H.R. 3838
119th CONGRESS 1st Session
To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES · June 9, 2025 · Sponsor: Mr. Rogers of Alabama · Committee: Committee on Armed Services
Sec. 1. Short title.
- (a) In general
- This Act may be cited as the Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026.
- (b) Reference
- Any reference in this or any other Act to the shall be deemed to be a reference to the .
National Defense Authorization Act for Fiscal Year 2026Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026
- Any reference in this or any other Act to the shall be deemed to be a reference to the .
Sec. 2. Organization of Act into divisions; table of contents.
- (a) Divisions
- This Act is organized into four divisions as follows:
- Division A—Department of Defense Authorizations.
- Division B—Military Construction Authorizations.
- Division C—Department of Energy National Security Authorizations and Other Authorizations.
- Division D—Funding Tables.
- This Act is organized into four divisions as follows:
- (b) Table of contents
- The table of contents for this Act is as follows:
- Sec. 1. Short title.
- Sec. 2. Organization of Act into divisions; table of contents.
- Sec. 3. Congressional defense committees.
- Division A—Department of Defense Authorizations
- Title I—Procurement
- Sec. 101. Authorization of appropriations.
- Sec. 111. Multiyear procurement authority for UH–60 Blackhawk aircraft.
- Sec. 112. Authorization to initiate early production of future long-range assault aircraft.
- Sec. 113. Limitation on reductions to Army Prepositioned Stocks—Afloat program sealift capability.
- Sec. 121. Contract authority for Ford class aircraft carrier program.
- Sec. 122. Contract authority for Columbia class submarine program.
- Sec. 123. Authority for advance procurement of certain components to support continuous production of Virginia class submarines.
- Sec. 124. Authority to use incremental funding to enter into a contract for the construction of a Guided Missile Destroyer (DDG).
- Sec. 125. Multiyear procurement authority for Yard, Repair, Berthing, and Messing Barges.
- Sec. 126. Vessel construction manager for follow-on ships of the Landing Ship Medium program.
- Sec. 127. Limitation on construction of Modular Attack Surface Craft.
- Sec. 128. Inclusion of amphibious warfare ship spares and repair parts as a separate line item in Navy budget justification materials.
- Sec. 129. Strategy for Navy investment in and support for the maritime industrial base.
- Sec. 130. Modification to requirements for recapitalization of tactical fighter aircraft of the Navy Reserve.
- Sec. 141. Modification of minimum inventory requirements for air refueling tanker aircraft.
- Sec. 142. Extension of requirements relating to C–130 aircraft.
- Sec. 143. Modification to minimum inventory requirement for A–10 aircraft.
- Sec. 144. Preservation of certain retired KC–10 aircraft.
- Sec. 145. Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft.
- Sec. 146. Limitation on procurement of KC–46 aircraft pending certification on correction of deficiencies.
- Sec. 147. Requirements relating to executive airlift aircraft.
- Sec. 148. Report on the F–47 advanced fighter aircraft program.
- Sec. 151. Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging.
- Sec. 152. Annual GAO reviews of the F–35 aircraft program.
- Title II—Research, Development, Test, and Evaluation
- Sec. 201. Authorization of appropriations.
- 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. Modification to authority for acquisition, construction, or furnishing of test facilities and equipment.
- Sec. 214. Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions.
- Sec. 215. Modification to policies for management and certification of Link 16 military tactical data link network.
- Sec. 216. Support for research and development of bioindustrial manufacturing processes.
- 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. Post-employment restrictions for participants in certain defense research.
- Sec. 219. National Security and Defense Artificial Intelligence Institute.
- Sec. 220. Responsible development and deployment of biotechnology within the Department of Defense.
- Sec. 221. Department of Defense biotechnology workforce training.
- Sec. 222. Biotechnology supply chain resiliency program.
- Sec. 223. Review and alignment of standards, guidance, and policies relating to digital engineering.
- Sec. 224. Application of software innovation and data management plans to modernize test and evaluation infrastructure.
- Sec. 225. Demonstration of near real-time monitoring capabilities to enhance weapon system platforms.
- Sec. 226. Western regional range complex demonstration.
- Sec. 227. Reimbursement of National Guard for research, development, test, and evaluation expenses.
- Sec. 228. Prohibition on availability of funds for animal research in collaboration with foreign countries of concern.
- Sec. 229. Prohibition on availability of funds for gain of function research.
- Sec. 230. Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office.
- Sec. 241. Feasibility study on incorporating militarily-relevant applications of emerging biotechnology into wargaming exercises.
- Sec. 242. Feasibility study on use of cloud laboratories.
- Sec. 243. Quarterly reports on termination of critical technology research awards.
- Sec. 244. Report on Department of Defense market research of critical technology and capabilities.
- Title III—Operation and Maintenance
- Sec. 301. Authorization of appropriations.
- Sec. 311. Inclusion of nuclear energy and nuclear technologies in eligible investments made by Office of Strategic Capital.
- Sec. 312. Inclusion of information about PFAS investigation and remediation in annual report on defense environmental programs.
