS TARGETING SYSTEM (JETS) ................................................
COMPUTER BALLISTICS: LHMBC XM32 ............................................................
MORTAR FIRE CONTROL SYSTEM .....................................................................
MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ...................................
COUNTERFIRE RADARS ........................................................................................
ELECT EQUIP—TACTICAL C2 SYSTEMS
(1035098|1)
FY 2026
Request
155,050
3,885
3,734,235
132,793
308,620
45,840
17,000
Conference
Authorized
[250,000]
155,050
3,885
3,981,235
85,490
38,001
39,761
202,009
2,660
98,728
132,793
308,620
45,840
32,000
[15,000]
85,490
38,001
39,761
202,009
2,660
98,728
8,462
8,462
866,347
766,347
[–100,000]
5,389
5,389
114,770
65,591
212,469
114,770
65,591
192,469
[–20,000]
478,435
468,435
[–10,000]
133,836
20,010
204,402
[7,000]
[–10,000]
110,678
133,836
20,010
207,402
110,678
15,290
108,655
15,290
88,655
[–20,000]
826
125,970
65
826
125,970
65
209,378
50,177
439,373
209,378
50,177
439,373
236,314
2,935
1,087
37,968
20,598
236,314
2,935
1,087
37,968
20,598
9,731
15,382
8,283
9,731
15,382
8,283
462,010
452,010
[–10,000]
211,056
2,111
1,801
27,881
103,607
10,456
60,765
155,395
[–10,000]
48,715
6,325
3,657
3,262
40,526
211,056
2,111
1,801
27,881
103,607
10,456
60,765
165,395
48,715
6,325
3,657
3,262
40,526
G:\CMTE\AS\26\C\RCP.XML
1927
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
113
ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( .......................
Program decrease .................................................................................................
FIRE SUPPORT C2 FAMILY ..................................................................................
AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................
IAMD BATTLE COMMAND SYSTEM ....................................................................
Program decrease .................................................................................................
AIAMD FAMILY OF SYSTEMS (FOS) COMPONENTS .......................................
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ......................................................
NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................
MOD OF IN-SVC EQUIPMENT (ENFIRE) ............................................................
ELECT EQUIP—AUTOMATION
ARMY TRAINING MODERNIZATION ...................................................................
AUTOMATED DATA PROCESSING EQUIP .........................................................
HIGH PERF COMPUTING MOD PGM (HPCMP) .................................................
CONTRACT WRITING SYSTEM .............................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
CHEMICAL DEFENSIVE EQUIPMENT
BASE DEFENSE SYSTEMS (BDS) ........................................................................
CBRN DEFENSE ......................................................................................................
BRIDGING EQUIPMENT
TACTICAL BRIDGE, FLOAT-RIBBON ..................................................................
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
ROBOTICS AND APPLIQUE SYSTEMS ................................................................
RENDER SAFE SETS KITS OUTFITS .................................................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S ............................................................................................
GROUND SOLDIER SYSTEM .................................................................................
Program decrease .................................................................................................
MOBILE SOLDIER POWER ....................................................................................
FIELD FEEDING EQUIPMENT .............................................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................
PETROLEUM EQUIPMENT
DISTRIBUTION SYSTEMS, PETROLEUM & WATER ........................................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL ..............................................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................
CONSTRUCTION EQUIPMENT
CONSTRUCTION EQUIPMENT ..............................................................................
RAIL FLOAT CONTAINERIZATION EQUIPMENT
ARMY WATERCRAFT ESP .....................................................................................
MANEUVER SUPPORT VESSEL (MSV) ...............................................................
ITEMS LESS THAN $5.0M (FLOAT/RAIL) ...........................................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ..........................................................
MATERIAL HANDLING EQUIPMENT
FAMILY OF FORKLIFTS ........................................................................................
Type 1 Crane/Mobility .........................................................................................
TRAINING EQUIPMENT
COMBAT TRAINING CENTERS SUPPORT ..........................................................
TRAINING DEVICES, NONSYSTEM .....................................................................
SYNTHETIC TRAINING ENVIRONMENT (STE) ................................................
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .........................
TEST MEASURE AND DIG EQUIPMENT (TMD)
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ...................................
TEST EQUIPMENT MODERNIZATION (TEMOD) ..............................................
OTHER SUPPORT EQUIPMENT
PHYSICAL SECURITY SYSTEMS (OPA3) ............................................................
BASE LEVEL COMMON EQUIPMENT .................................................................
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ...........................................
BUILDING, PRE-FAB, RELOCATABLE ...............................................................
SPECIAL EQUIPMENT FOR TEST AND EVALUATION ...................................
OPA2
INITIAL SPARES—C&E ...........................................................................................
AGILE PORTFOLIO MANAGEMENT
COUNTER-SMALL UNMANNED AERIAL SYSTEM (C-SUAS) ..........................
ELECTRONIC WARFARE ........................................................................................
ELECTRONIC WARFARE AGILE ..........................................................................
SOLDIER BORNE SENSOR ....................................................................................
TOTAL OTHER PROCUREMENT, ARMY ........................................
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
F/A–18E/F (FIGHTER) HORNET ...........................................................................
JOINT STRIKE FIGHTER CV ................................................................................
JOINT STRIKE FIGHTER CV AP ..........................................................................
JSF STOVL ................................................................................................................
114
115
116
117
118
119
124
125
126
129
130
131A
138
139
142
150
151
153
156
157
159
160
164
165
166
169
179
180
181
182
184
185
186
187
189
191
193
195
196
197
198
200
205
207
208
209
210
002
004
005
006
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
FY 2026
Request
723,187
Conference
Authorized
31,016
5,175
244,403
16,595
708,187
[–15,000]
3,389
33,103
531,480
[–15,000]
31,016
5,175
244,403
16,595
8,262
93,804
74,708
468
8,262
93,804
74,708
468
1,546
1,546
143
69,739
143
69,739
69,863
69,863
509
14,184
509
14,184
14,288
178,850
15,729
4,500
61,224
14,288
171,850
[–7,000]
15,729
4,500
61,224
96,020
96,020
99,567
99,567
63,311
63,311
92,299
92,299
57,342
33,949
18,217
57,342
33,949
18,217
89,073
89,073
12,576
20,576
[8,000]
49,025
189,306
166,402
7,320
49,025
189,306
166,402
7,320
38,784
51,119
38,784
51,119
136,315
19,452
31,452
10,490
93,777
136,315
19,452
31,452
10,490
93,777
7,254
7,254
306,568
24,547
54,427
21,919
9,605,566
306,568
24,547
54,427
21,919
9,418,566
50,607
1,951,629
401,596
1,787,313
50,607
1,951,629
401,596
1,787,313
3,389
33,103
546,480
G:\CMTE\AS\26\C\RCP.XML
1928
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
007
008
JSF STOVL AP ..........................................................................................................
CH–53K (HEAVY LIFT) ...........................................................................................
USMC CH–53K ...................................................................................................
CH–53K (HEAVY LIFT) AP .....................................................................................
V–22 (MEDIUM LIFT) ..............................................................................................
H–1 UPGRADES (UH–1Y/AH–1Z) ..........................................................................
P–8A POSEIDON .......................................................................................................
E–2D ADV HAWKEYE .............................................................................................
Excess cost growth ...............................................................................................
OTHER AIRCRAFT
KC–130J ......................................................................................................................
MQ–4 TRITON ...........................................................................................................
MQ–25 .........................................................................................................................
MQ–25 AP ...................................................................................................................
MARINE GROUP 5 UAS ...........................................................................................
OTHER SUPPORT AIRCRAFT ...............................................................................
MODIFICATION OF AIRCRAFT
F–18 A-D UNIQUE ....................................................................................................
F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ............................
MARINE GROUP 5 UAS SERIES ...........................................................................
AEA SYSTEMS ..........................................................................................................
INFRARED SEARCH AND TRACK (IRST) ...........................................................
ADVERSARY ..............................................................................................................
F–18 SERIES .............................................................................................................
H–53 SERIES .............................................................................................................
MH–60 SERIES .........................................................................................................
H–1 SERIES ...............................................................................................................
E–2 SERIES ...............................................................................................................
TRAINER A/C SERIES .............................................................................................
C–130 SERIES ...........................................................................................................
FEWSG .......................................................................................................................
CARGO/TRANSPORT A/C SERIES .........................................................................
E–6 SERIES ...............................................................................................................
EXECUTIVE HELICOPTERS SERIES ..................................................................
T–45 SERIES .............................................................................................................
POWER PLANT CHANGES .....................................................................................
JPATS SERIES ..........................................................................................................
COMMON ECM EQUIPMENT .................................................................................
COMMON AVIONICS CHANGES ............................................................................
Program decrease .................................................................................................
COMMON DEFENSIVE WEAPON SYSTEM .........................................................
ID SYSTEMS ..............................................................................................................
P–8 SERIES ...............................................................................................................
MAGTF EW FOR AVIATION ...................................................................................
V–22 (TILT/ROTOR ACFT) OSPREY .....................................................................
NEXT GENERATION JAMMER (NGJ) ..................................................................
Program decrease .................................................................................................
F–35 STOVL SERIES ...............................................................................................
F–35 CV SERIES .......................................................................................................
QRC .............................................................................................................................
MQ–4 SERIES ............................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ...............................................................................
F–35B increase ....................................................................................................
F–35C increase ....................................................................................................
AIRCRAFT SUPPORT EQUIP & FACILITIES
COMMON GROUND EQUIPMENT .........................................................................
Program decrease .................................................................................................
AIRCRAFT INDUSTRIAL FACILITIES .................................................................
Program decrease .................................................................................................
WAR CONSUMABLES ..............................................................................................
OTHER PRODUCTION CHARGES .........................................................................
SPECIAL SUPPORT EQUIPMENT ........................................................................
Program decrease .................................................................................................
TOTAL AIRCRAFT PROCUREMENT, NAVY .................................
009
010
012
014
015
023
027
031
032
034
036
039
040
041
042
044
045
046
047
048
049
051
052
054
055
056
057
058
060
061
062
064
065
066
067
068
069
071
072
073
074
075
076
084
085
086
087
088
089
002
006
007
008
009
010
012
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
TRIDENT II MODS ...................................................................................................
STRATEGIC MISSILES
TOMAHAWK ..............................................................................................................
TACTICAL MISSILES
AMRAAM ....................................................................................................................
AMRAAM: maximize procurement ......................................................................
SIDEWINDER ............................................................................................................
JOINT ADVANCE TACTICAL MISSILE (JATM) .................................................
STANDARD MISSILE ...............................................................................................
SMALL DIAMETER BOMB II .................................................................................
(1035098|1)
FY 2026
Request
113,744
1,707,601
335,352
47,196
8,305
13,631
1,503,556
Conference
Authorized
113,744
1,842,601
[135,000]
335,352
47,196
8,305
13,631
1,203,556
[–300,000]
18,017
133,139
407,046
52,191
15,162
19,812
18,017
133,139
407,046
52,191
15,162
19,812
53,809
576,229
143,695
25,848
175,351
21,535
756,967
69,227
115,545
149,405
143,772
12,151
144,017
5
7,526
163,737
66,645
173,433
18,707
21,330
91,553
161,376
53,809
576,229
143,695
25,848
175,351
21,535
756,967
69,227
115,545
149,405
143,772
12,151
144,017
5
7,526
163,737
66,645
173,433
18,707
21,330
91,553
145,276
[–16,100]
8,926
3,011
320,130
22,356
319,145
429,493
[–10,000]
364,774
180,533
24,893
180,463
8,926
3,011
320,130
22,356
319,145
439,493
364,774
180,533
24,893
180,463
2,562,627
2,812,627
[125,000]
[125,000]
584,561
17,028,101
526,161
[–58,400]
101,313
[–11,200]
45,153
70,770
117,993
[–13,000]
17,004,401
2,582,029
2,582,029
12,593
12,593
69,913
148,913
[79,000]
84,713
301,858
187,420
86,255
112,513
45,153
70,770
130,993
84,713
301,858
187,420
86,255
G:\CMTE\AS\26\C\RCP.XML
1929
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
013
015
017
RAM .............................................................................................................................
JOINT AIR GROUND MISSILE (JAGM) ...............................................................
AERIAL TARGETS ...................................................................................................
Program decrease .................................................................................................
OTHER MISSILE SUPPORT ...................................................................................
LRASM ........................................................................................................................
LRASM supplier base Navy production to 160 per year ....................................
LRASM: procurement +20 AURs to 120 ...........................................................
NAVAL STRIKE MISSILE (NSM) ...........................................................................
NAVAL STRIKE MISSILE (NSM) AP ....................................................................
MODIFICATION OF MISSILES
TOMAHAWK MODS ..................................................................................................
ESSM ...........................................................................................................................
AARGM-ER .................................................................................................................
AARGM-ER AP ...........................................................................................................
STANDARD MISSILES MODS ................................................................................
SUPPORT EQUIPMENT & FACILITIES
WEAPONS INDUSTRIAL FACILITIES .................................................................
ORDNANCE SUPPORT EQUIPMENT
ORDNANCE SUPPORT EQUIPMENT ...................................................................
TORPEDOES AND RELATED EQUIP
SSTD ...........................................................................................................................
MK–48 TORPEDO .....................................................................................................
ASW TARGETS ..........................................................................................................
MOD OF TORPEDOES AND RELATED EQUIP
MK–54 TORPEDO MODS .........................................................................................
MK–48 TORPEDO ADCAP MODS ...........................................................................
SUPPORT EQUIPMENT
TORPEDO SUPPORT EQUIPMENT ......................................................................
ASW RANGE SUPPORT ...........................................................................................
DESTINATION TRANSPORTATION
FIRST DESTINATION TRANSPORTATION .........................................................
GUNS AND GUN MOUNTS
SMALL ARMS AND WEAPONS ..............................................................................
MODIFICATION OF GUNS AND GUN MOUNTS
CIWS MODS ...............................................................................................................
COAST GUARD WEAPONS .....................................................................................
GUN MOUNT MODS .................................................................................................
LCS MODULE WEAPONS .......................................................................................
AIRBORNE MINE NEUTRALIZATION SYSTEMS ..............................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ...............................................................................
TOTAL WEAPONS PROCUREMENT, NAVY ..................................
019
020
021
022
025
026
028
029
031
032
036
039
040
042
043
044
046
047
048
051
052
053
054
055
056
061
001
002
003
004
005
006
007
008
009
010
011
012
013
015
018
019
020
021
022
023
024
001
002
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
NAVY AMMUNITION
GENERAL PURPOSE BOMBS ................................................................................
Program decrease .................................................................................................
JDAM ..........................................................................................................................
AIRBORNE ROCKETS, ALL TYPES ......................................................................
MACHINE GUN AMMUNITION ..............................................................................
PRACTICE BOMBS ...................................................................................................
Program decrease .................................................................................................
CARTRIDGES & CART ACTUATED DEVICES ....................................................
AIR EXPENDABLE COUNTERMEASURES .........................................................
JATOS .........................................................................................................................
5 INCH/54 GUN AMMUNITION ..............................................................................
INTERMEDIATE CALIBER GUN AMMUNITION ...............................................
OTHER SHIP GUN AMMUNITION ........................................................................
SMALL ARMS & LANDING PARTY AMMO ..........................................................
PYROTECHNIC AND DEMOLITION .....................................................................
AMMUNITION LESS THAN $5 MILLION ............................................................
MARINE CORPS AMMUNITION
MORTARS ...................................................................................................................
DIRECT SUPPORT MUNITIONS ...........................................................................
INFANTRY WEAPONS AMMUNITION ..................................................................
COMBAT SUPPORT MUNITIONS ..........................................................................
AMMO MODERNIZATION .......................................................................................
ARTILLERY MUNITIONS .......................................................................................
ITEMS LESS THAN $5 MILLION ..........................................................................
TOTAL PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS.
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
COLUMBIA CLASS SUBMARINE ...........................................................................
COLUMBIA CLASS SUBMARINE AP ....................................................................
Program increase .................................................................................................
(1035098|1)
FY 2026
Request
122,372
74,152
182,704
Conference
Authorized
32,238
3,059
122,372
74,152
164,504
[–18,200]
3,490
401,217
[68,000]
[90,000]
32,238
3,059
6,283
503,381
261,041
24,284
32,127
6,283
503,381
261,041
24,284
32,127
127,222
127,222
37,059
37,059
4,789
7,081
38,386
4,789
7,081
38,386
1,692
31,479
1,692
31,479
161,218
4,328
161,218
4,328
5,346
5,346
9,987
9,987
8,122
44,455
83,969
2,200
14,413
8,122
44,455
83,969
2,200
14,413
202,425
5,597,300
202,425
5,816,100
30,915
74,535
98,437
6,373
24,864
40,175
43,763
49,493
9,644
1,723
27,815
[–3,100]
61,119
87,797
17,645
40,549
[–4,500]
74,535
98,437
6,373
24,864
40,175
43,763
49,493
9,644
1,723
141,135
26,729
180,867
12,936
18,467
147,473
15,891
1,135,030
141,135
26,729
180,867
12,936
18,467
147,473
15,891
1,127,430
3,928,828
5,065,766
3,928,828
5,765,766
[700,000]
3,490
243,217
61,119
87,797
17,645
45,049
G:\CMTE\AS\26\C\RCP.XML
1930
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
005
006
007
008
009
010
012
013
014
031
034
041
042
043
044
048
049
001
002
003
004
005
006
007
008
009
010
011
012
013
014
015
016
017
019
022
023
024
026
028
029
031
032
033
034
036
037
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
OTHER WARSHIPS
CARRIER REPLACEMENT PROGRAM .................................................................
CARRIER REPLACEMENT PROGRAM AP ...........................................................
CVN–81 .......................................................................................................................
VIRGINIA CLASS SUBMARINE .............................................................................
Virginia class submarine ......................................................................................
VIRGINIA CLASS SUBMARINE AP .......................................................................
Program increase .................................................................................................
CVN REFUELING OVERHAULS ............................................................................
DDG 1000 ...................................................................................................................
DDG–51 .......................................................................................................................
DDG–51 AP ................................................................................................................
DDG–51 Advance Procurement ...........................................................................
Large Surface Combatant Shipyard Infrastructure and Industrial Base ...........
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
TAO FLEET OILER ..................................................................................................
TAGOS SURTASS SHIPS .........................................................................................
OUTFITTING .............................................................................................................
Outfitting .............................................................................................................
SHIP TO SHORE CONNECTOR .............................................................................
Program increase—two additional SSCs .............................................................
SERVICE CRAFT ......................................................................................................
YRBM procurement .............................................................................................
AUXILIARY PERSONNEL LIGHTER ....................................................................
Auxiliary Personnel Lighter .................................................................................
AUXILIARY VESSELS (USED SEALIFT) .............................................................
Program decrease .................................................................................................
COMPLETION OF PY SHIPBUILDING PROGRAMS ..........................................
Completion of prior year shipbuilding—misaligned budget request ....................
TOTAL SHIPBUILDING AND CONVERSION, NAVY ..................
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
SURFACE POWER EQUIPMENT ...........................................................................
GENERATORS
SURFACE COMBATANT HM&E .............................................................................
NAVIGATION EQUIPMENT
OTHER NAVIGATION EQUIPMENT .....................................................................
OTHER SHIPBOARD EQUIPMENT
SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ....................................
DDG MOD ..................................................................................................................
FIREFIGHTING EQUIPMENT ...............................................................................
COMMAND AND CONTROL SWITCHBOARD ......................................................
LHA/LHD MIDLIFE .................................................................................................
Program decrease .................................................................................................
LCC 19/20 EXTENDED SERVICE LIFE PROGRAM ...........................................
POLLUTION CONTROL EQUIPMENT ..................................................................
SUBMARINE SUPPORT EQUIPMENT ..................................................................
VIRGINIA CLASS SUPPORT EQUIPMENT ..........................................................
LCS CLASS SUPPORT EQUIPMENT ....................................................................
SUBMARINE BATTERIES ......................................................................................
LPD CLASS SUPPORT EQUIPMENT ....................................................................
Program decrease .................................................................................................
DDG 1000 CLASS SUPPORT EQUIPMENT ..........................................................
STRATEGIC PLATFORM SUPPORT EQUIP ........................................................
DSSP EQUIPMENT ..................................................................................................
UNDERWATER EOD EQUIPMENT .......................................................................
ITEMS LESS THAN $5 MILLION ..........................................................................
Program decrease .................................................................................................
CHEMICAL WARFARE DETECTORS ...................................................................
REACTOR PLANT EQUIPMENT
SHIP MAINTENANCE, REPAIR AND MODERNIZATION .................................
REACTOR COMPONENTS .......................................................................................
Restore Full Funding for Reactor Plant Components ........................................
OCEAN ENGINEERING
DIVING AND SALVAGE EQUIPMENT ..................................................................
SMALL BOATS
STANDARD BOATS ..................................................................................................
40-foot Patrol Boat ..............................................................................................
Small Boats reconciliation adjustment ................................................................
PRODUCTION FACILITIES EQUIPMENT
OPERATING FORCES IPE ......................................................................................
OTHER SHIP SUPPORT
LCS COMMON MISSION MODULES EQUIPMENT .............................................
LCS MCM MISSION MODULES ..............................................................................
LCS SUW MISSION MODULES ..............................................................................
LCS IN-SERVICE MODERNIZATION ....................................................................
Program decrease .................................................................................................
(1035098|1)
FY 2026
Request
1,046,700
612,038
1,622,935
816,705
3,126,816
1,779,011
52,358
10,773
8,346
612,205
863,846
Conference
Authorized
1,046,700
612,038
1,622,935
2,735,000
[1,918,295]
3,742,724
[615,908]
1,779,011
52,358
10,773
900,000
[450,000]
[450,000]
20,840,224
8,346
612,205
886,846
[23,000]
320,000
[320,000]
174,602
[140,000]
78,000
[78,000]
21,000
[–24,000]
1,676,587
[462,292]
25,973,719
9,978
9,978
62,004
62,004
96,945
96,945
135,863
686,787
36,488
2,417
86,884
135,863
686,787
36,488
2,417
56,884
[–30,000]
19,276
22,477
383,062
52,039
2,551
28,169
76,042
[–25,000]
115,267
38,039
5,849
22,355
0
[–11,691]
2,607
34,602
45,000
1,214,295
19,276
22,477
383,062
52,039
2,551
28,169
101,042
115,267
38,039
5,849
22,355
11,691
2,607
2,392,620
399,603
2,392,620
474,603
[75,000]
7,842
7,842
51,546
77,266
[50,720]
[–25,000]
208,998
208,998
38,880
91,372
3,790
203,442
38,880
91,372
3,790
105,442
[–98,000]
G:\CMTE\AS\26\C\RCP.XML
1931
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
038
SMALL & MEDIUM UUV .........................................................................................
Torpedo Tube Launch and Recovery Capable Autonomous Undersea Vehicles
LOGISTIC SUPPORT
LSD MIDLIFE & MODERNIZATION .....................................................................
SHIP SONARS
AN/SQQ–89 SURF ASW COMBAT SYSTEM ..........................................................
SSN ACOUSTIC EQUIPMENT ................................................................................
ASW ELECTRONIC EQUIPMENT
SUBMARINE ACOUSTIC WARFARE SYSTEM ....................................................
SSTD ...........................................................................................................................
FIXED SURVEILLANCE SYSTEM ........................................................................
SURTASS ....................................................................................................................
ELECTRONIC WARFARE EQUIPMENT
AN/SLQ–32 .................................................................................................................
Program decrease .................................................................................................
RECONNAISSANCE EQUIPMENT
SHIPBOARD IW EXPLOIT ......................................................................................
Program decrease .................................................................................................
MARITIME BATTLESPACE AWARENESS ...........................................................
OTHER SHIP ELECTRONIC EQUIPMENT
COOPERATIVE ENGAGEMENT CAPABILITY ....................................................
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ..........................
ATDLS ........................................................................................................................
NAVY COMMAND AND CONTROL SYSTEM (NCCS) .........................................
MINESWEEPING SYSTEM REPLACEMENT .......................................................
NAVSTAR GPS RECEIVERS (SPACE) ...................................................................
AMERICAN FORCES RADIO AND TV SERVICE ................................................
AVIATION ELECTRONIC EQUIPMENT
ASHORE ATC EQUIPMENT ...................................................................................
Program decrease .................................................................................................
AFLOAT ATC EQUIPMENT ....................................................................................
ID SYSTEMS ..............................................................................................................
JOINT PRECISION APPROACH AND LANDING SYSTEM ( ............................
NAVAL MISSION PLANNING SYSTEMS ..............................................................
Program decrease .................................................................................................
OTHER SHORE ELECTRONIC EQUIPMENT
TACTICAL/MOBILE C4I SYSTEMS .......................................................................
INTELLIGENCE SURVEILLANCE AND RECONNAISSANCE (ISR) ...............
CANES ........................................................................................................................
RADIAC ......................................................................................................................
CANES-INTELL ........................................................................................................
GPETE ........................................................................................................................
MASF ..........................................................................................................................
INTEG COMBAT SYSTEM TEST FACILITY ........................................................
EMI CONTROL INSTRUMENTATION ..................................................................
IN-SERVICE RADARS AND SENSORS .................................................................
Program decrease .................................................................................................
SHIPBOARD COMMUNICATIONS
BATTLE FORCE TACTICAL NETWORK ..............................................................
SHIPBOARD TACTICAL COMMUNICATIONS .....................................................
SHIP COMMUNICATIONS AUTOMATION ...........................................................
Program decrease .................................................................................................
COMMUNICATIONS ITEMS UNDER $5M ............................................................
SUBMARINE COMMUNICATIONS
SUBMARINE BROADCAST SUPPORT ..................................................................
SUBMARINE COMMUNICATION EQUIPMENT ..................................................
Program decrease .................................................................................................
SATELLITE COMMUNICATIONS
SATELLITE COMMUNICATIONS SYSTEMS .......................................................
NAVY MULTIBAND TERMINAL (NMT) ...............................................................
MOBILE ADVANCED EHF TERMINAL (MAT) ...................................................
SHORE COMMUNICATIONS
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ...............................
CRYPTOGRAPHIC EQUIPMENT
INFO SYSTEMS SECURITY PROGRAM (ISSP) ...................................................
MIO INTEL EXPLOITATION TEAM .....................................................................
CRYPTOLOGIC EQUIPMENT
CRYPTOLOGIC COMMUNICATIONS EQUIP .......................................................
OTHER ELECTRONIC SUPPORT
COAST GUARD EQUIPMENT .................................................................................
SONOBUOYS
SONOBUOYS—ALL TYPES ....................................................................................
AIRCRAFT SUPPORT EQUIPMENT
MINOTAUR ................................................................................................................
WEAPONS RANGE SUPPORT EQUIPMENT .......................................................
AIRCRAFT SUPPORT EQUIPMENT .....................................................................
ADVANCED ARRESTING GEAR (AAG) ................................................................
ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS .......................
040
043
044
046
047
048
049
050
051
052
053
054
055
056
057
059
060
062
063
064
065
066
068
069
070
071
072
073
074
075
076
078
079
080
081
082
083
084
085
086
087
088
089
090
091
109
112
113
114
115
116
117
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
FY 2026
Request
Conference
Authorized
54,854
61,854
[7,000]
4,079
4,079
144,425
498,597
144,425
498,597
56,482
14,915
352,312
31,169
56,482
14,915
352,312
31,169
461,380
261,380
[–200,000]
379,908
13,008
359,908
[–20,000]
13,008
26,648
7,972
58,739
3,489
16,426
45,701
304
26,648
7,972
58,739
3,489
16,426
45,701
304
97,262
87,262
[–10,000]
72,104
52,171
5,105
40,058
[–20,000]
72,104
52,171
5,105
60,058
64,901
12,112
534,324
31,289
46,281
33,395
13,205
11,493
3,687
249,656
64,901
12,112
534,324
31,289
46,281
33,395
13,205
11,493
3,687
229,656
[–20,000]
106,583
20,900
162,075
106,583
20,900
102,075
[–60,000]
11,138
11,138
113,115
84,584
113,115
64,584
[–20,000]
62,943
63,433
220,453
62,943
63,433
220,453
3,389
3,389
191,239
1,122
191,239
1,122
7,841
7,841
61,512
61,512
249,908
249,908
5,191
123,435
91,284
4,484
16,294
5,191
123,435
91,284
4,484
16,294
G:\CMTE\AS\26\C\RCP.XML
1932
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
118
119
121
122
METEOROLOGICAL EQUIPMENT ........................................................................
AIRBORNE MCM .......................................................................................................
AVIATION SUPPORT EQUIPMENT ......................................................................
UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ...........................
SHIP GUN SYSTEM EQUIPMENT
SHIP GUN SYSTEMS EQUIPMENT ......................................................................
SHIP MISSILE SYSTEMS EQUIPMENT
HARPOON SUPPORT EQUIPMENT ......................................................................
SHIP MISSILE SUPPORT EQUIPMENT ..............................................................
Program decrease .................................................................................................
TOMAHAWK SUPPORT EQUIPMENT ..................................................................
FBM SUPPORT EQUIPMENT
CPS SUPPORT EQUIPMENT ..................................................................................
STRATEGIC MISSILE SYSTEMS EQUIP .............................................................
ASW SUPPORT EQUIPMENT
SSN COMBAT CONTROL SYSTEMS .....................................................................
ASW SUPPORT EQUIPMENT .................................................................................
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ......................................................
DIRECTED ENERGY SYSTEMS ............................................................................
ITEMS LESS THAN $5 MILLION ..........................................................................
OTHER EXPENDABLE ORDNANCE
ANTI-SHIP MISSILE DECOY SYSTEM .................................................................
SUBMARINE TRAINING DEVICE MODS .............................................................
SURFACE TRAINING EQUIPMENT ......................................................................
CIVIL ENGINEERING SUPPORT EQUIPMENT
PASSENGER CARRYING VEHICLES ....................................................................
GENERAL PURPOSE TRUCKS ..............................................................................
CONSTRUCTION & MAINTENANCE EQUIP .......................................................
Program decrease .................................................................................................
FIRE FIGHTING EQUIPMENT ..............................................................................
TACTICAL VEHICLES .............................................................................................
AMPHIBIOUS EQUIPMENT ...................................................................................
Program decrease .................................................................................................
POLLUTION CONTROL EQUIPMENT ..................................................................
ITEMS LESS THAN $5 MILLION ..........................................................................
PHYSICAL SECURITY VEHICLES ........................................................................
SUPPLY SUPPORT EQUIPMENT
SUPPLY EQUIPMENT .............................................................................................
FIRST DESTINATION TRANSPORTATION .........................................................
SPECIAL PURPOSE SUPPLY SYSTEMS ..............................................................
TRAINING DEVICES
TRAINING SUPPORT EQUIPMENT ......................................................................
TRAINING AND EDUCATION EQUIPMENT .......................................................
COMMAND SUPPORT EQUIPMENT
COMMAND SUPPORT EQUIPMENT .....................................................................
MEDICAL SUPPORT EQUIPMENT .......................................................................
NAVAL MIP SUPPORT EQUIPMENT ...................................................................
OPERATING FORCES SUPPORT EQUIPMENT ..................................................
C4ISR EQUIPMENT .................................................................................................
ENVIRONMENTAL SUPPORT EQUIPMENT .......................................................
PHYSICAL SECURITY EQUIPMENT ....................................................................
ENTERPRISE INFORMATION TECHNOLOGY ...................................................
OTHER
NEXT GENERATION ENTERPRISE SERVICE ...................................................
CYBERSPACE ACTIVITIES ....................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ...............................................................................
Excess growth ......................................................................................................
TOTAL OTHER PROCUREMENT, NAVY ........................................
125
126
127
128
129
130
131
132
133
134
135
136
137
138
141
142
143
144
145
146
147
148
149
151
152
153
155
156
157
158
160
161
162
163
164
165
170
171
171A
176
001
002
003
004
005
006
011
012
013
014
015
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
AAV7A1 PIP ...............................................................................................................
AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ............................
LAV PIP ......................................................................................................................
ARTILLERY AND OTHER WEAPONS
155MM LIGHTWEIGHT TOWED HOWITZER .....................................................
ARTILLERY WEAPONS SYSTEM ..........................................................................
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ...........................
GUIDED MISSILES
NAVAL STRIKE MISSILE (NSM) ...........................................................................
NAVAL STRIKE MISSILE (NSM) AP ....................................................................
GROUND BASED AIR DEFENSE ..........................................................................
ANTI-ARMOR MISSILE-JAVELIN .........................................................................
FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ...................................
(1035098|1)
FY 2026
Request
Conference
Authorized
13,806
9,643
111,334
189,553
13,806
9,643
111,334
189,553
7,358
7,358
209
455,822
107,709
209
380,822
[–75,000]
107,709
67,264
491,179
67,264
491,179
102,954
25,721
102,954
25,721
24,822
2,976
3,635
24,822
2,976
3,635
19,129
77,889
186,085
19,129
77,889
186,085
3,825
5,489
102,592
4,009
127,086
1,297
3,825
5,489
92,592
[–10,000]
27,675
37,262
13,073
[–25,000]
4,009
127,086
1,297
38,838
6,203
643,618
38,838
6,203
643,618
3,480
75,048
3,480
75,048
34,249
12,256
8,810
16,567
36,945
42,860
166,577
42,363
34,249
12,256
8,810
16,567
36,945
42,860
166,577
42,363
185,755
5,446
185,755
5,446
41,991
41,991
585,865
14,569,524
428,324
[–157,541]
13,895,012
21
790,789
764
21
790,789
764
3
221,897
13,401
3
221,897
13,401
143,711
20,930
620,220
32,576
107
143,711
20,930
620,220
32,576
107
27,675
37,262
38,073
G:\CMTE\AS\26\C\RCP.XML
1933
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
016
017
ANTI-ARMOR MISSILE-TOW ..................................................................................
GUIDED MLRS ROCKET (GMLRS) .......................................................................
COMMAND AND CONTROL SYSTEMS
COMMON AVIATION COMMAND AND CONTROL SYSTEM (C .......................
REPAIR AND TEST EQUIPMENT
REPAIR AND TEST EQUIPMENT .........................................................................
OTHER SUPPORT (TEL)
MODIFICATION KITS ..............................................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL)
ITEMS UNDER $5 MILLION (COMM & ELEC) ...................................................
Program decrease .................................................................................................
AIR OPERATIONS C2 SYSTEMS ...........................................................................
RADAR + EQUIPMENT (NON-TEL)
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...........................................
INTELL/COMM EQUIPMENT (NON-TEL)
ELECTRO MAGNETIC SPECTRUM OPERATIONS (EMSO) .............................
GCSS-MC .....................................................................................................................
FIRE SUPPORT SYSTEM ........................................................................................
Program decrease .................................................................................................
INTELLIGENCE SUPPORT EQUIPMENT ...........................................................
UNMANNED AIR SYSTEMS (INTEL) ...................................................................
Program increase .................................................................................................
DCGS-MC ....................................................................................................................
UAS PAYLOADS ........................................................................................................
OTHER SUPPORT (NON-TEL)
MARINE CORPS ENTERPRISE NETWORK (MCEN) .........................................
COMMON COMPUTER RESOURCES ....................................................................
COMMAND POST SYSTEMS ...................................................................................
RADIO SYSTEMS ......................................................................................................
Program decrease .................................................................................................
COMM SWITCHING & CONTROL SYSTEMS .......................................................
Program decrease .................................................................................................
COMM & ELEC INFRASTRUCTURE SUPPORT ..................................................
CYBERSPACE ACTIVITIES ....................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
ADMINISTRATIVE VEHICLES
COMMERCIAL CARGO VEHICLES ........................................................................
TACTICAL VEHICLES
MOTOR TRANSPORT MODIFICATIONS ..............................................................
JOINT LIGHT TACTICAL VEHICLE ....................................................................
USMC JLTV procurement ..................................................................................
ENGINEER AND OTHER EQUIPMENT
TACTICAL FUEL SYSTEMS ...................................................................................
POWER EQUIPMENT ASSORTED ........................................................................
AMPHIBIOUS SUPPORT EQUIPMENT ................................................................
EOD SYSTEMS ..........................................................................................................
MATERIALS HANDLING EQUIPMENT
PHYSICAL SECURITY EQUIPMENT ....................................................................
GENERAL PROPERTY
FIELD MEDICAL EQUIPMENT .............................................................................
TRAINING DEVICES ................................................................................................
FAMILY OF CONSTRUCTION EQUIPMENT .......................................................
ULTRA-LIGHT TACTICAL VEHICLE (ULTV) .....................................................
OTHER SUPPORT
ITEMS LESS THAN $5 MILLION ..........................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ...............................................................................
TOTAL PROCUREMENT, MARINE CORPS ...................................
021
022
023
024
025
027
029
030
031
032
034
035
036
040
041
042
043
044
045
046
048A
051
052
053
058
059
060
061
062
063
064
065
066
067
070
001
002
003
004
009
012
013
017
019
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
AIRCRAFT PROCUREMENT, AIR FORCE
STRATEGIC OFFENSIVE
B–21 RAIDER ............................................................................................................
B–21 RAIDER AP ......................................................................................................
TACTICAL FORCES
F–35 ............................................................................................................................
F–35 AP ......................................................................................................................
JOINT SIMULATION ENVIRONMENT .................................................................
TACTICAL AIRLIFT
KC–46A MDAP ...........................................................................................................
Program delay ......................................................................................................
OTHER AIRLIFT
C–130J ........................................................................................................................
LC–130 ................................................................................................................
UPT TRAINERS
ADVANCED PILOT TRAINING T–7A ....................................................................
HELICOPTERS
MH–139A ....................................................................................................................
(1035098|1)
FY 2026
Request
Conference
Authorized
2,173
61,490
2,173
61,490
68,589
68,589
61,264
61,264
1,108
1,108
202,679
15,784
192,679
[–10,000]
15,784
79,542
79,542
35,396
3,303
116,304
35,396
3,303
100,304
[–16,000]
67,690
31,991
[17,000]
42,946
12,232
67,690
14,991
42,946
12,232
205,710
21,064
50,549
209,444
16,163
14,541
205,710
21,064
50,549
201,444
[–8,000]
95,712
[–5,000]
16,163
14,541
2,145
2,145
24,699
24,699
16,472
81,893
16,472
168,526
[86,633]
33,611
24,558
9,049
21,069
33,611
24,558
9,049
21,069
52,394
52,394
58,768
63,133
33,644
7,836
58,768
63,133
33,644
7,836
35,920
35,920
40,828
3,754,112
40,828
3,818,745
2,590,116
862,000
2,590,116
862,000
3,555,503
531,241
17,985
3,555,503
531,241
17,985
2,799,633
2,499,633
[–300,000]
100,712
200,000
[200,000]
362,083
362,083
4,478
4,478
G:\CMTE\AS\26\C\RCP.XML
1934
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
020
COMBAT RESCUE HELICOPTER .........................................................................
MISSION SUPPORT AIRCRAFT
C–40 FLEET EXPANSION ......................................................................................
One additional aircraft .........................................................................................
CIVIL AIR PATROL A/C ..........................................................................................
Aircraft procurement increase .............................................................................
OTHER AIRCRAFT
TARGET DRONES ....................................................................................................
RQ–20B PUMA ...........................................................................................................
STRATEGIC AIRCRAFT
B–2A ............................................................................................................................
B–1B ............................................................................................................................
B–52 ............................................................................................................................
LARGE AIRCRAFT INFRARED COUNTERMEASURES ....................................
TACTICAL AIRCRAFT
COLLABORATIVE COMBAT AIRCRAFT MODS ..................................................
E–11 BACN/HAG .......................................................................................................
F–15 ............................................................................................................................
F–16 MODIFICATIONS ............................................................................................
F–22A ..........................................................................................................................
F–35 MODIFICATIONS ............................................................................................
F–15 EPAW ................................................................................................................
KC–46A MDAP ...........................................................................................................
AIRLIFT AIRCRAFT
C–5 ...............................................................................................................................
C–17A ..........................................................................................................................
OSA-EA MODIFICATIONS .......................................................................................
TRAINER AIRCRAFT
GLIDER MODS ..........................................................................................................
T–6 ...............................................................................................................................
T–1 ...............................................................................................................................
T–38 .............................................................................................................................
OTHER AIRCRAFT
C–130 ...........................................................................................................................
C–135 ...........................................................................................................................
COMPASS CALL ........................................................................................................
Program increase .................................................................................................
CVR (CONNON ULF RECEIVER) INC 2 ...............................................................
RC–135 ........................................................................................................................
E–3 ..............................................................................................................................
E–4 ..............................................................................................................................
H–1 ..............................................................................................................................
MH–139A MOD ..........................................................................................................
H–60 ............................................................................................................................
HH60W MODIFICATIONS .......................................................................................
HC/MC–130 MODIFICATIONS ................................................................................
OTHER AIRCRAFT ...................................................................................................
Program decrease .................................................................................................
MQ–9 MODS ...............................................................................................................
SENIOR LEADER C3 SYSTEM—AIRCRAFT .......................................................
CV–22 MODS ..............................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS .........................................................................
F–35A increase ....................................................................................................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ..................................................
POST PRODUCTION SUPPORT
B–2B ............................................................................................................................
B–52 ............................................................................................................................
C–17A ..........................................................................................................................
F–15 ............................................................................................................................
F–16 POST PRODUCTION SUPPORT ...................................................................
HC/MC–130 POST PROD ..........................................................................................
JOINT SIMULATION ENVIRONMENT POST PRODUCTION SUPPORT ........
INDUSTRIAL PREPAREDNESS
INDUSTRIAL RESPONSIVENESS .........................................................................
WAR CONSUMABLES
WAR CONSUMABLES ..............................................................................................
OTHER PRODUCTION CHARGES
OTHER PRODUCTION CHARGES .........................................................................
Program decrease .................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
MISSILE REPLACEMENT EQ-BALLISTIC ..........................................................
023
024
026
034
036
037
038
039
041
042
043
045
046
047
048
050
051
052
056
057
058
059
060
068
070
071
073
074
075
076
080
081
082
083
085
086
088
090
091
094
099
103
104
106
111
114
116
117
122
123
124
134A
001
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
FY 2026
Request
107,500
3,131
Conference
Authorized
107,500
250,000
[250,000]
17,800
[14,669]
34,224
11,437
34,224
11,437
76,906
73,893
223,827
35,165
76,906
73,893
223,827
35,165
15,048
28,797
120,044
448,116
977,526
380,337
252,607
19,344
15,048
28,797
120,044
448,116
977,526
380,337
252,607
19,344
34,939
9,853
87,515
34,939
9,853
87,515
159
247,814
137
85,381
159
247,814
137
85,381
144,041
124,368
144,041
124,368
60,000
[60,000]
79,859
231,001
17,291
45,232
17,899
4,992
1,749
9,150
365,086
237,502
[–26,400]
100,923
24,414
78,713
79,859
231,001
17,291
45,232
17,899
4,992
1,749
9,150
365,086
263,902
100,923
24,414
78,713
973,535
1,223,535
[250,000]
156,776
156,776
18,969
111
2,672
5,112
18,402
17,986
28,524
18,969
111
2,672
5,112
18,402
17,986
28,524
19,998
19,998
26,323
26,323
940,190
846,190
[–94,000]
16,006
17,729,963
16,006
18,084,232
35,116
35,116
G:\CMTE\AS\26\C\RCP.XML
1935
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
002
MISSILE REPLACEMENT EQ-BALLISTIC AP ....................................................
STRATEGIC
LONG RANGE STAND-OFF WEAPON ..................................................................
LONG RANGE STAND-OFF WEAPON AP ............................................................
TACTICAL
REPLAC EQUIP & WAR CONSUMABLES ............................................................
ADVANCED PRECISION KILL WEAPON SYSTEM (APKWS) MISSILE .........
AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON ..............................
JSM procurement total 112x—misaligned budget request .................................
JOINT AIR-SURFACE STANDOFF MISSILE .......................................................
Joint Air to Surface Stand-Off Missile (JASSM) (USAF) .................................
JOINT ADVANCED TACTICAL MISSILE .............................................................
LRASM0 ......................................................................................................................
SIDEWINDER (AIM–9X) ..........................................................................................
AMRAAM ....................................................................................................................
SMALL DIAMETER BOMB .....................................................................................
SMALL DIAMETER BOMB II .................................................................................
STAND-IN ATTACK WEAPON (SIAW) ..................................................................
INDUSTRIAL FACILITIES
INDUSTRIAL PREPAREDNESS/POL PREVENTION .........................................
CLASS IV
ICBM FUZE MOD .....................................................................................................
MM III MODIFICATIONS ........................................................................................
AIR LAUNCH CRUISE MISSILE (ALCM) .............................................................
MISSILE SPARES AND REPAIR PARTS
MSL SPRS/REPAIR PARTS (INITIAL) ..................................................................
MSL SPRS/REPAIR PARTS (REPLEN) .................................................................
SPECIAL PROGRAMS
SPECIAL UPDATE PROGRAMS .............................................................................
Program decrease .................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE .........................
005
006
007
008
009
011
013
015
017
018
021
022
023
024
025
027
029
030
031
033
033A
003
005
006
007
009
010
011
012
014
015
017
018
019
002
004
006
007
010
011
012
013
017
018
020
021
022
024
026
027
029
030
031
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
FY 2026
Request
Conference
Authorized
2,166
2,166
192,409
250,300
192,409
250,300
12,436
13,428
387,055
368,593
294,401
100,352
365,125
41,510
307,743
185,324
12,436
13,428
615,055
[228,000]
489,081
[161,000]
368,593
294,401
100,352
365,125
41,510
307,743
185,324
917
917
119,376
14,604
41,393
119,376
14,604
41,393
5,824
108,249
5,824
108,249
221,199
199,099
[–22,100]
828,275
4,223,876
828,275
4,590,776
126,077
126,077
189,097
6,813
126,389
7,668
170,197
[–18,900]
6,813
126,389
7,668
58,454
7,297
636
2,955
5,571
58,454
7,297
636
2,955
5,571
101,540
101,540
328,081
PROCUREMENT OF AMMUNITION, AIR FORCE
CARTRIDGES
CARTRIDGES ............................................................................................................
BOMBS
GENERAL PURPOSE BOMBS ................................................................................
Program decrease .................................................................................................
MASSIVE ORDNANCE PENETRATOR (MOP) .....................................................
JOINT DIRECT ATTACK MUNITION ...................................................................
B61–12 TRAINER ......................................................................................................
OTHER ITEMS
CAD/PAD ....................................................................................................................
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .......................................................
SPARES AND REPAIR PARTS ...............................................................................
FIRST DESTINATION TRANSPORTATION .........................................................
ITEMS LESS THAN $5,000,000 ..............................................................................
FLARES
EXPENDABLE COUNTERMEASURES .................................................................
FUZES
FUZES ........................................................................................................................
SMALL ARMS
SMALL ARMS ............................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE .......
125,721
125,721
26,260
784,478
26,260
765,578
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
AF SATELLITE COMM SYSTEM ...........................................................................
COUNTERSPACE SYSTEMS ...................................................................................
EVOLVED STRATEGIC SATCOM (ESS) AP .........................................................
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .......................................
GENERAL INFORMATION TECH—SPACE .........................................................
GPSIII FOLLOW ON ................................................................................................
GPS III SPACE SEGMENT ......................................................................................
GLOBAL POSTIONING (SPACE) ...........................................................................
SPACEBORNE EQUIP (COMSEC) ..........................................................................
MILSATCOM ..............................................................................................................
SPECIAL SPACE ACTIVITIES ................................................................................
MOBILE USER OBJECTIVE SYSTEM ..................................................................
NATIONAL SECURITY SPACE LAUNCH .............................................................
PTES HUB .................................................................................................................
SPACE DEVELOPMENT AGENCY LAUNCH .......................................................
SPACE DIGITAL INTEGRATED NETWORK (SDIN) ..........................................
SPACE MODS ............................................................................................................
SPACELIFT RANGE SYSTEM SPACE ..................................................................
WIDEBAND SATCOM OPERATIONAL MANAGEMENT SYSTEMS .................
68,238
2,027
64,996
15,404
1,835
109,944
29,274
870
84,044
36,447
482,653
48,977
1,466,963
29,949
648,446
4,984
115,498
64,321
92,380
68,238
2,027
64,996
15,404
1,835
109,944
29,274
870
84,044
36,447
482,653
48,977
1,466,963
29,949
648,446
4,984
115,498
64,321
92,380
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1936
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
032
033
035
002
003
004
005
006
007
008
009
010
011
012
015
017
018
019
020
021
022
023
024
025
026
027
028
031
032
034
036
037
038
039
040
041
044
046
047
050
051
052
053
054
055
056
059
061
062
063
064
065
066
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
SPARES
SPARES AND REPAIR PARTS ...............................................................................
NON-TACTICAL VEHICLES
USSF VEHICLES ......................................................................................................
SUPPORT EQUIPMENT
POWER CONDITIONING EQUIPMENT ................................................................
TOTAL PROCUREMENT, SPACE FORCE ......................................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
PASSENGER CARRYING VEHICLES ....................................................................
CARGO AND UTILITY VEHICLES
MEDIUM TACTICAL VEHICLE .............................................................................
CAP VEHICLES .........................................................................................................
CARGO AND UTILITY VEHICLES ........................................................................
SPECIAL PURPOSE VEHICLES
JOINT LIGHT TACTICAL VEHICLE ....................................................................
SECURITY AND TACTICAL VEHICLES ...............................................................
SPECIAL PURPOSE VEHICLES ............................................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ...................................................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ...................................................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV AND CLEANING EQU ................................................
BASE MAINTENANCE SUPPORT VEHICLES ....................................................
COMM SECURITY EQUIPMENT(COMSEC)
COMSEC EQUIPMENT ............................................................................................
Program decrease .................................................................................................
INTELLIGENCE PROGRAMS
INTERNATIONAL INTEL TECH & ARCHITECTURES .....................................
INTELLIGENCE TRAINING EQUIPMENT ..........................................................
INTELLIGENCE COMM EQUIPMENT ..................................................................
ELECTRONICS PROGRAMS
AIR TRAFFIC CONTROL & LANDING SYS .........................................................
NATIONAL AIRSPACE SYSTEM ............................................................................
BATTLE CONTROL SYSTEM—FIXED .................................................................
THEATER AIR CONTROL SYS IMPROVEMEN ..................................................
3D EXPEDITIONARY LONG-RANGE RADAR .....................................................
WEATHER OBSERVATION FORECAST ...............................................................
STRATEGIC COMMAND AND CONTROL .............................................................
CHEYENNE MOUNTAIN COMPLEX .....................................................................
MISSION PLANNING SYSTEMS ............................................................................
STRATEGIC MISSION PLANNING & EXECUTION SYSTEM ...........................
SPCL COMM-ELECTRONICS PROJECTS
GENERAL INFORMATION TECHNOLOGY .........................................................
AF GLOBAL COMMAND & CONTROL SYS ..........................................................
MOBILITY COMMAND AND CONTROL ...............................................................
AIR FORCE PHYSICAL SECURITY SYSTEM ......................................................
COMBAT TRAINING RANGES ...............................................................................
MINIMUM ESSENTIAL EMERGENCY COMM N .................................................
WIDE AREA SURVEILLANCE (WAS) ...................................................................
C3 COUNTERMEASURES .......................................................................................
Program decrease .................................................................................................
DEFENSE ENTERPRISE ACCOUNTING & MGT SYS .......................................
THEATER BATTLE MGT C2 SYSTEM .................................................................
AIR & SPACE OPERATIONS CENTER (AOC) ......................................................
Program decrease .................................................................................................
AIR FORCE COMMUNICATIONS
BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ..............................
AFNET ........................................................................................................................
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ...............................
USCENTCOM .............................................................................................................
USSTRATCOM ...........................................................................................................
USSPACECOM ...........................................................................................................
ORGANIZATION AND BASE
TACTICAL C-E EQUIPMENT .................................................................................
RADIO EQUIPMENT ................................................................................................
BASE COMM INFRASTRUCTURE .........................................................................
MODIFICATIONS
COMM ELECT MODS ...............................................................................................
PERSONAL SAFETY & RESCUE EQUIP
PERSONAL SAFETY AND RESCUE EQUIPMENT ............................................
DEPOT PLANT+MTRLS HANDLING EQ
POWER CONDITIONING EQUIPMENT ................................................................
MECHANIZED MATERIAL HANDLING EQUIP .................................................
BASE SUPPORT EQUIPMENT
BASE PROCURED EQUIPMENT ...........................................................................
(1035098|1)
FY 2026
Request
Conference
Authorized
938
938
5,000
5,000
20,449
3,393,637
20,449
3,393,637
5,557
5,557
3,938
1,175
56,940
3,938
1,175
56,940
62,202
129
68,242
62,202
129
68,242
58,416
58,416
18,552
18,552
11,045
25,291
11,045
25,291
169,363
159,363
[–10,000]
5,833
5,273
42,257
5,833
5,273
42,257
26,390
11,810
16,592
27,650
103,226
31,516
82,912
22,021
18,722
6,383
26,390
11,810
16,592
27,650
103,226
31,516
82,912
22,021
18,722
6,383
172,085
1,947
11,648
294,747
231,987
94,995
29,617
116,410
172,085
1,947
11,648
294,747
231,987
94,995
29,617
104,810
[–11,600]
698
442
20,485
[–2,300]
698
442
22,785
79,091
282,907
5,930
14,919
4,788
32,633
79,091
282,907
5,930
14,919
4,788
32,633
143,829
50,730
67,015
143,829
50,730
67,015
76,034
76,034
81,782
81,782
13,711
21,143
13,711
21,143
90,654
90,654
G:\CMTE\AS\26\C\RCP.XML
1937
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
Item
067
ENGINEERING AND EOD EQUIPMENT .............................................................
Program decrease .................................................................................................
Regional Base Cluster Prepositioning (RBCP) ...................................................
MOBILITY EQUIPMENT .........................................................................................
FUELS SUPPORT EQUIPMENT (FSE) ................................................................
BASE MAINTENANCE AND SUPPORT EQUIPMENT .......................................
SPECIAL SUPPORT PROJECTS
DARP RC135 ..............................................................................................................
DCGS-AF ....................................................................................................................
SPECIAL UPDATE PROGRAM ...............................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS .......................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS (CYBER) ..............................................................
SPARES AND REPAIR PARTS ...............................................................................
TOTAL OTHER PROCUREMENT, AIR FORCE ............................
068
069
070
072
073
077
077A
080
081
004
005
015
016
017
019
020
021
022
023
024
025
037
038
042
044
046
048
049
050
051
052
056
058
059
062
063
065
070
071
074A
091
095
096
097
098
099
100
101
102
103
106
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, WHS
MAJOR EQUIPMENT, DPAA ..................................................................................
MAJOR EQUIPMENT, OSD .....................................................................................
MAJOR EQUIPMENT, WHS
MAJOR EQUIPMENT, WHS ....................................................................................
MAJOR EQUIPMENT, DISA
INFORMATION SYSTEMS SECURITY ..................................................................
TELEPORT PROGRAM ............................................................................................
ITEMS LESS THAN $5 MILLION ..........................................................................
DEFENSE INFORMATION SYSTEM NETWORK ................................................
WHITE HOUSE COMMUNICATION AGENCY .....................................................
SENIOR LEADERSHIP ENTERPRISE .................................................................
JOINT REGIONAL SECURITY STACKS (JRSS) ..................................................
JOINT SERVICE PROVIDER ..................................................................................
FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ...................................
MAJOR EQUIPMENT, DLA
MAJOR EQUIPMENT ...............................................................................................
MAJOR EQUIPMENT, DCSA
MAJOR EQUIPMENT ...............................................................................................
MAJOR EQUIPMENT, TJS
MAJOR EQUIPMENT, TJS ......................................................................................
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
THAAD .......................................................................................................................
Program increase: THAAD additional quantities ...............................................
AEGIS BMD ...............................................................................................................
Maximize SM–3 IB production line .....................................................................
BMDS AN/TPY–2 RADARS ......................................................................................
SM–3 IIAS ...................................................................................................................
ARROW 3 UPPER TIER SYSTEMS ........................................................................
SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ............................
DEFENSE OF GUAM PROCUREMENT ................................................................
IRON DOME ...............................................................................................................
AEGIS BMD HARDWARE AND SOFTWARE .......................................................
MAJOR EQUIPMENT, DHRA
PERSONNEL ADMINISTRATION ..........................................................................
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
VEHICLES .................................................................................................................
OTHER MAJOR EQUIPMENT ................................................................................
DTRA CYBER ACTIVITIES .....................................................................................
MAJOR EQUIPMENT, DMACT
MAJOR EQUIPMENT ...............................................................................................
MAJOR EQUIPMENT, USCYBERCOM
CYBERSPACE OPERATIONS .................................................................................
CLASSIFIED PROGRAMS
UNDISTRIBUTED
CLASSIFIED PROGRAMS .......................................................................................
AVIATION PROGRAMS
ARMED OVERWATCH/TARGETING .....................................................................
ROTARY WING UPGRADES AND SUSTAINMENT ............................................
UNMANNED ISR ......................................................................................................
NON-STANDARD AVIATION ..................................................................................
U–28 ............................................................................................................................
MH–47 CHINOOK .....................................................................................................
CV–22 MODIFICATION ............................................................................................
MQ–9 UNMANNED AERIAL VEHICLE .................................................................
PRECISION STRIKE PACKAGE .............................................................................
AC/MC–130J ...............................................................................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M ......................................................................................
OTHER PROCUREMENT PROGRAMS
(1035098|1)
FY 2026
Request
253,799
Conference
Authorized
95,584
34,794
59,431
320,199
[–10,000]
[76,400]
95,584
34,794
59,431
30,136
87,044
1,178,397
30,136
87,044
1,178,397
26,920,092
26,920,092
1,075
20,330
31,504,644
1,075
20,330
31,547,144
475
164,900
475
164,900
403
403
6,254
112,517
23,673
252,370
125,292
175,264
1,496
54,186
75,386
6,254
112,517
23,673
252,370
125,292
175,264
1,496
54,186
75,386
79,251
79,251
2,230
2,230
33,090
33,090
523,125
36,530
444,835
100,000
40,000
11,351
60,000
17,211
1,237,689
[714,564]
400,000
[400,000]
36,530
444,835
100,000
40,000
11,351
60,000
17,211
3,797
3,797
911
12,023
1,800
911
12,023
1,800
7,258
7,258
73,358
73,358
1,129,183
1,129,183
156,606
189,059
6,858
7,849
2,031
156,934
19,692
12,890
61,595
236,312
156,606
189,059
6,858
7,849
2,031
156,934
19,692
12,890
61,595
236,312
116,972
116,972
G:\CMTE\AS\26\C\RCP.XML
1938
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
FY 2026
Request
Conference
Authorized
Line
Item
107
108
109
110
INTELLIGENCE SYSTEMS ....................................................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...............................
OTHER ITEMS <$5M ..............................................................................................
COMBATANT CRAFT SYSTEMS ............................................................................
Combatant Craft Assault .....................................................................................
SPECIAL PROGRAMS ..............................................................................................
TACTICAL VEHICLES .............................................................................................
WARRIOR SYSTEMS <$5M ....................................................................................
Satellite Deployable Node, Communications on the Move ...................................
COMBAT MISSION REQUIREMENTS ...................................................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE ........................................
OPERATIONAL ENHANCEMENTS .......................................................................
CBDP
CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...................................
CB PROTECTION & HAZARD MITIGATION ........................................................
TOTAL PROCUREMENT, DEFENSE-WIDE ...................................
4,985
21,339
352,100
227,073
2,824
95,685
7,000
[7,000]
30,418
54,100
318,991
[15,000]
4,985
21,339
352,100
208,051
213,330
6,048,863
208,051
213,330
7,185,427
TOTAL PROCUREMENT .......................................................................
152,830,175
161,707,244
111
112
113
114
116
117
120
121
227,073
2,824
95,685
30,418
54,100
303,991
TITLE XLII—RESEARCH, DEVEL2
OPMENT, TEST, AND EVALUA3
TION
1
4
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
5
TION.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
001
002
003
004
005
006
Program
Element
0601102A
0601103A
0601104A
0601121A
0601275A
0601601A
007
0602002A
008
009
0602134A
0602135A
010
0602141A
012
0602143A
013
0602144A
014
0602145A
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES .................................................
UNIVERSITY RESEARCH INITIATIVES .......................................
UNIVERSITY AND INDUSTRY RESEARCH CENTERS ..............
CYBER COLLABORATIVE RESEARCH ALLIANCE ....................
ELECTRONIC WARFARE BASIC RESEARCH ..............................
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING
BASIC RESEARCH.
SUBTOTAL BASIC RESEARCH ...........................................
APPLIED RESEARCH
ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED
RESEARCH.
COUNTER IMPROVISED-THREAT ADVANCED STUDIES ........
COUNTER SMALL UNMANNED AERIAL SYSTEMS (C-SUAS)
APPLIED RESEARCH.
LETHALITY TECHNOLOGY ............................................................
Advanced Materials and Manufacturing for Hypersonics
(AMMH).
SOLDIER LETHALITY TECHNOLOGY .........................................
Army Pathfinder Airborne ............................................................
Decrease Soldier load and power burden ......................................
Digital Night Vision Technology ...................................................
Enhancing Energy Technologies in Cold Regions .........................
Pathfinder—Air Assault ................................................................
GROUND TECHNOLOGY ..................................................................
Earth Sciences Polar Proving Ground & Training Program ........
Engineered Roadway Repair Materials for Effective Maneuver of
Military Assets.
Geotechnical Intelligence and Terrain Analytics Network for
Arctic Maneuverability.
NEXT GENERATION COMBAT VEHICLE TECHNOLOGY ........
Advanced Materials Development for Next Generation Combat
Vehicle Survivability.
Platform anti-idle and mobility technology ...................................
(1035098|1)
FY 2026
Request
Conference
Authorized
237,678
78,947
69,391
5,463
88,053
7,012
237,678
78,947
69,391
5,463
88,053
7,012
486,544
486,544
9,455
9,455
6,174
12,618
6,174
12,618
97,157
106,157
[9,000]
72,670
101,170
[5,000]
[8,000]
[2,500]
[5,000]
[8,000]
66,342
[5,000]
[3,000]
56,342
[2,000]
71,547
93,047
[2,500]
[15,000]
G:\CMTE\AS\26\C\RCP.XML
1939
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
015
0602146A
016
0602147A
017
018
0602148A
0602150A
019
0602180A
021
022
0602182A
0602183A
023
024
025
026
027
0602184A
0602213A
0602275A
0602276A
0602345A
028
030
031
0602386A
0602785A
0602787A
031A
9999999999
032
033
0603002A
0603007A
034
0603025A
035
0603040A
036
037
038
039
040
0603041A
0603042A
0603043A
0603044A
0603116A
042
0603118A
043
0603119A
044
045
0603134A
0603135A
046
047
048
0603275A
0603276A
0603345A
049
0603386A
050
051
0603457A
0603461A
052
0603462A
053
0603463A
054
055
0603464A
0603465A
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Standardized Army Battery ..........................................................
NETWORK C3I TECHNOLOGY .......................................................
Distributed Aperture Spectrum Dominance for Missile Defeat ....
LONG RANGE PRECISION FIRES TECHNOLOGY ......................
Novel Printed Armament Components for Distributed Operations.
FUTURE VERTICLE LIFT TECHNOLOGY ...................................
AIR AND MISSILE DEFENSE TECHNOLOGY .............................
AI Integration & Security for IBCS ..............................................
Counter-UAS technologies, facilities, and research .......................
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING
TECHNOLOGIES.
C3I APPLIED RESEARCH ................................................................
AIR PLATFORM APPLIED RESEARCH .........................................
Shape-shifting Drones Powered by Mechanical Intelligence .........
SOLDIER APPLIED RESEARCH .....................................................
C3I APPLIED CYBER ........................................................................
ELECTRONIC WARFARE APPLIED RESEARCH ........................
ELECTRONIC WARFARE CYBER APPLIED RESEARCH ..........
UNMANNED AERIAL SYSTEMS LAUNCHED EFFECTS APPLIED RESEARCH.
BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH
MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ...............
MEDICAL TECHNOLOGY .................................................................
Army Institute of Research (WRAIR) Mitochondria Transplantation for TBI research program.
Program decrease ..........................................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL APPLIED RESEARCH .....................................
ADVANCED TECHNOLOGY DEVELOPMENT
MEDICAL ADVANCED TECHNOLOGY ..........................................
MANPOWER, PERSONNEL AND TRAINING ADVANCED
TECHNOLOGY.
ARMY AGILE INNOVATION AND DEMONSTRATION ................
Advance development of high-altitude precision effects glide munitions.
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES.
Multi-Domain Kill Chain Automation ...........................................
ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY .....
C3I ADVANCED TECHNOLOGY ......................................................
AIR PLATFORM ADVANCED TECHNOLOGY ...............................
SOLDIER ADVANCED TECHNOLOGY ...........................................
LETHALITY ADVANCED TECHNOLOGY .....................................
Tier 1 Blast Over Pressure Reduction Technologies ....................
SOLDIER LETHALITY ADVANCED TECHNOLOGY ...................
Aerial Delivery of Fire Suppression ..............................................
Rapid Agile Manufacturing of Parachutes and Soft-Goods ..........
GROUND ADVANCED TECHNOLOGY ...........................................
Cold Regions Research and Engineering Laboratory ...................
Improvements in Mobility Modeling ..............................................
COUNTER IMPROVISED-THREAT SIMULATION .......................
COUNTER SMALL UNMANNED AERIAL SYSTEMS (C-SUAS)
ADVANCED TECHNOLOGY.
ELECTRONIC WARFARE ADVANCED TECHNOLOGY ..............
ELECTRONIC WARFARE CYBER ADVANCED TECHNOLOGY
UNMANNED AERIAL SYSTEMS LAUNCHED EFFECTS ADVANCED TECHNOLOGY DEVELOPMENT.
BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH.
C3I CYBER ADVANCED DEVELOPMENT ....................................
HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.
NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.
Acceleration of leap ahead systems for ground vehicles ................
Airless Tire Demonstration for the Infantry Squad Vehicle .........
Discontinuous Thermoplastics Materials .......................................
Dual-Use Autonomous and Collaborative Reconnaissance Testing
Winter Tire Development ..............................................................
NETWORK C3I ADVANCED TECHNOLOGY .................................
Communication Conformal Antenna Research and Development
Geophysical Littoral Autonomous Detection and Exploitation II
(GLADE II).
Network C3I Advanced Technology ..............................................
LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY
FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY ............
(1035098|1)
FY 2026
Request
56,529
25,744
20,420
25,992
13,745
22,317
53,305
27,597
4,716
45,415
17,102
18,408
8,209
17,191
143,293
Conference
Authorized
[4,000]
60,529
[4,000]
32,744
[7,000]
20,420
33,492
[2,500]
[5,000]
13,745
22,317
58,305
[5,000]
27,597
4,716
45,415
17,102
18,408
8,209
17,191
140,293
[3,000]
34,599
860,545
[–6,000]
34,599
950,045
1,860
13,559
1,860
13,559
19,679
37,679
[18,000]
20,487
30,487
15,692
7,773
[10,000]
10,560
15,028
41,266
18,143
16,732
[3,500]
104,186
[5,000]
[4,000]
41,507
[5,000]
[6,000]
15,692
7,773
83,922
15,254
13,898
83,922
15,254
13,898
24,683
24,683
3,329
241,855
3,329
241,855
141,301
176,301
10,560
15,028
41,266
18,143
13,232
95,186
30,507
78,539
162,236
66,686
[6,000]
[5,000]
[10,000]
[8,000]
[6,000]
91,039
[2,500]
[5,000]
[5,000]
162,236
70,686
G:\CMTE\AS\26\C\RCP.XML
1940
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
056
0603466A
058
058A
0603920A
9999999999
060
0603305A
061
0603308A
063
064
065
066
067
0603619A
0603639A
0603645A
0603747A
0603766A
068
069
070
072
073
074
075
076
078
079
0603774A
0603779A
0603790A
0603804A
0603807A
0603827A
0604017A
0604019A
0604035A
0604036A
080
0604037A
081
085
086
0604100A
0604114A
0604115A
087
0604117A
089
090
0604120A
0604121A
091
0604134A
092
093
095
097
0604135A
0604182A
0604403A
0604531A
099
100
100A
0604541A
0305251A
9999999999
101
102
103
0604201A
0604270A
0604601A
104
105
106
110
111
112
113
114
0604604A
0604611A
0604622A
0604645A
0604710A
0604713A
0604715A
0604741A
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Next Generation eVTOL Program Enhancement .........................
AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY ......
CHROME Testbed ........................................................................
Material Improvements for Electric Motors ..................................
Missile Enhancements with Electric Motor Prototypes ................
HUMANITARIAN DEMINING ..........................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ................
Multi-spectral Identification, Characterization, and Aggregation
Science and Technology Evaluations Against Lethal Threats –
Hypersonics.
Underwater Cut and Capture Demonstration ...............................
ARMY SPACE SYSTEMS INTEGRATION ......................................
Assured Zero Trust Environment Controls (AZTEC) ..................
LANDMINE WARFARE AND BARRIER—ADV DEV ....................
TANK AND MEDIUM CALIBER AMMUNITION ...........................
ARMORED SYSTEM MODERNIZATION—ADV DEV ...................
SOLDIER SUPPORT AND SURVIVABILITY .................................
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV
DEV.
System of Systems for Asset Optimization and Management of
Uncrewed Systems.
NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ..........
ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ........
NATO RESEARCH AND DEVELOPMENT .....................................
LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ............
MEDICAL SYSTEMS—ADV DEV .....................................................
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..................
ROBOTICS DEVELOPMENT ............................................................
EXPANDED MISSION AREA MISSILE (EMAM) ...........................
LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY ..............
MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV .............
Secure Integrated Multi-Orbit Satellite Communications .............
TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV
DEV.
ANALYSIS OF ALTERNATIVES ......................................................
LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ......
TECHNOLOGY MATURATION INITIATIVES ...............................
Program decrease ..........................................................................
Short Pulse Laser Directed Energy Demonstration .....................
MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ....
M-VEST ........................................................................................
ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) ..
SYNTHETIC TRAINING ENVIRONMENT REFINEMENT &
PROTOTYPING.
Program decrease ..........................................................................
COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.
STRATEGIC MID-RANGE FIRES ....................................................
HYPERSONICS ...................................................................................
FUTURE INTERCEPTOR .................................................................
COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT.
UNIFIED NETWORK TRANSPORT ................................................
CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
AIRCRAFT AVIONICS .......................................................................
ELECTRONIC WARFARE DEVELOPMENT ..................................
INFANTRY SUPPORT WEAPONS ...................................................
Combat Aviation Aircrew Enhancement – Safety and Lethality ..
Next Generation Squad Weapon Magazine Testing ......................
MEDIUM TACTICAL VEHICLES .....................................................
JAVELIN ..............................................................................................
FAMILY OF HEAVY TACTICAL VEHICLES .................................
ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ....
NIGHT VISION SYSTEMS—ENG DEV ...........................................
COMBAT FEEDING, CLOTHING, AND EQUIPMENT .................
NON-SYSTEM TRAINING DEVICES—ENG DEV .........................
AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.
(1035098|1)
FY 2026
Request
23,330
9,349
72,837
1,240,191
8,141
83,080
41,516
85,472
22,645
4,033
107,525
Conference
Authorized
[4,000]
35,580
[5,000]
[4,750]
[2,500]
9,349
72,837
1,355,441
18,641
[3,000]
[2,500]
[5,000]
89,080
[6,000]
41,516
85,472
22,645
4,033
117,425
[9,900]
5,153
11,343
5,031
15,435
1,000
41,856
35,082
178,137
17,063
239,813
3,092
9,865
196,448
267,619
5,153
11,343
5,031
15,435
1,000
41,856
35,082
178,137
17,063
249,813
[10,000]
3,092
8,686
240,899
9,865
196,448
266,869
[–5,750]
[5,000]
239,497
[1,250]
8,686
170,019
5,491
[–70,880]
5,491
231,401
25,000
8,019
45,281
231,401
25,000
8,019
45,281
29,191
5,605
203,746
2,420,915
29,191
5,605
203,746
2,386,935
2,696
9,153
56,553
2,696
9,153
67,053
[9,000]
[1,500]
18,503
9,810
47,064
16,593
351,274
5,654
19,063
18,892
238,247
18,503
9,810
47,064
16,593
351,274
5,654
19,063
13,892
G:\CMTE\AS\26\C\RCP.XML
1941
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
115
116
117
0604742A
0604746A
0604760A
118
119
120
121
0604798A
0604802A
0604804A
0604805A
122
0604807A
123
124
0604808A
0604818A
125
127
128
0604820A
0604827A
0604852A
129
130
131
0604854A
0605013A
0605018A
132
133
134
135
136
137
0605030A
0605031A
0605035A
0605036A
0605037A
0605038A
138
139
140
142
0605041A
0605042A
0605047A
0605051A
143
0605052A
144
145
146
147
152
0605053A
0605054A
0605144A
0605148A
0605224A
154
155
156
0605232A
0605233A
0605235A
157
158
0605236A
0605241A
160
163
164
0605244A
0605457A
0605531A
166
167
168
0605625A
0605766A
0605812A
169
170
172A
0605830A
0303032A
9999999999
173
0604256A
174
175
0604258A
0604759A
176
177
178
180
0605103A
0605301A
0605326A
0605601A
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Air and Missile Defense Common Operating Picture ...................
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT .....
AUTOMATIC TEST EQUIPMENT DEVELOPMENT ....................
DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG
DEV.
BRIGADE ANALYSIS, INTEGRATION AND EVALUATION .......
WEAPONS AND MUNITIONS—ENG DEV .....................................
LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ............
COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG
DEV.
Program decrease ..........................................................................
MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE
EQUIPMENT—ENG DEV.
LANDMINE WARFARE/BARRIER—ENG DEV .............................
ARMY TACTICAL COMMAND & CONTROL HARDWARE &
SOFTWARE.
Program decrease ..........................................................................
RADAR DEVELOPMENT ..................................................................
SOLDIER SYSTEMS—WARRIOR DEM/VAL ..................................
SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—
EMD.
ARTILLERY SYSTEMS—EMD .........................................................
INFORMATION TECHNOLOGY DEVELOPMENT ........................
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPSA).
Program decrease ..........................................................................
JOINT TACTICAL NETWORK CENTER (JTNC) ..........................
JOINT TACTICAL NETWORK (JTN) ..............................................
COMMON INFRARED COUNTERMEASURES (CIRCM) ..............
COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) ....
EVIDENCE COLLECTION AND DETAINEE PROCESSING .......
NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE.
DEFENSIVE CYBER TOOL DEVELOPMENT ...............................
TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ...............
CONTRACT WRITING SYSTEM ......................................................
AIRCRAFT SURVIVABILITY DEVELOPMENT ............................
Program decrease ..........................................................................
Threat Missile Seeker Analysis and Assessment ...........................
INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK
1.
GROUND ROBOTICS .........................................................................
EMERGING TECHNOLOGY INITIATIVES ....................................
NEXT GENERATION LOAD DEVICE—MEDIUM ........................
TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD
MULTI-DOMAIN INTELLIGENCE ..................................................
DeepFake and AI-synthesized Image Detection ...........................
HYPERSONICS EMD .........................................................................
ACCESSIONS INFORMATION ENVIRONMENT (AIE) ................
STRATEGIC MID-RANGE CAPABILITY ........................................
Maritime Strike Tomahawk (MST) (USA, USN) .........................
INTEGRATED TACTICAL COMMUNICATIONS ...........................
FUTURE LONG RANGE ASSAULT AIRCRAFT DEVELOPMENT.
JOINT REDUCED RANGE ROCKET (JR3) ...................................
ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD)
COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS
DEV & DEMONSTRATION.
MANNED GROUND VEHICLE .........................................................
NATIONAL CAPABILITIES INTEGRATION (MIP) ......................
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING
AND MANUFACTURING DEVELOPMENT PHASE (EMD).
AVIATION GROUND SUPPORT EQUIPMENT ..............................
TROJAN—RH12 .................................................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT .......................................
Man Portable Doppler Radar ........................................................
TARGET SYSTEMS DEVELOPMENT .............................................
MAJOR T&E INVESTMENT .............................................................
Advanced Sensing Expanded Range Operations ...........................
RAND ARROYO CENTER .................................................................
ARMY KWAJALEIN ATOLL .............................................................
CONCEPTS EXPERIMENTATION PROGRAM ..............................
ARMY TEST RANGES AND FACILITIES ......................................
(1035098|1)
FY 2026
Request
Conference
Authorized
7,790
9,512
7,724
[5,000]
7,790
9,512
7,724
24,318
150,344
50,194
63,725
24,318
150,344
50,194
43,725
6,252
[–20,000]
6,252
9,862
430,895
9,862
356,105
53,226
4,137
76,903
[–74,790]
53,226
4,137
76,903
80,862
125,701
164,600
80,862
125,701
153,600
20,954
41,696
10,789
13,322
4,619
13,459
[–11,000]
20,954
41,696
10,789
13,322
4,619
13,459
3,611
3,222
8,101
44,182
248,659
227,038
57,546
24,492
44,273
34,844
3,611
3,222
8,101
26,182
[–20,000]
[2,000]
248,659
22,732
1,248,544
227,038
57,546
24,492
44,273
39,844
[5,000]
513,027
32,710
188,394
[2,090]
22,732
1,248,544
28,893
146,056
55,196
28,893
146,056
55,196
386,393
16,913
2,664
386,393
16,913
2,664
930
3,920
117,428
5,378,817
930
3,920
117,428
5,277,617
74,767
84,767
[10,000]
16,004
106,027
[5,000]
10,892
379,283
58,606
428,108
513,027
32,710
186,304
16,004
101,027
10,892
379,283
58,606
425,108
G:\CMTE\AS\26\C\RCP.XML
1942
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
181
0605602A
182
183
184
185
186
187
188
189
190
191
0605604A
0605606A
0605706A
0605709A
0605712A
0605716A
0605718A
0605801A
0605803A
0605805A
192
0605857A
193
194
0605898A
0606002A
195
196
197
0606003A
0606118A
0606942A
199
200
201
0603778A
0605024A
0607101A
202
0607131A
203
0607136A
204
208
209
0607137A
0607145A
0607148A
210
215
216
217
0607150A
0607665A
0607865A
0203728A
218
0203735A
219
220
0203743A
0203752A
221
222
0203758A
0203801A
225
230
232
235
236
237
237A
0205778A
0303140A
0303142A
0305179A
0305219A
0708045A
9999999999
238
0608041A
239
0609135A
240
241
242
0609277A
0609278A
0609345A
243
0609346A
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Space Terrestrial Representation for Army Test and Training
Operational Scenarios.
ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS.
SURVIVABILITY/LETHALITY ANALYSIS .....................................
AIRCRAFT CERTIFICATION ...........................................................
MATERIEL SYSTEMS ANALYSIS ...................................................
EXPLOITATION OF FOREIGN ITEMS ..........................................
SUPPORT OF OPERATIONAL TESTING ......................................
ARMY EVALUATION CENTER ........................................................
ARMY MODELING & SIM X-CMD COLLABORATION & INTEG
PROGRAMWIDE ACTIVITIES ..........................................................
TECHNICAL INFORMATION ACTIVITIES ....................................
MUNITIONS STANDARDIZATION, EFFECTIVENESS AND
SAFETY.
ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT.
ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA .........
RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST
SITE.
COUNTERINTEL AND HUMAN INTEL MODERNIZATION ......
AIAMD SOFTWARE DEVELOPMENT & INTEGRATION ............
ASSESSMENTS
AND
EVALUATIONS
CYBER
VULNERABILITIES.
SUBTOTAL MANAGEMENT SUPPORT ............................
OPERATIONAL SYSTEM DEVELOPMENT
MLRS PRODUCT IMPROVEMENT PROGRAM .............................
ANTI-TAMPER TECHNOLOGY SUPPORT ....................................
COMBATING WEAPONS OF MASS DESTRUCTION (CWMD)
PRODUCT IMPROVEMENT.
WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT
PROGRAMS.
BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ...............
Blackhawk modernization ..............................................................
CHINOOK PRODUCT IMPROVEMENT PROGRAM ......................
APACHE FUTURE DEVELOPMENT ..............................................
AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR
SYSTEM.
INTEL CYBER DEVELOPMENT .....................................................
FAMILY OF BIOMETRICS ................................................................
PATRIOT PRODUCT IMPROVEMENT ...........................................
JOINT AUTOMATED DEEP OPERATION COORDINATION
SYSTEM (JADOCS).
COMBAT VEHICLE IMPROVEMENT PROGRAMS .......................
Program decrease ..........................................................................
Scaling Cost-Saving Lightweight Metallurgical Development .......
155MM SELF-PROPELLED HOWITZER IMPROVEMENTS .......
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
DIGITIZATION ...................................................................................
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.
GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ....
INFORMATION SYSTEMS SECURITY PROGRAM .......................
SATCOM GROUND ENVIRONMENT (SPACE) ..............................
INTEGRATED BROADCAST SERVICE (IBS) ................................
MQ–1 GRAY EAGLE UAV .................................................................
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ..........
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT
PROGRAMS
DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT.
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.
AGILE RDTE PORTFOLIO MANAGEMENT
COUNTER UNMANNED AERIAL SYSTEMS (UAS) AGILE DEVELOPMENT.
ELECTRONIC WARFARE AGILE DEVELOPMENT .....................
ELECTRONIC WARFARE AGILE SYSTEMS DEVELOPMENT ..
UNMANNED AERIAL SYSTEMS LAUNCHED EFFECTS
AGILE SYSTEMS DEVELOPMENT.
UAS LAUNCHED EFFECTS AGILE DEVELOPMENT ................
(1035098|1)
FY 2026
Request
Conference
Authorized
[3,000]
69,328
69,328
31,306
1,887
19,100
6,277
63,637
62,343
11,825
54,172
26,592
44,465
31,306
1,887
19,100
6,277
63,637
62,343
11,825
54,172
26,592
44,465
2,857
2,857
53,436
72,302
53,436
72,302
5,660
358,854
6,354
5,660
358,854
6,354
1,956,082
1,974,082
14,639
6,449
115
14,639
6,449
115
13,687
13,687
23,998
10,859
44,371
43,054
123,998
[100,000]
10,859
44,371
43,054
13,129
1,594
183,763
8,424
13,129
1,594
183,763
8,424
744,085
107,826
237
744,085
[–10,000]
[10,000]
107,826
237
1,013
1,338
1,013
1,338
33,307
15,040
35,720
6,653
3,444
67,002
46,872
1,426,619
33,307
15,040
35,720
6,653
3,444
67,002
46,872
1,526,619
89,238
89,238
89,238
89,238
143,618
143,618
127,081
59,202
187,473
127,081
59,202
187,473
172,898
172,898
G:\CMTE\AS\26\C\RCP.XML
1943
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
001
0601103N
002
0601153N
003
004
0602114N
0602123N
005
0602131M
006
0602235N
007
008
0602236N
0602271N
009
0602435N
010
011
0602651M
0602747N
012
0602750N
013
0602782N
015
0602861N
016
017
018
0603123N
0603271N
0603273N
019
0603640M
020
0603651M
021
0603673N
022
023
024
0603680N
0603729N
0603758N
025
0603782N
027
029
030
031
032
0603128N
0603207N
0603216N
0603239N
0603254N
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
FY 2026
Request
Conference
Authorized
SUBTOTAL AGILE RDTE PORTFOLIO MANAGEMENT.
690,272
690,272
TOTAL RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, ARMY.
14,549,223
14,736,793
67,306
72,306
[5,000]
516,163
[5,000]
588,469
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
BASIC RESEARCH
UNIVERSITY RESEARCH INITIATIVES .......................................
Artificial Intelligence Maritime Maneuvering (AIMM) 2.0 ...........
DEFENSE RESEARCH SCIENCES .................................................
Hypersonics T&E Workforce Development ...................................
SUBTOTAL BASIC RESEARCH ...........................................
APPLIED RESEARCH
POWER PROJECTION APPLIED RESEARCH ..............................
FORCE PROTECTION APPLIED RESEARCH ..............................
Advanced Circuit Breaker .............................................................
Intelligent Data Management for Distributed Naval Platforms ...
Multi-Material Flexible Automated Manufacturing ......................
Talent and Technology for Navy Power and Energy Systems .....
Testing and Qualification of High-Performance Carbon Fiber for
Advanced Rocket Motors.
MARINE CORPS LANDING FORCE TECHNOLOGY ....................
Unmanned Logistics Solutions ......................................................
COMMON PICTURE APPLIED RESEARCH ..................................
Embedded Systems Cyber for Critical Naval Infrastructure ........
WARFIGHTER SUSTAINMENT APPLIED RESEARCH ..............
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ............
Future Radio Frequency Digital Array Technology Development
and Demonstration.
OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.
JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ...........
UNDERSEA WARFARE APPLIED RESEARCH ............................
Academic partnerships for undersea vessels .................................
Program increase ...........................................................................
FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ...........
Quantum communications corridor ...............................................
MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.
SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD
ACITIVITIES.
SUBTOTAL APPLIED RESEARCH .....................................
ADVANCED TECHNOLOGY DEVELOPMENT
FORCE PROTECTION ADVANCED TECHNOLOGY ....................
ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ..
SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS.
USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ..
Autonomous Amphibious Robotic Vehicle Development and Integration.
Long Range Maneuvering Projectile (LRMP) ..............................
Low-Cost Tactical Hypersonic Long-Range Precision Fires ........
JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.
FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY
DEVELOPMENT.
Submersible Air Revitalization using Aqueous Ionic Amines for
CO2 Capture.
MANUFACTURING TECHNOLOGY PROGRAM ............................
WARFIGHTER PROTECTION ADVANCED TECHNOLOGY .......
NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.
MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
UNMANNED AERIAL SYSTEM .......................................................
AIR/OCEAN TACTICAL APPLICATIONS .......................................
AVIATION SURVIVABILITY ............................................................
NAVAL CONSTRUCTION FORCES .................................................
ASW SYSTEMS DEVELOPMENT ....................................................
(1035098|1)
511,163
578,469
30,635
125,699
30,635
154,199
[6,000]
[12,500]
[4,000]
[2,500]
[3,500]
45,697
52,697
[7,000]
66,746
[11,500]
74,264
84,929
[5,000]
55,246
74,264
79,929
81,270
81,270
7,300
64,335
29,081
7,300
71,835
[2,500]
[5,000]
291,815
[12,000]
29,081
81,423
81,423
954,694
1,026,194
43,527
8,644
121,618
43,527
8,644
121,618
309,711
329,711
[8,000]
279,815
6,561
[7,000]
[5,000]
6,561
455,851
458,851
[3,000]
63,903
7,653
81,923
63,903
7,653
81,923
2,075
2,075
1,101,466
1,124,466
28,388
35,870
24,064
8,603
18,904
28,388
35,870
24,064
8,603
18,904
G:\CMTE\AS\26\C\RCP.XML
1944
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
033
034
0603261N
0603382N
035
0603502N
036
037
038
040
041
043
045
046
047
048
049
050
0603506N
0603512N
0603525N
0603536N
0603542N
0603561N
0603563N
0603564N
0603570N
0603573N
0603576N
0603581N
051
052
0603582N
0603595N
053
0603596N
054
055
056
0603597N
0603598N
0603599N
057
058
0603609N
0603635M
059
060
061
062
0603654N
0603713N
0603721N
0603724N
063
064
065
066
067
068
069
070
071
072
073
0603725N
0603734N
0603739N
0603746N
0603748N
0603751N
0603764M
0603790N
0603795N
0603851M
0603860N
076
077
078
079
082
0604025M
0604027N
0604028N
0604029N
0604112N
083
084
0604127N
0604272N
085
086
087
088
0604286N
0604289M
0604292N
0604295M
089
090
0604320M
0604454N
091
092
093
0604536N
0604636N
0604659N
094
0604707N
095
0604786N
097
098
100
101
0605513N
0605514M
0605518N
0105519N
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
TACTICAL AIRBORNE RECONNAISSANCE .................................
ADVANCED COMBAT SYSTEMS TECHNOLOGY .........................
Embedded Hypersonics Seeker Testing Increase ..........................
Marine Corps Warfighting Lab Air Combat Element Increase ....
SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.
SURFACE SHIP TORPEDO DEFENSE ..........................................
CARRIER SYSTEMS DEVELOPMENT ...........................................
PILOT FISH ........................................................................................
RETRACT JUNIPER ..........................................................................
RADIOLOGICAL CONTROL ..............................................................
ADVANCED SUBMARINE SYSTEM DEVELOPMENT .................
SHIP CONCEPT ADVANCED DESIGN ...........................................
SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES .........
ADVANCED NUCLEAR POWER SYSTEMS ...................................
ADVANCED SURFACE MACHINERY SYSTEMS ..........................
CHALK EAGLE ...................................................................................
LITTORAL COMBAT SHIP (LCS) ....................................................
Program decrease ..........................................................................
COMBAT SYSTEM INTEGRATION .................................................
OHIO REPLACEMENT ......................................................................
Program increase: Advanced composite shaft design ....................
LCS MISSION MODULES .................................................................
Program decrease ..........................................................................
AUTOMATED TEST AND RE-TEST (ATRT) .................................
ATRT ENTERPRISE RAPID CAPABILITY ....................................
FRIGATE DEVELOPMENT ..............................................................
Program decrease ..........................................................................
CONVENTIONAL MUNITIONS ........................................................
MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ..........
Program decrease ..........................................................................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...
OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT .........
ENVIRONMENTAL PROTECTION ..................................................
NAVY ENERGY PROGRAM ..............................................................
Advanced Battery Technologies .....................................................
FACILITIES IMPROVEMENT ..........................................................
CHALK CORAL ...................................................................................
NAVY LOGISTIC PRODUCTIVITY ..................................................
RETRACT MAPLE ..............................................................................
LINK PLUMERIA ...............................................................................
RETRACT ELM ...................................................................................
LINK EVERGREEN ...........................................................................
NATO RESEARCH AND DEVELOPMENT .....................................
LAND ATTACK TECHNOLOGY .......................................................
JOINT NON-LETHAL WEAPONS TESTING .................................
JOINT PRECISION APPROACH AND LANDING SYSTEMS—
DEM/VAL.
RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) .....
DIGITAL WARFARE OFFICE ..........................................................
SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES ..
UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES ..
GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER
(CVN 78—80).
SURFACE MINE COUNTERMEASURES ........................................
TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).
NAVY ADVANCED MANUFACTURING ..........................................
NEXT GENERATION LOGISTICS ...................................................
FUTURE VERTICAL LIFT (MARITIME STRIKE) .......................
MARINE AVIATION DEMONSTRATION/VALIDATION ...............
Program decrease ..........................................................................
RAPID TECHNOLOGY CAPABILITY PROTOTYPE .....................
LX (R) ...................................................................................................
Program decrease ..........................................................................
ADVANCED UNDERSEA PROTOTYPING .....................................
COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) ............
PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ..
Emerging Hypersonic Capabilities (USA, USN) ..........................
Navy MACE ..................................................................................
SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.
OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.
UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES
GROUND BASED ANTI-SHIP MISSILE .........................................
CONVENTIONAL PROMPT STRIKE (CPS) ...................................
NUCLEAR-ARMED
SEA-LAUNCHED
CRUISE
MISSILE
(SLCM-N) SUPPORT.
(1035098|1)
FY 2026
Request
2,241
2,083
32,359
11,832
8,361
1,218,486
206,429
730
162,651
59,218
96,022
383,831
101,136
156,686
10,203
Conference
Authorized
2,241
22,083
[10,000]
[10,000]
32,359
10,925
414,282
1,016
647,914
376,672
106,810
529,550
5,234
1,056
9,832
41,978
11,832
8,361
1,218,486
206,429
730
162,651
59,218
96,022
383,831
101,136
156,686
0
[–10,203]
19,643
283,265
[10,000]
19,258
[–20,000]
9,862
20,000
0
[–84,199]
10,877
218,461
[–59,800]
43,657
9,647
22,829
56,577
[10,000]
10,925
414,282
1,016
647,914
376,672
106,810
529,550
5,234
1,056
9,832
41,978
99
151,271
4,855
47,106
112,704
99
151,271
4,855
47,106
112,704
18,504
14,387
18,504
14,387
10,585
2,722
7,125
38,873
6,866
10,585
2,722
7,125
35,073
[–3,800]
16,316
16,709
[–10,000]
143,943
16,689
235,072
[25,000]
[100,000]
6,866
225,773
225,773
3,712
29,004
798,337
3,712
29,004
798,337
210,000
19,643
273,265
39,258
9,862
20,000
84,199
10,877
278,261
43,657
9,647
22,829
46,577
16,316
26,709
143,943
16,689
110,072
G:\CMTE\AS\26\C\RCP.XML
1945
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
102
103
104
105
106
107
Program
Element
0207147M
0303260N
0303354N
0304240M
0304270N
0304797N
108
109
111
113
114
116
117
118
119
120
121
122
0603208N
0604038N
0604212N
0604215N
0604216N
0604230N
0604231N
0604234N
0604245M
0604261N
0604262N
0604264N
123
124
0604269N
0604270N
125
126
127
128
129
130
131
0604273M
0604274N
0604280N
0604282N
0604307N
0604329N
0604366N
132
133
0604373N
0604378N
135
136
137
138
0604501N
0604503N
0604504N
0604512N
139
141
142
143
145
146
147
148
149
150
0604516N
0604522N
0604530N
0604558N
0604567N
0604574N
0604601N
0604610N
0604654N
0604657M
151
0604703N
152
153
154
155
0604727N
0604755N
0604756N
0604757N
156
157
158
159
160
161
162
163
0604761N
0604771N
0604777N
0604850N
0605013M
0605013N
0605024N
0605180N
164
165
166
167
168
170
0605212M
0605215N
0605217N
0605220N
0605285N
0605414N
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Restoration of full funding for Nuclear-Armed Sea-Launched
Cruise Missile.
COLLABORATIVE COMBAT AIRCRAFT ........................................
DEFENSE MILITARY DECEPTION INITIATIVE ........................
ASW SYSTEMS DEVELOPMENT—MIP .........................................
ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM .......
ELECTRONIC WARFARE DEVELOPMENT—MIP .......................
UNDERSEA ARTIFICIAL INTELLIGENCE / MACHINE
LEARNING (AI/ML).
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
TRAINING SYSTEM AIRCRAFT ......................................................
MARITIME TARGETING CELL .......................................................
OTHER HELO DEVELOPMENT .....................................................
STANDARDS DEVELOPMENT ........................................................
MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ...
WARFARE SUPPORT SYSTEM .......................................................
COMMAND AND CONTROL SYSTEMS ..........................................
ADVANCED HAWKEYE ....................................................................
H–1 UPGRADES .................................................................................
ACOUSTIC SEARCH SENSORS .......................................................
V–22 ......................................................................................................
AIR CREW SYSTEMS DEVELOPMENT .........................................
Program decrease ..........................................................................
EA–18 ...................................................................................................
ELECTRONIC WARFARE DEVELOPMENT ..................................
Program decrease ..........................................................................
EXECUTIVE HELO DEVELOPMENT ............................................
NEXT GENERATION JAMMER (NGJ) ...........................................
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ........
NEXT GENERATION JAMMER (NGJ) INCREMENT II ..............
SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ....
SMALL DIAMETER BOMB (SDB) ...................................................
STANDARD MISSILE IMPROVEMENTS ........................................
Program decrease ..........................................................................
AIRBORNE MCM ................................................................................
NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING.
ADVANCED ABOVE WATER SENSORS .........................................
SUBMARINE SWFTS MODERNIZATION .......................................
AIR CONTROL ....................................................................................
SHIPBOARD AVIATION SYSTEMS .................................................
Program decrease ..........................................................................
SHIP SURVIVABILITY ......................................................................
AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ..........
ADVANCED ARRESTING GEAR (AAG) ..........................................
NEW DESIGN SSN .............................................................................
SHIP CONTRACT DESIGN/ LIVE FIRE T&E ................................
NAVY TACTICAL COMPUTER RESOURCES ................................
MINE DEVELOPMENT .....................................................................
LIGHTWEIGHT TORPEDO DEVELOPMENT ...............................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...
USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—
ENG DEV.
PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS.
JOINT STANDOFF WEAPON SYSTEMS .......................................
SHIP SELF DEFENSE (DETECT & CONTROL) ..........................
SHIP SELF DEFENSE (ENGAGE: HARD KILL) .........................
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...................
Program decrease ..........................................................................
INTELLIGENCE ENGINEERING ....................................................
MEDICAL DEVELOPMENT ..............................................................
NAVIGATION/ID SYSTEM ................................................................
SSN(X) ..................................................................................................
INFORMATION TECHNOLOGY DEVELOPMENT ........................
INFORMATION TECHNOLOGY DEVELOPMENT ........................
ANTI-TAMPER TECHNOLOGY SUPPORT ....................................
TACAMO MODERNIZATION ............................................................
Program decrease ..........................................................................
CH–53K RDTE ....................................................................................
MISSION PLANNING .........................................................................
COMMON AVIONICS ..........................................................................
SHIP TO SHORE CONNECTOR (SSC) ............................................
NEXT GENERATION FIGHTER ......................................................
UNMANNED CARRIER AVIATION (UCA) .....................................
(1035098|1)
FY 2026
Request
Conference
Authorized
[210,000]
58,000
1,980
3,864
2,822
1,278
29,308
58,000
1,980
3,864
2,822
1,278
29,308
7,454,345
7,641,343
15,101
147,802
987
4,540
64,838
15,778
64,547
350,324
62,240
52,549
124,958
44,297
15,101
147,802
987
4,540
64,838
15,778
64,547
350,324
62,240
52,549
124,958
39,897
[–4,400]
184,921
155,606
[–30,000]
74,980
64,167
289,345
228,256
432,981
23,836
362,964
[–50,000]
8,372
39,878
184,921
185,606
74,980
64,167
289,345
228,256
432,981
23,836
412,964
8,372
39,878
67,881
204,158
23,930
33,704
4,364
74,937
32,037
247,293
28,400
3,552
130
12,565
8,740
17,377
67,881
204,158
23,930
13,704
[–20,000]
4,364
74,937
32,037
247,293
28,400
3,552
130
12,565
8,740
17,377
6,703
6,703
895
167,711
145,007
232,368
895
167,711
145,007
217,368
[–15,000]
7,023
7,629
3,724
365,987
16,000
192,784
3,428
1,203,978
[–40,000]
135,432
120,255
67,944
7,267
74,320
305,487
7,023
7,629
3,724
365,987
16,000
192,784
3,428
1,243,978
135,432
120,255
67,944
7,267
74,320
305,487
G:\CMTE\AS\26\C\RCP.XML
1946
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
171
172
173
174
175
0605450M
0605500N
0605504N
0605516N
0605611M
176
0605813M
177
178
0204202N
0301377N
179
183
185
0302315N
0304785N
0306250M
186
187
188
189
190
193
194
195
196
0604256N
0604258N
0604759N
0605152N
0605154N
0605853N
0605856N
0605863N
0605864N
197
198
199
200
201
202
0605865N
0605866N
0605867N
0605873M
0605898N
0606295M
203
204
205
0606355N
0305327N
0902498N
208
0604840M
209
0604840N
210
211
212
213
214
215
216
218
0605520M
0607658N
0101221N
0101224N
0101226N
0101402N
0204136N
0204229N
219
220
222
223
224
225
227
228
0204311N
0204313N
0204460M
0204571N
0204575N
0205601N
0205632N
0205633N
229
230
0205675N
0206313M
231
0206335M
232
0206623M
233
234
236
237
0206624M
0206625M
0207161N
0207163N
238
0208043N
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
JOINT AIR-TO-GROUND MISSILE (JAGM) ...................................
MULTI-MISSION MARITIME AIRCRAFT (MMA) .........................
MULTI-MISSION MARITIME (MMA) INCREMENT III ................
LONG RANGE FIRES ........................................................................
MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION.
JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.
DESTROYERS GUIDED MISSILE (DDG–1000) ............................
COUNTERING ADVANCED CONVENTIONAL WEAPONS
(CACW).
NON-KINETIC COUNTERMEASURE SUPPORT ..........................
ISR & INFO OPERATIONS ...............................................................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT .......................................
TARGET SYSTEMS DEVELOPMENT .............................................
MAJOR T&E INVESTMENT .............................................................
STUDIES AND ANALYSIS SUPPORT—NAVY ..............................
CENTER FOR NAVAL ANALYSES ..................................................
MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT
STRATEGIC TECHNICAL SUPPORT .............................................
RDT&E SHIP AND AIRCRAFT SUPPORT .....................................
TEST AND EVALUATION SUPPORT .............................................
Program decrease ..........................................................................
OPERATIONAL TEST AND EVALUATION CAPABILITY ...........
NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...............
MARINE CORPS PROGRAM WIDE SUPPORT ..............................
MANAGEMENT HQ—R&D ................................................................
MARINE AVIATION DEVELOPMENTAL MANAGEMENT AND
SUPPORT.
WARFARE INNOVATION MANAGEMENT ....................................
INSIDER THREAT .............................................................................
MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES).
SUBTOTAL MANAGEMENT SUPPORT ............................
OPERATIONAL SYSTEM DEVELOPMENT
F–35 C2D2 ...........................................................................................
Block 4 Delays ...............................................................................
F–35 C2D2 ...........................................................................................
Block 4 Delays ...............................................................................
MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS ..............
COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ..................
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ....................
SSBN SECURITY TECHNOLOGY PROGRAM ...............................
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...............
NAVY STRATEGIC COMMUNICATIONS ........................................
F/A–18 SQUADRONS .........................................................................
TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).
INTEGRATED SURVEILLANCE SYSTEM .....................................
SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS .....................
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT .........
ELECTRONIC WARFARE (EW) READINESS SUPPORT ............
ANTI-RADIATION MISSILE IMPROVEMENT ...............................
MK–48 ADCAP ....................................................................................
AVIATION IMPROVEMENTS ...........................................................
Autonomous airfield FOD sweeping systems ................................
Program decrease ..........................................................................
OPERATIONAL NUCLEAR POWER SYSTEMS .............................
MARINE CORPS COMMUNICATIONS SYSTEMS .........................
Hydrogen Fuel Cell for small-UAS ...............................................
COMMON AVIATION COMMAND AND CONTROL SYSTEM
(CAC2S).
MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.
MARINE CORPS COMBAT SERVICES SUPPORT ........................
USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS ...
TACTICAL AIM MISSILES ...............................................................
ADVANCED
MEDIUM
RANGE
AIR-TO-AIR
MISSILE
(AMRAAM).
PLANNING AND DECISION AID SYSTEM (PDAS) .....................
(1035098|1)
FY 2026
Request
Conference
Authorized
59,077
41,129
103,397
138,443
44,644
59,077
41,129
103,397
138,443
44,644
6,984
6,984
58,817
16,906
58,817
16,906
23,818
170,567
11,936
7,431,995
23,818
170,567
11,936
7,272,595
25,133
14,191
61,946
3,596
31,695
133,538
3,709
151,479
463,725
30,880
22,563
7,325
28,816
42,751
4,732
25,133
14,191
61,946
3,596
31,695
133,538
3,709
151,479
447,924
[–15,801]
30,880
22,563
7,325
28,816
42,751
4,732
37,551
2,653
2,041
37,551
2,653
2,041
1,068,324
1,052,523
494,034
444,634
[–49,400]
428,110
[–47,600]
56,140
136,436
807,099
63,252
56,401
52,404
369,863
151,177
475,710
56,140
136,436
807,099
63,252
56,401
52,404
369,863
151,177
71,800
1,990
32,045
199,067
115,834
33,659
84,338
127,421
17,813
71,800
1,990
32,045
199,067
115,834
33,659
84,338
123,721
[9,000]
[–12,700]
209,200
128,488
[3,000]
17,813
70,139
70,139
20,419
34,289
34,650
26,286
20,419
34,289
34,650
26,286
3,572
3,572
209,200
125,488
G:\CMTE\AS\26\C\RCP.XML
1947
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
242
243
244
247
248
250
0303138N
0303140N
0305192N
0305208M
0305220N
0305232M
252
253
255
256
257
258
259
259A
0305241N
0305242M
0305421N
0307577N
0308601N
0702207N
0708730N
9999999999
260
0608013N
261
0608231N
Item
AFLOAT NETWORKS ........................................................................
INFORMATION SYSTEMS SECURITY PROGRAM .......................
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ......
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .........
MQ–4C TRITON ..................................................................................
RQ–11 UAV ..........................................................................................
Maritimization of the Long-Range Long-Endurance (LR/LE)
SUAS.
MULTI-INTELLIGENCE SENSOR DEVELOPMENT ...................
UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ........
MQ–4C TRITON MODERNIZATION ................................................
INTELLIGENCE MISSION DATA (IMD) ........................................
MODELING AND SIMULATION SUPPORT ...................................
DEPOT MAINTENANCE (NON-IF) .................................................
MARITIME TECHNOLOGY (MARITECH) ......................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT
PROGRAMS
RISK MANAGEMENT INFORMATION—SOFTWARE PILOT
PROGRAM.
MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—
SOFTWARE PILOT PROGRAM.
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.
TOTAL RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, NAVY.
001
0601102F
002
0601103F
003
004
0602020F
0602022F
005
0602102F
007
008
0602202F
0602203F
009
011
0602204F
0602298F
012
013
014
015
0602336F
0602602F
0602605F
0602788F
016
017
0603032F
0603112F
018
019
020
0603199F
0603203F
0603211F
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES .................................................
Material Flexibility and New Applications in Quantum Electronics Research.
UNIVERSITY RESEARCH INITIATIVES .......................................
SUBTOTAL BASIC RESEARCH ...........................................
APPLIED RESEARCH
FUTURE AF CAPABILITIES APPLIED RESEARCH ...................
UNIVERSITY AFFILIATED RESEARCH CENTER (UARC)—
TACTICAL AUTONOMY.
MATERIALS ........................................................................................
Advanced Aerospace Materials ......................................................
Advanced Composites in Hypersonics & Attritable Aircraft Research.
Advanced materials science for manufacturing research ..............
Metals Affordability Iniatitive .......................................................
HUMAN EFFECTIVENESS APPLIED RESEARCH ......................
AEROSPACE SYSTEMS TECHNOLOGIES .....................................
Computational Methods and Hardware Validation of UAVs ........
High Mach Turbine Engine ..........................................................
Integrated hypersonic propulsion technology maturation .............
AEROSPACE SENSORS .....................................................................
SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR
HEADQUARTERS ACTIVITIES.
NUCLEAR DELIVERY SYSTEMS TECH EXPLORATION ..........
CONVENTIONAL MUNITIONS ........................................................
DIRECTED ENERGY TECHNOLOGY .............................................
DOMINANT INFORMATION SCIENCES AND METHODS ..........
Agile, Assured, and Autonomous Battle Management Network
and Readiness Accelerator (3A-BMN).
Counter UAS advanced detection systems pilot program .............
Dependable AI for National Security ............................................
Distributed Quantum Networking Testbed and Quantum Cloud
Computing Environment.
Photonic Quantum Computing ......................................................
SUBTOTAL APPLIED RESEARCH .....................................
ADVANCED TECHNOLOGY DEVELOPMENT
FUTURE AF INTEGRATED TECHNOLOGY DEMOS ..................
ADVANCED MATERIALS FOR WEAPON SYSTEMS ...................
Tier 2.5 LO Platform Inspection System .....................................
SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...............
ADVANCED AEROSPACE SENSORS ..............................................
AEROSPACE TECHNOLOGY DEV/DEMO ......................................
(1035098|1)
FY 2026
Request
Conference
Authorized
70,742
64,147
3,311
61,238
14,421
1,063
70,742
64,147
3,311
61,238
14,421
7,063
[6,000]
41,414
9,157
361,943
803
12,389
23,372
3,600
2,554,769
7,092,895
41,414
9,157
361,943
803
12,389
23,372
3,600
2,554,769
7,001,195
13,341
13,341
12,520
12,520
25,861
25,861
25,708,049
25,732,646
302,716
322,716
[20,000]
94,121
396,837
94,121
416,837
78,214
6,294
78,214
6,294
147,422
172,422
[2,500]
[10,000]
133,928
321,059
199,120
10,813
4,969
125,102
92,331
187,036
[10,000]
[2,500]
133,928
338,559
[5,000]
[10,000]
[2,500]
199,120
10,813
4,969
125,102
92,331
224,536
[5,000]
[5,000]
[15,000]
[10,000]
1,306,288
268,754
31,021
12,915
69,652
102,125
[2,500]
1,386,288
268,754
33,521
[2,500]
12,915
69,652
194,625
G:\CMTE\AS\26\C\RCP.XML
1948
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
023
0603273F
025
0603456F
026
027
028
0603601F
0603605F
0603680F
029
0603788F
030
0604776F
032
033
034
035
036
037
0603260F
0603742F
0603790F
0603851F
0604001F
0604003F
039
040
0604005F
0604007F
041
042
043
047
0604009F
0604010F
0604015F
0604183F
049
052
053
0604257F
0604317F
0604327F
054
055
056
057
058
059
0604336F
0604414F
0604609F
0604668F
0604776F
0604858F
060
0604860F
061
063
064
0605057F
0606004F
0606005F
066
067
068
071
072
073
074
075
076
077
078
079
0207147F
0207179F
0207420F
0207455F
0207522F
0207606F
0208030F
0303010F
0305236F
0305601F
0701200F
0708051F
080
081
082
083
0808736F
0808737F
0901410F
1206415F
084
085
086
087
0604200F
0604201F
0604222F
0604270F
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
Hybrid-Electric Propulsion Combat Ready Airman (CRA) Flight
Demonstrator.
Multi-role CCA propulsion .............................................................
SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS.
HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.
CONVENTIONAL WEAPONS TECHNOLOGY ...............................
ADVANCED WEAPONS TECHNOLOGY .........................................
MANUFACTURING TECHNOLOGY PROGRAM ............................
Additive Manufacturing for Engineer Components .......................
BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.
DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ..............
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
INTELLIGENCE ADVANCED DEVELOPMENT ...........................
COMBAT IDENTIFICATION TECHNOLOGY ................................
NATO RESEARCH AND DEVELOPMENT .....................................
INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ..........
NC3 ADVANCED CONCEPTS ...........................................................
ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) ............
Program decrease ..........................................................................
NC3 COMMERCIAL DEVELOPMENT & PROTOTYPING ............
E–7 ........................................................................................................
E–7 continued development and procurement ..............................
AFWERX ..............................................................................................
NEXT GENERATION ADAPTIVE PROPULSION .........................
LONG RANGE STRIKE—BOMBER .................................................
HYPERSONICS
PROTOTYPING—HYPERSONIC
ATTACK
CRUISE MISSILE (HACM).
ADVANCED TECHNOLOGY AND SENSORS ................................
TECHNOLOGY TRANSFER ..............................................................
HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM
(HDBTDS) PROGRAM.
NUCLEAR DELIVERY SYSTEMS PROTOTYPING .......................
CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ....................
REQUIREMENTS ANALYSIS & CONCEPT MATURATION ........
JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS) ..
DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ..............
TECH TRANSITION PROGRAM ......................................................
Program decrease ..........................................................................
OPERATIONAL ENERGY AND INSTALLATION RESILIENCE
Operational energy program increase ............................................
NEXT GENERATION AIR-REFUELING SYSTEM ........................
NUCLEAR ENTERPRISE RESEARCH & DEVELOPMENT ........
DIGITAL TRANSFORMATION OFFICE .........................................
Adaptive Threat Modeling Lab .....................................................
COLLABORATIVE COMBAT AIRCRAFT ........................................
AUTONOMOUS COLLABORATIVE PLATFORMS .........................
COMBAT IDENTIFICATION ............................................................
THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) .......
AIRBASE AIR DEFENSE SYSTEMS (ABADS) ..............................
JOINT SIMULATION ENVIRONMENT (JSE) ...............................
WAR RESERVE MATERIEL—AMMUNITION ...............................
AF ISR DIGITAL INFRASTRUCTURE ...........................................
COMMON DATA LINK EXECUTIVE AGENT (CDL EA) .............
MISSION PARTNER ENVIRONMENTS ..........................................
ENTERPRISE SELECT CLASS II ...................................................
RAPID SUSTAINMENT MODERNIZATION (RSM) .......................
B–21 Additive Manufacturing .......................................................
Condition Based Predictive Maintenance ......................................
SPECIAL VICTIM ACCOUNTABILITY AND INVESTIGATION ..
INTEGRATED PRIMARY PREVENTION .......................................
CONTRACTING INFORMATION TECHNOLOGY SYSTEM .........
U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT
SUPPORT.
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS .......
PNT RESILIENCY, MODS, AND IMPROVEMENTS .....................
NUCLEAR WEAPONS SUPPORT ....................................................
ELECTRONIC WARFARE DEVELOPMENT ..................................
(1035098|1)
FY 2026
Request
Conference
Authorized
[90,000]
128,407
[2,500]
128,407
19,790
19,790
99,263
4,434
38,891
30,812
99,263
4,434
42,891
[4,000]
30,812
28,316
834,380
28,316
933,380
3,901
25,172
4,595
90,096
15,910
1,040,475
18,499
330,270
2,347,225
802,810
3,901
25,172
4,595
90,096
15,910
1,022,475
[–18,000]
67,081
846,676
[647,000]
18,499
330,270
2,347,225
802,810
40,779
3,558
144,143
40,779
3,558
144,143
56,926
46,148
22,754
129,626
4,996
134,833
1,997
5,167
29,277
36,913
56,926
46,148
22,754
129,626
4,996
121,433
[–13,400]
59,460
[10,000]
12,960
1,097
30,997
[15,000]
111,365
62,019
1,713
17,344
15,785
260,667
9,865
24,817
32,511
14,956
1,000
62,666
[15,000]
[15,000]
1,997
5,167
29,277
36,913
6,267,049
6,937,649
36,125
125,663
79,312
17,013
36,125
125,663
79,312
17,013
67,081
199,676
49,460
12,960
1,097
15,997
111,365
62,019
1,713
17,344
15,785
260,667
9,865
24,817
32,511
14,956
1,000
32,666
G:\CMTE\AS\26\C\RCP.XML
1949
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
088
089
090
091
092
093
094
095
0604281F
0604287F
0604288F
0604602F
0604604F
0604617F
0604706F
0604735F
096
097
100
101
103
0604932F
0604933F
0605056F
0605223F
0605238F
104
106
107
109
110
111
112
114
117
0605296F
0207039F
0207110F
0207279F
0207328F
0207407F
0207701F
0303008F
0305155F
120
0401221F
121
122
123
0401319F
0701212F
0804772F
125
126
127
0604256F
0604759F
0605101F
129
130
0605712F
0605807F
133
134
136
137
138
0605829F
0605831F
0605833F
0605898F
0605976F
139
0605978F
140
0606017F
141
142
0606398F
0208201F
143
0303255F
144
145
0308602F
0702806F
146
148
0804776F
1001004F
149
150
153
0604233F
0604283F
0604840F
154
155
157
158
159
0605018F
0605024F
0605229F
0605278F
0606018F
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
TACTICAL DATA NETWORKS ENTERPRISE ..............................
PHYSICAL SECURITY EQUIPMENT ..............................................
SURVIVABLE AIRBORNE OPERATIONS CENTER (SAOC) .......
ARMAMENT/ORDNANCE DEVELOPMENT ..................................
SUBMUNITIONS ................................................................................
AGILE COMBAT SUPPORT ..............................................................
LIFE SUPPORT SYSTEMS ...............................................................
COMBAT TRAINING RANGES .........................................................
Innovative Targeting Systems Technology ....................................
LONG RANGE STANDOFF WEAPON .............................................
ICBM FUZE MODERNIZATION ......................................................
OPEN ARCHITECTURE MANAGEMENT .......................................
ADVANCED PILOT TRAINING ........................................................
GROUND BASED STRATEGIC DETERRENT EMD .....................
Restoration of full funding for Sentinel ICBM program EMD ....
MICROELECTRONICS SECURE ENCLAVE ..................................
COGNITIVE ELECTROMAGNETIC WARFARE .............................
F–47 ......................................................................................................
ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY ...
STAND IN ATTACK WEAPON .........................................................
ELECTROMAGNETIC BATTLE MANAGEMENT (EMBM) ..........
FULL COMBAT MISSION TRAINING ............................................
SATURN ...............................................................................................
THEATER NUCLEAR WEAPON STORAGE & SECURITY SYSTEM.
KC–46A TANKER SQUADRONS ......................................................
Program delay ...............................................................................
VC–25B .................................................................................................
AUTOMATED TEST SYSTEMS ........................................................
TRAINING DEVELOPMENTS ..........................................................
Competency Based Adaptive Learning ..........................................
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT .......................................
MAJOR T&E INVESTMENT .............................................................
RAND PROJECT AIR FORCE ..........................................................
Program decrease ..........................................................................
INITIAL OPERATIONAL TEST & EVALUATION .........................
TEST AND EVALUATION SUPPORT .............................................
Hypersonic Digital Model Upgrades .............................................
Program decrease ..........................................................................
ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS .................
ACQ WORKFORCE- CAPABILITY INTEGRATION .......................
ACQ WORKFORCE- NUCLEAR SYSTEMS .....................................
MANAGEMENT HQ—R&D ................................................................
FACILITIES RESTORATION AND MODERNIZATION—TEST
AND EVALUATION SUPPORT.
FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.
REQUIREMENTS ANALYSIS AND MATURATION ......................
Program decrease ..........................................................................
MANAGEMENT HQ—T&E ................................................................
OFFENSIVE SMALL UNMANNED AIRCRAFT SYSTEMS
(SUAS).
COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS
(C4)—STRATCOM.
NC3 network sensor demonstration ..............................................
NC3 REACH .................................................................................
ENTEPRISE INFORMATION SERVICES (EIS) ............................
ACQUISITION AND MANAGEMENT SUPPORT ...........................
Program decrease ..........................................................................
ADVANCED DISTRIBUTED LEARNING .......................................
INTERNATIONAL ACTIVITIES .......................................................
SUBTOTAL MANAGEMENT SUPPORT ............................
OPERATIONAL SYSTEM DEVELOPMENT
SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ...........
BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT .........
F–35 C2D2 ...........................................................................................
Block 4 Delays ...............................................................................
Power Thermal Management Systems Analysis ............................
AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS)
ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...............
HH–60W ...............................................................................................
HC/MC–130 RECAP RDT&E ..............................................................
NC3 INTEGRATION ...........................................................................
(1035098|1)
FY 2026
Request
77,170
10,589
1,826,328
7,253
3,502
23,474
20,542
139,499
606,955
3,252
44,150
172,378
2,647,563
104,990
44,267
2,579,362
99,248
255,336
20,439
12,898
4,985
19,875
145,434
602,318
30,341
5,067
9,765,328
41,125
156,915
32,405
Conference
Authorized
77,170
10,589
1,826,328
7,253
3,502
23,474
20,542
145,499
[6,000]
606,955
3,252
44,150
172,378
3,847,563
[1,200,000]
104,990
44,267
2,579,362
99,248
255,336
20,439
12,898
4,985
19,875
118,535
[–26,899]
602,318
30,341
8,267
[3,200]
10,947,629
435,918
1,153,165
368,881
5,960
217,761
41,125
156,915
26,005
[–6,400]
13,872
1,091,571
[6,400]
[–13,700]
435,918
1,153,165
368,881
5,960
217,761
91,969
91,969
28,157
7,417
4,985
23,857
[–4,300]
7,417
4,985
15,662
41,662
13,872
1,098,871
101,779
22,670
1,698
4,430
3,803,640
66,200
17,353
1,182,094
64,050
62,965
43,579
50,845
40,066
[11,000]
[15,000]
101,779
13,270
[–9,400]
1,698
4,430
3,802,240
66,200
17,353
979,394
[–208,700]
[6,000]
64,050
62,965
43,579
50,845
40,066
G:\CMTE\AS\26\C\RCP.XML
1950
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
160
161
162
163
164
165
166
167
169
170
0101113F
0101122F
0101126F
0101127F
0101213F
0101316F
0101318F
0101328F
0102110F
0102326F
171
172
173
174
176
177
178
179
180
181
182
183
0102417F
0202834F
0205219F
0205671F
0207133F
0207134F
0207136F
0207138F
0207142F
0207146F
0207161F
0207163F
184
186
188
189
191
0207172F
0207238F
0207247F
0207249F
0207268F
192
193
194
0207325F
0207327F
0207410F
195
198
199
200
202
203
204
206
208
209
210
211
0207412F
0207431F
0207438F
0207439F
0207452F
0207457F
0207521F
0207590F
0207611F
0207697F
0207701F
0208006F
212
213
214
218
219
220
226
0208007F
0208087F
0208088F
0208288F
0301025F
0301113F
0301377F
228
0301401F
229
230
232
233
0302015F
0302315F
0303089F
0303131F
234
235
236
237
238
0303133F
0303140F
0303248F
0303260F
0304100F
239
242
243
247
248
249
250
251
252
0304109F
0304260F
0304310F
0305020F
0305022F
0305099F
0305103F
0305111F
0305114F
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
B–52 SQUADRONS .............................................................................
AIR-LAUNCHED CRUISE MISSILE (ALCM) .................................
B–1B SQUADRONS ............................................................................
B–2 SQUADRONS ...............................................................................
MINUTEMAN SQUADRONS .............................................................
WORLDWIDE JOINT STRATEGIC COMMUNICATIONS .............
SERVICE SUPPORT TO STRATCOM—GLOBAL STRIKE ..........
ICBM REENTRY VEHICLES ............................................................
MH–139A ..............................................................................................
REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.
OVER-THE-HORIZON BACKSCATTER RADAR ...........................
VEHICLES AND SUPPORT EQUIPMENT—GENERAL ...............
MQ–9 UAV ...........................................................................................
JOINT COUNTER RCIED ELECTRONIC WARFARE ..................
F–16 SQUADRONS .............................................................................
F–15E SQUADRONS ..........................................................................
MANNED DESTRUCTIVE SUPPRESSION ....................................
F–22A SQUADRONS ..........................................................................
F–35 SQUADRONS .............................................................................
F–15EX .................................................................................................
TACTICAL AIM MISSILES ...............................................................
ADVANCED
MEDIUM
RANGE
AIR-TO-AIR
MISSILE
(AMRAAM).
JOINT ADVANCED TACTICAL MISSILE (JATM) ........................
E–11A ...................................................................................................
AF TENCAP ........................................................................................
PRECISION ATTACK SYSTEMS PROCUREMENT .......................
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) .........
SMALL DIAMETER BOMB (SDB) ...................................................
AIR & SPACE OPERATIONS CENTER (AOC) ...............................
Program decrease ..........................................................................
CONTROL AND REPORTING CENTER (CRC) .............................
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...............
THEATER BATTLE MANAGEMENT (TBM) C4I ..........................
ELECTROMAGNETIC WARFARE INT REPROG (EWIR) ............
DCAPES ...............................................................................................
AIR FORCE SPECIAL WARFARE (SPECWAR) .............................
AIR FORCE CALIBRATION PROGRAMS .......................................
SEEK EAGLE ......................................................................................
READINESS DECISION SUPPORT ENTERPRISE ......................
DISTRIBUTED TRAINING AND EXERCISES ..............................
FULL COMBAT MISSION TRAINING ............................................
MISSION PLANNING SYSTEMS ......................................................
Program decrease ..........................................................................
TACTICAL DECEPTION ...................................................................
DISTRIBUTED CYBER WARFARE OPERATIONS .......................
AF DEFENSIVE CYBERSPACE OPERATIONS ............................
INTEL DATA APPLICATIONS .........................................................
GEOBASE ............................................................................................
CYBER SECURITY INTELLIGENCE SUPPORT ..........................
COUNTERING ADVANCED CONVENTIONAL WEAPONS
(CACW).
AF MULTI-DOMAIN NON-TRADITIONAL ISR BATTLESPACE
AWARENESS.
E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC)
NON-KINETIC COUNTERMEASURE SUPPORT ..........................
CYBERSPACE AND DODIN OPERATIONS ...................................
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
HIGH FREQUENCY RADIO SYSTEMS ..........................................
INFORMATION SYSTEMS SECURITY PROGRAM .......................
ALL DOMAIN COMMON PLATFORM .............................................
JOINT MILITARY DECEPTION INITIATIVE ...............................
STRATEGIC MISSION PLANNING & EXECUTION SYSTEM
(SMPES).
THRESHER .........................................................................................
AIRBORNE SIGINT ENTERPRISE .................................................
COMMERCIAL ECONOMIC ANALYSIS ..........................................
CCMD INTELLIGENCE INFORMATION TECHNOLOGY ...........
ISR MODERNIZATION & AUTOMATION DVMT (IMAD) ............
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........................
CYBER SECURITY INITIATIVE ......................................................
WEATHER SERVICE .........................................................................
AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS).
(1035098|1)
FY 2026
Request
Conference
Authorized
931,164
555
116,589
12,519
106,032
24,081
6,928
259,605
5,982
726
931,164
555
116,589
12,519
106,032
24,081
6,928
259,605
5,982
726
132,097
744
26,689
3,424
216,638
233,018
17,680
852,332
48,446
78,345
86,549
51,242
132,097
744
26,689
3,424
216,638
233,018
17,680
852,332
48,446
78,345
86,549
51,242
425,029
15,244
52,492
13,613
52,734
425,029
15,244
52,492
13,613
52,734
232,252
24,810
113,086
13,711
31,197
95,034
1,012
999
14,749
1,117
232,252
24,810
101,786
[–11,300]
17,569
33,601
6,787
60,072
8,507
27,526
2,273
33,707
8,880
4,399
8,096
124,945
[–13,800]
13,711
31,197
95,034
1,012
999
14,749
1,117
2,987
2,987
54,457
7,006
10,080
99,599
54,457
7,006
10,080
99,599
19,955
98,414
76,642
356
75,164
19,955
98,414
76,642
356
75,164
105
90,650
4,127
1,547
22,237
4,257
310
30,509
17,259
105
90,650
4,127
1,547
22,237
4,257
310
30,509
17,259
17,569
33,601
6,787
60,072
8,507
27,526
2,273
33,707
8,880
4,399
8,096
138,745
G:\CMTE\AS\26\C\RCP.XML
1951
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
253
256
257
258
259
261
262
263
265
266
267
268
269
0305116F
0305128F
0305146F
0305158F
0305179F
0305206F
0305207F
0305208F
0305221F
0305238F
0305240F
0305249F
0305600F
270
272
0305836F
0305903F
273
274
276
277
0305984F
0307577F
0401119F
0401130F
278
279
281
283
284
285
286
287
288
289
290
0401132F
0401134F
0401318F
0708610F
0801380F
0804743F
0901202F
0901218F
0901220F
0901226F
0901538F
291
292
293A
0901554F
1201921F
9999999999
Item
AERIAL TARGETS .............................................................................
SECURITY AND INVESTIGATIVE ACTIVITIES ..........................
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ......
TACTICAL TERMINAL .....................................................................
INTEGRATED BROADCAST SERVICE (IBS) ................................
AIRBORNE RECONNAISSANCE SYSTEMS ...................................
MANNED RECONNAISSANCE SYSTEMS ......................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .........
NETWORK-CENTRIC COLLABORATIVE TARGETING ..............
NATO AGS ...........................................................................................
ISR TRANSPORT AND PROCESSING ............................................
AF JWICS ENTERPRISE ..................................................................
INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.
C2IMERA .............................................................................................
COCOM MOBILE COMMAND AND CONTROL CENTERS
(MCCCS).
PERSONNEL RECOVERY COMMAND & CTRL (PRC2) ...............
INTELLIGENCE MISSION DATA (IMD) ........................................
C–5 AIRLIFT SQUADRONS (IF) ......................................................
C–17 AIRCRAFT (IF) .........................................................................
Program increase ...........................................................................
C–130J PROGRAM ..............................................................................
LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ...........
CV–22 ....................................................................................................
LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .................
AF LVC OPERATIONAL TRAINING (LVC-OT) .............................
OTHER FLIGHT TRAINING ............................................................
JOINT PERSONNEL RECOVERY AGENCY ..................................
CIVILIAN COMPENSATION PROGRAM .........................................
PERSONNEL ADMINISTRATION ...................................................
AIR FORCE STUDIES AND ANALYSIS AGENCY ........................
FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.
DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) ...
SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES ......
CLASSIFIED PROGRAMS .................................................................
Acceleration of Air Force program ................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
TOTAL RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, AIR FORCE.
001
002
0601102SF
0601103SF
004
1206601SF
005
1206616SF
006
1206310SF
007
1206616SF
008
009
010
0604002SF
1203010SF
1203164SF
011
012
013
014
1203622SF
1203710SF
1203955SF
1206410SF
015
016
017
1206427SF
1206438SF
1206458SF
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, SPACE FORCE
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES .................................................
UNIVERSITY RESEARCH INITIATIVES .......................................
SUBTOTAL BASIC RESEARCH ...........................................
APPLIED RESEARCH
SPACE TECHNOLOGY ......................................................................
Space Modeling, Simulation, & Analysis Hub ...............................
SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO ....
SUBTOTAL APPLIED RESEARCH .....................................
ADVANCED TECHNOLOGY DEVELOPMENT
SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.
SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO ....
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
SPACE FORCE WEATHER SERVICES RESEARCH ....................
SPACE FORCE IT, DATA ANALYTICS, DIGITAL SOLUTIONS
NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE).
SPACE WARFIGHTING ANALYSIS ................................................
EO/IR WEATHER SYSTEMS ............................................................
SPACE ACCESS, MOBILITY & LOGISTICS (SAML) .....................
SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING
SDA Tranche 3 Transport Layer .................................................
SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) .............
SPACE CONTROL TECHNOLOGY ..................................................
TECH TRANSITION (SPACE) ..........................................................
(1035098|1)
FY 2026
Request
Conference
Authorized
5,081
8,964
6,524
1,099
19,085
25,432
16,643
79,033
12,019
816
32,578
21,097
18,946
5,081
8,964
6,524
1,099
19,085
25,432
16,643
79,033
12,019
816
32,578
21,097
18,946
13,867
3,988
13,867
3,988
2,891
3,000
33,713
76,514
2,891
3,000
33,713
104,514
[28,000]
31,354
52,928
653
18,581
33,898
2,371
2,080
4,355
2,766
14,761
3,982
31,354
52,928
653
18,581
33,898
2,371
2,080
4,355
2,766
14,761
3,982
38,942
335
22,264,031
29,643,766
38,942
335
22,385,031
[121,000]
29,564,966
52,017,288
53,988,989
22,270
14,569
36,839
22,270
14,569
36,839
245,497
2,591
248,088
252,997
[7,500]
2,591
255,588
459,989
459,989
128,588
588,577
128,588
588,577
857
88,606
175,304
857
88,606
175,304
125,982
77,135
14,478
1,307,970
125,982
77,135
14,478
1,807,970
[500,000]
67,246
60,106
326,144
67,246
60,106
326,144
G:\CMTE\AS\26\C\RCP.XML
1952
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
018
019
020
021
022
023
Program
Element
1206730SF
1206760SF
1206761SF
1206855SF
1206857SF
1206862SF
025
1203269SF
026
027
028
029
031
032
033
034
035
1206421SF
1206422SF
1206425SF
1206431SF
1206433SF
1206440SF
1206442SF
1206443SF
1206444SF
036
037
1206445SF
1206446SF
038
1206447SF
039
1206771SF
040
1206853SF
044
045
046
047
048
049
1206392SF
1206398SF
1206399SF
1206759SF
1206860SF
1206864SF
051
1201212SF
052
053
054
055
056
057
058
059
1203001SF
1203040SF
1203109SF
1203110SF
1203154SF
1203155SF
1203173SF
1203174SF
060
061
062
063
1203182SF
1203330SF
1203609SF
1203873SF
064
066
067
068
1203906SF
1203913SF
1203940SF
1206423SF
073
075
075A
1206772SF
1208053SF
9999999999
076
1208248SF
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
SPACE SECURITY AND DEFENSE PROGRAM ............................
PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ........
PROTECTED TACTICAL SERVICE (PTS) .....................................
EVOLVED STRATEGIC SATCOM (ESS) .........................................
SPACE RAPID CAPABILITIES OFFICE ........................................
TACTICALLY RESPONSIVE SPACE ...............................................
Tactically Responsive Space ..........................................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
GPS III FOLLOW-ON (GPS IIIF) .....................................................
Resilient GPS (R-GPS) .................................................................
COUNTERSPACE SYSTEMS ............................................................
WEATHER SYSTEM FOLLOW-ON ..................................................
SPACE SITUATION AWARENESS SYSTEMS ...............................
ADVANCED EHF MILSATCOM (SPACE) .......................................
WIDEBAND GLOBAL SATCOM (SPACE) .......................................
NEXT-GEN OPIR—GROUND ...........................................................
NEXT GENERATION OPIR ..............................................................
NEXT-GEN OPIR—GEO ....................................................................
NEXT-GEN OPIR—POLAR ...............................................................
Program increase ...........................................................................
COMMERCIAL SATCOM (COMSATCOM) INTEGRATION ...........
RESILIENT MISSILE WARNING MISSILE TRACKING—LOW
EARTH ORBIT (LEO).
RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO).
COMMERCIAL SERVICES ................................................................
Tactical Surveillance, Reconnaissance, and Tracking (SRT) .......
NATIONAL
SECURITY
SPACE
LAUNCH
PROGRAM
(SPACE)—EMD.
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.
MANAGEMENT SUPPORT
ACQ WORKFORCE—SPACE & MISSILE SYSTEMS .....................
SPACE & MISSILE SYSTEMS CENTER—MHA ............................
SSC ENTERPRISE ENGINEERING & INTEGRATION ................
MAJOR T&E INVESTMENT—SPACE .............................................
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) .....................
SPACE TEST PROGRAM (STP) .......................................................
SUBTOTAL MANAGEMENT SUPPORT ............................
OPERATIONAL SYSTEM DEVELOPMENT
SERVICE-WIDE SUPPORT (NOT OTHERWISE ACCOUNTED
FOR).
FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ...............
DCO-SPACE .........................................................................................
NARROWBAND SATELLITE COMMUNICATIONS .......................
SATELLITE CONTROL NETWORK (SPACE) ...............................
LONG RANGE KILL CHAINS ..........................................................
GROUND MOVING TARGET INDICATOR (GMTI) .......................
SPACE AND MISSILE TEST AND EVALUATION CENTER ......
SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT.
SPACELIFT RANGE SYSTEM (SPACE) .........................................
SPACE SUPERIORITY ISR ...............................................................
PLEO SATCOM (MILNET) ................................................................
BALLISTIC MISSILE DEFENSE RADARS ....................................
PARCS radar upgrades .................................................................
NCMC—ITW/AA SYSTEM .................................................................
NUDET DETECTION SYSTEM (SPACE) .......................................
SPACE SITUATION AWARENESS OPERATIONS ........................
GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.
RAPID RESILIENT COMMAND AND CONTROL (R2C2) ............
JOINT TACTICAL GROUND SYSTEM ............................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT
PROGRAMS
SPACE DOMAIN AWARENESS/PLANNING/TASKING SW .........
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.
(1035098|1)
FY 2026
Request
45,200
114,430
571,921
1,229,929
9,664
33,282
4,248,254
179,249
Conference
Authorized
45,200
114,430
571,921
1,229,929
9,664
93,282
[60,000]
4,808,254
132,060
1,757,354
194,249
[15,000]
31,298
38,501
992
13,825
29,609
358,330
189,621
432,073
474,889
[474,889]
132,060
1,757,354
686,348
686,348
36,628
6,595
86,628
[50,000]
6,595
3,892,483
4,432,372
269,162
15,356
110,598
189,083
19,857
28,787
632,843
269,162
15,356
110,598
189,083
19,857
28,787
632,843
18,451
18,451
303
102,439
421,847
93,780
1,916
1,063,384
22,128
82,399
303
102,439
421,847
93,780
1,916
1,063,384
22,128
82,399
54,996
24,411
277,407
25,839
96,836
182,377
190,484
54,996
24,411
277,407
22,000
[22,000]
25,839
96,836
182,377
190,484
106,220
6,698
2,866,499
5,638,414
106,220
6,698
2,866,499
5,660,414
200,968
200,968
200,968
200,968
31,298
38,501
992
13,825
29,609
358,330
189,621
432,073
G:\CMTE\AS\26\C\RCP.XML
1953
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
Item
TOTAL RESEARCH, DEVELOPMENT,
AND EVALUATION, SPACE FORCE.
001
003
004
0601000BR
0601108D8Z
0601110D8Z
006
007
008
0601120D8Z
0601122E
0601228D8Z
009
0601384BP
010
011
012
013
014
016
017
018
0602000D8Z
0602023E
0602024E
0602025E
0602026E
0602128D8Z
0602230D8Z
0602234D8Z
019
0602251D8Z
021
022
0602384BP
0602668D8Z
028
0602718BR
029
0602751D8Z
030
0602890D8Z
031
032
0602891D8Z
1160401BB
033
035
0603000D8Z
0603055D8Z
037
0603122D8Z
038
039
040
0603133D8Z
0603142D8Z
0603160BR
042
043
044
0603176C
0603180C
0603183D8Z
045
0603225D8Z
048
049
050
051
0603288D8Z
0603289D8Z
0603330D8Z
0603342D8Z
052
053
054
0603375D8Z
0603379D8Z
0603384BP
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
TEST,
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
BASIC RESEARCH
DTRA BASIC RESEARCH .................................................................
HIGH ENERGY LASER RESEARCH INITIATIVES .....................
BASIC RESEARCH INITIATIVES ....................................................
Defense Established Program to Stimulate Competitive Research
Program increase ...........................................................................
NATIONAL DEFENSE EDUCATION PROGRAM ..........................
EMERGING OPPORTUNITIES ........................................................
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.
Program increase ...........................................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...............
SUBTOTAL BASIC RESEARCH ...........................................
APPLIED RESEARCH
JOINT MUNITIONS TECHNOLOGY ...............................................
ACCESS AND AWARENESS .............................................................
WARFIGHTING PERFORMANCE ....................................................
MAKING, MAINTAINING, SUPPLY CHAIN AND LOGISTICS ...
EFFECTS .............................................................................................
PROMOTION AND PROTECTION STRATEGIES .........................
DEFENSE TECHNOLOGY INNOVATION ......................................
LINCOLN LABORATORY RESEARCH PROGRAM .......................
Program increase ...........................................................................
APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T
PRIORITIES.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...............
CYBER SECURITY RESEARCH ......................................................
Pacific Intelligence and Innovation Initiative ...............................
COUNTER WEAPONS OF MASS DESTRUCTION APPLIED
RESEARCH.
Program decrease ..........................................................................
SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.
HIGH ENERGY LASER RESEARCH ...............................................
Advanced Optical Coatings for High Energy Lasers ....................
FSRM MODELLING ...........................................................................
SOF TECHNOLOGY DEVELOPMENT ............................................
Comprehensive Protective Cold Weather Layering System ..........
SUBTOTAL APPLIED RESEARCH .....................................
ADVANCED TECHNOLOGY DEVELOPMENT
JOINT MUNITIONS ADVANCED TECHNOLOGY ........................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ..........
Power generation ...........................................................................
TRISO ...........................................................................................
COMBATING TERRORISM TECHNOLOGY SUPPORT ................
Emerging Technology Cooperation ................................................
Israel Anti-Tunneling Cooperation ................................................
Israel Counter-UXS Program .......................................................
FOREIGN COMPARATIVE TESTING .............................................
MISSION ENGINEERING & INTEGRATION (ME&I) ...................
COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED
TECHNOLOGY DEVELOPMENT.
Program decrease ..........................................................................
ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT
ADVANCED RESEARCH ...................................................................
JOINT
HYPERSONIC
TECHNOLOGY
DEVELOPMENT
&TRANSITION.
Increased Hypersonic Operational Envelope Prototyping .............
JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.
ANALYTIC ASSESSMENTS ..............................................................
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ............
QUANTUM APPLICATION ...............................................................
DEFENSE INNOVATION UNIT (DIU) ...........................................
DIU OnRamp Hub ........................................................................
Integrated Wireless Optical Power Beaming and Communications System.
Small Electric Unmanned Surface Vehicles ..................................
TECHNOLOGY INNOVATION ..........................................................
ADVANCED TECHNICAL INTEGRATION .....................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.
(1035098|1)
FY 2026
Request
Conference
Authorized
15,486,466
16,615,855
15,643
16,817
82,264
146,010
360,456
99,610
15,643
16,817
110,264
[20,000]
[8,000]
146,010
360,456
114,610
36,582
757,382
[15,000]
36,582
800,382
19,734
100,791
278,121
1,347,049
20,275
3,166
46,261
11,479
53,983
230,751
17,988
19,734
100,791
278,121
1,347,049
20,275
3,166
46,261
26,479
[15,000]
53,983
161,495
230,751
22,988
[5,000]
156,495
8,883
[–5,000]
8,883
48,738
994
50,026
2,399,734
50,663
168,253
53,738
[5,000]
994
61,226
[11,200]
2,430,934
27,958
99,534
393,469
50,663
198,253
[10,000]
[20,000]
266,513
[35,000]
[80,000]
[70,000]
27,958
99,534
366,469
21,625
42,093
50,998
[–27,000]
21,625
42,093
60,998
35,505
[10,000]
35,505
81,513
41,010
57,457
59,521
19,654
19,991
247,043
41,010
57,457
59,521
16,000
[5,000]
[7,000]
[4,000]
19,654
19,991
247,043
G:\CMTE\AS\26\C\RCP.XML
1954
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
055
056
057
059
060
062
0603467E
0603468E
0603469E
0603618D8Z
0603662D8Z
0603680D8Z
063
0603680S
064
0603712S
065
066
0603716D8Z
0603720S
067
072
073
0603727D8Z
0603781D8Z
0603838D8Z
074
0603924D8Z
075
0603941D8Z
076
0603945D8Z
078
0604055D8Z
080
1160402BB
081
0603161D8Z
082
0603600D8Z
083
0603851D8Z
084
0603881C
085
0603882C
086
0603884BP
087
088
089
090
091
0603884C
0603890C
0603891C
0603892C
0603896C
092
0603898C
093
0603904C
094
095
096
097
098
0603906C
0603907C
0603913C
0603914C
0603915C
099
100
0603923D8Z
0604011D8Z
101
102
0604016D8Z
0604102C
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
DARPA ADVANCED TECHNOLOGY DEVELOPMENT ................
ADVANCED COMPLEX SYSTEMS ..................................................
ADVANCED ENABLING TECHNOLOGIES ...................................
JOINT ELECTRONIC ADVANCED TECHNOLOGY ......................
NETWORKED COMMUNICATIONS CAPABILITIES ....................
DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
Biotechnology Manufacturing ........................................................
Critical Minerals ............................................................................
Manufacturing Modernization .......................................................
Manufacturing of Advanced Composites for Hypersonics .............
Robotics Enhancements for Armaments Manufacturing ..............
MANUFACTURING TECHNOLOGY PROGRAM ............................
Aluminum-Scandium Alloy Prototype ...........................................
DLA Critical Materials ..................................................................
GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...........
MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND
SUPPORT.
JOINT WARFIGHTING PROGRAM .................................................
SOFTWARE ENGINEERING INSTITUTE .....................................
DEFENSE INNOVATION ACCELERATION (DIA) .......................
Insider Threat ...............................................................................
HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM.
Ultra-Short Pulsed Laser (USPL) Weapons Lethality .................
TEST & EVALUATION SCIENCE & TECHNOLOGY ....................
Digital Transformation Nexus ......................................................
Payload Dispense Mechanism for Reusable Hypersonic Test Bed
Reusable Hypersonic Test Bed Integration & Testing .................
INTERNATIONAL INNOVATION INITIATIVES ...........................
Critical Minerals for Energy Storage Solutions ............................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ..........
Micro-Reactor Program Advancement ..........................................
SOF ADVANCED TECHNOLOGY DEVELOPMENT .....................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY
EQUIPMENT RDT&E ADC&P.
WALKOFF ...........................................................................................
Program decrease ..........................................................................
ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION
PROGRAM.
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.
Secure, Assured, and Radiation Hardened Microelectronics ........
BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/
VAL.
BALLISTIC MISSILE DEFENSE SENSORS ..................................
BMD ENABLING PROGRAMS ..........................................................
SPECIAL PROGRAMS—MDA ...........................................................
AEGIS BMD .........................................................................................
BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL,
BATTLE MANAGEMENT AND COMMUNICATIONS (C2BMC).
BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT.
MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER
(MDIOC).
REGARDING TRENCH ......................................................................
SEA BASED X-BAND RADAR (SBX) ..............................................
ISRAELI COOPERATIVE PROGRAMS ............................................
BALLISTIC MISSILE DEFENSE TEST .........................................
BALLISTIC MISSILE DEFENSE TARGETS .................................
Advanced Reactive Target Simulation ..........................................
Affordable air-breathing hypersonic flight vehicle .........................
High Mach Airbreathing Targets ..................................................
Next Generation Hypersonic .........................................................
COALITION WARFARE .....................................................................
NEXT GENERATION INFORMATION COMMUNICATIONS
TECHNOLOGY (5G).
DEPARTMENT OF DEFENSE CORROSION PROGRAM .............
GUAM DEFENSE DEVELOPMENT ................................................
(1035098|1)
FY 2026
Request
1,643,465
350,695
335,647
20,575
19,937
409,493
Conference
Authorized
1,643,465
350,695
335,647
20,575
19,937
435,493
19,640
[5,000]
[3,500]
[10,000]
[2,500]
[5,000]
58,610
[3,000]
[5,000]
19,640
58,092
135,016
58,092
135,016
945
12,972
211,027
945
12,972
213,527
[2,500]
119,577
50,610
114,577
152,282
6,220,080
[5,000]
1,115,772
[5,000]
[5,000]
[10,000]
176,048
[3,000]
5,000
[5,000]
152,282
6,503,580
55,465
55,465
152,449
123,981
137,249
[–15,200]
123,981
508,898
518,898
825,919
[10,000]
825,919
272,940
272,940
197,641
646,039
498,630
588,440
634,183
197,641
646,039
498,630
588,440
634,183
45,758
45,758
55,097
55,097
29,608
166,813
300,000
463,079
514,904
10,090
41,815
29,608
166,813
300,000
463,079
544,404
[10,000]
[10,000]
[2,000]
[7,500]
10,090
41,815
2,545
128,485
2,545
128,485
1,095,772
173,048
G:\CMTE\AS\26\C\RCP.XML
1955
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
105
0604125D8Z
106
107
0604181C
0604250D8Z
108
109
112
0604294D8Z
0604331D8Z
0604400D8Z
113
114
117
119
120
121
0604551BR
0604555D8Z
0604682D8Z
0604791D8Z
0604797D8Z
0604826J
122
123
124
0604873C
0604874C
0604876C
125
126
127
128
0604878C
0604879C
0604880C
0604887C
129
0604924D8Z
130
131
133
135
136
0202057C
0208059JCY
0208086JCY
0305103C
0305245D8Z
139
1206895C
141
0604123D8Z
142
143
0604133D8Z
0604161D8Z
144
0604384BP
145
0604771D8Z
146
0605000BR
147
148
149
150
151
0605013BL
0605021SE
0605022D8Z
0605027D8Z
0605080S
152
0605141BR
153
0605210D8Z
154
155
0605294D8Z
0605649D8Z
156
0605755D8Z
157
159
160
161
0605772D8Z
0305282K
0305304D8Z
0305310D8Z
163
164
0603829J
0604122D8Z
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
ADVANCED MANUFACTURING COMPONENTS AND PROTOTYPES.
HYPERSONIC DEFENSE .................................................................
ADVANCED INNOVATIVE TECHNOLOGIES ................................
Project Pele ...................................................................................
Typhoon, Seaman’s Eye Predictive Autonomous Navigational
Routing.
TRUSTED & ASSURED MICROELECTRONICS ............................
RAPID PROTOTYPING PROGRAM .................................................
DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM
COMMON DEVELOPMENT.
CATAPULT INFORMATION SYSTEM ............................................
OPERATIONAL ENERGY PROTOTYPING—NON S&T ................
SUPPORT FOR STRATEGIC ANALYSIS ........................................
MULTI-DOMAIN JOINT OPERATIONS (MDJO) ...........................
JOINT ENERGETIC TRANSITION OFFICE .................................
JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
LONG RANGE DISCRIMINATION RADAR (LRDR) .....................
IMPROVED HOMELAND DEFENSE INTERCEPTORS ...............
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.
AEGIS BMD TEST .............................................................................
BALLISTIC MISSILE DEFENSE SENSOR TEST .........................
LAND-BASED SM–3 (LBSM3) ..........................................................
BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT
TEST.
HIGH ENERGY LASER ADVANCED COMPONENT DEVELOPMENT & PROTOTYPE.
SAFETY PROGRAM MANAGEMENT ..............................................
CYBERCOM ACTIVITIES ..................................................................
CYBER TRAINING ENVIRONMENT (CTE) ...................................
CYBER SECURITY INITIATIVE ......................................................
INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS.
Geospatial Workforce Development Program ...............................
BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES.
ALPHA–1 DEVELOPMENT ACTIVITIES .......................................
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY
EQUIPMENT RDT&E SDD.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ..
Program decrease ..........................................................................
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM
(JTIDS).
COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS
DEVELOPMENT.
INFORMATION TECHNOLOGY DEVELOPMENT ........................
HOMELAND PERSONNEL SECURITY INITIATIVE ...................
DEFENSE EXPORTABILITY PROGRAM .......................................
OUSD(C) IT DEVELOPMENT INITIATIVES .................................
DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM.
MISSION ASSURANCE RISK MANAGEMENT SYSTEM
(MARMS).
DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.
TRUSTED & ASSURED MICROELECTRONICS ............................
ACQUISITION INTEGRATION AND INTEROPERABILITY
(AI2).
RADIOLOGICAL AND NUCLEAR DEFENSE MODERNIZATION SYSTEM DEVELOPMENT AND DEMONSTRATION.
NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS ........
JOINT FIRES NETWORK (JFN) .....................................................
REAL PROPERTY INFORMATION MANAGEMENT ....................
COUNTERPROLIFERATION ADVANCED DEVELOPMENT ......
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.
MANAGEMENT SUPPORT
JOINT CAPABILITY EXPERIMENTATION ...................................
JADC2 DEVELOPMENT AND EXPERIMENTATION ACTIVITIES.
(1035098|1)
FY 2026
Request
Conference
Authorized
45,513
45,513
200,627
749,452
200,627
762,452
[10,000]
[3,000]
512,151
235,292
2,142
512,151
235,292
2,142
4,161
55,005
2,776
20,343
3,000
25,889
4,161
55,005
2,776
20,343
3,000
25,889
60,443
1,582,414
37,784
60,443
1,582,414
37,784
153,618
68,699
24,555
38,325
153,618
68,699
24,555
38,325
5,589
5,589
1,806
30,212
124,971
2,131
43,596
1,806
30,212
124,971
2,131
48,596
97,061
10,390,334
[5,000]
97,061
10,432,634
9,196
9,196
441,821
12,874
441,821
12,874
255,630
10,527
199,880
[–55,750]
10,527
14,931
14,931
1,283
9,137
6,780
9,765
31,714
1,283
9,137
6,780
9,765
31,714
9,573
9,573
9,366
9,366
143,475
13,556
143,475
13,556
3,307
3,307
3,158
10,000
6,473
12,107
1,014,673
3,158
10,000
6,473
12,107
958,923
13,822
297,801
13,822
297,801
G:\CMTE\AS\26\C\RCP.XML
1956
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
165
166
167
0604774D8Z
0604875D8Z
0604940D8Z
168
170
171
0604942D8Z
0605001E
0605100D8Z
172
0605126J
174
175
176
177
0605142D8Z
0605151D8Z
0605161D8Z
0605170D8Z
178
0605200D8Z
179
186
187
0605384BP
0605711D8Z
0605790D8Z
188
189
190
191
0605797D8Z
0605798D8Z
0605801KA
0605803SE
192
193
194
0605804D8Z
0605898E
0605998KA
195
196
197
199
200
201
202
203
204
205
206
207
208
209
210
211
213
214
0606005D8Z
0606100D8Z
0606114D8Z
0606225D8Z
0606300D8Z
0606301D8Z
0606771D8Z
0606774D8Z
0606775D8Z
0606829D8Z
0606853BR
0203345D8Z
0204571J
0208045K
0303169D8Z
0305172K
0305208K
0305248J
215
0804768J
216
0808709SE
217
218
219
219A
0808737SE
0901598C
0903235K
9999999999
220
0604011D8Z
223
0607162D8Z
224
0607210D8Z
225
226
0607310D8Z
0607327T
227
0607384BP
228
0607757D8Z
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Item
DEFENSE READINESS REPORTING SYSTEM (DRRS) .............
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .................
CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).
ASSESSMENTS AND EVALUATIONS ............................................
MISSION SUPPORT ...........................................................................
JOINT MISSION ENVIRONMENT TEST CAPABILITY
(JMETC).
JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).
SYSTEMS ENGINEERING ................................................................
STUDIES AND ANALYSIS SUPPORT—OSD .................................
NUCLEAR MATTERS-PHYSICAL SECURITY ...............................
SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.
GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY).
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...............
CRITICAL TECHNOLOGY ANALYSIS ............................................
SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL
BUSINESS TECHNOLOGY TRANSFER (STTR) ADMINISTRATION.
MAINTAINING TECHNOLOGY ADVANTAGE ...............................
DEFENSE TECHNOLOGY ANALYSIS ...........................................
DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ........
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND
EVALUATION.
DEVELOPMENT TEST AND EVALUATION .................................
MANAGEMENT HQ—R&D ................................................................
MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION
CENTER (DTIC).
SPECIAL ACTIVITIES .......................................................................
BUDGET AND PROGRAM ASSESSMENTS ...................................
ANALYSIS WORKING GROUP (AWG) SUPPORT .........................
ODNA TECHNOLOGY AND RESOURCE ANALYSIS ...................
DEFENSE SCIENCE BOARD ...........................................................
AVIATION SAFETY TECHNOLOGIES ...........................................
CYBER RESILIENCY AND CYBERSECURITY POLICY ..............
DEFENSE CIVILIAN TRAINING CORPS .......................................
JOINT PRODUCTION ACCELERATOR CELL (JPAC) .................
SUSTAINMENT TRANSITION CAPABILITIES .............................
MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT
DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ........
JOINT STAFF ANALYTICAL SUPPORT ........................................
C4I INTEROPERABILITY .................................................................
INFORMATION TECHNOLOGY RAPID ACQUISITION ...............
COMBINED ADVANCED APPLICATIONS .....................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .........
JOINT STAFF OFFICE OF THE CHIEF DATA OFFICER
(OCDO) ACTIVITIES.
Advanced Manufacturing Initiative in the Indo-Pacific ................
COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.
DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI).
INTEGRATED PRIMARY PREVENTION .......................................
MANAGEMENT HQ—MDA ...............................................................
JOINT SERVICE PROVIDER (JSP) ................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL MANAGEMENT SUPPORT ............................
OPERATIONAL SYSTEM DEVELOPMENT
NEXT GENERATION INFORMATION COMMUNICATIONS
TECHNOLOGY (5G).
CHEMICAL AND BIOLOGICAL WEAPONS ELIMINATION
TECHNOLOGY IMPROVEMENT.
INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT.
Ablative Material Sustainment ......................................................
Corrosion Resistant Magnesium Coating for Aircraft ..................
Rare Earth Magnet Manufacturing ..............................................
U.S.-based Synthetic Graphite Manufacturing .............................
COUNTERPROLIFERATION MODERNIZATION .........................
GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).
CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL
SYSTEMS DEVELOPMENT).
RADIOLOGICAL AND NUCLEAR DEFENSE MODERNIZATION OPERATIONAL SYSTEM DEVELOPMENT.
(1035098|1)
FY 2026
Request
Conference
Authorized
8,552
8,627
542,773
8,552
8,627
542,773
1,275
115,673
210,878
1,275
115,673
210,878
78,057
78,057
23,405
5,301
12,549
15,597
23,405
5,301
12,549
15,597
3,468
3,468
67,263
11,781
5,411
67,263
11,781
5,411
29,675
45,134
60,209
30,778
29,675
45,134
60,209
30,778
37,381
13,623
3,466
37,381
13,623
3,466
18,594
13,084
5,229
3,461
6,563
1,702
14,220
8,752
5,493
30,000
14,841
2,493
8,070
70,893
4,355
5,447
2,887
14,500
18,594
13,084
5,229
3,461
6,563
1,702
14,220
8,752
5,493
30,000
14,841
2,493
8,070
70,893
4,355
5,447
2,887
19,500
91,952
[5,000]
91,952
388
388
5,744
28,719
1,283
31,148
2,032,317
5,744
28,719
1,283
31,148
2,037,317
22,439
22,439
2,360
2,360
273,379
293,879
12,704
6,173
[3,000]
[10,000]
[4,000]
[3,500]
12,704
6,173
79,118
79,118
2,945
2,945
G:\CMTE\AS\26\C\RCP.XML
1957
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
229
230
231
235
0208085JCY
0208097JCY
0208099JCY
0302019K
236
237
238
0302609V
0303126K
0303131K
240
0303140D8Z
242
243
244
246
0303140K
0303153K
0303171K
0303430V
252
0305104D8Z
257
258
260
262
264
270
0305146V
0305172D8Z
0305186D8Z
0305199D8Z
0305208BB
0305387D8Z
279
280
283
284
0306250JCY
0307609V
0708012K
0708012S
285
289
290
0708047S
1160403BB
1160405BB
291
292
1160408BB
1160431BB
293
294
295
296
297
298
298A
1160432BB
1160434BB
1160480BB
1160483BB
1160490BB
1203610K
9999999999
299
0608140D8Z
300
301
302
0608648D8Z
0608776D8Z
0303150K
Item
ROBUST INFRASTRUCTURE AND ACCESS ................................
CYBER COMMAND AND CONTROL (CYBER C2) ........................
DATA AND UNIFIED PLATFORM (D&UP) ...................................
DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.
COUNTERING THREATS AUTOMATED PLATFORM .................
LONG-HAUL COMMUNICATIONS—DCS .......................................
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
INFORMATION SYSTEMS SECURITY PROGRAM .......................
National Narrative Intelligence Research Center .........................
INFORMATION SYSTEMS SECURITY PROGRAM .......................
DEFENSE SPECTRUM ORGANIZATION .......................................
JOINT PLANNING AND EXECUTION SERVICES .......................
FEDERAL INVESTIGATIVE SERVICES INFORMATION
TECHNOLOGY.
DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE.
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ......
COMBINED ADVANCED APPLICATIONS .....................................
POLICY R&D PROGRAMS .................................................................
NET CENTRICITY .............................................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .........
HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM.
CYBER OPERATIONS TECHNOLOGY SUPPORT ........................
NATIONAL INDUSTRIAL SECURITY SYSTEMS (NISS) ............
LOGISTICS SUPPORT ACTIVITIES ................................................
PACIFIC DISASTER CENTERS .......................................................
Pacific Disaster Centers ................................................................
DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .................
AVIATION SYSTEMS .........................................................................
INTELLIGENCE SYSTEMS DEVELOPMENT ...............................
Ultra-lightweight Group 1 Small UAS ..........................................
OPERATIONAL ENHANCEMENTS .................................................
WARRIOR SYSTEMS .........................................................................
Blast Overpressure Analysis and Mitigation .................................
SPECIAL PROGRAMS ........................................................................
UNMANNED ISR ................................................................................
SOF TACTICAL VEHICLES ..............................................................
MARITIME SYSTEMS ........................................................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................
TELEPORT PROGRAM .....................................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
0605118OTE
0605131OTE
0605814OTE
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Conference
Authorized
88,522
85,833
83,039
16,162
88,522
85,833
83,039
16,162
5,030
40,293
5,113
5,030
40,293
5,113
25,347
23,224
20,174
6,242
22,700
31,347
[6,000]
23,224
20,174
6,242
22,700
10,840
10,840
1,800
22,548
6,043
17,114
5,656
1,771
1,800
22,548
6,043
17,114
5,656
1,771
473,399
34,710
2,876
2,000
550
2,281
9,213
120,475
21,752
24,319
8,276,313
10,594,200
473,399
34,710
2,876
4,000
[2,000]
3,020
119,699
105,732
[3,000]
234,653
283,139
[3,500]
550
2,281
9,213
120,475
21,752
24,319
8,276,313
10,629,200
402,783
402,783
17,549
48,413
44,474
513,219
17,549
48,413
44,474
513,219
33,921,939
34,306,189
133,542
108,109
76,492
318,143
133,542
108,109
76,492
318,143
TOTAL OPERATIONAL TEST AND EVALUATION, DEFENSE.
318,143
318,143
TOTAL RDT&E ....................................................................
142,001,108
145,698,615
SOFTWARE AND DIGITAL TECHNOLOGY PILOT
PROGRAMS
ENTERPRISE PLATFORMS AND CAPABILITIES—SOFTWARE PILOT PROGRAM.
ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM ....
DEFENSE INNOVATION UNIT FIELDING ..................................
GLOBAL COMMAND AND CONTROL SYSTEM ............................
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.
TOTAL RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, DEFENSE-WIDE.
001
002
003
FY 2026
Request
OPERATIONAL TEST AND EVALUATION, DEFENSE
MANAGEMENT SUPPORT
OPERATIONAL TEST AND EVALUATION ...................................
LIVE FIRE TEST AND EVALUATION ...........................................
OPERATIONAL TEST ACTIVITIES AND ANALYSES .................
SUBTOTAL MANAGEMENT SUPPORT ............................
(1035098|1)
3,020
119,699
102,732
234,653
279,639
G:\CMTE\AS\26\C\RCP.XML
1958
TITLE XLIII—OPERATION AND
MAINTENANCE
1
2
3
SEC. 4301. OPERATION AND MAINTENANCE.
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
010
020
030
040
050
060
070
080
090
100
110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
260
270
280
290
300
310
320
330
340
350
360
370
390
400
410
420
430
Item
FY 2026
Request
Conference
Authorized
OPERATION AND MAINTENANCE, ARMY
OPERATING FORCES
MANEUVER UNITS ............................................................................
Program decrease ...........................................................................
MODULAR SUPPORT BRIGADES ...................................................
ECHELONS ABOVE BRIGADE ........................................................
THEATER LEVEL ASSETS ..............................................................
LAND FORCES OPERATIONS SUPPORT ......................................
AVIATION ASSETS .............................................................................
FORCE READINESS OPERATIONS SUPPORT .............................
FY26 INDOPACOM Campaigning ...............................................
LAND FORCES SYSTEMS READINESS .........................................
LAND FORCES DEPOT MAINTENANCE .......................................
MEDICAL READINESS ......................................................................
BASE OPERATIONS SUPPORT .......................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
Program increase ...........................................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ...........
ADDITIONAL ACTIVITIES ...............................................................
Program decrease ...........................................................................
RESET ..................................................................................................
US AFRICA COMMAND .....................................................................
US EUROPEAN COMMAND ..............................................................
US SOUTHERN COMMAND ..............................................................
US FORCES KOREA ...........................................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .......
CYBERSPACE ACTIVITIES—CYBERSECURITY ..........................
SUBTOTAL OPERATING FORCES ..................................
111,688
413,046
385,744
224,971
77,049
331,467
550,089
39,885,565
6,179,744
[20,000]
263,147
387,038
[–5,419]
111,688
413,046
385,744
224,971
77,049
331,467
550,089
39,999,146
MOBILIZATION
STRATEGIC MOBILITY .....................................................................
ARMY PREPOSITIONED STOCKS ...................................................
INDUSTRIAL PREPAREDNESS ......................................................
SUBTOTAL MOBILIZATION ..............................................
134,892
330,812
3,162
468,866
134,892
330,812
3,162
468,866
172,424
78,929
88,033
508,982
988,901
1,398,974
202,738
596,528
747,712
177,666
181,211
227,476
190,668
172,424
78,929
88,033
508,982
988,901
1,398,974
202,738
596,528
747,712
177,666
181,211
227,476
212,668
[22,000]
5,582,242
TRAINING AND RECRUITING
OFFICER ACQUISITION ...................................................................
RECRUIT TRAINING .........................................................................
ONE STATION UNIT TRAINING .....................................................
SENIOR RESERVE OFFICERS TRAINING CORPS ......................
SPECIALIZED SKILL TRAINING ....................................................
FLIGHT TRAINING ............................................................................
PROFESSIONAL DEVELOPMENT EDUCATION ..........................
TRAINING SUPPORT .........................................................................
RECRUITING AND ADVERTISING .................................................
EXAMINING ........................................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ................................
CIVILIAN EDUCATION AND TRAINING .......................................
JUNIOR RESERVE OFFICER TRAINING CORPS ........................
Fully fund Army JROTC ...............................................................
SUBTOTAL TRAINING AND RECRUITING .................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CLASSIFIED PROGRAMS
SERVICEWIDE TRANSPORTATION ...............................................
Program decrease ...........................................................................
CENTRAL SUPPLY ACTIVITIES .....................................................
LOGISTIC SUPPORT ACTIVITIES ..................................................
AMMUNITION MANAGEMENT ........................................................
ADMINISTRATION .............................................................................
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
4,671,407
221,578
927,219
2,220,746
1,333,769
1,829,054
7,497,735
583,196
152,404
844,140
10,694,915
6,159,744
263,147
392,457
5,560,242
1,306,690
740,581
588,151
344,948
408,825
4,668,407
[–3,000]
221,578
927,219
2,220,746
1,333,769
1,829,054
7,599,735
[102,000]
583,196
152,404
844,140
10,694,915
1,299,190
[–7,500]
740,581
588,151
344,948
408,825
G:\CMTE\AS\26\C\RCP.XML
1959
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
440
SERVICEWIDE COMMUNICATIONS ...............................................
Program decrease ...........................................................................
MANPOWER MANAGEMENT ...........................................................
OTHER PERSONNEL SUPPORT .....................................................
Program decrease ...........................................................................
OTHER SERVICE SUPPORT ............................................................
Military Women’s Memorial ...........................................................
Program decrease ...........................................................................
ARMY CLAIMS ACTIVITIES .............................................................
REAL ESTATE MANAGEMENT .......................................................
FINANCIAL MANAGEMENT AND AUDIT READINESS ..............
DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
INTERNATIONAL MILITARY HEADQUARTERS .........................
MISC. SUPPORT OF OTHER NATIONS .........................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
450
460
470
480
490
500
510
520
530
590A
600
110
120
130
140
150
160
170
180
220
010
020
030
040
050
2,171,607
OPERATION AND MAINTENANCE, ARMY RESERVE
OPERATING FORCES
MODULAR SUPPORT BRIGADES ...................................................
ECHELONS ABOVE BRIGADE ........................................................
THEATER LEVEL ASSETS ..............................................................
LAND FORCES OPERATIONS SUPPORT ......................................
AVIATION ASSETS .............................................................................
FORCE READINESS OPERATIONS SUPPORT .............................
LAND FORCES SYSTEMS READINESS .........................................
LAND FORCES DEPOT MAINTENANCE .......................................
BASE OPERATIONS SUPPORT .......................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ...........
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .......
CYBERSPACE ACTIVITIES—CYBERSECURITY ..........................
SUBTOTAL OPERATING FORCES ..................................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...............................................
ADMINISTRATION .............................................................................
SERVICEWIDE COMMUNICATIONS ...............................................
MANPOWER MANAGEMENT ...........................................................
OTHER PERSONNEL SUPPORT .....................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
Conference
Authorized
223,611
294,705
618,471
36,510
664,510
31,387
2,156,207
[–15,400]
313,323
834,139
[–19,000]
2,059,411
[1,000]
[–20,000]
223,611
294,705
618,471
36,510
664,510
31,387
10,674,869
2,385,523
2,385,523
10,613,969
2,385,523
2,385,523
313,323
853,139
2,078,411
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL
OPERATION
AND
MAINTENANCE,
ARMY ...................................................................................
010
020
030
040
050
060
070
080
090
100
FY 2026
Request
–812,335
[–812,335]
–812,335
58,975,065
58,237,411
14,651
703,286
146,794
685,541
55,155
438,508
23,783
40,426
557,465
14,651
703,286
146,794
685,541
55,155
438,508
23,783
40,426
557,465
504,922
20,531
2,174
19,041
3,212,277
504,922
20,531
2,174
19,041
3,212,277
14,629
16,798
6,432
7,186
56,856
14,629
16,798
6,432
7,186
56,856
101,901
101,901
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
–10,222
[–10,222]
–10,222
TOTAL
OPERATION
AND
MAINTENANCE,
ARMY RESERVE .............................................................
3,314,178
3,303,956
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
OPERATING FORCES
MANEUVER UNITS ............................................................................
MODULAR SUPPORT BRIGADES ...................................................
ECHELONS ABOVE BRIGADE ........................................................
THEATER LEVEL ASSETS ..............................................................
LAND FORCES OPERATIONS SUPPORT ......................................
911,525
210,737
879,111
88,001
350,261
911,525
210,737
879,111
88,001
350,261
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1960
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
060
070
080
090
100
110
AVIATION ASSETS .............................................................................
FORCE READINESS OPERATIONS SUPPORT .............................
LAND FORCES SYSTEMS READINESS .........................................
LAND FORCES DEPOT MAINTENANCE .......................................
BASE OPERATIONS SUPPORT .......................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ...........
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .......
CYBERSPACE ACTIVITIES—CYBERSECURITY ..........................
SUBTOTAL OPERATING FORCES ..................................
120
130
140
150
160
170
190
200
220
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...............................................
ADMINISTRATION .............................................................................
SERVICEWIDE COMMUNICATIONS ...............................................
OTHER PERSONNEL SUPPORT .....................................................
REAL ESTATE MANAGEMENT .......................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
010
020
050
060
080
090
100
110
120
130
140
150
160
170
180
190
200
210
220
230
Conference
Authorized
1,128,195
810,263
34,354
179,622
1,246,273
1,128,195
810,263
34,354
179,622
1,246,273
1,275,984
1,203,158
5,136
24,096
8,346,716
1,275,984
1,203,158
5,136
24,096
8,346,716
6,460
45,919
9,373
261,622
3,891
6,460
45,919
9,373
261,622
3,891
327,265
327,265
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL
OPERATION
AND
MAINTENANCE,
ARMY NATIONAL GUARD ..........................................
010
020
030
FY 2026
Request
–246,699
[–246,699]
–246,699
8,673,981
8,427,282
COUNTER-ISLAMIC STATE OF IRAQ AND SYRIA
TRAIN AND EQUIP
COUNTER-ISIL TRAIN AND EQUIP FUND (CTEF)
IRAQ ......................................................................................................
SYRIA ....................................................................................................
LEBANON ............................................................................................
SUBTOTAL COUNTER-ISIL TRAIN AND EQUIP
FUND (CTEF) .......................................................................
212,516
130,000
15,000
212,516
130,000
15,000
357,516
357,516
TOTAL COUNTER-ISLAMIC STATE OF IRAQ
AND SYRIA TRAIN AND EQUIP ...............................
357,516
357,516
7,720,210
2,925,791
1,447,480
1,661,933
2,147,907
5,350,073
7,720,210
2,925,791
1,447,480
1,661,933
2,147,907
5,430,073
[80,000]
1,719,580
13,803,188
2,760,878
1,830,993
604,287
453,847
1,000,516
454,803
2,389,070
[97,730]
OPERATION AND MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ............................
FLEET AIR TRAINING .....................................................................
AIR SYSTEMS SUPPORT ..................................................................
AIRCRAFT DEPOT MAINTENANCE ...............................................
AVIATION LOGISTICS .......................................................................
MISSION AND OTHER SHIP OPERATIONS .................................
Platform Supply Vessel Pilot Program ..........................................
SHIP OPERATIONS SUPPORT & TRAINING ................................
SHIP DEPOT MAINTENANCE .........................................................
SHIP DEPOT OPERATIONS SUPPORT ..........................................
COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ..
MEDICAL READINESS ......................................................................
SPACE SYSTEMS AND SURVEILLANCE .......................................
WARFARE TACTICS ..........................................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ..........
COMBAT SUPPORT FORCES ...........................................................
FY26 INDOPACOM Campaigning ...............................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS
SUPPORT .........................................................................................
COMBATANT COMMANDERS CORE OPERATIONS ....................
INDOPACOM’s Community Engagement Initiative .....................
COMBATANT COMMANDERS DIRECT MISSION SUPPORT .....
FY26 INDOPACOM Campaigning ...............................................
Non-Standard Aviation—Sea Planes .............................................
Prepositioned Material in Support of SOF ....................................
CYBERSPACE ACTIVITIES ..............................................................
FLEET BALLISTIC MISSILE ...........................................................
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
1,719,580
13,803,188
2,760,878
1,830,993
604,287
453,847
1,000,516
454,803
2,291,340
62,495
105,914
386,657
634,746
1,837,670
62,495
110,414
[4,500]
470,437
[30,780]
[10,000]
[43,000]
634,746
1,837,670
G:\CMTE\AS\26\C\RCP.XML
1961
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2026
Request
Conference
Authorized
Line
Item
240
250
260
WEAPONS MAINTENANCE ..............................................................
OTHER WEAPON SYSTEMS SUPPORT .........................................
ENTERPRISE INFORMATION .........................................................
Program decrease ...........................................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION .........
BASE OPERATING SUPPORT ..........................................................
Red Hill long-term monitoring, research, and remediation ...........
SUBTOTAL OPERATING FORCES ..................................
63,984,821
1,601,768
839,619
2,172,422
[–13,000]
3,991,438
6,176,266
[10,000]
64,247,831
MOBILIZATION
SHIP PREPOSITIONING AND SURGE ...........................................
READY RESERVE FORCE ................................................................
SHIP ACTIVATIONS/INACTIVATIONS ...........................................
COAST GUARD SUPPORT ................................................................
SUBTOTAL MOBILIZATION ..............................................
388,627
785,052
583,296
22,192
1,779,167
388,627
785,052
583,296
22,192
1,779,167
202,397
16,945
202,397
21,245
[4,300]
164,348
1,026,076
272,964
463,572
303,177
914
65,819
61,334
[36,000]
2,581,846
270
280
290
300
310
330
340
350
360
370
380
390
400
410
420
430
440
450
460
480
490
500
520
530
540
760A
770
TRAINING AND RECRUITING
OFFICER ACQUISITION ...................................................................
RECRUIT TRAINING .........................................................................
Sea Cadets ......................................................................................
RESERVE OFFICERS TRAINING CORPS ......................................
SPECIALIZED SKILL TRAINING ....................................................
PROFESSIONAL DEVELOPMENT EDUCATION ..........................
TRAINING SUPPORT .........................................................................
RECRUITING AND ADVERTISING .................................................
OFF-DUTY AND VOLUNTARY EDUCATION ................................
CIVILIAN EDUCATION AND TRAINING .......................................
JUNIOR ROTC .....................................................................................
Fully fund Navy JROTC ...............................................................
SUBTOTAL TRAINING AND RECRUITING .................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CLASSIFIED PROGRAMS
ADMINISTRATION .............................................................................
CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ......
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ....
MEDICAL ACTIVITIES ......................................................................
Harmful Behaviors Software Implementation ...............................
DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
SERVICEWIDE TRANSPORTATION ...............................................
PLANNING, ENGINEERING, AND PROGRAM SUPPORT ...........
Supply Chain Risk Mitigation ........................................................
ACQUISITION, LOGISTICS, AND OVERSIGHT ............................
INVESTIGATIVE AND SECURITY SERVICES ..............................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
020
030
040
050
060
070
080
3,991,438
6,166,266
164,348
1,026,076
272,964
463,572
303,177
914
65,819
25,334
2,541,546
1,357,428
239,918
690,712
853,340
1,007,078
1,357,428
239,918
690,712
5,000
[5,000]
61,046
289,748
556,811
[12,900]
853,340
1,007,078
5,043,181
731,405
731,405
5,056,081
731,405
731,405
61,046
289,748
543,911
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, NAVY
010
1,601,768
839,619
2,185,422
–540,421
[–540,421]
–540,421
74,080,120
73,860,909
1,950,784
OPERATION AND MAINTENANCE, MARINE CORPS
OPERATING FORCES
OPERATIONAL FORCES ...................................................................
FY26 INDOPACOM Campaigning ...............................................
FIELD LOGISTICS .............................................................................
DEPOT MAINTENANCE ....................................................................
MARITIME PREPOSITIONING ........................................................
CYBERSPACE ACTIVITIES ..............................................................
SUSTAINMENT, RESTORATION & MODERNIZATION ...............
BASE OPERATING SUPPORT ..........................................................
SUBTOTAL OPERATING FORCES ..................................
1,981,840
236
175,091
349,082
2,079,890
2,834,721
9,371,644
1,986,643
[35,859]
1,981,840
236
175,091
349,082
2,079,890
2,834,721
9,407,503
TRAINING AND RECRUITING
RECRUIT TRAINING .........................................................................
26,350
26,350
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1962
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
090
100
110
120
130
140
150
OFFICER ACQUISITION ...................................................................
SPECIALIZED SKILL TRAINING ....................................................
PROFESSIONAL DEVELOPMENT EDUCATION ..........................
TRAINING SUPPORT .........................................................................
RECRUITING AND ADVERTISING .................................................
OFF-DUTY AND VOLUNTARY EDUCATION ................................
JUNIOR ROTC .....................................................................................
SUBTOTAL TRAINING AND RECRUITING .................
180
190
300A
310
010
030
040
060
070
080
090
100
110
120
130
140
150
170
010
020
030
040
050
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CLASSIFIED PROGRAMS
SERVICEWIDE TRANSPORTATION ...............................................
ADMINISTRATION .............................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
FY 2026
Request
Conference
Authorized
1,282
119,526
58,696
538,812
237,004
27,500
30,808
1,039,978
1,282
119,526
58,696
538,812
237,004
27,500
30,808
1,039,978
87,509
431,282
87,509
431,282
518,791
73,788
73,788
518,791
73,788
73,788
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
–89,275
[–89,275]
–89,275
TOTAL OPERATION AND MAINTENANCE, MARINE CORPS ....................................................................
11,004,201
10,950,785
OPERATION AND MAINTENANCE, NAVY RESERVE
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ............................
AIR SYSTEMS SUPPORT ..................................................................
AIRCRAFT DEPOT MAINTENANCE ...............................................
AVIATION LOGISTICS .......................................................................
COMBAT COMMUNICATIONS ..........................................................
COMBAT SUPPORT FORCES ...........................................................
CYBERSPACE ACTIVITIES ..............................................................
ENTERPRISE INFORMATION .........................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION .........
BASE OPERATING SUPPORT ..........................................................
SUBTOTAL OPERATING FORCES ..................................
759,843
9,972
204,603
24,469
19,698
186,946
294
33,414
58,213
118,361
1,415,813
759,843
9,972
204,603
24,469
19,698
186,946
294
33,414
58,213
118,361
1,415,813
2,539
22,185
1,517
2,539
22,185
1,517
26,241
26,241
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION .............................................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ....
ACQUISITION AND PROGRAM MANAGEMENT ...........................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
–19,763
[–19,763]
–19,763
TOTAL OPERATION AND MAINTENANCE, NAVY
RESERVE ...........................................................................
1,442,054
1,422,291
OPERATION AND MAINTENANCE, MARINE CORPS
RESERVE
OPERATING FORCES
OPERATING FORCES ........................................................................
DEPOT MAINTENANCE ....................................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION .........
BASE OPERATING SUPPORT ..........................................................
SUBTOTAL OPERATING FORCES ..................................
117,987
22,686
48,519
123,079
312,271
117,987
22,686
48,519
123,079
312,271
49,774
49,774
49,774
49,774
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION .............................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
UNDISTRIBUTED
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1963
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
060
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, MARINE CORPS RESERVE ...............................................
010
020
030
040
050
060
070
080
090
100
110
120
140
150
160
170
180
190
200
210
210A
220
230
240
250
260
270
280
290
300
310
320
330
340
350
360
370
380
390
410
FY 2026
Request
Conference
Authorized
–12,267
[–12,267]
–12,267
362,045
349,778
1,425,125
1,668,425
[107,300]
[136,000]
2,773,789
[20,000]
1,706,493
[5,000]
4,676,962
OPERATION AND MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES ...........................................................
DAF campaigning and exercises ....................................................
FY26 INDOPACOM Campaigning ...............................................
COMBAT ENHANCEMENT FORCES ..............................................
FY26 INDOPACOM Campaigning ...............................................
AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .........
FY26 INDOPACOM Campaigning ...............................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ....................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
Program increase ...........................................................................
CYBERSPACE SUSTAINMENT ........................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT
FY26 INDOPACOM Campaigning ...............................................
FLYING HOUR PROGRAM ................................................................
BASE SUPPORT ..................................................................................
GLOBAL C3I AND EARLY WARNING ............................................
OTHER COMBAT OPS SPT PROGRAMS ........................................
CYBERSPACE ACTIVITIES ..............................................................
MEDICAL READINESS ......................................................................
US NORTHCOM/NORAD ....................................................................
US STRATCOM ....................................................................................
US CENTCOM ......................................................................................
US SOCOM ...........................................................................................
US TRANSCOM ...................................................................................
CENTCOM CYBERSPACE SUSTAINMENT ....................................
Cooperation with the Kingdom of Jordan .....................................
USSPACECOM .....................................................................................
SUBTOTAL OPERATING FORCES ..................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
369,658
47,439,821
1,805,672
1,805,672
3,118,331
[25,000]
245,874
9,305,458
[21,500]
6,772,468
11,328,614
1,239,641
1,896,441
858,321
554,180
266,248
593,503
350,566
28,018
703
1,928
[1,000]
369,658
47,755,621
1,805,672
1,805,672
MOBILIZATION
AIRLIFT OPERATIONS .....................................................................
MOBILIZATION PREPAREDNESS ..................................................
SUBTOTAL MOBILIZATION ..............................................
3,391,672
279,205
3,670,877
3,391,672
279,205
3,670,877
250,380
29,335
131,342
522,068
1,065,465
284,442
181,966
256,687
6,990
224,340
360,260
250,380
29,335
131,342
522,068
1,065,465
284,442
181,966
256,687
6,990
224,340
360,260
80,000
[80,000]
3,313,275
TRAINING AND RECRUITING
OFFICER ACQUISITION ...................................................................
RECRUIT TRAINING .........................................................................
RESERVE OFFICERS TRAINING CORPS (ROTC) .......................
SPECIALIZED SKILL TRAINING ....................................................
FLIGHT TRAINING ............................................................................
PROFESSIONAL DEVELOPMENT EDUCATION ..........................
TRAINING SUPPORT .........................................................................
RECRUITING AND ADVERTISING .................................................
EXAMINING ........................................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ................................
CIVILIAN EDUCATION AND TRAINING .......................................
JUNIOR ROTC .....................................................................................
Fully fund AF JROTC ..................................................................
SUBTOTAL TRAINING AND RECRUITING .................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CLASSIFIED PROGRAMS
LOGISTICS OPERATIONS ................................................................
TECHNICAL SUPPORT ACTIVITIES ..............................................
ADMINISTRATION .............................................................................
SERVICEWIDE COMMUNICATIONS ...............................................
OTHER SERVICEWIDE ACTIVITIES ..............................................
Combat Ready Airman Program ...................................................
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
2,753,789
1,701,493
4,676,962
3,093,331
245,874
9,283,958
6,772,468
11,328,614
1,239,641
1,896,441
858,321
554,180
266,248
593,503
350,566
28,018
703
928
3,313,275
1,155,659
158,965
1,221,364
45,228
1,712,600
1,155,659
158,965
1,221,364
45,228
1,717,600
[5,000]
G:\CMTE\AS\26\C\RCP.XML
1964
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
420
430
450
CIVIL AIR PATROL ............................................................................
DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
INTERNATIONAL SUPPORT ...........................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
450A
460
080
090
100
100A
110
120
140
OPERATION AND MAINTENANCE, SPACE FORCE
OPERATING FORCES
GLOBAL C3I & EARLY WARNING ..................................................
SPACE LAUNCH OPERATIONS .......................................................
SPACE OPERATIONS ........................................................................
EDUCATION & TRAINING ................................................................
DEPOT MAINTENANCE ....................................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
CONTRACTOR LOGISTICS AND SYSTEM SUPPORT ..................
SPACE OPERATIONS -BOS ..............................................................
CYBERSPACE ACTIVITIES ..............................................................
SUBTOTAL OPERATING FORCES ..................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
LOGISTICS OPERATIONS ................................................................
ADMINISTRATION .............................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
010
020
030
040
050
060
070
080
090
100
120
130
32,394
48,741
89,341
4,464,292
1,735,598
1,735,598
4,469,292
1,735,598
1,735,598
–1,020,189
[–1,020,189]
–1,020,189
62,429,535
61,810,146
846,856
397,822
983,784
302,939
67,126
846,856
397,822
983,784
302,939
67,126
557,175
1,495,242
233,546
141,512
5,026,002
641,519
641,519
557,175
1,495,242
233,546
141,512
5,026,002
641,519
641,519
35,889
184,753
35,889
184,753
220,642
220,642
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL
OPERATION
AND
MAINTENANCE,
SPACE FORCE .................................................................
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
OPERATING FORCES
PRIMARY COMBAT FORCES ...........................................................
MISSION SUPPORT OPERATIONS .................................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ....................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT
BASE SUPPORT ..................................................................................
CYBERSPACE ACTIVITIES ..............................................................
SUBTOTAL OPERATING FORCES ..................................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION .............................................................................
RECRUITING AND ADVERTISING .................................................
MILITARY MANPOWER AND PERS MGMT (ARPC) ....................
AUDIOVISUAL ....................................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
Conference
Authorized
32,394
48,741
89,341
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, AIR
FORCE ................................................................................
010
020
030
040
060
070
FY 2026
Request
–218,077
[–218,077]
–218,077
5,888,163
5,670,086
2,010,793
214,701
702,575
2,010,793
214,701
702,575
188,802
493,324
585,430
2,484
4,198,109
188,802
493,324
585,430
2,484
4,198,109
98,418
10,618
14,951
521
98,418
10,618
14,951
521
124,508
124,508
–224,891
[–224,891]
G:\CMTE\AS\26\C\RCP.XML
1965
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
FY 2026
Request
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, AIR
FORCE RESERVE ...........................................................
010
020
030
040
050
060
070
080
090
100
110
OPERATION AND MAINTENANCE, AIR NATIONAL
GUARD
OPERATING FORCES
AIRCRAFT OPERATIONS .................................................................
MISSION SUPPORT OPERATIONS .................................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ....................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................
Program increase ...........................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT
BASE SUPPORT ..................................................................................
CYBERSPACE SUSTAINMENT ........................................................
CYBERSPACE ACTIVITIES ..............................................................
SUBTOTAL OPERATING FORCES ..................................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION .............................................................................
RECRUITING AND ADVERTISING .................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
010
020
030
040
050
060
070
080
090
100
110
120
130
140
150
160
170
180
190
–224,891
4,322,617
4,097,726
2,501,226
627,680
1,024,171
2,501,226
627,680
1,024,171
549,496
1,258,081
1,110,875
16,134
112,205
7,199,868
554,496
[5,000]
1,258,081
1,110,875
16,134
112,205
7,204,868
82,280
50,451
82,280
50,451
132,731
132,731
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, AIR
NATIONAL GUARD ........................................................
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ...............................................................
JOINT CHIEFS OF STAFF—JTEEP ...............................................
JOINT CHIEFS OF STAFF—CYBER ..............................................
OFFICE OF THE SECRETARY OF DEFENSE—MISO ................
SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT
ACTIVITIES .....................................................................................
SPECIAL OPERATIONS COMMAND MAINTENANCE .................
SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS .........................................................
SPECIAL OPERATIONS COMMAND THEATER FORCES ...........
Prepositioned Material in Support of SOF ....................................
SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES ..................................................................................................
SPECIAL OPERATIONS COMMAND INTELLIGENCE ................
SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT
CYBERSPACE OPERATIONS ...........................................................
IOM capabilities .............................................................................
USCYBERCOM HEADQUARTERS ...................................................
SUBTOTAL OPERATING FORCES ..................................
TRAINING AND RECRUITING
DEFENSE ACQUISITION UNIVERSITY ........................................
JOINT CHIEFS OF STAFF ...............................................................
SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION ..................................................................
SUBTOTAL TRAINING AND RECRUITING .................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CLASSIFIED PROGRAMS
CIVIL MILITARY PROGRAMS ..........................................................
National Guard Youth Challenge ...................................................
STARBASE ...................................................................................
DEFENSE CONTRACT AUDIT AGENCY—CYBER .......................
DEFENSE CONTRACT AUDIT AGENCY ........................................
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
Conference
Authorized
–5,861
[–5,861]
–5,861
7,332,599
7,331,738
414,097
1,026,502
9,086
209,442
414,097
1,026,502
9,086
209,442
2,136,165
1,273,409
2,136,165
1,273,409
181,122
3,409,285
181,122
3,474,285
[65,000]
77,241
1,187,600
1,579,137
1,300,384
314,284
13,117,754
77,241
1,187,600
1,579,137
1,310,384
[10,000]
314,284
13,192,754
173,265
124,869
173,265
124,869
28,697
326,831
28,697
326,831
126,637
276,637
[100,000]
[50,000]
3,844
626,959
3,844
632,959
G:\CMTE\AS\26\C\RCP.XML
1966
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
200
210
220
240
250
260
290
300
310
320
330
340
350
360
370
390
400
410
420
460
470
530
530A
540
Item
Program decrease ...........................................................................
DEFENSE CONTRACT MANAGEMENT AGENCY ........................
DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER .......
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ......................................................................................................
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER .....................................................................................
DEFENSE HUMAN RESOURCES ACTIVITY—CYBER ................
DEFENSE HUMAN RESOURCES ACTIVITY .................................
DLNSEO Restoration ....................................................................
Flagship Language Program for Chinese & Arabic .......................
Program increase: Beyond Yellow Ribbon .....................................
DEFENSE INFORMATION SYSTEMS AGENCY ...........................
Program decrease ...........................................................................
DEFENSE INFORMATION SYSTEMS AGENCY—CYBER ..........
DEFENSE LEGAL SERVICES AGENCY .........................................
DEFENSE LOGISTICS AGENCY ......................................................
DEFENSE MEDIA ACTIVITY ...........................................................
DEFENSE POW/MIA OFFICE ..........................................................
DEFENSE SECURITY COOPERATION AGENCY .........................
Additional International Security Cooperation Programs—
EUCOM ......................................................................................
including amount for Baltic Security Initiative .................
Irregular Warfare Center of Excellence .........................................
Ukraine Security Assistance Initiative ...........................................
DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ........
DEFENSE THREAT REDUCTION AGENCY .................................
DEFENSE THREAT REDUCTION AGENCY—CYBER .................
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ..............
Impact Aid .....................................................................................
Impact Aid for children with severe disabilities .............................
MISSILE DEFENSE AGENCY ..........................................................
OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION ..................................................................................................
Defense Community Infrastructure Program (DCIP) ...................
OFFICE OF THE SECRETARY OF DEFENSE—CYBER .............
OFFICE OF THE SECRETARY OF DEFENSE .............................
2026 NDS Commission funding ....................................................
Afghanistan War Commission ........................................................
Anomalous Health Incidents Cross-Functional Team ...................
Bien Hoa dioxin remediation .........................................................
Program increase: USTTI defense training ..................................
Readiness and Environmental Protection Integration (REPI) .....
WASHINGTON HEADQUARTERS SERVICES ...............................
Program decrease ...........................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS .................................................................
SUBTOTAL CLASSIFIED PROGRAMS ..........................
Conference
Authorized
1,441,456
43,434
[–6,000]
1,441,456
43,434
1,168,366
1,168,366
11,120
46,621
932,144
11,120
46,621
982,144
[15,000]
[15,000]
[20,000]
2,990,059
[–52,500]
559,426
164,770
401,513
226,665
171,339
3,470,252
3,042,559
559,426
164,770
401,513
226,665
171,339
2,864,252
40,052
708,214
71,925
3,600,175
720,365
159,534
98,034
2,093,717
411,182
19,740,303
22,750,830
22,750,830
UNDISTRIBUTED
UNDISTRIBUTED ..............................................................................
Favorable fuel rates .......................................................................
Foreign currency fluctuations ........................................................
Unobligated balances .....................................................................
SUBTOTAL UNDISTRIBUTED ..........................................
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ....................................................................
010
FY 2026
Request
[200,000]
[175,000]
[6,000]
[400,000]
40,052
708,214
71,925
3,670,175
[50,000]
[20,000]
720,365
189,534
[30,000]
98,034
2,155,617
[5,000]
[11,400]
[5,000]
[15,000]
[500]
[25,000]
340,611
[–70,571]
20,579,132
22,750,830
22,750,830
–2,670,000
[–1,000,000]
[–770,000]
[–900,000]
–2,670,000
55,935,718
54,179,547
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
ADMINISTRATION AND ASSOCIATED ACTIVITIES
US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ..............................................................................................
SUBTOTAL ADMINISTRATION AND ASSOCIATED
ACTIVITIES ..........................................................................
21,243
21,243
21,243
21,243
TOTAL UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES ........................................
21,243
21,243
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1967
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
010
010
010
050
060
070
080
090
Item
FY 2026
Request
Conference
Authorized
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
ACQ WORKFORCE DEV FD .............................................................
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT .................................................................................
45,346
45,346
45,346
45,346
TOTAL DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND ......
45,346
45,346
100,793
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
AID
HUMANITARIAN ASSISTANCE
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ........
Program increase ...........................................................................
SUBTOTAL HUMANITARIAN ASSISTANCE ...............
100,793
103,446
[2,653]
103,446
TOTAL OVERSEAS HUMANITARIAN, DISASTER,
AND CIVIC AID ...............................................................
100,793
103,446
COOPERATIVE THREAT REDUCTION ACCOUNT
FSU THREAT REDUCTION
COOPERATIVE THREAT REDUCTION ..........................................
SUBTOTAL FSU THREAT REDUCTION .......................
282,830
282,830
282,830
282,830
TOTAL COOPERATIVE THREAT REDUCTION
ACCOUNT ..........................................................................
282,830
282,830
ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
ENVIRONMENTAL RESTORATION, ARMY ...................................
SUBTOTAL DEPARTMENT OF THE ARMY ................
148,070
148,070
148,070
148,070
TOTAL
ENVIRONMENTAL
RESTORATION,
ARMY ...................................................................................
148,070
148,070
ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
ENVIRONMENTAL RESTORATION, NAVY ...................................
SUBTOTAL DEPARTMENT OF THE NAVY .................
357,949
357,949
357,949
357,949
TOTAL
ENVIRONMENTAL
RESTORATION,
NAVY ....................................................................................
357,949
357,949
ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
ENVIRONMENTAL RESTORATION, AIR FORCE .........................
SUBTOTAL DEPARTMENT OF THE AIR FORCE .....
342,149
342,149
342,149
342,149
TOTAL ENVIRONMENTAL RESTORATION, AIR
FORCE ................................................................................
342,149
342,149
ENVIRONMENTAL RESTORATION, DEFENSE
DEFENSE-WIDE
ENVIRONMENTAL RESTORATION, DEFENSE ...........................
SUBTOTAL DEFENSE-WIDE .............................................
8,885
8,885
8,885
8,885
TOTAL ENVIRONMENTAL RESTORATION, DEFENSE .................................................................................
8,885
8,885
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
DEFENSE-WIDE
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
SUBTOTAL DEFENSE-WIDE .............................................
235,156
235,156
235,156
235,156
TOTAL ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES ...............................
235,156
235,156
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1968
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line
Item
TOTAL OPERATION & MAINTENANCE ...................
Conference
Authorized
295,660,213
291,544,245
TITLE XLIV—MILITARY
PERSONNEL
1
2
3
FY 2026
Request
SEC. 4401. MILITARY PERSONNEL.
SEC. 4401. MILITARY PERSONNEL
(In Thousands of Dollars)
Item
FY 2026
Request
Conference
Authorized
Military Personnel Appropriations .......................................................................
Historical unobligated balances ............................................................................
Medicare-Eligible Retiree Health Care Fund Contributions ................................
181,803,137
12,850,165
180,304,527
[–1,498,610]
12,850,165
TOTAL, Military Personnel ...............................................................
194,653,302
193,154,692
TITLE XLV—OTHER
AUTHORIZATIONS
4
5
6
SEC. 4501. OTHER AUTHORIZATIONS.
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
Program Title
FY 2026
Request
Conference
Authorized
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS ...........................................................................
TOTAL WORKING CAPITAL FUND, ARMY ..............................
20,589
20,589
20,589
20,589
WORKING CAPITAL FUND, NAVY
NAVAL SURFACE WARFARE CENTERS .....................................................
TOTAL WORKING CAPITAL FUND, NAVY ...............................
381,600
381,600
381,600
381,600
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS .........................................................................
TOTAL WORKING CAPITAL FUND, AIR FORCE ...................
90,262
90,262
90,262
90,262
5,700
5,700
5,700
5,700
1,272
10,697
11,969
1,272
10,697
–400,000
[–400,000]
–388,031
1,527,817
1,527,817
1,527,817
1,527,817
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND
DEFENSE STOCKPILE ....................................................................................
TOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND ...................................................................................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION SERVICES
ENERGY MANAGEMENT—DEF ....................................................................
SUPPLY CHAIN MANAGEMENT—DEFENSE .............................................
UNDISTRIBUTED .............................................................................................
Reduction of WCF cash balances ........................................................
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE .........
WORKING CAPITAL FUND, DEFENSE COMMISSARY AGENCY
WORKING CAPITAL FUND, DECA ................................................................
TOTAL WORKING CAPITAL FUND, DEFENSE COMMISSARY AGENCY ...........................................................................
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1969
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
FY 2026
Request
Program Title
CHEM DEMILITARIZATION—O&M ...............................................................
CHEM DEMILITARIZATION—RDT&E ..........................................................
TOTAL CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE .................................................................
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
COUNTER-NARCOTICS SUPPORT ................................................................
CLASSIFIED PROGRAMS ................................................................................
DRUG DEMAND REDUCTION PROGRAM ....................................................
NATIONAL GUARD COUNTER-DRUG PROGRAM ......................................
National Guard Counter-Drug Program .............................................
NATIONAL GUARD COUNTER-DRUG SCHOOLS .......................................
TOTAL DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES, DEFENSE ..................................................................
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE ...............................................................
Staffing and operations .......................................................................
OPERATION AND MAINTENANCE—CYBER ..............................................
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION .......................
PROCUREMENT ................................................................................................
TOTAL OFFICE OF THE INSPECTOR GENERAL .................
3,243
210,039
3,243
210,039
213,282
213,282
398,424
254,460
134,938
110,125
6,354
398,424
254,460
134,938
210,125
[100,000]
6,354
904,301
1,004,301
494,865
509,865
[15,000]
2,030
4,625
1,079
517,599
2,030
4,625
1,079
502,599
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE ...............................................................................................
10 USC 1097e .....................................................................................
PRIVATE SECTOR CARE .................................................................................
CONSOLIDATED HEALTH SUPPORT ..........................................................
INFORMATION MANAGEMENT .....................................................................
MANAGEMENT ACTIVITIES ..........................................................................
EDUCATION AND TRAINING .........................................................................
BASE OPERATIONS/COMMUNICATIONS .....................................................
R&D RESEARCH ...............................................................................................
R&D EXPLORATRY DEVELOPMENT ...........................................................
Freeze-Dried Platelet Hemostatics ......................................................
Musculoskeletal Regenerative Medicine ...............................................
R&D ADVANCED DEVELOPMENT ................................................................
R&D DEMONSTRATION/VALIDATION .........................................................
R&D ENGINEERING DEVELOPMENT ..........................................................
R&D MANAGEMENT AND SUPPORT ............................................................
R&D CAPABILITIES ENHANCEMENT .........................................................
PROC INITIAL OUTFITTING .........................................................................
PROC REPLACEMENT & MODERNIZATION ...............................................
PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM .......
PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER ....
TOTAL DEFENSE HEALTH PROGRAM .....................................
333,072
178,983
117,190
99,338
19,071
24,597
222,445
30,732
77,047
40,502,123
10,751,135
[20,000]
21,023,765
2,116,278
2,271,798
303,898
371,426
2,356,290
41,660
192,398
[5,000]
[4,000]
333,072
178,983
117,190
99,338
19,071
24,597
222,445
30,732
77,047
40,531,123
TOTAL OTHER AUTHORIZATIONS .............................................
44,160,242
43,904,242
10,731,135
21,023,765
2,116,278
2,271,798
303,898
371,426
2,356,290
41,660
183,398
TITLE XLVI—MILITARY
CONSTRUCTION
1
2
3
Conference
Authorized
SEC. 4601. MILITARY CONSTRUCTION.
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
FY 2026
Request
Conference
Authorized
ARMY
Army
Army
Alabama
Anniston Army Depot
Redstone Arsenal
Army
Alaska
Fort Wainwright
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
ACCESS CONTROL POINT ..................................
COST TO COMPLETE—PROPULSION SYSTEMS BUILDING.
0
55,000
50,000
55,000
BARRACKS .............................................................
208,000
80,000
G:\CMTE\AS\26\C\RCP.XML
1970
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
State/Country and
Installation
Project Title
Fort Wainwright
Arizona
Fort Huachuca
Yuma Proving Ground
Florida
Eglin Air Force Base
Naval Air Station Key
West
Georgia
Fort Benning
Fort Gillem
Fort Gordon
DINING FACILITY (DESIGN) .............................
0
8,000
FLIGHT CONTROL TOWER (DESIGN) .............
POLE LINE ROAD (DESIGN) ..............................
0
0
0
0
BARRACKS .............................................................
JOINT INTER-AGENCY TASK FORCE-SOUTH
COMMAND AND CONTROL FACILITY (INC).
91,000
50,000
50,000
50,000
CAMP MERRILL BARRACKS (DESIGN) ...........
EVIDENCE STORAGE BUILDING .....................
CYBER FACULTY OPERATIONS AND AUDITORIUM FACILITY (DESIGN).
0
166,000
0
0
45,000
0
KNOWN DISTANCE RANGE ...............................
LIVE FIRE EXERCISE SHOOTHOUSE .............
VEHICLE MAINTENANCE SHOP .......................
VEHICLE MAINTENANCE SHOP .......................
9,800
13,200
39,000
92,000
9,800
13,200
39,000
92,000
PDI: GUAM DEFENSE
PHASE 2 (INC).
EIAMD,
33,000
33,000
AIRFIELD OPERATIONS BUILDING ................
0
0
MCA WILDLAND FIRE STATION (DESIGN) ...
0
2,100
CHILD DEVELOPMENT CENTER .....................
FORGING EQUIPMENT ANNEX (DESIGN) .....
0
0
50,000
5,000
PYROTECHNIC PRODUCTION FACILITY ........
161,000
72,000
AIR TRAFFIC CONTROL TOWER ......................
AUTOMATED INFANTRY PLATOON BATTLE
COURSE.
BARRACKS (DESIGN) ..........................................
0
13,200
26,000
13,200
0
16,000
AIR TRAFFIC CONTROL TOWER ......................
BARRACKS .............................................................
FLIGHT CONTROL TOWER ................................
0
112,000
0
0
40,000
45,000
APPLIED SCIENCE CENTER, ABERDEEN
PROVING GROUND (DESIGN).
0
0
AIRCRAFT MAINTENANCE HANGAR ADDITION DESIGN).
ORTC TRANSIENT TRAINING BARRACKS
(DEISGN).
RANGE 41C, AUTOMATED RECORD FIRE
PLUS RANGE (DESIGN).
CHILD DEVELOPMENT CENTER .....................
ELECTRICAL SWITCHING STATION ...............
0
9,500
0
8,300
0
2,500
31,000
29,000
31,000
29,000
AUTOMATED INFANTRY PLATOON BATTLE
COURSE.
COST TO COMPLETE AIRCRAFT MAINTENANCE HANGAR.
19,000
19,000
24,000
24,000
AUTOMATED-AIDED INSTRUCTION BUILDING (DESIGN).
COST TO COMPLETE—AMMUNITION DEMOLITION SHOP.
0
9,300
55,000
55,000
DEFENSE ACCESS ROADS .................................
7,500
7,500
GUIDED MISSILE MAINTENANCE BUILDING
84,000
84,000
RADAR TEST RANGE EXPANSION ...................
68,000
68,000
AIRFIELD APRON & TAXIWAY REPAIR ..........
0
43,000
COST TO COMPLETE—FAMILY HOUSING
REPLACEMENT CONSTRUCTION.
0
14,000
CHILD DEVELOPMENT CENTER .....................
51,000
51,000
Germany
Smith Barracks
Smith Barracks
Smith Barracks
U.S. Army Garrison
Ansbach
Guam
Joint Region Marianas
Hawaii
Pohakuloa Training
Area
Schofield Barracks
Illinois
Rock Island Arsenal
Rock Island Arsenal
Indiana
Crane Army Ammunition Plant
Kansas
Fort Riley
Fort Riley
Fort Riley
Kentucky
Fort Campbell
Fort Campbell
Fort Campbell
Maryland
Aberdeen Proving
Ground
New York
Fort Drum
Army
Fort Drum
Army
Fort Drum
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
Army
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Fort Hamilton
Watervliet Arsenal
North Carolina
Fort Bragg
Fort Bragg
Oklahoma
Fort Sill
McAlester Army Ammunition Plant
Pennsylvania
Letterkenny Army
Depot
Letterkenny Army
Depot
Tobyhanna Army
Depot
Republic of the Marshall
Islands
U.S. Army Garrison
Kwajalein
U.S. Army Garrison
Kwajalein
South Carolina
Fort Jackson
(1035098|1)
SYSTEM,
FY 2026
Request
Conference
Authorized
G:\CMTE\AS\26\C\RCP.XML
1971
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Texas
Corpus Christi Army
Depot
Red River Army Depot
Army
FY 2026
Request
Project Title
60,000
60,000
93,000
48,000
AIRFIELD FIRE AND RESCUE STATION ........
0
79,000
COMMAND & CONTROL FACILITY ...................
128,000
55,000
BARRACKS (DESIGN) ..........................................
0
50,000
DESIGN ...................................................................
287,557
287,557
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION ($6,159,744 TRANSFERRED FROM O&M).
HOST NATION SUPPORT ....................................
0
0
46,031
46,031
68,453
68,453
79,218
79,218
CON-
0
10,000
CON-
0
40,000
Subtotal Military Construction, Army ..........................................................................
2,173,959
2,072,659
UDP TRANSIENT BARRACKS (DESIGN) .........
0
0
WATER TREATMENT PLANT (DESIGN) .........
0
26,100
PDI: AIRCRAFT PARKING APRON (INC) .........
190,630
190,630
COST TO COMPLETE—FLEET
NANCE FACILITY & TOC.
MAINTE-
42,000
42,000
COMMUNICATION CENTER (AREA 52) ...........
18,480
23,500
FIRE EMERGENCY RESPONSE STATION .......
0
43,800
MESS HALL & ARMORY (AREA 43) ...................
108,740
22,740
F–35 AIRCRAFT MAINTENANCE HANGAR
(DESIGN).
STRIKE FIGHTER CENTER OF EXCELLENCE PACIFIC (INC).
CHILD DEVELOPMENT CENTER (DESIGN) ..
0
33,490
55,542
55,542
0
8,900
FORD CLASS CVN INFRASTRUCTURE UPGRADES, PIER LIMA.
UNACCOMPANIED HOUSING .............................
103,000
24,000
0
45,431
RECONFIGURABLE CYBER LABORATORY ....
0
68,000
CHILD DEVELOPMENT CENTER .....................
86,820
86,820
COMMUNITY & AIRFIELD AREA FLOOD
PROTECTION.
COST TO COMPLETE—MQ–25 AIRCRAFT
MAINTENANCE HANGAR.
NAVAL INNOVATION CENTER (INC) ...............
0
38,443
71,200
71,200
30,000
30,000
SUBMARINE PIER 8 REPLACEMENT ..............
0
44,242
WEAPONS MAGAZINE & ORDNANCE OPERATIONS FACILITY.
30,000
30,000
Army
Washington
Joint Base LewisMcChord
Joint Base LewisMcChord
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Army
Army
Army
Army
Army
Army
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Army
Army
Army
Army
NAVY & MARINE CORPS
Arizona
Navy & Marine
Marine Corps Air StaCorps
tion Yuma
Navy & Marine
Marine Corps Air StaCorps
tion Yuma
Australia
Navy & Marine
Royal Australian Air
Corps
Force Base Darwin
Bahrain
Navy & Marine
Naval Support Activity
Corps
Bahrain
California
Navy & Marine
Marine Corps Base
Corps
Camp Pendleton
Marine Corps Base
Navy & Marine
Corps
Camp Pendleton
Navy & Marine
Marine Corps Base
Corps
Camp Pendleton
Navy & Marine
Naval Air Station
Corps
Lemoore
Navy & Marine
Naval Air Station
Corps
Lemoore
Navy & Marine
Naval Air Weapons
Corps
Station China Lake
Navy & Marine
Naval Base Coronado
Corps
Navy & Marine
Naval Base Coronado
Corps
Navy & Marine
Naval Base Point
Corps
Loma
Navy & Marine
Naval Base San Diego
Corps
Navy & Marine
Naval Base Ventura
Corps
County Point Mugu
Navy & Marine
Naval Base Ventura
Corps
County Point Mugu
Navy & Marine
Naval Support Activity
Corps
Monterey
Connecticut
Navy & Marine
Naval Submarine Base
Corps
New London
Navy & Marine
Naval Submarine Base
Corps
New London
District of Columbia
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
COST TO COMPLETE—POWERTRAIN FACILITY (ENGINE ASSEMBLY).
COST TO COMPLETE—COMPONENT REBUILD SHOP.
Conference
Authorized
PDI: INDOPACOM MINOR CONSTRUCTION
PILOT.
UNSPECIFIED MINOR CONSTRUCTION .........
UNSPECIFIED MINOR MILITARY
STRUCTION (DEMOLITION).
UNSPECIFIED MINOR MILITARY
STRUCTION (LABS).
G:\CMTE\AS\26\C\RCP.XML
1972
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
Navy & Marine
Corps
Marine Barracks
Washington (8th
Street & I)
District of Columbia
Naval Research Laboratory
Djibouti
Camp Lemmonier
BACHELOR ENLISTED QUARTERS & SUPPORT FACILITY (INC).
65,900
65,900
BIOMOLECULAR SCIENCE & SYNTHETIC BIOLOGY LABORATORY.
0
157,000
ELECTRICAL POWER PLANT (INC) .................
51,600
51,600
COST TO COMPLETE—ENGINEERING TEST
FACILITY.
COMMUNICATIONS CENTER AND INFRASTRUCTURE.
15,600
15,600
0
45,425
CHILD DEVELOPMENT CENTER (DESIGN) ..
0
4,575
F–35 AIRCRAFT ENGINE REPAIR FACILITY
0
78,117
MULTI AIRCRAFT PAINT & STRIP (DESIGN)
0
26,515
CONSOLIDATED ″A″ SCHOOL DORMITORY ...
0
45,502
ADVANCED HELICOPTER TRAINING SYSTEM HANGAR (INC).
CHILD DEVELOPMENT CENTER (DESIGN) ..
98,505
98,505
0
3,000
TRIDENT REFIT FACILITY EXPANSION—
COLUMBIA (INC).
119,030
119,030
PDI: JOINT CONSOLIDATED COMMUNICATIONS CENTER (INC).
PDI: WATER WELLS ............................................
181,124
121,124
70,070
70,070
BLK V VA CLASS OPERATIONAL STORAGE
FACILITY.
NEX COLD STORAGE WAREHOUSE ................
0
0
0
0
PDI: COST TO COMPLETE—X-RAY WHARF
BERTH.
PDI: DEFENSE ACCESS ROADS ........................
31,000
31,000
0
50,000
158,600
83,600
87,270
87,270
Joint Region Marianas
PDI: JOINT COMMUNICATION UPGRADE
(INC).
PDI: MISSILE INTEGRATION TEST FACILITY (INC).
POLARIS POINT ECP UPGRADE .......................
0
0
Joint Region Marianas
POLARIS POINT SUBMARINE PIER .................
0
0
Joint Region Marianas
SATELLITE FIRE STATION ...............................
0
0
Joint Region Marianas
SUBMARINE
MAINTENANCE
FACILITY
PHASES 1–3.
UTILITY INFRASTRUCTURE & ACCESS
ROAD.
PDI: INNER APRA HARBOR RESILIENCY ......
0
0
0
32,000
105,950
105,950
PDI: ARTILLERY BATTERY FACILITIES
(INC).
PDI: RECYCLE CENTER .....................................
64,774
64,774
61,010
61,010
DDG–1000 SHIP SUPPORT INFRASTRUCTURE UPGRADES.
DRY DOCK 3 REPLACEMENT (INC) .................
83,000
83,000
553,720
492,720
WATER TREATMENT PLANT (INC) .................
141,650
141,650
ELECTRICAL DISTRIBUTION MODERNIZATION.
MAIN GATE ENTRY REPLACEMENT ...............
0
15,690
0
49,260
WATER RECLAMATION FACILITY COMPLIANCE UPGRADE (INC).
108,350
37,350
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Florida
Cape Canaveral Space
Force Station
Marine Corps Support
Facility Blount Island
Naval Air Station
Jacksonville
Naval Air Station
Jacksonville
Naval Air Station
Jacksonville
Naval Air Station Pensacola
Naval Air Station
Whiting Field
Naval Air Station
Whiting Field
Georgia
Naval Submarine Base
Kings Bay
Guam
Andersen Air Force
Base
Andersen Air Force
Base
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Naval Base Guam
Marine Corps Base
Camp Blaz
Marine Corps Base
Camp Blaz
Hawaii
Joint Base Pearl Harbor-Hickam
Joint Base Pearl Harbor-Hickam
Joint Base Pearl Harbor-Hickam
Marine Corps Base
Kaneohe Bay
Marine Corps Base
Kaneohe Bay
Marine Corps Base
Kaneohe Bay
(1035098|1)
FY 2026
Request
Conference
Authorized
G:\CMTE\AS\26\C\RCP.XML
1973
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
Navy & Marine
Corps
Pacific Missile Range
Facility Barking
Sands
Japan
Marine Corps Base
Camp Smedley D.
Butler
Maine
Portsmouth Naval
Shipyard
Portsmouth Naval
Shipyard
Maryland
Naval Support Activity
Washington Suitland
Naval Surface Warfare
Center Indian Head
US Naval Academy
Annapolis
Nevada
Naval Air Station
Fallon
North Carolina
Marine Corps Air Station Cherry Point
Marine Corps Air Station Cherry Point
Marine Corps Base
Camp Lejeune
Pennsylvania
Naval Support Activity
Mechanicsburg
Rhode Island
Naval Station Newport
PDI: AIRFIELD PAVEMENT UPGRADES .........
235,730
65,730
PDI: SCHOOL AGE CARE CENTERS .................
58,000
58,000
MULTI-MISSION DRYDOCK #1 EXTENSION
(INC).
POWER RELIABILITY & WATER RESILIENCE UPGRADES (INC).
220,793
220,793
227,769
227,769
FOREIGN MATERIALS EXPLOITATION LAB
114,000
73,000
CONTAINED BURN FACILITY (INC) ................
0
65,000
STORM WATER MANAGEMENT FACILITIES
0
86,000
IMPROVE-
47,000
47,000
F–35 AIRCRAFT SUSTAINMENT CTR (INC) ...
200,000
40,000
FLIGHTLINE UTILITIES MODERNIZATION,
PHASE 2 (DESIGN).
AMPHIBIOUS COMBAT VEHICLE SHELTERS
0
15,000
0
48,280
MACHINERY
CENTER.
DEVELOPMENT
0
94,140
CONSOLIDATED RDT&E SYSTEMS FACILITY
0
40,000
NEXT GENERATION SECURE SUBMARINE
PLATFORM FACILITY.
NEXT GENERATION TORPEDO INTEGRATION LAB.
SUBMARINE PAYLOAD INTEGRATION LABORATORY.
0
73,000
0
37,000
0
40,000
NUCLEAR POWER TRAINING FACILITY SIMULATION EXPANSION (INC).
65,400
65,400
COST TO COMPLETE—CHILD DEVELOPMENT CENTER.
12,360
12,360
EOD EXPEDITIONARY MINE COUNTERMEASURES FACILITY (DESIGN).
0
12,000
WATER TREATMENT PLANT ............................
63,560
63,560
11,700
11,700
93,307
93,307
Naval Station Norfolk
COST TO COMPLETE—CHILD DEVELOPMENT CENTER.
ELECTRICAL DISTRIBUTION SYSTEM UPGRADES (INC).
MQ–25 AIRCRAFT LAYDOWN FACILITIES .....
20,430
20,430
Naval Station Norfolk
POWER UPGRADES—PIER 14 (DESIGN) ........
0
15,000
Naval Station Norfolk
PPV UNACCOMPANIED HOUSING INVESTMENT.
SHORE POWER FOR VIRGINIA CLASS SUBMARINES (DESIGN).
WEAPONS MAGAZINES (INC) ............................
380,000
380,000
0
2,200
71,758
71,758
DRY DOCK 3 MODERNIZATION (INC) .............
188,576
188,576
EA–18G GROWLER MAINTENANCE FACILITY.
TRIDENT REFIT FACILITY WAREHOUSE .....
0
75,000
245,700
95,700
48,800
48,800
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Naval Station Newport
Naval Station Newport
Naval Station Newport
South Carolina
Joint Base Charleston
Virginia
Joint Expeditionary
Base Little CreekFort Story
Joint Expeditionary
Base Little CreekFort Story
Marine Corps Base
Quantico
Naval Station Norfolk
Naval Station Norfolk
Naval Weapons Station
Yorktown
Naval Weapons Station
Yorktown
Norfolk Naval Shipyard
Washington
Naval Air Station
Whidbey Island
Naval Base KitsapBangor
Puget Sound Naval
Shipyard
Worldwide Unspecified
(1035098|1)
RANGE TRAINING
MENTS.
COMPLEX
CONTROL
FY 2026
Request
COST TO COMPLETE—CVN 78 AIRCRAFT
CARRIER ELECTRICAL UPGRADES.
Conference
Authorized
G:\CMTE\AS\26\C\RCP.XML
1974
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
BARRACKS (DESIGN) ..........................................
0
50,000
BARRACKS (DESIGN) ..........................................
0
69,208
DATA PROCESSING FACILITY ..........................
57,190
57,190
DESIGN ...................................................................
562,423
562,423
0
0
Navy & Marine
Corps
Unspecified Worldwide
Locations
0
0
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Navy & Marine
Corps
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION (MARINE CORPS)
($2,079,890 TRANSFERRED FROM O&M).
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION (NAVY) ($3,991,438
TRANSFERRED FROM O&M).
INDOPACOM MILITARY CONSTRUCTION
PILOT PROGRAM.
JOINT MARITIME FACILITY ..............................
162,855
162,855
72,430
82,880
SIOP (DESIGN) ......................................................
0
110,000
UNSPECIFIED MINOR CONSTRUCTION .........
119,331
119,331
CON-
0
10,000
CON-
0
40,000
Subtotal Military Construction, Navy & Marine Corps ..........................................
6,012,677
6,772,465
0
0
1,750
13,200
0
0
152,000
82,000
UNSPECIFIED MINOR MILITARY
STRUCTION (DEMOLITION).
UNSPECIFIED MINOR MILITARY
STRUCTION (LABS).
FY 2026
Request
Conference
Authorized
AIR FORCE
Air Force
Air Force
Alaska
Eielson Air Force Base
Eielson Air Force Base
Air Force
Eielson Air Force Base
Air Force
Air Force
Joint Base ElmendorfRichardson
Arizona
Davis-Monthan Air
Force Base
Davis-Monthan Air
Force Base
Luke Air Force Base
California
Travis Air Force Base
Diego Garcia
Naval Support Facility
Diego Garcia
Florida
Cape Canaveral Space
Force Station
Cape Canaveral Space
Force Station
Cape Canaveral Space
Force Station
Eglin Air Force Base
Air Force
Eglin Air Force Base
Air Force
Air Force
Eglin Air Force Base
Eglin Air Force Base
Air Force
Eglin Air Force Base
Air Force
Air Force
Air Force
Hurlburt Field
MacDill Air Force
Base
MacDill Air Force
Base
MacDill Air Force
Base
Tyndall Air Force Base
Georgia
Moody Air Force Base
Air Force
Air Force
Moody Air Force Base
Robins Air Force Base
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
COAL THAW SHED ADDITION (DESIGN) .......
CONSOLIDATED MUNITIONS COMPLEX (DESIGN).
JOINT PACIFIC ALASKA RANGE COMPLEX
OPERATIONS FACILITY (DESIGN).
JOINT INTEGRATED TEST & TRAINING
CENTER (INC).
COMMUNICATIONS HEADQUARTERS FACILITY.
MC–130J
HANGAR/AIRCRAFT
MAINTENANCE UNIT.
CHILD DEVELOPMENT CENTER .....................
49,000
49,000
125,000
50,000
0
45,000
CHILD DEVELOPMENT CENTER .....................
60,000
60,000
OPERATIONS SUPPORT FACILITY ..................
29,000
29,000
INSTALL WASTE WATER ″FORCE″ MAIN,
ICBM ROAD.
INSTALL WATER MAIN, ICBM ROAD ..............
11,400
11,400
10,400
10,400
PHILLIPS PARKWAY HAUL ROUTE ................
28,000
28,000
350TH SPECTRUM WARFARE WING (DESIGN).
CHILD DEVELOPMENT CENTER WITH
LAND ACQUISITION.
F–35A ADAL SQUADRON OPERATIONS ..........
F–35A DEVELOPMENTAL TEST 2–BAY MX
HANGAR.
F–35A DEVELOPMENTAL TEST 2–BAY TEST
HANGAR.
361 ISRG MISSION OPERATIONS FACILITY ..
KC–46A ADAL AIRCRAFT MAINTENANCE
HANGAR 2.
KC–46A ADAL AIRCRAFT MAINTENANCE
HANGAR 3.
KC–46A GENERAL PURPOSE WAREHOUSE ...
0
3,300
41,000
57,000
23,000
52,000
23,000
52,000
50,000
50,000
0
30,000
66,000
30,000
33,000
33,000
11,000
11,000
FIRE/CRASH RESCUE STATION .......................
0
0
23RD SECURITY FORCES SQUADRON OPS
FACILITY.
MILITARY WORKING DOG KENNEL ................
AIR TRAFFIC CONTROL TOWER ......................
0
35,000
0
28,000
0
28,000
G:\CMTE\AS\26\C\RCP.XML
1975
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
State/Country and
Installation
Germany
Ramstein Air Base
Ramstein Air Base
Greenland
Pituffik Space Base
Hawaii
Joint Base Pearl Harbor-Hickam
Japan
Kadena Air Base
Louisiana
Barksdale Air Force
Base
Barksdale Air Force
Base
Maryland
Joint Base AnacostiaBolling
Massachusetts
Hanscom Air Force
Base
Mississippi
Columbus Air Force
Base
Missouri
Whiteman Air Force
Base
Whiteman Air Force
Base
Montana
Malmstrom Air Force
Base
Nebraska
Offutt Air Force Base
Offutt Air Force Base
Offutt Air Force Base
New Jersey
Joint Base McGuireDix-Lakehurst
Joint Base McGuireDix-Lakehurst
New Mexico
Cannon Air Force Base
Cannon Air Force Base
Cannon Air Force Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
North Carolina
Seymour Johnson Air
Force Base
Seymour Johnson Air
Force Base
Norway
Royal Norwegian Air
Force Base Rygge
Ohio
Wright-Patterson Air
Force Base
Wright-Patterson Air
Force Base
Wright-Patterson Air
Force Base
Oklahoma
Tinker Air Force Base
Tinker Air Force Base
Tinker Air Force Base
South Dakota
Ellsworth Air Force
Base
(1035098|1)
FY 2026
Request
Project Title
Conference
Authorized
35 POINT INDOOR FIRING RANGE ..................
AEROMEDICAL EVACUATION COMPOUND ....
44,000
29,000
44,000
0
RUNWAY APPROACH LANDING SYSTEM .......
32,000
32,000
COMBINED OPERATIONS CENTER (DESIGN)
0
5,000
PDI: THEATER A/C CORROSION CONTROL
CENTER (INC).
66,350
66,350
CHILD DEVELOPMENT CENTER (DESIGN) ..
0
2,200
WEAPONS GENERATION FACILITIES DORMITORY.
116,000
18,000
LARGE VEHICLE INSPECTION STATION .......
0
0
FIRE STATION ......................................................
55,000
55,000
WATER TANK STORAGE .....................................
0
14,200
B–21 ADAL WEAPONS RELEASE SYSTEM
STORAGE.
B–21 RADIO FREQUENCY HANGAR .................
13,600
13,600
114,000
20,000
WEAPONS STORAGE & MAINTENANCE FACILITY (INC).
60,000
60,000
SAOC BEDDOWN—1–BAY HANGAR (DESIGN)
SAOC BEDDOWN—2–BAY HANGAR (DESIGN)
SAOC BEDDOWN—SUPPLY STORAGE FACILITY (DESIGN).
0
0
0
19,000
16,000
7,350
WELL NO. 5 ............................................................
0
0
WELL NO. 6 ............................................................
0
0
192 BED DORMITORY (DESIGN) .......................
DEPLOYMENT PROCESSING CENTER ............
DORMITORY ...........................................................
58 SOW/PJ/CRO PIPELINE DORM .....................
0
0
90,000
0
0
79,000
10,000
10,000
COMBAT RESCUE HELICOPTER SIMULATOR
0
0
EXPLOSIVE OPERATIONS BUILDING .............
0
26,000
JOINT NAVIGATION WARFARE
HEADQUARTERS (DESIGN).
SPACE
RAPID
CAPABILITIES
HEADQUARTERS.
CENTER
0
0
OFFICE
83,000
83,000
CHILD DEVELOPMENT CENTER .....................
0
54,000
COMBAT ARMS TRAINING AND MAINTENANCE COMPLEX.
0
41,000
QUICK REACTION AIRCRAFT HANGAR ..........
72,000
72,000
AI SUPERCOMPUTING CENTER (DESIGN) ....
0
0
HUMAN PERFORMANCE CENTER LAB ..........
0
45,000
RUNWAY (DESIGN) ..............................................
0
15,000
BOMBER AGILE COMMON HANGAR (INC) .....
CHILD DEVELOPMENT CENTER .....................
E–7 SQUAD OPERATIONS CENTER .................
127,000
54,000
0
15,000
54,000
10,000
B–21 ADD FLIGHT SIMULATOR 2 ....................
63,000
63,000
G:\CMTE\AS\26\C\RCP.XML
1976
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and
Installation
Project Title
Ellsworth Air Force
Base
Ellsworth Air Force
Base
Ellsworth Air Force
Base
Ellsworth Air Force
Base
Tennessee
Arnold Air Force Base
Texas
Dyess Air Force Base
B–21 ALERT FACILITY .......................................
71,000
71,000
B–21 ENVIRONMENTAL PROTECTION SHELTERS.
B–21 S. ENVIRONMENTAL PROTECTION
SHELTERS.
B–21 W. ALERT APRON & ENVIRONMENTAL
PROTECTION SHELTERS.
75,000
75,000
88,000
88,000
81,000
81,000
INSTALLATION ACP GATE 2 UPGRADE .........
0
0
B–21 LOW OBSERVABLE CORROSION HANGAR AND THE MISSION PLANNING FACILITY (DESIGN).
B–21 MISSION PLANNING FACILITY ...............
B–21 UTILITIES & SITE IMPROVEMENTS ......
GATE REPAIRS (DESIGN) ..................................
PIPELINE STUDENT DORMITORY ...................
0
24,700
78,000
12,800
0
112,000
78,000
12,800
4,500
23,000
4
79,000
39,000
RADR STORAGE FACILITY ................................
20,000
20,000
SURETY: COMMAND POST .................................
104,000
10,000
SURETY: DEFENDER OPERATIONS COMPOUND.
149,000
10,000
F–35 CANOPY REPAIR FACILITY (DESIGN) ..
F–35 MAINTENANCE FACILITY, PHASE 1
(INC).
T–7A DEPOT MAINTENANCE COMPLEX
(INC).
0
22,000
2,600
22,000
178,000
113,000
FUEL SYSTEM MAINTENANCE DOCK ............
0
0
192ND WING HEADQUARTERS (DESIGN) ......
0
0
ALTERATION AIRCRAFT
HOUSE (DESIGN).
WARE-
0
2,500
BARRACKS (DESIGN) ..........................................
0
50,000
DESIGN ...................................................................
573,223
573,223
FACILITIES, SUSTAINMENT, RESTORATION
&
MODERNIZATION
(AIR
FORCE)
($3,093,331 TRANSFERRED FROM O&M).
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION (SPACE FORCE).
INDOPACOM MILITARY CONSTRUCTION
PILOT PROGRAM.
UNSPECIFIED MINOR CONSTRUCTION .........
0
0
0
0
123,800
123,800
72,900
72,900
CON-
0
10,000
CON-
0
40,000
GBSD UTILITY CORRIDOR (INC) ......................
130,000
130,000
Subtotal Military Construction, Air Force ..................................................................
3,721,473
3,394,773
GENERAL PURPOSE WAREHOUSE ..................
32,000
32,000
POWER GENERATION & MICROGRID ..............
0
20,600
SOF SEAL TEAM SEVENTEEN OPERATIONS
FACILITY.
MEDICAL WAREHOUSE ADDITION .................
POWER GENERATION & MICROGRID ..............
0
75,900
49,980
0
49,980
25,120
Account
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Dyess Air Force Base
Dyess Air Force Base
Dyess Air Force Base
Goodfellow Air Force
Base
Joint Base San Antonio-Lackland
United Kingdom
Royal Air Force
Feltwell
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Utah
Hill Air Force Base
Hill Air Force Base
Air Force
Hill Air Force Base
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Virginia
Joint Base LangleyEustis
Langley Air Force
Base
Washington
Fairchild Air Force
Base
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Wyoming
F.E. Warren Air Force
Base
BMT CLASSROOMS/DINING
(INC).
FY 2026
Request
FACILITY
PARTS
UNSPECIFIED MINOR MILITARY
STRUCTION (DEMOLITION).
UNSPECIFIED MINOR MILITARY
STRUCTION (LABS).
Conference
Authorized
DEFENSE-WIDE
Defense-Wide
Alabama
DLA Distribution Center Anniston
California
Armed Forces Reserve
Center Mountain
View
Naval Base Coronado
Defense-Wide
Defense-Wide
Travis Air Force Base
Travis Air Force Base
Defense-Wide
Defense-Wide
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1977
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Defense-Wide
Cuba
Naval Station Guantanamo Bay
Florida
Homestead Air Reserve
Base
Marine Corps Support
Facility Blount Island
Georgia
Fort Benning
Germany
Rhine Ordnance Barracks
U.S. Army Garrison
Ansbach (Storck
Barracks)
U.S. Army Garrison
Rheinland-Pfalz
Guam
Joint Region Marianas
Defense-Wide
Joint Region Marianas
Defense-Wide
Defense-Wide
Joint Region Marianas
Naval Base Guam
Japan
Marine Corps Air Station Iwakuni
Maryland
Fort Meade
Fort Meade
Walter Reed National
Military Medical
Center
Massachusetts
Cape Cod Space Force
Station
New Mexico
White Sands Missile
Range
North Carolina
Fort Bragg
Fort Bragg
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Fort Bragg
Defense-Wide
Defense-Wide
Fort Bragg
Fort Bragg
Defense-Wide
Fort Bragg
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Marine Corps Base
Camp Lejeune
Marine Corps Base
Camp Lejeune
Pennsylvania
Defense Distribution
Depot New Cumberland
Harrisburg Air National Guard Base
Puerto Rico
Punta Borinquen
Texas
Camp Swift
Fort Hood
NSA Texas
United Kingdom
Royal Air Force
Lakenheath
Royal Air Force
Mildenhall
Utah
Camp Williams
Virginia
Pentagon
(1035098|1)
FY 2026
Request
Project Title
Conference
Authorized
HOSPITAL REPLACEMENT (INC 3) .................
35,794
35,794
SOF CLIMATE CONTROLLED TACTICAL
STORAGE WAREHOUSE.
POWER GENERATION & ELECTRICAL INFRASTRUCTURE RESILIENCE.
0
33,000
0
30,500
DEXTER ELEMENTARY SCHOOL ....................
127,375
22,375
MEDICAL CENTER REPLACEMENT (INC 12)
99,167
99,167
POWER GENERATION & MICROGRID ..............
0
73,000
TRAINING
16,700
16,700
PDI: GUAM DEFENSE SYSTEM, COMMAND
CENTER (INC).
PDI: GUAM DEFENSE SYSTEM, EIAMD,
PHASE 1 (INC).
POWER RESILIENCY UPGRADES .....................
POWER GENERATION & MICROGRID ..............
183,900
83,900
61,903
61,903
0
0
0
63,010
POWER GENERATION & MICROGRID ..............
0
10,000
NSAW EAST CAMPUS BUILDING #5 (INC 2)
NSAW VENONA WIDENING ................................
MEDCEN ADDITION/ALTERATION (INC 9) ....
455,000
26,600
70,000
230,000
26,600
70,000
POWER GENERATION & MICROGRID ..............
0
10,000
POWER GENERATION & MICROGRID ..............
0
38,500
POWER GENERATION & MICROGRID ..............
SOF FORWARD OPERATING BASE FREEDOM UPGRADES.
SOF JOINT INTELLIGENCE CENTER (DESIGN).
SOF MISSION COMMAND CENTER ..................
SOF OPERATIONAL AMMUNITION SUPPLY
POINT PHASE 1.
SOF OPERATIONAL AMMUNITION SUPPLY
POINT PHASE 2.
SOF COMBAT SERIVCE SUPPORT/MOTOR
TRANSPORT EXPANSION.
SOF MARINE RAIDER BATTALION OPS FACILITY (INC).
0
0
80,000
44,700
0
8,100
130,000
80,000
80,000
80,000
0
65,000
0
51,400
90,000
90,000
GENERAL PURPOSE WAREHOUSE ..................
90,000
90,000
SOF SIMULATOR FACILITY (MC–130J) ...........
13,400
13,400
RAMEY UNIT SCHOOL REPLACEMENT ..........
155,000
66,519
SMART WATER GRID ...........................................
CENTRAL ENERGY PLANT ................................
NSA/CSS TEXAS CRYPTOLOGIC CENTER
(INC).
0
0
500,000
19,800
34,500
500,000
HOSPITAL REPLACEMENT, PHASE 2 (INC) ..
322,200
47,200
SOF MRSP & PARTS STORAGE ..........................
45,000
45,000
POWER GENERATION & MICROGRID ..............
0
28,500
OPERATIONS FACILITY ......................................
34,000
34,000
SOF HUMAN
CENTER.
PERFORMANCE
G:\CMTE\AS\26\C\RCP.XML
1978
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Defense-Wide
State/Country and
Installation
Washington
Fairchild Air Force
Base
Manchester
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
FY 2026
Request
Project Title
Conference
Authorized
HYDRANT SYSTEM AREA C ...............................
85,000
85,000
BULK STORAGE TANKS, PHASE 3 ...................
71,000
71,000
DESIGN (DEFENSE-WIDE) .................................
26,571
26,571
DESIGN (DHA) ......................................................
29,077
29,077
DESIGN (DLA) .......................................................
30,900
30,900
DESIGN (ERCIP) ...................................................
38,669
38,669
DESIGN (MDA) ......................................................
21,360
21,360
DESIGN (NSA) .......................................................
14,842
14,842
DESIGN (SOCOM) ..................................................
32,731
32,731
DESIGN (TJS) ........................................................
2,000
2,000
DESIGN (WHS) ......................................................
14,851
14,851
ENERGY RESILIENCE & CONSERVATION INVESTMENT PROGRAM.
EXERCISE RELATED MINOR CONSTRUCTION.
INDOPACOM MILITARY CONSTRUCTION
PILOT PROGRAM.
UNSPECIFIED MINOR CONSTRUCTION (DEFENSE-WIDE).
UNSPECIFIED
MINOR
CONSTRUCTION
(DLA).
UNSPECIFIED
MINOR
CONSTRUCTION
(MDA).
UNSPECIFIED
MINOR
CONSTRUCTION
(NSA).
UNSPECIFIED
MINOR
CONSTRUCTION
(SOCOM).
684,330
0
4,727
4,727
77,000
77,000
3,000
3,000
3,084
3,084
4,140
4,140
6,000
6,000
25,000
25,000
Subtotal Military Construction, Defense-Wide ..........................................................
3,792,301
2,976,120
BRIDGE (DESIGN) ................................................
0
0
READINESS CENTER ADDITION ......................
55,000
55,000
(DE-
0
0
RANGE CONTROL (DESIGN) ..............................
0
3,050
READINESS CENTER (DESIGN) .......................
0
8,000
AIRCRAFT MAINTENANCE HANGAR ADDITION/ALTERATION.
0
55,000
MAINTE-
13,800
13,800
VEHICLE MAINTENANCE SHOP (DESIGN) ....
0
1,850
ALL-DOMAIN
WARFIGHTING
COMPLEX (DESIGN).
TRAINING
0
4,400
ARMY AVIATION SUPPORT FACILITY AND
READINESS CENTER (DESIGN).
ARMY AVIATION SUPPORT FACILITY (DESIGN).
0
11,600
0
2,200
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
ARMY NATIONAL GUARD
Arizona
Army National
Camp Navajo
Guard
Guam
Army National
Joint Forces HeadGuard
quarters—Guam
Illinois
Army National
General Richard L.
Guard
Jones National
Guard Readiness
Center
Army National
Marseilles Training
Guard
Center
Peoria Armory
Army National
Guard
Indiana
Army National
Shelbyville Armory
Guard
Iowa
Army National
Waterloo Armory
Guard
Kentucky
Army National
Jackson Field
Guard
Michigan
Army National
Camp Grayling
Guard
Mississippi
Army National
Camp Shelby
Guard
Army National
Meridian Readiness
Guard
Center and Army
Aviation Support Facility
Nevada
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
READINESS
SIGN).
CENTER
NATIONAL GUARD
NANCE SHOP.
ALTERATION
VEHICLE
G:\CMTE\AS\26\C\RCP.XML
1979
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and
Installation
Project Title
Henderson Armory
ARMORY EXPANSION (DESIGN) .......................
0
0
NATIONAL GUARD READINESS CENTER ......
26,000
26,000
SOLDIER PERFORMANCE READINESS CENTER (DESIGN).
0
4,250
READINESS CENTER ..........................................
0
90,000
AIRCRAFT MAINTENANCE HANGAR ADDITION/ALTERATION.
0
69,000
ARMORY (DESIGN) ...............................................
0
5,200
AUTOMATED MULTIPURPOSE
GUN (MPMG) RANGE.
MACHINE
0
16,000
NATIONAL GUARD
NANCE SHOP.
MAINTE-
28,000
28,000
AIRCRAFT MAINTENANCE HANGAR (DESIGN).
0
4,000
READINESS CENTER (DESIGN) .......................
0
0
COST TO COMPLETE—AIRCRAFT MAINTENANCE HANGAR.
15,500
15,500
DINING FACILITY (DESIGN) .............................
0
3,800
READINESS CENTER (DESIGN) .......................
0
0
DESIGN ...................................................................
13,580
13,580
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION.
UNSPECIFIED MINOR CONSTRUCTION .........
0
0
0
0
Subtotal Military Construction, Army National Guard ..........................................
151,880
430,230
AREA MAINTENANCE SUPPORT ACTIVITY ...
0
28,000
MAINTENANCE FACILITY ..................................
0
46,000
AREA MAINTENANCE SUPPORT ACTIVITY ...
0
36,000
AVIATION SUPPORT FACILITY .........................
0
50,000
AREA MAINTENANCE SUPPORT ACTIVITY/
VMS/LAND.
30,000
30,000
ARMY RESERVE CENTER BUILDING (DESIGN).
ROTARY-WING LANDING PAD & TAXIWAY ....
0
5,000
0
0
DESIGN ...................................................................
6,013
6,013
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION.
UNSPECIFIED MINOR CONSTRUCTION .........
0
0
6,226
6,226
Subtotal Military Construction, Army Reserve .........................................................
42,239
207,239
Account
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
New Hampshire
Plymouth Training
Center
New Mexico
Santa Fe Training
Center
New York
Albany
North Carolina
Salisbury Training
Center
North Dakota
Jamestown Armory
Oregon
Naval Weapons Systems Training Facility Boardman
South Dakota
Watertown Training
Center
Tennessee
Smyrna Training Site
Vermont
Swanton Armory
Virginia
Army Aviation Support
Facility Sandston
Washington
Fairchild Air Force
Base
Wisconsin
Black River Falls
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
ARMY RESERVE
Alabama
Army Reserve
Maxwell Air Force
Base
Alaska
Army Reserve
Joint Base ElmendorfRichardson
Illinois
Army Reserve
Fort Sheridan
Kentucky
Army Reserve
Fort Knox
Pennsylvania
Army Reserve
New Castle Army Reserve Center
Texas
Army Reserve
Camp Bullis
Army Reserve
Army Reserve
Army Reserve
Army Reserve
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
Conroe Army Reserve
Center
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
(1035098|1)
VEHICLE
FY 2026
Request
Conference
Authorized
G:\CMTE\AS\26\C\RCP.XML
1980
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
NAVY RESERVE & MARINE CORPS RESERVE
Maine
Portsmouth Naval
PARKING CONSOLIDATION (DESIGN) ............
Navy Reserve &
Shipyard
Marine Corps
Reserve
Texas
Naval Air Station Joint AIRCRAFT HANGAR MODERNIZATION ..........
Navy Reserve &
Reserve Base Fort
Marine Corps
Worth
Reserve
Worldwide Unspecified
Unspecified Worldwide DESIGN ...................................................................
Navy Reserve &
Locations
Marine Corps
Reserve
Unspecified Worldwide FACILITIES, SUSTAINMENT, RESTORATION
Navy Reserve &
Locations
& MODERNIZATION (MARINE CORPS REMarine Corps
SERVE).
Reserve
Unspecified Worldwide FACILITIES, SUSTAINMENT, RESTORATION
Navy Reserve &
Locations
& MODERNIZATION (NAVY RESERVE).
Marine Corps
Reserve
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
Conference
Authorized
0
0
0
50,000
2,255
2,255
0
0
0
0
2,255
52,255
BCE PAVEMENTS & GROUNDS FACILITY ......
0
15,000
BASE SUPPLY COMPLEX ...................................
46,000
46,000
TROOP CAMP (DESIGN) ......................................
0
3,800
C–130J CORROSION CONTROL FACILITY ......
0
11,400
DINING HALL & SERVICES TRAIN FACILITY
27,000
27,000
AIRCRAFT MAINTENANCE HANGAR (DESIGN).
0
6,000
F16 MISSION TRAINING FACILITY (DESIGN)
0
18,000
ADAL AIRCRAFT PARKING APRON .................
0
50,000
EXTEND RUNWAY 13–31 ....................................
0
65,000
REPAIR RUNWAY 13–31 ......................................
0
90,000
WARM-UP / HOLDING PAD ................................
0
15,000
MENG 101ST ARW AMXS/AGE FACILITY (DESIGN).
0
0
ENGINE SOUND SUPPRESSOR EQUIPMENT
(DESIGN).
0
1,000
DINING FACILITY / EMEDS ...............................
31,000
31,000
BRAVO RUNWAY IMPROVEMENT (DESIGN)
0
2,400
RUNWAY IMPROVEMENT PROJECT (DESIGN).
TAXIWAY ALPHA RUNWAY IMPROVEMENT
(DESIGN).
0
9,000
0
2,800
BASE SUPPLY WAREHOUSE .............................
19,000
19,000
CORROSION CONTROL HANGAR (DESIGN) ...
0
6,700
ENGINE MAINTENANCE AND SUPPORT
EQUIPMENT FACILITY (DESIGN).
FUEL CELL HANGAR (DESIGN) .......................
0
3,200
0
5,400
Subtotal Military Construction, Navy Reserve & Marine Corps Reserve .......
AIR NATIONAL GUARD
Alaska
Air National
Eielson Air Force Base
Guard
Air National
Joint Base ElmendorfGuard
Richardson
Georgia
Air National
Savannah Combat
Guard
Readiness Training
Center
Air National
Savannah Hilton Head
Guard
International Airport
Air National
Savannah Hilton Head
Guard
International Airport
Illinois
Air National
Scott Air Force Base
Guard
Indiana
Air National
Fort Wayne InterGuard
national Airport
Iowa
Air National
Sioux Gateway Airport
Guard
Air National
Sioux Gateway Airport
Guard
Air National
Sioux Gateway Airport
Guard
Air National
Sioux Gateway Airport
Guard
Maine
Air National
Bangor Air National
Guard
Guard Base
Maryland
Air National
Warfield Air National
Guard
Guard Base
Massachusetts
Air National
Otis Air National
Guard
Guard Base
Michigan
Air National
Selfridge Air National
Guard
Guard Base
Air National
Selfridge Air National
Guard
Guard Base
Air National
Selfridge Air National
Guard
Guard Base
Mississippi
Air National
Key Field Air National
Guard
Guard Base
Air National
Key Field Air National
Guard
Guard Base
Nevada
Air National
Reno-Tahoe InterGuard
national Airport
Air National
Reno-Tahoe InterGuard
national Airport
New Hampshire
FY 2026
Request
G:\CMTE\AS\26\C\RCP.XML
1981
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Air National
Guard
Air National
Guard
State/Country and
Installation
Project Title
Pease Air National
Guard Base
Pease Air National
Guard Base
New Jersey
Atlantic City Air National Guard Base
Oregon
Kingsley Field Air National Guard Base
Klamath Falls Airport
JOINT USE CHILD DEVELOPMENT CENTER
(DESIGN).
SMALL ARMS RANGE ..........................................
FY 2026
Request
Conference
Authorized
0
0
0
16,000
ADAL MAINTENANCE HANGAR AIR NATIONAL GUARD/SHOPS.
0
68,000
ACADEMIC TRAINING CENTER (DESIGN) .....
0
0
F–35 FTU ACADEMIC TRAINING CENTER .....
0
80,000
ADAL COMMUNICATIONS ANNEX ...................
16,500
16,500
FUEL CELL CORROSION CONTROL HANGAR
0
73,000
MAINTENANCE HANGAR & SHOPS ..................
0
72,000
SQUADRON OPERATIONS FACILITY (DESIGN).
0
0
ADAL ACS COMPLEX ...........................................
0
8,400
DESIGN ...................................................................
24,146
24,146
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION.
UNSPECIFIED MINOR CONSTRUCTION .........
0
0
25,000
25,000
Subtotal Military Construction, Air National Guard ..............................................
188,646
810,746
512TH OPERATIONS GROUP FACILITY ..........
42,000
0
ENTRY CONTROL FACILITY (DESIGN) ..........
0
3,200
COMBINED OPERATIONS FACILITY ...............
0
54,000
AEROMEDICAL EVACUATION FACILITY ........
0
33,000
C5M AGE MAINTENANCE FACILITY ...............
18,000
18,000
TARGETING ISR CRITICAL COMMUNICATIONS DATA FACILITY (DESIGN).
0
15,000
DESIGN ...................................................................
270
270
FACILITIES, SUSTAINMENT, RESTORATION
& MODERNIZATION.
UNSPECIFIED MINOR CONSTRUCTION .........
0
0
188
188
Subtotal Military Construction, Air Force Reserve .................................................
60,458
123,658
481,832
531,832
Subtotal NATO Security Investment Program ..........................................................
INDOPACIFIC COMBATANT COMMAND
Worldwide Unspecified
MILCON,
Unspecified Worldwide INDOPACOM MILITARY CONSTRUCTION
INDOPACOM
Locations
PILOT PROGRAM.
481,832
531,832
0
150,000
Subtotal INDOPACOM MILITARY CONSTRUCTION PILOT PROGRAM .......
0
150,000
TOTAL MILITARY CONSTRUCTION ............................................................................
16,627,720
17,521,977
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Portland International
Airport
Utah
Salt Lake City International Airport
Salt Lake City International Airport
West Virginia
Mclaughlin Air National Guard Base
Wisconsin
Volk Air National
Guard Base
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
AIR FORCE RESERVE
Delaware
Air Force Reserve
Dover Air Force Base
Georgia
Air Force Reserve
Dobbins Air Reserve
Base
New York
Air Force Reserve
Niagara Falls Air Reserve Station
South Carolina
Air Force Reserve
Joint Base Charleston
Texas
Air Force Reserve
Joint Base San Antonio-Lackland
Virginia
Air Force Reserve
Joint Base LangleyEustis
Worldwide Unspecified
Air Force Reserve
Unspecified Worldwide
Locations
Air Force Reserve
Unspecified Worldwide
Locations
Air Force Reserve
Unspecified Worldwide
Locations
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO
NATO Security Invest- NATO SECURITY INVESTMENT PROGRAM ...
ment Program
FAMILY HOUSING
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1982
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
FAMILY HOUSING CONSTRUCTION, ARMY
Belgium
Fam Hsg Con,
Chièvres Air Base
FAMILY HOUSING NEW CONSTRUCTION
Army
(100 UNITS).
Germany
Fam Hsg Con,
U.S. Army Garrison
FAMILY HOUSING REPLACEMENT CONArmy
Bavaria
STRUCTION (27 UNITS).
Worldwide Unspecified
Fam Hsg Con,
Unspecified Worldwide DESIGN ...................................................................
Army
Locations
FY 2026
Request
Conference
Authorized
145,042
45,042
50,692
50,692
32,824
32,824
228,558
128,558
FURNISHINGS .......................................................
16,254
16,254
HOUSING PRIVATIZATION SUPPORT .............
41,089
41,089
LEASED HOUSING ...............................................
116,275
116,275
MAINTENANCE .....................................................
110,941
110,941
MANAGEMENT ......................................................
41,450
41,450
MISCELLANEOUS .................................................
319
319
SERVICES ...............................................................
8,096
8,096
UTILITIES ..............................................................
43,994
43,994
Subtotal Family Housing Operation & Maintenance, Army .................................
378,418
378,418
19,384
19,384
18,000
18,000
Subtotal Family Housing Construction, Army ...........................................................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
Fam Hsg O&M,
Unspecified Worldwide
Army
Locations
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
Guam
Joint Region Marianas COST TO COMPLETE—REPLACE ANDERFam Hsg Con,
SEN HOUSING, PHASE 4 (68 UNITS).
Navy & Marine
Corps
Joint Region Marianas COST TO COMPLETE—REPLACE ANDERFam Hsg Con,
SEN HOUSING, PHASE 7 (46 UNITS).
Navy & Marine
Corps
Joint Region Marianas REPLACE ANDERSEN HOUSING, PHASE 9
Fam Hsg Con,
(136 UNITS) (INC).
Navy & Marine
Corps
Japan
Marine Corps Air StaREPAIR WHOLE HOUSE BUILDING 1255 (6
Fam Hsg Con,
tion Iwakuni
UNITS).
Navy & Marine
Corps
Worldwide Unspecified
Unspecified Worldwide DESIGN ...................................................................
Fam Hsg Con,
Locations
Navy & Marine
Corps
Unspecified Worldwide DESIGN (DPRI/GUAM) .........................................
Fam Hsg Con,
Locations
Navy & Marine
Corps
Unspecified Worldwide NAVY SOUTHEAST MHPI (2ND RESTRUCFam Hsg Con,
Locations
TURE) (100 UNITS).
Navy & Marine
Corps
65,378
65,378
11,230
11,230
3,806
3,806
2,799
2,799
57,000
57,000
Subtotal Family Housing Construction, Navy & Marine Corps ..........................
177,597
177,597
16,820
16,820
57,061
57,061
68,426
68,426
112,019
112,019
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
Unspecified Worldwide FURNISHINGS .......................................................
Fam Hsg O&M,
Locations
Navy & Marine
Corps
Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT .............
Fam Hsg O&M,
Locations
Navy & Marine
Corps
Unspecified Worldwide LEASING .................................................................
Fam Hsg O&M,
Locations
Navy & Marine
Corps
Unspecified Worldwide MAINTENANCE .....................................................
Fam Hsg O&M,
Locations
Navy & Marine
Corps
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1983
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
Fam Hsg O&M,
Navy & Marine
Corps
Fam Hsg O&M,
Navy & Marine
Corps
Fam Hsg O&M,
Navy & Marine
Corps
Fam Hsg O&M,
Navy & Marine
Corps
Unspecified Worldwide
Locations
MANAGEMENT ......................................................
56,956
56,956
Unspecified Worldwide
Locations
MISCELLANEOUS .................................................
435
435
Unspecified Worldwide
Locations
SERVICES ...............................................................
17,424
17,424
Unspecified Worldwide
Locations
UTILITIES ..............................................................
44,967
44,967
Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps
374,108
374,108
12,000
12,000
147,555
147,555
34,100
34,100
44,000
44,000
36,575
36,575
274,230
274,230
FURNISHINGS .......................................................
31,275
31,275
HOUSING PRIVATIZATION SUPPORT .............
38,987
38,987
LEASING .................................................................
5,436
5,436
MAINTENANCE .....................................................
142,572
142,572
MANAGEMENT ......................................................
54,581
54,581
MISCELLANEOUS .................................................
1,475
1,475
SERVICES ...............................................................
12,701
12,701
UTILITIES ..............................................................
72,738
72,738
Subtotal Family Housing Operation & Maintenance, Air Force .........................
359,765
359,765
553
553
93
93
33,911
33,911
14,320
14,320
37
37
4,445
4,445
15
15
Subtotal Family Housing Operation & Maintenance, Defense-Wide .................
53,374
53,374
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Unspecified Worldwide ADMINISTRATIVE EXPENSES—FHIF .............
Family Housing
Locations
Improvement
Fund
8,315
8,315
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Colorado
Fam Hsg Con, Air
Buckley Air Force
MHPI RESTRUCTURE (351 UNITS) ..................
Force
Base
Hawaii
Fam Hsg Con, Air
Joint Base Pearl HarMHPI RESTRUCTURE (460 UNITS) ..................
Force
bor-Hickam
Japan
Fam Hsg Con, Air
Kadena Air Base
FAMILY
HOUSING
IMPROVEMENTS,
Force
KADENA TOWER 4511 (68 UNITS).
Fam Hsg Con, Air
Yokota Air Base
FAMILY HOUSING IMPROVEMENTS, PAIP 9,
Force
PHASE 3 (34 UNITS).
Worldwide Unspecified
Fam Hsg Con, Air
Unspecified Worldwide DESIGN ...................................................................
Force
Locations
Subtotal Family Housing Construction, Air Force ...................................................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
Fam Hsg O&M,
Unspecified Worldwide
Air Force
Locations
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
Fam Hsg O&M,
Unspecified Worldwide FURNISHINGS (DIA) ............................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide FURNISHINGS (NSA) ...........................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide LEASING (DIA) ......................................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide LEASING (NSA) .....................................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide MAINTENANCE (NSA) .........................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide UTILITIES (DIA) ...................................................
Defense-Wide
Locations
Fam Hsg O&M,
Unspecified Worldwide UTILITIES (NSA) ..................................................
Defense-Wide
Locations
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
FY 2026
Request
Conference
Authorized
G:\CMTE\AS\26\C\RCP.XML
1984
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
State/Country and
Installation
Project Title
FY 2026
Request
Conference
Authorized
Subtotal Family Housing Improvement Fund ...........................................................
8,315
8,315
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Unspecified Worldwide ADMINISTRATIVE EXPENSES—UHIF ............
Unaccompanied
Locations
Housing Improvement Fund
497
497
Subtotal Unaccompanied Housing Improvement Fund .........................................
497
497
TOTAL FAMILY HOUSING ................................................................................................
DEFENSE BASE REALIGNMENT AND CLOSURE
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army
Unspecified Worldwide BASE REALIGNMENT & CLOSURE ...................
Locations
1,854,862
1,754,862
171,870
171,870
Subtotal Base Realignment and Closure—Army .......................................................
171,870
171,870
112,791
162,791
112,791
162,791
124,196
124,196
124,196
124,196
1,304
1,304
Subtotal Base Realignment and Closure—Defense-Wide .......................................
1,304
1,304
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ..................................
410,161
460,161
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ..........
18,892,743
19,737,000
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy
Unspecified Worldwide BASE REALIGNMENT & CLOSURE ...................
Locations
Subtotal Base Realignment and Closure—Navy ........................................................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force
Unspecified Worldwide BASE REALIGNMENT & CLOSURE ...................
Locations
Subtotal Base Realignment and Closure—Air Force ...............................................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, DefenseUnspecified Worldwide BASE REALIGNMENT & CLOSURE ...................
Wide
Locations
TITLE XLVII—DEPARTMENT OF
2
ENERGY NATIONAL SECURITY
3
PROGRAMS
1
4
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY
5
PROGRAMS.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program
FY 2026
Request
Conference
Authorized
Discretionary Summary By Appropriation
Energy And Water Development, And Related Agencies
Appropriation Summary:
Nuclear Energy ...........................................................................................
Defense Uranium Enrichment D&D ...........................................................
160,000
278,000
160,000
0
Atomic Energy Defense Activities
National nuclear security administration:
Weapons activities .......................................................................
Defense nuclear nonproliferation .................................................
20,074,400
2,284,600
21,028,745
2,284,600
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
1985
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2026
Request
Conference
Authorized
Naval reactors ..............................................................................
Federal salaries and expenses .....................................................
Total, National Nuclear Security Administration ...........
2,346,000
555,000
25,260,000
2,101,000
555,000
25,969,345
Environmental and other defense activities:
Defense environmental cleanup ...................................................
Other defense activities ...............................................................
Total, Environmental & other defense activities ............
Total, Atomic Energy Defense Activities ....................................
Total, Discretionary Funding .........................................................................
6,956,000
1,182,000
8,138,000
33,398,000
33,836,000
6,956,000
1,182,000
8,138,000
34,107,345
34,267,345
Nuclear Energy
Idaho sitewide safeguards and security ..............................................................
Total, Nuclear Energy .......................................................................................
160,000
160,000
160,000
160,000
278,000
0
[–278,000]
0
Program
Defense Uranium Enrichment D&D
Defense Uranium Enrichment D&D Program ...................................................
Program decrease ........................................................................................
Total, Defense Uranium Enrichment D&D ...............................................
278,000
Weapons Activities
Stockpile Management
Stockpile Major Modernization
B61–12 Life Extension Program ........................................................
W80–4 Life Extension Program .........................................................
SLCM-N Warhead ..............................................................................
Reconciliation adjustment ...........................................................
W87–1 Modification Program .............................................................
W93 Program ......................................................................................
B61–13 ................................................................................................
Total, Stockpile Major Modernization .........................................
649,096
806,797
49,357
2,780,298
16,000
1,259,048
50,000
[50,000]
649,096
806,797
49,357
2,830,298
Stockpile services
Stockpile Sustainment .........................................................................
Weapons Dismantlement and Disposition ...........................................
Production Operations ........................................................................
Nuclear Enterprise Assurance ............................................................
Subtotal, Stockpile Services ....................................................
Total, Stockpile Management .................................................................
1,720,200
82,367
1,020,243
117,193
2,940,003
5,720,301
1,720,200
82,367
1,020,243
117,193
2,940,003
5,770,301
982,263
509,316
7,942
5,865
982,263
509,316
7,942
5,865
0
1,505,386
0
1,505,386
75,486
75,486
1,130,000
1,130,000
1,205,486
122,094
2,832,966
1,205,486
122,094
2,832,966
132,023
0
0
132,023
2,964,989
132,023
0
0
132,023
2,964,989
770,186
0
770,186
65,000
[65,000]
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Pit Production .......................................
21–D–512 Plutonium Pit Production Project, LANL ........
15–D–302 TA–55 Reinvestments Project, Phase 3, LANL
07–D–220-04 Transuranic Liquid Waste Facility, LANL
04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL ........................................................
Subtotal, Los Alamos Plutonium Modernization .....
Savannah River Plutonium Modernization
Savannah River Pit Production .............................
21–D–511 Savannah River Plutonium Processing Facility,
SRS ..................................................................................
Subtotal, Savannah River Plutonium Modernization .........................................................................................
Enterprise Plutonium Support ....................................................
Total, Plutonium Modernization ...........................................
High Explosives and Energetics
High Explosives & Energetics ..............................................
21–D–510 HE Synthesis Formulation and Production, PX
PFAS Binder Mitigation and Future Alternatives ..............
Total, High Explosives and Energetics ...............................
Total, Primary Capability Modernization .................................
Secondary Capability Modernization
Secondary Capability Modernization ...................................................
18–D–690 Lithium Processing Facility, Y–12 ...................................
Reconciliation adjustment ...........................................................
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16,000
1,259,048
0
G:\CMTE\AS\26\C\RCP.XML
1986
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program
FY 2026
Request
Conference
Authorized
06–D–141 Uranium Processing Facility, Y–12 ..................................
Reconciliation adjustment ...........................................................
Total, Secondary Capability Modernization .............................
770,186
500,000
[500,000]
1,335,186
Tritium and Defense Fuels Program
Tritium and Defense Fuels Program ..................................................
18–D–650 Tritium Finishing Facility, SRS .......................................
Total, Tritium and Defense Fuels Program ..............................
568,384
0
568,384
568,384
0
568,384
221,588
40,000
221,588
40,000
15,000
34,336
177,996
0
4,792,479
15,000
34,336
177,996
115,000
[115,000]
5,472,479
980,959
20,000
980,959
20,000
0
Non-Nuclear Capability Modernization .......................................................
26–D–511 MESA Photolithography Capability (MPC), SNL ...................
26–D–510 Product Realization Infrastructure for Stockpile Modernization (PRISM), LLNL .............................................................................
Warhead Assembly Modernization ..............................................................
Capability Based Investments .....................................................................
22–D–513 Power Sources Capability, SNL ...............................................
Reconciliation adjustment ...................................................................
Total, Production Modernization ..........................................................
0
Stockpile Research, Technology, and Engineering
Assessment Science .....................................................................................
26–D–512 LANSCE Modernization Project (LAMP), LANL ..................
24–D–513 Z-pinch Experimental Underground System (ZEUS) Test
Bed Facilities Improvement (ZTBFI), NNSS ........................................
Reconciliation adjustment ...................................................................
17–D–640 U1a Complex Enhancements Project, NNSS ...........................
Reconciliation adjustment ...................................................................
Engineering and Integrated Assessments ...................................................
26–D–513 Combined Radiation Environments for Survivability Testing,
SNL .........................................................................................................
Inertial Confinement Fusion .......................................................................
26–D–514 NIF Enhanced Fusion Yield Capability, LLNL ......................
Advanced Simulation and Computing .........................................................
Weapon Technology and Manufacturing Maturation .................................
Total, Stockpile Research, Technology, and Engineering ...........
399,777
57,345
[57,345]
64,000
[64,000]
399,777
52,248
699,206
26,000
865,995
276,279
3,320,464
52,248
699,206
26,000
865,995
276,279
3,441,809
Academic Programs ............................................................................................
Total, Academic Programs .......................................................................
94,000
94,000
94,000
94,000
1,722,000
194,360
920,000
741,179
1,722,000
194,360
920,000
741,179
0
0
Infrastructure and Operations
Operations of facilities ................................................................................
Safety and environmental operations ..........................................................
Maintenance and repair of facilities ...........................................................
Recapitalization ...........................................................................................
Construction:
25–D–511 PULSE New Access, NNSS .............................................
Reconciliation adjustment ...........................................................
23–D–517 Electrical Power Capacity Upgrade, LANL .....................
Reconciliation adjustment ...........................................................
Total, Construction .............................................................................
Total, Infrastructure and operations ..................................................
0
3,577,539
48,000
[48,000]
85,000
[85,000]
133,000
3,710,539
Secure transportation asset
Operations and equipment ..........................................................................
Program direction .......................................................................................
Total, Secure transportation asset .......................................................
299,541
149,244
448,785
299,541
149,244
448,785
Defense Nuclear Security
Operations and Maintenance ......................................................................
Total, Defense nuclear security .............................................................
1,245,418
1,245,418
1,245,418
1,245,418
811,208
781,208
[–30,000]
64,206
21,028,745
Information technology and cybersecurity ..........................................................
Program decrease ........................................................................................
Legacy contractor pensions ................................................................................
Total, Weapons Activities ................................................................................
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
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0
64,206
20,074,400
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1987
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program
FY 2026
Request
Conference
Authorized
Global material security
International nuclear security .............................................................
Radiological security ............................................................................
Nuclear smuggling detection and deterrence ......................................
Total, Global material security ......................................................
62,865
186,406
140,601
389,872
62,865
186,406
140,601
389,872
Material management and minimization
Reactor Conversion and Uranium Supply ...........................................
Nuclear Material Removal and Elimination ........................................
Plutonium Disposition .........................................................................
Total, Material management & minimization ..........................
63,383
61,000
150,686
275,069
63,383
61,000
150,686
275,069
Nonproliferation and arms control .............................................................
221,008
221,008
Defense nuclear nonproliferation R&D
Proliferation Detection ........................................................................
Nuclear Detonation Detection .............................................................
Forensics R&D ....................................................................................
Nonproliferation Stewardship Program ..............................................
Total, Defense nuclear nonproliferation R&D .........................
269,376
307,435
20,460
149,383
746,654
269,376
307,435
20,460
149,383
746,654
Nonproliferation Construction:
18–D–150 Surplus Plutonium Disposition Project, SRS ...................
Total, Nonproliferation construction ..........................................
Total, Defense Nuclear Nonproliferation Programs ......................
50,000
50,000
1,682,603
50,000
50,000
1,682,603
Nuclear counterterrorism and incident response program
Emergency Management .....................................................................
Counterterrorism and Counterproliferation ........................................
Total, Nuclear Counterterrorism and Incident Response
Program ...............................................................................................
33,122
596,878
33,122
596,878
630,000
630,000
Legacy contractor pensions ................................................................................
Use of Prior Year Balances ................................................................................
Total, Defense Nuclear Nonproliferation ..................................................
20,993
–48,996
2,284,600
20,993
–48,996
2,284,600
884,579
35,300
703,581
61,540
884,579
35,300
703,581
61,540
75,000
60,000
526,000
Naval Reactors
Naval reactors development ................................................................................
Columbia-Class reactor systems development .....................................................
Naval reactors operations and infrastructure .....................................................
Program direction ...............................................................................................
Construction:
26–D–530 East Side Office Building .........................................................
25–D–530 Naval Examination Acquisition Project ....................................
14–D–901 Spent Fuel Handling Recapitalization Project, NRF ..............
Program decrease ................................................................................
Total, Construction .....................................................................................
Total, Naval Reactors ........................................................................................
661,000
2,346,000
75,000
60,000
281,000
[–245,000]
416,000
2,101,000
Federal Salaries And Expenses
Program Direction ..............................................................................................
Total, Federal Salaries And Expenses ........................................................
555,000
555,000
555,000
555,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration ........................................................................
500
500
68,562
754,259
10,700
68,562
754,259
10,700
4,000
4,000
837,521
4,000
4,000
837,521
Richland:
River corridor and other cleanup operations ..............................................
Central plateau remediation ........................................................................
Richland community and regulatory support .............................................
Construction:
22–D–402 L–897, 200 Area Water Treatment Facility ....................
Total, Construction—Richland .......................................................
Total, Richland .............................................................................................
Office of River Protection:
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1988
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program
Waste Treatment Immobilization Plant Commissioning ............................
Rad liquid tank waste stabilization and disposition ...................................
Construction:
01–D–16D High-Level Waste Facility ...............................................
01–D–16E Pretreatment Facility .......................................................
15–D–409 Low Activity Waste Pretreatment System ........................
23–D–403, Hanford 200 West Area Tank Farms Risk Management
Project .............................................................................................
Total, Construction—Office of River Protection .....................
Total, Office of River Protection ...........................................................
Idaho National Laboratory:
Idaho cleanup and waste disposition ..........................................................
Idaho community and regulatory support ..................................................
Construction:
22–D–403 Idaho Spent Nuclear Fuel Staging Facility ..............
23–D–402—Calcine Construction ...............................................
Total, Construction—Idaho ......................................................
Total, Idaho National Laboratory .........................................................
FY 2026
Request
Conference
Authorized
390,415
923,212
390,415
923,212
600,000
0
78,600
600,000
0
78,600
108,200
786,800
108,200
786,800
2,100,427
2,100,427
452,242
3,779
452,242
3,779
2,000
2,000
4,000
460,021
2,000
2,000
4,000
460,021
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory .................................................
Nuclear facility D & D
Separations Process Research Unit ....................................................
Nevada Site .........................................................................................
Sandia National Laboratories .............................................................
Los Alamos National Laboratory ........................................................
Los Alamos Excess Facilities D&D ....................................................
Total, NNSA sites and Nevada off-sites ..............................................
1,955
1,955
950
64,835
1,030
278,288
1,693
348,751
950
64,835
1,030
278,288
1,693
348,751
Oak Ridge Reservation:
OR Nuclear facility D & D .........................................................................
Total, OR Nuclear facility D & D ...................................................
346,562
346,562
346,562
346,562
U233 Disposition Program .........................................................................
OR cleanup and disposition ........................................................................
Construction:
14–D–403 Outfall 200 Mercury Treatment Facility ..................
17–D–401 On-site waste disposal facility ...................................
Total, Construction—Oak Ridge ............................................
Total, OR cleanup and waste disposition ..................................
63,000
75,000
63,000
75,000
34,885
15,050
49,935
187,935
34,885
15,050
49,935
187,935
OR community & regulatory support ..........................................................
OR technology development and deployment ..............................................
Total, Oak Ridge Reservation ................................................................
5,900
3,300
543,697
5,900
3,300
543,697
396,394
396,394
708
397,102
708
397,102
5,317
90,719
1,066,000
5,317
90,719
1,066,000
52,500
52,500
1,611,638
52,500
52,500
1,611,638
Savannah River Sites:
Savannah River risk management operations .............................................
Construction:
19–D–701 SR Security Systems Replacement ............................
Total, Savannah River Risk Management Operations ..........
SR Community and Regulatory Support ....................................................
Savannah River National Laboratory Operations & Maintenance .............
Radioactive Liquid Tank Waste Stabilization and Disposition ..................
Construction:
20-D–401 Saltstone Disposal Unit #10, 11, 12 .........................
Total, Construction—Savannah River sites ......................
Total, Savannah River sites ....................................................................
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant .........................................................................
Construction:
21–D–401 Hoisting Capability Project ...............................................
Total, Construction—Waste Isolation Pilot Plant ...................
Total, Waste Isolation Pilot Plant .........................................................
413,424
413,424
2,000
2,000
415,424
2,000
2,000
415,424
Program Direction ..............................................................................................
Program Support ................................................................................................
312,818
20,320
312,818
20,320
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1989
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program
FY 2026
Request
Conference
Authorized
Safeguards and Security .....................................................................................
Technology Development and Deployment .........................................................
Total, Defense Environmental Cleanup .....................................................
288,871
16,012
6,956,000
288,871
16,012
6,956,000
Other Defense Activities
Environment, health, safety and security
Program direction .......................................................................................
Environment, Health, Safety & Security ....................................................
Total, Environment, Health, safety and security ............................
90,555
141,908
232,463
90,555
141,908
232,463
Office of Enterprise Assessments
Program direction .......................................................................................
Enterprise Assessments ..............................................................................
Total, Office of Enterprise Assessments .............................................
59,132
30,022
89,154
59,132
30,022
89,154
Specialized security activities ..............................................................................
441,000
441,000
Office of Legacy Management
Legacy management ....................................................................................
Program direction .......................................................................................
Total, Office of Legacy Management ...................................................
177,716
22,542
200,258
177,716
22,542
200,258
Defense-related administrative support ..............................................................
214,626
214,626
Office of hearings and appeals ...........................................................................
Subtotal, Other Defense Activities ...............................................................
Total, Other Defense Activities .....................................................................
4,499
1,182,000
1,182,000
4,499
1,182,000
1,182,000
DIVISION E—DEPARTMENT OF
2
STATE AUTHORIZATION ACT
3
FOR FISCAL YEAR 2026
1
4
5
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the
6 ‘‘Department of State Authorization Act for Fiscal Year
7 2026’’.
8
(b) TABLE OF CONTENTS.—The table of contents for
9 this division is as follows:
Sec. 5001. Short title; table of contents.
Sec. 5002. Definitions.
TITLE I—ORGANIZATION AND OPERATIONS
Subtitle A—Management and Consular Affairs
Sec. 5111. Under Secretary for Management.
Sec. 5112. Office of Medical Services.
Sec. 5113. Assistant Secretary for Administration.
Sec. 5114. Bureau of Administration.
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1990
Sec. 5115. Office of the Historian.
Sec. 5116. Chief information officer for diplomatic technology.
Sec. 5117. Bureau of Diplomatic Technology.
Sec. 5118. Assistant Secretary for Consular Affairs.
Sec. 5119. Bureau of Consular Affairs.
Sec. 5120. Sense of Congress regarding modernization and realignment of consular systems.
Sec. 5121. Fee for use of diplomatic reception rooms.
Subtitle B—Human Resources
Sec. 5131. Assistant Secretary for Human Resources.
Sec. 5132. Bureau of Human Resources.
Sec. 5133. Veterans Innovation Partnership Fellowship Program.
Sec. 5134. Thomas R. Pickering Foreign Affairs Fellowship Program.
Sec. 5135. Charles B. Rangel International Affairs Fellowship Program.
Sec. 5136. Donald M. Payne International Development Fellowship Program.
Sec. 5137. Matters relating to the Foreign Service Institute.
Sec. 5138. Fees for use of the George P. Schultz National Foreign Affairs
Training Center.
Subtitle C—Political Affairs
Sec. 5141. Under Secretary for Political Affairs.
Sec. 5142. Congressional notification regarding changes to bureau jurisdiction.
Sec. 5143. Ambassador-at-Large for the Arctic.
Sec. 5144. Ambassador-at-Large for the Indian Ocean region.
Sec. 5145. Assistant Secretary for East Asian and Pacific Affairs.
Sec. 5146. Bureau of East Asian and Pacific Affairs.
Sec. 5147. Director of the Office of Multilateral Affairs in Bureau of East
Asian and Pacific Affairs.
Sec. 5148. Countering PRC Influence Fund Unit.
Sec. 5149. Assistant Secretary for African Affairs.
Sec. 5150. Bureau of African Affairs.
Sec. 5151. Assistant Secretary for Near Eastern Affairs.
Sec. 5152. Bureau of Near Eastern Affairs.
Sec. 5153. Assistant Secretary for South and Central Asian Affairs.
Sec. 5154. Bureau of South and Central Asian Affairs.
Sec. 5155. Assistant Secretary for Western Hemisphere Affairs.
Sec. 5156. Bureau of Western Hemisphere Affairs.
Sec. 5157. Office of Haitian Affairs.
Sec. 5158. Assistant Secretary for European and Eurasian Affairs.
Sec. 5159. Bureau of European and Eurasian Affairs.
Sec. 5160. Countering Russian Influence Fund Unit.
Sec. 5161. Assistant Secretary for International Organization Affairs.
Sec. 5162. Bureau of International Organization Affairs.
Subtitle D—Other Matters
Sec. 5171. Periodic briefings from Bureau of Intelligence and Research.
Sec. 5172. Support for congressional delegations.
Sec. 5173. Notification requirements for authorized and ordered departures.
Sec. 5174. Strengthening enterprise governance.
Sec. 5175. Establishing and expanding the Regional China Officer program.
Sec. 5176. Report on China’s diplomatic posts.
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1991
Sec. 5177. Notification of intent to reduce personnel at covered diplomatic
posts.
Sec. 5178. Foreign affairs manual changes.
TITLE II—WORKFORCE MATTERS
Sec. 5201. Report on vetting of Foreign Service Institute language instructors.
Sec. 5202. Training limitations.
Sec. 5203. Language incentive pay for civil service employees.
Sec. 5204. Options for comprehensive evaluations.
Sec. 5205. Job share and part-time employment opportunities.
Sec. 5206. Promoting reutilization of language skills in the Foreign Service.
TITLE III—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 5301. Post Data Pilot Program.
Sec. 5302. Authorization to use commercial cloud enclaves overseas.
Sec. 5303. Reports on technology transformation projects at the Department.
Sec. 5304. Commercial spyware.
TITLE IV—PUBLIC DIPLOMACY
Sec. 5401. Under Secretary for Public Diplomacy.
Sec. 5402. Assistant Secretary for Educational and Cultural Affairs.
Sec. 5403. Bureau of Educational and Cultural Affairs.
Sec. 5404. Foreign information manipulation and interference strategy.
Sec. 5405. Repeal of limitation on use of funds for international expositions.
TITLE V—DIPLOMATIC SECURITY
Sec. 5501. Assistant Secretary for Diplomatic Security.
Sec. 5502. Special agents.
Sec. 5503. Modification of congressional notification requirement relating to
embassy reopening.
Sec. 5504. Counter-intelligence training for certain diplomatic security agents.
Sec. 5505. Expansion of counter-intelligence personnel security program to include nonsecurity staff.
Sec. 5506. Report on security conditions in Damascus, Syria, required for the
reopening of the United States diplomatic mission.
Sec. 5507. Embassies, consulates, and other diplomatic installations return to
standards report.
Sec. 5508. Reauthorization of overtime pay for protective services.
TITLE VI—MISCELLANEOUS
Sec. 5601. Submission of federally funded research and development center reports to Congress.
Sec. 5602. Quarterly report on diplomatic pouch access.
Sec. 5603. Report on utility of instituting a processing fee for ITAR license applications.
Sec. 5604. HAVANA Act payment fix.
Sec. 5605. Establishing an inner Mongolia section within the United States
Mission in China.
Sec. 5606. Report on United States Mission Australia staffing.
Sec. 5607. Extensions.
Sec. 5608. Updating counterterrorism reports.
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1992
1
2
SEC. 5002. DEFINITIONS.
Except as otherwise provided, in this division—
3
4
(1) the term ‘‘appropriate congressional committees’’ means—
5
(A) the Committee on Foreign Affairs of
6
the House of Representatives; and
7
(B) the Committee on Foreign Relations of
8
the Senate;
9
(2) the term ‘‘Department’’ means the Depart-
10
ment of State;
11
12
(3) the term ‘‘Deputy Secretary’’ means the
Deputy Secretary of State; and
13
14
15
16
17
18
19
20
(4) the term ‘‘Secretary’’ means the Secretary
of State.
TITLE I—ORGANIZATION AND
OPERATIONS
Subtitle A—Management and
Consular Affairs
SEC. 5111. UNDER SECRETARY FOR MANAGEMENT.
(a) IN GENERAL.—Section 1(b) of the State Depart-
21 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(b))
22 is amended—
23
24
(1) by redesignating paragraph (4) as paragraph (6); and
25
26
(2) by inserting after paragraph (3) the following:
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1993
1
‘‘(4) UNDER SECRETARY FOR MANAGEMENT.—
2
‘‘(A) IN GENERAL.—There shall be in the
3
Department of State, among the Under Secre-
4
taries authorized by paragraph (1), an Under
5
Secretary for Management who shall assist the
6
Secretary of State and the Deputy Secretary of
7
State on matters related to the management
8
and administration of the Department, and
9
such other related duties as the Secretary may
10
from time to time designate.
11
‘‘(B) RESPONSIBILITIES.—In addition to
12
the responsibilities described in subparagraph
13
(A), the Under Secretary for Management shall
14
maintain continuous observation and coordina-
15
tion of all matters pertaining to the manage-
16
ment, development, and administration of the
17
Department of State in the conduct of foreign
18
policy, including, as appropriate—
19
20
‘‘(i) acquisitions and asset management;
21
22
‘‘(ii) human resources and personnel
management;
23
‘‘(iii) matters related to the clinical,
24
occupational, and mental health programs
25
of the Department;
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1994
1
‘‘(iv) information technology and com-
2
munications systems, including policies and
3
directives to achieve and maintain inter-
4
operable communications among the com-
5
ponents of the Department;
6
‘‘(v) domestic and overseas facilities,
7
property, equipment, vehicle fleets, and
8
other material resources;
9
‘‘(vi) security for personnel, informa-
10
tion technology and communications sys-
11
tems, facilities, property, equipment, and
12
other material resources; and
13
‘‘(vii) consular affairs and services.’’.
14
(b) PROTECTION OF HISTORIC AND ARTISTIC FUR-
15
NISHINGS OF RECEPTION AREAS OF THE DEPARTMENT
16
OF STATE BUILDING.—Section 41 of the State Depart-
17 ment Basic Authorities Act of 1956 (22 U.S.C. 2713) is
18 amended—
19
(1) in subsection (a), by inserting ‘‘, acting
20
through the Under Secretary for Management,’’
21
after ‘‘The Secretary of State’’; and
22
(2) in subsection (b)—
23
(A) in paragraph (2), by inserting ‘‘, act-
24
ing through the Under Secretary for Manage-
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1995
1
ment,’’ after ‘‘Whenever the Secretary of
2
State’’; and
3
(B) in paragraph (3), by inserting ‘‘, act-
4
ing through the Under Secretary for Manage-
5
ment,’’ after ‘‘The Secretary of State’’.
6
7
SEC. 5112. OFFICE OF MEDICAL SERVICES.
Section 1 of the State Department Basic Authorities
8 Act of 1956 (22 U.S.C. 2651a) is amended by adding at
9 the end the following:
10
‘‘(p) OFFICE OF MEDICAL SERVICES.—There shall
11 be in the Department of State a Chief Medical Officer,
12 to be appointed by the Secretary of State, who—
13
14
‘‘(1) shall lead the Office of Medical Services;
and
15
‘‘(2) as required by section 904 of the Foreign
16
Service Act of 1980 (22 U.S.C. 4084), shall be re-
17
sponsible to the Secretary, acting through the Under
18
Secretary for Management, for matters relating to
19
the clinical and mental health programs of the De-
20
partment and all related activities, in accordance
21
with the needs of the Department.’’.
22
23
SEC. 5113. ASSISTANT SECRETARY FOR ADMINISTRATION.
Section 1(c) of the State Department Basic Authori-
24 ties Act of 1956 (22 U.S.C. 2651a(c)) is amended—
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1
2
(1) by redesignating paragraph (5) as paragraph (17); and
3
4
(2) by inserting after paragraph (4) the following:
5
6
‘‘(5) ASSISTANT SECRETARY FOR ADMINISTRATION.—
7
‘‘(A) IN GENERAL.—There shall be in the
8
Department of State an Assistant Secretary for
9
Administration who shall be responsible to the
10
Secretary of State, acting through the Under
11
Secretary for Management, for matters relating
12
to enterprise logistics, knowledge management,
13
acquisition, and other operational services
14
worldwide in support of United States foreign
15
policy, and such other related duties as the Sec-
16
retary may from time to time designate.
17
‘‘(B) RESPONSIBILITIES.—In addition to
18
the responsibilities described in subparagraph
19
(A), the Assistant Secretary for Administration
20
shall maintain continuous observation and co-
21
ordination of all matters pertaining to adminis-
22
trative matters of the Department of State in
23
the conduct of foreign policy, including, as ap-
24
propriate—
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1
‘‘(i) providing global logistics and sup-
2
port for the people and programs of United
3
States Missions, including policies and pro-
4
cedures to administer government-wide al-
5
lowances;
6
‘‘(ii) managing the Department’s do-
7
mestic safety, occupational health, multi-
8
media services, general services, and global
9
publishing;
10
‘‘(iii) providing planning, training,
11
and exercises of emergency management to
12
ensure preparedness for the Department’s
13
leadership and workforce; and
14
‘‘(iv) ensuring the Department safe-
15
guards privacy and promotes transparency
16
through compliance, advice, training, col-
17
laboration, and records management, in-
18
cluding public requests to access Depart-
19
ment records.’’.
20
21
SEC. 5114. BUREAU OF ADMINISTRATION.
Section 1 of the State Department Basic Authorities
22 Act of 1956 (22 U.S.C. 2651a), as amended by section
23 5112, is further amended by adding at the end the fol24 lowing:
25
‘‘(q) OTHER BUREAUS.—
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1
‘‘(1) BUREAU OF ADMINISTRATION.—
2
‘‘(A) ESTABLISHMENT.—There shall be in
3
the Department of State a Bureau of Adminis-
4
tration, which shall perform such functions re-
5
lated to support programs for the Department
6
and United States embassies and consulates, in-
7
cluding enterprise logistics, knowledge manage-
8
ment, and other worldwide operational services,
9
as the Under Secretary for Management may
10
prescribe.
11
‘‘(B) HEAD.—The Assistant Secretary for
12
Administration shall be at the head of the Bu-
13
reau of Administration.’’.
14
15
SEC. 5115. OFFICE OF THE HISTORIAN.
There shall be in the Bureau of Administration of
16 the Department described in subsection (q)(1) of section
17 1 of the State Department Basic Authorities Act of 1956
18 (22 U.S.C. 2651a), as added by section 5114, a Historian
19 of the Department of State, who shall be the head of the
20 Office of the Historian.
21
SEC. 5116. CHIEF INFORMATION OFFICER FOR DIPLOMATIC
22
23
TECHNOLOGY.
(a) ESTABLISHMENT.—There shall be in the Depart-
24 ment a Chief Information Officer for Diplomatic Tech-
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1 nology who shall be responsible to the Secretary, acting
2 through the Under Secretary for Management, for—
3
(1) matters relating to the information tech-
4
nology, cybersecurity workforce, and digital infra-
5
structure of the Department; and
6
(2) such other related duties as the Secretary
7
may from time to time designate.
8
(b) RESPONSIBILITIES.—In addition to the respon-
9 sibilities described in subsection (a), the Chief Information
10 Officer for Diplomatic Technology shall maintain contin11 uous observation and coordination of all matters per12 taining to diplomatic technology in the conduct of foreign
13 policy, including, as appropriate—
14
15
(1) enterprise planning and governance, including—
16
(A)
managing
information
technology
17
budget formulation and execution, acquisitions,
18
and inventory management; and
19
(B) determining the Department’s infor-
20
mation technology strategic goals and priorities;
21
(2) cybersecurity and risk management;
22
(3) technology operations and innovation; and
23
(4) customer experience.
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1
2
SEC. 5117. BUREAU OF DIPLOMATIC TECHNOLOGY.
Subsection (q) of section 1 of the State Department
3 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
4 added by section 5114, is amended by adding at the end
5 the following:
6
‘‘(2) BUREAU OF DIPLOMATIC TECHNOLOGY.—
7
‘‘(A) ESTABLISHMENT.—There shall be in
8
the Department of State a Bureau of Diplo-
9
matic Technology, which shall perform such
10
functions related to the strategy, planning, per-
11
formance monitoring and assessment, program-
12
ming, budget formulation and execution, acqui-
13
sition, governance, cybersecurity, information
14
technology
15
modernization, and oversight of the Depart-
16
ment’s information technology, systems, and
17
communications infrastructure as the Under
18
Secretary for Management may prescribe.
workforce
planning,
integration,
19
‘‘(B) HEAD.—The Chief Information Offi-
20
cer shall be the head of the Bureau of Diplo-
21
matic Technology.’’.
22
SEC. 5118. ASSISTANT SECRETARY FOR CONSULAR AF-
23
24
FAIRS.
Section 1(c) of the State Department Basic Authori-
25 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
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1 section 5113, is further amended by inserting after para2 graph (5) the following:
3
4
‘‘(6) ASSISTANT
SECRETARY FOR CONSULAR
AFFAIRS.—
5
‘‘(A) IN GENERAL.—There shall be in the
6
Department of State an Assistant Secretary for
7
Consular Affairs who shall be responsible to the
8
Secretary of State, acting through the Under
9
Secretary for Management, for matters relating
10
to consular affairs, including, as appropriate,
11
leading the coordination of programs carried
12
out by Federal departments and agencies over-
13
seas, and such other related duties as the Sec-
14
retary may from time to time designate.
15
‘‘(B) RESPONSIBILITIES.—The Assistant
16
Secretary for Consular Affairs shall maintain
17
continuous observation and coordination of all
18
matters pertaining to consular functions in the
19
conduct of foreign policy, including, as appro-
20
priate—
21
‘‘(i) formulating and implementing
22
policy relating to immigration, provision of
23
consular services, and determination of
24
United States citizenship;
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1
‘‘(ii)
developing,
revising,
imple-
2
menting, and directing policies, procedures,
3
and regulations, including—
4
‘‘(I)
the
adjudication
and
5
issuance of passports, visas, and re-
6
lated services;
7
‘‘(II) the protection and welfare
8
of United States citizens and interests
9
abroad;
10
‘‘(III) the provision of consular
11
services by third countries in the ab-
12
sence of a United States consular
13
presence; and
14
‘‘(IV)
the
determination
of
15
United States citizenship or nation-
16
ality;
17
‘‘(iii) providing guidance and rec-
18
ommendations on related consular issues to
19
Department principals and United States
20
embassies and consulates;
21
‘‘(iv) ensuring responsive and efficient
22
provision of consular services in the United
23
States and overseas;
24
25
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‘‘(v) overseeing and directing the
Passport Office and Visa Office; and
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2003
1
‘‘(vi) maintaining the security of offi-
2
cial consular documentation, in collabora-
3
tion with the Bureau of Diplomatic Secu-
4
rity.’’.
5
6
SEC. 5119. BUREAU OF CONSULAR AFFAIRS.
Section 1(g) of the State Department Basic Authori-
7 ties Act of 1956 (22 U.S.C. 2651a(g)) is amended to read
8 as follows:
9
‘‘(g) BUREAU OF CONSULAR AFFAIRS.—
10
‘‘(1) ESTABLISHMENT.—There shall be in the
11
Department of State a Bureau of Consular Affairs,
12
which shall perform such functions related to con-
13
sular functions performed by United States consular
14
officers as the Under Secretary for Management
15
may prescribe.
16
‘‘(2) HEAD.—The Assistant Secretary for Con-
17
sular Affairs shall be the head of the Bureau of
18
Consular Affairs.’’.
19
SEC. 5120. SENSE OF CONGRESS REGARDING MODERNIZA-
20
TION AND REALIGNMENT OF CONSULAR SYS-
21
TEMS.
22
It is the sense of Congress that the Department
23 should—
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1
(1) align consular information systems mod-
2
ernization with enterprise-wide information tech-
3
nology strategy and cybersecurity policies;
4
(2) improve integration, reduce redundancy,
5
and enhance efficiency across Department-wide sys-
6
tems; and
7
(3) ensure that consular systems benefit from
8
unified management, architecture, and moderniza-
9
tion.
10
SEC. 5121. FEE FOR USE OF DIPLOMATIC RECEPTION
11
ROOMS.
12
Section 54 of the State Department Basic Authorities
13 Act of 1956 (22 U.S.C. 2726) is amended in the first sen14 tence by striking ‘‘The Secretary’’ and inserting ‘‘The Sec15 retary, acting through the Under Secretary for Manage16 ment,’’.
Subtitle B—Human Resources
17
18
SEC.
5131.
19
20
ASSISTANT
SECRETARY
FOR
HUMAN
RE-
SOURCES.
Section 1(c) of the State Department Basic Authori-
21 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
22 section 5118, is further amended by inserting after para23 graph (6) the following:
24
25
‘‘(7) ASSISTANT SECRETARY FOR HUMAN RESOURCES.—
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1
‘‘(A) ESTABLISHMENT.—There shall be in
2
the Department of State an Assistant Secretary
3
for Human Resources who shall be responsible
4
to the Secretary of State, acting through the
5
Under Secretary for Management, for matters
6
relating to human resources, the management
7
and development of the workforce of the De-
8
partment, and such other related duties as the
9
Secretary may from time to time designate.
10
‘‘(B) RESPONSIBILITIES.—In addition to
11
the responsibilities described in subparagraph
12
(A), the Assistant Secretary for Human Re-
13
sources shall maintain continuous observation
14
and coordination of all matters pertaining to
15
human capital, workforce development and
16
management in the conduct of foreign policy,
17
including, as appropriate—
18
‘‘(i) personnel management, including
19
recruitment, development, evaluation reten-
20
tion, promotion, and retirement;
21
‘‘(ii) the Department of State’s train-
22
ing and development institutions, pro-
23
grams, and responsibilities;
24
‘‘(iii) managing employee experience,
25
relations, and benefits, including address-
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1
ing grievances, ensuring accessibility, man-
2
aging accommodations, and administering
3
the Department’s benefits and annuities;
4
‘‘(iv) domestic and overseas assign-
5
ments policy and administration;
6
‘‘(v) presidential appointments; and
7
‘‘(vi) such other related duties as the
8
Under Secretary for Management may
9
from time to time designate.
10
‘‘(C) RULE OF CONSTRUCTION.—Nothing
11
in this paragraph may be construed to conflict
12
with or otherwise overlap with the authorities
13
and responsibilities of the Director General of
14
the Foreign Service as set forth in section 208
15
of the Foreign Service Act of 1980 (22 U.S.C.
16
3928).’’.
17
18
SEC. 5132. BUREAU OF HUMAN RESOURCES.
(a) IN GENERAL.—Subsection (q) of section 1 of the
19 State Department Basic Authorities Act of 1956 (22
20 U.S.C. 2651a), as added by section 5114 and amended
21 by section 5117, is further amended by adding at the end
22 the following:
23
‘‘(3) BUREAU OF HUMAN RESOURCES.—
24
‘‘(A) ESTABLISHMENT.—There shall be in
25
the Department of State a Bureau of Human
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1
Resources, which shall perform such functions
2
related to the recruitment, training, and retire-
3
ment of personnel of the Department as the
4
Under Secretary for Management may pre-
5
scribe.
6
‘‘(B) HEAD.—The Assistant Secretary for
7
Human Resources shall be the head of the Bu-
8
reau of Human Resources.’’.
9
(b) REFERENCES.—Any reference in any statute, re-
10 organization plan, Executive order, regulation, agreement,
11 determination, or other official document or proceeding
12 to—
13
(1) the Director of Global Talent shall be
14
deemed to refer to the Assistant Secretary for
15
Human Resources; and
16
(2) the Bureau of Global Talent Management
17
shall be deemed to refer to the Bureau of Human
18
Resources.
19
SEC. 5133. VETERANS INNOVATION PARTNERSHIP FELLOW-
20
21
SHIP PROGRAM.
(a) IN GENERAL.—There shall be in the Department
22 a Veterans Innovation Partnership Fellowship Program
23 (hereinafter in this section referred to as the ‘‘VIP Fellow24 ship Program’’).
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1
(b) FINDING.—Congress finds that the VIP Fellow-
2 ship Program plays a vital role in providing veterans with
3 professional experience, training, and pathways to careers
4 in international affairs, while strengthening the Depart5 ment’s recruitment of skilled, diverse, and service-minded
6 personnel.
7
(c) OBJECTIVES.—The program required by sub-
8 section (a) shall—
9
(1) expand opportunities for veterans to gain
10
professional experience in diplomacy, development,
11
and international cooperation;
12
(2) leverage the skills, leadership, and expertise
13
of veterans to enhance the work of the Department
14
and other participating agencies; and
15
(3) support the transition of veterans into pub-
16
lic service careers, particularly in foreign affairs.
17
(d) ADMINISTRATION.—The program required by
18 subsection (a) shall be administered by the Department,
19 consistent with existing law and regulations, and in coordi20 nation with relevant Federal departments and agencies
21 and veteran-serving organizations.
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1
SEC. 5134. THOMAS R. PICKERING FOREIGN AFFAIRS FEL-
2
3
LOWSHIP PROGRAM.
(a) AUTHORIZATION.—There shall be in the Depart-
4 ment a Thomas R. Pickering Foreign Affairs Fellowship
5 Program.
6
(b) PURPOSE.—The program required by subsection
7 (a) shall continue to provide financial assistance, men8 toring, and professional development opportunities to
9 graduate students who commit to pursuing careers in the
10 Foreign Service of the United States.
11
(c) ADMINISTRATION.—The program required by
12 subsection (a) shall be administered by the Department,
13 consistent with existing law and regulations.
14
SEC. 5135. CHARLES B. RANGEL INTERNATIONAL AFFAIRS
15
16
FELLOWSHIP PROGRAM.
(a) AUTHORIZATION.—There shall be in the Depart-
17 ment a Charles B. Rangel International Affairs Fellowship
18 Program.
19
(b) PURPOSE.—The program required by subsection
20 (a) shall continue to recruit and support outstanding indi21 viduals from diverse backgrounds to prepare them for ca22 reers in the Foreign Service.
23
(c) ADMINISTRATION.—The program required by
24 subsection (a) shall be administered by the Department,
25 consistent with existing law and regulations.
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1
SEC. 5136. DONALD M. PAYNE INTERNATIONAL DEVELOP-
2
MENT FELLOWSHIP PROGRAM.
3
(a) AUTHORIZATION.—There shall be in the Depart-
4 ment a Donald M. Payne International Development Fel5 lowship Program.
6
(b) PURPOSE.—The program required by subsection
7 (a) shall continue to provide financial assistance, men8 toring, and professional development opportunities to indi9 viduals pursuing careers in international development.
10
(c) ADMINISTRATION.—The program required by
11 subsection (a) shall be administered by the Department,
12 consistent with existing law and regulations.
13
SEC. 5137. MATTERS RELATING TO THE FOREIGN SERVICE
14
15
INSTITUTE.
(a) DIRECTOR LINE OF REPORTING.—The Director
16 of the Foreign Service Institute shall report to the Assist17 ant Secretary for Human Resources for all matters per18 taining to the management, execution, and strategy of the
19 training and instruction required by section 701 of the
20 Foreign Service Act of 1980 (22 U.S.C. 4021).
21
(b) SCHOOLS OF INSTRUCTION.—The Foreign Serv-
22 ice Institute shall consist of at least four schools of in23 struction, which shall provide instruction consistent with
24 the requirements set forth in chapter 7 of title I of the
25 Foreign Service Act of 1980 (22 U.S.C. 4021 et seq.).
26 The schools of instruction shall be as follows:
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1
(1) The School of Professional and Area Stud-
2
ies, which shall provide job-specific orientation,
3
tradecraft, and area studies, as well as new-hire ori-
4
entation programs.
5
(2) The School of Leadership and Management
6
Studies, which shall provide leadership and crisis
7
management training.
8
(3) The School of Applied Information Tech-
9
nology Studies, which shall provide instruction to en-
10
sure information technology professionals have the
11
up-to-date knowledge and skills required to operate
12
and maintain the complex computer and technology
13
systems employed by the Department.
14
(4) The School of Foreign Languages, which
15
shall be responsible for providing language instruc-
16
tion as prescribed by law and at the direction of the
17
Secretary.
18
SEC. 5138. FEES FOR USE OF THE GEORGE P. SCHULTZ NA-
19
TIONAL FOREIGN AFFAIRS TRAINING CEN-
20
TER.
21
Section 53 of the State Department Basic Authorities
22 Act of 1956 (22 U.S.C. 2725) is amended in the first sen23 tence by striking ‘‘The Secretary’’ and inserting ‘‘The Sec24 retary, acting through the Under Secretary for Manage25 ment’’.
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Subtitle C—Political Affairs
1
2
3
SEC. 5141. UNDER SECRETARY FOR POLITICAL AFFAIRS.
Section 1(b) of the State Department Basic Authori-
4 ties Act of 1956 (22 U.S.C. 2651a(b)), as amended by
5 section 5111, is further amended by inserting after para6 graph (4) the following:
7
8
‘‘(5) UNDER SECRETARY FOR POLITICAL AFFAIRS.—
9
‘‘(A) ESTABLISHMENT.—There shall be in
10
the Department of State, among the Under
11
Secretaries authorized by paragraph (1), an
12
Under Secretary of State for Political Affairs
13
who shall assist the Secretary of State and the
14
Deputy Secretary of State on matters relating
15
to regional and bilateral diplomacy, and such
16
other related duties as the Secretary may from
17
time to time designate.
18
‘‘(B) RESPONSIBILITIES.—In addition to
19
the responsibilities described under subsection
20
(a), the Under Secretary for Political Affairs
21
shall maintain continuous observation and co-
22
ordination of all matters pertaining to the im-
23
plementation of the foreign policy of the United
24
States, including, as appropriate, coordinating
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1
with the other Under Secretaries of State in im-
2
plementing foreign policy.’’.
3
SEC. 5142. CONGRESSIONAL NOTIFICATION REGARDING
4
CHANGES TO BUREAU JURISDICTION.
5
(a) IN GENERAL.—The Secretary, acting through the
6 Under Secretary for Management and the Under Sec7 retary for Political Affairs, shall, not later than 60 days
8 before making any change to the geographic or functional
9 jurisdiction of any bureau of the Department, including
10 by adding or removing countries or otherwise changing the
11 scope of responsibilities under the purview of such bureau,
12 submit to the appropriate congressional committees a noti13 fication of such proposed change, including—
14
(1) a justification for such change;
15
(2) a description of the expected operational,
16
programmatic, or policy implications for any bureau
17
affected by such change;
18
19
(3)
any
proposed
or
anticipated
staffing
changes as a result of such change; and
20
(4) the anticipated cost or savings of such
21
change.
22
(b) APPROPRIATE CONGRESSIONAL COMMITTEES
23 DEFINED.—In this section, the term ‘‘appropriate con24 gressional committees’’ means—
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1
(1) the Committee on Foreign Affairs and the
2
Committee on Appropriations of the House of Rep-
3
resentatives; and
4
5
6
7
(2) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
SEC. 5143. AMBASSADOR-AT-LARGE FOR THE ARCTIC.
(a) ESTABLISHMENT.—There is authorized to be in
8 the Department an Ambassador-at-Large for the Arctic
9 who shall be responsible to the Secretary, acting through
10 the Under Secretary for Political Affairs, for—
11
(1) matters relating to the Arctic region; and
12
(2) such other related duties as such the Sec-
13
retary may from time to time designate.
14
(b) APPOINTMENT.—The Ambassador-at-Large for
15 the Arctic shall be appointed by the President, by and with
16 the advice and consent of the Senate.
17
(c) DUTIES AND RESPONSIBILITIES.—
18
19
(1) IN
GENERAL.—The
Ambassador-at-Large
for the Arctic shall—
20
21
22
(A) advance United States interests in the
Arctic region;
(B) engage with foreign governments,
23
intergovernmental
24
Council, and other international or multilateral
25
organizations of which the United States is a
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organizations,
the
Arctic
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1
member or has observer status and which ad-
2
vance United States interests in the Arctic re-
3
gion;
4
(C) facilitate the development and coordi-
5
nation of United States foreign policy and pro-
6
grams in the Arctic region;
7
(D) coordinate with relevant offices, bu-
8
reaus, and interagency partners on efforts to
9
counter the malign influence of the Russian
10
Federation and the People’s Republic of China
11
in Arctic countries and Arctic multilateral fora
12
and organizations;
13
(E) coordinate the diplomatic objectives
14
with respect to the activities described in sub-
15
paragraph (A), and, as appropriate, represent
16
the United States within multilateral fora that
17
address international cooperation and foreign
18
policy matters in the Arctic region;
19
(F) help inform, in coordination with the
20
Bureau of Economic Affairs, transnational com-
21
merce and commercial maritime transit in the
22
Arctic region;
23
(G) ensure, in coordination with the Bu-
24
reau of Oceans and International Environ-
25
mental and Scientific Affairs, that scientific
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1
data, environmental monitoring, and scientific
2
research cooperation is consistent with regional
3
security planning programs and research secu-
4
rity best practices in the Department and other
5
relevant Federal departments and agencies;
6
(H) consult, as appropriate, with Arctic in-
7
digenous communities, including by ensuring
8
equal application and full protection of laws re-
9
lating to investment screening, foreign influ-
10
ence, and other relevant national security regu-
11
lations and statutes;
12
(I) ensure that all actions taken to perform
13
the duties described in this subsection are con-
14
sistent with the Arctic Region Security Policy
15
in accordance with subsection (f); and
16
(J) use the voice, vote, and influence of the
17
United States to encourage other countries and
18
international multilateral organizations to sup-
19
port the principles of the Arctic Region Security
20
Policy implemented pursuant to subsection (f).
21
(2) AREAS OF RESPONSIBILITY.—The Ambas-
22
sador-at-Large for Arctic Affairs is authorized to
23
maintain continuous observation and coordination on
24
matters related to the following:
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1
(A) Institutions for cooperation among the
2
Arctic countries.
3
(B) Scientific monitoring and research on
4
local, regional, and global environmental issues.
5
(C) Responsible natural resource manage-
6
ment and economic development.
7
(3) ADDITIONAL DUTIES.—In addition to the
8
duties and responsibilities specified in paragraphs
9
(1) and (2), the Ambassador-at-Large for Arctic Af-
10
fairs shall also carry out such other relevant duties
11
as the Secretary may assign.
12
(d) ARCTIC WATCHER PROGRAM.—The Ambassador-
13 at-Large for Arctic Affairs shall establish and carry out
14 a program to be known as the ‘‘Arctic Watcher Program’’,
15 to—
16
(1) monitor the Arctic region across the secu-
17
rity, military, economic, natural resource, cyber, sci-
18
entific, and political sectors in foreign countries;
19
(2) monitor and combat the People’s Republic
20
of China, Russian Federation, and other malign in-
21
fluence campaigns across the Arctic region that im-
22
pact United States national security, European secu-
23
rity, and Indo-Pacific security that pose a threat to
24
the rules-based order, and undermine United States
25
interests in the region;
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1
(3) strengthen the capacity of the United States
2
to engage with foreign countries and regional and
3
international organizations that are engaged in Arc-
4
tic affairs; and
5
(4) strengthen United States energy security,
6
cyber security, and economic interests in the Arctic,
7
including in the critical minerals and natural re-
8
sources sectors.
9
(e) EXPANSION OF REGIONAL CHINA OFFICER AND
10 RUSSIA WATCHER POSITIONS TO THE ARCTIC REGION.—
11
(1) IN GENERAL.—The Secretary shall expand
12
the number of Regional China Officer and Russia
13
Watcher positions to include the following:
14
(A) At least three posts in European coun-
15
tries with significant interests in the Arctic re-
16
gion.
17
(B) At least one post in North American
18
countries with significant interests in the Arctic
19
region.
20
(2) POSITION COMPOSITION.—One-half of the
21
positions described in paragraph (1) shall be part of
22
the Regional China Officer program and one-half of
23
such positions shall be Russia Watchers.
24
(3) NOTIFICATION.—The Ambassador-at-Large
25
for Arctic Affairs shall notify the appropriate con-
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1
gressional committees upon assigning an individual
2
to a position described in paragraph (1).
3
(f) ARCTIC REGION SECURITY POLICY.—
4
(1) LEAD BUREAU.—The Bureau of European
5
and Eurasian Affairs shall be the lead bureau for
6
developing and implementing the Arctic Region Se-
7
curity Policy of the United States, in coordination
8
with other relevant regional and functional bureaus
9
and offices of the Department and other relevant
10
Federal departments and agencies, to advance
11
United States national security interests.
12
(2) DUTIES AND RESPONSIBILITIES.—The Arc-
13
tic Region Security Policy shall advance United
14
States national security interests by assessing, devel-
15
oping, budgeting for, and implementing plans, poli-
16
cies, and actions—
17
(A) to bolster the diplomatic presence of
18
the United States in Arctic countries, including
19
through enhancements to diplomatic missions
20
and facilities, participation in regional and bi-
21
lateral dialogues that advance United States in-
22
terests related to Arctic security, and coordina-
23
tion of United States initiatives and assistance
24
programs across agencies to protect the na-
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1
tional security of the United States and its al-
2
lies and partners;
3
(B) to enhance the resilience of Arctic
4
countries that are United States allies and part-
5
ners with respect to the economic, environ-
6
mental, and security effects that may result
7
from increased accessibility of the Arctic region;
8
(C) to assess specific added risks to the
9
Arctic region and Arctic countries that—
10
11
(i) are vulnerable to the changing Arctic environment; and
12
(ii) are strategically significant to the
13
United States;
14
(D) to advance principles of good govern-
15
ance by encouraging and cooperating with Arc-
16
tic countries on collaborative approaches—
17
18
(i) to responsibly manage natural resources in the Arctic region;
19
20
(ii) to share the burden of ensuring
maritime safety in the Arctic region;
21
(iii) to address challenges posed by
22
the militarization of the Arctic region by
23
the Russian Federation;
24
(iv) to address growing security co-
25
operation in the Arctic region by the Rus-
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1
sian Federation and People’s Republic of
2
China and the implications for United
3
States national security interests and Arc-
4
tic security;
5
(v) to develop multilateral policies
6
among Arctic countries on the manage-
7
ment of maritime transit routes through
8
the Arctic region and work cooperatively
9
on the transit policies for access to and
10
transit in the Arctic Region by non-Arctic
11
countries; and
12
(vi) to facilitate the development of
13
Arctic Region Security Action Plans to en-
14
sure effective implementation of the objec-
15
tives identified in the Arctic Region Secu-
16
rity Policy;
17
(E) to evaluate the vulnerability, security,
18
survivability, and resiliency of United States in-
19
terests in the Arctic region;
20
(F) to counter malign influence from the
21
Russian Federation and the People’s Republic
22
of China in Arctic countries and Arctic multi-
23
lateral fora, including through the exploitation
24
or manipulation of—
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(i) science and research partnerships
2
or organizations;
3
(ii) economic development projects in
4
strategic sectors, including transportation,
5
energy, and telecommunications;
6
(iii) educational, cultural, and reli-
7
gious organizations; and
8
(iv) engagements with subnational
9
and indigenous governance structures; and
10
(G) to increase coordination among Arctic
11
countries that are members of the North Atlan-
12
tic Treaty Organization on the protection of
13
critical infrastructure, including energy, tele-
14
communications, and scientific infrastructure.
15
(g) RESTRICTIONS AND REQUIREMENTS.—
16
(1) SCOPE OF AUTHORITY.—The Ambassador-
17
at-Large for Arctic Affairs and any other personnel
18
assigned to the Ambassador-at-Large shall not have
19
any authority or role in decision-making on United
20
States domestic policy issues beyond those directly
21
related to United States foreign policy with inter-
22
national partners and stakeholders in the Arctic re-
23
gion.
24
25
(2) BRIEFINGS
REQUIREMENT.—The
Ambas-
sador-at-Large for Arctic Affairs shall provide to the
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1
appropriate congressional committees periodic brief-
2
ings on diplomatic engagements in the Arctic.
3
(3) GUIDANCE RELATED TO ATTENDANCE AND
4
PARTICIPATION AT ARCTIC CONFERENCES AND MUL-
5
TILATERAL FORA.—The Secretary shall disseminate
6
guidance, in coordination with the Bureau of Diplo-
7
matic Security and relevant interagency partners,
8
for the attendance and participation of United
9
States Government officials at Arctic conferences
10
and multilateral fora, taking into consideration—
11
(A) the potential for United States Govern-
12
ment attendance to advance United States na-
13
tional security and foreign policy objectives; and
14
(B) the degree to which the organization
15
hosting or funding a conference or other event
16
is funded, controlled, or advances the interests
17
of the Russian Federation or People’s Republic
18
of China.
19
(h) REPORT.—
20
(1) IN GENERAL.—Not later than 180 days
21
after the date of the enactment of this Act, and an-
22
nually thereafter, the Secretary, in coordination with
23
the Director of National Intelligence, the Secretary
24
of Defense, and the heads of other relevant Federal
25
departments and agencies, shall submit to the ap-
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1
propriate congressional committees a report on Rus-
2
sian and Chinese malign influence in the Arctic re-
3
gion.
4
5
(2) CONTENTS.—The report required by paragraph (1) shall—
6
(A) examine the Arctic strategies of Russia
7
and China and the impact of such strategies on
8
United States national security, scientific, and
9
foreign policy interests in the Arctic region;
10
(B) examine Russian and Chinese coopera-
11
tion in the Arctic region and implications of any
12
such cooperation for the United States;
13
(C) examine the efforts of Russia and
14
China to advance the strategic interests of such
15
countries in the Arctic region through exploit-
16
ing, manipulating, or co-opting non-govern-
17
mental and international organizations in the
18
Arctic region;
19
(D) provide a list of multilateral engage-
20
ments and conferences attended by the Ambas-
21
sador-at-Large for Arctic Affairs during the re-
22
porting period and an explanation of how such
23
engagements countered Russian and Chinese in-
24
fluence and advanced United States national se-
25
curity and foreign policy interests;
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(E) examine Russian and Chinese efforts
2
to gain control and influence over key sectors in
3
the Arctic region, including critical minerals,
4
energy, transportation, and fishing;
5
(F) assess Russian and Chinese efforts to
6
exploit scientific and academic research in the
7
Arctic, including through research partnerships
8
with academic institutions in the United States
9
and other Arctic countries; and
10
(G) assess the tools, resources, and fund-
11
ing available to counter Russian and Chinese
12
influence in the Arctic region.
13
(3) FORM.—The report required by paragraph
14
(1) shall be submitted in unclassified form, but may
15
contain a classified annex if necessary.
16
(4) SUNSET.—The reporting requirement in
17
this subsection shall expire on the date that is 10
18
years after the date of the enactment of this Act.
19
(i) DEFINITIONS.—In this section—
20
(1) the term ‘‘Arctic countries’’ means those
21
countries that, as of the date of the enactment of
22
this Act, are permanent members of the Arctic
23
Council; and
24
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1
(A) the geographic region north of the
2
66.56083 parallel latitude north of the equator;
3
(B) all the United States territory north
4
and west of the boundary formed by the Porcu-
5
pine, Yukon, and Kuskokwim Rivers;
6
(C) all contiguous seas, including the Arc-
7
tic Ocean and the Beaufort, Bering, and
8
Chukchi Seas; and
9
10
(D) the Aleutian Chain.
SEC.
5144.
11
12
AMBASSADOR-AT-LARGE
FOR
THE
INDIAN
OCEAN REGION.
(a) ESTABLISHMENT.—There is authorized to be in
13 the Department an Ambassador-at-Large for the Indian
14 Ocean Region who shall be responsible to the Secretary,
15 acting through the Under Secretary for Political Affairs,
16 for—
17
18
(1) matters relating to the Indian Ocean region;
and
19
(2) such other related duties as the Secretary
20
may from time to time designate.
21
(b) APPOINTMENT.—The ambassador described in
22 subsection (a) may only be established if appointed by the
23 President, by and with the advice and consent of the Sen24 ate.
25
(c) RESPONSIBILITIES.—
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1
(1) IN GENERAL.—The responsibilities of the
2
Ambassador-at-Large for the Indian Ocean Region
3
may include—
4
(A) ensuring harmonization and continuity
5
of United States diplomatic efforts and assist-
6
ance programs across Indian Ocean region
7
countries;
8
(B) identifying the diplomatic, military,
9
economic, and development lines of effort that
10
are of greatest United States strategic interest
11
in Indian Ocean region countries and rein-
12
forcing United States diplomatic and inter-
13
agency engagement with respect to such lines of
14
effort; and
15
(C) identifying and reinforcing United
16
States diplomatic and interagency engagement
17
to counter malign People’s Republic of China
18
influence activities in the Indian Ocean region
19
and Indian Ocean region countries that are con-
20
trary to United States interests.
21
(2) INDIAN
OCEAN REGION COUNTRIES DE-
22
FINED.—In this subsection, the term ‘‘Indian Ocean
23
region countries’’ means—
24
25
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(A) the littoral countries of the Indian
Ocean; and
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1
(B) such other countries as the Secretary
2
may determine, after consultation with the ap-
3
propriate congressional committees.
4
SEC. 5145. ASSISTANT SECRETARY FOR EAST ASIAN AND
5
6
PACIFIC AFFAIRS.
Section 1(c) of the State Department Basic Authori-
7 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
8 section 5131, is further amended by inserting after para9 graph (7) the following:
10
11
‘‘(8) ASSISTANT SECRETARY FOR EAST ASIAN
AND PACIFIC AFFAIRS.—
12
‘‘(A) ESTABLISHMENT.—There shall be in
13
the Department of State an Assistant Secretary
14
for East Asian and Pacific Affairs who shall be
15
responsible to the Secretary of State, acting
16
through the Under Secretary for Political Af-
17
fairs, for—
18
19
‘‘(i) matters relating to East Asia and
the Pacific region; and
20
‘‘(ii) such other related duties as the
21
Secretary may from time to time des-
22
ignate.
23
‘‘(B) RESPONSIBILITIES.—In addition to
24
the responsibilities described under subpara-
25
graph (A), the Assistant Secretary for East
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Asian and Pacific Affairs shall maintain contin-
2
uous observation and coordination of all mat-
3
ters pertaining to implementation of United
4
States foreign policy in East Asia and the Pa-
5
cific.’’.
6
SEC. 5146. BUREAU OF EAST ASIAN AND PACIFIC AFFAIRS.
7
Subsection (q) of section 1 of the State Department
8 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
9 added by section 5114 and amended by section 5132, is
10 further amended by adding at the end the following:
11
12
‘‘(4) BUREAU OF EAST ASIAN AND PACIFIC AFFAIRS.—
13
‘‘(A) ESTABLISHMENT.—There shall be in
14
the Department of State a Bureau of East
15
Asian and Pacific Affairs, which shall perform
16
such functions related to implementation of
17
United States foreign policy to East Asia and
18
the Pacific as the Under Secretary for Political
19
Affairs may prescribe.
20
‘‘(B) HEAD.—The Assistant Secretary for
21
East Asian and Pacific Affairs shall be the
22
head of the Bureau of East Asian and Pacific
23
Affairs.
24
‘‘(C) DEFINITION.—In this paragraph, the
25
term ‘East Asia and the Pacific’ means the re-
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1
gion of countries that the Secretary of State
2
designates as within the responsibility of the
3
Bureau for East Asian and Pacific Affairs.’’.
4
SEC. 5147. DIRECTOR OF THE OFFICE OF MULTILATERAL
5
AFFAIRS IN BUREAU OF EAST ASIAN AND PA-
6
CIFIC AFFAIRS.
7
(a) AUTHORIZATION.—There shall be in the Depart-
8 ment a Director who shall oversee an Office of Multilateral
9 Affairs in the Bureau of East Asian and Pacific Affairs.
10
(b) DUTIES.—The Director of the Office of Multilat-
11 eral Affairs should—
12
(1) coordinate and support diplomatic engage-
13
ment in East Asia-focused regional fora and organi-
14
zations, including the Asia-Pacific Economic Co-
15
operation,
16
ASEAN Regional Forum, East Asia Summit, the
17
Lower Mekong Initiative, and any other East Asia-
18
focused multilateral fora determined by the Sec-
19
retary; and
Association
of
Southeast
Nations,
20
(2) provide staff and logistic support to the
21
United States Ambassador for Asia-Pacific Eco-
22
nomic Cooperation and the United States Ambas-
23
sador to the Association of Southeast Nations.
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(c) SUNSET.—This section shall terminate on the
2 date that is 5 years after the date of the enactment of
3 this Act.
4
5
SEC. 5148. COUNTERING PRC INFLUENCE FUND UNIT.
(a) ESTABLISHMENT.—The Secretary shall establish
6 and maintain a Countering the PRC Influence Fund Unit
7 (in this section referred to as the ‘‘CPIF Unit’’) in the
8 Bureau of East Asian and Pacific Affairs.
9
(b) PERSONNEL.—
10
(1) COMPOSITION.—The CPIF Unit may be
11
comprised of a Director, Deputy Director, and addi-
12
tional staff as appropriate, including a Budget Ana-
13
lyst, a Grant Officer, a Program Assistant, and a
14
Monitoring, Evaluation, and Learning Specialist.
15
(2) STAFFING.—The CPIF Unit shall be com-
16
prised of personnel with expertise or experience in
17
performing the following functions:
18
(A) Grants Officer.
19
(B) Program Assistant.
20
(C) Monitoring, Evaluation, and Learning
21
Specialist.
22
(3) DIRECTOR.—The Director of the CPIF
23
Unit shall fulfill the following responsibilities:
24
(A) Identify on an annual basis specific
25
strategic priorities for the CPIF Unit consistent
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1
with United States national security priorities
2
and objectives.
3
(B) In coordination with the head of the
4
Office of Foreign Assistance and other relevant
5
officials of the Department, coordinate, select,
6
and approve all CPIF Unit programming, such
7
as geographic and functional areas of focus,
8
based on criteria that the program directly
9
counters malign activities by the People’s Re-
10
public of China.
11
(C) Ensure that all CPIF Unit program-
12
ming advances United States foreign policy and
13
national security interests.
14
(D) Conduct oversight, monitoring, and
15
evaluation of the effectiveness of all CPIF Unit
16
programming to ensure that it advances United
17
States foreign policy and national security in-
18
terests and degrades the ability of the People’s
19
Republic of China or entities acting on the be-
20
half of the People’s Republic of China to con-
21
duct malign influence operations.
22
(E) Ensure, to the maximum extent prac-
23
ticable, that all CPIF Unit programming is car-
24
ried out in coordination with other Federal ac-
25
tivities to counter PRC malign influence.
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(F) On a quarterly basis, brief the appro-
2
priate congressional committees on the develop-
3
ment of annual strategic priorities and CPIF
4
Unit project selection and implementation.
5
(G) Provide a written list of CPIF Unit
6
projects approved for each fiscal year to—
7
(i) the Committee on Foreign Affairs
8
and the Committee on Appropriations of
9
the House of Representatives; and
10
(ii) the Committee on Foreign Rela-
11
tions and the Committee on Appropriations
12
of the Senate.
13
(4) DEPUTY DIRECTOR.—The Deputy Director
14
of the CPIF Unit may have responsibility for policy
15
and programming to assist the Director, particularly
16
with respect to CPIF Unit activities handled by
17
other United States departments and agencies.
18
(c) MONITORING, EVALUATION, AND LEARNING AC-
19
TIVITIES.—The Director of the CPIF Unit may—
20
(1) direct monitoring, evaluation, and learning
21
activities to assess programmatic outcomes, maxi-
22
mize government efficiency, and reduce the risks of
23
fraud and waste;
24
(2) conduct regular research and evaluation of
25
CPIF Unit programs and activities to improve ongo-
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1
ing and future activities, including by implementing
2
a process to ensure monitoring, evaluation, and
3
learning results are considered in funding decisions;
4
and
5
(3) make available to the appropriate congres-
6
sional committees the findings of any research or
7
evaluation conducted under paragraph (2).
8
(d) PRC MALIGN INFLUENCE DEFINED.—In this
9 section, the term ‘‘PRC malign influence’’ means activities
10 by the Government of the People’s Republic of China or
11 an entity acting on the behalf of the Government of the
12 People’s Republic of China that—
13
14
(1) undermines a free and open international
order;
15
(2) utilizes covert or overt information oper-
16
ations, corruption, political interference, cultural
17
pressure, or economic coercion and dependency to
18
influence the political, military, economic, or other
19
policies of a foreign country to advance the strategic
20
objectives of the People’s Republic of China;
21
(3) undermines the national security, territorial
22
integrity, or sovereignty of the United States or
23
other country; or
24
(4) undermines the political and economic secu-
25
rity of the United States or other country, including
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1
by facilitating corruption or elite capture, distorting
2
markets, and advancing coercive economic practices,
3
including theft of intellectual property, and engaging
4
in foreign information operations.
5
(e) TERMINATION.—The CPIF Unit established
6 under this section shall terminate on the date that is four
7 years after the date of the enactment of this Act.
8
SEC. 5149. ASSISTANT SECRETARY FOR AFRICAN AFFAIRS.
9
Section 1(c) of the State Department Basic Authori-
10 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
11 section 5145, is further amended by inserting after para12 graph (8) the following:
13
14
‘‘(9) ASSISTANT SECRETARY FOR AFRICAN AFFAIRS.—
15
‘‘(A) ESTABLISHMENT.—There shall be in
16
the Department of State an Assistant Secretary
17
for African Affairs who shall be responsible to
18
the Secretary of State, acting through the
19
Under Secretary for Political Affairs, for—
20
21
‘‘(i) matters relating to sub-Saharan
Africa; and
22
‘‘(ii) such other related duties as the
23
Secretary may from time to time des-
24
ignate.
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‘‘(B) RESPONSIBILITIES.—In addition to
2
the responsibilities described under subpara-
3
graph (A), the Assistant Secretary for African
4
Affairs shall maintain continuous observation
5
and coordination of all matters pertaining to
6
implementation of United States foreign policy
7
in sub-Saharan Africa.’’.
8
9
SEC. 5150. BUREAU OF AFRICAN AFFAIRS.
Subsection (q) of section 1 of the State Department
10 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
11 added by section 5114 and amended by section 5146, is
12 further amended by adding at the end the following:
13
‘‘(5) BUREAU OF AFRICAN AFFAIRS.—
14
‘‘(A) ESTABLISHMENT.—There shall be in
15
the Department of State a Bureau of African
16
Affairs, which shall perform such functions re-
17
lated to implementation of United States for-
18
eign policy and assistance to sub-Saharan Afri-
19
ca as the Under Secretary for Political Affairs
20
may prescribe.
21
‘‘(B) HEAD.—The Assistant Secretary for
22
African Affairs shall be the head of the Bureau
23
of African Affairs.
24
‘‘(C) DEFINITION.—In this paragraph, the
25
term ‘sub-Saharan Africa’ means the region of
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1
countries that the Secretary of State designates
2
as within the responsibility of the Bureau of Af-
3
rican Affairs.’’.
4
SEC. 5151. ASSISTANT SECRETARY FOR NEAR EASTERN AF-
5
6
FAIRS.
Section 1(c) of the State Department Basic Authori-
7 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
8 section 5149, is further amended by inserting after para9 graph (9) the following:
10
11
‘‘(10) ASSISTANT SECRETARY FOR NEAR EASTERN AFFAIRS.—
12
‘‘(A) ESTABLISHMENT.—There shall be in
13
the Department of State an Assistant Secretary
14
for Near Eastern Affairs who shall be respon-
15
sible to the Secretary of State, acting through
16
the Under Secretary for Political Affairs, for—
17
‘‘(i) matters relating to the Middle
18
East and North Africa; and
19
‘‘(ii) such other related duties as the
20
Secretary may from time to time des-
21
ignate.
22
‘‘(B) RESPONSIBILITIES.—In addition to
23
the responsibilities described under subpara-
24
graph (A), the Assistant Secretary for Near
25
Eastern Affairs shall maintain continuous ob-
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servation and coordination of all matters per-
2
taining to implementation of United States for-
3
eign policy in the Middle East and North Afri-
4
ca.’’.
5
6
SEC. 5152. BUREAU OF NEAR EASTERN AFFAIRS.
Subsection (q) of section 1 of the State Department
7 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
8 added by section 5114 and amended by section 5150, is
9 further amended by adding at the end the following:
10
‘‘(6) BUREAU OF NEAR EASTERN AFFAIRS.—
11
‘‘(A) ESTABLISHMENT.—There shall be in
12
the Department of State a Bureau of Near
13
Eastern Affairs, which shall perform such func-
14
tions related to implementation of United
15
States foreign policy to the Middle East and
16
North Africa as the Under Secretary for Polit-
17
ical Affairs may prescribe.
18
‘‘(B) HEAD.—The Assistant Secretary for
19
Near Eastern Affairs shall be the head of the
20
Bureau of Near Eastern Affairs.
21
‘‘(C) DEFINITION.—In this paragraph, the
22
term ‘Middle East and North Africa’ means the
23
region of countries that the Secretary of State
24
designates as within the responsibility of the
25
Bureau of Near Eastern Affairs.’’.
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SEC. 5153. ASSISTANT SECRETARY FOR SOUTH AND CEN-
2
3
TRAL ASIAN AFFAIRS.
(a) IN GENERAL.—Section 1(c) of the State Depart-
4 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)),
5 as amended by section 5151, is further amended by insert6 ing after paragraph (10) the following:
7
8
‘‘(11) ASSISTANT SECRETARY FOR SOUTH AND
CENTRAL ASIAN AFFAIRS.—
9
‘‘(A) ESTABLISHMENT.—There shall be in
10
the Department of State an Assistant Secretary
11
for South and Central Asian Affairs who shall
12
be responsible to the Secretary of State, acting
13
through the Under Secretary for Political Af-
14
fairs, for—
15
16
‘‘(i) matters relating to South and
Central Asia; and
17
‘‘(ii) such other related duties as the
18
Secretary may from time to time des-
19
ignate.
20
‘‘(B) RESPONSIBILITIES.—In addition to
21
the responsibilities described under subpara-
22
graph (A), the Assistant Secretary for South
23
and Central Asian Affairs shall maintain con-
24
tinuous observation and coordination of all mat-
25
ters pertaining to implementation of United
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States foreign policy in South and Central
2
Asia.’’.
3
(b) CONFORMING AMENDMENT REPEALING PRE-
4
VIOUS POSITION.—Section 122 of the Foreign Relations
5 Authorization Act, Fiscal Years 1992 and 1993 (22
6 U.S.C. 2652) is hereby repealed.
7
SEC. 5154. BUREAU OF SOUTH AND CENTRAL ASIAN AF-
8
9
FAIRS.
Subsection (q) of section 1 of the State Department
10 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
11 added by section 5114 and amended by section 5152, is
12 further amended by adding at the end the following:
13
14
‘‘(7) BUREAU OF SOUTH AND CENTRAL ASIAN
AFFAIRS.—
15
‘‘(A) ESTABLISHMENT.—There shall be in
16
the Department of State a Bureau of South
17
and Central Asian Affairs, which shall perform
18
such functions related to implementation of
19
United States foreign policy to South and Cen-
20
tral Asia as the Under Secretary for Political
21
Affairs may prescribe.
22
‘‘(B) HEAD.—The Assistant Secretary for
23
South and Central Asian Affairs shall be the
24
head of the Bureau of South and Central Asian
25
Affairs.
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‘‘(C) DEFINITION.—In this paragraph, the
2
term ‘South and Central Asia’ means the region
3
of countries that the Secretary of State des-
4
ignates as within the responsibility of the Bu-
5
reau for South and Central Asian Affairs.’’.
6
SEC. 5155. ASSISTANT SECRETARY FOR WESTERN HEMI-
7
8
SPHERE AFFAIRS.
Section 1(c) of the State Department Basic Authori-
9 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
10 section 5153, is further amended by inserting after para11 graph (11) the following:
12
‘‘(12) ASSISTANT
13
HEMISPHERE AFFAIRS.—
SECRETARY FOR WESTERN
14
‘‘(A) ESTABLISHMENT.—There shall be in
15
the Department of State an Assistant Secretary
16
for Western Hemisphere Affairs who shall be
17
responsible to the Secretary of State, acting
18
through the Under Secretary for Political Af-
19
fairs, for—
20
21
‘‘(i) matters relating to the Western
Hemisphere; and
22
‘‘(ii) such other related duties as the
23
Secretary may from time to time des-
24
ignate.
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1
‘‘(B) RESPONSIBILITIES.—In addition to
2
the responsibilities described under subpara-
3
graph (A), the Assistant Secretary for Western
4
Hemisphere Affairs shall maintain continuous
5
observation and coordination of all matters per-
6
taining to implementation of American foreign
7
policy in the Western Hemisphere.’’.
8
SEC. 5156. BUREAU OF WESTERN HEMISPHERE AFFAIRS.
9
Subsection (q) of section 1 of the State Department
10 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
11 added by section 5114 and amended by section 5154, is
12 further amended by adding at the end the following:
13
14
‘‘(8) BUREAU OF WESTERN HEMISPHERE AFFAIRS.—
15
‘‘(A) ESTABLISHMENT.—There shall be in
16
the Department of State a Bureau of Western
17
Hemisphere Affairs, which shall perform such
18
functions related to implementation of United
19
States foreign policy to the Western Hemi-
20
sphere as the Under Secretary for Political Af-
21
fairs may prescribe.
22
‘‘(B) HEAD.—The Assistant Secretary for
23
Western Hemisphere Affairs shall be the head
24
of the Bureau of Western Hemisphere Affairs.
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1
‘‘(C) WESTERN HEMISPHERE DEFINED.—
2
In this paragraph, the term ‘Western Hemi-
3
sphere’ means the region of countries that the
4
Secretary of State designates as within the re-
5
sponsibility of the Bureau of Western Hemi-
6
sphere Affairs.’’.
7
8
SEC. 5157. OFFICE OF HAITIAN AFFAIRS.
(a) ESTABLISHMENT.—There is established in the
9 Bureau of Western Hemisphere Affairs of the Department
10 an Office of Haitian Affairs, which shall be headed by a
11 Director.
12
(b) DUTIES.—The Director of the Office of Haitian
13 Affairs shall be responsible for—
14
(1) developing and implementing policy for
15
United States diplomatic, political, economic, hu-
16
manitarian, development, consular, and security en-
17
gagement with the Republic of Haiti;
18
19
(2) leading interagency coordination with respect to such engagement;
20
21
(3) liaising with United States diplomatic and
consular posts in Haiti;
22
(4) representing the Department in bilateral
23
and multilateral settings on matters relating to
24
Haiti; and
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(5) overseeing strategic initiatives of the De-
2
partment related to governance, public safety, inter-
3
nationally recognized human rights, migration, and
4
rule of law in Haiti.
5
SEC. 5158. ASSISTANT SECRETARY FOR EUROPEAN AND
6
7
EURASIAN AFFAIRS.
Section 1(c) of the State Department Basic Authori-
8 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
9 section 5155, is further amended by inserting after para10 graph (12) the following:
11
12
‘‘(13) ASSISTANT SECRETARY FOR EUROPEAN
AND EURASIAN AFFAIRS.—
13
‘‘(A) ESTABLISHMENT.—There shall be in
14
the Department of State an Assistant Secretary
15
for European and Eurasian Affairs who shall be
16
responsible to the Secretary of State, acting
17
through the Under Secretary for Political Af-
18
fairs, for—
19
20
‘‘(i) matters relating to Europe and
Eurasia; and
21
‘‘(ii) such other related duties as the
22
Secretary may from time to time des-
23
ignate.
24
‘‘(B) RESPONSIBILITIES.—In addition to
25
the responsibilities described under subpara-
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graph (A), the Assistant Secretary for Euro-
2
pean and Eurasian Affairs shall maintain con-
3
tinuous observation and coordination of all mat-
4
ters pertaining to implementation of United
5
States foreign policy in Europe and Eurasia.’’.
6
SEC. 5159. BUREAU OF EUROPEAN AND EURASIAN AFFAIRS.
7
Subsection (q) of section 1 of the State Department
8 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
9 added by section 5114 and amended by section 5156, is
10 further amended by adding at the end the following:
11
12
‘‘(9) BUREAU OF EUROPEAN AND EURASIAN
AFFAIRS.—
13
‘‘(A) ESTABLISHMENT.—There shall be in
14
the Department of State a Bureau of European
15
and Eurasian Affairs, which shall perform such
16
functions related to implementation of United
17
States foreign policy to Europe and Eurasia as
18
the Under Secretary for Political Affairs may
19
prescribe.
20
‘‘(B) HEAD.—The Assistant Secretary for
21
European and Eurasian Affairs shall be the
22
head of the Bureau of European and Eurasian
23
Affairs.
24
‘‘(C) DEFINITION.—In this paragraph, the
25
term ‘Europe and Eurasia’ means the region of
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1
countries that the Secretary of State designates
2
as within the responsibility of the Bureau of
3
European and Eurasian Affairs.’’.
4
SEC. 5160. COUNTERING RUSSIAN INFLUENCE FUND UNIT.
5
(a) ESTABLISHMENT.—The Secretary shall establish
6 and maintain a Countering Russian Influence Fund Unit
7 (in this section referred to as the ‘‘CRIF Unit’’) in the
8 Bureau of European and Eurasian Affairs of the Depart9 ment.
10
(b) PERSONNEL.—
11
(1) COMPOSITION.—The CRIF Unit may be
12
comprised of a Director, Deputy Director, and addi-
13
tional staff as appropriate, including a budget ana-
14
lyst, a grant officer, a program assistant, and a
15
monitoring, evaluation, and learning specialist.
16
(2) STAFFING.—The CRIF Unit shall be com-
17
prised of personnel with expertise or experience in
18
performing the following functions:
19
(A) Grants officer.
20
(B) Program assistant.
21
(C) Monitoring, Evaluation, and Learning
22
specialist.
23
(3) DIRECTOR.—The Director of the CRIF
24
Unit shall fulfill the following responsibilities:
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(A) Identify on an annual basis specific
2
strategic priorities for the CRIF Unit con-
3
sistent with United States foreign policy and
4
national security priorities and objectives de-
5
scribed in section 254 of the Countering Rus-
6
sian Influence in Europe and Eurasia Act of
7
2017 (22 U.S.C. 9543).
8
(B) In coordination with the head of the
9
Office of Foreign Assistance and other relevant
10
officials, provide policy guidance, coordinate, se-
11
lect, and approve all CRIF Unit programming,
12
based on criteria that the program directly
13
counters malign activities by the Russian Fed-
14
eration in accordance with the use of funds de-
15
scribed in such section 254.
16
(C) Ensure that all CRIF Unit program-
17
ming advances United States foreign policy and
18
national security interests, including efforts to
19
counter Russian aggression against sovereign
20
countries and other nefarious kinetic and hybrid
21
Russian activities in countries that are United
22
States allies or partners that affect, threaten,
23
or undermine United States interests.
24
(D) Conduct oversight, monitoring, and
25
evaluation of the effectiveness of all CRIF Unit
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programming to ensure that it advances United
2
States foreign policy and national security in-
3
terests and degrades the ability of the Russian
4
Federation or entities acting on the behalf of
5
the Russian Federation to conduct malign influ-
6
ence operations.
7
(E) Ensure, to the maximum extent prac-
8
ticable, that all CRIF Unit programming is car-
9
ried out in coordination with other Federal ac-
10
tivities to counter Russian malign influence.
11
(F) On a quarterly basis, brief the appro-
12
priate congressional committees on the develop-
13
ment of annual strategic priorities and CRIF
14
Unit project selection and implementation.
15
(G) Provide a written list of CRIF Unit
16
projects approved for each fiscal year to the ap-
17
propriate congressional committees.
18
(4) DEPUTY DIRECTOR.—The Deputy Director
19
may have responsibility for policy and programming
20
to assist the Director, particularly with respect to
21
CRIF Unit activities handled by other Federal de-
22
partments or agencies.
23
(5) APPROPRIATE CONGRESSIONAL COMMITTEE
24
DEFINED.—In
25
priate congressional committees’’ means—
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(A) the Committee on Foreign Affairs and
2
the Committee on Appropriations of the House
3
of Representatives; and
4
(B) the Committee on Foreign Relations
5
and the Committee on Appropriations of the
6
Senate.
7
8
(c) MONITORING, EVALUATION, AND LEARNING ACTIVITIES.—The Director of the CRIF Unit may—
9
(1) direct monitoring, evaluation, and learning
10
activities to assess programmatic outcomes, maxi-
11
mize government efficiency, and reduce the risks of
12
fraud and waste;
13
(2) conduct regular research and evaluation of
14
CRIF Unit programs and activities to improve ongo-
15
ing and future activities, including by implementing
16
a process to ensure monitoring, evaluation, and
17
learning results are considered in funding decisions;
18
and
19
(3) make available to Congress the findings of
20
any research or evaluation conducted under para-
21
graph (2).
22
(d) DEFINITION.—In this section, the term ‘‘Russian
23 malign influence’’ means activities by the Russian Federa24 tion or an entity acting on the behalf of the Russian Fed25 eration that—
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(1) advance an alternative, repressive inter-
2
national order that bolsters the hegemonic ambitions
3
of the Russian Federation;
4
(2) utilize covert or overt information oper-
5
ations, corruption, political interference, or economic
6
coercion and dependency to influence the political,
7
military, economic, or other policies of a foreign
8
country and advance the strategic objectives of the
9
Russian Federation;
10
(3) undermine the national security, territorial
11
integrity, or sovereignty of the United States or
12
other country; or
13
(4) undermine the political and economic secu-
14
rity of the United States or other country, including
15
by facilitating corruption or elite capture, distorting
16
markets, and advancing coercive economic practices,
17
including theft of intellectual property, and engaging
18
in malign information operations.
19
(e) TERMINATION.—The CRIF Unit established
20 under this section shall terminate on the date that is four
21 years after the date of the enactment of this Act.
22
SEC. 5161. ASSISTANT SECRETARY FOR INTERNATIONAL
23
24
ORGANIZATION AFFAIRS.
Section 1(c) of the State Department Basic Authori-
25 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
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1 section 5158, is further amended by inserting after para2 graph (13) the following:
3
4
‘‘(14) ASSISTANT
SECRETARY
FOR
INTER-
NATIONAL ORGANIZATION AFFAIRS.—
5
‘‘(A) ESTABLISHMENT.—There shall be in
6
the Department of State an Assistant Secretary
7
for International Organization Affairs, who
8
shall be responsible to the Secretary of State,
9
acting through the Under Secretary for Polit-
10
ical Affairs, for leading and coordinating the
11
development and implementation of United
12
States multilateral policy with respect to inter-
13
national organizations, with a particular empha-
14
sis on matters relating to organizations that are
15
a part of the United Nations system, and such
16
other related duties as the Secretary may from
17
time to time designate.
18
‘‘(B) RESPONSIBILITIES.—In addition to
19
the responsibilities described under subpara-
20
graph (A), the Assistant Secretary for Inter-
21
national Organization Affairs shall maintain
22
continuous observation and coordination of all
23
matters pertaining to the plans and activities of
24
international organizations in the conduct of
25
foreign policy, including, as appropriate—
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‘‘(i) coordinating and collaborating
2
with the United States Mission to the
3
United Nations, as well as relevant func-
4
tional bureaus in the Department, to im-
5
plement United States multilateral policy;
6
‘‘(ii) managing the disbursement and
7
payment of appropriated United States as-
8
sessed and discretionary contributions to
9
the United Nations and international orga-
10
nizations;
11
‘‘(iii) managing the disbursement and
12
payment of appropriated United States as-
13
sessed and discretionary contributions for
14
United Nations peacekeeping operations;
15
‘‘(iv) working with United Nations
16
member states through the United Nations
17
Fifth Committee to seek to reduce the fi-
18
nancial obligation of the United States in
19
the form of assessed contributions to the
20
United Nations;
21
‘‘(v) working with United Nations
22
member states through the United Nations
23
Fifth Committee to seek to reduce the fi-
24
nancial obligation of the United States in
25
the form of assessed contributions in the
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peace operations budget of the United Na-
2
tions; and
3
‘‘(vi) coordinating activities relating to
4
increasing
5
States citizens and the citizens of like-
6
minded countries by international organi-
7
zations, including—
the
employment
of
United
8
‘‘(I) advocating for the employ-
9
ment of United States citizens in all
10
international organizations of which
11
the United States is a member, in-
12
cluding throughout the United Na-
13
tions system;
14
‘‘(II)
coordinating
interagency
15
support for non-United States can-
16
didates for leadership or oversight
17
roles in such international organiza-
18
tions when—
19
‘‘(aa) no United States cit-
20
izen candidate has been nomi-
21
nated for election to such a lead-
22
ership role; and
23
‘‘(bb) providing such sup-
24
port is in the interest of the
25
United States;
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‘‘(III) developing and maintain-
2
ing a publicly accessible database of
3
open positions at such international
4
organizations;
5
‘‘(IV) providing details on how
6
United States citizens may submit ap-
7
plications for such positions;
8
‘‘(V)
communicating
regularly
9
with Members of Congress to solicit
10
the names of qualified candidates for
11
such positions;
12
‘‘(VI) maintaining a comprehen-
13
sive and current list of all United
14
States citizens employed by such
15
international organizations;
16
‘‘(VII)
regularly
reporting
to
17
Congress on the number of such citi-
18
zens and identifying any discrimina-
19
tion, prejudice, or perceived bias
20
against such citizens seeking to secure
21
such employment;
22
‘‘(VIII) coordinating all nomina-
23
tions by the relevant agencies of the
24
Federal Government for election in
25
the United Nations system; and
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‘‘(IX) working to increase the
2
number of Junior Professional Officer
3
positions sponsored by the United
4
States in the United Nations system
5
over the number of such positions so
6
sponsored as of the date of the enact-
7
ment of this Act.’’.
8
SEC. 5162. BUREAU OF INTERNATIONAL ORGANIZATION AF-
9
10
FAIRS.
Subsection (q) of section 1 of the State Department
11 Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
12 added by section 5114 and amended by section 5159, is
13 further amended by adding at the end the following:
14
15
‘‘(10) BUREAU OF INTERNATIONAL ORGANIZATION AFFAIRS.—
16
‘‘(A) ESTABLISHMENT.—There shall be in
17
the Department of State a Bureau of Inter-
18
national Organization Affairs which shall per-
19
form such functions related to multilateral di-
20
plomacy in international organizations as the
21
Under Secretary for Political Affairs may pre-
22
scribe.
23
‘‘(B) HEAD.—The Assistant Secretary for
24
International Organization Affairs shall be the
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1
head of the Bureau of International Organiza-
2
tion Affairs.
3
‘‘(C) RESPONSIBILITIES.—The Bureau of
4
International Organization Affairs is authorized
5
to lead, coordinate, develop, and implement pol-
6
icy for the United States in line with United
7
States strategic interests, to be executed in
8
international organizations, including providing
9
guidance and support for activities related to—
10
‘‘(i) United States participation in
11
international organizations;
12
‘‘(ii) peacekeeping;
13
‘‘(iii) multilateral humanitarian oper-
14
ations, internationally recognized human
15
rights, economic and social affairs, and
16
international development;
17
‘‘(iv) United States participation in
18
technical and specialized United Nations
19
agencies; and
20
‘‘(v) United States citizen employment
21
in international organizations.
22
‘‘(D) COORDINATION.—All other bureaus
23
of the Department of State shall coordinate, as
24
appropriate, with the Bureau of International
25
Organization Affairs on all matters arising
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1
within those bureaus that relate to international
2
organizations.’’.
3
Subtitle D—Other Matters
4
SEC. 5171. PERIODIC BRIEFINGS FROM BUREAU OF INTEL-
5
6
LIGENCE AND RESEARCH.
(a) IN GENERAL.—The Secretary shall offer to the
7 appropriate congressional committees regular, quarterly
8 briefings by the Bureau of Intelligence and Research, in
9 coordination with other bureaus as appropriate, on—
10
11
(1) any topic requested by one or more of the
appropriate congressional committees;
12
13
(2) any topic of current importance to the national security of the United States; and
14
(3) any other topic the Secretary considers nec-
15
essary.
16
(b) LOCATION.—The briefings required under sub-
17 section (a) shall be held at a secure facility that is suitable
18 for review of information that is classified at the level of
19 ‘‘Top Secret/SCI’’.
20
(c) NO LIMITATION ON OTHER BRIEFINGS.—Any
21 briefings pursuant to subsection (a) shall be in addition
22 to any briefings provided to the appropriate congressional
23 committees, the Select Committee on Intelligence of the
24 Senate, and the Permanent Select Committee on Intel25 ligence of the House of Representatives. Nothing in this
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1 section shall be construed to limit the provision of any
2 other briefings to the committees described in this sub3 section.
4
5
SEC. 5172. SUPPORT FOR CONGRESSIONAL DELEGATIONS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
6 gress that—
7
(1) congressional travel is essential to fostering
8
international relations, understanding global issues
9
first-hand, and jointly advancing United States in-
10
terests abroad; and
11
(2) only in close coordination and thanks to the
12
dedication of personnel at United States embassies,
13
consulates, and other missions abroad can the suc-
14
cess of these vital trips be possible.
15
(b) IN GENERAL.—Consistent with applicable laws
16 and the Secretary’s security responsibilities, the Secretary
17 shall reaffirm to all diplomatic posts the importance of
18 congressional travel and shall direct all such posts to sup19 port congressional travel by members and staff of the ap20 propriate congressional committees, when authorized by
21 applicable congressional travel procedures to include the
22 congressional authorization letter and congressional travel
23 legislation and policies. The Secretary shall reaffirm the
24 Department’s policies to support such travel by members
25 and staff of the appropriate congressional committees, by
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1 making such support available on any day of the week,
2 including Federal and local holidays when required to
3 complete congressional responsibilities and, to the extent
4 practical, requiring the direct involvement of mid-level or
5 senior officers.
6
(c) EXCEPTION FOR SIMULTANEOUS HIGH-LEVEL
7 VISITS.—The requirement under subsection (b) does not
8 apply in the case of a simultaneous visit from the Presi9 dent, the First Lady or First Gentleman, the Vice Presi10 dent, the Secretary, or the Secretary of Defense.
11
(d) TRAINING.—The Secretary shall require all des-
12 ignated control officers to have been trained on supporting
13 congressional travel at posts abroad prior to the assigned
14 congressional visit.
15
SEC. 5173. NOTIFICATION REQUIREMENTS FOR AUTHOR-
16
IZED AND ORDERED DEPARTURES.
17
(a) DEPARTURES REPORT.—
18
(1) IN GENERAL.—Not later than 180 days
19
after the date of the enactment of this Act, the Sec-
20
retary shall submit a report to the appropriate con-
21
gressional committees listing every instance that an
22
authorized or ordered departure was issued for the
23
five-year period preceding the date of the enactment
24
of this Act.
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1
2
(2) CONTENTS.—The Secretary shall include in
the report required under paragraph (1)—
3
(A) the name of the post and the date of
4
the approval of the authorized or ordered de-
5
parture;
6
(B) the basis for the authorized or ordered
7
departure; and
8
(C) the number of chief of mission per-
9
sonnel that departed, categorized by agency, as
10
well as their eligible family members, if avail-
11
able.
12
13
(b)
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENT.—Any instance of an authorized or ordered depar-
14 ture shall be notified to appropriate congressional commit15 tees not later than three days after the Secretary author16 ized an authorized or ordered departure. The details in
17 the notification shall include—
18
19
(1) the information described in subsection
(a)(2);
20
21
(2) the mode of travel for chief of mission personnel who departed;
22
(3) the estimated cost of the authorized or or-
23
dered departure, including travel and per diem costs;
24
and
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1
(4) the destination of all departed personnel
2
and changes to their work activities due to the de-
3
parture.
4
(c) ESTABLISHMENT OF A DATABASE.—Not later
5 than two years after the date of the enactment of this Act,
6 the Secretary shall establish a database with the informa7 tion required by subsections (a)(2) and (b) and shall make
8 such database available on a regular basis to the appro9 priate congressional committees.
10
(d) TERMINATION.—The congressional notification
11 requirement under this section shall terminate following
12 the establishment of the database required by subsection
13 (c).
14
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
15
FINED.—In this section, the term ‘‘appropriate congres-
16 sional committees’’ means—
17
(1) the Committee on Foreign Affairs and the
18
Committee on Appropriations of the House of Rep-
19
resentatives; and
20
21
22
23
(2) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
SEC. 5174. STRENGTHENING ENTERPRISE GOVERNANCE.
(a) ORGANIZATION.—The Chief Information Officer
24 and the Chief Data and Artificial Intelligence Officer of
25 the Department should work collaboratively on strength-
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1 ening enterprise governance of the Department and report
2 directly to the Deputy Secretary.
3
(b) ADJUDICATION OF UNRESOLVED BUDGET AND
4 MANAGEMENT DECISIONS.—Adjudication of unresolved
5 budget and management decisions should be made by the
6 Deputy Secretary.
7
SEC. 5175. ESTABLISHING AND EXPANDING THE REGIONAL
8
9
CHINA OFFICER PROGRAM.
(a) IN GENERAL.—There is authorized to be estab-
10 lished at the Department a Regional China Officer (RCO)
11 program to support regional posts and officers with re12 porting, information, convening, and policy tools, and to
13 enhance expertise related to strategic competition with the
14 People’s Republic of China.
15
(b) AUTHORIZATION.—There is authorized to be ap-
16 propriated to the Secretary $5,000,000 for each of fiscal
17 years 2026 through 2029 to the Department to expand
18 the RCO program, including for—
19
(1) one Director;
20
(2) locally employed staff to support Regional
21
China Officers serving abroad; and
22
(3) not fewer than 20 forward-deployed Foreign
23
Service Officers assigned to United States diplo-
24
matic or consular posts or detailed to the foreign
25
ministry of an ally, to be known as Regional China
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1
Officers (in this section referred to as ‘‘RCOs’’), who
2
shall be responsible for—
3
(A) monitoring and reporting on activities
4
of the People’s Republic of China (PRC) in the
5
region of his or her responsibility, including in
6
the commercial, development, finance, critical
7
infrastructure, technology, and military do-
8
mains, including projects associated with the
9
PRC’s Belt and Road Initiative, Global Security
10
Initiative, and Global Development Initiative;
11
and
12
(B) advising and sharing knowledge with
13
United States embassy personnel, diplomatic al-
14
lies and partners, and host countries on PRC
15
activities locally, regionally, and globally.
16
(c) DIRECTOR.—Not later than 90 days after the
17 date of the enactment of this Act, the Secretary shall ap18 point a Director to oversee the RCO program from among
19 career members of the Foreign Service.
20
(d) LIMITATION ON POSITION.—The establishment of
21 the position of the Director of the RCO program pursuant
22 to subsection (c) shall not result in an increase in the over23 all full-time equivalent positions within the Department.
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1
(e) RESPONSIBILITIES.—The Director shall be re-
2 sponsible for coordinating and overseeing the activities of
3 RCOs in order to—
4
(1) improve United States monitoring and re-
5
sponsiveness to activities, strategies and tactics of
6
the PRC that undermine United States interests;
7
(2) ensure that RCO program activities are
8
aligned with United States strategic interests and
9
priorities for strategic competition with the PRC;
10
(3) oversee RCO program activities, including
11
the development of standardized monitoring, evalua-
12
tion, and learning metrics that inform effective
13
United States Government responses to PRC activi-
14
ties;
15
(4) identify gaps in United States engagements
16
regarding PRC cross-cutting activities that impact
17
United States interests; and
18
(5) manage hiring for RCO positions, including
19
individuals with the appropriate proficiency in Man-
20
darin.
21
(f) REGIONAL CHINA OFFICERS.—
22
(1) QUALIFICATIONS.—The Secretary shall se-
23
lect and assign RCOs from among Foreign Service
24
Officers who have expertise related to the PRC, in-
25
cluding in the forms of prior experience working in
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1
or on the PRC, Taiwan, and Hong Kong, and pro-
2
ficiency in Mandarin language.
3
(2) GEOGRAPHIC
PLACEMENT.—Of
the total
4
number of RCOs in the Unit, there shall be no fewer
5
than two Regional China Officers assigned to United
6
States diplomatic posts associated with each of the
7
following bureaus of the Department:
8
(A) The Bureau of African Affairs.
9
(B) The Bureau of East Asian and Pacific
10
Affairs.
11
(C) The Bureau of European and Eur-
12
asian Affairs.
13
(D) The Bureau of International Organiza-
14
tion Affairs.
15
(E) The Bureau of Near Eastern Affairs.
16
(F) The Bureau of South and Central
17
Asian Affairs.
18
(G) The Bureau of Western Hemisphere
19
20
Affairs.
(g) SUNSET PROVISION.—The requirement to main-
21 tain the Regional China Officer Program under subsection
22 (a) shall expire on the date that is five years after the
23 date of the enactment of this Act.
24
(h) ALLY DEFINED.—In this section, the term ‘‘ally’’
25 means—
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1
2
(1) a member country of the North Atlantic
Treaty Organization; or
3
(2) a country designated as a major non-NATO
4
ally pursuant to the authorities provided by section
5
517 of the Foreign Assistance Act of 1961 (22
6
U.S.C. 2321k).
7
8
SEC. 5176. REPORT ON CHINA’S DIPLOMATIC POSTS.
(a) IN GENERAL.—Not later than 90 days after the
9 date of the enactment of this Act, and biennially thereafter
10 for the next five years, the Secretary shall submit to ap11 propriate congressional committees a report on the diplo12 matic presence of the People’s Republic of China world13 wide and how that presence compares to the diplomatic
14 presence of the United States, including—
15
(1) the number of diplomatic posts currently
16
maintained by People’s Republic of China and the
17
United States in each country; and
18
(2) the estimated number of diplomatic per-
19
sonnel of the People’s Republic of China and the
20
United States stationed abroad in each country.
21
(b) DEFINITIONS.—In this section:
22
(1)
APPROPRIATE
COMMITTEES
OF
CON-
23
GRESS.—The term ‘‘appropriate congressional com-
24
mittees’’ means—
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1
(A) the Committee on Foreign Affairs, the
2
Committee on Armed Services, the Committee
3
on Appropriations, and the Permanent Select
4
Committee on Intelligence of the House of Rep-
5
resentatives; and
6
(B) the Committee on Foreign Relations,
7
the Committee on Armed Services, the Com-
8
mittee on Appropriations, and the Select Com-
9
mittee on Intelligence of the Senate.
10
(2) DIPLOMATIC POST.—The term ‘‘diplomatic
11
post’’, with respect to the United States, does not
12
include a post to which only personnel of agencies
13
other than the Department are assigned.
14
SEC. 5177. NOTIFICATION OF INTENT TO REDUCE PER-
15
16
SONNEL AT COVERED DIPLOMATIC POSTS.
(a) IN GENERAL.—Except as provided in subsection
17 (b), not later than 30 days before the date on which the
18 Secretary carries out a reduction in United States Foreign
19 Service personnel of at least 10 percent at a covered diplo20 matic post, the Secretary shall submit to the appropriate
21 congressional committees a notification of the intent to
22 carry out such a reduction, which shall include a certifi23 cation by the Secretary that such reduction will not nega24 tively impact the ability of the United States to compete
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1 with the People’s Republic of China, the Islamic Republic
2 of Iran, or the Russian Federation.
3
(b) EXCEPTION.—Subsection (a) shall not apply in
4 the case of a security risk to personnel at a covered diplo5 matic post.
6
(c) DEFINITIONS.—In this section—
7
8
(1) the term ‘‘appropriate congressional committees’’ means—
9
(A) the Committee on Foreign Affairs and
10
the Committee on Appropriations of the House
11
of Representatives; and
12
(B) the Committee on Foreign Relations
13
and the Committee on Appropriations of the
14
Senate; and
15
(2) the term ‘‘covered diplomatic post’’ means
16
a United States diplomatic post in a country in
17
which the People’s Republic of China, the Islamic
18
Republic of Iran, or the Russian Federation also
19
have a diplomatic post.
20
21
SEC. 5178. FOREIGN AFFAIRS MANUAL CHANGES.
Section 5318(c)(1) of the Department of State Au-
22 thorization Act of 2021 (22 U.S.C. 2658a(c)(1)) is
23 amended by striking ‘‘5 years’’ and inserting ‘‘8 years’’.
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2
TITLE II—WORKFORCE
MATTERS
3
SEC. 5201. REPORT ON VETTING OF FOREIGN SERVICE IN-
1
4
STITUTE LANGUAGE INSTRUCTORS.
5
Not later than 120 days after the date of the enact-
6 ment of this Act, the Secretary shall submit to the appro7 priate congressional committees a report on the execution
8 of requirements under section 6116 of the Department of
9 State Authorization Act of Fiscal Year 2023 (22 U.S.C.
10 4030) that includes—
11
12
(1) a description of all steps taken to date to
carry out that section;
13
(2) a detailed explanation of the suitability or
14
fitness reviews, background investigations, and post-
15
employment vetting, as applicable, of relevant For-
16
eign Service Institute instructors who provide lan-
17
guage instructions; and
18
19
20
21
(3) a description of planned additional steps required to carry out such section.
SEC. 5202. TRAINING LIMITATIONS.
The Department shall require the approval of the
22 Secretary for eliminations of long-term training assign23 ments.
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SEC. 5203. LANGUAGE INCENTIVE PAY FOR CIVIL SERVICE
2
3
EMPLOYEES.
The Secretary may provide special monetary incen-
4 tives to acquire or retain proficiency in foreign languages
5 to civil service employees who serve in domestic positions
6 requiring critical language skills that are located in the
7 50 United States, the District of Columbia, and non-for8 eign areas (the Commonwealth of Puerto Rico, the Com9 monwealth of the Northern Mariana Islands, and other
10 United States territories and possessions). The amounts
11 of such incentives should be similar to the language incen12 tive pay provided to members of the Foreign Service pur13 suant to section 704(b)(3) of the Foreign Service Act of
14 1980 (22 U.S.C. 4024(b)(3)), as amended by section
15 5206.
16
17
SEC. 5204. OPTIONS FOR COMPREHENSIVE EVALUATIONS.
(a) IN GENERAL.—The Secretary shall assess options
18 for integrating 360-degree reviews in personnel files for
19 promotion panel consideration.
20
(b) EVALUATION SYSTEMS.—The assessment re-
21 quired by subsection (a) shall include—
22
(1) one or more options to integrate 360-degree
23
reviews, references, or evaluations by superiors,
24
peers, and subordinates, including consideration of
25
automated reference requests; and
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1
(2) other modifications or systems the Sec-
2
retary considers relevant.
3
(c) REPORT.—Not later than 180 days after the date
4 of the enactment of this Act, the Secretary shall submit
5 a report to the appropriate congressional committees on
6 the assessment required by subsection (a) that shall de7 scribe, with respect to each evaluation system included—
8
(1) any legal constraints or considerations;
9
(2) the timeline required for implementation;
10
(3) any starting and recurring costs in compari-
11
son to current processes;
12
13
(4) the likely or potential implications for promotion decisions and trends; and
14
15
16
(5) the impact on meeting the personnel needs
of the Foreign Service.
SEC. 5205. JOB SHARE AND PART-TIME EMPLOYMENT OP-
17
18
PORTUNITIES.
(a) IN GENERAL.—The Secretary shall establish and
19 publish a Department policy on job share and part-time
20 employment opportunities. The policy shall include a tem21 plate for job-sharing arrangements, a database of job
22 share and part-time employment opportunities, and a
23 point of contact in the Bureau of Human Resources.
24
(b) WORKPLACE FLEXIBILITY TRAINING.—The Sec-
25 retary shall incorporate training on workplace flexibility,
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1 including the availability of job share and part-time em2 ployment opportunities, into employee onboarding.
3
(c) ANNUAL REPORT.—Not later than 180 days after
4 the date of the enactment of this Act, and annually there5 after for three years, the Secretary shall submit to the
6 appropriate congressional committees a report on work7 place flexibility at the Department, including data on the
8 number of employees utilizing job share or part-time em9 ployment arrangements.
10
(d) EXCEPTION FOR THE BUREAU OF INTELLIGENCE
11
AND RESEARCH.—The policy described in subsection (a)
12 shall not apply to officers and employees of the Bureau
13 of Intelligence and Research.
14
SEC. 5206. PROMOTING REUTILIZATION OF LANGUAGE
15
SKILLS IN THE FOREIGN SERVICE.
16
(a) SENSE OF CONGRESS.—It is the sense of Con-
17 gress that—
18
(1) foreign language skills are essential to effec-
19
tive diplomacy, particularly in high-priority posi-
20
tions, such as Chinese- and Russian-language des-
21
ignated positions focused on the People’s Republic of
22
China and Russia;
23
(2) reutilization of acquired language skills cre-
24
ates efficiencies through the reduction of language
25
training overall and increases regional expertise;
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1
(3) often, investments in language skills are not
2
sufficiently utilized and maintained throughout the
3
careers of members of the Foreign Service following
4
an initial assignment after language training;
5
(4) providing incentives or requirements to se-
6
lect ‘‘out-year bidders’’ for priority language-des-
7
ignated assignments would decrease training costs
8
overall and encourage more expertise in relevant pri-
9
ority areas; and
10
(5) incentives for members of the Foreign Serv-
11
ice to not only acquire and retain, but reuse, foreign
12
language skills in priority assignments would reduce
13
training costs in terms of both time and money and
14
increase regional expertise to improve abilities in
15
those areas deemed high priority by the Secretary.
16
(b)
INCENTIVES
TO
REUTILIZE
LANGUAGE
17 SKILLS.—Section 704(b)(3) of the Foreign Service Act of
18 1980 (22 U.S.C. 4024(b)(3)) is amended by inserting
19 ‘‘and reutilize’’ after ‘‘to acquire or retain proficiency in’’.
TITLE III—INFORMATION SECU21
RITY AND CYBER DIPLOMACY
20
22
23
SEC. 5301. POST DATA PILOT PROGRAM.
(a) POST DATA AND AI PILOT PROGRAM.—
24
(1) ESTABLISHMENT.—The Secretary is au-
25
thorized to establish a program, which shall be
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1
known as the ‘‘Post Data Program’’ (referred to in
2
this section as the ‘‘Program’’), that shall be over-
3
seen by the Department’s Chief Data and Artificial
4
Intelligence Officer.
5
6
(2) GOALS.—The goals of the Program shall include the following:
7
(A) Cultivating a data and artificial intel-
8
ligence culture at diplomatic posts globally, in-
9
cluding data fluency and data collaboration.
10
(B) Promoting data integration with De-
11
partment of State Headquarters.
12
(C) Creating operational efficiencies, sup-
13
porting innovation, and enhancing mission im-
14
pact.
15
(b) IMPLEMENTATION PLAN.—
16
(1) IN GENERAL.—Not later than 180 days
17
after the date of the enactment of this Act, the Sec-
18
retary shall submit to the appropriate congressional
19
committees an implementation plan that outlines
20
strategies for—
21
22
(A) advancing the goals described in subsection (a)(2);
23
(B) hiring data and artificial intelligence
24
officers at United States diplomatic posts; and
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1
(C) allocation of necessary resources to
2
sustain the Program.
3
(2) ANNUAL REPORTING REQUIREMENT.—Not
4
later than 180 days after the date of the enactment
5
of this Act, and annually thereafter for the following
6
three years, the Secretary shall submit a report to
7
the appropriate congressional committees regarding
8
the status of the implementation plan required
9
under paragraph (1).
10
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
11
FINED.—In this section, the term ‘‘appropriate congres-
12 sional committees’’ means—
13
(1) the Committee on Foreign Affairs and the
14
Committee on Appropriations of the House of Rep-
15
resentatives; and
16
(2) the Committee on Foreign Relations and
17
the Committee on Appropriations of the Senate.
18
SEC. 5302. AUTHORIZATION TO USE COMMERCIAL CLOUD
19
20
ENCLAVES OVERSEAS.
(a) IN GENERAL.—Not later than 180 days after the
21 date of the enactment of this Act, the Department shall
22 issue internal guidelines that authorize and track the use
23 of enclaves deployed in overseas commercial cloud regions
24 for OCONUS systems categorized at the Federal Informa25 tion Security Modernization Act (FISMA) high baseline.
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(b) CONSISTENCY WITH FEDERAL CYBERSECURITY
2 REGULATIONS.—The enclave deployments shall be con3 sistent with existing Federal cybersecurity regulations as
4 well as best practices established across National Institute
5 of Standards and Technology standards and ISO 27000
6 security controls.
7
(c) BRIEFING.— Not later than 90 days after the en-
8 actment of the Act, and before issuing the new internal
9 guidelines required under subsection (a), the Secretary
10 shall brief the appropriate congressional committees on
11 the proposed new guidelines, including—
12
(1) relevant risk assessments; and
13
(2) any security challenges regarding implemen-
14
tation.