- Sec. 313. Modification of requirements relating to replacement of fluorinated aqueous film-forming foam.
- Sec. 314. Provision of alternative drinking water to certain communities with private drinking water wells contaminated with perfluoroalkyl substances or polyfluoroalkyl substances.
- Sec. 315. Responsibilities of executive agent for installation and operational nuclear energy.
- Sec. 316. Establishment of Advanced Nuclear Technologies Transition Working Group.
- Sec. 317. Department of Air Force program of record for commercial weather data.
- Sec. 318. Pilot program on Navy installation nuclear energy.
- Sec. 319. Pilot program to install propane-powered generators at a domestic defense industrial base facility.
- Sec. 320. Strategy to accelerate remediation of contamination from perfluoroalkyl substances and polyfluoroalkyl substances.
- Sec. 331. Extension of authorization of depot working capital funds for unspecified minor military construction.
- Sec. 332. Designation of senior officials responsible for integration of global contested logistics posture management.
- Sec. 333. Modification of minimum capital investment for certain depots of Department of Defense.
- Sec. 335. Modification to annual report on Navy Shipyard Infrastructure Optimization Program.
- Sec. 336. Strategy to improve infrastructure of certain depots of the Department of Defense.
- Sec. 337. Pilot program for arsenal workload sustainment.
- Sec. 338. Depot-level maintenance coordination in multinational exercises.
- Sec. 339. Maintenance inspection capabilities and requirements.
- Sec. 340. Joint Strike Fighter sustainment.
- Sec. 341. Modernization of Army arsenals.
- Sec. 342. Limitation on use of funds to reduce the number of civilian personnel employed at Pine Bluff Arsenal, Arkansas, and Red River Army Depot, Texas.
- Sec. 351. Establishment of Army museum system.
- Sec. 352. Authorization to maintain a library in the Department of the Navy.
- Sec. 353. Authorization to maintain a Navy art gallery.
- Sec. 354. Establishment of United States Navy Museum System.
- Sec. 355. Establishment of Center for the Study of the National Guard.
- Sec. 356. Recognition of certain aspects of the National Navy UDT–SEAL Museum in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial.
- Sec. 361. Assessments and plan for increasing access to nutritious food on military installations.
- Sec. 362. Quarterly reports on munitions response projects at sites formerly used by the Department of Defense.
- Sec. 363. Report on causes and effects of declining aircraft readiness rates.
- Sec. 364. Driver simulators in military vehicles.
- Sec. 371. Authority to evacuate family pets and contract working dogs during noncombatant evacuations of foreign countries.
- Sec. 372. Manned rotary wing aircraft safety.
- Sec. 373. Inclusion of territories in certain intergovernmental support agreements for installation-support services.
- Sec. 374. Transportation of domestic animals by foreign air carrier.
- Sec. 375. Adjustment and diversification assistance for State and local governments affected by Army Transformation Initiative.
- Sec. 376. Availability of milk at dining facilities on military installations.
- Sec. 377. Minimum standards for military working dog kennels and facilities.
- Sec. 378. Restroom access at military installations for certain transportation service providers.
- Sec. 379. Regulations applicable to wearing optional combat boots.
- Sec. 380. Initiative to control spread of greater banded hornet in Guam.
- Sec. 381. Limitation on use of funds for Army initial entry rotary wing training.
- Title IV—Military Personnel Authorizations
- Sec. 401. End strengths for active forces.
- Sec. 411. End strengths for Selected Reserve.
- Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
- Sec. 413. End strengths for military technicians (dual status).
- Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
- Sec. 415. Excluding members of the National Guard performing certain duty from counting for active-duty end strengths.
- Sec. 421. Military personnel.
- Sec. 422. Streamlining of total force reporting requirements.
- Title V—Military Personnel Policy
- Sec. 501. Treatment of Space Force officers for purposes of laws relating to authorized number and distribution of officers in general officer grades.
- Sec. 502. Redistribution of general officers on active duty from the Air Force to the Space Force.
- Sec. 503. 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. 504. Chaplains: career flexibility; detail as students at schools for education required for appointment.
- Sec. 505. Ranks of Judge Advocates General.
- Sec. 506. Procedures for selection of Space Force officers for promotion to major general.
- Sec. 507. Establishment of blast safety officer positions.
- Sec. 508. Designation of at least one general officer of the Marine Corps Reserve as a joint qualified officer.
- Sec. 511. Grades of certain chiefs of reserve components.
- Sec. 512. Pilot authority for extended length of orders to active duty for preplanned missions in support of the combatant commands.
- Sec. 513. Prohibition on consideration of amount of time of service in activation of reserve members.
- Sec. 514. Active and inactive transfers of officers of the Army National Guard and Air Force National Guard.
- Sec. 515. National Guard: Active Guard and Reserve duty in response to a State disaster.
- Sec. 516. FireGuard Program: program of record; authorization.
- Sec. 521. Women’s initiative teams.
- Sec. 522. Individual Longitudinal Exposure Record: codification; expansion.
- Sec. 523. Codification of additional basic branches of the Army.
- Sec. 524. Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions.
- Sec. 525. Prohibition on use of Federal funds for diversity, equity, and inclusion.
- Sec. 526. Prohibition of new COVID–19 vaccine mandate for members of the Armed Forces.
- Sec. 531. Recruitment: improvements relating to secondary schools and institutions of higher education.
- Sec. 532. Alternative service in the defense industrial base by individuals denied enlistment.
- Sec. 533. Medical accession standards for members of the Armed Forces.
- Sec. 534. Selective Service System: automatic registration.
- Sec. 541. Training requirements for occupational specialties with civilian equivalents.
- Sec. 542. Inclusion of Space Force education programs in definitions regarding professional military education.
- Sec. 543. Center for Strategic Deterrence and Weapons of Mass Destruction Studies.
- Sec. 544. Service Academies; appointments and additional appointees.
- Sec. 545. Modifications to alternative obligation for cadets and midshipmen.
- Sec. 546. Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies.
- Sec. 547. Detail of members of the Space Force as instructors at Air Force Institute of Technology.
- Sec. 548. Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy.
- Sec. 549. Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment.
- Sec. 549A. Prohibition on use of Federal funds to endorse critical race theory.
- Sec. 549B. Prohibition on the reduction of funding for foreign language training for members of the Armed Forces.
- Sec. 549C. Limitation on authority to reorganize the Senior Reserve Officers' Training Corps of the Army.
- Sec. 551. Ensuring the availability of legal advice to commanders.
- Sec. 552. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice.
- Sec. 553. Punitive article under the Uniform Code of Military Justice for offenses relating to child pornography.
- Sec. 554. Authorization of death penalty for offense of rape of a child under the Uniform Code of Military Justice.
- Sec. 555. Increase in maximum sentence for the offense of voluntary manslaughter under the Uniform Code of Military Justice.
- Sec. 556. Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice.
- Sec. 557. Revision to sexual assault prevention and response training guidance.
- Sec. 558. Reports and briefings on efforts to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence within the Department of Defense.
- Sec. 559. Study and recommendations regarding misconduct prevention in Okinawa, Japan.
- Sec. 561. Establishment of separation oath for members of the Armed Forces.
- Sec. 562. Presentation by a veterans service organization in TAP preseparation counseling.
- Sec. 563. Expansion of eligibility of veterans for certain military adaptive sports program.
- Sec. 564. Transition Assistance Program: Department of Labor Employment Navigator and Partnership Pilot Program.
- Sec. 565. Skillbridge: apprenticeship programs.
- Sec. 566. Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM.
- Sec. 571. Notification of suspected child abuse at providers of child care services or youth programs.
- Sec. 572. Pilot program to increase payments for child care services in high-cost areas.
- Sec. 573. Pilot program to increase payments for child care services in high-cost areas.
- Sec. 574. Extension of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.
- Sec. 575. Military OneSource: information regarding maternal health care.
- Sec. 576. Prohibition on availability of funds for termination of DODEA and child care workers.
- Sec. 581. Ensuring access to DODEA schools for certain members of the reserve components.
- Sec. 582. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
- Sec. 583. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.
- Sec. 591. Authorization for award of Medal of Honor to James Capers, Jr., for acts of valor as a member of the Marine Corps during the Vietnam War.
- Sec. 592. Authorization to award the Medal of Honor to retired Colonel Philip J. Conran for acts of valor in Laos during the Vietnam war.
- Title VI—Compensation and Other Personnel Benefits
- Sec. 601. Codification of applicability to Space Force of certain pay and allowance authorities.
- Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
- Sec. 612. Incentive pay: explosive ordnance disposal duty.
- Sec. 613. Standardization of cyber assignment incentive pay for members of the Armed Forces.
- Sec. 621. Basic needs allowance: exclusion of basic allowance for housing from the calculation of gross household income of an eligible member of the Armed Forces.
- Sec. 622. Family separation allowance: increase.
- Sec. 623. Report regarding the basic allowance for subsistence and military food programs.
- Sec. 624. Basic allowance for housing: study to evaluate alternative rate calculation.
- Sec. 631. Bereavement leave for a member of the Armed Forces in the case of a loss of pregnancy or stillbirth.
- Sec. 632. Convalescent leave for cadets and midshipmen.
- 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.
- Sec. 651. Use of commissary stores: civilian employees of Military Sealift Command.
- Sec. 652. MWR retail facilities: use by civilian employees of the Armed Forces.
- Sec. 653. Single-use shopping bags in commissary stores.
- Sec. 661. Provision of information regarding relocation assistance programs for members receiving orders for a change of permanent station.
- Sec. 662. Expansion of pilot program to increase access to food on military installations.
- Sec. 663. Casualty assistance program: review; implementation plan.
- Title VII—Health Care Provisions
- Sec. 701. Dental readiness.
- Sec. 702. Inclusion of certain tests as part of the periodic health assessment provided to members of the Armed Forces.
- Sec. 703. Fertility treatment for certain members of the Armed Forces and dependents.