15
(d) APPROPRIATE CONGRESSIONAL DEFINED.—In
16 this section, the term ‘‘appropriate congressional commit17 tees’’ means—
18
(1) the Committee on Foreign Affairs and the
19
Permanent Select Committee on Intelligence of the
20
House of Representatives; and
21
(2) the Committee on Foreign Relations and
22
the Select Committee on Intelligence of the Senate.
23
SEC. 5303. REPORTS ON TECHNOLOGY TRANSFORMATION
24
PROJECTS AT THE DEPARTMENT.
25
(a) DEFINITIONS.—In this section:
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(1) APPROPRIATE
2
TEES.—The
3
mittees’’ means—
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
4
(A) the Committee on Foreign Affairs and
5
the Committee on Appropriations of the House
6
of Representatives; and
7
(B) the Committee on Foreign Relations
8
and the Committee on Appropriations of the
9
Senate.
10
(2) TECHNOLOGY.—The term ‘‘technology’’ in-
11
cludes—
12
(A) artificial intelligence and machine
13
learning systems;
14
(B) cybersecurity modernization tools or
15
platforms;
16
(C) cloud computing services and infra-
17
structure;
18
(D) enterprise data platforms and ana-
19
lytics tools;
20
(E) customer experience platforms for pub-
21
lic-facing services; and
22
(F) internal workflow automation or mod-
23
ernization systems.
24
(3)
25
PROJECT.—
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TRANSFORMATION
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(A) IN GENERAL.—The term ‘‘technology
2
transformation project’’ means any new or sig-
3
nificantly modified technology deployed by the
4
Department with the purpose of improving dip-
5
lomatic, consular, administrative, or security
6
operations.
7
(B) EXCLUSIONS.—The term ‘‘technology
8
transformation project’’ does not include a rou-
9
tine software update or version upgrade, a secu-
10
rity patch or maintenance of an existing sys-
11
tem, a minor configuration change, a business-
12
as-usual information technology operation, a
13
support activity, or a project that costs less
14
than $1,000,000.
15
(b) ANNUAL REPORT.—
16
(1) IN GENERAL.—Not later than 180 days
17
after the date of the enactment of this Act, and an-
18
nually thereafter for five years, the Secretary shall
19
submit to the appropriate congressional committees
20
a report on all technology transformation projects
21
completed during the preceding two fiscal years.
22
(2) ELEMENTS.—Each report required by para-
23
graph (1) shall include the following elements:
24
(A) For each project, the following:
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2
(i) A summary of the objective, scope,
and operational context of the project.
3
(ii) An identification of the primary
4
technologies and vendors used, including
5
artificial intelligence models, cloud pro-
6
viders, cybersecurity platforms, and major
7
software components.
8
(iii) A report on baseline and post-im-
9
plementation performance and adoption
10
metrics for the project, including (if appli-
11
cable) with respect to—
12
(I) operational efficiency, such as
13
reductions in processing time, staff
14
hours, or error rates;
15
(II) user impact, such as im-
16
provements in end-user satisfaction
17
scores and reliability;
18
(III) security posture, such as
19
enhancements in threat detection, in-
20
cident response time;
21
(IV) cost performance, including
22
budgeted costs versus actual costs and
23
projected cost savings or cost avoid-
24
ance;
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(V) interoperability and integra-
2
tion, including level of integration
3
achieved with existing systems of the
4
Department;
5
(VI) artificial intelligence, if ap-
6
plicable; and
7
(VII) adoption, including, if ap-
8
plicable—
9
(aa) an estimate of the per-
10
centage of eligible end-users ac-
11
tively using the system within the
12
first three, six, and 12 months of
13
deployment;
14
(bb) the proportion of staff
15
trained to use the system;
16
(cc) the frequency and dura-
17
tion of use, disaggregated by bu-
18
reau or geographic region if rel-
19
evant;
20
(dd) summarized user feed-
21
back, including pain points and
22
satisfaction ratings; and
23
(ee) a description of the sta-
24
tus of deprecation or reduction in
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use of legacy systems, if applica-
2
ble.
3
(iv) A description of key challenges
4
encountered during implementation and
5
any mitigation strategies employed.
6
(v) A summary of contracting or ac-
7
quisition strategies used, including infor-
8
mation on how the vendor or development
9
team supported change management and
10
adoption, including user testing, stake-
11
holder engagement, and phased rollout.
12
(B) For any project where adoption
13
metrics fell below 50 percent of estimated usage
14
within six months of launch, the following:
15
(i) A remediation plan with specific
16
steps to improve adoption, including re-
17
training, user experience improvements, or
18
outreach.
19
(ii) An assessment of whether rollout
20
should be paused or modified.
21
(iii) Any plans for iterative develop-
22
ment based on feedback from employees.
23
(3) PUBLIC SUMMARY.—Not later than 60 days
24
after submitting a report required by paragraph (1)
25
to the appropriate congressional committees, the
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Secretary shall publish an unclassified summary of
2
the report on the publicly accessible website of the
3
Department, consistent with national security inter-
4
ests.
5
(c) GOVERNMENT ACCOUNTABILITY OFFICE EVAL-
6
UATION.—Not later than 18 months after the date of the
7 enactment of this Act, and biennially thereafter, the
8 Comptroller General of the United States shall submit to
9 the appropriate congressional committees a report—
10
(1) evaluating—
11
(A) the extent to which the Department
12
has implemented and reported on technology
13
transformation projects in accordance with the
14
requirements under this section;
15
(B) the effectiveness and reliability of the
16
Department’s
17
metrics for such projects;
performance
and
adoption
18
(C) whether such projects have met in-
19
tended goals related to operational efficiency,
20
security, cost-effectiveness, user adoption, and
21
modernization of legacy systems; and
22
(D) the adequacy of oversight mechanisms
23
in place to ensure the responsible deployment of
24
artificial intelligence and other emerging tech-
25
nologies; and
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(2) including any recommendations to improve
2
the Department’s management, implementation, or
3
evaluation of technology transformation efforts.
4
5
SEC. 5304. COMMERCIAL SPYWARE.
(a) SENSE OF CONGRESS.—It is the sense of Con-
6 gress that—
7
(1) there is a national security need for the le-
8
gitimate and responsible procurement and applica-
9
tion of cyber intrusion capabilities, including efforts
10
related to counterterrorism, counternarcotics, and
11
countertrafficking;
12
(2) the growing commercial market for sophisti-
13
cated cyber intrusion capabilities has enhanced state
14
and non-state actors’ abilities to target and track for
15
nefarious purposes individuals, such as journalists,
16
defenders
17
rights, members of civil society groups, members of
18
ethnic or religious minority groups, and others for
19
exercising their internationally recognized human
20
rights and fundamental freedoms, or the family
21
members of these targeted individuals;
of
internationally
recognized
human
22
(3) the proliferation of commercial spyware pre-
23
sents significant and growing risks to United States
24
national security, including to the safety and secu-
25
rity of United States Government personnel; and
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(4) ease of access into and lack of transparency
2
in the commercial spyware market raises the prob-
3
ability of spreading potentially destructive or disrup-
4
tive cyber capabilities to a wider range of malicious
5
actors.
6
(b) STATEMENT OF POLICY.—It is the policy of the
7 United States—
8
(1) to oppose the misuse of commercial spyware
9
to target individuals, including journalists, defenders
10
of internationally recognized human rights, and
11
members of civil society groups, members of ethnic
12
or religious minority groups, and others for exer-
13
cising their internationally recognized human rights
14
and fundamental freedoms, or the family members
15
of these targeted individuals;
16
(2) to coordinate with allies and partners to
17
prevent the export of commercial spyware tools to
18
end-users likely to use them for malicious activities;
19
(3) to maintain robust information-sharing with
20
trusted allies and partners on commercial spyware
21
proliferation and misuse, including to better identify
22
and track these tools;
23
(4) to work with private industry to identify
24
and counter the abuse and misuse of commercial
25
spyware technology; and
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(5) to work with allies and partners to establish
2
robust guardrails to ensure that the use of commer-
3
cial spyware tools are consistent with respect for
4
internationally recognized human rights, and the
5
rule of law.
6
7
TITLE IV—PUBLIC DIPLOMACY
SEC. 5401. UNDER SECRETARY FOR PUBLIC DIPLOMACY.
8
Section 1(b)(3) of the State Department Basic Au-
9 thorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is amend10 ed—
11
12
(1) in the first sentence of the matter preceding
subparagraph (A)—
13
(A) by striking ‘‘United States’’ before
14
‘‘public diplomacy’’; and
15
(B) by striking ‘‘, information, and inter-
16
national broadcasting’’;
17
(2) in subparagraph (E), by striking ‘‘and’’ at
18
the end;
19
(3) in subparagraph (F)(v), by striking the pe-
20
riod at the end and inserting a semicolon; and
21
(4) by adding at the end the following:
22
23
‘‘(G) lead and direct public diplomacy activities;
24
‘‘(H) lead, synchronize, and coordinate ef-
25
forts to recognize, understand, expose, and
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counter foreign information manipulation and
2
malign activities, including through efforts to
3
limit the foreign propaganda and disinformation
4
efforts of adversaries, and coordinate those ef-
5
forts across Federal departments and agencies;
6
‘‘(I) support global access to free informa-
7
tion and internet freedom, in coordination with
8
other relevant bureaus, in countries where the
9
government has limited access to free and open
10
internet by restricting access to internet brows-
11
ers, websites, or other means of accessing the
12
internet;
13
14
‘‘(J) oppose censorship by foreign adversaries;
15
‘‘(K) ensure implementation of the annual
16
strategic plan for public diplomacy in collabora-
17
tion with overseas posts and regional and func-
18
tional bureaus of the Department;
19
‘‘(L) serve as chair of interagency meet-
20
ings on public diplomacy to align messaging,
21
and lead and coordinate with members of the
22
Group of Seven;
23
‘‘(M) ensure that educational and cultural
24
affairs programming shall be nonpolitical in
25
character and shall be balanced and representa-
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tive of the diversity of American political, social,
2
and cultural life and that academic and cultural
3
programs maintain scholarly integrity and meet
4
the highest standards of academic excellence or
5
artistic achievement;
6
‘‘(N) support non-state actors abroad, in-
7
cluding independent media and civil society
8
groups, that are working to expose and counter
9
foreign malign influence narratives, tactics, and
10
techniques, including those originating in the
11
Russian Federation, the People’s Republic of
12
China, North Korea, or Iran; and
13
‘‘(O) ensure the Department does not fund
14
organizations engaging in partisan political ac-
15
tivity in the United States.’’.
16
SEC. 5402. ASSISTANT SECRETARY FOR EDUCATIONAL AND
17
18
CULTURAL AFFAIRS.
Section 1(c) of the State Department Basic Authori-
19 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
20 section 5162, is further amended by inserting after para21 graph (14) the following:
22
23
‘‘(15)
ASSISTANT
SECRETARY
FOR
EDU-
CATIONAL AND CULTURAL AFFAIRS.—
24
‘‘(A) ESTABLISHMENT.—There shall be in
25
the Department of State an Assistant Secretary
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for Educational and Cultural Affairs who shall
2
be responsible to the Secretary of State, acting
3
through the Under Secretary for Public Diplo-
4
macy, for matters described in section 112 of
5
the Mutual Educational and Cultural Exchange
6
Act of 1961 (22 U.S.C. 2460), and other rel-
7
evant matters pertaining to the development,
8
implementation, and oversight of all edu-
9
cational, cultural, and professional exchange
10
programs, as well as related initiatives and ac-
11
tivities, and such other related duties as the
12
Secretary may from time to time designate.
13
‘‘(B) RESPONSIBILITIES.—In addition to
14
the responsibilities described under subpara-
15
graph (A), the Assistant Secretary for Edu-
16
cational and Cultural Affairs shall be respon-
17
sible for—
18
‘‘(i) aligning exchange programming
19
with broader global public diplomacy plan-
20
ning when consistent with the purposes of
21
such exchange programing; and
22
‘‘(ii) ensuring clear foreign policy out-
23
comes in accordance with the objectives
24
and requirements described in the Mutual
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Educational and Cultural Exchange Act of
2
1961.’’.
3
SEC. 5403. BUREAU OF EDUCATIONAL AND CULTURAL AF-
4
5
FAIRS.
(a) ESTABLISHMENT.—There shall be in the Depart-
6 ment a Bureau of Educational and Cultural Affairs de7 scribed in section 112 of the Mutual Educational and Cul8 tural Exchange Act of 1961 (22 U.S.C. 2460), which shall
9 be responsible for the functions described in such section
10 and such other relevant functions related to academic, cul11 tural, and professional exchanges as the Under Secretary
12 for Public Diplomacy may prescribe.
13
(b) HEAD OF BUREAU.—The Assistant Secretary for
14 Educational and Cultural Affairs shall be the head of the
15 Bureau of Educational and Cultural Affairs.
16
SEC. 5404. FOREIGN INFORMATION MANIPULATION AND IN-
17
18
TERFERENCE STRATEGY.
(a) IN GENERAL.—Not later than 90 days after the
19 date of the enactment of this Act, the Secretary, in con20 sultation with the heads of other relevant Federal depart21 ments and agencies, shall submit to the appropriate con22 gressional committees a comprehensive strategy to combat
23 foreign information manipulation and interference.
24
(b) ELEMENTS.—The strategy required by subsection
25 (a) shall include the following elements:
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(1) Conducting analysis of foreign state and
2
non-state actors’ foreign malign influence narratives,
3
tactics, and techniques, including those originating
4
from United States nation-state adversaries, includ-
5
ing the Russian Federation, the People’s Republic of
6
China, North Korea, and Iran.
7
(2) Working together with allies and partners
8
to expose and counter foreign malign influence nar-
9
ratives, tactics, and techniques, as well as to counter
10
censorship, including those originating in the Rus-
11
sian Federation, the People’s Republic of China,
12
North Korea, and Iran.
13
(3) Supporting non-state actors abroad, includ-
14
ing independent media and civil society groups,
15
which are working to expose and counter foreign
16
malign influence narratives, tactics, and techniques,
17
including those originating in the Russian Federa-
18
tion, the People’s Republic of China, North Korea,
19
and Iran.
20
(4) Coordinating efforts to expose and counter
21
foreign information manipulation and interference
22
across Federal departments and agencies.
23
24
(5) Protecting the First Amendment rights of
United States citizens.
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(6) Creating guardrails to ensure the Depart-
2
ment does not provide grants to organizations en-
3
gaging in partisan political activity in the United
4
States.
5
(c) COORDINATION.—The strategy required by sub-
6 section (a) shall be led and implemented by the Under Sec7 retary for Public Diplomacy in coordination with relevant
8 bureaus and offices at the Department.
9
(d) REPORT.—Not later than 30 days after the date
10 of the enactment of this Act, the Secretary shall submit
11 to the appropriate congressional committees a report that
12 includes—
13
(1) actions the Department has taken to pre-
14
serve the institutional capability to counter foreign
15
nation-state influence operations from the Russian
16
Federation, the People’s Republic of China, and Iran
17
since the termination of the Counter Foreign Infor-
18
mation Manipulation and Interference (R/FIMI)
19
hub;
20
(2) a list of active and cancelled Countering
21
PRC Influence Fund and Countering Russian Influ-
22
ence Fund projects since January 21, 2025;
23
(3) actions the Department has taken to im-
24
prove Department grantmaking processes related to
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countering foreign influence operations from nation-
2
state adversaries; and
3
(4) an assessment of recent foreign adversarial
4
information operations and narratives related to
5
United States foreign policy since January 21, 2025,
6
from the Russian Federation, the People’s Republic
7
of China, and Iran.
8
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
9
FINED.—In this section, the term ‘‘appropriate congres-
10 sional committees’’ means—
11
(1) the Committee on Foreign Affairs and the
12
Committee on Appropriations of the House of Rep-
13
resentatives; and
14
(2) the Committee on Foreign Relations and
15
the Committee on Appropriations of the Senate.
16
SEC. 5405. REPEAL OF LIMITATION ON USE OF FUNDS FOR
17
INTERNATIONAL EXPOSITIONS.
18
Section 204 of the Admiral James W. Nance and
19 Meg Donovan Foreign Relations Authorization Act, Fiscal
20 Years 2000 and 2001 (22 U.S.C. 2452b) (as enacted into
21 law by section 1000(a)(7) of the Public Law 106–113 and
22 contained in appendix G of that Act; 113 Stat. 1501A–
23 486)) is repealed.
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TITLE V—DIPLOMATIC
SECURITY
3
SEC. 5501. ASSISTANT SECRETARY FOR DIPLOMATIC SECU-
1
4
5
RITY.
Section 1(c) of the State Department Basic Authori-
6 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended by
7 section 5402, is further amended by inserting after para8 graph (15) the following:
9
‘‘(16) ASSISTANT SECRETARY FOR DIPLOMATIC
10
SECURITY.—There
11
State an Assistant Secretary for Diplomatic Security
12
who shall be responsible to the Secretary of State,
13
acting through Under Secretary for Management,
14
for matters relating to the management, direction,
15
and strategic execution of the Bureau of Diplomatic
16
Security, and such other related duties as the Sec-
17
retary may from time to time designate.’’.
18
19
shall be in the Department of
SEC. 5502. SPECIAL AGENTS.
Section 37(a) of the State Department Basic Au-
20 thorities Act of 1956 (22 U.S.C. 2709(a)) is amended in
21 the matter preceding paragraph (1) by inserting ‘‘, in con22 sultation with Under Secretary of Management,’’ after
23 ‘‘Secretary of State’’.
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SEC. 5503. MODIFICATION OF CONGRESSIONAL NOTIFICA-
2
TION REQUIREMENT RELATING TO EMBASSY
3
REOPENING.
4
Section 105(b)(2) of the Omnibus Diplomatic Secu-
5 rity
and
Antiterrorism
Act
of
1986
(22
U.S.C.
6 4804(b)(2)) is amended by inserting ‘‘, detailing the na7 tional security value of reopening such post’’ after ‘‘the
8 decision to open or reopen such post’’.
9
SEC. 5504. COUNTER-INTELLIGENCE TRAINING FOR CER-
10
TAIN DIPLOMATIC SECURITY AGENTS.
11
(a) IN GENERAL.—Title IV of the Omnibus Diplo-
12 matic Security and Antiterrorism Act of 1986 (22 U.S.C.
13 4851 et seq.) is amended by adding at the end the fol14 lowing:
15
‘‘SEC. 418. COUNTER-INTELLIGENCE TRAINING FOR CER-
16
TAIN
17
AGENTS.
18
DIPLOMATIC
SECURITY
SPECIAL
‘‘(a) IN GENERAL.—Diplomatic Security special
19 agents who are assigned to positions with a primary coun20 terintelligence role or a diplomatic post rated as High or
21 Critical for Human Intelligence on the Department of
22 State’s Security Environment Threat List shall receive
23 specific and substantive mandatory counter-intelligence
24 training that is developed and conducted in consultation
25 with the heads of relevant elements of the intelligence
26 community.
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‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In this
2 section, the term ‘intelligence community’ has the meaning
3 given that term in section 3(4) of the National Security
4 Act of 1947 (50 U.S.C. 3003(4)).’’.
5
(b) CLERICAL AMENDMENT.—The table of contents
6 of the Omnibus Diplomatic Security and Antiterrorism
7 Act of 1986 (Public Law 99–399) is amended by inserting
8 in numerical sequence the following:
‘‘Sec. 418. Counter-intelligence training for certain Diplomatic Security special
agents.’’.
9
SEC. 5505. EXPANSION OF COUNTER-INTELLIGENCE PER-
10
SONNEL SECURITY PROGRAM TO INCLUDE
11
NONSECURITY STAFF.
12
Section 155 of the Foreign Relations Authorization
13 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4802 note)
14 is amended—
15
(1) in the section heading by striking ‘‘HIGH
16
INTELLIGENCE THREAT COUNTRIES’’ and insert-
17
ing ‘‘CRITICAL HUMAN INTELLIGENCE THREAT
18
COUNTRIES’’;
19
(2) in subsection (a)—
20
(A) in the matter preceding paragraph (1),
21
by striking ‘‘high intelligence threat countries
22
who are responsible for security at those posts’’
23
and inserting ‘‘critical human intelligence threat
24
countries and countries designated by the
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1
Under Secretary of State for Management’’;
2
and
3
(B) in paragraph (1), by striking ‘‘high in-
4
telligence threat countries’’ and inserting ‘‘crit-
5
ical human intelligence threat countries’’;
6
(3) in subsection (c), by striking ‘‘high intel-
7
ligence threat country’’ and inserting ‘‘critical
8
human intelligence threat country’’ each place it ap-
9
pears;
10
11
(4) by redesignating subsection (c), as so
amended, as subsection (d); and
12
(5) by inserting after subsection (b) the fol-
13
lowing:
14
‘‘(c) COUNTRY-SPECIFIC THREAT TRAINING RE-
15
QUIRED.—Personnel assigned to posts in critical human
16 intelligence threat countries shall receive country-specific
17 threat training informed by assessments from relevant ele18 ments of the intelligence community (as such term is de19 fined in section 3(4) of the National Security Act of 1947
20 (50 U.S.C. 3003(4))), at the appropriate classification
21 level.’’.
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1
SEC. 5506. REPORT ON SECURITY CONDITIONS IN DAMAS-
2
CUS, SYRIA, REQUIRED FOR THE REOPENING
3
OF THE UNITED STATES DIPLOMATIC MIS-
4
SION.
5
(a) FINDINGS.—Congress makes the following find-
6 ings:
7
(1) The United States has a national security
8
interest in a stable Syria free from the malign influ-
9
ence of Russia and Iran, and which cannot be used
10
by terrorist organizations to launch attacks against
11
the United States or United States allies or partners
12
in the region.
13
(2) Permissive security conditions are necessary
14
for the reopening of any diplomatic mission.
15
(b) REPORT.—
16
(1) IN GENERAL.—Not later than 180 days
17
after the date of the enactment of this Act, the Sec-
18
retary, in consultation with the relevant Federal
19
agencies, shall submit to the appropriate congres-
20
sional committees a report describing the Syrian
21
Government’s progress towards meeting the security
22
related benchmarks described in paragraph (2).
23
24
(2) ELEMENTS.—The report required under
paragraph (1) shall include the following elements:
25
(A) An assessment of the Syrian Govern-
26
ment’s progress on counterterrorism, especially
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1
as it relates to United States designated ter-
2
rorist organizations that threaten to attack the
3
United States or our allies and partners.
4
(B) An assessment of the security environ-
5
ment of the potential sites for a future building
6
of the United States Embassy in Damascus and
7
the conditions necessary for resuming embassy
8
operations in Damascus.
9
(C) An analysis of the Syrian Govern-
10
ment’s progress in identifying and destroying
11
any remnants of the Assad regime’s chemical
12
weapons program, including any stockpiles, pro-
13
duction facilities, or related sites.
14
(D) An assessment of the Syrian Govern-
15
ment’s destruction of the Assad regime’s
16
captagon and other illicit drug stockpiles, to in-
17
clude infrastructure.
18
(E) An assessment of the Syrian Govern-
19
ment’s relationship with the Russian Federation
20
and the Islamic Republic of Iran, to include ac-
21
cess, basing, overflight, economic relationships,
22
and impacts on United States national security
23
objectives.
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1
(F) A description of the Syrian Govern-
2
ment’s cooperation with the United States to lo-
3
cate and repatriate United States citizens.
4
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
5
FINED.—In this section, the term ‘‘appropriate congres-
6 sional committees’’ means—
7
(1) the Committee on Foreign Affairs, the
8
Committee on Armed Services, the Committee on
9
Appropriations, and the Permanent Select Com-
10
mittee on Intelligence of the House of Representa-
11
tives; and
12
(2) the Committee on Foreign Relations, the
13
Committee on Armed Services, the Committee on
14
Appropriations, and the Select Committee on Intel-
15
ligence of the Senate.
16
SEC. 5507. EMBASSIES, CONSULATES, AND OTHER DIPLO-
17
MATIC INSTALLATIONS RETURN TO STAND-
18
ARDS REPORT.
19
(a) IN GENERAL.—Not later than 90 days after the
20 date of the enactment of this Act, the Secretary shall sub21 mit to the appropriate congressional committees a report
22 that includes the impacts of the Bureau of Diplomatic Se23 curity’s initiative known as ‘‘Return to Standards’’ on the
24 security needs of United States embassies, consulates, and
25 other diplomatic installations outside the United States.
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1
(b) ELEMENTS.—The report required under sub-
2 section (a) shall describe the impacts of the Return to
3 Standards initiative and other reductions in staffing and
4 resources from the beginning of the initiative to the date
5 of enactment of this Act for all embassies, consulates, and
6 other overseas diplomatic installations, including detailed
7 descriptions and explanations of all reductions of per8 sonnel or other resources, including their effects on—
9
(1) securing facilities and perimeters;
10
(2) transporting United States personnel into
11
the foreign country; and
12
(3) executing any other relevant operations for
13
which they are responsible.
14
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
15
FINED.—In this section, the term ‘‘appropriate congres-
16 sional committees’’ means—
17
(1) the Committee on Foreign Affairs, the Per-
18
manent Select Committee on Intelligence, and the
19
Committee on Appropriations of the House of Rep-
20
resentatives; and
21
(2) the Committee on Foreign Relations, the
22
Select Committee on Intelligence, and the Com-
23
mittee on Appropriations of the Senate.
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1
SEC. 5508. REAUTHORIZATION OF OVERTIME PAY FOR PRO-
2
3
TECTIVE SERVICES.
Section 6232(g) of the Department of State Author-
4 ization Act of 2023 (division F of Public Law 118–31;
5 5 U.S.C. 5547 note) is amended by striking ‘‘2025’’ and
6 inserting ‘‘2027’’.
7
TITLE VI—MISCELLANEOUS
8
SEC. 5601. SUBMISSION OF FEDERALLY FUNDED RESEARCH
9
AND DEVELOPMENT CENTER REPORTS TO
10
CONGRESS.
11
Not later than 30 days after receiving a report or
12 other written product provided to the Department by fed13 erally
funded
research
and
development
centers
14 (FFRDCs) and consultant groups that were supported by
15 funds congressionally appropriated to the Department, the
16 Secretary shall provide the appropriate congressional com17 mittees—
18
19
(1) the report or written product, including the
original proposal for the report;
20
21
(2) the amount provided by the Department to
the FFRDC; and
22
23
(3) a detailed description of the value the Department derived from the report.
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1
SEC. 5602. QUARTERLY REPORT ON DIPLOMATIC POUCH
2
3
ACCESS.
Not later than 30 days after the date of the enact-
4 ment of this Act, and every 90 days thereafter for the next
5 three years, the Secretary shall submit a report to the ap6 propriate congressional committees that describes—
7
(1) a list of every overseas United States diplo-
8
matic post where diplomatic pouch access is re-
9
stricted or limited by the host government;
10
(2) an explanation as to why, in each instance
11
where an overseas United States diplomatic post is
12
restricted or limited by the host government, the
13
host government has restricted or limited the diplo-
14
matic pouch access of the United States diplomatic
15
post; and
16
(3) a detailed explanation outlining the steps
17
the Department is taking to gain diplomatic pouch
18
access in each instance where such access has been
19
restricted or limited by the host government.
20
SEC. 5603. REPORT ON UTILITY OF INSTITUTING A PROC-
21
ESSING FEE FOR ITAR LICENSE APPLICA-
22
TIONS.
23
Not later than 90 days after the date of the enact-
24 ment of this Act, the Secretary shall submit to the appro25 priate congressional committees a report on the feasibility
26 and effect of establishing an export licensing fee system
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1 for the commercial export of defense items and services
2 to partially or fully finance the licensing costs of the De3 partment, if permitted by statute. The report should con4 sider whether and to what degree such an export license
5 application fee system would be preferable to relying solely
6 on the existing registration fee system and the feasibility
7 of a tiered system of fees, considering such options as vol8 ume per applicant over time and discounted fees for small
9 businesses.
10
11
SEC. 5604. HAVANA ACT PAYMENT FIX.
Section 901 of title IX of division J of the Further
12 Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b)
13 is amended—
14
15
(1) by striking ‘‘January 1, 2016’’ each place
it appears and inserting ‘‘September 11, 2001’’;
16
(2) in subsection (e)(1), in the matter preceding
17
subparagraph (A), by striking ‘‘of a’’ and inserting
18
‘‘of an’’; and
19
(3) in subsection (h), by adding at the end the
20
following new paragraph:
21
‘‘(4) LIMITATIONS.—
22
‘‘(A) APPROPRIATIONS
REQUIRED.—Pay-
23
ments under subsections (a) and (b) in a fiscal
24
year may only be made using amounts appro-
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1
priated in advance specifically for payments
2
under such paragraph in such fiscal year.
3
‘‘(B) MATTER OF PAYMENTS.—Payments
4
under subsections (a) and (b) using amounts
5
appropriated for such purpose shall be made on
6
a first come, first serve, or pro rata basis.
7
‘‘(C) AMOUNTS OF PAYMENTS.—The total
8
amount of funding obligated for payments
9
under subsections (a) and (b) may not exceed
10
the amount specifically appropriated for pro-
11
viding payments under such paragraph during
12
its period of availability.’’.
13
SEC. 5605. ESTABLISHING AN INNER MONGOLIA SECTION
14
WITHIN THE UNITED STATES MISSION IN
15
CHINA.
16
(a) INNER MONGOLIA SECTION IN THE UNITED
17 STATES MISSION IN CHINA.—
18
(1) IN GENERAL.—The Secretary may establish
19
an Inner Mongolia team within the United States
20
Mission in China, to follow political, economic, and
21
social developments in the Inner Mongolia Autono-
22
mous Region and other areas designated by the Peo-
23
ple’s Republic of China as autonomous for Mongo-
24
lians, with due consideration given to hiring Mongo-
25
lians as Locally Employed Staff.
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1
(2) RESPONSIBILITIES.—Responsibilities of a
2
team devoted to Inner Mongolia should include re-
3
porting on internationally recognized human rights
4
issues, monitoring developments in critical minerals
5
mining, environmental degradation, and PRC space
6
capabilities, and access to areas designated as auton-
7
omous for Mongolians by United States Government
8
officials, journalists, nongovernmental organizations,
9
and the Mongolian diaspora.
10
(3)
LANGUAGE
REQUIREMENTS.—The
Sec-
11
retary should ensure that the Department has suffi-
12
cient proficiency in the Mongolian language in order
13
to carry out paragraph (1), and that the United
14
States Mission in China has sufficient resources to
15
hire Local Employed Staff proficient in the Mongo-
16
lian language, as appropriate.
17
(b) REPORT.—Not later than 180 days after the date
18 of the enactment of this Act, the Secretary shall submit
19 to the appropriate congressional committees a report on
20 the staffing described in subsection (a).
21
SEC. 5606. REPORT ON UNITED STATES MISSION AUS-
22
23
TRALIA STAFFING.
(a) SENSE OF CONGRESS.—It is the sense of Con-
24 gress that—
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1
(1) Australia is one of the closest allies of the
2
United States and integral to United States national
3
security interests in the Indo-Pacific;
4
(2) the United States-Australia alliance has
5
seen tremendous growth, including through AUKUS,
6
as part of which, the United States plans to rotate
7
up to four Virginia-class attack submarines out of
8
the Australian port of Perth by 2027; and
9
(3) current United States staffing and facilities
10
across United States Mission Australia do not ap-
11
pear adequately resourced to support an expanding
12
mission set and are no longer commensurate with
13
strategic developments.
14
(b) REPORT.—
15
(1) IN GENERAL.—Not later than 30 days after
16
the date of the enactment of this Act, the Secretary
17
shall submit to the appropriate congressional com-
18
mittees a report regarding staffing and facility re-
19
quirements at United States Mission Australia to
20
provide administrative and operational support for
21
all United States Government personnel under Chief
22
of Mission Authority of the head of the United
23
States Mission in Australia.
24
25
(2) CONTENTS.—The report required under
paragraph (1) shall include—
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1
(A) an assessment of how many United
2
States civilian and military personnel and their
3
dependents the Department expects across Aus-
4
tralia in the next five years;
5
(B) an assessment of what requirements
6
those United States personnel will have, includ-
7
ing housing, schooling, and office space;
8
(C) a status update on anticipated inter-
9
agency growth plans across Australia and the
10
interagency process begun in 2024 to assess the
11
needs of Mission Australia;
12
(D) an assessment of the impact of the
13
Department reorganization and workforce re-
14
duction on the staffing contemplated by that
15
process;
16
(E) an analysis of resource gaps that could
17
undermine mission capacity and United States
18
foreign policy objectives, including advancing
19
the
20
AUKUS;
United
States-Australia
alliance
and
21
(F) a recommendation for additional facili-
22
ties, staffing, and resources needed to execute
23
on mission growth; and
24
(G) an estimated total cost of expanding
25
staffing to sufficiently serve the increased pres-
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1
ence of United States personnel in the area and
2
to achieve any other United States foreign pol-
3
icy objectives.
4
(3) CLASSIFIED ANNEX.—The report shall con-
5
tain a classified annex as necessary.
6
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
7
FINED.—In this section, the term ‘‘appropriate congres-
8 sional committees’’ means—
9
(1) the Committee on Foreign Affairs, the
10
Committee on Armed Services, and the Committee
11
on Appropriations of the House of Representatives;
12
and
13
(2) the Committee on Foreign Relations, the
14
Committee on Armed Services, and the Committee
15
on Appropriations of the Senate.
16
17
SEC. 5607. EXTENSIONS.
(a) SUPPORT TO ENHANCE THE CAPACITY OF INTER-
18
NATIONAL
19
THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT
MONETARY FUND MEMBERS TO EVALUATE
20 CONTRACTS.—Section 6103(c) of title LXI of division F
21 of the National Defense Authorization Act for Fiscal Year
22 2022 (Public Law 117–81) is amended by striking ‘‘5-year
23 period’’ and inserting ‘‘10-year period’’.
24
(b) INSPECTOR GENERAL ANNUITANT WAIVER.—
25 The authorities provided under section 1015(b) of the
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1 Supplemental Appropriations Act, 2010 (Public Law 111–
2 212; 124 Stat. 2332) shall remain in effect through Sep3 tember 30, 2031.
4
(c) EXTENSION OF AUTHORIZATIONS TO SUPPORT
5 UNITED STATES PARTICIPATION
IN
INTERNATIONAL
6 FAIRS AND EXPOS.—Section 9601(b) of the Department
7 of State Authorizations Act of 2022 (division I of Public
8 Law 117–263; 136 6 Stat. 3909) is amended by striking
9 ‘‘fiscal years 2023 and 2024’’ and inserting ‘‘fiscal years
10 2023, 2024, 2025, 2026, 2027, and 2028’’.
11
12
SEC. 5608. UPDATING COUNTERTERRORISM REPORTS.
Section 140(a) of the Foreign Relations Authoriza-
13 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C.
14 2656f(a)) is amended in the matter preceding paragraph
15 (1) by striking ‘‘April 30’’ and inserting ‘‘October 31’’.
DIVISION F—INTELLIGENCE AU17
THORIZATION ACT FOR FIS18
CAL YEAR 2026
16
19
20
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the
21 ‘‘Intelligence Authorization Act for Fiscal Year 2026’’.
22
(b) TABLE OF CONTENTS.—The table of contents for
23 this division is as follows:
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES
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Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified schedule of authorizations.
Sec. 6103. Intelligence Community Management Account.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by law.
Sec. 6303. Notice of impact of diplomatic and consular post closings on intelligence community.
Sec. 6304. Unauthorized access to intelligence community property.
Sec. 6305. Annual survey of analytic objectivity among officers and employees
of elements of the intelligence community.
Sec. 6306. Annual training requirement and report regarding analytic standards.
Sec. 6307. Prohibiting discrimination in the intelligence community.
Sec. 6308. Estimate of cost to ensure compliance with Intelligence Community
Directive 705.
Sec. 6309. Plan for implementing an integrated system spanning the intelligence community for accreditation of sensitive compartmented
information facilities.
Sec. 6310. Reforms relating to inactive security clearances.
TITLE LXIV—INTELLIGENCE COMMUNITY EFFICIENCY AND
EFFECTIVENESS
Sec. 6401. Short title.
Sec. 6402. Modification of responsibilities and authorities of the Director of
National Intelligence.
Sec. 6403. Plan for optimized staffing of the Office of the Director of National
Intelligence.
Sec. 6404. National Counterproliferation and Biosecurity Center.
Sec. 6405. Termination of Office of Engagement.
TITLE LXV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Central Intelligence Agency
Sec. 6501. Guidance on novel and significant expenditures for purposes of notification under the Central Intelligence Agency Act of 1949.
Sec. 6502. Improvements to security of Central Intelligence Agency installations.
Sec. 6503. Annual Central Intelligence Agency workplace climate assessment.
Sec. 6504. Chaplain Corps and Chief of Chaplains of the Central Intelligence
Agency.
Sec. 6505. Technical amendment to procurement authorities of Central Intelligence Agency.
Subtitle B—Elements of Department of Defense
Sec. 6511. Counterintelligence briefings for members of the Armed Forces.
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Subtitle C—Federal Bureau of Investigation
Sec. 6521. Notice of counterintelligence assessments and investigations by the
Federal Bureau of Investigation of candidates for or holders of
Federal office.
Sec. 6522. Notification of material changes to policies or procedures governing
terrorist watchlist and transnational organized crime watchlist.
Sec. 6523. Annual report on United States persons on the terrorist watch list.
Sec. 6524. Annual report on Federal Bureau of Investigation case data.
TITLE LXVI—ARTIFICIAL INTELLIGENCE AND OTHER EMERGING
TECHNOLOGIES
Subtitle A—Artificial Intelligence
Sec. 6601. Artificial Intelligence security guidance.
Sec. 6602. Artificial intelligence development and usage by intelligence community.
Sec. 6603. Application of artificial intelligence policies of the intelligence community to publicly available models hosted in classified environments.
Sec. 6604. Prohibition on use of DeepSeek on intelligence community systems.
Subtitle B—Biotechnology
Sec. 6611. Senior officials for biotechnology.
Sec. 6612. Plan on enhanced intelligence sharing relating to foreign adversary
biotechnological threats.
Sec. 6613. Enhancing biotechnology talent within the intelligence community.
Sec. 6614. Enhanced intelligence community support to secure United States
biological data.
Sec. 6615. Ensuring intelligence community procurement of domestic United
States production of synthetic DNA and RNA.
Sec. 6616. Strategy for addressing intelligence gaps relating to China’s investment in United States-origin biotechnology.
Subtitle C—Other Matters
Sec. 6621. Enhancing intelligence community technology adoption metrics.
Sec. 6622. Report on identification of intelligence community sites for advanced
nuclear technologies.
Sec. 6623. Strategy on intelligence coordination and sharing relating to critical
and emerging technologies.
TITLE LXVII—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Matters Relating to China
Sec. 6701. Modification of annual reports on influence operations and campaigns in the United States by the Chinese Communist Party.
Sec. 6702. Intelligence sharing with allies on Chinese Communist Party efforts
in Europe.
Sec. 6703. Prohibition on intelligence community contracting with Chinese military companies engaged in biotechnology research, development, or manufacturing.
Sec. 6704. Report on the wealth of the leadership of the Chinese Communist
Party.
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Sec. 6705. Assessment and report on investments by the People’s Republic of
China in the agriculture sector of Brazil.
Sec. 6706. Identification of entities that provide support to the People’s Liberation Army.
Sec. 6707. Mission manager for the People’s Republic of China.
Sec. 6708. National Intelligence Estimate of advancements in biotechnology by
the People’s Republic of China.
Subtitle B—Other Matters
Sec. 6711. Improvements to requirement for monitoring of Iranian enrichment
of uranium-235.
Sec. 6712. Policy toward certain agents of foreign governments.
Sec. 6713. Extension of intelligence community coordinator for Russian atrocities accountability.
Sec. 6714. Plan to enhance intelligence support to counter foreign influence intended to continue or expand the conflict in Sudan.
Sec. 6715. Review of information relating to actions by foreign governments to
assist persons evading justice.
Sec. 6716. National Intelligence Estimate on the Western Hemisphere.
Sec. 6717. Plan to enhance counternarcotics collaboration, coordination, and
cooperation with the Government of Mexico.
Sec. 6718. Requirements with respect to duty to warn former senior officials
and other United States persons.
TITLE LXVIII—REPORTS AND OTHER MATTERS
Sec. 6801. Modification and repeal of reporting requirements.
Sec. 6802. Revisions to congressional notification of intelligence collection adjustments.
Sec. 6803. Declassification of intelligence and additional transparency measures
relating to the COVID–19 pandemic.
Sec. 6804. Classified intelligence budget justification materials and submission
of intelligence community drug control resource summary.
Sec. 6805. Requiring penetration testing as part of the testing and certification
of voting systems.
Sec. 6806. Standard guidelines for intelligence community to report and document anomalous health incidents.
1
(c)
AUTOMATIC
EXECUTION
OF
CLERICAL
2 CHANGES.—Except as otherwise expressly provided, when
3 an amendment made by this division amends an Act to
4 add a section or larger organizational unit to that Act,
5 repeals or transfers a section or larger organizational unit
6 in that Act, or amends the designation or heading of a
7 section or larger organizational unit in that Act, that
8 amendment also shall have the effect of amending any
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1 table of contents of that Act to alter the table to conform
2 to the changes made by the amendment.
3
SEC. 6002. DEFINITIONS.
4
In this division:
5
(1) CONGRESSIONAL
INTELLIGENCE COMMIT-
6
TEES.—The
7
mittees’’ has the meaning given such term in section
8
3 of the National Security Act of 1947 (50 U.S.C.
9
3003).
10
term ‘‘congressional intelligence com-
(2) INTELLIGENCE
COMMUNITY.—The
term
11
‘‘intelligence community’’ has the meaning given
12
such term in section 3 of the National Security Act
13
of 1947 (50 U.S.C. 3003).
14
SEC. 6003. EXPLANATORY STATEMENT.
15
The explanatory statement regarding this division,
16 printed in the House section of the Congressional Record
17 by the Chairman of the Permanent Select Committee on
18 Intelligence of the House of Representatives and in the
19 Senate section of the Congressional Record by the Chair20 man of the Select Committee on Intelligence of the Senate,
21 shall have the same effect with respect to the implementa22 tion of this division as if it were a joint explanatory state23 ment of a committee of conference.
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1
2
3
4
TITLE LXI—INTELLIGENCE
ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
5 fiscal year 2026 for the conduct of the intelligence and
6 intelligence-related activities of the Federal Government.
7
8
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS.—The amounts
9 authorized to be appropriated under section 6101 for the
10 conduct of the intelligence activities of the Federal Gov11 ernment are those specified in the classified Schedule of
12 Authorizations prepared to accompany this division.
13
14
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—
15
(1) AVAILABILITY.—The classified Schedule of
16
Authorizations referred to in subsection (a) shall be
17
made available to the Committee on Appropriations
18
of the Senate, the Committee on Appropriations of
19
the House of Representatives, and to the President.
20
(2) DISTRIBUTION BY THE PRESIDENT.—Sub-
21
ject to paragraph (3), the President shall provide for
22
suitable distribution of the classified Schedule of Au-
23
thorizations referred to in subsection (a), or of ap-
24
propriate portions of such Schedule, within the exec-
25
utive branch of the Federal Government.
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1
(3) LIMITS ON DISCLOSURE.—The President
2
shall not publicly disclose the classified Schedule of
3
Authorizations or any portion of such Schedule ex-
4
cept—
5
(A) as provided in section 601(a) of the
6
Implementing Recommendations of the 9/11
7
Commission Act of 2007 (50 U.S.C. 3306(a));
8
(B) to the extent necessary to implement
9
the budget; or
10
11
(C) as otherwise required by law.
SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT AC-
12
13
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
14 authorized to be appropriated for the Intelligence Commu15 nity Management Account of the Director of National In16 telligence for fiscal year 2026 the sum of $678,853,000.
17
18
(b) CLASSIFIED AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts authorized to be appro-
19 priated for the Intelligence Community Management Ac20 count by subsection (a), there are authorized to be appro21 priated for the Intelligence Community Management Ac22 count for fiscal year 2026 such additional amounts as are
23 specified in the classified Schedule of Authorizations re24 ferred to in section 6102(a).
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TITLE LXII—CENTRAL INTEL2
LIGENCE AGENCY RETIRE3
MENT AND DISABILITY SYS4
TEM
1
5
6
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Cen-
7 tral Intelligence Agency Retirement and Disability Fund
8 $514,000,000 for fiscal year 2026.
10
TITLE LXIII—INTELLIGENCE
COMMUNITY MATTERS
11
SEC. 6301. RESTRICTION ON CONDUCT OF INTELLIGENCE
9
12
13
ACTIVITIES.
The authorization of appropriations by this division
14 shall not be deemed to constitute authority for the conduct
15 of any intelligence activity which is not otherwise author16 ized by the Constitution or the laws of the United States.
17
SEC. 6302. INCREASE IN EMPLOYEE COMPENSATION AND
18
BENEFITS AUTHORIZED BY LAW.
19
Appropriations authorized by this division for salary,
20 pay, retirement, and other benefits for Federal employees
21 may be increased by such additional or supplemental
22 amounts as may be necessary for increases in such com23 pensation or benefits authorized by law.
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1
SEC. 6303. NOTICE OF IMPACT OF DIPLOMATIC AND CON-
2
SULAR POST CLOSINGS ON INTELLIGENCE
3
COMMUNITY.
4
Title V of the National Security Act of 1947 (50
5 U.S.C. 3091 et seq.) is amended by adding at the end
6 the following new section:
7
‘‘SEC. 517. NOTICE OF IMPACT OF DIPLOMATIC AND CON-
8
SULAR POST CLOSINGS ON INTELLIGENCE
9
COMMUNITY.
10
‘‘(a) NOTICE TO DIRECTOR OF NATIONAL INTEL-
11
LIGENCE AND SECRETARY OF DEFENSE.—The Secretary
12 of State shall provide notice to the Director of National
13 Intelligence and the Secretary of Defense of any covered
14 closure of a diplomatic or consular post. To the maximum
15 extent practicable, the notice shall be provided at least 30
16 days before the date on which the covered closure occurs.
17
‘‘(b) NOTICE TO CONGRESSIONAL COMMITTEES.—
18 The Director of National Intelligence, in consultation with
19 the heads of the other appropriate elements of the intel20 ligence community as determined by the Director, shall
21 submit to the appropriate congressional committees a no22 tice describing the impact of the closure on the intelligence
23 community. The notice shall be submitted within 30 days
24 after the date on which the Director receives the notice
25 under subsection (a) and, to the maximum extent prac26 ticable, shall be submitted before the date on which the
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1 covered closure occurs. Such notice shall include a descrip2 tion of whether, and the extent to which, the Director and
3 the heads of the other appropriate elements of the intel4 ligence community were consulted in the decision-making
5 process with respect to such closure and registered any
6 concerns with or objections to such closure.
7
‘‘(c) DEFINITIONS.—In this section:
8
‘‘(1) APPROPRIATE
9
TEES.—The
10
mittees’ means—
11
CONGRESSIONAL COMMIT-
term ‘appropriate congressional com-
‘‘(A) the congressional intelligence commit-
12
tees;
13
‘‘(B) the Committee on Foreign Relations
14
of the Senate and the Committee on Foreign
15
Affairs of the House of Representatives;
16
‘‘(C) the Committees on Armed Services of
17
the Senate and the House of Representatives;
18
and
19
‘‘(D) the Committees on Appropriations of
20
the Senate and the House of Representatives.
21
‘‘(2) COVERED CLOSURE OF A DIPLOMATIC OR
22
CONSULAR POST DEFINED.—The term ‘covered clo-
23
sure of a diplomatic or consular post’ means the clo-
24
sure of a United States diplomatic or consular post
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1
abroad that is anticipated to last for 60 days or
2
more.’’.
3
SEC. 6304. UNAUTHORIZED ACCESS TO INTELLIGENCE
4
5
COMMUNITY PROPERTY.
Chapter 37 of title 18, United States Code, is amend-
6 ed by inserting after section 798A the following:
7 ‘‘§ 798B. Unauthorized access to intelligence commu8
9
nity property
‘‘(a) PROHIBITED ACTIVITY.—It shall be unlawful,
10 within the jurisdiction of the United States, without au11 thorization to willfully go upon any property—
12
‘‘(1) with intent to gather intelligence or infor-
13
mation to the detriment of the United States; and
14
‘‘(2) while knowing that such property is—
15
‘‘(A) under the jurisdiction of an element
16
of the intelligence community (as defined in
17
section 3(4) of the National Security Act of
18
1947 (50 U.S.C. 3003(4)); and
19
‘‘(B) closed or restricted.
20
‘‘(b) PENALTIES.—Any person who violates sub-
21 section (a) shall—
22
‘‘(1) in the case of the first offense, be fined
23
under section 3571 of this title, imprisoned not more
24
than 6 months, or both;
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1
‘‘(2) in the case of a second offense after a
2
prior conviction under subsection (a) has become
3
final, be fined under this title, imprisoned not more
4
than 2 years, or both; and
5
‘‘(3) in the case of a third or subsequent of-
6
fense after a prior conviction under subsection (a)
7
has become final, be fined under this title, impris-
8
oned not more than 5 years, or both.’’.
9
SEC. 6305. ANNUAL SURVEY OF ANALYTIC OBJECTIVITY
10
AMONG OFFICERS AND EMPLOYEES OF ELE-
11
MENTS OF THE INTELLIGENCE COMMUNITY.
12
(a) IN GENERAL.—Section 1019(b) of the National
13 Security Intelligence Reform Act of 2004 (title I of Public
14 Law 108–458; 50 U.S.C. 3364(b)) is amended by adding
15 at the end the following new paragraph:
16
‘‘(4)(A) The individual or entity assigned responsi-
17 bility under subsection (a) shall annually conduct a survey
18 of analytic objectivity among officers and employees of the
19 intelligence community.
20
‘‘(B) The head of each element of the intelligence
21 community shall take all practical actions to encourage
22 maximum participation by officers and employees of such
23 element with respect to the survey conducted under sub24 paragraph (A).’’.
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1
2
(b) ELEMENTS
OF THE
INTELLIGENCE COMMU-
NITY.—
3
(1) IN
GENERAL.—Not
less frequently than
4
once each year for two years, each head of an ele-
5
ment of the intelligence community specified in para-
6
graph (4) shall conduct a survey of analytic objec-
7
tivity among officers and employees of such element
8
who are involved in the production of intelligence
9
products.
10
(2) ELEMENTS.—Each survey conducted pursu-
11
ant to paragraph (1) for an element of the intel-
12
ligence community shall cover the following:
13
(A) Perceptions of the officers and employ-
14
ees
15
politicization affecting the intelligence cycle.
regarding
the
presence
of
bias
or
16
(B) Types of intelligence products per-
17
ceived by the officers and employees as most
18
prone to objectivity concerns.
19
(C) Whether responders to the survey
20
raised identified analytic objectivity concerns
21
with an analytic ombudsman or appropriate en-
22
tity.
23
(3) COORDINATION.—The head of each element
24
of the intelligence community specified in paragraph
25
(4) shall, to the extent practicable, coordinate with
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1
the individual or entity assigned responsibility under
2
section 1019(a) of the National Security Intelligence
3
Reform Act of 2004 (title I of Public Law 108–458;
4
50 U.S.C. 3364(a)) and the appropriate ombudsman
5
for analytic objectivity with respect to the design
6
and execution of the survey required by paragraph
7
(1) to maximize the utility and efficiency of the sur-
8
vey.
9
(4) ELEMENTS OF THE INTELLIGENCE COMMU-
10
NITY SPECIFIED.—The elements of the intelligence
11
community specified in this paragraph are the fol-
12
lowing:
13
(A) The National Security Agency.
14
(B) The Defense Intelligence Agency.
15
(C) The National Geospatial-Intelligence
16
Agency.
17
(D) The Directorate of Intelligence of the
18
Federal Bureau of Investigation.
19
(E) The Office of Intelligence and Analysis
20
21
of the Department of Homeland Security.
SEC. 6306. ANNUAL TRAINING REQUIREMENT AND REPORT
22
REGARDING ANALYTIC STANDARDS.
23
Section 6312 of the James M. Inhofe National De-
24 fense Authorization Act for Fiscal Year 2023 (50 U.S.C.
25 3364 note; Public Law 117–263) is amended—
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1
(1) by amending subsection (b) to read as fol-
2
lows:
3
‘‘(b) CONDUCT OF TRAINING.—Training required
4 pursuant to the policy required by subsection (a) shall—
5
‘‘(1) be a dedicated, stand-alone training; and
6
‘‘(2) include instruction on how to report con-
7
cerns
8
politicization, or other issues relating to the stand-
9
ards set forth in Intelligence Community Directive
10
203, Analytic Standards (or any successor direc-
11
tive).’’; and
12
lack
of
objectivity,
bias,
(2) in subsection (d)(1)—
13
14
regarding
(A) by striking ‘‘number and themes of’’;
and
15
(B) by striking the period at the end and
16
inserting ‘‘, including the number and themes
17
of such incidents and a list of each intelligence
18
product reported during the preceding 1-year
19
period to the Analytic Ombudsman of the Office
20
of the Director of National Intelligence or other
21
designated official specified in law or policy to
22
receive complaints related to, or review compli-
23
ance with, analytic standards.’’.
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1
SEC. 6307. PROHIBITING DISCRIMINATION IN THE INTEL-
2
3
LIGENCE COMMUNITY.
(a) IN GENERAL.—Not later than 90 days after the
4 date of the enactment of this Act, the Director of National
5 Intelligence, in coordination with the head of each element
6 of the intelligence community, shall revise all regulations,
7 policies, procedures, manuals, circulars, courses, training,
8 and guidance in the intelligence community such that all
9 such materials are in compliance with and consistent with
10 this section.
11
(b) PROHIBITION.—None of the funds authorized to
12 be appropriated by any law for the National Intelligence
13 Program shall be used for the purposes of implementing
14 covered practices in the intelligence community.
15
(c) COVERED PRACTICE DEFINED.—In this section,
16 the term ‘‘covered practice’’ means any practice that dis17 criminates for or against any person in a manner prohib18 ited by the Constitution of the United States, the Civil
19 Rights Act of 1964 (42 U.S.C. 2000 et seq.), or any other
20 Federal law.
21
SEC. 6308. ESTIMATE OF COST TO ENSURE COMPLIANCE
22
WITH
23
TIVE 705.
24
INTELLIGENCE
COMMUNITY
DIREC-
(a) ESTIMATE REQUIRED.—Not later than 180 days
25 after the date of the enactment of this Act, each head of
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1 an element of the intelligence community, in coordination
2 with the Director of National Intelligence, shall—
3
(1) submit to the congressional intelligence
4
committees, the Committee on Appropriations of the
5
Senate, and the Committee on Appropriations of the
6
House of Representatives an estimate of the amount
7
of obligations expected to be incurred by the Federal
8
Government after the date of the enactment of this
9
Act to ensure that the sensitive compartmented in-
10
formation facilities of the element are compliant
11
with Intelligence Community Directive 705; and
12
(2) submit to the Committees on Armed Serv-
13
ices of the Senate and the House of Representatives
14
an estimate of such amount of obligations expected
15
to be incurred by an element of the Department of
16
Defense.
17
(b) CONTENTS.—Each estimate submitted under
18 subsection (a) shall include the following:
19
(1) The estimate.
20
(2) An implementation plan to ensure compli-
21
ance described in such subsection.
22
(3) Identification of the administrative actions
23
or legislative actions that may be necessary to en-
24
sure such compliance.
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1
SEC. 6309. PLAN FOR IMPLEMENTING AN INTEGRATED SYS-
2
TEM SPANNING THE INTELLIGENCE COMMU-
3
NITY FOR ACCREDITATION OF SENSITIVE
4
COMPARTMENTED
5
TIES.
6
INFORMATION
FACILI-
(a) PLAN REQUIRED.—Not later than 180 days after
7 the date of the enactment of this Act, the Director of Na8 tional Intelligence, in coordination with the Secretary of
9 Defense, shall—
10
(1) develop a plan to implement an integrated
11
tracking system that resides on an appropriately se-
12
cure or classified system and spans the intelligence
13
community for the accreditation of sensitive com-
14
partmented information facilities to increase trans-
15
parency, track the status of accreditation, and to re-
16
duce and minimize duplication of effort; and
17
(2) submit to the congressional intelligence
18
committees, the Committee on Appropriations and
19
the Committee on Armed Services of the Senate, and
20
the Committee on Appropriations and the Com-
21
mittee on Armed Services of the House of Rep-
22
resentatives the plan developed under paragraph (1).
23
(b) ELEMENTS.—The plan under subsection (a)(1)
24 shall include the following:
25
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1
(2) A description for how applicants and
2
cleared industry could monitor the status of the ac-
3
creditation of the sensitive compartmented informa-
4
tion facilities of the applicants and cleared industry.
5
(3) Guidelines for minimizing duplication of ef-
6
fort across the intelligence community and the De-
7
partment of Defense in the accreditation process for
8
sensitive compartmented information facilities.
9
(4) Creation of a mechanism to track compli-
10
ance with Intelligence Community Directive 705 (re-
11
lating to sensitive compartmented information facili-
12
ties), or successor directive.
13
14
(5) Proposed measures for increasing security
against adversary threats.
15
(6) A list of any administrative and legislative
16
actions that may be necessary to carry out the plan.
17
SEC. 6310. REFORMS RELATING TO INACTIVE SECURITY
18
19
CLEARANCES.
(a) EXTENSION OF PERIOD OF INACTIVE SECURITY
20 CLEARANCES.—
21
(1) REVIEW AND EVALUATION.—The Director
22
of National Intelligence shall review and evaluate the
23
feasibility and advisability of updating personnel se-
24
curity standards and procedures governing eligibility
25
for access to sensitive compartmented information
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1
and other controlled access program information and
2
security adjudicative guidelines for determining eligi-
3
bility for access to sensitive compartmented informa-
4
tion and other controlled access program informa-
5
tion to determine whether individuals described in
6
paragraph (2), could, as a matter of policy, be
7
granted eligibility by the Director to access classified
8
information if—
9
(A) there is no indication the individual no
10
longer satisfies the standards established for ac-
11
cess to classified information;
12
(B) the individual certifies in writing to an
13
appropriate security professional that there has
14
been no change in the relevant information pro-
15
vided for the last background investigation of
16
the individual; and
17
(C) an appropriate record check reveals no
18
unfavorable information.
19
(2) INDIVIDUALS DESCRIBED.—The individuals
20
described in this paragraph are individuals who—
21
(A) have been retired or otherwise sepa-
22
rated from employment with an element of the
23
intelligence community for a period of not more
24
than 5 years; and
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1
(B) were eligible to access classified infor-
2
mation on the day before the individual retired
3
or otherwise separated from such element.
4
(b) FEASIBILITY AND ADVISABILITY OF CONTINUOUS
5 VETTING OF INACTIVE SECURITY CLEARANCES.—
6
(1) IN GENERAL.—The Director shall conduct
7
an assessment of the feasibility and advisability of
8
subjecting inactive security clearances to continuous
9
vetting and due diligence, including with respect to
10
any effects on policies developed in conjunction with
11
the continued development of the Trusted Workforce
12
2.0 initiative.
13
(2) FINDINGS.—Not later than 120 days after
14
the date of the enactment of this Act, the Director
15
shall submit to the congressional intelligence com-
16
mittees, the Committee on Homeland Security and
17
Governmental Affairs of the Senate, and the Com-
18
mittee on Oversight and Government Reform of the
19
House of Representatives the findings from the as-
20
sessment conducted pursuant to paragraph (1).
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TITLE
LXIV—INTELLIGENCE
2
COMMUNITY
EFFICIENCY
3
AND EFFECTIVENESS
1
4
5
SEC. 6401. SHORT TITLE.
This title may be cited as the ‘‘Intelligence Commu-
6 nity Efficiency and Effectiveness Act of 2025’’.
7
SEC. 6402. MODIFICATION OF RESPONSIBILITIES AND AU-
8
THORITIES OF THE DIRECTOR OF NATIONAL
9
INTELLIGENCE.
10
(a) REPEAL
OF
SUNSETTED REQUIREMENT
FOR
11 SEMI-ANNUAL REPORT.—Subsection (c)(7) of section
12 102A of the National Security Act of 1947 (50 U.S.C.
13 3024) is amended by striking ‘‘(A) The Director’’ and all
14 that follows through ‘‘(B) The Director’’ and inserting
15 ‘‘The Director’’.
16
(b) REPEAL OF AUTHORITIES RELATING TO NEW
17 NATIONAL INTELLIGENCE CENTERS.—
18
19
(1) TRANSFER OF PERSONNEL.—Such section
is amended by striking subsection (e).
20
(2) REPEAL OF AUTHORITY TO ESTABLISH.—
21
Subsection (f)(2) of such section is amended by
22
striking ‘‘and may’’ and all that follows through
23
‘‘determines necessary’’.
24
(c) CONFORMING AMENDMENTS.—
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1
2
(1) SECTION
102A.—Such
section is further
amended—
3
(A)
by
redesignating
subsections
(f)
4
through (z) as subsections (e) through (y), re-
5
spectively;
6
(B) in subsection (e), as redesignated by
7
subparagraph (A), in paragraph (7), by striking
8
‘‘under subsection (m)’’ and inserting ‘‘under
9
subsection (l)’’; and
10
(C) in subsection (w)(3), as redesignated
11
by subparagraph (A), by striking ‘‘under sub-
12
section (f)(8)’’ and inserting ‘‘under subsection
13
(e)(8)’’.
14
(2) OTHER PROVISIONS OF LAW.—
15
(A) NATIONAL SECURITY ACT OF 1947.—
16
The National Security Act of 1947 (50 U.S.C.
17
3001 et seq.) is amended—
18
(i) in section 103(c)(15) (50 U.S.C.
19
3025(c)(15)), by striking ‘‘, including na-
20
tional intelligence centers’’;
21
(ii) in section 112(c)(1), by striking
22
‘‘section 102A(i)’’ and inserting ‘‘section
23
102A(h)’’;
24
25
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striking
‘‘with
section
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1
102A(f)(8)’’ and inserting ‘‘with section
2
102A(e)(8)’’.
3
(B) CENTRAL INTELLIGENCE AGENCY ACT
4
OF 1949.—Section 6 of the Central Intelligence
5
Agency Act of 1949 (50 U.S.C. 3507) is
6
amended by striking ‘‘section 102A(i)’’ and in-
7
serting ‘‘section 102A(h)’’.
8
(C) CENTRAL INTELLIGENCE AGENCY RE-
9
TIREMENT ACT.—Section 201(c) of the Central
10
Intelligence Agency Retirement Act (50 U.S.C.
11
2011(c)) is amended by striking ‘‘section
12
102A(i)’’ and inserting ‘‘section 102A(h)’’.
13
(D)
REDUCING
OVER-CLASSIFICATION
14
ACT.—Section 7(a)(1)(A) of the Reducing Over-
15
Classification Act (50 U.S.C. 3344(a)(1)(A)) is
16
amended by striking ‘‘of section 102A(g)(1)’’
17
and inserting ‘‘of section 102A(f)(1)’’.
18
(E) PUBLIC INTEREST DECLASSIFICATION
19
ACT.—Section 705(c) of the Public Interest De-
20
classification Act of 2000 (50 U.S.C. 3355c(c))
21
is amended by striking ‘‘section 102A(i)’’ and
22
inserting ‘‘102A(h)’’.
23
(F) INTELLIGENCE
REFORM
AND
TER-
24
RORISM
25
1019(a) of the Intelligence Reform and Ter-
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PREVENTION
ACT
OF
2004.—Section
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rorism Prevention Act of 2004 (50 U.S.C.
2
3364(a)) is amended by striking ‘‘section
3
102A(h)’’ and inserting ‘‘section 102A(g)’’.
4
(G) INTELLIGENCE
AUTHORIZATION ACT
5
FOR FISCAL YEAR 2003.—Section 343(c) of the
6
Intelligence Authorization Act for Fiscal Year
7
2003 (Public Law 107–306; 50 U.S.C. 3363) is
8
amended by striking ‘‘Subject to’’ and all that
9
follows through ‘‘, relating’’ and inserting ‘‘Sub-
10
ject to section 102A(h) of the National Security
11
Act of 1947 (50 U.S.C. 3024(h), relating’’.
12
(H) INTELLIGENCE AUTHORIZATION ACT
13
FOR FISCAL YEAR 2014.—Section 604(d)(1)(B)
14
of the Intelligence Authorization Act for Fiscal
15
Year 2014 (Public Law 113–126; 50 U.S.C.
16
3234 note) is amended by striking ‘‘section
17
102A(m)’’ and inserting ‘‘section 102A(l)’’.
18
(I) HOMELAND SECURITY ACT OF 2002.—
19
Section 210D(f)(2)(B) of the Homeland Secu-
20
rity Act of 2002 (6 U.S.C. 124k(f)(2)(B)) is
21
amended
22
102A(f)(1)(B)(iii)’’
23
102A(e)(1)(B)(iii)’’.
24
25
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by
striking
and
inserting
‘‘sections
‘‘sections
(J) ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.—Section
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934(k)(2) of the
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Energy Independence and Security Act of 2007
2
(42 U.S.C. 17373(k)(2)) is amended by striking
3
‘‘section
4
102A(h)’’.
102A(i)’’
and
inserting
‘‘section
5
SEC. 6403. PLAN FOR OPTIMIZED STAFFING OF THE OFFICE
6
OF THE DIRECTOR OF NATIONAL INTEL-
7
LIGENCE.
8
(a) REQUIREMENT.—Not later than 120 days after
9 the date of the enactment of this Act, the Director of Na10 tional Intelligence shall submit to the congressional intel11 ligence committees and the Committees on Appropriations
12 of the Senate and the House of Representatives a target
13 end-state for the appropriate staffing level of the Office
14 of the Director of National Intelligence.
15
(b) CONTENTS.—The plan under subsection (a) shall
16 include a plan for achieving the targeted end-state for
17 staffing at the Office of the Director of National Intel18 ligence to the number of full-time equivalent employees,
19 detailees, and individuals under contract with the Office
20 that the Director requires for the optimized execution of
21 the statutory authorities of the Director.
22
SEC. 6404. NATIONAL COUNTERPROLIFERATION AND BIO-
23
24
SECURITY CENTER.
(a) TERMINATION.—
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1
(1) TERMINATION OF CENTER.—Not later than
2
180 days after the date of the enactment of this Act,
3
the Director of National Intelligence shall terminate
4
the National Counterproliferation and Biosecurity
5
Center, including such missions, objectives, staff,
6
and resources of the Center, as is consistent with
7
the provisions of this section and the amendments
8
made by this section.
9
(2) TERMINATION OF DIRECTOR OF THE CEN-
10
TER.—Not later than 180 days after the date of the
11
enactment of this Act, the Director of National In-
12
telligence shall terminate the position of the Director
13
of the National Counterproliferation and Biosecurity
14
Center, as is consistent with the provisions of this
15
section.
16
(b) REPORT.—Not later than 90 days after the date
17 of the enactment of this Act, the Director of National In18 telligence shall submit to the congressional intelligence
19 committees and the Committees on Appropriations of the
20 Senate and the House of Representatives a report on the
21 status of the implementation of this section, including—
22
(1) the status of the counterproliferation and
23
biosecurity missions and functions within the Office
24
of the Director of National Intelligence;
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1
(2) a staffing profile of the officers, employees,
2
and detailees currently assigned, as of the date of
3
the report, to the counterproliferation, biosecurity,
4
and related missions and functions at the Office of
5
the Director of National Intelligence; and
6
(3) a description of the employment status of
7
the officers, employees, and detailees who were as-
8
signed to the National Counterproliferation and Bio-
9
security Center as of August 1, 2025, including
10
those who have remained at the Office of the Direc-
11
tor of National Intelligence, accepted (or, as to
12
detailees, maintained) employment at another ele-
13
ment of the intelligence community, or have sepa-
14
rated from the intelligence community.
15
(c) CONFORMING AMENDMENTS.—The National Se-
16 curity Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
17
(1) in section 103(c) (50 U.S.C. 3025(c))—
18
(A) by striking paragraph (13); and
19
(B) by redesignating paragraphs (14) and
20
(15) as paragraphs (13) and (14), respectively;
21
and
22
(2) in section 119A (50 U.S.C. 3057)—
23
(A) in the heading, by striking ‘‘Na-
24
tional Counterproliferation and Bio-
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1
security Center’’ and inserting ‘‘Counter-
2
proliferation and Biosecurity’’;
3
(B) in subsection (a)—
4
(i) in the heading, by striking ‘‘ES-
5
TABLISHMENT’’ and inserting ‘‘ORGANIZA-
6
TION’’;
7
(ii) in paragraph (1)—
8
(I) by striking ‘‘The President
9
shall establish a National Counterpro-
10
liferation and Biosecurity Center, tak-
11
ing into account all appropriate gov-
12
ernment tools to’’ and inserting ‘‘The
13
Director
14
shall’’; and
of
National
Intelligence
15
(II) in subparagraph (A), by in-
16
serting ‘‘support efforts to’’ before
17
‘‘prevent and halt’’;
18
(iii) by striking paragraph (2) and in-
19
20
serting the following:
‘‘(2) The Director of National Intelligence shall ap-
21 point an appropriate official within the Office of the Direc22 tor of National Intelligence to oversee the efforts and ac23 tivities undertaken pursuant to this section.’’; and
24
25
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(iv) by striking paragraphs (3) and
(4); and
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1
(C) in subsection (b)—
2
(i) in paragraph (1)—
3
(I) by striking ‘‘establishing the
4
National
5
Biosecurity Center, the President’’
6
and inserting ‘‘carrying out this sec-
7
tion, the Director’’; and
Counterproliferation
and
8
(II) in subparagraph (A), by
9
striking ‘‘Establishing a primary orga-
10
nization within the United States
11
Government for integrating’’ and in-
12
serting ‘‘Integrating’’; and
13
(ii) in paragraph (2), by striking ‘‘In
14
establishing the National Counterprolifera-
15
tion and Biosecurity Center, the President
16
shall address the following missions and
17
objectives to ensure that the Center serves
18
as the lead for the intelligence community
19
for’’ and inserting ‘‘In carrying out this
20
section, the Director shall address the fol-
21
lowing missions and objectives to ensure’’.
22
(d) REPEAL OF NATIONAL SECURITY WAIVER AU-
23
THORITY, REPORT REQUIREMENT, AND SENSE OF CON-
24
GRESS.—Such section 119A is further amended by strik-
25 ing subsections (c), (d), and (e).
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(g) EFFECTIVE DATE.—The amendments made by
2 this section shall take effect 180 days after the date of
3 the enactment of this Act.
4
(h) REFERENCES IN LAW.—On and after the date
5 that is 180 days after the date of enactment of this Act,
6 any reference to the National Counterproliferation and
7 Biosecurity Center in law shall be treated as a reference
8 to the Office of the Director of National Intelligence, and
9 any reference to the Director of the National Counterpro10 liferation and Biosecurity Center in law shall be treated
11 as a reference to the Director of National Intelligence.
12
13
SEC. 6405. TERMINATION OF OFFICE OF ENGAGEMENT.
(a) TERMINATION.—The Director of National Intel-
14 ligence shall take such actions as may be necessary to ter15 minate and wind down the operations of the Office of En16 gagement before the date specified in subsection (c).
17
(b) REPEAL.—The National Security Act of 1947 (50
18 U.S.C. 3001 et seq.) is further amended by striking sec19 tion 122 (50 U.S.C. 3062).
20
(c) EFFECTIVE DATE.—The amendment made by
21 this subsection shall take effect on the date that is 90 days
22 after the date of the enactment of this Act.
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TITLE LXV—MATTERS RELATING
2
TO ELEMENTS OF THE INTEL3
LIGENCE COMMUNITY
4
Subtitle A—Central Intelligence
5
Agency
1
6
SEC. 6501. GUIDANCE ON NOVEL AND SIGNIFICANT EX-
7
PENDITURES FOR PURPOSES OF NOTIFICA-
8
TION UNDER THE CENTRAL INTELLIGENCE
9
AGENCY ACT OF 1949.
10
(a) IN GENERAL.—Section 8(c) of the Central Intel-
11 ligence Agency Act of 1949 (50 U.S.C. 3510(c)) is amend12 ed—
13
14
(1) by striking ‘‘Not later than’’ and inserting
‘‘(1) Not later than’’; and
15
(2) by adding at the end the following new
16
paragraph:
17
‘‘(2)(A) Not later than 180 days after the date of
18 the enactment of the Intelligence Authorization Act for
19 Fiscal Year 2026, the Director shall issue written guid20 ance to ensure the timely identification and reporting of
21 novel and significant expenditures in accordance with this
22 subsection. Such guidance shall—
23
24
‘‘(i) establish a definition of a novel and significant expenditure for purposes of this subsection;
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1
‘‘(ii) define internal procedures to evaluate ex-
2
penditures to determine if such expenditures are
3
novel and significant using the definition established
4
pursuant to clause (i); and
5
‘‘(iii) require timely congressional notification in
6
accordance with this subsection.
7
‘‘(B) The Director shall regularly review and update
8 the guidance issued under this paragraph as appropriate.
9
‘‘(C) Not later than 60 days after the date on which
10 the initial guidance is issued under this paragraph, and
11 not later than 60 days after the date on which any mate12 rial revisions to such guidance take effect, the Director
13 shall provide to the committees specified in paragraph (1)
14 a briefing with respect to such guidance or such material
15 revisions.’’.
16
(b)
CONFORMING
AMENDMENT.—Section
17 102A(m)(5) of the National Security Act of 1947 (50
18 U.S.C. 3024(m)(5)) (as redesignated by section 6402(c)
19 of this Act) is amended in the first sentence by striking
20 ‘‘of such section’’ and inserting ‘‘of such section, including
21 the guidance issued under paragraph (2) of such sub22 section (c)’’.
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SEC. 6502. IMPROVEMENTS TO SECURITY OF CENTRAL IN-
2
TELLIGENCE AGENCY INSTALLATIONS.
3
(a) AGENCY HEADQUARTERS INSTALLATION.—Sub-
4 section (a)(1) of section 15 of the Central Intelligence
5 Agency Act of 1949 (50 U.S.C. 3515) is amended by strik6 ing ‘‘Compound’’ each place it appears and inserting ‘‘In7 stallation’’.
8
(b) UNMANNED AIRCRAFT.—Such Act is further
9 amended by inserting after section 15 the following:
10
‘‘SEC. 15A. AUTHORITY REGARDING UNMANNED AIRCRAFT
11
12
SYSTEMS.
‘‘(a) AUTHORITY TO INTERCEPT.—Notwithstanding
13 section 46502 of title 49, United States Code, or sections
14 32, 1030, and 1367 and chapters 119 and 206 of title
15 18, United States Code, the Director may take, and may
16 authorize personnel of the Agency with assigned duties
17 under section 15 that include the security or protection
18 of people, facilities, or assets within the United States to
19 take, the actions described in subsection (b)(1) that are
20 necessary to mitigate a credible threat (as defined by the
21 Director, in consultation with the Secretary of Transpor22 tation) to safety or security in any specially designated
23 area posed by an unmanned aircraft system.
24
‘‘(b) AUTHORIZED ACTIONS.—
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‘‘(1) ACTIONS DESCRIBED TO ENSURE SAFETY
2
AND SECURITY.—The actions described in this para-
3
graph are the following:
4
‘‘(A) During the operation of the un-
5
manned aircraft system, detect, identify, mon-
6
itor, and track the unmanned aircraft system,
7
without prior consent, including by means of
8
intercept or other access of a wire communica-
9
tion, an oral communication, or an electronic
10
communication, used to control the unmanned
11
aircraft system.
12
‘‘(B) Warn the operator of the unmanned
13
aircraft system, including by passive or active,
14
and by direct or indirect, physical, electronic,
15
radio, and electromagnetic means.
16
‘‘(C) Disrupt control of the unmanned air-
17
craft system, without prior consent, including
18
by disabling the unmanned aircraft system by
19
intercepting, interfering, or causing interference
20
with wire, oral, electronic, or radio communica-
21
tions used to control the unmanned aircraft sys-
22
tem.
23
24
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‘‘(D) Seize or exercise control of the unmanned aircraft system.
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‘‘(E) Seize or otherwise confiscate the un-
2
manned aircraft system.
3
‘‘(F) Use reasonable force, if necessary, to
4
disable, damage, or destroy the unmanned air-
5
craft system.
6
‘‘(2) LIMITATION ON ACTIONS.—
7
‘‘(A) DURATION.—In carrying out sub-
8
section (a), the Director may take an action de-
9
scribed in subparagraphs (B) through (F) of
10
paragraph (1) only for the period necessary to
11
mitigate a credible threat to safety or security
12
identified in subsection (a).
13
‘‘(B) COMPLIANCE.—In carrying out this
14
section, the Director shall comply with the guid-
15
ance developed under subsection (c).
16
‘‘(c) GUIDANCE.—
17
‘‘(1) COORDINATION AND CONSULTATION.—
18
‘‘(A) COORDINATION.—The Director shall
19
develop guidance for carrying out subsection (a)
20
and for conducting research, testing, training,
21
and evaluation under subsection (e) in coordina-
22
tion with the Secretary of Transportation and
23
the Administrator of the Federal Aviation Ad-
24
ministration to ensure that any such actions or
25
research, testing, training, and evaluation do
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1
not adversely affect or interfere with the safety
2
and efficiency of the national airspace system.
3
‘‘(B) CONSULTATION.—In developing guid-
4
ance for carrying out subsection (a) and for
5
conducting research, testing, training, and eval-
6
uation under subsection (e), the Director shall
7
request consultation by the Secretary of Com-
8
merce and the Chairman of the Federal Com-
9
munications Commission. The Secretary of
10
Commerce and the Chairman may each provide
11
such consultation during the 180-day period be-
12
ginning on the date of the request by the Direc-
13
tor.
14
‘‘(2) REQUIREMENTS.—The guidance under
15
paragraph (1) shall include requirements that—
16
‘‘(A) the Administrator of the Federal
17
Aviation Administration advise on the types of
18
activities covered by subsection (b)(1);
19
‘‘(B) the Director contact the Adminis-
20
trator of the Federal Aviation Administration
21
through the appropriate channel if practicable
22
before, or otherwise as soon as practicable after
23
(but not later than 24 hours after), carrying
24
out an action described in subparagraphs (B)
25
through (F) of subsection (b)(1);
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‘‘(C) the Director contact the Adminis-
2
trator of the Federal Aviation Administration
3
through the appropriate channel before con-
4
ducting research, testing, training, and evalua-
5
tion under subsection (e); and
6
‘‘(D) when taking an action described in
7
subsection (b)(1), all due consideration is given
8
to—
9
‘‘(i) mitigating effects on privacy and
10
civil liberties under the first and fourth
11
amendments to the Constitution of the
12
United States;
13
‘‘(ii) mitigating damage to, or loss of,
14
real and personal property; and
15
‘‘(iii) mitigating any risk of personal
16
injury or death.
17
‘‘(3) UPDATES.—On an annual basis, the Di-
18
rector, in coordination with the Secretary of Trans-
19
portation and the Administrator of the Federal Avia-
20
tion Administration, shall review the guidance devel-
21
oped under paragraph (1) and make any necessary
22
updates.
23
‘‘(d) SPECIALLY DESIGNATED AREAS.—
24
‘‘(1) LIST.—The Director shall make available
25
to the congressional intelligence committees and the
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recipients specified in paragraph (5) a list, which
2
may be in classified form, of each area that the Di-
3
rector—
4
‘‘(A) determines meets the criteria de-
5
scribed in paragraph (4); and
6
‘‘(B) designates as a specially designated
7
area for purposes of this section.
8
‘‘(2) ANNUAL UPDATE.—Not later than March
9
31 each year, the Director shall make available to
10
the congressional intelligence committees and the re-
11
cipients specified in paragraph (5) an updated list of
12
specially designated areas under paragraph (1).
13
‘‘(3) EMERGENCY UPDATES.—If the Director
14
determines that adding an area that meets the cri-
15
teria described in paragraph (4) to the list under
16
paragraph (1) is necessary to mitigate a credible
17
threat to safety or security, the Director may update
18
the list to include that area as a specially designated
19
area covered by this section if the Director makes
20
available to the congressional intelligence committees
21
and the recipients specified in paragraph (5) infor-
22
mation regarding that area by not later than 7 days
23
after making such determination.
24
25
‘‘(4) CRITERIA DESCRIBED.—The criteria described in this paragraph are the following:
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‘‘(A) The area is identified by the Director,
2
in coordination with the Secretary of Transpor-
3
tation, with respect to potentially impacted air-
4
space, through a risk-based assessment, as
5
high-risk and a potential target for unlawful
6
unmanned aircraft system-related activity.
7
‘‘(B) The area consists of—
8
‘‘(i) premises that—
9
‘‘(I) are owned, leased, or con-
10
trolled by the Agency or the Office of
11
the Director of National Intelligence;
12
‘‘(II) are not eligible for protec-
13
tion from threats from unmanned air-
14
craft systems by another department
15
or agency of the Federal Government
16
that has authority to mitigate the
17
threat of unmanned aircraft systems,
18
including pursuant to section 130i of
19
title 10, United States Code; and
20
‘‘(III) directly relate to one or
21
more functions authorized to be per-
22
formed by the Agency or the Office of
23
the Director of National Intelligence
24
under this Act or the National Secu-
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rity Act of 1947 (50 U.S.C. 3001 et
2
seq.);
3
‘‘(ii) one or more perimeters adjacent
4
to such premises, as designated by the Di-
5
rector, in coordination with the Secretary
6
of Transportation, based on the specific
7
type of action described in subsection
8
(b)(1); and
9
‘‘(iii) the airspace above the premises
10
and perimeters covered by clauses (i) and
11
(ii).
12
‘‘(C) The airspace specified in subpara-
13
graph (B)(iii) is restricted by a temporary flight
14
restriction or covered by a determination under
15
section 2209 of the FAA Extension, Safety, and
16
Security Act of 2016 (49 U.S.C. 44802 note) or
17
any other similar restriction applicable to un-
18
manned aircraft system overflights determined
19
appropriate by the Secretary of Transportation.
20
‘‘(5) SPECIFIED
RECIPIENTS
OF
LIST.—The
21
designated recipients for purposes of this subsection
22
are each of the following:
23
‘‘(A) The chairs and ranking minority
24
members of the Committee on Transportation
25
and Infrastructure of the House of Representa-
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tives and the Committee on Commerce, Science,
2
and Transportation of the Senate.
3
‘‘(B) The chairs and ranking minority
4
members of the Committees on the Judiciary of
5
the House of Representatives and of the Sen-
6
ate.
7
‘‘(C) The chairs and ranking minority
8
members of the Committee on Oversight and
9
Government Reform of the House of Represent-
10
atives and the Committee on Homeland Secu-
11
rity and Governmental Affairs of the Senate.
12
‘‘(D) The chairs and ranking minority
13
members of the Committees on Appropriations
14
of the House of Representatives and of the Sen-
15
ate.
16
17
‘‘(E) For each committee specified in subparagraphs (A), (B), (C), and (D)—
18
‘‘(i) two staff members of the com-
19
mittee who have the required security
20
clearances and are designated by the chair;
21
and
22
‘‘(ii) two staff members of the com-
23
mittee who have the required security
24
clearances and are designated by the rank-
25
ing minority member.
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‘‘(e) RESEARCH, TESTING, TRAINING, AND EVALUA-
2
TION.—The Director may, consistent with section 105(g)
3 of the Foreign Intelligence Surveillance Act of 1978 (50
4 U.S.C. 1805(g)), other Federal laws, and Presidential di5 rectives, conduct research, testing, training on, and eval6 uation of any equipment, including any electronic equip7 ment, to determine the capability and utility of the equip8 ment prior to the use of the equipment for any action car9 ried out under subsection (a).
10
‘‘(f) PRIVACY PROTECTIONS.—
11
‘‘(1) REQUIREMENT.—Any interception or ac-
12
quisition of, or access to, or maintenance or use of,
13
information or communications to or from an un-
14
manned aircraft system under this section shall be
15
conducted—
16
‘‘(A) in a manner consistent with the first
17
and fourth amendments to the Constitution of
18
the United States and applicable provisions of
19
Federal law; and
20
‘‘(B) only to the extent necessary to sup-
21
port an action described in subsection (b)(1)
22
taken to carry out the authority provided in
23
subsection (a).
24
‘‘(2) LIMIT.—In carrying out subsection (a),
25
the Director may maintain records containing or re-
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garding the content and dialing, signaling, routing,
2
and addressing information associated with wire
3
communications, oral communications, electronic
4
communications, and radio communications, and
5
may maintain parts or the whole of an unmanned
6
aircraft system, only if—
7
‘‘(A) such maintenance is for the purpose
8
of mitigating a credible threat, as described in
9
subsection (a), to safety or security of persons
10
in a specially designated area; and
11
12
‘‘(B) such maintenance does not exceed a
period of 180 days unless—
13
14
‘‘(i) the Director or the Attorney General determines a longer period—
15
‘‘(I) is necessary to directly sup-
16
port an ongoing security operation of
17
the Agency pursuant to subsection
18
(a); or
19
‘‘(II) is required to be main-
20
tained by the Agency under Federal
21
law;
22
‘‘(ii) the Director or the Attorney
23
General has created a record before the
24
end of such 180-day period providing the
25
specific factual basis to support the deter-
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mination based on the matters specified in
2
either or both subclauses (I) and (II) of
3
clause (i); and
4
‘‘(iii) the Director is in compliance
5
with the reporting requirements under sub-
6
section (g)(2)(B).
7
‘‘(3) DESTRUCTION.—The Director shall de-
8
stroy any records or materials maintained under
9
paragraph (2) at the end of the period specified in
10
such paragraph.
11
‘‘(4) TRANSFER.—
12
‘‘(A) AUTHORIZED DISCLOSURE.—Records
13
or materials maintained under paragraph (2)
14
may not be disclosed outside of the Agency or
15
Department of Justice unless the Director or
16
Attorney General determine that the disclosure
17
of such records or materials—
18
19
‘‘(i) is necessary to investigate or
prosecute a violation of Federal law;
20
‘‘(ii) is necessary to support the
21
counter unmanned aircraft systems activi-
22
ties of another department or agency of
23
the Federal Government with authority to
24
mitigate the threat of unmanned aircraft
25
systems;
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2
‘‘(iii) is necessary to comply with another provision of Federal law; or
3
‘‘(iv) is necessary to comply with an
4
obligation to preserve materials during the
5
course of litigation.
6
‘‘(B)
REQUIREMENT
FOR
RECIPIENT
7
AGENCY.—The recipient of records or materials
8
pursuant to subparagraph (A) shall—
9
‘‘(i) maintain the records or materials
10
only for the purpose authorized under such
11
subparagraph;
12
‘‘(ii) disclose the records or materials
13
only for a purpose authorized under such
14
subparagraph; and
15
‘‘(iii) destroy the records or parts or
16
materials once such purpose no longer ap-
17
plies.
18
‘‘(5) CERTIFICATION.—
19
‘‘(A) AGENCY.—Each time the Director
20
carries out subsection (a) by taking an action
21
described in subparagraphs (C) through (F) of
22
subsection (b)(1), the Director shall certify that
23
the Director is in compliance with paragraphs
24
(1) through (4) of this subsection. The Director
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may only delegate the authority to make such
2
certification to—
3
‘‘(i) the General Counsel or the Prin-
4
cipal Deputy General Counsel; or
5
‘‘(ii) the Director of Operations or the
6
Deputy Director of Operations.
7
‘‘(B)
RETENTION.—Each
certification
8
made under subparagraph (A) shall be retained
9
by the Director for a period of at least seven
10
years.
11
‘‘(g) NOTIFICATIONS AND REPORTS.—
12
‘‘(1) DEPARTMENT
OF
JUSTICE
NOTIFICA-
13
TION.—Not
14
which the Director carries out subsection (a) by tak-
15
ing an action described in subparagraphs (C)
16
through (F) of subsection (b)(1), the Director shall
17
notify the Attorney General of such action.
18
later than 30 days after the date on
‘‘(2) CONGRESSIONAL
REPORTS.—Not
later
19
than 90 days after the date of the enactment of this
20
section, and every 90 days thereafter, the Director
21
shall make available to the congressional intelligence
22
committees and the recipients specified in paragraph
23
(3) a report that includes the following:
24
‘‘(A) With respect to each action described
25
in subparagraphs (B) through (F) of subsection
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(b)(1) taken to carry out subsection (a) during
2
the period covered by the report, a description
3
of—
4
‘‘(i) the action taken;
5
‘‘(ii) options considered by the Direc-
6
tor to mitigate any identified effects to the
7
national airspace system relating to such
8
action, including the minimization of the
9
use of any technology that disrupts the
10
transmission of radio or electronic signals;
11
and
12
‘‘(iii) whether any harm, damage, or
13
loss to a person or to private property re-
14
sulted from such action.
15
‘‘(B) A description of all records or mate-
16
rials that, as of the date of the report, are
17
being maintained for a period exceeding 180
18
days pursuant to subsection (f)(2)(B), and a
19
copy of each record created pursuant to clause
20
(ii) of such subsection relating to such mainte-
21
nance.
22
‘‘(C) A copy of the guidance, policies, and
23
procedures established by the Director in effect
24
during the period covered by the report to ad-
25
dress privacy, civil rights, and civil liberties
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issues implicated by actions taken by the Direc-
2
tor in carrying out subsection (a).
3
‘‘(D) Information on any violation of, or
4
failure to comply with, this section during the
5
period covered by the report, including a de-
6
scription of any such violation or failure.
7
‘‘(3) SPECIFIED RECIPIENTS OF REPORT.—The
8
designated recipients for purposes of paragraph (2)
9
are each of the following:
10
‘‘(A) Each member of the Committee on
11
Transportation and Infrastructure of the House
12
of Representatives and the Committee on Com-
13
merce, Science, and Transportation of the Sen-
14
ate.
15
‘‘(B) Each member of the Committees on
16
the Judiciary of the House of Representatives
17
and of the Senate.
18
‘‘(C) Each member of the Committee on
19
Oversight and Government Reform of the
20
House of Representatives and the Committee
21
on Homeland Security and Governmental Af-
22
fairs of the Senate.
23
‘‘(D) Each member of the Committees on
24
Appropriations of the House of Representatives
25
and of the Senate.
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‘‘(E) For each committee specified in sub-
2
paragraphs (A), (B), (C), and (D)—
3
‘‘(i) five staff members of the com-
4
mittee who have the required security
5
clearances and are designated by the chair;
6
and
7
‘‘(ii) five staff members of the com-
8
mittee who have the required security
9
clearances and are designated by the rank-
10
ing minority member.
11
‘‘(h) FORFEITURE AND TORT CLAIMS.—
12
‘‘(1) FORFEITURE.—
13
‘‘(A) SUBJECT TO FORFEITURE.—Any un-
14
manned aircraft system described in subsection
15
(a) that is seized by the Director is subject to
16
forfeiture to the United States.
17
‘‘(B) APPLICATION.—The requirements for
18
civil, criminal, or administrative forfeiture
19
under applicable law or regulation shall apply to
20
any forfeiture conducted under subparagraph
21
(A).
22
‘‘(2) TORT CLAIMS.—Chapter 171 of title 28,
23
United States Code, shall apply to any claims for
24
loss of property, injury, or death pursuant to actions
25
taken pursuant to this section.
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‘‘(i) RULES OF CONSTRUCTION.—Nothing in this sec-
2 tion may be construed as—
3
‘‘(1) affecting the restrictions in section 105(g)
4
of the Foreign Intelligence Surveillance Act of 1978
5
(50 U.S.C. 1805(g));
6
‘‘(2) vesting in the Director any authority of
7
the Secretary of Transportation, the Secretary of
8
Defense, or the Administrator of the Federal Avia-
9
tion Administration;
10
‘‘(3) vesting in the Secretary of Transportation,
11
the Secretary of Defense, or the Administrator any
12
authority of the Director;
13
‘‘(4) creating a new cause of action or any new
14
rights, or waiving any defenses, that do not other-
15
wise exist in law as of the date of the enactment of
16
this section;
17
‘‘(5) authorizing any official of a department or
18
agency of the Federal Government to conduct any
19
search or seizure in a manner that violates the
20
fourth amendment to the Constitution of the United
21
States; or
22
‘‘(6) authorizing any actions that violate any
23
provision of the Constitution of the United States,
24
including the first and fourth amendments.
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‘‘(j) BUDGET.—Together with the budget requests of
2 the Agency for each fiscal year after fiscal year 2026, or
3 not later than 7 days after the date on which such a re4 quest is submitted to Congress, the Director shall submit
5 to the congressional intelligence committees and the Com6 mittees on Appropriations of the Senate and the House
7 of Representatives a consolidated funding display that
8 identifies the funding source for actions to carry out sub9 section (a). The funding display shall be in unclassified
10 form, but may contain a classified annex.
11
‘‘(k) COMMENCEMENT OF AUTHORITY.—The Direc-
12 tor may not carry out subsection (a) by taking an action
13 described in subsection (b)(1) until the date on which the
14 Director has made available the first list under subsection
15 (d)(1).
16
‘‘(l) SUSPENSION OF AUTHORITY.—If the Director
17 fails to make available the updated list by the date re18 quired under subsection (d)(2), the Director may not carry
19 out subsection (a) by taking an action described in sub20 section (b)(1) until the date on which the Director makes
21 available such updated list.
22
‘‘(m) TERMINATION.—The authority to carry out this
23 section shall terminate on December 31, 2027.
24
‘‘(n) DEFINITIONS.—In this section:
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1
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT-
2
TEES.—The term ‘congressional intelligence commit-
3
tees’ means the Permanent Select Committee on In-
4
telligence of the House of Representatives and the
5
Select Committee on Intelligence of the Senate.
6
‘‘(2) RADIO COMMUNICATION.—The term ‘radio
7
communication’ has the meaning given that term in
8
section 3 of the Communications Act of 1934 (47
9
U.S.C. 153).
10
‘‘(3) SPECIALLY DESIGNATED AREA.—The term
11
‘specially designated area’ means an area designated
12
by the Director as a specially designated area for
13
purposes of this section pursuant to subsection (d).
14
‘‘(4) TITLE 18 TERMS.—The terms ‘electronic
15
communication’, ‘intercept’, ‘oral communication’,
16
and ‘wire communication’ have the meanings given
17
those terms in section 2510 of title 18, United
18
States Code.
19
‘‘(5) UNITED
STATES.—The
term ‘United
20
States’ has the meaning given that term in section
21
5 of title 18, United States Code.
22
‘‘(6) UNMANNED AIRCRAFT SYSTEM.—The term
23
‘unmanned aircraft system’ has the meaning given
24
the term in section 44801 of title 49, United States
25
Code.’’.
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SEC.
6503.
ANNUAL
CENTRAL
INTELLIGENCE
AGENCY
2
WORKPLACE CLIMATE ASSESSMENT.
3
Section 30 of the Central Intelligence Agency Act of
4 1949 (50 U.S.C. 3531) is amended by adding at the end
5 the following:
6
‘‘(d) ANNUAL AGENCY CLIMATE ASSESSMENT.—
7
8
‘‘(1) REQUIREMENT.—Not less frequently than
once every 365 days, the Director shall—
9
10
‘‘(A) complete an Agency climate assessment—
11
‘‘(i) that does not request any infor-
12
mation that would make an Agency em-
13
ployee or the position of an Agency em-
14
ployee identifiable;
15
‘‘(ii) for the purposes of—
16
‘‘(I) preventing and responding
17
to sexual assault and sexual harass-
18
ment; and
19
‘‘(II) examining the prevalence of
20
sexual assault and sexual harassment
21
occurring among the Agency’s work-
22
force; and
23
‘‘(iii) that includes an opportunity for
24
Agency employees to express the opinions
25
of the employees regarding the manner and
26
extent to which the Agency responds to al-
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legations of sexual assault and complaints
2
of sexual harassment, and the effectiveness
3
of such response; and
4
‘‘(B) submit to the appropriate congres-
5
sional committees the findings of the Director
6
with respect to the climate assessment com-
7
pleted pursuant to subparagraph (A).
8
‘‘(2) APPROPRIATE
CONGRESSIONAL COMMIT-
9
TEES DEFINED.—In
10
propriate congressional committees’ means—
this subsection, the term ‘ap-
11
‘‘(A) the Select Committee on Intelligence
12
and the Subcommittee on Defense of the Com-
13
mittee on Appropriations of the Senate; and
14
‘‘(B) the Permanent Select Committee on
15
Intelligence and the Subcommittee on Defense
16
of the Committee on Appropriations of the
17
House of Representatives.’’.
18
SEC. 6504. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS OF
19
THE CENTRAL INTELLIGENCE AGENCY.
20
(a) IN GENERAL.—Section 26 of the Central Intel-
21 ligence Agency Act of 1949 (50 U.S.C. 3527) is amended
22 to read as follows:
23
24
‘‘SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
‘‘(a) ESTABLISHMENT OF CHAPLAIN CORPS.—There
25 is in the Agency a Chaplain Corps, which shall provide
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1 spiritual and religious pastoral services and care across
2 all components of the Agency for employees of all faiths
3 and non-faiths.
4
‘‘(b) CHIEF OF CHAPLAINS.—
5
‘‘(1) IN GENERAL.—The head of the Chaplain
6
Corps shall be the Chief of Chaplains, who shall be
7
appointed by the Director.
8
9
‘‘(2) REPORTING.— The Chief of Chaplains
shall report directly to the Director.
10
‘‘(3) DUTIES.—The Chief of Chaplains shall—
11
‘‘(A) oversee the Chaplain Corps; and
12
‘‘(B) be the proponent for, and consult
13
with the Director on—
14
‘‘(i) all guidance pertaining to chap-
15
lains’ care;
16
‘‘(ii) programming and instruction;
17
and
18
‘‘(iii) any policy or guidance per-
19
taining to religion or religious accommoda-
20
tion.
21
‘‘(4) CONSULTATION.—All appropriate offices
22
of the Agency shall consult with the Chief of Chap-
23
lains on best practices to implement guidance or pol-
24
icy pertaining to religion or religious accommoda-
25
tion.
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‘‘(c) SERVICES.—Chaplains of the Chaplain Corps
2 shall—
3
4
‘‘(1) be located at the headquarters building of
the Agency; and
5
‘‘(2) travel as necessary to provide services to
6
personnel of the Agency.
7
‘‘(d) STAFF.—
8
‘‘(1) MINIMUM STAFFING LEVEL.—The Chap-
9
lain Corps shall be composed of not less than 6
10
chaplains, of which—
11
‘‘(A) not less than 3 shall be full-time staff
12
employees of the Agency; and
13
‘‘(B) not less than 3 shall be government
14
contractors.
15
‘‘(2) VACANCIES.—The Director shall expedi-
16
tiously fill any vacancies.
17
‘‘(3) EXCLUSIVE
ROLE.—A
chaplain of the
18
Chaplain Corps shall serve exclusively in the chap-
19
lain’s role in the Chaplain Corps.
20
‘‘(4) APPOINTMENT; COMPENSATION.—The Di-
21
rector may appoint and fix the compensation of such
22
chaplains of the Chaplain Corps as the Director con-
23
siders appropriate, except that the Director may not
24
provide basic pay to any chaplain of the Chaplain
25
Corps at an annual rate of basic pay in excess of the
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maximum rate of basic pay for grade GS–15 of the
2
General Schedule under section 5332 of title 5,
3
United States Code.
4
‘‘(e) ADMINISTRATION.—The Director shall—
5
‘‘(1) provide security clearances, including one-
6
time read-ins, to chaplains of the Chaplain Corps to
7
ensure that personnel of the Agency can seek unre-
8
stricted chaplaincy counseling; and
9
‘‘(2) furnish physical workspace for the Chap-
10
lain Corps at the headquarters building of the Agen-
11
cy.
12
‘‘(f) PRIVACY.—The Director shall implement privacy
13 standards with respect to the physical workspaces of the
14 Chaplain Corps to ensure privacy for individuals visiting
15 such spaces.
16
‘‘(g) PROTECTION OF CHAPLAIN CORPS.—The Direc-
17 tor may not require a chaplain of the Chaplain Corps to
18 perform any rite, ritual, or ceremony that is contrary to
19 the conscience, moral principles, or religious beliefs of the
20 chaplain or of the ecclesiastical organization that ordains
21 the chaplain.
22
‘‘(h) CERTIFICATIONS TO CONGRESS.—Not less fre-
23 quently than annually, the Director shall certify to Con24 gress whether implementation of this section meets the re25 quirements of this section.’’.
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2
(b) APPLICABILITY
QUIREMENT.—The
OF
MINIMUM STAFFING RE-
minimum staffing level required by
3 subsection (d)(1) of section 26 (as amended by subsection
4 (a)) shall apply on and after the date that is 120 days
5 after the date of the enactment of this Act.
6
SEC. 6505. TECHNICAL AMENDMENT TO PROCUREMENT AU-
7
THORITIES
8
AGENCY.
9
OF
CENTRAL
INTELLIGENCE
Section 3(a) of the Central Intelligence Agency Act
10 of 1949 (50 U.S.C. 3503(a)) is amended by striking
11 ‘‘3069’’ and inserting ‘‘3066’’.
13
Subtitle B—Elements of
Department of Defense
14
SEC. 6511. COUNTERINTELLIGENCE BRIEFINGS FOR MEM-
15
BERS OF THE ARMED FORCES.
12
16
(a) DEFINITIONS.—In this section:
17
(1) COVERED INDIVIDUAL.—The term ‘‘covered
18
individual’’ has the meaning given such term in sec-
19
tion 989(h) of title 10, United States Code.
20
(2) GOVERNMENT OF CONCERN; COMPANY OF
21
CONCERN.—The terms ‘‘government of concern’’ and
22
‘‘company of concern’’ mean, respectively, a govern-
23
ment described in subparagraph (A) of section
24
989(h)(2) of title 10, United States Code, and a
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company, entity, or other person described in sub-
2
paragraph (B) of such section.
3
(b) IN GENERAL.—The Under Secretary of Defense
4 for Intelligence and Security shall issue appropriate policy
5 to require the military departments to conduct counter6 intelligence briefings for members of the Armed Forces as
7 part of the process required by section 989(c) of title 10,
8 United States Code.
9
(c) ELEMENTS.—Each briefing provided under sub-
10 section (b) shall provide members of the Armed Forces
11 with—
12
(1) awareness of methods commonly used by
13
governments and companies of concern to solicit and
14
learn from covered individuals sensitive military
15
techniques, tactics, and procedures of the Armed
16
Forces;
17
(2) recommended practices for covered individ-
18
uals to avoid an activity that could subject such indi-
19
viduals to civil or criminal penalties;
20
(3) the contact information for the counterintel-
21
ligence authorities to whom covered individuals
22
should report attempted recruitment or a related
23
suspicious contact; and
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(4) an overview of the prohibition and penalties
2
under subsections (a) and (c) of section 989 of title
3
10, United States Code.
4
(d)
PROVISION
OF
BRIEFINGS
AT
CERTAIN
5 TRAININGS.—The Under Secretary may mandate the
6 briefings required by subsection (b) during the trainings
7 required by Department of Defense Directive 5240.06 (re8 lating to counterintelligence awareness and reporting), or
9 successor document.
11
Subtitle C—Federal Bureau of
Investigation
12
SEC. 6521. NOTICE OF COUNTERINTELLIGENCE ASSESS-
13
MENTS AND INVESTIGATIONS BY THE FED-
14
ERAL BUREAU OF INVESTIGATION OF CAN-
15
DIDATES FOR OR HOLDERS OF FEDERAL OF-
16
FICE.
10
17
Title V of the National Security Act of 1947 (50
18 U.S.C. 3091 et seq.), as amended by section 6303 of this
19 Act, is further amended by adding at the end the following
20 new section:
21
‘‘SEC. 518. NOTICE OF COUNTERINTELLIGENCE ASSESS-
22
MENTS AND INVESTIGATIONS OF FEDERAL
23
CANDIDATES OR OFFICEHOLDERS.
24
‘‘(a) NOTICE.—
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1
‘‘(1) NOTICE REQUIRED.—Except as provided
2
in paragraph (3), the Director of the Federal Bu-
3
reau of Investigation shall notify the chairmen and
4
ranking minority members of the appropriate con-
5
gressional committees, the Speaker and minority
6
leader of the House of Representatives, and the ma-
7
jority and minority leaders of the Senate of each
8
counterintelligence assessment or investigation of an
9
individual who is—
10
‘‘(A) a candidate for Federal office; or
11
‘‘(B) a holder of Federal office.
12
13
‘‘(2) CONTENTS.—The notice required under
paragraph (1) shall include—
14
‘‘(A) a summary of the relevant facts asso-
15
ciated with the counterintelligence assessment
16
or investigation; and
17
‘‘(B) the identity of such individual.
18
‘‘(3) EXCEPTION.—The Director may refrain
19
from providing a notice under paragraph (1) to an
20
individual who is otherwise a recipient of notices
21
under such paragraph if that individual is a target
22
of the counterintelligence assessment or investigation
23
covered by the notice.
24
‘‘(b) TIMING.—The Director shall provide each notice
25 under subsection (a) not later than 15 days after the date
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1 of the commencement of the counterintelligence assess2 ment or investigation that is the subject of such notice.
3 With respect to counterintelligence assessments or inves4 tigations that commenced before the date of the enactment
5 of this section and are ongoing as of such date of enact6 ment, the Director shall provide each notice under sub7 section (a) not later than 15 days after such date of enact8 ment.
9
‘‘(c) DEFINITIONS.—In this section:
10
11
‘‘(1) The term ‘appropriate congressional committees’ means—
12
‘‘(A) the congressional intelligence commit-
13
tees; and
14
‘‘(B) the Committees on the Judiciary of
15
the House of Representatives and the Senate.
16
‘‘(2) The terms ‘candidate’ and ‘Federal office’
17
have the meanings given those terms in section 301
18
of the Federal Election Campaign Act of 1971 (52
19
U.S.C. 30101).’’.
20
SEC. 6522. NOTIFICATION OF MATERIAL CHANGES TO POLI-
21
CIES
22
RORIST WATCHLIST AND TRANSNATIONAL
23
ORGANIZED CRIME WATCHLIST.
24
(a) NOTIFICATION OF MATERIAL CHANGES.—
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OR
PROCEDURES
GOVERNING
TER-
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1
(1) NOTIFICATION REQUIRED.—The Director of
2
the Federal Bureau of Investigation shall submit to
3
the appropriate congressional committees notice of
4
any material change to a policy or procedure relating
5
to the terrorist watchlist or the transnational orga-
6
nized crime watchlist, including any change to the
7
policy or procedure for adding or removing a person
8
from either watchlist. Each notification under this
9
subsection shall include a summary of the material
10
changes to such policy or procedure.
11
(2) TIMING OF NOTIFICATION.—Each notifica-
12
tion required under paragraph (1) shall be sub-
13
mitted not later than 30 days after the date on
14
which a material change described in paragraph (1)
15
takes effect.
16
(b) REQUESTS BY APPROPRIATE COMMITTEES.—Not
17 later than 30 days after receiving a request from an ap18 propriate congressional committee, the Director of the
19 Federal Bureau of Investigation shall submit to such com20 mittee all guidance in effect as of the date of the request
21 that applies to or governs the use of the terrorist watchlist
22 or the transnational organized crime watchlist.
23
(c) DEFINITIONS.—In this section:
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1
(1) APPROPRIATE
2
TEES.—The
3
mittees’’ means—
4
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
(A) the congressional intelligence commit-
5
tees;
6
(B) the Committees on Appropriations of
7
the Senate and the House of Representatives;
8
(C) the Committees on the Judiciary of the
9
Senate and the House of Representatives; and
10
(D) the Committee on Homeland Security
11
and Governmental Affairs of the Senate and the
12
Committee on Homeland Security of the House
13
of Representatives.
14
(2) TERRORIST WATCHLIST.—The term ‘‘ter-
15
rorist watchlist’’ means the Terrorist Screening
16
Dataset or any successor or similar watchlist.
17
(3)
TRANSNATIONAL
ORGANIZED
CRIME
18
WATCHLIST.—The
19
crime watchlist’’ means the watchlist maintained
20
under the Transnational Organized Crime Actor De-
21
tection Program or any successor or similar
22
watchlist.
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term ‘‘transnational organized
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1
SEC. 6523. ANNUAL REPORT ON UNITED STATES PERSONS
2
ON THE TERRORIST WATCH LIST.
3
(a) REPORT.—Not later than January 31, 2026, and
4 annually thereafter for two years, the Director of the Fed5 eral Bureau of Investigation shall submit to the appro6 priate congressional committees a report on known or pre7 sumed United States persons who are included on the ter8 rorist watchlist.
9
(b) CONTENTS.—Each report required under sub-
10 section (a) shall include, with respect to the preceding cal11 endar year, the following information:
12
(1) The total number of persons who were in-
13
cluded on the terrorist watchlist as of January 1 and
14
the total number of such persons included as of De-
15
cember 31.
16
(2) The total number of known or presumed
17
United States persons who were included on the ter-
18
rorist watchlist as of January 1 and the total num-
19
ber of such persons included as of December 31, in-
20
cluding with respect to each of those dates—
21
(A) the number of known or presumed
22
United States persons who were included on a
23
no fly list;
24
(B) the number of known or presumed
25
United States persons who were included on a
26
selectee list for additional screening;
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1
(C) the number of known or presumed
2
United States persons who were included on the
3
terrorist watchlist as an exception to a reason-
4
able suspicion standard and who are not subject
5
to additional screening, but who are included on
6
the list to support specific screening functions
7
of the Federal Government;
8
(D) the name of each terrorist organiza-
9
tion with which the known or presumed United
10
States persons are suspected of being affiliated
11
and the number of such persons who are sus-
12
pected of affiliating with each such terrorist or-
13
ganization; and
14
(E) an identification of each Federal agen-
15
cy that nominated the United States persons to
16
the terrorist watchlist and the number of such
17
persons nominated by each Federal agency.
18
(c) DEFINITIONS.—In this section:
19
(1) APPROPRIATE
20
TEES.—The
21
mittees’’ means—
22
23
24
25
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CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
(A) the congressional intelligence committees;
(B) the Committees on Appropriations of
the Senate and the House of Representatives;
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1
(C) the Committees on the Judiciary of the
2
Senate and the House of Representatives; and
3
(D) the Committee on Homeland Security
4
and Governmental Affairs of the Senate and the
5
Committee on Homeland Security of the House
6
of Representatives.
7
(2) TERRORIST WATCHLIST.—The term ‘‘ter-
8
rorist watchlist’’ means the Terrorist Screening
9
Dataset or any successor or similar watchlist.
10
(3)
UNITED
STATES
PERSON.—The
term
11
‘‘United States person’’ has the meaning given the
12
term in section 101 of the Foreign Intelligence Sur-
13
veillance Act of 1978 (50 U.S.C. 1801).
14
SEC. 6524. ANNUAL REPORT ON FEDERAL BUREAU OF IN-
15
16
VESTIGATION CASE DATA.
Title V of the National Security Act of 1947 (50
17 U.S.C. 3091 et seq.) is amended by inserting after section
18 512 the following:
19
‘‘SEC. 512A. ANNUAL REPORT ON FEDERAL BUREAU OF IN-
20
21
VESTIGATION CASE DATA.
‘‘(a) ANNUAL REPORT.—Not later than 30 days after
22 the date of the enactment of this section, and annually
23 thereafter, the Director of the Federal Bureau of Inves24 tigation shall submit to the congressional intelligence com25 mittees, the Committee on the Judiciary of the Senate,
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1 and the Committee on the Judiciary of the House of Rep2 resentatives a report containing data on cases of the Fed3 eral Bureau of Investigation for the fiscal year preceding
4 the fiscal year in which the report is submitted.
5
‘‘(b) ELEMENTS.—Each report required by sub-
6 section (a) shall include, for the fiscal year covered by the
7 report, the number of active cases, the number of unique
8 cases, and the number of cases opened, for each of the
9 following:
10
‘‘(1) Russia counterintelligence cases.
11
‘‘(2) China counterintelligence cases.
12
‘‘(3) Espionage or leak cases.
13
‘‘(4)
14
counterintelligence
cases,
‘‘(5) Cartel and other transnational criminal organization counterterrorism cases.
17
18
other
disaggregated by country affiliation.
15
16
All
‘‘(6) All other international counterterrorism
cases, disaggregated by country affiliation.
19
‘‘(7) Russia cyber national security cases.
20
‘‘(8) China cyber national security cases.
21
‘‘(9) All other cyber national security cases,
22
disaggregated by country affiliation.
23
‘‘(c) FORM.—Each report required by subsection (a)
24 shall be submitted in unclassified form, but may include
25 a classified annex.’’.
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TITLE LXVI—ARTIFICIAL INTEL2
LIGENCE AND OTHER EMERG3
ING TECHNOLOGIES
4 Subtitle A—Artificial Intelligence
1
5
SEC. 6601. ARTIFICIAL INTELLIGENCE SECURITY GUID-
6
7
ANCE.
Section 6504 of the Intelligence Authorization Act for
8 Fiscal Year 2025 (division F of Public Law 118–159) is
9 amended—
10
(1) in subsection (c)—
11
(A) by redesignating paragraph (3) as
12
paragraph (4); and
13
(B) by inserting after paragraph (2) the
14
following new paragraph (3):
15
‘‘(3) In accordance with subsection (d), devel-
16
oping security guidance to defend artificial intel-
17
ligence technologies from technology theft by nation-
18
state adversaries.’’;
19
20
(2) by redesignating subsection (d) as subsection (e); and
21
(3) by inserting after subsection (c) the fol-
22
lowing:
23
‘‘(d) ARTIFICIAL INTELLIGENCE SECURITY GUID-
24
ANCE.—
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1
‘‘(1) ELEMENTS.—In developing the guidance
2
pursuant to subsection (c)(3), the Director of the
3
National Security Agency shall—
4
‘‘(A) identify vulnerabilities in advanced
5
artificial intelligence technologies, with a focus
6
on cybersecurity risks and security challenges
7
unique to protecting such technologies from
8
theft or sabotage by nation-state adversaries;
9
‘‘(B) identify elements of the artificial in-
10
telligence supply chain or development or prod-
11
uct lifecycle that, if accessed by nation-state ad-
12
versaries, would contribute to progress made by
13
nation-state adversaries on advanced artificial
14
intelligence or would provide opportunities to
15
adversaries to compromise the confidentiality,
16
integrity, or availability of artificial intelligence
17
systems or associated supply chains; and
18
‘‘(C) identify strategies for artificial intel-
19
ligence technologies to identify, protect, detect,
20
respond, and recover from nation-state adver-
21
sary cyber threats.
22
‘‘(2) EXTERNAL
COLLABORATION.—In
devel-
23
oping the guidance pursuant to subsection (c)(3),
24
the Director of the National Security Agency may
25
collaborate, on a voluntary basis, with other depart-
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1
ments and agencies of the United States Govern-
2
ment, research entities, and private sector entities,
3
as determined appropriate by the Director, on artifi-
4
cial intelligence model safety and security, including
5
through the provision of any computing resources
6
the Director determines appropriate.
7
‘‘(3) SECURITY GUIDANCE FORM.—The Direc-
8
tor of the National Security Agency shall publish,
9
and may update from time to time, the security
10
guidance developed under subsection (c)(3) to share
11
with departments and agencies of the United States
12
Government, research entities, and private sector en-
13
tities, as determined appropriate by the Director, at
14
unclassified or classified levels.’’.
15
SEC. 6602. ARTIFICIAL INTELLIGENCE DEVELOPMENT AND
16
USAGE BY INTELLIGENCE COMMUNITY.
17
(a) CHIEF ARTIFICIAL INTELLIGENCE OFFICERS
18
FOR ELEMENTS OF THE INTELLIGENCE COMMUNITY.—
19 Section 6702 of the Intelligence Authorization Act for Fis20 cal Year 2023 (50 U.S.C. 3334m) is amended—
21
(1) in subsection (a), by striking ‘‘the officials’’
22
and inserting ‘‘the Chief Artificial Intelligence Offi-
23
cers’’; and
24
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1
(A) in the subsection heading, by striking
2
‘‘LEADS’’ and inserting ‘‘CHIEF ARTIFICIAL IN-
3
TELLIGENCE OFFICERS’’;
4
(B) by striking ‘‘the designated element
5
lead responsible’’ and inserting ‘‘the designated
6
Chief Artificial Intelligence Officer, with lead
7
responsibility’’; and
8
(C) by striking ‘‘designated element leads’’
9
and inserting ‘‘designated Chief Artificial Intel-
10
ligence Officers’’.
11
12
(b) IDENTIFICATION OF COMMONLY USED ARTIFIINTELLIGENCE SYSTEMS AND FUNCTIONS THAT
CIAL
13 CAN BE RE-USED BY OTHER ELEMENTS.—Not later than
14 1 year after the date of the enactment of this Act, the
15 Chief Information Officer of the Intelligence Community
16 shall, in coordination with the Chief Artificial Intelligence
17 Officer of the Intelligence Community, identify commonly
18 used artificial intelligence systems or functions that have
19 the greatest potential for re-use without significant modi20 fication by other intelligence community elements.
21
(c) SHARING OF IDENTIFIED APPLICATIONS AND
22 FUNCTIONS.—To the extent consistent with the protection
23 of intelligence sources and methods, for any artificial intel24 ligence system or function identified pursuant to sub25 section (b), each Chief Artificial Intelligence Officer of an
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1 element of the intelligence community shall adopt a policy
2 to promote the sharing, to the extent practical, of any cus3 tom-developed code and other key technical components,
4 including models and model weights, whether agency-de5 veloped or procured, with other elements of the intelligence
6 community that rely on common artificial intelligence sys7 tems or functions.
8
(d) MODEL CONTRACT TERMS.—The Chief Informa-
9 tion Officer of the Intelligence Community shall provide
10 the elements of the intelligence community with model
11 contractual terms for consideration by the heads of those
12 elements to appropriately address technical data rights
13 and rights related to artificial intelligence dataset require14 ments, minimize dependency on proprietary information,
15 and promote the adoption of procurement practices that
16 encourage competition to sustain a robust marketplace for
17 artificial intelligence products and services, including
18 through contractual preferences for interoperable artificial
19 intelligence products and services.
20
(e) TRACKING AND EVALUATING PERFORMANCE.—
21 Each head of an element of the intelligence community
22 shall track and evaluate performance of procured and ele23 ment-developed artificial intelligence, including efficacy,
24 safety, fairness, transparency, accountability, appropriate25 ness, lawfulness, and trustworthiness.
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1
SEC. 6603. APPLICATION OF ARTIFICIAL INTELLIGENCE
2
POLICIES OF THE INTELLIGENCE COMMU-
3
NITY
4
HOSTED IN CLASSIFIED ENVIRONMENTS.
5
TO
PUBLICLY
AVAILABLE
MODELS
(a) IN GENERAL.—Section 6702 of the Intelligence
6 Authorization Act for Fiscal Year 2023 (50 U.S.C.
7 3334m), as amended by section 6602 of this Act, is fur8 ther amended—
9
10
(1) in subsection (a), by striking ‘‘subsection
(c)’’ and inserting ‘‘subsection (e)’’;
11
12
(2) by redesignating subsection (c) as subsection (e); and
13
(3) by inserting after subsection (b) the fol-
14
lowing:
15
‘‘(c) APPLICATION OF POLICIES TO PUBLICLY AVAIL-
16
ABLE
17
MENTS.—In carrying out subsections (a) and (b), the Di-
MODELS HOSTED
IN
CLASSIFIED ENVIRON-
18 rector shall ensure that the policies established under such
19 subsections apply to the greatest extent possible to artifi20 cial intelligence models generally available to the public
21 and hosted in classified environments.
22
‘‘(d) TESTING STANDARDS AND BENCHMARKS.—
23
‘‘(1) ESTABLISHMENT.—The Chief Artificial
24
Intelligence Officer of the Intelligence Community,
25
or any officer designated by the Director of National
26
Intelligence, shall establish standards for testing of
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1
artificial intelligence models in proportion to risk, in-
2
cluding benchmarks and methodologies for the per-
3
formance, efficacy, safety, fairness, transparency, ac-
4
countability, appropriateness, lawfulness, and trust-
5
worthiness of artificial intelligence models across
6
common use cases, including machine translation,
7
object detection, and object recognition.
8
‘‘(2)
IDENTIFICATION
OF
COMPUTING
9
MODEL.—The Chief Artificial Intelligence Officer of
10
the Intelligence Community, in coordination with the
11
Chief Artificial Intelligence Officers of the elements
12
of the intelligence community, shall set standards for
13
an appropriate secure computing environment, at a
14
level (or multiple levels) of classification deemed ap-
15
propriate, for elements of the intelligence community
16
to engage in testing and evaluation of models prior
17
to acquisition.’’.
18
(b) RULE
OF
CONSTRUCTION.—Nothing in sub-
19 section (c) or (d) of section 6702 of the Intelligence Au20 thorization Act for Fiscal Year 2023 (50 U.S.C. 3334m),
21 as added by subsection (a)(3) of this section, shall be con22 strued—
23
(1) to authorize an officer or employee of the
24
intelligence community to direct a vendor or pro-
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1
spective vendor to alter a model to favor a particular
2
viewpoint; or
3
(2) to apply to, limit, restrict, or otherwise af-
4
fect any department, agency, or division or function
5
of a department or agency outside of the intelligence
6
community.
7
(c) UPDATES.—The Director shall make such revi-
8 sions to the policies issued under subsections (a) and (b)
9 of section 6702 of such Act as the Director considers nec10 essary.
11
SEC. 6604. PROHIBITION ON USE OF DEEPSEEK ON INTEL-
12
LIGENCE COMMUNITY SYSTEMS.
13
(a) PROHIBITION.—The Director of National Intel-
14 ligence, in consultation with the other heads of the ele15 ments of the intelligence community, shall develop stand16 ards and guidelines for elements of the intelligence com17 munity that require the removal of any covered application
18 from national security systems operated by an element of
19 the intelligence community, a contractor to an element of
20 the intelligence community, or another entity on behalf of
21 an element of the intelligence community.
22
23
(b) APPLICABILITY OF INFORMATION SECURITY REQUIREMENTS.—The
standards and guidelines developed
24 under subsection (a) shall be consistent with the informa-
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1 tion security requirements under subchapter II of chapter
2 35 of title 44, United States Code.
3
4
(c) NATIONAL SECURITY AND RESEARCH EXCEPTIONS.—The
standards and guidelines developed under
5 subsection (a) shall include—
6
7
(1) exceptions for national security purposes
and research activities; and
8
(2) risk mitigation standards and guidelines
9
that shall apply in the case of an exception described
10
in paragraph (1).
11
(d) INITIAL STANDARDS AND GUIDELINES.—The Di-
12 rector of National Intelligence shall develop the initial
13 standards and guidelines under subsection (a) not later
14 than 60 days after the date of the enactment of this Act.
15
(e) DEFINITIONS.—In this section:
16
(1) COVERED APPLICATION.—The term ‘‘cov-
17
ered application’’ means the DeepSeek application or
18
any successor application or service.
19
(2) NATIONAL SECURITY SYSTEM.—The term
20
‘‘national security system’’ has the meaning given
21
the term in section 3552 of title 44, United States
22
Code.
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1
Subtitle B—Biotechnology
2
SEC. 6611. SENIOR OFFICIALS FOR BIOTECHNOLOGY.
3
(a) DESIGNATION REQUIRED.—Title I of the Na-
4 tional Security Act of 1947 (50 U.S.C. 3021 et seq.) is
5 amended by adding at the end the following new section:
6
‘‘SEC. 123. DESIGNATION OF SENIOR OFFICIALS FOR BIO-
7
8
TECHNOLOGY.
‘‘(a) DESIGNATION.—The head of each element of the
9 intelligence community specified in subsection (b) shall
10 designate a senior official of such element to serve as the
11 official responsible for coordinating the activities of such
12 element relating to biotechnology, as those activities are
13 determined and directed by the head of such element.
14
‘‘(b) SPECIFIED ELEMENTS.—The elements of the
15 intelligence community specified in this subsection are the
16 following:
17
18
‘‘(1) The Office of the Director of National Intelligence.
19
‘‘(2) The Central Intelligence Agency.
20
‘‘(3) The National Security Agency.
21
‘‘(4) The Defense Intelligence Agency.
22
‘‘(5) The intelligence elements of the Federal
23
Bureau of Investigation.
24
25
‘‘(6) The Office of Intelligence and Counterintelligence of the Department of Energy.
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1
‘‘(c) NOTICE TO CONGRESS.—Not later than 15 days
2 after designating a senior official under this section, the
3 head of the element of the intelligence community desig4 nating such official shall submit notice of the designation
5 to—
6
‘‘(1) the congressional intelligence committees
7
and the Committees on Appropriations of the Senate
8
and the House of Representatives; and
9
‘‘(2) in the case of a designation relating to the
10
Federal Bureau of Investigation, the Committees on
11
the Judiciary of the Senate and the House of Rep-
12
resentatives.’’.
13
(b) INITIAL DESIGNATION.—The head of each ele-
14 ment of the intelligence community required to designate
15 a senior official of such element under section 123 of the
16 National Security Act of 1947, as added by subsection (a)
17 of this section, shall designate such senior official not later
18 than 90 days after the date of the enactment of this Act.
19
SEC. 6612. PLAN ON ENHANCED INTELLIGENCE SHARING
20
RELATING
21
TECHNOLOGICAL THREATS.
22
TO
FOREIGN
ADVERSARY
BIO-
(a) PLAN.—Not later than 90 days after the date of
23 the enactment of this Act, the Director of National Intel24 ligence, in consultation with such other heads of elements
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1 of the intelligence community as the Director considers
2 appropriate, shall—
3
(1) develop and commence carrying out a plan,
4
consistent with Executive Order 13526 and with
5
adequate protections for sources and methods, for
6
streamlining the declassification or downgrading and
7
sharing of intelligence information relating to bio-
8
technological developments and threats in order to
9
counter efforts by foreign adversaries to weaponize
10
biotechnologies and biological weapons, including
11
threats relating to military, industrial, agricultural,
12
and health applications of biotechnology; and
13
(2) submit to the appropriate congressional
14
committees such plan.
15
(b) RECIPIENTS.—The plan under subsection (a)
16 shall include mechanisms for sharing the intelligence in17 formation described in such subsection—
18
19
(1) with allies and partners of the United
States;
20
21
(2) with private sector partners of the United
States; and
22
23
(3) across the Federal Government.
(c) REPORTS.—Not later than 1 year after the date
24 of the enactment of this Act, and annually thereafter for
25 2 years, the Director shall submit to the appropriate con-
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1 gressional committees a report on the progress made by
2 the intelligence community with respect to sharing intel3 ligence information relating to biotechnological develop4 ments and threats with recipients specified in subsection
5 (b).
6
(d) APPROPRIATE CONGRESSIONAL COMMITTEES
7 DEFINED.—In this section, the term ‘‘appropriate con8 gressional committees’’ means the following:
9
(1) The congressional intelligence committees.
10
(2) The Committees on Armed Services of the
11
Senate and the House of Representatives.
12
(3) The Committee on Homeland Security and
13
Governmental Affairs of the Senate and the Com-
14
mittee on Homeland Security of the House of Rep-
15
resentatives.
16
SEC. 6613. ENHANCING BIOTECHNOLOGY TALENT WITHIN
17
THE INTELLIGENCE COMMUNITY.
18
(a) PLAN.—Not later than 90 days after the date of
19 the enactment of this Act, the Director of National Intel20 ligence shall develop a plan to use existing and future
21 funding and resources of the intelligence community to en22 sure the intelligence community has sufficient personnel
23 with appropriate security clearances, including private-sec24 tor experts, to identify and respond to biotechnology
25 threats.
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1
(b) ELEMENTS.—The plan required by subsection (a)
2 shall include the following:
3
(1) An identification of the exact number of
4
personnel dedicated to biotechnology threats other
5
than biological weapons in each element of the intel-
6
ligence community as of the date on which such plan
7
is completed, including personnel breakdowns by po-
8
sition function.
9
(2) An identification of the exact number of
10
personnel dedicated to biological weapons issues in
11
each element of the intelligence community as of
12
such date, including personnel breakdowns by posi-
13
tion function.
14
(3) An identification of areas within the intel-
15
ligence community with respect to which the addi-
16
tion of full-time employees or detailees may be ap-
17
propriate to address biotechnology expertise gaps.
18
(4) Strategies for increasing partnerships with
19
the National Laboratories (as defined in section 2 of
20
the Energy Policy Act of 2005 (42 U.S.C. 15801))
21
and other government and private-sector entities, in-
22
cluding strategies for using existing funding and re-
23
sources of the intelligence community to secure ex-
24
pertise on biotechnology issues and provide appro-
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1
priate security clearances to personnel who can pro-
2
vide such expertise.
3
(5) Strategies to make use of special hiring au-
4
thorities to ensure the intelligence community has
5
sufficient personnel to inform analysis and provide
6
independent recommendations to address emerging
7
biotechnology threats.
8
(6) Strategies to increase recruitment and re-
9
tention of persons with biotechnology expertise.
10
(c) IMPLEMENTATION.—Not later than 180 days
11 after the completion of the plan required by subsection
12 (a), the Director of National Intelligence shall direct the
13 funding and resources described in subsection (b)(4) to14 wards securing sufficient expertise to identify and respond
15 to biotechnology threats.
16
SEC. 6614. ENHANCED INTELLIGENCE COMMUNITY SUP-
17
PORT TO SECURE UNITED STATES BIOLOGI-
18
CAL DATA.
19
(a) IN GENERAL.—The Director of National Intel-
20 ligence, in consultation with such other heads of elements
21 of the intelligence community as the Director considers
22 appropriate, shall provide support to and consult with the
23 Federal Bureau of Investigation, the Committee on For24 eign Investment in the United States, and other Federal
25 agencies as appropriate when reviewing transactions relat-
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1 ing to the acquisition of covered entities by foreign entities
2 of concern, including attempts by the Government of the
3 People’s Republic of China—
4
5
(1) to leverage and acquire biological data in
the United States; and
6
(2) to leverage and acquire biological data out-
7
side the United States, including by providing eco-
8
nomic support to the military, industrial, agricul-
9
tural, or health care infrastructure of foreign coun-
10
tries.
11
(b) BRIEFING.—Not later than 90 days after the date
12 of the enactment of this Act, the Director of National In13 telligence shall brief the appropriate congressional com14 mittees on—
15
(1) a formal process for ensuring intelligence
16
community support to Federal agencies relating to
17
adversary acquisition of biological data, in compli-
18
ance with Executive Order 14117 (50 U.S.C. 1701
19
note; relating to preventing access to Americans’
20
bulk sensitive personal data and United States Gov-
21
ernment-related data by countries of concern), or
22
any successor order; and
23
(2) any additional resources or authorities need-
24
ed to provide intelligence community support under
25
subsection (b)(1).
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1
(c) DEFINITIONS.—In this section:
2
(1) APPROPRIATE
3
TEES.—The
4
mittees’’ means—
5
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
(A) the congressional intelligence commit-
6
tees;
7
(B) the congressional defense committees
8
(as such term is defined in section 101(a) of
9
title 10, United States Code);
10
(C) the Committee on Foreign Relations,
11
the Committee on the Judiciary, and the Com-
12
mittee on Banking, Housing, and Urban Affairs
13
of the Senate; and
14
(D) the Committee on Foreign Affairs, the
15
Committee on the Judiciary, and the Com-
16
mittee on Financial Services of the House of
17
Representatives.
18
(2) BIOLOGICAL DATA.—The term ‘‘biological
19
data’’ means multiomic information and other rel-
20
evant information, including associated descriptors,
21
derived from the structure, function, or process of a
22
biological system, that is either measured, collected,
23
or aggregated for analysis, including information
24
from humans, animals, plants, or microbes.
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1
(3) COVERED ENTITY.—The term ‘‘covered en-
2
tity’’ means a private entity involved in biological
3
data (including biological data equipment, tech-
4
nologies, sequencing, or synthesis), including a
5
biobank or other private entity that holds large
6
amounts of biological data.
7
(4) FOREIGN ENTITY OF CONCERN.—The term
8
‘‘foreign entity of concern’’ has the meaning given
9
that term in section 10612(a) of the Research and
10
Development, Competition, and Innovation Act (divi-
11
sion B of Public Law 117–167; 42 U.S.C.
12
19221(a)).
13
SEC. 6615. ENSURING INTELLIGENCE COMMUNITY PRO-
14
CUREMENT OF DOMESTIC UNITED STATES
15
PRODUCTION OF SYNTHETIC DNA AND RNA.
16
(a) IN GENERAL.—Not later than 90 days after the
17 date of the enactment of this Act, the Director of National
18 Intelligence, in consultation with such other heads of ele19 ments of the intelligence community as the Director con20 siders appropriate, shall establish a policy to ensure that
21 elements of the intelligence community that procure prod22 ucts made using synthetic DNA or RNA from domestic
23 sources do not contract with Chinese biotechnology sup24 pliers or Chinese biotechnology supply chain inter-
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1 mediaries that are determined by the Director to pose a
2 security or supply chain threat to the United States.
3
(b) ELEMENTS.—The policy required by subsection
4 (a) shall provide that an element of the intelligence com5 munity may not—
6
7
(1) procure or obtain any product made using
synthetic DNA or RNA unless—
8
(A) the final assembly or processing of the
9
product occurs in the United States;
10
(B) all significant processing of the prod-
11
uct occurs in the United States; and
12
(C) all or nearly all ingredients or compo-
13
nents of the product are made and sourced in
14
the United States or an allied nation; or
15
(2) contract with any Chinese biotechnology
16
supplier or Chinese biotechnology supply chain inter-
17
mediary that is determined by the Director to pose
18
a security or supply chain threat to the United
19
States.
20
(c) WAIVER.—As part of the policy required by sub-
21 section (a), the Director of National Intelligence may es22 tablish a waiver process for the heads of the elements of
23 the intelligence community under which the head of the
24 relevant element may waive the prohibition under sub25 section (b). A waiver may be made under the process only
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1 if the head of the relevant element complies with any con2 ditions the Director may establish for the waiver process.
3
(d) DEFINITIONS.—In this section:
4
(1)
BIOTECHNOLOGY.—The
term
‘‘bio-
5
technology’’ means the use of biological processes,
6
organisms, or systems for manufacturing, research,
7
or medical purposes, including genetic engineering,
8
synthetic biology, and bioinformatics.
9
(2) CHINESE BIOTECHNOLOGY SUPPLIER.—The
10
term ‘‘Chinese biotechnology supplier’’ means a sup-
11
plier of biotechnology that is organized under the
12
laws of, or otherwise subject to the jurisdiction of,
13
the People’s Republic of China.
14
(3) CHINESE BIOTECHNOLOGY SUPPLY CHAIN
15
INTERMEDIARY.—The
16
supply chain intermediary’’ means a United States
17
domestic supplier of biotechnology where a control-
18
ling interest in the United States domestic supplier
19
is owned by the People’s Republic of China.
term ‘‘Chinese biotechnology
20
(4) SYNTHETIC DNA OR RNA.—The term ‘‘syn-
21
thetic DNA or RNA’’ means any nucleic acid se-
22
quence that is produced de novo through chemical or
23
enzymatic synthesis.
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1
SEC. 6616. STRATEGY FOR ADDRESSING INTELLIGENCE
2
GAPS RELATING TO CHINA’S INVESTMENT IN
3
UNITED STATES-ORIGIN BIOTECHNOLOGY.
4
(a) IN GENERAL.—Not later than 90 days after the
5 date of the enactment of this Act, the Director of National
6 Intelligence, in coordination with the officials specified in
7 subsection (b), shall submit to the President, the congres8 sional intelligence committees, and the congressional de9 fense committees (as defined in section 101(a) of title 10,
10 United States Code) a strategy for addressing intelligence
11 gaps relating to (1) investment activity by the People’s
12 Republic of China in the biotechnology sector of the
13 United States; and (2) acquisition by entities of the Peo14 ple’s Republic of China of intellectual property relating to
15 United States-origin biotechnology. The strategy shall in16 clude any authorities or resources needed to address these
17 gaps.
18
(b) OFFICIALS SPECIFIED.—The officials specified in
19 this subsection are the following:
20
21
(1) The Director of the Central Intelligence
Agency.
22
23
(2) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
24
25
(3) The Director of the Defense Intelligence
Agency.
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1
(4) The Director of the Office of Intelligence
2
and Counterintelligence of the Department of En-
3
ergy.
4
5
(5) The Assistant Secretary of State for Intelligence and Research.
6
(6) The heads of such other elements of the in-
7
telligence community as the Director of National In-
8
telligence considers appropriate.
9
Subtitle C—Other Matters
10
SEC. 6621. ENHANCING INTELLIGENCE COMMUNITY TECH-
11
12
13
NOLOGY ADOPTION METRICS.
(a) METRIC DEVELOPMENT
AND
IMPLEMENTA-
TION.—Not later than 270 days after the date of the en-
14 actment of this Act, the Director of National Intelligence,
15 the Director of the Central Intelligence Agency, the Direc16 tor of the National Security Agency, the Director of the
17 National Geospatial-Intelligence Agency, the Director of
18 the National Reconnaissance Office, and the Director of
19 the Defense Intelligence Agency shall each develop and im20 plement a process (which may be different from the proc21 esses of the other elements) that makes use of a single
22 set of metrics to assess, on an agency-wide, aggregate
23 basis, the success of the agency’s efforts regarding the
24 adoption, integration, and operational impact of the most
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1 relevant emerging technologies within the respective agen2 cies of those Directors.
3
(b) BRIEFING.—Not later than one year after the
4 date of enactment of this Act, the head of each agency
5 described in subsection (a) shall provide to the congres6 sional intelligence committees and the Committees on Ap7 propriations of the Senate and the House of Representa8 tives a briefing on the implementation of this section, in9 cluding—
10
11
(1) the metrics established under subsection
(a);
12
13
(2) the success of the element toward meeting
such metrics; and
14
(3) any recommendations of the head of such
15
agency for legislative or regulatory reforms to im-
16
prove technology adoption.
17
(c) DEFINITIONS.—In this section, the term ‘‘emerg-
18 ing technology’’ has the meaning given such term in sec19 tion 6701 of the Intelligence Authorization Act for Fiscal
20 Year 2023 (division F of Public Law 117–263; 50 U.S.C.
21 3024 note).
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1
SEC. 6622. REPORT ON IDENTIFICATION OF INTELLIGENCE
2
COMMUNITY SITES FOR ADVANCED NUCLEAR
3
TECHNOLOGIES.
4
(a) DEFINITION OF APPROPRIATE COMMITTEES OF
5 CONGRESS.—In this section, the term ‘‘appropriate com6 mittees of Congress’’ means—
7
(1) the congressional intelligence committees;
8
(2) the Committees on Armed Services of the
9
Senate and the House of Representatives;
10
(3) the Committee on Energy and Natural Re-
11
sources, the Committee on Commerce, Science, and
12
Transportation, the Committee on Homeland Secu-
13
rity and Governmental Affairs, and the Committee
14
on Environment and Public Works of the Senate;
15
and
16
(4) the Committee on Energy and Commerce
17
and the Committee on Homeland Security of the
18
House of Representatives.
19
(b) REPORT ON IDENTIFICATION OF SITES.—Not
20 later than 240 days after the date of the enactment of
21 this Act, the Director of National Intelligence shall, in
22 consultation with such heads of elements of the intel23 ligence community as the Director considers necessary,
24 and in coordination with efforts of the Secretary of De25 fense and the Secretary of Energy, submit to the appro26 priate committees of Congress a report identifying 1 or
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1 more sites which could benefit from secure, resilient en2 ergy through the deployment of advanced nuclear tech3 nologies, which deployment would be to serve in whole or
4 in part the facility, structure, infrastructure, or part
5 thereof for which a head of an element of the intelligence
6 community has financial or maintenance responsibility.
7
(c) PLANS.—The report submitted pursuant to sub-
8 section (b) shall include plans to ensure—
9
(1) prioritizing early site preparation and li-
10
censing activities for deployment of advanced nuclear
11
technologies with a goal of beginning advanced nu-
12
clear technology deployment at any identified site
13
not later than 3 years after the date of the enact-
14
ment of this Act;
15
(2) the ability to authorize an identified site to
16
interconnect with the commercial electric grid, in ac-
17
cordance with the Atomic Energy Act of 1954 (42
18
U.S.C. 2011 et seq.), if the head of the element re-
19
sponsible for the reactor deployment determines that
20
such interconnection enhances national security; and
21
(3) fuel for the advanced nuclear technologies
22
operated at identified sites is not subject to obliga-
23
tions (as defined in section 110.2 of title 10, Code
24
of Federal Regulations, or successor regulations).
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1
SEC. 6623. STRATEGY ON INTELLIGENCE COORDINATION
2
AND SHARING RELATING TO CRITICAL AND
3
EMERGING TECHNOLOGIES.
4
(a) DEFINITION OF APPROPRIATE COMMITTEES OF
5 CONGRESS.—In this section, the term ‘‘appropriate com6 mittees of Congress’’ means—
7
(1) the congressional intelligence committees;
8
(2) the Committee on Homeland Security and
9
Governmental Affairs and the Committee on Appro-
10
priations of the Senate; and
11
(3) the Committee on Homeland Security and
12
the Committee on Appropriations of the House of
13
Representatives.
14
(b) STRATEGY.—Not later than 60 days after the
15 date of the enactment of this Act, the Director of National
16 Intelligence shall develop a strategy for—
17
(1) coordinating the collection, processing, anal-
18
ysis, and dissemination of foreign intelligence relat-
19
ing to critical and emerging technologies across the
20
intelligence community; and
21
(2) the appropriate sharing of such intelligence
22
with other Federal departments and agencies with
23
responsibilities for regulation, innovation and re-
24
search, science, public health, export control and
25
screenings, and Federal financial tools.
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1
(c) REPORT.—Not later than 30 days after the devel-
2 opment of the strategy required by subsection (b), the Di3 rector shall submit to the appropriate committees of Con4 gress a copy of the strategy.
TITLE LXVII—MATTERS RELAT6
ING TO FOREIGN COUNTRIES
7
Subtitle A—Matters Relating to
8
China
5
9
SEC. 6701. MODIFICATION OF ANNUAL REPORTS ON INFLU-
10
ENCE OPERATIONS AND CAMPAIGNS IN THE
11
UNITED
12
MUNIST PARTY.
13
STATES
BY
THE
CHINESE
COM-
Section 1107 of the National Security Act of 1947
14 (50 U.S.C. 3237) is amended—
15
(1) in subsection (a)—
16
(A) by inserting after ‘‘Director of the Na-
17
tional Counterintelligence and Security Center’’
18
the following: ‘‘, in coordination with the Direc-
19
tor of the Federal Bureau of Investigation, the
20
Director of the Central Intelligence Agency, the
21
Director of the National Security Agency, and
22
any other relevant head of an element of the in-
23
telligence community,’’; and
24
(B) by inserting after ‘‘congressional intel-
25
ligence committees,’’ the following: ‘‘the Com-
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1
mittee on the Judiciary of the Senate, the Com-
2
mittee on the Judiciary of the House of Rep-
3
resentatives,’’;
4
(2) in subsection (b)—
5
(A) by redesignating paragraph (10) as
6
paragraph (12); and
7
(B) by inserting after paragraph (9) the
8
following:
9
‘‘(10) A listing of provincial, municipal, or
10
other law enforcement institutions, including police
11
departments, in the People’s Republic of China asso-
12
ciated with establishing or maintaining a Chinese
13
police presence in the United States.
14
‘‘(11) A listing of colleges and universities in
15
the People’s Republic of China that conduct military
16
research or host dedicated military initiatives or lab-
17
oratories.’’;
18
(3) by striking subsection (c); and
19
(4) by redesignating subsection (d) as sub-
20
section (c).
21
SEC. 6702. INTELLIGENCE SHARING WITH ALLIES ON CHI-
22
NESE COMMUNIST PARTY EFFORTS IN EU-
23
ROPE.
24
It is the sense of the Congress that malign influence
25 efforts by the Chinese Communist Party have increased
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1 in Europe, as they have in the United States homeland,
2 and that the intelligence community should seek every op3 portunity to coordinate with European partners, including
4 through the sharing of intelligence, as appropriate, to both
5 illuminate and disrupt such malign influence efforts.
6
SEC. 6703. PROHIBITION ON INTELLIGENCE COMMUNITY
7
CONTRACTING
8
COMPANIES ENGAGED IN BIOTECHNOLOGY
9
RESEARCH, DEVELOPMENT, OR MANUFAC-
10
TURING.
11
WITH
CHINESE
MILITARY
(a) DEFINITIONS.—In this section:
12
(1) 1260H
LIST.—The
term ‘‘1260H list’’
13
means the list of Chinese military companies oper-
14
ating in the United States most recently submitted
15
under section 1260H(b)(1) of the William M. (Mac)
16
Thornberry National Defense Authorization Act for
17
Fiscal Year 2021 (10 U.S.C. 113 note).
18
(2) AFFILIATE.—The term ‘‘affiliate’’ means an
19
entity that directly or indirectly controls, is con-
20
trolled by, or is under common control with another
21
entity.
22
(3)
BIOTECHNOLOGY.—The
term
‘‘bio-
23
technology’’ means the use of biological processes,
24
organisms, or systems for manufacturing, research,
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1
or medical purposes, including genetic engineering,
2
synthetic biology, and bioinformatics.
3
(b) PROHIBITION.—Subject to subsections (d) and
4 (e), a head of an element of the intelligence community
5 may not enter into, renew, or extend any contract for a
6 product or service with—
7
(1) any entity listed on the 1260H list that is
8
engaged in biotechnology research, development, or
9
manufacturing activities;
10
11
(2) any entity that is a known or assessed affiliate of any entity described in paragraph (1);
12
(3) any entity that has a known or assessed
13
joint venture, partnership, or contractual relation-
14
ship with any entity described in paragraph (1), if
15
the Director of National Intelligence determines that
16
the relationship presents a risk to the national secu-
17
rity of the United States; or
18
(4) any other entity that is engaged in bio-
19
technology research, development, or manufacturing
20
activities, if the Director of National Intelligence de-
21
termines that the activities present a risk to the na-
22
tional security of the United States.
23
(c) IMPLEMENTATION AND COMPLIANCE.—The Di-
24 rector of National Intelligence shall, in consultation with
25 the heads of the elements of the intelligence community—
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1
2
(1) establish guidelines for the implementation
of this section;
3
(2) maintain both a publicly available and clas-
4
sified list of entities covered by the prohibition in
5
subsection (b);
6
(3) require that each head of an element of the
7
intelligence community ensure that any contractor
8
engaged by the element certify that neither it nor
9
any of its subcontractors are engaged in a contract
10
for a product or service with an entity covered by
11
the prohibition in subsection (b); and
12
(4) otherwise ensure compliance with subsection
13
(b).
14
(d) WAIVER PROCESS.—
15
(1) IN GENERAL.—The Director of National In-
16
telligence may establish a waiver process for the
17
heads of the elements of the intelligence community
18
under which the head of the relevant element may
19
waive the prohibition under subsection (b) for a pro-
20
curement on a case-by-case basis. A waiver may be
21
made under the process only if the head of the rel-
22
evant element—
23
(A) complies with any conditions the Di-
24
rector may establish for the process; and
25
(B) determines, in writing, that—
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1
(i) the procurement is essential for
2
national security and no reasonable alter-
3
native source exists; and
4
(ii) appropriate measures are in place
5
to mitigate risks associated with the pro-
6
curement.
7
(2) CONGRESSIONAL NOTIFICATION.—For each
8
waiver for a procurement issued under subsection
9
(b), the Director and the relevant head of the ele-
10
ment of the intelligence community shall, not later
11
than 30 days after issuing the waiver, submit to the
12
congressional intelligence committees, the Committee
13
on Appropriations of the Senate, and the Committee
14
on Appropriations of the House of Representatives a
15
notice of the waiver, which shall include a justifica-
16
tion for the waiver and a description of the risk
17
mitigation measures implemented for the procure-
18
ment.
19
(e) EXCEPTIONS.—The prohibition in subsection (b)
20 shall not apply to—
21
22
(1) the acquisition or provision of health care
services overseas for—
23
(A) employees of the United States, includ-
24
ing members of the uniformed services (as de-
25
fined in section 101(a) of title 10, United
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1
States Code), whose official duty stations are
2
located overseas or who are on permissive tem-
3
porary duty travel overseas; or
4
(B) employees of contractors or sub-
5
contractors of the United States—
6
(i) who are performing under a con-
7
tract that directly supports the missions or
8
activities of individuals described in sub-
9
paragraph (A); and
10
(ii) whose primary duty stations are
11
located overseas or who are on permissive
12
temporary duty travel overseas; or
13
(2) the acquisition, use, or distribution of
14
human multiomic data, lawfully compiled, that is
15
commercially or publicly available.
16
(f) EFFECTIVE DATE.—This section shall take effect
17 on the date that is 60 days after the date of the enactment
18 of this Act and apply to any contract entered into, re19 newed, or extended on or after such effective date.
20
(g) SUNSET.—The provisions of this section shall ter-
21 minate on the date that is 10 years after the date of the
22 enactment of this Act.
23
(h) RULE OF CONSTRUCTION.—This section shall
24 only be construed to apply to activities of an element of
25 the intelligence community.
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1
SEC. 6704. REPORT ON THE WEALTH OF THE LEADERSHIP
2
OF THE CHINESE COMMUNIST PARTY.
3
(a) IN GENERAL.—Not later than one year after the
4 date of the enactment of this Act, the Director of National
5 Intelligence, in consultation with the Secretary of State
6 and the Secretary of Defense, shall post on a publicly
7 available website of the Office of the Director of National
8 Intelligence and submit to the Select Committee on Intel9 ligence and the Committee on Foreign Relations of the
10 Senate and the Permanent Select Committee on Intel11 ligence and the Committee on Foreign Affairs of the
12 House of Representatives a report on the wealth of the
13 leadership of the Chinese Communist Party.
14
(b) ELEMENTS.—The report required under sub-
15 section (a) shall include the following elements:
16
(1) An assessment of the personal wealth, fi-
17
nancial holdings, and business interests of the fol-
18
lowing foreign persons:
19
(A) The General Secretary of the Chinese
20
Communist Party.
21
(B) Members of the Politburo Standing
22
Committee.
23
(C) Members of the full Politburo.
24
(2) Evidence of physical and financial assets
25
owned or controlled directly or indirectly by such
26
foreign persons, including—
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1
(A) real estate holdings inside and outside
2
the People’s Republic of China, including the
3
Special Administrative Regions of Hong Kong
4
and Macau;
5
(B) any high-value personal assets; and
6
(C) business holdings, investments, and fi-
7
nancial accounts held in jurisdictions outside
8
mainland China.
9
(3) Identification of financial proxies, business
10
associates, or other entities used to obscure the own-
11
ership of such wealth and assets, including as a
12
baseline those referenced in the March 2025 report
13
issued by the Office of the Director of National In-
14
telligence entitled, ‘‘Wealth and Corrupt Activities of
15
the Leadership of the Chinese Communist Party’’.
16
(4) Nonpublic information related to the wealth
17
of the leadership of the Chinese Communist Party,
18
to the extent possible consistent with the protection
19
of intelligence sources and methods.
20
(c) FORM.—The report posted and submitted under
21 subsection (a) shall be in unclassified form, but the version
22 submitted to the Select Committee on Intelligence and the
23 Committee on Foreign Relations of the Senate and the
24 Permanent Select Committee on Intelligence and the Com-
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1 mittee on Foreign Affairs of the House of Representatives
2 may include a classified annex as necessary.
3
SEC. 6705. ASSESSMENT AND REPORT ON INVESTMENTS BY
4
THE PEOPLE’S REPUBLIC OF CHINA IN THE
5
AGRICULTURE SECTOR OF BRAZIL.
6
(a) DEFINITIONS.—In this section:
7
(1) AGRICULTURE SECTOR.—The term ‘‘agri-
8
culture sector’’ means any physical infrastructure,
9
energy production, land, or other inputs associated
10
with the production of agricultural commodities (as
11
defined in section 102 of the Agricultural Trade Act
12
of 1978 (7 U.S.C. 5602)).
13
(2)
APPROPRIATE
COMMITTEES
OF
CON-
14
GRESS.—The term ‘‘appropriate committees of Con-
15
gress’’ means—
16
(A) the congressional intelligence commit-
17
tees;
18
(B) the Committee on Agriculture, Nutri-
19
tion, and Forestry and the Committee on For-
20
eign Relations of the Senate; and
21
(C) the Committee on Agriculture and the
22
Committee on Foreign Affairs of the House of
23
Representatives.
24
(b) ASSESSMENT REQUIRED.—
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1
(1) IN GENERAL.—Not later than 60 days after
2
the date of the enactment of this Act, the Director
3
of National Intelligence, in consultation with the
4
Secretary of State and the Secretary of Agriculture,
5
shall assess the extent of investment by the People’s
6
Republic of China in the agriculture sector of Brazil.
7
(2) CONSIDERATIONS.—The assessment shall
8
consider the following:
9
(A) The extent to which President Xi
10
Jinping has engaged in or directed engagement
11
with Brazilian leadership with regard to the ag-
12
riculture sector of Brazil.
13
(B) The extent of engagement between the
14
Government of the People’s Republic of China
15
and the agriculture sector of Brazil.
16
(C) The strategic intentions of the engage-
17
ment or direction of President Xi, if any, to in-
18
vest in the agriculture sector of Brazil.
19
(D) The number of entities based in or
20
owned by the People’s Republic of China in-
21
vested in the agriculture sector of Brazil, in-
22
cluding joint ventures with Brazilian-owned
23
companies.
24
(E) The impacts to the supply chain, glob-
25
al market, and food security of investment in or
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1
control of the agriculture sector in Brazil by the
2
People’s Republic of China.
3
(c) REPORT REQUIRED.—
4
(1) IN GENERAL.—Not later than 90 days after
5
the date of the enactment of this Act, the Director
6
shall submit to the appropriate committees of Con-
7
gress a report detailing the assessment required by
8
subsection (b).
9
(2) FORM.—The report required by paragraph
10
(2) shall be submitted in unclassified form but may
11
include a classified annex.
12
SEC. 6706. IDENTIFICATION OF ENTITIES THAT PROVIDE
13
SUPPORT
14
ARMY.
15
TO
THE
PEOPLE’S
LIBERATION
(a) DEFINITION OF APPROPRIATE COMMITTEES OF
16 CONGRESS.—In this section, the term ‘‘appropriate com17 mittees of Congress’’ means—
18
(1) the congressional intelligence committees;
19
(2) the congressional defense committees (as
20
defined in section 101(a) of title 10, United States
21
Code);
22
23
(3) the Committee on Foreign Relations of the
Senate; and
24
25
(4) the Committee on Foreign Affairs of the
House of Representatives.
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1
(b) IN GENERAL.—The Director of National Intel-
2 ligence shall identify the businesses, academic and re3 search institutions, and other entities in the People’s Re4 public of China that provide support to the People’s Lib5 eration Army, including—
6
(1) for national defense or military moderniza-
7
tion, including the development, application, or inte-
8
gration of civilian capabilities for military, para-
9
military, or security purposes;
10
(2) for the development, production, testing, or
11
proliferation of weapons systems, critical tech-
12
nologies, or dual-use items, as defined under applica-
13
ble United States law (including regulations); or
14
(3) academic, scientific, or technical collabora-
15
tion that materially contributes to or supports any
16
of the activities described in paragraphs (1) and (2).
17
(c) SUBMISSION OF LIST TO CONGRESS.—Not later
18 than the date that is 180 days after the enactment of this
19 Act, and not later than the anniversary of that date for
20 each of two years thereafter, the Director of National In21 telligence shall submit to the appropriate committees of
22 Congress a list of each entity identified under subsection
23 (b).
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1
SEC. 6707. MISSION MANAGER FOR THE PEOPLE’S REPUB-
2
3
LIC OF CHINA.
(a) ESTABLISHMENT OF POSITION.—
4
(1) IN GENERAL.—There shall be a mission
5
manager for all intelligence collection matters relat-
6
ing to the People’s Republic of China. The mission
7
manager shall be designated or appointed by the Di-
8
rector of National Intelligence.
9
(2)
RULE
OF
CONSTRUCTION.—Notwith-
10
standing any other provision of law, the mission
11
manager designated or appointed under paragraph
12
(1) may be an individual serving in a position within
13
the Office of the Director of National Intelligence.
14
(b) APPLICABILITY.—The first mission manager
15 under subsection (a) shall be designated or appointed not
16 later than 180 days after the date of the enactment of
17 this Act.
18
(c) TERMINATION.—This section shall terminate on
19 December 31, 2030.
20
SEC. 6708. NATIONAL INTELLIGENCE ESTIMATE OF AD-
21
VANCEMENTS IN BIOTECHNOLOGY BY THE
22
PEOPLE’S REPUBLIC OF CHINA.
23
Not later than one year after the date of the enact-
24 ment of this Act, the Director of National Intelligence,
25 acting through the National Intelligence Council, shall—
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1
(1) produce a National Intelligence Estimate
2
with respect to advancements by the People’s Re-
3
public of China in biotechnology and any other sig-
4
nificant technology or science sector the Director
5
considers related; and
6
(2) submit such National Intelligence Estimate
7
to the congressional intelligence committees and the
8
Committees on Appropriations of the Senate and the
9
House of Representatives.
10
Subtitle B—Other Matters
11
SEC. 6711. IMPROVEMENTS TO REQUIREMENT FOR MONI-
12
TORING OF IRANIAN ENRICHMENT OF URA-
13
NIUM-235.
14
Section 7413(b) of the Intelligence Authorization Act
15 for Fiscal Year 2024 (division G of Public Law 118–31;
16 22 U.S.C. 8701 note) is amended—
17
18
(1) by redesignating paragraph (2) as paragraph (3);
19
(2) in paragraph (1), by striking ‘‘assesses that
20
the Islamic Republic of Iran has produced or pos-
21
sesses any amount of uranium-235 enriched to
22
greater than 60 percent purity or has engaged in
23
significant
24
‘‘makes a finding described in paragraph (2) pursu-
25
ant to an assessment,’’; and
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enrichment
activity,’’
and
inserting
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2219
1
2
(3) by inserting after paragraph (1) the following:
3
‘‘(2) FINDING
DESCRIBED.—A
finding de-
4
scribed in this paragraph is a finding that the Is-
5
lamic Republic of Iran has—
6
‘‘(A) produced or possesses any amount of
7
uranium-235 enriched to greater than 60-per-
8
cent purity;
9
‘‘(B) engaged in significant enrichment ac-
10
tivity; or
11
‘‘(C) made the decision to produce a nu-
12
13
clear weapon from highly enriched uranium.’’.
SEC. 6712. POLICY TOWARD CERTAIN AGENTS OF FOREIGN
14
15
GOVERNMENTS.
Section 601 of the Intelligence Authorization Act for
16 Fiscal Year 1985 (Public Law 98–618; 98 Stat. 3303) is
17 amended—
18
(1) by striking subsection (b);
19
(2) by redesignating subsections (c) (relating to
20
an amendment to the State Department Basic Au-
21
thorities Act of 1956 (22 U.S.C. 4303)) and (d) (22
22
U.S.C. 4303 note) as subsections (d) and (e), re-
23
spectively;
24
25
(3) by inserting after subsection (a) (22 U.S.C.
254c–1) the following new subsections:
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1
‘‘(b) The Secretary of State, in negotiating agree-
2 ments with foreign governments regarding reciprocal privi3 leges and immunities of United States diplomatic per4 sonnel, shall consult with the Director of the Federal Bu5 reau of Investigation and the Director of National Intel6 ligence in achieving the sense of Congress in subsection
7 (a).
8
‘‘(c) Not later than 90 days after the date of the en-
9 actment of this subsection, and annually thereafter for 5
10 years, the Secretary of State, the Director of the Federal
11 Bureau of Investigation, and the Director of National In12 telligence shall submit to the Select Committee on Intel13 ligence, the Committee on Foreign Relations, the Com14 mittee on the Judiciary, and the Committee on Appropria15 tions of the Senate and the Permanent Select Committee
16 on Intelligence, the Committee on Foreign Affairs, the
17 Committee on the Judiciary, and the Committee on Ap18 propriations of the House of Representatives a report on
19 each foreign government that—
20
‘‘(1) engages in intelligence activities within the
21
United States harmful to the national security of the
22
United States; and
23
‘‘(2) possesses numbers, status, privileges and
24
immunities, travel accommodations, or facilities
25
within the United States of official representatives
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2221
1
to the United States that exceed the respective num-
2
bers, status, privileges and immunities, travel accom-
3
modations, or facilities within such country of offi-
4
cial representatives of the United States to such
5
country.’’; and
6
(4) in subsection (e), as redesignated by this
7
section, by striking ‘‘subsection (c)’’ and inserting
8
‘‘subsection (d)’’.
9
SEC. 6713. EXTENSION OF INTELLIGENCE COMMUNITY CO-
10
ORDINATOR FOR RUSSIAN ATROCITIES AC-
11
COUNTABILITY.
12
Section 6512 of the Intelligence Authorization Act for
13 Fiscal Year 2023 (division F of Public Law 117–263; 136
14 Stat. 3543; 50 U.S.C. 3025 note) is amended—
15
(1) in subsection (b)—
16
(A) in paragraph (2)(A), by inserting be-
17
fore the period the following: ‘‘, including with
18
respect to the forcible transfer and deportation
19
of Ukrainian children’’; and
20
(B) in paragraph (4)(A), by striking
21
‘‘2026’’ and inserting ‘‘2028’’; and
22
(2) in subsection (c), by striking ‘‘the date that
23
is 4 years after the date of the enactment of this
24
Act.’’ and inserting ‘‘December 31, 2028. The Direc-
25
tor and Coordinator shall carry out this section be-
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2222
1
fore such date regardless of any ceasefire or ces-
2
sation of armed hostilities by Russia in Ukraine oc-
3
curring before such date.’’.
4
SEC. 6714. PLAN TO ENHANCE INTELLIGENCE SUPPORT TO
5
COUNTER FOREIGN INFLUENCE INTENDED
6
TO CONTINUE OR EXPAND THE CONFLICT IN
7
SUDAN.
8
Not later than 90 days after the date of the enact-
9 ment of this Act, the Director of the Central Intelligence
10 Agency, in consultation with such other heads of elements
11 of the intelligence community as the Director considers
12 appropriate, shall develop a plan—
13
(1) to share relevant intelligence, if any, relat-
14
ing to foreign efforts to continue or expand the con-
15
flict in Sudan, with regional allies and partners of
16
the United States, including to downgrade or declas-
17
sify such intelligence as needed; and
18
(2) to collect and analyze intelligence to enable
19
the United States Government to counter foreign ef-
20
forts to continue or expand the conflict in Sudan in
21
order to protect national and regional security.
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1
SEC. 6715. REVIEW OF INFORMATION RELATING TO AC-
2
TIONS BY FOREIGN GOVERNMENTS TO AS-
3
SIST PERSONS EVADING JUSTICE.
4
Not later than 180 days after the date of the enact-
5 ment of this Act, the Director of the Federal Bureau of
6 Investigation shall, in coordination with the Director of
7 National Intelligence, complete a review for declassifica8 tion of any information in the possession of the Federal
9 Bureau of Investigation collected on or after January 1,
10 2020, relating to whether any foreign government official
11 has assisted or facilitated any citizen or national of their
12 country in departing the United States while the citizen
13 or national was under investigation or awaiting trial or
14 sentencing for a criminal offense committed in the United
15 States to determine what information, if any, can be ap16 propriately declassified and made available to the public.
17 Upon completion of the review, the Director of the Federal
18 Bureau of Investigation shall make such information, if
19 any, available to the public in a manner consistent with
20 provisions of Federal law related to privacy.
21
SEC. 6716. NATIONAL INTELLIGENCE ESTIMATE ON THE
22
23
WESTERN HEMISPHERE.
(a) IN GENERAL.—Not later than one year after the
24 date of the enactment of this Act, the Director of National
25 Intelligence, acting through the National Intelligence
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1 Council, shall produce a National Intelligence Estimate on
2 the Western Hemisphere.
3
(b) ELEMENTS.—The National Intelligence Estimate
4 required by subsection (a) shall cover the 10-year period
5 beginning on the date on which the Estimate is produced
6 and include an assessment of—
7
8
(1) the major threats to United States national
security interests in the Western Hemisphere;
9
(2) the attitudes of other nations in the West-
10
ern Hemisphere toward partnership with the United
11
States, China, and Russia, including the willingness
12
of Western Hemisphere nations to support United
13
States national security priorities and the likely tra-
14
jectory of Western Hemisphere nations’ relationships
15
with the United States;
16
(3) the extent to which expanded economic, en-
17
ergy, law enforcement, intelligence, counternarcotics,
18
or security cooperation between nations in the West-
19
ern Hemisphere and the United States could help
20
mitigate the threats identified in paragraph (1); and
21
(4) the extent to which expanded economic, en-
22
ergy, law enforcement, intelligence, counternarcotics,
23
and security cooperation between and among other
24
nations in the Western Hemisphere (excluding the
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2225
1
United States) could help mitigate the threats iden-
2
tified in paragraph (1).
3
(c) AVAILABILITY TO PUBLIC.—At the same time the
4 Director produces the Estimate under subsection (a), the
5 Director shall make available to the public, on the publicly
6 accessible website of the Office of the Director of National
7 Intelligence, an unclassified summary of the key findings
8 of the Estimate.
9
SEC. 6717. PLAN TO ENHANCE COUNTERNARCOTICS COL-
10
LABORATION,
11
OPERATION
12
MEXICO.
13
COORDINATION,
WITH
THE
AND
GOVERNMENT
COOF
Not later than 60 days after the date of the enact-
14 ment of this Act, the head of each element of the intel15 ligence community shall submit to the Director of Na16 tional Intelligence the following:
17
(1) A description and assessment of the intel-
18
ligence community element’s direct relationship, if
19
any, with any element of the Government of Mexico.
20
(2) A strategy to enhance counternarcotics co-
21
operation and appropriate coordination with each
22
element of the Government of Mexico with which the
23
intelligence community element has a direct relation-
24
ship.
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1
(3) Recommendations and a description of the
2
resources required to efficiently and effectively im-
3
plement the strategy required by paragraph (2) in
4
furtherance of the national interest of the United
5
States.
6
SEC. 6718. REQUIREMENTS WITH RESPECT TO DUTY TO
7
WARN
8
OTHER UNITED STATES PERSONS.
9
FORMER
SENIOR
OFFICIALS
AND
(a) SENSE OF CONGRESS.—It is the sense of Con-
10 gress that Congress is gravely concerned about the ongo11 ing threat of lethal plotting against United States persons
12 from adversary nations, including those against numerous
13 former senior United States officials, principally from the
14 Government of the Islamic Republic of Iran. Information
15 collected regarding plots against United States persons re16 quires expeditious fulfilment of the duty to warn process
17 of the intelligence community, including close consultation
18 with the Federal Bureau of Investigation.
19
(b) NOTICE OF WARNING.—
20
(1) NOTICE REQUIRED.—If an element of the
21
intelligence community determines pursuant to pro-
22
cedures established in accordance with Intelligence
23
Community Directive 191 (or any successor direc-
24
tive) that such element has a duty to warn a United
25
States person inside the United States of an im-
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2227
1
pending threat and, after consultation with the Fed-
2
eral Bureau of Investigation when required, notifies
3
such person or facilitates notification of such person
4
by another party, the head of such element shall also
5
immediately provide notice of the warning to the Di-
6
rector of the Federal Bureau of Investigation and, if
7
such person is under the protection of an element of
8
the Federal Government, a person responsible for
9
the protection of such United States person.
10
(2) PROCESS FOR NOTIFICATION.—If notice is
11
required under paragraph (1) to a person respon-
12
sible for the protection of a United States person,
13
such notice may be made in any appropriate and ex-
14
peditious manner, including through the Director of
15
the Federal Bureau of Investigation.
16
(c) FEDERAL BUREAU OF INVESTIGATION RECORDS
17
OF WARNINGS.—The Director of the Federal Bureau of
18 Investigation shall establish a process for documenting
19 and maintaining records of each notice of a warning pro20 vided to the Director in accordance with subsection (b).
21
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
22 tion shall be construed to limit any duty to warn already
23 in effect, including under Intelligence Community Direc24 tive 191 (relating to duty to warn) and any policies or
25 procedures issued in accordance with such directive.
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1
(e) UNITED STATES PERSON DEFINED.—In this sec-
2 tion, the term ‘‘United States person’’ has the meaning
3 given the term in section 105A of the National Security
4 Act of 1947 (50 U.S.C. 3039).
6
TITLE LXVIII—REPORTS AND
OTHER MATTERS
7
SEC. 6801. MODIFICATION AND REPEAL OF REPORTING RE-
5
8
9
QUIREMENTS.
(a) NATIONAL SECURITY ACT OF 1947.—
10
11
(1) FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS.—
12
(A) REPEAL.—Section 118 of the National
13
Security Act of 1947 (50 U.S.C. 3055) is re-
14
pealed.
15
(B) CONFORMING
AMENDMENT.—Section
16
507(a) of such Act (50 U.S.C. 3106(a)) is
17
amended—
18
(i) by striking paragraph (5); and
19
(ii) by redesignating paragraph (6) as
20
paragraph (5).
21
(C) EFFECTIVE DATE.—The amendments
22
made by subparagraphs (A) and (B) shall take
23
effect on December 31, 2026.
24
(2) COUNTERINTELLIGENCE AND NATIONAL SE-
25
CURITY PROTECTIONS FOR INTELLIGENCE COMMU-
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1
NITY GRANT FUNDING.—Section 121 of the National
2
Security Act of 1947 (50 U.S.C. 3061) is amended
3
by striking subsection (c).
4
(3) PERSONNEL-LEVEL ASSESSMENTS FOR THE
5
INTELLIGENCE COMMUNITY.—Section
6
National Security Act of 1947 (50 U.S.C. 3098) is
7
repealed.
506B of the
8
(4) NATIONAL INTELLIGENCE UNIVERSITY.—
9
Subtitle D of title X of the National Security Act of
10
1947 (50 U.S.C. 3327 et seq.) is amended—
11
(A) by striking section 1033; and
12
(B) by redesignating sections 1034 and
13
1035 as sections 1033 and 1034, respectively.
14
(5) MEASURES TO MITIGATE COUNTERINTEL-
15
LIGENCE THREATS FROM PROLIFERATION AND USE
16
OF
17
1102A(b)(1) of the National Security Act of 1947
18
(50 U.S.C. 3232a) is amended by inserting ‘‘for
19
seven years’’ after ‘‘annually thereafter’’.
20
(b) INTELLIGENCE AUTHORIZATION ACTS.—
FOREIGN
COMMERCIAL
SPYWARE.—Section
21
(1) BRIEFINGS ON PROGRAMS FOR NEXT-GEN-
22
ERATION MICROELECTRONICS IN SUPPORT OF ARTI-
23
FICIAL INTELLIGENCE.—Section 7507 of the Intel-
24
ligence Authorization Act for Fiscal Year 2024 (50
25
U.S.C. 3334s) is amended by striking subsection (e).
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1
(2) EXPANSION OF SECURITY CLEARANCES FOR
2
CERTAIN CONTRACTORS.—Section 6715 of the Intel-
3
ligence Authorization Act for Fiscal Year 2023 (divi-
4
sion F of Public Law 117–263; 136 Stat. 3572) is
5
amended—
6
(A) by striking subsection (c); and
7
(B) by redesignating subsections (d) and
8
(e) as subsections (c) and (d), respectively.
9
(3) TRENDS IN TECHNOLOGIES OF STRATEGIC
10
IMPORTANCE TO UNITED STATES.—Section
11
the Intelligence Authorization Act for Fiscal Year
12
2022 (division X of Public Law 117–103; 136 Stat.
13
1035) is repealed.
14
(4) BRIEFINGS
ON
IRANIAN
833 of
EXPENDITURES
15
SUPPORTING FOREIGN MILITARY AND TERRORIST
16
ACTIVITIES.—Section 6705 of the Damon Paul Nel-
17
son and Matthew Young Pollard Intelligence Author-
18
ization Act for Fiscal Years 2018, 2019, and 2020
19
(22 U.S.C. 9412) is amended—
20
(A) in the section heading, by striking
21
‘‘AND ANNUAL BRIEFING’’; and
22
(B) by striking subsection (b).
23
(5) NATIONAL SECURITY EFFECTS OF GLOBAL
24
WATER
25
DISEASE AND PANDEMICS.—Section
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INSECURITY
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AND
EMERGING
INFECTIOUS
6722 of the
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2231
1
Damon Paul Nelson and Matthew Young Pollard In-
2
telligence Authorization Act for Fiscal Years 2018,
3
2019, and 2020 (division E of Public Law 116–92;
4
50 U.S.C. 3024 note) is repealed.
5
(6) COUNTER ACTIVE MEASURES BY RUSSIA,
6
CHINA, IRAN, NORTH KOREA, OR OTHER NATION
7
STATE TO EXERT COVERT INFLUENCE.—Section 501
8
of the Intelligence Authorization Act for Fiscal Year
9
2017 (division N of Public Law 115–31; 50 U.S.C.
10
3001 note) is amended by striking subsection (h).
11
(7) NOTICE OF DEPLOYMENT OR TRANSFER OF
12
CONTAINERIZED MISSILE SYSTEM BY RUSSIA OR
13
CERTAIN OTHER COUNTRIES.—Section
14
Intelligence Authorization Act for Fiscal Year 2016
15
(division M of Public Law 114–113) is repealed.
16
(c) OTHER PROVISIONS OF LAW.—
501 of the
17
(1) PROPOSAL TO MODIFY OR INTRODUCE NEW
18
AIRCRAFT OR SENSORS FOR FLIGHT BY THE RUS-
19
SIAN FEDERATION UNDER OPEN SKIES TREATY.—
20
Section 1242 of the Carl Levin and Howard P.
21
‘Buck’ McKeon National Defense Authorization Act
22
for Fiscal Year 2015 (Public Law 113–291; 128
23
Stat. 3563) is repealed.
24
25
(2) BRIEFINGS ON ANALYTIC INTEGRITY REVIEWS.—
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1
(A) IN GENERAL.—Section 1019 of the In-
2
telligence Reform and Terrorism Prevention Act
3
of 2004 (50 U.S.C. 3364) is amended by strik-
4
ing subsections (c) and (d).
5
(B) CONFORMING
AMENDMENT.—Section
6
6312(d)(1) of the Intelligence Authorization Act
7
for Fiscal Year 2023 (division F of Public Law
8
117–263; 50 U.S.C. 3364 note) is amended by
9
striking ‘‘In conjunction with each briefing pro-
10
vided under section 1019(c) of the Intelligence
11
Reform and Terrorism Prevention Act of 2004
12
(50 U.S.C. 3364(c))’’ and inserting ‘‘Not later
13
than February 1 each year’’.
14
(3) COMMERCE
WITH, AND ASSISTANCE TO,
15
CUBA FROM OTHER FOREIGN COUNTRIES.—Section
16
108 of the Cuban Liberty and Democratic Solidarity
17
(LIBERTAD) Act of 1996 (Public Law 104–114;
18
22 U.S.C. 6038) is repealed.
19
SEC. 6802. REVISIONS TO CONGRESSIONAL NOTIFICATION
20
OF
21
MENTS.
22
INTELLIGENCE
COLLECTION
ADJUST-
Section 22 of the National Security Agency Act of
23 1959 (50 U.S.C. 3620) is amended—
24
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1
(A) by striking ‘‘the occurrence of an intel-
2
ligence collection adjustment’’ and inserting
3
‘‘that a covered intelligence collection or sharing
4
adjustment has occurred’’; and
5
(B) by striking ‘‘notification of the intel-
6
ligence collection adjustment’’ and inserting
7
‘‘summary of such adjustment and the cause of
8
such adjustment’’; and
9
(2) in subsection (b), by amending paragraph
10
(2) to read as follows:
11
‘‘(2) COVERED INTELLIGENCE COLLECTION OR
12
SHARING ADJUSTMENT.—The
13
ligence collection or sharing adjustment’ means an
14
action or inaction by the National Security Agency
15
that results in a significant change to—
term ‘covered intel-
16
‘‘(A) the quantity of intelligence collected
17
by the National Security Agency with respect to
18
a foreign country, foreign organization, or sen-
19
ior leader of a foreign country or foreign orga-
20
nization; or
21
‘‘(B) policies or practices of the National
22
Security Agency with respect to the sharing of
23
intelligence with a foreign country, organization
24
of foreign countries, or organization of coun-
25
tries of which the United States is a member.’’.
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1
SEC. 6803. DECLASSIFICATION OF INTELLIGENCE AND AD-
2
DITIONAL
3
LATING TO THE COVID–19 PANDEMIC.
4
Not later than 180 days after the date of the enact-
TRANSPARENCY
MEASURES
RE-
5 ment of this Act, the Director of National Intelligence
6 shall, jointly with the head of each element of the intel7 ligence community—
8
(1) perform a declassification review of intel-
9
ligence relating to the origins of Coronavirus Disease
10
2019 (COVID–19), including—
11
(A) research conducted at the Wuhan In-
12
stitute of Virology or any other medical or sci-
13
entific research center within the People’s Re-
14
public of China;
15
(B) information relating to Gain of Func-
16
tion research and the intention of this research;
17
(C) information relating to sources of
18
funding
19
coronaviruses, including both sources within the
20
People’s Republic of China and foreign sources;
21
and
22
or
direction
for
research
on
(D) the possibility of zoonotic origins of
23
COVID–19;
24
(2) perform a declassification review of intel-
25
ligence relating to efforts by government officials of
26
entities of the People’s Republic of China—
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1
(A) to disrupt or obstruct information
2
sharing or investigations into the origins of the
3
coronavirus disease 2019 (COVID–19) pan-
4
demic;
5
(B) to disrupt the sharing of medically sig-
6
nificant information relating to the trans-
7
missibility and potential harm of SARS–CoV–2
8
to humans, including—
9
(i) efforts to limit the sharing of in-
10
formation with the United States Govern-
11
ment;
12
(ii) efforts to limit the sharing of in-
13
formation with the governments of allies
14
and partners of the United States; and
15
(iii) efforts to limit the sharing of in-
16
formation with the United Nations and
17
World Health Organization;
18
(C) to obstruct or otherwise limit the shar-
19
ing of information between national, provincial,
20
and city governments within the People’s Re-
21
public of China and between subnational enti-
22
ties within the People’s Republic of China and
23
external researchers;
24
(D) to deny the sharing of information
25
with the United States, allies and partners of
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1
the United States, or multilateral organizations,
2
including the United Nations and the World
3
Health Organization;
4
(E) to pressure or lobby foreign govern-
5
ments, journalists, medical researchers, officials
6
of the United States Government, or officials of
7
multilateral organizations (including the United
8
Nations and the World Health Organization)
9
with respect to the source, scientific origins,
10
transmissibility, or other attributes of the
11
SARS–CoV–2 virus or the COVID–19 pan-
12
demic;
13
(F) to disrupt government or private-sector
14
efforts to conduct research and development of
15
medical interventions or countermeasures for
16
the COVID–19 pandemic, including vaccines;
17
and
18
(G) to promote alternative narratives re-
19
garding the origins of COVID–19 as well as the
20
domestic Chinese and international response to
21
the COVID–19 pandemic;
22
(3) release publicly the intelligence products de-
23
scribed in paragraphs (1) and (2) including such
24
redactions as the Director, with the concurrence of
25
the head of the originating intelligence community
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1
element, determines necessary to protect sources and
2
methods and information concerning United States
3
persons; and
4
(4) submit to the congressional intelligence
5
committees an unredacted version of the declassified
6
intelligence products described in paragraph (3).
7
SEC. 6804. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICA-
8
TION MATERIALS AND SUBMISSION OF IN-
9
TELLIGENCE COMMUNITY DRUG CONTROL
10
RESOURCE SUMMARY.
11
(a) CLASSIFIED INTELLIGENCE BUDGET JUSTIFICA-
12
TION MATERIALS.—Section 506J(b) of the National Secu-
13 rity Act of 1947 (50 U.S.C. 3105a(b)) is amended by in14 serting ‘‘and the Committees on Appropriations of the
15 Senate and the House of Representatives’’ after ‘‘congres16 sional intelligence committees’’.
17
18
(b) INTELLIGENCE COMMUNITY DRUG CONTROL RESOURCE SUMMARY.—
19
(1) REQUIREMENT.—The Director of National
20
Intelligence shall develop a summary of intelligence
21
community drug control resources for each of fiscal
22
years 2027 and 2028.
23
(2) SUBMISSION.—
24
(A) SUMMARY.—Not later than 30 days
25
after the date on which the Director of National
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1
Intelligence submits to the congressional intel-
2
ligence committees the classified intelligence
3
budget justification materials under section
4
506J of the National Security Act of 1947 (50
5
U.S.C. 3105a) for a fiscal year covered by sub-
6
section (a), the Director shall submit to the
7
congressional intelligence committees and the
8
Committees on Appropriations of the Senate
9
and the House of Representatives a consoli-
10
dated summary of the drug control resources of
11
the intelligence community for that fiscal year.
12
To the extent practicable and applicable, the
13
Director shall organize such summary in a simi-
14
lar manner as the National Drug Control Pro-
15
gram budget under section 704(c) of the Office
16
of National Drug Control Policy Reauthoriza-
17
tion Act of 1998 (21 U.S.C. 1703(c)).
18
(B) MATTERS INCLUDED.—Each summary
19
under paragraph (1) shall include the following:
20
(i) A certification by the Director
21
stating that the drug control resources of
22
the intelligence community are designed to
23
implement the responsibilities of the intel-
24
ligence community in support of the
25
counter-drug efforts of the United States,
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1
as reflected in the National Drug Control
2
Strategy under section 706 of the Office of
3
National Drug Control Policy Reauthoriza-
4
tion Act of 1998 (21 U.S.C. 1705) and the
5
National Interdiction Command and Con-
6
trol Plan under section 711(a)(4) of such
7
Act (21 U.S.C. 1710(a)(4)).
8
(ii) A description of the key accom-
9
plishments of the intelligence community
10
with respect to counternarcotics during the
11
fiscal year in which the summary is sub-
12
mitted and the previous fiscal year.
13
(iii) The total amounts requested for
14
the National Intelligence Program for
15
counternarcotics for the fiscal year covered
16
by the summary and for the previous fiscal
17
year.
18
(iv) Each of the total amounts under
19
subparagraph (C), disaggregated by each
20
element of the intelligence community at
21
the expenditure center, project, and sub-
22
project levels.
23
(v) Any other information the Direc-
24
tor determines appropriate to provide the
25
congressional intelligence committees with
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1
a consolidated, comprehensive, and detailed
2
understanding of the amounts, activities,
3
and purposes of the amounts requested for
4
the National Intelligence Program for
5
counternarcotics for the fiscal year covered
6
by the summary.
7
(C) PROVISION OF INFORMATION.—Each
8
head of an element of the intelligence commu-
9
nity shall timely provide to the Director of Na-
10
tional Intelligence the information the Director
11
requires to develop each summary under para-
12
graph (1).
13
(3)
CONFORMING
AMENDMENT.—Section
14
7320(a) of the Intelligence Authorization Act for
15
Fiscal Year 2024 (division G of Public Law 118–31;
16
50 U.S.C. 3096 note) is amended by striking
17
‘‘2027’’ and inserting ‘‘2026’’.
18
SEC. 6805. REQUIRING PENETRATION TESTING AS PART OF
19
THE TESTING AND CERTIFICATION OF VOT-
20
ING SYSTEMS.