- Sec. 704. TRICARE coverage for increased supply for contraception.
- Sec. 705. Pilot program on access to obstetrical and gynecological care under TRICARE Prime program.
- Sec. 706. Pilot program to make midwife services available through TRICARE to certain individuals.
- Sec. 707. Pilot program to treat pregnancy as a qualifying event for enrollment in TRICARE Select.
- Sec. 708. Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer.
- Sec. 709. Medical testing and related services for firefighters of Department of Defense.
- Sec. 721. Military-civilian medical surge program.
- Sec. 722. Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents.
- Sec. 723. Payment adjustments for outpatient services for certain children's hospitals.
- Sec. 724. Verification of licensure of health-care professionals of the military departments.
- Sec. 725. Expansion of health care license portability for members of the National Guard performing training or duty.
- Sec. 726. Licensure requirement for health-care professionals of partner countries.
- Sec. 727. Modification of limitation on reduction of military medical manning end strength.
- Sec. 728. Prohibition on painful research on domestic cats and dogs.
- Sec. 729. Pilot program to test standalone technology to improve efficiencies in supply-chain management, medical readiness, and medical processes.
- Sec. 730. Availability of sexual assault nurse examiner services at military medical treatment facilities.
- Sec. 731. Uniform protocols on screening for unwanted sexual behavior.
- Sec. 732. Access to sexual assault forensic examinations for civilian employees and contractors.
- Sec. 733. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances.
- Sec. 741. Military medical cooperation arrangements among Five Eyes countries.
- Sec. 742. Strategy for treating traumatic brain injuries through digital health technologies.
- Sec. 743. Report on traumatic brain injuries among certain pilots serving on active duty.
- Sec. 744. Study on prevalence and mortality of cancer among military rotary-wing pilots and aviation support personnel.
- Sec. 745. Study on effects of service in the special operations forces to health of members of the Armed Forces.
- Sec. 746. Pilot program on use of fish skin regeneration products in treating burn and blast injuries.
- Sec. 747. Pilot program on remote blood pressure monitoring for certain pregnant and post-partum TRICARE beneficiaries.
- Sec. 748. Pilot program to help certain members of the Armed Forces stop smoking.
- Sec. 749. Pilot program on secure, mobile personal health record for members of the Armed Forces participating in the Transition Assistance Program.
- Sec. 750. Report on transitioning of mail-order pharmacy program of TRICARE program to an in-house mail order service.
- Sec. 751. Strategic plan to address mental health of members of the Armed Forces.
- Title VIII—Acquisition Policy, Acquisition Management, and Related Matters
- Sec. 801. Multiyear procurement authority for covered weapon systems.
- Sec. 802. Elimination of late cost and pricing data submission defense.
- Sec. 803. Reporting of price increases.
- Sec. 804. Assumption of uninsurable risk on certain contracts.
- Sec. 805. Changes to reference documents.
- Sec. 806. Major system cost growth oversight.
- Sec. 807. Contested logistics exercise requirement.
- Sec. 811. Additional amendments related to undefinitized contractual actions.
- Sec. 812. Modification to award amount for program to accelerate the procurement and fielding of innovative technologies.
- Sec. 813. Other transaction authority reporting.
- Sec. 814. Amendment to procurement of services data analysis and requirements validation.
- Sec. 815. Acquisition thresholds for certain materials.
- Sec. 816. Additional materials prohibited from non-allied foreign nations.
- Sec. 817. Extension of authority for pilot program for development of technology-enhanced capabilities with partnership intermediaries.
- Sec. 818. Government Accountability Office bid protest process enhancement.
- Sec. 819. Report on the use of other transaction authority.
- Sec. 820. Application of certain documentation and oversight requirements to certain projects performed through other transaction authority.
- Sec. 831. Improvements to public-private talent exchange.
- Sec. 832. Modification to assignment period for critical acquisition positions.
- Sec. 833. Development of the advanced manufacturing workforce.
- Sec. 834. Competitive acquisition leadership appointments.
- Sec. 835. Development and employment of members of the Defense Civilian Training Corps.
- Sec. 836. Reform of contractor performance information requirements.
- Sec. 837. Restructuring of performance evaluation metrics for the acquisition workforce.
- Sec. 838. Ensuring Department of Defense contractor compliance with disability hiring goals.
- Sec. 839. Comptroller General review of matters relating to individuals assigned to a critical acquisition position.
- Sec. 840. Comptroller General review of the management, training, and development of the acquisition workforce.
- Sec. 841. Report on strengthening the Defense Acquisition University.
- Sec. 851. Repeal of exception for small purchases under the Berry Amendment.
- Sec. 852. Supply chain illumination incentives.
- Sec. 853. Modification to enhanced domestic content requirement for major defense acquisition programs.
- Sec. 854. Strategy to eliminate sourcing of optical glass from certain nations.
- Sec. 855. Voluntary registration of compliance with covered sourcing requirements for covered products.
- Sec. 856. Acceleration of qualification of compliant sources.
- Sec. 857. Enhanced security strategy for private fifth generation information and communications capabilities.
- Sec. 858. Preference for domestic procurement of professional services.
- Sec. 861. Requirements relating to long-term concessions agreements with certain retailers.
- Sec. 862. Prohibition on contracting with entities with segregated facilities.
- Sec. 863. Requirement for contractors to provide reasonable access to repair materials.
- Sec. 864. Prohibition on acquisition of advanced batteries from certain foreign sources.
- Sec. 865. Prohibition on acquisition of molybdenum from non-allied foreign nations.
- Sec. 866. Requirement to buy disposable food service products from American sources; exceptions.
- Sec. 867. Prohibition on Department of Defense contracts with certain foreign-owned online tutoring services.
- Sec. 868. Modifications to certain procurements from certain Chinese entities.
- Sec. 869. Prohibition on the purchase of photovoltaic modules from foreign entities of concern.
- Sec. 870. Prohibition on computers or printers acquisitions involving entities owned or controlled by China.
- Sec. 871. Modification to demonstration and prototyping program to advance international product support capabilities in a contested logistics environment.
- Sec. 872. Modification to procurement requirements relating to rare earth elements and strategic and critical materials.
- Sec. 873. Applicability of the prohibition on acquiring certain metal products.
- Sec. 874. Recycling critical mineral.
- Sec. 875. Organic small unmanned aircraft system manufacturing capacity.
- Sec. 876. Protecting AI and cloud competition in defense contracts.
- Sec. 877. Bioindustrial commercialization program.
- Sec. 878. Common repository for supplier information.
- Sec. 879. Civil Reserve Manufacturing Network.
- Sec. 881. Department of Defense contracting goals for small business concerns owned and controlled by veterans.
- Sec. 882. Permanent extension of phase flexibility and inclusion of small business technology transfer program.
- Sec. 883. Authority to make additional sequential Phase II awards under the Small Business Innovation Research program or Small Business Technology Transfer program.
- Sec. 884. Congressional notification requirements for small business concerns for any significant contract termination.
- Sec. 891. Special Operations Command Urgent Innovative Technologies and Capabilities Pilot Program.
- Sec. 892. Inventory of technical data rights for weapon system sustainment.
- Sec. 893. Establishing biobased product merit guidance.
- Sec. 894. Comptroller General assessment of competitive effects of mergers and acquisitions of defense contractors.
- Title IX—Department of Defense Organization and Management
- Sec. 901. Prohibition of diversity, equity, and inclusion programs of the Department of Defense.
- Sec. 902. Modification to authorities of the Under Secretary of Defense for Research and Engineering.
- Sec. 903. Modification to authorities of the Director of Operational Test and Evaluation.
- Sec. 904. Additional authorities for the Office of Strategic Capital.
- Sec. 905. Further modifications to capital assistance program of the Office of Strategic Capital.
- Sec. 911. Membership of Commandant of the Coast Guard on the Joint Chiefs of Staff.
- Sec. 912. Joint Counter-Small Unmanned Aircraft Systems Office.
- Sec. 913. Authority to establish regional outreach centers for the Defense Innovation Unit.
- Sec. 914. Oversight of the United States Africa Command.
- Sec. 915. 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.
- Sec. 916. Limitation on authority to reduce in rank the billets of the commanding officers of certain military installations of the Air Force.
- Sec. 917. Determination of lead organization responsible for approval and validation of certain unmanned aircraft systems and components.
- Sec. 918. Department of Defense advisory subcommittee to review technologies, processes, and investment related to combined joint all-domain command and control.
- Title X—General Provisions
- Sec. 1001. General transfer authority.
- Sec. 1002. Responsibilities of Under Secretary of Defense (Comptroller).
- Sec. 1003. Additional elements for Department of Defense Financial Improvement and Audit Remediation Plan and report.
- Sec. 1004. Consolidation of reporting requirements relating to Department of Defense financial improvement and audit remediation plan.
- Sec. 1005. Concurrent reporting date for annual update to Defense Business Systems Audit Remediation Plan and Department of Defense annual financial statements.
- Sec. 1006. Limitation on availability of funds for travel expenses of Office of Secretary of Defense until completion of certain audit requirements.
- Sec. 1007. Reporting requirements for amounts made available pursuant to title II of .
- Sec. 1011. Inclusion of certain design information in annual naval vessel construction plans.
- Sec. 1012. Limitation on use of funds in the National Defense Sealift Fund to purchase certain used foreign constructed vessels.
- Sec. 1013. Requirements for amphibious warfare ship force structure.
- Sec. 1014. Definition of short-term work for purposes of Navy construction of combatant and escort vessels and assignment of vessel projects.
- Sec. 1015. Navy Senior Technical Authority.
- Sec. 1016. Alternative contracting authority for United States Naval Ships.
- Sec. 1017. Inclusion of Navy amphibious ship maintenance as a separate line item in operation and maintenance budget.
- Sec. 1018. Metrics for basic and functional design for ship construction.