21
Section 231 of the Help America Vote Act of 2002
22 (52 U.S.C. 20971) is amended by adding at the end the
23 following new subsection:
24
‘‘(e) REQUIRED PENETRATION TESTING.—
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1
‘‘(1) IN GENERAL.—Not later than 180 days
2
after the date of the enactment of this subsection,
3
the Commission shall provide for the conduct of pen-
4
etration testing as part of the testing, certification,
5
decertification, and recertification of voting system
6
hardware and software by the Commission based on
7
accredited laboratories under this section.
8
‘‘(2) ACCREDITATION.—The Commission shall
9
develop a program for the acceptance of the results
10
of penetration testing on election systems. The pene-
11
tration testing required by this subsection shall be
12
required for Commission certification. The Commis-
13
sion shall vote on the selection of any entity identi-
14
fied. The requirements for such selection shall be
15
based on consideration of an entity’s competence to
16
conduct penetration testing under this subsection.
17
The Commission may consult with the National In-
18
stitute of Standards and Technology or any other
19
appropriate Federal agency on lab selection criteria
20
and other aspects of this program.’’.
21
SEC. 6806. STANDARD GUIDELINES FOR INTELLIGENCE
22
COMMUNITY TO REPORT AND DOCUMENT
23
ANOMALOUS HEALTH INCIDENTS.
24
(a) STANDARD GUIDELINES.—Not later than 90 days
25 after the date of the enactment of this Act, the Director
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1 of National Intelligence shall, in coordination with such
2 heads of elements of the intelligence community as the Di3 rector considers appropriate, develop and issue standard
4 guidelines for personnel of the intelligence community to
5 report and properly document anomalous health incidents.
6
(b) CONFORMITY WITH DEPARTMENT OF DEFENSE
7 GUIDELINES.—In developing the standard guidelines re8 quired by subsection (a), the Director shall ensure that
9 such standard guidelines are as similar as practicable to
10 guidelines issued by the Secretary of Defense for personnel
11 of the Department of Defense to report and properly docu12 ment anomalous health incidents.
13
(c) SUBMISSION.—Not later than 10 days after the
14 date on which the Director issues the standard guidelines
15 required by subsection (a), the Director shall submit to
16 the congressional intelligence committees the standard
17 guidelines, including a statement describing the implemen18 tation of such standard guidelines, how the standard
19 guidelines differ from those issued by the Secretary, and
20 the justifications for such differences.
21
22
23
24
DIVISION G—COAST GUARD
AUTHORIZATION ACT OF 2025
SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the
25 ‘‘Coast Guard Authorization Act of 2025’’.
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(b) TABLE OF CONTENTS.—The table of contents for
2 this division is as follows:
Sec. 7001. Short title; table of contents.
Sec. 7002. Definitions and directions.
Sec. 7103. Automatic execution of conforming changes.
TITLE LXXI—COAST GUARD
Subtitle A—Authorization of Appropriations
Sec. 7101. Authorization of appropriations.
Sec. 7102. Authorized levels of military strength and training.
Subtitle B—Accountability
Sec. 7111. Annual report on progress of certain homeporting projects.
Sec. 7112. Major acquisitions.
Sec. 7113. Quarterly acquisition brief requirements.
Sec. 7114. Overdue reports.
Sec. 7115. Requirement for Coast Guard to provide analysis of alternatives for
aircraft.
Sec. 7116. Oversight of funds.
Sec. 7117. Regular polar security cutter updates.
Sec. 7118. Annual plan for Coast Guard operations in the Pacific; feasibility
study on supporting additional port visits and deployments in
support of operation blue pacific.
Sec. 7119. Annual plan for Coast Guard operations in the Caribbean.
Sec. 7120. Prohibition on submission to Congress of slideshow presentations.
TITLE LXXII—ORGANIZATION, AUTHORITIES, ACQUISITION, AND
PERSONNEL OF THE COAST GUARD
Subtitle A—Authorities
Sec. 7201. Reorganization of chapter 3.
Sec. 7202. Public availability of information.
Sec. 7203. Modification of treatment of minor construction and improvement
project management.
Sec. 7204. Agreements.
Sec. 7205. Preparedness plans for Coast Guard properties located in tsunami
inundation zones.
Sec. 7206. Additional Pribilof Island transition completion actions.
Sec. 7207. Coast Guard access to Department of the Treasury fund.
Subtitle B—Acquisition
Sec. 7211. Modification of prohibition on use of lead systems integrators.
Sec. 7212. Acquisition improvements.
Sec. 7213. Restriction on acquisition, procurement, or construction of vessels in
foreign shipyards.
Sec. 7214. Floating drydock for United States Coast Guard Yard.
Sec. 7215. Great Lakes icebreaking.
Sec. 7216. Briefing on deployment of special purpose craft–heavy weather second generation (SPEC-HWX II) vessels in Pacific Northwest.
Sec. 7217. Report on 87-foot patrol boat fleet.
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Sec. 7218. Procurement of tactical maritime surveillance systems.
Subtitle C—Personnel
Sec. 7221. Designation of officers with particular expertise in military justice
or healthcare.
Sec. 7222. Deferred retirement and retention in active duty status for health
professions officers.
Sec. 7223. Modifications to the officer involuntary separation process.
Sec. 7224. Modifications and revisions relating to reopening retired grade determinations.
Sec. 7225. Family leave policies for Coast Guard.
Sec. 7226. Modifications to career flexibility program.
Sec. 7227. Members asserting post-traumatic stress disorder, sexual assault, or
traumatic brain injury.
Sec. 7228. Authority for certain personnel; command sponsorship for dependents of members of Coast Guard assigned to Unalaska, Alaska;
improved prevention of and response to hazing and bullying.
Sec. 7229. Authorization for maternity uniform allowance for officers.
Sec. 7230. Additional available guidance and considerations for reserve selection boards.
Sec. 7231. Behavioral health.
Sec. 7232. Travel allowance for members of Coast Guard assigned to Alaska.
Sec. 7233. Tuition assistance and advanced education assistance pilot program.
Sec. 7234. Recruitment, relocation, and retention incentive program for civilian
firefighters employed by Coast Guard remote locations.
Sec. 7235. Notification.
Subtitle D—Coast Guard Academy
Sec. 7241. Modification of reporting requirements on covered misconduct in
Coast Guard Academy; consideration of request for transfer of
a cadet at the Coast Guard Academy who is the victim of a
sexual assault or related offense; room reassignment.
Sec. 7242. Modification of Board of Visitors.
Sec. 7243. Coast Guard Academy Cadet Advisory Board.
Sec. 7244. Authorization for use of Coast Guard Academy facilities and equipment by covered foundations.
Sec. 7245. Policy on hazing.
Sec. 7246. Concurrent jurisdiction at Coast Guard Academy.
Sec. 7247. Study on Coast Guard Academy oversight.
Sec. 7248. Electronic locking mechanisms to ensure Coast Guard Academy
cadet room security.
Sec. 7249. Report on existing behavioral health and wellness support services
facilities at Coast Guard Academy.
Sec. 7250. Required posting of information.
Sec. 7251. Installation of behavioral health and medical privacy rooms.
Sec. 7252. Review and modification of Coast Guard Academy policy on sexual
harassment and sexual violence.
Subtitle E—Reports and Policies
Sec. 7261. Policy and briefing on availability of naloxone to treat opioid, including Fentanyl, overdoses.
Sec. 7262. Policy on methods to reduce incentives for illicit maritime drug trafficking.
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Sec. 7263. Plan for joint and integrated maritime operational and leadership
training for United States Coast Guard and Taiwan Coast
Guard administration.
Sec. 7264. Aids to navigation.
Sec. 7265. Study and gap analysis with respect to Coast Guard Air Station
Corpus Christi aviation hanger.
Sec. 7266. Report on impacts of joint travel regulations on members of Coast
Guard who rely on ferry systems.
Sec. 7267. Report on Junior Reserve Officers’ Training Corps program.
Sec. 7268. Report on and expansion of Coast Guard Junior Reserve Officers’
Training Corps program.
Sec. 7269. Annual report on administration of sexual assault forensic examination kits.
Sec. 7270. Report on Coast Guard personnel skills.
Sec. 7271. Report on Coast Guard search and rescue operations.
Sec. 7272. Report on East Rockaway Inlet navigation.
Sec. 7273. Responsible property ownership and tracking.
Sec. 7274. Study on effects of oceanographic, weather, and coastal conditions
on Coast Guard missions.
Sec. 7275. Parental leave surge staffing program.
Sec. 7276. Modification of strategy to improve quality of life at remote units.
Sec. 7277. Retention of certain records.
Sec. 7278. Temporary installation of restroom facilities for Training Center
Cape May medical facility.
Sec. 7279. Childhood protection program.
TITLE LXXIII—SHIPPING AND NAVIGATION
Subtitle A—Merchant Mariner Credentials
Sec. 7301. Merchant mariner credentialing.
Sec. 7302. Nonoperating individual.
Subtitle B—Vessel Safety
Sec. 7311. Grossly negligent operations of a vessel.
Sec. 7312. Performance driven examination schedule.
Sec. 7313. Fishing safety training and research.
Sec. 7314. Designating pilotage waters for the Straits of Mackinac.
Sec. 7315. Requirement to report sexual offenses.
Sec. 7316. Requirements for certain fishing vessels and fish tender vessels.
Sec. 7317. Study of amphibious vessels.
Sec. 7318. St. Lucie River railroad bridge.
Subtitle C—Ports
Sec. 7321. Ports and waterways safety.
Sec. 7322. Study on Bering Strait vessel traffic projections and emergency response posture at ports of the United States.
Sec. 7323. Improving vessel traffic service monitoring.
Sec. 7324. Controlled substance onboard vessels.
Sec. 7325. Cyber-incident training.
Sec. 7326. Navigational protocols.
Sec. 7327. Anchorages.
Subtitle D—Matters Involving Uncrewed Systems
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Sec. 7331. Pilot program for governance and oversight of small uncrewed maritime systems.
Sec. 7332. Coast Guard training course.
Sec. 7333. NOAA membership on autonomous vessel policy council.
Sec. 7334. Technology pilot program.
Sec. 7335. Uncrewed systems capabilities report.
Sec. 7336. Medium unmanned aircraft systems capabilities study.
Sec. 7337. National Academy of Sciences report on uncrewed systems and use
of data.
Sec. 7338. Unmanned aircraft systems.
Subtitle E—Other Matters
Sec. 7341. Information on type approval certificates.
Sec. 7342. Clarification of authorities.
Sec. 7343. Amendments to passenger vessel security and safety requirements.
Sec. 7344. Extension of pilot program to establish a cetacean desk for Puget
Sound region.
Sec. 7345. Suspension of enforcement of use of devices broadcasting on AIS for
purposes of making fishing gear.
Sec. 7346. Classification societies.
Sec. 7347. Abandoned and derelict vessel removals.
Sec. 7348. Offshore operations.
Sec. 7349. Port access routes.
TITLE LXXIV—OIL POLLUTION RESPONSE
Sec. 7401. Vessel response plans.
Sec. 7402. Use of marine casualty investigations.
Sec. 7403. Timing of review.
Sec. 7404. Online incident reporting system.
Sec. 7405. Investment.
Sec. 7406. Additional response assets.
Sec. 7407. International maritime oil spill response.
TITLE LXXV—SEXUAL ASSAULT AND SEXUAL HARASSMENT
RESPONSE
Subtitle A—Accountability Implementation
Sec. 7501. Independent review of Coast Guard reforms.
Sec. 7502. Coast Guard implementation of independent review commission recommendations on addressing sexual assault and sexual harassment in the military.
Subtitle B—Misconduct
Sec. 7511. Covered misconduct.
Sec. 7512. Policy relating to care and support of victims of covered misconduct.
Sec. 7513. Flag officer review of, and concurrence in, separation of members
who have reported covered misconduct.
Sec. 7514. Policy and program to expand prevention of sexual misconduct.
Sec. 7515. Training and education programs for covered misconduct prevention
and response.
Subtitle C—Other Matters
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Sec. 7521. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons.
Sec. 7522. Development of policies on military protective orders.
Sec. 7523. Establishment of special victim capabilities to respond to allegations
of certain special victim offenses.
Sec. 7524. Participation in CATCH a Serial Offender program.
Sec. 7525. Confidential reporting of sexual harassment.
Sec. 7526. Report on policy on whistleblower protections.
Sec. 7527. Coast Guard and Coast Guard Academy access to defense sexual assault incident database.
Sec. 7528. Expedited transfer in cases of sexual misconduct or domestic violence.
Sec. 7529. Access to temporary separation program for victims of alleged sexrelated offenses.
Sec. 7530. Continuous vetting of security clearances.
TITLE LXXVI—COMPTROLLER GENERAL REPORTS
Sec. 7601. Comptroller General report on Coast Guard research, development,
and innovation program.
Sec. 7602. Comptroller General study on vessel traffic service center employment, compensation, and retention.
Sec. 7603. Comptroller General review of quality and availability of Coast
Guard behavioral health care and resources for personnel
wellness.
Sec. 7604. Comptroller General study on Coast Guard efforts to reduce prevalence of missing or incomplete medical records and sharing of
medical data with Department of Veterans Affairs and other
entities.
Sec. 7605. Comptroller General study on Coast Guard training facility infrastructure.
Sec. 7606. Comptroller General study on facility and infrastructure needs of
Coast Guard stations conducting border security operations.
Sec. 7607. Comptroller General study on Coast Guard basic allowance for housing.
Sec. 7608. Comptroller General report on safety and security infrastructure at
Coast Guard Academy.
Sec. 7609. Comptroller General study on athletic coaching at Coast Guard
Academy.
Sec. 7610. Comptroller General study and report on permanent change of station process.
Sec. 7611. Comptroller General review of Coast Guard Investigative Service.
TITLE LXXVII—AMENDMENTS
Sec. 7701. Amendments.
1
SEC. 7002. DEFINITIONS AND DIRECTIONS.
2
(a) DEFINITIONS.—In this division:
3
4
(1) COMMANDANT.—The term ‘‘Commandant’’
means the Commandant of the Coast Guard.
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1
(2) SECRETARY.—Unless otherwise specified,
2
the term ‘‘Secretary’’ means the Secretary of the de-
3
partment in which the Coast Guard is operating.
4
(b) DIRECTIONS.—In this division, when Secretary or
5 the Commandant are directed to provide or develop—
6
(1) a briefing, such briefing shall be accom-
7
panied by a narrative description, and at the option
8
of any committee designated as a recipient, be deliv-
9
ered in person;
10
(2) a policy, such policy shall be detailed, in
11
writing, and publicly available, but may contain a
12
classified annex;
13
(3) a plan, such plan shall be detailed, and in
14
writing;
15
(4) a report, such report shall be detailed and
16
in writing; and
17
(5) a strategy, such strategy shall be detailed
18
19
and in writing.
SEC.
7103.
20
21
AUTOMATIC
EXECUTION
OF
CONFORMING
CHANGES.
(a) TITLE 14.—Chapter 1 of title 14, United States
22 Code, is amended by adding at the end the following new
23 section:
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1 ‘‘§ 107. Automatic execution of conforming changes
2
‘‘(a) IN GENERAL.—When an amendment to a cov-
3 ered Coast Guard law adds a section or larger organiza4 tional unit to the covered Coast Guard law, repeals or
5 transfers a section or larger organizational unit in the cov6 ered Coast Guard law, or amends the designation or head7 ing of a section or larger organizational unit in the covered
8 Coast Guard law, that amendment also shall have the ef9 fect of amending any analysis, table of contents, or similar
10 tabular entries in the covered Coast Guard law to alter
11 the table to conform to the changes made by the amend12 ment.
13
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to
14 an amendment described in such subsection when—
15
‘‘(1) the amendment or a clerical amendment
16
enacted at the same time expressly amends a table
17
of sections, table of contents, or similar tabular en-
18
tries in the covered maritime law to alter the table
19
to conform to the changes made by the amendment;
20
or
21
‘‘(2) the amendment otherwise expressly ex-
22
empts itself from the operation of this section.
23
‘‘(c) COVERED COAST GUARD LAW DEFINED.—In
24 this section, the term ‘covered Coast Guard law’ means—
25
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1
‘‘(2) any Coast Guard authorization Act that
2
authorizes funds to be appropriated for a fiscal year
3
to the Coast Guard; and
4
‘‘(3) any other law designated in the text there-
5
of as a covered Coast Guard law for purposes of ap-
6
plication of this section.’’.
7
(b) TITLE 46.—Subtitle I of title 46, United States
8 Code, is amended by inserting after chapter 1 the fol9 lowing:
10 ‘‘CHAPTER 3—AUTOMATIC EXECUTION OF
CONFORMING CHANGES
11
12 ‘‘§ 301. Automatic execution of conforming changes
13
‘‘(a) IN GENERAL.—When an amendment to a cov-
14 ered maritime law adds a section or larger organizational
15 unit to the covered maritime law, repeals or transfers a
16 section or larger organizational unit in the covered mari17 time law, or amends the designation or heading of a sec18 tion or larger organizational unit in the covered maritime
19 law, that amendment also shall have the effect of amend20 ing any analysis, table of contents, or similar tabular en21 tries in the covered maritime law to alter the table to con22 form to the changes made by the amendment.
23
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to
24 an amendment described in such subsection when—
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1
‘‘(1) the amendment or a clerical amendment
2
enacted at the same time expressly amends a table
3
of sections, table of contents, or similar tabular en-
4
tries in the covered maritime law to alter the table
5
to conform to the changes made by the amendment;
6
or
7
‘‘(2) the amendment otherwise expressly ex-
8
empts itself from the operation of this section.
9
‘‘(c) COVERED MARITIME LAW DEFINED.—In this
10 section, the term ‘covered maritime law’ means—
11
‘‘(1) this title;
12
‘‘(2) any Maritime Administration authorization
13
Act that authorizes funds to be appropriated for a
14
fiscal year to the Maritime Administration; and
15
‘‘(3) any other law designated in the text there-
16
of as a covered maritime law for purposes of applica-
17
tion of this section.’’.
18
TITLE LXXI—COAST GUARD
Subtitle A—Authorization of
Appropriations
19
20
21
22
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is
23 amended—
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1
(1) in the matter preceding paragraph (1) by
2
striking ‘‘fiscal years 2022 and 2023’’ and inserting
3
‘‘fiscal years 2026 and 2027’’;
4
(2) in paragraph (1)—
5
(A) in subparagraph (A) by striking
6
clauses (i) and (ii) and inserting the following:
7
‘‘(i) $11,851,875,000 for fiscal year 2026;
8
and
9
‘‘(ii)
10
2027.’’;
$13,500,000,000
for
fiscal
year
11
(B) in subparagraph (B) by striking
12
‘‘$23,456,000’’ and inserting ‘‘$25,570,000’’;
13
and
14
(C) in subparagraph (C) by striking ‘‘sub-
15
paragraph (A)(ii), $24,353,000’’ and inserting
16
‘‘clause (ii) of subparagraph (A), $26,848,500’’;
17
(3) in paragraph (2)(A) by striking clauses (i)
18
and (ii) and inserting the following:
19
‘‘(i) $3,651,480,000 for fiscal year 2026;
20
and
21
‘‘(ii)
22
2027.’’;
23
(4) in paragraph (3) by striking subparagraphs
24
$3,700,000,000
for
fiscal
year
(A) and (B) and inserting the following:
25
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1
‘‘(B) $70,000,000 for fiscal year 2027.’’;
2
and
3
(5) by striking paragraph (4) and inserting the
4
following:
5
‘‘(4) For retired pay, including the payment of
6
obligations otherwise chargeable to lapsed appropria-
7
tions for purposes of retired pay, payments under
8
the Retired Serviceman’s Family Protection and
9
Survivor Benefits Plans, payment for career status
10
bonuses, payment of continuation pay under section
11
356 of title 37, concurrent receipts, combat-related
12
special compensation, and payments for medical care
13
of retired personnel and their dependents under
14
chapter 55 of title 10—
15
‘‘(A) $1,057,929,000 for fiscal year 2026;
16
and
17
‘‘(B)
18
19
for
fiscal
year
2027.’’.
SEC. 7102. AUTHORIZED LEVELS OF MILITARY STRENGTH
20
21
$1,215,000,000
AND TRAINING.
(a) IN GENERAL.—Section 4904 of title 14, United
22 States Code, is amended—
23
(1) in subsection (a) by striking ‘‘44,500 for
24
each of fiscal years 2022 and 2023’’ and inserting
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‘‘50,000 for fiscal years 2026, and 55,000 for fiscal
2
year 2027’’; and
3
(2) in subsection (b)—
4
(A) in the matter preceding paragraph (1)
5
by striking ‘‘for each of fiscal years 2022 and
6
2023’’;
7
(B) in paragraph (1) by striking ‘‘2,500
8
student years’’ and inserting ‘‘4,000 student
9
years for each of fiscal years 2026 and 2027’’;
10
(C) in paragraph (2) by striking ‘‘165 stu-
11
dent years’’ and inserting ‘‘250 student years
12
for each of fiscal years 2026 and 2027’’;
13
(D) in paragraph (3) by striking ‘‘385 stu-
14
dent years’’ and inserting ‘‘700 student years
15
for each of fiscal years 2026 and 2027’’; and
16
(E) in paragraph (4) by striking ‘‘1,200
17
student years’’ and inserting ‘‘1,600 student
18
years for each of fiscal years 2026 and 2027’’.
19
(b) REPORTING REQUIREMENT.—In any fiscal year
20 in which the submission required under section 1105 of
21 title 31, United States Code, does not include a propor22 tional increase in the Operations and Support funding
23 under section 4902(1)(A) of title 14, United States Code,
24 to support the end strengths authorized under the amend25 ments made by subsection (a)—
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1
(1) the Commandant shall provide to the Com-
2
mittee on Transportation and Infrastructure of the
3
House of Representatives and the Committee on
4
Commerce, Science, and Transportation of the Sen-
5
ate a report on the plan of the Coast Guard to
6
achieve growth in the Coast Guard’s military
7
strength to 60,000, which shall include—
8
(A) proposed missions and purposes for
9
the growth of the Coast Guard in military
10
strength;
11
12
(B) for each fiscal year from 2027 through
2032—
13
(i) the additional estimated cost of
14
salaries and all benefits, including housing,
15
education, and medical benefits;
16
17
(ii) estimated recruiting and training
resources and costs; and
18
(iii) estimated resources and costs re-
19
quired to achieve sufficient training capac-
20
ity for growth in enlisted and officer corps;
21
and
22
(C) an explanation for why the estimated
23
cost in subparagraph (B) was not included in
24
the submission required under section 1105 of
25
title 31, United States Code; and
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1
(2) the Commandant may not delegate the
2
briefing required in paragraph (1).
3
(c) RULE OF APPLICABILITY.—Section 517(a) of title
4 10, United States Code, shall not apply with respect to
5 the Coast Guard until October 1, 2027.
6
Subtitle B—Accountability
7
SEC. 7111. ANNUAL REPORT ON PROGRESS OF CERTAIN
8
9
HOMEPORTING PROJECTS.
(a) REPORT.—
10
(1) IN GENERAL.—Not later than 180 days
11
after the date of enactment of this Act, the Com-
12
mandant shall submit to the Committee on Trans-
13
portation and Infrastructure of the House of Rep-
14
resentatives and the Committee on Commerce,
15
Science, and Transportation of the Senate a report
16
on the status of shore infrastructure required to
17
homeport or station all surface and aviation assets
18
to be delivered as part of Level 1 or Level 2 acquisi-
19
tions that have entered the obtain phase as author-
20
ized under section 1132(b) of title 14, United States
21
Code.
22
23
(2) ELEMENTS.—The report required under
paragraph (1) shall include—
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1
(A) a description of the current homeports
2
and stations to which of Coast Guard cutters
3
and aircraft are assigned;
4
(B) a description of cutters or aircrafts
5
that are able to be located by the homeport or
6
station to which they are assigned;
7
(C) the current number of aircraft and
8
cutters planned for the program of record of
9
the Coast Guard;
10
(D) a description of cutter and aircraft
11
which are scheduled to be decommissioned or
12
put in special commission status; and
13
(E) a description of where new cutters and
14
aircraft being acquired as part of the program
15
of record of the Coast Guard will be assigned,
16
including—
17
(i) an assessment of the shoreside and
18
infrastructure needs for such cutters and
19
aircrafts; and
20
(ii) an assessment of whether existing
21
facilities are adequate to support such cut-
22
ter and aircraft, and the costs of planning,
23
engineering, design construction, land ac-
24
quisition, and environmental remediation.
25
(b) INITIAL REPORT.—
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1
(1) IN GENERAL.—Not later than 90 days after
2
the date of enactment of this Act, the Commandant
3
shall issue a report detailing the progress of all ap-
4
proved Coast Guard cutter homeporting projects
5
within the Coast Guard Arctic District with respect
6
to each of the following:
7
(A) Fast Response Cutters.
8
(B) Offshore Patrol Cutters.
9
(C) The USCGC Storis procured pursuant
10
to section 11223 of the Don Young Coast
11
Guard Authorization Act of 2022 (14 U.S.C.
12
561 note).
13
(2) ELEMENTS.—The report required under
14
paragraph (1) shall include, with respect to each
15
homeporting project described in such paragraph,
16
the following:
17
(A) A description of—
18
19
(i) the status of funds appropriated
for the project;
20
21
(ii) activities carried out toward completion of the project; and
22
(iii) activities anticipated to be carried
23
out during the subsequent 1-year period to
24
advance completion of the project.
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1
(B) An updated timeline, including key
2
3
milestones, for the project.
(c) SUBSEQUENT REPORTS.—Not later than July 1
4 of the first calendar year after the year in which the report
5 required under subsection (b)(1) is submitted, and each
6 July 1 thereafter until July 2, 2031, or the date on which
7 all projects described in subsection (b)(1) are completed,
8 the Commandant shall issue an updated report, with re9 spect to each Coast Guard cutter homeporting project de10 scribed in subsection (a)(1) (including any such project
11 approved on a date after the date of enactment of this
12 Act and before the submission of the applicable report),
13 containing each element described in subsection (a)(2).
14
(d) REPORT ON CAPACITY OF COAST GUARD BASE
15 KETCHIKAN.—
16
(1) IN GENERAL.—Not later than 90 days after
17
the date of enactment of this Act, the Commandant
18
shall complete a report detailing the cost of and time
19
frame for expanding the industrial capacity of Coast
20
Guard Base Ketchikan to do out of water repairs on
21
Fast Response Cutters.
22
(2) REPORT.—Not later than 120 days after
23
the date of enactment of this Act, the Commandant
24
shall submit to the Committee on Transportation
25
and Infrastructure of the House of Representatives
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1
and the Committee on Commerce, Science, and
2
Transportation of the Senate the report required
3
under paragraph (1).
4
(e) PUBLIC AVAILABILITY.—The Commandant shall
5 publish each report issued under this section on a publicly
6 accessible website of the Coast Guard.
7
(f) HOMEPORTING PROJECT DEFINED.—In this sec-
8 tion, the term ‘‘homeporting project’’ means the facility
9 infrastructure modifications, upgrades, new construction,
10 and real property and land acquisition associated with
11 homeporting new or modified cutters.
12
13
SEC. 7112. MAJOR ACQUISITIONS.
(a) IN GENERAL.—Section 5103 of title 14, United
14 States Code, is amended—
15
(1) in subsection (a) by striking ‘‘major acquisi-
16
tion programs’’ and inserting ‘‘Level 1 acquisitions
17
or Level 2 acquisitions’’;
18
(2) in subsection (b) by striking ‘‘major acquisi-
19
tion program’’ and inserting ‘‘Level 1 acquisition or
20
Level 2 acquisition’’; and
21
(3) by amending subsection (f) to read as fol-
22
lows:
23
‘‘(f) DEFINITIONS.—In this section:
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‘‘(1) LEVEL 1 ACQUISITION.—The term ‘Level 1
2
acquisition’ has the meaning given such term in sec-
3
tion 1171.
4
‘‘(2) LEVEL 2 ACQUISITION.—The term ‘Level 2
5
acquisition’ has the meaning given such term in sec-
6
tion 1171.’’.
7
(b) MAJOR ACQUISITION PROGRAM RISK ASSESS-
8
MENT.—Section 5107 of title 14, United States Code, is
9 amended by striking ‘‘section 5103(f)’’ and inserting ‘‘sec10 tion 1171’’.
11
SEC. 7113. QUARTERLY ACQUISITION BRIEF REQUIRE-
12
13
MENTS.
(a) IN GENERAL.—Section 5107 of title 14, United
14 States Code, is amended to read as follows:
15 ‘‘§ 5107 Quarterly acquisition reports and major ac16
quisition program risk assessment
17
‘‘(a) IN GENERAL.—Not later than 45 days after the
18 end of each fiscal quarter, the Commandant shall provide
19 to the Committee on Transportation and Infrastructure
20 of the House of Representatives and the Committee on
21 Commerce, Science, and Transportation of the Senate a
22 briefing on all Level 1 and Level 2 acquisition programs,
23 as such terms are defined in section 1171.
24
‘‘(b) ADDITIONAL BRIEFING.—Not later than 1 week
25 before taking procurement actions that will significantly
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1 impact the costs or timelines of a Level 1 or Level 2 acqui2 sition program, the Commandant shall brief the commit3 tees described in subsection (a).
4
‘‘(c) ELEMENTS.—Each briefing required under sub-
5 section (a) or (b) shall include, for each program—
6
7
‘‘(1) a description of the purpose of the program, including the capabilities being acquired;
8
‘‘(2) the total number of units, as appropriate,
9
to be acquired annually until procurement is com-
10
plete under the current acquisition program baseline;
11
‘‘(3) the Acquisition Review Board status, in-
12
cluding—
13
‘‘(A) the current acquisition phase by in-
14
crement, as applicable;
15
‘‘(B) the date of the most recent review;
16
and
17
‘‘(C) whether the program has been paused
18
or is in breach status;
19
‘‘(4) a comparison between the initial Depart-
20
ment-approved acquisition program baseline cost,
21
schedule, and performance thresholds and objectives
22
and the current such thresholds and objectives of the
23
program, if applicable;
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‘‘(5) the lifecycle cost estimate, adjusted for
2
comparison to the Future Coast Guard Program, in-
3
cluding—
4
‘‘(A) the confidence level for the estimate;
5
‘‘(B) the fiscal years included in the esti-
6
mate;
7
‘‘(C) a breakout of the estimate for the
8
prior five years, the current year, and the budg-
9
et year;
10
‘‘(D) a breakout of the estimate by appro-
11
priation account or other funding source; and
12
‘‘(E) a description of and rationale for any
13
changes to the estimate as compared to the pre-
14
vious quarter or to the previously approved
15
baseline, as applicable;
16
‘‘(6) a summary of the findings of any inde-
17
pendent verification and validation of the items to be
18
acquired or an explanation for why no such
19
verification and validation has been performed;
20
‘‘(7) a table displaying the obligation of all pro-
21
gram funds by prior fiscal year, the estimated obli-
22
gation of funds for the current fiscal year, and an
23
estimate for the planned carryover of funds into the
24
subsequent fiscal year;
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1
2
‘‘(8) a listing of prime contractors and major
subcontractors; and
3
‘‘(9) narrative descriptions of risks to cost,
4
schedule, or performance that could result in a pro-
5
gram breach if not successfully mitigated, includ-
6
ing—
7
‘‘(A) the current risks to such program;
8
‘‘(B) any failure of such program to dem-
9
onstrate a key performance parameter or
10
threshold during operational test and evaluation
11
conducted during the previous fiscal year;
12
‘‘(C) whether there has been any decision
13
in such fiscal year to order full-rate production
14
before all key performance parameters or
15
thresholds are met;
16
‘‘(D) whether there has been any breach of
17
major acquisition program cost (as such term is
18
defined in the manual of the Coast Guard titled
19
‘Major
20
(COMDTINST M5000.10C)) in such fiscal
21
year; and
Systems
Acquisition
Manual’
22
‘‘(E) whether there has been any breach of
23
major acquisition program schedule (as such
24
term is defined in the manual of the Coast
25
Guard titled ‘Major Systems Acquisition Man-
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1
ual’ (COMDTINST M5000.10C)) during such
2
fiscal year.
3
‘‘(d) MEMORANDUM DEADLINE.—Not later than 5
4 business days after the date on which the Secretary ap5 proves an Acquisition Decision Memorandum for pro6 grams described in this section, the Commandant shall
7 submit such memorandum to the Committee on Transpor8 tation and Infrastructure of the House of Representatives
9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate.’’.
11
(b) CLERICAL AMENDMENT.—The analysis for chap-
12 ter 51 of title 14, United States Code, is amended by
13 striking the item relating to section 5107 and inserting
14 the following:
‘‘5107. Quarterly acquisition reports and major acquisition program risk assessment.’’.
15
16
SEC. 7114. OVERDUE REPORTS.
(a) IN GENERAL.—Chapter 51 of title 14, United
17 States Code, is amended by adding at the end the fol18 lowing:
19 ‘‘§ 5116. Status of overdue reports
20
‘‘(a) IN GENERAL.—Not later than 60 days after the
21 date of enactment of this section, and not later than
22 March 1 of each year thereafter, the Commandant shall
23 submit to the Committee on Transportation and Infra24 structure of the House of Representatives and the Comg:\VHLC\120725\120725.005.xml
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1 mittee on Commerce, Science, and Transportation of the
2 Senate a report on the status of reports or briefings re3 quired under this chapter that have not been delivered to
4 Congress.
5
‘‘(b) CONTENTS.—The report required under section
6 (a) shall contain the following:
7
‘‘(1) The status of each required report or
8
briefing that has not been delivered to Congress, in-
9
cluding the date the report or briefing is due, and
10
if applicable, the number of days the Coast Guard
11
has exceeded the required completion date.
12
‘‘(2) A detailed written plan and timeline for
13
the next steps to be taken to complete such out-
14
standing reports or briefings.
15
‘‘(3) The name, position, and agency of each
16
Federal official responsible for writing, reviewing,
17
editing, and approving the report, as well as the re-
18
sponsibility of such official in regard to the report,
19
and how long that report has been under the respon-
20
sibility with such Federal official after being received
21
from the previous Federal official responsible.
22
23
‘‘(4) The name of the flag officer responsible
for the completion of each report or briefing.’’.
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1
(b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 51 of title 14, United States Code, is amended by add3 ing at the end the following:
‘‘5116. Status of overdue reports.’’.
4
SEC. 7115. REQUIREMENT FOR COAST GUARD TO PROVIDE
5
ANALYSIS OF ALTERNATIVES FOR AIRCRAFT.
6
(a) IN GENERAL.—Not later than 6 months after the
7 date of enactment of this Act, the Commandant shall sub8 mit to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Committee
10 on Commerce, Science, and Transportation of the Senate
11 a report on the status of the implementation of the rec12 ommendations contained in the report of the Government
13 Accountability Office titled ‘‘Aircraft Fleet and Aviation
14 Workforce Assessments Needed,’’ and issued April 9,
15 2024 (GAO–24–106374).
16
(b) CONTENTS.—The report required under section
17 (a) shall contain the following:
18
(1) An assessment of the type of helicopters the
19
Coast Guard requires to meet the mission demands
20
of the Coast Guard.
21
(2) An analysis of alternatives, including an an-
22
alytical study comparing the operational effective-
23
ness, costs, and risks to determine the best suited
24
aircraft to meet mission needs.
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1
(3) A fleet mix analysis to identify the nec-
2
essary number of helicopters to meet the mission
3
needs of the Coast Guard across all districts, includ-
4
ing all air stations, seasonal air stations, and cutters
5
designed to support rotary wing aircraft.
6
(c) MINIMUM ROTARY WING FLEET.—
7
(1) IN
GENERAL.—The
Commandant shall
8
maintain an operational, geographically dispersed ro-
9
tary wing fleet of not less than—
10
(A) 140 aircraft for the purpose of meeting
11
minimum operational capabilities until the
12
Commandant submits the report required under
13
this section; and
14
(B) 175 aircraft for the purpose of meet-
15
ing minimum operational capabilities on any
16
date after September 30, 2030, until the Com-
17
mandant submits a determination that the
18
Coast Guard can meet its mission capabilities
19
with fewer aircraft.
20
(2) REPORT.—In the event the operational ro-
21
tary wing fleet of the Coast Guard falls below the
22
requirements of this subsection, the Commandant
23
shall provide to the Committee on Transportation
24
and Infrastructure of the House of Representatives
25
and the Committee on Commerce, Science, and
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1
Transportation of the Senate a notification not later
2
than 5 business days after the inability of the Com-
3
mandant to meet the requirement. This report shall
4
be submitted to such committees every 120 days
5
until the Coast Guard meets the requirement of 175
6
rotary wing aircraft.
7
SEC. 7116. OVERSIGHT OF FUNDS.
8
Not later than 90 days after the date of enactment
9 of this Act, and annually thereafter, the Commandant
10 shall submit to the Committee on Transportation and In11 frastructure of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the
13 Senate a detailed expenditure plan, including projected
14 project timelines for each acquisition and procurement ap15 propriated under section 1181 of title 14, United States
16 Code, and a list of project locations to be funded under
17 such section.
18
19
SEC. 7117. REGULAR POLAR SECURITY CUTTER UPDATES.
(a) REPORT.—
20
(1) REPORT TO CONGRESS.—Not later than
21
120 days after the date of enactment of this Act, the
22
Commandant and the Chief of Naval Operations
23
shall submit to the Committee on Transportation
24
and Infrastructure of the House of Representatives,
25
the Committee on Commerce, Science, and Trans-
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1
portation of the Senate, and the Committees on
2
Armed Services of the Senate and the House of Rep-
3
resentatives a report on the status of acquisition of
4
Polar Security Cutters.
5
6
(2) ELEMENTS.—The report under paragraph
(1) shall include—
7
(A) a detailed timeline for the acquisition
8
process of Polar Security Cutters, including ex-
9
pected milestones and a projected commis-
10
sioning date for the first 3 Polar Security Cut-
11
ters;
12
(B) an accounting of the previously appro-
13
priated funds spent to date on the Polar Secu-
14
rity Cutter Program, updated cost projections
15
for Polar Security Cutters, and projections for
16
when additional funds will be required;
17
(C) potential factors and risks that could
18
further delay or imperil the completion of Polar
19
Security Cutters; and
20
(D) a review of the acquisition of Polar Se-
21
curity Cutters to date, including factors that led
22
to substantial cost overruns and delivery delays.
23
(b) BRIEFINGS.—
24
(1) PROVISION TO CONGRESS.—Not later than
25
90 days after the submission of the report under
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1
subsection (a), and not less frequently than every 90
2
days thereafter until the final Polar Security Cutter
3
achieves full operational capability, the Commandant
4
and the Chief of Naval Operations shall provide to
5
the Committee on Transportation and Infrastructure
6
of the House of Representatives, the Committee on
7
Commerce, Science, and Transportation of the Sen-
8
ate, and the Committees on Armed Services of the
9
Senate and the House of Representatives a detailed
10
briefing in person and in writing on the status of the
11
Polar Security Cutter acquisition process.
12
(2) TIMELINE.—The briefings under paragraph
13
(1) shall occur after any key milestone in the Polar
14
Security Cutter acquisition process, but not less fre-
15
quently than every 90 days.
16
17
(3) ELEMENTS.—Each briefing under paragraph (1) shall include—
18
(A) a summary of acquisition progress
19
since the most recent previous briefing con-
20
ducted pursuant to paragraph (1);
21
(B) an updated timeline and budget esti-
22
mate for acquisition and building of pending
23
Polar Security Cutters; and
24
(C) an explanation of any delays or addi-
25
tional costs incurred in the acquisition progress.
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1
(c) NOTIFICATIONS.—In addition to the briefings re-
2 quired under subsection (b), the Commandant and the
3 Chief of Naval Operations shall notify the Committee on
4 Transportation and Infrastructure of the House of Rep5 resentatives, the Committee on Commerce, Science, and
6 Transportation of the Senate, and the Committees on
7 Armed Services of the Senate and the House of Represent8 atives within 3 business days of any significant change to
9 the scope or funding level of the Polar Security Cutter
10 acquisition strategy of such change.
11
SEC. 7118. ANNUAL PLAN FOR COAST GUARD OPERATIONS
12
IN THE PACIFIC; FEASIBILITY STUDY ON SUP-
13
PORTING ADDITIONAL PORT VISITS AND DE-
14
PLOYMENTS
15
BLUE PACIFIC.
IN
SUPPORT
OF
OPERATION
16
(a) ANNUAL PLAN FOR COAST GUARD OPERATIONS
17
IN THE PACIFIC.—Not later than December 31, 2026, and
18 annually thereafter until December 31, 2030, the Com19 mandant of the Coast Guard, in consultation with the Sec20 retary of State and Secretary of Defense, shall submit to
21 the appropriate congressional committees a plan for Coast
22 Guard operations in the Pacific region for the year after
23 the year during which the plan is submitted. Such plan
24 shall include, for the year covered by the plan, each of
25 the following elements:
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1
(1) A list of objectives for Coast Guard engage-
2
ment in the Pacific region in support of Department
3
of State and Department of Defense missions.
4
(2) An assessment of the capabilities of the
5
Coast Guard to support Department of State and
6
Department of Defense missions in the Pacific re-
7
gion.
8
(3) A list of any areas in the Pacific region
9
where an increased Coast Guard presence would bet-
10
ter support Department of State and Department of
11
Defense missions.
12
(4) The projected demand for Coast Guard en-
13
gagement in the Pacific region from the Department
14
of State and the Department of Defense for the year
15
covered by the plan and the subsequent 10 years.
16
(5) An assessment of whether the Coast Guard
17
will be able to meet such projected demand for the
18
year covered by the plan, including—
19
(A) a list of any factors limiting the ability
20
of the Coast Guard to meet such projected de-
21
mand; and
22
(B) an analysis of the location from which
23
any Coast Guard assets used to carry out mis-
24
sions in the Pacific, in addition to assets avail-
25
able in the year prior to the year in which the
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2274
1
plan is submitted, will be transferred and any
2
associated gaps in Coast Guard mission cov-
3
erage any such transfers will create.
4
(6) A summary of the resources needed for the
5
Coast Guard to meet such projected demand for the
6
year covered by the plan, including—
7
(A) staff;
8
(B) infrastructure, including shore infra-
9
structure;
10
(C) administrative and logistical support;
11
and
12
(D) technology.
13
(7) Any other matter as determined relevant by
14
the Commandant.
15
(b) ANNUAL BUDGET DISPLAY FOR COAST GUARD
16 OPERATIONS IN THE PACIFIC.—Not later than February
17 15, 2027, and annually until February 15, 2031, the Com18 mandant of the Coast Guard shall submit to the appro19 priate congressional committees a detailed budget display
20 for Coast Guard operations in the Pacific region for the
21 fiscal year after the fiscal year during which the budget
22 display is submitted. The Commandant shall base such
23 budget display on the projected demand for Coast Guard
24 engagement in the Pacific region as identified in the most
25 recent annual plan developed under subsection (a). Such
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1 budget display shall include, for the year covered by the
2 budget display, the following information:
3
(1) With respect to procurement accounts,
4
amounts displayed by account, budget activity, line
5
number, line item, and line item title.
6
(2) With respect to research, development, test,
7
and evaluation accounts, amounts displayed by ac-
8
count, budget activity, line number, program ele-
9
ment, and program element title.
10
(3) With respect to operation and maintenance
11
accounts, amounts displayed by account title, budget
12
activity title, line number, and subactivity group
13
title.
14
(4) With respect to military personnel accounts,
15
amounts displayed by account, budget activity, budg-
16
et subactivity, and budget subactivity title.
17
(c) FEASIBILITY STUDY
18
ON
SUPPORTING ADDI-
TIONAL PORT VISITS AND DEPLOYMENTS IN SUPPORT OF
19 OPERATION BLUE PACIFIC.—Not later than 180 days
20 after the date of enactment of this Act, the Secretary of
21 the department in which the Coast Guard is operating
22 when not operating as a service in the Navy, in consulta23 tion with the Secretary of Defense, shall—
24
(1) complete a study on the feasibility and ad-
25
visability of supporting additional Coast Guard port
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2276
1
visits, deployments, and the availability of fast re-
2
sponse cutters in the Northern Mariana Islands, in
3
support of Operation Blue Pacific, or any successor
4
operation oriented toward Oceania;
5
(2) include, as part of the study under para-
6
graph (1), an analysis of where any Coast Guard as-
7
sets used for port visits and deployments in support
8
of Operation Blue Pacific, or any successor oper-
9
ation oriented toward Oceania, will be transferred
10
from and any associated gaps in Coast Guard cov-
11
erage any such transfer will create; and
12
(3) submit to the Committee on Armed Services
13
and the Committee on Commerce, Science, and
14
Transportation of the Senate and the Committee on
15
Armed Services and the Committee on Transpor-
16
tation and Infrastructure of the House of Represent-
17
atives a report on the findings of such study.
18
(d) FORM.—Each plan under subsection (a) and each
19 display under subsection (b) shall be submitted in unclas20 sified form but may include a classified annex.
21
(e) BRIEFING REQUIRED.—Not later than February
22 15, 2027, and annually until February 15, 2031, the Com23 mandant shall provide to the appropriate congressional
24 committees a briefing on the plans required under sub25 section (a) and the budget display required by subsection
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2277
1 (b) for the fiscal year after the fiscal year during which
2 the briefing is provided.
3
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
4
FINED.—In this section, the term ‘‘appropriate congres-
5 sional committees’’ means—
6
7
(1) the Committee on Transportation and Infrastructure of the House of Representatives;
8
9
(2) the Committee on Appropriations of the
House of Representatives;
10
11
(3) the Committee on Armed Services of the
House of Representatives;
12
13
(4) the Committee on Commerce, Science, and
Transportation of the Senate;
14
15
(5) the Committee on Appropriations of the
Senate; and
16
17
18
(6) the Committee on Armed Services of the
Senate.
SEC. 7119. ANNUAL PLAN FOR COAST GUARD OPERATIONS
19
20
IN THE CARIBBEAN.
(a) IN GENERAL.—Not later than December 31,
21 2026, and annually thereafter for three years, the Com22 mandant of the Coast Guard, in consultation with the Sec23 retary of State and Secretary of Defense, shall submit to
24 the appropriate congressional committees a plan for Coast
25 Guard operations in the Caribbean region for the year
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1 after the year during which the plan is submitted. Such
2 plan shall include, for the year covered by the plan, each
3 of the following elements:
4
(1) A list of objectives for Coast Guard engage-
5
ment in the such region in support of Department
6
of State and Department of Defense missions.
7
(2) An assessment of the capabilities of the
8
Coast Guard to support Department of State and
9
Department of Defense missions in such region.
10
(3) A list of any areas in such region where an
11
increased Coast Guard presence would better sup-
12
port Department of State and Department of De-
13
fense missions.
14
(4) The projected demand for Coast Guard en-
15
gagement in the Caribbean region from the Depart-
16
ment of State and the Department of Defense for
17
the year covered by the plan and the subsequent 10
18
years.
19
(5) An assessment of whether the Coast Guard
20
will be able to meet such projected demand for the
21
year covered by the plan, including—
22
(A) a list of any factors limiting the ability
23
of the Coast Guard to meet such projected de-
24
mand; and
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2279
1
(B) an analysis of the location from which
2
any Coast Guard assets used to carry out mis-
3
sions in such region, in addition to assets avail-
4
able in the year prior to the year in which the
5
plan is submitted, will be transferred and any
6
associated gaps in Coast Guard mission cov-
7
erage any such transfers will create.
8
(6) A summary of the resources needed for the
9
Coast Guard to meet such projected demand for the
10
year covered by the plan, including—
11
(A) staff;
12
(B) infrastructure, including shore infra-
13
structure;
14
(C) administrative and logistical support;
15
and
16
(D) technology.
17
(7) Any other matter as determined relevant by
18
the Commandant.
19
(b) ANNUAL BUDGET DISPLAY FOR COAST GUARD
20 OPERATIONS IN THE CARIBBEAN.—Not later than Feb21 ruary 15, 2027, and annually until February 15, 2031,
22 the Commandant of the Coast Guard shall submit to the
23 appropriate congressional committees a detailed budget
24 display for Coast Guard operations in the Caribbean re25 gion for the fiscal year after the fiscal year during which
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2280
1 the budget display is submitted. The Commandant shall
2 base such budget display on the projected demand for
3 Coast Guard engagement in the Caribbean region as iden4 tified in the most recent annual plan developed under sub5 section (a). Such budget display shall include, for the year
6 covered by the budget display, the following information:
7
(1) With respect to procurement accounts,
8
amounts displayed by account, budget activity, line
9
number, line item, and line item title.
10
(2) With respect to research, development, test,
11
and evaluation accounts, amounts displayed by ac-
12
count, budget activity, line number, program ele-
13
ment, and program element title.
14
(3) With respect to operation and maintenance
15
accounts, amounts displayed by account title, budget
16
activity title, line number, and subactivity group
17
title.
18
(4) With respect to military personnel accounts,
19
amounts displayed by account, budget activity, budg-
20
et subactivity, and budget subactivity title.
21
(c) FORM.—Each plan under subsection (a) and each
22 display under subsection (b) shall be submitted in unclas23 sified form but may include a classified annex.
24
(d) BRIEFING REQUIRED.—Not later than February
25 15, 2027, and annually until February 15, 2031, the Com-
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2281
1 mandant shall provide to the appropriate congressional
2 committees a briefing on the plans required under sub3 section (a) and the budget display required by subsection
4 (b) for the fiscal year after the fiscal year during which
5 the briefing is provided.
6
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
7
FINED.—In this section, the term ‘‘appropriate congres-
8 sional committees’’ means—
9
10
(1) the Committee on Transportation and Infrastructure of the House of Representatives;
11
12
(2) the Committee on Appropriations of the
House of Representatives;
13
14
(3) the Committee on Armed Services of the
House of Representatives;
15
16
(4) the Committee on Commerce, Science, and
Transportation of the Senate;
17
18
(5) the Committee on Appropriations of the
Senate; and
19
20
21
(6) the Committee on Armed Services of the
Senate.
SEC. 7120. PROHIBITION ON SUBMISSION TO CONGRESS OF
22
23
SLIDESHOW PRESENTATIONS.
A slideshow presentation, including a PowerPoint
24 document, shall not be submitted to Congress in lieu of
25 the provision of a briefing (in person or written) or the
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1 submission of a report, plan, strategy, or any other docu2 ment required by this Act or by chapter 51 of title 14,
3 United States Code.
TITLE
LXXII—ORGANIZATION,
5
AUTHORITIES, ACQUISITION,
6
AND PERSONNEL OF THE
7
COAST GUARD
8
Subtitle A—Authorities
4
9
10
SEC. 7201. REORGANIZATION OF CHAPTER 3.
(a) INITIAL MATTER.—Chapter 3 of title 14, United
11 States Code, is amended by striking the chapter designa12 tion, the chapter heading, and the table of sections at the
13 beginning and inserting the following:
‘‘CHAPTER 3—COMPOSITION AND ORGANIZATION
‘‘SUBCHAPTER I–ORGANIZATION
‘‘301. Grades and ratings
‘‘SUBCHAPTER II–POSITIONS
‘‘302. Commandant; appointment
‘‘303. Vice Commandant; appointment
‘‘304. Retirement of Commandant or Vice Commandant
‘‘305. Vice admirals
‘‘306. Retirement
‘‘307. Vice admirals and admiral, continuity of grade
‘‘308. Chief Acquisition Officer
‘‘309. Office of the Coast Guard Reserve; Director
‘‘310. Director of the Coast Guard Investigative Service
‘‘311. United States Coast Guard Band; composition; Director
‘‘312. Western Alaska Oil Spill Planning Criteria Program
‘‘313. Chief of Staff to President: appointment
‘‘314. Captains of the port
‘‘315. Congressional affairs; Director
‘‘316. Commandant Advisory Judge Advocate
‘‘317. Special Advisor to Commandant for Tribal and Native Hawaiian affairs
‘‘318. Judge Advocate General; Deputy Judge Advocate General
‘‘SUBCHAPTER III–PROGRAMS AND COMPOSITION
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‘‘331. Centers of expertise for Coast Guard prevention and response
‘‘332. Marine industry training program
‘‘333. Training course on workings of Congress
‘‘334. National Coast Guard Museum
‘‘335. Environmental Compliance and Restoration Program
‘‘336. Unmanned system program and autonomous control and computer vision
technology project
‘‘337. Coast Guard Junior Reserve Officers’ Training Corps
‘‘338. Redistricting notification requirement
‘‘339. Prevention and response workforces’’.
1
(b) REDESIGNATIONS AND TRANSFERS.—
2
(1) REQUIREMENT.—The sections of title 14,
3
United States Code, identified in the table provided
4
in paragraph (2) are amended—
5
(A) by redesignating the sections as de-
6
scribed in the table; and
7
(B) by transferring the sections, as nec-
8
essary, so that the sections appear after the
9
table of sections for chapter 3 of such title (as
10
added by subsection (a)), in the order in which
11
the sections are presented in the table.
12
(2) TABLE.—The table referred to in paragraph
13
(1) is the following:
Table 14 section number before redesignation
301 ..........................................................................
302 ..........................................................................
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Section
heading
(provided
for identification purposes onlynot amended)
Grades and
ratings
Commandant;
appointment
Title 14 section number
after redesignation
301
302
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2284
Table 14 section number before redesignation
303 ..........................................................................
304 ..........................................................................
305 ..........................................................................
306 ..........................................................................
307 ..........................................................................
308 ..........................................................................
309 ..........................................................................
310 ..........................................................................
311 ..........................................................................
312 ..........................................................................
313 ..........................................................................
314 ..........................................................................
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Section
heading
(provided
for identification purposes onlynot amended)
Retirement
of Commandant or Vice
Commandant
Vice Commandant;
appointment
Vice
admirals
Retirement
Vice
admirals
and admiral,
continuity of
grade
Chief
Acquisition
Officer
Office of the
Coast
Guard
Reserve;
Director
Chief of
Staff to
President:
appointment
Captains of
the port
Prevention
and
response
workforces
Centers of
expertise for
Coast
Guard
prevention
and
response
Marine
industry
training
program
Title 14 section number
after redesignation
304
303
305
306
307
308
309
313
314
339
331
332
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2285
Table 14 section number before redesignation
315 ..........................................................................
316 ..........................................................................
317 ..........................................................................
318 ..........................................................................
319 ..........................................................................
320 ..........................................................................
321 ..........................................................................
322 ..........................................................................
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Section
heading
(provided
for identification purposes onlynot amended)
Training for
congressional
affairs
personnel
National
Coast
Guard
Museum
United
States Coast
Guard
Band;
composition;
Director
Environmental
Compliance
and
Restoration
Program
Unmanned
system
program
and
autonomous
control and
computer
vision
technology
project
Coast
Guard
Junior
Reserve
Officers’
Training
Corps
Congressional
affairs;
Director
Redistricting
notification
requirement
Title 14 section number
after redesignation
333
334
311
335
336
337
315
338
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2286
Table 14 section number before redesignation
323 ..........................................................................
1
Section
heading
(provided
for identification purposes onlynot amended)
Title 14 section number
after redesignation
Western
Alaska Oil
Spill
Planning
Criteria
Program
312
(c) ADDITIONAL CHANGES.—Chapter 3 of title 14,
2 United States Code, is further amended—
3
(1) by inserting before section 301 (as so redes-
4
ignated and transferred under subsection (b)) the
5
following:
6
‘‘SUBCHAPTER I—ORGANIZATION’’;
7
(2) by inserting before section 302 (as so redes-
8
ignated and transferred under subsection (b)) the
9
following:
10
‘‘Subchapter II—Positions’’; and
11
(3) by inserting before section 331 (as so redes-
12
ignated and transferred under subsection (b)) the
13
following:
14
15
‘‘SUBCHAPTER III—PROGRAMS’’.
(d) CHAPTER 5.—Subchapter I of chapter 5 of title
16 14, United States Code, is amended—
17
18
(1) in section 502 by striking ‘‘The Secretary’’
and inserting the following:
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1
‘‘(a) GENERAL POWERS.—The Secretary’’;
2
(2) by redesignating section 503 as subsection
3
(b) of section 502 and transferring such section as
4
redesignated to appear after subsection (a) of sec-
5
tion 502, as amended in paragraph (1); and
6
(3) in subsection (b) of section 502, as so re-
7
designated, by striking the section enumerator and
8
heading and all that follows through ‘‘The Sec-
9
retary’’ and inserting the following:
10
‘‘(b) DELEGATION.—The Secretary’’.
11
(e) CHAPTER 3.—Chapter 3 of title 14, United States
12 Code, is amended—
13
14
(1) in section 301 by amending it to read as
follows:
15 ‘‘§ 301. Grades and ratings
16
‘‘(a) IN GENERAL.—In the Coast Guard, there shall
17 be—
18
‘‘(1) admirals (two);
19
‘‘(2) vice admirals;
20
‘‘(3) rear admirals;
21
‘‘(4) rear admirals (lower half);
22
‘‘(5) captains;
23
‘‘(6) commanders;
24
‘‘(7) lieutenant commanders;
25
‘‘(8) lieutenants;
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1
‘‘(9) lieutenants (junior grade);
2
‘‘(10) ensigns;
3
‘‘(11) chief warrant officers;
4
‘‘(12) cadets;
5
‘‘(13) warrant officers; and
6
‘‘(14) enlisted members.
7
‘‘(b) ENLISTED MEMBERS.—Enlisted members shall
8 be distributed in ratings established by the Secretary.’’;
9
10
(2) in section 303 (as so redesignated and
transferred under subsection (b)) by—
11
(A) inserting ‘‘(a) APPOINTMENT.—’’ be-
12
fore ‘‘The President’’;
13
(B) by striking ‘‘, who may be reappointed
14
for further periods of four years’’;
15
(C) by inserting the following after ‘‘Chief
16
17
of the Coast Guard’’:
‘‘(b) REAPPOINTMENT.—In time of war or during a
18 national emergency declared by Congress, the Com19 mandant may be reappointed for a term of not more than
20 4 years.’’;
21
(D) by striking ‘‘The term of an appoint-
22
23
ment’’ and inserting the following:
‘‘(c) TERM.—The term of an appointment’’; and
24
25
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(E) by striking ‘‘The Commandant while’’
and inserting the following:
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2289
1
‘‘(d) GRADE.—The Commandant while’’;
2
3
(3) in section 305(a)(1) (as so redesignated and
transferred under subsection (b))—
4
(A) in the matter preceding subparagraph
5
(A) by striking ‘‘may’’ and inserting ‘‘shall’’;
6
(B) in subparagraph (A)(ii) by striking ‘‘be
7
the chief of staff of the Coast Guard’’ and in-
8
serting ‘‘oversee personnel management, work-
9
force, and dependent support, training, and re-
10
lated matters’’;
11
(4) in section 307 in the section heading by
12
striking ‘‘Admiral’’ and inserting ‘‘Admirals’’;
13
(5) by inserting after section 309 (as so redes-
14
ignated and transferred under subsection (b)) the
15
following:
16 ‘‘§ 310. Director of Coast Guard Investigative Service
17
‘‘(a) IN GENERAL.—There shall be a Director of the
18 Coast Guard Investigative Service.
19
‘‘(b) CHAIN OF COMMAND.—The Director of the
20 Coast Guard Investigative Service shall report directly to
21 and be under the general supervision of the Commandant,
22 acting through the Vice Commandant of the Coast
23 Guard.’’;
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1
(6) by inserting after section 315 (as so redes-
2
ignated and transferred under subsection (b)) the
3
following:
4 ‘‘§ 316. Commandant Advisory Judge Advocate
5
‘‘There shall be in the Coast Guard a Commandant
6 Advisory Judge Advocate who is a judge advocate in a
7 grade of O-6. The Commandant Advisory Judge Advocate
8 shall be assigned to the staff of the Commandant in the
9 first regularly scheduled O-6 officer assignment panel to
10 convene following the date of the enactment of the Coast
11 Guard Authorization Act of 2025 and perform such duties
12 relating to legal matters arising in the Coast Guard as
13 such legal matters relate to the Commandant, as may be
14 assigned.
15 ‘‘§ 317. Special Advisor to Commandant for Tribal
16
17
and Native Hawaiian Affairs
‘‘(a) IN GENERAL.—In accordance with Federal trust
18 responsibilities and treaty obligations, laws, and policies
19 relevant to Indian Tribes and in support of the principles
20 of self-determination, self-governance, and co-management
21 with respect to Indian Tribes, and to support engagement
22 with Native Hawaiians, there shall be in the Coast Guard
23 a Special Advisor to the Commandant for Tribal and Na24 tive Hawaiian Affairs (in this section referred to as the
25 ‘Special Advisor’), who shall—
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1
2
‘‘(1) be selected by the Secretary and the Commandant through a competitive search process;
3
‘‘(2) have expertise in Federal Indian law and
4
policy, including government-to-government con-
5
sultation;
6
‘‘(3) to the maximum extent practicable, have
7
expertise in legal and policy issues affecting Native
8
Hawaiians; and
9
‘‘(4) have an established record of distinguished
10
service and achievement working with Indian Tribes,
11
Tribal organizations, and Native Hawaiian organiza-
12
tions.
13
‘‘(b) CAREER RESERVED POSITION.—The position of
14 Special Advisor shall be a career reserved position at the
15 GS–15 level or greater.
16
‘‘(c) DUTIES.—The Special Advisor shall—
17
‘‘(1) ensure the Federal government upholds
18
the Federal trust responsibility and conducts con-
19
sistent, meaningful, and timely government-to-gov-
20
ernment consultation and engagement with Indian
21
Tribes, which shall meet or exceed the standards of
22
the Federal Government and the Coast Guard;
23
24
‘‘(2) ensure meaningful and timely engagement
with—
25
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‘‘(A) Native Hawaiian organizations; and
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1
‘‘(B) Tribal organizations;
2
‘‘(3) advise the Commandant on all policies of
3
the Coast Guard that have Tribal implications in ac-
4
cordance with applicable law and policy, including
5
Executive Orders;
6
‘‘(4) work to ensure that the policies of the
7
Federal Government regarding consultation and en-
8
gagement with Indian Tribes and engagement with
9
Native Hawaiian organizations and Tribal organiza-
10
tions are implemented in a meaningful manner,
11
working through Coast Guard leadership and across
12
the Coast Guard, together with—
13
‘‘(A) liaisons located within Coast Guard
14
districts;
15
‘‘(B) the Director of Coast Guard Govern-
16
mental and Public Affairs; and
17
‘‘(C) other Coast Guard leadership and
18
programs and other Federal partners; and
19
‘‘(5) support Indian Tribes, Native Hawaiian
20
organizations, and Tribal organizations in all mat-
21
ters under the jurisdiction of the Coast Guard.
22
‘‘(d) DIRECT ACCESS TO SECRETARY AND COM-
23
MANDANT.—No officer or employee of the Coast Guard
24 or the Department of Homeland Security may interfere
25 with the ability of the Special Advisor to give direct and
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1 independent advice to the Secretary and the Commandant
2 on matters related to this section.
3
‘‘(e) DEFINITIONS.—In this section:
4
‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’
5
has the meaning given such term in section 4 of the
6
Indian Self-Determination and Education Assistance
7
Act (25 U.S.C. 5304).
8
‘‘(2) NATIVE HAWAIIAN ORGANIZATION.—The
9
term ‘Native Hawaiian organization’ has the mean-
10
ing given such term in section 6207 of the Elemen-
11
tary and Secondary Education Act of 1965 (20
12
U.S.C. 7517) except the term includes the Depart-
13
ment of Hawaiian Home Lands and the Office of
14
Hawaiian Affairs.
15
‘‘(3) TRIBAL ORGANIZATION.—The term ‘Tribal
16
organization’ has the meaning given the term in sec-
17
tion 4 of the Indian Self-Determination and Edu-
18
cation Assistance Act (25 U.S.C. 5304).
19 ‘‘§ 318. Judge Advocate General; Deputy Judge Advo20
cate General: appointment; duties
21
‘‘(a) IN GENERAL.—The Judge Advocate General in
22 the Coast Guard shall be appointed by the President, by
23 and with the advice and consent of the Senate, from offi24 cers of the Coast Guard designated as judge advocates.
25 The term of office is not more than 4 years.
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1
‘‘(b) APPOINTMENT.—The Judge Advocate General
2 of the Coast Guard shall be appointed from those officers
3 who at the time of appointment are members of the bar
4 of a Federal court or the highest court of a State, and
5 who have had at least 8 years of experience in legal duties
6 as commissioned officers.
7
‘‘(c) DUTIES.—The Judge Advocate General, in addi-
8 tion to other duties prescribed by law—
9
‘‘(1) is the legal adviser of the Commandant of
10
the Coast Guard and of all officers and agencies of
11
the Coast Guard;
12
‘‘(2) shall direct the officers of the Coast Guard
13
designated as judge advocates in the performance of
14
their duties; and
15
‘‘(3) shall receive, revise, and have recorded the
16
proceedings of courts of inquiry and military com-
17
missions.
18
‘‘(d) DEPUTY JUDGE ADVOCATE GENERAL.—
19
‘‘(1) IN GENERAL.—The Deputy Judge Advo-
20
cate General in the Coast Guard shall be appointed
21
by the Commandant, from civilians in the Senior
22
Executive Service (career reserved) who meet the
23
qualifications set forth in subsection (b). The term
24
of office of the Deputy Judge Advocate General is
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1
not more than four years with reappointment for an
2
additional term of 4 years.
3
‘‘(2) VACANCY
OF
JUDGE
ADVOCATE
GEN-
4
ERAL.—When there is a vacancy in the office of the
5
Judge Advocate General, or during the absence or
6
disability of the Judge Advocate General, the Dep-
7
uty Judge Advocate General shall perform the duties
8
of the Judge Advocate General until a successor is
9
appointed or the absence or disability ceases. Should
10
a vacancy in the Deputy Judge Advocate General
11
position overlap with a vacancy in the office of the
12
Judge Advocate General, the Commandant shall es-
13
tablish an acting Judge Advocate General from offi-
14
cers of the Coast Guard designated as judge advo-
15
cates with the qualifications in subsection (b).
16
‘‘(3) ACTING DEPUTY JUDGE ADVOCATE GEN-
17
ERAL.—When there is a vacancy of the position of
18
Deputy Judge Advocate General, to include during
19
the absence or disability of the Judge Advocate Gen-
20
eral, the Commandant shall establish an acting Dep-
21
uty Judge Advocate from officers of the Coast
22
Guard designated as judge advocates with the quali-
23
fications in subsection (b). Such officer shall per-
24
form the duties of the Deputy Judge Advocate Gen-
25
eral until a successor is appointed or the absence or
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1
disability ceases. Should a vacancy in the Deputy
2
Judge Advocate General position overlap with a va-
3
cancy in the office of the Judge Advocate General,
4
the Commandant shall establish an acting Deputy
5
Judge Advocate from civilians in the Senior Execu-
6
tive Service (career reserved), or GS-15s, who meet
7
the qualifications in subsection (b).
8
‘‘(4)
COMPLIANCE
WITH
ACT.—The
Com-
9
mandant shall ensure compliance with this section
10
not later than 30 days after enactment of this sec-
11
tion.
12
‘‘(e) LIMITATION.—No officer or employee of the De-
13 partment of Homeland Security may interfere with—
14
‘‘(1) the ability of the Judge Advocate General
15
to give independent legal advice to the Commandant
16
or Vice Commandant; or
17
‘‘(2) the ability of judge advocates of the Coast
18
Guard assigned or attached to, or performing duty
19
with, military units to give independent legal advice
20
to commanders.’’;
21
(7) by striking section 333 (as so redesignated
22
and transferred under subsection (b)) and inserting
23
the following:
24 ‘‘§ 333. Training courses on workings of Congress
25
‘‘(a) IN GENERAL.—
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1
2
‘‘(1) TRAINING COURSE.—
‘‘(A) IN
GENERAL.—The
Commandant,
3
and such other individuals and organizations as
4
the Commandant considers appropriate, shall
5
develop a training course on the workings of
6
Congress.
7
‘‘(B) TIMING.—
8
‘‘(i)
IN
GENERAL.—The
training
9
course developed in subparagraph (A) shall
10
be offered at least once each year.
11
‘‘(ii)
ADDITIONAL
TRAINING.—The
12
training developed under subparagraph (A)
13
may be provided more than once a year to
14
facilitate timely receipt by covered recipi-
15
ents.
16
‘‘(2) ANNUAL BASIS.—
17
‘‘(A) IN GENERAL.—At least once each
18
year, any covered recipients shall receive the
19
training developed under paragraph (1).
20
21
‘‘(B) COVERED RECIPIENTS.—In this paragraph, the term ‘covered recipients’ means—
22
23
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‘‘(i) flag officers serving in the Coast
Guard;
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1
‘‘(ii) members of the senior executive
2
service (career reserved) serving in posi-
3
tions in the Coast Guard; and
4
‘‘(iii) political appointees—
5
‘‘(I) serving in positions in the
6
Coast Guard; or
7
‘‘(II)
at
the
Department
of
8
Homeland Security with Coast Guard
9
in their portfolio, including any Senior
10
Advisor to the Secretary for the Coast
11
Guard.
12
‘‘(3) COURSE SUBJECT MATTER.—The training
13
course required by this subsection shall provide an
14
overview and introduction to Congress and the Fed-
15
eral legislative process, including—
16
‘‘(A) the history and structure of Congress
17
and the committee systems of the House of
18
Representatives and the Senate, including the
19
functions and responsibilities of the Committee
20
on Transportation and Infrastructure of the
21
House of Representatives and the Committee
22
on Commerce, Science, and Transportation of
23
the Senate;
24
‘‘(B) the documents produced by Congress,
25
including bills, resolutions, committee reports,
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1
and conference reports, and the purposes and
2
functions of such documents;
3
‘‘(C) the legislative processes and rules of
4
the House of Representatives and the Senate,
5
including similarities and differences between
6
the 2 processes and 2 sets of rules, including—
7
‘‘(i) the congressional budget process;
8
‘‘(ii) the congressional authorization
9
and appropriation processes;
10
‘‘(iii) the Senate advice and consent
11
process for Presidential nominees; and
12
‘‘(iv) the Senate advice and consent
13
process for treaty ratification;
14
‘‘(v) all relevant notification and re-
15
porting requirements in statute, policy, or
16
any other agreement to Congress;
17
‘‘(D) the roles of Members of Congress and
18
congressional staff in the legislative process;
19
and
20
‘‘(E) the concept and underlying purposes
21
of congressional oversight within the governance
22
framework of separation of powers;
23
‘‘(F) the roles of independent oversight en-
24
tities, including the Offices of the Inspector
25
Generals, the Government Accountability Office,
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1
and other independent entities, with respect
2
oversight of the Coast Guard;
3
‘‘(G) the legal and ethical requirements of
4
complying with oversight conducted by such
5
independent oversight entities, including compli-
6
ance with congressionally mandated oversight;
7
‘‘(H) an overview of section 552a of title 5
8
(popularly known at the Privacy Act of 1974)
9
with respect to working with Congress and
10
independent oversight;
11
‘‘(I) an overview of the right of all Coast
12
Guard members and staff to engage with Con-
13
gress as a constitutionally protected right; and
14
‘‘(J) with respect to Coast Guard covered
15
recipients, an overview of any law administered
16
by the Coast Guard and any policy implemented
17
by the Coast Guard the understanding of which
18
is necessary to improve—
19
20
‘‘(i) compliance with such law and policy;
21
‘‘(ii) ethics;
22
‘‘(iii) professionalism; and
23
‘‘(iv) timeliness of response to Con-
24
gressional oversight requests, including re-
25
quests from independent oversight entities.
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1
2
‘‘(b) TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.—
3
‘‘(1) IN GENERAL.—The Commandant shall de-
4
velop a training course on the workings of Congress,
5
which shall be administered in person for to any re-
6
quired participant.
7
8
‘‘(2) REQUIRED
PARTICIPANT.—In
this sub-
section, the term ‘required participant’ means—
9
‘‘(A) any member of the Coast Guard Of-
10
fice of Congressional and Governmental Affairs
11
selected for a position as—
12
‘‘(i) a fellow;
13
‘‘(ii) a liaison;
14
‘‘(iii) a counsel; or
15
‘‘(iv) administrative staff;
16
17
‘‘(B) a Coast Guard district or area governmental affairs officer;
18
‘‘(C) an individual who reviews, makes
19
edits, or transmits formal or informal cor-
20
respondence with respect to the Coast Guard to
21
Congress, including relevant program level per-
22
sonnel;
23
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‘‘(D) an individual who serves in—
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2302
1
‘‘(i) the Office of Coordination, Pro-
2
grams, and Accountability or successor of-
3
fice; or
4
5
‘‘(ii) the Force Design 2028 office;
and
6
‘‘(iii) Coast Guard Office of General
7
Law personnel, including such personnel
8
detailed to the Coast Guard.
9
‘‘(3) COURSE SUBJECT MATTER.—
10
‘‘(A) IN GENERAL.—The training course
11
required under this subsection shall provide an
12
overview and introduction to Congress and the
13
Federal legislative process, including—
14
‘‘(i) the items described in subpara-
15
graphs (C) through (K) of subsection
16
(a)(2);
17
‘‘(ii) the roles of Coast Guard fellows,
18
liaisons, counsels, governmental affairs of-
19
ficers, the Coast Guard Office of Program
20
Review, the Coast Guard Headquarters
21
program offices, and any other entity the
22
Commandant considers relevant;
23
‘‘(iii) the roles and responsibilities of
24
Coast Guard public affairs and external
25
communications personnel with respect to
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1
Members of Congress and the staff of such
2
Members necessary to enhance communica-
3
tion between Coast Guard units, sectors,
4
and districts and Member offices and com-
5
mittees of jurisdiction so as to ensure visi-
6
bility of Coast Guard activities; and
7
‘‘(iv) with respect to Coast Guard re-
8
quired participants, an overview of any law
9
administered by the Coast Guard and any
10
policy implemented by the Coast Guard the
11
understanding of which is necessary to im-
12
prove—
13
‘‘(I) compliance with such law
14
and policy;
15
‘‘(II) ethics;
16
‘‘(III) professionalism; and
17
‘‘(IV) timeliness of response to
18
Congressional oversight requests, in-
19
cluding requests from independent
20
oversight entities.
21
22
‘‘(4) DETAIL WITHIN COAST GUARD OFFICE OF
BUDGET AND PROGRAMS.—
23
‘‘(A) IN GENERAL.—At the written request
24
of a receiving congressional office, the training
25
course required under this section shall include
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1
a multi-day detail within the Coast Guard Of-
2
fice of Coordination, Programs, Accountability
3
to ensure adequate exposure to Coast Guard
4
policy, oversight, and requests from Congress.
5
‘‘(B)
NONCONSECUTIVE
DETAIL
PER-
6
MITTED.—A detail under this paragraph is not
7
required to be consecutive with the balance of
8
the training.
9
‘‘(5) COMPLETION OF REQUIRED TRAINING.—A
10
member of the Coast Guard selected for a position
11
described in subsection (a) shall complete the train-
12
ing required by this section before the date on which
13
such member reports for duty for such position.
14
‘‘(c) LECTURERS AND PANELISTS.—
15
‘‘(1) OUTSIDE
EXPERTS.—The
Commandant
16
shall ensure that not less than 60 percent of the lec-
17
turers, panelists, and other individuals providing
18
education and instruction as part of the training
19
courses required under this section are experts on
20
Congress and the Federal legislative process who are
21
not employed by the executive branch of the Federal
22
Government.
23
‘‘(2) AUTHORITY TO ACCEPT PRO BONO SERV-
24
ICES.—In
25
graph (1), the Commandant shall seek, and may ac-
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2305
1
cept, educational and instructional services of lec-
2
turers, panelists, and other individuals and organiza-
3
tions provided to the Coast Guard on a pro bono
4
basis.’’; and
5
6
(8) in section 334 (as so redesignated and
transferred under subsection (b))—
7
(A) by amending subsection (b) to read as
8
9
follows:
‘‘(b) USE OF FUNDS.—The Secretary may expend
10 funds appropriated to the Coast Guard on—
11
‘‘(1) the design of a Museum;
12
‘‘(2) engineering, construction, construction ad-
13
ministration, and quality assurance services for a
14
Museum, including construction, construction ad-
15
ministration, and quality assurance services carried
16
out by the Association; and
17
‘‘(3) providing Federal financial assistance to
18
the Association for the activities under subsection
19
(d).’’; and
20
(B) by amending subsection (g) to read as
21
22
follows:
‘‘(g) SERVICES.—With respect to the services related
23 to the activities for which the Secretary can expend funds
24 under subsection (b), or for maintenance or operation of
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2306
1 the Museum, the Secretary may, with respect to any enti2 ty—
3
‘‘(1) solicit and accept such services; and
4
‘‘(2) enter into contracts or memoranda of
5
agreement to acquire such services.’’.
6
(f) RULE OF CONSTRUCTION.—
7
(1) IN GENERAL.—Nothing in chapter 3 of title
8
14, United States Code, or any other law, may be
9
construed to require the Coast Guard to construct,
10
own, or operate a Museum as a condition of pro-
11
viding financial support to the Association for the
12
purposes for which assistance is authorized under
13
such chapter.
14
(2) DEFINITIONS.—In paragraph (1), the terms
15
‘‘Association’’ and ‘‘Museum’’ have the meanings
16
given such terms in chapter 3 of title 14, United
17
States Code.
18
(g) EFFECT OF LAW.—The training required by sub-
19 section (a) of section 333 of title 14, United States Code
20 (as amended by this Act), shall replace the training that
21 was required by the Commandant on the day before the
22 date of enactment of this Act.
23
(h) BRIEFINGS.—
24
(1) INITIAL BRIEFING.—Not later than 120
25
days after the date of enactment of this Act, the
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1
Commandant shall brief the Committee on Com-
2
merce, Science, and Transportation and the Com-
3
mittee on Indian Affairs of the Senate and the Com-
4
mittee on Transportation and Infrastructure of the
5
House of Representatives on the manner in which
6
the Special Advisor for Tribal and Native Hawaiian
7
Affairs will be incorporated into the governance
8
structure of the Coast Guard, including a timeline
9
for the incorporation that is completed not later
10
than 1 year after date of enactment of this Act.
11
(2) ANNUAL BRIEFINGS ON SPECIAL ADVISOR
12
TO THE COMMANDANT TO TRIBAL AND NATIVE HA-
13
WAIIAN AFFAIRS.—Not later than 1 year after the
14
date of the establishment of the position of the Spe-
15
cial Advisor to the Commandant for Tribal and Na-
16
tive Hawaiian Affairs under section 317 of title 14,
17
United States Code, and annually thereafter for 2
18
years, the Commandant shall provide the Committee
19
on Commerce, Science, and Technology and the
20
Committee on Indian Affairs of the Senate and the
21
Committee on Transportation and Infrastructure of
22
the House of Representatives with a briefing on the
23
duties, responsibilities, and actions of the Special
24
Advisor to the Commandant for Tribal and Native
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2308
1
Hawaiian Affairs, including management of best
2
practices.
3
(3)
BRIEFING
ON
COLLABORATION
WITH
4
TRIBES ON RESEARCH CONSISTENT WITH COAST
5
GUARD MISSION REQUIREMENTS.—
6
(A) IN GENERAL.—Not later than 1 year
7
after the date of enactment of this Act, the
8
Commandant shall provide the Committee on
9
Commerce, Science, and Technology and the
10
Committee on Indian Affairs of the Senate and
11
the Committee on Transportation and Infra-
12
structure of the House of Representatives with
13
a briefing on potential collaborations on and re-
14
search and use of indigenous place-based knowl-
15
edge and research.
16
(B) ELEMENT.—In providing the briefing
17
under subparagraph (A), the Commandant shall
18
identify current and potential future opportuni-
19
ties to improve coordination with Indian Tribes,
20
Native Hawaiian organizations, and Tribal or-
21
ganizations to support—
22
(i) Coast Guard mission needs, such
23
as the potential for research or knowledge
24
to enhance maritime domain awareness, in-
25
cluding opportunities through the ADAC–
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2309
1
ARCTIC Center of Excellence of the De-
2
partment of Homeland Security; and
3
(ii) Coast Guard efforts to protect in-
4
digenous place-based knowledge and re-
5
search.
6
(C) DEFINITIONS.—In this subsection:
7
(i) INDIAN TRIBE.—The term ‘‘Indian
8
Tribe’’ has the meaning given such term in
9
section 4 of the Indian Self-Determination
10
and Education Assistance Act (25 U.S.C.
11
5304).
12
(ii)
NATIVE
HAWAIIAN
ORGANIZA-
13
TION.—The term ‘‘Native Hawaiian orga-
14
nization’’ has the meaning given such term
15
in section 6207 of the Elementary and
16
Secondary Education Act of 1965 (20
17
U.S.C. 7517) except the term includes the
18
Department of Hawaiian Home Lands and
19
the Office of Hawaiian Affairs.
20
(iii)
TRIBAL
ORGANIZATION.—The
21
term ‘‘Tribal organization’’ has the mean-
22
ing given the such in section 4 of the In-
23
dian Self-Determination and Education
24
Assistance Act (25 U.S.C. 5304).
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2310
1
(D) RULE OF CONSTRUCTION.—Nothing in
2
this subsection, or an amendment made by sub-
3
section (d)(6), shall be construed to impact—
4
(i) the right of any Indian Tribe; or
5
(ii)
6
consultation.
7
(i) CONFORMING AMENDMENTS.—
any
government-to-government
8
(1) Section 11237 of the Don Young Coast
9
Guard Authorization Act of 2022 (Public Law 117–
10
263) is amended—
11
(A) in subsection (a) by striking ‘‘section
12
312 of title 14’’ and inserting ‘‘section 339 of
13
title 14’’; and
14
(B) in subsection (b)(2)(A) by striking
15
‘‘section 312 of title 14’’ and inserting ‘‘section
16
339 of title 14’’.
17
(2) Section 807(a) of the Frank LoBiondo
18
Coast Guard Authorization Act of 2018 (Public Law
19
115–282) is amended by striking ‘‘section 313 of
20
title 14’’ and inserting ‘‘section 331 of title 14’’.
21
(3) Section 3533(a) of the National Defense
22
Authorization Act for Fiscal Year 2024 (Public Law
23
118–31) is amended by striking ‘‘section 315 of title
24
14’’ and inserting ‘‘section 333 of title 14’’.
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2311
1
(4) Section 311(j)(9)(D) of the Federal Water
2
Pollution Control Act (33 U.S.C. 1321(j)(9)(D)) is
3
amended by striking ‘‘section 323 of title 14’’ each
4
place it appears and inserting ‘‘section 312 of title
5
14’’ each such place.
6
(j) DUTIES OF THE COAST GUARD.—
7
(1) IN
GENERAL.—Section
102 of title 14,
8
United States Code, is amended by striking ‘‘The
9
Coast Guard shall’’ and inserting the following:
10
‘‘(b) PRIMARY DUTIES.—The Coast Guard shall’’.
11
(2) TRANSFER.—Section 888(a) of Public Law
12
107–296 is transferred to appear in section 102 of
13
title 14, United States Code, before subsection (b).
14
(k) TECHNICAL AMENDMENTS.—
15
(1) MEMBERS
ASSERTING
POST-TRAUMATIC
16
STRESS DISORDER OR TRAUMATIC BRAIN INJURY.—
17
Section 2516 of title 14, United States Code, is
18
amended—
19
(A) in subsection (a) by inserting ‘‘de-
20
scribed in section 102’’ after ‘‘Coast Guard op-
21
erations’’; and
22
(B) by striking subsection (d).
23
(2) CLARIFICATION OF ELIGIBILITY OF MEM-
24
BERS OF COAST GUARD FOR COMBAT-RELATED SPE-
25
CIAL COMPENSATION.—Section
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2312
1
Guard Authorization Act of 2016 (10 U.S.C. 1413a
2
note) is amended by striking ‘‘section 888(a) of the
3
Homeland Security Act of 2002 (6 U.S.C. 468(a))’’
4
and inserting ‘‘section 102 of title 14, United States
5
Code’’.
6
7
SEC. 7202. PUBLIC AVAILABILITY OF INFORMATION.
(a) IN GENERAL.—Section 11269 of the Don Young
8 Coast Guard Authorization Act of 2022 (Public Law 117–
9 263) is—
10
(1) transferred to appear at the end of sub-
11
chapter II of chapter 5 of title 14, United States
12
Code;
13
(2) redesignated as section 529; and
14
(3) amended—
15
(A) by striking the section enumerator and
16
heading and inserting the following:
17 ‘‘§ 529. Public availability of information’’;
18
(B) by striking ‘‘Not later than’’ and in-
19
20
serting the following:
‘‘(a) IN GENERAL.—Not later than’’;
21
(C) by striking ‘‘the number of migrant’’
22
and inserting ‘‘the number of drug and per-
23
son’’; and
24
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2313
1
‘‘(b) CONTENTS.—In making information about
2 interdictions publicly available under subsection (a), the
3 Commandant shall include a description of the following:
4
‘‘(1) The number of incidents in which drugs
5
were interdicted, the amount and type of drugs
6
interdicted, and the Coast Guard sectors and geo-
7
graphic areas of responsibility in which such inci-
8
dents occurred.
9
‘‘(2) The number of incidents in which persons
10
were interdicted, the number of persons interdicted,
11
the number of those persons who were unaccom-
12
panied minors, and the Coast Guard sectors and ge-
13
ographic areas of responsibility in which such inci-
14
dents occurred.
15
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this pro-
16 vision shall be construed to require the Coast Guard to
17 collect the information described in subsection (b), and
18 nothing in this provision shall be construed to require the
19 Commandant to publicly release confidential, classified,
20 law enforcement sensitive, or otherwise protected informa21 tion.’’.
22
(b) CLERICAL AMENDMENTS.—
23
(1) TITLE 14.—The analysis for chapter 5 of
24
title 14, United States Code, is amended by insert-
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2314
1
ing after the item relating to section 528 the fol-
2
lowing:
‘‘529. Public availability of information.’’.
3
(2) JAMES M. INHOFE NATIONAL DEFENSE AU-
4
THORIZATION ACT FOR FISCAL YEAR 2023.—The
5
table of contents for the James M. Inhofe National
6
Defense Authorization Act for Fiscal Year 2023
7
(Public Law 117–263) is amended by striking the
8
item relating to section 11269.
9
(3) DON YOUNG COAST GUARD AUTHORIZATION
10
ACT OF 2022.—The
11
Young Coast Guard Authorization Act of 2022 (divi-
12
sion K of Public Law 117–263) is amended by strik-
13
ing the item relating to section 11269.
table of contents for the Don
14
SEC. 7203. MODIFICATION OF TREATMENT OF MINOR CON-
15
STRUCTION AND IMPROVEMENT PROJECT
16
MANAGEMENT.
17
Section 903(d)(1) of title 14, United States Code, is
18 amended
by
striking
‘‘$1,500,000’’
and
inserting
19 ‘‘$2,000,000’’.
20
21
SEC. 7204. AGREEMENTS.
(a) IN GENERAL.—Chapter 7 of title 14, United
22 States Code, is amended by adding at the end the fol23 lowing:
24 ‘‘§ 722. Cooperation with eligible entities
25
‘‘(a) IN GENERAL.—
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1
‘‘(1) PROVISION OF ASSISTANCE.—Subject to
2
the availability of appropriations and for the purpose
3
of mitigating the impacts of Coast Guard actions in-
4
cluding expansion of bases, including direct or indi-
5
rect impacts, to natural resources and cultural re-
6
sources, the Commandant may provide Federal fi-
7
nancial assistance, except for loans or loan guaran-
8
tees, or make grants to an eligible entity.
9
‘‘(2) USE OF FUNDS.—Financial assistance or
10
grants made under paragraph (1) may be used to—
11
‘‘(A) limit any development or use of such
12
natural resources and cultural resources as a
13
result of such Coast Guard actions described in
14
paragraph (1);
15
‘‘(B) maintain and maintain access to,
16
such natural resources and cultural resources,
17
including—
18
‘‘(i) Tribal treaty fisheries and shell-
19
fish harvest, and usual and accustomed
20
fishing areas; and
21
‘‘(ii) subsistence fisheries, or any
22
other fishery or shellfish harvest, of an In-
23
dian Tribe;
24
‘‘(C) provide a means to replace, repair, or
25
restore such natural resources and cultural re-
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2316
1
sources of an Indian Tribe or Native Hawaiian
2
organization if such property is damaged by
3
Coast Guard actions described in paragraph
4
(1), in consultation with the affected Indian
5
Tribe or Native Hawaiian organization; and
6
‘‘(D) maintain and improve natural re-
7
sources located outside a Coast Guard installa-
8
tion, if the purpose of the agreement is to re-
9
lieve or eliminate current or anticipated chal-
10
lenges that could restrict, impede, or otherwise
11
interfere with, directly or indirectly, current or
12
anticipated Coast Guard actions described in
13
paragraph (1).
14
‘‘(3)
LIMITATION.—Financial
assistance
or
15
grants made under paragraph (1) may not be used
16
for the purpose of the Coast Guard receiving any
17
funds.
18
‘‘(b) NOTIFICATION; AVAILABILITY OF AGREEMENTS
19
TO CONGRESS.—
20
‘‘(1) NOTIFICATION.—The Commandant shall
21
notify the Committee on Commerce, Science, and
22
Transportation or the Committee on Homeland Se-
23
curity and Governmental Affairs of the Senate (and
24
the Committee on Indian Affairs of the Senate in
25
the case of an eligible entity that is an Indian Tribe,
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1
Tribal organization or Native Hawaiian organiza-
2
tion) and the Committee on Transportation and In-
3
frastructure of the House of Representatives in writ-
4
ing not later than the date that is 3 full business
5
days prior to any day on which the Commandant in-
6
tends to enter into such an agreement or contract,
7
or make a grant under subsection (a), and include
8
in such notification the anticipated costs of carrying
9
out the agreement, to the extent practicable.
10
‘‘(2) AVAILABILITY OF AGREEMENTS.—A copy
11
of such financial assistance or grant made under
12
subsection (a) shall be provided to the Committee on
13
Commerce, Science, and Transportation or the Com-
14
mittee on Homeland Security and Governmental Af-
15
fairs of the Senate or the Committee on Transpor-
16
tation and Infrastructure of the House of Represent-
17
atives not later than 5 full business days after the
18
date on which such request is submitted to the Com-
19
mandant.
20
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
21 tion may be construed to undermine the rights of any In22 dian Tribe to seek full and meaningful government-to-gov23 ernment consultation under this section or under any
24 other law.
25
‘‘(d) DEFINITIONS.—In this section:
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2318
1
2
‘‘(1) CULTURAL
RESOURCE.—The
term ‘cul-
tural resource’ means any of the following:
3
‘‘(A) A building, structure, site, district, or
4
object eligible for or included in the National
5
Register of Historic Places maintained under
6
section 302101 of title 54.
7
‘‘(B) Cultural items, as such term is de-
8
fined in section 2(3) of the Native American
9
Graves Protection and Repatriation Act (25
10
U.S.C. 3001(3)).
11
‘‘(C) An archaeological resource, as such
12
term is defined in section 3(1) of the Archae-
13
ological Resources Protection Act of 1979 (16
14
U.S.C. 470bb(1))).
15
‘‘(D) An archaeological artifact collection
16
and associated records covered by part 79 of
17
title 36, Code of Federal Regulations.
18
‘‘(E) A sacred site, as such term is defined
19
in section 1(b) of Executive Order No. 13007
20
(42 U.S.C. 1996 note; relating to Indian sacred
21
sites).
22
‘‘(F) Treaty or trust resources of an In-
23
dian Tribe, including the habitat associated
24
with such resources.
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1
‘‘(G) Subsistence resources of an Indian
2
Tribe or Native Hawaiian organization includ-
3
ing the habitat associated with such resources.
4
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
5
tity’ means the following:
6
‘‘(A) A State, or a political subdivision of
7
a State.
8
‘‘(B) A local government.
9
‘‘(C) An Indian Tribe.
10
‘‘(D) Native Hawaiian organization.
11
‘‘(E) A Tribal organization.
12
‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’
13
has the meaning given that term in section 4 of the
14
Indian Self-Determination and Education Assistance
15
Act (25 U.S.C. 5304).
16
‘‘(4) NATIVE HAWAIIAN ORGANIZATION.—The
17
term ‘Native Hawaiian organization’ has the mean-
18
ing given such term in section 6207 of the Elemen-
19
tary and Secondary Education Act of 1965 (20
20
U.S.C. 7517) except the term includes the Depart-
21
ment of Hawaiian Home Lands and the Office of
22
Hawaiian Affairs.
23
‘‘(5) NATURAL RESOURCE.—The term ‘natural
24
resource’ means land, fish, wildlife, biota, air, water,
25
ground water, drinking water supplies, and other
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2320
1
such resources belonging to, managed by, held in
2
trust by, appertaining to, or otherwise controlled by
3
the United States (including the resources of the
4
waters of the United States), any State or local gov-
5
ernment, any Indian Tribe, any member of an In-
6
dian Tribe, or Native Hawaiian organization, if such
7
resources are subject to a trust restriction on alien-
8
ation and have been categorized into 1 of the fol-
9
lowing groups:
10
‘‘(A) Surface water resources.
11
‘‘(B) Ground water resources.
12
‘‘(C) Air resources.
13
‘‘(D) Geologic resources.
14
‘‘(E) Biological resources.
15
‘‘(6) STATE.—The term ‘State’ includes each of
16
the several States, the District of Columbia, the
17
Commonwealth of Puerto Rico, the Commonwealth
18
of the Northern Mariana Islands, and the territories
19
and possessions of the United States.
20
‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal
21
organization’ has the meaning given such term in
22
section 4 of the Indian Self-Determination and Edu-
23
cation Assistance Act (25 U.S.C. 5304).’’.
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2321
1
(b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 7 of title 14, United States Code, is amended by insert3 ing after the item relating to section 721 the following:
‘‘722. Cooperation with eligible entities.’’.
4
SEC. 7205. PREPAREDNESS PLANS FOR COAST GUARD
5
PROPERTIES LOCATED IN TSUNAMI INUNDA-
6
TION ZONES.
7
(a) IN GENERAL.—Not later than 1 year after the
8 date of enactment of this Act, the Commandant, in con9 sultation with the Administrator of the National Oceanic
10 and Atmospheric Administration and the heads of other
11 appropriate Federal agencies, shall develop a location-spe12 cific tsunami preparedness plan for each property con13 cerned.
14
(b) REQUIREMENTS.—In developing each prepared-
15 ness plan under subsection (a), the Commandant shall en16 sure that the plan—
17
(1) minimizes the loss of human life;
18
(2) maximizes the ability of the Coast Guard to
19
meet the mission of the Coast Guard;
20
(3) is included in the emergency action plan for
21
each Coast Guard unit or sector located within the
22
applicable tsunami inundation zone;
23
(4) designates an evacuation route to an assem-
24
bly area located outside the tsunami inundation
25
zone;
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1
(5) takes into consideration near-shore and dis-
2
tant tsunami inundation of the property concerned;
3
(6) includes—
4
(A) maps of all applicable tsunami inunda-
5
tion zones;
6
(B) evacuation routes and instructions for
7
all individuals located on the property con-
8
cerned;
9
(C) procedures to begin evacuations as ex-
10
peditiously as possible upon detection of a seis-
11
mic or other tsunamigenic event;
12
(D) evacuation plans for Coast Guard avia-
13
tion and afloat assets; and
14
(E)(i) routes for evacuation on foot from
15
any location within the property concerned; or
16
(ii) if an on-foot evacuation is not possible,
17
an assessment of whether there is a need for
18
vertical evacuation refuges that would allow
19
evacuation on foot;
20
(7) in the case of a property concerned that is
21
at risk for a near-shore tsunami, is able to be com-
22
pletely executed within 15 minutes of detection of a
23
seismic event, or if complete execution is not possible
24
within 15 minutes, within a timeframe the Com-
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1
mandant considers reasonable to minimize the loss
2
of life; and
3
(8) not less frequently than annually, is—
4
(A) exercised by each Coast Guard unit
5
and sector located in the applicable tsunami in-
6
undation zone;
7
(B) communicated through an annual in-
8
person training to Coast Guard personnel and
9
dependents located or living on the property
10
concerned; and
11
(C) evaluated by the relevant District
12
Commander for each Coast Guard unit and sec-
13
tor located within the applicable tsunami inun-
14
dation zone.
15
(c) CONSULTATION.—In developing each prepared-
16 ness plan under subsection (a), the Commandant shall
17 consult relevant State, Tribal, and local government enti18 ties, including emergency management officials.
19
(d) BRIEFING.—Not later than 14 months after the
20 date of enactment of this Act, the Commandant shall pro21 vide a briefing to the Committee on Commerce, Science,
22 and Transportation of the Senate and the Committee on
23 Transportation and Infrastructure of the House of Rep24 resentatives on each plan developed under subsection (a),
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2324
1 including the status of implementation and feasibility of
2 each such plan.
3
(e) DEFINITIONS.—In this section:
4
(1) PROPERTY CONCERNED.—The term ‘‘prop-
5
erty concerned’’ means any real property owned, op-
6
erated, or leased by the Coast Guard within a tsu-
7
nami inundation zone.
8
(2)
TSUNAMIGENIC
EVENT.—The
term
9
‘‘tsunamigenic event’’ means any event, such as an
10
earthquake, volcanic eruption, submarine landslide,
11
coastal rockfall, or other event, with the magnitude
12
to cause a tsunami.
13
(3)
VERTICAL
EVACUATION
REFUGE.—The
14
term ‘‘vertical evacuation refuge’’ means a structure
15
or earthen mound designated as a place of refuge in
16
the event of a tsunami, with sufficient height to ele-
17
vate evacuees above the tsunami inundation depth,
18
designed and constructed to resist tsunami load ef-
19
fects.
20
SEC. 7206. ADDITIONAL PRIBILOF ISLAND TRANSITION
21
22
COMPLETION ACTIONS.
Section 11221 of the Don Young Coast Guard Au-
23 thorization Act of 2022 (Public Law 117–263) is amended
24 by adding at the end the following:
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1
‘‘(e) ADDITIONAL REPORTS ON STATUS OF USE OF
2 FACILITIES AND HELICOPTER BASING.—Beginning with
3 the first quarterly report required under subsection (a)
4 submitted after the date of enactment of the Coast Guard
5 Authorization Act of 2025, the Secretary shall include in
6 each such report—
7
‘‘(1) the status of the use of recently renovated
8
Coast Guard housing facilities, food preparation fa-
9
cilities, and maintenance and repair facilities on St.
10
Paul Island, Alaska, including a projected date for
11
full use and occupancy of such facilities in support
12
of Coast Guard missions in the Bering Sea; and
13
‘‘(2) a detailed plan for the acquisition and con-
14
struction of a hangar in close proximity to existing
15
St. Paul airport facilities for the prosecution of
16
Coast Guard operational missions, including plans
17
for the use of land needed for such hangar.’’.
18
SEC. 7207. COAST GUARD ACCESS TO DEPARTMENT OF THE
19
TREASURY FUND.
20
(a) INCLUSION OF COAST GUARD AS DEPARTMENT
21
OF
22
TION.—Section 9705 of title 31, United States Code, is
THE
TREASURY LAW ENFORCEMENT ORGANIZA-
23 amended—
24
(1) in subsection (a), in the matter preceding
25
paragraph (1) by striking ‘‘the Department of the
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1
Treasury or the United States Coast Guard’’ and in-
2
serting ‘‘a Department of the Treasury law enforce-
3
ment organization’’;
4
(2) in subsection (a)(2)(B)—
5
(A) in clause (iv) by striking ‘‘and’’ at the
6
end;
7
(B) in clause (v) by inserting ‘‘and’’ after
8
the semicolon; and
9
(C) by adding at the end the following:
10
‘‘(vi) the United States Coast Guard
11
with respect to any law of the United
12
States which the Coast Guard is author-
13
ized to enforce, assist in the enforcement
14
of, or administer pursuant to section 102,
15
522, or 525 of title 14;’’;
16
(3) in subsection (a)(2)(H) by striking ‘‘the De-
17
partment of the Treasury’’ and inserting ‘‘a Depart-
18
ment of the Treasury law enforcement organiza-
19
tion’’;
20
(4) in subsection (d)(2) by striking ‘‘or the
21
United States Coast Guard’’ each place it appears;
22
(5) in subsection (f)(1)(A)(ii) by striking ‘‘or
23
the United States Coast Guard’’;
24
(6) in subsection (h)(1) by striking ‘‘the De-
25
partment of the Treasury’’ and inserting ‘‘a Depart-
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2327
1
ment of the Treasury law enforcement organiza-
2
tion’’;
3
(7) in subsection (j)(1) by striking ‘‘the Depart-
4
ment of the Treasury or the United States Coast
5
Guard’’ and inserting ‘‘a Department of the Treas-
6
ury law enforcement organization’’;
7
(8) in subsection (l) by striking ‘‘the Depart-
8
ment of the Treasury’’ and inserting ‘‘a Department
9
of the Treasury law enforcement organization’’; and
10
(9) in subsection (o)(1) by inserting ‘‘the
11
United States Coast Guard,’’ before ‘‘the United
12
States Customs Service,’’.
13
(b) ELIMINATION OF SEPARATE FUNDS FOR THE
14 COAST GUARD.—Section 9705 of title 31, United States
15 Code, is amended—
16
(1) by striking subsection (c);
17
(2) in subsection (g)(2) by striking ‘‘and (c)’’;
18
(3) by redesignating subsections (d) through (o)
19
as subsections (c) through (n), respectively;
20
21
(4) by striking ‘‘subsection (d)’’ each place it
appears and inserting ‘‘subsection (c)’’;
22
23
(5) by striking ‘‘subsection (e)’’ each place it
appears and inserting ‘‘subsection (d)’’; and
24
25
(6) by striking ‘‘subsection (h)’’ each place it
appears and inserting ‘‘subsection (g)’’.
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1
(c) TECHNICAL CORRECTIONS.—Section 9705 of title
2 31, United States Code, is amended—
3
(1) in subsection (f)(3)(C), as so redesignated,
4
by striking ‘‘section 4(B) of 9703(g)’’ and inserting
5
‘‘paragraph (4)(B)’’;
6
(2) in subsection (f)(4)(B), as so redesignated,
7
by striking ‘‘for transfers pursuant to subparagraph
8
(A)(ii) and’’;
9
(3) in subsection (g)(2), as so redesignated, by
10
striking ‘‘seizure of forfeiture’’ and inserting ‘‘sei-
11
zure or forfeiture’’; and
12
(4) in subsection (l), as so redesignated, by
13
striking ‘‘524(c)(11)’’ and inserting ‘‘524(c)’’.
14
(d) UPDATES TO CROSS-REFERENCES.—
15
16
(1) TITLE
28.—Section
524(c) of title 28,
United States Code, is amended—
17
(A) in paragraph (4)(C) by striking
18
‘‘9705(g)(4)(A)’’
19
‘‘9705(f)(4)(A)’’; and
20
(B)
in
paragraph
and
(10)
inserting
by
striking
21
‘‘9705(o)’’ and inserting ‘‘9705(n)’’.
22
(2) TITLE 31.—Section 5340(1) of title 31,
23
United States Code, is amended by striking
24
‘‘9705(o)’’ and inserting ‘‘9705(n)’’.
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1
(3) TITLE 39.—Section 2003(e)(1) of title 39,
2
United States Code, is amended by striking
3
‘‘9705(o)’’ and inserting ‘‘9705(n)’’.
4
Subtitle B—Acquisition
5
SEC. 7211. MODIFICATION OF PROHIBITION ON USE OF
6
LEAD SYSTEMS INTEGRATORS.
7
Section 1105 of title 14, United States Code, is
8 amended by adding at the end the following:
9
‘‘(c) LEAD SYSTEMS INTEGRATOR DEFINED.—In
10 this section, the term ‘lead systems integrator’ has the
11 meaning given such term in section 805(c) of the National
12 Defense Authorization Act for Fiscal Year 2006 (Public
13 Law 109–163).’’.
14
15
SEC. 7212. ACQUISITION IMPROVEMENTS.
(a) IN GENERAL.—Subchapter II of chapter 11 of
16 title 14, United States Code, is amended by adding at the
17 end the following:
18 ‘‘§ 1138. Service life extension programs
19
‘‘(a) IN GENERAL.—Requirements for a Level 1 or
20 Level 2 acquisition project or program under sections
21 1131 through 1134 shall not apply to an acquisition by
22 the Coast Guard that is a service life extension program.
23
‘‘(b) SERVICE LIFE EXTENSION PROGRAM DE-
24
FINED.—In this section, the term ‘service life extension
25 program’ means a capital investment that is solely in-
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2330
1 tended to extend the service life and address obsolescence
2 of components or systems of a particular capability or
3 asset.
4 ‘‘§ 1139. Consideration of life-cycle cost estimates for
5
6
acquisition and procurement
‘‘In carrying out the acquisition and procurement of
7 vessels and aircraft, the Secretary of the department in
8 which the Coast Guard is operating, acting through the
9 Commandant, shall consider the life-cycle cost estimates
10 of vessels and aircraft, as applicable, during the design
11 and evaluation processes to the maximum extent prac12 ticable.
13 ‘‘§ 1140. Contracts that provide best value for tax14
15
payer
‘‘(a) IN GENERAL.—In carrying out a Level 1 or
16 Level 2 acquisition project or program under this sub17 chapter, the Commandant may publicly announce all con18 struction, design, and engineering requirements and nego19 tiate contracts for construction, design, and engineering
20 services on the basis of demonstrated competence and
21 qualification for the type of professional services required
22 and at fair and reasonable prices.
23
‘‘(b) SELECTION PROCEDURE.—The following proce-
24 dures may apply to the procurement of Level 1 or Level
25 2 acquisition project or program under this subchapter:
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1
‘‘(1) STATEMENTS
OF
QUALIFICATION
AND
2
PERFORMANCE.—The
3
prospective contractors to submit a statement of
4
qualifications and performance data.
5
6
Commandant shall require
‘‘(2) EVALUATION.—For each proposed project,
the Commandant shall—
7
‘‘(A) evaluate statements of qualifications
8
and performance submitted by firms regarding
9
the proposed project; and
10
‘‘(B) conduct discussions with firms to
11
consider anticipated concepts and compare al-
12
ternative methods for furnishing services.
13
‘‘(3) SELECTION.—From the firms with which
14
discussions have been conducted under paragraph
15
(2)(B), the Commandant shall select, in order of
16
preference, that the Commandant considers most
17
highly qualified to provide the services required,
18
based on criteria established and published by the
19
Commandant.
20
‘‘(c) NEGOTIATION OF CONTRACT.—
21
‘‘(1) IN GENERAL.—The Commandant shall ne-
22
gotiate 1 or more contracts for construction, design,
23
and engineering services under this section at com-
24
pensation which the Commandant determines is fair
25
and reasonable to the Federal Government.
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1
‘‘(2) FAIR AND REASONABLE COMPENSATION.—
2
In determining fair and reasonable compensation,
3
the Commandant shall consider the scope, com-
4
plexity, professional nature, and estimated value of
5
the services to be rendered.
6
‘‘(3) NEGOTIATION.—The Commandant shall
7
attempt to negotiate a contract or contracts with the
8
most highly qualified firm or firms selected under
9
subsection (b).
10
‘‘(4) FURTHER
NEGOTIATION.—If
the Com-
11
mandant is unable to negotiate a satisfactory con-
12
tract or contracts with the firm or firms under para-
13
graph (3), the Commandant shall formally terminate
14
negotiations with such firm or firms and undertake
15
negotiations with the next most qualified of the se-
16
lected firms, continuing the process until an agree-
17
ment is reached.
18
‘‘(5) ADDITIONAL FIRMS.—If the Commandant
19
is unable to negotiate a satisfactory contract or con-
20
tracts with any of the selected firms, the Com-
21
mandant shall select additional firms in order of
22
competence and qualification and continue negotia-
23
tions in accordance with this section until 1 or more
24
agreements are reached.’’.
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1
(b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 11 of title 14, United States Code, is amended by in3 serting after the item relating to section 1137 the fol4 lowing:
‘‘1138. Service life extension programs.
‘‘1139. Consideration of life-cycle cost estimates for acquisition and procurement.
‘‘1140. Contracts that provide best value for taxpayer.’’.
5
SEC. 7213. RESTRICTION ON ACQUISITION, PROCUREMENT,
6
OR CONSTRUCTION OF VESSELS IN FOREIGN
7
SHIPYARDS.
8
(a) IN GENERAL.—Section 1151 of title 14, United
9 States Code, is amended to read as follows:
10 ‘‘§ 1151. Restriction on acquisition, procurement, or
11
construction of vessels in foreign ship-
12
yards
13
‘‘(a) IN GENERAL.—Except as provided in subsection
14 (b), the Commandant may not lease, charter, or otherwise
15 procure a vessel which contains a major component of the
16 hull or superstructure constructed in a foreign shipyard.
17
‘‘(b) EXCEPTIONS.—
18
‘‘(1) IN GENERAL.—The President may author-
19
ize exceptions to the prohibition in subsection (a)
20
when the President determines that it is in the na-
21
tional security interest of the United States to do so.
22
‘‘(2) NOTICE.—The President shall transmit
23
notice to the Committee on Transportation and In-
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1
frastructure of the House of Representatives and the
2
Committee on Commerce, Science, and Transpor-
3
tation of the Senate of any such determination made
4
by the President under paragraph (1), and no con-
5
tract may be awarded pursuant to the exception au-
6
thorized until the end of the 30-day period beginning
7
on the date the notice of such determination is re-
8
ceived by such committees of Congress.
9
‘‘(3)
JUSTIFICATION.—The
notice
required
10
under paragraph (2) shall include a written expla-
11
nation of the national security interest and a de-
12
tailed summary of market research demonstrating
13
the lack of availability of United States shipyards to
14
meet the Coast Guard requirements consistent with
15
national security interest.’’.
16
(b) CLERICAL AMENDMENT.—The analysis for chap-
17 ter 11 of title 14, United States Code, is amended by
18 striking the item relating to section 1151 and inserting
19 the following:
‘‘1151. Restriction on acquisition, procurement, or construction of vessels in foreign shipyards.’’.
20
SEC. 7214. FLOATING DRYDOCK FOR UNITED STATES
21
22
COAST GUARD YARD.
(a) IN GENERAL.—Subchapter III of chapter 11 of
23 title 14, United States Code, is amended by adding at the
24 end the following:
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1 ‘‘§ 1159. Floating drydock for United States Coast
2
3
Guard Yard
‘‘(a) IN GENERAL.—Except as provided in subsection
4 (b), the Commandant, using funds appropriated pursuant
5 to section 1181, may not acquire, procure, or construct
6 a floating dry dock for the Coast Guard Yard.
7
‘‘(b) PERMISSIBLE ACQUISITION, PROCUREMENT, OR
8 CONSTRUCTION METHODS.—Notwithstanding subsection
9 (a) of this section and section 1105(a), the Commandant
10 may—
11
‘‘(1) provide for an entity other than the Coast
12
Guard to contract for the acquisition, procurement,
13
or construction of a floating drydock by contract,
14
purchase, or other agreement;
15
16
‘‘(2) construct a floating drydock at the Coast
Guard Yard; or
17
‘‘(3) acquire or procure a commercially avail-
18
able floating drydock.
19
‘‘(c) DESIGN STANDARDS AND CONSTRUCTION PRAC-
20
TICES.—To the extent practicable, a floating drydock ac-
21 quired, procured, or constructed under this section shall
22 reflect commercial design standards and commercial con23 struction practices that are consistent with the best inter24 ests of the Federal Government.
25
‘‘(d) BERTHING REQUIREMENT.—Any floating dry-
26 dock acquired, procured, or constructed under subsection
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1 (b) shall be berthed at the Coast Guard Yard in Balti2 more, Maryland, when lifting or maintaining vessels.
3
‘‘(e) FLOATING DRYDOCK DEFINED.—In this sec-
4 tion, the term ‘floating drydock’ means equipment that
5 is—
6
‘‘(1) constructed in the United States; and
7
‘‘(2) capable of meeting the lifting and mainte-
8
nance requirements of an Offshore Patrol Cutter or
9
a National Security Cutter.’’.
10
(b) CLERICAL AMENDMENT.—The analysis for chap-
11 ter 11 of title 14, United States Code, is amended by in12 serting after the item relating to section 1158 the fol13 lowing:
‘‘1159. Floating drydock for United States Coast Guard Yard.’’.
14
15
SEC. 7215. GREAT LAKES ICEBREAKING.
(a) GREAT LAKES ICEBREAKER AND ICEBREAKING
16 TUGS.—
17
(1) STRATEGY.—Not later than 90 days after
18
the date of enactment of this Act, the Commandant
19
shall submit to the Committee on Commerce,
20
Science, and Transportation of the Senate and the
21
Committee on Transportation and Infrastructure of
22
the House of Representatives a strategy detailing
23
how the Coast Guard will complete design and con-
24
struction of a Great Lakes icebreaker at least as ca-
25
pable as the Coast Guard cutter Mackinaw (WLBB–
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1
30) as expeditiously as possible after funding is pro-
2
vided for such icebreaker, including providing a cost
3
estimate and an estimated delivery timeline that
4
would facilitate the expedited delivery detailed in the
5
strategy.
6
(2) REPORT ON BAY CLASS ICEBREAKING TUG
7
FLEET REPLACEMENT.—Not
8
after the date of enactment of this Act, the Com-
9
mandant shall submit to the Committee on Trans-
10
portation and Infrastructure of the House of Rep-
11
resentatives and the Committee on Commerce,
12
Science, and Transportation of the Senate—
later than 180 days
13
(A) a report that describes the strategy of
14
the Coast Guard with respect to the replace-
15
ment of the Bay class icebreaking tug fleet;
16
(B) in the case of such a strategy that re-
17
sults in the replacement of the last Bay class
18
icebreaking tug on a date that is more than 5
19
years after such date of enactment, a plan to
20
maintain the operational capabilities of the Bay
21
class icebreaking tug fleet until the date on
22
which such fleet is projected to be replaced; and
23
(C) in the case of such a plan that does
24
not include the replacement of the main propul-
25
sion engines and marine gear components of
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1
the Bay class icebreaking tug fleet, an assess-
2
ment of the manner in which not replacing such
3
engines and gear components will effect the fu-
4
ture operational availability of such fleet.
5
(b) GREAT LAKES ICEBREAKER PILOT PROGRAM.—
6 Section 11212(a) of the Don Young Coast Guard Author7 ization Act of 2022 (Public Law 117–263) is amended by
8 adding at the end the following:
9
‘‘(4) PILOT PROGRAM.—
10
‘‘(A) IN GENERAL.—During the 5 ice sea-
11
sons beginning after the date of enactment of
12
the Coast Guard Authorization Act of 2025, the
13
Commandant shall conduct a pilot program to
14
determine the extent to which the Coast Guard
15
Great Lakes icebreaking cutter fleet is capable
16
of maintaining tier one and tier two waterways
17
open 95 percent of the time during an ice sea-
18
son.
19
‘‘(B) REPORT.—Not later than 180 days
20
after the end of each of the 5 ice seasons begin-
21
ning after the date of enactment of the Coast
22
Guard Authorization Act of 2025, the Com-
23
mandant shall submit to the Committee on
24
Commerce, Science, and Transportation of the
25
Senate and the Committee on Transportation
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1
and Infrastructure of the House of Representa-
2
tives a report that details—
3
‘‘(i) the results of the pilot program
4
required under subparagraph (A); and
5
‘‘(ii) any relevant new performance
6
measures
7
Guard, including the measures described in
8
pages 5 through 7 of the report of the
9
Coast Guard titled ‘Domestic Icebreaking
10
Operations’ and submitted to Congress on
11
July 26, 2024, as required by section
12
11212(a)(3) of the Don Young Coast
13
Guard Authorization Act of 2022 (Public
14
Law 117–263), and the results of the im-
15
plementation of such measures.’’.
16
(c) MODIFICATION TO REPORTING REQUIREMENT
17 RELATING
TO
implemented
by
ICEBREAKING OPERATIONS
the
IN
Coast
GREAT
18 LAKES.—Section 11213(f) of the Don Young Coast Guard
19 Authorization Act of 2022 (Public Law 117–263) is
20 amended to read as follows:
21
‘‘(f) PUBLIC REPORT.—Not later than July 1 after
22 the first winter in which the Commandant has submitted
23 the report required by paragraph (3) of section 11212(a),
24 the Commandant shall publish on a publicly accessible
25 website of the Coast Guard a report on the cost to the
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1 Coast Guard of meeting the proposed standards described
2 in paragraph (2) of such section.’’.
3
(d) REPORT ON COAST GUARD CUTTER MACKI-
4
NAW.—Not later than 1 year after the date of enactment
5 of this Act, the Commandant shall submit to the Com6 mittee on Commerce, Science, and Transportation of the
7 Senate and the Committee on Transportation and Infra8 structure of the House of Representatives a detailed writ9 ten briefing that describes—
10
11
(1) the Midlife Maintenance Availability Assessment for Coast Guard Cutter Mackinaw;
12
(2) the remaining service life of the hull;
13
(3) the—
14
(A) estimated remaining service life of the
15
hull if the cutter undergoes a Service Life Ex-
16
tension Program;
17
18
(B) estimated costs associated with such a
program; and
19
(C) fiscal years in which such funds would
20
be required to ensure the Coast Guard Cutter
21
Mackinaw remains operational consistently in
22
winter seasons through the extended service life
23
resulting from such a program.
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1
SEC. 7216. BRIEFING ON DEPLOYMENT OF SPECIAL PUR-
2
POSE CRAFT–HEAVY WEATHER SECOND GEN-
3
ERATION (SPEC-HWX II) VESSELS IN PACIFIC
4
NORTHWEST.
5
Not later than 180 days after the date of enactment
6 of this Act, the Commandant shall provide to the Com7 mittee on Commerce, Science, and Transportation of the
8 Senate and the Committee on Transportation and Infra9 structure of the House of Representatives a briefing on—
10
(1) the status of the acquisition and procure-
11
ment of second-generation Special Purpose Craft–
12
Heavy Weather (SPC–HWX II) vessels consistent
13
with section 11104(a)(3) of the Don Young Coast
14
Guard Authorization Act of 2022 (division K of
15
Public Law 117–263);
16
(2) the timeline for the deployment of such ves-
17
sels to stations in the Pacific Northwest previously
18
served by the first-generation Special Purpose
19
Craft–Heavy Weather vessels and the National
20
Motor Lifeboat School;
21
(3) funding levels required each fiscal year to
22
meet the requirements completing the fleet size pre-
23
scribed in section 11104(a)(3) of the Don Young
24
Coast Guard Authorization Act of 2022 (division K
25
of Public Law 117–263) not later than fiscal year
26
2030;
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1
2
(4) any outstanding barriers to the timeliness of
such deployment; and
3
(5) any instances where the Coast Guard was
4
unable to deploy or complete statutory missions, in-
5
cluding towing missions, due to the lack of such first
6
generation heavy weather craft.
7
8
SEC. 7217. REPORT ON 87-FOOT PATROL BOAT FLEET.
Not later than 9 months after the date of enactment
9 of this Act, the Commandant shall submit to the Com10 mittee on Commerce, Science, and Transportation of the
11 Senate and the Committee on Transportation and Infra12 structure of the House of Representatives a detailed writ13 ten briefing that describes the strategy of the Coast Guard
14 with respect to replacing the mission capability provided
15 by the full 87-foot patrol boat fleet that was operational
16 on September 30, 2020.
17
SEC. 7218. PROCUREMENT OF TACTICAL MARITIME SUR-
18
19
VEILLANCE SYSTEMS.
(a) IN GENERAL.—Except as provided in subsection
20 (b)(2), subject to the availability of appropriations and if
21 the Secretary of Homeland Security determines that there
22 is a need, the Secretary of Homeland Security shall—
23
(1) procure a tactical maritime surveillance sys-
24
tem, or similar technology, for use by the Coast
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1
Guard and U.S. Customs and Border Protection in
2
the areas of operation of—
3
(A) Coast Guard Sector San Diego in Cali-
4
fornia;
5
(B) Coast Guard Sector San Juan in Puer-
6
to Rico; and
7
(C) Coast Guard Sector Key West in Flor-
8
ida; and
9
(2) for purposes of data integration and land-
10
based data access, procure for each area of oper-
11
ation described in paragraph (1) and for Coast
12
Guard Station South Padre Island a land-based
13
maritime domain awareness system capable of shar-
14
ing data with the Coast Guard and U.S. Customs
15
and Border Protection—
16
(A) to operate in conjunction with—
17
(i) the system procured under section
18
11266 of the James M. Inhofe National
19
Defense Authorization Act for Fiscal Year
20
2023 (Public Law 117–263; 136 Stat.
21
4063) for Coast Guard Station South
22
Padre Island; and
23
(ii) the tactical maritime surveillance
24
system procured for each area of operation
25
under paragraph (1); and
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1
(B) to be installed in the order in which
2
the systems described in subparagraph (A) are
3
installed.
4
(b) STUDY; LIMITATION.—
5
(1) STUDY REQUIRED.—Prior to the procure-
6
ment or operation of a tactical maritime surveillance
7
system, or similar technology, that is deployed from
8
a property owned by the Department of Defense, the
9
Secretary of Homeland Security shall complete a
10
study, in coordination with Secretary of Defense,
11
analyzing the potential impacts to the national secu-
12
rity of the United States of such operation.
13
(2) LIMITATION.—If it is determined by the
14
Secretary of Homeland Security and the Secretary
15
of Defense through the study required under para-
16
graph (1) that the placement or installation of a sys-
17
tem described in subsection (a) negatively impacts
18
the national security of the United States, such sys-
19
tem shall not be procured or installed.
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1
Subtitle C—Personnel
2
SEC. 7221. DESIGNATION OF OFFICERS WITH PARTICULAR
3
EXPERTISE
4
HEALTHCARE.
5
IN
MILITARY
JUSTICE
OR
(a) IN GENERAL.—Subchapter I of chapter 21 of title
6 14, United States Code is amended by adding at the end
7 the following:
8 ‘‘§ 2132. Designation of officers with particular exper9
tise in military justice or healthcare
10
‘‘(a) SECRETARY DESIGNATION.—The Secretary may
11 designate a limited number of officers of the Coast Guard
12 as having particular expertise in—
13
‘‘(1) military justice; or
14
‘‘(2) healthcare.
15
‘‘(b) PROMOTION AND GRADE.—An individual des-
16 ignated under this section—
17
18
‘‘(1) shall not be included on the active duty
promotion list;
19
‘‘(2) shall be promoted under section 2126; and
20
‘‘(3) may not be promoted to a grade higher
21
than captain.’’.
22
(b) CLERICAL AMENDMENT.—The analysis for chap-
23 ter 21 of title 14, United States Code, is amended by in24 serting after the item relating to section 2131 the fol25 lowing:
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‘‘2132. Designation of officers with particular expertise in military justice or
healthcare.’’.
1
(c) CONFORMING AMENDMENTS.—
2
(1) Section 2102(a) of title 14, United States
3
Code, is amended, in the second sentence by striking
4
‘‘and officers of the permanent commissioned teach-
5
ing staff of the Coast Guard Academy’’ and insert-
6
ing ‘‘officers of the permanent commissioned teach-
7
ing staff of the Coast Guard Academy, and officers
8
designated by the Secretary pursuant this section’’.
9
(2) Subsection (e) of section 2103 of title 14,
10
United States Code, is amended to read as follows:
11
‘‘(e) SECRETARY TO PRESCRIBE NUMBERS FOR CER-
12
TAIN OFFICERS.—The Secretary shall prescribe the num-
13 ber of officers authorized to be serving on active duty in
14 each grade of—
15
16
‘‘(1) the permanent commissioned teaching
staff of the Coast Guard Academy;
17
18
‘‘(2) the officers designated by the Secretary
pursuant to this section; and
19
‘‘(3) the officers of the Reserve serving in con-
20
nection with organizing, administering, recruiting,
21
instructing, or training the reserve components.’’.
22
(3) Section 2126 of title 14, United States
23
Code, is amended, in the second sentence, by insert-
24
ing ‘‘and as to officers designated by the Secretary
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1
pursuant to this section’’ after ‘‘reserve compo-
2
nents’’.
3
4
(4) Section 3736(a) of title 14, United States
Code, is amended—
5
(A) in the first sentence by striking ‘‘pro-
6
motion list and the’’ and inserting ‘‘promotion
7
list, officers designated by the Secretary pursu-
8
ant to this section, and the officers on the’’;
9
and
10
(B) in the second sentence by striking
11
‘‘promotion list or the’’ and inserting ‘‘pro-
12
motion list, officers designated by the Secretary
13
pursuant to this section, or the officers on the’’.
14
SEC. 7222. DEFERRED RETIREMENT AND RETENTION IN AC-
15
TIVE DUTY STATUS FOR HEALTH PROFES-
16
SIONS OFFICERS.
17
(a) DEFERRED RETIREMENT.—Section 2154 of title
18 14, United States Code, is amended by adding at the end
19 the following:
20
‘‘(c) DEFERRED RETIREMENT OR SEPARATION FOR
21 HEALTH PROFESSIONS OFFICERS.—
22
‘‘(1) IN GENERAL.—Subject to paragraph (2),
23
the Secretary may defer the retirement or separation
24
under subsection (a) of a health professions officer
25
if, during the period of the deferment, the health
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2348
1
professions officer will be performing duties that
2
consist primarily of providing patient care or per-
3
forming other clinical duties.
4
‘‘(2) LIMITATION.—A deferment under this
5
subsection may not extend beyond the first day of
6
the month following the month in which the health
7
professions officer concerned becomes 68 years of
8
age.
9
‘‘(3) DESIGNATION.—The Secretary may des-
10
ignate as health professions officers a category of
11
members of the Coast Guard whose duties consist
12
primarily of—
13
‘‘(A) providing health care;
14
‘‘(B) performing other clinical care, includ-
15
ing radiology, specialty care, behavioral health
16
care, pharmacy care, medical laboratory, or
17
testing; or
18
‘‘(C) performing health care-related admin-
19
istrative duties.
20
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing
in
21
this subsection may be construed to prohibit or mod-
22
ify the application of any provision relating to man-
23
datory separation or disciplinary action.
24
25
‘‘(5)
HEALTH
PROFESSIONS
OFFICER
DE-
FINED.—In this subsection, the term ‘health profes-
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1
sions officer’ means an officer or enlisted member of
2
the Coast Guard in good standing who is—
3
‘‘(A) a physician, surgeon, medical spe-
4
cialist, nurse or nurse practitioner, physician’s
5
assistant, health service technician, therapist,
6
fully licensed clinical psychotherapist, counselor,
7
social worker, medical assistant, radiology as-
8
sistant, pharmacist, pharmacy assistant, nutri-
9
tionist, dietitian, any administrative personnel
10
associated with a Coast Guard medical program
11
(including a clinic), personnel who works in a
12
medical laboratory, physical therapist, physical
13
therapist aide, occupational therapist, or occu-
14
pational therapist aide;
15
‘‘(B) a dentist, dental assistant, oral sur-
16
geon, or any other dental-related personnel; or
17
‘‘(C) a member of a category designated by
18
19
the Secretary under paragraph (3).’’.
(b) RETENTION IN ACTIVE STATUS.—Section 3753
20 of title 14, United States Code, is amended—
21
22
(1) by redesignating subsection (d) as subsection (e); and
23
24
(2) by inserting after subsection (c) the following:
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1
2
‘‘(d) RETENTION OF HEALTH PROFESSIONS OFFICERS.—
3
‘‘(1)
IN
GENERAL.—Notwithstanding
sub-
4
sections (a), (b), and (c), the Secretary may author-
5
ize the retention of a Reserve health professions offi-
6
cer in an active status not beyond the first day of
7
the month following the month in which the health
8
professions officer concerned becomes 68 years of
9
age.
10
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing
in
11
this subsection may be construed to prohibit or mod-
12
ify the application of any provision relating to man-
13
datory separation or disciplinary action.
14
‘‘(3)
HEALTH
PROFESSIONS
OFFICER
DE-
15
FINED.—In this subsection, the term ‘health profes-
16
sions officer’ means an officer or enlisted member of
17
the Coast Guard in good standing who is—
18
‘‘(A) a physician, surgeon, medical spe-
19
cialist, nurse or nurse practitioner, physician’s
20
assistant, health service technician, therapist,
21
fully licensed clinical psychotherapist, counselor,
22
social worker, medical assistant, radiology as-
23
sistant, pharmacist, pharmacy assistant, nutri-
24
tionist, dietitian, any administrative personnel
25
associated with a Coast Guard medical program
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1
(including a clinic), personnel who works in a
2
medical laboratory, physical therapist, physical
3
therapist aide, occupational therapist, or occu-
4
pational therapist aide;
5
‘‘(B) a dentist, dental assistant, oral sur-
6
geon, or any other dental-related personnel; or
7
‘‘(C) a member of a category designated by
8
9
the Secretary under section 2154(c)(3).’’.
SEC. 7223. MODIFICATIONS TO THE OFFICER INVOLUNTARY
10
11
SEPARATION PROCESS.
(a) REVIEW OF RECORDS.—Section 2158 of title 14,
12 United States Code, is amended in the matter preceding
13 paragraph (1) by striking ‘‘may at any time convene a
14 board of officers’’ and inserting ‘‘shall prescribe, by regu15 lation, procedures’’.
16
(b) BOARDS OF INQUIRY.—Section 2159(c) of title
17 14, United States Code, is amended by striking ‘‘send the
18 record of its proceedings to a board of review’’ and insert19 ing ‘‘recommend to the Secretary that the officer not be
20 retained on active duty’’.
21
(c) REPEAL OF BOARDS OF REVIEW.—Section 2160
22 of title 14, United States Code, is repealed.
23
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
24
(1) IN
25
Code, is amended—
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GENERAL.—Title
14, United States
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2352
1
(A) in section 2161 by striking ‘‘section
2
2158, 2159, or 2160’’ each place it appears and
3
inserting ‘‘section 2158 or 2159’’;
4
(B) in section 2163, in the first sentence
5
by striking ‘‘board of review under section 2160
6
of this title’’ and inserting ‘‘board of inquiry
7
under section 2159 of this title’’; and
8
(C) in section 2164(a), in the matter pre-
9
ceding paragraph (1), by striking ‘‘or 2160’’.
10
(2) CLERICAL AMENDMENT.—The analysis at
11
the beginning of chapter 21 of title 14, United
12
States Code, is amended by striking the item relat-
13
ing to section 2160.
14
SEC. 7224. MODIFICATIONS AND REVISIONS RELATING TO
15
REOPENING RETIRED GRADE DETERMINA-
16
TIONS.
17
(a) IN GENERAL.—Section 2501(d)(2) of title 14,
18 United States Code, is amended—
19
20
(1) in subparagraph (B) by inserting ‘‘a’’ before
‘‘competent authority’’;
21
(2) by redesignating subparagraphs (C) through
22
(E) as subparagraphs (F) through (H), respectively;
23
and
24
25
(3) by inserting after subparagraph (B) the following:
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1
‘‘(C) substantial evidence comes to light
2
that, during the commissioned service of the of-
3
ficer, the officer failed to carry out applicable
4
laws, with an intent to deceive or defraud;
5
‘‘(D) substantial evidence comes to light
6
after the retirement that the officer committed
7
rape or sexual assault, as described in sections
8
920(a) and 920(b) of title 10 (articles 120(a)
9
and 120(b) of the Uniform Code of Military
10
Justice) at any time during the commissioned
11
service of the officer;
12
‘‘(E) substantial evidence comes to light
13
after the retirement that the commissioned offi-
14
cer knew of and failed to report through proper
15
channels, in accordance with existing law at the
16
time of the alleged incident, any known in-
17
stances of sexual assault by a member of the
18
Coast Guard under the command of the officer
19
during the officer’s service;’’.
20
(b) ISSUANCE AND REVISION OF REGULATIONS RE-
21
LATING TO GOOD CAUSE TO REOPEN RETIRED GRADE
22 DETERMINATIONS.—Not later than 180 days after the
23 date of enactment of this Act, the Secretary of the depart24 ment in which the Coast Guard is operating shall issue
25 or revise, as applicable, and at the discretion of the Sec-
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2354
1 retary consistent with this section, regulations of the
2 Coast Guard to do the following:
3
(1) Define what constitutes good cause to re-
4
open a retired grade determination referred to in
5
subparagraph (H) of section 2501(d)(2) of title 14,
6
United States Code, as redesignated by subsection
7
(a), to ensure that the following shall be considered
8
good cause for such a reopening:
9
(A) Circumstances that constitute a failure
10
to carry out applicable laws regarding a report
11
of sexual assault with an intent to deceive by a
12
commissioned officer, that relate to a response
13
made to a report of sexual assault, during the
14
commissioned service of the officer.
15
(B) Substantial evidence of sexual assault
16
by the commissioned officer concerned, at any
17
time during the commissioned service of such
18
officer, or such evidence that was not consid-
19
ered by the Coast Guard in a manner consistent
20
with law.
21
(2) Identify the standard for making, and the
22
evidentiary showing required to support, an adverse
23
determination on the retired grade of a commis-
24
sioned officer.
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1
2
(c) REVISION OF LIMITATIONS ON REOPENING RETIRED
GRADE DETERMINATIONS.—Not later than 180
3 days after the date of enactment of this Act, the Secretary
4 of the department in which the Coast Guard is operating
5 shall revise applicable guidance in section K.10 of chapter
6 3 of Commandant Instruction 1000.4A to remove any re7 striction that limits the ability to reopen the retired grade
8 of a commissioned officer based on—
9
(1) whether new evidence is discovered contem-
10
poraneously with or within a short time period after
11
the date of retirement of the officer concerned; and
12
(2) whether the misconduct concerned was not
13
discoverable through due diligence.
14
(d) SAVINGS CLAUSE.—No provision of this section
15 or the amendments made by this section shall be construed
16 to permit a review of conduct that was not in violation
17 of law or policy at the time of the alleged conduct.
18
19
SEC. 7225. FAMILY LEAVE POLICIES FOR COAST GUARD.
(a) IN GENERAL.—Section 2512 of title 14, United
20 States Code, is amended—
21
(1) in the section heading by striking ‘‘Leave’’
22
and inserting ‘‘Family leave’’;
23
(2) in subsection (a)—
24
(A) by striking ‘‘, United States Code,’’
25
and inserting ‘‘or, with respect to the reserve
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1
component of the Coast Guard, the Secretary of
2
Defense promulgates a new regulation for mem-
3
bers of the reserve component of the Coast
4
Guard pursuant to section 711 of title 10,’’;
5
(B) by striking ‘‘or adoption of a child’’
6
and inserting ‘‘or placement of a minor child
7
with the member for adoption or long term fos-
8
ter care’’;
9
(C) by striking ‘‘and enlisted members’’
10
and inserting ‘‘, enlisted members, and mem-
11
bers of the reserve component’’; and
12
(D) by inserting ‘‘or, with respect to mem-
13
bers of the reserve component of the Coast
14
Guard, the Secretary of Defense’’ after ‘‘pro-
15
vided by the Secretary of the Navy’’;
16
(3) in subsection (b)—
17
(A) in the subsection heading by striking
18
‘‘ADOPTION OF CHILD’’ and inserting ‘‘PLACE-
19
MENT OF
20
ADOPTION OR LONG TERM FOSTER CARE’’;
21
22
MINOR CHILD WITH MEMBER FOR
(B) by striking ‘‘and 704’’ and inserting ‘‘,
704, and 711’’;
23
(C) by striking ‘‘and enlisted members’’
24
and inserting ‘‘, enlisted members, and mem-
25
bers of the reserve component’’;
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1
(D) by striking ‘‘the birth or adoption’’
2
and inserting ‘‘the birth, adoption, or long term
3
foster care’’;
4
(E) by striking ‘‘immediately’’;
5
(F) by striking ‘‘such birth or adoption’’
6
and inserting ‘‘such birth, placement of a minor
7
child with the member for long-term foster care,
8
or adoption,’’; and
9
(G) by striking ‘‘enlisted member’’ and in-
10
serting ‘‘, enlisted member, or member of the
11
reserve component’’; and
12
(4) by adding at the end the following:
13
‘‘(c) PERIOD OF LEAVE.—
14
‘‘(1) IN GENERAL.—The Secretary of the de-
15
partment in which the Coast Guard is operating,
16
may authorize leave described under subparagraph
17
(b) to be taken after the one-year period described
18
in subparagraph (b) in the case of a member de-
19
scribed in subsection (b) who, except for this sub-
20
paragraph, would lose unused family leave at the
21
end of the one-year period described in subpara-
22
graph (A) as a result of—
23
‘‘(A) operational requirements;
24
‘‘(B) professional military education obli-
25
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‘‘(C) other circumstances that the Sec-
2
retary determines reasonable and appropriate.
3
‘‘(2) EXTENDED DEADLINE.—The regulation,
4
rule, policy, or memorandum prescribed under para-
5
graph (a) shall require that any leave authorized to
6
be taken after the one-year period described in sub-
7
paragraph (c)(1)(A) shall be taken within a reason-
8
able period of time, as determined by the Secretary
9
of the department in which the Coast Guard is oper-
10
ating, after cessation of the circumstances war-
11
ranting the extended deadline.
12
‘‘(d) MEMBER OF THE RESERVE COMPONENT OF
13
THE COAST GUARD DEFINED.—In this section, the term
14 ‘member of the reserve component of the Coast Guard’
15 means a member of the Coast Guard who is a member
16 of—
17
18
‘‘(1) the selected reserve who is entitled to compensation under section 206 of title 37; or
19
‘‘(2) the individual ready reserve who is entitled
20
to compensation under section 206 of title 37 when
21
attending or participating in a sufficient number of
22
periods of inactive-duty training during a year to
23
count the year as a qualifying year of creditable
24
service toward eligibility for retired pay.’’.
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1
(b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 25 of title 14, United States Code, is amended by
3 striking the item relating to section 2512 and inserting
4 the following:
‘‘2512. Family leave policies for the Coast Guard.’’.
5
(c) COMPENSATION.—Section 206(a)(4) of title 37,
6 United States Code, is amended by inserting before the
7 period at the end ‘‘or family leave under section 2512 of
8 title 14’’.
9
SEC. 7226. MODIFICATIONS TO CAREER FLEXIBILITY PRO-
10
11
GRAM.
Section 2514 of title 14, United States Code, is
12 amended—
13
(1) in subsection (c)(3) by striking ‘‘2 months’’
14
and inserting ‘‘30 days’’; and
15
(2) in subsection (h)—
16
(A) in paragraph (1) by striking ‘‘and’’ at
17
the end;
18
(B) in paragraph (2) by striking the period
19
and inserting a semicolon; and
20
(C) by adding at the end the following:
21
‘‘(3) the entitlement of the member and of the
22
survivors of the member to all death benefits under
23
subchapter II of chapter 75 of title 10;
24
‘‘(4) the provision of all travel and transpor-
25
tation allowances to family members of a deceased
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1
member to attend the repatriation, burial, or memo-
2
rial ceremony of a deceased member as provided in
3
section 453(f) of title 37;
4
5
‘‘(5) the eligibility of the member for general
benefits as provided in part II of title 38; and
6
‘‘(6) in the case of a victim of an alleged sex-
7
related offense (as such term is defined in section
8
1044e(h) of title 10) to the maximum extent prac-
9
ticable, maintaining access to—
10
‘‘(A) Coast Guard behavioral health re-
11
sources;
12
‘‘(B) sexual assault prevention and re-
13
sponse resources and programs of the Coast
14
Guard; and
15
‘‘(C) Coast Guard legal resources, includ-
16
ing, to the extent practicable, special victims’
17
counsel.’’.
18
SEC. 7227. MEMBERS ASSERTING POST-TRAUMATIC STRESS
19
DISORDER, SEXUAL ASSAULT, OR TRAUMATIC
20
BRAIN INJURY.
21
Section 2516 of title 14, United States Code, is
22 amended—
23
24
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(1) in subsection (a)—
(A) in paragraph (1)—
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2361
1
(i) by striking ‘‘or has been sexually
2
assaulted during the preceding 2-year pe-
3
riod’’; and
4
(ii) by striking ‘‘or based on such sex-
5
ual assault, the influence of’’ and inserting
6
‘‘the signs and symptoms of either’’;
7
(B)
by
redesignating
paragraphs
(2)
8
through (4) as paragraphs (3) through (5), re-
9
spectively;
10
(C) by inserting after paragraph (1) the
11
following:
12
‘‘(2) MENTAL,
BEHAVIORAL, OR EMOTIONAL
13
DISORDER.—A member of the Coast Guard who has
14
been sexually assaulted during the preceding 5-year
15
period and who alleges, based on such sexual as-
16
sault, the signs and symptoms of a diagnosable men-
17
tal, behavioral, or emotional disorder described with-
18
in the most recent edition of the Diagnostic and Sta-
19
tistical Manual of Mental Disorders published by the
20
American Psychiatric Association—
21
‘‘(A) is provided the opportunity to request
22
a medical examination to clinically evaluate
23
such signs and symptoms; and
24
‘‘(B) receives such a medical examination
25
to evaluate a diagnosis of post-traumatic stress
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1
disorder, traumatic brain injury, or diagnosable
2
mental, behavioral, or emotional disorder de-
3
scribed within the most recent edition of the Di-
4
agnostic and Statistical Manual of Mental Dis-
5
orders published by the American Psychiatric
6
Association.’’;
7
(D) in paragraph (3) by striking ‘‘para-
8
graph (1)’’ and inserting ‘‘this subsection’’; and
9
(E) in paragraph (4), as so redesignated—
10
(i) by inserting ‘‘or a diagnosable
11
mental, behavioral, or emotional disorder’’
12
before ‘‘under this subsection’’;
13
(ii) by inserting ‘‘performed by’’ after
14
‘‘shall be’’; and
15
(iii) by striking subparagraphs (A)
16
and (B) and inserting the following:
17
‘‘(A) a board-certified psychiatrist;
18
‘‘(B) a licensed doctorate-level psycholo-
19
gist;
20
‘‘(C) any other appropriate licensed or cer-
21
tified healthcare professional designated by the
22
Commandant; or
23
24
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‘‘(D) a psychiatry resident or board-eligible
psychologist who—
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2363
1
‘‘(i) has completed a 1-year internship
2
or residency; and
3
‘‘(ii) is under the close supervision of
4
a board-certified psychiatrist or licensed
5
doctorate-level psychologist.’’;
6
(2) in subsection (b) by inserting ‘‘or a
7
diagnosable mental, behavioral, or emotional dis-
8
order’’ after ‘‘traumatic brain injury’’; and
9
(3) by adding at the end the following:
10
11
‘‘(e) NOTIFICATION OF RIGHT TO REQUEST MEDICAL EXAMINATION.—
12
‘‘(1) IN GENERAL.—Any member of the Coast
13
Guard who receives a notice of involuntary adminis-
14
trative separation shall be advised at the time of
15
such notice of the right of the member to request a
16
medical examination under subsection (a) if any con-
17
dition described in such subsection applies to the
18
member.
19
‘‘(2) POLICY.—The Commandant shall—
20
‘‘(A) develop and issue a clear policy for
21
carrying out the notification required under
22
paragraph (1) with respect to any member of
23
the Coast Guard described in that paragraph
24
who has made an unrestricted report of sexual
25
assault; and
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1
‘‘(B) provide information on such policy to
2
sexual assault response coordinators of the
3
Coast Guard for the purpose of ensuring that
4
such policy is communicated to members of the
5
Coast Guard who may be eligible for a medical
6
examination under this section.’’.
7
SEC. 7228. AUTHORITY FOR CERTAIN PERSONNEL; COM-
8
MAND SPONSORSHIP FOR DEPENDENTS OF
9
MEMBERS OF COAST GUARD ASSIGNED TO
10
UNALASKA, ALASKA; IMPROVED PREVENTION
11
OF AND RESPONSE TO HAZING AND BUL-
12
LYING.
13
(a) IN GENERAL.—Subchapter I of chapter 25 of title
14 14, United States Code, is amended by adding at the end
15 the following:
16 ‘‘§ 2517. Authority for certain personnel
17
‘‘(a) IN GENERAL.—The Commandant may appoint,
18 without regard to the provisions of subchapter I of chapter
19 33 (other than sections 3303 and 3328 of such chapter)
20 of title 5, qualified candidates to any of the following posi21 tions in the competitive service (as defined in section 2102
22 of title 5) in the Coast Guard:
23
‘‘(1) Any category of medical or health profes-
24
sional positions within the Coast Guard.
25
‘‘(2) Any childcare services position.
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1
‘‘(3) Any position in the Coast Guard housing
2
office of a Coast Guard installation, the primary
3
function of which is supervision of Coast Guard
4
housing covered by subchapter III of chapter 29 of
5
this title.
6
‘‘(4) Any nonclinical specialist position the pur-
7
pose of which is the integrated primary prevention
8
of harmful behavior, including suicide, sexual as-
9
sault, harassment, domestic abuse, and child abuse.
10
‘‘(5) Any special agent position of the Coast
11
Guard Investigative Service.
12
13
‘‘(6) The following positions at the Coast Guard
Academy:
14
‘‘(A) Any civilian faculty member ap-
15
pointed under section 1941.
16
‘‘(B) A position involving the improvement
17
18
of cadet health or well-being.
‘‘(b) LIMITATION.—The Commandant shall only ap-
19 point qualified candidates under the authority provided by
20 subsections (a) and (b) if the Commandant determines
21 that there is a shortage of qualified candidates for the po22 sitions described in such subsection or a critical hiring
23 need for such positions.
24
‘‘(c) BRIEFING REQUIREMENT.—Not later than 1
25 year after the date of enactment of the Coast Guard Au-
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2366
1 thorization Act of 2025, and annually thereafter for the
2 following 5 years, the Commandant shall submit to the
3 Committee on Commerce, Science, and Transportation
4 and the Committee on Homeland Security and Govern5 mental Affairs of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Representa7 tives a written briefing which describes the use of the au8 thority provided under this section on an annual basis, in9 cluding the following:
10
‘‘(1) The number of employees hired under the
11
authority provided under this section within the year
12
for which the briefing is provided.
13
14
‘‘(2) The positions and grades for which employees were hired.
15
‘‘(3) A justification for the Commandant’s de-
16
termination that such positions involved a shortage
17
of qualified candidates or a critical hiring need.
18
‘‘(4) The number of employees who were hired
19
under the authority provided under this section who
20
have separated from the Coast Guard.
21
‘‘(5) Steps the Coast Guard has taken to en-
22
gage with the Office of Personnel Management
23
under subpart B of part 337 of title 5, Code of Fed-
24
eral Regulations, for positions for which the Com-
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1
mandant determines a direct hire authority remains
2
necessary.
3
‘‘(d) SUNSET.—The authority provided under sub-
4 section (a) shall expire on September 30, 2030.
5 ‘‘§ 2518. Command sponsorship
6
‘‘On request by a member of the Coast Guard as-
7 signed to Unalaska, Alaska, the Commandant shall grant
8 command sponsorship to the dependents of such member.
9 ‘‘§ 2519. Prevention of and response to hazing and
10
11
12
bullying
‘‘(a) ANTI-HAZING
BASE.—The
ANTI-BULLYING DATA-
AND
Secretary of the department in which the
13 Coast Guard is operating, in consultation with the Sec14 retary of Defense, shall cooperate in the establishment and
15 use of a comprehensive and consistent data-collection sys16 tem described in section 549 of the National Defense Au17 thorization Act for Fiscal Year 2017 (10 U.S.C. 113 note)
18 for the collection of reports, including anonymous reports,
19 of incidents of hazing or bullying.
20
‘‘(b) IMPROVED TRAINING.—The Commandant shall
21 seek to improve training to assist members of the Coast
22 Guard to better recognize, prevent, and respond to hazing
23 and bullying at all command levels.
24
25
‘‘(c) ANNUAL REPORTS
LYING.—Not
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ON
HAZING
AND
BUL-
later than May 31, 2026, and annually
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2368
1 thereafter for 5 years, the Secretary of the department
2 in which the Coast Guard is operating shall submit to the
3 Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Transportation and In5 frastructure of the House of Representatives a report con6 taining the following:
7
8
‘‘(1) a description of efforts during the previous
fiscal year—
9
‘‘(A) to prevent and to respond to inci-
10
dents of hazing or bullying involving members
11
of the Coast Guard;
12
‘‘(B) to track and encourage reporting, in-
13
cluding reporting anonymously, incidents of
14
hazing in the Coast Guard; and
15
‘‘(C) to ensure the consistent implementa-
16
tion of anti-hazing and anti-bullying policies.
17
‘‘(2) A discussion of the policies of the Coast
18
Guard for preventing and responding to incidents of
19
hazing.
20
‘‘(3) A description of comprehensive data collec-
21
tion systems of the Coast Guard for collecting haz-
22
ing or bullying reports involving a member of the
23
Coast Guard.
24
‘‘(4) A description of processes of the Coast
25
Guard to identify, document, and report alleged in-
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2369
1
stances of hazing or bullying. Such description shall
2
include the methodology the Coast Guard uses to
3
categorize and count potential instances of hazing or
4
bullying.
5
‘‘(5) A description of any training provided to
6
members of the Coast Guard on recognizing and
7
preventing hazing.
8
‘‘(6) For the preceding 3 fiscal years in the ini-
9
tial report and preceding fiscal year in subsequent
10
reports—
11
‘‘(A) the number of alleged and substan-
12
tiated incidents of hazing involving members of
13
the Coast Guard;
14
‘‘(B) a description of the nature of each
15
such incident; and
16
‘‘(C) a description of the actions taken to
17
address each such incident through nonjudicial
18
and judicial actions.
19
‘‘(7) With respect to training for members of
20
the Coast Guard on recognizing and preventing haz-
21
ing and bullying, an assessment by the Commandant
22
of—
23
‘‘(A) the quality of such training;
24
‘‘(B) the need for modifications to such
25
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1
‘‘(C) the need to require additional such
2
training.
3
‘‘(8) An assessment by the Commandant of—
4
‘‘(A) the effectiveness of the Coast Guard
5
in tracking and reporting instances of hazing or
6
bullying; and
7
‘‘(B) whether the performance of the Coast
8
Guard with respect to such tracking and report-
9
ing was satisfactory or unsatisfactory during
10
the preceding fiscal year.
11
‘‘(9) Recommendations of the Commandant to
12
improve—
13
14
‘‘(A) the policies described in paragraph
(4);
15
16
‘‘(B) the comprehensive data collection systems described in paragraph (5);
17
18
19
20
‘‘(C) the processes described in paragraph
(6);
‘‘(D) the training described in paragraph
(9); and
21
‘‘(E) the Uniform Code of Military Justice
22
or the Manual for Courts-Martial to improve
23
the prosecution of persons alleged to have com-
24
mitted hazing or bullying in the Coast Guard.
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1
‘‘(10) The status of efforts of the Commandant
2
to evaluate the prevalence of hazing and bullying in
3
the Coast Guard.
4
‘‘(11) Data on allegations of hazing and bul-
5
lying in the Coast Guard, including final disposition
6
of investigations.
7
‘‘(12) Plans of the Commandant to improve
8
hazing and bullying prevention and response during
9
the next reporting year.’’.
10
(b) CLERICAL AMENDMENT.—The analysis for chap-
11 ter 25 of title 14, United States Code, is amended by in12 serting after the item relating to section 2516 the fol13 lowing:
‘‘2517. Authority for certain personnel.
‘‘2518. Command sponsorship.
‘‘2519. Prevention of and response to hazing and bullying.’’.
14
SEC. 7229. AUTHORIZATION FOR MATERNITY UNIFORM AL-
15
16
LOWANCE FOR OFFICERS.
Section 2708 of title 14, United States Code, is
17 amended by adding at the end the following:
18
‘‘(c) The Coast Guard may provide a cash allowance,
19 in such amount as the Secretary shall determine by policy,
20 to be paid to pregnant officer personnel for the purchase
21 of maternity-related uniform items, if such uniform items
22 are not so furnished to the member by the Coast Guard.’’.
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1
SEC. 7230. ADDITIONAL AVAILABLE GUIDANCE AND CON-
2
SIDERATIONS
3
BOARDS.
4
FOR
RESERVE
SELECTION
Section 3740(f) of title 14, United States Code, is
5 amended by striking ‘‘section 2117’’ and inserting ‘‘sec6 tions 2115 and 2117’’.
7
8
SEC. 7231. BEHAVIORAL HEALTH.
(a)
COAST
GUARD
EMBEDDED
BEHAVIORAL
9 HEALTH TECHNICIAN PROGRAM.—
10
11
(1) ESTABLISHMENT.—
(A) IN
GENERAL.—Not
later than 270
12
days after the date of enactment of this Act,
13
the Commandant, in coordination with the As-
14
sistant Commandant for Health, Safety, and
15
Work Life, shall establish and conduct a pilot
16
program, to be known as the ‘‘Coast Guard
17
Embedded Behavioral Health Technician Pro-
18
gram’’ (referred to in this section as the ‘‘Pilot
19
Program’’), to integrate behavioral health tech-
20
nicians serving at Coast Guard units for the
21
purposes of—
22
(i) facilitating, at the clinic level, the
23
provision of integrated behavioral health
24
care for members of the Coast Guard;
25
(ii) providing, as a force extender
26
under the supervision of a licensed behav-
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1
ioral health care provider, at the clinic
2
level—
3
(I) psychological assessment and
4
diagnostic services, as appropriate;
5
(II) behavioral health services, as
6
appropriate;
7
(III) education and training re-
8
lated to promoting positive behavioral
9
health and well-being; and
10
(IV) information and resources,
11
including expedited referrals, to assist
12
members of the Coast Guard in deal-
13
ing with behavioral health concerns;
14
(iii) improving resilience and mental
15
health care among members of the Coast
16
Guard who respond to extraordinary calls
17
of duty, with the ultimate goals of pre-
18
venting
crises
19
health
concerns
20
evolve into more complex issues that re-
21
quire care at a military treatment facility;
22
and
addressing
before
such
mental
concerns
(iv) increasing—
23
(I) the number of such members
24
served by behavioral health techni-
25
cians; and
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1
(II) the proportion of such mem-
2
bers returning to duty after seeking
3
behavioral health care; and
4
(v) positively impacting the Coast
5
Guard in a cost-effective manner by ex-
6
tending behavioral health services to the
7
workforce and improving access to care.
8
(B) BRIEFING.—Not later than 120 days
9
after the date of enactment of this Act, the
10
Commandant shall provide the Committee on
11
Commerce, Science, and Transportation of the
12
Senate and the Committee on Transportation
13
and Infrastructure of the House of Representa-
14
tives with a briefing regarding a plan to estab-
15
lish and conduct the Pilot Program.
16
(2) SELECTION OF COAST GUARD CLINICS.—
17
The Commandant shall select, for participation in
18
the Pilot Program, 3 or more Coast Guard clinics
19
that support units that have significantly high oper-
20
ational tempos or other force resiliency risks, as de-
21
termined by the Commandant.
22
23
(3) PLACEMENT OF STAFF AT COAST GUARD
CLINICS.—
24
(A) IN GENERAL.—Under the Pilot Pro-
25
gram, a Coast Guard health services technician
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1
with a grade of E–5 or higher, or an assigned
2
civilian behavioral health specialist, shall be—
3
(i) assigned to each selected Coast
4
Guard clinic; and
5
(ii) located at a unit with high oper-
6
ational tempo.
7
(B) TRAINING.—
8
(i)
HEALTH
SERVICES
TECHNI-
9
CIANS.—Before
10
ment at a Coast Guard clinic under sub-
11
paragraph (A), a Coast Guard health serv-
12
ices technician shall complete behavioral
13
health technician training and independent
14
duty health services training.
commencing an assign-
15
(ii) CIVILIAN
16
SPECIALISTS.—To
17
ment at a Coast Guard clinic under sub-
18
paragraph (A), a civilian behavioral health
19
specialist shall have at least the equivalent
20
behavioral health training as the training
21
required for a Coast Guard behavioral
22
health technician under clause (i).
BEHAVIORAL
HEALTH
qualify for an assign-
23
(4) ADMINISTRATION.—The Commandant, in
24
coordination with the Assistant Commandant for
25
Health, Safety, and Work Life, shall administer the
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1
Pilot Program through the Health, Safety, and
2
Work-Life Service Center.
3
(5) DATA COLLECTION.—
4
(A) IN GENERAL.—The Commandant shall
5
collect and analyze data concerning the Pilot
6
Program for purposes of—
7
(i) developing and sharing best prac-
8
tices for improving access to behavioral
9
health care; and
10
(ii) providing information to the Com-
11
mittee on Commerce, Science, and Trans-
12
portation of the Senate and the Committee
13
on Transportation and Infrastructure of
14
the House of Representatives regarding the
15
implementation of the Pilot Program and
16
related policy issues.
17
(B) PLAN.—Not later than 270 days after
18
the date of enactment of this Act, the Com-
19
mandant shall submit to the Committee on
20
Commerce, Science, and Transportation of the
21
Senate and the Committee on Transportation
22
and Infrastructure of the House of Representa-
23
tives a plan for carrying out subparagraph (A).
24
(6) ANNUAL
25
REPORT.—Not
later than Sep-
tember 1 of each year until the date on which the
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1
Pilot Program terminates under paragraph (7), the
2
Commandant shall submit to the Committee on
3
Commerce, Science, and Transportation of the Sen-
4
ate and the Committee on Transportation and Infra-
5
structure of the House of Representatives a report
6
on the Pilot Program that includes the following:
7
(A) An overview of the implementation of
8
the Pilot Program at each applicable Coast
9
Guard clinic, including—
10
(i) the number of members of the
11
Coast Guard who received services on site
12
by a behavioral health technician assigned
13
to such clinic;
14
(ii) feedback from all members of the
15
Coast Guard empaneled for their medical
16
care under the Pilot Program;
17
(iii) an assessment of the deployability
18
and overall readiness of members of the
19
applicable operational unit; and
20
(iv) an estimate of potential costs and
21
impacts on other Coast Guard health care
22
services of supporting the Pilot Program at
23
such units and clinics.
24
(B) The data and analysis required under
25
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paragraph (5)(A).
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1
(C) A list and detailed description of les-
2
sons learned from the Pilot Program as of the
3
date of on which the report is submitted.
4
(D) The feasibility, estimated cost, and im-
5
pacts on other Coast Guard health care services
6
of expanding the Pilot Program to all Coast
7
Guard clinics, and a description of the per-
8
sonnel, fiscal, and administrative resources that
9
would be needed for such an expansion.
10
(7) TERMINATION.—The Pilot Program shall
11
terminate on September 30, 2028.
12
(b) BEHAVIORAL HEALTH SPECIALIST.—
13
(1) IN GENERAL.—Not later than 180 days
14
after the date of enactment of this Act, the Com-
15
mandant shall hire, train, and deploy not fewer than
16
5 additional behavioral health specialists, in addition
17
to the personnel required under section 11412(a) of
18
the Don Young Coast Guard Authorization Act of
19
2022 (14 U.S.C. 504 note).
20
(2) REQUIREMENT.—The Commandant shall
21
ensure that not fewer than 35 percent of behavioral
22
health specialists required to be deployed under
23
paragraph (1) have experience in—
24
25
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December 7, 2025 (12:02 p.m.)
(A) behavioral health care related to military sexual trauma; and
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1
(B) behavioral health care for the purpose
2
of supporting members of the Coast Guard with
3
needs for mental health care and counseling
4
services for post-traumatic stress disorder and
5
co-occurring disorders related to military sexual
6
trauma.
7
(3) ACCESSIBILITY.—The support provided by
8
the behavioral health specialists hired pursuant to
9
paragraph (1)—
10
11
12
(A) may include care delivered via telemedicine; and
(B) shall be made widely available to mem-
13
bers of the Coast Guard.
14
(4) NOTIFICATION.—
15
(A) IN
GENERAL.—Not
later than 180
16
days after the date of enactment of this Act,
17
the Commandant shall notify the Committee on
18
Commerce, Science, and Transportation of the
19
Senate and the Committee on Transportation
20
and Infrastructure of the House of Representa-
21
tives in writing if the Coast Guard has not com-
22
pleted hiring, training, and deploying—
23
24
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(i) the personnel referred to in paragraphs (1) and (2); and
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2380
1
(ii) the personnel required under sec-
2
tion 11412(a) of the Don Young Coast
3
Guard Authorization Act of 2022 (14
4
U.S.C. 504 note).
5
(B) CONTENTS.—The notification required
6
under subparagraph (A) shall include—
7
8
(i) the date of publication of the hiring opportunity for all such personnel;
9
(ii) the General Schedule grade level
10
advertised in the publication of the hiring
11
opportunity for all such personnel;
12
(iii) the number of personnel to whom
13
the Coast Guard extended an offer of em-
14
ployment in accordance with the require-
15
ments of this section and section 11412(a)
16
of the Don Young Coast Guard Authoriza-
17
tion Act of 2022 (14 U.S.C. 504 note),
18
and the number of such personnel who ac-
19
cepted or declined such offer of employ-
20
ment;
21
(iv) a summary of the efforts by the
22
Coast Guard to publicize, advertise, or oth-
23
erwise recruit qualified candidates in ac-
24
cordance with the requirements of this sec-
25
tion and section 11412(a) of such Act; and
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1
(v) any recommendations and a de-
2
tailed plan to ensure full compliance with
3
the requirements of this section and sec-
4
tion 11412(a) of such Act, which may in-
5
clude special payments discussed in the re-
6
port of the Government Accountability Of-
7
fice titled ‘‘Federal Pay: Opportunities
8
Exist to Enhance Strategic Use of Special
9
Payments’’, published on December 7,
10
2017 (GAO–18–91), which may be made
11
available to help ensure full compliance
12
with all such requirements in a timely
13
manner.
14
SEC. 7232. TRAVEL ALLOWANCE FOR MEMBERS OF COAST
15
GUARD ASSIGNED TO ALASKA.
16
(a) ESTABLISHMENT.—The Commandant shall im-
17 plement a policy that provides for reimbursement to eligi18 ble members of the Coast Guard for the cost of airfare
19 for such members to travel to a place within the United
20 States or the territories of the United States at the re21 quest of such member during the period specified in sub22 section (h).
23
(b) ELIGIBLE MEMBERS.—A member of the Coast
24 Guard is eligible for a reimbursement under subsection (a)
25 if—
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2
(1) the member is assigned to a duty location
in Alaska; and
3
(2) an officer in a grade above O–5 in the chain
4
of command of the member authorizes the travel of
5
the member.
6
(c) TREATMENT OF TIME AS LEAVE.—The time dur-
7 ing which an eligible member is absent from duty for trav8 el reimbursable under subsection (a) shall be treated as
9 leave for purposes of section 704 of title 10, United States
10 Code.
11
(d) RESTRICTION.—The Commandant shall not deny
12 reimbursement for travel authorized under subsection
13 (b)(2) to the respective member.
14
(e) JUSTIFICATION.—If a member requests to travel
15 to a place that is not the home of record, or state of legal
16 residence, of such member, the approving official under
17 subsection (b)(2) may require a justification of the request
18 by such member and shall not unreasonably deny such re19 quest.
20
(f) REIMBURSEMENT LIMITATION.—The rate of re-
21 imbursement for travel to a place that is not the member’s
22 home of record or state of legal residence shall be limited
23 to the cost of travel to the member’s home of record or
24 state of legal residence using the amounts determined by
25 the GSA City Pairs Program.
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(g) BRIEFING REQUIRED.—Not later than February
2 1, 2027, the Commandant shall provide to the Committee
3 on Commerce, Science, and Transportation of the Senate
4 and the Committee on Transportation and Infrastructure
5 of the House of Representatives a briefing on—
6
7
(1) the use and effectiveness of reimbursements
under subsection (a);
8
(2) the calculation and use of the cost of living
9
allowance for a member assigned to a duty location
10
in Alaska; and
11
(3) the use of special pays and other allowances
12
as incentives for cold weather proficiency or duty lo-
13
cations.
14
(h) PERIOD SPECIFIED.—The period specified in this
15 subsection is the period—
16
17
(1) beginning on the date of enactment of this
Act; and
18
(2) ending on the later of—
19
(A) December 31, 2029; or
20
(B) the date on which the authority under
21
section 352 of title 37, United States Code, to
22
grant assignment or special duty pay to mem-
23
bers of the uniform services terminates under
24
subsection (g) of such section.
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1
SEC. 7233. TUITION ASSISTANCE AND ADVANCED EDU-
2
CATION ASSISTANCE PILOT PROGRAM.
3
(a) ESTABLISHMENT.—Not later than 120 days after
4 the date of enactment of this Act, the Secretary of the
5 department in which the Coast Guard is operating, acting
6 through the Commandant, shall establish a tuition assist7 ance pilot program for active-duty members of the Coast
8 Guard, to be known as the ‘‘Tuition Assistance and Ad9 vanced Education Assistance Pilot Program for Sea
10 Duty’’ (referred to in this section as the ‘‘pilot program’’).
11
(b) FORMAL AGREEMENT.—A member of the Coast
12 Guard participating in the pilot program shall enter into
13 a formal agreement with the Secretary of the department
14 in which the Coast Guard is operating that provides that,
15 upon the successful completion of a sea duty tour by such
16 member and beginning on the date on which the sea duty
17 tour concludes, the Secretary of the department in which
18 the Coast Guard is operating shall—
19
(1) reduce by one half the service obligation in-
20
curred by such member as a result of participation
21
in the advanced education assistance program under
22
section 2005 of title 10, United States Code, or the
23
tuition assistance program under section 2007 of
24
such title; and
25
(2) for a period equal to the length of the sea
26
duty tour, increase the tuition assistance cost cap
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2385
1
for such member to not more than double the
2
amount of the standard tuition assistance cost cap
3
set by the Commandant for the applicable fiscal
4
year.
5
(c) REPORT.—Not later than 1 year after the date
6 on which the pilot program is established, and annually
7 thereafter through the date on which the pilot program
8 is terminated under subsection (d), the Commandant shall
9 submit to the Committee on Commerce, Science, and
10 Transportation of the Senate and the Committee on
11 Transportation and Infrastructure of the House of Rep12 resentatives a report that—
13
(1) evaluates and compares—
14
(A) the Coast Guard’s retention, recruit-
15
ment, and filling of sea duty billets for all mem-
16
bers of the Coast Guard; and
17
(B) the Coast Guard’s retention, recruit-
18
ment, and filling of sea duty billets for all mem-
19
bers of the Coast Guard participating in the
20
pilot program;
21
(2) includes the number of participants in the
22
pilot program as of the date of the report,
23
disaggregated by officer and enlisted billet type; and
24
(3) assesses the progress made by such partici-
25
pants in their respective voluntary education pro-
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2386
1
grams, in accordance with their degree plans, during
2
the period described in subsection (b).
3
(d) TERMINATION.—The pilot program shall termi-
4 nate on the date that is 6 years after the date on which
5 the pilot program is established.
6
SEC. 7234. RECRUITMENT, RELOCATION, AND RETENTION
7
INCENTIVE PROGRAM FOR CIVILIAN FIRE-
8
FIGHTERS EMPLOYED BY COAST GUARD RE-
9
MOTE LOCATIONS.
10
(a) IDENTIFICATION OF REMOTE LOCATIONS.—The
11 Commandant shall identify locations to be considered re12 mote locations for purposes of this section, which shall in13 clude, at a minimum, each Coast Guard fire station lo14 cated in an area in which members of the Coast Guard
15 and the dependents of such members are eligible for the
16 TRICARE Prime Remote program.
17
(b) INCENTIVE PROGRAM.—
18
(1) IN GENERAL.—To ensure uninterrupted op-
19
erations by civilian firefighters employed by the
20
Coast Guard in remote locations, the Commandant
21
shall establish an incentive program for such fire-
22
fighters consisting of—
23
(A) recruitment and relocation bonuses
24
consistent with section 5753 of title 5, United
25
States Code; and
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1
(B) retention bonuses consistent with sec-
2
tion 5754 of title 5, United States Code.
3
(2) ELIGIBILITY CRITERIA.—The Commandant,
4
in coordination with the Director of the Office of
5
Personnel and Management, shall establish eligibility
6
criteria for the incentive program established under
7
paragraph (1), which shall include a requirement
8
that a firefighter described in paragraph (1) may
9
only be eligible for the incentive program under this
10
section if, with respect to the applicable remote loca-
11
tion, the Commandant has made a determination
12
that incentives are appropriate to address an identi-
13
fied recruitment, retention, or relocation need.
14
(c) ANNUAL REPORT.—Not less frequently than an-
15 nually for the 5-year period beginning on the date of en16 actment of this Act, the Commandant shall submit to the
17 Committee on Commerce, Science, and Transportation
18 and the Committee on Homeland Security and Govern19 mental Affairs of the Senate and the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives a report that—
22
(1) details the use and effectiveness of the in-
23
centive program established under this section; and
24
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December 7, 2025 (12:02 p.m.)
(2) includes—
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2388
1
(A) the number of participants in the in-
2
centive program;
3
(B) a description of the distribution of in-
4
centives under such program; and
5
(C) a description of the impact of such
6
program on civilian firefighter recruitment and
7
retention by the Coast Guard in remote loca-
8
tions.
9
SEC. 7235. NOTIFICATION.
10
(a) IN GENERAL.—The Commandant shall provide to
11 the appropriate committees of Congress notification as de12 scribed in subsection (b)—
13
14
(1) not later than the date that is 10 days before the final day of each fiscal year; or
15
(2) in the case of a continuing resolution that,
16
for a period of more than 10 days, provides appro-
17
priated funds in lieu of an appropriations Act, not
18
later than the date that is 10 days before the final
19
day of the period that such continuing resolution
20
covers.
21
(b) ELEMENTS.—Notification under subsection (a)
22 shall include—
23
(1) the status of funding for the Coast Guard
24
during the subsequent fiscal year or at the end of
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2389
1
the continuing resolution if other appropriations
2
measures are not enacted, as applicable;
3
4
(2) the status of the Coast Guard as a component of the Armed Forces;
5
(3) the number of members currently serving
6
overseas and otherwise supporting missions related
7
to title 10, United States Code;
8
(4) the fact that members of the Armed Forces
9
have service requirements unlike those of other Fed-
10
eral employees, which require them to continue to
11
serve even if unpaid;
12
(5) the impacts of historical shutdowns of the
13
Federal Government on members of the Coast
14
Guard; and
15
(6) other relevant matters, as determined by
16
the Commandant.
17
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
18
FINED.—In this section, the term ‘‘appropriate commit-
19 tees of Congress’’ means—
20
21
(1) the Committee on Commerce, Science, and
Transportation of the Senate;
22
23
(2) the Committee on Armed Services of the
Senate;
24
25
(3) the Committee on Transportation and Infrastructure of the House of Representatives; and
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1
2
(4) the Committee on Armed Services of the
House of Representatives.
3
Subtitle D—Coast Guard Academy
4
SEC. 7241. MODIFICATION OF REPORTING REQUIREMENTS
5
ON COVERED MISCONDUCT IN COAST GUARD
6
ACADEMY;
7
FOR TRANSFER OF A CADET AT THE COAST
8
GUARD ACADEMY WHO IS THE VICTIM OF A
9
SEXUAL ASSAULT OR RELATED OFFENSE;
10
ROOM REASSIGNMENT.
CONSIDERATION
OF
REQUEST
11
(a) ASSESSMENT OF POLICY ON COVERED MIS-
12
CONDUCT.—Section 1902 of title 14, United States Code,
13 is amended—
14
(1) in the section heading by striking ‘‘Policy
15
on sexual harassment and sexual vio-
16
lence’’ and inserting ‘‘Academy policy and
17
report on covered misconduct’’; and
18
(2) by striking subsections (c) through (e) and
19
inserting the following:
20
‘‘(c) ASSESSMENT.—
21
‘‘(1) IN GENERAL.—The Commandant shall di-
22
rect the Superintendent of the Coast Guard Acad-
23
emy to conduct at the Coast Guard Academy during
24
each Academy program year an assessment to deter-
25
mine the effectiveness of the policies of the Academy
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1
with respect to covered misconduct involving cadets
2
or other military or civilian personnel of the Acad-
3
emy.
4
‘‘(2) BIENNIAL SURVEY.—For the assessment
5
at the Academy under paragraph (1) with respect to
6
an Academy program year that begins in an odd-
7
numbered calendar year, the Superintendent shall
8
conduct a survey of cadets and other military and ci-
9
vilian personnel of the Academy—
10
11
‘‘(A) to measure the incidence, during such
program year—
12
‘‘(i) of covered misconduct events, on
13
or off the Academy campus, that have been
14
reported to an official of the Academy;
15
‘‘(ii) of covered misconduct events, on
16
or off the Academy campus, that have not
17
been reported to an official of the Acad-
18
emy; and
19
‘‘(iii) of retaliation related to a report
20
of a covered misconduct event, on or off
21
the Academy campus; and
22
‘‘(B) to assess the perceptions of the ca-
23
dets and other military and civilian personnel of
24
the Academy with respect to—
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1
‘‘(i) the Academy’s policies, training,
2
and procedures on covered misconduct in-
3
volving cadets and other military and civil-
4
ian personnel of the Academy;
5
‘‘(ii) the enforcement of such policies;
6
‘‘(iii) the incidence of covered mis-
7
conduct involving cadets and other military
8
and civilian personnel of the Academy; and
9
‘‘(iv) any other issues relating to cov-
10
ered misconduct involving cadets and other
11
military and civilian personnel of the Acad-
12
emy.
13
‘‘(d) REPORT.—
14
‘‘(1) IN GENERAL.—Not earlier than 1 year
15
after the date of enactment of the Coast Guard Au-
16
thorization Act of 2025, and each March 1 there-
17
after through March 1, 2031, the Commandant shall
18
direct the Superintendent to submit to the Com-
19
mandant a report on incidents of covered misconduct
20
and retaliation for reporting of covered misconduct
21
involving cadets or other military and civilian per-
22
sonnel of the Academy.
23
‘‘(2) ELEMENTS.—
24
‘‘(A) IN GENERAL.—Each report required
25
under paragraph (1) shall include the following:
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1
‘‘(i) Information and data on all inci-
2
dents of covered misconduct and retaliation
3
described in paragraph (1) reported to the
4
Superintendent or any other official of the
5
Academy during the preceding Academy
6
program year (referred to in this sub-
7
section as a ‘reported incident’),
8
‘‘(ii) The number of reported incidents
9
committed against a cadet or any other
10
military or civilian personnel of the Acad-
11
emy.
12
‘‘(iii) The number of reported inci-
13
dents committed by a cadet or any other
14
military or civilian personnel of the Acad-
15
emy.
16
‘‘(iv) Information on reported inci-
17
dents, in accordance with the policy pre-
18
scribed under section 549G(b) of the Na-
19
tional Defense Authorization Act for Fiscal
20
Year 2022 (10 U.S.C. 1561 note), to the
21
maximum extent practicable.
22
‘‘(v) The number of reported incidents
23
that were entered into the Catch a Serial
24
Offender system, including the number of
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such incidents that resulted in the identi-
2
fication of a potential or confirmed match.
3
‘‘(vi) The number of reported inci-
4
dents that were substantiated (referred to
5
in this subsection as a ‘substantiated re-
6
ported incident’).
7
8
‘‘(vii) A synopsis of each substantiated reported incident that includes—
9
‘‘(I) a brief description of the na-
10
ture of the incident;
11
‘‘(II) whether the accused cadet
12
or other military or civilian personnel
13
of the Academy had previously been
14
convicted of sexual assault; and
15
‘‘(III) whether alcohol or other
16
controlled or prohibited substances
17
were involved in the incident, and a
18
description of the involvement.
19
‘‘(viii) The type of case disposition as-
20
sociated with each substantiated reported
21
incident, such as—
22
‘‘(I) conviction and sentence by
23
court-martial, including charges and
24
specifications for which convicted;
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1
‘‘(II) acquittal of all charges at
2
court-martial;
3
‘‘(III) as appropriate, imposition
4
of a nonjudicial punishment under
5
section 815 of title 10 (article 15 of
6
the Uniform Code of Military Jus-
7
tice);
8
‘‘(IV) as appropriate, administra-
9
tive action taken, including a descrip-
10
tion of each type of such action im-
11
posed;
12
‘‘(V) dismissal of all charges, in-
13
cluding a description of each reason
14
for dismissal and the stage at which
15
dismissal occurred; and
16
‘‘(VI) whether the accused cadet
17
or other military or civilian personnel
18
of the Academy was administratively
19
separated or, in the case of an officer,
20
allowed to resign in lieu of court mar-
21
tial, and the characterization (honor-
22
able, general, or other than honorable)
23
of the service of the military member
24
upon separation or resignation.
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1
‘‘(ix) With respect to any incident of
2
covered misconduct involving cadets or
3
other military and civilian personnel of the
4
Academy reported to the Superintendent
5
or any other official of the Academy during
6
the preceding Academy program year that
7
involves a report of retaliation relating to
8
the incident—
9
‘‘(I) a narrative description of
10
the retaliation claim;
11
‘‘(II) the nature of the relation-
12
ship between the complainant and the
13
individual accused of committing the
14
retaliation; and
15
‘‘(III) the nature of the relation-
16
ship between the individual accused of
17
committing the covered misconduct
18
and the individual accused of commit-
19
ting the retaliation.
20
‘‘(x) With respect to any investigation
21
of a reported incident—
22
‘‘(I) whether the investigation is
23
in open or completed status;
24
‘‘(II) an identification of the in-
25
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December 7, 2025 (12:02 p.m.)
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‘‘(III) whether a referral has
2
been made to outside law enforcement
3
entities;
4
‘‘(IV) in the case of an investiga-
5
tion that is complete, a description of
6
the results of such an investigation
7
and
8
whether the results of the investiga-
9
tion were provided to the complainant;
10
and
information
with
respect
to
11
‘‘(V) whether the investigation
12
substantiated an offense under chap-
13
ter 47 of title 10 (the Uniform Code
14
of Military Justice).
15
‘‘(B) FORMAT.—With respect to the infor-
16
mation and data required under subparagraph
17
(A), the Commandant shall report such infor-
18
mation and data separately for each type of
19
covered misconduct offense, and shall not ag-
20
gregate the information and data for multiple
21
types of covered misconduct offenses.
22
‘‘(3) TRENDS.—Subject to subsection (f), begin-
23
ning on the date of enactment of the Coast Guard
24
Authorization Act of 2025, each report required
25
under paragraph (1) shall include an analysis of
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trends in incidents described in paragraph (1), as
2
applicable, since the date of enactment of the Coast
3
Guard and Maritime Transportation Act of 2012
4
(Public Law 112–213).
5
‘‘(4) RESPONSE.—Each report required under
6
paragraph (1) shall include, for the preceding Acad-
7
emy program year, a description of the policies, pro-
8
cedures, processes, initiatives, investigations (includ-
9
ing overarching investigations), research, or studies
10
implemented by the Commandant in response to any
11
incident described in paragraph (1) involving a cadet
12
or any other military or civilian personnel of the
13
Academy.
14
‘‘(5) PLAN.—Each report required under para-
15
graph (1) shall include a plan for actions to be taken
16
during the year following the Academy program year
17
covered by the report to enhance the prevention of
18
and response to incidents of covered misconduct and
19
retaliation for reporting of covered misconduct in-
20
volving cadets or other military or civilian personnel
21
of the Academy.
22
‘‘(6) COVERED MISCONDUCT PREVENTION AND
23
RESPONSE ACTIVITIES.—Each report required under
24
paragraph (1) shall include an assessment of the
25
adequacy of covered misconduct prevention and re-
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sponse carried out by the Academy during the pre-
2
ceding Academy program year.
3
‘‘(7) CONTRIBUTING
FACTORS.—Each
report
4
required under paragraph (1) shall include, for inci-
5
dents of covered misconduct and retaliation for re-
6
porting of covered misconduct involving cadets or
7
other military or civilian personnel of the Acad-
8
emy—
9
‘‘(A) an analysis of the factors that may
10
have contributed to such incidents;
11
‘‘(B) an assessment of the role of such fac-
12
tors in contributing to such incidents during
13
such Academy program year; and
14
‘‘(C) recommendations for mechanisms to
15
eliminate or reduce such contributing factors.
16
‘‘(8) BIENNIAL SURVEY.—Each report under
17
paragraph (1) for an Academy program year that
18
begins in an odd-numbered calendar year shall in-
19
clude the results of the survey conducted under sub-
20
section (c)(2) in such Academy program year.
21
‘‘(9) FOCUS GROUPS.—For each Academy pro-
22
gram year with respect to which the Superintendent
23
is not required to conduct a survey at the Academy
24
under subsection (c)(2), the Commandant shall re-
25
quire focus groups to be conducted at the Academy
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for the purpose of ascertaining information relating
2
to covered misconduct issues at the Academy.
3
‘‘(10) SUBMISSION OF REPORT; BRIEFING.—
4
‘‘(A) SUBMISSION.—Not later than 270
5
days after the date on which the Commandant
6
receives a report from the Superintendent
7
under paragraph (1), the Commandant shall
8
submit
9
Science, and Transportation of the Senate and
10
the Committee on Transportation and Infra-
11
structure of the House of Representatives, as
12
an enclosure or appendix to the report required
13
by section 5112—
to
the
Committee
on
Commerce,
14
‘‘(i) the report of the Superintendent;
15
‘‘(ii) the comments of the Com-
16
mandant with respect to the report; and
17
‘‘(iii) relevant information gathered
18
during a focus group under subparagraph
19
(A) during the Academy program year cov-
20
ered by the report, as applicable.
21
‘‘(B) BRIEFING.—Not later than 180 days
22
after the date on which the Commandant sub-
23
mits a report under subparagraph (A), the
24
Commandant shall provide a briefing on the re-
25
port submitted under subparagraph (A) to—
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‘‘(i) the Committee on Commerce,
2
Science, and Transportation of the Senate
3
and the Committee on Transportation and
4
Infrastructure of the House of Representa-
5
tives; and
6
‘‘(ii) the Secretary of Homeland Secu-
7
8
rity.
‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that
9 information collected or reported under the authority of
10 this section, such information shall be provided in a form
11 that is consistent with applicable privacy protections under
12 Federal law and does not jeopardize the confidentiality of
13 victims.
14
‘‘(f) CONTINUITY OF DATA AND REPORTING.—In
15 carrying out this section, the Commandant shall ensure
16 the continuity of data collection and reporting such that
17 the ability to analyze trends is not compromised.
18
‘‘(g) CONSIDERATION OF REQUEST FOR TRANSFER
19
OF CADET WHO IS THE VICTIM OF SEXUAL ASSAULT OR
20 RELATED OFFENSE.—
21
‘‘(1) IN
GENERAL.—The
Commandant shall
22
provide for timely consideration of and action on a
23
request submitted by a cadet appointed to the Coast
24
Guard Academy who is the victim of an alleged sex-
25
ual assault or other offense covered by section 920,
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920c, or 930 of title 10 (article 120, 120c, or 130
2
of the Uniform Code of Military Justice) for transfer
3
to another military service academy or to enroll in
4
a Senior Reserve Officers’ Training Corps program
5
affiliated with another institution of higher edu-
6
cation.
7
‘‘(2) REGULATIONS.—The Commandant, in
8
consultation with the Secretary of Defense, shall es-
9
tablish policies to carry out this subsection that—
10
‘‘(A) provide that the Superintendent shall
11
ensure that any cadet who has been appointed
12
to the Coast Guard Academy is informed of the
13
right to request a transfer pursuant to this sub-
14
section, and that any formal request submitted
15
by a cadet who alleges an offense referred to in
16
paragraph (1) is processed as expeditiously as
17
practicable through the chain of command for
18
review and action by the Superintendent;
19
‘‘(B) direct the Superintendent, in coordi-
20
nation with the Superintendent of the military
21
service academy to which the cadet requests to
22
transfer—
23
‘‘(i) to take action on a request for
24
transfer under this subsection not later
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than 5 calendar days after receiving the
2
formal request from the cadet;
3
‘‘(ii) to approve such request for
4
transfer unless there are exceptional cir-
5
cumstances that require denial of the re-
6
quest;
7
‘‘(iii) upon approval of such request
8
for transfer, to take all necessary and ap-
9
propriate action to effectuate the transfer
10
of the cadet to the military service acad-
11
emy concerned as expeditiously as possible,
12
subject to the considerations described in
13
clause (iv); and
14
‘‘(iv) in determining the transfer date
15
of the cadet to the military service acad-
16
emy concerned, to take into account—
17
‘‘(I) the preferences of the cadet,
18
including any preference to delay
19
transfer until the completion of any
20
academic course in which the cadet is
21
enrolled at the time of the request for
22
transfer; and
23
‘‘(II) the well-being of the cadet;
24
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and
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‘‘(C) direct the Superintendent of the
2
Coast Guard Academy, in coordination with the
3
Secretary of the military department that spon-
4
sors the Senior Reserve Officers’ Training
5
Corps program at the institution of higher edu-
6
cation to which the cadet requests to transfer—
7
‘‘(i) to take action on a request for
8
transfer under this subsection not later
9
than 5 calendar days after receiving the
10
formal request from the cadet;
11
‘‘(ii) subject to the cadet’s acceptance
12
for admission to the institution of higher
13
education to which the cadet wishes to
14
transfer, to approve such request for trans-
15
fer
16
cumstances that require denial of the re-
17
quest;
unless
there
are
exceptional
cir-
18
‘‘(iii) to take all necessary and appro-
19
priate action to effectuate the cadet’s en-
20
rollment in the institution of higher edu-
21
cation to which the cadet wishes to trans-
22
fer and to process the cadet for participa-
23
tion in the relevant Senior Reserve Offi-
24
cers’ Training Corps program as expedi-
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1
tiously as possible, subject to the consider-
2
ations described in clause (iv); and
3
‘‘(iv) in determining the transfer date
4
of the cadet to the institution of higher
5
education to which the cadet wishes to
6
transfer, to take into account—
7
‘‘(I) the preferences of the cadet,
8
including any preference to delay
9
transfer until the completion of any
10
academic course in which the cadet is
11
enrolled at the time of the request for
12
transfer; and
13
‘‘(II) the well-being of the cadet.
14
‘‘(3) REVIEW.—If the Superintendent denies a
15
request for transfer under this subsection, the cadet
16
may request review of the denial by the Secretary,
17
who shall take action on such request for review not
18
later than 5 calendar days after receipt of such re-
19
quest.
20
‘‘(4) CONFIDENTIALITY.—The Secretary shall
21
ensure that all records of any request, determina-
22
tion, transfer, or other action under this subsection
23
remain confidential, consistent with applicable law
24
and regulation.
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‘‘(5) EFFECT OF OTHER LAW.—A cadet who
2
transfers under this subsection may retain the ca-
3
det’s appointment to the Coast Guard Academy or
4
may be appointed to the military service academy to
5
which the cadet transfers without regard to the limi-
6
tations and requirements set forth in sections 7442,
7
8454, and 9442 of title 10.
8
9
‘‘(6) COMMISSION AS OFFICER IN THE COAST
GUARD.—
10
‘‘(A) IN GENERAL.—Upon graduation, a
11
graduate of the United States Military Acad-
12
emy, the United States Air Force Academy, or
13
the United States Naval Academy who trans-
14
ferred to that academy under this subsection is
15
entitled to be accepted for appointment as a
16
permanent commissioned officer in the Regular
17
Coast Guard in the same manner as graduates
18
of the Coast Guard Academy, as set forth in
19
section 2101 of this title.
20
‘‘(B) COMMISSION AS OFFICER IN OTHER
21
ARMED FORCE.—
22
‘‘(i) IN
GENERAL.—A
cadet who
23
transfers under this subsection to the
24
United
25
United States Air Force Academy, or the
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States
Military
Academy,
the
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2407
1
United States Naval Academy and indi-
2
cates a preference pursuant to clause (ii)
3
may be appointed as a commissioned offi-
4
cer in an armed force associated with the
5
academy from which the cadet graduated.
6
‘‘(ii) STATEMENT OF PREFERENCE.—
7
A cadet seeking appointment as a commis-
8
sioned officer in an armed force associated
9
with the academy from which the cadet
10
graduated under clause (i) shall, before
11
graduating from that academy, indicate to
12
the Commandant that the cadet has a
13
preference for appointment to that armed
14
force.
15
‘‘(iii)
CONSIDERATION
BY
COAST
16
GUARD.—The Commandant shall consider
17
a preference of a cadet indicated pursuant
18
to clause (ii), but may require the cadet to
19
serve as a permanent commissioned officer
20
in the Regular Coast Guard instead of
21
being appointed as a commissioned officer
22
in an armed force associated with the
23
academy from which the cadet graduated.
24
25
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‘‘(iv)
TREATMENT
AGREEMENT.—With
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OF
SERVICE
respect to a service
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2408
1
agreement entered into under section 1925
2
of this title by a cadet who transfers under
3
this subsection to the United States Mili-
4
tary Academy, the United States Air Force
5
Academy, or the United States Naval
6
Academy and is appointed as a commis-
7
sioned officer in an armed force associated
8
with that academy, the service obligation
9
undertaken under such agreement shall be
10
considered to be satisfied upon the comple-
11
tion of 5 years of active duty service in the
12
service of such armed force.
13
‘‘(C) SENIOR RESERVE OFFICERS’ TRAIN-
14
ING CORPS PROGRAM.—A
15
under this subsection to a Senior Reserve Offi-
16
cers’ Training Corps program affiliated with
17
another institution of higher education is enti-
18
tled upon graduation from the Senior Reserve
19
Officers’ Training program to commission into
20
the Coast Guard, as set forth in section 3738a
21
of this title.
22
cadet who transfers
‘‘(h) ROOM REASSIGNMENT.—Coast Guard Academy
23 cadets may request room reassignment if experiencing dis24 comfort due to Coast Guard Academy rooming assign25 ments, consistent with policy.’’.
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(b) CLERICAL AMENDMENTS.—The analysis for
2 chapter 19 of title 14, United States Code, is amended
3 by striking the item relating to section 1902 and inserting
4 the following:
‘‘1902. Academy policy and report on covered misconduct.’’.
5
6
SEC. 7242. MODIFICATION OF BOARD OF VISITORS.
Section 1903 of title 14, United States Code, is
7 amended—
8
(1) by striking subsections (b) and (c) and in-
9
serting the following:
10
‘‘(b) MEMBERSHIP.—
11
12
‘‘(1) IN
GENERAL.—The
membership of the
Board shall consist of the following:
13
‘‘(A) The chairperson of the Committee on
14
Commerce, Science, and Transportation of the
15
Senate, or a member of such Committee des-
16
ignated by such chairperson.
17
‘‘(B) The chairperson of the Committee on
18
Transportation and Infrastructure of the House
19
of Representatives, or a member of such Com-
20
mittee designated by such chairperson.
21
22
‘‘(C) 3 Senators appointed by the Vice
President.
23
‘‘(D) 4 Members of the House of Rep-
24
resentatives appointed by the Speaker of the
25
House of Representatives.
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‘‘(E) 2 Senators appointed by the Vice
2
President, each of whom shall be selected from
3
among members of the Committee on Appro-
4
priations of the Senate.
5
‘‘(F) 2 Members of the House of Rep-
6
resentatives appointed by the Speaker of the
7
House of Representatives, each of whom shall
8
be selected from among members of the Com-
9
mittee on Appropriations of the House of Rep-
10
resentatives.
11
‘‘(G) 6 individuals designated by the Presi-
12
dent.
13
‘‘(2) TIMING
14
OF
APPOINTMENTS
OF
MEM-
BERS.—
15
‘‘(A) SENATORS.—If any member of the
16
Board described in paragraph (1)(C) is not ap-
17
pointed by the date that is 180 days after the
18
date on which the first session of each Congress
19
convenes, the chair and ranking member of the
20
subcommittee of the Committee on Commerce,
21
Science, and Transportation of the Senate with
22
jurisdiction over the authorization of appropria-
23
tions of the Coast Guard shall be members of
24
the Board until the date on which the second
25
session of such Congress adjourns sine die.
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‘‘(B) MEMBERS OF THE HOUSE OF REP-
2
RESENTATIVES.—If any member of the Board
3
described in paragraph (1)(D) is not appointed
4
by the date that is 180 days after the date on
5
which the first session of each Congress con-
6
venes, the chair and ranking member of the
7
subcommittee of the Committee on Transpor-
8
tation and Infrastructure of the House of Rep-
9
resentatives with jurisdiction over the author-
10
ization of appropriations for the Coast Guard
11
shall be members of the Board until the date on
12
which the second session of such Congress ad-
13
journs sine die.
14
‘‘(C) MEMBERS OF THE COMMITTEE ON
15
APPROPRIATIONS
16
member of the Board described in paragraph
17
(1)(E) is not appointed by the date that is 180
18
days after the date on which the first session of
19
each Congress convenes, the chair and ranking
20
member of the subcommittee of the Committee
21
on Appropriations of the Senate with jurisdic-
22
tion over appropriations for the Coast Guard
23
shall be members of the Board until the date on
24
which the second session of such Congress ad-
25
journs sine die.
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OF
THE
SENATE.—If
any
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2412
1
‘‘(D) MEMBERS OF THE COMMITTEE ON
2
APPROPRIATIONS
3
RESENTATIVES.—If any member of the Board
4
described in paragraph (1)(F) is not appointed
5
by the date that is 180 days after the date on
6
which the first session of each Congress con-
7
venes, the chair and ranking member of the
8
subcommittee of the Committee on Appropria-
9
tions of the House of Representatives with ju-
10
risdiction over appropriations for the Coast
11
Guard shall be members of the Board until the
12
date on which the second session of such Con-
13
gress adjourns sine die.
14
‘‘(3) CHAIRPERSON.—
OF
THE
HOUSE
OF
REP-
15
‘‘(A) IN GENERAL.—On a biennial basis
16
and subject to paragraph (4), the Board shall
17
select from among the members of the Board a
18
Member of Congress to serve as the Chair of
19
the Board.
20
‘‘(B) ROTATION.—A Member of the House
21
of Representatives and a Member of the Senate
22
shall alternately be selected as the Chair of the
23
Board.
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‘‘(C) TERM.—An individual may not serve
2
as Chairperson of the Board for consecutive
3
terms.
4
‘‘(4) LENGTH OF SERVICE.—
5
‘‘(A) MEMBERS OF CONGRESS.—A Member
6
of Congress designated as a member of the
7
Board under paragraph (1) shall be designated
8
as a member in the first session of the applica-
9
ble Congress and shall serve for the duration of
10
such Congress.
11
‘‘(B) INDIVIDUALS DESIGNATED BY THE
12
PRESIDENT.—Each individual designated by the
13
President under paragraph (1)(G) shall serve as
14
a member of the Board for 3 years, except that
15
any such member whose term of office has ex-
16
pired shall continue to serve until a successor is
17
appointed by the President.
18
‘‘(C) DEATH OR RESIGNATION OF A MEM-
19
BER.—If
20
signs, a successor shall be designated for any
21
unexpired portion of the term of the member by
22
the official who designated the member.
23
a member of the Board dies or re-
‘‘(c) ACADEMY VISITS.—
24
‘‘(1) ANNUAL VISIT.—The Commandant shall
25
invite each member of the Board, and any staff des-
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2414
1
ignated under subsection (e)(2)(A), to visit the
2
Coast Guard Academy at least once annually to re-
3
view the operation of the Academy.
4
‘‘(2) ADDITIONAL VISITS.—With the approval
5
of the Secretary, the Board or any members of the
6
Board in connection with the duties of the Board
7
may—
8
‘‘(A) make visits to the Academy in addi-
9
tion to the visits described in paragraph (1); or
10
‘‘(B) consult with—
11
‘‘(i) the Superintendent of the Acad-
12
emy; or
13
‘‘(ii) the faculty, staff, or cadets of the
14
Academy.
15
‘‘(3) ACCESS.—The Commandant shall ensure
16
that the Board or any members of the Board who
17
visits the Academy under this paragraph is provided
18
reasonable access to the grounds, facilities, cadets,
19
faculty, staff, and other personnel of the Academy
20
for the purpose of carrying out the duties of the
21
Board.’’;
22
(2) in subsection (d)—
23
(A) in paragraph (1) by inserting ‘‘, in-
24
cluding with respect to prevention of, response
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1
to, and recovery from sexual assault and sexual
2
harassment’’ after ‘‘discipline’’; and
3
(B) in paragraph (5) by inserting ‘‘, in-
4
cluding infrastructure, living quarters, and de-
5
ferred maintenance’’ after ‘‘equipment’’; and
6
(3) by striking subsections (e) through (g) and
7
inserting the following:
8
‘‘(e) ADMINISTRATIVE MATTERS.—
9
‘‘(1) MEETINGS.—
10
‘‘(A) IN
GENERAL.—Not
less frequently
11
than annually, the Board shall meet at a loca-
12
tion chosen by the Commandant, in consulta-
13
tion with the Board, to conduct the review re-
14
quired by subsection (d).
15
‘‘(B) CHAIRPERSON AND CHARTER.—The
16
Federal officer designated under subsection
17
(g)(1)(B) shall organize a meeting of the Board
18
for the purposes of—
19
20
‘‘(i) selecting a Chairperson of the
Board under subsection (b)(3);
21
‘‘(ii) adopting an official charter for
22
the Board, which shall establish the sched-
23
ule of meetings of the Board; and
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‘‘(iii) any other matter such des-
2
ignated Federal officer or the Board con-
3
siders appropriate.
4
‘‘(C) SCHEDULING.—In scheduling a meet-
5
ing of the Board, such designated Federal offi-
6
cer shall coordinate, to the greatest extent prac-
7
ticable, with the members of the Board to de-
8
termine the date and time of the meeting.
9
‘‘(D) NOTIFICATION.—Not less than 30
10
days before each scheduled meeting of the
11
Board, such designated Federal officer shall no-
12
tify each member of the Board of the time,
13
date, and location of the meeting.
14
‘‘(2) STAFF.—
15
‘‘(A) DESIGNATION.—The chairperson and
16
the ranking member of the Committee on Com-
17
merce, Science, and Transportation of the Sen-
18
ate and the chairperson and the ranking mem-
19
ber of the Committee on Transportation and
20
Infrastructure of the House of Representatives
21
may each designate 1 staff member of each
22
such Committees.
23
24
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‘‘(B) ROLE.—Staff designated under subparagraph (A)—
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2417
1
‘‘(i) may attend and participate in vis-
2
its and carry out consultations described
3
under subsection (c)(1) and attend and
4
participate in meetings described under
5
paragraph (1); and
6
‘‘(ii) may not otherwise carry out du-
7
ties or take actions reserved to members of
8
the Board under this section.
9
‘‘(3) ADVISORS.—If approved by the Secretary,
10
the Board may consult with advisors in carrying out
11
the duties of the Board under this section.
12
‘‘(4) REPORTS.—
13
‘‘(A) IN
GENERAL.—Not
later than 60
14
days after the date on which the Board con-
15
ducts a meeting of the Board under paragraph
16
(1), the Commandant, in consultation with the
17
Board, shall submit a report on the actions of
18
the Board during the meeting and the rec-
19
ommendations of the Board pertaining to the
20
Academy to—
21
‘‘(i) the Secretary;
22
‘‘(ii) the Committee on Commerce,
23
Science, and Transportation and the Com-
24
mittee on Armed Services of the Senate;
25
and
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1
‘‘(iii) the Committee on Transpor-
2
tation and Infrastructure and the Com-
3
mittee on Armed Services of the House of
4
Representatives.
5
‘‘(B) PUBLICATION.—Each report sub-
6
mitted under this paragraph shall be published
7
on a publicly accessible website of the Coast
8
Guard.
9
‘‘(f) DISCLOSURE.—The Commandant and the Su-
10 perintendent of the Academy shall ensure candid and com11 plete disclosure to the Board, consistent with applicable
12 laws relating to disclosure of information, with respect
13 to—
14
‘‘(1) each issue described in subsection (d); and
15
‘‘(2) any other issue the Board or the Com-
16
mandant considers appropriate.
17
‘‘(g) COAST GUARD SUPPORT.—
18
‘‘(1) IN GENERAL.—The Commandant shall—
19
‘‘(A) provide support to the Board, as
20
Board considers necessary for the performance
21
of the duties of the Board;
22
‘‘(B) designate a Federal officer to support
23
the performance of the duties of the Board; and
24
‘‘(C) in cooperation with the Super-
25
intendent of the Academy, advise the Board of
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1
any institutional issues, consistent with applica-
2
ble laws concerning the disclosure of informa-
3
tion.
4
‘‘(2) REIMBURSEMENT.—Each member of the
5
Board and each advisor consulted by the Board
6
under subsection (e)(3) shall be reimbursed, to the
7
extent permitted by law, by the Coast Guard for ac-
8
tual expenses incurred while engaged in duties as a
9
member or advisor.
10
‘‘(h) NOTIFICATION.—Not later than 30 days after
11 the date on which the first session of each Congress con12 venes, the Commandant shall provide to the chairperson
13 and ranking member of the Committee on Commerce,
14 Science, and Transportation of the Senate and the chair15 person and ranking member of the Committee on Trans16 portation and Infrastructure of the House of Representa17 tives, and the President notification of the requirements
18 of this section.’’.
19
SEC. 7243. COAST GUARD ACADEMY CADET ADVISORY
20
21
BOARD.
(a) IN GENERAL.—Subchapter I of Chapter 19 of
22 title 14, United States Code, is amended by adding at the
23 end the following:
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1 ‘‘§ 1907. Coast Guard Academy Cadet Advisory Board
2
‘‘(a) ESTABLISHMENT.—The Commandant shall es-
3 tablish within the Coast Guard Academy an advisory
4 board to be known as the ‘Coast Guard Academy Cadet
5 Advisory Board’ (in this section referred to as the ‘Advi6 sory Board’).
7
‘‘(b) MEMBERSHIP.—The Advisory Board shall be
8 composed of not fewer than 12 cadets of the Coast Guard
9 Academy who are enrolled at the Coast Guard Academy
10 at the time of appointment, including not fewer than 3
11 cadets from each class.
12
‘‘(c) APPOINTMENT.—
13
‘‘(1) IN GENERAL.—Cadets shall be appointed
14
to the Advisory Board by the Provost, in consulta-
15
tion with the Superintendent of the Coast Guard
16
Academy.
17
‘‘(2) APPLICATION.—Cadets who are eligible for
18
appointment to the Advisory Board shall submit an
19
application for appointment to the Provost of the
20
Coast Guard Academy, or a designee of the Provost,
21
for consideration.
22
‘‘(d) SELECTION.—The Provost shall select eligible
23 applicants who—
24
25
‘‘(1) are best suited to fulfill the duties described in subsection (g); and
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1
‘‘(2) best represent the student body makeup at
2
the Coast Guard Academy.
3
‘‘(e) TERM.—
4
‘‘(1) IN
GENERAL.—Appointments
shall be
5
made not later than 60 days after the date of the
6
swearing in of a new class of cadets at the Coast
7
Guard Academy.
8
‘‘(2) TERM.—The term of membership of a
9
cadet on the Advisory Board shall be 1 academic
10
year.
11
‘‘(f) MEETINGS.—The Advisory Board shall meet in
12 person with the Superintendent not less frequently than
13 twice each academic year to discuss the activities of the
14 Advisory Board.
15
‘‘(g) DUTIES.—The Advisory Board shall—
16
17
‘‘(1) identify challenges facing Coast Guard
Academy cadets relating to—
18
‘‘(A) health and wellbeing;
19
‘‘(B) cadet perspectives and information
20
with respect to sexual assault, sexual harass-
21
ment and sexual violence prevention, response,
22
and recovery at the Coast Guard Academy; and
23
‘‘(C) any other matter the Advisory Board
24
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1
‘‘(2) discuss and propose possible solutions to
2
such challenges, including improvements to leader-
3
ship development at the Coast Guard Academy; and
4
‘‘(3) periodically review the efficacy of Coast
5
Guard Academy academic, wellness, and other rel-
6
evant programs and provide recommendations to the
7
Commandant for improvement of such programs.
8
‘‘(h) WORKING GROUPS.—
9
‘‘(1) IN GENERAL.—The Advisory Board shall
10
establish a working group composed, at least in part,
11
of Coast Guard Academy cadets who are not current
12
members of the Advisory Board and members of the
13
Cadets Against Sexual Assault, or any similar suc-
14
cessor organization, to assist the Advisory Board in
15
carrying out the duties described in subsection
16
(g)(1)(B).
17
‘‘(2) OTHER WORKING GROUPS.—The Advisory
18
Board may establish such other working groups
19
(which may be composed, at least in part, of Coast
20
Guard Academy cadets who are not current mem-
21
bers of the Advisory Board) as the Advisory Board
22
finds to be necessary to carry out duties of the
23
Board, other than the duties described in subpara-
24
graph (A) or (C) of subsection (g)(1).
25
‘‘(i) REPORTING.—
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1
‘‘(1) COMMANDANT AND SUPERINTENDENT.—
2
Not less frequently than once per academic semes-
3
ter, the Advisory Board shall submit a report or pro-
4
vide a briefing to the Commandant and the Super-
5
intendent on the results of the activities carried out
6
in furtherance of the duties of the Advisory Board
7
described in subsection (g), including recommenda-
8
tions for actions to be taken based on such results.
9
‘‘(2) ANNUAL REPORT.—The Advisory Board
10
shall transmit to the Commandant, through the Pro-
11
vost and the Superintendent, an annual report at
12
the conclusion of each academic year, containing the
13
information and materials presented to the Com-
14
mandant, Superintendent, or both, during each brief
15
provided during such academic year.
16
‘‘(3) CONGRESS.—Not later than 30 days after
17
the receipt by the Commandant of a report under
18
this subsection, the Commandant shall provide to
19
the Committee on Commerce, Science, and Trans-
20
portation of the Senate and the Committee on
21
Transportation and Infrastructure of the House of
22
Representatives any report or other materials pro-
23
vided to the Commandant and Superintendent under
24
paragraph (1) and any other information related to
25
the Advisory Board requested by the Committees.’’.
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1
(b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 19 of title 14, United States Code, is amended by in3 serting after the item relating to section 1906 the fol4 lowing:
‘‘1907. Coast Guard Academy Cadet Advisory Board.’’.
5
SEC. 7244. AUTHORIZATION FOR USE OF COAST GUARD
6
ACADEMY FACILITIES AND EQUIPMENT BY
7
COVERED FOUNDATIONS.
8
(a) IN GENERAL.—Subchapter I of chapter 19 of title
9 14, United States Code, is further amended by adding at
10 the end the following:
11 ‘‘§ 1908. Authorization for use of Coast Guard Acad12
emy facilities and equipment by covered
13
foundations
14
‘‘(a) AUTHORITY.—Subject to subsections (b) and
15 (c), the Secretary, with the concurrence of the Super16 intendent of the Coast Guard Academy, may authorize a
17 covered foundation to use, on a reimbursable or nonreim18 bursable basis as determined by the Secretary, facilities
19 or equipment of the Coast Guard Academy.
20
‘‘(b) PROHIBITION.—The Secretary may not author-
21 ize any use of facilities or equipment under subsection (a)
22 if such use may jeopardize the health, safety, or well-being
23 of any member of the Coast Guard or cadet of the Coast
24 Guard Academy.
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1
‘‘(c) LIMITATIONS.—The Secretary may only author-
2 ize the use of facilities or equipment under subsection (a)
3 if such use—
4
5
‘‘(1) is without any liability of the United
States to the covered foundation;
6
‘‘(2) does not—
7
‘‘(A) affect the ability of any official or
8
employee of the Coast Guard, or any member of
9
the armed forces, to carry out any responsibility
10
or duty in a fair and objective manner;
11
‘‘(B) compromise the integrity or appear-
12
ance of integrity of any program of the Coast
13
Guard, or any individual involved in any such
14
program; or
15
‘‘(C) include the participation of any cadet
16
of the Coast Guard Academy at an event of the
17
covered foundation, other than participation of
18
such a cadet in an honor guard;
19
‘‘(3) complies with any applicable ethics regula-
20
tion; and
21
‘‘(4) has been reviewed and approved by an at-
22
torney of the Coast Guard.
23
‘‘(d) ISSUANCE OF POLICIES.—The Secretary shall
24 issue Coast Guard policies to carry out this section.
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1
‘‘(e) BRIEFING.—For any fiscal year in which the
2 Secretary exercises the authority under subsection (a), not
3 later than the last day of such fiscal year, the Com4 mandant shall provide a briefing to the Committee on
5 Commerce, Science, and Transportation of the Senate and
6 the Committee on Transportation and Infrastructure of
7 the House of Representatives on the number of events or
8 activities of a covered foundation supported by such exer9 cise of authority during the fiscal year.
10
‘‘(f) COVERED FOUNDATION DEFINED.—In this sec-
11 tion, the term ‘covered foundation’ means an organization
12 that—
13
‘‘(1) is a charitable, educational, or civic non-
14
profit organization under section 501(c)(3) of the
15
Internal Revenue Code of 1986; and
16
17
‘‘(2) the Secretary determines operates exclusively to support—
18
19
20
21
22
23
24
25
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‘‘(A) recruiting activities with respect to
the Coast Guard Academy;
‘‘(B) parent or alumni development in support of the Coast Guard Academy;
‘‘(C) academic, leadership, or character development of Coast Guard Academy cadets;
‘‘(D) institutional development of the
Coast Guard Academy; or
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1
‘‘(E) athletics in support of the Coast
2
3
Guard Academy.’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-
4 ter 19 of title 14, United States Code, is further amended
5 by inserting after the item relating to section 1907 the
6 following:
‘‘1908. Authorization for use of Coast Guard Academy facilities and equipment
by covered foundations.’’.
7
8
SEC. 7245. POLICY ON HAZING.
(a) IN GENERAL.—Subchapter I of chapter 19 of title
9 14, United States Code, is amended by adding at the end
10 the following:
11 ‘‘§ 1909. Policy on hazing
12
‘‘(a) IN GENERAL.—Subject to the approval of the
13 Commandant, the Superintendent of the Academy shall
14 issue and make available to the public written policies—
15
‘‘(1) subject to subsection (d), defining hazing;
16
‘‘(2) designed to prevent hazing; and
17
‘‘(3) prescribing dismissal, suspension, or other
18
adequate punishment for violations.
19
‘‘(b) EFFECT OF REQUEST FOR COURT-MARTIAL.—
20 If a cadet who is charged with violating a policy issued
21 under subsection (a), the penalty for which is or may be
22 dismissal from the Academy, requests in writing a trial
23 by a general court-martial, the cadet may not be dismissed
24 for that offense except under sentence of such a court.
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1
‘‘(c) LIMITATION.—A cadet dismissed from the Acad-
2 emy for hazing or bullying may not be reappointed to the
3 Corps of Cadets, and is ineligible for appointment as com4 missioned officer in a regular component of the Coast
5 Guard, until the date that is 2 years after the date of
6 the graduation of the class of the cadet.
7
‘‘(d) DEFINITION OF HAZING.—In developing the
8 policies under subsection (a)(1), the Superintendent shall,
9 to the maximum extent practicable, define the term ‘haz10 ing’ as the unauthorized assumption of authority by a
11 cadet whereby another cadet suffers or is exposed to any
12 cruelty, indignity, humiliation, hardship, or oppression, or
13 the deprivation or abridgement of any right.’’.
14
(b) CLERICAL AMENDMENT.—The analysis for chap-
15 ter 19 of title 14, United States Code, is further amended
16 by inserting after the item relating to section 1908 the
17 following:
‘‘1909. Policy on hazing.’’.
18
SEC. 7246. CONCURRENT JURISDICTION AT COAST GUARD
19
20
ACADEMY.
(a) IN GENERAL.—Subchapter I of chapter 19 of title
21 14, United States Code, is further amended by adding at
22 the end the following:
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1 ‘‘§ 1910. Concurrent jurisdiction at Coast Guard
2
3
Academy
‘‘Notwithstanding any other provision of law, the Sec-
4 retary of the department in which the Coast Guard is op5 erating may establish concurrent jurisdiction between the
6 Federal Government and the State of Connecticut over the
7 lands constituting the Coast Guard Academy in New Lon8 don, Connecticut, as necessary to facilitate the ability of
9 the State of Connecticut and City of New London to inves10 tigate and prosecute any crimes cognizable under Con11 necticut law that are committed on such Coast Guard
12 Academy property.’’.
13
(b) CLERICAL AMENDMENT.—The analysis for chap-
14 ter 19 of title 14, United States Code, is further amended
15 by inserting after the item relating to section 1909 the
16 following:
‘‘1910. Concurrent jurisdiction at Coast Guard Academy.’’.
17
SEC. 7247. STUDY ON COAST GUARD ACADEMY OVERSIGHT.
18
(a) IN GENERAL.—Not later than 30 days after the
19 date of enactment of this Act, the Commandant, shall
20 enter into an agreement with a federally funded research
21 and development center with relevant expertise under
22 which such center shall conduct an assessment of the over23 sight and governance of the Coast Guard Academy, includ24 ing—
25
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2430
1
(A) authorities regarding Coast Guard and
2
Departmental oversight of the Coast Guard
3
Academy, including considerations of how these
4
may impact accreditation review at the Acad-
5
emy;
6
(B) roles and responsibilities of the Board
7
of Trustees of such Academy;
8
(C) Coast Guard roles and responsibilities
9
with respect to management and facilitation of
10
the Board of Trustees of such Academy;
11
(D) advisory functions of the Board of
12
Trustees of such Academy; and
13
(E) membership of the Board of Trustees
14
for the 10- year period preceding the date of
15
the enactment of this Act, to include expertise,
16
objectiveness, and effectiveness in conducting
17
oversight of such Academy; and
18
(2) an analysis of the involvement of the Board
19
of Trustees during the Operation Fouled Anchor in-
20
vestigation, including to what extent the Board
21
members were informed, involved, or made decisions
22
regarding the governance of the academy based on
23
that investigation.
24
(b) REPORT.—Not later than 1 year after the date
25 on which the Commandant enters into an agreement
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1 under subsection (a), the federally funded research and
2 development center selected under such subsection shall
3 submit to the Secretary of the department in which the
4 Coast Guard is operating, the Commandant, the Com5 mittee on Commerce, Science, and Transportation of the
6 Senate, and the Committee on Transportation and Infra7 structure of the House of Representatives a report that
8 contains—
9
10
(1) the results of the assessment required under
subsection (a); and
11
(2) recommendations to improve governance of
12
the Coast Guard Academy and the Board of Trust-
13
ees.
14
SEC. 7248. ELECTRONIC LOCKING MECHANISMS TO EN-
15
SURE COAST GUARD ACADEMY CADET ROOM
16
SECURITY.
17
(a) IN GENERAL.—Not later than 2 years after the
18 date of enactment of this Act, the Commandant, in con19 sultation with the Superintendent of the Coast Guard
20 Academy (referred to in this section as the ‘‘Super21 intendent’’), shall—
22
(1) install an electronic locking mechanism for
23
each room at the Coast Guard Academy within
24
which 1 or more Coast Guard Academy cadets reside
25
overnight;
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1
(2) test each such mechanism not less than
2
once every 6 months for proper function and main-
3
tained in proper working order; and
4
(3) use a system that electronically records the
5
date, time, and identity of each individual who ac-
6
cesses a cadet room using an electronic access token,
7
code, card, or other electronic means, which shall be
8
maintained in accordance with the general schedule
9
for records retention, or a period of five years,
10
whichever is later.
11
(b) ELECTRONIC LOCKING MECHANISMS.—
12
(1) IN
GENERAL.—Each
electronic locking
13
mechanism described in subsection (a) shall be coded
14
in a manner that provides access to a room de-
15
scribed in such subsection only to—
16
(A) the 1 or more cadets assigned to the
17
room; and
18
(B) such Coast Guard Academy officers,
19
administrators, staff, or security personnel, in-
20
cluding personnel of the Coast Guard Investiga-
21
tive Service, as are necessary to access the
22
room in the event of an emergency.
23
(2) EXISTING MECHANISMS.—Not later than 30
24
days after the date of enactment of this Act, the Su-
25
perintendent shall ensure that electronic locking
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1
mechanisms installed in academic buildings of the
2
Coast Guard Academy, Chase Hall common spaces,
3
and in any other location at the Coast Guard Acad-
4
emy are maintained in proper working order.
5
(c) ACCESS POLICY INSTRUCTION.—Not later than
6 1 year after the date of enactment of this Act, the Super7 intendent shall promulgate a policy regarding cadet room
8 security policies and procedures, which shall include, at
9 a minimum—
10
(1) a prohibition on sharing with any other
11
cadet, employee, or other individual electronic access
12
tokens, codes, cards, or other electronic means of ac-
13
cessing a cadet room;
14
(2) procedures for resetting electronic locking
15
mechanisms in the event of a lost, stolen, or other-
16
wise compromised electronic access token, code,
17
card, or other electronic means of accessing a cadet
18
room;
19
(3) procedures to maintain the identity of each
20
individual who accesses a cadet room using an elec-
21
tronic access token, code, card, or other electronic
22
means, while ensuring the security of personally
23
identifiable information and protecting the privacy of
24
any such individual, as appropriate;
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1
(4) procedures by which cadets may report to
2
the chain of command the malfunction of an elec-
3
tronic locking mechanism; and
4
(5) a schedule of testing to ensure the proper
5
functioning of electronic locking mechanisms.
6
(d) MINIMUM TRAINING REQUIREMENTS.—The Su-
7 perintendent shall ensure that each Coast Guard Academy
8 cadet receives, not later than 1 day after the date of the
9 initial arrival of the cadet at the Coast Guard Academy,
10 an initial training session, and any other training the Su11 perintendent considers necessary, on—
12
13
(1) the use of electronic locking mechanisms installed under this section; and
14
(2) the policy promulgated under subsection (c).
15
SEC. 7249. REPORT ON EXISTING BEHAVIORAL HEALTH
16
AND WELLNESS SUPPORT SERVICES FACILI-
17
TIES AT COAST GUARD ACADEMY.
18
(a) IN GENERAL.—Not later than 120 days after the
19 date of enactment of this Act, the Commandant, shall sub20 mit to the Committee on Commerce, Science, and Trans21 portation of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representatives
23 a report on existing behavioral health and wellness support
24 services facilities at the Coast Guard Academy in which
25 Coast Guard Academy cadets and officer candidates, re-
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1 spectively, may receive timely and independent behavioral
2 health and wellness support services, including via tele3 medicine.
4
(b) ELEMENTS.—The report required under para-
5 graph (1) shall include—
6
(1) an identification of each building at the
7
Coast Guard Academy that contains a dormitory or
8
other overnight accommodations for cadets or officer
9
candidates; and
10
(2)(A) an identification of additional behavioral
11
health or wellness support services that would be
12
beneficial to cadets and officer candidates, such as
13
additional facilities with secure access to telemedi-
14
cine;
15
(B) a description of the benefits that such
16
services would provide to cadets and officer can-
17
didates, particularly to cadets and officer can-
18
didates who have experienced sexual assault or
19
sexual harassment; and
20
(C) a description of the resources nec-
21
essary to provide such services.
22
SEC. 7250. REQUIRED POSTING OF INFORMATION.
23
The Commandant shall ensure that, in each building
24 at the Coast Guard Academy that contains a dormitory
25 or other overnight accommodations for cadets or officer
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1 candidates, written information is posted in a visible loca2 tion with respect to—
3
(1) the methods and means by which a cadet or
4
officer candidate may report a crime, including har-
5
assment, sexual assault, sexual harassment, and any
6
other offense;
7
8
(2) the contact information for the Coast Guard
Investigative Service;
9
(3) external resources for—
10
(A) wellness support;
11
(B) work-life;
12
(C) medical services; and
13
(D) support relating to behavioral health,
14
civil rights, sexual assault, and sexual harass-
15
ment; and
16
(4) cadet and officer candidate rights with re-
17
spect to reporting incidents to the Coast Guard In-
18
vestigative Service, civilian authorities, the Office of
19
the Inspector General of the department in which
20
the Coast Guard is operating, and any other applica-
21
ble entity.
22
SEC. 7251. INSTALLATION OF BEHAVIORAL HEALTH AND
23
24
MEDICAL PRIVACY ROOMS.
(a) IN GENERAL.—Not later than 2 years after the
25 date of enactment of this Act, the Secretary of the depart-
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1 ment in which the Coast Guard is operating shall install
2 or construct at the Coast Guard Academy not fewer than
3 2 rooms to be used for the purpose of supporting cadet
4 and officer candidate behavioral health and other medical
5 or other health-related services.
6
(b) STANDARDS OF ROOMS.—Each room installed or
7 constructed under this section shall—
8
(1) be equipped—
9
(A) in a manner that ensures the protec-
10
tion of the privacy of cadets and officer can-
11
didates, consistent with law and policy;
12
(B) with a telephone and computer to
13
allow for the provision of behavioral health and
14
wellness support or other services; and
15
(C) with an accessible and private wireless
16
internet connection for the use of personal com-
17
munications devices at the discretion of the
18
cadet or officer candidate concerned; and
19
(2) to the extent practicable and consistent with
20
good order and discipline, be accessible to cadets
21
and officer candidates at all times; and
22
(3) contain the written information described in
23
section 7250, which shall be posted in a visible loca-
24
tion.
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1
SEC. 7252. REVIEW AND MODIFICATION OF COAST GUARD
2
ACADEMY POLICY ON SEXUAL HARASSMENT
3
AND SEXUAL VIOLENCE.
4
(a) IN GENERAL.—The Superintendent of the Coast
5 Guard Academy (referred to in this section as the ‘‘Super6 intendent’’) shall—
7
(1) not later than 60 days after the date of en-
8
actment of this Act, commence a review of the Coast
9
Guard Academy policy on sexual harassment and
10
sexual violence established in accordance with sec-
11
tion 1902 of title 14, United States Code, that in-
12
cludes an evaluation as to whether any long-standing
13
Coast Guard Academy tradition, system, process, or
14
internal policy impedes the implementation of nec-
15
essary evidence-informed best practices followed by
16
other military service academies in prevention, re-
17
sponse, and recovery relating to sexual harassment
18
and sexual violence; and
19
20
(2) not later than 180 days after the date of
enactment of this Act—
21
(A) complete such review; and
22
(B) modify such policy in accordance with
23
24
subsection (b).
(b) MODIFICATIONS TO POLICY.—In modifying the
25 Coast Guard Academy policy on sexual harassment and
26 sexual violence referred to in subsection (a), the Superg:\VHLC\120725\120725.005.xml
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2439
1 intendent shall ensure that such policy includes the fol2 lowing:
3
4
(1) Each matter required to be specified by section 1902(b) of title 14, United States Code.
5
(2) Updates to achieve compliance with chapter
6
47 of title 10, United States Code (Uniform Code of
7
Military Justice).
8
(3) A description of the roles and responsibil-
9
ities of staff of the Coast Guard Academy Sexual
10
Assault Prevention, Response, and Recovery pro-
11
gram, including—
12
(A) the Sexual Assault Response Coordi-
13
nator;
14
(B) the Victim Advocate Program Spe-
15
cialist;
16
(C) the Volunteer Victim Advocate; and
17
(D) the Primary Prevention Specialist, as
18
established under subsection (c).
19
(4) A description of the role of the Coast Guard
20
Investigative Service with respect to sexual harass-
21
ment and sexual violence prevention, response, and
22
recovery at the Coast Guard Academy.
23
(5) A description of the role of support staff at
24
the Coast Guard Academy, including chaplains, with
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1
respect to sexual harassment and sexual violence
2
prevention, response, and recovery.
3
4
(6) Measures to promote awareness of dating
violence.
5
(7) A delineation of the relationship between—
6
(A) cadet advocacy groups organized for
7
the prevention of, response to, and recovery
8
from sexual harassment and sexual violence, in-
9
cluding Cadets Against Sexual Assault; and
10
(B) the staff of the Coast Guard Academy
11
Sexual Assault Prevention, Response, and Re-
12
covery program.
13
(8) A provision that requires cadets and Coast
14
Guard Academy personnel to participate in not
15
fewer than one in-person training each academic
16
year on the prevention of, responses to, and re-
17
sources relating to incidents of sexual harassment
18
and sexual violence, to be provided by the staff of
19
the Coast Guard Academy Sexual Assault Preven-
20
tion, Response, and Recovery program.
21
(9) The establishment, revision, or expansion,
22
as necessary, of an anti-retaliation Superintendent’s
23
Instruction for cadets who—
24
25
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(A) report incidents of sexual harassment
or sexual violence;
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2441
1
(B) participate in cadet advocacy groups
2
that advocate for the prevention of, response to,
3
and recovery from sexual harassment and sex-
4
ual violence; or
5
(C) seek assistance from a company offi-
6
cer, company senior enlisted leader, athletic
7
coach, or other Coast Guard Academy staff
8
member with respect to a mental health or
9
other medical emergency.
10
(10) A provision that explains the purpose of
11
and process for issuance of a no-contact order at the
12
Coast Guard Academy, including a description of the
13
manner in which such an order shall be enforced.
14
(11) A provision that explains the purpose of
15
and process for issuance of a military protective
16
order at the Coast Guard Academy, including a de-
17
scription of—
18
(A) the manner in which such an order
19
shall be enforced; and
20
(B) the associated requirement to notify
21
the National Criminal Information Center of
22
the issuance of such an order.
23
(c) PRIMARY PREVENTION SPECIALIST.—Not later
24 than 180 days after the date of enactment of this Act,
25 the Superintendent shall hire a Primary Prevention Spe-
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1 cialist, to be located and serve at the Coast Guard Acad2 emy.
3
(d) TEMPORARY LEAVE OF ABSENCE TO RECEIVE
4 MEDICAL SERVICES AND MENTAL HEALTH AND RE5
LATED
SUPPORT SERVICES.—The Superintendent shall
6 ensure that the Academy’s policy regarding a cadet who
7 has made a restricted or unrestricted report of sexual har8 assment to request a leave of absence from the Coast
9 Guard Academy is consistent with other military service
10 academies.
11
Subtitle E—Reports and Policies
12
SEC. 7261. POLICY AND BRIEFING ON AVAILABILITY OF
13
NALOXONE TO TREAT OPIOID, INCLUDING
14
FENTANYL, OVERDOSES.
15
(a) POLICY.—Not later than 1 year after the date
16 of enactment of this Act, the Commandant shall update
17 the policy of the Coast Guard regarding the use of medica18 tion to treat drug overdoses, including the use of drugs
19 or devices approved, cleared, or otherwise legally marketed
20 under the Federal Food, Drug, and Cosmetic Act (21
21 U.S.C. 301 et seq.) for emergency treatment of known or
22 suspected opioid overdose.
23
(b) AVAILABILITY.—The updated policy required
24 under subsection (a) shall require opioid overdose reversal
25 medications be available—
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1
(1) at each Coast Guard clinic;
2
(2) at each independently located Coast Guard
3
unit;
4
(3) onboard each Coast Guard cutter; and
5
(4) for response to known or suspected opioid
6
overdoses, such as fentanyl, at other appropriate
7
Coast Guard installations and facilities and onboard
8
other Coast Guard assets.
9
(c) PARTICIPATION
IN
TRACKING SYSTEM.—Not
10 later than 1 year after the earlier of the date of enactment
11 of this Act or the date on which the tracking system estab12 lished under section 706 of the National Defense Author13 ization Act for Fiscal Year 2024 (10 U.S.C. 1090 note)
14 is established, the Commandant shall ensure the participa15 tion of the Coast Guard in the such tracking system.
16
(d) MEMORANDUM OF UNDERSTANDING.—Not later
17 than 1 year after the earlier of the date of enactment of
18 this Act or the date on which the tracking system estab19 lished under section 706 of the National Defense Author20 ization Act for Fiscal Year 2024 (10 U.S.C. 1090 note)
21 is established, the Secretary of the department in which
22 the Coast Guard is operating when not operating as a
23 service in the Navy and the Secretary of Defense shall fi24 nalize a memorandum of understanding to facilitate Coast
25 Guard access such tracking system.
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1
(e) BRIEFING.—
2
(1) IN GENERAL.—Not later than 2 years after
3
the date of enactment of this Act, the Commandant
4
shall provide the Committee on Commerce, Science,
5
and Transportation of the Senate and the Com-
6
mittee on Transportation and Infrastructure of the
7
House of Representatives a briefing on the use, by
8
members and personnel of the Coast Guard at Coast
9
Guard facilities, onboard Coast Guard assets, and
10
during Coast Guard operations, of—
11
(A) opioid overdose reversal medications;
12
and
13
(B) opioids, including fentanyl.
14
(2) ELEMENTS.—The briefing required under
15
paragraph (1) shall include the following:
16
(A) A description of—
17
(i) the progress made in the imple-
18
mentation of the updated policy required
19
under subsection (a);
20
(ii) the prevalence and incidence of
21
the illegal use of fentanyl and other con-
22
trolled substances in the Coast Guard dur-
23
ing the 5-year period preceding the brief-
24
ing;
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1
(iii) processes of the Coast Guard to
2
mitigate substance abuse in the Coast
3
Guard,
4
fentanyl; and
particularly
with
respect
to
5
(iv) the status of the memorandum of
6
understanding required under subsection
7
(d).
8
(B) For the 5-year period preceding the
9
briefing, a review of instances in which
10
naloxone or other similar medication was used
11
to treat opioid, including fentanyl, overdoses at
12
a Coast Guard facility, onboard a Coast Guard
13
asset, or during a Coast Guard operation.
14
(f) PRIVACY.—In carrying out the requirements of
15 this section, the Commandant shall ensure compliance
16 with all applicable privacy law, including section 552a of
17 title 5, United States Code (commonly referred to as the
18 ‘‘Privacy Act’’), and the privacy regulations promulgated
19 under section 264(c) of the Health Insurance Portability
20 and Accountability Act (42 U.S.C. 1320d–2 note).
21
(g) RULE OF CONSTRUCTION.—For purposes of the
22 availability requirement under subsection (b), with respect
23 to a Coast Guard installation comprised of multiple Coast
24 Guard facilities or units, opioid overdose reversal medica25 tions available at a single Coast Guard facility within the
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2446
1 installation shall be considered to be available to all Coast
2 Guard facilities or units on the installation if appropriate
3 arrangements are in place to ensure access, at all times
4 during operations, to the opioid overdose reversal medica5 tions contained within such single Coast Guard facility.
6
SEC. 7262. POLICY ON METHODS TO REDUCE INCENTIVES
7
FOR ILLICIT MARITIME DRUG TRAFFICKING.
8
(a) IN GENERAL.—Not later than 1 year after the
9 date of the enactment of this Act, the Commandant, in
10 consultation with the Administrator of the Drug Enforce11 ment Administration, the Secretary of State, and the Sec12 retary of Defense, shall develop a policy, consistent with
13 the Constitution of the United States, as well as domestic
14 and international law, to address, disincentivize, and inter15 dict illicit trafficking by sea of controlled substances (and
16 precursors of controlled substances) being transported to
17 produce illicit synthetic drugs.
18
(b) ELEMENTS.—In developing the policy required
19 under subsection (a), the Commandant shall—
20
(1) include a requirement that, to the maximum
21
extent practicable, a vessel unlawfully transporting a
22
controlled substance or precursors of a controlled
23
substance being transported to produce illicit syn-
24
thetic drugs, be seized or appropriately disposed of
25
consistent with domestic and international law, as
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2447
1
well as any international agreements to which the
2
United States is a party; and
3
(2) aim to reduce incentives for illicit maritime
4
drug trafficking on a global scale, including in the
5
Eastern Pacific Ocean, the Indo-Pacific region, the
6
Caribbean, and the Middle East.
7
(c) BRIEFING.—Not later than 1 year after the date
8 of the enactment of this Act, the Commandant shall brief
9 the Committee on Commerce, Science, and Transpor10 tation, the Committee on Foreign Relations, the Com11 mittee on Homeland Security and Governmental Affairs,
12 and the Committee on the Judiciary of the Senate and
13 the Committee on Transportation and Infrastructure, the
14 Committee on Foreign Affairs, and the Committee on
15 Homeland Security, and the Committee on the Judiciary
16 of the House of Representatives on—
17
18
(1) the policy developed pursuant to subsection
(a); and
19
(2) additional resources necessary to implement
20
the policy required under subsection (a) and meth-
21
ods recommended under subparagraph (A).
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1
SEC. 7263. PLAN FOR JOINT AND INTEGRATED MARITIME
2
OPERATIONAL AND LEADERSHIP TRAINING
3
FOR UNITED STATES COAST GUARD AND TAI-
4
WAN COAST GUARD ADMINISTRATION.
5
(a) PURPOSE.—The purpose of this section is to re-
6 quire a plan to increase joint and integrated training op7 portunities for the United States Coast Guard and the
8 Taiwan Coast Guard Administration.
9
(b) PLAN.—
10
(1) IN GENERAL.—Not later than 180 days
11
after the date of enactment of this Act, the Com-
12
mandant, in consultation with the Secretary of State
13
and the Secretary of Defense, shall complete a plan
14
to expand opportunities for additional joint and inte-
15
grated training activities for the United States Coast
16
Guard and the Taiwan Coast Guard Administration.
17
(2) ELEMENTS.—The plan required by para-
18
graph (1) shall include the following:
19
20
(A) The estimated costs for fiscal years
2026 through 2030—
21
(i) to deploy United States Coast
22
Guard mobile training teams to Taiwan to
23
meaningfully enhance the maritime secu-
24
rity, law enforcement, and deterrence capa-
25
bilities of Taiwan; and
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2449
1
(ii) to accommodate the participation
2
of an increased number of members of the
3
Taiwan Coast Guard Administration in
4
United States Coast Guard-led maritime
5
training
6
training costs for such members, such as
7
costs for lodging, meals and incidental ex-
8
penses, travel, training of personnel, and
9
instructional materials.
10
(B) A strategy for increasing the number
11
of seats, as practicable, for members of the Tai-
12
wan Coast Guard Administration at each of the
13
following United States Coast Guard training
14
courses:
15
16
(ii) The International Leadership and
Management Seminar.
(iii) The International Crisis Command and Control Course.
21
22
(iv) The International Maritime Domain Awareness School.
23
24
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associated
cers Course.
19
20
including
(i) The International Maritime Offi-
17
18
courses,
(v)
The
International
Maritime
Search and Rescue Planning School.
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2450
1
(vi) The International Command Cen-
2
ter School.
3
(C) An assessment of—
4
(i) the degree to which integrated and
5
joint United States Coast Guard and Tai-
6
wan Coast Guard Administration maritime
7
training would assist in—
8
(I) preventing, detecting, and
9
suppressing illegal, unreported, and
10
unregulated fishing operations in the
11
South China Sea and surrounding
12
waters; and
13
(II)
supporting
counter-illicit
14
drug trafficking operations in the
15
South China Sea and surrounding
16
waters; and
17
(ii) whether the frequency of United
18
States Coast Guard training team visits to
19
Taiwan should be increased to enhance the
20
maritime security, law enforcement, and
21
deterrence capabilities of Taiwan.
22
(3) BRIEFING.—Not later than 60 days after
23
the date on which the plan required under para-
24
graph (1) is completed, the Commandant shall pro-
25
vide to the Committee on Commerce, Science, and
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1
Transportation and the Committee on Foreign Rela-
2
tions of the Senate and the Committee on Transpor-
3
tation and Infrastructure and the Committee on
4
Foreign Affairs of the House of Representatives a
5
briefing on the contents of the plan.
6
7
SEC. 7264. AIDS TO NAVIGATION.
(a) DISCONTINUANCE OF AID TO NAVIGATION.—
8
9
(1) IN GENERAL.—Subchapter III of chapter 5
of title 14, United States Code, is amended—
10
(A) by redesignating the second section
11
548 as section 551; and
12
(B) by adding at the end the following:
13 ‘‘§ 552. Discontinuance of aid to navigation
14
‘‘(a) IN GENERAL.—Not later than 180 days after
15 the date of enactment of this section, the Secretary shall
16 establish a process for the discontinuance of an aid to
17 navigation (other than a seasonal or temporary aid) estab18 lished, maintained, or operated by the Coast Guard.
19
‘‘(b) REQUIREMENT.—The process established under
20 subsection (a) shall include procedures—
21
‘‘(1) to notify the public of any discontinuance
22
of an aid to navigation described in that subsection;
23
and
24
‘‘(2) to safeguard against any discontinuation
25
that may compromise the safety of mariners or the
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2452
1
public or hinder maritime operational readiness, in-
2
cluding with respect to food security and maritime
3
transportation.
4
‘‘(c) CONSULTATION.—In establishing a process
5 under subsection (a), the Secretary shall consult with and
6 consider any recommendations of—
7
8
‘‘(1) the Navigation Safety Advisory Council;
and
9
‘‘(2) with respect to aids to navigation estab-
10
lished, maintained, or operated by the Coast Guard
11
and located in the coastal or inland waterways of a
12
State, the public of such State and relevant stake-
13
holders, including—
14
‘‘(A) State agencies;
15
‘‘(B) State, local, and Tribal law enforce-
16
ment, fire, and emergency response agencies;
17
‘‘(C) Indian Tribes;
18
‘‘(D) port;
19
‘‘(E) pilots;
20
‘‘(F) harbormasters;
21
‘‘(G) commercial and recreational fisher-
22
men, including fishing associations;
23
‘‘(H) ferry operators;
24
‘‘(I) marina operators;
25
‘‘(J) recreational boaters;
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1
‘‘(K) passenger vessel operators; and
2
‘‘(L) coastal residents.
3
‘‘(d) NOTIFICATION.—Not later than 30 days after
4 the date on which the process is established under sub5 section (a), the Secretary shall notify the Committee on
6 Commerce, Science, and Transportation of the Senate and
7 the Committee on Transportation and Infrastructure of
8 the House of Representatives of such process.’’.
9
(2) CLERICAL AMENDMENT.—The analysis for
10
chapter 5 of title 14, United States Code, is amend-
11
ed—
12
(A) by striking the item relating to the
13
second section 548; and
14
(B) by adding at the end the following:
‘‘551. Marking anchorage grounds by Commandant of the Coast Guard.
‘‘552. Discontinuance of aid to navigation.’’.
15
16
(b) REPORT ON CONDITION OF AIDS TO NAVIGATION
ON THE MISSOURI RIVER.—
17
(1) REPORT TO CONGRESS.—Not later than
18
270 days after the date of enactment of this Act, the
19
Commandant shall submit to the Committee on
20
Transportation and Infrastructure of the House of
21
Representatives and the Committee on Commerce,
22
Science, and Transportation of the Senate a report
23
on the condition of dayboards and the placement of
24
buoys on the Missouri River.
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1
2
(2) ELEMENTS.—The report under paragraph
(1) shall include—
3
(A) a list of the most recent date on which
4
each dayboard and buoy was serviced by the
5
Coast Guard;
6
(B) an overview of the plan of the Coast
7
Guard to systematically service each dayboard
8
and buoy on the Missouri River; and
9
(C) assigned points of contact.
10
(c) REPORT ON CONDITION OF AIDS TO NAVIGA-
11
TION.—
12
(1) REPORT TO CONGRESS.—Not later than
13
270 days after the date of enactment of this Act, the
14
Executive Director of the Committee on Marine
15
Transportation System shall submit to the Com-
16
mittee on Transportation and Infrastructure of the
17
House of Representatives and the Committee on
18
Commerce, Science, and Transportation of the Sen-
19
ate a report on the condition of dayboards and the
20
placement of buoys in Coast Guard Northeast Dis-
21
trict, and Coast Guard Northwest District.
22
23
(2) ELEMENTS.—The report under paragraph
(1) shall include—
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1
(A) a list of the most recent date on which
2
each dayboard and buoy was serviced by the
3
Coast Guard;
4
(B) an overview of the plan of the Coast
5
Guard to systematically service each buoy lo-
6
cated in the Coast Guard Northeast District;
7
(C) an overview of the plan of the Coast
8
Guard to systematically service each buoy lo-
9
cated in the Coast Guard Northwest District;
10
and
11
(D) assigned points of contact.
12
(3) LIMITATION.—Beginning on the date of en-
13
actment of this Act, the Commandant may not re-
14
move the aids to navigation covered in paragraph
15
(1), unless there is an imminent threat to life or
16
safety, until a period of 180 days has elapsed fol-
17
lowing the date on which the Commandant submits
18
the report required under paragraph (1).
19
20
(4) STUDY ON RELIANCE ON AIDS TO NAVIGATION.—
21
(A) IN GENERAL.—The Executive Director
22
of the Committee of Marine Transportation
23
System Commandant shall conduct a study on
24
the extent to which physical aids to navigation,
25
including buoys and dayboards, are relied upon
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1
by maritime users in the Missouri River, Coast
2
Guard Northeast District, and Coast Guard
3
Northwest District.
4
(B) REQUIREMENTS.—In the study con-
5
ducted under subparagraph (A), the Com-
6
mandant shall include the following:
7
(i) An analysis of the extent to which
8
physical aids to navigation serve as pri-
9
mary navigational references for operators
10
of vessels that lack electronic or satellite-
11
based systems, including small commercial
12
vessels, recreational boats, sailboats, and
13
skiffs.
14
(ii) An assessment of the role physical
15
aids to navigation play in supporting safe
16
vessel operation during outages, disrup-
17
tions, or inaccuracies in electronic or sat-
18
ellite-based navigation systems.
19
(iii) An assessment of mariner per-
20
spectives on the availability, visibility, and
21
reliability of physical aids to navigation,
22
based on input from recreational boaters,
23
commercial fishermen, pilot associations,
24
port authorities, and other relevant water-
25
way users.
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(iv) A summary of reported incidents
2
or near-miss events from the past five
3
years in which the presence or absence of
4
physical aids to navigation played a con-
5
tributory role in navigational outcomes, in-
6
cluding collisions, groundings, or deviations
7
from intended routes.
8
(v) Recommendations for enhancing
9
navigational safety for mariners who rely
10
exclusively on, or supplement electronic
11
systems with, traditional visual aids to
12
navigation.
13
(vi) A cost–benefit analysis of the con-
14
tinued maintenance of physical aids to
15
navigation, and the projected consequences
16
of their removal, including—
17
(I) an estimate of the potential
18
increase in maritime accidents, search
19
and rescue operations, environmental
20
incidents, and Coast Guard response
21
missions that could result from the re-
22
duction or removal of physical aids to
23
navigation;
24
(II) a comparison of the antici-
25
pated costs associated with such in-
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1
creased Coast Guard response oper-
2
ations to the ongoing costs of main-
3
taining
4
dayboards, particularly in high-traffic
5
areas or locations with limited access
6
to electronic navigation systems;
and
servicing
buoys
and
7
(III) an assessment of the role
8
physical aids to navigation play in
9
preventing incidents involving vessels
10
with limited or no reliance on GPS or
11
electronic systems; and
12
(IV) an assessment of the indi-
13
rect costs and operational impacts as-
14
sociated with the removal of physical
15
aids to navigation, including increased
16
risk of vessel groundings, prolonged
17
Coast Guard response times, and di-
18
minished mariner trust in navigational
19
infrastructure.
20
(C) SUBMISSION TO CONGRESS.—Not later
21
than 18 months after the date of enactment of
22
this Act, the Executive Director of the Com-
23
mittee on Marine Transportation shall submit
24
to the Committee on Transportation and Infra-
25
structure of the House of Representatives and
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1
the Committee on Commerce, Science, and
2
Transportation of the Senate the results of the
3
study conducted under subparagraph (A).
4
(d) REPEAL.—Section 210 of the Coast Guard Au-
5 thorization Act of 2015 (14 U.S.C. 541 note) is repealed.
6
SEC. 7265. STUDY AND GAP ANALYSIS WITH RESPECT TO
7
COAST GUARD AIR STATION CORPUS CHRISTI
8
AVIATION HANGER.
9
(a) IN GENERAL.—Not later than 180 days after the
10 date of enactment of this Act, the Commandant shall com11 mence a study and gap analysis with respect to the avia12 tion hangar at Coast Guard Air Station Corpus Christi
13 and the capacity of such hangar to accommodate the air14 craft currently assigned to Coast Guard Air Station Cor15 pus Christi and any aircraft anticipated to be so assigned
16 in the future.
17
(b) ELEMENTS.—The study and gap analysis re-
18 quired by subsection (a) shall include the following:
19
20
(1) An identification of hangar infrastructure
requirements needed—
21
(A) to meet mission requirements for all
22
aircraft currently assigned to Coast Guard Air
23
Station Corpus Christi; and
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1
(B) to accommodate the assignment of an
2
additional HC–144 Ocean Sentry aircraft to
3
Coast Guard Air Station Corpus Christi.
4
(2) An assessment as to whether the aviation
5
hangar at Coast Guard Air Station Corpus Christi
6
is sufficient to accommodate all rotary-wing assets
7
assigned to Coast Guard Air Station Corpus Christi.
8
(3) In the case of an assessment that such
9
hangar is insufficient to accommodate all such ro-
10
tary-wing assets, a description of the facility modi-
11
fications that would be required to do so.
12
(4) An assessment of the facility modifications
13
of such hangar that would be required to accommo-
14
date all aircraft assigned to Coast Guard Air Station
15
Corpus Christi upon completion of the transition
16
from the MH–65 rotary-wing aircraft to the MH–
17
60T rotary-wing aircraft.
18
(5) An evaluation with respect to which fixed-
19
wing assets assigned to Coast Guard Air Station
20
Corpus Christi should be enclosed in such hangar so
21
as to most effectively mitigate the effects of corro-
22
sion while meeting mission requirements.
23
(6) An evaluation as to whether, and to what
24
extent, the storage of fixed-wing assets outside such
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1
hangar would compromise the material condition
2
and safety of such assets.
3
(7) An evaluation of the extent to which any
4
material condition and safety issue identified under
5
paragraph (6) may be mitigated through the use of
6
gust locks, chocks, tie-downs, or related equipment.
7
(c) REPORT.—Not later than 1 year after the com-
8 mencement of the study and gap analysis required under
9 subsection (a), the Commandant shall submit to the Com10 mittee on Commerce, Science, and Transportation of the
11 Senate and the Committee on Transportation and Infra12 structure of the House of Representatives a report on the
13 results of the study and gap analysis.
14
SEC. 7266. REPORT ON IMPACTS OF JOINT TRAVEL REGU-
15
LATIONS ON MEMBERS OF COAST GUARD
16
WHO RELY ON FERRY SYSTEMS.
17
(a) IN GENERAL.—Not later than 180 days after the
18 date of enactment of this Act, the Commandant, in coordi19 nation with the Under Secretary of Defense for Personnel
20 and Readiness, shall submit to the appropriate committees
21 of Congress a report on the impacts of the Joint Travel
22 Regulations on members of the Coast Guard who are com23 muting, on permanent change of station travel, or on other
24 official travel to or from locations served by ferry systems.
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1
(b) ELEMENTS.—The report required under sub-
2 section (a) shall include an analysis of the impacts on such
3 members of the Coast Guard of the following policies
4 under the Joint Travel Regulations:
5
(1) The one-vehicle shipping policy.
6
(2) The unavailability of reimbursement of
7
costs incurred by such members due to ferry sched-
8
ule unavailability, sailing cancellations, and other
9
sailing delays during commuting, permanent change
10
of station travel, or other official travel.
11
(3) The unavailability of local infrastructure to
12
support vehicles or goods shipped to duty stations in
13
locations outside the contiguous United States that
14
are not connected by the road system, including lo-
15
cations served by the Alaska Marine Highway Sys-
16
tem.
17
(c) DEFINITIONS.—In this section:
18
(1)
APPROPRIATE
COMMITTEES
OF
CON-
19
GRESS.—The term ‘‘appropriate committees of Con-
20
gress’’ means—
21
(A) the Committee on Armed Services and
22
the Committee on Commerce, Science, and
23
Transportation of the Senate; and
24
(B) the Committee on Armed Services and
25
the Subcommittee on Coast Guard and Mari-
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time Transportation of the Committee on
2
Transportation and Infrastructure of the House
3
of Representatives.
4
(2) JOINT TRAVEL REGULATIONS.—The term
5
‘‘Joint Travel Regulations’’, with respect to official
6
travel, means the terms, rates, conditions, and regu-
7
lations maintained under section 464 of title 37,
8
United States Code.
9
SEC. 7267. REPORT ON JUNIOR RESERVE OFFICERS’ TRAIN-
10
11
ING CORPS PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the
12 date of enactment of this Act, the Commandant shall sub13 mit to the Committee on Commerce, Science, and Trans14 portation of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representatives
16 a report on the Junior Reserve Officers’ Training Corps
17 program.
18
(b) ELEMENTS.—The report required under sub-
19 section (a) shall include the following:
20
(1) A description of the standards and criteria
21
prescribed by the Coast Guard for educational insti-
22
tution participation in the Coast Guard Junior Re-
23
serve Officers’ Training Corps program.
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1
(2) With respect to each educational institution
2
offering a Coast Guard Junior Reserve Officers’
3
Training Corps program—
4
(A) a description of—
5
6
(i) the training and course of military
instruction provided to students;
7
8
(ii) the facilities and drill areas used
for the program;
9
(iii) the type and amount of Coast
10
Guard Junior Reserve Officers’ Training
11
Corps program resources provided by the
12
Coast Guard;
13
(iv) the type and amount of Coast
14
Guard Junior Reserve Officers’ Training
15
Corps program resources provided by the
16
educational institution; and
17
(v) any other matter relating to pro-
18
gram requirements the Commandant con-
19
siders appropriate;
20
(B) an assessment as to whether the edu-
21
cational institution is located in an education-
22
ally and economically deprived area (as de-
23
scribed in section 2031 of title 10, United
24
States Code);
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1
(C) beginning with the year in which the
2
program was established at the educational in-
3
stitution, the number and disaggregated demo-
4
graphics of students who have participated in
5
the program; and
6
(D) an assessment of the participants in
7
the program, including—
8
(i) the performance of the participants
9
in the program;
10
(ii) the number of participants in the
11
program who express an intent to pursue
12
a commission or enlistment in the Coast
13
Guard; and
14
(iii) a description of any other factor
15
or matter considered by the Commandant
16
to be important in assessing the success of
17
program participants at the educational in-
18
stitution.
19
(3) With respect to any unit of the Coast Guard
20
Junior Reserve Officers’ Training Corps suspended
21
or placed on probation pursuant to section 2031(h)
22
of title 10, United States Code—
23
(A) a description of the unit;
24
(B) the reason for such suspension or
25
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1
(C) the year the unit was so suspended or
2
placed on probation; and
3
(D) with respect to any unit that was rein-
4
stated after previously being suspended or
5
placed on probation, a justification for the rein-
6
statement of such unit.
7
(4) A description of the resources and personnel
8
required to maintain, implement, and provide over-
9
sight for the Coast Guard Junior Reserve Officers’
10
Training Corps program at each participating edu-
11
cational institution and within the Coast Guard, in-
12
cluding the funding provided to each such edu-
13
cational institution, disaggregated by educational in-
14
stitution and year.
15
(5) A recommendation with respect to—
16
(A) whether the number of educational in-
17
stitutions participating in the Coast Guard Jun-
18
ior Reserve Officers’ Training Corps program
19
should be increased; and
20
(B) in the case of a recommendation that
21
such number should be increased, additional
22
recommendations relating to such an increase,
23
including—
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1
(i) the number of additional edu-
2
cational institutions that should be in-
3
cluded in the program;
4
(ii) the locations of such institutions;
5
(iii) any additional authorities or re-
6
sources necessary for such an increase; and
7
(iv) any other matter the Com-
8
mandant considers appropriate.
9
(6) Any other matter the Commandant con-
10
siders necessary in order to provide a full assess-
11
ment of the effectiveness of the Coast Guard Junior
12
Reserve Officers’ Training Corps program.
13
SEC. 7268. REPORT ON AND EXPANSION OF COAST GUARD
14
JUNIOR
15
CORPS PROGRAM.
16
RESERVE
OFFICERS’
TRAINING
(a) REPORT.—
17
(1) IN GENERAL.—Not later than 90 days after
18
the date of enactment of this Act, the Commandant
19
shall submit to the Committee on Commerce,
20
Science, and Transportation of the Senate and the
21
Committee on Transportation and Infrastructure of
22
the House of Representatives a report on the status
23
of the Coast Guard Junior Reserve Officers’ Train-
24
ing Program.
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1
2
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
3
(A) A review and timeline of Coast Guard
4
outreach efforts in Coast Guard districts that
5
do not have a Coast Guard Junior Reserve Offi-
6
cers’ Training Program.
7
(B) A review and timeline of Coast Guard
8
outreach efforts in Coast Guard districts in
9
which there are multiple Coast Guard Junior
10
Reserve Officers’ Training Programs.
11
(C) Policy recommendations regarding fu-
12
ture expansion of the Coast Guard Junior Re-
13
serve Officers’ Training Program.
14
(b) EXPANSION.—
15
(1) IN GENERAL.—Beginning on December 31,
16
2026, the Secretary of the department in which the
17
Coast Guard is operating shall maintain at all times
18
a Junior Reserve Officers’ Training Corps Program
19
with not fewer than 20 such programs.
20
(2) COST ASSESSMENT.—Not later than 1 year
21
after the date of enactment of this Act, the Sec-
22
retary of the department in which the Coast Guard
23
is operating shall provide Congress with an estimate
24
of the costs associated with implementing this sub-
25
section.
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SEC. 7269. ANNUAL REPORT ON ADMINISTRATION OF SEX-
2
UAL ASSAULT FORENSIC EXAMINATION KITS.
3
(a) ANNUAL REPORT.—Section 11272(c) of the
4 James M. Inhofe National Defense Authorization Act for
5 Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4066)
6 is amended—
7
(1) in paragraph (5)—
8
(A) by striking ‘‘House’’ and inserting
9
‘‘House of Representatives’’; and
10
(B) by striking ‘‘vessel’’ and inserting
11
‘‘Coast Guard vessel’’;
12
(2) by transferring paragraph (5) to appear as
13
subsection (b) of section 564 of the title 14, United
14
States Code; and
15
(3) by redesignating paragraph (6) as para-
16
graph (5).
17
(b) BRIEFING.—The Commandant shall brief the
18 Committee on Transportation and Infrastructure of the
19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate regard21 ing the cost incurred by the Coast Guard to meet the re22 quirements of section 564 of title 14, United States Code,
23 as amended by this section, during—
24
(1) fiscal year 2024 and fiscal year 2025, not
25
later than 30 days after the date of enactment of
26
this Act; and
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(2) fiscal year 2026, not later than November
2
1, 2026.
3
(c) TECHNICAL AMENDMENT.—Section 564(a)(2) of
4 title 14, United States Code, is amended by striking the
5 comma after ‘‘paragraph (1)’’.
6
SEC. 7270. REPORT ON COAST GUARD PERSONNEL SKILLS.
7
Not later than 180 days after the date of enactment
8 of this Act, the Commandant shall submit to the Com9 mittee on Transportation and Infrastructure of the House
10 of Representatives and the Committee on Commerce,
11 Science, and Transportation of the Senate a report that
12 includes the following:
13
(1) An analysis of the skills and experience of
14
Coast Guard personnel, particularly such personnel
15
with backgrounds in engineering, navigation, heavy
16
equipment operation, and maintenance, that are di-
17
rectly transferable to the dredging industry.
18
(2) A plan for developing and implementing tar-
19
geted outreach and recruitment strategies to connect
20
separating or retiring Coast Guard personnel with
21
employment opportunities, including registered ap-
22
prentice programs, in the dredging industry.
23
(3) An evaluation of the potential for estab-
24
lishing programs to recognize the skills of Coast
25
Guard personnel for the merchant mariner creden-
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tials necessary for employment in the dredging in-
2
dustry.
3
(4) A description of any existing or planned co-
4
ordination with employers, relevant labor organiza-
5
tions, and other relevant agencies to facilitate the
6
transition of Coast Guard personnel into the dredg-
7
ing industry.
8
SEC. 7271. REPORT ON COAST GUARD SEARCH AND RESCUE
9
10
OPERATIONS.
(a) IN GENERAL.—Not later than 1 year after the
11 date of enactment of this Act, and annually thereafter
12 through fiscal year 2030, the Commandant shall submit
13 to the Committee on Transportation and Infrastructure
14 of the House of Representatives and the Committee on
15 Commerce, Science, and Transportation of the Senate a
16 report detailing the search and rescue operations at im17 pacted Coast Guard facilities and of the assets assigned
18 to such facilities that contains the following:
19
20
(1) The number, location of, and assets assigned to impacted Coast Guard facilities.
21
(2) The number of active Coast Guard facilities
22
operating as scheduled mission stations and the as-
23
sets assigned to such stations.
24
(3) The steps taken to implement the rec-
25
ommendations of the Government Accountability Of-
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fice report titled ‘‘Coast Guard Actions Needed to
2
Close Stations Identified as Overlapping and Unnec-
3
essarily Duplicative’’, and issued in October 2017
4
(2017 GAO Report 18-9).
5
(4) Whether the impacted Coast Guard facili-
6
ties were identified as overlapping or unnecessarily
7
duplicative in any previous Coast Guard report, in-
8
cluding the cost savings and efficiencies identified
9
with closing that the impacted Coast Guard facility.
10
(5) Beginning in fiscal year 2021 and ac-
11
counted for annually thereafter through fiscal
12
2030—
13
(A) the number of search and rescue,
14
watch stander, and other personnel at each im-
15
pacted Coast Guard facility and the personnel
16
allowance list associated with each assignment
17
year to such location beginning in 2021;
18
(B) the average response time for all
19
search and rescue operations at each impacted
20
Coast Guard facility;
21
(C) each of the number of lives lost, saved,
22
and assisted during search and rescue oper-
23
ations at each impacted Coast Guard facility
24
and by each asset assigned to the that facility;
25
and
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(D) the number of vessel safety checks ad-
2
ministered by an impacted Coast Guard facility
3
or asset assigned to that facility.
4
(6) The number of search and rescue incidents,
5
including ice rescues, in which a facility or asset as-
6
signed to such facility responded to a search and
7
rescue incident in an area previously covered by an
8
impacted Coast Guard facility but was unable to ful-
9
fill the mission, including—
10
(A) the distance traveled to the destination
11
of each incident; and
12
(B) the duration time traveled to reach the
13
destination of each incident to include if total
14
response time exceeded two-hours from time of
15
notification of the Coast Guard until the time
16
of arrival on scene, including 30 minutes of
17
preparation time (a total of 90 minutes from
18
underway to on-scene).
19
(7) A description of active and past first re-
20
sponder cooperative agreements made between each
21
impacted Coast Guard facility and local law enforce-
22
ment or first responders related to search and rescue
23
operations.
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(8) The area of responsibility covered by each
2
impacted Coast Guard facility, including a map over-
3
view of each area of responsibility.
4
(9) Any other metrics determined to be relevant
5
by the Commandant to convey the changes to search
6
and rescue operations at impacted Coast Guard fa-
7
cilities.
8
(b) DEFINITION OF IMPACTED COAST GUARD FACIL-
9
ITY.—In this section, the term ‘‘impacted Coast Guard fa-
10 cility’’ means a facility or station that was designated as
11 a schedule mission station or closed under either the As12 signment Year 2024 Force Alignment Initiative or the As13 signment Year 2025 Force Alignment Initiative.
14
SEC. 7272. REPORT ON EAST ROCKAWAY INLET NAVIGA-
15
16
TION.
(a) IN GENERAL.—Not later than 180 days after the
17 date of enactment of this Act, the Commandant shall sub18 mit to the Committee on Transportation and Infrastruc19 ture of the House of Representatives and the Committee
20 on Commerce, Science, and Transportation of the Senate
21 a report on the navigable waterway of the East Rockaway
22 Inlet located on Long Island, New York.
23
(b) CONTENTS.—The report under subsection (a)
24 shall include—
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2
(1) an evaluation of potential hazards to navigation present in the East Rockaway Inlet;
3
4
(2) a map of current and future aids to navigation in the East Rockaway Inlet;
5
(3) an evaluation of the effects of the current
6
channel hazards on commercial navigation and safe-
7
ty;
8
(4) recommendations on addressing hazards to
9
navigation present in the East Rockaway Inlet; and
10
(5) recommendations on updates to the nec-
11
essary to aids navigation in order to maintain safety.
12
SEC. 7273. RESPONSIBLE PROPERTY OWNERSHIP AND
13
14
TRACKING.
(a) IN GENERAL.—Not later than 30 days after the
15 date of enactment of this Act, the Commandant of the
16 Coast Guard shall provide to the Committee on Transpor17 tation and Infrastructure of the House of Representatives
18 and the Committee on Commerce, Science, and Transpor19 tation of the Senate a list of all lighthouses owned or oper20 ated by the Lighthouse Service on July 1, 1939, when the
21 service was incorporated into the Coast Guard.
22
(b) CONTENTS.—In providing the list under sub-
23 section (a), the Commandant shall—
24
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(A) are still owned and operated by the
2
Coast Guard;
3
(B) are still owned, but not operated by
4
the Coast Guard;
5
(C) have been divested—
6
(i) by statute and the recipient of
7
such lighthouses;
8
(ii) through Federal government sur-
9
plus processes and the recipient of such
10
lighthouses;
11
(iii) under the National Historic
12
Lighthouse Preservation Act of 2000 (16
13
U.S.C. 470w–7 et seq.) and the recipient
14
of such lighthouses;
15
(iv) through other means and the re-
16
cipient of such lighthouses; and
17
(2) provide any other information about the re-
18
tention or disposition of lighthouses owned or for-
19
merly owned by the Coast Guard which the Com-
20
mandant determines relevant so the Committees can
21
understand the obligations of the Coast Guard with
22
respect to such lighthouses or information which the
23
Commandant otherwise determines relevant.
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SEC.
7274.
STUDY
ON
EFFECTS
OF
OCEANOGRAPHIC,
2
WEATHER, AND COASTAL CONDITIONS ON
3
COAST GUARD MISSIONS.
4
(a) IN GENERAL.—Not later than 180 days after the
5 date of enactment of this Act, the Commandant, in con6 junction with the Superintendent of the Coast Guard
7 Academy, shall conduct a study that—
8
(1) determines the extent to which the Coast
9
Guard missions described in section 201(a) of title
10
14, United States Code, are affected by oceano-
11
graphic, weather, coastal conditions and ice cov-
12
erage; and
13
(2) assesses the adequacy of preparedness of
14
Coast Guard installations for the conditions de-
15
scribed in paragraph (1).
16
(b) REPORT.—The Commandant shall submit a re-
17 port to Congress that includes—
18
19
(1) the findings of the study conducted pursuant to subsection (a); and
20
21
(2) recommended modifications to the Coast
Guard Academy curriculum—
22
23
(A) to better educate cadets on such findings; and
24
(B) ensure that research related to such
25
findings is accessible and available for training
26
and educational purposes.
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1
2
SEC. 7275. PARENTAL LEAVE SURGE STAFFING PROGRAM.
Not later than 90 days after the date of the enact-
3 ment of this Act, the Commandant shall update Coast
4 Guard policy with respect to the parental leave surge staff5 ing program (or a successor program) to ensure that, to
6 the maximum extent practicable, surge staffing is provided
7 to backfill Public Health Service officers detailed to the
8 Coast Guard who are on parental leave so as to ensure
9 the continuation of healthcare, pharmacy, and related
10 services for members of the Coast Guard.
11
SEC. 7276. MODIFICATION OF STRATEGY TO IMPROVE
12
QUALITY OF LIFE AT REMOTE UNITS.
13
Section 11419 of the Don Young Coast Guard Au-
14 thorization Act of 2022 (Public Law 117–263; 136 Stat.
15 4126) is amended—
16
(1) in subsection (a), by striking ‘‘this Act’’ and
17
all that follows through ‘‘strategy’’ and inserting
18
‘‘the Coast Guard Authorization Act of 2026, the
19
Commandant shall develop a detailed written strat-
20
egy’’;
21
22
23
24
25
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(2) in subsection (b)—
(A) by redesignating paragraph (7) as
paragraph (8); and
(B) by inserting after paragraph (6) the
following:
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1
‘‘(7) A detailed written action plan and timeline
2
for implementing improvements to the quality of life
3
for members of the Coast Guard at remote units.’’;
4
(3) by redesignating subsections (c) and (d) as
5
subsections (e) and (f), respectively;
6
(4) by inserting after subsection (b) the fol-
7
lowing:
8
‘‘(c) PUBLIC AVAILABILITY.—The Commandant shall
9 make the strategy developed under subsection (a) available
10 to the public on an internet website of the Coast Guard.
11
‘‘(d) IMPLEMENTATION.—The Commandant shall
12 oversee the implementation of the strategy developed
13 under subsection (a), including the action plan described
14 in paragraph (7) of that subsection.’’; and
15
(5) by amending subsection (e), as redesig-
16
nated, to read as follows:
17
‘‘(e) BRIEFING.—Not later than 30 days after the
18 strategy developed under subsection (a) is completed, and
19 annually thereafter for 3 years, the Commandant shall
20 provide the Committee on Commerce, Science, and Trans21 portation of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representatives
23 with a briefing, in person and in writing, on—
24
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‘‘(1) the elements of the strategy;
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1
2
‘‘(2) the status of the implementation of the action plan described in subsection (a)(7);
3
4
‘‘(3) the timeline for implementation of each of
the elements of such action plan; and
5
6
7
8
‘‘(4) any barriers to the implementation of such
action plan.’’.
SEC. 7277. RETENTION OF CERTAIN RECORDS.
(a) IN GENERAL.—Subchapter I of chapter 5 of title
9 14, United States Code is amended by adding at the end
10 the following:
11 ‘‘§ 511. Retention of certain records
12
‘‘(a) COAST GUARD MESSAGE BOARD.—The Com-
13 mandant shall designate as a record of the Coast Guard,
14 and ensure the longest possible retention approved by the
15 National Archives and Records Administration of, each
16 message placed on Coast Guard message board on or after
17 the date that is 1 year after the date of the enactment
18 of this Act on a publicly available website to the maximum
19 extent possible, in accordance with the Privacy Act of
20 1974 (5 U.S.C. 552a) and other applicable laws.
21
‘‘(b)
COMMANDANT
INSTRUCTION.—The
Com-
22 mandant shall designate as a temporary record of the
23 Coast Guard, and ensure the retention for a period not
24 less than 15 years of or the retention approved by the Na25 tional Archives & Records Administration, each Com-
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1 mandant Instruction Manual and Coast Guard Academy
2 Superintendent Instruction Manual, including all versions
3 thereof, in effect on or after the date that is 30 days after
4 the date of the enactment of this Act.
5
‘‘(c) COST-BENEFIT REVIEW.—Not later than 1 year
6 after the date of the enactment of this Act, and annually
7 thereafter, the Commandant shall submit to the appro8 priate congressional committees a report that—
9
‘‘(1) identifies all current recurrent require-
10
ments for reports to Congress applicable to the
11
Coast Guard;
12
‘‘(2) estimates the total annual cost and staff
13
hours required for compliance with such require-
14
ments; and
15
‘‘(3) provides recommendations to Congress for
16
sunset, consolidation, or automation of such require-
17
ments to improve efficiency, consistent applicable
18
laws.
19
‘‘(d) DEFINITIONS.—
20
‘‘(1) APPROPRIATE
21
TEES.—CST and T&I
22
‘‘(2) COAST
GUARD
CONGRESSIONAL COMMIT-
MESSAGE
BOARD.—The
23
term ‘Coast Guard message board’ means the Coast
24
Guard official platform for disseminating time-sen-
25
sitive or service-wide administrative information to
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1
Coast Guard personnel, including the publishing of
2
official general messages including ALCOAST,
3
ALCGPSC, ALCGENL, and similar formats that
4
provide timely policy updates, operational guidance,
5
or announcements to the field.’’.
6
(b) CLERICAL AMENDMENT.—The analysis for chap-
7 ter 5 of title 14, United States Code, is amended by insert8 ing after the item relating to section 510 the following:
‘‘511. Retention of certain records.’’.
9
SEC. 7278. TEMPORARY INSTALLATION OF RESTROOM FA-
10
CILITIES FOR TRAINING CENTER CAPE MAY
11
MEDICAL FACILITY.
12
Not later than 90 days after the date of the enact-
13 ment of this Act, the Commandant shall require and in14 stall additional temporary restroom facilities, as necessary,
15 to provide relief for recruits being processed at the Train16 ing Center Cape May medical facility.
17
18
SEC. 7279. CHILDHOOD PROTECTION PROGRAM.
(a) MEMORANDUM OF UNDERSTANDING.—The Com-
19 mandant shall review memoranda of understanding be20 tween the other armed forces and entities which provide
21 children’s advocacy center services to such armed forces.
22
(b) BRIEFING.—Not later than 1 year after the date
23 of the enactment of this Act, the Commandant shall pro24 vide to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Transporg:\VHLC\120725\120725.005.xml
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1 tation and Infrastructure of the House of Representatives
2 a recommendation on whether the Commandant should
3 enter into a memorandum of understanding similar to
4 such memoranda of understanding entered into by the
5 other armed forces for the provisions of child advocacy
6 center services, or take other actions to track incidents
7 and respond to such incidents described in subsection (a).
8
9
10
11
12
13
TITLE LXXIII—SHIPPING AND
NAVIGATION
Subtitle A—Merchant Mariner
Credentials
SECTION 7301. MERCHANT MARINER CREDENTIALING.
(a) DEFINITIONS.—Section 2101 of title 46, United
14 States Code, is amended—
15
(1) by redesignating paragraphs (20) through
16
(56) as paragraphs (21), (22), (24), (25), (26), (27),
17
(28), (29), (30), (31), (32), (33), (34), (35), (36),
18
(37), (38), (39), (40), (41), (42), (43), (44), (45),
19
(46), (47), (48), (49), (50), (51), (52), (53), (54),
20
(55), (56), (57), and (58), respectively;
21
22
(2) by inserting after paragraph (19) the following:
23
‘‘(20) ‘merchant mariner credential’ means a
24
merchant mariner license, certificate, or document
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1
that the Secretary is authorized to issue pursuant to
2
this title.’’; and
3
4
(3) by inserting after paragraph (22), as so redesignated, the following:
5
6
‘‘(23) ‘nautical school program’ means a program that—
7
‘‘(A) offers a comprehensive program of
8
training that includes substantial sea service on
9
nautical school vessels or merchant vessels of
10
the United States primarily to train individuals
11
for service in the merchant marine; and
12
‘‘(B) is approved by the Secretary for pur-
13
poses of section 7315, in accordance with regu-
14
lations promulgated by the Secretary.’’.
15
(b) NONCITIZENSHIP NATIONALITY.—
16
(1) CITIZENSHIP
17
ALITY.—Section
18
Code, is amended—
OR
NONCITIZEN
NATION-
7102 of title 46, United States
19
(A) in the section heading by inserting ‘‘or
20
noncitizen nationality’’ after ‘‘Citizen-
21
ship’’; and
22
(B) by inserting ‘‘or noncitizen nationals
23
(as such term is described in section 308 of the
24
Immigration and Nationality Act (8 U.S.C.
25
1408))’’ after ‘‘citizens’’.
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1
2
3
(2) CONFORMING AMENDMENTS.—
(A) IN GENERAL.—Section 7304 of title
46, United States Code, is amended—
4
(i) in the section heading by inserting
5
‘‘or noncitizen nationality’’ after
6
‘‘Citizenship’’; and
7
(ii) by inserting ‘‘or noncitizen na-
8
tional (as such term is described in section
9
308 of the Immigration and Nationality
10
Act (8 U.S.C. 1408))’’ after ‘‘citizen’’.
11
(B) CITIZENSHIP AND NAVY RESERVE RE-
12
QUIREMENTS.—Section 8103 of title 46, United
13
States Code, is amended—
14
(i) in the section heading by inserting
15
‘‘or noncitizen nationality’’ after
16
‘‘Citizenship’’;
17
(ii) in subsection (a) by inserting ‘‘or
18
noncitizen national’’ after ‘‘citizen’’;
19
(iii) in subsection (b)—
20
(I) in paragraph (1)(A)(i) by in-
21
serting ‘‘or noncitizen national’’ after
22
‘‘citizen’’;
23
(II) in paragraph (3) by inserting
24
‘‘or noncitizen nationality’’ after ‘‘citi-
25
zenship’’; and
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1
(III) in paragraph (3)(C) by in-
2
serting ‘‘or noncitizen nationals’’ after
3
‘‘citizens’’;
4
(iv) in subsection (c) by inserting ‘‘or
5
noncitizen nationals’’ after ‘‘citizens’’;
6
(v) in subsection (d)—
7
(I) in paragraph (1) by inserting
8
‘‘or noncitizen nationals’’ after ‘‘citi-
9
zens’’; and
10
(II) in paragraph (2) by inserting
11
‘‘or noncitizen national’’ after ‘‘cit-
12
izen’’ each place it appears;
13
(vi) in subsection (e) by inserting ‘‘or
14
noncitizen national’’ after ‘‘citizen’’ each
15
place it appears;
16
(vii) in subsection (i)(1)(A) by insert-
17
ing ‘‘or noncitizen national’’ after ‘‘cit-
18
izen’’;
19
(viii) in subsection (k)—
20
(I) in paragraph (1)(A) by insert-
21
ing ‘‘or noncitizen national’’ after
22
‘‘citizen’’; and
23
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(II) in paragraph (2)—
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2487
1
(aa) by striking ‘‘Not more
2
than’’ and inserting the fol-
3
lowing:
4
‘‘(A) Not more than’’; and
5
(bb) by adding at the end
6
the following:
7
‘‘(B) Notwithstanding subparagraph (A),
8
for the period beginning on the date of enact-
9
ment of the Coast Guard Authorization Act of
10
2025 and ending on December 31, 2065, not
11
more than 50 percent of the unlicensed seamen
12
on a vessel described in paragraph (1) may be
13
aliens referred to in subparagraph (B) or (C) of
14
such paragraph.’’; and
15
(ix) by adding at the end the fol-
16
17
lowing:
‘‘(l) NONCITIZEN NATIONAL DEFINED.—In this sec-
18 tion, the term ‘noncitizen national’ means an individual
19 described in section 308 of the Immigration and Nation20 ality Act (8 U.S.C. 1408).’’.
21
(C) COMMAND
OF
DOCUMENTED
VES-
22
SELS.—Section
23
States Code, is amended by inserting ‘‘or non-
24
citizen national (as such term is described in
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1
section 308 of the Immigration and Nationality
2
Act (8 U.S.C. 1408))’’ after ‘‘citizen’’.
3
(D) INVALIDATION OF CERTIFICATES OF
4
DOCUMENTATION.—Section
5
46, United States Code, is amended by insert-
6
ing ‘‘or noncitizen national (as such term is de-
7
scribed in section 308 of the Immigration and
8
Nationality Act (8 U.S.C. 1408))’’ after ‘‘cit-
9
izen’’.
10
(3) CLERICAL AMENDMENTS.—
12135(2) of title
11
(A) IN GENERAL.—The analysis for chap-
12
ter 71 of title 46, United States Code, is
13
amended by striking the item relating to section
14
7102 and inserting the following:
‘‘7102. Citizenship or noncitizen nationality.’’.
15
(B) SECTION 7304.—The analysis for chap-
16
ter 73 of title 46, United States Code, is
17
amended by striking the item relating to section
18
7304 and inserting the following:
‘‘7304. Citizenship or noncitizen nationality notation on merchant mariners’ documents.’’.
19
(C) SECTION 8103.—The analysis for chap-
20
ter 81 of title 46, United States Code, is
21
amended by striking the item relating to section
22
8103 and inserting the following:
‘‘8103. Citizenship or noncitizen nationality and Navy Reserve requirements.’’.
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1
(c) EXAMINATIONS.—Section 7116 of title 46, United
2 States Code, is amended by striking subsection (c).
3
(d) MERCHANT MARINERS DOCUMENTS.—Chapter
4 73 of title 46, United States Code, is amended—
5
6
(1) by amending section 7306 to read as follows:
7 ‘‘§ 7306. General requirements and classifications for
8
9
members of deck departments
‘‘(a) IN GENERAL.—The Secretary may issue a mer-
10 chant mariner credential, to members of the deck depart11 ment in the following classes:
12
‘‘(1) Able Seaman-Unlimited.
13
‘‘(2) Able Seaman-Limited.
14
‘‘(3) Able Seaman-Special.
15
‘‘(4) Able Seaman-Offshore Supply Vessels.
16
‘‘(5) Able Seaman-Sail.
17
‘‘(6) Able Seaman-Fishing Industry.
18
‘‘(7) Ordinary Seaman.
19
‘‘(b) CLASSIFICATION OF CREDENTIALS.—The Sec-
20 retary may classify the merchant mariner credential issued
21 under subsection (a) based on—
22
23
‘‘(1) the tonnage and means of propulsion of
vessels;
24
25
‘‘(2) the waters on which vessels are to be operated; or
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1
2
‘‘(3) other appropriate standards.
‘‘(c) QUALIFICATIONS.—To qualify for a credential
3 under this section, an applicant shall provide satisfactory
4 proof that the applicant—
5
‘‘(1) is at least 18 years of age;
6
‘‘(2) has the service required by the applicable
7
section of this part;
8
‘‘(3) is qualified professionally as demonstrated
9
by an applicable examination or educational require-
10
ments;
11
‘‘(4) is qualified as to sight, hearing, and phys-
12
ical condition to perform the seafarer’s duties; and
13
‘‘(5) has satisfied any additional requirements
14
established by the Secretary, including career pat-
15
terns and service appropriate to the particular serv-
16
ice, industry, or job functions the individual is en-
17
gaged.’’;
18
19
(2) in section 7307 by striking ‘‘3 years’’ and
inserting ‘‘18 months’’;
20
21
(3) in section 7308 by striking ‘‘18 months’’
and inserting ‘‘12 months’’;
22
(4) in section 7309 by striking ‘‘12 months’’
23
and inserting ‘‘6 months’’;
24
(5) in section 7313—
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1
(A) in subsection (b) by striking ‘‘and coal
2
passer’’; and
3
(B) by striking subsection (c) and insert-
4
5
ing the following:
‘‘(c) CLASSIFICATION OF CREDENTIALS.—The Sec-
6 retary may classify the merchant mariner credential issued
7 under subsection (a) based on—
8
9
‘‘(1) the tonnage and means of propulsion of
vessels;
10
11
‘‘(2) the waters on which vessels are to be operated; or
12
13
‘‘(3) other appropriate standards.
‘‘(d) QUALIFICATIONS.—To qualify for a credential
14 under this section, an applicant shall provide satisfactory
15 proof that the applicant—
16
‘‘(1) is at least 18 years of age;
17
‘‘(2) has a minimum of 6-months service in the
18
related entry rating;
19
‘‘(3) is qualified professionally as demonstrated
20
by an applicable examination or educational require-
21
ments; and
22
‘‘(4) is qualified as to sight, hearing, and phys-
23
ical condition to perform the member’s duties.’’; and
24
(6) by amending section 7315 to read as fol-
25
lows:
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1 ‘‘§ 7315. Training
2
‘‘(a) NAUTICAL SCHOOL PROGRAM.—Graduation
3 from a nautical school program may be substituted for the
4 sea service requirements under sections 7307 through
5 7311a and 7313 of this title.
6
‘‘(b) OTHER APPROVED TRAINING PROGRAMS.—The
7 satisfactory completion of a training program approved by
8 the Secretary may be substituted for not more than one9 half of the sea service requirements under sections 7307
10 through 7311a and 7313 of this title in accordance with
11 subsection (c).
12
‘‘(c) TRAINING DAYS.—For purposes of subsection
13 (b), training days undertaken in connection with training
14 programs approved by the Secretary may be substituted
15 for days of required sea service under sections 7307
16 through 7311a and 7313 of this title as follows:
17
‘‘(1) Each shore-based training day in the form
18
of classroom lectures may be substituted for 2 days
19
of sea service requirements.
20
‘‘(2) Each training day of laboratory training,
21
practical demonstrations, and other similar training,
22
may be substituted for 4 days of sea service require-
23
ments.
24
‘‘(3) Each training day of full mission simulator
25
training may be substituted for 6 days of sea service
26
requirements.
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1
‘‘(4) Each training day underway on a vessel
2
while enrolled in an approved training program may
3
be substituted for 11⁄2 days of sea service require-
4
ments, as long as—
5
‘‘(A) the structured training provided while
6
underway on a vessel is—
7
‘‘(i) acceptable to the Secretary as
8
part of the approved training program; and
9
‘‘(ii) fully completed by the individual;
10
and
11
‘‘(B) the tonnage of such vessel is appro-
12
13
priate to the endorsement being sought.
‘‘(d) DEFINITION.—In this section, the term ‘training
14 day’ means a day that consists of not less than 7 hours
15 of training.’’.
16
(e) IMPLEMENTATION.—
17
(1) IN GENERAL.—The Secretary of the depart-
18
ment in which the Coast Guard is operating shall
19
implement the requirements under subsection (c) of
20
section 7306 of title 46, United States Code (as
21
amended by this section), without regard to chapters
22
5 and 6 of title 5, United States Code, and Execu-
23
tive Orders 12866 and 13563 (5 U.S.C. 601 note).
24
(2) SECTION 7315.—The Secretary of the de-
25
partment in which the Coast Guard is operating
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1
shall implement the requirements of section 7315 of
2
title 46, United States Code, as amended by this
3
subsection, without regard to chapters 5 and 6 of
4
title 5, United States Code, and Executive Orders
5
12866 and 13563 (5 U.S.C. 601 note) and 14094
6
(88 Fed. Reg. 21879).
7
(f) REPEAL.—Section 7314 of title 46, United States
8 Code, and the item relating to such section in the analysis
9 for chapter 73 of such title, are repealed.
10
(g) AMENDMENTS TO CHAPTER 75.—Chapter 75 of
11 title 46, United States Code, is amended—
12
(1) in section 7507 by adding at the end the
13
following:
14
‘‘(d) RENEWAL.—With respect to any renewal of an
15 active merchant mariner credential issued under this part
16 that is not an extension under subsection (a) or (b), such
17 credential shall begin the day after the expiration of the
18 active credential of the credential holder.’’;
19
(2) in section 7510(c)—
20
(A) in the subsection heading by striking
21
‘‘EXAM REVIEW’’ and inserting ‘‘WORKING
22
GROUP’’;
23
(B) in paragraph (1)—
24
25
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2495
1
(ii) by striking ‘‘Coast Guard Author-
2
ization Act of 2016’’ and insert ‘‘Coast
3
Guard Authorization Act of 2025’’;
4
(iii) by striking ‘‘new questions for in-
5
clusion in’’ and inserting ‘‘questions, con-
6
tent, and relevancy of’’;
7
(iv) by redesignating subparagraphs
8
(E), (F), and (G) as subparagraphs (G),
9
(H), and (I), respectively; and
10
(v) by inserting after subparagraph
11
(D) the following:
12
‘‘(E) at least 2 individuals that have taken
13
and passed the examination in the 5 years be-
14
fore the commissioning of the working group;
15
16
17
‘‘(F) at least 1 representative from the
United States Merchant Marine Academy;’’;
(C) in paragraph (4)—
18
(i) in the paragraph heading by strik-
19
ing ‘‘BASELINE REVIEW’’ and inserting
20
‘‘REVIEW’’;
21
(ii) in subparagraph (A)—
22
(I) by striking ‘‘Within 1 year’’
23
and inserting ‘‘Not later than 270
24
days’’;
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1
(II) by striking ‘‘Coast Guard
2
Authorization Act of 2016’’ and in-
3
serting ‘‘Coast Guard Authorization
4
Act of 2025’’;
5
(III) by striking ‘‘Secretary’’ and
6
inserting ‘‘Commandant’’;
7
(IV) by redesignating clauses (i),
8
(ii), (iii), and (iv) as clauses (ii), (iii),
9
(iv), and (vii), respectively;
10
(V) in clause (iv), as so redesig-
11
nated, by striking ‘‘; and’’ and insert-
12
ing a semicolon;
13
(VI) by inserting before clause
14
(ii) the following:
15
‘‘(i) industry standards, practices, and
16
technology to be considered in the Mer-
17
chant Mariner Credentialing Examina-
18
tion;’’; and
19
(VII) by inserting after clause
20
(iv) the following:
21
‘‘(v) the relevancy of examination top-
22
ics and contents;
23
‘‘(vi) any redundancy of core com-
24
petencies between the Merchant Mariner
25
Credentialing Examination and Standards
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1
of
2
Watchingkeeping competencies; and’’; and
3
(iii) by striking subparagraph (B) and
Training,
Certification,
4
inserting the following:
5
‘‘(B) REPORT
TO
and
COMMANDANT.—Upon
6
completion of the review under this paragraph,
7
a report shall be provided to the Commandant
8
which shall include findings of the review with
9
recommendations for updates to the Merchant
10
Marine Credentialling Examination.’’;
11
12
(D) by striking paragraphs (3), (5), and
(8);
13
(E) by redesignating paragraphs (4) and
14
(9) as paragraphs (5) and (8), respectively; and
15
(F) by inserting after paragraph (2) the
16
following:
17
‘‘(3) MEETING OF WORKING GROUP.—
18
‘‘(A) IN
GENERAL.—The
Commandant
19
shall convene the working group annually or at
20
the creation of new examination questions,
21
whichever occurs sooner.
22
‘‘(B) REMOTE PARTICIPATION.—The Com-
23
mandant shall allow any member of the working
24
group to participate remotely if the member of
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1
the working group does not have the means to
2
participate in person.
3
‘‘(4) USE OF QUESTIONS.—The Commandant
4
may not use questions developed for use in the Mer-
5
chant Mariner Credentialing Examination until such
6
questions are reviewed and approved by the working
7
group.’’;
8
(3) in section 7511(a)—
9
(A) in paragraph (1) by striking ‘‘or’’;
10
(B) in paragraph (2) by striking ‘‘State,
11
local, or Tribal law’’ and inserting ‘‘Federal,
12
State, local, or Tribal law’’;
13
(C) by redesignating paragraph (2) as
14
paragraph (3); and
15
(D) by inserting after paragraph (1) the
16
following:
17
‘‘(2) section 920 or 920b of title 10 (article 120
18
and 120b of the Uniform Code of Military Justice);
19
or’’; and
20
(4) by adding at the end the following:
21 ‘‘§ 7512. Requirements of electronic merchant mar22
iner credentialing system
23
‘‘(a) DEFINITION OF MERCHANT MARINER CREDEN-
24
TIAL.—In this section, the term ‘merchant mariner cre-
25 dential’ means a merchant mariner license, certificate, or
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1 document that the Secretary is authorized to issue pursu2 ant to this title.
3
‘‘(b)
NECESSARY
CONSIDERATIONS.—In
imple-
4 menting any electronic merchant mariner credentialing
5 system for purposes of this chapter, the Secretary shall
6 consider how to allow, to the maximum extent prac7 ticable—
8
‘‘(1) the electronic submission of the compo-
9
nents of merchant mariner credential applications
10
(such as sea service documentation, professional
11
qualifications, course completion certificates, safety
12
and suitability documents, and medical records) and
13
course approval requests;
14
15
‘‘(2) the direct electronic and secure submission
of—
16
‘‘(A) sea service verification documentation
17
from employers;
18
‘‘(B) course completion certificates from
19
training providers; and
20
‘‘(C) necessary documentation from other
21
stakeholders; and
22
‘‘(3) the electronic processing and evaluation of
23
information for the issuance of merchant mariner
24
credentials and course approvals, including the capa-
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1
bility for the Secretary to complete remote evalua-
2
tion of information submitted through the system.
3
‘‘(c) ACCESS TO DATA.—The Secretary shall ensure
4 that the Maritime Administration and other Federal agen5 cies, as authorized by the Secretary, have access to
6 anonymized and aggregated data from the electronic sys7 tem described in subsection (b) and that such data in8 clude, at a minimum—
9
10
‘‘(1) the total amount of sea service for individuals with a valid merchant mariner credential;
11
‘‘(2) the number of mariners with valid mer-
12
chant mariner credentials for each rating, including
13
the capability to filter data based on credential en-
14
dorsements;
15
16
‘‘(3) demographic information including age,
gender, and region or address;
17
‘‘(4) the estimated times for the Coast Guard
18
to process merchant mariner credential applications,
19
mariner medical certificates, and course approvals;
20
‘‘(5) the number of providers approved to pro-
21
vide training for purposes of this part and, for each
22
such training provider, the number of classes taken
23
by individuals with, or applying for, a merchant
24
mariner credential; and
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1
‘‘(6) if applicable, the branch of the uniformed
2
services (as defined in section 101(a) of title 10) and
3
duty status of applicants for a merchant mariner
4
credential.
5
‘‘(d) PRIVACY REQUIREMENTS.—The Secretary shall
6 collect the information required under subsection (b) in
7 a manner that protects the privacy rights of individuals
8 who are the subjects of such information.’’.
9
(h) PLAN.—
10
(1) REQUIREMENT.—Not later than 270 days
11
after the completion of the review under paragraph
12
(4) of subsection (c), the Commandant shall develop
13
a plan to update and modernize the Merchant Mar-
14
iner Credentialing Examination and implement the
15
recommendations developed by the review under
16
such paragraph.
17
(2) CONTENTS.—The plan developed under
18
paragraph (1) shall not diminish demonstrated com-
19
petency standards and shall include—
20
(A) the elimination of redundant topics be-
21
tween the Merchant Mariner Credentialing Ex-
22
amination and other examinations required to
23
obtain a Merchant Mariner Credential;
24
(B) the elimination or updating of out-
25
dated topics, contents, core competencies, or
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1
questions covered by the Merchant Mariner
2
Credentialing Examination;
3
(C) the modernization of testing proce-
4
dures consistent with contemporary procedures
5
for standardized testing administration and
6
evaluation; and
7
(D) the development of methods to analyze
8
examination data related to the effectiveness of
9
questions in determining competency.
10
(3) COORDINATION.—In developing the plan
11
under paragraph (1), the Commandant shall develop
12
such plan in consultation with the working group
13
and individuals with expertise in modern best prac-
14
tices for relevant standardized testing.
15
(4) BRIEFING REQUIRED.—Not later than 1
16
year after the date of enactment of the Coast Guard
17
Authorization Act of 2025, the Coast Guard shall
18
provide to the Committee on Transportation and In-
19
frastructure of the House of Representatives and the
20
Committee on Commerce, Science, and Transpor-
21
tation of the Senate a briefing on the review and
22
plan developed under this subsection.
23
(i)
AMENDMENTS
TO
CHAPTER
77.—Section
24 7702(d)(1) of title 46, United States Code, is amended—
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1
(1) in subparagraph (B) by redesignating
2
clauses (i) through (iv) as subclauses (I) through
3
(IV), respectively (and by conforming the margins
4
accordingly);
5
(2) by redesignating subparagraphs (A) and
6
(B) as clauses (i) and (ii), respectively (and by con-
7
forming the margins accordingly);
8
9
(3) by striking ‘‘an individual if—’’ and inserting the following: ‘‘ ‘an individual—
10
‘‘(A) if—’’;
11
(4) in subparagraph (A)(ii)(IV), as so redesig-
12
nated, by striking the period at the end and insert-
13
ing ‘‘; or’’; and
14
(5) by adding at the end the following:
15
‘‘(B) if there is probable cause to believe
16
that the individual has violated company policy
17
and is a security risk that poses a threat to
18
other individuals on the vessel.’’.
19
(j) CLERICAL AMENDMENTS.—
20
(1) CHAPTER 73.—The analysis for chapter 73
21
of title 46, United States Code, is amended by strik-
22
ing the item relating to section 7306 and inserting
23
the following:
‘‘7306. General requirements and classifications for members of deck departments.’’.
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1
(2) CHAPTER 75.—The analysis for chapter 75
2
of title 46, United States Code, is amended by add-
3
ing at the end the following:
‘‘7512. Requirements of electronic merchant mariner credentialing system.’’.
4
(k) TECHNICAL AND CONFORMING AMENDMENTS.—
5
(1) TITLE 46.—Title 46, United States Code, is
6
amended—
7
(A) in section 2101(48)(B), as redesig-
8
nated by subsection (a), by striking ‘‘; and’’ and
9
inserting ‘‘; or’’;
10
(B) in section 2113(3) by striking ‘‘section
11
2101(53)(A)’’
12
2101(55)(A)’’;
and
inserting
‘‘section
13
(C) in section 3202(a)(1)(A) by striking
14
‘‘section 2101(29)(A)’’ and inserting ‘‘section
15
2101(31)(A)’’;
16
(D) in section 3507(k)(1) by striking ‘‘sec-
17
tion
18
2101(33)’’;
19
2101(31)’’
and
inserting
‘‘section
(E) in section 4105(d) by striking ‘‘section
20
2101(53)(A)’’
21
2101(55)(A)’’;
and
inserting
‘‘section
22
(F) in section 12119(a)(3) by striking
23
‘‘section 2101(26)’’ and inserting ‘‘section
24
2101(28)’’; and
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1
(G) in section 51706(c)(6)(C)(ii) by strik-
2
ing ‘‘section 2101(24)’’ and inserting ‘‘section
3
2101(26)’’.
4
(2) OTHER LAWS.—
5
(A) Section 3(3) of the Magnuson-Stevens
6
Fishery Conservation and Management Act (16
7
U.S.C.
8
‘‘2101(30) of title 46’’ and inserting ‘‘2101 of
9
title 46’’.
1802(3))
is
amended
by
striking
10
(B) Section 1992(d)(7) of title 18, United
11
States Code, is amended by striking ‘‘section
12
2101(31) of title 46’’ and inserting ‘‘section
13
2101 of title 46’’.
14
(C) Section 311(a)(26)(D) of the Federal
15
Water
16
1321(a)(26)(D)) is amended by striking ‘‘sec-
17
tion 2101(23)’’ and inserting ‘‘section 2101’’.
18
Pollution
Control
Act
(33
U.S.C.
(D) Section 1101 of title 49, United States
19
Code,
20
2101(23)’’ and inserting ‘‘Section 2101(24)’’.
21
22
is
amended
by
striking
‘‘Section
SEC. 7302. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry
23 National Defense Authorization Act for Fiscal Year 2021
24 (Public Law 116–283) is amended by striking ‘‘2025’’ and
25 inserting ‘‘2027’’.
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1
Subtitle B—Vessel Safety
2
SEC. 7311. GROSSLY NEGLIGENT OPERATIONS OF A VES-
3
4
SEL.
Section 2302(b) of title 46, United States Code, is
5 amended to read as follows:
6
‘‘(b) GROSSLY NEGLIGENT OPERATION.—
7
‘‘(1) MISDEMEANOR.—A person operating a
8
vessel in a grossly negligent manner that endangers
9
the life, limb, or property of a person commits a
10
class A misdemeanor.
11
‘‘(2) FELONY.—A person operating a vessel in
12
a grossly negligent manner that results in serious
13
bodily injury, as defined in section 1365(h)(3) of
14
title 18—
15
‘‘(A) commits a class E felony; and
16
‘‘(B) may be assessed a civil penalty of not
17
18
more than $35,000.’’.
SEC. 7312. PERFORMANCE DRIVEN EXAMINATION SCHED-
19
20
ULE.
(a) AMENDMENTS.—Section 3714 of title 46, United
21 States Code, is amended—
22
(1) in subsection (a)(1) by striking ‘‘The Sec-
23
retary’’ and inserting ‘‘Except as provided in sub-
24
section (c), the Secretary’’;
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1
2
(2) by redesignating subsection (c) as subsection (d); and
3
(3) by inserting after subsection (b) the fol-
4
lowing:
5
‘‘(c) PERFORMANCE-DRIVEN EXAMINATION SCHED-
6
ULE.—
7
‘‘(1) IN GENERAL.—With respect to examina-
8
tions of foreign vessels to which this chapter applies,
9
and subject to paragraph (3), the Secretary may
10
adopt a performance-driven examination schedule to
11
which such vessels are to be examined and the fre-
12
quency with which such examinations occur, includ-
13
ing the frequency of examinations for each vessel.
14
Such schedule shall be consistent with the Sec-
15
retary’s assessment of the safety performance of
16
such vessels, including each vessel participating in
17
the performance-driven examination schedule, in ac-
18
cordance with paragraph (2).
19
‘‘(2) CONSIDERATIONS.—In developing an ex-
20
amination schedule under paragraph (1) and subject
21
to paragraph (3), with respect to each vessel in de-
22
termining eligibility to participate in the perform-
23
ance based examination schedule—
24
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‘‘(A) the Secretary shall consider—
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1
‘‘(i) certificate of compliance and ex-
2
amination history, to include those con-
3
ducted by foreign countries;
4
5
‘‘(ii) history of violations, vessel detentions, incidents, and casualties;
6
7
‘‘(iii) history of notices of violation
issued by the Coast Guard;
8
‘‘(iv) safety related information pro-
9
vided by the flag state of the vessel;
10
‘‘(v) owner and operator history;
11
‘‘(vi) historical classification society
12
data, which may include relevant surveys;
13
‘‘(vii) cargo-specific documentation;
14
‘‘(viii) data from port state control
15
safety exams; and
16
‘‘(ix) relevant repair and maintenance
17
history; and
18
‘‘(B) the Secretary may consider—
19
‘‘(i) data from relevant vessel quality
20
assurance and risk assessment programs
21
including Quality Shipping for the 21st
22
Century (QUALSHIP 21);
23
24
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1
‘‘(iii) data from vessel self assess-
2
ments submitted to the International Mari-
3
time Organization or other maritime orga-
4
nizations; and
5
‘‘(iv) other safety relevant data or in-
6
formation as determined by the Secretary.
7
‘‘(3) ELIGIBILITY.—In developing an examina-
8
tion schedule under paragraph (1), the Secretary
9
shall not consider a vessel eligible to take part in a
10
performance-driven
11
paragraph (1) if, within the last 36 months, the ves-
12
sel has—
examination
schedule
under
13
‘‘(A) been detained by the Coast Guard;
14
‘‘(B) a record of a violation issued by the
15
Coast Guard against the owners or operators
16
with a finding of proved; or
17
‘‘(C) suffered a marine casualty that, as
18
determined by the Secretary, involves the safe
19
operation of the vessel and overall performance
20
of the vessel.
21
‘‘(4) RESTRICTIONS.—The Secretary may not
22
adopt a performance-driven examination schedule
23
under paragraph (1) until the Secretary has—
24
25
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‘‘(A)
conducted
the
assessment
rec-
ommended in the Government Accountability
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2510
1
Office report submitted under section 8254(a)
2
of the William M. (Mac) Thornberry National
3
Defense Authorization Act for Fiscal Year 2021
4
(Public Law 116–283);
5
‘‘(B) concluded through such assessment
6
that a performance-driven examination schedule
7
provides not less than the level of safety pro-
8
vided by the annual examinations required
9
under subsection (a)(1); and
10
‘‘(C) provided the results of such assess-
11
ment to the Committee on Commerce, Science,
12
and Transportation of the Senate and the Com-
13
mittee on Transportation and Infrastructure of
14
the House of Representatives.’’.
15
(b) CAREER INCENTIVE PAY FOR MARINE INSPEC-
16
TORS.—Subsection (a) of section 11237 of the James M.
17 Inhofe National Defense Authorization Act for Fiscal Year
18 2023 (37 U.S.C. 352 note) is amended as follows:
19
‘‘(a) AUTHORITY TO PROVIDE ASSIGNMENT PAY OR
20 SPECIAL DUTY PAY.—For the purposes of addressing an
21 identified shortage of marine inspectors, the Secretary
22 may provide assignment pay or special duty pay under sec23 tion 352 of title 37, United States Code, to a member of
24 the Coast Guard serving in a prevention position that—
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‘‘(1) is assigned in support of or is serving as
2
a marine inspector pursuant to section 312 of title
3
14, United States Code; and
4
‘‘(2) is assigned to a billet that is difficult to fill
5
due to geographic location, requisite experience or
6
certifications, or lack of sufficient candidates, as de-
7
termined by the Commandant, in an effort to ad-
8
dress inspector workforce gaps.’’.
9
(c) BRIEFING.—Not later than 6 months after the
10 date of enactment of this Act, and annually for 2 years
11 after the date on which an implementation of a perform12 ance-driven examination schedule program under section
13 3714(c) of title 46, United States Code, the Commandant
14 shall brief the Committee on Commerce, Science, and
15 Transportation of the Senate and the Committee on
16 Transportation and Infrastructure of the House of Rep17 resentatives on—
18
(1) the status of utilizing the performance-driv-
19
en examination schedule program, including the
20
quantity of examinations conducted and duration be-
21
tween examinations for each individual vessel exam-
22
ined under the performance-driven examination
23
schedule;
24
(2) an overview of the size of the Coast Guard
25
marine inspector workforce, including any personnel
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shortages assessed by the Coast Guard, for inspec-
2
tors that conduct inspections under section 3714 of
3
such title; and
4
(3) recommendations for the inspection, govern-
5
ance, or oversight of vessels inspected under section
6
3714 of such title.
7
8
SEC. 7313. FISHING SAFETY TRAINING AND RESEARCH.
Section 4502 of title 46, United States Code, is
9 amended—
10
(1) in subsection (i)(4) by striking ‘‘fiscal year
11
2023’’ and inserting ‘‘ each of fiscal years 2026, and
12
2027’’; and
13
(2) in subsection (j)(4) by striking ‘‘fiscal year
14
2023’’ and inserting ‘‘each of fiscal years 2026, and
15
2027.’’.
16
SEC. 7314. DESIGNATING PILOTAGE WATERS FOR THE
17
18
STRAITS OF MACKINAC.
(a) IN GENERAL.—Section 9302(a)(1)(A) of title 46,
19 United States Code, is amended by striking ‘‘in waters’’
20 and inserting ‘‘in the Straits of Mackinac and in all other
21 waters’’.
22
(b) DEFINITION OF THE STRAITS OF MACKINAC.—
23 Section 9302 of title 46, United States Code, is amended
24 by adding at the end the following:
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1
‘‘(g) DEFINITION OF THE STRAITS OF MACKINAC.—
2 In this section, the term ‘Straits of Mackinac’ includes all
3 of the United States navigable waters bounded by lon4 gitudes 84 degrees 20 minutes west and 85 degrees 10
5 minutes west and latitudes 45 degrees 39 minutes north
6 and 45 degrees 54 minutes north, including Gray’s Reef
7 Passage, the South Channel, and Round Island Passage,
8 and approaches thereto.’’.
9
10
SEC. 7315. REQUIREMENT TO REPORT SEXUAL OFFENSES.
Section 10104 of title 46, United States Code, is
11 amended—
12
(1) in subsection (a)(1) by striking ‘‘harass-
13
ment, sexual harassment, or sexual assault in viola-
14
tion of employer policy or law’’ and inserting ‘‘sexual
15
harassment or sexual assault in violation of employer
16
policy or law or harassment’’; and
17
18
(2) by adding at the end the following:
‘‘(h) HARASSMENT DEFINED.—In this section, the
19 term ‘harassment’ means—
20
‘‘(1)(A) unwelcome remarks about an individ-
21
ual’s race, color, religion, sex, national origin, age,
22
disability, genetic information, or other physical or
23
physiological attribute, or other unwelcome verbal or
24
physical conduct towards an individual based on 1 or
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1
more of those categories, as prohibited by any Fed-
2
eral law, including—
3
‘‘(i) title VII of the Civil Rights Act
4
of 1964 (42 U.S.C. 2000e et seq.);
5
‘‘(ii) the Age Discrimination in Em-
6
ployment Act of 1967 (29 U.S.C. 621 et
7
seq.);
8
‘‘(iii) the Americans with Disabilities
9
Act of 1990 (42 U.S.C. 12101 et seq.);
10
and
11
‘‘(iv) title II of the Genetic Informa-
12
tion Nondisclosure Act (42 U.S.C. 2000ff
13
et seq.); and
14
‘‘(B)(i) submission to such remarks or con-
15
duct is made either explicitly or implicitly a
16
term or condition of employment, pay, career,
17
benefits, or entitlements of an individual; or
18
‘‘(ii) submission to or rejection of such re-
19
marks or conduct by an individual is used as
20
the basis for decisions affecting that individ-
21
ual’s job, pay, career, benefits, or entitlements;
22
or
23
‘‘(iii) such remarks or conduct have the
24
purpose or effect of unreasonably interfering
25
with an individual’s work performance; and
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‘‘(C) such remarks or conduct are so se-
2
vere or pervasive that a reasonable person
3
would perceive, and the alleged harassed indi-
4
vidual does perceive, the environment as hostile
5
or offensive.
6
‘‘(i) RESPONSE TO INCIDENTS.—Nothing in this sec-
7 tion shall be construed to impede the ability of the respon8 sible entity of the vessel to take immediate personnel ac9 tion in response to an incident described in subsection
10 (a)(1) to preserve the safety and security of individuals
11 on the vessel.
12
‘‘(j) EDUCATION AND OUTREACH.—Not later than 1
13 year after the date of the enactment of this Act, the Coast
14 Guard, after consultation with the Equal Employment Op15 portunity Commission (referred to in this subsection as
16 the ‘Commission’), shall—
17
‘‘(1) develop and disseminate informational
18
guidance to seafarers, vessel owners and operators,
19
employers of seafarers, and other relevant stake-
20
holders, which shall—
21
‘‘(A) describe, in general terms—
22
23
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1
‘‘(ii) the role of the Commission in ad-
2
dressing employment discrimination com-
3
plaints; and
4
‘‘(B)
identify
the
publicly
available
5
websites and contact information for the Com-
6
mission; and
7
‘‘(2) make available trainings or other presen-
8
tations to inform seafarers of employment and anti-
9
discrimination rights under the laws administered by
10
the Coast Guard and the Commission.’’.
11
SEC. 7316. REQUIREMENTS FOR CERTAIN FISHING VESSELS
12
13
AND FISH TENDER VESSELS.
(a) EXCEPTIONS TO REGULATIONS FOR TOWING
14 VESSELS.—
15
(1) IN GENERAL.—The Secretary of the depart-
16
ment in which the Coast Guard is operating, acting
17
through the relevant Officer in Charge, Marine In-
18
spection, may grant temporary waivers from the
19
towing vessel requirements of chapters 33 and 89 of
20
title 46, United States Code, including the regula-
21
tions issued under such chapters, for fishing vessels
22
and fish tender vessels.
23
(2) APPLICATION.—A temporary waiver issued
24
under paragraph (1) shall be issued at the discretion
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of the relevant Officer in Charge, Marine Inspection
2
to a fishing vessel or fish tender vessel that—
3
(A) performs towing operations of net
4
pens, and associated work platforms, to or from
5
aquaculture or hatchery worksites;
6
(B) is less than 200 gross tons;
7
(C) does not tow a net pen, or associated
8
work platform, that is carrying cargo or haz-
9
ardous material, including oil, on board;
10
11
(D) is operating shoreward of the Boundary Line in either—
12
(i) Southeast Alaska; or
13
(ii) Prince William Sound; and
14
(E) complies with all applicable laws for its
15
use in the usual purpose for which it is nor-
16
mally and substantially operated, including any
17
applicable inspection requirements under sec-
18
tion 3301 of title 46, United States Code, and
19
exemptions under section 3302 of such title.
20
(3) IMPLEMENTATION.—
21
(A) REQUEST PROCESS.—The owner or op-
22
erator of a fishing vessel or fish tender vessel
23
seeking a waiver under paragraph (1) shall sub-
24
mit a request to the relevant Officer in Charge,
25
Marine Inspection.
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(B) CONTENTS.—The request submitted
2
under subparagraph (A) shall include—
3
(i) a description of the intended tow-
4
ing operations;
5
(ii) the time periods and frequency of
6
the intended towing operations;
7
(iii) the location of the intended oper-
8
ations;
9
(iv) a description of the manning of
10
the fishing vessel or fish tender vessel dur-
11
ing the intended operations; and
12
(v) any additional safety, operational,
13
or other relevant information requested by
14
the relevant Officer in Charge, Marine In-
15
spection.
16
(4) POLICY.—The Secretary of the department
17
in which the Coast Guard is operating may issue
18
policy to facilitate the implementation of this sub-
19
section.
20
(5) DEFINITIONS.—In this subsection:
21
(A) BOUNDARY LINE.—The term ‘‘Bound-
22
ary Line’’ has the meaning given such term in
23
section 103 of title 46, United States Code.
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(B) FISHING VESSEL.—The term ‘‘fishing
2
vessel’’ has the meaning given such term in sec-
3
tion 2101 of title 46, United States Code.
4
(C) FISH
TENDER
VESSEL.—The
term
5
‘‘fish tender vessel’’ has the meaning given such
6
term in section 2101 of title 46, United States
7
Code.
8
(D) OFFICER IN CHARGE, MARINE INSPEC-
9
TION.—The
10
Inspection’’ has the meaning given such term in
11
section 3305 of title 46, United States Code.
term ‘‘Officer in Charge, Marine
12
(E) PRINCE WILLIAM SOUND.—The term
13
‘‘Prince William Sound’’ means all State and
14
Federal waters within Prince William Sound,
15
Alaska,
16
Hinchenbrook Entrance out to, and encom-
17
passing, Seal Rocks.
18
(F)
including
SOUTHEAST
the
approach
ALASKA.—The
to
term
19
‘‘Southeast Alaska’’ means the area along the
20
coast of the State of Alaska from latitude 54
21
degrees 40 minutes 00 seconds North to 60 de-
22
grees 18 minutes 24 seconds North.
23
(6) SUNSET.—The authorities under this sec-
24
tion shall expire on January 1, 2027.
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(b) LOAD LINES.—Section 11325(a) of the James M.
2 Inhofe National Defense Authorization Act for Fiscal Year
3 2023 (Public Law 117–263; 136 Stat. 4095) is amended
4 by striking ‘‘3’’ and inserting ‘‘5’’.
5
6
SEC. 7317. STUDY OF AMPHIBIOUS VESSELS.
(a) IN GENERAL.—The Commandant shall conduct
7 a study to determine the applicability of current safety
8 regulations that apply to commercial amphibious vessels.
9
(b) ELEMENTS.—The study required under sub-
10 section (a) shall include the following:
11
(1) An overview and analysis that identifies
12
safety regulations that apply to commercial amphib-
13
ious vessels.
14
(2) An evaluation of whether safety gaps and
15
risks exist associated with the application of regula-
16
tions identified in paragraph (1) to the operation of
17
commercial amphibious vessels.
18
(3) An evaluation of whether aspects of the reg-
19
ulations established in section 11502 of the James
20
M. Inhofe National Defense Authorization Act for
21
Fiscal Year 2023 (46 U.S.C. 3306 note) should
22
apply to amphibious commercial vessels.
23
(4) Recommendations on potential regulations
24
that should apply to commercial amphibious vessels.
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(c) REPORT.—Not later than 1 year after the date
2 of enactment of this Act, the Commandant shall submit
3 to the Committee on Transportation and Infrastructure
4 of the House of Representatives and the Committee on
5 Commerce, Science, and Transportation of the Senate a
6 report containing the findings, conclusions, and rec7 ommendations from the study required under subsection
8 (a).
9
(d) DEFINITION OF AMPHIBIOUS VESSEL.—In this
10 section, the term ‘‘amphibious vessel’’ means a vessel
11 which is operating as a small passenger vessel in waters
12 subject to the jurisdiction of the United States, as defined
13 in section 2.38 of title 33, Code of Federal Regulations
14 (or a successor regulation), and is operating as a motor
15 vehicle as defined in section 216 of the Clean Air Act (42
16 U.S.C. 7550) and that is not a DUKW amphibious pas17 senger vessel as defined in section 11502 of the James
18 M. Inhofe National Defense Authorization Act for Fiscal
19 Year 2023 (46 U.S.C. 3306 note).
20
21
SEC. 7318. ST. LUCIE RIVER RAILROAD BRIDGE.
Regarding Docket Number USCG–2022–0222, be-
22 fore adopting a final rule, the Commandant shall conduct
23 an independent boat traffic study at mile 7.4 of the St.
24 Lucie River.
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Subtitle C—Ports
2
SEC. 7321. PORTS AND WATERWAYS SAFETY.
3
(a) IN GENERAL.—Section 8343 of the William M.
4 (Mac) Thornberry National Defense Authorization Act for
5 Fiscal Year 2021 (46 U.S.C. 70034 note) is amended—
6
7
(1) by striking ‘‘2-year pilot program’’ and inserting ‘‘pilot program’’;
8
9
(2) by redesignating subsection (c) as subsection (d); and
10
(3) by inserting after subsection (b) the fol-
11
lowing:
12
‘‘(c) AUTHORIZATION.—The pilot program under
13 subsection (a) is authorized for fiscal years 2026, 2027,
14 2028, 2029, 2030, 2031, and 2032.’’.
15
(b) VESSEL TRAFFIC SERVICES.—
16
17
(1) IN GENERAL.—Section 70001 of title 46,
United States Code, is amended—
18
(A) in subsection (f)(3)(A)—
19
20
(i) in clause (vi), by inserting ‘‘ice
cover,’’ after ‘‘weather,’’; and
21
(ii)
in
clause
(vii),
by
striking
22
‘‘Weather data, in coordination with’’ and
23
inserting ‘‘Weather data and information,
24
in coordination with the Administrator of’’;
25
and
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1
(B) in subsection (j)(2)(A)—
2
(i) in clause (vi), by inserting ‘‘ice
3
cover,’’ after ‘‘weather,’’; and
4
(ii)
in
clause
(vii),
by
striking
5
‘‘Weather data, in coordination with’’ and
6
inserting ‘‘Weather data and information,
7
in coordination with the Administrator of’’.
8
(2) STAFFING.—Not later than 90 days after
9
the date of enactment of this Act, the Secretary
10
shall submit to the appropriate committees of Con-
11
gress—
12
(A) an up-to-date analysis of vessel traffic
13
service center staffing levels compared to the
14
standards for such staffing levels provided in
15
the most recent Vessel Traffic Services National
16
Standards for Operating published by the Com-
17
mandant of the Coast Guard;
18
(B) a plan to, not later than 180 days
19
after the date of enactment of this Act, fill any
20
shortfalls in vessel traffic service center staffing
21
levels compared to such standards; and
22
(C) a plan to ensure that vessel traffic
23
service centers are adequately staffed to man-
24
age local variances under section 70001(c) of
25
title 46, United States Code, and other risk fac-
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1
tors which may include weather, ice conditions,
2
and other effects on vessel traffic and waters
3
under the jurisdiction of the Coast Guard.
4
(3) REPORT ON TRANSITION TO FIBER AND
5
SATELLITE DATA COVERAGE.—Not
6
days after the date of enactment of this Act, the
7
Commandant shall submit a detailed report to the
8
appropriate committees of Congress on a plan to
9
transition cameras and other data collection sources
10
used for Vessel Traffic Services to fiber or satellite
11
connection, as appropriate.
12
later than 30
(4) DEFINITIONS.—In this subsection:
13
(A) APPROPRIATE COMMITTEES OF CON-
14
GRESS.—The term ‘‘appropriate committees of
15
Congress’’ means—
16
(i) the Committee on Commerce,
17
Science, and Transportation of the Senate;
18
and
19
(ii) the Committee on Transportation
20
and Infrastructure of the House of Rep-
21
resentatives.
22
(B) SECRETARY.—The term ‘‘Secretary’’
23
means the Secretary of the department in which
24
the Coast Guard is operating.
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1
(C) VESSEL TRAFFIC SERVICE CENTER.—
2
The term ‘‘vessel traffic service center’’ has the
3
meaning given such term in section 70001(n) of
4
title 46, United States Code.
5
(c) WATERFRONT SAFETY.—Section 70011(a) of
6 title 46, United States Code, is amended—
7
(1) in paragraph (1) by inserting ‘‘, including
8
damage or destruction resulting from cyber inci-
9
dents, transnational organized crime, or foreign
10
state threats’’ after ‘‘adjacent to such waters’’; and
11
(2) in paragraph (2) by inserting ‘‘or harm re-
12
sulting from cyber incidents, transnational organized
13
crime, or foreign state threats’’ after ‘‘loss’’.
14
(d) FACILITY VISIT BY STATE SPONSOR OF TER-
15
RORISM.—Section
70011(b) of title 46, United States
16 Code, is amended—
17
18
(1) in paragraph (3) by striking ‘‘and’’ at the
end;
19
20
(2) in paragraph (4) by striking the period at
the end and inserting ‘‘; and’’; and
21
(3) by adding at the end the following:
22
‘‘(5) prohibiting a representative of a govern-
23
ment of country that the Secretary of State has de-
24
termined has repeatedly provided support for acts of
25
international terrorism under section 620A of the
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1
Foreign Assistance Act of 1961 (22 U.S.C. 2371)
2
from visiting a facility for which a facility security
3
plan is required under section 70103(c).’’.
4
(e) GREAT LAKES SAINT LAWRENCE SEAWAY NAVI-
5
GATION.—Section 70032 of title 46, United States Code,
6 is amended to read as follows:
7 ‘‘§ 70032. Delegation of ports and waterways authori8
9
ties in Saint Lawrence Seaway
‘‘(a) IN GENERAL.—Except as provided in subsection
10 (b), the authority granted to the Secretary under sections
11 70001, 70002, 70003, 70004, and 70011 may not be dele12 gated with respect to the Saint Lawrence Seaway to any
13 agency other than the Great Lakes St. Lawrence Seaway
14 Development Corporation. Any other authority granted
15 the Secretary under subchapters I through III and this
16 subchapter shall be delegated by the Secretary to the
17 Great Lakes St. Lawrence Seaway Development Corpora18 tion to the extent the Secretary determines such delega19 tion is necessary for the proper operation of the Saint
20 Lawrence Seaway.
21
‘‘(b) EXCEPTION.—The Secretary of the department
22 in which the Coast Guard is operating, after consultation
23 with the Secretary or the head of an agency to which the
24 Secretary has delegated the authorities in subsection (a),
25 may—
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1
2
‘‘(1) issue and enforce special orders in accordance with section 70002;
3
‘‘(2) establish water or waterfront safety zones,
4
or other measures, for limited, controlled, or condi-
5
tional access and activity when necessary for the
6
protection of any vessel structure, waters, or shore
7
area, as permitted in section 70011(b)(3); and
8
‘‘(3) take actions for port, harbor, and coastal
9
facility security in accordance with section 70116.’’.
10
(f) REGULATION OF ANCHORAGE AND MOVEMENT OF
11 VESSELS
DURING
NATIONAL
EMERGENCY.—Section
12 70051 of title 46, United States Code, is amended by in13 serting ‘‘or cyber incidents, or transnational organized
14 crime, or foreign state threats,’’ after ‘‘threatened war, or
15 invasion, or insurrection, or subversive activity,’’.
16
(g) GREAT LAKES AND SAINT LAWRENCE RIVER CO-
17
OPERATIVE VESSEL TRAFFIC SERVICE.—Not later than
18 2 years after the date of enactment of this Act, the Sec19 retary of the department in which the Coast Guard is op20 erating shall issue or amend such regulations as are nec21 essary to address any applicable arrangements with the
22 Canadian Coast Guard regarding vessel traffic services co23 operation and vessel traffic management data exchanges
24 within the Saint Lawrence Seaway and the Great Lakes.
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1
(h) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 700 of title 46, United States Code, is amended by
3 striking the item relating to section 70032 and inserting
4 the following:
‘‘70032. Delegation of ports and waterways authorities in Saint Lawrence Seaway.’’.
5
SEC. 7322. STUDY ON BERING STRAIT VESSEL TRAFFIC
6
PROJECTIONS AND EMERGENCY RESPONSE
7
POSTURE AT PORTS OF THE UNITED STATES.
8
(a) IN GENERAL.—Not later than 2 years after the
9 date of enactment of this Act, the Secretary of Transpor10 tation, acting through the United States Committee on the
11 Marine Transportation System, in coordination with the
12 Commandant shall—
13
(1) complete an analysis regarding commercial
14
vessel traffic that transits through the Bering Strait
15
and projections for the growth of such traffic during
16
the 10-year period beginning after such date of en-
17
actment; and
18
(2) assess the adequacy of emergency response
19
capabilities and infrastructure at the ports of the
20
United States that are in proximity to the vessel
21
traffic that transits the Bering Strait, including the
22
port facilities at Point Spencer, Alaska, Nome, Alas-
23
ka, and Kotzebue, Alaska, to—
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1
(A) address future navigation safety risks;
2
and
3
(B) conduct emergency maritime response
4
5
operations in the Arctic environment.
(b) ELEMENTS.—The study required under sub-
6 section (a) shall include the following:
7
(1) An analysis of the volume and types of do-
8
mestic and international commercial vessel traffic
9
through the Bering Strait and the projected growth
10
of such traffic, including—
11
(A) oil and gas tankers, cargo vessels,
12
barges, fishing vessels, and cruise lines, both
13
domestic and international;
14
(B) projected growth of such traffic
15
through the Bering Strait;
16
(C) the seasonality of vessel transits of the
17
Bering Strait; and
18
(D) a summation of the sizes, ages, and
19
the country of registration or documentation of
20
such vessels transiting the Arctic, including oil
21
and product tankers either documented in tran-
22
sit to or from Russia or China or owned or op-
23
erated by a Russian or Chinese entity.
24
(2) An assessment of the state and adequacy of
25
vessel traffic services and oil spill and emergency re-
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1
sponse capabilities in the vicinity of the Bering
2
Strait and its southern and northern approaches in
3
the Chukchi Sea and the Bering Sea.
4
(3) A risk assessment of the projected growth
5
in commercial vessel traffic in the Bering Strait and
6
potential of increased frequency in the number of
7
maritime accidents, including spill events, and the
8
potential impacts to the Arctic maritime environ-
9
ment and Native Alaskan village communities in the
10
vicinity of the vessel traffic in Western Alaska, in-
11
cluding the Bering Strait.
12
(4) An evaluation of the extent to which Point
13
Spencer can serve as a port of refuge and as a stag-
14
ing, logistics, and operations center from which to
15
conduct and support maritime emergency and spill
16
response activities.
17
(5) Recommendations for practical actions that
18
can be taken by Congress, Federal agencies, the
19
State of Alaska, vessel carriers and operators, the
20
marine salvage and emergency response industry,
21
and other relevant stakeholders to mitigate risks
22
identified in the study carried out under this section.
23
(c) CONSULTATION.—In the preparation of the study
24 under this section, the United States Committee on the
25 Marine Transportation System shall consult with—
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(1) the Maritime Administration;
2
(2) the Coast Guard;
3
(3) the Army Corps of Engineers;
4
(4) the Department of State;
5
(5) the National Transportation Safety Board;
6
(6) the Government of Canada, as appropriate;
7
(7) the Port Coordination Council for the Port
8
of Point Spencer;
9
(8) State and local governments;
10
(9) other maritime industry participants, in-
11
cluding carriers, shippers, ports, labor, fishing, or
12
other entities; and
13
(10) nongovernmental entities with relevant ex-
14
pertise monitoring and characterizing vessel traffic
15
or the environment in the Arctic.
16
(d) TRIBAL CONSULTATION.—In addition to the enti-
17 ties described in subsection (c), in preparing the study
18 under this section, the Secretary of Transportation shall
19 consult with Indian Tribes, including Alaska Native Cor20 porations, and Alaska Native communities.
21
(e) REPORT.—Not later than 1 year after initiating
22 the study under this section, the United States Committee
23 on the Marine Transportation System shall submit to the
24 Committee on Commerce, Science, and Transportation
25 and the Committee on Foreign Relations of the Senate
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1 and the Committee on Transportation and Infrastructure
2 and the Committee on Foreign Affairs of the House of
3 Representatives a report on the findings and recommenda4 tions of the study.
5
(f) DEFINITIONS.—In this section:
6
(1) ARCTIC.—The term ‘‘Arctic’’ has the mean-
7
ing given such term in section 112 of the Arctic Re-
8
search and Policy Act of 1984 (15 U.S.C. 4111).
9
(2) PORT COORDINATION COUNCIL FOR THE
10
PORT OF POINT SPENCER.—The term ‘‘Port Coordi-
11
nation Council for the Port of Point Spencer’’ means
12
the Council established under section 541 of Coast
13
Guard Authorization Act of 2015 (Public Law 114–
14
120).
15
SEC. 7323. IMPROVING VESSEL TRAFFIC SERVICE MONI-
16
17
TORING.
(a) PROXIMITY OF ANCHORAGES TO PIPELINES.—
18
(1)
IMPLEMENTATION
OF
RESTRUCTURING
19
PLAN.—Not later than 1 year after the date of en-
20
actment of this Act, the Commandant shall imple-
21
ment the November 2021 proposed plan of the Ves-
22
sel Traffic Service Los Angeles-Long Beach for re-
23
structuring the Federal anchorages in San Pedro
24
Bay described on page 54 of the Report of the Na-
25
tional Transportation Safety Board titled ‘‘Anchor
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1
Strike of Underwater Pipeline and Eventual Crude
2
Oil Release’’, and issued January 2, 2024.
3
(2) STUDY.—The Secretary of the department
4
in which the Coast Guard is operating shall conduct
5
a study to identify any anchorage grounds other
6
than the San Pedro Bay Federal anchorages in
7
which the distance between the center of an ap-
8
proved anchorage ground and a pipeline is less than
9
1 mile.
10
(3) REPORT.—
11
(A) IN GENERAL.—Not later than 2 years
12
after the date of enactment of this Act, the
13
Commandant shall submit to the Committee on
14
Transportation and Infrastructure of the House
15
of Representatives and the Committee on Com-
16
merce, Science, and Transportation of the Sen-
17
ate a report on the results of the study required
18
under paragraph (2).
19
(B) CONSULTATION.—In preparing the re-
20
port and prior to submission, the Commandant
21
shall consult with mariner and waterways users,
22
including
23
commercial fishermen, pilot associations, port
24
authorities, and recreational boaters on the im-
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commercial
shipping,
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1
pact and feasibility of removing any already es-
2
tablished anchorage grounds.
3
(C) CONTENTS.—The report under sub-
4
paragraph (A) shall include—
5
(i) a list of the anchorage grounds de-
6
scribed under paragraph (2);
7
(ii) whether it is possible to move each
8
such anchorage ground to provide a min-
9
imum distance of 1 mile; and
10
(iii) a recommendation of whether to
11
move any such anchorage ground and ex-
12
planation for the recommendation.
13
(b) PROXIMITY TO PIPELINE ALERTS.—
14
(1) AUDIBLE AND VISUAL ALARMS.—The Com-
15
mandant shall consult with the providers of vessel
16
monitoring systems to add to the monitoring sys-
17
tems for vessel traffic services audible and visual
18
alarms that alert the watchstander when an an-
19
chored vessel is encroaching on a pipeline.
20
(2) NOTIFICATION
PROCEDURES.—Not
later
21
than 1 year after the date of enactment of this Act,
22
the Commandant shall develop procedures for all
23
vessel traffic services to notify pipeline and utility
24
operators following potential incursions on sub-
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1
merged pipelines within the vessel traffic service
2
area of responsibility.
3
(3) REPORT.—Not later than 1 year after the
4
date of enactment of this Act, and annually for the
5
subsequent 3 years, the Commandant shall submit
6
to the Committee on Transportation and Infrastruc-
7
ture of the House of Representatives and the Com-
8
mittee on Commerce, Science, and Transportation of
9
the Senate a report on the implementation of para-
10
graphs (1) and (2).
11
12
SEC. 7324. CONTROLLED SUBSTANCE ONBOARD VESSELS.
Section 70503(a) of title 46, United States Code, is
13 amended—
14
(1) in the matter preceding paragraph (1) by
15
striking ‘‘While on board a covered vessel, an’’ and
16
inserting ‘‘An’’;
17
18
(2) by amending paragraph (1) to read as follows:
19
‘‘(1) manufacture or distribute, possess with in-
20
tent to manufacture or distribute, or place or cause
21
to be placed with intent to manufacture or distribute
22
a controlled substance on board a covered vessel;’’;
23
(3) in paragraph (2) by inserting ‘‘on board a
24
covered vessel’’ before the semicolon; and
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1
2
3
4
(4) in paragraph (3) by inserting ‘‘while on
board a covered vessel’’ after ‘‘such individual’’.
SEC. 7325. CYBER-INCIDENT TRAINING.
Section 70103(c) of title 46, United States Code, is
5 amended by adding at the end the following:
6
‘‘(9) The Secretary may conduct no-notice exercises
7 in Captain of the Port Zones (as described in part 3 of
8 title 33, Code of Federal Regulations as in effect on the
9 date of enactment of the Coast Guard Authorization Act
10 of 2025) involving a facility or vessel required to maintain
11 a security plan under this subsection.’’.
12
13
SEC. 7326. NAVIGATIONAL PROTOCOLS.
The Commandant, in consultation with the Undersec-
14 retary of Commerce for Oceans and Atmosphere, shall ex15 amine and provide the Committee on Commerce, Science,
16 and Transportation of the Senate and the Committee on
17 Transportation and Infrastructure of the House of Rep18 resentatives a detailed written briefing to not later than
19 2 years after the date of enactment of this Act regarding
20 the navigational protocols used by foreign allied nations
21 governing vessel operations in fog or other low-visibility
22 conditions, and how such nations employ advanced naviga23 tion technologies and vessel traffic services, including re24 mote sensing, LiDAR, vessel tracking technologies, data
25 analytics and machine-learning tools, and uncrewed sys-
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2537
1 tems to monitor visibility and improve safety and effi2 ciency of vessels operations, including an assessment of
3 the types of data collected through such technologies and
4 the methods used to communicate that information.
5
6
SEC. 7327. ANCHORAGES.
Section 8437 of the William M. (Mac) Thornberry
7 National Defense Authorization Act for Fiscal Year 2021
8 (Public Law 116-283) is amended—
9
(1) by striking subsections (d) and (e);
10
(2) by redesignating subsection (c) as sub-
11
section (d); and
12
(3) by inserting after subsection (b) the fol-
13
lowing:
14
‘‘(c) PROHIBITION.—The Commandant shall prohibit
15 any vessel anchoring on the reach of the Hudson River
16 described in subsection (a) unless such anchoring is within
17 any anchorage established before January 1, 2021.’’.
19
Subtitle D—Matters Involving
Uncrewed Systems
20
SEC. 7331. PILOT PROGRAM FOR GOVERNANCE AND OVER-
21
SIGHT OF SMALL UNCREWED MARITIME SYS-
22
TEMS.
18
23
(a) LIMITATION.—Notwithstanding any other provi-
24 sion of law, for the period beginning on the date of enact25 ment of this Act and ending on the date that is 2 years
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2538
1 after such date of enactment, small uncrewed maritime
2 systems owned, operated, or chartered by the National
3 Oceanic and Atmospheric Administration, or that are per4 forming specified oceanographic surveys on behalf of and
5 pursuant to a contract or other written agreement with
6 the National Oceanic and Atmospheric Administration,
7 shall not be subject to any vessel inspection, design, oper8 ations, navigation, credentialing, or training requirement,
9 law, or regulation, that the Assistant Administrator of the
10 Office of Marine and Aviation Operations of the National
11 Oceanic and Atmospheric Administration determines will
12 harm real-time operational extreme weather oceanographic
13 and atmospheric data collection and predictions.
14
(b) OTHER AUTHORITY.—Nothing in this section
15 shall be construed to limit the authority of the Secretary
16 of the department in which the Coast Guard is operating,
17 acting through the Commandant, if there is an immediate
18 safety or security concern regarding small uncrewed mari19 time systems.
20
(c) DEFINITIONS.—In this section:
21
(1) SMALL UNCREWED MARITIME SYSTEMS.—
22
The term ‘‘small uncrewed maritime systems’’
23
means unmanned maritime systems (as defined in
24
section 2 of the CENOTE Act of 2018 (33 U.S.C.
25
4101)), that—
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1
(A) are not greater than 35 feet overall in
2
length;
3
(B) are operated remotely or autono-
4
mously; and
5
(C) exclusively perform oceanographic sur-
6
veys or scientific research.
7
(2) UNCREWED SYSTEM.—The term ‘‘uncrewed
8
system’’—
9
(A) means an uncrewed surface, undersea,
10
or aircraft system and associated elements (in-
11
cluding communication links and the compo-
12
nents that control the uncrewed system) that
13
are required for the operator to operate the sys-
14
tem safely and efficiently; and
15
(B) includes an unmanned aircraft system
16
(as such term is defined in section 44801 of
17
title 49, United States Code).
18
(d) SAVINGS CLAUSE.—Nothing in this section may
19 be construed to repeal, replace, or preclude application of
20 chapter 551 of title 46, United States Code.
21
22
SEC. 7332. COAST GUARD TRAINING COURSE.
(a) IN GENERAL.—For the period beginning on the
23 date of enactment of this Act and ending on the date that
24 is 3 years after such date of enactment, the Commandant,
25 or such other individual or organization as the Com-
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2540
1 mandant considers appropriate, shall develop a training
2 course on small uncrewed maritime systems and offer such
3 training course at least once each year for Coast Guard
4 personnel working with or regulating small uncrewed mar5 itime systems.
6
(b) COURSE SUBJECT MATTER.—In developing the
7 training course under subsection (a), the Commandant or
8 other individual or organization shall—
9
(1) provide an overview and introduction to
10
small uncrewed maritime systems, including exam-
11
ples of those used by the Federal Government, in
12
academic settings, and in commercial sectors;
13
14
(2) address the benefits and disadvantages of
use of small uncrewed maritime systems;
15
(3) address safe navigation of small uncrewed
16
maritime systems, including measures to ensure col-
17
lision avoidance;
18
(4) address the ability of small uncrewed mari-
19
time systems to communicate with and alert other
20
vessels in the vicinity;
21
(5) address the ability of small uncrewed mari-
22
time systems to respond to system alarms and fail-
23
ures to ensure control commensurate with the risk
24
posed by the systems;
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1
2
(6) provide present and future capabilities of
small uncrewed maritime systems; and
3
(7) provide an overview of the role of the Inter-
4
national Maritime Organization in the governance of
5
small uncrewed maritime systems.
6
(c) DEFINITIONS.—In this section:
7
(1) SMALL UNCREWED MARITIME SYSTEMS.—
8
The term ‘‘small uncrewed maritime systems’’
9
means unmanned maritime systems (as defined in
10
section 2 of the CENOTE Act of 2018 (33 U.S.C.
11
4101)), that—
12
(A) are not greater than 35 feet overall in
13
length;
14
(B) are operated remotely or autono-
15
mously; and
16
(C) exclusively perform oceanographic sur-
17
veys or scientific research.
18
(2) UNCREWED SYSTEM.—The term ‘‘uncrewed
19
system’’—
20
(A) means an uncrewed surface, undersea,
21
or aircraft system and associated elements (in-
22
cluding communication links and the compo-
23
nents that control the uncrewed system) that
24
are required for the operator to operate the sys-
25
tem safely and efficiently; and
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1
(B) includes an unmanned aircraft system
2
(as such term is defined in section 44801 of
3
title 49, United States Code).
4
SEC. 7333. NOAA MEMBERSHIP ON AUTONOMOUS VESSEL
5
6
POLICY COUNCIL.
Not later than 30 days after the date of enactment
7 of this Act, the Commandant, with the concurrence of the
8 Assistant Administrator of the Office of Marine and Avia9 tion Operations of the National Oceanic and Atmospheric
10 Administration, shall establish the permanent membership
11 of a National Oceanic and Atmospheric Administration
12 employee to the Automated and Autonomous Vessel Policy
13 Council of the Coast Guard, or its successor body.
14
15
SEC. 7334. TECHNOLOGY PILOT PROGRAM.
Section 319(b) of title 14, United States Code, is
16 amended—
17
18
(1) in paragraph (1) by striking ‘‘2 or more’’
and inserting ‘‘up to 4’’; and
19
20
21
22
(2) in paragraph (3) by inserting ‘‘in person or
in writing’’ after ‘‘a briefing’’.
SEC. 7335. UNCREWED SYSTEMS CAPABILITIES REPORT.
(a) IN GENERAL.—
23
(1) REPORT.—Not later than 1 year after the
24
date of enactment of this Act, the Commandant
25
shall submit to the Committee on Transportation
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2543
1
and Infrastructure of the House of Representatives
2
and the Committee on Commerce, Science, and
3
Transportation of the Senate a report that outlines
4
a plan for establishing an uncrewed systems capa-
5
bilities office within the Coast Guard responsible for
6
the acquisition and development of uncrewed system
7
and counter-uncrewed system technologies and to ex-
8
pand the capabilities of the Coast Guard with re-
9
spect to such technologies.
10
11
(2) CONTENTS.—The report required under
paragraph (1) shall include the following:
12
(A) A management strategy for the acqui-
13
sition,
14
uncrewed system and counter-uncrewed system
15
technologies.
development,
and
deployment
of
16
(B) A service-wide coordination strategy to
17
synchronize and integrate efforts across the
18
Coast Guard in order to—
19
(i) support the primary duties of the
20
Coast Guard pursuant to section 102 of
21
title 14, United States Code; and
22
(ii) pursue expanded research, devel-
23
opment, testing, and evaluation opportuni-
24
ties and funding to expand and accelerate
25
identification and transition of uncrewed
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1
system and counter-uncrewed system tech-
2
nologies.
3
(C) The identification of contracting and
4
acquisition authorities needed to expedite the
5
development and deployment of uncrewed sys-
6
tem and counter-uncrewed system technologies.
7
(D) A detailed list of commercially avail-
8
able uncrewed system and counter-uncrewed
9
system technologies with capabilities determined
10
to be useful for the Coast Guard.
11
(E) A cross-agency collaboration plan to
12
engage with the Department of Defense and
13
other relevant agencies to identify common re-
14
quirements and opportunities to partner in ac-
15
quiring, contracting, and sustaining uncrewed
16
system and counter-uncrewed system capabili-
17
ties.
18
(F) Opportunities to obtain and share
19
uncrewed system data from government and
20
commercial sources to improve maritime do-
21
main awareness.
22
(G) The development of a concept of oper-
23
ations for a data system that supports and inte-
24
grates uncrewed system and counter-uncrewed
25
system technologies with key enablers, including
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1
enterprise communications networks, data stor-
2
age and management, artificial intelligence and
3
machine learning tools, and information sharing
4
and dissemination capabilities.
5
(b) BRIEFINGS.—Not later than 1 year after the date
6 of enactment of this Act, and annually thereafter for a
7 period of 3 years, the Commandant, in coordination with
8 the Administrator of the National Oceanic and Atmos9 pheric Administration, the Executive Director of the Of10 fice of Naval Research, the Director of the National
11 Science Foundation, and the Director of the White House
12 Office of Science and Technology Policy, shall brief the
13 Committee on Commerce, Science, and Transportation of
14 the Senate and the Committee on Transportation and In15 frastructure of the House of Representatives, on the fu16 ture operation and governance of small uncrewed maritime
17 systems.
18
(c) DEFINITIONS.—In this section:
19
20
(1) COUNTER-UNCREWED SYSTEM.—The term
‘‘counter-uncrewed system’’—
21
(A) means a system or device capable of
22
lawfully and safely disabling, disrupting, or
23
seizing control of an uncrewed system; and
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2546
1
(B) includes a counter-UAS system (as
2
such term is defined in section 44801 of title
3
49, United States Code).
4
(2) UNCREWED SYSTEM.—The term ‘‘uncrewed
5
system’’—
6
(A) means an uncrewed surface, undersea,
7
or aircraft system and associated elements (in-
8
cluding communication links and the compo-
9
nents that control the uncrewed system) that
10
are required for the operator to operate the sys-
11
tem safely and efficiently; and
12
(B) includes an unmanned aircraft system
13
(as such term is defined in section 44801 of
14
title 49, United States Code).
15
SEC. 7336. MEDIUM UNMANNED AIRCRAFT SYSTEMS CAPA-
16
17
BILITIES STUDY.
(a) IN GENERAL.—Not later than 180 days after the
18 date of enactment of this Act, the Commandant shall con19 duct a study to determine the feasibility of expanding the
20 National Security Cutter’s medium unmanned aircraft
21 system capabilities to medium endurance cutters and Off22 shore Patrol Cutters.
23
(b) REPORT.—
24
(1) IN GENERAL.—Not later than 1 year after
25
the date of enactment of this Act, the Commandant
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1
shall submit to the Committee on Transportation
2
and Infrastructure of the House of Representatives
3
and the Committee on Commerce, Science, and
4
Transportation of the Senate a written report that
5
contains the results of the study conducted under
6
subsection (a).
7
(2) CONTENTS.—In submitting the report
8
under paragraph (1), the Commandant shall deter-
9
mine—
10
(A) the feasibility of equipping Offshore
11
Patrol Cutters and medium endurance cutters
12
with medium unmanned aircraft systems;
13
(B) the missions capabilities that would be
14
strengthened by the use of such systems; and
15
(V) projected procurement and operational
16
17
costs for acquiring such systems.
SEC. 7337. NATIONAL ACADEMY OF SCIENCES REPORT ON
18
19
UNCREWED SYSTEMS AND USE OF DATA.
(a) IN GENERAL.—Not later than 60 days after the
20 date of enactment of this Act, the Commandant shall seek
21 to enter into an arrangement with the National Academy
22 of Sciences under which the Academy shall prepare an as23 sessment of available uncrewed, autonomous, or remotely24 controlled maritime domain awareness technologies for use
25 by the Coast Guard.
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1
(b) ASSESSMENT.—In carrying out the assessment
2 under subsection (a), the National Academy of Sciences
3 shall—
4
(1) describe the potential benefits and limita-
5
tions of current and emerging uncrewed autono-
6
mous, or remotely controlled systems used in the
7
maritime domain for—
8
(A) ocean observation;
9
(B) vessel monitoring and identification;
10
(C) weather observation;
11
(D) search and rescue operations;
12
(E) to the extent practicable for consider-
13
ation by the Academy, intelligence gathering,
14
surveillance, and reconnaissance; and
15
(F) communications;
16
(2) assess how technologies described in para-
17
graph (1) can help prioritize Federal investment by
18
examining—
19
20
(A) affordability, including acquisition, operations, maintenance, and lifecycle costs;
21
(B) reliability;
22
(C) versatility;
23
(D) efficiency; and
24
(E) estimated service life and persistence
25
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1
(3) analyze whether the use of new and emerg-
2
ing maritime domain awareness technologies can be
3
used to—
4
(A) effectively carry out Coast Guard mis-
5
sions at lower costs and reduced manpower
6
needs;
7
(B) expand the scope and range of Coast
8
Guard maritime domain awareness; and
9
(C) allow the Coast Guard to more effi-
10
ciently and effectively allocate Coast Guard ves-
11
sels, aircraft, and personnel;
12
(4) evaluate the extent to which such systems
13
have moved from the research and development
14
phase to effective operations since the National
15
Academy of Sciences published the study titled
16
‘‘Leveraging Unmanned Systems for Coast Guard
17
Missions’’ and issued in 2020; and
18
(5) identify adjustments that would be nec-
19
essary in Coast Guard authorities, policies, proce-
20
dures, and protocols to incorporate uncrewed tech-
21
nologies to enhance efficiency.
22
(c) REPORT TO CONGRESS.—Not later than 1 year
23 after entering into an arrangement under subsection (a),
24 the National Academy of Sciences shall submit to the
25 Committee on Transportation and Infrastructure of the
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1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate the as3 sessment prepared under this section.
4
(d) USE OF INFORMATION.—In formulating costs
5 pursuant to subsection (b), the National Academy of
6 Sciences may utilize information from other Coast Guard
7 reports, assessments, or analyses regarding existing Coast
8 Guard manpower requirements or other reports, assess9 ments, or analyses for the acquisition of unmanned, auton10 omous, or remotely-controlled technologies by the Federal
11 Government.
12
13
SEC. 7338. UNMANNED AIRCRAFT SYSTEMS.
(a) IN GENERAL.—Subchapter IV of chapter 5 of
14 title 14, United States Code, is amended by adding at the
15 end the following:
16 ‘‘§ 565. Use of unmanned aircraft systems
17
‘‘With respect to any unmanned aircraft system pro-
18 cured by the Coast Guard, the Commandant shall ensure
19 that such system be used to support the primary duties
20 of the Coast Guard pursuant to section 102.’’.
21
(b) CLERICAL AMENDMENT.—The analysis for chap-
22 ter 5 of title 14, United States Code, is amended by add23 ing at the end the following:
‘‘565. Use of unmanned aircraft systems.’’.
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1
Subtitle E—Other Matters
2
SEC. 7341. INFORMATION ON TYPE APPROVAL CERTIFI-
3
CATES.
4
(a) IN GENERAL.—Title IX of the Frank LoBiondo
5 Coast Guard Authorization Act of 2018 (Public Law 115–
6 282) is amended by adding at the end the following:
7
‘‘SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFI-
8
9
CATES.
‘‘Unless otherwise prohibited by law, the Com-
10 mandant of the Coast Guard shall, upon request by any
11 State, the District of Columbia, any Indian Tribe, or any
12 territory of the United States, provide all data possessed
13 by the Coast Guard for a ballast water management sys14 tem with a type approval certificate approved by the Coast
15 Guard pursuant to subpart 162.060 of title 46, Code of
16 Federal Regulations, as in effect on the date of enactment
17 of the Coast Guard Authorization Act of 2025 pertaining
18 to—
19
‘‘(1) challenge water (as defined in section
20
162.060–3 of title 46, Code of Federal Regulations,
21
as in effect on the date of enactment of the Coast
22
Guard Authorization Act of 2025) quality character-
23
istics;
24
25
‘‘(2) post-treatment water quality characteristics;
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‘‘(3) challenge water (as defined in section
2
162.060–3 of title 46, Code of Federal Regulations,
3
as in effect on the date of enactment of the Coast
4
Guard Authorization Act of 2025) biologic organism
5
concentrations data; and
6
‘‘(4) post-treatment water biologic organism
7
concentrations data.’’.
8
(b) CLERICAL AMENDMENT.—The table of contents
9 for the Frank LoBiondo Coast Guard Authorization Act
10 of 2018 (Public Law 115–282) is amended by inserting
11 after the item relating to section 903 the following:
‘‘Sec. 904. Information on type approval certificates.’’.
12
13
SEC. 7342. CLARIFICATION OF AUTHORITIES.
(a) IN GENERAL.—Section 5(a) of the Deepwater
14 Port Act of 1974 (33 U.S.C. 1504(a)) is amended by
15 striking the first sentence and inserting ‘‘Notwithstanding
16 section 888(b) of the Homeland Security Act of 2002 (6
17 U.S.C. 468(b)), the Secretary shall have the authority to
18 issue regulations to carry out the purposes and provisions
19 of this Act, in accordance with the provisions of section
20 553 of title 5, United States Code, without regard to sub21 section (a) thereof.’’.
22
(b) NEPA COMPLIANCE.—Section 5 of the Deepwater
23 Port Act of 1974 (33 U.S.C. 1504) is amended by striking
24 subsection (f) and inserting the following:
25
‘‘(f) NEPA COMPLIANCE.—
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‘‘(1) DEFINITION OF LEAD AGENCY.—In this
2
subsection, the term ‘lead agency’ has the meaning
3
given the term in section 111 of the National Envi-
4
ronmental Policy Act of 1969 (42 U.S.C. 4336e).
5
‘‘(2) LEAD AGENCY.—
6
‘‘(A) IN GENERAL.—For all applications,
7
the Maritime Administration shall be the Fed-
8
eral lead agency for purposes of the National
9
Environmental Policy Act of 1969 (42 U.S.C.
10
4321 et seq.).
11
‘‘(B) EFFECT OF COMPLIANCE.—Compli-
12
ance with the National Environmental Policy
13
Act of 1969 (42 U.S.C. 4321 et seq.) in accord-
14
ance with subparagraph (A) shall fulfill the re-
15
quirement of the Federal lead agency in car-
16
rying out the responsibilities under the National
17
Environmental Policy Act of 1969 (42 U.S.C.
18
4321 et seq.) pursuant to this Act.’’.
19
(c) REGULATIONS.—
20
(1) IN GENERAL.—Not later than 18 months
21
after the date of enactment of this Act, the Com-
22
mandant shall transfer the authorities provided to
23
the Coast Guard in part 148 of title 33, Code of
24
Federal Regulations (as in effect on the date of en-
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1
actment of this Act), except as provided in para-
2
graph (2), to the Secretary of Transportation.
3
(2) RETENTION
OF AUTHORITY.—The
Com-
4
mandant shall retain responsibility for authorities
5
pertaining to design, construction, equipment, and
6
operation of deepwater ports and navigational safe-
7
ty.
8
(3) UPDATES
TO
AUTHORITY.—As
soon as
9
practicable after the date of enactment of this Act,
10
the Secretary of Transportation shall issue such reg-
11
ulations as are necessary to reflect the updates to
12
authorities prescribed by this subsection.
13
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
14 tion, or the amendments made by this section, may be con15 strued to limit the authorities of other governmental agen16 cies previously delegated authorities of the Deepwater
17 Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other
18 law.
19
(e) APPLICATIONS.—Nothing in this section, or the
20 amendments made by this section, shall apply to any ap21 plication submitted before the date of enactment of this
22 Act.
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SEC. 7343. AMENDMENTS TO PASSENGER VESSEL SECU-
2
RITY AND SAFETY REQUIREMENTS.
3
(a) MAINTENANCE OF SUPPLIES THAT PREVENT
4 SEXUALLY
TRANSMITTED
DISEASES.—Section
5 3507(d)(1) of title 46, United States Code, is amended
6 by inserting ‘‘(taking into consideration the length of the
7 voyage and the number of passengers and crewmembers
8 that the vessel can accommodate)’’ after ‘‘a sexual as9 sault’’.
10
(b) CREW ACCESS TO PASSENGER STATEROOMS;
11 PROCEDURES AND RESTRICTIONS.—Section 3507(f) of
12 title 46, United States Code, is amended—
13
(1) in paragraph (1)—
14
(A) in subparagraph (A) by striking ‘‘and’’
15
at the end; and
16
(B) by inserting after subparagraph (B)
17
the following:
18
‘‘(C) a system that electronically records
19
the date, time, and identity of each crew mem-
20
ber accessing each passenger stateroom; and’’;
21
and
22
(2) by striking paragraph (2) and inserting the
23
following:
24
25
‘‘(2) ensure that the procedures and restrictions
are—
26
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‘‘(B) reviewed annually; and
2
‘‘(C) updated as necessary.’’.
3
SEC. 7344. EXTENSION OF PILOT PROGRAM TO ESTABLISH
4
A CETACEAN DESK FOR PUGET SOUND RE-
5
GION.
6
Section 11304(a)(2)(A)(i) of the Don Young Coast
7 Guard Authorization Act of 2022 (16 U.S.C. 1390 note)
8 is amended by striking ‘‘4 years’’ and inserting ‘‘6 years’’.
9
SEC. 7345. SUSPENSION OF ENFORCEMENT OF USE OF DE-
10
VICES BROADCASTING ON AIS FOR PUR-
11
POSES OF MAKING FISHING GEAR.
12
Section 11320 of the Don Young Coast Guard Au-
13 thorization Act of 2022 (Public Law 117–263) is amended
14 by striking ‘‘during the period’’ and all that follows
15 through the period at the end and inserting ‘‘until Decem16 ber 31, 2029.’’.
17
18
SEC. 7346. CLASSIFICATION SOCIETIES.
Section 3316(d) of title 46, United States Code, is
19 amended—
20
21
(1) by amending paragraph (2)(B)(i) to read as
follows:
22
‘‘(i) the government of the foreign
23
country in which the foreign society is
24
headquartered—
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‘‘(I) delegates that authority to
2
the American Bureau of Shipping; or
3
‘‘(II) does not delegate that au-
4
thority to any classification society;
5
or’’; and
6
(2) by adding at the end the following:
7
‘‘(5) CLARIFICATION ON AUTHORITY.—Nothing
8
in this subsection authorizes the Secretary to make
9
a delegation under paragraph (2) to a classification
10
society from the People’s Republic of China.’’.
11
SEC. 7347. ABANDONED AND DERELICT VESSEL REMOVALS.
12
(a) IN GENERAL.—Chapter 47 of title 46, United
13 States Code, is amended—
14
15
(1)
the
chapter
heading
by
striking
‘‘BARGES’’ and inserting ‘‘VESSELS’’;
16
17
in
(2) by inserting before section 4701 the following:
18
‘‘SUBCHAPTER I—BARGES’’; AND
19
(3) by adding at the end the following:
20
‘‘SUBCHAPTER II—NON-BARGE VESSELS
21 ‘‘§ 4710. Definitions
22
‘‘In this subchapter:
23
‘‘(1) ABANDON.—The term ‘abandon’ means to
24
moor, strand, wreck, sink, or leave a covered vessel
25
unattended for longer than 45 days.
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‘‘(2) COVERED
VESSEL.—The
term ‘covered
2
vessel’ means a vessel that is not a barge to which
3
subchapter I applies.
4
‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’
5
has the meaning given such term in section 4 of the
6
Indian Self-Determination and Education Assistance
7
Act (25 U.S.C. 5304).
8
‘‘(4) NATIVE HAWAIIAN ORGANIZATION.—The
9
term ‘Native Hawaiian organization’ has the mean-
10
ing given such term in section 6207 of the Elemen-
11
tary and Secondary Education Act of 1965 (20
12
U.S.C. 7517) except the term includes the Depart-
13
ment of Hawaiian Home Lands and the Office of
14
Hawaiian Affairs.
15 ‘‘§ 4711. Abandonment of vessels prohibited
16
‘‘(a) IN GENERAL.—An owner or operator of a cov-
17 ered vessel may not abandon such vessel on the navigable
18 waters of the United States.
19
‘‘(b) DETERMINATION OF ABANDONMENT.—
20
‘‘(1) NOTIFICATION.—
21
‘‘(A) IN GENERAL.—With respect to a cov-
22
ered vessel that appears to be abandoned, the
23
Commandant of the Coast Guard shall—
24
‘‘(i) attempt to identify the owner
25
using the vessel registration number, hull
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identification number, or any other infor-
2
mation that can be reasonably inferred or
3
gathered; and
4
‘‘(ii) notify such owner—
5
‘‘(I) of the penalty described in
6
subsection (c); and
7
‘‘(II) that the vessel will be re-
8
moved at the expense of the owner if
9
the Commandant determines that the
10
vessel is abandoned and the owner
11
does not remove or account for the
12
vessel.
13
‘‘(B) FORM.—The Commandant shall pro-
14
vide the notice required under subparagraph
15
(A)—
16
‘‘(i) if the owner can be identified, via
17
certified mail or other appropriate forms
18
determined by the Commandant; or
19
‘‘(ii) if the owner cannot be identified,
20
via an announcement in a local publication
21
and on a website maintained by the Coast
22
Guard.
23
‘‘(2)
DETERMINATION.—The
Commandant
24
shall make a determination not earlier than 45 days
25
after the date on which the Commandant provides
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the notification required under paragraph (1) of
2
whether a covered vessel described in such para-
3
graph is abandoned.
4
‘‘(c) PENALTY.—
5
‘‘(1) IN GENERAL.—The Commandant may as-
6
sess a civil penalty of not more than $500 against
7
an owner or operator of a covered vessel determined
8
to be abandoned under subsection (b) for a violation
9
of subsection (a).
10
‘‘(2) LIABILITY IN REM.—The owner or oper-
11
ator of a covered vessel shall also be liable in rem
12
for a penalty imposed under paragraph (1).
13
‘‘(3) LIMITATION.—The Commandant shall not
14
assess a penalty if the Commandant determines the
15
vessel was abandoned due to major extenuating cir-
16
cumstances of the owner or operator of the vessel,
17
including long term medical incapacitation of the
18
owner or operator.
19
‘‘(d) VESSELS NOT ABANDONED.—The Commandant
20 may not determine that a covered vessel is abandoned
21 under this section if—
22
23
‘‘(1) such vessel is located at a federally approved or State approved mooring area;
24
‘‘(2) such vessel is located on private property
25
with the permission of the owner of such property;
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2
‘‘(3) the owner or operator of such vessel provides a notification to the Commandant that—
3
‘‘(A) indicates the location of the vessel;
4
‘‘(B) indicates that the vessel is not aban-
5
doned; and
6
‘‘(C) contains documentation proving that
7
the vessel is allowed to be in such location; or
8
‘‘(4) the Commandant determines that such an
9
abandonment determination would not be in the
10
public interest.
11 ‘‘§ 4712. Inventory of abandoned vessels
12
‘‘(a) IN GENERAL.—Not later than 1 year after the
13 date of enactment of the Coast Guard Authorization Act
14 of 2025, the Commandant, in consultation with the Ad15 ministrator of the National Oceanic and Atmospheric Ad16 ministration and relevant State agencies, shall establish
17 and maintain a national inventory of covered vessels that
18 are abandoned.
19
‘‘(b) CONTENTS.—The inventory established and
20 maintained under subsection (a) shall include data on each
21 vessel, including geographic information system data re22 lated to the location of each such vessel.
23
‘‘(c) PUBLICATION.—The Commandant shall make
24 the inventory established under subsection (a) publicly
25 available on a website of the Coast Guard.
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‘‘(d) REPORTING
OF
POTENTIALLY ABANDONED
2 VESSELS.—In carrying out this section, the Commandant
3 shall develop a process by which—
4
‘‘(1) a State, Indian Tribe, Native Hawaiian or-
5
ganization, or person may report a covered vessel
6
that may be abandoned to the Commandant for po-
7
tential inclusion in the inventory established under
8
subsection (a);
9
‘‘(2) the Commandant shall review any such re-
10
port and add such vessel to the inventory if the
11
Commandant determines that the reported vessel is
12
abandoned pursuant to section 4711.
13
‘‘(e) CLARIFICATION.—Except in a response action
14 carried out under section 311(j) of the Federal Water Pol15 lution Control Act (33 U.S.C. 1321) or in the case of im16 minent threat to life and safety, the Commandant shall
17 not be responsible for removing any covered vessels listed
18 on the inventory established and maintained under sub19 section (a).’’.
20
(b) RULEMAKING.—The Secretary of the department
21 in which the Coast Guard is operating, in consultation
22 with the Secretary of the Army, acting through the Chief
23 of Engineers, and the Secretary of Commerce, acting
24 through the Under Secretary for Oceans and Atmosphere,
25 shall issue regulations with respect to the procedures for
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1 determining that a vessel is abandoned for the purposes
2 of subchapter II of chapter 47 of title 46, United States
3 Code (as added by this section).
4
(c) CONFORMING AMENDMENTS.—Chapter 47 of title
5 46, United States Code, is amended—
6
(1) in section 4701—
7
(A) in the matter preceding paragraph (1)
8
by striking ‘‘chapter’’ and inserting ‘‘sub-
9
chapter’’; and
10
(B) in paragraph (2) by striking ‘‘chapter’’
11
and inserting ‘‘subchapter’’;
12
(2) in section 4703 by striking ‘‘chapter’’ and
13
inserting ‘‘subchapter’’;
14
15
(3) in section 4704 by striking ‘‘chapter’’ each
place it appears and inserting ‘‘subchapter’’; and
16
(4) in section 4705 by striking ‘‘chapter’’ and
17
inserting ‘‘subchapter’’.
18
(d) CLERICAL AMENDMENTS.—The analysis for
19 chapter 47 of title 46, United States Code, is amended—
20
21
(1) by inserting before the item relating to section 4701 the following:
‘‘SUBCHAPTER I—BARGES’’; AND
22
(2) by adding at the end the following:
‘‘SUBCHAPTER II—NON-BARGE VESSELS
‘‘4710. Definitions.
‘‘4711. Abandonment of vessels prohibited.
‘‘4712. Inventory of abandoned vessels.’’.
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2
SEC. 7348. OFFSHORE OPERATIONS.
(a) IN GENERAL.—Section 3702(b) of title 46,
3 United States Code, is amended—
4
(1) in the matter preceding paragraph (1) by
5
striking ‘‘offshore drilling or production facilities in
6
the oil industry’’ and inserting ‘‘exploration, develop-
7
ment, or production of offshore drilling or produc-
8
tion facilities in the oil industry and non-mineral en-
9
ergy production’’; and
10
(2) in paragraph (2) by striking ‘‘oil exploi-
11
tation’’ and inserting ‘‘exploration, development, or
12
production of offshore energy resources’’.
13
(b) OIL FUEL TANK PROTECTION.—
14
(1) IN GENERAL.—Notwithstanding any other
15
provision of law and not later than 60 days after the
16
date of enactment of this Act, the Commandant
17
shall amend section 125.115(b) of title 46, Code of
18
Federal Regulations (as in effect on such date of en-
19
actment), to reflect the amendment made in sub-
20
section (a).
21
(2) APPLICATION.—If the Commandant fails to
22
amend the section described in paragraph (1) by the
23
date that is 60 days after the date of enactment of
24
this Act, then, in lieu of the application of such sec-
25
tion, the Secretary shall allow vessels to which sec-
26
tion 3702 of title 46, United States Code, applies to
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1
transfer fuel from the fuel supply tanks of such ves-
2
sel to offshore facilities in support of exploration, de-
3
velopment, or production of offshore energy re-
4
sources.
5
(c) OUTER CONTINENTAL SHELF ACTIVITIES.—
6
(1) IN GENERAL.—Not later than 60 days after
7
the date of enactment of this Act, the Commandant
8
shall amend section G6.3.a of the United States
9
Coast Guard Marine Safety Manual, Volume II ti-
10
tled ‘‘Materiel Inspection: Outer Continental Shelf
11
Activities’’,
12
(COMDTINST M16000.76) (as in effect on such
13
date of enactment), to reflect the amendment made
14
in subsection (a).
issued
September
20,
2021
15
(2) APPLICATION.—If the Commandant fails to
16
amend the section described in paragraph (1) by the
17
date that is 60 days after the date of enactment of
18
this Act, then the Secretary shall in lieu of such sec-
19
tion not apply section 3702 of title 46, United
20
States Code, to a documented vessel transferring
21
fuel from the fuel supply tanks of such vessel to an
22
offshore facility if such vessel is not a tanker and is
23
in the service of exploration, development, or produc-
24
tion of offshore energy resources.
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2
SEC. 7349. PORT ACCESS ROUTES.
(a) REGULATION.—Not later than 1 year after the
3 date of enactment of this Act, the Secretary of the depart4 ment in which the Coast Guard is operating shall issue
5 a regulation for nearshore and offshore shipping safety
6 fairways, to include a minimum appropriate width of not
7 less than the width proposed in the proposed rule of the
8 Coast Guard titled ‘‘Shipping Safety Fairways Along the
9 Atlantic Coast’’, issued on January 19, 2024 (89 Fed.
10 Reg. 3587).
11
(b) EXCEPTION.—The minimum appropriate width
12 under subsection (a) shall not apply to connector,
13 cutacross, or cutoff fairways, Traffic Separation Schemes,
14 or precautionary areas.
15
(c) APPLICABILITY.—In issuing the regulation under
16 subsection (a), the Secretary shall apply the regulation to
17 the geographic area covered by the proposed rule of the
18 Coast Guard titled ‘‘Shipping Safety Fairways Along the
19 Atlantic Coast’’, issued on January 19, 2024 (89 Fed.
20 Reg. 3587).
21
(d) EFFECTIVE DATE.—The regulation issued under
22 subsection (a) shall take effect on December 31, 2026.
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2
3
4
TITLE LXXIV—OIL POLLUTION
RESPONSE
SEC. 7401. VESSEL RESPONSE PLANS.
(a) SALVAGE AND MARINE FIREFIGHTING RESPONSE
5 CAPABILITY.—Section 311(j) of the Federal Water Pollu6 tion Control Act (33 U.S.C. 1321(j)) is amended by add7 ing at the end the following:
8
‘‘(10) SALVAGE
9
RESPONSE CAPABILITY.—
AND
MARINE
FIREFIGHTING
10
‘‘(A) IN GENERAL.—The President, acting
11
through the Secretary of the department in
12
which the Coast Guard is operating unless oth-
13
erwise delegated by the President, may re-
14
quire—
15
‘‘(i) periodic inspection of vessels and
16
salvage equipment, firefighting equipment,
17
and other major marine casualty response
18
equipment on or associated with vessels;
19
‘‘(ii) periodic verification of capabili-
20
ties to appropriately, and in a timely man-
21
ner, respond to a marine casualty, includ-
22
ing—
23
‘‘(I) drills, with or without prior
24
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‘‘(II) review of contracts and rel-
2
evant third-party agreements;
3
‘‘(III) testing of equipment;
4
‘‘(IV) review of training; and
5
‘‘(V) other evaluations of marine
6
casualty response capabilities, as de-
7
termined appropriate by the Presi-
8
dent; and
9
‘‘(iii) carrying of appropriate response
10
equipment for responding to a marine cas-
11
ualty that employs the best technology eco-
12
nomically feasible and that is compatible
13
with the safe operation of the vessel.
14
‘‘(B) DEFINITIONS.—In this paragraph:
15
‘‘(i) MARINE
CASUALTY.—The
term
16
‘marine casualty’ means a marine casualty
17
that is required to be reported pursuant to
18
paragraph (3), (4), or (5) of section 6101
19
of title 46, United States Code.
20
‘‘(ii)
SALVAGE
EQUIPMENT.—The
21
term ‘salvage equipment’ means any equip-
22
ment that is capable of being used to assist
23
a vessel in potential or actual danger in
24
order to prevent loss of life, damage or de-
25
struction of the vessel or its cargo, or re-
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lease of its contents into the marine envi-
2
ronment.’’.
3
(b) REPORT TO CONGRESS.—
4
(1) IN GENERAL.—Not later than 270 days
5
after the date of enactment of this Act, the Comp-
6
troller General of the United States shall submit to
7
the Committee on Transportation and Infrastructure
8
of the House of Representatives and the Committee
9
on Commerce, Science, and Transportation of the
10
Senate a report on—
11
(A) the state of marine firefighting au-
12
thorities, jurisdiction, and plan review; and
13
(B) other considerations with respect to
14
fires at waterfront facilities (including vessel
15
fires) and vessel fires on the navigable waters
16
(as such term is defined in section 502 of the
17
Federal Water Pollution Control Act (33 U.S.C.
18
1362)).
19
(2) CONTENTS.—In carrying out paragraph (1),
20
the Comptroller General shall—
21
(A) examine—
22
(i) collaboration among Federal and
23
non-Federal entities for purposes of reduc-
24
ing the risks to local communities of fires
25
described in paragraph (1);
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(ii) the prevalence and frequency of
2
such fires; and
3
(iii) the extent to which firefighters
4
and marine firefighters are aware of the
5
dangers of lithium-ion battery fires, includ-
6
ing lithium-ion batteries used for vehicles,
7
and how to respond to such fires;
8
(B) review methods of documenting and
9
sharing best practices throughout the maritime
10
community for responding to vessel fires; and
11
(C) make recommendations for—
12
(i) preparing for, responding to, and
13
training for such fires;
14
(ii) clarifying roles and responsibilities
15
of Federal and non-Federal entities in pre-
16
paring for, responding to, and training for
17
such fires; and
18
(iii) other topics for consideration.
19
SEC. 7402. USE OF MARINE CASUALTY INVESTIGATIONS.
20
Section 6308 of title 46, United States Code, is
21 amended—
22
23
(1) in subsection (a) by striking ‘‘initiated’’ and
inserting ‘‘conducted’’; and
24
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‘‘(e) For purposes of this section, an administrative
2 proceeding conducted by the United States includes pro3 ceedings under section 7701 and claims adjudicated under
4 section 1013 of the Oil Pollution Act of 1990 (33 U.S.C.