- Sec. 1019. Authority for single award indefinite delivery indefinite quantity contract for destroyer maintenance.
- Sec. 1020. Evaluation of sites for shipbuilding and ship repair.
- Sec. 1021. Limitation on use of funds to retire or decommission Navy oceanographic research vessels.
- Sec. 1022. Sense of Congress regarding naming of vessel for Battle of Dai Do.
- Sec. 1031. Revisions to Department of Defense authority for joint task forces to support law enforcement agencies or Federal agencies conducting counterterrorism and counter transnational organized crime 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.
- Sec. 1041. Modification of authority to provide assistance in support of Department of Defense accounting for missing United States Government personnel.
- Sec. 1042. Expedited access to certain military installations of the Department of Defense for Members of Congress and certain Congressional employees.
- Sec. 1043. Authority of Secretary of Defense to enter into contracts to provide certain assistance to secure the southern land border of the United States.
- Sec. 1044. Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program.
- Sec. 1045. Limitation on retirement of Gray Eagle unmanned aircraft systems.
- Sec. 1046. Oversight of the United States Southern Command.
- 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. Prohibition on availability of funds for institutions of higher education that allow antisemitic demonstrations.
- Sec. 1050. Limitation on use of funds pending certification of compliance with certain congressional notice requirements.
- Sec. 1051. 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. 1052. Limitation on use of funds for deactivation of Expeditionary Combat Aviation Brigades.
- Sec. 1061. Mobility capability requirements study.
- Sec. 1062. Extension of briefing requirement regarding civil authorities at the Southwest border.
- Sec. 1063. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the department following separation from military service or employment with the Department.
- Sec. 1064. Annual report on requests of combatant commands for remote sensing data.
- Sec. 1065. Notification of waivers under Department of Defense Directive 3000.09.
- Sec. 1066. Annual report on Guam civilian-military projects.
- Sec. 1071. Air Force Technical Training Center of Excellence.
- Sec. 1072. National Commission on the Future of the Navy study of maritime industrial base.
- Sec. 1073. Extension of the National Commission on the Future of the Navy.
- Sec. 1074. Reauthorization of the Servicewomen’s Commemorative Partnership.
- Sec. 1075. Federal agency support for Afghanistan War Commission.
- Sec. 1076. Provision of contract authority to Afghanistan War Commission.
- Sec. 1077. Framework for technology transfer and foreign disclosure policies.
- Sec. 1078. Budgeting and funding requirements for Northern Strike Exercise.
- Sec. 1079. Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United States Special Operations Command.
- Sec. 1080. Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities for base defense.
- Sec. 1081. Pilot program and other requirements for accelerating protection of certain facilities and assets from unmanned aircraft.
- Sec. 1082. Counter-unmanned aircraft system readiness.
- Sec. 1083. Pilot program on digital force protection for Special Operations Forces.
- Sec. 1084. Pilot program for blockchain-enabled inventory management.
- Sec. 1085. Acceleration of accreditation and access to sensitive compartmented information facilities for industry.
- Sec. 1086. Standardization of data analysis and visualization across the Department of Defense.
- Sec. 1087. Process for complaints and investigations of transportation service providers and transportation officers.
- Title XI—Civilian Personnel
- Sec. 1101. Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam.
- Sec. 1102. Appointment of retired members of the armed forces to competitive service and excepted service positions in the Department of Defense.
- Sec. 1103. Pay for crews of vessels.
- Sec. 1104. Exception to limitation on rate of basic pay for crews of vessels.
- 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. Defense workforce integration.
- Sec. 1108. Modifications to total force management requirements.
- Sec. 1109. Exemption from civilian hiring freeze for delayed DOD appointments due to active duty.
- Sec. 1110. Limitation on use of funds to limit collective bargaining.
- Sec. 1111. Personnel actions against DOD SES career appointees.
- Sec. 1121. Short title.
- Sec. 1122. Amendments to title 5, United States Code.
- Title XII—Matters relating to foreign nations
- Sec. 1201. Authority to build capacity for space domain awareness.
- Sec. 1202. Modification of authority to build capacity of foreign security forces.
- Sec. 1203. Modifications to Irregular Warfare Center and Regional Defense Fellowship Program.
- Sec. 1204. Modification of public reporting of Chinese military companies operating in the United States.
- Sec. 1205. Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United States and certain partner countries.
- Sec. 1206. Cybersecurity integration.
- Sec. 1211. War Reserve Stockpile authority for Israel.
- Sec. 1212. Modification and extension of United States-Israel anti-tunnel cooperation.
- Sec. 1213. Extension and modification of United States-Israel cooperation to counter unmanned systems in all warfighting domains.
- Sec. 1231. Repeal of war-related reporting requirements for concluded operations.
- Sec. 1232. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
- Sec. 1233. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
- Sec. 1234. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
- Sec. 1235. Counter-terrorism support.
- Sec. 1236. Prohibition on funding to Badr Organization.
- Sec. 1241. Modification and extension of annual report on military and security developments involving the Russian Federation.
- Sec. 1242. Report on United States deterrence and defense posture in the European region.