5 2713).’’.
6
7
SEC. 7403. TIMING OF REVIEW.
Section 1017 of the Oil Pollution Act of 1990 (33
8 U.S.C. 2717) is amended by adding at the end the fol9 lowing:
10
‘‘(g) TIMING OF REVIEW.—Before the date of com-
11 pletion of a removal action, no person may bring an action
12 under this Act, section 311 of the Federal Water Pollution
13 Control Act (33 U.S.C. 1321), or chapter 7 of title 5,
14 United States Code, challenging any decision relating to
15 such removal action that is made by an on-scene coordi16 nator appointed under the National Contingency Plan.’’.
17
18
SEC. 7404. ONLINE INCIDENT REPORTING SYSTEM.
(a) IN GENERAL.—Not later than 18 months after
19 the date of enactment of this Act, the National Response
20 Center shall submit to Congress a plan to design, fund,
21 and staff the National Response Center to develop and
22 maintain a web-based application by which the National
23 Response Center may receive notifications of oil dis24 charges or releases of hazardous substances.
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(b) DEVELOPMENT
OF
APPLICATION.—Not later
2 than 2 years after the date on which the plan is submitted
3 under subsection (a), the National Response Center
4 shall—
5
6
(1) complete development of the application described in such subsection; and
7
(2) allow notifications described in such sub-
8
section that are required under Federal law or regu-
9
lation to be made online using such application.
10
(c) USE OF APPLICATION.—In carrying out sub-
11 section (b), the National Response Center may not require
12 the notification of an oil discharge or release of a haz13 ardous substance to be made using the application devel14 oped under such subsection.
15
16
SEC. 7405. INVESTMENT.
Section 350 of Public Law 106–113 (43 U.S.C.
17 1474b note) is amended—
18
(1) by striking paragraph (5);
19
(2) by redesignating paragraphs (2), (3), (4),
20
(6), and (7) as subsections (c), (d), (e), (f), and (g),
21
respectively, and indenting the subsections appro-
22
priately;
23
(3) in paragraph (1)—
24
(A) by striking ‘‘(1) Notwithstanding any
25
other provision of law and subject to the provi-
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1
sions of paragraphs (5) and (7)’’ and inserting
2
the following:
3
‘‘(a) DEFINITIONS.—In this section:
4
‘‘(1) CONSENT DECREE.—The term ‘Consent
5
Decree’ means the consent decree issued in United
6
States v. Exxon Corporation, et al. (No. A91–082
7
CIV) and State of Alaska v. Exxon Corporation, et
8
al. (No. A91–083 CIV).
9
‘‘(2) FUND.—The term ‘Fund’ means the Nat-
10
ural Resource Damage Assessment and Restoration
11
Fund established pursuant to title I of the Depart-
12
ment of the Interior and Related Agencies Appro-
13
priations Act, 1992 (43 U.S.C. 1474b).
14
‘‘(3) OUTSIDE ACCOUNT.—The term ‘outside
15
account’ means any account outside the United
16
States Treasury.
17
‘‘(4) TRUSTEE.—The term ‘Trustee’ means a
18
Federal or State natural resource trustee for the
19
Exxon Valdez oil spill.
20
‘‘(b) DEPOSITS.—
21
22
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law and subject to subsection (g)’’;
23
(4) in subsection (b)(1) (as so designated)—
24
(A) in the matter preceding subparagraph
25
(A) by striking ‘‘issued in United States v.
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1
Exxon Corporation, et al. (No. A91–082 CIV)
2
and State of Alaska v. Exxon Corporation, et
3
al. (No. A91–083 CIV) (hereafter referred to as
4
the ‘Consent Decree’),’’;
5
(B) by striking subparagraphs (A) and (B)
6
and inserting the following:
7
‘‘(A) the Fund;
8
‘‘(B) an outside account; or’’; and
9
(C) in the undesignated matter following
10
subparagraph (C)—
11
(i) by striking ‘‘the Federal and State
12
natural resource trustees for the Exxon
13
Valdez oil spill (‘trustees’)’’ and inserting
14
‘‘the Trustees’’; and
15
(ii) by striking ‘‘Any funds’’ and in-
16
serting the following:
17
18
‘‘(2) REQUIREMENT FOR DEPOSITS IN OUTSIDE
ACCOUNTS.—Any funds’’;
19
(5) in subsection (c) (as redesignated by para-
20
graph (2)) by striking ‘‘(C) Joint’’ and inserting the
21
following:
22
‘‘(c) TRANSFERS.—Any joint’’;
23
(6) in subsection (d) (as redesignated by para-
24
graph (2)) by striking ‘‘(D) The transfer’’ and in-
25
serting the following:
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1
‘‘(d) NO EFFECT ON JURISDICTION.—The transfer’’;
2
(7) in subsection (e) (as redesignated by para-
3
graph (2))—
(A) by striking ‘‘(E) Nothing herein shall
4
5
6
affect’’ and inserting the following:
‘‘(e) EFFECT ON OTHER LAW.—Nothing in this sec-
7 tion affects’’; and
8
(B) by striking ‘‘trustees’’ and inserting
9
‘‘Trustees’’;
10
(8) in subsection (f) (as redesignated by para-
11
graph (2))—
12
(A) by striking ‘‘(F) The Federal trustees
13
and the State trustees’’ and inserting the fol-
14
lowing:
15
‘‘(f) GRANTS.—The Trustees’’; and
16
(B) by striking ‘‘this program’’ and insert-
17
ing ‘‘this section, prioritizing the issuance of
18
grants to facilitate habitat protection and habi-
19
tat restoration programs’’; and
20
(9) in subsection (g) (as redesignated by para-
21
graph (2))—
22
(A) in the second sentence, by striking
23
‘‘Upon the expiration of the authorities granted
24
in this section all’’ and inserting the following:
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1
2
‘‘(2) RETURN OF FUNDS.—On expiration of the
authority provided in this section, all’’; and
3
(B) by striking ‘‘(G) The authority’’ and
4
5
inserting the following:
‘‘(g) EXPIRATION.—
6
7
8
‘‘(1) IN GENERAL.—The authority’’.
SEC. 7406. ADDITIONAL RESPONSE ASSETS.
(a) EXEMPTION AND REQUIREMENTS.—Section 3302
9 of title 46, United States Code, is amended by adding at
10 the end the following:
11
‘‘(o) ADDITIONAL RESPONSE ASSETS.—
12
‘‘(1) VESSELS EXEMPT FROM INSPECTION.—
13
Except as otherwise provided in this subsection, a
14
qualified vessel engaged in a qualified oil spill re-
15
sponse shall not be subject to inspection if the quali-
16
fied vessel—
17
‘‘(A) has—
18
‘‘(i) an agreement by contract or
19
other approved means with an oil spill re-
20
moval organization to support a response
21
plan under section 311(j) of the Federal
22
Water Pollution Control Act (33 U.S.C.
23
1321(j)), including training and exercises
24
related to oil spill response activities; or
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1
‘‘(ii) been approved by the Secretary
2
to respond to a discharge of oil or to par-
3
ticipate in training and exercises related to
4
oil spill response activities;
5
‘‘(B) is normally and substantially involved
6
in activities other than, and not adapted to,
7
spill response;
8
‘‘(C) complies with all applicable laws for
9
the use of such vessel in the activities for which
10
such vessel is normally and substantially oper-
11
ated, including any inspection requirement
12
under this title for such use; and
13
‘‘(D) has at least 1 person aboard pos-
14
sessing certifications for, or who are in training
15
for, applicable hazardous waste operations and
16
emergency response.
17
‘‘(2) ALLOWANCES.—A qualified vessel under
18
paragraph (1) may—
19
20
‘‘(A) unless otherwise inspected as a towing vessel under this title, tow only—
21
‘‘(i) another vessel or a device, includ-
22
ing a bladder, designed to carry oil or oil
23
residues with the capacity of less than 250
24
barrels; or
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1
‘‘(ii) oil spill response equipment, in-
2
cluding boom, skimmers, or other response
3
equipment;
4
‘‘(B) carry—
5
‘‘(i) temporary storage containers on
6
board for recovered oil or oil-contaminated
7
materials collected during an oil spill re-
8
sponse, including bags, drums, and totes
9
as approved by the Secretary;
10
‘‘(ii) oil spill response equipment; or
11
‘‘(iii) no more than 6 passengers for
12
hire in support of a response plan under
13
Section 311(j) of the Federal Water Pollu-
14
tion Control Act (33 U.S.C. 1321(j)) ap-
15
proved by the Secretary unless the vessel
16
has been inspected under paragraph (4) or
17
(8) of section 3301 or is authorized by the
18
Secretary to carry more than 6 passengers
19
for hire;
20
‘‘(C) if the qualified vessel is a tank vessel,
21
be used for storage of recovered oil;
22
‘‘(D) conduct any other operation, or en-
23
gage in training or exercises, in support of a re-
24
sponse plan under section 311(j) of the Federal
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1
Water
2
1321(j)) approved by the Secretary.
3
‘‘(3) DEFINITIONS.—In this subsection:
4
Pollution
‘‘(A)
Control
QUALIFIED
Act
(33
U.S.C.
VESSEL.—The
term
5
‘qualified vessel’ means a vessel operating in
6
Coast Guard District Arctic.
7
‘‘(B) QUALIFIED
OIL SPILL.—The
term
8
‘qualified oil spill’ means an oil spill occurring
9
in waters subject to the jurisdiction of Coast
10
Guard District Arctic.’’.
11
(b) REPEAL.—Section 11316 of the James M. Inhofe
12 National Defense Authorization Act for Fiscal Year 2023
13 (Public Law 117–263), and the items relating to such sec14 tion in the table of contents in sections 2(b) and 11001(b)
15 of such Act, are repealed.
16
(c) SAVINGS CLAUSE.—Nothing in this section shall
17 nullify or invalidate the authorities and responsibilities
18 prescribed in section 50.10-10 of title 46, Code of Federal
19 Regulations, for the Officer in Charge, Marine Inspection.
20
SEC. 7407. INTERNATIONAL MARITIME OIL SPILL RE-
21
22
SPONSE.
(a) IN GENERAL.—Not later than 180 days after the
23 date of enactment of this Act, the Commandant shall, in
24 coordination with other Federal agencies, as appropriate,
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1 review and update the Canada-US Joint Maritime Pollu2 tion Contingency Plan.
3
(b) REQUIREMENTS.—In carrying out subsection (a),
4 the Commandant shall—
5
6
(1) review each geographic annex within the
contingency plan;
7
8
(2) for each geographic area covered by the
plan—
9
(A) analyze the vessel traffic patterns, in-
10
cluding the types of vessels transiting the area,
11
and assess the risks of a pollution incident;
12
(B) assess the risks of a pollution incident;
13
and
14
(C) update the plan based on such analysis
15
and assessment;
16
(3) determine if any of the areas should be ex-
17
panded or modified, and update the plan accordingly
18
to include future risk projections; and
19
(4) evaluate the coverage and gaps of response
20
assets on each side of the United States-Canada bor-
21
der and the manner in which such assets may be
22
able to aid in implementing such plan.
23
(c) EXERCISES.—The Commandant, in coordination
24 with the Secretary of State, shall conduct a joint training
25 exercise not less than once a year to determine emergency
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1 response capabilities and identify other types of support
2 necessary to effectuate a successful oil spill response, in
3 accordance with the Canada-US Joint Maritime Pollution
4 Contingency Plan, including any update to such Plan car5 ried out pursuant to subsection (a).
TITLE LXXV—SEXUAL ASSAULT
7
AND SEXUAL HARASSMENT
8
RESPONSE
9
Subtitle A—Accountability
10
Implementation
6
11
SEC. 7501. INDEPENDENT REVIEW OF COAST GUARD RE-
12
13
14
FORMS.
(a) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
15
(1) IN GENERAL.—Not later than 1 year after
16
the date of enactment of this Act, the Comptroller
17
General of the United States shall report to the
18
Committee on Transportation and Infrastructure of
19
the House of Representatives and the Committee on
20
Commerce, Science, and Transportation of the Sen-
21
ate on the efforts of the Coast Guard to mitigate
22
cases of sexual assault and sexual harassment within
23
the service.
24
25
(2) ELEMENTS.—The report required under
paragraph (1) shall—
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1
(A) evaluate—
2
(i) the efforts of the Commandant to
3
implement the directed actions from enclo-
4
sure 1 of the memorandum titled ‘‘Com-
5
mandant’s
6
ability and Transparency’’ dated November
7
27, 2023;
Directed
Actions—Account-
8
(ii) whether the Commandant met the
9
reporting requirements under section 5112
10
of title 14, United States Code; and
11
(iii) the effectiveness of the actions of
12
the Coast Guard, including efforts outside
13
of the actions described in the memo-
14
randum titled ‘‘Commandant’s Directed
15
Actions—Accountability
16
parency’’ dated November 27, 2023, to
17
mitigate instances of sexual assault and
18
sexual harassment and improve the en-
19
forcement relating to such instances within
20
the Coast Guard, and how the Coast
21
Guard is overcoming challenges in imple-
22
menting such actions;
23
(B) make recommendations to the Com-
24
mandant for improvements to the efforts of the
25
service to mitigate instances of sexual assault
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and
Trans-
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2583
1
and sexual harassment and improve the en-
2
forcement relating to such instances within the
3
Coast Guard; and
4
(C) make recommendations to the Com-
5
mittee on Transportation and Infrastructure of
6
the House of Representatives and the Com-
7
mittee on Commerce, Science, and Transpor-
8
tation of the Senate to mitigate instances of
9
sexual assault and sexual harassment in the
10
Coast Guard and improve the enforcement re-
11
lating to such instances within the Coast
12
Guard, including proposed changes to any legis-
13
lative authorities.
14
(b) REPORT BY COMMANDANT.—Not later than 90
15 days after the date on which the Comptroller General com16 pletes all actions under subsection (a), the Commandant
17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the
20 Senate a detailed written report that includes the fol21 lowing:
22
(1) A plan for Coast Guard implementation, in-
23
cluding interim milestones and timeframes, of any
24
recommendation made by the Comptroller General
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1
under subsection (a)(2)(B) with which the Com-
2
mandant concurs.
3
(2) With respect to any recommendation made
4
under subsection (a)(2)(B) with which the Com-
5
mandant does not concur, an explanation of the de-
6
tailed reasons why the Commandant does not con-
7
cur.
8
SEC. 7502. COAST GUARD IMPLEMENTATION OF INDE-
9
PENDENT
10
OMMENDATIONS ON ADDRESSING SEXUAL
11
ASSAULT AND SEXUAL HARASSMENT IN THE
12
MILITARY.
13
REVIEW
COMMISSION
REC-
(a) IN GENERAL.—Not later than 180 days after the
14 date of enactment of this Act, the Commandant shall re15 view the report of the Independent Review Commission ti16 tled ‘‘Hard Truths and the Duty to Change: Recommenda17 tions from the Independent Review Commission on Sexual
18 Assault in the Military’’ referred to in the memorandum
19 of the Department of Defense titled ‘‘Memorandum for
20 Senior Pentagon Leadership Commanders of the Combat21 ant Commands Defense Agency and DoD Field Activity
22 Directors’’, dated September 22, 2021, (relating to com23 mencing Department of Defense actions and implementa24 tion of the recommendations of the Independent Review
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1 Commission to address sexual assault and sexual harass2 ment in the military).
3
(b) STRATEGY AND ACTION PLAN.—On completion
4 of the review required under subsection (a), and not later
5 than 1 year after the date of enactment of this Act, the
6 Commandant shall submit to the Committee on Com7 merce, Science, and Transportation of the Senate and the
8 Committee on Transportation and Infrastructure of the
9 House of Representatives a written and detailed strategy
10 and a written and detailed action plan that—
11
(1)(A) identifies any recommendation set forth
12
in the report by the Independent Review Commis-
13
sion described in subsection (a) that addresses a
14
matter that is not within the jurisdiction of the
15
Coast Guard, does not apply to the Coast Guard, or
16
otherwise would not be beneficial to members of the
17
Coast Guard, as determined by the Commandant;
18
and
19
(B) includes a brief rationale for such de-
20
termination; and
21
(2) with respect to each recommendation set
22
forth in such report that is not identified under
23
paragraph (1), includes—
24
25
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2586
1
(ii) a description of changes the Com-
2
mandant will make to associated Coast
3
Guard policies so as to enable the imple-
4
mentation of the recommendation;
5
(iii) an estimated timeline for imple-
6
mentation of the recommendation;
7
(iv) the estimated cost of the imple-
8
mentation;
9
(v) legislative proposals for such im-
10
plementation, as appropriate; and
11
(vi) any other information the Com-
12
mandant considers appropriate; or
13
(B) in the case of such a recommendation
14
that the Commandant is unable to implement,
15
an explanation of the reason the recommenda-
16
tion cannot be implemented.
17
(c) BRIEFING.—Not later than 90 days after the date
18 of enactment of this Act, and every 180 days thereafter
19 through 2028, the Commandant shall provide the Com20 mittee on Commerce, Science, and Transportation of the
21 Senate and the Committee on Transportation and Infra22 structure of the House of Representatives with a briefing
23 on the status of the implementation of this section and
24 any modification to the strategy and plan submitted under
25 subsection (b).
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Subtitle B—Misconduct
1
2
3
SEC. 7511. COVERED MISCONDUCT.
(a) IN GENERAL.—Chapter 25 of title 14, United
4 States Code, is amended by adding at the end the fol5 lowing:
6
‘‘SUBCHAPTER III—COVERED MISCONDUCT
7 ‘‘§ 2531. Comprehensive policy and procedures on re8
tention
9
records relating to sexual misconduct
10
and other misconduct
11
and
access
to
evidence
and
‘‘(a) ISSUANCE OF POLICY.—Not later than 1 year
12 after the date of enactment of the Coast Guard Authoriza13 tion Act of 2025, the Secretary, in consultation with the
14 Office of the Inspector General of the department in which
15 the Coast Guard is operating and the Office of the Inspec16 tor General of the Department of Defense, shall issue a
17 comprehensive policy for the Coast Guard on the retention
18 of and access to evidence and records relating to covered
19 misconduct involving members of the Coast Guard.
20
‘‘(b) OBJECTIVES.—The comprehensive policy re-
21 quired by subsection (a) shall revise existing policies and
22 procedures, including systems of records, as necessary to
23 ensure preservation of such evidence and records for peri24 ods sufficient—
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1
‘‘(1) to ensure that members of the Coast
2
Guard who were victims of covered misconduct are
3
able to pursue claims for veterans benefits;
4
‘‘(2) to support administrative processes, crimi-
5
nal proceedings, and civil litigation conducted by
6
military or civil authorities; and
7
‘‘(3) for such other purposes relating to the
8
documentation of an incident of covered misconduct
9
in the Coast Guard as the Secretary considers ap-
10
propriate.
11
‘‘(c) ELEMENTS.—
12
‘‘(1) IN
GENERAL.—In
developing the com-
13
prehensive policy required by subsection (a), the Sec-
14
retary shall, at a minimum—
15
‘‘(A) identify records relating to an inci-
16
dent of covered misconduct that shall be re-
17
tained;
18
‘‘(B) with respect to records relating to
19
covered misconduct involving members of the
20
Coast Guard that are not records of the Coast
21
Guard, identify such records known to or in the
22
possession of the Coast Guard, and set forth
23
procedures for Coast Guard coordination with
24
the custodian of such records for proper reten-
25
tion of the records;
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1
‘‘(C) set forth criteria for the collection
2
and retention of records relating to covered
3
misconduct involving members of the Coast
4
Guard;
5
‘‘(D) identify physical evidence and non-
6
documentary forms of evidence relating to cov-
7
ered misconduct that shall be retained;
8
‘‘(E) set forth the period for which evi-
9
dence and records relating to covered mis-
10
conduct involving members of the Coast Guard,
11
including Coast Guard Form 6095, shall be re-
12
tained, except that—
13
‘‘(i) any physical or forensic evidence
14
relating to rape or sexual assault, as de-
15
scribed in sections 920(a) and 920(b) of
16
title 10 (articles 120(a) and 120(b) of the
17
Uniform Code of Military Justice), shall be
18
retained not less than 50 years, and for
19
other covered misconduct not less than the
20
statute of limitations of the alleged offense
21
under the Uniform Code of Military Jus-
22
tice; and
23
‘‘(ii) documentary evidence relating to
24
rape or sexual assault, as described in sec-
25
tions 920(a) and 920(b) of title 10 (arti-
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1
cles 120(a) and 120(b) of the Uniform
2
Code of Military Justice), shall be retained
3
not less than 50 years;
4
‘‘(F) consider locations in which such
5
records shall be stored;
6
‘‘(G) identify media and methods that may
7
be used to preserve and ensure access to such
8
records, including electronic systems of records;
9
‘‘(H) ensure the protection of privacy of—
10
‘‘(i) individuals named in records and
11
status of records under section 552 of title
12
5 (commonly referred to as the ‘Freedom
13
of Information Act’) and section 552a of
14
title 5 (commonly referred to as the ‘Pri-
15
vacy Act’); and
16
‘‘(ii) individuals named in restricted
17
reporting cases;
18
‘‘(I) designate the 1 or more positions
19
within the Coast Guard that shall have the re-
20
sponsibility for such record retention by the
21
Coast Guard;
22
‘‘(J) require education and training for
23
members and civilian employees of the Coast
24
Guard on record retention requirements under
25
this section;
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1
‘‘(K) set forth criteria for access to such
2
records relating to covered misconduct involving
3
members of the Coast Guard, including whether
4
the consent of the victim should be required,
5
by—
6
‘‘(i) victims of covered misconduct;
7
‘‘(ii) law enforcement authorities;
8
‘‘(iii) the Department of Veterans Af-
9
fairs; and
10
‘‘(iv) other individuals and entities, in-
11
cluding alleged assailants;
12
‘‘(L) require uniform collection of data
13
on—
14
15
‘‘(i) the incidence of covered misconduct in the Coast Guard; and
16
‘‘(ii) disciplinary actions taken in sub-
17
stantiated cases of covered misconduct in
18
the Coast Guard; and
19
‘‘(M) set forth standards for communica-
20
tions with, and notifications to, victims, con-
21
sistent with—
22
23
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‘‘(i) the requirements of any applicable Department of Defense policy; and
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G:\CMTE\AS\26\C\RCP.XML
2592
1
‘‘(ii) to the extent practicable, any ap-
2
plicable policy of the department in which
3
the Coast Guard is operating.
4
‘‘(2) RETENTION OF CERTAIN FORMS AND EVI-
5
DENCE IN CONNECTION WITH RESTRICTED REPORTS
6
AND UNRESTRICTED REPORTS OF SEXUAL ASSAULT
7
INVOLVING MEMBERS OF THE COAST GUARD.—
8
‘‘(A) IN
GENERAL.—The
comprehensive
9
policy required by subsection (a) shall require
10
all unique or original copies of Coast Guard
11
Form 6095 filed in connection with a restricted
12
or unrestricted report on an alleged incident of
13
rape or sexual assault, as described in sections
14
920(a) and 920(b) of title 10 (articles 120(a)
15
and 120(b) of the Uniform Code of Military
16
Justice), involving a member of the Coast
17
Guard to be retained for the longer of—
18
‘‘(i) 50 years commencing on the date
19
of signature of the covered person on
20
Coast Guard Form 6095; or
21
‘‘(ii) the time provided for the reten-
22
tion of such form in connection with unre-
23
stricted and restricted reports on incidents
24
of sexual assault involving members of the
25
Coast Guard under Coast Guard policy.
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1
‘‘(B)
2
TIALITY.—Any
3
under subparagraph (A) shall be retained in a
4
manner that protects the confidentiality of the
5
member of the Coast Guard concerned in ac-
6
cordance with Coast Guard policy.
7
‘‘(3) RETENTION OF CASE NOTES IN INVES-
8
TIGATIONS OF COVERED MISCONDUCT INVOLVING
9
MEMBERS OF THE COAST GUARD.—
10
PROTECTION
CONFIDEN-
OF
Coast Guard form retained
‘‘(A) REQUIRED RETENTION OF ALL IN-
11
VESTIGATIVE
12
policy required by subsection (a) shall require,
13
for all criminal investigations relating to an al-
14
leged incident of covered misconduct involving a
15
member of the Coast Guard, the retention of all
16
elements of the case file.
RECORDS.—The
comprehensive
17
‘‘(B) ELEMENTS.—The elements of the
18
case file to be retained under subparagraph (A)
19
shall include, at a minimum—
20
‘‘(i) the case activity record;
21
‘‘(ii) the case review record;
22
‘‘(iii) investigative plans; and
23
‘‘(iv) all case notes made by any in-
24
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December 7, 2025 (12:02 p.m.)
vestigating agent.
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2594
1
‘‘(C) RETENTION PERIOD.—All elements of
2
the case file shall be retained for not less than
3
50 years for cases involving rape or sexual as-
4
sault, as described in sections 920(a) and
5
920(b) of title 10 (articles 120(a) and 120(b)
6
of the Uniform Code of Military Justice), and
7
not less than the statute of limitations of the
8
alleged offense under the Uniform Code of Mili-
9
tary Justice for other covered misconduct, and
10
no element of any such case file may be de-
11
stroyed until the expiration of such period.
12
‘‘(4) RETURN OF PERSONAL PROPERTY UPON
13
COMPLETION OF RELATED PROCEEDINGS IN UNRE-
14
STRICTED REPORTING CASES.—Notwithstanding the
15
records and evidence retention requirements de-
16
scribed in paragraphs (1)(E) and (2), personal prop-
17
erty retained as evidence in connection with an inci-
18
dent of rape or sexual assault, as described in sec-
19
tions 920(a) and 920(b) of title 10 (articles 120(a)
20
and 120(b) of the Uniform Code of Military Jus-
21
tice), involving a member of the Coast Guard may
22
be returned to the rightful owner of such property
23
after the conclusion of all legal, adverse action, and
24
administrative proceedings related to such incident,
25
as determined by the Commandant.
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2595
1
2
‘‘(5) RETURN OF PERSONAL PROPERTY IN RESTRICTED REPORTING CASES.—
3
‘‘(A) IN GENERAL.—The Secretary shall
4
prescribe procedures under which a victim who
5
files a restricted report of an incident of sexual
6
assault may request, at any time, the return of
7
any personal property of the victim obtained as
8
part of the sexual assault forensic examination.
9
‘‘(B) REQUIREMENTS.—The procedures re-
10
quired by subparagraph (A) shall ensure that—
11
‘‘(i) a request by a victim for the re-
12
turn of personal property described under
13
subparagraph (A) may be made on a con-
14
fidential basis and without affecting the re-
15
stricted nature of the restricted report; and
16
‘‘(ii) at the time of the filing of the re-
17
stricted report, a Special Victims’ Counsel,
18
Sexual Assault Response Coordinator, or
19
Sexual Assault Prevention and Response
20
Victim Advocate—
21
‘‘(I) informs the victim that the
22
victim may request the return of per-
23
sonal property as described in such
24
subparagraph; and
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G:\CMTE\AS\26\C\RCP.XML
2596
1
‘‘(II) advises the victim that such
2
a request for the return of personal
3
property may negatively impact a sub-
4
sequent case adjudication if the victim
5
later decides to convert the restricted
6
report to an unrestricted report.
7
‘‘(C) RULE
OF CONSTRUCTION.—Except
8
with respect to personal property returned to a
9
victim under this paragraph, nothing in this
10
paragraph may be construed to affect the re-
11
quirement to retain a sexual assault forensic ex-
12
amination kit for the period specified in para-
13
graph (2).
14
‘‘(6) VICTIM ACCESS TO RECORDS.—With re-
15
spect to victim access to records after all final dis-
16
position actions and any appeals have been com-
17
pleted, as applicable, the comprehensive policy re-
18
quired by subsection (a) shall provide that, to the
19
maximum extent practicable, and in such a manner
20
that will not jeopardize an active investigation or an
21
active case—
22
‘‘(A) a victim of covered misconduct in a
23
case in which either the victim or alleged perpe-
24
trator is a covered person shall have access to
25
all records that are directly related to the vic-
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
2597
1
tim’s case, or related to the victim themselves,
2
in accordance with the policy issued under sub-
3
section (a) and subject to required protections
4
under sections 552 and 552a of title 5;
5
‘‘(B) a victim of covered misconduct who
6
requests access to records under section 552 or
7
552a of title 5 concerning the victim’s case
8
shall be determined to have a compelling need,
9
and the records request shall be processed
10
under expedited processing procedures, if in the
11
request for such records the victim indicates
12
that the records concerned are related to the
13
covered misconduct case;
14
‘‘(C) in applying sections 552 and 552a of
15
title 5 to the redaction of information related to
16
a records request by a victim of covered mis-
17
conduct made under such sections after all final
18
disposition actions and any appeals have been
19
completed—
20
‘‘(i) any such redaction shall be ap-
21
plied to the minimum extent possible so as
22
to ensure the provision of the maximum
23
amount of unredacted information to the
24
victim that is permissible by law; and
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2598
1
‘‘(ii) any such redaction shall not be
2
applied to—
3
‘‘(I) receipt by the victim of the
4
victim’s own statement; or
5
‘‘(II) the victim’s information
6
from an investigation; and
7
‘‘(D) in the case of such a records request
8
for which the timelines for expedited processing
9
are not met, the Commandant shall provide to
10
the Secretary, the Committee on Commerce,
11
Science, and Transportation of the Senate, and
12
the Committee on Transportation and Infra-
13
structure of the House of Representatives in
14
person and in writing a briefing that explains
15
the reasons for the denial or the delay in proc-
16
essing, as applicable.
17
‘‘(d) DEFINITION OF COVERED PERSON.—In this
18 section, the term ‘covered person’ includes—
19
20
‘‘(1) a member of the Coast Guard on active
duty;
21
‘‘(2) a member of the Coast Guard Reserve
22
with respect to crimes investigated by or reported to
23
the Secretary on any date on which such member is
24
in a military status under section 802 of title 10 (ar-
25
ticle 2 of the Uniform Code of Military Justice);
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2599
1
‘‘(3) a former member of the Coast Guard with
2
respect to crimes investigated by or reported to the
3
Secretary; and
4
‘‘(4) in the case of an investigation of covered
5
misconduct conducted by, or an incident of covered
6
misconduct reported to, the Coast Guard involving a
7
civilian employee of the Coast Guard, any such civil-
8
ian employee of the Coast Guard.
9
‘‘(e) SAVINGS CLAUSE.—Nothing in this section au-
10 thorizes or requires, or shall be construed to authorize or
11 require, the discovery, inspection, or production of reports,
12 memoranda, or other internal documents or work product
13 generated by counsel, an attorney for the Government, or
14 their assistants or representatives.
15 ‘‘§ 2532. Requirement to maintain certain records
16
‘‘(a) IN GENERAL.—The Commandant shall maintain
17 all work product related to documenting a disposition deci18 sion on an investigation by the Coast Guard Investigative
19 Service or other law enforcement entity investigating a
20 Coast Guard member accused of an offense against chap21 ter 47 of title 10.
22
‘‘(b) RECORD RETENTION PERIOD.—Work product
23 documents and the case action summary described in sub24 section (c) shall be maintained for a period of not less
25 than 7 years from the date of the disposition decision.
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2600
1
‘‘(c) CASE ACTION SUMMARY.—Upon a final disposi-
2 tion action for cases described in subsection (a), except
3 for offenses of wrongful use or possession of a controlled
4 substance under section 912a of title 10 (article 112a of
5 the Uniform Code of Military Justice), where the member
6 accused is an officer of pay grade O–4 and below or an
7 enlisted member of pay grade E–7 and below, a convening
8 authority shall sign a case action summary that includes
9 the following:
10
‘‘(1) The disposition actions.
11
‘‘(2) The name and command of the referral
12
authority.
13
‘‘(3) Records documenting when a referral au-
14
thority consulted with a staff judge advocate or spe-
15
cial trial counsel, as applicable, before a disposition
16
action was taken, to include the recommendation of
17
the staff judge advocate or special trial counsel.
18
19
‘‘(4) A reference section listing the materials reviewed in making a disposition decision.
20
21
‘‘(5) The Coast Guard Investigative Service report of investigation.
22
‘‘(6) The completed Coast Guard Investigative
23
Service report of adjudication included as an enclo-
24
sure.
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2601
1
‘‘(d) DEFINITION.—In this section, the term ‘work
2 product’ includes—
3
‘‘(1) a prosecution memorandum;
4
‘‘(2) emails, notes, and other correspondence re-
5
lated to a disposition decision; and
6
‘‘(3) the contents described in paragraphs (1)
7
through (6) of subsection (c).
8
‘‘(e) SAVINGS CLAUSE.—Nothing in this section au-
9 thorizes or requires, or shall be construed to authorize or
10 require, the discovery, inspection, or production of reports,
11 memoranda, or other internal documents or work product
12 generated by counsel, an attorney for the Government, or
13 their assistants or representatives.
14 ‘‘§ 2533. Covered misconduct in Coast Guard
15
‘‘(a) IN GENERAL.—Not later than March 1 each
16 year, the Commandant shall submit to the Committee on
17 Commerce, Science, and Transportation of the Senate and
18 the Committee on Transportation and Infrastructure of
19 the House of Representatives a report on incidents of cov20 ered misconduct involving members of the Coast Guard,
21 including recruits and officer candidates, and claims of re22 taliation related to the reporting of any such incident.
23
‘‘(b) CONTINUITY OF DATA AND REPORTING.—In
24 carrying out this section, the Commandant shall ensure
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G:\CMTE\AS\26\C\RCP.XML
2602
1 the continuity of data collection and reporting such that
2 the ability to analyze trends is not compromised.
3
‘‘(c) CONTENTS.—
4
‘‘(1) INCIDENTS INVOLVING MEMBERS.—
5
‘‘(A) INFORMATION AND DATA.—
6
‘‘(i) IN GENERAL.—Each report re-
7
quired under subsection (a) shall include,
8
for the preceding calendar year, informa-
9
tion and data on—
10
‘‘(I) incidents of covered mis-
11
conduct; and
12
‘‘(II)
incidents
of
retaliation
13
against a member of the Coast Guard
14
related to the reporting of covered
15
misconduct, disaggregated by type of
16
retaliation claim.
17
‘‘(ii) INCLUSIONS.—The information
18
and data on the incidents described in
19
clause (i) shall include the following:
20
‘‘(I) All incidents of covered mis-
21
conduct and retaliation described in
22
clause (i) reported to the Com-
23
mandant or any other official of the
24
Coast Guard during the preceding cal-
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G:\CMTE\AS\26\C\RCP.XML
2603
1
endar year (referred to in this sub-
2
section as a ‘reported incident’).
3
‘‘(II) The number of reported in-
4
cidents committed against members of
5
the Coast Guard.
6
‘‘(III) The number of reported
7
incidents committed by members of
8
the Coast Guard.
9
‘‘(IV) Information on reported
10
incidents, in accordance with the pol-
11
icy prescribed under section 549G(b)
12
of the National Defense Authorization
13
Act for Fiscal Year 2022 (10 U.S.C.
14
1561 note), to the maximum extent
15
practicable.
16
‘‘(V) The number of reported in-
17
cidents that were entered into the
18
Catch a Serial Offender system, in-
19
cluding the number of such incidents
20
that resulted in the identification of a
21
potential or confirmed match.
22
‘‘(VI) The number of reported in-
23
cidents that were substantiated (re-
24
ferred to in this subsection as a ‘sub-
25
stantiated reported incident’).
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2604
1
‘‘(VII) A synopsis of each sub-
2
stantiated reported incident that in-
3
cludes—
4
‘‘(aa) a brief description of
5
the nature of the incident;
6
‘‘(bb) whether the accused
7
member has previously been con-
8
victed of sexual assault; and
9
‘‘(cc)
whether
alcohol
or
10
other controlled or prohibited
11
substances were involved in the
12
incident, and a description of the
13
involvement.
14
‘‘(VIII) The type of case disposi-
15
tion associated with each substan-
16
tiated reported incident, such as—
17
‘‘(aa) conviction and sen-
18
tence by court-martial, including
19
charges and specifications for
20
which convicted;
21
‘‘(bb) acquittal of all charges
22
at court-martial;
23
‘‘(cc) as appropriate, imposi-
24
tion of a nonjudicial punishment
25
under section 815 of title 10 (ar-
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2605
1
ticle 15 of the Uniform Code of
2
Military Justice);
3
‘‘(dd) as appropriate, admin-
4
istrative action taken, including a
5
description of each type of such
6
action imposed;
7
‘‘(ee)
dismissal
of
all
8
charges, including a description
9
of each reason for dismissal and
10
the stage at which dismissal oc-
11
curred; and
12
‘‘(ff) whether the accused
13
member was administratively sep-
14
arated or, in the case of an offi-
15
cer, allowed to resign in lieu of
16
court-martial, and the character-
17
ization (honorable, general, or
18
other than honorable) of the
19
service of the member upon sepa-
20
ration or resignation.
21
‘‘(IX) With respect to any inci-
22
dent of covered misconduct reported
23
to the Commandant or any other offi-
24
cial of the Coast Guard during the
25
preceding calendar year that involves
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2606
1
a report of retaliation relating to the
2
incident—
3
‘‘(aa) a narrative description
4
of the retaliation claim;
5
‘‘(bb) the nature of the rela-
6
tionship between the complainant
7
and the individual accused of
8
committing the retaliation; and
9
‘‘(cc) the nature of the rela-
10
tionship between the individual
11
accused of committing the cov-
12
ered misconduct and the indi-
13
vidual accused of committing the
14
retaliation.
15
‘‘(X) The disposition of or action
16
taken by the Coast Guard or any
17
other Federal, State, local, or Tribal
18
entity with respect to a substantiated
19
reported incident.
20
‘‘(XI) With respect to any inves-
21
tigation of a reported incident—
22
‘‘(aa) the status of the in-
23
vestigation or information relat-
24
ing to any referral to outside law
25
enforcement entities;
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2607
1
‘‘(bb) the official or office of
2
the Coast Guard that received
3
the complaint;
4
‘‘(cc) a description of the re-
5
sults of such an investigation or
6
information
7
whether the results of the inves-
8
tigation were provided to the
9
complainant; or
10
with
respect
to
‘‘(dd) whether the investiga-
11
tion
12
under chapter 47 of title 10 (the
13
Uniform Code of Military Jus-
14
tice).
15
substantiated
an
offense
‘‘(iii) FORMAT.—With respect to the
16
information
17
clause (i), the Commandant shall report
18
such information and data separately for
19
each type of covered misconduct offense,
20
and shall not aggregate the information
21
and data for multiple types of covered mis-
22
conduct offenses.
23
‘‘(B) TRENDS.—Subject to subsection (b),
24
beginning on the date of enactment of the
25
Coast Guard Authorization Act of 2025, each
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December 7, 2025 (12:02 p.m.)
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and
data
required
under
G:\CMTE\AS\26\C\RCP.XML
2608
1
report required by subsection (a) shall include,
2
for the preceding calendar year, an analysis or
3
assessment of trends in the occurrence, as ap-
4
plicable, of incidents described in subparagraph
5
(A)(i), since the date of enactment of the Coast
6
Guard and Maritime Transportation Act of
7
2012 (Public Law 112–213).
8
‘‘(C) RESPONSE.—Each report required
9
under subsection (a) shall include, for the pre-
10
ceding calendar year, a description of the poli-
11
cies, procedures, processes, initiatives, investiga-
12
tions (including overarching investigations), re-
13
search, or studies implemented by the Com-
14
mandant in response to any incident described
15
in subparagraph (A)(i) involving a member of
16
the Coast Guard.
17
‘‘(D) PLAN.—Each report required under
18
subsection (a) shall include a plan for actions to
19
be taken during the year following the year cov-
20
ered by the report to enhance the prevention of
21
and response to incidents described in subpara-
22
graph (A)(i) involving members of the Coast
23
Guard.
24
25
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‘‘(E) COVERED MISCONDUCT PREVENTION
AND RESPONSE ACTIVITIES.—Each
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report re-
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2609
1
quired under subsection (a) shall include an as-
2
sessment of the adequacy of covered misconduct
3
prevention and response activities related to in-
4
cidents described in subparagraph (A)(i) carried
5
out by the Coast Guard during the preceding
6
calendar year.
7
‘‘(F) CONTRIBUTING FACTORS.—Each re-
8
port required under subsection (a) shall include,
9
for
10
(A)(i)—
incidents
11
described
in
subparagraph
‘‘(i) an analysis of the factors that
12
may have contributed to such incidents;
13
‘‘(ii) an assessment of the role of such
14
factors in contributing to such incidents
15
during such year; and
16
‘‘(iii) recommendations for mecha-
17
nisms to eliminate or reduce such contrib-
18
uting factors.
19
20
‘‘(2) INCIDENTS INVOLVING RECRUITS AND OFFICER CANDIDATES.—
21
‘‘(A) INFORMATION AND DATA.—
22
‘‘(i) IN
GENERAL.—Subject
to sub-
23
section (b), each report required under
24
subsection (a) shall include, as a separate
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2610
1
appendix or enclosure, for the preceding
2
calendar year, information and data on—
3
‘‘(I) incidents of covered mis-
4
conduct involving a recruit of the
5
Coast Guard at Training Center Cape
6
May or an officer candidate at the
7
Coast
8
School; and
9
‘‘(II)
Guard
Officer
incidents
of
Candidate
retaliation
10
against such a recruit or officer can-
11
didate related to the reporting of cov-
12
ered misconduct, disaggregated by
13
type of retaliation claim.
14
‘‘(ii) INCLUSIONS.—
15
‘‘(I) IN GENERAL.—The informa-
16
tion and data on the incidents de-
17
scribed in clause (i) shall include the
18
following:
19
‘‘(aa) All incidents of cov-
20
ered misconduct and retaliation
21
described in clause (i) reported to
22
the Commandant or any other of-
23
ficial of the Coast Guard during
24
the preceding calendar year (re-
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2611
1
ferred to in this subsection as a
2
‘reported incident’).
3
‘‘(bb) The number of re-
4
ported
5
against recruits and officer can-
6
didates described in clause (i)(I).
7
‘‘(cc) The number of re-
8
ported incidents committed by
9
such recruits and officer can-
10
didates.
incidents
committed
11
‘‘(dd) Information on re-
12
ported incidents, in accordance
13
with the policy prescribed under
14
section 549G(b) of the National
15
Defense Authorization Act for
16
Fiscal Year 2022 (10 U.S.C.
17
1561 note), to the maximum ex-
18
tent practicable.
19
‘‘(ee)(AA) The number of
20
reported incidents that were en-
21
tered into the Catch a Serial Of-
22
fender system.
23
‘‘(BB) Of such reported
24
incidents entered into such
25
system, the number that re-
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2612
1
sulted in the identification of
2
a
3
match.
4
‘‘(ff) The number of re-
5
ported incidents that were sub-
6
stantiated (referred to in this
7
subsection as a ‘substantiated re-
8
ported incident’).
potential
or
confirmed
9
‘‘(gg) A synopsis of each
10
substantiated reported incident
11
that includes—
12
‘‘(AA) a brief descrip-
13
tion of the nature of the in-
14
cident; and
15
‘‘(BB) whether alcohol
16
or other controlled or pro-
17
hibited substances were in-
18
volved in the incident, and a
19
description of the involve-
20
ment.
21
‘‘(hh) The type of case dis-
22
position associated with each sub-
23
stantiated reported incident, such
24
as—
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2613
1
‘‘(AA) conviction and
2
sentence by court-martial,
3
including charges and speci-
4
fications for which convicted;
5
‘‘(BB) acquittal of all
6
charges at court-martial;
7
‘‘(CC) as appropriate,
8
imposition of a nonjudicial
9
punishment
10
815 of title 10 (article 15 of
11
the Uniform Code of Mili-
12
tary Justice);
under
section
13
‘‘(DD) as appropriate,
14
administrative action taken,
15
including a description of
16
each type of such action im-
17
posed;
18
‘‘(EE) dismissal of all
19
charges, including a descrip-
20
tion of each reason for dis-
21
missal and the stage at
22
which
23
and
dismissal
occurred;
24
‘‘(FF) whether the ac-
25
cused member was adminis-
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2614
1
tratively separated or, in the
2
case of an officer, allowed to
3
resign in lieu of court-mar-
4
tial, and the characterization
5
(honorable, general, or other
6
than honorable) of the serv-
7
ice of the member upon sep-
8
aration or resignation.
9
‘‘(ii) With respect to any in-
10
cident of covered misconduct in-
11
volving recruits or officer can-
12
didates reported to the Com-
13
mandant or any other official of
14
the Coast Guard during the pre-
15
ceding calendar year that in-
16
volves a report of retaliation re-
17
lating to the incident—
18
‘‘(AA) a narrative de-
19
scription of the retaliation
20
claim;
21
‘‘(BB) the nature of the
22
relationship
23
complainant and the indi-
24
vidual accused of commit-
25
ting the retaliation; and
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December 7, 2025 (12:02 p.m.)
(1035098|1)
between
the
G:\CMTE\AS\26\C\RCP.XML
2615
1
‘‘(CC) the nature of the
2
relationship between the in-
3
dividual accused of commit-
4
ting the covered misconduct
5
and the individual accused
6
of committing the retalia-
7
tion.
8
‘‘(jj) The disposition of or
9
action taken by the Coast Guard
10
or any other Federal, State,
11
local, or Tribal entity with re-
12
spect to a substantiated reported
13
incident.
14
‘‘(kk) With respect to any
15
investigation of a reported inci-
16
dent—
17
‘‘(AA) the status of the
18
investigation or information
19
relating to any referral to
20
outside law enforcement en-
21
tities;
22
‘‘(BB) the official or of-
23
fice of the Coast Guard that
24
received the complaint;
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2616
1
‘‘(CC) a description of
2
the results of such an inves-
3
tigation or information with
4
respect to whether the re-
5
sults of the investigation
6
were provided to the com-
7
plainant; or
8
‘‘(DD) whether the in-
9
vestigation substantiated an
10
offense under chapter 47 of
11
title 10 (the Uniform Code
12
of Military Justice).
13
‘‘(II) FORMAT.—With respect to
14
the information and data required
15
under clause (i), the Commandant
16
shall report such information and
17
data separately for each type of cov-
18
ered misconduct offense, and shall not
19
aggregate the information and data
20
for multiple types of covered mis-
21
conduct offenses.
22
‘‘(B) TRENDS.—Subject to subsection (b),
23
beginning on the date of enactment of Coast
24
Guard Authorization Act of 2025, each report
25
required by subsection (a) shall include, for the
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G:\CMTE\AS\26\C\RCP.XML
2617
1
preceding calendar year, an analysis or assess-
2
ment of trends in the occurrence, as applicable,
3
of incidents described in subparagraph (A)(i),
4
since the date of enactment of the Coast Guard
5
and Maritime Transportation Act of 2012
6
(Public Law 112–213).
7
‘‘(C) RESPONSE.—Each report required
8
under subsection (a) shall include, for the pre-
9
ceding calendar year, a description of the poli-
10
cies, procedures, processes, initiatives, investiga-
11
tions (including overarching investigations), re-
12
search, or studies implemented by the Com-
13
mandant in response to any incident described
14
in subparagraph (A)(i) involving—
15
16
‘‘(i) a recruit of the Coast Guard at
Training Center Cape May; or
17
‘‘(ii) an officer candidate at the Coast
18
Guard Officer Candidate School.
19
‘‘(D) PLAN.—Each report required under
20
subsection (a) shall include a written and de-
21
tailed plan for actions to be taken during the
22
year following the year covered by the report to
23
enhance the prevention of and response to inci-
24
dents described in subparagraph (A)(i) involv-
25
ing a recruit of the Coast Guard at Training
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2618
1
Center Cape May or an officer candidate at the
2
Coast Guard Officer Candidate School.
3
‘‘(E) COVERED MISCONDUCT PREVENTION
4
AND RESPONSE ACTIVITIES.—Each
5
quired under subsection (a) shall include an as-
6
sessment of the adequacy of covered misconduct
7
prevention and response activities related to in-
8
cidents described in subparagraph (A)(i) of this
9
paragraph carried out by the Coast Guard dur-
10
ing the preceding calendar year.
report re-
11
‘‘(F) CONTRIBUTING FACTORS.—Each re-
12
port required under subsection (a) shall include,
13
for
14
(A)(i)—
incidents
15
described
in
subparagraph
‘‘(i) an analysis of the factors that
16
may have contributed to such incidents;
17
‘‘(ii) an assessment of the role of such
18
factors in contributing to such incidents
19
during such year; and
20
‘‘(iii) recommendations for mecha-
21
nisms to eliminate or reduce such contrib-
22
uting factors.
23
‘‘(3) IMPLEMENTATION STATUS OF ACCOUNT-
24
ABILITY AND TRANSPARENCY REVIEW DIRECTED AC-
25
TIONS.—Each report required under subsection (a)
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2619
1
submitted during the 5-year period beginning on
2
March 1, 2025, shall include information on the im-
3
plementation by the Commandant of the directed ac-
4
tions described in the memorandum of the Coast
5
Guard titled ‘Commandant’s Directed Actions—Ac-
6
countability and Transparency’, issued on November
7
27, 2023, including—
8
‘‘(A) a description of actions taken to ad-
9
dress each directed action during the year cov-
10
ered by the report;
11
12
13
14
‘‘(B) the implementation status of each directed action;
‘‘(C) in the case of any directed action that
has not been implemented—
15
16
‘‘(i) a detailed action plan for implementation of the recommendation;
17
18
‘‘(ii) an estimated timeline for implementation of the recommendation;
19
‘‘(iii) description of changes the Com-
20
mandant intends to make to associated
21
Coast Guard policies so as to enable the
22
implementation of the recommendation;
23
and
24
25
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December 7, 2025 (12:02 p.m.)
‘‘(iv) any other information the Commandant considers appropriate;
(1035098|1)
G:\CMTE\AS\26\C\RCP.XML
2620
1
‘‘(D) a description of the metrics and mile-
2
stones used to measure completion, account-
3
ability, and effectiveness of each directed ac-
4
tion;
5
‘‘(E) a description of any additional ac-
6
tions the Commandant is taking to mitigate in-
7
stances of covered misconduct within the Coast
8
Guard;
9
‘‘(F) any legislative change proposal nec-
10
essary to implement the directed actions; and
11
‘‘(G) a detailed list of funding necessary to
12
implement the directed actions in a timely and
13
effective manner, including a list of personnel
14
needed for such implementation.
15
‘‘(d) VICTIM CONFIDENTIALITY.—To the extent that
16 information collected under the authority of this section
17 is reported or otherwise made available to the public, such
18 information shall be provided in a form that is consistent
19 with applicable privacy protections under Federal law and
20 does not jeopardize the confidentiality of victims.
21
‘‘(e) SUBSTANTIATED DEFINED.—In this section, the
22 term ‘substantiated’ has the meaning given the term
23 under section 1631(c) of the Ike Skelton National Defense
24 Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561
25 note).
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2621
1 ‘‘§ 2534. Review of discharge characterization
2
‘‘(a) DOWNGRADE.—
3
‘‘(1) IN GENERAL.—The decision to conduct a
4
case review under this section shall be at the discre-
5
tion of the Secretary of the department in which the
6
Coast Guard is operating.
7
‘‘(2) BOARD OF REVIEW.—In addition to the
8
requirements of section 1553 of title 10, a board of
9
review for a former member of the Coast Guard es-
10
tablished pursuant to such section and under part
11
51 of title 33, Code of Federal Regulations (as in ef-
12
fect on the date of enactment of the Coast Guard
13
Authorization Act of 2025), may upon a motion of
14
the board and subject to review by the Secretary of
15
the department in which the Coast Guard is oper-
16
ating, downgrade an honorable discharge to a gen-
17
eral (under honorable conditions) discharge upon a
18
finding that a former member of the Coast Guard,
19
while serving on active duty as a member of the
20
armed forces, committed sexual assault or sexual
21
harassment in violation of section 920, 920b, or 934
22
of title 10 (article 120, 120b, or 134 of the Uniform
23
Code of Military Justice).
24
‘‘(3) EVIDENCE.—Any downgrade under para-
25
graph (2) shall be supported by clear and convincing
26
evidence.
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2622
1
‘‘(4) LIMITATION.—The review board under
2
paragraph (2) may not downgrade a discharge of a
3
former member of the Coast Guard if the same ac-
4
tion described in paragraph (2) was considered prior
5
to separation from active duty by an administrative
6
board in determining the characterization of dis-
7
charge as otherwise provided by law and in accord-
8
ance with regulations prescribed by the Secretary of
9
the department in which the Coast Guard is oper-
10
ating.
11
‘‘(b) PROCEDURAL RIGHTS.—
12
‘‘(1) IN GENERAL.—A review by a board estab-
13
lished under section 1553 of title 10 and under part
14
51 of title 33, Code of Federal Regulations (as in ef-
15
fect on the date of enactment of the Coast Guard
16
Authorization Act of 2025), shall be based on the
17
records of the Coast Guard, and with respect to a
18
member who also served in another one of the armed
19
forces, the records of the armed forces concerned
20
and such other evidence as may be presented to the
21
board.
22
‘‘(2) EVIDENCE BY WITNESS.—A witness may
23
present evidence to the board in person or by affi-
24
davit.
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2623
1
‘‘(3) APPEARANCE BEFORE BOARD.—A person
2
who requests a review under this section may appear
3
before the board in person or by counsel or an ac-
4
credited representative of an organization recognized
5
by the Secretary of Veterans Affairs under chapter
6
59 of title 38.
7
‘‘(4) NOTIFICATION.—A former member of the
8
Coast Guard who is subject to a downgrade in dis-
9
charge characterization review under subsection (a)
10
shall be notified in writing of such proceedings, af-
11
forded the right to obtain copies of records and doc-
12
uments relevant to the proceedings, and the right to
13
appear before the board in person or by counsel or
14
an accredited representative of an organization rec-
15
ognized by the Secretary of Veterans Affairs under
16
chapter 59 of title 38.
17 ‘‘§ 2535. Safe-to-Report policy for Coast Guard
18
‘‘(a) IN GENERAL.—Not later than 90 days after the
19 date of enactment of the Coast Guard Authorization Act
20 of 2025, the Commandant shall, in consultation with the
21 Secretaries of the military departments, establish and
22 maintain a detailed and publicly available safe-to-report
23 policy described in subsection (b) that applies with respect
24 to all members of the Coast Guard (including members
25 of the reserve and auxiliary components of the Coast
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December 7, 2025 (12:02 p.m.)
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G:\CMTE\AS\26\C\RCP.XML
2624
1 Guard), cadets at the Coast Guard Academy, and any
2 other individual undergoing training at an accession point
3 of the Coast Guard.
4
‘‘(b) SAFE-TO-REPORT POLICY.—The safe-to-report
5 policy described in this subsection is a policy that—
6
‘‘(1) prescribes the handling of minor collateral
7
misconduct, involving a member of the Coast Guard
8
who is the alleged victim or reporting witness of a
9
sexual assault; and
10
11
‘‘(2) applies to all such individuals, regardless
of—
12
‘‘(A) to whom the victim makes the allega-
13
tion or who receives the victim’s report of sex-
14
ual assault; or
15
‘‘(B) whether the report, investigation, or
16
prosecution is handled by military or civilian
17
authorities.
18
19
‘‘(c)
MITIGATING
AND
AGGRAVATING
CIR-
CUMSTANCES.—In issuing the policy under subsection (a),
20 the Commandant shall specify mitigating circumstances
21 that decrease the gravity of minor collateral misconduct
22 or the impact of such misconduct on good order and dis23 cipline and aggravating circumstances that increase the
24 gravity of minor collateral misconduct or the impact of
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G:\CMTE\AS\26\C\RCP.XML
2625
1 such misconduct on good order and discipline for purposes
2 of the safe-to-report policy.
3
‘‘(d) TRACKING OF COLLATERAL MISCONDUCT INCI-
4
DENTS.—In conjunction with the issuance of the policy
5 under subsection (a), the Commandant shall develop and
6 implement a process to anonymously track incidents of
7 minor collateral misconduct that are subject to the safe8 to-report policy.
9
‘‘(e) MINOR COLLATERAL MISCONDUCT DEFINED.—
10 In this section, the term ‘minor collateral misconduct’
11 means any minor misconduct that is potentially punish12 able under chapter 47 of title 10 that—
13
‘‘(1) is committed close in time to or during a
14
sexual assault and directly related to the incident
15
that formed the basis of the allegation of sexual as-
16
sault allegation;
17
‘‘(2) is discovered as a direct result of the re-
18
port of sexual assault or the ensuing investigation
19
into such sexual assault; and
20
‘‘(3) does not involve aggravating circumstances
21
(as specified in the policy issued under subsection
22
(a)) that increase the gravity of the minor mis-
23
conduct or the impact of such misconduct on good
24
order and discipline.
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G:\CMTE\AS\26\C\RCP.XML
2626
1 ‘‘§ 2536. Notification of changes to Uniform Code of
2
Military Justice or Manual for Courts
3
Martial relating to covered misconduct
4
‘‘Beginning on March 30, 2026, and annually there-
5 after, the Commandant shall provide a detailed written no6 tification to the Committee on Commerce, Science, and
7 Transportation of the Senate and the Committee on
8 Transportation and Infrastructure of the House of Rep9 resentatives with respect to each of the following:
10
‘‘(1) Whether the Uniform Code of Military
11
Justice (chapter 47 of title 10) has been amended—
12
‘‘(A) to add any sex-related offense as a
13
new article; or
14
‘‘(B) to remove an article relating to cov-
15
ered misconduct described in any of paragraphs
16
(1) through (7) of section 301.
17
‘‘(2) Whether the Manual for Courts Martial
18
has been modified—
19
‘‘(A) to add any sex-related offense as an
20
offense described under an article of the Uni-
21
form Code of Military Justice; or
22
‘‘(B) to remove as an offense described
23
under an article of the Uniform Code of Mili-
24
tary Justice covered misconduct described in
25
any of paragraphs (1) through (7) of section
26
301.
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2627
1 ‘‘§ 2537. Accountability and transparency relating to
2
allegations of misconduct against senior
3
leaders
4
‘‘(a) IN GENERAL.—Not later than 90 days after the
5 date of enactment of the Coast Guard Authorization Act
6 of 2025, the Secretary shall establish a publicly available,
7 written policy to improve oversight, investigations, ac8 countability, and public transparency regarding alleged
9 misconduct of senior leaders of the Coast Guard.
10
‘‘(b) ELEMENTS.—The policy required by subsection
11 (a)—
12
‘‘(1) shall require that—
13
‘‘(A) any allegation of alleged misconduct
14
made against a senior leader of the Coast
15
Guard shall be reported to the Office of the In-
16
spector General of the department in which the
17
Coast Guard is operating not later than 72
18
hours after the allegation is reported to the
19
Coast Guard or the department in which the
20
Coast Guard is operating; and
21
‘‘(B) the Inspector General of the depart-
22
ment in which the Coast Guard is operating
23
shall notify the head of the Coast Guard office
24
in which the senior leader is serving with re-
25
spect to the receipt of such allegation, or, in a
26
case where the senior leader is the head of such
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2628
1
Coast Guard office, the next in the chain of
2
command, as appropriate, except in a case in
3
which the Inspector General determines that
4
such notification would risk impairing an ongo-
5
ing investigation, would unnecessarily com-
6
promise the anonymity of the individual making
7
the allegation, or would otherwise be inappro-
8
priate; and
9
‘‘(2) to the extent practicable, shall be con-
10
sistent with Department of Defense directives, in-
11
cluding Department of Defense Directive 5505.06.
12
‘‘(c) FIRST RIGHT TO EXCLUSIVE INVESTIGATION.—
13 The Inspector General of the department in which the
14 Coast Guard is operating—
15
16
‘‘(1) shall have the first right to investigate an
allegation described in subsection (b)(1)(A); and
17
‘‘(2) in cases with concurrent jurisdiction in-
18
volving
19
(b)(1)(A), may investigate such an allegation to the
20
exclusion of any other Coast Guard criminal or ad-
21
ministrative investigation if the Inspector General
22
determines that an exclusive investigation is nec-
23
essary to maintain the integrity of the investigation.
24
‘‘(d) PUBLIC AVAILABILITY AND BROAD DISSEMINA-
25
TION.—The policy established under subsection (a) shall
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
an
(1035098|1)
allegation
described
in
subsection
G:\CMTE\AS\26\C\RCP.XML
2629
1 be made available to the public and incorporated into
2 training and curricula across the Coast Guard at all levels
3 to ensure broad understanding of the policy among mem4 bers and personnel of the Coast Guard.
5
‘‘(e) DEFINITIONS.—In this section:
6
‘‘(1) ALLEGED
7
leged misconduct’—
8
9
MISCONDUCT.—The
term ‘al-
‘‘(A) means a credible allegation that, if
proven, would constitute a violation of—
10
‘‘(i) a provision of criminal law, in-
11
cluding the Uniform Code of Military Jus-
12
tice (chapter 47 of title 10); or
13
‘‘(ii) a recognized standard, such as
14
the Department of Defense Joint Ethics
15
Regulation or other Federal regulation, in-
16
cluding any other Department of Defense
17
regulation and any Department of Home-
18
land Security regulation; or
19
‘‘(B) could reasonably be expected to be of
20
significance to the Secretary or the Inspector
21
General of the department in which the Coast
22
Guard is operating, particularly in a case in
23
which there is an element of misuse of position
24
or of unauthorized personal benefit to the sen-
25
ior official, a family member, or an associate.
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G:\CMTE\AS\26\C\RCP.XML
2630
1
‘‘(2) SENIOR LEADER OF THE COAST GUARD.—
2
The term ‘senior leader of the Coast Guard’
3
means—
4
‘‘(A) an active duty, retired, or reserve of-
5
ficer of the Coast Guard in the grade of O–7
6
or higher;
7
‘‘(B) an officer of the Coast Guard selected
8
for promotion to the grade of O–7;
9
‘‘(C) a current or former civilian member
10
of the Senior Executive Service (career re-
11
served) employed by the Coast Guard; or
12
‘‘(D) any civilian member of the Coast
13
Guard whose position is deemed equivalent to
14
that of a member of the Senior Executive Serv-
15
ice (career reserved), as determined by the Of-
16
fice of the Inspector General of the department
17
in which the Coast Guard is operating.
18 ‘‘§ 2538. Inclusion and command review of informa19
tion on covered misconduct in personnel
20
service records
21
22
‘‘(a) INFORMATION ON REPORTS ON COVERED MISCONDUCT.—
23
‘‘(1) IN GENERAL.—If a complaint of covered
24
misconduct is made against a member of the Coast
25
Guard and the member is convicted by court-martial
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G:\CMTE\AS\26\C\RCP.XML
2631
1
or receives nonjudicial punishment or punitive ad-
2
ministrative action for such covered misconduct, a
3
notation to that effect shall be placed in the per-
4
sonnel service record of the member, regardless of
5
the grade of the member.
6
‘‘(2) PURPOSE.—The purpose of the inclusion
7
of information in personnel service records under
8
paragraph (1) is to alert supervisors and com-
9
manders to any member of their command who has
10
received a court-martial conviction, nonjudicial pun-
11
ishment, or punitive administrative action for cov-
12
ered misconduct in order—
13
‘‘(A) to reduce the likelihood that repeat
14
offenses will escape the notice of supervisors
15
and commanders; and
16
‘‘(B) to help inform commissioning or
17
promotability of the member;
18
‘‘(3) LIMITATION ON PLACEMENT.—A notation
19
under paragraph (1) may not be placed in the re-
20
stricted section of the personnel service record of a
21
member.
22
‘‘(4) CONSTRUCTION.—Nothing in this sub-
23
section may be construed to prohibit or limit the ca-
24
pacity of a member of the Coast Guard to challenge
25
or appeal the placement of a notation, or location of
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2632
1
placement of a notation, in the personnel service
2
record of the member in accordance with procedures
3
otherwise applicable to such challenges or appeals.
4
‘‘(b) COMMAND REVIEW OF HISTORY OF COVERED
5 MISCONDUCT.—
6
‘‘(1) IN GENERAL.—Under policy to be pre-
7
scribed by the Secretary, the commanding officer of
8
a unit or facility to which a covered member is as-
9
signed or transferred shall review the history of cov-
10
ered misconduct as documented in the personnel
11
service record of a covered member in order to be-
12
come familiar with such history of the covered mem-
13
ber.
14
‘‘(2) COVERED
MEMBER
DEFINED.—In
this
15
subsection, the term ‘covered member’ means a
16
member of the Coast Guard who, at the time of as-
17
signment or transfer as described in paragraph (1),
18
has a history of 1 or more covered misconduct of-
19
fenses as documented in the personnel service record
20
of such member or such other records or files as the
21
Commandant shall specify in the policy prescribed
22
under subparagraph (A).
23
‘‘(c) REVIEW OF PERSONNEL SERVICE RECORD TO
24 DETERMINE SUITABILITY FOR CIVILIAN EMPLOYMENT.—
25 Under policy to be prescribed by the Secretary, the Com-
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2633
1 mandant shall establish procedures that are consistent
2 with the law, policies, and practices of the Department of
3 Defense in effect on the date of enactment of the Coast
4 Guard Authorization Act of 2025 to consider and review
5 the personnel service record of a former member of the
6 Armed Forces to determine the suitability of the individual
7 for civilian employment in the Coast Guard.
8 ‘‘§ 2539. Covered misconduct defined
9
‘‘In this title, the term ‘covered misconduct’ means—
10
‘‘(1) rape and sexual assault, as described in
11
sections 920(a) and 920(b) of title 10 (articles
12
120(a) and 120(b) of the Uniform Code of Military
13
Justice);
14
‘‘(2) sexual harassment, as described in Execu-
15
tive Order 14062 dated January 26, 2022, and enu-
16
merated under section 934 of title 10 (article 134 of
17
the Uniform Code of Military Justice);
18
‘‘(3) abusive sexual contact and aggravated sex-
19
ual contact, as described in sections 920(c) and
20
920(d) of title 10 (articles 120(c) and 120(d) of the
21
Uniform Code of Military Justice);
22
‘‘(4) wrongful broadcast, dissemination, or cre-
23
ation of content as described in sections 917 and
24
920c of title 10 (articles 117a and 120c of the Uni-
25
form Code of Military Justice);
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1
‘‘(5) the child pornography offenses as de-
2
scribed in section 934 of title 10 (article 134 of the
3
Uniform Code of Military Justice);
4
‘‘(6) rape and sexual assault of a child, other
5
sexual misconduct, and stalking, as described in sec-
6
tions 920b, 920c(a), and 930 of title 10 (articles
7
120b, 120c, and 130 of the Uniform Code of Mili-
8
tary Justice); and
9
‘‘(7) domestic violence, as described in section
10
928b of title 10 (article 128b of the Uniform Code
11
of Military Justice).’’.
12
(b) RULEMAKING.—
13
(1) IN GENERAL.—Not later than 90 days after
14
the date of enactment of this Act, the Commandant
15
shall initiate a rulemaking to implement section
16
2534.
17
(2) DEADLINE FOR REGULATIONS.—The regu-
18
lations issued under paragraph (1) shall take effect
19
not later than 180 days after the date on which the
20
Commandant promulgates a final rule pursuant to
21
such paragraph.
22
(c) CLERICAL AMENDMENT.—The analysis for chap-
23 ter 25 of title 14, United States Code, is amended by add24 ing at the end the following:
‘‘Subtitle III—Covered Misconduct
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2635
‘‘2531. Comprehensive policy and procedures on retention and access to evidence
and records relating to sexual misconduct and other misconduct.
‘‘2532. Requirement to maintain certain records.
‘‘2533. Covered misconduct in Coast Guard.
‘‘2534. Review of discharge characterization.
‘‘2535. Safe-to-Report policy for Coast Guard.
‘‘2536. Notification of changes to Uniform Code of Military Justice or Manual
for Courts Martial relating to covered misconduct.
‘‘2537. Accountability and transparency relating to allegations of misconduct
against senior leaders.
‘‘2538. Inclusion and command review of information on covered misconduct in
personnel service records.
‘‘2539. Covered misconduct defined.’’.
1
SEC. 7512. POLICY RELATING TO CARE AND SUPPORT OF
2
VICTIMS OF COVERED MISCONDUCT.
3
(a) IN GENERAL.—Not later than 180 days after the
4 date of enactment of this Act, the Commandant shall issue
5 Coast Guard policy relating to the care and support of
6 members of the Coast Guard who are alleged victims cov7 ered misconduct.
8
(b) ELEMENTS.—The policy required by subsection
9 (a) shall require, to the maximum extent practicable,
10 that—
11
(1) a member of the Coast Guard who is an al-
12
leged victim of covered misconduct and discloses
13
such covered misconduct to the appropriate indi-
14
vidual of the Coast Guard responsible for providing
15
victim care and support—
16
17
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(A) shall receive care and support from
such individual; and
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1
(B) such individual shall not deny or un-
2
reasonably delay providing care and support;
3
and
4
(2) in the case of such an alleged victim to
5
whom care and support cannot be provided by the
6
appropriate individual contacted by the alleged vic-
7
tim based on programmatic eligibility criteria or any
8
other reason that affects the ability of such appro-
9
priate individual to provide care and support (such
10
as being stationed at a remote unit or serving on a
11
vessel currently underway) the alleged victim shall
12
receive, with the permission of the alleged victim—
13
(A) an in-person introduction to appro-
14
priate service providers, for which the alleged
15
victim is physically present, which shall occur at
16
the discretion of the alleged victim; and
17
(B) access to follow-up services from the
18
19
appropriate 1 or more service providers.
(c) APPLICABILITY.—The policy issued under sub-
20 section (a) shall apply to—
21
(1) all Coast Guard personnel responsible for
22
the care and support of victims of covered mis-
23
conduct; and
24
25
(2) any other Coast Guard personnel the Commandant considers appropriate.
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1
(d) REVISION OF POLICY RELATING TO DOMESTIC
2 ABUSE.—
3
(1) IN GENERAL.—Not later than 180 days
4
after the date of enactment of this Act, the Com-
5
mandant shall issue or revise any Coast Guard pol-
6
icy or process described in paragraph (2) so as to
7
define the term ‘‘intimate partner’’ to have the
8
meaning given such term in section 930 of title 10,
9
United States Code.
10
(2) POLICY OR PROCESS DESCRIBED.—A policy
11
or process referred to in paragraph (1) is a policy
12
or process which is—
13
(A) related to domestic abuse;
14
(B) written; and
15
(C) publicly available.
16
(e) TRAINING.—
17
(1) IN GENERAL.—All Coast Guard personnel
18
responsible for the care and support of members of
19
the Coast Guard who are alleged victims of covered
20
misconduct shall receive training in accordance with
21
professional standards of practice to ensure that
22
such alleged victims receive adequate care that is
23
consistent with the policy issued under subsection
24
(a).
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2638
1
2
(2) ELEMENTS.—The training required by
paragraph (1)—
3
(A) shall include—
4
(i) instructions on specific procedures
5
for implementing the policy issued under
6
subsection (a); and
7
(ii) information on resources and per-
8
sonnel critical for the implementation of
9
such policy; and
10
(B) to the maximum extent practicable,
11
12
shall be provided in person.
(f) COVERED MISCONDUCT.—In this section, the
13 term ‘‘covered misconduct’’ shall have the meaning given
14 such term in section 2539 of title 14, United States Code.
15
SEC. 7513. FLAG OFFICER REVIEW OF, AND CONCURRENCE
16
IN, SEPARATION OF MEMBERS WHO HAVE RE-
17
PORTED COVERED MISCONDUCT.
18
(a) POLICY TO REQUIRE REVIEW OF CERTAIN PRO-
19
POSED INVOLUNTARY SEPARATIONS.—Not later than 120
20 days after the date of enactment of this Act, the Com21 mandant shall establish, with respect to any proposed in22 voluntary separation under chapter 59 of title 10, United
23 States Code, a Coast Guard policy to review the cir24 cumstances of, and grounds for, such a proposed involun25 tary separation of any member of the Coast Guard who—
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2639
1
2
(1) made a restricted or unrestricted report of
covered misconduct;
3
(2) within 2 years after making such a report,
4
is recommended for involuntary separation from the
5
Coast Guard; and
6
(3) requests the review on the grounds that the
7
member believes the recommendation for involuntary
8
separation from the Coast Guard was initiated in re-
9
taliation for making the report.
10
(b) RECUSAL.—
11
(1) IN GENERAL.—The policy established under
12
subsection (a) shall set forth a process for the
13
recusal of commanding officers and the flag officer
14
described in subsection (c)(2) from making initial or
15
subsequent decisions on proposed separations or
16
from reviewing proposed separations.
17
(2) CRITERIA.—The recusal process established
18
under paragraph (1) shall specify criteria for
19
recusal, including mandatory recusal from making a
20
decision on a proposed separation, and from review-
21
ing a proposed separation, if the commanding officer
22
or the flag officer described in subsection (c)(2) was,
23
at any time—
24
(A) the subject of a complaint of any form
25
of assault, harassment, or retaliation, filed by
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2640
1
the member of the Coast Guard described in
2
subsection (a) who is the subject of a proposed
3
involuntary separation or whose proposed sepa-
4
ration is under review; or
5
(B) associated with the individual sus-
6
pected or accused of perpetrating the incident
7
of covered misconduct reported by such mem-
8
ber.
9
(c) CONCURRENCE OF FLAG OFFICER REQUIRED.—
10
(1) IN GENERAL.—The policy established under
11
subsection (a) shall require the concurrence of the
12
flag officer described in paragraph (2) in order to
13
separate the member of the Coast Guard described
14
in such subsection.
15
(2) FLAG OFFICER DESCRIBED.—
16
(A) IN GENERAL.—Except as provided in
17
subparagraph (B), the flag officer described in
18
this paragraph is—
19
(i) the Deputy Commandant for Mis-
20
sion Support or the successor Vice Admiral
21
that oversees personnel policy; or
22
(ii) a designee of the Deputy Com-
23
mandant for Mission Support (or the suc-
24
cessor Vice Admiral that oversees per-
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2641
1
sonnel policy) who is in a grade not lower
2
than O–7.
3
(B) CHAIN OF COMMAND EXCEPTION.—In
4
the case of a member of the Coast Guard de-
5
scribed in subsection (a) who is in the imme-
6
diate chain of command of the Deputy Com-
7
mandant for Mission Support or the successor
8
Vice Admiral that oversees personnel policy or
9
the designee of the Deputy Commandant for
10
Mission Support or the successor Vice Admiral
11
that oversees personnel policy, the flag officer
12
described in this paragraph is a flag officer out-
13
side the chain of command of such member, as
14
determined by the Commandant consistent with
15
the policy established under subsection (a).
16
(d) NOTIFICATION REQUIRED.—Any member of the
17 Coast Guard who has made a report of covered misconduct
18 and who receives a proposal for involuntary separation
19 shall be notified at the time of such proposal of the right
20 of the member to a review under this section.
21
(e) COVERED MISCONDUCT DEFINED.—In this sec-
22 tion, the term ‘‘covered misconduct’’ shall have the mean23 ing given such term in section 2539 of title 14, United
24 States Code.
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1
SEC. 7514. POLICY AND PROGRAM TO EXPAND PREVENTION
2
3
OF SEXUAL MISCONDUCT.
(a) IN GENERAL.—Not later than 180 days after the
4 date of enactment of this Act, the Commandant shall de5 velop and issue a comprehensive policy for the Coast
6 Guard to reinvigorate the prevention of misconduct involv7 ing members and civilians of the Coast Guard that con8 tains the policy elements described in section 1561 of title
9 10, United States Code.
10
(b) PROGRAMS REQUIRED.—Not later than 180 days
11 after the issuance of the policy required under paragraph
12 (1), the Commandant shall develop and implement for the
13 Coast Guard a program to reinvigorate the prevention of
14 misconduct involving members and civilians of the Coast
15 Guard.
16
SEC. 7515. TRAINING AND EDUCATION PROGRAMS FOR
17
COVERED MISCONDUCT PREVENTION AND
18
RESPONSE.
19
(a) MODIFICATION OF CURRICULUM.—
20
(1) IN GENERAL.—Not later than 2 years after
21
the date of enactment of this Act, the Commandant
22
shall revise the curriculum of the Coast Guard with
23
respect to covered misconduct prevention and re-
24
sponse training—
25
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(A) to include—
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2643
1
(i) information on procedures and re-
2
sponsibilities with respect to reporting re-
3
quirements, investigations, survivor health
4
and safety (including expedited transfers,
5
no-contact orders, military and civilian
6
protective orders, and temporary separa-
7
tions), and whistleblower protections;
8
(ii) information on Department of
9
Veterans Affairs resources available to vet-
10
erans, active-duty personnel, and reserve
11
personnel;
12
(iii) information on the right of any
13
member of the Coast Guard to seek legal
14
resources outside the Coast Guard;
15
(iv) general information regarding the
16
availability of legal resources provided by
17
civilian legal services organizations, pre-
18
sented in an organized and consistent
19
manner that does not endorse any par-
20
ticular legal services organization; and
21
(v) information on the capability, op-
22
erations, reporting structure, and require-
23
ments with respect to the Chief Prosecutor
24
of the Coast Guard; and
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2644
1
(B) to address the workforce training rec-
2
ommendations set forth in the memorandum of
3
the Coast Guard titled ‘‘Commandant’s Di-
4
rected
5
parency’’, issued on November 27, 2023.
6
(2) COLLABORATION.—In revising the cur-
7
riculum under this subsection, the Commandant
8
shall solicit input from individuals outside the Coast
9
Guard who are experts in sexual assault and sexual
10
harassment prevention and response training.
11
(b) COVERED MISCONDUCT PREVENTION AND RE-
12
Actions—Accountability
and
Trans-
SPONSE TRAINING AND EDUCATION.—
13
(1) IN GENERAL.—Not later than 1 year after
14
the date of enactment of this Act, the Commandant
15
shall ensure that all members and civilian employees
16
of the Coast Guard are provided with annual covered
17
misconduct prevention and response training and
18
education for the purpose of strengthening indi-
19
vidual knowledge, skills, and capacity relating to the
20
prevention of and response to covered misconduct.
21
22
(2) SCOPE.—The training and education referred to in paragraph (1)—
23
(A) shall be provided as part of—
24
(i) initial entry and accession training;
25
(ii) annual refresher training;
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2645
1
(iii) initial and recurring training
2
courses for covered first responders;
3
(iv) new and prospective commanding
4
officer and executive officer training; and
5
(v) specialized leadership training; and
6
(B) shall be tailored for specific leadership
7
levels, positions, pay grades, and roles.
8
(3) CONTENT.—The training and education re-
9
ferred to in paragraph (1) shall include the informa-
10
tion described in subsection (a)(1)(A).
11
(c) COVERED FIRST RESPONDER TRAINING.—
12
(1) IN GENERAL.—Not later than 2 years after
13
the date of enactment of this Act, the Commandant
14
shall ensure that—
15
(A) training for covered first responders
16
includes the covered misconduct prevention and
17
response training described in subsection (b);
18
and
19
(B) such covered misconduct prevention
20
and response training is provided to covered
21
first responders on a recurring basis.
22
(2) REQUIREMENTS.—In addition to the infor-
23
mation described in subsection (a)(1)(A), the initial
24
and recurring covered misconduct prevention and re-
25
sponse training for covered first responders shall in-
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2646
1
clude information on procedures and responsibilities
2
with respect to—
3
(A) the provision of care to a victim of cov-
4
ered misconduct, in accordance with profes-
5
sional standards or practice, that accounts for
6
trauma experienced by the victim and associ-
7
ated symptoms or events that may exacerbate
8
such trauma; and
9
(B) the manner in which such a victim
10
11
12
may receive such care.
(d) TRAINING FOR PROSPECTIVE COMMANDING OFFICERS AND EXECUTIVE OFFICERS.—
13
(1) IN GENERAL.—Not later than 18 months
14
after the date of enactment of this Act, the Com-
15
mandant shall ensure that training for prospective
16
commanders and executive officers at all levels of
17
command includes the covered misconduct preven-
18
tion and response training described in subsection
19
(b).
20
(2) REQUIREMENTS.—In addition to the infor-
21
mation described in subsection (a)(1)(A), the cov-
22
ered misconduct prevention and response training
23
for prospective commanding officers and executive
24
officers shall be—
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2647
1
(A) tailored to the responsibilities and
2
leadership requirements of members of the
3
Coast Guard as they are assigned to command
4
positions; and
5
6
(B) revised, as necessary, to include information on—
7
(i) fostering a command climate—
8
(I) that does not tolerate covered
9
misconduct;
10
(II) in which individuals assigned
11
to the command are encouraged to in-
12
tervene to prevent potential incidents
13
of covered misconduct; and
14
(III) that encourages victims of
15
covered misconduct to report any inci-
16
dent of covered misconduct;
17
(ii) the possible variations in the ef-
18
fect of trauma on individuals who have ex-
19
perienced covered misconduct;
20
(iii) potential differences in the proce-
21
dures and responsibilities, Department of
22
Veterans Affairs resources, and legal re-
23
sources described in subsection (a)(1)(A)
24
depending on the operating environment in
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2648
1
which an incident of covered misconduct
2
occurred;
3
(iv) the investigation of alleged inci-
4
dents of covered misconduct, including
5
training
6
standards;
on
understanding
evidentiary
7
(v) available disciplinary options, in-
8
cluding administrative action and deferral
9
of discipline for collateral misconduct, and
10
examples of disciplinary options in civilian
11
jurisdictions; and
12
(vi) the capability, operations, report-
13
ing structure, and requirements with re-
14
spect to the Chief Prosecutor of the Coast
15
Guard.
16
(e) ENTRY AND ACCESSION TRAININGS.—
17
(1) INITIAL TRAINING.—
18
(A) IN GENERAL.—Not later than 1 year
19
after the date of enactment of this Act, the
20
Commandant shall provide for the inclusion of
21
an initial covered misconduct prevention and re-
22
sponse training module in the training for each
23
new member of the Coast Guard, which shall be
24
provided not later than 14 duty days after the
25
date of accession.
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1
(B) REQUIREMENT.—In addition to the in-
2
formation described in subsection (a)(1)(A), the
3
initial training module referred to in subpara-
4
graph (A) shall include a comprehensive expla-
5
nation of Coast Guard—
6
(i) policy with respect to covered mis-
7
conduct; and
8
(ii) procedures for reporting covered
9
misconduct.
10
(2) SUBSEQUENT TRAINING.—
11
(A) IN GENERAL.—The Commandant shall
12
provide for the inclusion of a detailed covered
13
misconduct prevention and response training
14
module in the training for each new member of
15
the Coast Guard, which shall be provided not
16
later than 60 duty days after the date on which
17
the initial training module described in para-
18
graph (1)(A) is provided.
19
(B)
CONTENT.—The
detailed
training
20
module referred to in subparagraph (A) shall
21
include the information described in subsection
22
(a)(1)(A).
23
(f) DEFINITIONS.—In this section:
24
(1) COVERED FIRST RESPONDER.—The term
25
‘‘covered first responder’’ includes sexual assault re-
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2650
1
sponse coordinators, victim advocates, Coast Guard
2
medical officers, Coast Guard security forces, Coast
3
Guard Investigative Service agents, judge advocates,
4
special victims’ counsel, chaplains, and related per-
5
sonnel.
6
(2) COVERED MISCONDUCT.—The term ‘‘cov-
7
ered misconduct’’ has the meaning given such term
8
in section 2539 of title 14, United States Code.
9
Subtitle C—Other Matters
10
SEC. 7521. COMPLAINTS OF RETALIATION BY VICTIMS OF
11
SEXUAL ASSAULT OR SEXUAL HARASSMENT
12
AND RELATED PERSONS.
13
Section 1562a of title 10, United States Code, is
14 amended—
15
(1) in subsection (a)—
16
(A) by striking ‘‘The Secretary of Defense
17
shall’’ and inserting the following:
18
‘‘(1) IN GENERAL.—The Secretary of Defense
19
shall’’; and
20
(B) by adding at the end the following:
21
‘‘(2) COAST GUARD.—The Secretary of the de-
22
partment in which the Coast Guard is operating
23
shall designate the Commandant of the Coast Guard
24
to be responsible for carrying out the requirements
25
of this section with respect to members of the Coast
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1
Guard when the Coast Guard is not operating as a
2
service in the Navy.’’;
3
(2) in subsection (b)—
4
(A) in the matter preceding paragraph (1)
5
by inserting ‘‘and the Commandant of the
6
Coast Guard’’ after ‘‘Secretary’’;
7
(B) in paragraph (8) by inserting before
8
the period at the end ‘‘or with respect to the
9
Coast Guard, the component designated by the
10
Commandant of the Coast Guard’’; and
11
(C) in paragraph (4) by striking ‘‘Depart-
12
ment of Defense’’; and
13
(3) in subsection (c)(2)—
14
(A) in subparagraph (A) by inserting ‘‘,
15
the Inspector General of the Department of
16
Homeland Security,’’ before ‘‘or any other in-
17
spector general’’;
18
19
(B) in subparagraph (D) by striking ‘‘military’’ and inserting ‘‘armed force’’; and
20
(C) in subparagraph (E) by inserting ‘‘or
21
department in which the Coast Guard is oper-
22
ating when not operating as a service in the
23
Navy for members of the Coast Guard’’ after
24
‘‘Department of Defense’’.
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SEC. 7522. DEVELOPMENT OF POLICIES ON MILITARY PRO-
2
TECTIVE ORDERS.
3
(1) IN GENERAL.—Not later than 180 days
4
after the date of enactment of this Act, the Com-
5
mandant shall issue updated written detailed policies
6
of the Coast Guard relating to military protective or-
7
ders that are consistent with the law and policies of
8
the Department of Defense.
9
10
(2) ELEMENTS.—The policies developed under
paragraph (1) shall require—
11
(A) that any denial of a request for a mili-
12
tary protective order shall include a written ex-
13
planation for the denial, which shall be—
14
(i) forwarded to the next flag officer
15
in the chain of command of the com-
16
manding officer or other approving author-
17
ity who denied the request; and
18
(ii) provided to the member who sub-
19
mitted the request; and
20
(B) the recusal of an approving authority
21
from participating in the granting or denying of
22
a military protective order, if such authority
23
was, at any time—
24
(i) the subject of a complaint of any
25
form of assault, harassment, or retaliation
26
filed by the member requesting the mili-
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1
tary protective order or the member who is
2
the subject of the military protective order;
3
or
4
(ii) associated with the member re-
5
questing the military protective order or
6
the member who is the subject of the mili-
7
tary protective order in a manner that pre-
8
sents as an actual or apparent conflict of
9
interest.
10
(3) NOTIFICATION REQUIREMENT.—The Com-
11
mandant shall develop a policy to ensure that sexual
12
assault response coordinators, victim advocates, and
13
other appropriate personnel shall inform victims of
14
the process by which the victim may request an ex-
15
pedited transfer, a no-contact order, or a military or
16
civilian protective order.
17
SEC. 7523. ESTABLISHMENT OF SPECIAL VICTIM CAPABILI-
18
TIES TO RESPOND TO ALLEGATIONS OF CER-
19
TAIN SPECIAL VICTIM OFFENSES.
20
(a) IN GENERAL.—Section 573 of the National De-
21 fense Authorization Act for Fiscal Year 2013 (10 U.S.C.
22 1561 note) is amended—
23
(1) in subsection (a)—
24
(A) by inserting ‘‘or the Secretary of the
25
department in which the Coast Guard is oper-
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1
ating when not operating as a service in the
2
Navy’’ after ‘‘Secretary of Defense’’; and
3
(B) by striking ‘‘Secretary of each military
4
department’’ and inserting ‘‘Secretary con-
5
cerned’’;
6
(2) in subsection (b) by striking ‘‘or Air Force
7
Office of Special Investigations’’ and inserting ‘‘, Air
8
Force Office of Special Investigations, or Coast
9
Guard Investigative Services’’;
10
(3) in subsection (c) by inserting ‘‘or the Sec-
11
retary of the department in which the Coast Guard
12
is operating when not operating as a service in the
13
Navy’’ after ‘‘Secretary of Defense’’;
14
15
(4) in subsection (d)—
(A) in paragraph (1)—
16
(i) by inserting ‘‘or the Commandant
17
of the Coast Guard’’ after ‘‘Secretary of a
18
military department’’; and
19
(ii) by inserting ‘‘or the Coast Guard’’
20
after ‘‘within the military department’’;
21
(B) in paragraph (2) by inserting ‘‘or the
22
Coast Guard’’ after ‘‘within a military depart-
23
ment’’; and
24
(5) by adding at the end the following:
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1
‘‘(h) TIME
FOR
ESTABLISHMENT
FOR
COAST
2 GUARD.—Not later than 120 days after the date of enact3 ment of the Coast Guard Authorization Act of 2025, the
4 Secretary of the department in which the Coast Guard is
5 operating shall submit to the Committee on Commerce,
6 Science, and Transportation of the Senate and the Com7 mittee on Transportation and Infrastructure of the House
8 of Representatives a report containing all the items de9 scribed in subsections (e) and (f) as applied to the Coast
10 Guard.’’.
11
(b) BRIEFING.—Not later than 270 days after the
12 date of enactment of this Act, the Commandant shall pro13 vide the Committee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on Transportation
15 and Infrastructure of the House of Representatives with
16 a briefing in person and in writing on the Commandant’s
17 assessment and implementation, as appropriate, of the
18 recommendations included in the Center for Naval Anal19 yses report titled ‘‘Assessing the USCG’s Special Victims’
20 Counsel Program’’, issued in June 2024, including—
21
22
(1) the implementation status of each adopted
recommendation, as appropriate;
23
(2) for each adopted recommendation, a de-
24
scription of actions taken to implement such rec-
25
ommendation;
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1
2
(3) in the case of an adopted recommendation
that has not been fully implemented—
3
(A) a description of actions taken or
4
planned to address such recommendation;
5
(B) an estimated completion date; and
6
(C) a description of the milestones nec-
7
essary to complete the recommendation;
8
(4) a description of any recommendation that
9
will not be adopted and an explanation of the reason
10
the recommendation will not be adopted;
11
(5) a description of the metrics and milestones
12
used to ensure completion and effectiveness of each
13
adopted recommendation;
14
(6) a description of any additional actions the
15
Commandant is taking to improve the efficiency and
16
effectiveness of the Special Victims’ Counsel pro-
17
gram of the Coast Guard;
18
19
(7) any legislative change proposal necessary to
implement the adopted recommendations; and
20
(8) an overview of any funding or resource nec-
21
essary to implement each adopted recommendation
22
in a timely and effective manner, including a list of
23
personnel needed for such implementation.
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SEC. 7524. PARTICIPATION IN CATCH A SERIAL OFFENDER
2
3
PROGRAM.
(a) IN GENERAL.—The Secretary of the department
4 in which the Coast Guard is operating when not operating
5 as a service in the Navy, acting through the Commandant,
6 shall ensure the participation of the Coast Guard in the
7 Catch a Serial Offender program (referred to in this sec8 tion as the ‘‘CATCH program’’) of the Department of De9 fense established in accordance with section 543 of the
10 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De11 fense Authorization Act for Fiscal Year 2015 (Public Law
12 113–291).
13
(b) MEMORANDUM OF UNDERSTANDING.—Not later
14 than 60 days after the date of enactment of this Act, the
15 Secretary of the department in which the Coast Guard is
16 operating and the Secretary of Defense shall finalize a
17 memorandum of agreement to facilitate Coast Guard ac18 cess to and participation in the CATCH program.
19
SEC. 7525. CONFIDENTIAL REPORTING OF SEXUAL HARASS-
20
21
MENT.
Section 1561b of title 10, United States Code, is
22 amended—
23
(1) in subsection (a)—
24
(A) by inserting ‘‘and the Secretary of the
25
department in which the Coast Guard is oper-
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1
ating when not operating as a service in the
2
Navy’’ after ‘‘Secretary of Defense’’; and
3
(B) by inserting ‘‘or the Commandant’’
4
after ‘‘Secretary of a military department’’;
5
(2) in subsection (c)—
6
(A) by inserting ‘‘or the Secretary of the
7
department in which the Coast Guard is oper-
8
ating when not operating as a service in the
9
Navy’’ after ‘‘Secretary of Defense’’; and
10
(B) in paragraph (1) by inserting ‘‘depart-
11
ments or the Commandant’’ after ‘‘Secretaries
12
of the military’’; and
13
(3) by adding at the end the following:
14
‘‘(e) REPORTS FOR THE COAST GUARD.—
15
‘‘(1) IN GENERAL.—Not later than April 30,
16
2026, and April 30 every 2 years thereafter, the
17
Secretary of the department in which the Coast
18
Guard is operating shall submit to the Committee on
19
Commerce, Science, and Transportation of the Sen-
20
ate and the Committee on Transportation and Infra-
21
structure of the House of Representatives a report
22
containing data on the complaints of sexual harass-
23
ment alleged pursuant to the process under sub-
24
section (a) during the previous 2 calendar years.
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1
‘‘(2) PERSONALLY
IDENTIFIABLE
INFORMA-
2
TION.—Any
3
graph (1) shall not contain any personally identifi-
4
able information.’’.
5
SEC. 7526. REPORT ON POLICY ON WHISTLEBLOWER PRO-
6
7
data on complaints described in para-
TECTIONS.
(a) IN GENERAL.—Not later than 90 days after the
8 date of enactment of this Act, the Commandant shall sub9 mit to the Committees on Commerce, Science, and Trans10 portation and Homeland Security and Governmental Af11 fairs of the Senate and the Committee on Transportation
12 and Infrastructure of the House of Representatives a re13 port on the policy of the Coast Guard on whistleblower
14 protections.
15
(b) ELEMENTS.—The report required by subsection
16 (a) shall include the following:
17
(1) A discussion of the policy of the Coast
18
Guard as of the date of enactment of this Act with
19
respect to—
20
(A) whistleblower protections;
21
(B) accountability measures for reprisal
22
against whistleblowers;
23
(C) the applicable professional standards
24
and potential types of support provided to whis-
25
tleblowers by members of the Coast Guard per-
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1
sonnel, such as the members in the Coast
2
Guard Investigative Service; and
3
(D) the content and frequency of training
4
provided to members of the Coast Guard on ac-
5
tive duty, members of the Coast Guard Reserve,
6
and civilian personnel of the Coast Guard with
7
respect to the applicable professional standards
8
and potential types of support offered to whis-
9
tleblowers.
10
(2) A description of the responsibilities of com-
11
manders and equivalent civilian supervisors with re-
12
spect to whistleblower complaints and measures used
13
by the Coast Guard to ensure compliance with such
14
responsibilities, such as—
15
(A) the mechanisms to ensure that—
16
(i) any such commander complies with
17
section 1034 of title 10, United States
18
Code, including subsection (a)(1) of that
19
section;
20
(ii) any such equivalent civilian super-
21
visor complies with section 2302 of title 5,
22
United States Code; and
23
(iii) any such commander or super-
24
visor protects the constitutional right of
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1
whistleblowers to speak with Members of
2
Congress;
3
(B) actions to be taken against any a com-
4
mander or equivalent civilian supervisor who
5
fails to act on a whistleblower complaint or im-
6
properly interferes with a whistleblower after a
7
complaint is filed or during the preparation of
8
a complaint;
9
(C) the role of Coast Guard attorneys in
10
ensuring that such commanders comply with re-
11
sponsibilities under section 1034 of title 10,
12
United States Code; and
13
(D) the role of Coast Guard civilian attor-
14
neys and administrative law judges in ensuring
15
that such civilian supervisors comply with re-
16
sponsibilities under section 2302 of title 5,
17
United States Code.
18
(3) A discussion of the availability of Coast
19
Guard staff, including civilian staff, assigned to pro-
20
viding, in accordance with professional standards or
21
practice, behavioral health care to whistleblowers, in-
22
cluding—
23
(A) the number and type of such staff;
24
(B) a description of the specific care re-
25
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1
(C) an identification of any limitation ex-
2
isting as of the date of enactment of this Act
3
to the provision of such care;
4
(D) a description of any plan to increase
5
capacity of such staff to provide such care, as
6
applicable; and
7
(E) a description of any additional re-
8
sources necessary to provide such care.
9
(4) An assessment of the manner in which the
10
policies discussed in paragraph (1), the responsibil-
11
ities of commanders and civilian supervisors de-
12
scribed in paragraph (2), and the availability of
13
Coast Guard staff as discussed in paragraph (3)
14
apply specifically to cadets and leadership at the
15
Coast Guard Academy.
16
(5) Recommendations (including, as appro-
17
priate, proposed legislative changes and a plan to
18
publish in the Federal Register not later than 180
19
days after the date of enactment of this Act a re-
20
quest for information seeking public comment and
21
recommendations) of the Commandant regarding
22
manners in which Coast Guard policies and proce-
23
dures may be strengthened—
24
25
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(A) to prevent whistleblower discrimination
and harassment;
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1
(B) to better enforce prohibitions on retal-
2
iation, including reprisal, restriction, ostracism,
3
and maltreatment, set forth in section 1034 of
4
title 10, United States Code, and section 2302
5
of title 5, United States Code; and
6
(C) to hold commanding officers and civil-
7
ian supervisors accountable for enforcing and
8
complying with prohibitions on any form of re-
9
taliation described in such section.
10
SEC. 7527. COAST GUARD AND COAST GUARD ACADEMY AC-
11
CESS TO DEFENSE SEXUAL ASSAULT INCI-
12
DENT DATABASE.
13
(a) MEMORANDUM OF UNDERSTANDING.—Not later
14 than 180 days after the date of enactment of this Act,
15 the Commandant, in consultation with the Secretary of
16 Defense, shall enter into a memorandum of understanding
17 to enable the criminal offender case management and ana18 lytics database of the Coast Guard to have system inter19 face access with the Defense Sexual Assault Incident
20 Database (referred to in this section as the ‘‘Database’’)
21 established by section 563 of the Duncan Hunter National
22 Defense Authorization Act for Fiscal Year 2009 (10
23 U.S.C. 1561 note).
24
(b) PLAN.—
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1
(1) IN GENERAL.—Not later than 60 days after
2
entering into the memorandum of understanding re-
3
quired under subsection (a), the Commandant, in
4
consultation with the Secretary of Defense, shall
5
submit to the appropriate committees of Congress a
6
plan to carry out the terms of such memorandum.
7
(2) ELEMENTS.—The plan required under
8
paragraph (1) shall include the following:
9
(A) Measures to ensure that authorized
10
staff of the Coast Guard have system interface
11
access to the Database, and a description of
12
any barrier to such access.
13
(B) Measures to ensure that authorized
14
staff of the Coast Guard Academy have system
15
interface access to the Database, and a descrip-
16
tion of any barrier to such access that is unique
17
to the Coast Guard Academy.
18
(C) Measures to facilitate formal or infor-
19
mal communication between the Coast Guard
20
and the Sexual Assault Prevention and Re-
21
sponse Office of the Department of Defense, or
22
any other relevant Department of Defense com-
23
ponent, to identify or seek a resolution to bar-
24
riers to Database access.
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1
(D) A description of the steps, measures,
2
and improvements necessary to remove any bar-
3
rier encountered by staff of the Coast Guard or
4
the Coast Guard Academy in accessing the
5
Database, including any failure of system inter-
6
face access necessitating manual entry of inves-
7
tigative data.
8
(E) An assessment of the technical chal-
9
lenges, timeframes, and costs associated with
10
providing authorized staff of the Coast Guard
11
and the Coast Guard Academy with system
12
interface access for the Database that is sub-
13
stantially similar to such system interface ac-
14
cess possessed by other branches of the Armed
15
Forces.
16
(3) APPROPRIATE COMMITTEES OF CONGRESS
17
DEFINED.—In
18
priate committees of Congress’’ means—
this subsection, the term ‘‘appro-
19
(A) the Committee on Commerce, Science,
20
and Transportation and the Committee on
21
Armed Services of the Senate; and
22
(B) the Committee on Transportation and
23
Infrastructure and the Committee on Armed
24
Services of the House of Representatives.
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1
SEC. 7528. EXPEDITED TRANSFER IN CASES OF SEXUAL
2
MISCONDUCT OR DOMESTIC VIOLENCE.
3
(a) EXPEDITED TRANSFER POLICY UPDATE.—Not
4 later than 180 days after the date of enactment of this
5 Act, the Commandant shall update Coast Guard policy as
6 necessary to implement—
7
8
(1) an expedited transfer process for covered individuals consistent with—
9
(A) Department of Defense policy on expe-
10
dited transfers of victims of sexual assault or
11
domestic violence in place on the date of enact-
12
ment of this Act; and
13
14
(B) subsection (b); and
(2) a process by which—
15
(A) a covered individual, the commanding
16
officer of a covered individual, or any other
17
Coast Guard official may initiate a request that
18
a subject be administratively assigned to an-
19
other unit in accordance with military assign-
20
ments and authorized absence policy for the du-
21
ration of the investigation and, if applicable,
22
prosecution of such subject;
23
(B) the Coast Guard shall ensure that any
24
administrative assignment action in response to
25
a request under subparagraph (A) will be taken
26
not as a punitive measure, but solely for the
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purpose of maintaining good order and dis-
2
cipline within the unit of the covered individual
3
or the subject; and
4
(C) protection of due process for the sub-
5
6
ject is preserved.
(b) RECUSAL.—The expedited transfer process imple-
7 mented under this section shall require the recusal of any
8 official involved in the approval or denial of an expedited
9 transfer request if the official was, at any time—
10
(1) the subject of a complaint of any form of
11
assault, harassment, or retaliation, or any other type
12
of complaint, filed by the covered individual; or
13
(2) associated, beyond workplace interactions,
14
with the subject in a manner that may present an
15
actual or apparent conflict of interest.
16
(c) NOTIFICATION REQUIREMENT.—With respect to
17 a member of the Coast Guard who makes an unrestricted
18 report of sexual assault or a report of domestic violence,
19 the updated policy required under subsection (a) shall
20 specify the appropriate officials of the Coast Guard who
21 shall provide such member with information regarding ex22 pedited transfer authority.
23
(d) REPORT.—
24
(1) INITIAL REPORT.—Not later than March 1
25
of the year that is not less than 1 year after the
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1
date on which the updates required under subsection
2
(a) are completed, the Commandant shall submit to
3
the Committee on Commerce, Science, and Trans-
4
portation of the Senate and the Committee on
5
Transportation and Infrastructure of the House of
6
Representatives, as an enclosure or appendix to the
7
report required by section 5112 of title 14, United
8
States Code, a report on such updates that in-
9
cludes—
10
(A) a copy of the updated policies of the
11
Coast Guard relating to expedited transfers;
12
(B) a summary of such updated policies;
13
(C) for the preceding year, the number of
14
covered individuals who have requested an expe-
15
dited transfer, disaggregated by gender of the
16
requester and whether the request was granted
17
or denied;
18
(D) for each denial of an expedited trans-
19
fer request during the preceding year, a de-
20
scription of the rationale for the denial; and
21
(E) any other matter the Commandant
22
considers appropriate.
23
(2) SUBSEQUENT REPORTS.—Not later than 1
24
year after the Commandant submits the report re-
25
quired under paragraph (1), and annually thereafter
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for 3 years, the Commandant shall submit to the
2
Committee on Commerce, Science, and Transpor-
3
tation of the Senate and the Committee on Trans-
4
portation and Infrastructure of the House of Rep-
5
resentatives, as an enclosure or appendix to the re-
6
port required by section 5112 of title 14, United
7
States Code, a report on the updates required under
8
subsection (a) that includes—
9
(A) any policies of the Coast Guard relat-
10
ing to expedited transfers that have been up-
11
dated since the previous report submitted under
12
this subsection;
13
(B) a summary of any such updated poli-
14
cies; and
15
(C) the information described under sub-
16
paragraphs (C) through (E) of paragraph (1).
17
(e) DEFINITIONS.—In this section:
18
19
(1) COVERED INDIVIDUAL.—The term ‘‘covered
individual’’ means—
20
(A) a member of the Coast Guard who is
21
a victim of sexual assault in a case handled
22
under the Sexual Assault Prevention, Response,
23
and Recovery Program or the Family Advocacy
24
Program;
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(B) a member of the Coast Guard who is
2
a victim of domestic violence (as defined by the
3
Secretary of the department in which the Coast
4
Guard is operating in the policies prescribed
5
under this section) committed by the spouse or
6
intimate partner of the member, regardless of
7
whether the spouse or intimate partner is a
8
member of the Coast Guard; and
9
(C) a member of the Coast Guard whose
10
dependent is a victim of sexual assault or do-
11
mestic violence.
12
(2) SUBJECT.—The term ‘‘subject’’ means a
13
member of the Coast Guard who is the subject of an
14
investigation related to alleged incidents of sexual
15
assault or domestic violence and is stationed at the
16
same installation as, or in close proximity to, the
17
covered individual involved.
18
SEC. 7529. ACCESS TO TEMPORARY SEPARATION PROGRAM
19
FOR VICTIMS OF ALLEGED SEX-RELATED OF-
20
FENSES.
21
(a) IN GENERAL.—Not later than 180 days after the
22 date of enactment of this Act, the Commandant shall up23 date the Coast Guard policy relating to temporary separa24 tion of members of the Coast Guard who are victims of
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1 alleged sex-related offenses as required under subsection
2 (b).
3
(b) ELIGIBILITY.—The updated policy required under
4 subsection (a) shall include—
5
(1) a provision that allows a member of the
6
Coast Guard to request to participate in the tem-
7
porary separation program if the member has re-
8
ported, in an unrestricted format or to the greatest
9
extent practicable, a restricted format, being the vic-
10
tim of an alleged sex-related offense on a date that
11
is during—
12
(A) the 5-year period preceding the re-
13
quested date of separation; and
14
(B) the military service of the member;
15
(2) a provision that provides eligibility for a
16
member of the Coast Guard to request temporary
17
separation if the member has reported being the vic-
18
tim of an alleged sex-related offense, even if—
19
(A) the member has had a previous tem-
20
porary separation including a previous tem-
21
porary separation as the victim of a previous
22
unrelated alleged sex-related offense; or
23
(B) the enlistment period of the member is
24
not nearing expiration or the tour or contract
25
of the member is not nearing completion;
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1
(3) an updated standard of review consistent
2
with the application of, and purposes of, this section;
3
and
4
(4) the establishment of a process—
5
(A) for eligible members to make requests
6
for temporary separation under this section;
7
and
8
(B) that allows the Commandant to con-
9
sider whether to allow a member granted tem-
10
porary separation under this section to fulfill
11
the enlistment period or tour or contract obliga-
12
tion of the member after the end of the tem-
13
porary separation period.
14
(c) EXCEPTION FROM REPAYMENT OF BONUSES, IN-
15
CENTIVE PAY, OR SIMILAR BENEFITS AND TERMINATION
16
OF REMAINING PAYMENTS.—For any temporary separa-
17 tion granted under the updated policy required under sub18 section (a), the Secretary concerned may conduct a review
19 to determine whether to exercise discretion in accordance
20 with section 373(b)(1) of title 37, United States Code.
21
(d) DEFINITIONS.—In this section:
22
(1) SECRETARY CONCERNED.—The term ‘‘Sec-
23
retary concerned’’ has the meaning given such term
24
in section 101 of title 37, United States Code.
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1
(2) SEX-RELATED OFFENSE.—The term ‘‘sex-
2
related offense’’ has the meaning given such term in
3
section 1044e(h) of title 10, United States Code.
4
SEC. 7530. CONTINUOUS VETTING OF SECURITY CLEAR-
5
6
ANCES.
Section 1564(c) of title 10, United States Code, is
7 amended—
8
(1) in paragraph (1)—
9
(A) in the matter preceding subparagraph
10
(A) by inserting ‘‘, and the Secretary of Home-
11
land Security shall conduct an investigation or
12
adjudication under subsection (a) of any indi-
13
vidual described in paragraph (3),’’ after ‘‘para-
14
graph (2)’’; and
15
(B) in subparagraph (A)(iv) by striking
16
‘‘the Secretary’’ and inserting ‘‘the Secretary of
17
Defense or the Secretary of Homeland Security,
18
as the case may be,’’;
19
(2) in paragraph (2) by inserting ‘‘(other than
20
an individual described in paragraph (3))’’ after ‘‘is
21
an individual’’;
22
23
(3) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
24
25
(4) by inserting after paragraph (2) the following new paragraph:
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1
‘‘(3) An individual described in this paragraph is an
2 individual who has a security clearance and is—
3
‘‘(A) a flag officer of the Coast Guard; or
4
‘‘(B) an employee of the Coast Guard in the
5
Senior Executive Service (career reserved).’’; and
6
(5) in paragraph (4), as redesignated by para-
7
graph (3), by striking ‘‘Secretary’’ and all that fol-
8
lows through ‘‘paragraph (2)’’ and inserting the fol-
9
lowing: ‘‘Secretary of Defense, in the case of an indi-
10
vidual described in paragraph (2), and the Secretary
11
of Homeland Security, in the case of an individual
12
described in paragraph (3), shall ensure that rel-
13
evant information on the conviction or determination
14
described in paragraph (1) of such an individual’’.
15
16
TITLE LXXVI—COMPTROLLER
GENERAL REPORTS
17
SEC. 7601. COMPTROLLER GENERAL REPORT ON COAST
18
GUARD RESEARCH, DEVELOPMENT, AND IN-
19
NOVATION PROGRAM.
20
(a) IN GENERAL.—Not later than 18 months after
21 the date of enactment of this Act, the Comptroller General
22 of the United States shall submit to the Committee on
23 Commerce, Science, and Transportation of the Senate and
24 the Committee on Transportation and Infrastructure of
25 the House of Representatives a report on the state of the
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1 research, development, and innovation program of the
2 Coast Guard during the 5-year period ending on such date
3 of enactment.
4
(b) ELEMENTS.—The report required by subsection
5 (a) shall include the following:
6
(1) An evaluation and description of the process
7
for selecting projects to be carried out under the re-
8
search, development, and innovation program of the
9
Coast Guard.
10
(2) An analysis of the manner in which funding
11
needs are determined and requested for such pro-
12
gram, and for the activities and projects of such pro-
13
gram, in alignment with the appropriate fiscal year.
14
(3) An assessment of the manner in which the
15
Coast Guard determines desired outcomes, and
16
measures the impact, of successful projects on the
17
execution of the operations and mission of the Coast
18
Guard.
19
(4) An assessment of the manner in which the
20
Coast Guard evaluates impacts and benefits of part-
21
nerships between the Coast Guard and the Depart-
22
ment of Defense and other entities, and a descrip-
23
tion of the extent to which and manner in which the
24
Coast Guard is leveraging such benefits and identi-
25
fying and managing any potential challenge.
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1
(5) An analysis of the manner in which the
2
Commandant is working with partners to accelerate
3
project transition from research, testing, evaluation,
4
and prototype to production.
5
(6) An assessment of the manner in which the
6
authority to enter into transactions other than con-
7
tracts and grants pursuant to sections 719 and 1158
8
of title 14, United States Code, has been exercised
9
by the Commandant, and a description of any train-
10
ing or resources necessary (including additional
11
agreements for officers and training) to more fully
12
exercise such authority.
13
(7) An evaluation of the role of the Blue Tech
14
Center of Expertise established in section 302 of the
15
Coast Guard Blue Technology Center of Expertise
16
Act (Public Law 115–265).
17
(8) Recommendations regarding authorization,
18
personnel, infrastructure, and other requirements
19
necessary for the expeditious transition of tech-
20
nologies developed under such program from proto-
21
type to production in the field.
22
(c) CONSULTATION.—In developing the report re-
23 quired under subsection (a), the Comptroller General may
24 consult with—
25
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1
(2) the Secretary of Defense;
2
(3) the intelligence community; and
3
(4) any relevant—
4
(A) federally funded research institutions;
5
(B) nongovernmental organizations; and
6
(C) institutions of higher education.
7
SEC. 7602. COMPTROLLER GENERAL STUDY ON VESSEL
8
TRAFFIC
9
COMPENSATION, AND RETENTION.
SERVICE
CENTER
EMPLOYMENT,
10
(a) DEFINITION OF VESSEL TRAFFIC SERVICE CEN-
11
TER.—In this section, the term ‘‘vessel traffic service cen-
12 ter’’ has the meaning given the term in section 70001(m)
13 of title 46, United States Code.
14
(b) IN GENERAL.—Not later than 1 year after the
15 date of enactment of this Act, the Comptroller General
16 of the United States shall commence a study on employ17 ment compensation, competitiveness, assignment, and re18 tention of civilian and military personnel assigned to or
19 otherwise employed at vessel traffic service centers in the
20 United States.
21
(c) ELEMENTS.—The study required under sub-
22 section (b) shall include the following:
23
(1) An assessment of the extent to which the
24
classification, assignment, selection, and pay rates of
25
personnel assigned to or otherwise employed at ves-
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1
sel traffic service centers are commensurate with the
2
required experience, duties, safety functions, and re-
3
sponsibilities of such positions.
4
(2) An assessment of the appropriate classifica-
5
tion, assignment, selection, and pay rate, as well as
6
nonmonetary employment incentives, that would fos-
7
ter a robust and competitive civilian candidate pool
8
for employment opportunities in civilian positions at
9
vessel traffic service centers.
10
(3) An analysis of the average civilian employ-
11
ment retention rate and average term of employment
12
of civilian personnel, by position, at vessel traffic
13
service centers.
14
(4) An analysis of existing special payments, as
15
discussed in the report by the Government Account-
16
ability Office entitled ‘‘Federal Pay: Opportunities
17
Exist to Enhance Strategic Use of Special Pay-
18
ments’’ (published December 7, 2017; GAO–18–91),
19
that may be available to personnel assigned to or
20
otherwise employed at vessel traffic service centers.
21
(5) An evaluation of all assignment parameters
22
and civilian hiring authority codes used by the Coast
23
Guard in assigning and hiring personnel assigned to
24
or otherwise employed at vessel traffic service cen-
25
ters.
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1
(6) An analysis of whether opportunities exist
2
to refine, consolidate, or expand Coast Guard civil-
3
ian hiring authorities for purposes of hiring per-
4
sonnel at the vessel traffic service centers.
5
(7) An assessment of the ability of the composi-
6
tion, as in effect on the first day of the study, of
7
military and civilian personnel assigned to or other-
8
wise employed at vessel traffic service centers to en-
9
sure safety on the waterways and to manage increas-
10
ing demand for vessel traffic services, taking into ac-
11
count the ranks and grades of such personnel, the
12
respective experience levels and training of such per-
13
sonnel, and the respective duties, safety functions,
14
and responsibilities of such personnel.
15
(8) An assessment of, and recommendations to
16
improve, the Coast Guard’s efforts to support the
17
career progression of and advancement opportunities
18
for officers and enlisted members of the Coast
19
Guard assigned to vessel traffic service centers.
20
(d) REPORT.—Not later than 1 year after com-
21 mencing the study required under subsection (b), the
22 Comptroller General shall submit to the Committee on
23 Commerce, Science, and Transportation of the Senate and
24 the Committee on Transportation and Infrastructure of
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1 the House of Representatives a report on the findings of
2 the study.
3
SEC. 7603. COMPTROLLER GENERAL REVIEW OF QUALITY
4
AND AVAILABILITY OF COAST GUARD BEHAV-
5
IORAL HEALTH CARE AND RESOURCES FOR
6
PERSONNEL WELLNESS.
7
(a) IN GENERAL.—Not later than 60 days after the
8 date of enactment of this Act, the Comptroller General
9 of the United States shall commence a review of the qual10 ity and availability of behavioral health care and related
11 resources for Coast Guard personnel at the locations de12 scribed in subsection (b).
13
(b) LOCATIONS TO BE REVIEWED.—In conducting
14 the review under subsection (a), the Comptroller General
15 shall—
16
(1) first review the practices and policies relat-
17
ing to the availability of behavioral health care and
18
related resources at Training Center Cape May; and
19
(2) review such practices and policies at—
20
(A) the Coast Guard Academy, including
21
Officer Candidate School; and
22
(B) other Coast Guard training locations,
23
24
as applicable.
(c) ELEMENTS.—The review conducted under sub-
25 section (a) shall include, for each location described in
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1 subsection (b), an assessment, and a description of avail2 able trend information (as applicable) for the 10-year pe3 riod preceding the date of the review, with respect to each
4 of the following:
5
(1) The nature of Coast Guard resources di-
6
rected toward behavioral health services at the loca-
7
tion.
8
(2) The manner in which the Coast Guard has
9
managed treatment for recruits, cadets, officer can-
10
didates, or other personnel who may be experiencing
11
a behavioral health crisis at the location (including
12
individuals who have transferred to other buildings
13
or facilities within the location).
14
(3) The extent to which the Coast Guard has
15
identified the resources, such as physical spaces and
16
facilities, necessary to manage behavioral health
17
challenges and crises that Coast Guard personnel
18
may face at the location.
19
(4) The behavioral health screenings required
20
by the Coast Guard for recruits, cadets, officer can-
21
didates, or other personnel at the location, and the
22
manner in which such screenings compare with
23
screenings required by the Department of Defense
24
for military recruits, service academy cadets, officer
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1
candidates, or other personnel at military service ac-
2
cession points.
3
(5) Whether the Coast Guard has assessed the
4
adequacy of behavioral health resources and services
5
for recruits, cadets, officer candidates, and other
6
personnel at the location, and if so, the additional
7
services and resources (such as resilience and life
8
skills coaching), if any, needed to address any poten-
9
tial gaps.
10
(6) The manner in which the Coast Guard man-
11
ages care transfers related to behavior health at the
12
location, including command and other management
13
input and privacy policies.
14
(7) The extent to which the Coast Guard has
15
evaluated contributing factors or reasons for behav-
16
ioral health crises experienced by newly enlisted per-
17
sonnel, cadets, officer candidates, or other personnel
18
at the location.
19
(8) The extent to which the Coast Guard has
20
addressed, at the location, provider care staffing
21
standards and credentialing deficiencies identified in
22
the report of the Comptroller General titled ‘‘Coast
23
Guard Health Care: Improvements Needed for De-
24
termining Staffing Needs and Monitoring Access to
25
Care’’, issued on February 4, 2022.
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1
(d) REPORTS.—The Comptroller General shall sub-
2 mit to the Committee on Commerce, Science, and Trans3 portation of the Senate and the Committee on Transpor4 tation and Infrastructure of the House of Representa5 tives—
6
(1) as soon as practicable but not later than 1
7
year after the date of enactment of this Act, a re-
8
port relating to the results of the review conducted
9
under subsection (a) relating to Training Center
10
Cape May, including any recommendations the
11
Comptroller General considers appropriate; and
12
13
(2) not later than 1 year after the date of enactment of this Act—
14
15
(A) a report on the results of the review
conducted under subsection (a) relating to—
16
17
(i) the Coast Guard Academy, including Officer Candidate School; and
18
(ii) other Coast Guard training loca-
19
tions, as applicable; and
20
(B) any recommendations the Comptroller
21
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1
SEC. 7604. COMPTROLLER GENERAL STUDY ON COAST
2
GUARD EFFORTS TO REDUCE PREVALENCE
3
OF
4
RECORDS AND SHARING OF MEDICAL DATA
5
WITH DEPARTMENT OF VETERANS AFFAIRS
6
AND OTHER ENTITIES.
7
MISSING
OR
INCOMPLETE
MEDICAL
(a) STUDY.—Not later than 1 year after the date of
8 enactment of this Act, the Comptroller General of the
9 United States shall commence a study assessing the ef10 forts of the Commandant—
11
12
(1) to reduce the prevalence of missing or incomplete medical records;
13
(2) to share medical data of members of the
14
Coast Guard with the Department of Veterans Af-
15
fairs; and
16
(3) to ensure that electronic health records are
17
provided in a format that is user friendly and easy
18
to access.
19
(b) ELEMENTS.—In conducting the study under sub-
20 section (a), the Comptroller General shall review the fol21 lowing:
22
(1) The steps the Commandant has taken to re-
23
duce the prevalence of missing or incomplete medical
24
records of members of the Coast Guard.
25
(2) How implementation of an electronic health
26
record system has affected the ability of the Com-
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1
mandant to manage health records of members of
2
the Coast Guard, including—
3
(A) how the Commandant adds records
4
from private medical providers to the electronic
5
health record system;
6
(B) the progress of the Commandant to-
7
ward implementing the electronic health record
8
system in shipboard sick bays of the Coast
9
Guard;
10
(C) how the Coast Guard shares medical
11
records with the Department of Veterans Af-
12
fairs; and
13
(D) any other matter the Comptroller Gen-
14
eral considers appropriate with respect to med-
15
ical record storage, use, and sharing and the
16
associated consequences for member health and
17
well-being.
18
(3) The ability of members of the Coast Guard,
19
medical professionals of the Coast Guard and of the
20
Department of Defense, personnel of the Depart-
21
ment of Veterans Affairs, and other personnel to ac-
22
cess and search, as appropriate, the electronic health
23
records of individuals, including the ability to search
24
or quickly find information within electronic health
25
records.
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1
(c) REPORT.—Upon completion of the study under
2 subsection (a), the Comptroller General shall submit to the
3 Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Transportation and In5 frastructure of the House of Representatives a report con6 taining the results of the study under subsection (a).
7
SEC. 7605. COMPTROLLER GENERAL STUDY ON COAST
8
GUARD
9
TURE.
10
TRAINING
FACILITY
INFRASTRUC-
(a) IN GENERAL.—Not later than 180 days after the
11 date of enactment of this Act, the Comptroller General
12 of the United States shall commence a study on Coast
13 Guard training facility infrastructure, including the spe14 cific needs of the Coast Guard training facilities described
15 in subsection (c).
16
(b) ELEMENTS.—The study required under sub-
17 section (a) shall include the following:
18
19
(1) With respect to each Coast Guard training
facility described in subsection (c)—
20
21
22
23
(A) a summary of capital needs, including
construction and repair;
(B) a summary of equipment upgrade
backlogs;
24
(C) an assessment of necessary improve-
25
ments, including improvements to essential
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1
training equipment (including swimming pools,
2
operational
3
training ranges) to enable the Coast Guard to
4
achieve all operational training objectives;
5
6
simulators,
and
marksmanship
(D) a description of the resources necessary to fully address all training needs;
7
(E) an assessment of any security defi-
8
ciency, including with respect to base access,
9
training facility access, and trainee berthing
10
area access;
11
12
13
(F) an identification of any exposed hazard
that does not serve a training purpose;
(G) an identification of the presence of
14
hazardous or toxic materials, including—
15
(i) lead-based paint;
16
(ii) asbestos or products that contain
17
asbestos;
18
(iii) black mold;
19
(iv) radon; and
20
(v) contaminated drinking water; and
21
(H) an assessment of the need for, and es-
22
timated cost of, remediation of such toxic mate-
23
rials.
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1
(2) An evaluation of the process used by the
2
Coast Guard to identify, monitor, and construct
3
Coast Guard training facilities.
4
(c) COAST GUARD TRAINING FACILITIES DE-
5
SCRIBED.—The Coast Guard training facilities described
6 in this subsection are the following:
7
8
(1) The Coast Guard Academy in New London,
Connecticut.
9
10
(2) The Leadership Development Center in
New London, Connecticut.
11
(3) Training Center Cape May, New Jersey.
12
(4) Training Center Petaluma, California.
13
(5) Training Center Yorktown, Virginia.
14
(6) The Maritime Law Enforcement Academy
15
in Charleston, South Carolina.
16
17
(7) The Special Missions Training Center at
Camp Lejeune in North Carolina.
18
19
(8) The Gulf Regional Fisheries Training Center (GRFTC) in New Orleans, Louisiana.
20
21
(9) The North Pacific Regional Fisheries
Training Center (NPRFTC) in Kodiak, Alaska.
22
(10) The Northeast Regional Fisheries Train-
23
ing Center (NRFTC) at Cape Cod, Massachusetts.
24
(11) The Southeast Regional Fisheries Training
25
Center (SRFTC) in Charleston, South Carolina.
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1
2
(12) The Pacific Regional Fisheries Training
Center (PRFTC) in Alameda, California.
3
4
(13) The National Motor Lifeboat School at
Cape Disappointment, Washington.
5
6
(14) The Aviation Technical Training Center in
Elizabeth City, North Carolina.
7
(15) The Aviation Training Center in Mobile,
8
Alabama.
9
(d) REPORT.—Not later than 1 year after com-
10 mencing the study required under subsection (a), the
11 Comptroller General shall submit to the Committee on
12 Commerce, Science, and Transportation of the Senate and
13 the Committee on Transportation and Infrastructure of
14 the House of Representatives a report on the findings of
15 the study.
16
SEC. 7606. COMPTROLLER GENERAL STUDY ON FACILITY
17
AND INFRASTRUCTURE NEEDS OF COAST
18
GUARD STATIONS CONDUCTING BORDER SE-
19
CURITY OPERATIONS.
20
(a) STUDY.—
21
(1) IN GENERAL.—Not later than 180 days
22
after the date of enactment of this Act, the Comp-
23
troller General of the United States shall commence
24
a study on the facility and infrastructure needs of
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the Coast Guard stations and units described in
2
paragraph (3).
3
(2) ELEMENTS.—The study required under
4
paragraph (1) shall include, with respect to each
5
Coast Guard station and unit described in para-
6
graph (3), the following:
7
(A) An assessment of capital needs, includ-
8
ing personnel capacity, construction, and repair.
9
(B) An assessment of equipment upgrade
10
backlogs.
11
(C) An identification of any necessary im-
12
provement, including any improvement to oper-
13
ational and training equipment necessary to
14
conduct safe and effective maritime border se-
15
curity operations.
16
(D) An identification of any resource nec-
17
essary to fully address all operational and train-
18
ing needs.
19
20
(E) An identification of any physical security deficiency.
21
22
23
24
(F) An identification of any exposed hazard.
(G) An identification of the presence of
any hazardous or toxic material, including—
25
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December 7, 2025 (12:02 p.m.)
(i) lead-based paint;
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2691
1
(ii) asbestos or any product that con-
2
tains asbestos;
3
(iii) black mold;
4
(iv) radon; and
5
(v) contaminated drinking water.
6
(H) An assessment of the need for, and es-
7
timated cost of, remediation of any toxic mate-
8
rial identified under subparagraph (G).
9
(3) COAST GUARD STATIONS DESCRIBED.—The
10
Coast Guard stations and units described in this
11
paragraph are the following:
12
13
(A) Coast Guard Station South Padre Island, Texas.
14
15
(B) Coast Guard Station Port Aransas,
Texas.
16
17
(C) Coast Guard Station Port O’Connor,
Texas.
18
19
(D) Coast Guard Station Bellingham,
Washington.
20
21
(E) Coast Guard Station Neah Bay, Washington.
22
23
(F) Coast Guard Station Port Angeles,
Washington.
24
25
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December 7, 2025 (12:02 p.m.)
(G) Coast Guard Station Ketchikan, Alaska.
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2692
1
(H) Coast Guard Station San Diego, Cali-
2
fornia.
3
(I) Coast Guard Station Key West, Flor-
4
ida.
5
(J) Coast Guard Station Marathon, Flor-
6
ida.
7
(K) Coast Guard Station Islamorada, Flor-
8
ida.
9
(L)
10
Maine.
11
Coast
Guard
Station
Jonesport,
(M) Coast Guard Station Bayfield, Wis-
12
consin.
13
(N) Coast Guard Station Sturgeon Bay,
14
Wisconsin.
15
(O) Coast Guard Marine Safety Detach-
16
ment Santa Barbara.
17
(P) Any other Coast Guard station the
18
Comptroller General considers appropriate.
19
(b) REPORT.—Not later than 1 year after com-
20 mencing the study required under subsection (a), the
21 Comptroller General shall submit to the Committee on
22 Commerce, Science, and Transportation of the Senate, the
23 Committee on Transportation and Infrastructure of the
24 House of Representatives, and the Commandant a report
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December 7, 2025 (12:02 p.m.)
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2693
1 on the findings of the study, including any recommenda2 tion the Comptroller General considers appropriate.
3
(c) BRIEFINGS.—Not later than 180 days after the
4 date on which the report required under subsection (b)
5 is submitted to the Commandant, the Commandant shall
6 provide a briefing to the Committee on Commerce,
7 Science, and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of the House
9 of Representatives on—
10
(1) the actions the Commandant has taken, or
11
has ceased to take, as a result of the findings, in-
12
cluding any recommendation, set forth in the report;
13
and
14
15
16
(2) a plan for addressing such findings and any
such recommendation.
SEC. 7607. COMPTROLLER GENERAL STUDY ON COAST
17
18
GUARD BASIC ALLOWANCE FOR HOUSING.
(a) IN GENERAL.—Not later than 90 days after the
19 date on which the Department of Defense issues the re20 port on the Fourteenth Quadrennial Review of Military
21 Compensation, the Comptroller General of the United
22 States shall commence a study of Coast Guard involve23 ment in, and efforts to support, the determination of the
24 cost of adequate housing and the calculation of the basic
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December 7, 2025 (12:02 p.m.)
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2694
1 allowance for housing under section 403 of title 37, United
2 States Code.
3
(b) ELEMENTS.—The study required under sub-
4 section (a) shall include, to the extent practicable, the fol5 lowing:
6
(1) An identification of Coast Guard duty loca-
7
tions in which there is a misalignment between the
8
basic allowance for housing rate and the prevailing
9
housing cost for members of the Coast Guard such
10
that the basic allowance for housing is less than 95
11
percent of the monthly cost of adequate housing for
12
such members in the corresponding military housing
13
area.
14
(2) An analysis of each of the following:
15
(A) Anchor points, including—
16
17
(i) the methodology for the establishment of anchor points; and
18
(ii) with respect to housing provided
19
as part of a public-private venture and
20
Government-owned and Government-leased
21
housing, the disparities between estab-
22
lished anchor points and housing standards
23
across the armed forces (as such term is
24
defined in section 101 of title 10, United
25
States Code).
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December 7, 2025 (12:02 p.m.)
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1
(B) Existing military housing boundary
2
areas that affect the Coast Guard.
3
(C) Actions taken by the Commandant to
4
comprehensively monitor basic allowance for
5
housing rates for Coast Guard duty locations.
6
(D) The frequency of reviews conducted by
7
the Commandant of the site visits used by the
8
Department of Defense to inform military hous-
9
ing area boundaries.
10
(c) REPORT.—Not later than 1 year after the date
11 on which the study required under subsection (a) com12 mences, the Comptroller General shall submit to the Com13 mittee on Commerce, Science, and Transportation of the
14 Senate, the Committee on Transportation and Infrastruc15 ture of the House of Representatives, and the Com16 mandant a report on the findings of the study, including
17 any recommendation the Comptroller General considers
18 appropriate.
19
(d) PLAN.—Not later than 1 year after the date on
20 which the report required by subsection (c) is submitted
21 to the Commandant, the Commandant shall submit to the
22 Committee on Commerce, Science, and Transportation of
23 the Senate and the Committee on Transportation and In24 frastructure of the House of Representatives—
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December 7, 2025 (12:02 p.m.)
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1
(1) an implementation plan, including time-
2
frames and milestones, addressing any recommenda-
3
tion made by the Comptroller General in such re-
4
port, as the Commandant considers appropriate; and
5
(2) with respect to any recommendation set
6
forth in such report that the Commandant declines
7
to implement, a written justification for the decision.
8
(e) ANCHOR POINT DEFINED.—In this section, the
9 term ‘‘anchor point’’—
10
(1) means the minimum housing standard ref-
11
erence benchmark used to establish the basic allow-
12
ance for housing under section 403 of title 37,
13
United States Code; and
14
15
(2) includes housing type and size based on pay
grade and dependent status.
16
SEC. 7608. COMPTROLLER GENERAL REPORT ON SAFETY
17
AND SECURITY INFRASTRUCTURE AT COAST
18
GUARD ACADEMY.
19
(a) GAO REPORT.—
20
(1) IN GENERAL.—Not later than 1 year after
21
the date of enactment of this Act, the Comptroller
22
General of the United States shall submit to the
23
Committee on Commerce, Science, and Transpor-
24
tation of the Senate and the Committee on Trans-
25
portation and Infrastructure of the House of Rep-
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
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2697
1
resentatives a report on the safety and security in-
2
frastructure at the Coast Guard Academy.
3
(2) ELEMENTS.—The report required under
4
paragraph (1) shall include an assessment of each of
5
the following:
6
(A) Existing security infrastructure for the
7
grounds, buildings, athletic facilities, and any
8
other facility of the Coast Guard Academy, in-
9
cluding access points, locks, surveillance, and
10
other security methods, as appropriate.
11
(B) Coast Guard policies with respect to
12
the management, data storage and access, and
13
operational capacity of the security infrastruc-
14
ture and methods evaluated under subpara-
15
graph (A).
16
(C) Special security needs relating to
17
events at the Coast Guard Academy, such as
18
large athletic events and other widely attended
19
events.
20
(D) Coast Guard policies and procedures
21
with respect to access to Coast Guard Academy
22
grounds by—
23
24
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December 7, 2025 (12:02 p.m.)
(i) current or former members of the
Coast Guard;
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2698
1
2
(ii) current or former civilian employees of the Coast Guard;
3
(iii) Coast Guard personnel that re-
4
side at the Academy and families of cadets;
5
and
6
(iv) members of the public.
7
(E) Existing processes by which the Com-
8
mandant, the Superintendent of the Coast
9
Guard Academy, or a designated individual may
10
prohibit or restrict access to Coast Guard Acad-
11
emy grounds by any current or former member
12
or civilian employee of the Coast Guard who—
13
(i) has been subject to court-martial
14
under the Uniform Code of Military Jus-
15
tice for sexual misconduct; or
16
(ii) has been administratively dis-
17
ciplined for sexual misconduct.
18
(F) Enforcement processes regarding ac-
19
cess to Coast Guard Academy grounds for indi-
20
viduals (including current and former cadets,
21
members, and civilian employees of the Coast
22
Guard) who are or have been subject to a no-
23
contact order relating to—
24
25
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December 7, 2025 (12:02 p.m.)
(i) a cadet or member of the faculty
of the Academy; or
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2699
1
(ii) any other individual with access to
2
Academy grounds.
3
(G) Recommendations to improve—
4
(i) the security of the Coast Guard
5
Academy; and
6
(ii) the safety of—
7
(I) cadets at the Coast Guard
8
Academy; and
9
(II) members of the Coast Guard
10
stationed at, and civilian employees
11
of, the Coast Guard Academy.
12
(b) ACTIONS BY COMMANDANT.—
13
(1) REPORT.—Not later than 180 days after
14
the date on which the Comptroller General submits
15
the report required under subsection (a), the Com-
16
mandant shall submit to the Committee on Com-
17
merce, Science, and Transportation of the Senate
18
and the Committee on Transportation and Infra-
19
structure of the House of Representatives a report
20
that includes—
21
(A) a detailed plan to improve the security
22
of, and the safety of cadets at, the Coast Guard
23
Academy; and
24
25
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December 7, 2025 (12:02 p.m.)
(B) a detailed timeline for implementation
of—
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G:\CMTE\AS\26\C\RCP.XML
2700
1
(i) the recommendations made by the
2
Comptroller General in such report; and
3
(ii) any other safety improvement the
4
Commandant considers appropriate.
5
(2) POLICY.—Not later than 30 days after the
6
date on which the Comptroller General submits the
7
report required under subsection (a), the Com-
8
mandant, in a manner that maintains good order
9
and discipline, shall update Coast Guard policy re-
10
lating to access to the Coast Guard Academy
11
grounds to include procedures by which individuals
12
may be prohibited from accessing the Coast Guard
13
Academy—
14
(A) as the Commandant considers appro-
15
priate; and
16
(B) consistent with the recommendations
17
made by the Comptroller General in such re-
18
port.
19
SEC. 7609. COMPTROLLER GENERAL STUDY ON ATHLETIC
20
21
COACHING AT COAST GUARD ACADEMY.
(a) IN GENERAL.—Not later than 1 year after the
22 date of enactment of this Act, the Comptroller General
23 of the United States, in consultation with the Super24 intendent of the Coast Guard Academy, shall commence
25 a study on the number of administratively determined bil-
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December 7, 2025 (12:02 p.m.)
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2701
1 lets for teaching and coaching necessary to support Coast
2 Guard Academy recruitment, intercollegiate athletics,
3 health and physical education, and leadership development
4 programs.
5
(b) ELEMENTS.—The study required under sub-
6 section (a) shall include the following:
7
(1) An identification of the number of full-time
8
and part-time employees performing coaching func-
9
tions at the Coast Guard Academy whose positions
10
are funded by a nonappropriated fund instrumen-
11
tality of the Coast Guard.
12
(2) An identification of the number of full-time
13
and part-time employees whose positions are funded
14
by a nonappropriated fund instrumentality per-
15
forming coaching functions at the following:
16
(A) The United States Military Academy.
17
(B) The United States Naval Academy.
18
(C) The United States Air Force Academy.
19
(D) The United States Merchant Marine
20
Academy.
21
(3) An analysis of the roles performed by ath-
22
letic coaches with respect to officer development at
23
the Coast Guard Academy, including the specific
24
functions of athletic coaches within the health and
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2702
1
physical education and leadership development pro-
2
gram curriculums.
3
(4) An identification of any adverse impacts on
4
or deficiencies in cadet training and officer develop-
5
ment resulting from an inadequate number of ad-
6
ministratively determined billets for teaching and
7
coaching at the Coast Guard Academy.
8
(c) CONSULTATION.—In conducting the study under
9 subsection (a), the Comptroller General may consult a fed10 erally funded research and development center.
11
(d) REPORT.—The Comptroller General shall submit
12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee of Transportation
14 and Infrastructure of the House of Representatives a re15 port on the results of the study conducted under this sec16 tion.
17
SEC. 7610. COMPTROLLER GENERAL STUDY AND REPORT
18
ON PERMANENT CHANGE OF STATION PROC-
19
ESS.
20
(a) STUDY.—Not later than 1 year after the date of
21 enactment of this Act, the Comptroller General of the
22 United States shall commence a study to evaluate the ef23 fectiveness of the permanent change of station process of
24 the Coast Guard.
25
(b) REPORT.—
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1
(1) IN GENERAL.—Not later than 1 year after
2
commencing the study required by subsection (a),
3
the Comptroller General shall submit to the Com-
4
mittee on Commerce, Science, and Transportation of
5
the Senate and the Committee on Transportation
6
and Infrastructure of the House of Representatives
7
a report on the findings of the study.
8
9
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
10
11
(A) A description of the permanent change
of station policies of the Coast Guard.
12
(B) A description of Coast Guard spending
13
on permanent change of station moves and as-
14
sociated support costs.
15
(C) An evaluation of the effectiveness of
16
using contracted movers for permanent change
17
of station moves, including the estimated costs
18
associated with—
19
20
(i) lost or damaged personal property
of members of the Coast Guard;
21
22
(ii) delays in scheduling such a move
through a contracted mover;
23
24
(iii) delayed delivery of household
goods; and
25
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December 7, 2025 (12:02 p.m.)
(iv) other related challenges.
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2704
1
(D) A review of changes to permanent
2
change of station policies implemented during
3
the 10-year period ending on the date of enact-
4
ment of this Act, and the costs or savings to
5
the Coast Guard directly associated with such
6
changes.
7
(E) Recommendations to improve the per-
8
manent change of station process of the Coast
9
Guard.
10
(F) Any additional information or related
11
matter arising from the study, as the Comp-
12
troller General considers appropriate.
13
SEC. 7611. COMPTROLLER GENERAL REVIEW OF COAST
14
GUARD INVESTIGATIVE SERVICE.
15
(a) IN GENERAL.—The Comptroller General of the
16 United States shall conduct a review of the training pro17 vided by, and the resourcing and management of, the
18 Coast Guard Investigative Service.
19
(b) ELEMENTS.—The review required by subsection
20 (a) shall include the following:
21
(1) A review of the organizational and career
22
progression structure of the Coast Guard Investiga-
23
tive Service, including the assignment and promotion
24
process and the qualifications and experience re-
25
quired for Coast Guard Investigative Service special
g:\VHLC\120725\120725.005.xml
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2705
1
agents, experts, and support personnel throughout
2
their careers, in all investigative areas and positions
3
(including active duty, reserve, and civilian special
4
agents).
5
(2) For each position in the Coast Guard Inves-
6
tigative Service, an assessment of the classification,
7
pay rate (including any special pay), average term of
8
employment, and retention rate.
9
(3) An assessment of the type and content of
10
training required for and provided to special agents
11
of the Coast Guard Investigative Service as such
12
agents progress through their careers, including the
13
extent to which—
14
(A) the type and content of such training
15
varies among special agents depending on the
16
offenses the agents investigate, such as sexual
17
assault, domestic abuse, and fraud;
18
(B) such special agents complete such
19
training in a timely manner; and
20
(C) the Coast Guard Investigative Service
21
tracks training completion.
22
(4) A review of relevant policies and practices
23
of the Coast Guard Investigative Service relating to
24
personnel, funding, and other resource needs, such
25
as physical spaces and facilities.
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1
(5) An analysis of the manner in which the
2
needs described in paragraph (4) are determined by
3
the Coast Guard Investigative Service and the man-
4
ner in which the resources to fulfill such needs are
5
requested by the Coast Guard Investigative Service,
6
including a determination as to whether the Com-
7
mandant and the Secretary of Homeland Security
8
assesses the adequacy of such resources and identi-
9
fies any additional resources needed to address the
10
gaps identified.
11
(6) An assessment of—
12
(A) the extent to which the Commandant
13
and the Coast Guard Investigative Service part-
14
ners with, leverages expertise from, or defers
15
to—
16
17
(i) military criminal investigative entities of the Department of Defense; or
18
(ii) the Inspector General of the De-
19
partment of Homeland Security or any In-
20
spectors General of the Department of De-
21
fense; and
22
(B)(i) the extent to which such entities
23
have the authority to investigate cases involving
24
Coast Guard personnel or otherwise carry out
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2707
1
investigations involving Coast Guard personnel;
2
and
3
(ii) the extent of the communication
4
between the Coast Guard Investigative
5
Service and other such entities with re-
6
spect to such cases.
7
(7) An analysis of the number of cases inves-
8
tigated by the Coast Guard Investigative Service, in-
9
cluding, for each such case, the type and duration
10
of the investigation and associated timelines.
11
(8) An analysis of the number of cases referred
12
by the Coast Guard Investigative Service to other
13
entities for investigation, including, for each such
14
case, the type and duration of the investigation and
15
associated timelines.
16
(9) An assessment of the extent to which the
17
Commandant and the Inspector General of the De-
18
partment of Homeland Security exercise oversight
19
over the Coast Guard Investigative Service, including
20
any data, metrics, or other information that the
21
Commandant uses to monitor and assess the inves-
22
tigative performance, personnel levels, and other re-
23
sources of the Coast Guard Investigative Service.
24
(c) BRIEFING AND PRESENTATION OF FINAL RE-
25
SULTS.—The Comptroller General shall—
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1
(1) not later than March 31, 2026, provide the
2
Committee on Commerce, Science, and Transpor-
3
tation of the Senate and the Committee on Trans-
4
portation and Infrastructure of the House of Rep-
5
resentatives with a briefing on the preliminary find-
6
ings of the review required by subsection (a); and
7
(2) present to the Committee on Commerce,
8
Science, and Transportation of the Senate and the
9
Committee on Transportation and Infrastructure of
10
the House of Representatives the final results of
11
such review in the format and on the date agreed
12
upon at such briefing.
13
TITLE LXXVII—AMENDMENTS
14
15
SEC. 7701. AMENDMENTS.
(a) PROHIBITION ON ENTRY AND OPERATION.—Sec-
16 tion 70022(b)(1) of title 46, United States Code, is
17 amended by striking ‘‘Federal Register’’ and inserting
18 ‘‘the Federal Register’’.
19
(b) PORT, HARBOR, AND COASTAL FACILITY SECU-
20
RITY.—Section 70116(b) of title 46, United States Code,
21 is amended—
22
23
(1) in paragraph (1) by striking ‘‘terrorism
cyber’’ and inserting ‘‘terrorism, cyber’’; and
24
25
(2) in paragraph (2) by inserting a comma
after ‘‘acts of terrorism’’.
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1
(c) ENFORCEMENT BY STATE AND LOCAL OFFI-
2
CERS.—Section 70118(a) of title 46, United States Code,
3 is amended—
4
(1) by striking ‘‘section 1 of title II of the Act
5
of June 15, 1917 (chapter 30; 50 U.S.C. 191)’’ and
6
inserting ‘‘section 70051’’; and
7
(2) by striking ‘‘section 7(b) of the Ports and
8
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
9
serting ‘‘section 70116(b)’’.
10
(d) CHAPTER 701 DEFINITIONS.—Section 70131(2)
11 of title 46, United States Code, is amended—
12
(1) by striking ‘‘section 1 of title II of the Act
13
of June 15, 1917 (50 U.S.C. 191)’’ and inserting
14
‘‘section 70051’’; and
15
(2) by striking ‘‘section 7(b) of the Ports and
16
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
17
serting ‘‘section 70116(b)’’.
18
(e) NOTICE OF ARRIVAL REQUIREMENTS FOR VES-
19
SELS ON THE OUTER CONTINENTAL SHELF.—
20
(1)
PREPARATORY
CONFORMING
AMEND-
21
MENT.—Section
22
Code, is amended by redesignating subsections (l)
23
and (m) as subsections (m) and (n), respectively.
70001 of title 46, United States
24
(2) TRANSFER OF PROVISION.—Section 704 of
25
the Coast Guard and Maritime Transportation Act
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1
2012 (Public Law 112–213; 46 U.S.C. 70001 note)
2
is—
3
(A) amended by striking ‘‘of title 46,
4
United States Code,’’;
5
(B) amended by striking ‘‘(33 U.S.C. 1223
6
note)’’ and inserting ‘‘(46 U.S.C. 70001 note)’’;
7
(C) transferred to appear after 70001(k)
8
of title 46, United States Code; and
9
(D) redesignated as subsection (l).
10
(f) TITLE 46.—Title 46, United States Code, is
11 amended as follows:
12
13
(1) Section 2101(2) is amended by striking
‘‘section 1’’ and inserting ‘‘section 101’’.
14
(2) Section 2116(b)(1)(D) is amended by strik-
15
ing ‘‘section 93(c)’’ and inserting ‘‘section 504(c)’’.
16
(3) In the analysis for subtitle VII by striking
17
the period after ‘‘70001’’ in the item relating to
18
chapter 700.
19
(4) In the analysis for chapter 700 by striking
20
the item relating to section 70006 and inserting the
21
following:
‘‘70006. Establishment by Secretary of the department in which the Coast
Guard is operating of anchorage grounds and regulations generally.’’.
22
(5) In the heading for subchapter IV in the
23
analysis for chapter 700 by inserting a comma after
24
‘‘DEFINITIONS’’.
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1
(6) In the heading for subchapter VI in the
2
analysis for chapter 700 by striking ‘‘OF THE
3
UNITED’’ and inserting ‘‘OF UNITED’’.
4
(7) Section 70052(e)(1) is amended by striking
5
‘‘section 4197 of the Revised Statutes of the United
6
States (46 U.S.C. App. 91)’’ and inserting ‘‘section
7
60105’’.
8
(g) OIL POLLUTION ACT OF 1990.—The Oil Pollu-
9 tion Act of 1990 (33 U.S.C. 2701 et seq.) is amended as
10 follows:
11
12
(1) Section 1001 (33 U.S.C. 2701) is amended—
13
(A) in paragraph (32)(G) by striking
14
‘‘pipeline’’ and all that follows through ‘‘off-
15
shore facility’’ and inserting ‘‘pipeline, offshore
16
facility’’;
17
(B) in paragraph (39) by striking ‘‘section
18
101(20)(G)(i)’’
19
101(20)(H)(i)’’;
20
and
inserting
‘‘section
(C) in paragraph (40) by striking ‘‘section
21
101(20)(G)(ii)’’
22
101(20)(H)(ii)’’;
and
inserting
‘‘section
23
(D) ) in paragraph (41) by striking ‘‘sec-
24
tion 101(20)(G)(iii)’’ and inserting ‘‘section
25
101(20)(H)(iii)’’;
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1
(E) in paragraph (42) by striking ‘‘section
2
101(20)(G)(iv)’’
3
101(20)(H)(iv)’’;
4
and
inserting
‘‘section
(F) in paragraph (43) by striking ‘‘section
5
101(20)(G)(v)’’
6
101(20)(H)(v)’’; and
7
and
inserting
‘‘section
(G) in paragraph (44) by striking ‘‘section
8
101(20)(G)(vi)’’
9
101(20)(H)(vi)’’.
10
(2) Section 1003(d)(6) (33 U.S.C. 2703(d)(6))
11
is amended by striking ‘‘this paragraph’’ and insert-
12
ing ‘‘this subsection’’.
13
14
and
inserting
‘‘section
(3) Section 1016 (33 U.S.C. 2716) is amended—
15
(A)
by
redesignating
subsections
(e)
16
through (i) as subsections (d) through (h), re-
17
spectively; and
18
(B) in subsection (e)(1)(B), as redesig-
19
nated by subparagraph (A), by striking ‘‘sub-
20
section (e)’’ and inserting ‘‘subsection (d)’’.
21
(4) Section 1012(b)(2) (33 U.S.C. 2712(b)(2))
22
is amended by striking ‘‘section 1016(f)(1)’’ and in-
23
serting ‘‘section 1016(e)(1)’’.
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1
(5)
Section
1005(b)(5)(B)
(33
U.S.C.
2
2716(b)(5)(B)) is amended by striking ‘‘section
3
1016(g)’’ and inserting ‘‘section 2716(f)’’.
4
(6) Section 1018(c) (33 U.S.C. 2718(c)) is
5
amended by striking ‘‘the Act of March 3, 1851 (46
6
U.S.C. 183 et seq.)’’ and inserting ‘‘chapter 305 of
7
title 46, United States Code’’.
8
(7) Section 7001(h)(1) (33 U.S.C. 2761(h)(1))
9
is amended by striking ‘‘subsection (c)(4)’’ and in-
10
serting ‘‘subsection (e)(4)’’.
11
(h) HYDROGRAPHIC SERVICES IMPROVEMENT ACT
12
OF 1998.—Section 303 of the Hydrographic Services Im-
13 provement Act of 1998 (33 U.S.C. 892a) is amended—
14
15
(1) in subsection (a) by striking ‘‘this Act’’ and
inserting ‘‘this title’’; and
16
(2) in subsection (b)—
17
(A) by striking ‘‘this Act’’ and inserting
18
‘‘this title’’; and
19
(B) by striking ‘‘subchapter VI of chapter
20
21
10’’ and inserting ‘‘chapter 11’’.
(i) CHAPTER 5.—
22
(1) IN GENERAL.—Chapter 5 of title 14, United
23
States Code, is amended by redesignating the second
24
section 548 (relating to Marking anchorage grounds
25
by Commandant of the Coast Guard) as section 551.
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1
(2) CLERICAL AMENDMENT.—The analysis for
2
chapter 5 of title 14, United States Code, is amend-
3
ed by inserting after the item relating to section 550
4
the following:
‘‘551. Marking anchorage grounds by Commandant of the Coast Guard.’’.
5
(j) SECTION 807.—Section 807 of the Frank LoBi-
6 ondo Coast Guard Authorization Act of 2018 (14 U.S.C.
7 313 note) is amended by striking ‘‘District 9’’ and insert8 ing ‘‘Great Lakes District’’.
9
(k) SECTION 324.—Section 324 of title 14, United
10 States Code, as so redesignated, by striking ‘‘Seventeenth
11 Coast Guard District’’ and inserting ‘‘Coast Guard Arctic
12 District’’ each place it appears.
13
14
15
DIVISION H—OTHER MATTERS
TITLE LXXXI—FINANCIAL
SERVICES MATTERS
Sec. 8001. Defense Production Act of 1950 extension.
Sec. 8002. Review of and reporting on national security sensitive sites for purposes of reviews of real estate transactions by the Committee
on Foreign Investment in the United States.
Sec. 8003. Disclosures by directors, officers, and principal stockholders.
Sec. 8004. Study and report.
16
SEC. 8101. DEFENSE PRODUCTION ACT OF 1950 EXTENSION.
17
Section 717(a) of the Defense Production Act of
18 1950 (50 U.S.C. 4564(a)) is amended by striking ‘‘Sep19 tember 30, 2025’’ and inserting ‘‘September 30, 2026’’.
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1
SEC. 8102. REVIEW OF AND REPORTING ON NATIONAL SE-
2
CURITY SENSITIVE SITES FOR PURPOSES OF
3
REVIEWS OF REAL ESTATE TRANSACTIONS
4
BY THE COMMITTEE ON FOREIGN INVEST-
5
MENT IN THE UNITED STATES.
6
(a) LIST
OF
NATIONAL SECURITY SENSITIVE
7 SITES.—Section 721(a)(4)(C) of the Defense Production
8 Act of 1950 (50 U.S.C. 4565(a)(4)(C)) is amended by
9 adding at the end the following:
10
‘‘(iii) LIST OF SITES.—
11
‘‘(I) IN GENERAL.—For purposes
12
of subparagraph (B)(ii)(II)(bb), the
13
Committee may prescribe, through
14
regulations, a list of military installa-
15
tions or other facilities or properties
16
of the United States Government that
17
are sensitive for reasons relating to
18
national security. Such list may in-
19
clude certain facilities or properties of
20
the intelligence community and Na-
21
tional Laboratories (as defined in sec-
22
tion 2 of the Energy Policy Act of
23
2005 (42 U.S.C. 15801)).
24
‘‘(II)
PERIODIC
REVIEW
OF
25
LIST.—Not later than one year after
26
the date of the enactment of this
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2716
1
clause, and periodically thereafter,
2
each
3
shall—
member
of
the
Committee
4
‘‘(aa) review the installa-
5
tions, facilities, and properties, if
6
any, included by that member on
7
the list developed under sub-
8
clause (I); and
9
‘‘(bb) submit to the chair-
10
person a report on that review,
11
after approval of the report by
12
the Assistant Secretary or equiv-
13
alent official designated for the
14
agency
15
(k)(4)(A)(i),
16
clude—
17
under
which
‘‘(AA)
subsection
shall
any
in-
rec-
18
ommended updates or revi-
19
sions to the list regarding
20
installations, facilities, and
21
properties administered by
22
the member of the Com-
23
mittee;
24
‘‘(BB)
25
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any
rec-
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2717
1
to what distance, including
2
close proximity or extended
3
range, should apply for pur-
4
poses of real estate de-
5
scribed
6
(B)(ii)(II)(bb); and
in
subparagraph
7
‘‘(CC) a detailed jus-
8
tification and risk assess-
9
ment underlying any rec-
10
ommendations made under
11
subitem (BB).’’.
12
(b) ANNUAL REPORT.—Section 721(m)(2) of the De-
13 fense Production Act of 1950 (50 U.S.C. 4565(m)(2)) is
14 amended by adding at the end the following:
15
‘‘(L) Information on whether the most re-
16
cent list of sites identified under subsection
17
(a)(4)(C)(iii) reflects consideration of any rec-
18
ommended updates and revisions submitted
19
under subclause (II) of that subsection. Upon
20
request from the Committee on Financial Serv-
21
ices of the House of Representatives or the
22
Committee on Banking, Housing, and Urban
23
Affairs of the Senate, the Committee shall pro-
24
vide to that committee a classified briefing re-
25
garding that list.’’.
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1
SEC. 8103. DISCLOSURES BY DIRECTORS, OFFICERS, AND
2
3
PRINCIPAL STOCKHOLDERS.
(a) SHORT TITLE.—This section may be cited as the
4 ‘‘Holding Foreign Insiders Accountable Act’’.
5
(b) DISCLOSURES.—
6
(1) AMENDMENTS.—Section 16(a) of the Secu-
7
rities Exchange Act of 1934 (15 U.S.C. 78p(a)) is
8
amended—
9
(A) in paragraph (1), by inserting ‘‘(in-
10
cluding, solely for the purposes of this sub-
11
section, every person who is a director or an of-
12
ficer of a foreign private issuer, as that term is
13
defined in section 240.3b–4 of title 17, Code of
14
Federal Regulations, or any successor regula-
15
tion)’’ after ‘‘an officer of the issuer of such se-
16
curity’’;
17
(B) in paragraph (2)—
18
(i) in subparagraph (C), by striking
19
the period at the end and inserting ‘‘; or’’;
20
and
21
(ii) by adding at the end the fol-
22
lowing:
23
‘‘(D) with respect to a foreign private
24
issuer, the securities of which are, as of the
25
date of enactment of the Holding Foreign In-
26
siders Accountable Act, registered pursuant to
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1
subsection (b) or (g) of section 12, on the date
2
that is 90 days after that date of enactment.’’;
3
(C) in paragraph (4)(A), by inserting ‘‘and
4
in English’’ after ‘‘electronically’’; and
5
(D) by adding at the end the following:
6
‘‘(5) AUTHORITY TO EXEMPT.—The Commis-
7
sion by rule, regulation, or order, may conditionally
8
or unconditionally exempt any person, security, or
9
transaction, or any class or classes of persons, secu-
10
rities, or transactions, from the requirements of this
11
section if the Commission determines that the laws
12
of a foreign jurisdiction apply substantially similar
13
requirements to such person, security, or trans-
14
action.’’.
15
(2) EFFECTIVE DATE.—The amendments made
16
by paragraph (1) shall take effect on the date that
17
is 90 days after the date of enactment of this Act.
18
(c) EFFECT ON REGULATION.—If any provision of
19 section 240.3a12–3(b) of title 17, Code of Federal Regula20 tions, or any successor regulation, is inconsistent with the
21 amendments made by subsection (b), that provision of
22 such section 240.3a12–3(b) (or such successor) shall have
23 no force or effect beginning on the effective date described
24 in subsection (b)(2).
25
(d) ISSUANCE OR AMENDMENT OF REGULATIONS.—
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1
(1) IN GENERAL.—Not later than 90 days after
2
the date of enactment of this Act, the Securities and
3
Exchange Commission shall issue final regulations
4
(or amend or rescind, in whole or in part, existing
5
regulations of the Commission) to carry out the
6
amendments made by subsection (b).
7
(2) ADDITIONAL RULEMAKING.—The Securities
8
and Exchange Commission may issue such addi-
9
tional regulations (or amend or rescind, in whole or
10
in part, existing regulations of the Commission) as
11
necessary to implement the intent of this section.
12
13
SEC. 8104. STUDY AND REPORT.
Not later than 1 year after the date of the enactment
14 of this Act, the Securities and Exchange Commission
15 shall—
16
17
(1) conduct a study on the transparency and
cooperation regarding—
18
(A) brokers and dealers that are a member
19
of a national securities association and reg-
20
istered with the Securities and Exchange Com-
21
mission that are controlled by or organized
22
under the laws of the People’s Republic of
23
China; and
24
(B) investment advisors registered with the
25
Securities and Exchange Commission and con-
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1
trolled by or organized under the laws of the
2
People’s Republic of China; and
3
(2) submit to Congress a report that includes
4
the results of the study conducted under paragraph
5
(1).
6
TITLE LXXXII—JUDICIARY
MATTERS
7
Sec. 8201.
Authority of Marshal of the Supreme Court and Supreme Court
Police.
Sec. 8202. PROTECT Our Children Act of 2008 reauthorization.
Sec. 8203. Trauma kit standards.
Sec. 8204. Inclusion of certain retired public safety officers in the public safety
officers’ death benefits program.
Sec. 8205. Honoring our fallen heroes.
8
SEC. 8201. AUTHORITY OF MARSHAL OF THE SUPREME
9
COURT AND SUPREME COURT POLICE.
10
Section 6121(a)(2) of title 40, United States Code,
11 is amended by striking subparagraph (C) and inserting
12 the following:
13
14
‘‘(C) if the Marshal determines such protection is necessary—
15
‘‘(i) any retired or former Chief Jus-
16
tice or Associate Justice of the Supreme
17
Court; or
18
‘‘(ii) any member of the immediate
19
family of the Chief Justice, any Associate
20
Justice, any retired or former Chief Jus-
21
tice or Associate Justice, or any officer of
22
the Supreme Court.’’.
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1
SEC. 8202. PROTECT OUR CHILDREN ACT OF 2008 REAU-
2
3
THORIZATION.
(a) ESTABLISHMENT OF NATIONAL STRATEGY FOR
4 CHILD EXPLOITATION PREVENTION
5
AND
INTERDIC-
TION.—Section 101 of the PROTECT Our Children Act
6 of 2008 (34 U.S.C. 21111) is amended—
7
8
(1) in subsection (b), by striking ‘‘every second
year’’ and inserting ‘‘every fourth year’’; and
9
(2) by striking subsection (c) and inserting the
10
following:
11
‘‘(c) REQUIRED CONTENTS OF NATIONAL STRAT-
12
EGY.—The National Strategy established under subsection
13 (a) shall include the following:
14
‘‘(1) An analysis of current trends, challenges,
15
and the overall magnitude of the threat of child ex-
16
ploitation.
17
‘‘(2) An analysis of future trends and chal-
18
lenges, including new technologies, that will impact
19
the efforts to combat child exploitation.
20
21
‘‘(3) Goals and strategic solutions to prevent
and interdict child exploitation, including—
22
‘‘(A) plans for interagency coordination;
23
‘‘(B)
engagement
with
the
judicial
24
branches of the Federal Government and State
25
governments;
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1
‘‘(C) legislative recommendations for com-
2
bating child exploitation;
3
‘‘(D) cooperation with international, State,
4
local, and Tribal law enforcement agencies; and
5
‘‘(E) engagement with the private sector
6
and other entities involved in efforts to combat
7
child exploitation.
8
‘‘(4) An analysis of Federal efforts dedicated to
9
combating child exploitation, including—
10
‘‘(A) a review of the policies and work of
11
the Department of Justice and other Federal
12
programs relating to the prevention and inter-
13
diction of child exploitation crimes, including
14
training programs, and investigative and pros-
15
ecution activity; and
16
‘‘(B) a description of the efforts of the De-
17
partment of Justice to cooperate and coordinate
18
with, and provide technical assistance and sup-
19
port to, international, State, local, and Tribal
20
law enforcement agencies and private sector
21
and nonprofit entities with respect to child ex-
22
ploitation prevention and interdiction efforts.
23
‘‘(5) An estimate of the resources required to
24
effectively respond to child exploitation crimes at
25
scale by—
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1
‘‘(A) each ICAC task force;
2
‘‘(B) the Federal Bureau of Investigation,
3
including investigators, forensic interviewers,
4
and
5
forensics;
analysts
of
victims,
witnesses,
and
6
‘‘(C) Homeland Security Investigations, in-
7
cluding forensic interviewers and analysts of
8
victims, witnesses, and forensics;
9
‘‘(D) the United States Marshals Service;
10
‘‘(E) the United States Secret Service;
11
‘‘(F) the United States Postal Service;
12
‘‘(G) the criminal investigative offices of
13
the Department of Defense; and
14
‘‘(H) any component of an agency de-
15
scribed in this paragraph.
16
‘‘(6) A review of the Internet Crimes Against
17
Children Task Force Program, including—
18
19
20
21
22
23
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‘‘(A) the number of ICAC task forces and
the location of each ICAC task force;
‘‘(B) the number of trained personnel at
each ICAC task force;
‘‘(C) the amount of Federal grants awarded to each ICAC task force; and
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1
‘‘(D) an assessment of the Federal, State,
2
and local cooperation with respect to each ICAC
3
task force, including—
4
‘‘(i) the number of arrests made by
5
each ICAC task force;
6
‘‘(ii) the number of criminal referrals
7
to United States attorneys for prosecution;
8
‘‘(iii) the number of prosecutions and
9
convictions from the referrals described in
10
clause (ii);
11
‘‘(iv) the number, if available, of local
12
prosecutions and convictions based on
13
ICAC task force investigations; and
14
‘‘(v) any other information determined
15
by the Attorney General demonstrating the
16
level of Federal, State, Tribal, and local
17
coordination and cooperation.
18
19
‘‘(7) An assessment of training needs for each
ICAC task force and affiliated agencies.
20
‘‘(8) An assessment of Federal investigative and
21
prosecution activity relating to reported incidents of
22
child exploitation crimes that include a number of
23
factors, including—
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1
‘‘(A) the number of investigations, arrests,
2
prosecutions, and convictions for a crime of
3
child exploitation; and
4
‘‘(B) the average sentence imposed and the
5
statutory maximum sentence that could be im-
6
posed for each crime of child exploitation.
7
‘‘(9) A review of all available statistical data in-
8
dicating the overall magnitude of child pornography
9
trafficking in the United States and internationally,
10
including—
11
‘‘(A) the number of foreign and domestic
12
suspects observed engaging in accessing and
13
sharing child pornography;
14
‘‘(B) the number of tips or other statistical
15
data from the CyberTipline of the National
16
Center for Missing and Exploited Children and
17
other data indicating the magnitude of child
18
pornography trafficking; and
19
‘‘(C) any other statistical data indicating
20
the type, nature, and extent of child exploi-
21
tation crime in the United States and abroad.’’.
22
(b) ESTABLISHMENT
OF
NATIONAL ICAC TASK
23 FORCE PROGRAM.—Section 102 of the PROTECT Our
24 Children Act of 2008 (34 U.S.C. 21112) is amended—
25
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(1) in subsection (a)(1)—
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2727
1
2
(A) by inserting ‘‘, Tribal, military,’’ after
‘‘State’’; and
3
(B) by striking ‘‘and child obscenity and
4
pornography cases’’ and inserting ‘‘child ob-
5
scenity and pornography cases, and the identi-
6
fication of child victims’’;
7
(2) in subsection (b)—
8
(A) in paragraph (2), by striking ‘‘consult
9
with and consider’’ and all that follows through
10
‘‘track record of success.’’ and inserting ‘‘,
11
evaluate the task forces funded under the ICAC
12
Task Force Program to determine if those task
13
forces are operating in an effective manner.’’;
14
(B) in paragraph (3)(B)—
15
(i) by striking ‘‘establish a new task
16
force’’ and inserting ‘‘establish a new or
17
continue an existing task force’’; and
18
(ii) by striking ‘‘state’’ and inserting
19
‘‘State’’; and
20
(C) in paragraph (4)—
21
22
(i) in subparagraph (A), by striking
‘‘may’’ and inserting ‘‘shall’’;
23
(ii) by striking subparagraph (B); and
24
(iii) by redesignating subparagraph
25
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(C) as subparagraph (B); and
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1
(3) by adding at the end the following:
2
‘‘(c) LIMITED LIABILITY FOR ICAC TASK FORCES.—
3
‘‘(1) IN GENERAL.—Except as provided in para-
4
graph (2), a civil claim or criminal charge against an
5
ICAC task force established pursuant to this section
6
and sections 103 and 104, including any law en-
7
forcement agency that participates on such a task
8
force or a director, officer, employee, or agent of
9
such a law enforcement agency, arising from the
10
prioritization decisions with respect to leads related
11
to Internet crimes against children described in sec-
12
tion 104(8), may not be brought in any Federal or
13
State court.
14
‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
15
CONDUCT.—Paragraph (1) shall not apply to a claim
16
if the ICAC task force or law enforcement agency,
17
or a director, officer, employee, or agent of that law
18
enforcement agency—
19
‘‘(A) engaged in intentional misconduct; or
20
‘‘(B) acted, or failed to act—
21
‘‘(i) with actual malice;
22
‘‘(ii) with gross negligence or reckless
23
disregard to a substantial risk of causing
24
physical injury without legal justification;
25
or
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1
‘‘(iii) for a purpose unrelated to the
2
performance of any responsibility or func-
3
tion under section 104(8).
4
5
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing
in
this section shall be construed to—
6
‘‘(A) create any independent basis of liabil-
7
ity on behalf of, or any cause of action
8
against—
9
‘‘(i) an ICAC task force; or
10
‘‘(ii) a law enforcement agency or a
11
director, officer, employee, or agent of the
12
law enforcement agency; or
13
‘‘(B) expand any liability otherwise im-
14
posed, or limit any defense to that liability, oth-
15
erwise available under Federal or State law.’’.
16
(c) PURPOSE OF ICAC TASK FORCES.—Section 103
17 of the PROTECT Our Children Act of 2008 (34 U.S.C.
18 21113) is amended—
19
(1) in paragraph (1), by inserting ‘‘, and the
20
identification of child victims of those crimes’’ before
21
the semicolon at the end;
22
(2) in paragraph (2), by inserting ‘‘and
23
prioritizing investigations that task force personnel,
24
through the background, training and experience of
25
those personnel and the consideration of all relevant
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1
circumstances, determine to be most likely to result
2
in positive case outcomes and in the rescue of chil-
3
dren’’ before the semicolon at the end;
4
(3) in paragraph (3)—
5
(A) by striking ‘‘and local law enforce-
6
ment’’ and inserting ‘‘Tribal, military, and local
7
law enforcement’’; and
8
(B) by inserting ‘‘, including probation and
9
parole agencies, child advocacy centers, and
10
child protective services,’’ after ‘‘enforcement
11
agencies’’;
12
(4) in paragraph (8), by striking ‘‘and’’ at the
13
end;
14
15
(5) in paragraph (9), by striking the period at
the end and inserting ‘‘; and’’; and
16
(6) by adding at the end the following:
17
‘‘(10) educating the judiciary on—
18
19
‘‘(A) the link between intrafamilial contact
offenses and technology-facilitated crimes; and
20
‘‘(B) characteristics of internet offenders,
21
including the interest of online offenders in in-
22
cest-themed material, sadism, and other related
23
paraphilias or illegal activity.’’.
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1
(d) DUTIES AND FUNCTIONS OF TASK FORCES.—
2 Section 104 of the PROTECT Our Children Act of 2008
3 (34 U.S.C. 21114) is amended—
4
(1) in paragraph (3)—
5
(A) by inserting ‘‘reactive and’’ before
6
‘‘proactive’’;
7
(B) by inserting ‘‘conduct digital’’ before
8
‘‘forensic examinations’’; and
9
(C) by inserting ‘‘engage in’’ before ‘‘effec-
10
tive prosecutions’’;
11
(2) by striking paragraph (8) and inserting the
12
following:
13
‘‘(8) investigate, seek prosecution with respect
14
to, and identify child victims from leads relating to
15
Internet
16
CyberTipline reports, with prioritization determined
17
according to circumstances and by each task force,
18
as described in section 102;’’;
crimes
against
children,
including
19
(3) by striking paragraph (9); and
20
(4) by redesignating paragraphs (10) and (11)
21
as paragraphs (9) and (10), respectively.
22
(e) NATIONAL INTERNET CRIMES AGAINST CHIL-
23
DREN
DATA SYSTEM.—Section 105 of the PROTECT
24 Our Children Act of 2008 (34 U.S.C. 21115) is amend25 ed—
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1
2
(1) in subsection (a), by striking ‘‘shall establish’’ and inserting ‘‘may establish’’;
3
(2) in subsection (b), by striking ‘‘continue and
4
build upon Operation Fairplay developed by the Wy-
5
oming Attorney General’s office, which has estab-
6
lished a secure, dynamic undercover infrastructure
7
that has facilitated’’ and inserting ‘‘facilitate’’; and
8
(3) in subsection (g)—
9
(A) by striking paragraph (3);
10
(B)
by
redesignating
paragraphs
(4)
11
through (8) as paragraphs (3) through (7), re-
12
spectively; and
13
(C) in paragraph (7), as so redesignated,
14
by striking ‘‘1 representative’’ and inserting ‘‘2
15
representatives’’.
16
(f) ICAC GRANT PROGRAM.—Section 106 of the
17 PROTECT Our Children Act of 2008 (34 U.S.C. 21116)
18 is amended—
19
20
21
22
23
(1) in subsection (a)—
(A) in paragraph (2)(B)(ii)(II), by striking
‘‘Operation Fairplay,’’; and
(B) in paragraph (3), by striking subparagraph (A) and inserting the following:
24
‘‘(A) IN GENERAL.—Not less than 20 per-
25
cent of the total funds appropriated to carry
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1
out this section shall be distributed to support
2
the ICAC Task Force Program through grants
3
to—
4
‘‘(i) provide training and technical as-
5
sistance to members of the ICAC Task
6
Force Program;
7
‘‘(ii) maintain, enhance, research, and
8
develop tools and technology to assist
9
members of the ICAC Task Force Pro-
10
gram;
11
‘‘(iii) provide other support to the
12
ICAC Task Force Program determined by
13
the Attorney General;
14
‘‘(iv) conduct research;
15
‘‘(v) support the annual National Law
16
Enforcement Training on Child Exploi-
17
tation of the Office of Juvenile Justice and
18
Delinquency Prevention; and
19
20
21
‘‘(vi) provide wellness training.’’; and
(2) in subsection (d)(1)—
(A) in subparagraph (B)—
22
23
(i) in clause (ii), by striking ‘‘and’’ at
the end;
24
(ii) in clause (iii), by striking ‘‘, in-
25
cluding’’ and all that follows through
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1
‘‘such crime under State law.’’ and insert-
2
ing ‘‘; and’’; and
3
(iii) by adding at the end the fol-
4
lowing:
5
‘‘(iv) the number of child victims iden-
6
tified.’’;
7
(B) by striking subparagraph (D); and
8
(C) by redesignating subparagraphs (E)
9
through (G) as subparagraphs (D) through (F),
10
respectively.
11
(g) AUTHORIZATION OF APPROPRIATIONS.—Section
12 107(a) of the PROTECT Our Children Act of 2008 (34
13 U.S.C. 21117(a)) is amended—
14
15
(1) in paragraph (9), by striking ‘‘and’’ at the
end;
16
17
(2) in paragraph (10), by striking the period at
the end and inserting ‘‘; and’’; and
18
(3) by adding at the end the following:
19
‘‘(11) $60,000,000 for each of fiscal years 2026
20
through 2028.’’.
21
(h) ADDITIONAL REGIONAL COMPUTER FORENSIC
22 LABS.—The PROTECT Our Children Act of 2008 (34
23 U.S.C. 21101 et seq.) is amended by striking title II.
24
(i) REPORTING REQUIREMENTS OF PROVIDERS.—
25 Section 2258A(c) of title 18, United States Code, is
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2735
1 amended, in the matter preceding paragraph (1), by in2 serting ‘‘and all supplemental data included in the report’’
3 after ‘‘each report made under subsection (a)(1)’’.
4
5
SEC. 8203. TRAUMA KIT STANDARDS.
Section 521 of title I of the Omnibus Crime Control
6 and Safe Streets Act of 1968 (34 U.S.C. 10202) is amend7 ed by adding at the end the following:
8
‘‘(d) TRAUMA KITS.—
9
‘‘(1) DEFINITION.—In this subsection, the term
10
‘trauma kit’ means a first aid response kit, which in-
11
cludes a bleeding control kit that can be used for
12
controlling a life-threatening hemorrhage.
13
‘‘(2) REQUIREMENT FOR TRAUMA KITS.—
14
‘‘(A) IN GENERAL.—Notwithstanding any
15
other provision of law, a grantee may only pur-
16
chase a trauma kit using funds made available
17
under this part if the trauma kit meets the per-
18
formance standards established by the Director
19
of the Bureau of Justice Assistance under para-
20
graph (3)(A).
21
‘‘(B) AUTHORITY
TO
SEPARATELY
AC-
22
QUIRE.—Nothing
23
prohibit a grantee from separately acquiring the
24
components of a trauma kit and assembling
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in subparagraph (A) shall
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2736
1
complete trauma kits that meet the perform-
2
ance standards.
3
‘‘(3)
PERFORMANCE
STANDARDS
AND
OP-
4
TIONAL AGENCY BEST PRACTICES.—Not later than
5
180 days after the date of enactment of this sub-
6
section, the Director of the Bureau of Justice Assist-
7
ance, in consultation with organizations representing
8
trauma surgeons, emergency medical response pro-
9
fessionals, emergency physicians, other medical pro-
10
fessionals, relevant law enforcement agencies of
11
States and units of local government, professional
12
law enforcement organizations, local law enforcement
13
labor or representative organizations, and law en-
14
forcement trade associations, shall—
15
‘‘(A) develop and publish performance
16
standards for trauma kits that are eligible for
17
purchase using funds made available under this
18
part that, at a minimum, require the compo-
19
nents described in paragraph (4) to be included
20
in a trauma kit; and
21
‘‘(B) develop and publish optional best
22
practices for law enforcement agencies regard-
23
ing—
24
25
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‘‘(i) training law enforcement officers
in the use of trauma kits;
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1
‘‘(ii) the deployment and maintenance
2
of trauma kits in law enforcement vehicles;
3
and
4
‘‘(iii) the deployment, location, and
5
maintenance of trauma kits in law enforce-
6
ment agency or other government facilities.
7
‘‘(4) COMPONENTS.—The components of a
8
trauma kit described in this paragraph are—
9
‘‘(A) a tourniquet recommended by the
10
Committee on Tactical Combat Casualty Care;
11
‘‘(B) a bleeding control bandage;
12
‘‘(C) a pair of nonlatex protective gloves
13
and a pen-type marker;
14
‘‘(D) a pair of blunt-ended scissors;
15
‘‘(E) instructional documents developed—
16
‘‘(i) under the ‘Stop the Bleed’ na-
17
tional awareness campaign of the Depart-
18
ment of Homeland Security, or any suc-
19
cessor thereto;
20
21
‘‘(ii) by the American College of Surgeons Committee on Trauma;
22
‘‘(iii) by the American Red Cross; or
23
‘‘(iv) by any partner of the Depart-
24
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1
‘‘(F) a bag or other container adequately
2
designed to hold the contents of the kit; and
3
‘‘(G) any additional trauma kit supplies
4
that—
5
‘‘(i) are approved by a State, local, or
6
Tribal law enforcement agency or first re-
7
sponders;
8
‘‘(ii) can adequately treat a traumatic
9
injury; and
10
‘‘(iii) can be stored in a readily avail-
11
able kit.’’.
12
SEC. 8204. INCLUSION OF CERTAIN RETIRED PUBLIC SAFE-
13
TY OFFICERS IN THE PUBLIC SAFETY OFFI-
14
CERS’ DEATH BENEFITS PROGRAM.
15
(a) IN GENERAL.—Section 1201 of title I of the Om-
16 nibus Crime Control and Safe Streets Act of 1968 (34
17 U.S.C. 10281) is amended by adding at the end the fol18 lowing:
19
20
‘‘(p) PERSONAL INJURY TO RETIRED LAW ENFORCEMENT OFFICER.—
21
‘‘(1) DEFINITION.—In this subsection, the term
22
‘retired law enforcement officer’ means an individual
23
who separated from service in good standing as a
24
law enforcement officer in an official capacity at a
25
public agency with or without compensation.
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1
‘‘(2) ELIGIBILITY.—A retired law enforcement
2
officer shall be eligible for a benefit under this part
3
if the officer died or became permanently and totally
4
disabled as the direct and proximate result of a per-
5
sonal injury resulting from a targeted attack be-
6
cause of the retired law enforcement officer’s service
7
as a law enforcement officer.’’.
8
(b) RETROACTIVE APPLICABILITY.—
9
(1) IN GENERAL.—Except as provided in para-
10
graph (2), the amendments made by this section
11
shall—
12
(A) take effect on the date of enactment of
13
this Act; and
14
(B) apply to any matter—
15
(i) pending before the Bureau of Jus-
16
tice Assistance or otherwise on the date of
17
enactment of this Act; or
18
(ii) filed (consistent with pre-existing
19
effective dates) or accruing after the date
20
of enactment of this Act.
21
(2) EXCEPTIONS.—The amendment made by
22
this section shall apply to any action taken against
23
a retired law enforcement officer described in section
24
1201(p) of title I of the Omnibus Crime Control and
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Safe Streets Act of 1968 (as added by this Act) on
2
or after January 1, 2012.
3
SEC. 8205. HONORING OUR FALLEN HEROES.
4
(a)
5
ITIES.—
CANCER-RELATED
DEATHS
AND
DISABIL-
6
(1) IN GENERAL.—Section 1201 of title I of the
7
Omnibus Crime Control and Safe Streets Act of
8
1968 (34 U.S.C. 10281), as amended by section
9
8204, is further amended by adding at the end the
10
following:
11
‘‘(q) EXPOSURE-RELATED CANCERS.—
12
13
14
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CARCINOGEN.—The term ‘carcinogen’
means an agent that is—
15
‘‘(i) classified by the International
16
Agency for Research on Cancer under
17
Group 1 or Group 2A; and
18
‘‘(ii) reasonably linked to an exposure-
19
related cancer.
20
‘‘(B)
DIRECTOR.—The
term
21
means the Director of the Bureau.
22
‘‘(C) EXPOSURE-RELATED
‘Director’
CANCER.—As
23
updated from time to time in accordance with
24
paragraph (3), the term ‘exposure-related can-
25
cer’ means—
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1
‘‘(i) bladder cancer;
2
‘‘(ii) brain cancer;
3
‘‘(iii) breast cancer;
4
‘‘(iv) cervical cancer;
5
‘‘(v) colon cancer;
6
‘‘(vi) colorectal cancer;
7
‘‘(vii) esophageal cancer;
8
‘‘(viii) kidney cancer;
9
‘‘(ix) leukemia;
10
‘‘(x) lung cancer;
11
‘‘(xi) malignant melanoma;
12
‘‘(xii) mesothelioma;
13
‘‘(xiii) multiple myeloma;
14
‘‘(xiv) non-Hodgkins lymphoma;
15
‘‘(xv) ovarian cancer;
16
‘‘(xvi) prostate cancer;
17
‘‘(xvii) skin cancer;
18
‘‘(xviii) stomach cancer;
19
‘‘(xix) testicular cancer;
20
‘‘(xx) thyroid cancer;
21
‘‘(xxi) any form of cancer that is con-
22
sidered a WTC-related health condition
23
under section 3312(a) of the Public Health
24
Service Act (42 U.S.C. 300mm–22(a));
25
and
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1
‘‘(xxii) any form of cancer added to
2
this definition pursuant to an update in ac-
3
cordance with paragraph (3).
4
5
‘‘(2) PERSONAL
INJURY SUSTAINED IN THE
LINE OF DUTY.—
6
‘‘(A) IN GENERAL.—Subject to subpara-
7
graph (B), as determined by the Bureau, the
8
exposure of a public safety officer to a car-
9
cinogen shall be presumed to constitute a per-
10
sonal injury within the meaning of subsection
11
(a) or (b) sustained in the line of duty by the
12
officer and directly and proximately resulting in
13
death or permanent and total disability, if—
14
‘‘(i) the exposure occurred while the
15
public safety officer was engaged in line of
16
duty action or activity;
17
‘‘(ii) the public safety officer began
18
serving as a public safety officer not fewer
19
than 5 years before the date of the diag-
20
nosis of the public safety officer with an
21
exposure-related cancer;
22
‘‘(iii) the public safety officer was di-
23
agnosed with the exposure-related cancer
24
not more than 15 years after the public
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1
safety officer’s last date of active service as
2
a public safety officer; and
3
‘‘(iv) the exposure-related cancer di-
4
rectly and proximately results in the death
5
or permanent and total disability of the
6
public safety officer.
7
‘‘(B)
EXCEPTION.—The
presumption
8
under subparagraph (A) shall not apply if com-
9
petent medical evidence establishes that the ex-
10
posure of the public safety officer to the car-
11
cinogen was not a substantial contributing fac-
12
tor in the death or disability of the public safety
13
officer.
14
‘‘(3) ADDITIONAL
15
EXPOSURE-RELATED
CAN-
CERS.—
16
‘‘(A) IN GENERAL.—From time to time
17
but not less frequently than once every 3 years,
18
the Director shall—
19
20
‘‘(i) review the definition of ‘exposurerelated cancer’ under paragraph (1); and
21
‘‘(ii) if appropriate, update the defini-
22
tion, in accordance with this paragraph—
23
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‘‘(I) by rule; or
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2744
1
‘‘(II) by publication in the Fed-
2
eral Register or on the public website
3
of the Bureau.
4
‘‘(B) BASIS FOR UPDATES.—
5
‘‘(i) IN GENERAL.—The Director shall
6
make
7
(A)(ii) in any case in which the Director
8
finds such an update to be appropriate
9
based on competent medical evidence of
10
significant risk to public safety officers of
11
developing the form of exposure-related
12
cancer that is the subject of the update
13
from engagement in their public safety ac-
14
tivities.
15
an
‘‘(ii)
update
under
subparagraph
EVIDENCE.—The
competent
16
medical evidence described in clause (i)
17
may include recommendations, risk assess-
18
ments, and scientific studies by—
19
‘‘(I) the National Institute for
20
Occupational Safety and Health;
21
‘‘(II) the National Toxicology
22
Program;
23
‘‘(III) the National Academies of
24
Sciences, Engineering, and Medicine;
25
or
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1
‘‘(IV) the International Agency
2
3
4
for Research on Cancer.
‘‘(C) PETITIONS TO ADD TO THE LIST OF
EXPOSURE-RELATED CANCERS.—
5
‘‘(i) IN GENERAL.—Any person may
6
petition the Director to add a form of can-
7
cer to the definition of ‘exposure-related
8
cancer’ under paragraph (1).
9
‘‘(ii) CONTENT OF PETITION.—A peti-
10
tion under clause (i) shall provide informa-
11
tion to show that there is sufficient com-
12
petent medical evidence of significant risk
13
to public safety officers of developing the
14
cancer from engagement in their public
15
safety activities.
16
17
‘‘(iii) TIMELY AND SUBSTANTIVE DECISIONS.—
18
‘‘(I) REFERRAL.—Not later than
19
180 days after receipt of a petition
20
satisfying clause (ii), the Director
21
shall refer the petition to appropriate
22
medical experts for review, analysis
23
(including risk assessment and sci-
24
entific study), and recommendation.
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1
‘‘(II) CONSIDERATION.—The Di-
2
rector
3
ommendation under subclause (I) and
4
promptly take appropriate action in
5
connection with the recommendation
6
pursuant to subparagraph (B).
7
‘‘(iv) NOTIFICATION TO CONGRESS.—
8
Not later than 30 days after taking any
9
substantive action in connection with a rec-
10
ommendation under clause (iii)(II), the Di-
11
rector shall notify the Committee on the
12
Judiciary of the Senate and the Committee
13
on the Judiciary of the House of Rep-
14
resentatives of the substantive action.’’.
15
(2) APPLICABILITY.—The amendment made by
16
shall
consider
each
rec-
paragraph (1) shall apply to any claim under—
17
(A) section 1201(a) of title I of the Omni-
18
bus Crime Control and Safe Streets Act of
19
1968 (34 U.S.C. 10281(a)) that is predicated
20
upon the death of a public safety officer on or
21
after January 1, 2020, that is the direct and
22
proximate result of an exposure-related cancer;
23
or
24
(B) section 1201(b) of title I of the Omni-
25
bus Crime Control and Safe Streets Act of
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1
1968 (34 U.S.C. 10281(b)) that is filed on or
2
after January 1, 2020, and predicated upon a
3
disability that is the direct and proximate result
4
of an exposure-related cancer.
5
(3) TIME FOR FILING CLAIM.—Notwithstanding
6
any other provision of law, an individual who desires
7
to file a claim that is predicated upon the amend-
8
ment made by paragraph (1) shall not be precluded
9
from filing such a claim within 3 years of the date
10
of enactment of this Act.
11
(b) CONFIDENTIALITY OF INFORMATION.—
12
(1) IN GENERAL.—Section 812(a) of title I of
13
the Omnibus Crime Control and Safe Streets Act of
14
1968 (34 U.S.C. 10231(a)) is amended—
15
(A) in the first sentence, by striking ‘‘fur-
16
nished under this title by any person and iden-
17
tifiable to any specific private person’’ and in-
18
serting ‘‘furnished under any law to any compo-
19
nent of the Office of Justice Programs, or fur-
20
nished otherwise under this title, by any entity
21
or person, including any information identifi-
22
able to any specific private person,’’; and
23
(B) in the second sentence, by striking
24
‘‘person furnishing such information’’ and in-
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1
serting ‘‘entity or person furnishing such infor-
2
mation or to whom such information pertains’’.
3
(2) EFFECTIVE
4
DATE;
APPLICABILITY.—The
amendments made by paragraph (1) shall—
5
(A) shall take effect for all purposes as if
6
enacted on December 27, 1979; and
7
(B) apply to any matter pending, before
8
the Department of Justice or otherwise, as of
9
the date of enactment of this Act.
10
(c) TECHNICAL AMENDMENTS.—
11
(1) IN GENERAL.—Section 1201(o)(2) of title I
12
of the Omnibus Crime Control and Safe Streets Act
13
of 1968 (34 U.S.C. 10281(o)(2)) is amended—
14
(A) in subparagraph (A), by inserting ‘‘or
15
(b)’’ after ‘‘subsection (a)’’;
16
(B) in subparagraph (B), by inserting ‘‘or
17
(b)’’ after ‘‘subsection (a)’’; and
18
(C) in subparagraph (C), by inserting ‘‘or
19
(b)’’ after ‘‘subsection (a)’’.
20
(2) APPLICABILITY.—The amendments made
21
by paragraph (1) shall apply to any matter pending
22
before the Department of Justice as of the date of
23
enactment of this Act.
24
(d) TECHNICAL AMENDMENTS.—
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1
(1) IN
GENERAL.—Section
3 of the Safe-
2
guarding America’s First Responders Act of 2020
3
(34 U.S.C. 10281 note) is amended by adding at the
4
end the following:
5
‘‘(d) DEFINITION.—In this section, the term ‘line of
6 duty action’ includes any action—
7
‘‘(1) in which a public safety officer engaged at
8
the direction of the agency served by the public safe-
9
ty officer; or
10
11
‘‘(2) the public safety officer is authorized or
obligated to perform.’’.
12
(2) APPLICABILITY.—
13
(A) IN GENERAL.—The amendment made
14
by paragraph (1) shall apply to any claim under
15
section 3 of the Safeguarding America’s First
16
Responders Act of 2020 (34 U.S.C. 10281
17
note)—
18
(i) that is predicated upon the death
19
of a public safety officer on or after Janu-
20
ary 1, 2020; or
21
(ii) that is—
22
(I) predicated upon the disability
23
of a public safety officer; and
24
(II) filed on or after January 1,
25
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1
(B) TIME FOR FILING CLAIM.—Notwith-
2
standing any other provision of law, an indi-
3
vidual who desires to file a claim that is predi-
4
cated upon the amendment made by paragraph
5
(1) shall not be precluded from filing such a
6
claim within 3 years of the date of enactment
7
of this Act.
8
(e) RESCISSION.—Of the unobligated balances avail-
9 able in the Department of Justice Assets Forfeiture Fund
10 (as established under section 524(c) of title 28, United
11 States Code), $255,000,000 is hereby permanently re12 scinded.
TITLE LXXXIII—FOREIGN
AFFAIRS MATTERS
13
14
Subtitle A—Taiwan Non-Discrimination Act of 2025
Sec. 8301. Short title.
Sec. 8302. Findings.
Sec. 8303. Sense of the Congress.
Sec. 8304. Support for Taiwan admission to the IMF.
Sec. 8305. Testimony requirement.
Subtitle B—BUST Fentanyl Act
Sec. 8311. Short title.
Sec. 8312. International Narcotics Control Strategy Report.
Sec. 8313. Study and report on efforts to address fentanyl trafficking from the
people’s republic of china and other relevant countries.
Sec. 8314. Amendments to the Fentanyl Sanctions Act.
Sec. 8315. Prioritization of identification of persons from the People’s Republic
of China.
Sec. 8316. Expansion of sanctions under the Fentanyl Sanctions Act.
Sec. 8317. Imposition of sanctions with respect to agencies or instrumentalities
of foreign states.
Sec. 8318. Annual report on efforts to prevent the smuggling of methamphetamine into the United States from Mexico.
Sec. 8319. Responding to crime and corruption in Haiti.
Sec. 8320. Rule of construction regarding the use of military force.
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Subtitle C—Western Balkans Democracy and Prosperity
Sec. 8331. Short title.
Sec. 8332. Findings.
Sec. 8333. Sense of Congress.
Sec. 8334. Definitions.
Sec. 8335. Sanctions relating to the Western Balkans.
Sec. 8336. Democratic and economic development and prosperity initiatives.
Sec. 8337. Promoting cross-cultural and educational engagement.
Sec. 8338. Young Balkan Leaders Initiative.
Sec. 8339. Supporting cybersecurity and cyber resilience in the Western Balkans.
Sec. 8340. Relations between Kosovo and Serbia.
Sec. 8341. Reports on Russian and Chinese malign influence operations and
campaigns in the Western Balkans.
Subtitle D—Countering Wrongful Detention Act of 2025
Sec. 8351. Short title.
Sec. 8352. Designation of a foreign country as a State Sponsor of Unlawful or
Wrongful Detention.
Sec. 8353. Congressional Report on components related to hostage affairs and
recovery.
Sec. 8354. Rule of construction.
Subtitle E—Other Matters
Sec. 8361. National registry of Korean American divided families.
Sec. 8362. Sense of Congress on Russia’s illegal abduction of Ukrainian children.
Sec. 8363. Supporting the identification and recovery of abducted Ukrainian
children.
Sec. 8364. Fairness in issuance of tactical gear to Diplomatic Security Service
personnel.
Sec. 8365. Strategy for countering transnational criminal organizations in Mexico.
Sec. 8366. International nuclear energy.
Sec. 8367. Strategy to respond to global bases of the People’s Republic of
China.
Sec. 8368. Disposition of weapons and materiel in transit from Iran to the
Houthis in Yemen.
Sec. 8369. Repeal of Caesar Syria Civilian Protection Act of 2019.
Sec. 8370. Repeal of Authorizations for Use of Military Force relating to Iraq.
Subtitle A—Taiwan NonDiscrimination Act of 2025
1
2
3
4
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ‘‘Taiwan Non-Dis-
5 crimination Act of 2025’’.
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1
2
SEC. 8302. FINDINGS.
Congress finds as follows:
3
(1) As enshrined in its Articles of Agreement,
4
the International Monetary Fund (IMF) is devoted
5
to promoting international monetary cooperation, fa-
6
cilitating the expansion and balanced growth of
7
international trade, encouraging exchange stability,
8
and avoiding competitive exchange depreciation.
9
(2) Taiwan is the 21st largest economy in the
10
world and the 10th largest goods trading partner of
11
the United States.
12
(3) Although Taiwan is not an IMF member, it
13
is a member of the World Trade Organization, the
14
Asian Development Bank, and the Asia-Pacific Eco-
15
nomic Cooperation forum.
16
(4) According to the January 2020 Report on
17
Macroeconomic and Foreign Exchange Policies of
18
Major Trading Partners of the United States, pub-
19
lished by the Department of the Treasury, Taiwan
20
held $471,900,000,000 in foreign exchange reserves,
21
more than major economies such as India, South
22
Korea, and Brazil.
23
(5) According to section 4(d) of the Taiwan Re-
24
lations Act (Public Law 96–8), enacted on April 10,
25
1979, ‘‘Nothing in this Act may be construed as a
26
basis for supporting the exclusion or expulsion of
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1
Taiwan from continued membership in any inter-
2
national financial institution or any other inter-
3
national organization.’’.
4
(6) Taiwan held membership in the IMF for 9
5
years following the recognition of the People’s Re-
6
public of China (PRC) by the United Nations, and
7
16 Taiwan staff members at the Fund were allowed
8
to continue their employment after the PRC was
9
seated at the IMF in 1980. As James M. Boughton
10
has noted in his Silent Revolution: The International
11
Monetary Fund 1979–1989, even as the PRC was
12
seated, the United States Executive Director to the
13
IMF, Sam Y. Cross, expressed support on behalf of
14
the United States Government for ‘‘some kind of as-
15
sociation between Taiwan and the Fund’’.
16
(7) On September 27, 1994, in testimony be-
17
fore the Senate Committee on Foreign Relations re-
18
garding the 1994 Taiwan Policy Review, then-As-
19
sistant Secretary of State for East Asian and Pacific
20
Affairs Winston Lord stated: ‘‘Recognizing Taiwan’s
21
important role in transnational issues, we will sup-
22
port its membership in organizations where state-
23
hood is not a prerequisite, and we will support op-
24
portunities for Taiwan’s voice to be heard in organi-
25
zations where its membership is not possible.’’.
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1
(8) The Congress has repeatedly reaffirmed
2
support for this policy, including in Public Laws
3
107–10, 107–158, 108–28, 108–235, 113–17, and
4
114–139, and the unanimous House and Senate
5
passage of the Taiwan Allies International Protec-
6
tion and Enhancement Initiative (TAIPEI) Act of
7
2019.
8
(9) In its fact sheet, entitled ‘‘U.S. Relations
9
with Taiwan’’, published on August 31, 2018, the
10
Department of State asserts: ‘‘The United States
11
supports Taiwan’s membership in international orga-
12
nizations that do not require statehood as a condi-
13
tion of membership and encourages Taiwan’s mean-
14
ingful participation in international organizations
15
where its membership is not possible.’’.
16
(10) According to the Articles of Agreement of
17
the IMF, ‘‘membership shall be open to other coun-
18
tries’’, subject to conditions prescribed by the Board
19
of Governors of the IMF.
20
(11) In the IMF publication ‘‘Membership and
21
Nonmembership in the International Monetary
22
Fund: A Study in International Law and Organiza-
23
tion’’, Joseph Gold, the then-General Counsel and
24
Director of the Legal Department of the IMF, elabo-
25
rated on the differences between the terms ‘‘coun-
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1
tries’’ and ‘‘states’’, noting that ‘‘the word ‘country’
2
may have been adopted because of the absence of
3
agreement on the definition of a ‘state’ ’’ and, with
4
respect to the use of ‘‘countries’’ and applications
5
for IMF membership, ‘‘the absence of any adjective
6
in the Articles emphasizes the breadth of the discre-
7
tion that the Fund may exercise in admitting coun-
8
tries to membership’’. According to Mr. Gold, ‘‘the
9
desire to give the Fund flexibility in dealing with ap-
10
plications may explain not only the absence of any
11
adjective that qualifies ‘countries’ but also the choice
12
of that word itself’’.
13
(12) In his IMF study, Mr. Gold further ob-
14
serves, ‘‘in the practice of the Fund the concepts of
15
independence and sovereignty have been avoided on
16
the whole as a mode of expressing a criterion for
17
membership in the Fund’’. He continues, ‘‘Although
18
the Fund usually takes into account the recognition
19
or nonrecognition of an entity as a state, there are
20
no rules or even informal understandings on the ex-
21
tent to which an applicant must have been recog-
22
nized by members or other international organiza-
23
tions before the Fund will regard it as eligible for
24
membership.’’. In fact, when considering an applica-
25
tion for membership where the status of an appli-
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1
cant may not be resolved, Mr. Gold writes ‘‘there
2
have been occasions on which the Fund has made a
3
finding before decisions had been taken by the
4
United Nations or by most members or by members
5
with a majority of the total voting power.’’ Mr. Gold
6
concludes, ‘‘the Fund makes its own findings on
7
whether an applicant is a ‘country’, and makes them
8
solely for its own purposes.’’.
9
(13) Although not a member state of the
10
United Nations, the Republic of Kosovo is a member
11
of both the IMF and the World Bank, having joined
12
both organizations on June 29, 2009.
13
(14) On October 26, 2021, Secretary of State
14
Antony Blinken issued a statement in support of
15
Taiwan’s ‘‘robust, meaningful participation’’ in the
16
United Nations system, which includes the IMF, the
17
World Bank, and other specialized United Nations
18
agencies. Secretary of State Blinken noted, ‘‘As the
19
international community faces an unprecedented
20
number of complex and global issues, it is critical for
21
all stakeholders to help address these problems. This
22
includes the 24 million people who live in Taiwan.
23
Taiwan’s meaningful participation in the UN system
24
is not a political issue, but a pragmatic one.’’. He
25
continued, ‘‘Taiwan’s exclusion undermines the im-
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1
portant work of the UN and its related bodies, all
2
of which stand to benefit greatly from its contribu-
3
tions.’’.
4
(15) In October 2024, Taiwan announced it
5
would seek IMF membership, with the Taipei Eco-
6
nomic and Cultural Representative Office in the
7
United States stating, ‘‘Taiwan’s membership at the
8
IMF would help boost financial resilience.’’.
9
10
SEC. 8303. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
11
(1) the size, significance, and connectedness of
12
the Taiwanese economy highlight the importance of
13
greater participation by Taiwan in the International
14
Monetary Fund, given the purposes of the Fund ar-
15
ticulated in its Articles of Agreement; and
16
(2) the experience of Taiwan in developing a vi-
17
brant and advanced economy under democratic gov-
18
ernance and the rule of law should inform the work
19
of the international financial institutions, including
20
through increased participation by Taiwan in the in-
21
stitutions.
22
SEC. 8304. SUPPORT FOR TAIWAN ADMISSION TO THE IMF.
23
(a) IN GENERAL.—The United States Governor of
24 the International Monetary Fund (in this section referred
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1 to as the ‘‘Fund’’) shall use the voice and vote of the
2 United States to vigorously support—
3
(1) the admission of Taiwan as a member of
4
the Fund, to the extent that admission is sought by
5
Taiwan;
6
(2) participation by Taiwan in regular surveil-
7
lance activities of the Fund with respect to the eco-
8
nomic and financial policies of Taiwan, consistent
9
with Article IV consultation procedures of the Fund;
10
(3) employment opportunities for Taiwan na-
11
tionals, without regard to any consideration that, in
12
the determination of the United States Governor,
13
does not generally restrict the employment of nation-
14
als of member countries of the Fund; and
15
(4) the ability of Taiwan to receive appropriate
16
technical assistance and training by the Fund.
17
(b) UNITED STATES POLICY.—It is the policy of the
18 United States not to discourage or otherwise deter Taiwan
19 from seeking admission as a member of the Fund.
20
(c) WAIVER.—The Secretary of the Treasury may
21 waive any requirement of subsection (a) for up to 1 year
22 at a time on reporting to Congress that providing the
23 waiver will substantially promote the objective of securing
24 the meaningful participation of Taiwan at each inter25 national financial institution (as defined in section
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1 1701(c)(2) of the International Financial Institutions
2 Act).
3
(d) SUNSET.—This section shall have no force or ef-
4 fect on the earlier of—
5
(1) the date of approval by the Board of Gov-
6
ernors of the Fund for the admission of Taiwan as
7
a member of the Fund; or
8
(2) the date that is 10 years after the date of
9
the enactment of this Act.
10
SEC. 8305. TESTIMONY REQUIREMENT.
11
In each of the next 7 years in which the Secretary
12 of the Treasury is required by section 1705(b) of the
13 International Financial Institutions Act to present testi14 mony, the Secretary shall include in the testimony a de15 scription of the efforts of the United States to support
16 the greatest participation practicable by Taiwan at each
17 international financial institution (as defined in section
18 1701(c)(2) of such Act).
19
20
21
Subtitle B—BUST Fentanyl Act
SEC. 8311. SHORT TITLE.
This subtitle may be cited as the ‘‘Break Up Sus-
22 picious Transactions of Fentanyl Act’’ or the ‘‘BUST
23 Fentanyl Act’’.
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SEC. 8312. INTERNATIONAL NARCOTICS CONTROL STRAT-
2
3
EGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961
4 (22 U.S.C. 2291h(a)) is amended—
5
6
(1) in the matter preceding paragraph (1), by
striking ‘‘March 1’’ and inserting ‘‘June 1’’;
7
(2) in paragraph (7)—
8
(A) in the matter preceding subparagraph
9
(A), by striking ‘‘paragraph (3)(D)’’ and insert-
10
ing ‘‘paragraph (3)(C)’’; and
11
12
(B) by inserting after subparagraph (C)
the following:
13
‘‘(D) Where the information is available,
14
examples of improvements in each country re-
15
lated to the findings described in each of
16
clauses (i) through (viii) of subparagraph (C)
17
including—
18
‘‘(i) actions taken by the country due
19
to the adoption of law and regulations con-
20
sidered essential to prevent narcotics-re-
21
lated money laundering;
22
‘‘(ii) enhanced enforcement actions
23
taken by the country, such as regulatory
24
penalties, criminal prosecutions and convic-
25
tions, and asset seizures and forfeitures;
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‘‘(iii) status changes in financial
2
crime-related evaluations by international
3
standards-setting bodies;
4
‘‘(iv) efforts to enhance the prevention
5
of narcotics-related money laundering; and
6
‘‘(v) if applicable, bilateral, multilat-
7
eral, and regional initiatives that have been
8
undertaken to prevent narcotics-related
9
money laundering.’’; and
10
(3)
in
paragraph
(8)(A)(i),
by
striking
11
‘‘pseudoephedrine’’ and all that follows through
12
‘‘chemicals)’’ and inserting ‘‘chemical precursors
13
used in the production of methamphetamine that
14
significantly affected the United States’’.
15
SEC. 8313. STUDY AND REPORT ON EFFORTS TO ADDRESS
16
FENTANYL TRAFFICKING FROM THE PEO-
17
PLE’S REPUBLIC OF CHINA AND OTHER REL-
18
EVANT COUNTRIES.
19
(a) DEFINITIONS.—In this section:
20
(1)
APPROPRIATE
COMMITTEES
OF
CON-
21
GRESS.—The term ‘‘appropriate committees of Con-
22
gress’’ means—
23
24
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Senate;
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(B) the Committee on Foreign Relations of
2
the Senate;
3
(C) the Committee on Banking, Housing,
4
and Urban Affairs of the Senate;
5
(D) the Committee on the Judiciary of the
6
House of Representatives;
7
(E) the Committee on Foreign Affairs of
8
the House of Representatives; and
9
(F) the Committee on Financial Services
10
of the House of Representatives.
11
(2) DEA.—The term ‘‘DEA’’ means the Drug
12
Enforcement Administration.
13
(3) PRC.—The term ‘‘PRC’’ means the Peo-
14
ple’s Republic of China.
15
(b) STUDY AND REPORT ON ADDRESSING TRAF-
16
FICKING OF FENTANYL AND OTHER SYNTHETIC OPIOIDS
17 FROM THE PRC AND OTHER RELEVANT COUNTRIES.—
18 Not later than 180 days after the date of the enactment
19 of this Act, the Secretary of State and the Attorney Gen20 eral, in consultation with the Secretary of the Treasury,
21 shall jointly submit to the appropriate committees of Con22 gress an unclassified written report, with a classified
23 annex, that includes—
24
(1) a description of United States Government
25
efforts to gain a commitment from the Government
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1
of the PRC to submit unregulated fentanyl precur-
2
sors, such as 4–AP, to controls;
3
(2) a plan for future steps the United States
4
Government will take to urge the Government of the
5
PRC to combat the production and trafficking of il-
6
licit fentanyl and synthetic opioids from the PRC,
7
including the trafficking of precursor chemicals used
8
to produce illicit narcotics in Mexico and in other
9
countries;
10
(3) a detailed description of cooperation by the
11
Government of the PRC to address the role of the
12
PRC financial system and PRC money laundering
13
organizations in the trafficking of fentanyl and syn-
14
thetic opioid precursors;
15
(4) an assessment of the expected impact that
16
the designation of principal corporate officers of
17
PRC financial institutions for facilitating narcotics-
18
related money laundering would have on PRC money
19
laundering organizations;
20
(5) an assessment of whether the Trilateral
21
Fentanyl Committee, which was established by the
22
United States, Canada, and Mexico during the Jan-
23
uary 2023 North American Leaders’ Summit, is im-
24
proving cooperation with law enforcement and finan-
25
cial regulators in Canada and Mexico to combat the
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1
role of PRC financial institutions and PRC money
2
laundering organizations in narcotics trafficking;
3
(6) an assessment of the effectiveness of other
4
United States bilateral and multilateral efforts to
5
strengthen international cooperation to address the
6
PRC’s role in the trafficking of fentanyl and syn-
7
thetic opioid precursors, including through the Glob-
8
al Coalition to Address Synthetic Drug Threats;
9
(7) an update on the status of commitments
10
made by third countries through the Global Coali-
11
tion to Address Synthetic Drug Threats to combat
12
the synthetic opioid crisis and progress towards the
13
implementation of such commitments;
14
(8) a plan for future steps to further strengthen
15
bilateral and multilateral efforts to urge the Govern-
16
ment of the PRC to take additional actions to ad-
17
dress the PRC’s role in the trafficking of fentanyl
18
and synthetic opioid precursors, particularly in co-
19
ordination with countries in East Asia and South-
20
east Asia that have been impacted by such activities;
21
(9) an assessment of how actions the Govern-
22
ment of the PRC has taken since November 15,
23
2023 has shifted relevant supply chains for fentanyl
24
and synthetic opioid precursors, if at all; and
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(10) the items described in paragraphs (1)
2
through (4) pertaining to India, Mexico, and other
3
countries the Secretary of State determines to have
4
a significant role in the production or trafficking of
5
fentanyl and synthetic opioid precursors for pur-
6
poses of this report.
7
(c) ESTABLISHMENT
OF
DEA OFFICES
IN THE
8 PRC.—Not later than 180 days after the date of the en9 actment of this Act, the Secretary of State and the Attor10 ney General shall jointly provide to the appropriate com11 mittees of Congress a classified briefing on—
12
(1) outreach and negotiations undertaken by
13
the United States Government with the Government
14
of the PRC that was aimed at securing the approval
15
of the Government of the PRC to establish United
16
States Drug Enforcement Administration offices in
17
Shanghai and Guangzhou;
18
(2) the role of the Bureau of International Nar-
19
cotics and Law Enforcement Affairs in the PRC;
20
and
21
(3) additional efforts to establish new partner-
22
ships with provincial-level authorities in the PRC to
23
counter the illicit trafficking of fentanyl, fentanyl
24
analogues, and their precursors.
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SEC. 8314. AMENDMENTS TO THE FENTANYL SANCTIONS
2
3
ACT.
Section 7203(5) of the Fentanyl Sanctions Act (21
4 U.S.C. 2302(5)) is amended—
5
(1) by striking ‘‘The term ‘foreign opioid traf-
6
ficker’ means any foreign person’’ and inserting the
7
following: ‘‘The term ‘foreign opioid trafficker’
8
means—
9
‘‘(A) means any foreign person’’;
10
11
(2) by striking the period at the end and inserting ‘‘; and’’; and
12
13
(3) by adding at the end the following:
‘‘(B) may include—
14
‘‘(i) any entity of the People’s Repub-
15
lic of China that the President deter-
16
mines—
17
‘‘(I) produces, manufactures, dis-
18
tributes, sells, or knowingly finances
19
or transports any goods described in
20
clause (i) or (ii) of paragraph (8)(A);
21
and
22
‘‘(II) demonstrates a pattern of
23
failing to take credible steps (includ-
24
ing implementing appropriate know-
25
your-customer procedures or cooper-
26
ating with United States counter-
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1
narcotics efforts) to detect or prevent
2
opioid trafficking; and
3
‘‘(ii) any senior official of the Govern-
4
ment of the People’s Republic of China
5
that—
6
‘‘(I) has significant regulatory or
7
law enforcement responsibilities with
8
respect to the activities of an entity
9
described in clause (i); and
10
‘‘(II) aids and abets opioid traf-
11
ficking.’’.
12
SEC. 8315. PRIORITIZATION OF IDENTIFICATION OF PER-
13
SONS FROM THE PEOPLE’S REPUBLIC OF
14
CHINA.
15
Section 7211 of the Fentanyl Sanctions Act (21
16 U.S.C. 2311) is amended—
17
18
(1) in subsection (a)—
(A) in paragraph (1)—
19
20
(i) in subparagraph (B), by striking
‘‘and’’ at the end;
21
(ii) in subparagraph (C), by striking
22
the period at the end and inserting ‘‘;
23
and’’; and
24
25
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(iii) by adding at the end the following:
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1
‘‘(D) assessing whether any senior official
2
of any anti-narcotics, regulatory, law enforce-
3
ment, intelligence, or customs body of the Peo-
4
ple’s Republic of China—
5
‘‘(i) has directly or indirectly taken
6
actions that have facilitated or advanced
7
foreign opioid trafficking; and
8
‘‘(ii) should be identified as a foreign
9
opioid trafficker.’’;
10
(B) by redesignating paragraphs (3) and
11
(4) as paragraphs (4) and (5), respectively; and
12
(C) by inserting after paragraph (2) the
13
following:
14
‘‘(3) PRIORITIZATION.—
15
‘‘(A) DEFINED TERM.—In this paragraph,
16
the term ‘person of the People’s Republic of
17
China’ means—
18
‘‘(i) an individual who is a citizen or
19
national of the People’s Republic of China;
20
or
21
‘‘(ii) an entity organized under the
22
laws of the People’s Republic of China or
23
otherwise subject to the jurisdiction of the
24
Government of the People’s Republic of
25
China.
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1
‘‘(B) IN GENERAL.—In preparing the re-
2
port required under paragraph (1), the Presi-
3
dent shall direct the Secretary of the Treasury
4
to prioritize, to the greatest extent practicable,
5
the identification of persons of the People’s Re-
6
public of China involved in the shipment of
7
fentanyl, fentanyl analogues, fentanyl precur-
8
sors, precursors for fentanyl analogues, pre-pre-
9
cursors for fentanyl and fentanyl analogues,
10
and equipment for the manufacturing of
11
fentanyl and fentanyl-laced counterfeit pills to
12
Mexico or any other country that is involved in
13
the production of fentanyl trafficked into the
14
United States, including—
15
16
‘‘(i) any entity involved in the production of pharmaceuticals; and
17
‘‘(ii) any person that is acting on be-
18
half of any such entity.
19
‘‘(C) TERMINATION OF PRIORITIZATION.—
20
The President shall continue the prioritization
21
required under subparagraph (B) until the
22
President certifies to the appropriate congres-
23
sional committees that the People’s Republic of
24
China is no longer the primary source for the
25
shipment
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of
fentanyl,
fentanyl
analogues,
G:\CMTE\AS\26\C\RCP.XML
2770
1
fentanyl precursors, precursors for fentanyl
2
analogues, pre-precursors for fentanyl and
3
fentanyl analogues, and equipment for the man-
4
ufacturing of fentanyl and fentanyl-laced coun-
5
terfeit pills to Mexico or any other country that
6
is involved in the production of fentanyl traf-
7
ficked into the United States.’’; and
8
(2) in subsection (c), by striking ‘‘the date that
9
is 5 years after such date of enactment’’ and insert-
10
ing ‘‘December 31, 2030’’.
11
SEC.
8316.
12
13
EXPANSION
OF
SANCTIONS
UNDER
THE
FENTANYL SANCTIONS ACT.
Section 7212 of the Fentanyl Sanctions Act (21
14 U.S.C. 2312) is amended—
15
16
(1) in paragraph (1), by striking ‘‘or’’ at the
end;
17
18
(2) in paragraph (2), by striking the period at
the end and inserting a semicolon; and
19
(3) by adding at the end the following:
20
‘‘(3) the President determines has knowingly
21
engaged in, on or after the date of the enactment of
22
the BUST Fentanyl Act, a pattern of significant ac-
23
tivity that has materially contributed to opioid traf-
24
ficking; or
25
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‘‘(4) the President determines—
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1
‘‘(A) has knowingly engaged in a pattern
2
of providing significant financial, material, or
3
technological support for, including through the
4
provision of goods or services in support of, any
5
activity or transaction described in paragraph
6
(3); or
7
‘‘(B) is owned, controlled, or directed by
8
any foreign person described in subparagraph
9
(A) or in paragraph (3), or has knowingly acted
10
or purported to act for or on behalf of, directly
11
or indirectly, such a foreign person.’’.
12
SEC. 8317. IMPOSITION OF SANCTIONS WITH RESPECT TO
13
AGENCIES OR INSTRUMENTALITIES OF FOR-
14
EIGN STATES.
15
(a) DEFINITIONS.—In this section, the terms ‘‘know-
16 ingly’’ and ‘‘opioid trafficking’’ have the meanings given
17 such terms in section 7203 of the Fentanyl Sanctions Act
18 (21 U.S.C. 2302).
19
(b) IN GENERAL.—The President may—
20
(1) impose one or more of the sanctions de-
21
scribed in section 7213 of the Fentanyl Sanctions
22
Act (21 U.S.C. 2313) with respect to any political
23
subdivision, agency, or instrumentality of a foreign
24
government that the President determines has know-
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1
ingly, on or after the date of the enactment of this
2
Act—
3
(A) engaged in a significant activity that
4
has materially contributed to opioid trafficking;
5
or
6
(B) provided financial, material, or techno-
7
logical support for (including through the provi-
8
sion of goods or services in support of) any sig-
9
nificant activity described in subclause (A); and
10
(2) impose one or more of the sanctions de-
11
scribed in section 7213(a)(6) of the Fentanyl Sanc-
12
tions Act (21 U.S.C. 2313(a)(6)) with respect to any
13
senior official of a political subdivision, agency, or
14
instrumentality of a foreign government that the
15
President determines has knowingly, on or after the
16
date of the enactment of this Act engaged in a sig-
17
nificant activity described in paragraph (1).
18
(c) SUNSET.—The provisions of this section shall
19 have no force or effect beginning on the date that is 5
20 years after the date of the enactment of this Act.
21
SEC. 8318. ANNUAL REPORT ON EFFORTS TO PREVENT THE
22
SMUGGLING OF METHAMPHETAMINE INTO
23
THE UNITED STATES FROM MEXICO.
24
Section 723(c) of the Combat Methamphetamine Epi-
25 demic Act of 2005 (title VII of Public Law 109–177; 22
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2773
1 U.S.C. 2291 note) is amended by striking the period at
2 the end and inserting the following: ‘‘Which shall—
3
‘‘(1) identify the significant source countries for
4
methamphetamine
5
United States; and
that
significantly
affect
the
6
‘‘(2) describe the actions by the governments of
7
the countries identified pursuant to paragraph (1) to
8
combat the diversion of relevant precursor chemicals
9
and the production and trafficking of methamphet-
10
amine.’’.
11
SEC. 8319. RESPONDING TO CRIME AND CORRUPTION IN
12
13
HAITI.
(a) DEFINITIONS.—In this section:
14
(1) APPROPRIATE
15
TEES.—The
16
mittees’’ means—
17
18
19
20
21
22
23
24
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CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
(A) the Committee on Foreign Relations of
the Senate;
(B) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
(C) the Committee on the Judiciary of the
Senate;
(D) the Committee on Foreign Affairs of
the House of Representatives;
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2774
1
(E) the Committee on Financial Services
2
of the House of Representatives; and
3
(F) the Committee on the Judiciary of the
4
House of Representatives.
5
(2) ECONOMIC
ELITE.—The
term ‘‘economic
6
elite’’ means any board member, officer, or executive
7
of any group, committee, corporation, or other entity
8
that exerts substantial influence or control over Hai-
9
ti’s economy, infrastructure, or particular industries.
10
(3) FOREIGN PERSON.—The term ‘‘foreign per-
11
son’’ means an individual or entity that is not a
12
United States person.
13
(4) GOOD.—The term ‘‘good’’ means any arti-
14
cle, natural or man-made substance, material, supply
15
or manufactured product, including inspection and
16
test equipment, and excluding technical data.
17
(5) POLITICAL
ELITE.—The
term ‘‘political
18
elite’’ means any current and former government of-
19
ficial of Haiti, high level staff of any such official,
20
any Haitian political party leader, and any Haitian
21
political committee leader.
22
23
(6)
UNITED
STATES
PERSON.—The
‘‘United States person’’ means—
24
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December 7, 2025 (12:02 p.m.)
(A) a United States citizen;
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term
G:\CMTE\AS\26\C\RCP.XML
2775
1
(B) an alien who has been granted perma-
2
nent residence in the United States; or
3
(C) an entity organized under the laws of
4
the United States or of any jurisdiction within
5
the United States, including a foreign branch of
6
such an entity.
7
(b) ANNUAL REPORT.—
8
(1) IN GENERAL.—Not later than 180 days
9
after the date of the enactment of this Act, and an-
10
nually thereafter for the following 5 years, the Sec-
11
retary of State, in coordination with the heads of
12
other Federal agencies, as appropriate, shall submit
13
a report to the appropriate congressional committees
14
regarding the ties between criminal gangs and polit-
15
ical and economic elites in Haiti.
16
17
(2) CONTENTS.—Each report submitted pursuant to paragraph (1) shall—
18
(A) identify and list prominent criminal
19
gangs in Haiti and their leaders, describe their
20
criminal activities, including coercive recruit-
21
ment, and identify their primary geographic
22
areas of operations;
23
(B) list Haitian political and economic
24
elites who knowingly have direct and significant
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2776
1
links to criminal gangs and any organizations
2
or entities controlled by such individuals;
3
(C) describe in detail the relationship be-
4
tween the individuals identified pursuant to
5
subparagraph (B) and the criminal gangs iden-
6
tified pursuant to subparagraph (A);
7
(D) describe in detail how political and
8
economic elites use their relationships with
9
criminal gangs to advance their political and
10
economic interests and agendas;
11
(E) include a list of each criminal organi-
12
zation assessed to be trafficking Haitians and
13
other individuals to the United States border;
14
(F) include an assessment of ties between
15
political and economic elites, criminal gangs in
16
Haiti, and transnational criminal organizations;
17
(G) include an assessment of how the na-
18
ture and extent of collusion between political
19
elites, economic elites, and criminal gangs
20
threatens the Haitian people and United States
21
national interests and activities in Haiti;
22
(H) include an assessment of how connec-
23
tions between political and economic elites and
24
criminal gangs facilitate illicit firearms traf-
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2777
1
ficking from the United States that fuels vio-
2
lence and instability in Haiti; and
3
(I) include an assessment of potential ac-
4
tions that the Government of the United States
5
could take to address the ties referred to in
6
subparagraph (F).
7
(3) FORM OF REPORT.—The report required
8
under paragraph (1) shall be submitted in unclassi-
9
fied form, but may include a classified annex.
10
(c) SANCTIONS.—
11
(1) IN GENERAL.—Not later than 90 days after
12
the submission of the each report required under
13
subsection (b) to the appropriate congressional com-
14
mittees, the President—
15
(A) shall impose the sanctions described in
16
subparagraph (A) and (B) of paragraph (2)
17
with respect to any foreign person who—
18
19
(i) is identified pursuant to subparagraph (A) of subsection (b)(2); or
20
(ii) is identified pursuant to subpara-
21
graph (B) of subsection (b)(2) and meets
22
the definition of political elite under sub-
23
section (a)(5);
24
(B) shall impose all of the sanctions de-
25
scribed in paragraph (2)(B) with respect to any
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2778
1
foreign person who is identified pursuant to
2
subparagraph (B) of subsection (b)(2) and
3
meets the definition of economic elite under
4
subsection (a)(2); and
5
(C) may impose all of the sanctions de-
6
scribed in paragraph (3) with respect to any
7
foreign person who is identified pursuant to
8
subparagraph (B) of subsection (b)(2) and
9
meets the definition of economic elite under
10
subsection (a)(2).
11
(2) SANCTIONS DESCRIBED.—The sanctions de-
12
scribed in this subsection are the following:
13
(A)
PROPERTY
BLOCKING.—Notwith-
14
standing the requirements under section 202 of
15
the International Emergency Economic Powers
16
Act (50 U.S.C. 1701), the President may exer-
17
cise all of the powers granted to the President
18
by such Act to the extent necessary to block
19
and prohibit all transactions in all property and
20
interests in property of the foreign person if
21
such property and interests in property—
22
(i) are in the United States;
23
(ii) come within the United States; or
24
(iii) are or come within the possession
25
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2779
1
2
(B) INELIGIBILITY FOR VISAS, ADMISSION,
OR PAROLE.—
3
4
(i) VISAS, ADMISSION, OR PAROLE.—
An alien described in paragraph (1) is—
5
(I) inadmissible to the United
6
States;
7
(II) ineligible for a visa or other
8
documentation to enter the United
9
States; and
10
(III) otherwise ineligible to be
11
admitted or paroled into the United
12
States or to receive any other benefit
13
under the Immigration and Nation-
14
ality Act (8 U.S.C. 1101 et seq.).
15
(ii) CURRENT VISAS REVOKED.—
16
(I) IN GENERAL.—An alien de-
17
scribed in paragraph (1) is subject to
18
revocation of any visa or other entry
19
document issued to such alien regard-
20
less of the date on which such visa or
21
other entry document was issued.
22
(II) IMMEDIATE EFFECT.—A rev-
23
ocation under subclause (I) shall take
24
effect immediately and shall automati-
25
cally cancel any other valid visa or
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December 7, 2025 (12:02 p.m.)
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2780
1
entry document that is in the alien’s
2
possession.
3
(3)
PROHIBITIONS
ON
FINANCIAL
TRANS-
4
ACTIONS.—Notwithstanding the requirements under
5
section 202 of the International Emergency Eco-
6
nomic Powers Act (50 U.S.C. 1701), the President
7
may exercise of all powers granted to the President
8
by such Act to the extent necessary—
9
(A) to prohibit any United States financial
10
institution from making loans or providing
11
credit to the foreign person; or
12
(B) prohibit any transactions in foreign ex-
13
change that are subject to the jurisdiction of
14
the United States and in which the foreign per-
15
son has any interest.
16
(4) EXCEPTIONS.—
17
(A) EXCEPTION TO COMPLY WITH INTER-
18
NATIONAL OBLIGATIONS.—Sanctions under this
19
subsection shall not apply with respect to the
20
admission of an alien if admitting or paroling
21
the alien into the United States is necessary to
22
permit the United States to comply with the
23
Agreement regarding the Headquarters of the
24
United Nations, signed at Lake Success June
25
26, 1947, and entered into force November 21,
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December 7, 2025 (12:02 p.m.)
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2781
1
1947, between the United Nations and the
2
United States, or other applicable international
3
obligations.
4
(B) EXCEPTION RELATING TO THE PROVI-
5
SION OF HUMANITARIAN ASSISTANCE.—Sanc-
6
tions under this subsection may not be imposed
7
with respect to transactions or the facilitation
8
of transactions for—
9
(i) the sale of agricultural commod-
10
ities, food, medicine, or medical devices to
11
Haiti;
12
13
(ii) the provision of humanitarian assistance to the people of Haiti;
14
(iii) financial transactions relating to
15
humanitarian assistance or for humani-
16
tarian purposes in Haiti; or
17
(iv) transporting goods or services
18
that are necessary to carry out operations
19
relating to humanitarian assistance or hu-
20
manitarian purposes in Haiti.
21
(5) LICENSING.—
22
(A) IN GENERAL.—For any sanctions im-
23
posed on a political elite pursuant to this sub-
24
section, the Secretary of the Treasury shall
25
issue such general licenses and public guidance
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1
as may be necessary to clarify that such sanc-
2
tions do not apply to the following—
3
(i) any agency or instrumentality of
4
the Government of Haiti with which the
5
sanctioned person is officially associated;
6
and
7
(ii) any person the sanctioned person
8
owns or controls that contributes to mean-
9
ingful economic activity in Haiti, unless
10
the person is itself designated based on its
11
behavior.
12
(B)
LIMITING
ADVERSE
IMPACTS
ON
13
HAITI.—For any sanctions imposed pursuant to
14
paragraph (1), the Secretary of the Treasury
15
shall issue such general licenses and public
16
guidance as may be necessary to limit adverse
17
impacts to employment, legitimate economic ac-
18
tivity, and humanitarian conditions in Haiti.
19
(6) IMPLEMENTATION; PENALTIES.—
20
(A)
IMPLEMENTATION.—The
President
21
may exercise all of the authorities provided to
22
the President under sections 203 and 205 of
23
the International Emergency Economic Powers
24
Act (50 U.S.C. 1702 and 1704) to carry out
25
this section.
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1
(B)
PENALTIES.—The
penalties
under
2
subsections (b) and (c) of section 206 of the
3
International Emergency Economic Powers Act
4
(50 U.S.C. 1705) shall apply to any person that
5
violates, attempts to violate, conspires to vio-
6
late, or causes a violation of regulations pro-
7
mulgated to carry out this subsection to the
8
same extent that such penalties apply to a per-
9
son that commits an unlawful act described in
10
section 206(a) of such Act.
11
(7) WAIVER.—The President may waive the ap-
12
plication of sanctions or restrictions imposed with
13
respect to a foreign person under this subsection if
14
the President certifies to the appropriate congres-
15
sional committees not later than 15 days before such
16
waiver is scheduled to take effect, that the waiver is
17
vital to the national interests of the United States.
18
(8) EXCEPTION RELATING TO IMPORTATION OF
19
GOODS.—The
20
pose sanctions under this subsection shall not in-
21
clude the authority or requirement to impose sanc-
22
tions on the importation of goods.
23
(d) SUNSET.—The provisions of this section shall
authorities and requirements to im-
24 cease to have any force or effect beginning on the date
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2784
1 that is 5 years after the date of the enactment of this
2 Act.
3
SEC. 8320. RULE OF CONSTRUCTION REGARDING THE USE
4
5
OF MILITARY FORCE.
Nothing in this subtitle, or the amendments made by
6 this subtitle, may be construed as authorizing the use of
7 military force.
Subtitle C—Western Balkans
Democracy and Prosperity
8
9
10
11
SEC. 8331. SHORT TITLE.
This subtitle may be cited as the ‘‘Western Balkans
12 Democracy and Prosperity Act’’.
13
14
SEC. 8332. FINDINGS.
Congress finds the following:
15
(1) The Western Balkans countries (the Repub-
16
lic of Albania, Bosnia and Herzegovina, the Republic
17
of Kosovo, Montenegro, the Republic of North Mac-
18
edonia and the Republic of Serbia) form a plural-
19
istic, multi-ethnic region in the heart of Europe that
20
is critical to the peace, stability, and prosperity of
21
that continent.
22
(2) Continued peace, stability, and prosperity in
23
the Western Balkans is directly tied to the opportu-
24
nities for democratic and economic advancement
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1
available to the citizens and residents of those six
2
countries.
3
(3) It is in the mutual interest of the United
4
States and the countries of the Western Balkans to
5
promote stable and sustainable economic growth and
6
development in the region.
7
(4) The reforms and integration with the Euro-
8
pean Union pursued by countries in the Western
9
Balkans have led to significant democratic and eco-
10
nomic progress in the region.
11
(5) Despite economic progress, rates of poverty
12
and unemployment in the Western Balkans remain
13
higher than in neighboring European Union coun-
14
tries.
15
(6) Out-migration, particularly of youth, is af-
16
fecting demographics in each Western Balkans coun-
17
try, resulting in population decline in all six coun-
18
tries.
19
(7) Implementing critical economic and govern-
20
ance reforms could help enable investment and em-
21
ployment opportunities in the Western Balkans, es-
22
pecially for youth, and can provide powerful tools for
23
economic development and for encouraging broader
24
participation in a political process that increases
25
prosperity for all.
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1
(8) Existing regional economic efforts, such as
2
the Common Regional Market, the Berlin Process,
3
and the Open Balkan Initiative, could have the po-
4
tential to improve the economic conditions in the
5
Western Balkans, while promoting inclusion and
6
transparency.
7
(9) The Department of Commerce, through its
8
Foreign Commercial Service, plays an important role
9
in promoting and facilitating opportunities for
10
United States investment.
11
(10) Corruption, including among key political
12
leaders, continues to plague the Western Balkans
13
and represents one of the greatest impediments to
14
further economic and political development in the re-
15
gion.
16
(11) Disinformation campaigns targeting the
17
Western Balkans undermine the credibility of its
18
democratic institutions, including the integrity of its
19
elections.
20
(12) Vulnerability to cyberattacks or attacks on
21
information and communication technology infra-
22
structure increases risks to the functioning of gov-
23
ernment and the delivery of public services.
24
(13) United States Cyber Command, the De-
25
partment of State, and other Federal agencies play
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2787
1
a critical role in defending the national security in-
2
terests of the United States, including by deploying
3
cyber hunt forward teams at the request of partner
4
nations to reinforce their cyber defenses.
5
(14) Securing domestic and international cyber
6
networks and ICT infrastructure is a national secu-
7
rity priority for the United States, which is exempli-
8
fied by offices and programs across the Federal Gov-
9
ernment that support cybersecurity.
10
(15) Corruption and disinformation proliferate
11
in political environments marked by autocratic con-
12
trol or partisan conflict.
13
(16) Dependence on Russian sources of fossil
14
fuels and natural gas for the countries of the West-
15
ern Balkans ties their economies and politics to the
16
Russian Federation and inhibits their aspirations for
17
European integration.
18
(17) Reducing the reliance of the Western Bal-
19
kans on Russian natural gas supplies and fossil fuels
20
is in the national interest of the United States.
21
(18) The growing influence of China in the
22
Western Balkans could also have a deleterious im-
23
pact on strategic competition, democracy, and eco-
24
nomic integration with Europe.
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1
(19) In March 2022, President Biden launched
2
the European Democratic Resilience Initiative to
3
bolster democratic resilience, advance anti-corruption
4
efforts, and defend human rights in Ukraine and its
5
neighbors in response to Russia’s war of aggression.
6
(20) The parliamentary and local elections held
7
in Serbia on December 17, 2023, and their imme-
8
diate aftermath are cause for deep concern about the
9
state of Serbia’s democracy, including due to the
10
final report of the Organization for Security and Co-
11
operation in Europe’s Office for Democratic Institu-
12
tions and Human Rights, which—
13
(A) found ‘‘unjust conditions’’ for the elec-
14
tion;
15
(B) found ‘‘numerous procedural defi-
16
ciencies, including inconsistent application of
17
safeguards during voting and counting, fre-
18
quent instances of overcrowding, breaches in se-
19
crecy of the vote, and numerous instances of
20
group voting’’; and
21
(C) asserted that ‘‘voting must be re-
22
peated’’ in certain polling stations.
23
(21) The Organization for Security and Co-op-
24
eration in Europe also noted that Serbian officials
25
accused primarily peaceful protestors, opposition
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1
parties, and civil society of ‘‘attempting to desta-
2
bilize the government’’, a concerning allegation that
3
threatens the safety of important elements of Ser-
4
bian society.
5
(22) Democratic countries whose values are in
6
alignment with the United States make for stronger
7
and more durable partnerships.
8
9
SEC. 8333. SENSE OF CONGRESS.
It is a sense of Congress that the United States
10 should—
11
(1) encourage increased business links and in-
12
vestment between the United States and allies and
13
partners;
14
15
(2) support regional integration efforts in the
Western Balkans;
16
(3) strengthen and expand regional economic
17
integration in the Western Balkans, with consider-
18
ation for enterprises owned by and employing women
19
and youth;
20
(4) work with allies and partners committed to
21
improving the rule of law, energy resource diver-
22
sification, democratic and economic reform, and the
23
reduction of poverty in the Western Balkans;
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1
(5) increase United States business links and
2
investment with the Western Balkans, particularly in
3
ways that support countries’ efforts—
4
(A) to decrease dependence on Russian en-
5
ergy sources and fossil fuels;
6
(B) to increase energy diversification, effi-
7
ciency, and conservation; and
8
(C) to facilitate the transition to cleaner
9
and more reliable sources of energy, including
10
renewables, as appropriate;
11
(6) continue to assist in the development, with-
12
in the Western Balkans, of—
13
(A) strong civil societies;
14
(B) public-private partnerships;
15
(C) independent media;
16
(D) transparent, accountable, citizen-re-
17
sponsive governance that ensure equal represen-
18
tation of all ethnic groups and respect for reli-
19
gious freedom;
20
(E) political stability; and
21
(F) modern, free-market based economies.
22
(7) support the accession of those Western Bal-
23
kans countries that are not already members to the
24
European Union and to the North Atlantic Treaty
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1
Organization
2
‘‘NATO’’) for countries that—
(referred
to
in
this
section
as
3
(A) desire membership;
4
(B) are eligible for membership,
5
(C) are supported by all allies to proceed
6
with an invitation for such membership; and
7
(D) are in a position to further the prin-
8
ciples of the North Atlantic Treaty and mean-
9
ingfully contribute to the collective security of
10
NATO;
11
(8) support—
12
(A) maintaining the full European Union
13
Force (EUFOR) mandate in Bosnia and
14
Herzegovina as being in the national security
15
interests of the United States; and
16
(B) encouraging NATO and the European
17
Union to review their mission mandates and
18
posture in Bosnia and Herzegovina to ensure
19
they are playing a proactive role in establishing
20
a safe and secure environment, particularly in
21
the realm of defense;
22
(9) acknowledge the European Union member-
23
ship
24
Herzegovina, Kosovo, North Macedonia, Monte-
g:\VHLC\120725\120725.005.xml
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aspirations
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of
Albania,
Bosnia
and
G:\CMTE\AS\26\C\RCP.XML
2792
1
negro, and Serbia and support those countries to
2
meet the benchmarks required for their accession;
3
(10) continue to support the cultural heritage,
4
and recognize the languages, of the Western Bal-
5
kans;
6
(11) coordinate closely with the European
7
Union, the United Kingdom, and other allies and
8
partners on sanctions designations in Western Bal-
9
kans countries and work to align efforts as much as
10
possible to demonstrate a clear commitment to up-
11
holding democratic values;
12
(12) expand bilateral security cooperation with
13
non-NATO member Western Balkans countries, par-
14
ticularly efforts focused on regional integration and
15
cooperation, including through the Adriatic Charter,
16
which was launched at Tirana on May 2, 2003;
17
(13) increase efforts to combat Russian malign
18
influence campaigns and any other destabilizing or
19
disruptive activities targeting the Western Balkans
20
through engagement with government institutions,
21
political stakeholders, journalists, civil society orga-
22
nizations, and industry leaders;
23
(14) develop a series of cyber resilience stand-
24
ards, consistent with the Enhanced Cyber Defence
25
Policy and Readiness Action Plan endorsed at the
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1
2014 Wales Summit of the North Atlantic Treaty
2
Organization to expand cooperation with partners
3
and allies, including in the Western Balkans, on
4
cyber security, hybrid warfare, and ICT infrastruc-
5
ture;
6
(15) articulate clearly and unambiguously the
7
United States commitment to supporting democratic
8
values and respect for international law as the sole
9
path forward for the countries of the Western Bal-
10
kans;
11
(16) prioritize partnerships and programming
12
with Western Balkan countries that demonstrate
13
commitment toward strengthening their democracies
14
and show respect for human rights;
15
(17) encourage—
16
(A) the development and expansion of the
17
respective defense industrial bases of NATO Al-
18
lies and security partners in the Western Bal-
19
kan countries; and
20
(B) increased national defense spending in
21
accordance with the NATO Hague Summit
22
Declaration agreed to by all NATO Allies in
23
June 2025;
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2794
1
(18) support the implementation of the Export
2
Control and Related Border Security programs in
3
the Western Balkans; and
4
(19) work with allies and partners to strength-
5
en law enforcement and investigative capacities in
6
Western Balkan countries to disrupt transnational
7
criminal organizations and corruption.
8
SEC. 8334. DEFINITIONS.
9
In this subtitle:
10
(1)
APPROPRIATE
COMMITTEES
OF
CON-
11
GRESS.—The term ‘‘appropriate committees of Con-
12
gress’’ means—
13
14
15
16
17
18
19
20
21
22
23
24
g:\VHLC\120725\120725.005.xml
December 7, 2025 (12:02 p.m.)
(A) the Committee on Foreign Relations of
the Senate;
(B) the Committee on Appropriations of
the Senate;
(C) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
(D) the Committee on Foreign Affairs of
the House of Representatives;
(E) the Committee on Appropriations of
the House of Representatives; and
(F) the Committee on Financial Services
of the House of Representatives.
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2795
1
2
(2) ICT.—The term ‘‘ICT’’ means information
and communication technology.
3
(3) WESTERN BALKANS.—The term ‘‘Western
4
Balkans’’ means the region comprised of the fol-
5
lowing countries:
6
(A) The Republic of Albania.
7
(B) Bosnia and Herzegovina.
8
(C) The Republic of Kosovo.
9
(D) Montenegro.
10
(E) The Republic of North Macedonia.
11
(F) The Republic of Serbia.
12
(4) WESTERN BALKANS COUNTRY.—The term
13
‘‘Western Balkans country’’ means any country list-
14
ed in subparagraphs (A) through (F) of paragraph
15
(3).
16
SEC. 8335. SANCTIONS RELATING TO THE WESTERN BAL-
17
18
KANS.
(a) IN GENERAL.—Not later than 90 days after the
19 date of enactment of this Act, the President shall impose
20 the sanctions described in subsection (c) with respect to
21 each foreign person that the President determines, on or
22 after the date of the enactment of this Act, engages in
23 an activity described in subsection (b).
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1
(b) ACTIVITIES DESCRIBED.—A foreign person en-
2 gages in an activity described in this subsection if the for3 eign person has—
4
(1) undertaken actions or policies that threaten
5
the peace, security, stability, or territorial integrity
6
of any area or state in the Western Balkans;
7
(2) engaged or attempted to engage in actions
8
or policies that undermine democratic processes or
9
institutions in the Western Balkans;
10
(3) engaged or attempted to engage in corrup-
11
tion related to the Western Balkans, including cor-
12
ruption by or on behalf of, a government in the
13
Western Balkans, or a current or former govern-
14
ment official in the Western Balkans;
15
16
(4) engaged or attempting to engage in serious
human rights abuses in the Western Balkans; or
17
(5) engaged or attempted to engage in, acts
18
that obstruct or threaten the implementation of any
19
regional security, peace, cooperation, or mutual rec-
20
ognition agreement or framework or accountability
21
mechanism related to the Western Balkans, includ-
22
ing the Prespa Agreement of 2018; the Ohrid
23
Framework Agreement of 2001; United Nations Se-
24
curity Council Resolution 1244; the Dayton Accords;
25
or the Conclusions of the Peace Implementation
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1
Conference Council held in London in December
2
1995, including the decisions or conclusions of the
3
High Representative, the Peace Implementation
4
Council, or its Steering Board; or the International
5
Criminal Tribunal for the former Yugoslavia, or,
6
with respect to the former Yugoslavia, the Inter-
7
national Residual Mechanism for Criminal Tribu-
8
nals.
9
(c) SANCTIONS DESCRIBED.—The sanctions de-
10 scribed in this subsection are the following:
11
(1) BLOCKING OF PROPERTY.—The President
12
may exercise all authorities granted under the Inter-
13
national Emergency Economic Powers Act (50
14
U.S.C. 1701 et seq.) to the extent necessary to block
15
and prohibit all transactions in property and inter-
16
ests in property of the foreign person if such prop-
17
erty and interests in property are in the United
18
States, come within the United States, or come with-
19
in the possession or control of a United States per-
20
son.
21
22
(2) INELIGIBILITY FOR VISAS, ADMISSION, OR
PAROLE.—
23
24
(A) VISAS, ADMISSION, OR PAROLE.—An
alien described in subsection (a) shall be—
25
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(i) inadmissible to the United States;
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2798
1
(ii) ineligible to receive a visa or other
2
documentation to enter the United States;
3
and
4
(iii) otherwise ineligible to be admitted
5
or paroled into the United States or to re-
6
ceive any other benefit under the Immigra-
7
tion and Nationality Act (8 U.S.C. 1101 et
8
16 seq.).
9
(B) CURRENT VISAS REVOKED.—
10
(i) IN GENERAL.—The visa or other
11
entry documentation of any alien described
12
in subsection (a) is subject to revocation
13
regardless of the issue date of the visa or
14
other entry documentation.
15
(ii) IMMEDIATE EFFECT.—A revoca-
16
tion under clause (i) shall, in accordance
17
with section 221(i) of the Immigration and
18
Nationality Act (8 U.S.C. 1201(i))—
19
(I) take effect immediately; and
20
(II) cancel any other valid visa or
21
entry documentation that is in the
22
possession of the alien.
23
(d) IMPLEMENTATION; PENALTIES.—
24
(1) IMPLEMENTATION.—The President may ex-
25
ercise all authorities provided under sections 203
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2799
1
and 205 of the International Emergency Economic
2
Powers Act (50 U.S.C. 1702 and 1704) for purposes
3
of carrying out this section.
4
(2) PENALTIES.—The penalties provided for in
5
subsections (b) and (c) of section 206 of the Inter-
6
national Emergency Economic Powers Act (50
7
U.S.C. 1705) shall apply to a person that violates,
8
attempts to violate, conspires to violate, or causes a
9
violation of this section or any regulations promul-
10
gated to carry out this section to the same extent
11
that such penalties apply to a person that commits
12
an unlawful act described in section 206(a) of that
13
Act.
14
(e) DEFINITIONS.—In this section:
15
(1) AGRICULTURAL
COMMODITY.—The
term
16
‘‘agricultural commodity’’ has the meaning given
17
such term in section 102 of the Agricultural Trade
18
Act of 1978 (7 U.S.C. 5602).
19
(2) MEDICAL DEVICE.—The term ‘‘medical de-
20
vice’’ has the meaning given the term ‘‘device’’ in
21
section 201 of the Federal Food, Drug, and Cos-
22
metic Act (21 U.S.C. 321).
23
(3) MEDICINE.—The term ‘‘medicine’’ has the
24
meaning given the term ‘‘drug’’ in section 201 of the
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2800
1
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
2
321).
3
(4) FOREIGN PERSON.—The term ‘‘foreign per-
4
son’’ means a person that is not a United States
5
person.
6
(f) TERMINATION OF SANCTIONS.—The President
7 may terminate the application of a sanction imposed pur8 suant to this section with respect to a person if the Presi9 dent certifies to the appropriate committees of Congress
10 that—
11
(1) the person is not engaging in the activity
12
that was the basis for such sanction or has taken
13
significant verifiable steps toward stopping such ac-
14
tivity; and
15
(2) the President has received reliable assur-
16
ances that the person will not knowingly engage in
17
activity subject to such sanction in the future.
18
(g) WAIVER.—
19
(1) IN GENERAL.—The President may waive
20
the application of sanctions imposed pursuant to this
21
section for renewable periods not to exceed 180 days
22
if the President—
23
(A) determines that such a waiver is in the
24
national security interests of the United States;
25
and
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2801
1
(B) not less than 15 days before the grant-
2
ing of the waiver, submits to the appropriate
3
committees of Congress a notice of and jus-
4
tification for the waiver.
5
(2) FORM.—The waiver described in paragraph
6
(1) may be transmitted in classified form.
7
(h) EXCEPTIONS.—
8
9
(1)
HUMANITARIAN
ASSISTANCE.—Sanctions
authorized under this section shall not apply to—
10
(A) the conduct or facilitation of a trans-
11
action for the provision of agricultural commod-
12
ities, food, medicine, medical devices, humani-
13
tarian assistance, or for humanitarian purposes;
14
or
15
(B) transactions that are necessary for, or
16
ordinarily incident to, the activities described in
17
subparagraph (A).
18
(2) COMPLIANCE WITH INTERNATIONAL OBLI-
19
GATIONS AND LAW ENFORCEMENT ACTIVITIES.—
20
Sanctions authorized under this section shall not
21
apply with respect to an alien if admitting or parol-
22
ing such alien is necessary—
23
24
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December 7, 2025 (12:02 p.m.)
(A) to comply with United States obligations under—
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2802
1
(i) the Agreement between the United
2
Nations and the United States of America
3
regarding the Headquarters of the United
4
Nations, signed at Lake Success June 26,
5
1947, and entered into force November 21,
6
1947;
7
(ii) the Convention on Consular Rela-
8
tions, done at Vienna April 24, 1963, and
9
entered into force March 19, 1967; or
10
(iii) any other international agree-
11
ment; or
12
(B) to carry out or assist law enforcement
13
activity in the United States.
14
(3) EXCEPTION
FOR
INTELLIGENCE
ACTIVI-
15
TIES.—Sanctions authorized under this section shall
16
not apply to—
17
(A) any activity subject to the reporting
18
requirements under title V of the National Se-
19
curity Act of 1947 (50 U.S.C. 3091 et seq.); or
20
(B) any authorized intelligence activities of
21
the United States.
22
(4) EXCEPTION RELATING TO IMPORTATION OF
23
GOODS.—
24
25
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(A) IN
GENERAL.—The
requirement to
block and prohibit all transactions in all prop-
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2803
1
erty and interests in property under this section
2
shall not include the authority or a requirement
3
to impose sanctions on the importation of
4
goods.
5
(B) DEFINED TERM.—In this paragraph,
6
the term ‘‘good’’ means any article, natural or
7
manmade substance, material, supply or manu-
8
factured product, including inspection and test
9
equipment, and excluding technical data.
10
(i) RULEMAKING.—The President is authorized to
11 promulgate such rules and regulations as may be nec12 essary to carry out the provisions of this section (which
13 may include regulatory exceptions), including under sec14 tion 205 of the International Emergency Economic Pow15 ers Act (50 U.S.C. 1704)).
16
(j) RULES OF CONSTRUCTION.—
17
(1) Nothing in this section may be construed to
18
limit the authorities of the President under the
19
International Emergency Economic Powers Act (50
20
U.S.C. 1701 et seq.).
21
(2) Nothing in this section shall be construed to
22
modify any sanctions in effect as of the date of en-
23
actment of this Act.
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1
(k) SUNSET.—This section shall cease to have force
2 or effect beginning on the date that is 8 years after the
3 date of the enactment of this Act.
4
SEC. 8336. DEMOCRATIC AND ECONOMIC DEVELOPMENT
5
AND PROSPERITY INITIATIVES.
6
(a) ANTI-CORRUPTION INITIATIVE.—The Secretary
7 of State, through ongoing and new programs, should de8 velop an initiative that—
9
(1) seeks to expand technical assistance in each
10
Western Balkans country, taking into account local
11
conditions and contingent on the agreement of the
12
host country government to develop new national
13
anti-corruption strategies;
14
(2) seeks to share best practices with, and pro-
15
vide training, including through the use of embedded
16
advisors, to civilian law enforcement agencies and ju-
17
dicial institutions, and other relevant administrative
18
bodies, of the Western Balkans countries, to improve
19
the efficiency, transparency, and accountability of
20
such agencies and institutions;
21
22
(3) strengthens existing national anti-corruption
strategies—
23
(A) to combat political corruption, particu-
24
larly in the judiciary, independent election over-
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2805
1
sight bodies, and public procurement processes;
2
and
3
(B) to strengthen regulatory and legislative
4
oversight of critical governance areas, such as
5
freedom of information and public procurement,
6
including by strengthening cyber defenses and
7
ICT infrastructure networks;
8
(4) includes the Western Balkans countries in
9
the European Democratic Resilience Initiative of the
10
Department of State, or any equivalent successor
11
initiative, and considers the Western Balkans as a
12
recipient of anti-corruption funding for such initia-
13
tive; and
14
(5) seeks to promote the important role of an
15
independent media in countering corruption through
16
engagements with governments of Western Balkan
17
countries and providing training opportunities for
18
journalists on investigative reporting.
19
(b) PRIORITIZING CYBER RESILIENCE, REGIONAL
20 ECONOMIC CONNECTIVITY,
21
ECONOMIC COMPETI-
TIVENESS.—
22
23
AND
(1) SENSE OF CONGRESS.—It is the sense of
Congress that—
24
(A) promoting stronger economic, civic,
25
and political relationships among Western Bal-
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1
kans countries will enable countries to better
2
utilize existing resources and maximize their
3
economic security and democratic resilience by
4
reinforcing cyber defenses and increasing eco-
5
nomic activity among other countries in the re-
6
gion; and
7
(B) United States private investments in
8
and assistance toward creating a more inte-
9
grated region ensures political stability and se-
10
curity for the region.
11
(2) 5-YEAR STRATEGY FOR ECONOMIC DEVEL-
12
OPMENT AND DEMOCRATIC RESILIENCE IN WESTERN
13
BALKANS.—Not later than 180 days after the date
14
of the enactment of this Act, the Secretary of State,
15
in coordination with the heads of other relevant Fed-
16
eral departments and agencies, shall submit to the
17
appropriate committees of Congress a regional eco-
18
nomic development and democratic resilience strat-
19
egy for the Western Balkans that—
20
(A) takes into account the efforts of the
21
European Union, European nations, and other
22
multilateral financing institutions;
23
24
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1
(C) includes efforts to ensure coordination
2
with multilateral and bilateral partners, such as
3
the European Union, the World Bank, and
4
other relevant assistance frameworks;
5
(D) includes an initial assessment of—
6
(i) economic opportunities for which
7
United States businesses, or those of other
8
like-minded partner countries, would be
9
competitive;
10
(ii)
legal,
economic,
governance,
11
infrastructural, or other barriers limiting
12
United States economic activity and invest-
13
ment in the Western Balkans;
14
(iii) the effectiveness of all existing re-
15
gional cooperation initiatives, such as the
16
Open Balkan initiative and the Western
17
Balkans Common Regional Market; and
18
(iv) ways to increase United States
19
economic activity and investment within
20
the Western Balkans;
21
(E) considers ways to develop human and
22
institutional capacity and infrastructure across
23
multiple sectors of economies, including clean
24
energy, energy efficiency, agriculture, small and
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1
medium-sized enterprise development, health,
2
and cyber-security;
3
(F) considers ways to assist with the devel-
4
opment and implementation of programs or ini-
5
tiatives to increase economic development and
6
prosperity in the region;
7
(G) considers ways to support small- and
8
medium-sized businesses, including youth-owned
9
and women-owned enterprises;
10
(H) considers ways to promote government
11
and civil society policies and programs that
12
combat corruption and encourage transparency
13
(including by supporting independent media by
14
promoting the safety and security of journal-
15
ists), free and fair competition, sound govern-
16
ance, judicial reform, environmental steward-
17
ship, and business environments conducive to
18
sustainable and inclusive economic growth; and
19
(I) includes a public diplomacy strategy
20
that describes the actions that will be taken by
21
relevant agencies to increase support for the
22
United States relationship by citizens of West-
23
ern Balkans countries.
24
(3) BRIEFING.—Not later than 90 days after
25
the date of the enactment of this Act, the Secretary
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of State shall provide a briefing to the appropriate
2
committees of Congress that describes the progress
3
made towards developing the strategy required
4
under paragraph (2).
5
(c) REGIONAL ECONOMIC CONNECTIVITY AND DE-
6
VELOPMENT INITIATIVE.—
7
(1) AUTHORIZATION.—The Secretary of State,
8
in coordination with the heads of other relevant Fed-
9
eral departments and agencies, may coordinate a re-
10
gional economic connectivity and development initia-
11
tive for the region comprised of each Western Bal-
12
kans country and any European Union member
13
country that shares a border with a Western Bal-
14
kans country (referred to in this subsection as the
15
‘‘Western Balkans region’’) in accordance with this
16
subsection.
17
18
(2) INITIATIVE ELEMENTS.—The initiative authorized under paragraph (1) shall—
19
(A) promote private sector growth and
20
competitiveness and increase the capacity of
21
businesses, particularly small and medium-sized
22
enterprises, in the Western Balkans region;
23
(B) aim to increase intraregional exports
24
to countries in the Balkans and European
25
Union member states;
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1
(C) aim to increase United States eco-
2
nomic activity and investments in countries in
3
the Western Balkans;
4
(D) support startup companies, including
5
companies led by youth or women, in the West-
6
ern Balkans region by—
7
8
(i) providing training in business
skills and leadership; and
9
(ii) providing opportunities to connect
10
to sources of capital;
11
(E) encourage and promote increased eco-
12
nomic activity and investment in the Western
13
Balkans through engagement with the Western
14
Balkans diaspora communities in the United
15
States and abroad;
16
(F) provide assistance to the governments
17
and civil society organizations of Western Bal-
18
kans countries to develop—
19
20
(i) regulations to ensure fair and effective investment; and
21
(ii) screening tools to identify and
22
deter malign foreign investments and other
23
coercive economic practices;
24
(G) identify areas where application of ad-
25
ditional resources and workforce retraining
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1
could expand successful programs to 1 or more
2
countries in the Western Balkans region by
3
building on the existing experience and program
4
architecture;
5
(H) compare existing single-country sector
6
analyses to determine areas of focus that would
7
benefit from a regional approach with respect to
8
the Western Balkans region; and
9
(I)
promote
intraregional
economic
10
connectivity throughout the Western Balkans
11
region through—
12
(i) programming, including grants, co-
13
operative agreements, and other forms of
14
assistance;
15
(ii) expanding awareness of the avail-
16
ability of loans and other financial instru-
17
ments from the United States Government;
18
and
19
(iii) coordinating access to existing in-
20
struments to promote economic activity
21
and investment that are available through
22
allies and partners in the Western Balkans
23
region, including the European Union and
24
international financial institutions.
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1
(3) SUPPORT FOR REGIONAL INFRASTRUCTURE
2
PROJECTS.—The
3
graph (1) should facilitate and prioritize support for
4
regional infrastructure projects, including—
initiative authorized under para-
5
(A) transportation projects that build
6
roads, bridges, railways and other physical in-
7
frastructure to facilitate travel of goods and
8
people throughout the Western Balkans region;
9
(B) technical support and the promotion of
10
investments needed to meet United States and
11
European Union standards for air travel, in-
12
cluding screening and information sharing;
13
14
(C) the development of telecommunications
networks with trusted providers;
15
(D) infrastructure projects that connect
16
Western Balkans countries to each other and to
17
countries with which they share a border;
18
(E) information exchange on effective ten-
19
der procedures and transparent procurement
20
processes;
21
(F) investment transparency programs
22
that will help countries in the Western Balkans
23
analyze gaps and establish institutional and
24
regulatory reforms necessary—
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1
(i) to create an enabling environment
2
for economic activities and investment; and
3
(ii) to strengthen protections against
4
high-risk investments;
5
(G) sharing best practices learned from the
6
United States and other international partners
7
to ensure that institutional and regulatory
8
mechanisms are fair, nonarbitrary, effective,
9
and free from corruption;
10
(H) projects that support regional energy
11
security and reduce dependence on Russian en-
12
ergy;
13
(I) technical assistance and generating pri-
14
vate investment in projects that promote
15
connectivity and energy-sharing in the Western
16
Balkans region;
17
(J) technical assistance to support regional
18
collaboration on environmental protection that
19
includes governmental, political, civic, and busi-
20
ness stakeholders; and
21
(K) technical assistance to develop financ-
22
ing options and help create linkages with poten-
23
tial financing institutions and investors.
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1
(4) REQUIREMENTS.—All programming under
2
the initiative authorized under paragraph (1)
3
should—
4
(A) be open to the participation of Albania,
5
Bosnia and Herzegovina, Kosovo, Montenegro,
6
North Macedonia, and Serbia;
7
(B) be consistent with European Union ac-
8
cession requirements;
9
(C) be focused on retaining talent within
10
the Western Balkans;
11
(D) promote government policies in West-
12
ern Balkans countries that encourage free and
13
fair competition, sound governance, environ-
14
mental protection, and business environments
15
that are conducive to sustainable and inclusive
16
economic growth; and
17
(E) include a public diplomacy strategy to
18
inform local and regional audiences in the
19
Western Balkans region about the initiative, in-
20
cluding specific programs and projects.
21
(d) UNITED STATES INTERNATIONAL DEVELOPMENT
22 FINANCE CORPORATION.—
23
(1) APPOINTMENTS.—Not later than 1 year
24
after the date of the enactment of this Act, subject
25
to the availability of appropriations, the Chief Exec-
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1
utive Officer of the United States International De-
2
velopment Finance Corporation, in collaboration
3
with the Secretary of State, should consider includ-
4
ing a regional office with responsibilities for the
5
Western Balkans within the Corporation’s plans to
6
open new regional offices.
7
(2) JOINT REPORT.—Not later than 180 days
8
after the date of the enactment of this Act, the
9
Chief Executive Officer of the United States Inter-
10
national Development Finance Corporation and the
11
Secretary of State should submit a joint report to
12
the appropriate committees of Congress that in-
13
cludes—
14
(A) an assessment of the benefits of pro-
15
viding sovereign loan guarantees to countries in
16
the Western Balkans to support infrastructure
17
and energy diversification projects;
18
(B) an outline of additional resources, such
19
as tools, funding, and personnel, which may be
20
required to offer sovereign loan guarantees in
21
the Western Balkans; and
22
(C) an assessment of how the United
23
States International Development Finance Cor-
24
poration, in coordination with the United States
25
Trade and Development Agency and the Ex-
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1
port-Import Bank of the United States, can de-
2
ploy its insurance products in support of bonds
3
or other instruments issued to raise capital
4
through United States financial markets in the
5
Western Balkans.
6
SEC.
8337.
7
8
PROMOTING
CROSS-CULTURAL
AND
EDU-
CATIONAL ENGAGEMENT.
(a) SENSE OF CONGRESS.—It is the sense of Con-
9 gress that—
10
(1) promoting partnerships between United
11
States universities and universities in the Western
12
Balkans advances United States foreign policy goals
13
and requires a whole-of-government approach, in-
14
cluding the utilization of public-private partnerships;
15
and
16
(2) such partnerships would provide opportuni-
17
ties for exchanging academic ideas, technical exper-
18
tise, research, and cultural understanding for the
19
benefit of the United States and may provide addi-
20
tional beneficial opportunities for cooperation in the
21
private sector.
22
(b) UNIVERSITY PARTNERSHIPS.—The President,
23 working through the Secretary of State, is authorized to
24 promote partnerships between United States universities
25 and universities in the Western Balkans, including—
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1
2
(1) supporting research and analysis on cyber
resilience;
3
(2) working with partner governments to re-
4
form policies, improve curricula, strengthen data
5
systems, train teachers and students, including
6
English language teaching, and to provide quality,
7
inclusive learning materials;
8
(3) encouraging knowledge exchanges to help
9
provide individuals, especially those who historically
10
have had reduced access to relevant education, train-
11
ing, and skills for meaningful employment;
12
(4) promoting teaching and research exchanges
13
between institutions of higher education in the West-
14
ern Balkans and in the United States; and
15
(5) encouraging alliances and exchanges with
16
like-minded institutions of education within the
17
Western Balkans and the larger European continent.
18
19
SEC. 8338. YOUNG BALKAN LEADERS INITIATIVE.
(a) SENSE OF CONGRESS.—It is the sense of Con-
20 gress that—
21
(1) regular people-to-people exchange programs
22
that bring religious leaders, journalists, civil society
23
members, politicians, and other individuals from the
24
Western Balkans to the United States will strength-
25
en existing relationships and advance United States
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1
interests and shared values in the Western Balkans
2
region; and
3
(2) the Department of State, through BOLD, a
4
leadership program for young leaders in certain
5
Western Balkans countries, plays an important role
6
to develop young leaders in improving civic engage-
7
ment and economic development in Bosnia and
8
Herzegovina, Serbia, and Montenegro.
9
(b) AUTHORIZATION.—The Secretary of State should
10 continue the BOLD Leadership Program, which shall
11 hereafter be known as the ‘‘Young Balkan Leaders Initia12 tive’’, to promote educational and professional develop13 ment for young adult leaders and professionals in the
14 Western Balkans who have demonstrated a passion to con15 tribute to the continued development of the Western Bal16 kans region.
17
(c) CONDUCT OF INITIATIVE.—The goals of the
18 Young Balkan Leaders Initiative should include—
19
(1) building the capacity of young Balkan lead-
20
ers in the Western Balkans in the areas of business
21
and information technology, cyber security and
22
digitization, agriculture, civic engagement, and pub-
23
lic administration;
24
(2) supporting young Balkan leaders by offer-
25
ing professional development, training, and net-
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1
working opportunities, particularly in the areas of
2
leadership, innovation, civic engagement, elections,
3
human rights, entrepreneurship, good governance,
4
public administration, and journalism;
5
(3) supporting young political, parliamentary,
6
and civic Balkan leaders in collaboration on regional
7
initiatives related to good governance, environmental
8
protection, government ethics, and minority inclu-
9
sion; and
10
(4) providing increased economic and technical
11
assistance to young Balkan leaders to promote eco-
12
nomic growth and strengthen ties between busi-
13
nesses, investors, and entrepreneurs in the United
14
States and in Western Balkans countries.
15
(d) FELLOWSHIPS.—Under the Young Balkan Lead-
16 ers Initiative, the Secretary of State is authorized to
17 award fellowships to young leaders from the Western Bal18 kans who—
19
(1) are between 18 and 35 years of age;
20
(2) have demonstrated strong capabilities in en-
21
trepreneurship, innovation, public service, and lead-
22
ership;
23
(3) have had a positive impact in their commu-
24
nities, organizations, or institutions, including by
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1
promoting cross-regional and multiethnic coopera-
2
tion; and
3
(4) represent a cross-section of the country’s
4
demographics.
5
(e) BRIEFING ON CERTAIN EXCHANGE PROGRAMS.—
6 Not later than 180 days after the date of the enactment
7 of this Act, the Secretary of State shall provide a briefing
8 to the appropriate committees of Congress that describes
9 the status of exchange programs involving the Western
10 Balkans region.
11
SEC. 8339. SUPPORTING CYBERSECURITY AND CYBER RE-
12
SILIENCE IN THE WESTERN BALKANS.
13
(a) SENSE OF CONGRESS.—It is the sense of Con-
14 gress that—
15
(1) United States support for cybersecurity,
16
cyber resilience, and secure ICT infrastructure in
17
Western Balkans countries will strengthen the re-
18
gion’s ability to defend itself from and respond to
19
malicious cyber activity conducted by nonstate and
20
foreign actors, including foreign governments, that
21
seek to influence the region;
22
23
(2) insecure ICT networks that are vulnerable
to manipulation can increase opportunities for—
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1
(A) the compromise of cyber infrastruc-
2
ture, including data networks, electronic infra-
3
structure, and software systems; and
4
(B) the use of online information oper-
5
ations by adversaries and malign actors to un-
6
dermine United States allies and interests;
7
(3) it is in the national security interest of the
8
United States to support the cybersecurity and cyber
9
resilience of Western Balkans countries; and
10
(4) it is in the national security interest of the
11
United States to support continued progress to en-
12
hance cybersecurity infrastructure in Western Bal-
13
kan countries in response to threats posed by state
14
and non-state actors, including threats originating
15
from the Russian Federation, the People’s Republic
16
of China, the Islamic Republic of Iran, or the Demo-
17
cratic People’s Republic of Korea.
18
(b) INTERAGENCY REPORT ON CYBERSECURITY AND
19
THE DIGITAL INFORMATION ENVIRONMENT IN WESTERN
20 BALKANS COUNTRIES.—Not later than 1 year after the
21 date of the enactment of this Act, the Secretary of State,
22 in coordination with the Secretary of Defense, the Sec23 retary of Homeland Security, and the heads of other rel24 evant Federal agencies, shall submit a report to the appro-
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1 priate committees of Congress and the Committee on
2 Armed Services of the Senate that contains—
3
(1) an overview of interagency efforts to
4
strengthen cybersecurity and cyber resilience in
5
Western Balkans countries;
6
7
(2) a review of the information environment in
each Western Balkans country;
8
9
(3) a review of existing United States Government cyber and digital initiatives that—
10
(A) counter influence operations and safe-
11
guard elections and democratic processes in
12
Western Balkans countries;
13
(B) strengthen ICT infrastructure, digital
14
accessibility, and cybersecurity capacity in the
15
Western Balkans;
16
(C) support democracy and internet free-
17
dom in Western Balkans countries; and
18
(D) build cyber capacity of governments
19
who are allies or partners of the United States;
20
(4) an assessment of cyber threat information
21
sharing between the United States and Western Bal-
22
kans countries;
23
(5) an assessment of—
24
(A) options for the United States to better
25
support cybersecurity and cyber resilience in
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1
Western Balkans countries through changes to
2
current assistance authorities; and
3
(B) the advantages or limitations, such as
4
funding or office space, of posting cyber profes-
5
sionals from other Federal departments and
6
agencies to United States diplomatic posts in
7
Western Balkans countries and providing rel-
8
evant training to Foreign Service Officers; and
9
(6) any additional support needed from the
10
United States for the cybersecurity and cyber resil-
11
ience of the following NATO Allies: Albania, Monte-
12
negro, and North Macedonia.
13
14
SEC. 8340. RELATIONS BETWEEN KOSOVO AND SERBIA.
(a) SENSE OF CONGRESS.—It is the sense of Con-
15 gress that—
16
(1) the Agreement on the Path to Normaliza-
17
tion of Relations, which was agreed to by Kosovo
18
and Serbia on February 27, 2023, with the facilita-
19
tion of the European Union, is a positive step for-
20
ward in advancing normalization between the two
21
countries;
22
(2) Serbia and Kosovo should seek to make im-
23
mediate progress on the Implementation Annex to
24
the agreement referred to in paragraph (1);
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1
(3) once sufficient progress has been made on
2
the Implementation Annex, the United States should
3
consider advancing initiatives to strengthen bilateral
4
relations with both countries, which could include—
5
(A) establishing bilateral strategic dia-
6
logues with Kosovo and Serbia; and
7
(B) advancing concrete initiatives to deep-
8
en economic ties and investment with both
9
countries; and
10
(4) the United States should continue to sup-
11
port a comprehensive final agreement between
12
Kosovo and Serbia based on mutual recognition.
13
(b) STATEMENT OF POLICY.—It is the policy of the
14 United States Government that—
15
(1) it shall not pursue any policy that advocates
16
for land swaps, partition, or other forms of redraw-
17
ing borders along ethnic lines in the Western Bal-
18
kans as a means to settle disputes between nation
19
states in the region; and
20
(2) it should support pluralistic democracies in
21
countries in the Western Balkans as a means to pre-
22
vent a return to the ethnic strife that once charac-
23
terized the region.
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1
SEC. 8341. REPORTS ON RUSSIAN AND CHINESE MALIGN IN-
2
FLUENCE OPERATIONS AND CAMPAIGNS IN
3
THE WESTERN BALKANS.
4
(a) REPORTS REQUIRED.—Not later than 180 days
5 after the date of the enactment of this Act, and every two
6 years thereafter, the Secretary of State, in coordination
7 with the Secretary of Defense, the Director of National
8 Intelligence, and the heads of other Federal departments
9 or agencies, as appropriate, shall submit a report to the
10 appropriate committees of Congress, the Select Committee
11 on Intelligence of the Senate, the Committee on Armed
12 Services of the Senate, and the Permanent Select Com13 mittee on Intelligence of the House of Representatives re14 garding Russian and Chinese malign influence operations
15 and campaigns carried out with respect to Balkan coun16 tries that seek—
17
(1) to undermine democratic institutions;
18
(2) to promote political instability; and
19
(3) to harm the interests of the United States
20
and North Atlantic Treaty Organization member
21
and partner states in the Western Balkans.
22
(b) ELEMENTS.—Each report submitted pursuant to
23 subsection (a) shall include—
24
(1) an assessment of the objectives of the Rus-
25
sian Federation and the People’s Republic of China
26
regarding malign influence operations and cam-
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1
paigns carried out with respect to Western Balkans
2
countries—
3
(A) to undermine democratic institutions,
4
including the planning and execution of demo-
5
cratic elections;
6
(B) to promote political instability; and
7
(C) to manipulate the information environ-
8
ment;
9
(2) the activities and roles of the Department
10
of State and other relevant Federal agencies in
11
countering Russian and Chinese malign influence
12
operations and campaigns;
13
(3) an assessment of—
14
(A) each network, entity and individual, to
15
the extent such information is available, of Rus-
16
sia, China, or any other country with which
17
Russia or China may cooperate, that is sup-
18
porting such Russian or Chinese malign influ-
19
ence operations or campaigns, including the
20
provision of financial or operational support to
21
activities in a Western Balkans country that
22
may limit freedom of speech or create barriers
23
of access to democratic processes, including ex-
24
ercising the right to vote in a free and fair elec-
25
tion; and
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1
(B) the role of each such entity in pro-
2
viding such support;
3
(4) the identification of the tactics, techniques,
4
and procedures used in Russian or Chinese malign
5
influence operations and campaigns in Western Bal-
6
kans countries;
7
(5) an assessment of the effect of previous Rus-
8
sian or Chinese malign influence operations and
9
campaigns that targeted alliances and partnerships
10
of the United States Armed Forces in the Western
11
Balkans, including the effectiveness of such oper-
12
ations and campaigns in achieving the objectives of
13
Russia and China, respectively;
14
(6) the identification of each Western Balkans
15
country with respect to which Russia or China has
16
conducted or attempted to conduct a malign influ-
17
ence operation or campaign;
18
(7) an assessment of the capacity and efforts of
19
NATO and of each individual Western Balkans
20
country to counter Russian or Chinese malign influ-
21
ence operations and campaigns carried out with re-
22
spect to Western Balkans countries;
23
(8) the efforts by the United States to combat
24
such malign influence operations in the Western
25
Balkans, including through the Countering Russian
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1
Influence Fund and the Countering People’s Repub-
2
lic of China Malign Influence Fund;
3
(9) an assessment of the tactics, techniques,
4
and procedures that the Secretary of State, in con-
5
sultation with the Director of National Intelligence
6
and the Secretary of Defense, determines are likely
7
to be used in future Russian or Chinese malign in-
8
fluence operations and campaigns carried out with
9
respect to Western Balkans countries; and
10
(10) activities that the Department of State
11
and other relevant Federal agencies could use to in-
12
crease the United States Government’s capacity to
13
counter Russian and Chinese malign influence oper-
14
ations and campaigns in Western Balkans countries.
15
(c) FORM.—Each report required under subsection
16 (a) shall be submitted in unclassified form, but may in17 clude a classified annex.
18
19
20
21
Subtitle D—Countering Wrongful
Detention Act of 2025
SEC. 8351. SHORT TITLE.
This title may be cited as the ‘‘Countering Wrongful
22 Detention Act of 2025’’.
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1
SEC. 8352. DESIGNATION OF A FOREIGN COUNTRY AS A
2
STATE SPONSOR OF UNLAWFUL OR WRONG-
3
FUL DETENTION.
4
The Robert Levinson Hostage Recovery and Hostage-
5 Taking Accountability Act (22 U.S.C. 1741 et seq.) is
6 amended by inserting after section 306 the following:
7
‘‘SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A
8
STATE SPONSOR OF UNLAWFUL OR WRONG-
9
FUL DETENTION.
10
‘‘(a) IN GENERAL.—Subject to the notice require-
11 ment of subsection (c)(1)(A), the Secretary of State, in
12 consultation with the heads of other relevant Federal
13 agencies, may designate a foreign country that has pro14 vided support for or directly engaged in the unlawful or
15 wrongful detention of a United States national as a State
16 Sponsor of Unlawful or Wrongful Detention based on any
17 of the following criteria:
18
‘‘(1) The unlawful or wrongful detention of a
19
United States national occurs in the foreign country.
20
‘‘(2) The government of the foreign country or
21
an entity organized under the laws of a foreign
22
country has failed to release an unlawfully or wrong-
23
fully detained United States national within 30 days
24
of being officially notified by the Department of
25
State of the unlawful or wrongful detention.
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1
‘‘(3) Actions taken by the government of the
2
foreign country indicate that the government is re-
3
sponsible for, complicit in, or materially supports the
4
unlawful or wrongful detention of a United States
5
national, including by acting as described in para-
6
graph (2) after having been notified by the Depart-
7
ment of State.
8
‘‘(4) The actions of a state or nonstate actor in
9
the foreign country, including any previous action
10
relating to unlawful or wrongful detention or hostage
11
taking of a United States national, pose a risk to
12
the safety and security of United States nationals
13
abroad sufficient to warrant designation of the for-
14
eign country as a State Sponsor of Unlawful or
15
Wrongful Detention, as determined by the Secretary.
16
‘‘(b) TERMINATION
OF
DESIGNATION.—The Sec-
17 retary of State may terminate the designation of a foreign
18 country under subsection (a) if the Secretary certifies to
19 Congress that the government of the foreign country—
20
‘‘(1) has released the United States nationals
21
unlawfully or wrongfully detained within the terri-
22
tory of the foreign country;
23
‘‘(2) has positively contributed to the release of
24
United States nationals taken hostage within the
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1
territory of the foreign country or from the custody
2
of a nonstate entity;
3
‘‘(3) has demonstrated changes in leadership or
4
policies with respect to unlawful or wrongful deten-
5
tion and hostage taking; or
6
‘‘(4) has provided assurances that the govern-
7
ment of the foreign country will not engage or be
8
complicit in or support acts described in subsection
9
(a).
10
‘‘(c) BRIEFING AND REPORTS TO CONGRESS; PUBLI-
11
CATION.—
12
13
‘‘(1) CONSULTATION AND REPORTS TO CONGRESS.—
14
‘‘(A) CONSULTATION.—Prior to the des-
15
ignation under subsection (a), the Secretary of
16
State shall consult the appropriate committees
17
of Congress.
18
‘‘(B)
REPORTING
REQUIREMENT.—Not
19
later than 7 days after making a designation of
20
a foreign country as a State Sponsor of Unlaw-
21
ful or Wrongful Detention under subsection (a),
22
the Secretary of State shall submit to the ap-
23
propriate committees of Congress a report noti-
24
fying the committees of the designation, includ-
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1
ing a certification of which criteria in sub-
2
section (a) are the basis for the designation.
3
‘‘(C) ELEMENTS.—In each report sub-
4
mitted under subparagraph (B) with respect to
5
the designation of a foreign country as a State
6
Sponsor of Unlawful or Wrongful Detention,
7
the Secretary shall include—
8
‘‘(i) the justification for the designa-
9
tion; and
10
‘‘(ii) a description of any action taken
11
by the United States Government, includ-
12
ing the Secretary of State or the head of
13
any other relevant Federal agency, in re-
14
sponse to the designation to deter the un-
15
lawful or wrongful detention or hostage-
16
taking of foreign nationals in the country.
17
‘‘(2) INITIAL BRIEFING REQUIRED.—Not later
18
than 60 days after the date of the enactment of this
19
section, the Secretary shall brief Congress on the fol-
20
lowing:
21
‘‘(A) Whether any of the following coun-
22
tries should be designated as a State Sponsor
23
of Unlawful or Wrongful Detention under sub-
24
section (a):
25
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‘‘(i) Afghanistan.
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1
‘‘(ii) The Islamic Republic of Iran.
2
‘‘(iii) The People’s Republic of China.
3
‘‘(iv) The Russian Federation.
4
‘‘(v) Venezuela under the regime of
5
Nicolás Maduro.
6
‘‘(vi) The Republic of Belarus.
7
‘‘(B) The steps taken by the Secretary and
8
the heads of other relevant Federal agencies to
9
deter the unlawful and wrongful detention of
10
United States nationals and to respond to such
11
detentions, including—
12
‘‘(i) any engagement with private sec-
13
tor companies to optimize the distribution
14
of travel advisories; and
15
‘‘(ii) any engagement with private
16
companies responsible for promoting travel
17
to foreign countries engaged in the unlaw-
18
ful or wrongful detention of United States
19
nationals.
20
‘‘(C) An assessment of a possible expan-
21
sion of chapter 97 of title 28, United States
22
Code (commonly known as the ‘Foreign Sov-
23
ereign Immunities Act of 1976’) to include an
24
exception from asset seizure immunity for State
25
Sponsors of Unlawful or Wrongful Detention.
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1
‘‘(D) A detailed plan on the manner by
2
which a geographic travel restriction should or
3
could be instituted against State Sponsors of
4
Unlawful or Wrongful Detention.
5
‘‘(E) The progress made in multilateral
6
fora, including the United Nations and other
7
international organizations, to address the un-
8
lawful and wrongful detention of United States
9
nationals, in addition to nationals of partners
10
and allies of the United States in foreign coun-
11
tries.
12
‘‘(3) ANNUAL BRIEFING.—
13
‘‘(A) IN GENERAL.—Not later than one
14
year after the date of the enactment of this sec-
15
tion, and annually thereafter for 5 years, the
16
Assistant Secretary of State for Consular Af-
17
fairs and the Special Presidential Envoy for
18
Hostage Affairs shall brief the appropriate com-
19
mittees of Congress with respect to unlawful or
20
wrongful detentions taking place in the coun-
21
tries listed under paragraph (2)(A) and actions
22
taken by the Secretary of State and the heads
23
of other relevant Federal agencies to deter the
24
wrongful detention of United States nationals,
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1
including any steps taken in accordance with
2
paragraph (2)(B).
3
‘‘(B) NO LIMITATION ON OTHER BRIEF-
4
INGS.—Any briefings pursuant to subparagraph
5
(A) shall be in addition to any briefings re-
6
quested by the appropriate congressional com-
7
mittees. Nothing in this provision shall be con-
8
strued to limit the provision of any other brief-
9
ings to the appropriate committees of Congress.
10
‘‘(4) PUBLICATION.—The Secretary shall make
11
available on a publicly accessible website of the De-
12
partment of State, and regularly update, a list of
13
foreign countries designated as State Sponsors of
14
Unlawful or Wrongful Detention under subsection
15
(a).
16
‘‘(d) REVIEW OF AVAILABLE RESPONSES TO STATE
17 SPONSORS OF UNLAWFUL OR WRONGFUL DETENTION.—
18 Upon designation of a foreign country as a State Sponsor
19 of Unlawful or Wrongful Detention under subsection (a),
20 the Secretary of State, in consultation with the heads of
21 other relevant Federal agencies, shall conduct a com22 prehensive review of the use of existing authorities to re23 spond to and deter the unlawful or wrongful detention of
24 United States nationals in the foreign country, includ25 ing—
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‘‘(1) sanctions available under the International
2
Emergency Economic Powers Act (50 U.S.C. 1701
3
et seq.);
4
‘‘(2) visa restrictions available under section
5
7031(c) of the Department of State, Foreign Oper-
6
ations, and Related Programs Appropriations Act,
7
2024 (division F of Public Law 118–47; 8 U.S.C.
8
1182 note) or any other provision of Federal law;
9
10
‘‘(3) sanctions available under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.);
11
‘‘(4) restrictions on assistance provided to the
12
government of the country under the Foreign Assist-
13
ance Act of 1961 (22 U.S.C. 2151 et seq.) or any
14
other provision of Federal law;
15
‘‘(5) restrictions on the export of certain goods
16
to the country under the Arms Export Control Act
17
(22 U.S.C. 2751 et seq.), the Export Control Re-
18
form Act of 2018 (50 U.S.C. 4801 et seq.), or any
19
other Federal law; and
20
‘‘(6) designating the government of the country
21
as a government that has repeatedly provided sup-
22
port for acts of international terrorism pursuant
23
to—
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‘‘(A) section 1754(c)(1)(A)(i) of the Ex-
2
port Control Reform Act of 2018 (50 U.S.C.
3
4813(c)(1)(A)(i));
4
‘‘(B) section 620A of the Foreign Assist-
5
ance Act of 1961 (22 U.S.C. 2371);
6
‘‘(C) section 40(d) of the Arms Export
7
Control Act (22 U.S.C. 2780(d)); or
8
‘‘(D) any other provision of law.
9
‘‘(e) DEFINED TERM.—In this section, the term ‘ap-
10 propriate committees of Congress’ means—
11
‘‘(1) the Committee on Foreign Relations, the
12
Committee on Appropriations, and the Committee on
13
the Judiciary of the Senate; and
14
‘‘(2) the Committee on Foreign Affairs, the
15
Committee on Appropriations, and the Committee on
16
the Judiciary of the House of Representatives.
17
‘‘(f) RULES OF CONSTRUCTION.—Nothing in this
18 section may be construed to imply that—
19
‘‘(1) the United States Government formally
20
recognizes any particular country or the government
21
of such country as legitimate; or
22
‘‘(2) every United States national detained in a
23
country designated as a State Sponsor of Unlawful
24
or Wrongful Detention under subsection (a) should
25
be or is determined to be wrongfully detained under
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1
the Robert Levinson Hostage Recovery and Hostage-
2
Taking Accountability Act (22 U.S.C. 1741 et
3
seq.).’’.
4
SEC. 8353. CONGRESSIONAL REPORT ON COMPONENTS RE-
5
LATED TO HOSTAGE AFFAIRS AND RECOV-
6
ERY.
7
(a) IN GENERAL.—Not later than 180 days after the
8 date of the enactment of this Act, the President shall sub9 mit to Congress a report on the following:
10
(1) The Hostage Response Group established
11
pursuant to section 305(a) of the Robert Levinson
12
Hostage Recovery and Hostage-Taking Account-
13
ability Act (22 U.S.C. 1741c(a)).
14
(2) The Hostage Recovery Fusion Cell estab-
15
lished pursuant to section 304(a) of such Act (22
16
U.S.C. 1741b(a)).
17
(3) The Office of the Special Presidential
18
Envoy for Hostage Affairs established pursuant to
19
section 303(a) of such Act (22 U.S.C. 1741a(a)).
20
(b) ELEMENTS.—The report required by subsection
21 (a) shall include—
22
23
(1) a description of the existing structure of
each component listed in subsection (a);
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1
(2) recommendations on how the components
2
can be improved, including through reorganization
3
or consolidation of the components; and
4
(3) cost efficiencies on the components listed in
5
subsection (a), including resources available to eligi-
6
ble former wrongful detainees and hostages and
7
their family members.
8
9
SEC. 8354. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this
10 title may be construed as preventing the freedom of travel
11 of United States citizens.
12
Subtitle E—Other Matters
13
SEC. 8361. NATIONAL REGISTRY OF KOREAN AMERICAN DI-
14
15
VIDED FAMILIES.
(a) NATIONAL REGISTRY.—
16
(1) IN GENERAL.—The Secretary of State, act-
17
ing through the Special Envoy on North Korean
18
Human Rights Issues, the Assistant Secretary of
19
State for Consular Affairs, or such other individual
20
as the Secretary may designate, shall—
21
(A) engage, to the extent practicable, Ko-
22
rean American families who wish to be reunited
23
with family members residing in North Korea
24
from which such Korean American families
25
were divided after the signing of the Agreement
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Concerning a Military Armistice in Korea,
2
signed at Panmunjom July 27, 1953 (com-
3
monly referred to as the ‘‘Korean War Armi-
4
stice Agreement’’ ), in anticipation of future re-
5
unions for such families and family members,
6
including in-person and video reunions; and
7
(B) establish a private, internal national
8
registry of the names and other relevant infor-
9
mation of such Korean American families—
10
(i) to facilitate such future reunions;
11
and
12
(ii) to provide for a repository of in-
13
formation about such Korean American
14
families and family members in North
15
Korea, including information about individ-
16
uals who may be deceased.
17
(2) DISCLOSURE OF INFORMATION.—The Sec-
18
retary of State may enter into agreements with Ko-
19
rean individuals and families, academic institutions,
20
or other members of the public, as appropriate, to
21
share, in whole or in part, information collected and
22
housed in the database if—
23
(A) the United States person whose per-
24
sonally identifiable information would be dis-
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1
closed as a result of an agreement has provided
2
consent to such disclosure; and
3
(B) the agreement outlines reasonable
4
steps and commitments to ensure that any in-
5
formation disclosed as a result of such agree-
6
ment is—
7
(i) kept private and confidential; and
8
(ii) will not be disclosed improperly to
9
other parties outside the agreement.
10
(b) ACTIONS TO FACILITATE DIALOGUE BETWEEN
11
THE UNITED STATES AND NORTH KOREA.—
12
(1) IN
GENERAL.—The
Secretary of State
13
should take steps to ensure that any direct dialogue
14
between the United States and North Korea includes
15
progress towards holding future reunions for Korean
16
American families and their family members in
17
North Korea.
18
(2) CONSULTATIONS.—The Secretary of State
19
shall consult with the Government of the Republic of
20
Korea, as appropriate, in carrying out this sub-
21
section.
22
(3) REPORTING REQUIREMENT.—
23
(A) IN GENERAL.—The Secretary of State,
24
acting through the Special Envoy on North Ko-
25
rean Human Rights Issues, shall include in
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each report required under section 107(d) of
2
the North Korean Human Rights Act of 2004
3
(22 U.S.C. 7817(d)) a description of the con-
4
sultations described in paragraph (2) conducted
5
during the year preceding the submission of the
6
report.
7
8
(B) ELEMENTS.—The reporting required
under subparagraph (A) should include—
9
(i) the status of the national registry
10
established
11
(a)(1)(B);
12
13
pursuant
to
subsection
(ii) the number of individuals included
on the registry who—
14
(I) have met their family mem-
15
bers in North Korea during previous
16
reunions; and
17
(II) have yet to meet their family
18
members in North Korea;
19
(iii) a summary of responses by North
20
Korea to requests by the United States
21
Government to hold reunions of divided
22
families; and
23
(iv) a description of actions taken by
24
North Korea that prevent the emigration
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1
of family members of Korean American
2
families.
3
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
4
FINED.—In this section, the term ‘‘appropriate congres-
5 sional committees’’ means the Committee on Foreign Re6 lations of the Senate and the Committee on Foreign Af7 fairs of the House of Representatives.
8
SEC. 8362. SENSE OF CONGRESS ON RUSSIA’S ILLEGAL AB-
9
DUCTION OF UKRAINIAN CHILDREN.
10
(a) FINDINGS.—Congress finds the following:
11
(1) Since the Russian Federation’s full-scale in-
12
vasion of Ukraine in February 2022, the Russian
13
Federation military forces and the Government of
14
the Russian Federation have abducted, forcibly
15
transferred, or facilitated the illegal deportation of
16
at least 20,000 Ukrainian children.
17
(2) The Russian Federation’s abduction, forc-
18
ible transfer, and facilitation of the illegal deporta-
19
tion of Ukrainian children has left countless children
20
and families with devastating physical and psycho-
21
logical trauma.
22
(b) SENSE OF CONGRESS.—It is the sense of Con-
23 gress that Congress—
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(1) condemns the Russian Federation’s abduc-
2
tion, forcible transfer, and facilitation of the illegal
3
deportation of Ukrainian children; and
4
(2) implores the Russian Federation to work
5
with the international community to ensure the re-
6
turn, without delay, of all forcibly transferred
7
Ukrainian children to their families.
8
SEC. 8363. SUPPORTING THE IDENTIFICATION AND RECOV-
9
10
ERY OF ABDUCTED UKRAINIAN CHILDREN.
(a) SHORT TITLE.—This section may be cited as the
11 ‘‘Abducted Ukrainian Children Recovery and Account12 ability Act’’.
13
(b) FINDINGS.—Congress finds the following:
14
(1) According to a White House press release,
15
dated March 25, 2025, ‘‘The United States and
16
Ukraine agreed that the United States remains com-
17
mitted to helping achieve the exchange of prisoners
18
of war, the release of civilian detainees, and the re-
19
turn of forcibly transferred Ukrainian children.’’.
20
(2) To implement the commitment referred to
21
in paragraph (1), the United States Government re-
22
quires an organized and resourced policy approach
23
to assist Ukraine with—
24
25
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December 7, 2025 (12:02 p.m.)
(A) investigations of Russia’s abduction of
Ukrainian children;
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1
(B) the rehabilitation and reintegration of
2
children returned to Ukraine; and
3
(C) justice and accountability for perpetra-
4
5
6
tors of the abductions.
(c) AUTHORIZATION
TECHNICAL ASSISTANCE
AND ADVISORY SUPPORT.—
7
8
OF
(1) IN GENERAL.—The Department of Justice
and the Department of State are authorized—
9
(A) to provide law enforcement and intel-
10
ligence technical assistance, training, capacity
11
building, and advisory support to the Govern-
12
ment of Ukraine in support of the commitment
13
described in subsection (b)(1); and
14
(B) to advance the objectives described in
15
subsection (b)(2).
16
(2) TYPE OF ASSISTANCE.—The law enforce-
17
ment and intelligence technical assistance authorized
18
under paragraph (1)(A) may include—
19
(A) training regarding the utilization of bi-
20
ometric identification technologies in abduction
21
and trafficking in persons investigations;
22
(B) assistance with respect to collecting
23
and analyzing open source intelligence informa-
24
tion;
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2846
1
(C) assistance in the development and use
2
of secure communications technologies; and
3
(D) assistance with respect to managing
4
and securing relevant databases.
5
(3) REPORTS.—Not later than 30 days after
6
the determination to provide assistance in any cat-
7
egory identified in this subsection, the Secretary of
8
State shall brief the Committee on Foreign Relations
9
of the Senate and the Committee on Foreign Affairs
10
of the House of Representatives on—
11
(A) the amount of assistance determined to
12
be obligated;
13
(B) the type of assistance to be utilized;
14
and
15
(C) any information on the technology
16
operationalized to support the means identified
17
in this subsection.
18
(d) COORDINATION.—
19
(1) NONGOVERNMENTAL ORGANIZATIONS.—The
20
Department of Justice and the Department of State
21
may coordinate with nongovernmental organizations
22
to carry out the assistance authorized under sub-
23
section (c).
24
(2) FEDERAL AGENCIES.—The National Secu-
25
rity Council may coordinate with appropriate rep-
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2847
1
resentatives from the Department of Justice, the
2
Department of State, the intelligence community (as
3
defined in section 3 of the National Security Act of
4
1947 (50 U.S.C. 3003)), and other Federal agen-
5
cies, as needed, to carry out the assistance author-
6
ized under subsection (c).
7
(e) REHABILITATION AND REINTEGRATION.—
8
(1)
AUTHORIZATION
OF
ASSISTANCE.—The
9
Secretary of State is authorized to provide support
10
to the Government of Ukraine and nongovernmental
11
organizations and local civil society groups in
12
Ukraine for the purpose of providing Ukrainian chil-
13
dren (including teenagers) who have been abducted,
14
forcibly transferred, or held against their will by the
15
Russian Federation with—
16
(A) medical and psychological rehabilita-
17
tion services;
18
(B) family reunification and support serv-
19
ices; and
20
(C) services in support of the reintegration
21
of such children into Ukrainian society, includ-
22
ing case management, legal aid, and edu-
23
cational screening and placement.
24
(2) REPORT.—Not later than 60 days after the
25
date of the enactment of this Act, the Secretary of
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State shall submit a report to the Committee on
2
Foreign Relations of the Senate and the Committee
3
on Foreign Affairs of the House of Representatives
4
that describes all current or planned foreign assist-
5
ance programs that will provide the assistance au-
6
thorized under paragraph (1).
7
(f) ATROCITY CRIMES ADVISORY GROUP
FOR
8 UKRAINE.—The Department of State is authorized to
9 support the Atrocity Crimes Advisory Group for Ukraine
10 by providing technical assistance, capacity building, and
11 advisory support to the Government of Ukraine’s Office
12 of the Prosecutor General, and other relevant components
13 of the Government of Ukraine, for the purpose of inves14 tigating and prosecuting cases involving abducted chil15 dren, and other atrocity crimes.
16
(g) DEPARTMENT OF JUSTICE.—The Department of
17 Justice is authorized to provide technical assistance, ca18 pacity building, and advisory support to the Government
19 of Ukraine through its Office of Overseas Prosecutorial
20 Development, Assistance, and Training, which shall be co21 ordinated by the Resident Legal Adviser at the United
22 States Embassy in Kyiv, for the purpose of investigating
23 and prosecuting cases involving abducted children, and
24 other atrocity crimes.
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1
(h) REPORTS.—Not later than 60 days after the date
2 of the enactment of this Act—
3
(1) the Secretary of State, in coordination with
4
the Attorney General, shall submit a report to the
5
Committee on Foreign Relations of the Senate, the
6
Committee on the Judiciary of the Senate, the Com-
7
mittee on Foreign Affairs of the House of Rep-
8
resentatives, and the Committee on the Judiciary of
9
the House of Representatives that describes current
10
and planned United States Government support for
11
the Government of Ukraine’s work to investigate
12
and prosecute atrocity crimes; and
13
(2) the Secretary of State, in coordination with
14
the Secretary of the Treasury, shall submit a report
15
to the Committee on Foreign Relations of the Sen-
16
ate, the Committee on Banking, Housing, and
17
Urban Affairs of the Senate, the Committee on For-
18
eign Affairs of the House of Representatives, and
19
the Committee on Financial Services of the House of
20
Representatives that outlines—
21
(A) any discrepancies between the sanc-
22
tions regimes of the United States, the United
23
Kingdom, and the European Union with respect
24
to those responsible for the abduction of
25
Ukrainian children; and
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1
(B) efforts made by the United States
2
Government to better align such sanction re-
3
gimes.
4
SEC. 8364. FAIRNESS IN ISSUANCE OF TACTICAL GEAR TO
5
DIPLOMATIC
6
SONNEL.
7
SECURITY
SERVICE
PER-
(a) IN GENERAL.—In any instance when the Diplo-
8 matic Security Service of the Department of State issues
9 tactical gear to Special Agents, uniform division officers,
10 or personal service contractors, the Service must, when11 ever such products are commercially available, provide
12 both men’s and women’s sizing options.
13
(b) TACTICAL GEAR DEFINED.—In this section, the
14 term ‘‘tactical gear’’ includes, among other items, ballistic
15 plates, ballistic plate carriers, helmets, media jackets, tac16 tical pants, and gloves.
17
SEC. 8365. STRATEGY FOR COUNTERING TRANSNATIONAL
18
CRIMINAL ORGANIZATIONS IN MEXICO.
19
(a) IN GENERAL.—Not later than 180 days after the
20 date of the enactment of this Act, the Secretary of State
21 shall submit to the Committee on Foreign Relations of the
22 Senate and the Committee on Foreign Affairs of the
23 House of Representatives a report with a strategy for
24 countering transnational criminal organizations in Mexico.
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(b) STRATEGY ELEMENTS.—The strategy required
2 by subsection (a) shall include the following elements:
3
4
(1) A detailed plan for how United States security assistance will—
5
(A) dismantle transnational criminal net-
6
works
7
fentanyl, into the United States and profit from
8
other criminal activities, including pervasive
9
human trafficking and human smuggling, weap-
10
ons trafficking, cybercrimes, money laundering,
11
and the importation of precursor chemicals to
12
mass-produce illicit drugs;
that
traffic
illicit
drugs,
including
13
(B) increase the capacity of Mexico’s mili-
14
tary and public security institutions to improve
15
security at Mexico’s northern and southern bor-
16
ders and degrade transnational criminal organi-
17
zations; and
18
(C) enhance the institutional capacity of
19
civilian
20
courts to strengthen rule of law, redress public
21
corruption related to the activities and influence
22
of transnational criminal organizations, and
23
combat impunity.
24
(2) A detailed summary of activities to imple-
25
ment the plan described in paragraph (1), including
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law
enforcement,
prosecutors,
and
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2852
1
a list of implementing government entities and non-
2
governmental organizations.
3
(3) A detailed assessment of previous assistance
4
to Mexico under the Mérida Initiative and the Bicen-
5
tennial Framework for Security, Public Health, and
6
Safe Communities focused on how these initiatives
7
advanced United States national security objectives,
8
including those listed in paragraph (1)(A).
9
(4) A detailed summary of priorities, mile-
10
stones, and performance measures to monitor and
11
evaluate results of the strategy.
12
(5) A fraud risk assessment, conducted by the
13
Office of the Inspector General of the Department of
14
State for the Department of State’s current security
15
assistance programs in Mexico that—
16
17
18
19
(A) identifies inherent fraud risks affecting
such programs;
(B) assesses the likelihood and impact of
inherent fraud risks;
20
(C) determines fraud risk tolerance;
21
(D) examines the suitability of existing
22
fraud controls and prioritizes residual fraud
23
risks; and
24
25
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1
(c) BILATERAL COOPERATION REPORTING.—The re-
2 port required by subsection (a) shall include an overview
3 of bilateral cooperation mechanisms and engagements be4 tween the United States Government and the Government
5 of Mexico, such as diplomatic engagements, security as6 sistance programs, technical assistance, and other forms
7 of cooperation that advance the priorities described in sub8 section (b).
9
(d) FORM.—The report and strategy required by sub-
10 section (a) shall be submitted in unclassified form, but
11 may include a classified annex.
12
(e) IMPLEMENTATION REPORT.—Not later than one
13 year after the submission of the report and strategy re14 quired by subsection (a), and annually thereafter for five
15 years, the Secretary of State shall submit to the Com16 mittee on Foreign Relations of the Senate and the Com17 mittee on Foreign Affairs of the House of Representatives
18 a report on the implementation of the strategy.
19
(f) RULE OF CONSTRUCTION REGARDING USE OF
20 MILITARY FORCE AGAINST MEXICO.—Nothing in this sec21 tion may be construed as an authorization for the use of
22 military force against Mexico or any entity within Mexico.
23
24
SEC. 8366. INTERNATIONAL NUCLEAR ENERGY.
(a) SHORT TITLE.—This section may be cited as the
25 ‘‘International Nuclear Energy Act of 2025’’.
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1
(b) DEFINITIONS.—In this section:
2
(1) ADVANCED NUCLEAR REACTOR.—The term
3
‘‘advanced nuclear reactor’’ has the meaning given
4
the term in section 951(b) of the Energy Policy Act
5
of 2005 (42 U.S.C. 16271(b)), except that, for pur-
6
poses of this section, the reference to ‘‘reactors oper-
7
ating on the date of enactment of the Energy Act
8
of 2020’’ in paragraph (1)(A) of that section shall
9
be deemed to read ‘‘reactors operating in the United
10
States on the date of enactment of the Energy Act
11
of 2020’’.
12
13
(2) ALLY
OR PARTNER NATION.—The
term
‘‘ally or partner nation’’ means—
14
(A) the Government of any country that is
15
a member of the Organization for Economic Co-
16
operation and Development;
17
(B) the Government of the Republic of
18
India; and
19
(C) the Government of any country des-
20
ignated as an ally or partner nation by the Sec-
21
retary of State for purposes of this section.
22
(3)
APPROPRIATE
COMMITTEES
OF
CON-
23
GRESS.—The term ‘‘appropriate committees of Con-
24
gress’’ means—
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1
(A) the Committees on Foreign Relations,
2
Homeland Security and Governmental Affairs,
3
and Energy and Natural Resources of the Sen-
4
ate; and
5
(B) the Committees on Foreign Affairs,
6
Science, Space, and Technology, and Energy
7
and Commerce of the House of Representatives.
8
(4) ASSOCIATED ENTITY.—The term ‘‘associ-
9
ated entity’’ means an entity that—
10
(A) is owned, controlled, or operated by—
11
(i) an ally or partner nation; or
12
(ii) an associated individual; or
13
(B) is organized under the laws of, or oth-
14
erwise subject to the jurisdiction of, a country
15
described in paragraph (2), including a corpora-
16
tion that is incorporated in a country described
17
in that paragraph.
18
(5) ASSOCIATED INDIVIDUAL.—The term ‘‘asso-
19
ciated individual’’ means a foreign national who is a
20
national of a country described in paragraph (2).
21
(6) CIVIL NUCLEAR.—The term ‘‘civil nuclear’’
22
means activities, other than atomic energy defense
23
activities, relating to—
24
(A) nuclear plant construction;
25
(B) nuclear fuel services;
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1
(C) nuclear energy financing;
2
(D) nuclear plant operations;
3
(E) nuclear plant regulation;
4
(F) nuclear medicine;
5
(G) nuclear safety;
6
(H) community engagement in areas in
7
reasonable proximity to nuclear sites;
8
9
(I) infrastructure support for nuclear energy;
10
(J) nuclear plant decommissioning;
11
(K) nuclear liability;
12
(L) safe storage and safe disposal of spent
13
nuclear fuel;
14
(M) environmental safeguards;
15
(N) nuclear nonproliferation and security;
16
17
and
(O) technology related to the matters de-
18
scribed in subparagraphs (A) through (N).
19
(7) EMBARKING CIVIL NUCLEAR NATION.—
20
21
(A) IN GENERAL.—The term ‘‘embarking
civil nuclear nation’’ means a country that—
22
23
(i) does not have a civil nuclear energy program;
24
(ii) is in the process of developing or
25
expanding a civil nuclear energy program,
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1
including safeguards and a legal and regu-
2
latory framework, for—
3
(I) nuclear safety;
4
(II) nuclear security;
5
(III) radioactive waste manage-
6
ment;
7
(IV) civil nuclear energy;
8
(V) environmental safeguards;
9
(VI) community engagement in
10
areas in reasonable proximity to nu-
11
clear sites;
12
(VII) nuclear liability; or
13
(VIII) nuclear reactor licensing;
14
(iii) is in the process of selecting, de-
15
veloping, constructing, or utilizing nuclear
16
reactors, including advanced nuclear reac-
17
tors, or advanced civil nuclear technologies;
18
or
19
(iv) is eligible to receive development
20
lending from the World Bank.
21
(B) EXCLUSIONS.—The term ‘‘embarking
22
civil nuclear nation’’ does not include—
23
(i) the People’s Republic of China;
24
(ii) the Russian Federation;
25
(iii) the Republic of Belarus;
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1
(iv) the Islamic Republic of Iran;
2
(v) the Democratic People’s Republic
3
of Korea;
4
(vi) the Republic of Cuba;
5
(vii) the Bolivarian Republic of Ven-
6
ezuela;
7
(viii) Burma; or
8
(ix) any other country—
9
(I) the property or interests in
10
property of the government of which
11
are blocked pursuant to the Inter-
12
national Emergency Economic Powers
13
Act (50 U.S.C. 1701 et seq.); or
14
(II) the government of which the
15
Secretary of State has determined has
16
repeatedly provided support for acts
17
of international terrorism for purposes
18
of—
19
(aa) section 620A(a) of the
20
Foreign Assistance Act of 1961
21
(22 U.S.C. 2371(a));
22
(bb) section 40(d) of the
23
Arms Export Control Act (22
24
U.S.C. 2780(d));
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1
(cc) section 1754(c)(1)(A)(i)
2
of the Export Control Reform
3
Act
4
4813(c)(1)(A)(i)); or
5
2018
(50
U.S.C.
(dd) any other relevant pro-
6
vision of law.
7
8
of
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
9
(9) SPENT NUCLEAR FUEL.—The term ‘‘spent
10
nuclear fuel’’ has the meaning given the term in sec-
11
tion 2 of the Nuclear Waste Policy Act of 1982 (42
12
U.S.C. 10101).
13
(10) UNITED STATES NUCLEAR ENERGY COM-
14
PANY.—The
15
company’’ means a company that—
term ‘‘United States nuclear energy
16
(A) is organized under the laws of, or oth-
17
erwise subject to the jurisdiction of, the United
18
States; and
19
(B) is involved in the nuclear energy indus-
20
21
try.
(c) NUCLEAR EXPORTS WORKING GROUP.—
22
(1) ESTABLISHMENT.—There is established a
23
working group, to be known as the ‘‘Nuclear Ex-
24
ports Working Group’’ (referred to in this subsection
25
as the ‘‘working group’’).
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1
2
(2) COMPOSITION.—The working group shall be
composed of—
3
(A) senior-level Federal officials, selected
4
internally by the applicable Federal agency or
5
organization, from any Federal agency or orga-
6
nization that the President determines to be ap-
7
propriate; and
8
(B) other senior-level Federal officials, se-
9
lected internally by the applicable Federal agen-
10
cy or organization, from any other Federal
11
agency or organization that the Secretary deter-
12
mines to be appropriate.
13
(3) REPORTING.—The working group shall re-
14
port to the President or 1 or more Federal officials
15
designated by the President, if applicable.
16
(4) DUTIES.—The working group shall coordi-
17
nate, not less frequently than quarterly, with the
18
Civil Nuclear Trade Advisory Committee of the De-
19
partment of Commerce, the Nuclear Energy Advi-
20
sory Committee of the Department of Energy, and
21
other advisory or stakeholder groups, as necessary,
22
to maintain an accurate and up-to-date knowledge of
23
the standing of civil nuclear exports from the United
24
States, including with respect to meeting the targets
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established as part of the 10-year civil nuclear trade
2
strategy described in paragraph (5)(A).
3
(5) STRATEGY.—
4
(A) IN GENERAL.—Not later than 1 year
5
after the date of enactment of this Act, the
6
working group shall establish a 10-year civil nu-
7
clear trade strategy, including biennial targets
8
for the export of civil nuclear technologies, in-
9
cluding light water and non-light water reactors
10
and associated equipment and technologies, civil
11
nuclear materials, and nuclear fuel that align
12
with meeting international energy demand while
13
seeking to avoid or reduce emissions and pre-
14
vent the dissemination of nuclear technology,
15
materials, and weapons to adversarial nations
16
and terrorist groups.
17
(B) COLLABORATION REQUIRED.—In es-
18
tablishing the strategy under subparagraph (A),
19
the working group shall collaborate with—
20
(i) any Federal department or agency
21
that the President determines to be appro-
22
priate; and
23
(ii) representatives of private industry
24
and experts in nuclear security and risk re-
25
duction, as appropriate.
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1
2
(d) ENGAGEMENT WITH ALLY OR PARTNER NATIONS.—
3
(1) IN GENERAL.—The President shall launch,
4
in accordance with applicable nuclear technology ex-
5
port laws (including regulations), an international
6
initiative to modernize the civil nuclear outreach to
7
embarking civil nuclear nations.
8
(2) FINANCING.—
9
(A) IN GENERAL.—In carrying out the ini-
10
tiative described in paragraph (1), the Presi-
11
dent, acting through an appropriate Federal of-
12
ficial, and in coordination with the officials de-
13
scribed in subparagraph (B), may, if the Presi-
14
dent determines to be appropriate, seek to es-
15
tablish cooperative financing relationships for
16
the export of civil nuclear technology, compo-
17
nents, materials, and infrastructure to embark-
18
ing civil nuclear nations.
19
20
(B) OFFICIALS DESCRIBED.—The officials
referred to in subparagraph (A) are—
21
(i) appropriate officials of any Federal
22
agency that the President determines to be
23
appropriate; and
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1
(ii) appropriate officials representing
2
foreign countries and governments, includ-
3
ing—
4
(I) ally or partner nations;
5
(II) embarking civil nuclear na-
6
tions; and
7
(III) any other country or gov-
8
ernment that the President , in con-
9
sultation with the officials described
10
in clause (i), determines to be appro-
11
priate.
12
13
(3) ACTIVITIES.—In carrying out the initiative
described in paragraph (1), the President shall—
14
(A) assist nongovernmental organizations,
15
the Department of Energy, and other relevant
16
Federal departments and agencies in the provi-
17
sion of education and training to foreign gov-
18
ernments in nuclear safety, security, and safe-
19
guards—
20
21
(i) through engagement with the
International Atomic Energy Agency; or
22
(ii) independently, if the applicable
23
entity determines that it would be more
24
advantageous under the circumstances to
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provide the applicable education and train-
2
ing independently;
3
(B) assist the efforts of the International
4
Atomic Energy Agency to expand the support
5
provided by the International Atomic Energy
6
Agency to embarking civil nuclear nations for
7
nuclear safety, security, and safeguards;
8
(C) coordinate with appropriate Federal
9
departments and agencies on efforts to expand
10
outreach to the private investment community
11
and establish public-private financing relation-
12
ships that enable the adoption of civil nuclear
13
technologies by embarking civil nuclear nations,
14
including through exports from the United
15
States;
16
(D) seek to better coordinate, to the max-
17
imum extent practicable, the work carried out
18
by any Federal agency that the President deter-
19
mines to be appropriate; and
20
(E) coordinate with the Export-Import
21
Bank of the United States to improve the effi-
22
cient and effective exporting of civil nuclear
23
technologies and materials.
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1
(e) COOPERATIVE FINANCING RELATIONSHIPS WITH
2 ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NU3
CLEAR NATIONS.—
4
(1) IN
GENERAL.—The
President shall des-
5
ignate an appropriate White House official to coordi-
6
nate with the officials described in subsection
7
(d)(2)(B) to develop, as the President determines to
8
be appropriate, financing relationships with ally or
9
partner nations to assist in the adoption of civil nu-
10
clear technologies exported from the United States
11
or ally or partner nations to embarking civil nuclear
12
nations.
13
(2)
14
CLAUSES.—
UNITED
STATES
COMPETITIVENESS
15
(A) DEFINITION OF UNITED STATES COM-
16
PETITIVENESS CLAUSE.—In this paragraph, the
17
term ‘‘United States competitiveness clause’’
18
means any United States competitiveness provi-
19
sion in any agreement entered into by the De-
20
partment of Energy, including—
21
(i) a cooperative agreement;
22
(ii) a cooperative research and devel-
23
opment agreement; and
24
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(iii) a patent waiver.
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1
(B) CONSIDERATION.—In carrying out
2
paragraph (1), the relevant officials described
3
in that paragraph shall consider the impact of
4
United States competitiveness clauses on any fi-
5
nancing relationships entered into or proposed
6
to be entered into under that paragraph.
7
(C) WAIVER.—The Secretary shall facili-
8
tate waivers of United States competitiveness
9
clauses as necessary to facilitate financing rela-
10
tionships with ally or partner nations under
11
paragraph (1).
12
(f) COOPERATION WITH ALLY OR PARTNER NATIONS
13
ON ADVANCED NUCLEAR REACTOR DEMONSTRATION AND
14 COOPERATIVE RESEARCH FACILITIES FOR CIVIL NU15
CLEAR ENERGY.—
16
(1) IN GENERAL.—Not later than 2 years after
17
the date of enactment of this Act, the Secretary of
18
State, in coordination with the Secretary and the
19
Secretary of Commerce, shall conduct bilateral and
20
multilateral meetings with not fewer than 5 ally or
21
partner nations, with the aim of enhancing nuclear
22
energy cooperation among those ally or partner na-
23
tions and the United States, for the purpose of de-
24
veloping collaborative relationships with respect to
25
research, development, licensing, and deployment of
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advanced nuclear reactor technologies for civil nu-
2
clear energy.
3
4
(2) REQUIREMENT.—The meetings described in
paragraph (1) shall include—
5
(A) a focus on cooperation to demonstrate
6
and deploy advanced nuclear reactors, with an
7
emphasis on United States nuclear energy com-
8
panies, during the 10-year period beginning on
9
the date of enactment of this Act to provide op-
10
tions for addressing energy security and envi-
11
ronmental impacts; and
12
(B) a focus on developing a memorandum
13
of understanding or any other appropriate
14
agreement between the United States and ally
15
or partner nations with respect to—
16
(i) the demonstration and deployment
17
of advanced nuclear reactors; and
18
(ii) the development of cooperative re-
19
search facilities.
20
(3)
FINANCING
ARRANGEMENTS.—In
con-
21
ducting the meetings described in paragraph (1), the
22
Secretary of State, in coordination with the Sec-
23
retary, the Secretary of Commerce, and the heads of
24
other relevant Federal agencies and only after initial
25
consultation with the appropriate committees of
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Congress, shall seek to develop financing arrange-
2
ments to share the costs of the demonstration and
3
deployment of advanced nuclear reactors and the de-
4
velopment of cooperative research facilities with the
5
ally or partner nations participating in those meet-
6
ings.
7
(g) INTERNATIONAL CIVIL NUCLEAR ENERGY CO-
8
OPERATION.—Section 959B of the Energy Policy Act of
9 2005 (42 U.S.C. 16279b) is amended—
10
(1) in the matter preceding paragraph (1), by
11
striking ‘‘The Secretary’’ and inserting the fol-
12
lowing:
13
‘‘(a) IN GENERAL.—The Secretary’’;
14
15
(2) in subsection (a) (as so designated)—
(A) in paragraph (1)—
16
(i) by striking ‘‘financing,’’; and
17
(ii) by striking ‘‘and’’ after the semi-
18
colon at the end;
19
(B) in paragraph (2)—
20
21
(i) in subparagraph (A), by striking
‘‘preparations for’’; and
22
(ii) in subparagraph (C)(v), by strik-
23
ing the period at the end and inserting a
24
semicolon; and
25
(C) by adding at the end the following:
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‘‘(3) to support, with the concurrence of the
2
Secretary of State, the safe, secure, and peaceful use
3
of civil nuclear technology in countries developing
4
nuclear energy programs, with a focus on countries
5
that have increased civil nuclear cooperation with
6
the Russian Federation or the People’s Republic of
7
China; and
8
‘‘(4) to promote the fullest utilization of the re-
9
actors, fuel, equipment, services, and technology of
10
United States nuclear energy companies (as defined
11
in subsection (b) of the International Nuclear En-
12
ergy Act of 2025) in civil nuclear energy programs
13
outside the United States through—
14
‘‘(A) bilateral and multilateral arrange-
15
ments developed and executed with the concur-
16
rence of the Secretary of State that contain
17
commitments for the utilization of the reactors,
18
fuel, equipment, services, and technology of
19
United States nuclear energy companies (as de-
20
fined in that subsection);
21
‘‘(B) the designation of 1 or more United
22
States nuclear energy companies (as defined in
23
that subsection) to implement an arrangement
24
under subparagraph (A) if the Secretary deter-
25
mines that the designation is necessary and ap-
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1
propriate to achieve the objectives of this sec-
2
tion; and
3
‘‘(C) the waiver of any provision of law re-
4
lating to competition with respect to any activ-
5
ity related to an arrangement under subpara-
6
graph (A) if the Secretary, in consultation with
7
the Attorney General and the Secretary of
8
Commerce, determines that a waiver is nec-
9
essary and appropriate to achieve the objectives
10
of this section.’’; and
11
(3) by adding at the end the following:
12
‘‘(b) REQUIREMENTS.—The program under sub-
13 section (a) shall be supported in consultation with the Sec14 retary of State and implemented by the Secretary—
15
‘‘(1) to facilitate, to the maximum extent prac-
16
ticable, workshops and expert-based exchanges to en-
17
gage industry, stakeholders, and foreign govern-
18
ments with respect to international civil nuclear
19
issues, such as—
20
‘‘(A) training;
21
‘‘(B) financing;
22
‘‘(C) safety;
23
‘‘(D) security;
24
‘‘(E) safeguards;
25
‘‘(F) liability;
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1
‘‘(G) advanced fuels;
2
‘‘(H) operations; and
3
‘‘(I) options for multinational cooperation
4
with respect to the disposal of spent nuclear
5
fuel (as defined in section 2 of the Nuclear
6
Waste Policy Act of 1982 (42 U.S.C. 10101));
7
and
8
‘‘(2) in coordination with any Federal agency
9
that the President determines to be appropriate.
10
‘‘(c)
AUTHORIZATION
OF
APPROPRIATIONS.—Of
11 funds authorized to be appropriated or otherwise made
12 available to the Secretary to carry out activities related
13 to international civil nuclear energy cooperation, there is
14 authorized to be appropriated for each of fiscal years 2026
15 through 2030 up to $15,500,000 to carry out this sec16 tion.’’.
17
18
(h) INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.—
19
(1) IN GENERAL.—Not later than 120 days
20
after the date of enactment of this Act, the Sec-
21
retary of State, in coordination with the Secretary
22
and 1 or more other Federal officials designated by
23
the President, if applicable, shall launch an inter-
24
national initiative (referred to in this subsection as
25
the ‘‘initiative’’) to provide financial assistance to,
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2872
1
and facilitate the building of technical capacities by,
2
in accordance with this subsection, embarking civil
3
nuclear nations for activities relating to the develop-
4
ment of civil nuclear energy programs.
5
(2) FINANCIAL ASSISTANCE.—
6
(A) IN GENERAL.—In carrying out the ini-
7
tiative, the Secretary of State, in coordination
8
with the Secretary and 1 or more other Federal
9
officials designated by the President, if applica-
10
ble, is authorized to award grants of financial
11
assistance
12
$5,500,000 to embarking civil nuclear nations
13
in accordance with this paragraph—
in
amounts
not
greater
than
14
(i) for activities relating to the devel-
15
opment of civil nuclear energy programs;
16
and
17
(ii) to facilitate the building of tech-
18
nical capacities for those activities.
19
(B)
LIMITATIONS.—The
Secretary
of
20
State, in coordination with the Secretary and 1
21
or more other Federal officials designated by
22
the President, if applicable, may award—
23
(i) not more than 1 grant of financial
24
assistance under subparagraph (A) to any
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1 embarking civil nuclear nation each fiscal
2
year; and
3
(ii) not more than a total of 5 grants
4
of financial assistance under subparagraph
5
(A) to any 1 embarking civil nuclear na-
6
tion.
7
(3) SENIOR ADVISORS.—
8
(A) IN GENERAL.—In carrying out the ini-
9
tiative, the Secretary of State, in coordination
10
with the Secretary and 1 or more other Federal
11
officials designated by the President, if applica-
12
ble, is authorized to provide financial assistance
13
to an embarking civil nuclear nation for the
14
purpose of contracting with a United States nu-
15
clear energy company to hire 1 or more senior
16
advisors to assist the embarking civil nuclear
17
nation in establishing a civil nuclear program.
18
(B) REQUIREMENT.—A senior advisor de-
19
scribed in subparagraph (A) shall have relevant
20
experience and qualifications to advise the em-
21
barking civil nuclear nation on, and facilitate on
22
behalf of the embarking civil nuclear nation, 1
23
or more of the following activities:
24
25
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(i) The development of financing relationships.
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2874
1
(ii) The development of a standard-
2
ized financing and project management
3
framework for the construction of nuclear
4
power plants.
5
6
(iii) The development of a standardized licensing framework for—
7
(I) light water civil nuclear tech-
8
nologies; and
9
(II) non-light water civil nuclear
10
technologies and advanced nuclear re-
11
actors.
12
(iv) The identification of qualified or-
13
ganizations and service providers.
14
(v) The identification of funds to sup-
15
port payment for services required to de-
16
velop a civil nuclear program.
17
(vi) Market analysis.
18
(vii) The identification of the safety,
19
security, safeguards, and nuclear govern-
20
ance required for a civil nuclear program.
21
(viii) Risk allocation, risk manage-
22
ment, and nuclear liability.
23
24
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(ix) Technical assessments of nuclear
reactors and technologies.
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1
(x) The identification of actions nec-
2
essary to participate in a global nuclear li-
3
ability regime based on the Convention on
4
Supplementary Compensation for Nuclear
5
Damage, with Annex, done at Vienna Sep-
6
tember 12, 1997 (TIAS 15–415).
7
(xi) Stakeholder engagement.
8
(xii) Management of spent nuclear
9
fuel and nuclear waste.
10
(xiii) Any other major activities to
11
support the establishment of a civil nuclear
12
program, such as the establishment of ex-
13
port, financing, construction, training, op-
14
erations, and education requirements.
15
(C) CLARIFICATION.—Financial assistance
16
under this paragraph is authorized to be pro-
17
vided to an embarking civil nuclear nation in
18
addition to any financial assistance provided to
19
that embarking civil nuclear nation under para-
20
graph (2).
21
(4) LIMITATION ON ASSISTANCE TO EMBARKING
22
CIVIL NUCLEAR NATIONS.—Not
23
after the date of enactment of this Act, the Offices
24
of the Inspectors General for the Department of
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later than 1 year
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2876
1
State and the Department of Energy shall coordi-
2
nate—
3
(A) to establish and submit to the appro-
4
priate committees of Congress a joint strategic
5
plan to conduct comprehensive oversight of ac-
6
tivities authorized under this subsection to pre-
7
vent fraud, waste, and abuse; and
8
(B) to engage in independent and effective
9
oversight of activities authorized under this
10
subsection through joint or individual audits,
11
inspections, investigations, or evaluations.
12
(5) AUTHORIZATION OF APPROPRIATIONS.—Of
13
funds authorized to be appropriated or otherwise
14
made available to carry out international civil nu-
15
clear energy cooperation, there is authorized to be
16
appropriated to the Secretary of State for fiscal
17
years 2026 through 2030 up to $50,000,000 to
18
carry out this subsection.
19
(i) BIENNIAL CABINET-LEVEL INTERNATIONAL CON-
20
FERENCE
21
GUARDS, AND SUSTAINABILITY.—
ON
NUCLEAR SAFETY, SECURITY, SAFE-
22
(1) IN GENERAL.—The President, in coordina-
23
tion with international partners, as determined by
24
the President, and industry, shall hold a biennial
25
conference on civil nuclear safety, security, safe-
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1
guards, and sustainability (referred to in this sub-
2
section as a ‘‘conference’’).
3
4
(2) CONFERENCE FUNCTIONS.—It is the sense
of Congress that each conference should—
5
(A) be a forum in which ally or partner na-
6
tions may engage with each other for the pur-
7
pose of reinforcing the commitment to—
8
9
(i) nuclear safety, security, safeguards, and sustainability;
10
11
(ii)
nonproliferation
and
environ-
mental safeguards; and
12
(iii) local community engagement in
13
areas in reasonable proximity to nuclear
14
sites;
15
(B) facilitate—
16
(i) the development of—
17
(I) joint commitments and goals
18
to improve—
19
(aa) nuclear safety, security,
20
safeguards, and sustainability;
21
(bb)
22
guards; and
environmental
safe-
23
(cc) local community en-
24
gagement in areas in reasonable
25
proximity to nuclear sites;
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1
(II) cooperative financing rela-
2
tionships to promote competitive alter-
3
natives to Chinese and Russian fi-
4
nancing;
5
(III) a standardized financing
6
and project management framework
7
for the construction of civil nuclear
8
power plants;
9
(IV) a strategy to change inter-
10
nal policies of multinational develop-
11
ment banks, such as the World Bank,
12
to support the financing of civil nu-
13
clear projects;
14
(V) a document containing any
15
lessons learned from countries that
16
have partnered with the Russian Fed-
17
eration or the People’s Republic of
18
China with respect to civil nuclear
19
power, including any detrimental out-
20
comes resulting from that partner-
21
ship; and
22
(VI) a global civil nuclear liability
23
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1
(ii) cooperation for enhancing the
2
overall aspects of civil nuclear power, such
3
as—
4
(I) nuclear safety, security, safe-
5
guards, and sustainability;
6
(II) nuclear laws (including regu-
7
lations);
8
(III) waste management;
9
(IV) quality management sys-
10
tems;
11
(V) technology transfer;
12
(VI) human resources develop-
13
ment;
14
(VII) localization;
15
(VIII) reactor operations;
16
(IX) nuclear liability; and
17
(X) decommissioning; and
18
(iii) the development and determina-
19
tion of the mechanisms described in sub-
20
paragraphs (G) and (H) of subsection
21
(j)(1), if the President intends to establish
22
an Advanced Reactor Coordination and
23
Resource Center as described in that sub-
24
section;
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1
(C) strengthen the international institu-
2
tions that support nuclear safety, security, safe-
3
guards, and sustainability; and
4
(D) foster enhanced international coordina-
5
tion on licensing frameworks for civil nuclear
6
technologies.
7
(3) INPUT
FROM
INDUSTRY
AND
GOVERN-
8
MENT.—It is the sense of Congress that each con-
9
ference should include a meeting that convenes nu-
10
clear industry leaders and leaders of government
11
agencies with expertise relating to nuclear safety, se-
12
curity, safeguards, or sustainability to discuss best
13
practices relating to—
14
(A) the safe and secure use, storage, and
15
transport of nuclear and radiological materials;
16
(B) managing the evolving cyber threat to
17
nuclear and radiological security; and
18
(C) the role that the nuclear industry
19
should play in nuclear and radiological safety,
20
security, and safeguards, including with respect
21
to the safe and secure use, storage, and trans-
22
port of nuclear and radiological materials, in-
23
cluding spent nuclear fuel and nuclear waste.
24
(j) ADVANCED REACTOR COORDINATION AND RE-
25
SOURCE CENTER.—
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(1) IN GENERAL.—The President shall consider
2
the feasibility of leveraging existing activities or
3
frameworks or, as necessary, establishing a center,
4
to be known as the ‘‘Advanced Reactor Coordination
5
and Resource Center’’ (referred to in this subsection
6
as the ‘‘Center’’), for the purposes of—
7
8
(A) identifying qualified organizations and
service providers—
9
10
(i) for embarking civil nuclear nations;
11
(ii) to develop and assemble docu-
12
ments, contracts, and related items re-
13
quired to establish a civil nuclear program;
14
and
15
(iii) to develop a standardized model
16
for the establishment of a civil nuclear pro-
17
gram that can be used by the International
18
Atomic Energy Agency;
19
(B) coordinating with countries partici-
20
pating in the Center and with the Nuclear Ex-
21
ports Working Group established under sub-
22
section (c)—
23
(i) to identify funds to support pay-
24
ment for services required to develop a civil
25
nuclear program;
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1
(ii) to provide market analysis; and
2
(iii) to create—
3
(I) project structure models;
4
(II) models for electricity market
5
analysis;
6
(III) models for nonelectric appli-
7
cations market analysis; and
8
(IV) financial models;
9
(C) fostering the safety, security, safe-
10
guards, and nuclear governance required for a
11
civil nuclear program;
12
(D) supporting multinational standards or
13
guidance on nuclear safety, security, and safe-
14
guards to be developed by countries with civil
15
nuclear programs and experience;
16
(E) developing and strengthening commu-
17
nications, engagement, and consensus-building;
18
(F) carrying out any other major activities
19
to support export, financing, education, con-
20
struction, training, and education requirements
21
relating to the establishment of a civil nuclear
22
program;
23
24
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December 7, 2025 (12:02 p.m.)
(G) developing mechanisms for how to
fund and staff the Center; and
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2883
1
(H) determining mechanisms for the selec-
2
tion of the location or locations of the Center.
3
(2) OBJECTIVE.—The President shall carry out
4
paragraph (1) with the objective of establishing the
5
Center if the President determines that it is feasible
6
to do so.
7
(k) STRATEGIC INFRASTRUCTURE FUND WORKING
8 GROUP.—
9
(1) ESTABLISHMENT.—There is established a
10
working group, to be known as the ‘‘Strategic Infra-
11
structure Fund Working Group’’ (referred to in this
12
subsection as the ‘‘working group’’) to provide input
13
on the feasibility of establishing a program to sup-
14
port strategically important capital-intensive infra-
15
structure projects.
16
17
(2) COMPOSITION.—The working group shall be
composed of—
18
(A) senior-level Federal officials, selected
19
by the head of the applicable Federal agency or
20
organization, from any Federal agency or orga-
21
nization that the President determines to be ap-
22
propriate;
23
(B) other senior-level Federal officials, se-
24
lected by the head of the applicable Federal
25
agency or organization, from any other Federal
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1
agency or organization that the Secretary deter-
2
mines to be appropriate; and
3
(C) any senior-level Federal official se-
4
lected by the President or 1 or more Federal of-
5
ficials designated by the President from any
6
Federal agency or organization.
7
(3) REPORTING.—The working group shall re-
8
port to the National Security Council.
9
(4) DUTIES.—The working group shall—
10
(A) provide direction and advice to the of-
11
ficials described in subsection (d)(2)(B)(i) and
12
appropriate Federal agencies, as determined by
13
the working group, with respect to the feasi-
14
bility of establishing a Strategic Infrastructure
15
Fund (referred to in this paragraph as the
16
‘‘Fund’’) to be used—
17
18
(i) to support those aspects of projects
relating to—
19
(I) civil nuclear technologies; and
20
(II) microprocessors; and
21
(ii) for strategic investments identified
22
by the working group; and
23
(B) address critical areas in determining
24
the appropriate design for the Fund, includ-
25
ing—
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1
(i) transfer of assets to the Fund;
2
(ii) transfer of assets from the Fund;
3
(iii) how assets in the Fund should be
4
invested; and
5
6
7
(iv) governance and implementation of
the Fund.
(5) BRIEFING AND REPORT REQUIRED.—
8
(A) BRIEFING.—Not later than 180 days
9
after the date of enactment of this Act, the
10
working group shall brief the committees de-
11
scribed in subparagraph (C) on the status of
12
the development of the processes necessary to
13
implement this subsection.
14
(B) REPORT.—Not later than 1 year after
15
the date of the enactment of this Act, the work-
16
ing group shall submit to the committees de-
17
scribed in subparagraph (C) a report on the
18
findings of the working group that includes sug-
19
gested legislative text for how to establish and
20
structure a Strategic Infrastructure Fund or an
21
assessment of why the establishment of the
22
Fund is not feasible.
23
(C) COMMITTEES DESCRIBED.—The com-
24
mittees referred to in subparagraphs (A) and
25
(B) are—
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1
(i) the Committee on Foreign Rela-
2
tions,
3
Science, and Transportation, the Com-
4
mittee on Armed Services, the Committee
5
on Energy and Natural Resources, the
6
Committee on Environment and Public
7
Works, the Committee on Finance, and the
8
Committee on Appropriations of the Sen-
9
ate; and
the
Committee
on
Commerce,
10
(ii) the Committee on Foreign Affairs,
11
the Committee on Energy and Commerce,
12
the Committee on Armed Services, the
13
Committee on Science, Space, and Tech-
14
nology, the Committee on Ways and
15
Means, and the Committee on Appropria-
16
tions of the House of Representatives.
17
(l) JOINT ASSESSMENT BETWEEN
THE
UNITED
18 STATES AND INDIA ON NUCLEAR LIABILITY RULES.—
19
(1) IN GENERAL.—The Secretary of State, in
20
consultation with the heads of other relevant Federal
21
departments and agencies, shall establish and main-
22
tain within the United States-India Strategic Secu-
23
rity Dialogue a joint consultative mechanism with
24
the Government of the Republic of India that con-
25
venes on a recurring basis—
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2887
1
(A) to assess the implementation of the
2
Agreement for Cooperation between the Govern-
3
ment of the United States of America and the
4
Government of India Concerning Peaceful Uses
5
of Nuclear Energy, signed at Washington Octo-
6
ber 10, 2008 (TIAS 08–1206);
7
(B) to discuss opportunities for the Repub-
8
lic of India to align domestic nuclear liability
9
rules with international norms; and
10
(C) to develop a strategy for the United
11
States and the Republic of India to pursue bi-
12
lateral and multilateral diplomatic engagements
13
related to analyzing and implementing those op-
14
portunities.
15
(2) REPORT.—Not later than 180 days after
16
the date of the enactment of this Act, and annually
17
thereafter for 5 years, the Secretary of State, in con-
18
sultation with the heads of other relevant Federal
19
departments and agencies, shall submit to the ap-
20
propriate committees of Congress a report that de-
21
scribes the joint assessment developed pursuant to
22
paragraph (1)(A).
23
(m) SECTION 123 AGREEMENTS.—
24
25
(1) IN
shall—
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GENERAL.—The
Secretary of State
G:\CMTE\AS\26\C\RCP.XML
2888
1
(A) pursue, where in the interest of the
2
United States, renegotiation or renewal of
3
agreements for cooperation pursuant to section
4
123 of the Atomic Energy Act of 1954 (42
5
U.S.C. 2153) (commonly referred to, and re-
6
ferred to in this subsection, as ‘‘section 123
7
agreements’’) that are scheduled to expire be-
8
fore the date that is 10 years after the date of
9
enactment of this Act; and
10
(B) pursue, in any renegotiated or new
11
section 123 agreements, agreements that ad-
12
here to the highest standards of safety, secu-
13
rity, and nonproliferation.
14
(2) REPORT.—
15
(A) IN GENERAL.—Not later than 1 year
16
after the date of enactment of this Act, the Sec-
17
retary of State shall submit to the Committee
18
on Foreign Relations of the Senate and the
19
Committee on Foreign Affairs of the House of
20
Representatives a report that describes United
21
States diplomatic engagement and negotiations
22
for section 123 agreements.
23
24
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(B) INCLUSIONS.—The report required by
paragraph (1) shall include—
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2889
1
(i) an updated list of all countries the
2
Secretary of State with which is pursuing
3
or has pursued section 123 agreements
4
during the 1-year period ending on the
5
date of submission of the report; and
6
(ii) an analysis of current trends of
7
global competition in the civil nuclear
8
sphere with the Russian Federation and
9
the People’s Republic of China up and
10
down the supply chain, including—
11
(I) the participation of those
12
countries in global nuclear fuel mar-
13
kets; and
14
(II) trends in the participation of
15
the People’s Republic of China in
16
those markets.
17
(n) PROGRAM TO ENHANCE GLOBAL COMPETITIVE-
18
NESS.—The Secretary, in consultation with the relevant
19 heads of other Federal departments and agencies, shall
20 implement a program to enhance the global competitive21 ness of United States persons (as defined in section
22 1637(d) of the Carl Levin and Howard P. ‘‘Buck’’
23 McKeon National Defense Authorization Act for Fiscal
24 Year 2015 (50 U.S.C. 1708(d))) who are nuclear sup-
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December 7, 2025 (12:02 p.m.)
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1 pliers, investors, or lenders to compete for nuclear projects
2 in foreign countries, including—
3
(1) expediting the conclusion of intergovern-
4
mental agreements on nuclear energy and the fuel
5
supply chain with potential export countries;
6
(2) promoting broad adherence to the Conven-
7
tion on Supplementary Compensation for Nuclear
8
Damage, with Annex, done at Vienna September 12,
9
1997 (TIAS 15–415); and
10
(3) encouraging favorable decisions by potential
11
partner countries on the use of nuclear technology,
12
fuel supplies, equipment, and services from the
13
United States.
14
(o) ROSATOM.—
15
16
(1) STATEMENT OF POLICY.—It shall be the
policy of the United States—
17
(A) to work with allies and partners to
18
identify alternative nuclear energy suppliers to
19
Russia to end the reliance of those allies and
20
partners on Rosatom;
21
(B) to promote United States nuclear en-
22
ergy exports and prioritize engagement in coun-
23
tries where Rosatom is present;
24
25
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(C)
to
condemn
the
involvement
of
Rosatom in Russia’s war of aggression against
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2891
1
Ukraine and the role of Rosatom in endan-
2
gering nuclear safety at the Zaporizhzhia Nu-
3
clear Power Plant;
4
(D) to limit the exploitation of Rosatom by
5
the Russian Federation as a tool of malign in-
6
fluence;
7
(E) to end United States reliance on the
8
Russian nuclear energy sector; and
9
(F) to protect national security interests
10
by United States civil nuclear partnerships and
11
exports and to protect the national security in-
12
terests of the United States.
13
(2) STRATEGY.—Not later than 180 days after
14
the date of enactment of this Act, the Secretary of
15
State, in consultation with the Secretary of Energy,
16
shall submit to the appropriate committees of Con-
17
gress a strategy—
18
(A) to promote United States nuclear en-
19
ergy exports and United States nuclear energy
20
companies, especially in nations where Rosatom
21
is present;
22
(B) to utilize the tools available to the
23
United States government to discourage civil
24
nuclear nations from partnering with Rosatom;
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1
(C) to identify what is necessary to effect
2
a permanent decoupling of the United States
3
from the Russian nuclear industry; and
4
(D) to succeed Rosatom as the primary en-
5
tity that can provide reactor safety and oper-
6
ation services to the existing Rosatom and Rus-
7
sian-designed and constructed nuclear reactor
8
fleet.
9
(3) FORM.—The strategy required to be sub-
10
mitted under paragraph (2) shall be submitted in
11
unclassified form, but may contain a classified
12
annex.
13
(p) SAVINGS PROVISIONS.—
14
(1) SAVINGS PROVISION REGARDING SECTION
15
123 AGREEMENTS.—Except
16
this section, nothing in this section alters or other-
17
wise affects the interpretation or implementation of
18
section 123 of the Atomic Energy Act of 1954 (42
19
U.S.C. 2153) or any other provision of law, includ-
20
ing the requirement that agreements pursuant to
21
that section be submitted to Congress for consider-
22
ation.
23
24
as expressly stated in
(2) SAVINGS PROVISION REGARDING AUTHORITIES
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OF
THE
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NUCLEAR
REGULATORY
COMMIS-
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2893
1
SION.—Nothing in this section affects the authori-
2
ties of the Nuclear Regulatory Commission.
3
(q) SUNSET.—This section and the amendments
4 made by this section shall cease to have effect on the date
5 that is 20 years after the date of enactment of this Act.
6
SEC. 8367. STRATEGY TO RESPOND TO GLOBAL BASES OF
7
8
THE PEOPLE’S REPUBLIC OF CHINA.
(a) ASSESSMENT.—
9
(1) IN GENERAL.—Not later than 180 days
10
after the date of the enactment of this Act, the Di-
11
rector of National Intelligence shall submit to the
12
appropriate congressional committees an intelligence
13
assessment analyzing the risk posed by PRC global
14
bases and potential PRC global bases identified pur-
15
suant to subsection (b)(2)(A) to the ability of the
16
United States or any United States ally to project
17
power, maintain freedom of movement, and protect
18
other interests.
19
(2) FORM.—The assessment required in this
20
subsection may be submitted in classified form.
21
(b) STRATEGY.—
22
(1) IN GENERAL.—Not later than 180 days
23
after the date of the enactment of this Act, the Sec-
24
retary of State, in coordination with the Secretary of
25
Defense and other appropriate senior Federal offi-
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2894
1
cials, shall submit to the appropriate congressional
2
committees the strategy described in paragraph (2).
3
(2) CONTENTS.—The strategy described in this
4
paragraph shall—
5
(A) identify, of the locations where the
6
PRC maintains or is suspected to be seeking a
7
physical presence and that could transition into
8
PRC global bases, not fewer than 5 locations
9
that pose the greatest risk to the ability of the
10
United States or any United States ally to
11
project power, maintain freedom of movement,
12
and protect other interests;
13
(B) include a comprehensive list of execu-
14
tive branch entities involved in addressing as-
15
pects of PRC global base establishment, includ-
16
ing estimated programmatic and personal re-
17
source requirements on an agency-by-agency
18
basis to effectively address the issue of potential
19
PRC global base establishment, and any rel-
20
evant resource constraints;
21
(C) describe in detail all executive branch
22
efforts to mitigate the impacts to the national
23
interests of the United States and partner
24
countries of the locations described in subpara-
25
graph (A) and prevent the establishment of
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2895
1
PRC global bases, including with resources de-
2
scribed pursuant to subparagraph (B); and
3
(D) for each of the locations identified pur-
4
suant to subparagraph (A), identify the actions
5
by the United States or United States allies
6
that would be most effective in ensuring that
7
the government of the country in which such lo-
8
cation is located does not host a PRC global
9
base.
10
(c) TASK FORCE.—Not later than 90 days after the
11 submission of the strategy required in subsection (b), the
12 Secretary of State, in coordination with the Secretary of
13 Defense and other appropriate senior Federal officials,
14 shall establish an interagency task force—
15
(1) to implement such strategy to counter the
16
PRC’s efforts to establish PRC global bases at the
17
locations identified pursuant to subsection (b)(2)(A);
18
and
19
(2) to identify mitigation measures that would
20
prevent the PRC from establishing PRC global bases
21
in locations other than the locations identified pur-
22
suant to subsection (b)(2)(A).
23
(d) QUADRENNIAL REVIEWS AND REPORTS.—Not
24 later than 4 years after the submission of the strategy re25 quired in subsection (b), and not less frequently than once
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2896
1 every 4 years thereafter, the Secretary of State, in coordi2 nation with the Secretary of Defense, the Director of Na3 tional Intelligence, and other appropriate senior Federal
4 officials, shall—
5
(1) conduct a review of the Executive Branch’s
6
strategy and overall approach in response to efforts
7
by the PRC to establish PRC global bases; and
8
(2) submit to the appropriate congressional
9
committees the results of such review and the up-
10
dated information described in subsection (b)(2).
11
(e) DEFINITIONS.—In this section:
12
(1) APPROPRIATE
13
TEES.—The
14
mittees’’ means—
15
16
17
18
19
20
21
22
23
24
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December 7, 2025 (12:02 p.m.)
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
(A) the Committee on Foreign Relations of
the Senate;
(B) the Committee on Armed Services of
the Senate;
(C) the Select Committee on Intelligence of
the Senate;
(D) the Committee on Appropriations of
the Senate;
(E) the Committee on Foreign Affairs of
the House of Representatives;
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1
(F) the Committee on Armed Services of
2
the House of Representatives;
3
(G) the Permanent Select Committee on
4
Intelligence of the House of Representatives;
5
and
6
(H) the Committee on Appropriations of
7
the House of Representatives.
8
(2) PRC.—The term ‘‘PRC’’ means the Peo-
9
ple’s Republic of China.
10
(3) PRC GLOBAL BASE.—The term ‘‘PRC glob-
11
al base’’ means a physical location outside of the
12
PRC where the PRC maintains an element of the
13
People’s Liberation Army, PRC intelligence or secu-
14
rity forces, or infrastructure designed to support the
15
presence of PRC military, intelligence, or security
16
forces, for the purposes of power projection.
17
SEC. 8368. DISPOSITION OF WEAPONS AND MATERIEL IN
18
TRANSIT FROM IRAN TO THE HOUTHIS IN
19
YEMEN.
20
(a) DISPOSITION OF WEAPONS AND MATERIEL.—
21 The President may treat as stocks of the United States,
22 including for drawdown uses consistent with section
23 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
24 2318(a)), any weapon or materiel intended for the
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2898
1 Houthis in the Republic of Yemen and obtained by the
2 United States in transit or otherwise.
3
(b) REPORT.—Not later than 180 days after the date
4 of the enactment of this Act, and annually thereafter for
5 five years, the President shall submit to the appropriate
6 committees of Congress a report that includes the fol7 lowing:
8
9
(1) The number of times the President exercised the authority under subsection (a).
10
(2) An inventory of the weapons and materiel
11
treated as United States stocks pursuant to such au-
12
thority.
13
(3) An inventory of the weapons and materiel
14
provided to foreign partners, to include the Govern-
15
ment of Yemen, pursuant to the authority provided
16
in subsection (a).
17
(4) An assessment of the capacity and overall
18
professionalism of the Yemeni coast guard, including
19
their capability to expand oversight of Yemen’s terri-
20
torial waters and carry out lawful anti-piracy and
21
interdiction efforts, particularly with respect to im-
22
plementation of any relevant United Nations Secu-
23
rity Council Resolutions, and an overview of the
24
steps the United States is taking to support these
25
efforts; and
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1
(5) an assessment of the legal authorities un-
2
derpinning the interdiction of illicit shipments to the
3
Houthis, and related challenges to boosting the suc-
4
cess of international interdiction efforts.
5
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
6
FINED.—In this section, the term ‘‘appropriate commit-
7 tees of Congress’’ means—
8
(1) the Committee on Armed Services and the
9
Committee on Foreign Relations of the Senate; and
10
(2) the Committee on Armed Services and the
11
Committee on Foreign Affairs of the House of Rep-
12
resentatives.
13
SEC. 8369. REPEAL OF CAESAR SYRIA CIVILIAN PROTEC-
14
15
TION ACT OF 2019.
(a) REPEAL.—The Caesar Syria Civilian Protection
16 Act of 2019 (title LXXIV of division F of Public Law
17 116–92; 22 U.S.C. 8791 note) is hereby repealed.
18
(b) REPORT.—Not later than 90 days after the date
19 of the enactment of this Act, and every 180 days there20 after for the following 4 years, the President shall submit
21 to the Committees on Foreign Affairs, Financial Services,
22 and Judiciary of the House of Representatives and the
23 Committees on Foreign Relations and Banking, Housing,
24 and Urban Affairs of the Senate an unclassified report,
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2900
1 with a classified annex if necessary, that certifies whether
2 the Government of Syria—
3
(1) is taking concrete and tangible action to
4
eliminate the threat posed by ISIS and other ter-
5
rorist groups, including Al Qaeda and its affiliates,
6
in partnership with the United States, and prevent
7
an ISIS resurgence;
8
(2) has removed, or is taking steps to remove,
9
foreign fighters from senior roles in the Government
10
of Syria, including those in the state and security in-
11
stitutions of Syria;
12
(3) is upholding religious and ethnic minority
13
rights in Syria, including with respect to freedom of
14
worship and belief, and allowing for fair and equi-
15
table representation in the government, including
16
ministries and parliament;
17
(4) is not taking unilateral, unprovoked military
18
action against its neighbors, including the State of
19
Israel, and continues to make progress towards
20
international security agreements, as appropriate;
21
(5) is taking tangible and credible steps to im-
22
plement the March 10, 2025, agreement as nego-
23
tiated between the Government of Syria and the
24
Syrian Democratic Forces including commensurate
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2901
1
security force integration measures and political rep-
2
resentation;
3
(6) is taking steps to effectively combat money
4
laundering, terrorist financing, and the financing of
5
proliferation of weapons of mass destruction, in line
6
with international standards, and not knowingly fi-
7
nancing, assisting (monetarily or through weapons
8
transfers), or harboring sanctioned individuals or
9
groups (including foreign terrorist organizations and
10
specially designated global terrorists) that are harm-
11
ful to the national security of the United States or
12
allies and partners of the United States in the re-
13
gion;
14
(7) is actively prosecuting those that have com-
15
mitted serious abuses of internationally recognized
16
human rights since December 8, 2024, including
17
those responsible for the massacre of religious mi-
18
norities; and
19
(8) is taking verifiable steps to combat the il-
20
licit production and international illicit proliferation
21
of narcotics, including Captagon.
22
(c)
NOTIFICATION
TO
THE
GOVERNMENT
OF
23 SYRIA.—The President shall inform the Government of
24 Syria of the findings of the report required under sub25 section (b).
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1
(d) IMPOSITION OF SANCTIONS.—
2
(1) IN GENERAL.—If the President is unable to
3
make an affirmative certification under subsection
4
(b) for two consecutive reporting periods, the Presi-
5
dent may consider whether to impose targeted sanc-
6
tions on individuals under existing authorities until
7
the President makes an affirmative certification
8
under subsection (b).
9
(2) EXCEPTION.—The sanctions described in
10
this subsection shall not include sanctions on the im-
11
portation of goods.
12
(3) DEFINED TERM.—In this subsection, the
13
term ‘‘good’’ means any article, natural or manmade
14
substance, material, supply or manufactured prod-
15
uct, including inspection and test equipment, and ex-
16
cluding technical data.
17
SEC. 8370. REPEAL OF AUTHORIZATIONS FOR USE OF MILI-
18
TARY FORCE RELATING TO IRAQ.
19
The following are hereby repealed:
20
(1) Authorization for Use of Military Force
21
Against Iraq Resolution (Public Law 102–1; 105
22
Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
23
(2) The Authorization for Use of Military Force
24
Against Iraq Resolution of 2002 (Public Law 107–
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2903
1
243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby
2
repealed.
TITLE LXXXIV—NATIONAL OCE4
ANIC AND ATMOSPHERIC AD5
MINISTRATION
3
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 8401. Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office
of Marine and Aviation Operations; promotions of flag officers.
Sec. 8402. National Oceanic and Atmospheric Administration vessel fleet.
Sec. 8403. Cooperative Aviation Centers.
Sec. 8404. Eligibility of former officers to compete for certain positions.
Sec. 8405. Alignment of physical disqualification standard for obligated service
agreements with standard for veterans’ benefits.
Sec. 8406. Streamlining separation and retirement process.
Sec. 8407. Separation of ensigns found not fully qualified.
Sec. 8408. Repeal of limitation on educational assistance.
Sec. 8409. Disposal of survey and research vessels and equipment of the National Oceanic and Atmospheric Administration.
Subtitle B—South Pacific Tuna Treaty Matters
Sec. 8411. References to South Pacific Tuna Act of 1988.
Sec. 8412. Definitions.
Sec. 8413. Prohibited acts.
Sec. 8414. Exceptions.
Sec. 8415. Criminal offenses.
Sec. 8416. Civil penalties.
Sec. 8417. Licenses.
Sec. 8418. Enforcement.
Sec. 8419. Findings by Secretary of Commerce.
Sec. 8420. Disclosure of information.
Sec. 8421. Closed area stowage requirements.
Sec. 8422. Observers.
Sec. 8423. Fisheries-related assistance.
Sec. 8424. Arbitration.
Sec. 8425. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 8426. Additional agreements.
Subtitle C—Other Matters
Sec. 8431. North Pacific Research Board enhancement.
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2904
Subtitle A—National Oceanic and
2
Atmospheric
Administration
3
Commissioned Officer Corps
1
4
SEC. 8401. TITLE AND QUALIFICATIONS OF HEAD OF NA-
5
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
6
ISTRATION COMMISSIONED OFFICER CORPS
7
AND OFFICE OF MARINE AND AVIATION OP-
8
ERATIONS; PROMOTIONS OF FLAG OFFICERS.
9
(a) TITLE AND QUALIFICATIONS OF HEAD.—
10
(1) IN GENERAL.—Section 228(c) of the Na-
11
tional Oceanic and Atmospheric Administration
12
Commissioned Officer Corps Act of 2002 (33 U.S.C.
13
3028(c)) is amended—
14
(A) in the subsection heading, by striking
15
‘‘CORPS AND OFFICE OF’’ and inserting ‘‘COM-
16
MISSIONED
17
ADMINISTRATOR FOR’’;
OFFICER CORPS AND ASSISTANT
18
(B) in the second sentence, by striking
19
‘‘serving in’’ and all that follows through
20
‘‘half)’’ and inserting ‘‘who has served, on the
21
date of such appointment, in the grade of cap-
22
tain or above for not less than one year’’; and
23
(C) in the fourth sentence, by striking ‘‘Di-
24
rector of the Office of’’ and inserting ‘‘Assistant
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1
Administrator of the National Oceanic and At-
2
mospheric Administration for’’.
3
(2) CONFORMING AMENDMENT.—Section 4(a)
4
of the Commercial Engagement Through Ocean
5
Technology Act of 2018 (33 U.S.C. 4103(a)) is
6
amended by striking ‘‘Director of the Office of’’ and
7
inserting ‘‘Assistant Administrator of the National
8
Oceanic and Atmospheric Administration for’’.
9
(b) PROMOTIONS OF FLAG OFFICERS.—Section 226
10 of the National Oceanic and Atmospheric Administration
11 Commissioned Officer Corps Act of 2002 (33 U.S.C.
12 3026) is amended—
13
(1) by striking ‘‘Appointments’’ and inserting
14
the following:
15
‘‘(a) IN GENERAL.—Appointments’’;
16
(2) by inserting after ‘‘all permanent grades’’
17
the following: ‘‘, other than a grade described in
18
subsection (b),’’; and
19
20
(3) by adding at the end the following:
‘‘(b) FLAG OFFICERS.—Appointments in and pro-
21 motions to the grade of rear admiral (upper half) or above
22 shall be made by the President, by and with the advice
23 and consent of the Senate.’’.
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SEC. 8402. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
2
3
ISTRATION VESSEL FLEET.
(a) IN GENERAL.—The NOAA Fleet Modernization
4 Act (33 U.S.C. 891 et seq.) is amended—
5
(1) in section 603 (33 U.S.C. 891a)—
6
(A) in the section heading, by striking
7
‘‘FLEET’’ and all that follows through ‘‘PRO-
8
GRAM’’
9
MAINTENANCE OF NOAA FLEET’’; and
and inserting ‘‘OPERATION
AND
10
(B) by striking ‘‘is authorized’’ and all
11
that follows and inserting the following: ‘‘, act-
12
ing through the Assistant Administrator of
13
NOAA for Marine and Aviation Operations,
14
shall operate and maintain a fleet of vessels to
15
meet the requirements of NOAA in carrying out
16
the mission and functions of NOAA, subject to
17
the requirements of this title.’’;
18
(2) in section 604 (33 U.S.C. 891b)—
19
(A) in subsection (a), by striking ‘‘Sec-
20
retary’’ and all that follows and inserting ‘‘Sec-
21
retary, acting through the Assistant Adminis-
22
trator of NOAA for Marine and Aviation Oper-
23
ations, shall develop and submit to the Com-
24
mittee on Commerce, Science, and Transpor-
25
tation of the Senate and the Committee on Nat-
26
ural Resources and the Committee on Science,
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1
Space, and Technology of the House of Rep-
2
resentatives a replacement and modernization
3
plan for the NOAA fleet not later than 180
4
days after the date of the enactment of the Na-
5
tional Defense Authorization Act for Fiscal
6
Year 2026, and every 2 years thereafter.’’;
7
(B) by striking subsections (b) and (d);
8
(C) by redesignating subsection (c) as sub-
9
section (b);
10
(D) in subsection (b), as so redesignated—
11
(i) in paragraph (1), by striking ‘‘pro-
12
posed’’ and all that follows and inserting
13
the following: ‘‘in operation in the NOAA
14
fleet as of the date of submission of the
15
Plan, a description of the status of those
16
vessels, and a statement of the planned
17
and anticipated service life of those ves-
18
sels;’’;
19
(ii) by striking paragraph (6);
20
(iii) by redesignating paragraphs (2),
21
(3), (4), and (5) as paragraphs (4), (5),
22
(6), and (7), respectively;
23
24
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(iv) by inserting after paragraph (1)
the following:
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1
‘‘(2) a plan with respect to operation, mainte-
2
nance, and replacement of vessels described in para-
3
graph (1), including the schedule for maintenance or
4
replacement and anticipated funding requirements;
5
6
‘‘(3) the number of vessels proposed to be constructed by NOAA;’’;
7
(v) in paragraph (4), as so redesig-
8
nated, by striking ‘‘constructed, leased, or
9
chartered’’ and inserting ‘‘acquired, leased,
10
or chartered by NOAA’’;
11
12
(vi) in paragraph (6), as so redesignated—
13
(I) by striking ‘‘or any other fed-
14
eral official’’ and inserting ‘‘the Direc-
15
tor of the National Science Founda-
16
tion, or any other Federal official’’;
17
and
18
(II) by striking ‘‘their avail-
19
ability’’ and inserting ‘‘the availability
20
of those vessels’’;
21
(vii) in paragraph (7), as so redesig-
22
nated, by striking ‘‘; and’’ and inserting a
23
semicolon; and
24
25
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(viii) by adding at the end the following:
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1
‘‘(8) a plan for using small vessels, uncrewed
2
systems, and partnerships to augment the require-
3
ments of NOAA for days at sea;
4
‘‘(9) the number of officers of the NOAA com-
5
missioned officer corps and professional wage mari-
6
ners needed to operate and maintain the NOAA
7
fleet, including the vessels identified under para-
8
graph (3); and
9
‘‘(10) current and potential challenges with
10
meeting the requirements under paragraph (9) and
11
proposed solutions to those challenges.’’; and
12
13
(E) by adding at the end the following:
‘‘(c) VESSEL PROCUREMENT APPROVAL.—The Na-
14 tional Oceanic and Atmospheric Administration may not
15 procure vessels that are more than 65 feet in length with16 out the approval of the Assistant Administrator of NOAA
17 for Marine and Aviation Operations.’’;
18
(3) in section 605 (33 U.S.C. 891c)—
19
(A) in subsection (a), in the matter pre-
20
ceding paragraph (1), by striking ‘‘working
21
through the Office of the NOAA Corps Oper-
22
ations and the Systems Procurement Office’’
23
and inserting ‘‘acting through the Assistant Ad-
24
ministrator of NOAA for Marine and Aviation
25
Operations’’; and
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1
(B) in subsection (b)—
2
(i) by striking ‘‘shall’’ and all that fol-
3
lows through ‘‘submit to Congress’’ and in-
4
serting ‘‘, acting through the Assistant Ad-
5
ministrator of NOAA for Marine and Avia-
6
tion Operations, shall submit to the Com-
7
mittee on Commerce, Science, and Trans-
8
portation of the Senate and the Committee
9
on Natural Resources and the Committee
10
on Science, Space, and Technology of the
11
House of Representatives,’’; and
12
(ii) by striking ‘‘subsequent’’;
13
(4) in section 608 (33 U.S.C. 891f)—
14
(A) by striking subsection (b);
15
(B) by striking ‘‘(A) VESSEL AGREE-
16
MENTS.—’’; and
17
(C) by inserting after ‘‘Secretary’’ the fol-
18
lowing: ‘‘, acting through the Assistant Admin-
19
istrator of NOAA for Marine and Aviation Op-
20
erations,’’; and
21
(5) in section 610 (33 U.S.C. 891h)—
22
(A) in subsection (a), by striking ‘‘for car-
23
rying’’ and all that follows and inserting the fol-
24
lowing: ‘‘$93,000,000 for the period of fiscal
25
years 2025 through 2026 to carry out this title
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1
and section 302 of the Fisheries Survey Vessel
2
Authorization Act of 2000 (title III of Public
3
Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b
4
note).’’; and
5
(B) in subsection (b), by striking ‘‘Na-
6
tional Oceanic and Atmospheric Administration
7
fleet modernization’’ and inserting ‘‘NOAA fleet
8
modernization,’’.
9
(b) FISHERY SURVEY VESSELS.—Section 302(a) of
10 the Fisheries Survey Vessel Authorization Act of 2000
11 (title III of Public Law 106–450; 114 Stat. 1945; 33
12 U.S.C. 891b note) is amended—
13
14
(1) by striking ‘‘may in accordance with this
section’’ and inserting ‘‘may’’;
15
(2) by striking ‘‘up to six’’; and
16
(3) by inserting after ‘‘this section’’ the fol-
17
lowing: ‘‘and the NOAA Fleet Modernization Act
18
(33 U.S.C. 891 et seq.)’’.
19
(c) NOTIFICATIONS OF PROPOSED DEACTIVATION OF
20 VESSELS.—Section 401(b)(4) of the National Oceanic and
21 Atmospheric Administration Authorization Act of 1992
22 (Public Law 102–567; 106 Stat. 4291; 33 U.S.C. 891b
23 note) is amended—
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1
(1) by striking ‘‘(A)’’ and all that follows
2
through ‘‘The Secretary’’ and inserting ‘‘The Sec-
3
retary’’;
4
(2) by striking ‘‘the Committee on Merchant
5
Marine and Fisheries’’ and inserting ‘‘the Com-
6
mittee on Natural Resources and the Committee on
7
Science, Space, and Technology’’; and
8
9
10
11
(3) by striking ‘‘, if an equivalent’’ and all that
follows through ‘‘deactivation’’.
SEC. 8403. COOPERATIVE AVIATION CENTERS.
(a) IN GENERAL.—Section 218 of the National Oce-
12 anic and Atmospheric Administration Commissioned Offi13 cer Corps Act of 2002 (33 U.S.C. 3008) is amended—
14
(1) in the section heading, by striking ‘‘AVIA-
15
TION ACCESSION TRAINING PROGRAMS’’ and in-
16
serting ‘‘COOPERATIVE AVIATION CENTERS’’;
17
18
(2) in subsection (a), by striking paragraphs
(2) and (3) and inserting the following:
19
‘‘(2) COOPERATIVE
AVIATION
CENTER.—The
20
term ‘Cooperative Aviation Center’ means a Cooper-
21
ative Aviation Center designated under subsection
22
(b)(1).’’;
23
(3) in subsection (b)—
24
(A) in the subsection heading, by striking
25
‘‘AVIATION ACCESSION TRAINING PROGRAMS’’
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2913
1
and inserting ‘‘COOPERATIVE AVIATION CEN-
2
TERS’’;
3
(B) by striking paragraphs (3) and (4);
4
(C) by redesignating paragraph (2) as
5
paragraph (3);
6
(D) by striking paragraph (1) and insert-
7
ing the following:
8
‘‘(1) DESIGNATION REQUIRED.—The Adminis-
9
trator shall designate one or more Cooperative Avia-
10
tion Centers for the commissioned officer corps of
11
the Administration at institutions described in para-
12
graph (3).
13
‘‘(2) PURPOSE.—The purpose of Cooperative
14
Aviation Centers is to facilitate the development and
15
recruitment of aviators for the commissioned officer
16
corps of the Administration.’’; and
17
(E) in paragraph (3), as so redesignated—
18
(i) in the matter preceding subpara-
19
graph (A), inserting ‘‘that’’ after ‘‘edu-
20
cational institution’’;
21
(ii) in subparagraph (A), by striking
22
‘‘that requests’’ and inserting ‘‘applies’’;
23
(iii) in subparagraph (B)—
24
(I) by striking ‘‘that has’’ and in-
25
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serting ‘‘has’’; and
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2914
1
(II) by striking the semicolon
2
and inserting ‘‘; and’’;
3
(iv) in subparagraph (C)—
4
(I) by striking ‘‘that is located’’
5
and inserting ‘‘is located’’;
6
(II) by striking clause (ii);
7
(III) by striking ‘‘that—’’ and all
8
that follows through ‘‘experiences’’
9
and inserting ‘‘that experiences’’; and
10
(IV) by striking ‘‘; and’’ and in-
11
serting a period; and
12
(v) by striking subparagraph (D); and
13
(4) by striking subsections (c), (d), and (e) and
14
inserting the following:
15
‘‘(c) COOPERATIVE AVIATION CENTERS ADVISOR.—
16
‘‘(1) ASSIGNMENT.—The Administrator shall
17
assign an officer or employee of the commissioned
18
officer corps of the Administration to serve as the
19
Cooperative Aviation Centers Advisor.
20
21
‘‘(2) DUTIES.—The Cooperative Aviation Centers Advisor shall—
22
‘‘(A) coordinate all engagement of the Ad-
23
ministration with Cooperative Aviation Centers,
24
including assistance with curriculum develop-
25
ment; and
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‘‘(B) serve as the chief aviation recruiting
2
officer for the commissioned officer corps of the
3
Administration.’’.
4
(b) CLERICAL AMENDMENT.—The table of contents
5 in section 1 of the Act entitled ‘‘An Act to reauthorize
6 the Hydrographic Services Improvement Act of 1998, and
7 for other purposes’’ (Public Law 107–372) is amended by
8 striking the item relating to section 218 and inserting the
9 following:
‘‘Sec. 218.Cooperative Aviation Centers.’’.
10
SEC. 8404. ELIGIBILITY OF FORMER OFFICERS TO COM-
11
PETE FOR CERTAIN POSITIONS.
12
(a) IN GENERAL.—The National Oceanic and Atmos-
13 pheric Administration Commissioned Officer Corps Act of
14 2002 (33 U.S.C. 3001 et seq.) is amended by inserting
15 after section 269B the following new section:
16
‘‘SEC. 269C. ELIGIBILITY OF FORMER OFFICERS TO COM-
17
PETE FOR CERTAIN POSITIONS.
18
‘‘(a) IN GENERAL.—An individual who was separated
19 from the commissioned officer corps of the Administration
20 under honorable conditions after not fewer than 3 years
21 of active service may not be denied the opportunity to com22 pete for a vacant position with respect to which the agency
23 in which the position is located will accept applications
24 from individuals outside the workforce of that agency
25 under merit promotion procedures.
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1
‘‘(b) TYPE OF APPOINTMENT.—If selected for a posi-
2 tion pursuant to subsection (a), an individual described
3 in that subsection shall receive a career or career-condi4 tional appointment, as appropriate.
5
‘‘(c) ANNOUNCEMENTS.—The area of consideration
6 for a merit promotion announcement with respect to a po7 sition that includes consideration of individuals within the
8 Federal service for that position shall—
9
‘‘(1) indicate that individuals described in sub-
10
section (a) are eligible to apply for the position; and
11
‘‘(2) be publicized in accordance with section
12
3327 of title 5, United States Code.
13
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
14 tion may be construed to confer an entitlement to vet15 erans’ preference that is not otherwise required by any
16 statute or regulation relating to veterans’ preference.
17
‘‘(e) REGULATIONS.—The Director of the Office of
18 Personnel Management shall prescribe regulations nec19 essary for the administration of this section.
20
‘‘(f) REPORTING REQUIREMENT.—Not later than 3
21 years after the date of enactment of the National Defense
22 Authorization Act for Fiscal Year 2026, the Administrator
23 shall submit to the Committees on Commerce, Science,
24 and Transportation and Homeland Security and Govern25 mental Affairs of the Senate and the Committee on Nat-
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2917
1 ural Resources, the Committee on Science, Space, and
2 Technology, and the Committee on Oversight and Govern3 ment Reform of the House of Representatives a report
4 which includes the following:
5
‘‘(1) A description of how the Administrator
6
has utilized the authority granted under this section,
7
including the number and locations of individuals
8
hired utilizing the authority granted under this sec-
9
tion.