- Title XIII—Other matters relating to foreign nations
- Sec. 1301. Allied contributions to United States force posture on NATO’s eastern flank.
- Sec. 1302. Extension and modification of Ukraine Security Assistance Initiative.
- Sec. 1303. Extension of report relating to allied and partner support to Ukraine.
- Sec. 1304. Oversight of United States force posture in Europe.
- Sec. 1311. Extension and modification of Pacific Deterrence Initiative.
- Sec. 1312. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
- Sec. 1313. Taiwan Security Cooperation Initiative.
- Sec. 1314. Extension of deterrence pilot program.
- Sec. 1315. Strategy to strengthen multilateral deterrence in the Indo-Pacific.
- Sec. 1316. Sense of Congress on defense alliance and partnership with South Korea.
- Title XIV—Other Authorizations
- 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.
- Sec. 1411. 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. 1412. Amendment to National Defense Stockpile shortfall briefings.
- Sec. 1413. Beginning balances of the Defense Logistics Agency Working Capital Fund for audit purposes.
- Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home.
- Title XV—Cyberspace-Related Matters
- Sec. 1501. Accountability of the Authorization to Operate processes.
- Sec. 1502. Codification of the National Centers of Academic Excellence in Cybersecurity.
- Sec. 1503. Assessment of Cyber Operational Support to geographic combatant commands.
- Sec. 1504. Limitation on the divestment, consolidation, and curtailment of certain electronic warfare test and evaluation activities.
- Sec. 1505. Incentivization plan for critical skills for members of the Armed Forces to carry out Department of Defense cyber operations.
- Sec. 1506. Evaluation of Joint Task Force-Cyber for the Indo-Pacific Area of responsibility.
- Sec. 1511. Annual report on weapon systems data accessibility and security.
- Sec. 1512. Incorporation of artificial intelligence considerations into annual cybersecurity training.
- Sec. 1513. Update to cyber security requirements for telecommunications contracts.
- Sec. 1514. Federal contractor vulnerability disclosure policy.
- Sec. 1521. Biological data for artificial intelligence.
- Sec. 1522. Procurement of best-in-class cyber data products and services.
- Sec. 1531. Artificial intelligence and machine learning security in the Department of Defense.
- Sec. 1532. Pilot program for data-enabled fleet maintenance.
- Sec. 1533. Generative artificial intelligence for national defense.
- Sec. 1541. Modification to certification requirement regarding contracting for military recruiting.
- Sec. 1542. Occupational resiliency of the Cyber Mission Force.
- Sec. 1543. Assessment of cyber-phyiscal ranges as potential National Cyber Range complexes.
- Sec. 1544. Report on replacement of Time Division Multiplexing lines at armories of the Air National Guard and the Army National Guard.
- Title XVI—Space Activities, Strategic Programs, and Intelligence Matters
- Sec. 1601. Acquisition career path in the Space Force.
- Sec. 1602. Advance payments for commercial satellite communication services.
- Sec. 1603. Noise mitigation regarding space launches.
- Sec. 1604. Tactical surveillance, reconnaissance and tracking program.
- Sec. 1605. Reports on Spaceport of the Future initiative.
- Sec. 1606. Use of middle tier acquisition program for proliferated warfighter space architecture of Space Development Agency.
- Sec. 1611. Clandestine activities vendor database.
- Sec. 1612. Modification of authority of Army counterintelligence agents to execute warrants and make arrests.
- Sec. 1613. Modifications to and codification of the Department of Defense insider threat program.
- Sec. 1614. Facility clearance acceleration for members of defense industrial consortiums.
- Sec. 1615. Requirement to authorize additional security clearances for certain contractors.
- Sec. 1621. Establishment of Air Force Global Strike Command.
- Sec. 1622. Matters relating to the nuclear-armed, sea-launched cruise missile.
- Sec. 1623. Prohibition on reduction of intercontinental ballistic missiles of the United States.
- Sec. 1624. Strategy to sustain Minuteman III intercontinental ballistic missile and maximize end-of-life margin.
- Sec. 1625. Report on Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs.
- Sec. 1626. Improvements to certain Department of Defense indemnification procedures to enable procurement of commercial advanced nuclear technologies.
- Sec. 1627. Review of the occupational health and safety conditions of operational facilities associated with the LGM–30G Minuteman III intercontinental ballistic missile system.
- Sec. 1641. Modification to national missile defense policy to reflect Golden Dome for America policy.
- Sec. 1642. Golden Dome for America.
- Sec. 1643. Prohibition privatized or subscription-based missile defense intercept capabilities.
- Sec. 1651. Cooperative threat reduction funds.
- Title XVII—Other Defense Matters
- Sec. 1701. 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. 1702. Combating illicit tobacco products.
- Sec. 1721. Technical and conforming amendments.
- Sec. 1722. Transfer or possession of defense items for national defense purposes.
- Sec. 1723. Evaluation of risks posed by communications equipment and services produced by foreign adversary entities.