10
‘‘(2) An overview of the impact to Federal em-
11
ployment for former members of the commissioned
12
officer corps of the Administration as a result of the
13
authority granted under this section.
14
‘‘(g) SUNSET.—This section shall be repealed on the
15 date that is 5 years after the date of enactment of the
16 National Defense Authorization Act for Fiscal Year
17 2026.’’.
18
(b) CLERICAL AMENDMENT.—The table of contents
19 in section 1 of the National Oceanic and Atmospheric Ad20 ministration Commissioned Officer Corps Act of 2002 (33
21 U.S.C. 3001 et seq.) is amended by inserting after the
22 item relating to section 269B the following new item:
‘‘Sec. 269C. Eligibility of former officers to compete for certain positions.’’.
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SEC. 8405. ALIGNMENT OF PHYSICAL DISQUALIFICATION
2
STANDARD FOR OBLIGATED SERVICE AGREE-
3
MENTS
4
BENEFITS.
5
WITH
STANDARD
FOR
VETERANS’
Section 216(c)(2)(B) of the National Oceanic and At-
6 mospheric Administration Commissioned Officer Corps
7 Act of 2002 (33 U.S.C. 3006(c)(2)(B)) is amended by
8 striking ‘‘misconduct or grossly negligent conduct’’ and in9 serting ‘‘willful misconduct’’.
10
SEC. 8406. STREAMLINING SEPARATION AND RETIREMENT
11
12
PROCESS.
Section 241(c) of the National Oceanic and Atmos-
13 pheric Administration Commissioned Officer Corps Act of
14 2002 (33 U.S.C. 3041(c)) is amended to read as follows:
15
16
‘‘(c) EFFECTIVE DATE OF RETIREMENTS AND SEPARATIONS.—
17
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
18
retirement or separation under subsection (a) shall
19
take effect on such date as is determined by the Sec-
20
retary.
21
‘‘(2) DETERMINATION OF DATE.—The effective
22
date determined under paragraph (1) for a retire-
23
ment or separation under subsection (a) shall be—
24
‘‘(A) except as provided by subparagraph
25
(B), not earlier than 60 days after the date on
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2919
1
which the Secretary approves the retirement or
2
separation; or
3
‘‘(B) if the officer concerned requests an
4
earlier effective date, such earlier date as is de-
5
termined by the Secretary.’’.
6
SEC. 8407. SEPARATION OF ENSIGNS FOUND NOT FULLY
7
8
QUALIFIED.
Section 223 of the National Oceanic and Atmospheric
9 Administration Commissioned Officer Corps Act of 2002
10 (33 U.S.C. 3023) is amended—
11
(1) by striking ‘‘permanent’’; and
12
(2) by striking ‘‘the officer’s commission shall
13
14
be revoked and’’.
SEC. 8408. REPEAL OF LIMITATION ON EDUCATIONAL AS-
15
16
SISTANCE.
(a) IN GENERAL.—Section 204 of the National Oce-
17 anic and Atmospheric Administration Commissioned Offi18 cer Corps Amendments Act of 2020 (33 U.S.C. 3079–1)
19 is repealed.
20
(b) CLERICAL AMENDMENT.—The table of contents
21 in section 1(b) of the National Oceanic and Atmospheric
22 Administration Commissioned Officer Corps Amendments
23 Act of 2020 (Public Law 116–259; 134 Stat. 1153) is
24 amended by striking the item relating to section 204.
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1
SEC. 8409. DISPOSAL OF SURVEY AND RESEARCH VESSELS
2
AND EQUIPMENT OF THE NATIONAL OCEANIC
3
AND ATMOSPHERIC ADMINISTRATION.
4
Section 548 of title 40, United States Code, is
5 amended—
6
(1) by striking ‘‘The Maritime’’ and inserting
7
‘‘(A) IN GENERAL.—Except as provided in sub-
8
section (b), the Maritime’’; and
9
10
11
(2) by adding at the end the following:
‘‘(b) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION VESSELS AND EQUIPMENT.—
12
‘‘(1) AUTHORITY.—The Administrator of the
13
National Oceanic and Atmospheric Administration
14
may dispose of covered vessels and equipment, which
15
would otherwise be disposed of under subsection (a),
16
through sales or transfers under this title.
17
‘‘(2) USE OF PROCEEDS.—During the 2-year
18
period beginning of the date of enactment of the Na-
19
tional Defense Authorization Act for Fiscal Year
20
2026, notwithstanding section 571 of this title or
21
section 3302 of title 31, the Administrator of the
22
National Oceanic and Atmospheric Administration
23
may—
24
‘‘(A) retain the proceeds from the sale or
25
transfer of a covered vessel or equipment under
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2921
1
paragraph (1) until expended under subpara-
2
graph (B); and
3
‘‘(B) use such proceeds, without fiscal year
4
limitation, for the acquisition of new covered
5
vessels and equipment or the repair and main-
6
tenance of existing covered vessels and equip-
7
ment.
8
‘‘(3) COVERED VESSELS AND EQUIPMENT DE-
9
FINED.—In this subsection, the term ‘covered vessels
10
and equipment’ means survey and research vessels
11
and related equipment owned by the Federal Gov-
12
ernment and under the control of the National Oce-
13
anic and Atmospheric Administration.’’.
14
15
Subtitle B—South Pacific Tuna
Treaty Matters
16
SEC. 8411. REFERENCES TO SOUTH PACIFIC TUNA ACT OF
17
18
1988.
Except as otherwise expressly provided, wherever in
19 this subtitle an amendment or repeal is expressed in terms
20 of an amendment to, or repeal of, a section or other provi21 sion, the reference shall be considered to be made to a
22 section or other provision of the South Pacific Tuna Act
23 of 1988 (16 U.S.C. 973 et seq.).
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2922
1
2
SEC. 8412. DEFINITIONS.
(a) APPLICABLE NATIONAL LAW.—Section 2(4) (16
3 U.S.C. 973(4)) is amended by striking ‘‘described in para4 graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in
5 effect in accordance with’’.
6
(b) CLOSED AREA.—Section 2(5) (16 U.S.C. 973(5))
7 is amended by striking ‘‘of the closed areas identified in
8 Schedule 2 of Annex I of’’ and inserting ‘‘area within the
9 jurisdiction of a Pacific Island Party that is closed to ves10 sels pursuant to a national law of that Pacific Island Party
11 and is noticed and in effect in accordance with’’.
12
(c) FISHING.—Section 2(6) (16 U.S.C. 973(6)) is
13 amended—
14
15
(1) in subparagraph (C), by inserting ‘‘for any
purpose’’ after ‘‘harvesting of fish’’; and
16
17
(2) by amending subparagraph (F) to read as
follows:
18
‘‘(F) use of any other vessel, vehicle, air-
19
craft, or hovercraft for any activity described in
20
this paragraph except for emergencies involving
21
the health or safety of the crew or the safety
22
of a vessel.’’.
23
(d) FISHING VESSEL; VESSEL.—Section 2(7) (16
24 U.S.C. 973(7)) is amended by striking ‘‘commercial fish25 ing’’ and inserting ‘‘commercial purse seine fishing for
26 tuna’’.
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1
(e) LICENSING AREA.—Section 2(8) (16 U.S.C.
2 973(8)) is amended by striking ‘‘in the Treaty Area’’ and
3 all that follows and inserting ‘‘under the jurisdiction of
4 a Pacific Island Party, except for internal waters, terri5 torial seas, archipelagic waters, and any Closed Area.’’.
6
(f) LIMITED AREA; PARTY; TREATY AREA.—Section
7 2 (16 U.S.C. 973) is amended—
8
(1) by striking paragraphs (10), (13), and (18);
9
(2) by redesignating paragraphs (11) and (12)
10
as paragraphs (10) and (11), respectively;
11
12
(3) by redesignating paragraph (14) as paragraph (12); and
13
(4) by redesignating paragraphs (15) through
14
(17) as paragraphs (14) through (16), respectively.
15
(g) REGIONAL TERMS AND CONDITIONS.—Section 2
16 (16 U.S.C. 973) is amended by inserting after paragraph
17 (12), as redesignated by subsection (f)(3), the following:
18
‘‘(13) The term ‘regional terms and conditions’
19
means any of the terms or conditions attached by
20
the Administrator to a license issued by the Admin-
21
istrator, as notified by the Secretary.’’.
22
23
SEC. 8413. PROHIBITED ACTS.
(a) IN GENERAL.—Section 5(a) (16 U.S.C. 973c(a))
24 is amended—
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1
(1) in the matter preceding paragraph (1), by
2
striking ‘‘Except as provided in section 6 of this Act,
3
it’’ and inserting ‘‘It’’;
4
(2) by striking paragraphs (3) and (4);
5
(3) by redesignating paragraphs (5) through
6
(13) as paragraphs (3) through (11), respectively;
7
(4) in paragraph (3), as so redesignated, by in-
8
serting ‘‘, except in accordance with an agreement
9
pursuant to the Treaty’’ after ‘‘Closed Area’’;
10
11
(5) in paragraph (10), as so redesignated, by
striking ‘‘or’’ at the end;
12
(6) in paragraph (11), as so redesignated, by
13
striking the period at the end and inserting a semi-
14
colon; and
15
(7) by adding at the end the following:
16
‘‘(12) to violate any of the regional terms and
17
conditions; or
18
‘‘(13) to violate any limit on an authorized fish-
19
ing effort or catch.’’.
20
(b) IN THE LICENSING AREA.—Section 5(b) (16
21 U.S.C. 973c(b)) is amended—
22
(1) in the matter preceding paragraph (1), by
23
striking ‘‘Except as provided in section 6 of this Act,
24
it’’ and inserting ‘‘It’’;
25
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1
2
3
4
5
6
(3) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
SEC. 8414. EXCEPTIONS.
Section 6 (16 U.S.C. 973d) is repealed.
SEC. 8415. CRIMINAL OFFENSES.
Section 7(a) (16 U.S.C. 973e(a)) is amended by
7 striking ‘‘section 5(a) (8), (10), (11), or (12)’’ and insert8 ing ‘‘paragraph (6), (8), (9), or (10) of section 5(a)’’.
9
10
SEC. 8416. CIVIL PENALTIES.
(a) AMOUNT.—Section 8(a) (16 U.S.C. 973f(a)) is
11 amended—
12
13
(1) in the first sentence, by striking ‘‘Code’’
after ‘‘liable to the United States’’; and
14
(2) in the fourth sentence, by striking ‘‘Except
15
for those acts prohibited by section 5(a) (4), (5),
16
(7), (8), (10), (11), and (12), and section 5(b) (1),
17
(2), (3), and (7) of this Act, the’’ and inserting
18
‘‘The’’.
19
(b) WAIVER OF REFERRAL TO ATTORNEY GEN-
20
ERAL.—Section 8(g) (16 U.S.C. 973f(g)) is amended—
21
(1) in the matter preceding paragraph (1), by
22
striking ‘‘section 5(a)(1), (2), (3), (4), (5), (6), (7),
23
(8), (9), or (13)’’ and inserting ‘‘paragraph (1), (2),
24
(3), (4), (5), (6), (7), (11), (12), or (13) of section
25
5(a)’’; and
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1
(2) in paragraph (2), by striking ‘‘, all Limited
2
Areas closed to fishing,’’ after ‘‘outside of the Li-
3
censing Area’’.
4
SEC. 8417. LICENSES.
5
(a) FORWARDING OF VESSEL LICENSE APPLICA-
6
TION.—Section 9(b) (16 U.S.C. 973g(b)) is amended to
7 read as follows:
8
‘‘(b) In accordance with subsection (e), and except
9 as provided in subsection (f), the Secretary shall forward
10 a vessel license application to the Administrator whenever
11 such application is in accordance with application proce12 dures established by the Secretary.’’.
13
(b) FEES AND SCHEDULES.—Section 9(c) (16 U.S.C.
14 973g(c)) is amended to read as follows:
15
‘‘(c) Fees required under the Treaty shall be paid in
16 accordance with the Treaty and any procedures estab17 lished by the Secretary.’’.
18
(c) MINIMUM FEES REQUIRED TO BE RECEIVED IN
19 INITIAL YEAR; GROUNDS FOR DENIAL OF FORWARDING
20
OF LICENSE APPLICATION; GRANDFATHERING OF CER-
21
TAIN VESSELS.—Section 9 (16 U.S.C. 973g) is amend-
22 ed—
23
(1) by striking subsection (f);
24
(2) by redesignating subsections (g) and (h) as
25
subsections (f) and (g), respectively;
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1
(3) by amending subsection (f), as so redesig-
2
nated, to read as follows:
3
‘‘(f) The Secretary, in consultation with the Secretary
4 of State, may determine that a license application should
5 not be forwarded to the Administrator if—
6
‘‘(1) the application is not in accordance with
7
the Treaty or the procedures established by the Sec-
8
retary; or
9
‘‘(2) the owner or charterer—
10
‘‘(A) is the subject of proceedings under
11
the bankruptcy laws of the United States, un-
12
less reasonable financial assurances have been
13
provided to the Secretary;
14
‘‘(B) has not established to the satisfaction
15
of the Secretary that the fishing vessel is fully
16
insured against all risks and liabilities normally
17
provided in maritime liability insurance; or
18
‘‘(C) has not paid any penalty which has
19
become final, assessed by the Secretary in ac-
20
cordance with this Act.’’; and
21
(4) in subsection (g), as redesignated by para-
22
graph (2)—
23
24
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follows:
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2928
1
2
‘‘(1) section 12113 of title 46, United States
Code;’’;
3
(B) in paragraph (2), by inserting ‘‘of
4
1972’’ after ‘‘Marine Mammal Protection Act’’;
5
(C) in paragraph (3), by inserting ‘‘of
6
1972’’ after ‘‘Marine Mammal Protection Act’’;
7
and
8
(D) in the matter following paragraph (3),
9
by striking ‘‘any vessel documented’’ and all
10
that follows and inserting the following:
11
‘‘any vessel documented under the laws of the United
12 States as of the date of enactment of the Fisheries Act
13 of 1995 (Public Law 104–43) for which a license has been
14 issued under subsection (a) may fish for tuna in the Li15 censing Area, and on the high seas and in waters subject
16 to the jurisdiction of the United States west of 146 west
17 longitude and east of 129.5 east longitude in accordance
18 with international law, subject to the provisions of the
19 Treaty, this Act, and other applicable law, provided that
20 no such vessel intentionally deploys a purse seine net to
21 encircle any dolphin or other marine mammal in the
22 course of fishing.’’.
23
24
SEC. 8418. ENFORCEMENT.
(a) NOTICE REQUIREMENTS TO PACIFIC ISLAND
25 PARTY CONCERNING INSTITUTION
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1
CEEDINGS.—Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is
2 amended—
3
4
(1) in the first sentence, by striking ‘‘paragraph
8 of Article 4 of’’; and
5
(2) in the third sentence, by striking ‘‘Article
6
10 of’’.
7
(b) SEARCHES AND SEIZURES BY AUTHORIZED OF-
8
FICERS.—Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A))
9 is amended—
10
11
(1) in clause (ii), by striking ‘‘or’’ at the end;
and
12
13
14
(2) in clause (iii), by adding ‘‘or’’ at the end.
SEC. 8419. FINDINGS BY SECRETARY OF COMMERCE.
(a) ORDER OF VESSEL TO LEAVE WATERS UPON
15 FAILURE TO SUBMIT TO JURISDICTION OF PACIFIC IS16
LAND PARTY; PROCEDURE APPLICABLE.—Section 11(a)
17 (16 U.S.C. 973i(a)) is amended—
18
(1) in the matter preceding paragraph (1), by
19
striking ‘‘, all Limited Areas,’’;
20
(2) in paragraph (1)—
21
22
(A) in subparagraph (A), by striking
‘‘paragraph 2 of Article 3 of’’; and
23
(B) in subparagraph (C), by striking
24
‘‘within the Treaty Area’’ and inserting ‘‘under
25
the jurisdiction’’; and
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1
(3) in paragraph (2)—
2
(A) in subparagraph (A), by striking ‘‘sec-
3
tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in-
4
serting ‘‘paragraph (3) of section 5(a) or para-
5
graph (2) or (3) of section 5(b)’’;
6
(B) in subparagraph (B), by striking ‘‘sec-
7
tion 5(b)(7)’’ and inserting ‘‘section 5(b)(6)’’;
8
and
9
(C) in subparagraph (C), by striking ‘‘sec-
10
tion 5(a)(7)’’ and inserting ‘‘section 5(a)(5)’’.
11
(b) ORDER OF VESSEL TO LEAVE WATERS WHERE
12 PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA13
TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is
14 amended by striking ‘‘paragraph 7 of Article 5 of’’.
15
16
SEC. 8420. DISCLOSURE OF INFORMATION.
Section 12 (16 U.S.C. 973j) is amended to read as
17 follows:
18
‘‘SEC. 12. DISCLOSURE OF INFORMATION.
19
‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFOR-
20
MATION.—Pursuant to section 552(b)(3) of title 5, United
21 States Code, except as provided in subsection (b), the Sec22 retary shall keep confidential and may not disclose the fol23 lowing information:
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2931
1
‘‘(1) Information provided to the Secretary by
2
the Administrator that the Administrator has des-
3
ignated confidential.
4
‘‘(2) Information collected by observers.
5
‘‘(3) Information submitted to the Secretary by
6
any person in compliance with the requirements of
7
this Act.
8
‘‘(b) AUTHORIZED DISCLOSURE OF CERTAIN INFOR-
9
MATION.—The
Secretary may disclose information de-
10 scribed in subsection (a)—
11
‘‘(1) if disclosure is ordered by a court;
12
‘‘(2) if the information is used by a Federal em-
13
ployee—
14
‘‘(A) for enforcement; or
15
‘‘(B) in support of the homeland security
16
missions and non-homeland security missions of
17
the Coast Guard as defined in section 888 of
18
the Homeland Security Act of 2002 (6 U.S.C.
19
468);
20
‘‘(3) if the information is used by a Federal em-
21
ployee or an employee of a Fishery Management
22
Council for the administration of the Treaty or fish-
23
ery management and monitoring;
24
25
‘‘(4) to the Administrator, in accordance with
the requirements of the Treaty and this Act;
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1
‘‘(5) to the secretariat or equivalent of an inter-
2
national fisheries management organization of which
3
the United States is a member, in accordance with
4
the requirements or decisions of such organization,
5
and insofar as possible, in accordance with an agree-
6
ment that prevents public disclosure of the identity
7
of any person that submits such information;
8
‘‘(6) if the Secretary has obtained written au-
9
thorization from the person providing such informa-
10
tion, and disclosure does not violate other require-
11
ments of this Act; or
12
‘‘(7) in an aggregate or summary form that
13
does not directly or indirectly disclose the identity of
14
any person that submits such information.
15
‘‘(c) SAVINGS CLAUSE.—
16
‘‘(1) Nothing in this section shall be construed
17
to adversely affect the authority of Congress, includ-
18
ing a Committee or Member thereof, to obtain any
19
record or information.
20
‘‘(2) The absence of a provision similar to para-
21
graph (1) in any other provision of law shall not be
22
construed to limit the ability of the Senate or the
23
House of Representatives, including a Committee or
24
Member thereof, to obtain any record or informa-
25
tion.’’.
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1
2
SEC. 8421. CLOSED AREA STOWAGE REQUIREMENTS.
Section 13 (16 U.S.C. 973k) is amended by striking
3 ‘‘. In particular, the boom shall be lowered’’ and all that
4 follows and inserting ‘‘and in accordance with any require5 ments established by the Secretary.’’.
6
SEC. 8422. OBSERVERS.
7
Section 14 (16 U.S.C. 973l) is repealed.
8
SEC. 8423. FISHERIES-RELATED ASSISTANCE.
9
Section 15 (16 U.S.C. 973m) is amended to read as
10 follows:
11
12
‘‘SEC. 15. FISHERIES-RELATED ASSISTANCE.
‘‘The Secretary and the Secretary of State may pro-
13 vide assistance to a Pacific Island Party to benefit such
14 Pacific Island Party from the development of fisheries re15 sources and the operation of fishing vessels that are li16 censed pursuant to the Treaty, including—
17
‘‘(1) technical assistance;
18
‘‘(2) training and capacity building opportuni-
19
ties;
20
21
‘‘(3) facilitation of the implementation of private sector activities or partnerships; and
22
23
24
25
‘‘(4) other activities as determined appropriate
by the Secretary and the Secretary of State.’’.
SEC. 8424. ARBITRATION.
Section 16 (16 U.S.C. 973n) is amended—
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1
2
(1) by striking ‘‘Article 6 of’’ after ‘‘arbitral tribunal under’’; and
3
(2) by striking ‘‘paragraph 3 of that Article’’
4
and all that follows through ‘‘under such paragraph’’
5
and inserting ‘‘the Treaty, shall determine the loca-
6
tion of the arbitration, and shall represent the
7
United States in reaching agreement under the
8
Treaty’’.
9
SEC. 8425. DISPOSITION OF FEES, PENALTIES, FORFEIT-
10
11
URES, AND OTHER MONEYS.
Section 17 (16 U.S.C. 973o) is amended by striking
12 ‘‘Article 4 of’’.
13
14
SEC. 8426. ADDITIONAL AGREEMENTS.
Section 18 (16 U.S.C. 973p) is amended by striking
15 ‘‘Within 30 days after’’ and all that follows and inserting
16 ‘‘The Secretary may establish procedures for review of any
17 agreements for additional fishing access entered into pur18 suant to the Treaty.’’.
19
Subtitle C—Other Matters
20
SEC. 8431. NORTH PACIFIC RESEARCH BOARD ENHANCE-
21
22
MENT.
(a) SHORT TITLE.—This section may be cited as the
23 ‘‘North Pacific Research Board Enhancement Act’’.
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1
(b) AMENDMENTS.—Section 401(e) of the Depart-
2 ment of the Interior and Related Agencies Appropriations
3 Act, 1998 (43 U.S.C. 1474d(e)) is amended—
4
(1) in paragraph (3)—
5
(A) in subparagraph (L), by striking
6
‘‘and’’ after the semicolon;
7
(B) in subparagraph (M), by striking the
8
period at the end and inserting a semicolon;
9
(C) in subparagraph (N), by striking the
10
period at the end and inserting ‘‘; and’’;
11
(D) by inserting after subparagraph (N)
12
the following:
13
‘‘(O) one member who shall represent Alas-
14
ka Natives and possesses personal knowledge
15
of, and direct experience with, subsistence uses
16
and shall be nominated by the Board and ap-
17
pointed by the Secretary.’’; and
18
(E) by adding at the end the following:
19
‘‘Board members appointed under subpara-
20
graphs (N) and (O) shall serve for 3-year
21
terms, and may be reappointed once.’’;
22
(2) by redesignating paragraph (5) as para-
23
graph (6); and
24
25
(3) by inserting after paragraph (4) the following:
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1
‘‘(5) If the amount made available for a fiscal
2
year under subsection (c)(2) is less than the amount
3
made available in the previous fiscal year, the Ad-
4
ministrator of the National Oceanic and Atmos-
5
pheric Administration may increase the 15 percent
6
cap on administrative expenses provided under para-
7
graph (4)(B) for that fiscal year to prioritize—
8
‘‘(A) continuing operation of the Board;
9
‘‘(B) maximizing the percentage of funds
10
directed to research; and
11
‘‘(C)
maintaining
the
highest
quality
12
standards in administering grants under this
13
subsection.’’.
14
(c) WAIVER.—Beginning on the date of enactment of
15 this Act and ending on the date that is 5 years after such
16 date of enactment, the 15 percent cap on funds to provide
17 support for the North Pacific Research Board and admin18 ister grants under section 401(e)(4)(B) of the Department
19 of the Interior and Related Agencies Appropriations Act,
20 1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.
TITLE LXXXV—COMPREHENSIVE
22
OUTBOUND INVESTMENT NA23
TIONAL SECURITY ACT OF
24
2025
21
Subtitle A—General Matters
Sec. 8501. Secretary defined.
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Sec. 8502. Severability.
Sec. 8503. Authorization of appropriations.
Sec. 8504. Sense of Congress.
Sec. 8505. Termination.
Subtitle B—Imposition of Sanctions
Sec. 8511. Imposition of sanctions.
Sec. 8512. Definitions.
Sec. 8513. Exception relating to importation of goods.
Subtitle C—Prohibition and Notification on Investments Relating to Covered
National Security Transactions
Sec. 8521. Prohibition and notification on investments relating to covered national security transactions.
Subtitle D—Securities and Related Matters
Sec. 8531. Requirements relating to the Non-SDN Chinese Military-Industrial
Complex Companies List.
Subtitle A—General Matters
1
2
3
SEC. 8501. SECRETARY DEFINED.
Except as otherwise provided, in this title, the term
4 ‘‘Secretary’’ means the Secretary of the Treasury.
5
6
SEC. 8502. SEVERABILITY.
If any provision of this title or any amendment made
7 by this title, or the application thereof, is held invalid, the
8 validity of the remainder of this title or any amendment
9 made by this title and the application of such provision
10 to other persons and circumstances shall not be affected
11 thereby.
12
13
SEC. 8503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
14 priated $150,000,000 to the Department of the Treasury,
15 out of which amounts may be transferred to the Depart16 ment of Commerce to jointly conduct outreach to industry
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2938
1 and persons affected by this title or any amendment made
2 by this title, and to administer the provisions of this title
3 or any amendment made by this title, for each of the first
4 two fiscal years beginning on or after the date of the en5 actment of this title, to carry out this title or any amend6 ment made by this title.
7
(b) HIRING AUTHORITY.—
8
(1) BY THE PRESIDENT.—The President may
9
appoint, without regard to the provisions of sections
10
3309 through 3318 of title 5, United States Code,
11
not more than 15 individuals directly to positions in
12
the competitive service (as defined in section 2102 of
13
that title) to carry out this title or any amendment
14
made by this title.
15
(2) BY AGENCIES.—The Secretary and the Sec-
16
retary of Commerce may appoint, without regard to
17
the provisions of sections 3309 through 3318 of title
18
5, United States Code, individuals directly to posi-
19
tions in the competitive service (as defined in section
20
2102 of that title) of the Department of the Treas-
21
ury and the Department of Commerce, respectively,
22
to carry out this title or any amendment made by
23
this title.
24
25
SEC. 8504. SENSE OF CONGRESS.
It is the sense of Congress that—
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1
(1) due to the fact that there are countless
2
known and unknown entities in countries of concern,
3
to include the People’s Republic of China (PRC), de-
4
veloping dual-use strategic technologies that benefit
5
a foreign adversary’s military modernization efforts,
6
surveillance states, and human rights abuses, re-
7
stricting certain United States outbound investments
8
into these technologies in countries of concern is
9
necessary to prevent harm to United States national
10
security and foreign policy interests; and
11
(2) the President should therefore exercise the
12
authorities granted in this title or any amendment
13
made by this title to prevent countries of concern
14
from exploiting United States capital to undermine
15
United States national security and foreign policy
16
interests.
17
18
SEC. 8505. TERMINATION.
This title and any amendment made by this title shall
19 cease to have any force or effect on the date that is seven
20 years after the date of the enactment of this Act.
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Subtitle B—Imposition of
Sanctions
1
2
3
4
SEC. 8511. IMPOSITION OF SANCTIONS.
(a) IN GENERAL.—The President may impose the
5 sanctions described in subsection (b) with respect to any
6 foreign person determined to be a covered foreign person.
7
(b) SANCTIONS DESCRIBED.—The President may ex-
8 ercise all of the powers granted to the President under
9 the International Emergency Economic Powers Act (50
10 U.S.C. 1701 et seq.) to the extent necessary to prohibit
11 any United States person from investing in or purchasing
12 significant amounts of equity or debt instruments of a for13 eign person that is determined to be a covered foreign per14 son pursuant to subsection (a).
15
(c) PENALTIES.—The penalties provided for in sub-
16 sections (b) and (c) of section 206 of the International
17 Emergency Economic Powers Act (50 U.S.C. 1705) shall
18 apply to any person who violates, attempts to violate, con19 spires to violate, or causes a violation of any prohibition
20 of this section, or an order or regulation prescribed under
21 this section, to the same extent that such penalties apply
22 to a person that commits an unlawful act described in sec23 tion 206(a) of such Act (50 U.S.C. 1705(a)).
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1
2
(d) EXCEPTION FOR INTELLIGENCE AND LAW ENFORCEMENT
ACTIVITIES.—Sanctions under this section
3 shall not apply with respect to—
4
(1) any activity subject to the reporting require-
5
ments under title V of the National Security Act of
6
1947 (50 U.S.C. 3091 et seq.); or
7
(2) any authorized intelligence activities of the
8
United States.
9
(e) EXCEPTION FOR UNITED STATES GOVERNMENT
10 ACTIVITIES.—Nothing in this section shall prohibit trans11 actions for the conduct of the official business of the Fed12 eral Government by employees, grantees, or contractors
13 thereof.
14
(f) REPORT TO CONGRESS.—
15
(1) IN GENERAL.—Not later than one year
16
after the date of the enactment of this Act, and an-
17
nually thereafter for seven years, the President shall
18
submit to the appropriate congressional committees
19
a report that states whether any foreign person on
20
the Non-SDN Chinese Military-Industrial Complex
21
Companies List is a covered foreign person.
22
(2) FORM.—The report required by paragraph
23
(1) shall be submitted in unclassified form, but may
24
include a classified annex.
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1
(g) ADMINISTRATIVE PROVISIONS.—The President
2 may exercise all authorities provided under sections 203
3 and 205 of the International Emergency Economic Powers
4 Act (50 U.S.C. 1702 and 1704) to carry out this section.
5
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
6 tion may be construed to limit the authority of the Presi7 dent to designate foreign persons for the imposition of
8 sanctions pursuant to any other provision of Federal law,
9 including the International Emergency Economic Powers
10 Act (50 U.S.C. 1701 et seq.).
11
SEC. 8512. DEFINITIONS.
12
In this subtitle:
13
(1) APPROPRIATE
14
TEES.—The
15
mittees’’ means—
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
16
(A) the Committee on Financial Services
17
and the Committee on Foreign Affairs of the
18
House of Representatives; and
19
(B) the Committee on Banking, Housing,
20
and Urban Affairs and the Committee on For-
21
eign Relations of the Senate.
22
(2) COUNTRY OF CONCERN.—The term ‘‘coun-
23
try of concern’’ means the People’s Republic of
24
China, including the Hong Kong and Macau Special
25
Administrative Regions.
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1
(3) COVERED
FOREIGN
PERSON.—The
term
2
‘‘covered foreign person’’ means a foreign person—
3
(A) that is incorporated in, has a principal
4
place of business in, or is organized under the
5
laws of a country of concern;
6
(B) that is a member of the Central Com-
7
mittee of the Chinese Communist Party or
8
member of the political leadership of a country
9
of concern;
10
(C) that is the state or the government of
11
a country of concern, as well as any political
12
subdivision, agency, or instrumentality thereof;
13
(D) that is subject to the direction or con-
14
trol of any entity described in subparagraphs
15
(A) through (C); or
16
(E) that is owned in the aggregate, directly
17
or indirectly, 50 percent or more by an entity
18
or a group of entities described in subpara-
19
graphs (A) through (C); and
20
(F) that knowingly engaged in significant
21
operations in the defense and related materiel
22
sector or the surveillance technology sector of
23
the economy of a country of concern.
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1
(4) FOREIGN PERSON.—The term ‘‘foreign per-
2
son’’ means a person that is not a United States
3
person.
4
(5) KNOWINGLY.—The term ‘‘knowingly’’, with
5
respect to conduct, a circumstance, or a result,
6
means that a person has actual knowledge, or should
7
have known, of the conduct, the circumstance, or the
8
result.
9
(6) NON-SDN CHINESE MILITARY-INDUSTRIAL
10
COMPLEX COMPANIES LIST.—The
11
Chinese
12
List’’ means the list maintained by the Office of
13
Foreign Assets Control of the Department of the
14
Treasury under Executive Order 13959, as amended
15
by Executive Order 14032 (50 U.S.C. 1701 note; re-
16
lating to addressing the threat from securities in-
17
vestments that finance certain companies of the Peo-
18
ple’s Republic of China), or any successor order.
19
20
Complex
Companies
(7) PERSON.—The term ‘‘person’’ means an individual or entity.
21
22
Military-Industrial
term ‘‘Non-SDN
(8)
UNITED
STATES
PERSON.—The
term
‘‘United States person’’ means—
23
(A) any United States citizen or an alien
24
lawfully admitted for permanent residence to
25
the United States;
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1
(B) an entity organized under the laws of
2
the United States or of any jurisdiction within
3
the United States (including any foreign branch
4
of such an entity); or
5
6
(C) any person in the United States.
SEC. 8513. EXCEPTION RELATING TO IMPORTATION OF
7
8
GOODS.
(a) IN GENERAL.—The authorities and requirements
9 to impose sanctions authorized under this title shall not
10 include the authority or requirement to impose sanctions
11 on the importation of goods.
12
(b) GOOD DEFINED.—In this section, the term
13 ‘‘good’’ means any article, natural or manmade substance,
14 material, supply or manufactured product, including in15 spection and test equipment, and excluding technical data.
Subtitle C—Prohibition and Notifi17
cation on Investments Relating
18
to Covered National Security
19
Transactions
16
20
SEC. 8521. PROHIBITION AND NOTIFICATION ON INVEST-
21
MENTS RELATING TO COVERED NATIONAL
22
SECURITY TRANSACTIONS.
23
The Defense Production Act of 1950 (50 U.S.C.
24 4501 et seq.) is amended by adding at the end the fol25 lowing:
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‘‘TITLE VIII—PROHIBITION AND
2
NOTIFICATION ON INVEST3
MENTS RELATING TO COV4
ERED NATIONAL SECURITY
5
TRANSACTIONS
1
6
7
‘‘SEC. 801. PROHIBITION ON INVESTMENTS.
‘‘(a) IN GENERAL.—The Secretary may prohibit, in
8 accordance with regulations issued under subsection (e),
9 a United States person, including its controlled foreign en10 tities, from knowingly engaging in a covered national secu11 rity transaction in any prohibited technology.
12
‘‘(b) EVASION.—Any action that evades or avoids,
13 has the purpose of evading or avoiding, causes a violation
14 of, or attempts to violate the prohibition set forth in sub15 section (a) is prohibited.
16
‘‘(c) EXEMPTIONS.—
17
‘‘(1) NATIONAL INTEREST EXEMPTION.—Sub-
18
ject to subsection (d), the Secretary is authorized to
19
exempt from the prohibition set forth in subsection
20
(a) any activity determined by the President, in con-
21
sultation with the Secretary, or delegated to the Sec-
22
retary, in coordination with the Secretary of Com-
23
merce, the Secretary of State, and, as appropriate,
24
the heads of other relevant Federal departments and
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1
agencies, to be in the national interest of the United
2
States.
3
‘‘(2) INTELLIGENCE EXEMPTION.—Regulations
4
issued under subsection (e) shall not apply to any
5
authorized intelligence activities of the United
6
States.
7
‘‘(d) CONGRESSIONAL NOTIFICATION.—The Sec-
8 retary shall—
9
‘‘(1) notify the appropriate congressional com-
10
mittees not later than five business days after
11
issuing an exemption under subsection (c); and
12
‘‘(2) include in such notification an identifica-
13
tion of the national interest justifying the use of the
14
exemption, subject to appropriate confidentiality and
15
classification requirements.
16
‘‘(e) REGULATIONS.—
17
‘‘(1) IN GENERAL.—The Secretary, in consulta-
18
tion with the Secretary of Commerce, the Secretary
19
of State and, as appropriate, the heads of other rel-
20
evant Federal departments and agencies, may issue
21
or update existing regulations to carry out this sec-
22
tion subject to public notice and comment in accord-
23
ance with subchapter II of chapter 5 and chapter 7
24
of title 5, United States Code, and not subject to the
25
requirements of section 709. The regulations issued
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pursuant to this paragraph shall, as necessary,
2
amend, terminate, supersede, revoke, or streamline
3
existing requirements in part 850 of title 31, Code
4
of Federal Regulations (the Outbound Investment
5
Rule) and shall provide a reasonable timeframe for
6
compliance.
7
‘‘(2) NON-BINDING FEEDBACK.—
8
‘‘(A) IN GENERAL.—The regulations issued
9
under paragraph (1) shall include a process
10
under which a person can request to receive
11
non-binding feedback on a confidential basis, or
12
as anonymized guidance to the public, as to
13
whether a transaction would constitute a cov-
14
ered national security transaction in a prohib-
15
ited technology.
16
‘‘(B) AUTHORITY
TO
LIMIT
FRIVOLOUS
17
FEEDBACK
18
process required by subparagraph (A), the Sec-
19
retary may prescribe limitations on requests for
20
feedback identified as frivolous for purposes of
21
this subsection.
22
‘‘(3) NOTICE; OPPORTUNITY TO CURE.—
REQUESTS.—In
establishing
the
23
‘‘(A) IN GENERAL.—The regulations issued
24
under paragraph (1) shall account for whether
25
a United States person has self-identified and
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1
self-disclosed a violation of the prohibition set
2
forth in subsection (a) in determining the legal
3
consequences of that violation.
4
‘‘(B) SELF-DISCLOSURE
LETTERS.—The
5
regulations issued under paragraph (1) shall
6
dictate the form and content of a letter of self-
7
disclosure, which shall include relevant facts
8
about the violation, why the United States per-
9
son believes its activity to have violated the pro-
10
hibition set forth in subsection (a), and a pro-
11
posal for mitigation of the harm of such action.
12
‘‘(4) LOW-BURDEN REGULATIONS.—In issuing
13
regulations under paragraph (1), the Secretary
14
should balance the priority of protecting the national
15
security interest of the United States while, to the
16
extent practicable—
17
‘‘(A) minimizing the cost and complexity of
18
compliance for affected parties, including the
19
duplication of reporting requirements under
20
current regulations;
21
22
‘‘(B) adopting the least burdensome alternative that achieves regulatory objectives; and
23
‘‘(C) prioritizing transparency and stake-
24
holder involvement in the process of issuing the
25
rules.
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1
‘‘(5) BURDEN OF PROOF.—In accordance with
2
section 556(d) of title 5, United States Code, in an
3
enforcement action for a violation of the prohibition
4
set forth in subsection (a), the burden of proof shall
5
be upon the Secretary.
6
7
‘‘SEC. 802. NOTIFICATION ON INVESTMENTS.
‘‘(a) MANDATORY NOTIFICATION.—Not later than
8 450 days after the date of the enactment of this title, the
9 Secretary shall issue regulations prescribed in accordance
10 with subsection (b), to require a United States person that
11 itself or whose controlled foreign entity knowingly engages
12 in a covered national security transaction in a prohibited
13 technology (unless the Secretary has exercised the author14 ity provided by section 801(a) to prohibit knowingly en15 gaging in such covered national security transaction) or
16 a notifiable technology to submit to the Secretary a writ17 ten notification of the transaction not later than 30 days
18 after the completion date of the transaction.
19
‘‘(b) REGULATIONS.—
20
‘‘(1) IN GENERAL.—Not later than 450 days
21
after the date of the enactment of this title, the Sec-
22
retary, in consultation with the Secretary of Com-
23
merce, the Secretary of State, and, as appropriate,
24
the heads of other relevant Federal departments and
25
agencies, shall issue regulations to carry out this
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2951
1
section subject to public notice and comment in ac-
2
cordance with subchapter II of chapter 5 and chap-
3
ter 7 of title 5, United States Code, and not subject
4
to the requirements of section 709. The regulations
5
issued pursuant to this paragraph shall as necessary,
6
amend, terminate, supersede, revoke, or streamline
7
existing requirements in part 850 of title 31, Code
8
of Federal Regulations (the Outbound Investment
9
Rule) and shall provide a reasonable timeframe for
10
compliance.
11
‘‘(2) LOW-BURDEN REGULATIONS.—In issuing
12
regulations under paragraph (1), the Secretary
13
should balance the priority of protecting the national
14
security interest of the United States while, to the
15
extent practicable—
16
‘‘(A) minimizing the cost and complexity of
17
compliance for affected parties, including the
18
duplication of reporting requirements under
19
current regulation;
20
21
‘‘(B) adopting the least burdensome alternative that achieves regulatory objectives; and
22
‘‘(C) prioritizing transparency and stake-
23
holder involvement in the process of issuing the
24
rules.
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‘‘(3) BURDEN OF PROOF.—In accordance with
2
section 556(d) of title 5, United States Code, in an
3
enforcement action for a violation of the prohibition
4
set forth in subsection (a), the burden of proof shall
5
be upon the Secretary.
6
‘‘(4) COMPLETENESS OF NOTIFICATION.—
7
‘‘(A) IN GENERAL.—The Secretary shall,
8
upon receipt of a notification under subsection
9
(a), promptly inspect the notification for com-
10
pleteness.
11
‘‘(B) INCOMPLETE NOTIFICATIONS.—If a
12
notification submitted under subsection (a) is
13
incomplete, the Secretary shall promptly inform
14
the United States person that submits the noti-
15
fication that the notification is not complete
16
and provide an explanation of relevant material
17
respects in which the notification is not com-
18
plete.
19
‘‘(5) IDENTIFICATION OF NON-NOTIFIED ACTIV-
20
ITY.—The
21
identify covered national security transactions in a
22
prohibited technology or a notifiable technology for
23
which—
24
25
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Secretary shall establish a process to
‘‘(A) a notification is not submitted to the
Secretary under subsection (a); and
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2953
1
2
‘‘(B) information is reasonably available.
‘‘(c) INAPPLICABILITY.—If the Secretary prohibits a
3 covered national security transaction in a prohibited tech4 nology under section 801, the requirements of this section
5 shall not apply with respect to the covered national secu6 rity transaction.
7
8
‘‘SEC. 803. REPORT.
‘‘(a) IN GENERAL.—Not later than 18 months after
9 the date of enactment of this title, and not less frequently
10 than annually thereafter, the Secretary, in consultation
11 with the Secretary of Commerce and, as appropriate, the
12 heads of other relevant Federal departments and agencies,
13 shall submit to the appropriate congressional committees
14 a report, subject to appropriate confidentiality and classi15 fication requirements, that—
16
‘‘(1) lists all enforcement actions taken subject
17
to the existing regulations and regulations issued
18
under section 801(e) and 802(b) during the year
19
preceding submission of the report, which includes,
20
with respect to each such action, a description of—
21
‘‘(A) the prohibited technology or notifiable
22
23
24
25
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technology;
‘‘(B) the covered national security transaction;
‘‘(C) the covered foreign person; and
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2954
1
‘‘(D) the relevant United States person;
2
‘‘(2) provides an assessment of the definition of
3
the term ‘prohibited technology’ under existing regu-
4
lations or regulations issued under section 801(e) or
5
802(b) by—
6
‘‘(A) identifying additional technologies
7
that the Secretary, in consultation with the Sec-
8
retary of Commerce and, as applicable, the Sec-
9
retary of Defense, the Secretary of State, the
10
Secretary of Energy, the Director of National
11
Intelligence, and the heads of any other rel-
12
evant Federal agencies, determined under exist-
13
ing regulations or regulations issued pursuant
14
to 801(e) may pose an acute threat to the na-
15
tional security of the United States if developed
16
or acquired by a country of concern;
17
‘‘(B) explaining why each technology iden-
18
tified in subparagraph (A) may pose an acute
19
threat to the national security of the United
20
States if developed or acquired by a country of
21
concern; and
22
‘‘(C) describing any removal of tech-
23
nologies from the category of prohibited tech-
24
nology under existing regulations or regulations
25
issued under section 801(e) during the report-
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1
ing period to the extent that the technologies no
2
longer pose an acute threat to the national se-
3
curity of the United States if developed or ac-
4
quired by a country of concern;
5
‘‘(3) lists all notifications submitted under ex-
6
isting regulations or regulations issued section 802
7
during the year preceding submission of the report
8
and includes, with respect to each such notifica-
9
tion—
10
‘‘(A) basic information on each party to
11
the covered national security transaction with
12
respect to which the notification was submitted;
13
and
14
‘‘(B) the nature of the covered national se-
15
curity transaction that was the subject of the
16
notification, including the elements of the cov-
17
ered national security transaction that neces-
18
sitated a notification;
19
‘‘(4) includes a summary of those notifications,
20
disaggregated by prohibited technology, by notifiable
21
technology, by covered national security transaction,
22
and by country of concern;
23
‘‘(5) provides additional context and informa-
24
tion regarding trends in the prohibited technology,
25
notifiable technology, the types of covered national
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1
security transaction, and the countries involved in
2
those notifications; and
3
4
‘‘(6) assesses the overall impact of those notifications, including recommendations for—
5
‘‘(A) expanding existing Federal programs
6
to support the production or supply of prohib-
7
ited technologies or notifiable technologies in
8
the United States, including the potential of ex-
9
isting authorities to address any related na-
10
tional security concerns;
11
‘‘(B) investments needed to enhance pro-
12
hibited technologies or notifiable technologies
13
and reduce United States dependence on coun-
14
tries of concern regarding those technologies;
15
and
16
‘‘(C) the continuation, expansion, or modi-
17
fication of the implementation and administra-
18
tion of this title.
19
‘‘(b) CONSIDERATION OF CERTAIN INFORMATION.—
20 In preparing the report pursuant to subsection (a), the
21 Secretary—
22
‘‘(1) shall consider information provided jointly
23
by the chairperson and ranking member of any of
24
the appropriate congressional committees;
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‘‘(2) may consider credible information obtained
2
by other countries and nongovernmental organiza-
3
tions that monitor the military, surveillance, intel-
4
ligence, or technology capabilities of a country of
5
concern; and
6
‘‘(3) may consider any other information that
7
the Secretary deems relevant.
8
‘‘(c) FORM OF REPORT.—Each report required by
9 this section shall be submitted in unclassified form, but
10 may include a classified annex.
11
‘‘(d) TESTIMONY REQUIRED.—Not later than one
12 year after the date of the enactment of this title, and an13 nually thereafter for five years, the Secretary and the Sec14 retary of Commerce, or their designee, shall each provide
15 to the Committee on Banking, Housing, and Urban Af16 fairs of the Senate and the Committees on Foreign Affairs
17 and Financial Services of the House of Representatives
18 testimony with respect to the national security threats re19 lating to investments by United States persons in coun20 tries of concern and broader international capital flows.
21
‘‘(e) REQUESTS BY APPROPRIATE CONGRESSIONAL
22 COMMITTEES.—
23
‘‘(1) IN GENERAL.—After receiving a request
24
that meets the requirements of paragraph (2) with
25
respect to whether a technology should be included
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in the amendments as described in subsection (a)(2),
2
the Secretary shall, in preparing the report pursuant
3
to subsection (a)—
4
‘‘(A) determine if that technology may
5
pose an acute threat to the national security of
6
the United States if developed or acquired by a
7
country of concern; and
8
‘‘(B) include in the report pursuant to sub-
9
section (a) an explanation with respect to that
10
determination that includes—
11
‘‘(i) a statement of whether or not the
12
technology, as determined by the Sec-
13
retary, may pose an acute threat to the na-
14
tional security of the United States if de-
15
veloped or acquired by a country of con-
16
cern; and
17
‘‘(ii)
18
if
the
Secretary
determines
that—
19
‘‘(I) the technology may pose an
20
acute threat to the national security
21
of the United States if developed or
22
acquired by a country of concern, an
23
explanation for such determination
24
and a recommendation whether that
25
technology should be named a prohib-
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1
ited technology or a notifiable tech-
2
nology; and
3
‘‘(II) the technology would not
4
pose an acute threat to the national
5
security of the United States if devel-
6
oped or acquired by a country of con-
7
cern, an explanation for such deter-
8
mination.
9
‘‘(2) REQUIREMENTS.—A request under para-
10
graph (1) with respect to whether a technology may
11
pose an acute threat to the national security of the
12
United States if developed or acquired by a country
13
of concern shall be submitted to the Secretary in
14
writing jointly by the chairperson and ranking mem-
15
ber of 1 or more of the appropriate congressional
16
committees.
17
‘‘SEC. 804. MULTILATERAL ENGAGEMENT AND COORDINA-
18
19
TION.
‘‘(a) AUTHORITIES.—The Secretary, in coordination
20 with the Secretary of State, the Secretary of Commerce,
21 and the heads of other relevant Federal agencies, should—
22
‘‘(1) conduct bilateral and multilateral engage-
23
ment with the governments of countries that are al-
24
lies and partners of the United States to promote
25
and increase coordination of protocols and proce-
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dures to facilitate the effective implementation of
2
and appropriate compliance with the prohibitions
3
and notification requirement pursuant to this title;
4
‘‘(2) upon adoption of protocols and procedures
5
described in paragraph (1), work with those govern-
6
ments to establish mechanisms for sharing informa-
7
tion, including trends, with respect to such activities;
8
and
9
‘‘(3) work with and encourage the governments
10
of countries that are allies and partners of the
11
United States to develop similar mechanisms of their
12
own, for the exclusive purpose of preventing the de-
13
velopment of prohibited technologies by a country of
14
concern.
15
‘‘(b) STRATEGY FOR MULTILATERAL ENGAGEMENT
16
AND COORDINATION.—Not later than 180 days after the
17 date of the regulations implementing enactment of this
18 title, the Secretary, in coordination with the Secretary of
19 State, the Secretary of Commerce, and the heads of other
20 relevant Federal agencies, should—
21
‘‘(1) develop a strategy to work with the gov-
22
ernments of countries that are allies and partners of
23
the United States to develop mechanisms that are
24
comparable to the prohibitions and notification re-
25
quirements pursuant to this title, for the exclusive
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1
purpose of preventing the development of prohibited
2
technologies by a country of concern; and
3
‘‘(2) assess opportunities to provide technical
4
assistance to those countries with respect to the de-
5
velopment of those mechanisms.
6
‘‘(c) REPORT.—Not later than one year after the date
7 of the regulations implementing enactment of this title,
8 and annually thereafter for four years, the Secretary shall
9 submit to the appropriate congressional committees a re10 port, subject to the appropriate confidentiality and classi11 fication requirements, that includes—
12
‘‘(1) a discussion of any strategy developed pur-
13
suant to subsection (b)(1), including key tools and
14
objectives for the development of comparable mecha-
15
nisms by the governments of allies and partners of
16
the United States;
17
‘‘(2) a list of partner and allied countries to
18
target for cooperation in developing their own prohi-
19
bitions;
20
21
‘‘(3) the status of the strategy’s implementation
and outcomes; and
22
‘‘(4) a description of impediments to the estab-
23
lishment of comparable mechanisms by governments
24
of allies and partners of the United States.
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1
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES
2 DEFINED.—In this section, the term ‘appropriate congres3 sional committees’ means—
4
‘‘(1) the Committee on Foreign Relations and
5
the Committee on Banking, Housing, and Urban Af-
6
fairs of the Senate; and
7
‘‘(2) the Committee on Foreign Affairs and the
8
Committee on Financial Services of the House of
9
Representatives.
10
‘‘SEC. 805. PUBLIC DATABASE OF COVERED FOREIGN PER-
11
12
SONS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
13 with the Secretary of Commerce, may establish a publicly
14 accessible, non-exhaustive database that identifies covered
15 foreign persons that are either engaged in a prohibited
16 technology or a notifiable technology pursuant to this title.
17
‘‘(b) MODIFICATION PROCESS.—The Secretary, in
18 consultation with the Secretary of Commerce, is author19 ized to establish a mechanism for a covered foreign person
20 to petition for their removal from or inclusion in the pub21 licly accessible, non-exhaustive database described in (a).
22
‘‘(c) CONFIDENTIALITY OF EVIDENCE.—The Sec-
23 retary shall establish a mechanism for the public, includ24 ing Congress, stakeholders, investors, and nongovern25 mental organizations, to submit evidence on a confidential
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2963
1 basis regarding whether a foreign person is a covered for2 eign person in a prohibited technology or notifiable tech3 nology and should be included in the database described
4 in subsection (a), if any.
5
‘‘(d) RULE OF CONSTRUCTION.—The database de-
6 scribed in subsection (a), if any, shall not be considered
7 to be an exhaustive or comprehensive list of covered for8 eign persons for the purposes of this title.
9
10
‘‘SEC. 806. RULE OF CONSTRUCTION.
‘‘Nothing in this title may be construed to negate the
11 authority of the President under any authority, process,
12 regulation, investigation, enforcement measure, or review
13 provided by or established under any other provision of
14 Federal law, including the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1701 et seq.), or any other
16 authority of the President or the Congress under the Con17 stitution of the United States.
18
19
‘‘SEC. 807. PENALTIES.
‘‘(a) IN GENERAL.—The regulations issued under
20 section 801 or 802 shall provide for the imposition of civil
21 penalties described in subsection (b).
22
‘‘(b) PENALTIES DESCRIBED.—
23
‘‘(1) UNLAWFUL ACTS.—It shall be unlawful
24
for a person to violate, attempt to violate, conspire
25
to violate, or cause a violation of any order, regula-
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2964
1
tion, notification requirement, or prohibition issued
2
under this title.
3
‘‘(2) CIVIL PENALTY.—The Secretary may im-
4
pose civil penalties on any person who commits an
5
unlawful act described in paragraph (1) in amounts
6
equivalent to amounts provided for under section
7
206(b) of the International Emergency Economic
8
Powers Act (50 U.S.C. 1705(b)) for violations under
9
that Act.
10
‘‘(3) DIVESTMENT.—The Secretary may compel
11
the divestment of a covered national security trans-
12
action in a prohibited technology determined to be in
13
violation of section 801(a) or regulations issued
14
thereunder.
15
‘‘(4) RELIEF.—The President may direct the
16
Attorney General of the United States to seek ap-
17
propriate relief, including divestment relief for viola-
18
tions of the prohibition set forth in subsection
19
801(a), in the district courts of the United States,
20
in order to implement and enforce this title.
21
22
‘‘SEC. 808. EXEMPTION FROM DISCLOSURE.
‘‘(a) IN GENERAL.—Except as provided in subsection
23 (b), any information or documentary material filed with
24 the Secretary or the Secretary’s designee pursuant to this
25 title shall be exempt from disclosure under section
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1 552(b)(3) of title 5, United States Code, and no such in2 formation or documentary material may be made public.
3
‘‘(b) EXCEPTIONS.—Subsection (a) shall not prohibit
4 the disclosure of the following, subject to appropriate con5 fidentiality and classification requirements:
6
7
‘‘(1) Information relevant to any administrative
or judicial action or proceeding.
8
9
‘‘(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
10
‘‘(3) Information important to the national se-
11
curity analysis or actions of the Secretary to any do-
12
mestic governmental entity, or to any foreign gov-
13
ernmental entity of a United States ally or partner,
14
under the exclusive direction and authorization of
15
the Secretary, only to the extent necessary for na-
16
tional security purposes, and subject to appropriate
17
confidentiality and classification requirements.
18
19
‘‘(4) Identity of a covered foreign person in the
public database described in section 805.
20
21
‘‘(5) Information that the parties have consented to be disclosed to third parties.
22
‘‘(6) Information gathered by the Secretary or
23
the Secretary’s designee where the disclosure is de-
24
termined to be in the national security interest,
25
which may include publication of anonymized data.
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1
‘‘SEC. 809. DEFINITIONS.
2
‘‘In this title:
3
‘‘(1) APPROPRIATE
4
TEES.—Except
5
term
6
means—
CONGRESSIONAL COMMIT-
as provided in section 804(d), the
‘appropriate
congressional
committees’
7
‘‘(A) the Committee on Financial Services,
8
the Committee on Foreign Affairs, and the
9
Committee on Appropriations of the House of
10
Representatives; and
11
‘‘(B) the Committee on Banking, Housing,
12
and Urban Affairs and the Committee on Ap-
13
propriations of the Senate.
14
‘‘(2) COUNTRY OF CONCERN.—The term ‘coun-
15
try of concern’ means—
16
‘‘(A) the People’s Republic of China, in-
17
cluding the Hong Kong and Macau Special Ad-
18
ministrative Regions;
19
‘‘(B) the Republic of Cuba;
20
‘‘(C) the Islamic Republic of Iran;
21
‘‘(D) the Democratic People’s Republic of
22
Korea;
23
‘‘(E) the Russian Federation; and
24
‘‘(F) the Bolivarian Republic of Venezuela
25
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1
‘‘(3) COVERED FOREIGN PERSON.—Subject to
2
regulations prescribed in accordance with this title,
3
the term ‘covered foreign person’ means a foreign
4
person that—
5
‘‘(A) is incorporated in, has a principal
6
place of business in, or is organized under the
7
laws of a country of concern;
8
‘‘(B) is a member of the Central Com-
9
mittee of the Chinese Communist Party or is a
10
member of the political leadership of a country
11
of concern;
12
‘‘(C) is subject to the direction or control
13
of a country of concern, as defined by regula-
14
tion, an entity described in subparagraph (A) or
15
(B), or the state or the government of a coun-
16
try of concern (including any political subdivi-
17
sion, agency, or instrumentality thereof); or
18
‘‘(D) is owned in the aggregate, directly or
19
indirectly, 50 percent or more by a country of
20
concern, an entity described in subparagraph
21
(A) or (B), or the state or the government of
22
a country of concern (including any political
23
subdivision, agency, or instrumentality thereof).
24
‘‘(4) COVERED
25
ACTION.—
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NATIONAL
SECURITY
TRANS-
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1
‘‘(A) IN GENERAL.—Subject to such regu-
2
lations as may be issued in accordance with this
3
title, the term ‘covered national security trans-
4
action’ means a United States person’s direct
5
or indirect—
6
‘‘(i) acquisition of an equity interest
7
or contingent equity interest in a covered
8
foreign person that the United States per-
9
son knows at the time of the acquisition is
10
a covered foreign person;
11
‘‘(ii) provision of a loan or similar
12
debt financing arrangement to a covered
13
foreign person that the United States per-
14
son knows at the time of the provision is
15
a covered foreign person, where such debt
16
financing affords or will afford the United
17
States person an interest in profits of the
18
covered foreign person, the right to ap-
19
point members of the board of directors
20
(or equivalent) of the covered foreign per-
21
son, or other comparable financial or gov-
22
ernance rights characteristic of an equity
23
investment but not typical of a loan;
24
‘‘(iii) entrance by such United States
25
person into a joint venture, wherever lo-
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2969
1
cated, that is formed with a person of a
2
country of concern, and that the subject
3
United States person knows at the time of
4
entrance into the joint venture that the
5
joint venture will engage, or plans to en-
6
gage,
7
notifiable technology;
in
a
prohibited
technology
or
8
‘‘(iv) conversion of a contingent equity
9
interest (or interest equivalent to a contin-
10
gent equity interest) or conversion of debt
11
to an equity interest in a covered foreign
12
person;
13
‘‘(v) acquisition, leasing, or other de-
14
velopment of operations, land, property, or
15
other assets in a country of concern that
16
the United States person knows at the
17
time of such acquisition, leasing, or other
18
development will result in, or that the
19
United States person plans to result in—
20
‘‘(I) the establishment of a cov-
21
ered foreign person; or
22
‘‘(II) the engagement of a person
23
of a country of concern in a prohib-
24
ited technology or notifiable tech-
25
nology;
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1
‘‘(vi) knowingly directing prohibited
2
transactions or notifiable transactions by
3
foreign persons that the United States per-
4
son has knowledge at the time of the
5
transaction would constitute an activity de-
6
scribed in clause (i), (ii), (iii), (iv), or (v),
7
if engaged in by a United States person;
8
‘‘(vii) acquisition of a limited partner
9
or equivalent interest in a venture capital
10
fund, private equity fund, fund of funds, or
11
other pooled investment fund (in each case
12
where the fund is not a United States per-
13
son) that the United States person has
14
knowledge at the time of the acquisition
15
likely will invest in a person of a country
16
of concern that is in one of the notifiable
17
technology or prohibited technology sec-
18
tors, and such fund undertakes a trans-
19
action that would be a covered national se-
20
curity transaction if undertaken by a
21
United States person; or
22
‘‘(viii) any other transaction identified
23
by the Secretary, in consultation with the
24
appropriate congressional committees and
25
subject to public notice and comment in
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2971
1
accordance with subchapter II of chapter 5
2
and chapter 7 of title 5, United States
3
Code, and not subject to the requirements
4
of section 709, that is contributing to the
5
military, intelligence, surveillance, or cyber-
6
enabled capabilities of a country of con-
7
cern.
8
‘‘(B) EXCEPTIONS AND CLARIFICATIONS.—
9
Subject to regulations prescribed in accordance
10
with this title, the term ‘covered national secu-
11
rity transaction’ does not include—
12
‘‘(i) any transaction the value of
13
which the Secretary determines is de mini-
14
mis;
15
‘‘(ii) any category of transactions that
16
the Secretary determines is in the national
17
interest of the United States;
18
‘‘(iii) an investment—
19
‘‘(I) in a security (as defined in
20
section 3(a) of the Securities Ex-
21
change Act of 1934 (15 U.S.C.
22
78c(a))) that is traded on an ex-
23
change or the over-the-counter market
24
in any jurisdiction;
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1
‘‘(II) in a security issued by an
2
investment company (as defined in
3
section 3 of the Investment Company
4
Act of 1940 (15 U.S.C. 80a–3)) that
5
is registered with the Securities and
6
Exchange Commission, or, if the Sec-
7
retary chooses to include it as an ex-
8
ception from a covered national secu-
9
rity transaction, in a security issued
10
by a non-United States investment
11
company that is registered with a for-
12
eign regulator with comparable over-
13
sight standards and regulatory juris-
14
diction to the Securities and Ex-
15
change Commission as determined by
16
the Secretary of Treasury;
17
‘‘(III) made as a limited partner
18
or equivalent in a venture capital
19
fund, private equity fund, fund of
20
funds, or other pooled investment
21
fund (other than as described in sub-
22
clause (II)) where—
23
‘‘(aa) the limited partner or
24
equivalent’s committed capital is
25
not more than a de minimis
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2973
1
amount, as determined by the
2
Secretary, aggregated across any
3
investment and co-investment ve-
4
hicles of the fund; or
5
‘‘(bb) the limited partner or
6
equivalent has secured a binding
7
contractual assurance that its
8
capital in the fund will not be
9
used to engage in a transaction
10
that would be a covered national
11
security transaction if engaged in
12
by a United States person; or
13
‘‘(IV) in a derivative of a security
14
described under subclause (I), (II), or
15
(III);
16
‘‘(iv) any ancillary transaction under-
17
taken by a financial institution (as defined
18
in section 5312 of title 31, United States
19
Code);
20
‘‘(v) the acquisition by a United
21
States person of the equity or other inter-
22
est owned or held by a covered foreign per-
23
son in an entity or assets located outside
24
of a country of concern in which the
25
United States person is acquiring the to-
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2974
1
tality of the interest in the entity held by
2
the covered foreign person;
3
‘‘(vi) an intracompany transfer of
4
funds, as defined in regulations prescribed
5
in accordance with this title, from a United
6
States parent company to a subsidiary lo-
7
cated in a country of concern or a trans-
8
action that, but for this clause, would be a
9
covered national security transaction be-
10
tween a United States person and its con-
11
trolled foreign person that supports oper-
12
ations that are not covered national secu-
13
rity transactions or that maintains covered
14
national security transactions that the con-
15
trolled foreign person was engaged in prior
16
to the effective date of the regulations im-
17
plementing this title;
18
‘‘(vii) a transaction secondary to a
19
covered national security transaction, in-
20
cluding—
21
‘‘(I)
contractual
arrangements
22
(not including contractual arrange-
23
ments for technology transfer or tech-
24
nical knowledge transfer) or the pro-
25
curement of material inputs for any
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1
covered national security transaction
2
(such as raw materials);
3
‘‘(II) bank lending;
4
‘‘(III) the processing, clearing, or
5
sending of payments by a bank;
6
‘‘(IV) underwriting services in-
7
cluding, but not limited to, the tem-
8
porary acquisition of an equity inter-
9
est for the sole purpose of facilitating
10
underwriting services;
11
‘‘(V) debt rating services;
12
‘‘(VI) prime brokerage;
13
‘‘(VII) global custody;
14
‘‘(VIII) equity research or anal-
15
ysis; or
16
‘‘(IX) other similar services;
17
‘‘(viii) any ordinary or administrative
18
business transaction as may be defined in
19
such regulations; or
20
‘‘(ix) any transaction completed before
21
the date of the enactment of this title.
22
‘‘(C)
ANCILLARY
TRANSACTION
DE-
23
FINED.—In this paragraph, the term ‘ancillary
24
transaction’ means, subject to regulations pre-
25
scribed by the Secretary—
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1
‘‘(i) the processing, settling, clearing,
2
or sending of payments and cash trans-
3
actions;
4
‘‘(ii) underwriting services, including
5
the temporary acquisition of an equity in-
6
terest for the sole purpose of facilitating
7
underwriting services;
8
‘‘(iii) credit rating services; and
9
‘‘(iv) other services ordinarily incident
10
to and part of the provision of financial
11
services, such as opening deposit accounts,
12
direct custody services, foreign exchange
13
services, remittances services, and safe de-
14
posit services.
15
‘‘(5) FOREIGN PERSON.—The term ‘foreign per-
16
son’ has the meaning given that term in regulations
17
prescribed in accordance with this title.
18
19
‘‘(6) KNOWLEDGE; KNOW.—The terms ‘knowledge’ or ‘know’ mean—
20
‘‘(A) actual knowledge that a fact or cir-
21
cumstance exists or is substantially certain to
22
occur;
23
‘‘(B) an awareness of a high probability of
24
a fact or circumstance’s existence or future oc-
25
currence; or
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1
‘‘(C) reason to know of a fact or cir-
2
cumstance’s existence.
3
‘‘(7) NOTIFIABLE TECHNOLOGY.—
4
‘‘(A) IN GENERAL.—Subject to the regula-
5
tions prescribed in accordance with this title,
6
the term ‘notifiable technology’ means a tech-
7
nology within the following areas not already
8
captured by the technical thresholds specified
9
by any regulations issued in accordance with
10
section 801:
11
12
‘‘(i) Semiconductor technology and
microelectronics.
13
‘‘(ii) Artificial intelligence systems.
14
‘‘(iii)
15
nologies.
16
‘‘(iv)
17
Quantum
information
High-performance
tech-
computing
and supercomputing.
18
‘‘(v) Hypersonic systems.
19
‘‘(B) UPDATES.—The Secretary, in con-
20
sultation with the appropriate congressional
21
committees and subject to notice and comment
22
in accordance with subchapter II of chapter 5
23
and chapter 7 of title 5, United States Code,
24
and not subject to the requirements of section
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709, may prescribe regulations in accordance
2
with this title to—
3
‘‘(i) define the technical parameters of
4
technologies described in subparagraph
5
(A),as reasonably needed for national secu-
6
rity purposes; or
7
‘‘(ii) to add and define categories to
8
the list in subparagraph (A) that enable
9
the military, intelligence, surveillance, or
10
cyber-enabled capabilities of a country of
11
concern.
12
‘‘(8) PARTY.—The term ‘party’, with respect to
13
a covered national security transaction, has the
14
meaning given that term in regulations prescribed in
15
accordance with this title.
16
‘‘(9) PERSON.—The term ‘person’ includes an
17
individual, corporation, partnership, association, or
18
any other organized group of persons, or legal suc-
19
cessor or representative thereof, or any State or
20
local government or agency thereof.
21
‘‘(10) PROHIBITED TECHNOLOGY.—
22
‘‘(A) IN GENERAL.—Subject to the regula-
23
tions prescribed in accordance with this title,
24
the term ‘prohibited technology’ means a tech-
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nology within the following areas, as specified
2
by the regulations:
3
4
‘‘(i) Advanced semiconductor technology and microelectronics.
5
‘‘(ii) Artificial intelligence systems.
6
‘‘(iii)
7
nologies.
8
‘‘(iv)
9
Quantum
information
High-performance
tech-
computing
and supercomputing.
10
‘‘(v) Hypersonic systems.
11
‘‘(B) UPDATES.—The Secretary, in con-
12
sultation with the appropriate congressional
13
committees and subject to notice and comment
14
in accordance with subchapter II of chapter 5
15
and chapter 7 of title 5, United States Code,
16
and not subject to the requirements of section
17
709, may prescribe regulations in accordance
18
with this title to—
19
‘‘(i) define the technical parameters of
20
technologies described in subparagraph
21
(A), as reasonably needed for national se-
22
curity purposes; or
23
‘‘(ii) to add and define categories to
24
the list in subparagraph (A) that enable
25
the military, intelligence, surveillance, or
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cyber-enabled capabilities of a country of
2
concern.
3
‘‘(11) SECRETARY.—Except as otherwise pro-
4
vided, the term ‘Secretary’ means the Secretary of
5
the Treasury.
6
7
‘‘(12) UNITED
STATES
PERSON.—The
term
‘United States person’ means—
8
‘‘(A) any United States citizen or an alien
9
lawfully admitted for permanent residence to
10
the United States;
11
‘‘(B) an entity organized under the laws of
12
the United States or of any jurisdiction within
13
the United States (including any foreign branch
14
of such an entity); or
15
‘‘(C) any person in the United States.’’.
17
Subtitle D—Securities and Related
Matters
18
SEC. 8531. REQUIREMENTS RELATING TO THE NON-SDN
16
19
CHINESE
20
COMPANIES LIST.
21
MILITARY-INDUSTRIAL
COMPLEX
(a) REPORT.—
22
(1) IN GENERAL.—Not later than two years
23
after the date of the enactment of this Act, and bi-
24
ennially thereafter for six years, the President shall
25
submit to the appropriate congressional committees
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1
a report that states whether any of the following for-
2
eign persons qualifies for inclusion on the Non-SDN
3
Chinese
4
List:
Military-Industrial
Complex
Companies
5
(A) Any PRC person listed on the Military
6
End-User List (Supplement No. 7 to part 744
7
of the Export Administration Regulations).
8
(B) Any PRC person listed pursuant to
9
section 1260H of the William M. (Mac) Thorn-
10
berry National Defense Authorization Act for
11
Fiscal Year 2021 (10 U.S.C. 113 note).
12
(C) Any PRC person listed on the Depart-
13
ment of Commerce’s Entity List (Supplement
14
No. 4 to part 744 of the Export Administration
15
Regulations).
16
(D) Any PRC person listed on the Federal
17
Communications Commission’s Covered List
18
pursuant to the Secure and Trusted Commu-
19
nications Networks Act of 2019 (47 U.S.C.
20
1601).
21
(E) Any PRC person listed on the Uyghur
22
Forced Labor Prevention Act Entity List pur-
23
suant to the Uyghur Forced Labor Prevention
24
Act (P.L. 117-78).
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1
(2) PROCESS REQUIRED.—To prepare the re-
2
ports required by paragraph (1), the President shall
3
establish a process under which the Federal agencies
4
responsible for administering the lists described in
5
subparagraphs (A), (B), and (C) of paragraph (1)
6
shall share with each other all relevant information
7
that led to the identification of the entities described
8
in such lists.
9
(3)
RISK-BASED
PRIORITIZATION
FRAME-
10
WORK.—In making the initial determinations under
11
paragraph (1), the Secretary may establish a risk-
12
based
13
prioritization of entity review submitted to the Sec-
14
retary by the Federal agencies administering the
15
lists described in subparagraphs (A), (B), and (C) of
16
paragraph (1).
17
prioritization
framework
factoring
in
(4) ANNUAL REPORTS TO THE APPROPRIATE
18
CONGRESSIONAL COMMITTEES.—The
19
paragraph (1) may summarize findings concerning
20
entities previously reviewed pursuant to this section
21
that do not necessitate additional review by the Sec-
22
retary.
23
(5) MATTERS
report under
TO BE INCLUDED.—The
Sec-
24
retary shall include in the report required by para-
25
graph (1) an overview of the criteria required for
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listing on the Non-SDN Chinese Military-Industrial
2
Complex Companies List. The heads of the Federal
3
agencies administering the lists described in sub-
4
paragraphs (A), (B), and (C) of paragraph (1) shall
5
provide to the Secretary for use in the report an
6
overview of the criteria for entity identification or
7
listing on each respective list.
8
(b) DEFINITIONS.—In this section:
9
(1) APPROPRIATE
10
TEES.—The
11
mittees’’ means—
CONGRESSIONAL
COMMIT-
term ‘‘appropriate congressional com-
12
(A) the Committee on Financial Services
13
and the Committee on Foreign Affairs of the
14
House of Representatives; and
15
(B) the Committee on Banking, Housing,
16
and Urban Affairs of the Senate.
17
(2) COUNTRY OF CONCERN.—The term ‘‘coun-
18
try of concern’’—
19
(A) means the People’s Republic of China;
20
and
21
(B) includes the Hong Kong Special Ad-
22
ministrative Region and the Macau Special Ad-
23
ministrative Region.
24
(3) NON-SDN CHINESE MILITARY-INDUSTRIAL
25
COMPLEX COMPANIES LIST.—The
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term ‘‘Non-SDN
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Chinese
2
List’’ means the list maintained by the Office of
3
Foreign Assets Control of the Department of the
4
Treasury under Executive Order 13959, as amended
5
by Executive Order 14032 (50 U.S.C. 1701 note; re-
6
lating to addressing the threat from securities in-
7
vestments that finance certain companies of the Peo-
8
ple’s Republic of China), and any successor order.
9
10
Military-Industrial
Complex
Companies
(4) PRC PERSON.—The term ‘‘PRC person’’
means a foreign person that—
11
(A) is incorporated in a principal place of
12
business in, or is organized under the laws of,
13
a country of concern;
14
15
(B) is a member of the Central Committee
of the Chinese Communist Party;
16
(C) is the state or the government of a
17
country of concern, as well as any political sub-
18
division, agency, or instrumentality thereof; or
19
(D) is owned in the aggregate, directly or
20
indirectly, 50 percent or more by an entity or
21
a group of entities described in subparagraph
22
(A), (B), or (C).
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TITLE LXXXVI—SECURING THE
2
AIRSPACE,
FACILITATING
3
EMERGENCY RESPONSE, AND
4
SAFEGUARDING KEY INFRA5
STRUCTURE,
ENTERTAIN6
MENT VENUES, AND STA7
DIUMS
1
Sec. 8601. Short title.
Sec. 8602. Drone countermeasures to protect public safety and critical infrastructure.
Sec. 8603. Use of grant funds for unmanned aircraft and counter unmanned
aircraft systems.
Sec. 8604. Use of grant funds for unmanned aircraft.
Sec. 8605. Penalties.
Sec. 8606. Rulemaking and implementation.
Sec. 8607. Severability.
8
SEC. 8601. SHORT TITLE.
9
This title may be cited as the ‘‘SAFER SKIES Act’’.
10
SEC. 8602. DRONE COUNTERMEASURES TO PROTECT PUB-
11
LIC
12
TURE.
13
SAFETY
AND
CRITICAL
INFRASTRUC-
Section 210G of the Homeland Security Act of 2002
14 (6 U.S.C. 124n) is amended—
15
(1) by striking subsection (a) and inserting the
16
following:
17
‘‘(a) AUTHORITIES.—
18
‘‘(1) AUTHORITY
OF
THE
DEPARTMENT
OF
19
HOMELAND SECURITY AND DEPARTMENT OF JUS-
20
TICE.—Notwithstanding
21
United States Code, or sections 32, 1030, 1367 and
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section 46502 of title 49,
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2986
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chapters 119 and 206 of title 18, United States
2
Code, the Secretary and the Attorney General may,
3
for their respective Departments, take and may au-
4
thorize personnel to take such actions as are de-
5
scribed in subsection (b)(1) that are necessary to en-
6
force the law, protect the public, or to mitigate a
7
credible threat that an unmanned aircraft system or
8
unmanned aircraft poses to the safety or security of
9
a covered facility or asset.
10
‘‘(2) AUTHORITY OF STATE, LOCAL, TRIBAL,
11
AND TERRITORIAL LAW ENFORCEMENT AND COR-
12
RECTIONAL
13
46502 of title 49, United States Code, or sections
14
32, 1030, 1367 and chapters 119 and 206 of title
15
18, United States Code, notwithstanding the laws of
16
any particular State, local, Tribal, or territorial ju-
17
risdiction, and after completing the training detailed
18
in subsection (d)(2), any State, local, Tribal, or ter-
19
ritorial law enforcement or correctional agency may,
20
subject to subsection (d)(2), take, and authorize per-
21
sonnel with assigned duties that include the security
22
or protection of people, facilities, or assets, to take
23
such actions as are described in subsection (b)(1)
24
that are necessary to mitigate a credible threat that
25
an unmanned aircraft system or unmanned aircraft
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AGENCIES.—Notwithstanding
section
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2987
1
poses to the safety or security of people, facilities,
2
and assets, a venue or set of venues used for large-
3
scale public gatherings or events, critical infrastruc-
4
ture, or correctional facilities.’’;
5
(2) in subsection (b)(1)(B), by striking ‘‘and
6
electromagnetic means’’ and inserting ‘‘electro-
7
magnetic means, and through the use of remote
8
identification broadcast or other means’’; and
9
(3) in subsection (c)—
10
(A) by inserting ‘‘pursuant to subsection
11
(a)(1)’’ after ‘‘Attorney General’’;
12
(B) by striking ‘‘Any unmanned’’ and in-
13
serting the following:
14
‘‘(1) FEDERAL
15
AGENCIES.—Any
unmanned’’;
and
16
(C) by adding at the end the following:
17
‘‘(2) OTHER AGENCIES.—Any unmanned air-
18
craft system or unmanned aircraft described in sub-
19
section (a) that is seized by a State, local, Tribal, or
20
territorial law enforcement or correctional agency
21
pursuant to subsection (a)(2) is subject to forfeiture
22
under the laws of the agency’s jurisdiction.’’;
23
(4) in subsection (d)—
24
(A) in paragraph (1), by striking ‘‘or the
25
Attorney General’’ and inserting ‘‘, the Attor-
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2988
1
ney General, or any State, local, Tribal, or ter-
2
ritorial law enforcement or correctional agen-
3
cy’’;
4
(B) by redesignating paragraph (2) as
5
paragraph (3); and
6
(C) by inserting after paragraph (1) the
7
following:
8
‘‘(2) STATE, LOCAL, TRIBAL, AND TERRITORIAL
9
LAW
10
CATION.—
11
12
ENFORCEMENT
TRAINING
AND
CERTIFI-
‘‘(A) TRAINING AND CERTIFICATION REQUIRED.—
13
‘‘(i) IN GENERAL.—Only State, local,
14
Tribal, or territorial law enforcement and
15
correctional officers who have been trained
16
and certified by the Attorney General, or
17
the Attorney General’s designee, in coordi-
18
nation with the Secretary of Homeland Se-
19
curity through a national schoolhouse
20
which will serve as the sole certifying au-
21
thority for State, local, Tribal, territorial,
22
and correctional officers in the use of the
23
authority granted under subsection (a)(2),
24
may exercise authorities in subsection
25
(b)(1)(C), (D), and (F).
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1
‘‘(ii) TRAINING AND CERTIFICATION
2
PROCEDURES.—The
3
coordination with the Secretary of Home-
4
land Security, the Secretary of Defense,
5
and the Secretary of Transportation, shall,
6
not later than 180 days after the date of
7
enactment of the SAFER SKIES Act, de-
8
velop training and certification procedures
9
for the use of the authority described in
10
subsection (a)(2) that State, local, Tribal,
11
and territorial law enforcement and correc-
12
tional officers shall be required to satisfy
13
before taking any actions described in sub-
14
section (b)(1).
Attorney General, in
15
‘‘(iii) TECHNOLOGIES.—Technologies
16
used by State, local, Tribal, and territorial
17
law enforcement or correctional agencies to
18
take actions described in subsection (b)(1)
19
shall be limited to systems or technologies
20
that are included on a list of authorized
21
technologies maintained jointly by the De-
22
partment of Justice, the Department of
23
Homeland Security, the Department of De-
24
fense, the Department of Transportation,
25
the Federal Communications Commission,
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1
and the National Telecommunications and
2
Information Administration.
3
‘‘(B) OVERSIGHT.—The Attorney General,
4
in coordination with the Secretary of Homeland
5
Security and the Administrator of the Federal
6
Aviation Administration, shall oversee compli-
7
ance with the requirements set forth in sub-
8
section (e) with respect to the use of the au-
9
thority granted under subsection (a)(2) by each
10
State, local, Tribal, and territorial law enforce-
11
ment agency that has been certified pursuant to
12
the training and certification requirements de-
13
scribed in subparagraph (A).
14
‘‘(C) STATE, LOCAL, TRIBAL, AND TERRI-
15
TORIAL
16
TIONAL AGENCIES MITIGATION NOTIFICATION
17
REQUIREMENT.—
LAW
ENFORCEMENT
AND
CORREC-
18
‘‘(i) IN GENERAL.—Any State, local,
19
Tribal, or territorial law enforcement or
20
correctional agency exercising authority
21
under subsection (a)(2) shall, within 48
22
hours of taking any mitigation action de-
23
scribed in subsection (b)(1), submit a noti-
24
fication to the Attorney General and the
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2991
1
Secretary
2
taining—
of
Homeland
Security
con-
3
‘‘(I) the date, time, and geo-
4
graphic location of the mitigation ac-
5
tion;
6
‘‘(II) a brief description of the
7
credible threat or safety concern ne-
8
cessitating such action;
9
‘‘(III) the type of mitigation ca-
10
pability employed; and
11
‘‘(IV) any known operational ef-
12
fects, including the seizure, disabling,
13
or destruction of an unmanned air-
14
craft system or unmanned aircraft.
15
‘‘(ii) REPORT MECHANISM.—The At-
16
torney General and the Secretary of Home-
17
land Security shall establish a streamlined
18
and secure submission mechanism to sup-
19
port the notification requirement under
20
clause (i).
21
‘‘(D) REPORTS.—Not later than 1 year
22
after the date of enactment of the SAFER
23
SKIES Act, and biannually thereafter, the At-
24
torney General, in coordination with the Sec-
25
retary of Homeland Security and the Secretary
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2992
1
of Transportation, shall submit to the appro-
2
priate congressional committees an unclassified
3
report with a classified annex on activities car-
4
ried out by State, local, Tribal, and territorial
5
law and correctional enforcement agencies exer-
6
cising the authority granted under subsection
7
(a)(2) and subject to the training and certifi-
8
cation requirements described in subparagraph
9
(A), including—
10
‘‘(i) a description of the training and
11
certification procedures developed and im-
12
plemented
13
(A)(ii);
pursuant
to
subparagraph
14
‘‘(ii) a list of State, local, Tribal, and
15
territorial law enforcement and correc-
16
tional agencies that applied for and were
17
certified to exercise the authorities granted
18
by subsection (a)(2);
19
‘‘(iii) a list of currently authorized
20
technologies pursuant to subparagraph
21
(A)(iii);
22
‘‘(iv) the frequency, location, and cir-
23
cumstances of State, local, Tribal, terri-
24
torial, and correctional officers mitigation
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1
deployments and types of mitigation em-
2
ployed;
3
‘‘(v) a list of any aviation security or
4
safety incidents that occurred due to State,
5
local, Tribal, territorial, and correctional
6
officers deployment of counter-UAS tech-
7
nologies;
8
‘‘(vi) recommendations for improving
9
State, local, Tribal, and territorial law and
10
correctional agencies counter-UAS train-
11
ing, oversight, compliance, and execution
12
and the compliance audits required by sec-
13
tion 8606(b)(2) of the SAFER SKIES
14
Act; and
15
‘‘(vii) a determination on if State,
16
local, Tribal, and territorial law and cor-
17
rectional agencies are able to fully protect
18
critical infrastructure from the drone
19
threat and if not, recommendations on how
20
to expand counter-UAS authorities to crit-
21
ical infrastructure owners.’’;
22
(5) in subsection (e)—
23
(A) in the matter preceding paragraph (1),
24
by striking ‘‘or the Attorney General’’ and in-
25
serting ‘‘, the Attorney General, or any State,
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1
local, Tribal, or territorial law enforcement or
2
correctional agency’’;
3
(B) in paragraph (3)—
4
(i) by striking ‘‘or the Attorney Gen-
5
eral’’ and inserting ‘‘, the Attorney Gen-
6
eral, or any State, local, Tribal, or terri-
7
torial law enforcement or correctional
8
agency’’;
9
10
(ii) by inserting ‘‘, State, local, Tribal,
or territorial’’ after ‘‘Federal’’; and
11
(iii) by inserting ‘‘(as applicable)’’
12
after ‘‘law’’;
13
(C) in paragraph (4), in the matter pre-
14
ceding subparagraph (A), by striking ‘‘or the
15
Department of Justice’’ and inserting ‘‘the De-
16
partment of Justice, or the State, local, Tribal,
17
or territorial law enforcement or correctional
18
agency’’; and
19
(D) in paragraph (5)—
20
21
(i) by striking ‘‘tribal’’ and inserting
‘‘Tribal’’; and
22
(ii) by inserting ‘‘other than those of
23
an aeronautical communications system, as
24
allowed for in section 2511(2)(g)(ii)(IV) of
25
title 18, United States Code, or informa-
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1
tion readily available to the public’’ after
2
‘‘which shall not include communications’’;
3
(6) in subsection (g)(3)(G)—
4
(A) by inserting ‘‘Tribal, territorial,’’ after
5
‘‘State,’’; and
6
(B) by inserting ‘‘, including those exer-
7
cised under subsection (a)(2)’’ after ‘‘authori-
8
ties’’;
9
(7) by redesignating subsections (j), (k), and (l)
10
as subsections (k), (l), and (m);
11
(8) by striking subsection (i) and inserting the
12
following:
13
‘‘(i) APPLICABILITY OF OTHER LAWS TO ACTIVITIES
14 RELATED TO THE MITIGATION OF THREATS FROM UN15
MANNED
16
CRAFT.—Sections 32, 1030, and 1367 and chapters 119
AIRCRAFT SYSTEMS
OR
UNMANNED AIR-
17 and 206 of title 18, United States Code, and section
18 46502 of title 49, United States Code, may not be con19 strued to apply to activities of the Coast Guard, whether
20 under this section or any other provision of law, that—
21
22
‘‘(1) are conducted outside the United States;
and
23
‘‘(2) are related to the mitigation of threats
24
from unmanned aircraft systems or unmanned air-
25
craft.
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1
‘‘(j) TERMINATIONS.—
2
‘‘(1) COUNTER-UAS AUTHORITY.—The author-
3
ity to carry out this section with respect to a covered
4
facility or asset, protecting the public, and enforcing
5
the law shall terminate on September 30, 2031.
6
‘‘(2) STATE, LOCAL, TRIBAL, AND TERRITORIAL
7
LAW
8
CIES.—Authority
9
torial law enforcement and correctional agencies
10
under subsection (a)(2) shall terminate on December
11
31, 2031.’’;
12
ENFORCEMENT
AND
CORRECTIONAL
AGEN-
of State, local, tribal, and terri-
(9) in subsection (l), as so redesignated—
13
(A) in paragraph (3)(C) by inserting ‘‘a
14
Federal law enforcement, correctional, and
15
homeland security agency mission necessary to
16
enforce the law, protect the public or to’’ after
17
‘‘directly relates to’’;
18
(B) by striking paragraph (6) and insert-
19
ing the following:
20
‘‘(6)(A) For purposes of subsection (a)(1), the
21
term ‘personnel’ means officers, employees, contrac-
22
tors, detailed personnel, and deputized personnel
23
who perform Federal law enforcement, correctional,
24
homeland or national security duties.
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1
‘‘(B) For purposes of subsection (a)(2), the
2
term ‘personnel’ means officers and employees of
3
State, local, Tribal, and territorial law enforcement
4
and correctional agencies.’’; and
5
(C) by adding at the end the following:
6
‘‘(9) The term ‘correctional facility’ means any
7
jail, prison, or any other penal or detention facility
8
operated by a State, local, Tribal, or territorial law
9
enforcement agency, or by a private party that is
10
under contract with a State, local, Tribal, or terri-
11
torial law enforcement agency, and used to house in-
12
dividuals who have been arrested, detained, held, or
13
charged with or convicted of criminal offenses.
14
‘‘(10) The term ‘critical infrastructure’ has the
15
meaning given the term in subsection (e) of the Crit-
16
ical Infrastructures Protection Act of 2001 (Public
17
Law 107–56).’’; and
18
19
(10) by adding at the end the following:
‘‘(n) REIMBURSEMENT PROGRAM.—Not later than
20 180 days of after the date of enactment of the SAFER
21 SKIES Act, the Secretary of Homeland Security and the
22 Attorney General shall provide the appropriate congres23 sional committees with a plan to establish a reimburse24 ment program for Federal agencies providing counter-
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1 UAS protection to events that are not organized or oper2 ated by the Federal Government.’’.
3
SEC. 8603. USE OF GRANT FUNDS FOR UNMANNED AIR-
4
CRAFT AND COUNTER UNMANNED AIRCRAFT
5
SYSTEMS.
6
Section 501(a)(1) of the Omnibus Crime Control and
7 Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
8 amended by adding at the end the following:
9
‘‘(J) Programs to purchase and operate
10
unmanned aircraft systems (as defined in sec-
11
tion 44801 of title 49, United States Code) to
12
benefit public safety.
13
‘‘(K) Programs to purchase and operate
14
counter-UAS systems (as defined in section
15
44801 of title 49, United States Code) included
16
on the list of technologies established by sub-
17
section (d)(2)(A)(iii) section 210G of the
18
Homeland Security Act of 2002 (6 U.S.C.
19
124n(d)(2)(A)(iii)) to exercise the authority
20
granted under subsection (a)(2) of such sec-
21
tion.’’.
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SEC. 8604. USE OF GRANT FUNDS FOR UNMANNED AIR-
2
CRAFT.
3
Section 1701(b) of the Omnibus Crime Control and
4 Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amend5 ed—
6
7
(1) by redesignating paragraphs (23) and (24)
as paragraphs (24) and (25), respectively;
8
9
(2) by inserting after paragraph (22) the following:
10
‘‘(23) to purchase and operate unmanned air-
11
craft systems (as such term is defined in section
12
44801 of title 49, United States Code) to benefit
13
public safety;’’; and
14
15
16
17
(3) in paragraph (24), as so redesignated, by
striking ‘‘(22)’’ and inserting ‘‘(23)’’.
SEC. 8605. PENALTIES.
(a) DEFINITION.—In this section, the term ‘‘un-
18 manned aircraft’’ has the meaning given the term in sec19 tion 44801 of title 49, United States Code.
20
(b) FELONY PENALTY FOR REPEAT VIOLATION OF
21 NATIONAL DEFENSE AIRSPACE.—Section 46307 of title
22 49, United States Code, is amended by adding at the end
23 the following: ‘‘If a person is convicted of a second or sub24 sequent offense under this section, the punishment shall
25 be imprisonment for not more than 5 years, a fine under
26 title 18, or both.’’.
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(c) INCREASED PENALTIES FOR OPERATION OF UN-
2
MANNED AIRCRAFT TO FACILITATE FELONY OFFENSE.—
3 If a person who is convicted of a felony offense (other than
4 an offense based solely on the operation of an unmanned
5 aircraft) knowingly operated an unmanned aircraft dur6 ing, in relation to, or in furtherance of such offense, the
7 maximum imprisonment otherwise provided by law for
8 that offense shall be doubled or increased by 5 years,
9 whichever is less.
10
(d) INCREASED PENALTIES FOR USE OF UNMANNED
11 AIRCRAFT
12
TO
INTRODUCE CONTRABAND INTO PRIS-
ONS.—If a defendant who is convicted under section 1791
13 of title 18, United States Code, knowingly used an un14 manned aircraft to provide a prohibited object to an in15 mate of a prison, the maximum imprisonment otherwise
16 provided by law for that offense shall be increased by 5
17 years.
18
(e) DIRECTIVE TO UNITED STATES SENTENCING
19 COMMISSION: ENHANCED SENTENCING RANGE FOR USE
20
OF UNMANNED AIRCRAFT.—
21
(1) IN GENERAL.—To carry out the purposes of
22
this section, during the Sentencing Commission’s
23
amendment cycle in progress at the time this Act is
24
enacted, the Commission shall, under section 994 of
25
title 28, United States Code,—
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(A) promulgate guidelines, or amendments
2
to guidelines, that substantially increase the
3
sentencing range for all offenses involving the
4
use of an unmanned aircraft; and
5
(B) as necessary, promulgate policy state-
6
ments, or amendments to policy statements to
7
assist in the application of this section.
8
(2) ENHANCED PENALTIES.—In any case in
9
which the enhanced penalties of subsection (c) apply,
10
the guidelines and amendments issued under para-
11
graph (1) shall call for an increase of at least 6 lev-
12
els in the base offense level and in all other cases,
13
the base offense level shall be increased by at least
14
4 levels.
15
(f) PENALTIES FOR UNAUTHORIZED COUNTER-UAS
16 ACTIONS.—Any entity or individual authorized to take
17 such actions to mitigate the threat posed by an unmanned
18 aircraft system or unmanned aircraft pursuant to section
19 210G of the Homeland Security Act of 2002 (6 U.S.C.
20 124n) who knowingly engages in such actions without
21 Federal coordination as required by those statutes, shall
22 be subject to—
23
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(2) suspension of counter-UAS authority pend-
2
ing review by the Attorney General or Secretary of
3
Homeland Security.
4
(g) CIVIL ENFORCEMENT.—The Attorney General is
5 authorized to bring a civil action in a United States dis6 trict court to collect fines and enforce civil penalties im7 posed under this section.
8
(h) EFFECTIVE DATE.—This section and the amend-
9 ments made by this section shall take effect 30 days after
10 enactment of this Act.
11
12
SEC. 8606. RULEMAKING AND IMPLEMENTATION.
(a) RULEMAKING AUTHORITY.—
13
(1) IN GENERAL.—Not later than 180 days
14
after the date of enactment of this Act, the Sec-
15
retary of Homeland Security and the Attorney Gen-
16
eral, in coordination with the Secretary of Defense
17
and the Secretary of Transportation, shall develop
18
and publish regulations governing counter-UAS au-
19
thority for SLTT law enforcement agencies and cor-
20
rectional agencies under this title and the amend-
21
ments made by this title.
22
(2) ROLE OF FAA.—In carrying out the rule-
23
making in paragraph (1), the Secretary of Home-
24
land Security and the Attorney General shall coordi-
25
nate with the Administrator of the Federal Aviation
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Administration on any aspect of the rulemaking that
2
affects aviation safety, civilian aviation and aero-
3
space operations, aircraft airworthiness, or the use
4
of airspace.
5
(3) SAVING CLAUSE.—Nothing in this section
6
shall be construed to vest in the Secretary or the At-
7
torney General any authority of the Secretary of
8
Transportation or the Administrator of the Federal
9
Aviation Administration.
10
(4)
AUTHORIZED
EQUIPMENT
AND
TECH-
11
NOLOGY.—The Secretary of Homeland Security, the
12
Attorney General, the Secretary of Defense, in co-
13
ordination with the Administrator of the Federal
14
Aviation Administration, the Chairman of the Fed-
15
eral Communications Commission, and the Adminis-
16
trator of National Telecommunications and Informa-
17
tion Administrator shall authorize equipment and
18
technology to be used for actions in subparagraphs
19
(B), (C), (D), and (F) of section 210G(b)(1) of the
20
Homeland Security Act of 2002.
21
(b) TRAINING AND COMPLIANCE.—
22
(1) IN GENERAL.—The Attorney General, in co-
23
ordination with the Secretary of Homeland Security,
24
the Secretary of Defense, and the Department of
25
Transportation, shall approve standards for training
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programs for SLTT law enforcement agencies or
2
correctional agencies for the safe and lawful inter-
3
ception of drones. Such training programs shall in-
4
clude instruction on the legal, operational, and tech-
5
nological aspects of counter-UAS operations.
6
(2) COMPLIANCE AUDITS.—The Attorney Gen-
7
eral and the Secretary of Homeland Security shall
8
periodically conduct compliance audits to prevent
9
misuse of counter-UAS authority.
10
(c) DEFINITIONS.—In this section:
11
(1) SLTT LAW ENFORCEMENT AGENCY.—The
12
term ‘‘SLTT law enforcement agency’’ means a
13
State, local, Tribal, or territorial law enforcement
14
agency.
15
(2) CORRECTIONAL AGENCY.—The term ‘‘cor-
16
rectional agency’’ means a Federal, State, local,
17
Tribal, or territorial government body responsible for
18
operating correctional facilities or a private party
19
that is under contract with a State, local, Tribal, or
20
territorial law enforcement agency to operate such
21
facilities.
22
(3) CORRECTIONAL FACILITY.—The term ‘‘cor-
23
rectional facility’’ means any jail, prison, or any
24
other penal or detention facility operated by a State,
25
local, Tribal, or territorial law enforcement agency,
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or by a private party that is under contract with a
2
State, local, Tribal, or territorial law enforcement
3
agency, and used to house individuals who have been
4
arrested, detained, held, or charged with or con-
5
victed of criminal offenses.
6
SEC. 8607. SEVERABILITY.
7
If any provision of this title, or the application of any
8 provision of this title to any person or circumstance is held
9 invalid, the application of such provision or circumstance
10 and the remainder of this title shall not be affected there11 by.
TITLE
LXXXVII—DFC
MOD13
ERNIZATION AND REAUTHOR14
IZATION ACT OF 2025
12
Sec. 8701. Short title.
Subtitle A—Definitions and Less Developed Country Focus
Sec. 8711. Definitions.
Sec. 8712. Less developed country focus.
Subtitle B—Management of Corporation
Sec. 8721. Structure of Corporation.
Sec. 8722. Board of Directors.
Sec. 8723. Chief Executive Officer.
Sec. 8724. Chief Risk Officer.
Sec. 8725. Chief Development Officer.
Sec. 8726. Chief Strategic Officer.
Sec. 8727. Officers and employees.
Sec. 8728. Development Finance Advisory Council.
Sec. 8729. Strategic Advisory Group.
Sec. 8730. Five-year strategic priorities plan.
Sec. 8731. Development finance education.
Sec. 8732. Internships.
Sec. 8733. Independent accountability mechanism.
Subtitle C—Authorities Relating to the Provision of Support
Sec. 8741. Equity investment.
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Sec. 8742. Special projects.
Sec. 8743. Terms and conditions.
Sec. 8744. Termination.
Subtitle D—Other Matters
Sec. 8751. Operations.
Sec. 8752. Corporate powers.
Sec. 8753. Maximum contingent liability.
Sec. 8754. Performance measures, evaluation, and learning.
Sec. 8755. Annual report.
Sec. 8756. Publicly available project information.
Sec. 8757. Notifications to be provided by the corporation.
Sec. 8758. Limitations and preferences.
1
2
SEC. 8701. SHORT TITLE.
This title may be cited as the ‘‘DFC Modernization
3 and Reauthorization Act of 2025’’.
4
5
6
7
Subtitle A—Definitions and Less
Developed Country Focus
SEC. 8711. DEFINITIONS.
Section 1402 of the Better Utilization of Investments
8 Leading to Development Act of 2018 (22 U.S.C. 9601)
9 is amended—
10
(1) by redesignating paragraphs (1), (2), (3),
11
and (4) as paragraphs (2), (5), (6), and (7), respec-
12
tively;
13
14
(2) by inserting before paragraph (2), as so redesignated, the following:
15
‘‘(1) ADVANCING INCOME COUNTRY.—The term
16
‘advancing income country’, with respect to a fiscal
17
year for the Corporation, means a country the gross
18
national income per capita of which at the start of
19
such fiscal year is—
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‘‘(A) greater than the World Bank thresh-
2
old for initiating the International Bank for Re-
3
construction and Development graduation proc-
4
ess; and
5
‘‘(B) is equal to or less than the per capita
6
income threshold for classification as a high-in-
7
come economy (as defined by the World
8
Bank).’’;
9
(3) by inserting after paragraph (2), as so re-
10
designated, the following:
11
‘‘(3) COUNTRY OF CONCERN.—The term ‘coun-
12
try of concern’ means any of the following countries:
13
‘‘(A) The Bolivarian Republic of Ven-
14
ezuela.
15
‘‘(B) The Republic of Cuba.
16
‘‘(C) The Democratic People’s Republic of
17
Korea.
18
‘‘(D) The Islamic Republic of Iran.
19
‘‘(E) The People’s Republic of China.
20
‘‘(F) The Russian Federation.
21
‘‘(G) The Republic of Belarus.
22
‘‘(4) HIGH-INCOME COUNTRY.—The term ‘high-
23
income country’, with respect to a fiscal year for the
24
Corporation, means a country with a high-income
25
economy (as defined by the World Bank) at the
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start of such fiscal year but does not include any
2
wealthy country except to the extent investments in
3
such wealthy country are permitted pursuant to sec-
4
tion 1412(f).’’;
5
6
(4) by striking paragraph (5), as so redesignated, and inserting the following:
7
‘‘(5) LESS DEVELOPED COUNTRY.—The term
8
‘less developed country’, with respect to a fiscal year
9
for the Corporation, means a country the gross na-
10
tional income per capita of which at the start of
11
such fiscal year is equal to or less than the World
12
Bank threshold for initiating the International Bank
13
for Reconstruction Development graduation proc-
14
ess.’’; and
15
(5) by adding at the end the following:
16
‘‘(8) WEALTHY COUNTRY.—The term ‘wealthy
17
country’, with respect to a fiscal year for the Cor-
18
poration—
19
‘‘(A) means a country that is among the
20
top 20 countries with the highest gross domes-
21
tic product per capita at purchasing power par-
22
ity, as calculated by the World Bank; and
23
‘‘(B) does not include members of the
24
‘Five Eyes’ alliance or the overseas territories
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of the 20 countries referred to in subparagraph
2
(A).’’.
3
4
SEC. 8712. LESS DEVELOPED COUNTRY FOCUS.
Section 1412 of the Better Utilization of Investments
5 Leading to Development Act of 2018 (22 U.S.C. 9612)
6 is amended—
7
(1) in subsection (b), in the first sentence—
8
(A) by striking ‘‘and countries in transi-
9
tion from nonmarket to market economies’’ and
10
inserting ‘‘countries in transition from non-
11
market to market economies, and other eligible
12
foreign countries’’; and
13
(B) by inserting ‘‘and national security’’
14
after ‘‘foreign policy’’; and
15
(2) by striking subsection (c) and inserting the
16
following:
17
‘‘(c) ELIGIBLE COUNTRIES.—
18
‘‘(1) LESS DEVELOPED COUNTRY FOCUS.—The
19
Corporation shall prioritize the provision of support
20
under title II in less developed countries.
21
‘‘(2) ADVANCING
INCOME
COUNTRIES.—The
22
Corporation may provide support for a project under
23
title II in an advancing income country if, before
24
providing such support, the Chief Executive Officer
25
certifies in writing to the appropriate congressional
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committees, that such support will be provided in ac-
2
cordance with the policy established pursuant to sub-
3
section (d)(2). Such certification may be included as
4
an appendix to the report required by section 1446.
5
‘‘(3) HIGH-INCOME COUNTRIES.—
6
‘‘(A) IN GENERAL.—The Corporation may
7
provide support for a project under title II in
8
a high-income country if, before providing such
9
support, the Chief Executive Officer certifies in
10
writing to the appropriate congressional com-
11
mittees that such support will be provided in
12
accordance with the policy established pursuant
13
to subsection (d)(3). Such certification may be
14
included as an appendix to the report required
15
by section 1446.
16
‘‘(B) REPORT.—Not later than 120 days
17
after the date of the enactment of the DFC
18
Modernization and Reauthorization Act of
19
2025, and annually thereafter, the Corporation
20
shall submit to the appropriate congressional
21
committees a report, which may be submitted in
22
classified or confidential form, that includes—
23
‘‘(i) a list of all high-income countries
24
in which the Corporation anticipates pro-
25
viding support in the subsequent fiscal
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year (and, with respect to the first such re-
2
port, the then-current fiscal year); and
3
‘‘(ii) to the extent practicable, a de-
4
scription of the type of projects anticipated
5
to receive such support.
6
‘‘(C) PROJECTS IN HIGH-INCOME COUN-
7
TRIES NOT PREVIOUSLY IDENTIFIED IN RE-
8
PORT.—The Corporation may not provide sup-
9
port for a project in a high-income country in
10
any year for which that high-income country is
11
not included on the list required by subpara-
12
graph (B)(i), unless, not later than 15 days be-
13
fore commitment, the Corporation consults with
14
and submits to the appropriate congressional
15
committees a notification describing how the
16
proposed project advances the foreign policy in-
17
terests of the United States.
18
‘‘(4) CONTINUATION OF ELIGIBILITY.—Projects
19
previously approved by the Corporation shall remain
20
eligible for support notwithstanding any change in
21
the income classification of the country.
22
‘‘(d) STRATEGIC INVESTMENTS POLICY.—
23
‘‘(1) IN GENERAL.—The Board shall establish
24
policies, which shall be applied on a project-by-
25
project basis, to evaluate and determine the strategic
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merits of providing support for projects and invest-
2
ments in advancing income countries and high-in-
3
come countries.
4
‘‘(2) INVESTMENT POLICY FOR ADVANCING IN-
5
COME COUNTRIES.—Any policy used to evaluate and
6
determine the strategic merits of providing support
7
for projects in an advancing income country shall re-
8
quire that such projects—
9
‘‘(A) advance—
10
‘‘(i) the national security interests of
11
the United States in accordance with
12
United States foreign policy, as determined
13
by the Secretary of State; or
14
‘‘(ii) significant strategic economic
15
competitiveness imperatives;
16
‘‘(B) are designed in a manner to produce
17
significant developmental outcomes or provide
18
developmental impacts to the poorest popu-
19
lations of such country; and
20
‘‘(C) are structured in a manner that
21
maximizes private capital mobilization.
22
‘‘(3) INVESTMENT POLICY FOR HIGH-INCOME
23
COUNTRIES.—Any policy used to evaluate and deter-
24
mine the strategic merits of providing support for
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projects in high-income countries shall require
2
that—
3
4
5
6
‘‘(A) each such project meets the requirements described in paragraph (2);
‘‘(B) with respect to each project in a
high-income country—
7
‘‘(i) private sector entities have been
8
afforded an opportunity to support the
9
project on viable terms in place of support
10
by the Corporation; and
11
‘‘(ii) such support by the Corporation
12
does not exceed 25 percent of the total cost
13
of the project;
14
‘‘(C) with respect to support for all
15
projects in all high-income countries, the aggre-
16
gate amount of such support does not exceed
17
10 percent of the total contingent liability au-
18
thorized by section 1433; and
19
‘‘(D) the Chief Executive Officer submit to
20
the appropriate congressional committees a re-
21
port, which may be submitted as an appendix to
22
a report required by section 1446, that—
23
‘‘(i) certifies that the Corporation has
24
applied the policy to each supported
25
project in a high-income country; and
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‘‘(ii) describes whether such support—
2
‘‘(I) is a preferred alternative to
3
state-directed investments by a for-
4
eign country of concern; or
5
‘‘(II) otherwise furthers the stra-
6
tegic interest of the United States to
7
counter or limit the influence of for-
8
eign countries of concern.
9
‘‘(e) INELIGIBLE COUNTRIES.—The Corporation
10 shall not provide support for a project in—
11
‘‘(1) a country of concern; or
12
‘‘(2) a wealthy country, except to the extent
13
permitted pursuant to subsection (f).
14
‘‘(f) SECTORAL EXCEPTIONS.—Subject to the re-
15 quirements in subsection (d)(3), the restriction in sub16 section (e)(2) shall not apply to projects in the following
17 sectors:
18
‘‘(1) Energy.
19
‘‘(2) Critical minerals and rare earths.
20
‘‘(3) Information and communications tech-
21
nology, including undersea cables.
22
‘‘(g) SENSE OF CONGRESS.—It is the sense of Con-
23 gress that—
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‘‘(1) the Corporation should continuously oper-
2
ate in a manner that advances its core mission and
3
purposes, as described in this title; and
4
‘‘(2) resources of the Corporation should not be
5
diverted for domestic or other activities extending
6
beyond the scope of such mission and purpose.’’.
7
Subtitle B—Management of
Corporation
8
9
10
SEC. 8721. STRUCTURE OF CORPORATION.
Section 1413(a) of the Better Utilization of Invest-
11 ments Leading to Development Act of 2018 (22 U.S.C.
12 9613(a)) is amended by inserting ‘‘a Chief Strategic Offi13 cer,’’ after ‘‘Chief Development Officer,’’.
14
15
SEC. 8722. BOARD OF DIRECTORS.
Section 1413 of the Better Utilization of Investments
16 Leading to Development Act of 2018 (22 U.S.C. 9613)
17 is amended—
18
(1) in subsection (b)—
19
(A) in paragraph (2)(A)(iii), by striking ‘‘5
20
individuals’’ each place it appears and inserting
21
‘‘3 individuals’’; and
22
(B) by adding at the end the following new
23
paragraph:
24
‘‘(6) SUNSHINE ACT COMPLIANCE.—Meetings of
25
the Board are subject to section 552b of title 5,
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United States Code (commonly referred to as the
2
‘Government in the Sunshine Act’).’’; and
3
(2) by striking subsection (c) and inserting the
4
following:
5
‘‘(c) PUBLIC HEARINGS.—The Board shall—
6
‘‘(1) hold at least 2 public hearings each year
7
in order to afford an opportunity for any person to
8
present views with respect to whether—
9
‘‘(A) the Corporation is carrying out its ac-
10
tivities in accordance with this division; and
11
‘‘(B) any support provided by the Corpora-
12
tion under title II in any country should be sus-
13
pended, expanded, or extended;
14
‘‘(2) as necessary and appropriate, provide re-
15
sponses to the issues and questions discussed during
16
each such hearing following the conclusion of the
17
hearing;
18
‘‘(3) post the minutes from each such hearing
19
on a website of the Corporation and, consistent with
20
applicable laws related to privacy and the protection
21
of proprietary business information, the responses to
22
issues and questions discussed in the hearing; and
23
‘‘(4) implement appropriate procedures to en-
24
sure the protection from unlawful disclosure of the
25
proprietary information submitted by private sector
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applicants marked as business confidential informa-
2
tion unless—
3
‘‘(A) the party submitting the confidential
4
business information waives such protection or
5
consents to the release of the information; or
6
‘‘(B) to the extent some form of such pro-
7
tected information may be included in official
8
documents of the Corporation, a nonconfidential
9
form of the information may be provided, in
10
which the business confidential information is
11
summarized or deleted in a manner that pro-
12
vides appropriate protections for the owner of
13
the information.’’.
14
SEC. 8723. CHIEF EXECUTIVE OFFICER.
15
Section 1413(d)(3) of the Better Utilization of In-
16 vestments Leading to Development Act of 2018 (22
17 U.S.C. 9613(d)(3)) is amended to read as follows:
18
19
‘‘(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer shall—
20
21
‘‘(A) report to and be under the direct authority of the Board; and
22
‘‘(B) take input from the Board when as-
23
sessing the performance of the Chief Risk Offi-
24
cer, established pursuant to subsection (f), the
25
Chief Development Officer, established pursu-
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3018
1
ant to subsection (g), and the Chief Strategic
2
Officer, established pursuant to subsection
3
(h).’’.
4
5
SEC. 8724. CHIEF RISK OFFICER.
Section 1413(f) of the Better Utilization of Invest-
6 ments Leading to Development Act of 2018 (22 U.S.C.
7 9613(f)) is amended—
8
(1) in paragraph (1)—
9
(A) by striking ‘‘who—’’ and inserting
10
‘‘who shall be removable only by a majority vote
11
of the Board.’’; and
12
(B) by striking subparagraphs (A) and
13
(B); and
14
(2) by striking paragraph (2) and inserting the
15
following:
16
‘‘(2) DUTIES
17
Chief Risk Officer shall—
18
19
AND
RESPONSIBILITIES.—The
‘‘(A) report directly to the Chief Executive
Officer;
20
‘‘(B) support the risk committee of the
21
Board established under section 1441 in car-
22
rying out its responsibilities as set forth in sub-
23
section (b) of that section, including by—
24
‘‘(i) developing, implementing, and
25
managing a comprehensive framework and
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1
process for identifying, assessing, and
2
monitoring risk;
3
‘‘(ii) developing a transparent risk
4
management framework designed to evalu-
5
ate risks to the Corporation’s overall port-
6
folio, giving due consideration to the policy
7
imperatives of ensuring investment and re-
8
gional diversification of the Corporation’s
9
overall portfolio;
10
‘‘(iii) assessing the Corporation’s over-
11
all risk tolerance, including recommenda-
12
tions for managing and improving the Cor-
13
poration’s risk tolerance and regularly ad-
14
vising the Board on recommended steps
15
the Corporation may take to responsibly
16
increase risk tolerance; and
17
‘‘(iv) regularly collaborating with the
18
Chief Development Officer and the Chief
19
Strategic Officer to ensure the Corpora-
20
tion’s overall portfolio is appropriately bal-
21
ancing risk tolerance with development and
22
strategic impact.’’.
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1
2
SEC. 8725. CHIEF DEVELOPMENT OFFICER.
Section 1413(g) of the Better Utilization of Invest-
3 ments Leading to Development Act of 2018 (22 U.S.C.
4 9613) is amended—
5
6
7
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A)—
8
(i) by striking ‘‘Subject to the ap-
9
proval of the Board, the’’ and inserting
10
‘‘The’’; and
11
(ii) by striking ‘‘in development’’ and
12
inserting ‘‘in international development
13
and development finance’’; and
14
(B) in subparagraph (A), by striking ‘‘the
15
Board’’ and inserting ‘‘the Chief Executive Of-
16
ficer’’; and
17
(2) in paragraph (2)—
18
19
20
21
(A) in the paragraph heading, by inserting
‘‘AND RESPONSIBILITIES’’ after ‘‘DUTIES’’;
(B) by redesignating subparagraph (A) as
subparagraph (E);
22
(C) by striking subparagraphs (B) through
23
(F) and inserting before subparagraph (E), as
24
so redesignated, the following:
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1
‘‘(A) advise the Chief Executive Officer
2
and the Deputy Chief Executive Officer on
3
international development policy matters;
4
‘‘(B) in addition to the Chief Executive Of-
5
ficer and the Deputy Chief Executive Officer,
6
represent the Corporation in interagency meet-
7
ings and processes relating to international de-
8
velopment;
9
‘‘(C) be an ex officio member of the Devel-
10
opment Finance Advisory Council established
11
under subsection (i) and participate in or send
12
a representative to each meeting of the Council;
13
‘‘(D) work with other relevant Federal de-
14
partments and agencies to—
15
‘‘(i) identify projects that advance
16
United States international development
17
interests; and
18
‘‘(ii) explore investment opportunities
19
that bring evidence-based, cost-effective de-
20
velopment innovations to scale in a manner
21
that can be sustained by markets;’’;
22
(D) in subparagraph (E), as so redesig-
23
nated—
24
25
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3022
1
‘‘(i) coordination of’’;
2
(ii) in clause (i), as so redesignated,
3
by striking ‘‘United States Government’’
4
and all that follows through the semicolon
5
and inserting ‘‘Federal departments and
6
agencies, including by directly liaising with
7
the relevant members of United States
8
country teams serving overseas, to ensure
9
that such Federal departments, agencies,
10
and country teams have the training and
11
awareness necessary to fully leverage the
12
Corporation’s development tools overseas;’’;
13
and
14
15
(iii) by adding at the end the following:
16
‘‘(ii) management of employees of the
17
Corporation that are dedicated to struc-
18
turing, monitoring, and evaluating trans-
19
actions and projects codesigned with other
20
relevant Federal departments and agencies
21
for development impact;
22
‘‘(iii) coordination of funds or other
23
resources transferred to and from such
24
Federal departments, agencies, or overseas
25
country teams, upon concurrence of those
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1
institutions, in support of the Corpora-
2
tion’s international development projects or
3
activities;
4
‘‘(iv) management of the responsibil-
5
ities of the Corporation under paragraphs
6
(1) and (4) of section 1442(b) and para-
7
graphs (1)(A) and (3)(A) of section
8
1443(b);
9
‘‘(v) coordination and implementation
10
of the activities of the Corporation under
11
section 1445; and
12
‘‘(vi) implementation of the Corpora-
13
tion’s development impact strategy and
14
work to ensure development impact at the
15
transaction level and portfolio-wide;’’; and
16
(E) by adding at the end the following:
17
‘‘(F) foster and maintain relationships
18
both within and external to the Corporation
19
that enhance the capacity of the Corporation to
20
achieve its mission to advance United States
21
international development policy and interests;
22
and
23
‘‘(G) coordinate within the Corporation to
24
ensure United States international development
25
policy and interests are considered together
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3024
1
with the Corporation’s foreign policy and na-
2
tional security goals.’’.
3
4
SEC. 8726. CHIEF STRATEGIC OFFICER.
Section 1413 of the Better Utilization of Investments
5 Leading to Development Act of 2018 (22 U.S.C. 9613)
6 is amended—
7
8
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
9
(2) by inserting after subsection (g) the fol-
10
lowing:
11
‘‘(h) CHIEF STRATEGIC OFFICER.—
12
‘‘(1) APPOINTMENT.—The Chief Executive Of-
13
ficer shall appoint a Chief Strategic Officer, from
14
among individuals with experience in United States
15
national security matters and foreign investment,
16
who—
17
‘‘(A) shall report directly to the Chief Ex-
18
ecutive Officer; and
19
‘‘(B) shall be removable only by a majority
20
vote of the Board.
21
‘‘(2) DUTIES
22
AND
RESPONSIBILITIES.—The
Chief Strategic Officer shall—
23
‘‘(A) advise the Chief Executive Officer
24
and the Deputy Chief Executive Officer on na-
25
tional security and foreign policy matters;
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1
‘‘(B) in addition to the Chief Executive Of-
2
ficer and the Deputy Chief Executive Officer,
3
represent the Corporation in interagency meet-
4
ings and processes relating to United States na-
5
tional security and foreign policy;
6
‘‘(C) be an ex officio member of the Devel-
7
opment Finance Advisory Council established
8
under subsection (i) and participate in or send
9
a representative to each meeting of the Council;
10
‘‘(D) work with other relevant Federal de-
11
partments and agencies to identify projects that
12
advance United States national security and
13
foreign policy priorities, including by comple-
14
menting United States domestic investments in
15
critical and emerging technologies;
16
‘‘(E) support—
17
‘‘(i) coordination of efforts to develop
18
the Corporation’s strategic investment ini-
19
tiatives—
20
‘‘(I) to counter predatory state-
21
directed investment and coercive eco-
22
nomic practices of adversaries of the
23
United States;
24
‘‘(II) to preserve the sovereignty
25
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3026
1
‘‘(III)
to
advance
economic
2
growth and national security through
3
the highest standards of transparency,
4
accessibility, and competition;
5
‘‘(ii) the establishment of performance
6
measurement frameworks and reporting on
7
development outcomes of strategic invest-
8
ments, consistent with sections 1442 and
9
1443; and
10
‘‘(iii) management of employees of the
11
Corporation that are dedicated to ensuring
12
that the Corporation’s activities advance
13
United States national security and foreign
14
policy interests, including through—
15
‘‘(I) long-term strategic planning;
16
‘‘(II) issue and crisis manage-
17
ment;
18
‘‘(III) the advancement of stra-
19
tegic initiatives; and
20
‘‘(IV) strategic planning on how
21
the Corporation’s foreign investments
22
may complement United States do-
23
mestic production of critical and
24
emerging technologies;
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1
‘‘(F) foster and maintain relationships
2
both within and external to the Corporation
3
that enhance the capacity of the Corporation to
4
achieve its mission to advance United States
5
national security and foreign policy interests;
6
and
7
‘‘(G) collaborate with the Chief Develop-
8
ment Officer to ensure United States national
9
security interests are considered together with
10
the Corporation’s development policy goals.’’.
11
12
SEC. 8727. OFFICERS AND EMPLOYEES.
Section 1413(i) of the Better Utilization of Invest-
13 ments Leading to Development Act of 2018 (22 U.S.C.
14 9613(i)), as so redesignated, is amended—
15
16
(1) by striking paragraph (1) and inserting the
following:
17
‘‘(1) IN GENERAL.—Except as otherwise pro-
18
vided in this section, officers, employees, and agents
19
shall be selected and appointed by, or under the au-
20
thority of, the Chief Executive Officer, and shall be
21
vested with such powers and duties as the Chief Ex-
22
ecutive Officer may determine.’’;
23
(2) in paragraph (2)—
24
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3028
1
(i) by striking ‘‘50’’ and inserting
2
‘‘100’’; and
3
(ii) by striking ‘‘Code’’ and inserting
4
‘‘Code, and such positions—
5
‘‘(i) shall be reserved for individuals
6
meeting the expert qualifications estab-
7
lished by the Corporation’s qualification re-
8
view board; and
9
‘‘(ii) should be prioritized for the de-
10
velopment of the Corporation’s next gen-
11
eration of talent, particularly for the re-
12
cruitment of early career financial or legal
13
sector equivalent positions.’’; and
14
(B) in subparagraph (D), by inserting ‘‘,
15
provided that no such officer or employee may
16
be compensated at a rate exceeding level II of
17
the Executive Schedule’’ after ‘‘respectively’’;
18
and
19
(3) in paragraph (3)(C), by striking ‘‘subsection
20
21
22
(i)’’ and inserting ‘‘subsection (j)’’.
SEC. 8728. DEVELOPMENT FINANCE ADVISORY COUNCIL.
Section 1413(j) of the Better Utilization of Invest-
23 ments Leading to Development Act of 2018 (22 U.S.C.
24 9613(j)), as so redesignated, is amended—
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3029
1
2
(1) by striking paragraphs (1) and (2) and inserting the following:
3
‘‘(1) IN GENERAL.—There is established a De-
4
velopment Finance Advisory Council (in this sub-
5
section referred to as the ‘Council’) that shall advise
6
the Board and the Congressional Strategic Advisory
7
Group established by subsection (k) on the develop-
8
ment priorities and objectives of the Corporation.
9
‘‘(2) MEMBERSHIP.—Members of the Council
10
shall be appointed by the Board, on the rec-
11
ommendation of the Chief Executive Officer, and
12
shall be composed of not more than 9 members
13
broadly representative of nongovernmental organiza-
14
tions, think tanks, advocacy organizations, founda-
15
tions, private industry, and other institutions en-
16
gaged in international development and international
17
development finance, of whom not fewer than 5
18
members shall be experts from the international de-
19
velopment sector.’’;
20
21
(2) by redesignating paragraph (4) as paragraph (6); and
22
23
(3) by inserting after paragraph (3) the following:
24
‘‘(4) BOARD MEETINGS.—The Board shall meet
25
with the Council at least twice each year and engage
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1
directly with the Board on its recommendations to
2
improve the policies and practices of the Corporation
3
to achieve the development priorities and objectives
4
of the Corporation.
5
‘‘(5) ADMINISTRATION.—The Board shall—
6
‘‘(A) prioritize maintaining the full mem-
7
bership and composition of the Council;
8
‘‘(B) inform the Committee on Foreign Re-
9
lations of the Senate and the Committee on
10
Foreign Affairs of the House of Representatives
11
when a vacancy of the Council occurs, including
12
the date that the vacancy occurred; and
13
‘‘(C) for any vacancy on the Council that
14
remains for 120 days or more, submit a report
15
to the Committee on Foreign Relations of the
16
Senate and the Committee on Foreign Affairs
17
of the House of Representatives explaining why
18
a vacancy is not being filled and provide an up-
19
date on progress made toward filling such va-
20
cancy, including a reasonable estimation for
21
when the Board expects to have the vacancy
22
filled.’’.
23
24
SEC. 8729. STRATEGIC ADVISORY GROUP.
Section 1413 of the Better Utilization of Investments
25 Leading to Development Act of 2018 (22 U.S.C. 9613),
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3031
1 as amended by this title, is further amended by adding
2 at the end the following new subsection:
3
‘‘(k)
CONGRESSIONAL
STRATEGIC
ADVISORY
4 GROUP.—
5
‘‘(1) ESTABLISHMENT.—Not later than 90 days
6
after the enactment of the DFC Modernization and
7
Reauthorization Act of 2025, there shall be estab-
8
lished a Congressional Strategic Advisory Group (re-
9
ferred to in this subsection as the ‘Group’), which
10
shall meet not less frequently than annually, includ-
11
ing after the budget of the President submitted
12
under section 1105 of title 31, United States Code,
13
for a fiscal year.
14
15
‘‘(2) COMPOSITION.—The Group shall be composed of the following:
16
‘‘(A) The Chief Executive Officer.
17
‘‘(B) Other representatives of the Corpora-
18
tion, as deemed necessary by the Chief Execu-
19
tive Officer.
20
21
‘‘(C) The Strategic Advisors of the Senate,
as described in paragraph (3)(A).
22
‘‘(D) The Strategic Advisors of the House
23
of Representatives, as described in paragraph
24
(3)(B).
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1
2
‘‘(3) STRATEGIC
ADVISORS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES.—
3
4
‘‘(A) STRATEGIC ADVISORS OF THE SENATE.—
5
‘‘(i) ESTABLISHMENT.—There is es-
6
tablished a group to be known as the
7
‘Strategic Advisors of the Senate’.
8
‘‘(ii) COMPOSITION.—The group es-
9
tablished by clause (i) shall be composed of
10
the following:
11
‘‘(I) The chair of the Committee
12
on Foreign Relations of the Senate,
13
who shall serve as chair of the Stra-
14
tegic Advisors of the Senate.
15
‘‘(II) The ranking member of the
16
Committee on Foreign Relations of
17
the Senate, who shall serve as vice-
18
chair of the Strategic Advisors of the
19
Senate.
20
‘‘(III) Not more than 6 addi-
21
tional individuals who are members of
22
the Committee on Foreign Relations
23
of the Senate, designated by the chair,
24
with the consent of the ranking mem-
25
ber.
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1
2
‘‘(B) STRATEGIC ADVISORS OF THE HOUSE
OF REPRESENTATIVES.—
3
‘‘(i) ESTABLISHMENT.—There is es-
4
tablished a group to be known as the
5
‘Strategic Advisors of the House of Rep-
6
resentatives’.
7
‘‘(ii) COMPOSITION.—The group es-
8
tablished by clause (i) shall be composed of
9
the following:
10
‘‘(I) The chair of the Committee
11
on Foreign Affairs of the House of
12
Representatives, who shall serve as
13
chair of the Strategic Advisors of the
14
House.
15
‘‘(II) The ranking member of the
16
Committee on Foreign Affairs of the
17
House of Representatives, who shall
18
serve as vice-chair of the Strategic
19
Advisors of the House.
20
‘‘(III) Not more than 6 addi-
21
tional individuals who are members of
22
the Committee on Foreign Affairs of
23
the House of Representatives, des-
24
ignated by the chair, with the consent
25
of the ranking member.
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1
‘‘(4) OBJECTIVES.—The Chief Executive Offi-
2
cer shall consult with the Strategic Advisors of the
3
Senate and the Strategic Advisors of the House of
4
Representatives established under paragraph (3) in
5
order to solicit and receive congressional views and
6
advice on the strategic priorities and investments of
7
the Corporation, including—
8
‘‘(A) the challenges presented by adversary
9
countries to the national security interests of
10
the United States and strategic objectives of the
11
Corporation’s investments;
12
‘‘(B) priority regions, countries, and sec-
13
tors that require focused consideration for stra-
14
tegic investment;
15
‘‘(C) the priorities and trends pursued by
16
similarly-situated development finance institu-
17
tions of friendly nations, including opportunities
18
for partnerships, complementarity, or coinvest-
19
ment;
20
‘‘(D)
evolving
methods
of
financing
21
projects, including efforts to partner with public
22
sector and private sector institutional investors;
23
‘‘(E) institutional or policy changes re-
24
quired to improve efficiencies within the Cor-
25
poration; and
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1
‘‘(F) potential legislative changes required
2
to improve the Corporation’s performance in
3
meeting strategic and development imperatives.
4
‘‘(5) MEETINGS.—
5
‘‘(A) TIMES.—The chair and the vice-chair
6
of the Strategic Advisors of the Senate and the
7
chair and the vice-chair of the Strategic Advi-
8
sors of the House of Representatives, in coordi-
9
nation with the Chief Executive Officer, shall
10
determine the meeting times of the Group,
11
which may be arranged separately or on a bi-
12
cameral basis by agreement.
13
‘‘(B) AGENDA.—Not later than 7 days be-
14
fore each meeting of the Group, the Chief Exec-
15
utive Officer shall submit a proposed agenda for
16
discussion to the chair and the vice-chair of
17
each strategic advisory group referred to in sub-
18
paragraph (A).
19
‘‘(C) QUESTIONS.—To ensure a robust
20
flow of information, members of the Group may
21
submit questions for consideration before any
22
meeting. A question submitted orally or in writ-
23
ing shall receive a response not later than 15
24
days after the conclusion of the first meeting
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3036
1
convened wherein such question was asked or
2
submitted in writing.
3
‘‘(D) CLASSIFIED
SETTING.—At
the re-
4
quest of the Chief Executive Officer or the
5
chair and vice-chair of a strategic advisory
6
group established under paragraph (3), busi-
7
ness of the Group may be conducted in a classi-
8
fied setting, including for the purpose of pro-
9
tecting business confidential information and to
10
discuss sensitive information with respect to
11
foreign competitors.’’.
12
13
SEC. 8730. FIVE-YEAR STRATEGIC PRIORITIES PLAN.
(a) IN GENERAL.—Section 1413 of the Better Utili-
14 zation of Investments Leading to Development Act of
15 2018 (22 U.S.C. 9613), as amended by this title, is fur16 ther amended by adding at the end the following new sub17 section:
18
‘‘(l) STRATEGIC PRIORITIES PLAN.—
19
‘‘(1) PLAN REQUIRED.—Based upon guidance
20
received from the Group established pursuant to sec-
21
tion 1413(k), the Chief Executive Officer shall de-
22
velop a Strategic Priorities Plan, which shall pro-
23
vide—
24
‘‘(A) guidance for the Corporation’s stra-
25
tegic investments portfolio and the identifica-
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1
tion and engagement of priority strategic in-
2
vestment sectors and regions of importance to
3
the United States; and
4
‘‘(B) justifications for the certifications of
5
such investments in accordance with section
6
1412(c).
7
‘‘(2) EVALUATIONS.—The Strategic Priorities
8
Plan should determine the objectives and goals of
9
the Corporation’s strategic investment portfolio by
10
evaluating economic, security, and geopolitical dy-
11
namics affecting United States strategic interests,
12
including—
13
‘‘(A) determining priority countries, re-
14
gions, sectors, and related administrative ac-
15
tions;
16
17
18
19
‘‘(B) plans for the establishment of regional offices outside of the United States;
‘‘(C) identifying countries where the Corporation’s support—
20
‘‘(i) is necessary;
21
‘‘(ii) would be the preferred alter-
22
native to state-directed investments by for-
23
eign countries of concern; or
24
‘‘(iii) otherwise furthers the strategic
25
interests of the United States to counter or
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1
limit the influence of foreign countries of
2
concern;
3
‘‘(D) evaluating the interest and willing-
4
ness of potential private finance institutions
5
and private sector project implementers to part-
6
ner with the Corporation on strategic invest-
7
ment projects; and
8
‘‘(E) identifying bilateral and multilateral
9
project finance partnership opportunities for
10
the Corporation to pursue with United States
11
partner and ally countries.
12
‘‘(3) REVISIONS.—At any time during the rel-
13
evant period, the Chief Executive Officer may re-
14
quest to convene a meeting of the Congressional
15
Strategic Advisory Group for the purpose of dis-
16
cussing revisions to the Strategic Priorities Plan.
17
‘‘(4) TRANSPARENCY.—The Chief Executive Of-
18
ficer shall publish, on a website of the Corporation—
19
‘‘(A) procedures for applying for products
20
offered by the Corporation; and
21
‘‘(B) any other appropriate guidelines and
22
compliance restrictions with respect to des-
23
ignated strategic priorities.’’.
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1
(b) SENSE OF CONGRESS.—It is the sense of the
2 Congress that the Corporation, during the 2-year period
3 beginning on October 1, 2025, should consider—
4
(1) advancing secure supply chains to meet the
5
critical minerals needs of the United States and its
6
allies and partners;
7
(2) making investments to promote and secure
8
the telecommunications sector, particularly undersea
9
cables; and
10
(3) establishing, maintaining, and supporting
11
regional offices outside the United States for the
12
purpose of identifying and supporting priority in-
13
vestment opportunities.
14
15
SEC. 8731. DEVELOPMENT FINANCE EDUCATION.
Section 1413 of the Better Utilization of Investments
16 Leading to Development Act of 2018 (22 U.S.C. 9613),
17 as amended by this title, is further amended by adding
18 at the end the following new subsection:
19
‘‘(m) REPORT
ON THE
FEASIBILITY
OF
20
LISHING A
21
GRAM AT THE FOREIGN SERVICE INSTITUTE.—
ESTAB-
DEVELOPMENT FINANCE EDUCATION PRO-
22
‘‘(1) IN GENERAL.—Not later than 1 year after
23
the date of the enactment of the DFC Modernization
24
and Reauthorization Act of 2025, the Secretary of
25
State, acting through the Director of the Foreign
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1
Service Institute and in collaboration with the Chief
2
Executive Officer of the Corporation, shall conduct
3
a review of and submit to the appropriate congres-
4
sional committees a report on the utility of estab-
5
lishing elective training classes or programs on de-
6
velopment finance within the School of Professional
7
and Area Studies for all levels of the foreign service.
8
‘‘(2) ELEMENTS.—The report required by para-
9
graph (1) shall include a description of how a pro-
10
posed class would be structured to ensure an appro-
11
priate level of training in development finance, in-
12
cluding descriptions of—
13
‘‘(A) the potential benefits and challenges
14
of development finance as a component of
15
United States foreign policy in promoting devel-
16
opment outcomes and in promoting United
17
States interests in advocating for the advance-
18
ment of free-market principles;
19
‘‘(B) the operations of the Corporation,
20
generally, and a comparative analysis of simi-
21
larly situated development finance institutions,
22
both bilateral and multilateral;
23
‘‘(C) how development finance can further
24
the foreign policies of the United States, gen-
25
erally;
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‘‘(D) the anticipated foreign service con-
2
sumers of any proposed classes on development
3
finance;
4
‘‘(E) the resources that may be required to
5
establish
6
through the use of detailed staff from the Cor-
7
poration or temporary fellows brought in from
8
the development finance community; and
such
training
classes,
including
9
‘‘(F) other relevant issues, as determined
10
by the Secretary of State and the Chief Execu-
11
tive Officer of the Corporation determines ap-
12
propriate.’’.
13
14
SEC. 8732. INTERNSHIPS.
Section 1413 of the Better Utilization of Investments
15 Leading to Development Act of 2018 (22 U.S.C. 9613),
16 as amended by this title, is further amended by adding
17 at the end the following new subsection:
18
‘‘(n) INTERNSHIPS.—
19
‘‘(1) IN GENERAL.—The Chief Executive Offi-
20
cer shall establish the Development Finance Cor-
21
poration Student Internship Program (referred to in
22
this subsection as the ‘Program’) to offer internship
23
opportunities at the Corporation to eligible individ-
24
uals to provide important professional development
25
and work experience opportunities and raise aware-
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1
ness among future development and international fi-
2
nance professionals of the career opportunities at
3
the Corporation and to supply important human
4
capital for the implementation of the Corporation’s
5
critically important development finance tools.
6
7
‘‘(2) ELIGIBILITY.—An individual is eligible to
participate in the Program if the applicant—
8
‘‘(A) is a United States citizen;
9
‘‘(B) is enrolled at least half-time at—
10
‘‘(i) an institution of higher education
11
(as such term is defined in section 102(a)
12
of the Higher Education Act of 1965 (20
13
U.S.C. 1002(a))); or
14
‘‘(ii) an institution of higher education
15
based outside the United States, as deter-
16
mined by the Secretary of State; and
17
‘‘(C) satisfies such other qualifications as
18
established by the Chief Executive Officer.
19
‘‘(3) SELECTION.—The Chief Executive Officer
20
shall establish selection criteria for individuals to be
21
admitted into the Program that includes a dem-
22
onstrated interest in a career in international rela-
23
tions and international economic development policy.
24
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‘‘(4) COMPENSATION.—
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1
‘‘(A) HOUSING
ASSISTANCE.—The
Chief
2
Executive Officer may provide housing assist-
3
ance to an eligible individual participating in
4
the Program whose permanent address is with-
5
in the United States if the location of the in-
6
ternship in which such individual is partici-
7
pating is more than 50 miles away from such
8
individual’s permanent address.
9
‘‘(B) TRAVEL
ASSISTANCE.—The
Chief
10
Executive Officer shall provide to an eligible in-
11
dividual participating in the Program, whose
12
permanent address is within the United States,
13
financial assistance that is sufficient to cover
14
the travel costs of a single round trip by air,
15
train, bus, or other appropriate transportation
16
between the eligible individual’s permanent ad-
17
dress and the location of the internship in
18
which such eligible individual is participating if
19
such location is—
20
‘‘(i) more than 50 miles from the eli-
21
gible individual’s permanent address; or
22
‘‘(ii) outside of the United States.
23
‘‘(5) VOLUNTARY PARTICIPATION.—
24
‘‘(A) IN GENERAL.—Nothing in this sec-
25
tion may be construed to compel any individual
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1
who is a participant in an internship program
2
of the Corporation to participate in the collec-
3
tion of the data or divulge any personal infor-
4
mation. Such individuals shall be informed that
5
any participation in data collection under this
6
subsection is voluntary.
7
‘‘(B) PRIVACY
PROTECTION.—Any
data
8
collected under this subsection shall be subject
9
to the relevant privacy protection statutes and
10
regulations applicable to Federal employees.
11
‘‘(6) SPECIAL
HIRING AUTHORITY.—Notwith-
12
standing any other provision of law, the Chief Exec-
13
utive Officer, in consultation with the Director of
14
the Office of Personnel Management, with respect to
15
the number of interns to be hired under this sub-
16
section each year, may—
17
‘‘(A) select, appoint, and employ individ-
18
uals for up to 1 year through compensated in-
19
ternships in the excepted service; and
20
‘‘(B) remove any compensated intern em-
21
ployed pursuant to subparagraph (A) without
22
regard to the provisions of law governing ap-
23
pointments in the competitive excepted service.
24
‘‘(7) AVAILABILITY OF APPROPRIATIONS.—In-
25
ternships offered and compensated by the Corpora-
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1
tion under this subsection shall be funded solely by
2
available amounts appropriated after the date of the
3
enactment of the DFC Modernization and Reauthor-
4
ization Act of 2025 to the Corporate Capital Ac-
5
count established under section 1434.’’.
6
7
SEC. 8733. INDEPENDENT ACCOUNTABILITY MECHANISM.
Section 1415 of the Better Utilization of Investments
8 Leading to Development Act of 2018 (22 U.S.C. 9614)
9 is amended by adding at the end the following new sub10 section:
11
‘‘(c) CONSOLIDATION
OF
FUNCTIONS.—Not later
12 than 90 days after the date of enactment of the DFC Mod13 ernization and Reauthorization Act of 2025, the Board
14 shall submit a report to the appropriate congressional
15 committees describing any efficiencies that may be gained
16 through the consolidation of functions of the independent
17 accountability mechanism under the authorities of the Of18 fice of the Inspector General of the Corporation under sec19 tion 1414. The report shall include an outline as to how
20 the Inspector General of the Corporation would develop
21 an internal environmental, social, and governance exper22 tise to adequately replace the independent accountability
23 mechanism’s environmental, social, and governance exper24 tise.’’.
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2
Subtitle C—Authorities Relating to
the Provision of Support
3
SEC. 8741. EQUITY INVESTMENT.
1
4
(a) CORPORATE EQUITY INVESTMENT FUND.—Sec-
5 tion 1421(c) of the Better Utilization of Investments
6 Leading to Development Act of 2018 (22 U.S.C. 9621(c))
7 is amended by adding at the end the following new para8 graph:
9
10
‘‘(7) CORPORATE
EQUITY
INVESTMENT
AC-
COUNT.—
11
‘‘(A) ESTABLISHMENT.—There is estab-
12
lished in the Treasury of the United States a
13
fund to be known as the ‘Development Finance
14
Corporate Equity Investment Account’ (referred
15
to in this division as the ‘Equity Investment Ac-
16
count’), which shall be administered by the Cor-
17
poration as a revolving account to carry out the
18
purposes of this section.
19
‘‘(B) PURPOSE.—The Corporation shall—
20
‘‘(i) manage the Equity Investment
21
Account in ways that demonstrate a com-
22
mitment to pursuing catalytic investments
23
in less developed countries in accordance
24
with section 1412(c)(1) and paragraph (1);
25
and
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1
‘‘(ii) collect data and information
2
about the use of the Equity Investment
3
Account to inform the Corporation’s record
4
of returns on investments and reevaluation
5
of equity investment subsidy rates prior to
6
the termination of the authorities provided
7
under this title.
8
‘‘(C)
AUTHORIZATION
OF
APPROPRIA-
9
TIONS.—There is authorized to be appropriated
10
to
11
$5,000,000,000 for fiscal years 2026 through
12
2031.
13
the
‘‘(D)
Equity
Investment
OFFSETTING
Account
COLLECTIONS
AND
14
FUNDS.—Earnings and proceeds from the sale
15
or redemption of, and fees, credits, and other
16
collections from, the equity investments of the
17
Corporation under the Equity Investment Ac-
18
count shall be retained and deposited into the
19
Fund and shall remain available to carry out
20
this subsection without fiscal year limitation
21
without further appropriation.
22
‘‘(E) IMPACT
QUOTIENT.—The
Corpora-
23
tion shall ensure that at least 25 percent of its
24
obligations from funds authorized to be appro-
25
priated under subparagraph (C) or otherwise
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made available for the Fund for Corporation
2
projects are rated in the upper 20 percent on
3
the Impact Quotient tier system, or any similar
4
or successor assessment tool, developed pursu-
5
ant to section 1442(b)(1).’’.
6
(b)
GUIDELINES
AND
CRITERIA.—Section
7 1421(c)(3)(C) of the Better Utilization of Investments
8 Leading to Development Act of 2018 (22 U.S.C.
9 9621(c)(3)(C)), is amended by inserting ‘‘, localized
10 workforces, and partner country economic security’’ after
11 ‘‘markets’’.
12
(c) LIMITATIONS ON EQUITY INVESTMENTS.—Sec-
13 tion 1421(c)(4)(A) of the Better Utilization of Invest14 ments Leading to Development Act of 2018 (22 U.S.C.
15 9621(c)(4)(A)), by striking ‘‘30’’ and inserting ‘‘40’’.
16
17
SEC. 8742. SPECIAL PROJECTS.
Section 1421 of the Better Utilization of Investments
18 Leading to Development Act of 2018 (22 U.S.C. 9621)
19 is amended by striking subsection (f) and inserting the
20 following:
21
‘‘(f) SPECIAL PROJECTS AND PROGRAMS.—The Cor-
22 poration may administer and manage special projects and
23 programs in support of specific transactions undertaken
24 by the Corporation—
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‘‘(1) for the provision of post-investment tech-
2
nical assistance for existing projects of the Corpora-
3
tion, including programs of financial and advisory
4
support that provide private technical, professional,
5
or managerial assistance in the development of
6
human resources, skills, technology, or capital sav-
7
ings; or
8
‘‘(2) subject to the nondelegable review and ap-
9
proval of the Board, by creating companies, corpora-
10
tions, and partnerships that advance both the devel-
11
opment objectives and foreign policy interests out-
12
lined in the purpose of this division if, not later than
13
30 days prior to entering into an agreement or other
14
arrangement to provide support pursuant to this sec-
15
tion, the Chief Executive Officer—
16
17
‘‘(A) notifies the appropriate congressional
committees; and
18
‘‘(B) includes in the notification required
19
by subparagraph (A) a certification that such
20
support—
21
‘‘(i) is designed to meet an exigent
22
need that is critical to the national security
23
interests of the United States; and
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‘‘(ii) could not otherwise be secured
2
utilizing the authorities under this sec-
3
tion.’’.
4
SEC. 8743. TERMS AND CONDITIONS.
5
Section 1422 of the Better Utilization of Investments
6 Leading to Development Act of 2018 (22 U.S.C. 9622)
7 is amended—
8
9
(1) in subsection (b), by striking paragraph (3)
and inserting the following:
10
‘‘(3) The Corporation shall, with respect to pro-
11
viding any loan guaranty to a project, require the
12
parties to the project to bear a risk of loss on the
13
project in an amount equal to at least 20 percent of
14
the amount of such guaranty. The Corporation shall
15
continue to work with the President to streamline
16
the process for securing waivers that would enable
17
the Corporation to guarantee up to 100 percent of
18
the amount of a loan, provided that risk of loss in
19
the project borne by the parties to the project is
20
equal to at least 20 percent of the guaranty
21
amount.’’; and
22
(2) by adding at the end the following new sub-
23
section:
24
‘‘(c) BEST PRACTICES TO PREVENT USURIOUS OR
25 ABUSIVE LENDING BY INTERMEDIARIES.—
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‘‘(1) IN GENERAL.—The Corporation shall en-
2
sure that terms, conditions, penalties, rules for col-
3
lections practices, and other finance administration
4
policies that govern Corporation-backed lending,
5
guarantees and other financial instruments through
6
intermediaries are consistent with industry best
7
practices and the Corporation’s rules with respect to
8
direct lending to its clients.
9
‘‘(2) TRUTH IN LENDING POLICIES.—The Cor-
10
poration shall develop required truth in lending
11
rules, guidelines, and related implementing policies
12
and practices to govern secondary lending through
13
intermediaries and shall report such policies and
14
practices to the appropriate committees not later
15
than 180 days of enactment of the DFC Moderniza-
16
tion and Reauthorization Act of 2025, with annual
17
updates, as needed, thereafter.
18
‘‘(3) POLICY DEVELOPMENT REQUIREMENTS.—
19
In developing such policies and practices required by
20
paragraph (2), the Corporation shall—
21
‘‘(A) take into account any particular
22
vulnerabilities generally faced by potential ap-
23
plicants or recipients of microlending and other
24
forms of microfinance, such as lack of experi-
25
ence with lending or lack of financial literacy;
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‘‘(B) develop and apply, generally, rules
2
and terms to ensure Corporation-backed lending
3
through an intermediary does not carry exces-
4
sively punitive or disproportionate penalties for
5
customers in default;
6
‘‘(C) ensure that such policies and prac-
7
tices include effective safeguards to prevent
8
usurious or abusive lending by intermediaries,
9
including in the provision of microfinance; and
10
‘‘(D) ensure the intermediary includes in
11
any lending contract with microfinance bor-
12
rowers that is supported by the Corporation an
13
appropriate level of financial disclosure to the
14
borrower, including—
15
‘‘(i) disclosures that explain in all ma-
16
terial respects to the customer both lender
17
and customer rights and obligations under
18
the contract in language that is accessible
19
to the customer;
20
21
‘‘(ii) the material loan terms and tenure of the contract;
22
‘‘(iii) the procedures and potential
23
penalties or forfeitures in case of default;
24
‘‘(iv) information on privacy and per-
25
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‘‘(v) any other information that the
2
Corporation determines is needed to in-
3
form the borrower of the material terms of
4
the loan.
5
‘‘(4) AUDIT REQUIREMENTS.—The Corporation
6
shall establish appropriate auditing mechanisms to
7
oversee and monitor secondary lending provided
8
through intermediaries in partner countries and in-
9
clude in each annual report to Congress required
10
under paragraph (2) a summary of the results of
11
such audits.’’.
12
SEC. 8744. TERMINATION.
13
Section 1424(a) of the Better Utilization of Invest-
14 ments Leading to Development Act of 2018 (22 U.S.C.
15 9624) is amended by striking ‘‘the date that is 7 years
16 after the date of the enactment of this Act’’ and inserting
17 ‘‘December 31, 2031’’.
Subtitle D—Other Matters
18
19
20
SEC. 8751. OPERATIONS.
Section 1431 of the Better Utilization of Investments
21 Leading to Development Act of 2018 (22 U.S.C. 9631)
22 is amended by adding at the end the following new sub23 section:
24
‘‘(e) SENSE OF CONGRESS.—It is the sense of Con-
25 gress that—
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‘‘(1) the Corporation is obligated to consult
2
with and collect input from current employees on
3
plans to substantially reorganize the Corporation
4
prior to implementation of such plan; and
5
‘‘(2) the Corporation should consider pref-
6
erence, experience, and, when relevant, seniority
7
when reassigning existing employees to new areas of
8
work.’’.
9
10
SEC. 8752. CORPORATE POWERS.
Section 1432(a)(10) of the Better Utilization of In-
11 vestments Leading to Development Act of 2018 (22
12 U.S.C. 9632(a)(10)) is amended by striking ‘‘until the ex13 piration of the current lease under predecessor authority,
14 as of the day before the date of the enactment of this Act’’.
15
16
SEC. 8753. MAXIMUM CONTINGENT LIABILITY.
Section 1433 of the Better Utilization of Investments
17 Leading to Development Act of 2018 (22 U.S.C. 9633)
18 is amended to read as follows:
19
20
‘‘SEC. 1433. MAXIMUM CONTINGENT LIABILITY.
‘‘(a) IN GENERAL.—The maximum contingent liabil-
21 ity of the Corporation outstanding at any one time shall
22 not exceed in the aggregate $205,000,000,000.
23
‘‘(b) RULE OF CONSTRUCTION.—The maximum con-
24 tingent liability shall apply to all extension of liability by
25 the Corporation regardless of the authority cited thereto.’’.
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SEC. 8754. PERFORMANCE MEASURES, EVALUATION, AND
2
3
LEARNING.
Section 1442 of the Better Utilization of Investments
4 Leading to Development Act of 2018 (22 U.S.C. 9652)
5 is amended—
6
(1) in subsection (b)—
7
(A) by striking paragraph (1) and insert-
8
ing the following:
9
‘‘(1) develop a development impact measure-
10
ment system, to be known as the Corporation’s Im-
11
pact Quotient, which shall—
12
‘‘(A) serve as a metrics-based measure-
13
ment system to assess a project’s expected out-
14
comes and development impact on a country, a
15
region,
16
sourcing, origination, management, monitoring,
17
and evaluation stages of a project’s lifecycle;
and
populations
throughout
the
18
‘‘(B) enable the Corporation to assess de-
19
velopment impact at both the project and port-
20
folio level;
21
‘‘(C) provide guidance on when to take ap-
22
propriate corrective measures to further devel-
23
opment goals throughout a project’s lifecycle;
24
and
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‘‘(D) inform congressional notification re-
2
quirements outlining the Corporation’s project
3
development impacts;’’;
4
(B) in paragraph (3), by striking ‘‘; and’’
5
and inserting a semicolon;
6
(C) in paragraph (4)—
7
(i) in the matter preceding subpara-
8
graph (A), by striking ‘‘method for ensur-
9
ing, appropriate development performance’’
10
and inserting ‘‘method for evaluating and
11
documenting the development impacts’’;
12
and
13
(ii) in subparagraph (B), by striking
14
the period at the end and inserting a semi-
15
colon; and
16
(D) by adding at the end the following:
17
‘‘(5) develop standards for, and a method for
18
ensuring, appropriate monitoring of the Corpora-
19
tion’s compliance with environmental and social
20
standards consistent with the guidance published by
21
the Corporation following broad consultation with
22
appropriate stakeholders to include civil society; and
23
‘‘(6) develop standards for, and a method for
24
ensuring, appropriate monitoring of the Corpora-
25
tion’s portfolio, including standards for ensuring em-
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1
ployees or agents of the Corporation identify and
2
conduct in-person site visits of each high-risk loan,
3
loan guarantee, and equity project, as necessary and
4
appropriate,
5
funds.’’;
6
7
after
the
initial
disbursement
of
(2) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
8
(3) by inserting the following after subsection
9
(b):
10
‘‘(c) REQUIRED PERFORMANCE MEASURES UPDATE
11
FOR CONGRESSIONAL STRATEGIC ADVISORY GROUP.—At
12 any meeting of the Congressional Strategic Advisory
13 Group, the Corporation shall be prepared discuss the
14 standards developed in subsection (b) for all ongoing
15 projects.’’; and
16
(4) by inserting at the end the following:
17
‘‘(f) STAFFING FOR PORTFOLIO OVERSIGHT AND RE-
18
PORTING.—
19
‘‘(1) REQUIREMENT TO MAINTAIN CAPACITY.—
20
The Corporation shall maintain an adequate number
21
of full-time personnel with appropriate expertise to
22
fulfill its obligations under this section and section
23
1443, including—
24
‘‘(A) monitoring and evaluating the finan-
25
cial performance of the Corporation’s portfolio;
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1
‘‘(B) evaluating the development and stra-
2
tegic impact of investments throughout the pro-
3
gram lifecycle;
4
‘‘(C) preparing required annual reporting
5
on the Corporation’s portfolio of investments,
6
including the information set forth in section
7
1443(a)(6); and
8
‘‘(D) monitoring for compliance with all
9
applicable laws and ethics requirements.
10
‘‘(2) QUALIFICATIONS.—Personnel assigned to
11
carry out the obligations described in paragraph (1)
12
shall possess demonstrable professional experience in
13
relevant areas, such as development finance, finan-
14
cial analysis, investment portfolio management,
15
monitoring and evaluation, impact measurement, or
16
legal and ethics expertise.
17
‘‘(3) ORGANIZATIONAL STRUCTURE.—The Cor-
18
poration shall maintain such personnel within 1 or
19
more dedicated units or offices, which shall—
20
21
‘‘(A) be functionally independent from investment origination teams;
22
‘‘(B) be managed by senior staff who re-
23
port to the Chief Executive Officer or Deputy
24
Chief Executive Officer; and
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1
‘‘(C) be allocated resources sufficient to
2
fulfill the Corporation’s obligations under this
3
section and to support transparency and ac-
4
countability to Congress and to the public.
5
‘‘(4) INSULATION
FROM
REDUCTIONS.—The
6
Corporation may not reduce the staffing, funding, or
7
organizational independence of the units or per-
8
sonnel responsible for fulfilling the obligations under
9
this section unless—
10
‘‘(A) the Chief Executive Officer certifies
11
in writing to the appropriate congressional com-
12
mittees that such reductions are necessary due
13
to operational exigency, statutory change, or
14
budgetary shortfall; and
15
‘‘(B) the Corporation includes in its annual
16
report a detailed explanation of the impact of
17
any such changes on its capacity to analyze and
18
report on portfolio performance.’’.
19
20
SEC. 8755. ANNUAL REPORT.
Section 1443 of the Better Utilization of Investments
21 Leading to Development Act of 2018 (22 U.S.C. 9653)
22 is amended—
23
24
25
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(1) in subsection (a)—
(A) in paragraph (3), by striking ‘‘; and’’
and inserting a semicolon;
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1
(B) in paragraph (4), by striking the pe-
2
riod at the end and inserting a semicolon; and
3
(C) by inserting at the end the following:
4
‘‘(5) the United States strategic, foreign policy,
5
and
6
projects supported by the Corporation; and
development
objectives
advanced
through
7
‘‘(6) the health of the Corporation’s portfolio,
8
including an annual overview of funds committed,
9
funds disbursed, default and recovery rates, capital
10
mobilized, equity investments’ year on year returns,
11
and any difference between how investments were
12
modeled at commitment and how they ultimately
13
performed, to include a narrative explanation ex-
14
plaining any changes.’’; and
15
(2) in subsection (b)—
16
(A) in paragraph (1), by striking subpara-
17
graphs (A) and (B) and inserting the following:
18
‘‘(A) the desired development impact and
19
strategic outcomes for projects, and whether or
20
not the Corporation is meeting the associated
21
metrics, goals, and development objectives, in-
22
cluding, to the extent practicable, in the years
23
after conclusion of projects;
24
‘‘(B) whether the Corporation’s support for
25
projects that focus on achieving strategic out-
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1
comes are achieving such strategic objectives of
2
such investments over the duration of the sup-
3
port and lasting after the Corporation’s support
4
is completed;
5
‘‘(C) the value of private sector assets
6
brought to bear relative to the amount of sup-
7
port provided by the Corporation and the value
8
of any other public sector support;
9
‘‘(D) the total private capital projected to
10
be mobilized by projects supported by the Cor-
11
poration during that year, including an analysis
12
of the lenders and investors involved and invest-
13
ment instruments used;
14
‘‘(E) the total private capital actually mo-
15
bilized by projects supported by the Corporation
16
that were fully funded by the end of that year,
17
including—
18
‘‘(i) an analysis of the lenders and in-
19
vestors involved and investment instru-
20
ments used; and
21
‘‘(ii) a comparison with the private
22
capital projected to be mobilized for the
23
projects described in this paragraph;
24
‘‘(F) a breakdown of—
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1
‘‘(i) the amount and percentage of
2
Corporation support provided to less devel-
3
oped countries, advancing income coun-
4
tries, and high-income countries in the pre-
5
vious fiscal year; and
6
‘‘(ii) the amount and percentage of
7
Corporation support provided to less devel-
8
oped countries, advancing income countries
9
and high-income countries averaged over
10
the last 5 fiscal years;
11
‘‘(G)
a
breakdown
of
the
aggregate
12
amounts and percentage of the maximum con-
13
tingent liability of the Corporation authorized
14
to be outstanding pursuant to section 1433 in
15
less developed countries, advancing income
16
countries, and high-income countries;
17
‘‘(H) the risk appetite of the Corporation
18
to undertake projects in less developed coun-
19
tries and in sectors that are critical to develop-
20
ment but less likely to deliver substantial finan-
21
cial returns; and
22
‘‘(I) efforts by the Chief Executive Officer
23
to incentivize calculated risk-taking by trans-
24
action teams, including through the conduct of
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development performance reviews and provision
2
of development performance rewards;’’;
3
(B) in paragraph (3)(B), by striking ‘‘;
4
and’’ and inserting a semicolon;
5
(C) by redesignating paragraph (4) as
6
paragraph (5); and
7
(D) by inserting after paragraph (3) the
8
following:
9
‘‘(4) to the extent practicable, recommendations
10
for measures that could enhance the strategic goals
11
of projects to adapt to changing circumstances;
12
and’’.
13
14
SEC. 8756. PUBLICLY AVAILABLE PROJECT INFORMATION.
Section 1444 of the Better Utilization of Investments
15 Leading to Development Act of 2018 (22 U.S.C. 9654)
16 is amended in paragraph (1) to read as follows:
17
‘‘(1) maintain a user-friendly, publicly available,
18
machine-readable database with detailed project-level
19
information, as appropriate and to the extent prac-
20
ticable, including a description of the support pro-
21
vided by the Corporation under title II, which shall
22
include, to the greatest extent feasible for each
23
project—
24
25
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‘‘(A) the information included in the report
to Congress under section 1443;
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1
‘‘(B) project-level performance metrics;
2
and
3
‘‘(C) a description of the development im-
4
pact of the project, including anticipated impact
5
prior to initiation of the project and assessed
6
impact during and after the completion of the
7
project; and’’.
8
SEC. 8757. NOTIFICATIONS TO BE PROVIDED BY THE COR-
9
10
PORATION.
Section 1446 of the Better Utilization of Investments
11 Leading to Development Act of 2018 (22 U.S.C. 9656)
12 is amended—
13
14
(1)
in
subsection
(a),
by
striking
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and
15
16
17
18
(2) in subsection (b)—
(A) in paragraph (2), by striking ‘‘; and’’
and inserting a semicolon;
(B) in paragraph (3)—
19
(i) by inserting ‘‘the Corporation’s im-
20
pact quotient outlining’’ after ‘‘asset and’’;
21
and
22
(ii) by striking the period at the end
23
and inserting ‘‘; and’’; and
24
(C) by adding at the end the following:
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1
‘‘(4)(A) information relating to whether the
2
Corporation has accepted a creditor status that is
3
subordinate to that of other creditors in the project,
4
activity, or asset; and
5
‘‘(B) for all projects, activities, or assets that
6
the Corporation has accepted a creditor status that
7
is subordinate to that of other creditors the Corpora-
8
tion shall include a description of the substantive
9
policy rationale required by section 1422(b)(12) that
10
influenced the decision to accept such a creditor sta-
11
tus.’’.
12
13
SEC. 8758. LIMITATIONS AND PREFERENCES.
Section 1451 of the Better Utilization of Investments
14 Leading to Development Act of 2018 (22 U.S.C. 9671)
15 is amended—
16
17
(1) in subsection (a), by striking ‘‘5 percent’’
and inserting ‘‘2.5 percent’’; and
18
19
(2) by adding at the end the following:
‘‘(j) POLICIES WITH RESPECT TO STATE-OWNED EN-
20
TERPRISES,
21
TRIES OF CONCERN.—
ANTICOMPETITIVE PRACTICES, AND COUN-
22
‘‘(1) POLICY.—The Corporation shall develop
23
appropriate policies and guidelines for support pro-
24
vided under title II for a project involving a state-
25
owned enterprise, sovereign wealth fund, or a
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1
parastatal entity to ensure such support is provided
2
consistent with appropriate principles and practices
3
of competitive neutrality.
4
‘‘(2) PROHIBITIONS.—
5
‘‘(A) ANTICOMPETITIVE PRACTICES.—The
6
Corporation may not provide support under
7
title II for a project that involves a private sec-
8
tor entity engaged in anticompetitive practices.
9
‘‘(B) COUNTRIES OF CONCERN.—The Cor-
10
poration may not provide support under title II
11
for projects that would be operated, managed,
12
or controlled by the government of a county of
13
concern or a state-owned enterprise that be-
14
longs to or is under the control of a country of
15
concern.
16
‘‘(C) EXCEPTION.—The President may
17
waive the restriction under subparagraph (B)
18
on a project-by-project basis if the President
19
submits to the appropriate congressional com-
20
mittees—
21
‘‘(i) a certification, which may be in-
22
cluded as a classified or confidential annex
23
to a report required by section 1446, that
24
such support is important to the national
25
security interests of the United States; and
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‘‘(ii) a written justification of how
2
such support directly counters or signifi-
3
cantly limits the influence of an entity de-
4
scribed in such subparagraph.
5
‘‘(3) DEFINITIONS.—In this subsection:
6
‘‘(A) CONTROL.—The term ‘control’, with
7
respect to an enterprise, means the power by
8
any means to control the enterprise regardless
9
of—
10
‘‘(i) the level of ownership; and
11
‘‘(ii) whether or not the power is exer-
12
cised.
13
‘‘(B) OWNED.—The term ‘owned’, with re-
14
spect to an enterprise, means a majority or con-
15
trolling interest, whether by value or voting in-
16
terest, of the shares of that enterprise, includ-
17
ing through fiduciaries, agents, or other means.
18
‘‘(C)
STATE-OWNED
ENTERPRISE.—The
19
term ‘state-owned enterprise’ means any enter-
20
prise established for a commercial or business
21
purpose that is directly owned or controlled by
22
one or more governments, including any agency,
23
instrumentality, subdivision, or other unit of
24
government at any level of jurisdiction.’’.
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TITLE LXXXVIII—OTHER
MATTERS
1
2
Sec. 8801. Pilot program for sound insulation repair and replacement.
Sec. 8802. Alignment of timing of updates of strategic plan with updates to
National Strategy for Advanced Manufacturing.
Sec. 8803. Lumbee Fairness Act.
Sec. 8804. Drinking water well replacement for Chincoteague, Virginia.
Sec. 8805. Briefing on implementation of Compact of Free Association Amendments Act of 2024 with respect to veterans in the Freely Associated States.
Sec. 8806. Disinterment of remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas.
3
SEC. 8801. PILOT PROGRAM FOR SOUND INSULATION RE-
4
5
PAIR AND REPLACEMENT.
(a) GOVERNMENT SHARE.—Section 47109 of title
6 49, United States Code, is amended by adding at the end
7 the following:
8
‘‘(i) SPECIAL RULE FOR SOUND INSULATION REPAIR
9
AND REPLACEMENT.—With respect to a project to carry
10 out sound insulation that is granted a waiver under sec11 tion 47110(j), the allowable project cost for such project
12 shall be calculated without consideration of any costs that
13 were previously paid by the Government.’’.
14
(b) SOUND INSULATION TREATMENT REPAIR AND
15 REPLACEMENT PROJECTS.—Section 47110 of title 49,
16 United States Code, is amended by adding at the end the
17 following:
18
19
‘‘(j) PILOT PROGRAM FOR SOUND INSULATION REPAIR AND REPLACEMENTS.—
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‘‘(1) IN GENERAL.—Not later than 120 days
2
after the date of enactment of this subsection, the
3
Administrator of the Federal Aviation Administra-
4
tion shall establish a pilot program at up to two
5
large hub public-use airports for local airport opera-
6
tors that have established a local program to fund
7
secondary noise insulation using nonaeronautical
8
revenue that provides a one-time waiver of the re-
9
quirement of subsection (b)(4) for a qualifying air-
10
port as applied to projects to carry out repair and
11
replacement of sound insulation for a residential
12
building for which the airport previously received
13
Federal assistance or Federally authorized airport
14
assistance under this subchapter if—
15
‘‘(A) the Secretary determines that the ad-
16
ditional assistance is justified due to the resi-
17
dence containing any sound insulation treat-
18
ment or other type of sound proofing material
19
previously installed under this subchapter that
20
is determined to be eligible pursuant to para-
21
graph (2);
22
‘‘(B) the residence—
23
‘‘(i) falls within the Day Night Level
24
(DNL) of 65 to 75 decibel (dB) noise con-
25
tours, according to the most recent noise
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exposure map (as such term is defined in
2
section 150.7 of title 14, Code of Federal
3
Regulations) available as of the date of en-
4
actment of this subsection;
5
‘‘(ii) fell within such noise contours at
6
the time the initial sound insulation treat-
7
ment was installed, but a qualified noise
8
auditor has determined that—
9
‘‘(I) such sound insulation treat-
10
ment caused physical damage to the
11
residence; or
12
‘‘(II) the materials used for
13
sound insulation treatment were of
14
low quality and have deteriorated,
15
broken, or otherwise no longer func-
16
tion as intended; and
17
‘‘(iii) is shown through testing that
18
current interior noise levels exceed DNL
19
45 dB, and the new insulation would have
20
the ability to achieve a 5 dB noise reduc-
21
tion; and
22
‘‘(C) the qualifying airport—
23
‘‘(i) is a large hub airport (as defined
24
in section 40102 of title 49, United States
25
Code);
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‘‘(ii) is located in a dense residential
2
area, with a minimum population of
3
200,000 residents within a 5-mile radius of
4
the airport;
5
‘‘(iii) has an established residential
6
sound insulation program that has been
7
operational for at least 30 years and began
8
in the year 1985;
9
‘‘(iv) is located in a metropolitan sta-
10
tistical area with a population of at least
11
4,000,000 people; and
12
‘‘(v)
13
has
at
least
22,000,000
enplanements annually.
14
‘‘(2) ELIGIBILITY DETERMINATION.—To be eli-
15
gible for waiver under this subsection for repair or
16
replacement of sound insulation treatment projects,
17
an applicant shall—
18
‘‘(A) ensure that the applicant and the
19
property owner have made a good faith effort to
20
exhaust any amounts available through warran-
21
ties, insurance coverage, and legal remedies for
22
the sound insulation treatment previously in-
23
stalled on the eligible residence;
24
‘‘(B) verify the sound insulation treatment
25
for which Federal assistance was previously
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provided was installed prior to the year 2002;
2
and
3
‘‘(C) demonstrate that a qualified noise
4
auditor, based on an inspection of the residence,
5
determined that—
6
‘‘(i) the sound insulation treatment
7
for which Federal assistance was pre-
8
viously provided has resulted in structural
9
deterioration that was not caused by fail-
10
ure of the property owner to repair or ade-
11
quately maintain the residential building or
12
through the negligence of the applicant or
13
the property owner; and
14
‘‘(ii) the condition of the sound insula-
15
tion treatment described in subparagraph
16
(A) is not attributed to actions taken by
17
an owner or occupant of the residence.
18
‘‘(3) ADDITIONAL AUTHORITY FOR SURVEYS.—
19
Notwithstanding any other provision of law, the Sec-
20
retary shall consider a cost allowable under this sub-
21
chapter for an airport to conduct periodic surveys of
22
properties in which repair and replacement of sound
23
insulation treatment was carried out as described in
24
paragraph (1) and for which the airport previously
25
received Federal assistance or Federally authorized
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airport assistance under this subchapter. The sur-
2
veys shall be conducted only for those properties for
3
which the airport has identified a property owner
4
who is interested in having a survey be undertaken
5
to assess the current effectiveness of the sound insu-
6
lation treatment. Such surveys shall be carried out
7
to identify any properties described in the preceding
8
sentence that are eligible for funds under this sub-
9
section.’’.
10
SEC. 8802. ALIGNMENT OF TIMING OF UPDATES OF STRA-
11
TEGIC PLAN WITH UPDATES TO NATIONAL
12
STRATEGY
13
TURING.
14
FOR
ADVANCED
MANUFAC-
(a) IN GENERAL.—Paragraph (2) of section 34(i) of
15 the National Institute of Standards and Technology Act
16 (15 U.S.C. 278s(i)) is amended—
17
(1) in subparagraph (C), by striking ‘‘and up-
18
date not less frequently than once every 3 years
19
thereafter,’’;
20
(2)
by
redesignating
subparagraphs
(D)
21
through (M) as subparagraphs (E) through (N), re-
22
spectively; and
23
24
(3) by inserting after subparagraph (C), the following new subparagraph:
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‘‘(D) to update the strategic plan devel-
2
oped under subparagraph (C) not less fre-
3
quently than once every four years such that
4
the planning cycle for each such update aligns
5
with the planning cycle for updates to the stra-
6
tegic plan required under section 102(c)(4) of
7
the America COMPETES Reauthorization Act
8
of 2010 (42 U.S.C. 6622(c)(4)) to better ensure
9
the Program reflects the priorities of such stra-
10
tegic plan under such section 102(c)(4);’’.
11
(b) CONFORMING AMENDMENTS.—Section 34(i) of
12 the National Institute of Standards and Technology Act
13 (15 U.S.C. 278s(i)) is amended—
14
(1) in paragraph (3), by striking ‘‘developing
15
and updating the strategic plan under paragraph
16
(2)(C)’’ and inserting ‘‘developing the strategic plan
17
under subparagraph (C) of paragraph (2) and up-
18
dating such plan under subparagraph (D) of such
19
paragraph’’; and
20
(2) in paragraph (4), by adding at the end the
21
following new sentence: ‘‘Upon completion of each
22
update required under paragraph (2)(D), the Sec-
23
retary shall transmit such strategic plan to such
24
committees.’’.
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1
2
SEC. 8803. LUMBEE FAIRNESS ACT.
(a) SHORT TITLE.—This section may be cited as the
3 ‘‘Lumbee Fairness Act’’.
4
(b) FEDERAL RECOGNITION.—The Act of June 7,
5 1956 (70 Stat. 254, chapter 375), is amended—
6
(1) by striking section 2;
7
(2) in the first sentence of the first section, by
8
striking ‘‘That the Indians’’ and inserting the fol-
9
lowing:
10
11
‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS.
‘‘The Indians’’;
12
(3) in the preamble—
13
(A) by inserting before the first undesig-
14
15
nated clause the following:
‘‘SECTION 1. FINDINGS.
16
‘‘Congress finds that—’’;
17
(B)
by
designating
the
undesignated
18
clauses as paragraphs (1) through (4), respec-
19
tively, and indenting appropriately;
20
21
(C) by striking ‘‘Whereas’’ each place it
appears;
22
(D) by striking ‘‘and’’ after the semicolon
23
at the end of each of paragraphs (1) and (2)
24
(as so designated); and
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1
(E) in paragraph (4) (as so designated), by
2
striking ‘‘: Now, therefore,’’ and inserting a pe-
3
riod;
4
(4) by moving the enacting clause so as to ap-
5
pear before section 1 (as so designated);
6
7
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
8
9
(6) by inserting before section 3 (as designated
by paragraph (2)) the following:
10
‘‘SEC. 2. DEFINITIONS.
11
‘‘In this Act:
12
‘‘(1) CLAIM.—The term ‘claim’ means any
13
claim that has been asserted or could have been as-
14
serted by the Lumbee Tribe of North Carolina or
15
any member relating to a right, title, or interest in
16
property, to trespass or property damages, or hunt-
17
ing, fishing, or other rights to natural resources,
18
subject to the condition that the claim is based on
19
aboriginal title, recognized title, or title by grant,
20
patent, or treaty.
21
‘‘(2)
FEDERALLY
RECOGNIZED
INDIAN
22
TRIBE.—The term ‘federally recognized Indian tribe’
23
means any Indian tribe included on the most recent
24
list published by the Secretary under section 104(a)
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1
of the Federally Recognized Indian Tribe List Act of
2
1994 (25 U.S.C. 5131(a)).
3
‘‘(3) MEMBER.—The term ‘member’ means any
4
individual enrolled as a member of the Lumbee
5
Tribe of North Carolina—
6
‘‘(A) as of the date of enactment of the
7
Lumbee Fairness Act; and
8
‘‘(B) after that date of enactment.
9
10
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.’’; and
11
12
13
(7) by adding at the end the following:
‘‘SEC. 4. FEDERAL RECOGNITION.
‘‘(a) IN GENERAL.—Federal recognition is extended
14 to the Lumbee Tribe of North Carolina.
15
‘‘(b) APPLICABILITY OF LAWS.—Except as otherwise
16 provided in this Act, all Federal laws (including regula17 tions) of general application to Indians and federally rec18 ognized Indian tribes, including the Act of June 18, 1934
19 (commonly known as the ‘Indian Reorganization Act’) (48
20 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), shall
21 apply to the Lumbee Tribe of North Carolina and its
22 members.
23
24
‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
‘‘(a) IN GENERAL.—The Lumbee Tribe of North
25 Carolina and its members shall be eligible for all services
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1 and benefits provided by the Federal Government to feder2 ally recognized Indian tribes when—
3
‘‘(1) the Secretary and the Secretary of Health
4
and Human Services has developed a determination
5
of needs under section subsection (c); and
6
‘‘(2)
the
Secretary
has
completed
the
7
verification of the tribal roll under subsection (d)(1).
8
‘‘(b) SERVICE AREA.—For the purpose of the delivery
9 of Federal services and benefits described in subsection
10 (a), members residing in Robeson, Cumberland, Hoke, and
11 Scotland Counties in North Carolina shall be deemed to
12 be residing on or near an Indian reservation.
13
‘‘(c) DETERMINATION OF NEEDS.—On verification
14 by the Secretary of a tribal roll under subsection (d)(1),
15 the Secretary and the Secretary of Health and Human
16 Services shall—
17
‘‘(1) develop, in consultation with the Lumbee
18
Tribe of North Carolina, a determination of needs to
19
provide the services for which members are eligible;
20
and
21
‘‘(2) in the first fiscal year following the date
22
on which the tribal roll is verified, each submit to
23
Congress a written statement of those needs, which
24
shall be included in the materials submitted to Con-
25
gress in support of the President’s budget submitted
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1
pursuant to section 1105 of title 31, United States
2
Code, for that fiscal year.
3
‘‘(d) TRIBAL ROLL.—
4
‘‘(1) IN GENERAL.—As a condition of receiving
5
Federal services and benefits described in subsection
6
(a), the Lumbee Tribe of North Carolina shall sub-
7
mit to the Secretary the tribal roll in effect on the
8
date of enactment of this section, which shall be
9
verified by the Secretary in accordance with para-
10
graph (2).
11
‘‘(2) VERIFICATION
12
LINE.—The
13
paragraph (1) shall be—
LIMITATION
AND
DEAD-
verification by the Secretary under
14
‘‘(A) limited to confirming the presence of
15
documentary proof of compliance with the mem-
16
bership criteria described in the constitution of
17
the Lumbee Tribe of North Carolina adopted
18
on November 16, 2001; and
19
‘‘(B) completed not later than 2 years
20
after the submission of a digitized roll with sup-
21
porting documentary proof by the Lumbee
22
Tribe of North Carolina to the Secretary.
23
‘‘(e) SAVINGS PROVISION.—Nothing in this section
24 prevents the Lumbee Tribe of North Carolina from chang-
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1 ing its tribal roll or membership qualifications after the
2 date of enactment of this section.
3
4
‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
‘‘(a) IN GENERAL.—The Secretary is authorized to
5 take land into trust for the benefit of the Lumbee Tribe
6 of North Carolina, if such land is located within the
7 boundaries of Robeson, Cumberland, Hoke, or Scotland
8 Counties in North Carolina.
9
‘‘(b) TREATMENT OF CERTAIN LAND.—An applica-
10 tion to take into trust land located within Robeson County
11 in North Carolina under this section shall be treated by
12 the Secretary as an ‘on reservation’ trust acquisition
13 under part 151 of title 25, Code of Federal Regulations
14 (or a successor regulation).
15
‘‘(c) CLAIMS AGAINST THE UNITED STATES.—Any
16 claim accruing before the date of enactment of this section
17 against the United States shall first be authorized by an
18 Act of Congress.
19
20
‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
‘‘(a) IN GENERAL.—With respect to land located
21 within the State of North Carolina that is owned by, or
22 held in trust by the United States for the benefit of, the
23 Lumbee Tribe of North Carolina, or any dependent Indian
24 community of the Lumbee Tribe of North Carolina, the
25 State of North Carolina shall exercise jurisdiction over—
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1
2
‘‘(1) all criminal offenses that are committed;
and
3
‘‘(2) all civil actions that arise.
4
‘‘(b) TRANSFER OF JURISDICTION.—
5
‘‘(1) IN GENERAL.—Pursuant to section 403 of
6
the Civil Rights Act of 1968 (25 U.S.C. 1323), and
7
subject to paragraph (2), the Secretary may accept
8
on behalf of the United States, after consulting with
9
the Attorney General of the United States, any
10
transfer by the State of North Carolina to the
11
United States of any portion of the jurisdiction of
12
the State of North Carolina described in subsection
13
(a) over Indian country occupied by the Lumbee
14
Tribe of North Carolina pursuant to an agreement
15
between the Lumbee Tribe of North Carolina and
16
the State of North Carolina.
17
‘‘(2) RESTRICTION.—A transfer of jurisdiction
18
described in paragraph (1) may not take effect until
19
2 years after the effective date of the agreement de-
20
scribed in that paragraph.
21
‘‘(c) EFFECT.—Nothing in this section affects the ap-
22 plication of section 109 of the Indian Child Welfare Act
23 of 1978 (25 U.S.C. 1919).
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1
2
‘‘SEC. 8. SAVINGS PROVISION.
‘‘(a) IN GENERAL.—Except as provided in sub-
3 sections (b) and (c)—
4
‘‘(1) the delivery of services to the Lumbee
5
Tribe of North Carolina or its members shall not
6
occur before the third fiscal year following the date
7
of enactment of this section; but
8
‘‘(2) that delay in the delivery of services shall
9
not extend beyond 3 fiscal years following that date
10
of enactment.
11
‘‘(b) NEW AND RESTORED TRIBES FUNDING.—The
12 Lumbee Tribe of North Carolina shall be eligible for fund13 ing provided by the Department of the Interior and the
14 Department of Human Services that is only available to
15 newly federally recognized and restored Indian tribes.
16
‘‘(c) CURRENT FUNDING AND SERVICES.—Nothing
17 in this section affects the level of funding or services being
18 delivered by any Federal agency to the Lumbee Tribe of
19 North Carolina on or before the date of enactment of this
20 section.’’.
21
SEC. 8804. DRINKING WATER WELL REPLACEMENT FOR
22
23
CHINCOTEAGUE, VIRGINIA.
(a) IN GENERAL.—Notwithstanding any other provi-
24 sion of law, the Administrator of the National Aeronautics
25 and Space Administration may enter into an agreement,
26 as appropriate, with the Town of Chincoteague, Virginia,
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1 for a period of up to five years, for reimbursement of the
2 Town of Chincoteague’s costs directly associated with the
3 development of a plan for the following:
4
(1) The decommissioning of drinking water
5
wells currently situated on property administered by
6
National Aeronautics and Space Administration.
7
(2) The establishment of alternative drinking
8
water wells, which are located on property under the
9
administrative control, whether through lease, own-
10
ership, or easement, of the Town of Chincoteague.
11
(b) ELEMENTS.—The plan under subsection (a) shall
12 include, to the extent practicable, information relating to
13 the following:
14
(1) Any drinking water well described in para-
15
graph (1) such subsection, including an identifica-
16
tion relating thereto, that is to be decommissioned.
17
(2) The location under paragraph (2) of such
18
subsection of the site to which any alternative drink-
19
ing water well is be established.
20
(3) The estimated cost of any such establish-
21
ment, including for the purchase, lease, or use of ad-
22
ditional property, engineering, design, permitting, or
23
construction relating thereto.
24
(c) SUBMISSION TO CONGRESS.—Not later than 18
25 months after the date of the enactment of this Act, the
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1 Administrator of the National Aeronautics and Space Ad2 ministration, in coordination with the head or other appro3 priate representative of any entity relevant to any agree4 ment entered into under subsection (a), shall submit to
5 the Committee on Science, Space, and Technology of the
6 House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a copy
8 of any such agreement.
9
SEC. 8805. BRIEFING ON IMPLEMENTATION OF COMPACT
10
OF FREE ASSOCIATION AMENDMENTS ACT OF
11
2024 WITH RESPECT TO VETERANS IN THE
12
FREELY ASSOCIATED STATES.
13
(a) IN GENERAL.—Not later than 30 days after the
14 date of the enactment of this Act, and not less frequently
15 than monthly thereafter until the date that is five years
16 after such date of enactment, the Secretary of Veterans
17 Affairs shall provide to the Committee on Veterans’ Af18 fairs of the Senate and the Committee on Veterans’ Af19 fairs of the House of Representatives a briefing on the
20 status of implementation of the provisions of the Compact
21 of Free Association Amendments Act of 2024 (title II of
22 division G of Public Law 118–42) relating to veterans in
23 the Freely Associated States in a way that is consistent
24 with the intent of Congress, including—
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1
2
(1) engagement with the governments of the
Freely Associated States;
3
(2) a projected timeline for veterans in the
4
Freely Associated States to receive hospital care and
5
medical services; and
6
(3) an estimate of the cost of implementation of
7
such provisions.
8
(b) DEFINITIONS.—In this section:
9
10
(1) FREELY ASSOCIATED STATES.—The term
‘‘Freely Associated States’’ means—
11
(A) the Federated States of Micronesia;
12
(B) the Republic of the Marshall Islands;
13
and
14
(C) the Republic of Palau.
15
(2) HOSPITAL CARE; MEDICAL SERVICES.—The
16
terms ‘‘hospital care’’ and ‘‘medical services’’ have
17
the meanings given those terms in section 1701 of
18
title 38, United States Code.
19
SEC. 8806. DISINTERMENT OF REMAINS OF FERNANDO V.
20
COTA FROM FORT SAM HOUSTON NATIONAL
21
CEMETERY, TEXAS.
22
(a) DISINTERMENT.—Not later than one year after
23 the date of the enactment of this Act, the Secretary of
24 Veterans Affairs shall disinter the remains of Fernando
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1 V. Cota from Fort Sam Houston National Cemetery,
2 Texas.
3
(b) NOTIFICATION.—The Secretary of Veterans Af-
4 fairs may not carry out subsection (a) until after notifying
5 the next of kin of Fernando V. Cota.
6
(c) DISPOSITION.—After carrying out subsection (a),
7 the Secretary of Veterans Affairs shall—
8
9
(1) relinquish the remains to the next of kin described in subsection (b); or
10
(2) if no such next of kin responds to the notifi-
11
cation under subsection (b), arrange for disposition
12
of the remains as the Secretary determines appro-
13
priate.
◊
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