- Title XVIII—Streamlining Procurement for Effective Execution and Delivery
- Sec. 1801. Alignment of the defense acquisition system with the needs of members of the Armed Forces.
- Sec. 1802. Program executive officer responsibilities.
- Sec. 1803. Product support manager responsibilities and requirements.
- Sec. 1804. Amendments to life-cycle management and product support.
- Sec. 1805. Modifications relating to life-cycle and sustainment provisions.
- Sec. 1806. Major capability activity areas and pathfinder programs.
- Sec. 1811. Joint Requirements Council.
- Sec. 1812. Establishment of the Requirements, Acquisition, and Programming Integration Directorate.
- Sec. 1813. Establishment of the Mission Engineering and Integration Activity.
- Sec. 1821. Adjustments to certain acquisition thresholds.
- Sec. 1822. Clarification of conditions for payments for commercial products and commercial services.
- Sec. 1823. Alternative capability-based pricing.
- Sec. 1824. Matters related to cost accounting standards.
- Sec. 1825. Review of commercial buying practices.
- Sec. 1831. Amendment to other transaction authority.
- Sec. 1832. Data-as-a-service solutions for weapon system contracts.
- Sec. 1833. Requirements for modular open system approach and modifications to rights in technical data.
- Sec. 1834. Bridging Operational Objectives and Support for Transition program.
- Sec. 1835. Transition to advanced manufacturing for certain critical items.
- Sec. 1841. Amendments to the procurement technical assistance program.
- Sec. 1842. Defense Industrial Resilience Consortium.
- Sec. 1843. Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing.
- Sec. 1844. 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.
- Sec. 2309. Modification of authority to carry out fiscal year 2025 project at F.E. Warren Air Force Base, Wyoming.
- Title XXIV—Defense Agencies Military Construction
- Sec. 2401. Authorized defense agencies construction and land acquisition projects.
- Sec. 2402. Authorized energy resilience and conservation investment program projects.
- Sec. 2403. Authorization of appropriations, Defense Agencies.
- Sec. 2404. Extension of authority to carry out fiscal year 2019 project at Iwakuni, Japan.
- Sec. 2405. Extension of authority to carry out certain fiscal year 2022 projects.
- Sec. 2406. Extension of authority to carry out certain fiscal year 2023 projects.
- Sec. 2407. Modification of authority to carry out 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
- Sec. 2501. Authorized NATO construction and land acquisition projects; authorization of appropriations.
- 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.
- Sec. 2609. Authority to carry out fiscal year 2026 project at Army Reserve Center Conroe, Texas.
- 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
- Sec. 2801. Facility construction or repair: transactions other than contracts and grants.
- Sec. 2802. Supervision of military construction projects.
- Sec. 2803. Improvements to water management and security on military installations.
- Sec. 2804. Authority to use progressive design-build procedures for military construction projects.
- Sec. 2805. Pilot program on use of additive construction technologies at Army installations.
- Sec. 2806. Consideration of modular construction methods for military construction projects with protective design elements.
- Sec. 2807. Multiyear contracting authority for certain military construction projects.
- Sec. 2808. Guidance for military construction projects for innovation, research, development, test, and evaluation.
- Sec. 2811. Improvements to Department of Defense Housing Requirements and Market Analysis.
- Sec. 2812. Use of imitative substitute building materials for preservation of certain units of military housing under jurisdiction of the Department of Defense.
- Sec. 2813. Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing.
- Sec. 2814. Inclusion of additional landlord financial information in certain annual report on privatized military housing.
- Sec. 2815. Continuation of certain reporting requirements with respect to privatized military housing.
- Sec. 2816. Pilot program for emerging mold remediation technologies.
- Sec. 2817. Standardization of mold remediation guidelines across military departments.
- Sec. 2818. Inspections by qualified home inspector of privatized military housing.
- Sec. 2819. Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, military unaccompanied housing.
- Sec. 2821. Modification to assistance for public infrastructure projects and services.
- Sec. 2822. Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization for military departments.
- Sec. 2823. Extension of authority to carry out Department of Defense pilot program for use of cost savings realized.
- Sec. 2824. Department of Defense intergovernmental support agreements for ordnance disposal.
- Sec. 2825. Authorities available for Energy Resilience and Conservation Investment program projects on privatized utility systems.
- Sec. 2826. Repeal of construction requirements related to antiterrorism and force protection or urban-training operations.
- Sec. 2827. 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. 2828. Department of Defense procedures with respect to planning coordination for grid resiliency on military installations.
- Sec. 2829. Master plans for Service Academies.
- Sec. 2830. Review of Unified Facilities Criteria applicable to military construction projects; report.
- Sec. 2831. Annual report on cost premium for construction of certain facilities.
- Sec. 2832. Historical marker commemorating effects of radiation exposure at Holloman Air Force Base and White Sands Missile Range.
- Sec. 2833. Name of Department of the Army military installation, Augusta, Georgia.
- Sec. 2834. Name of the Department of the Army military installation located in Muscogee County and Chattahoochee County, Georgia.
- Sec. 2841. Extension of sunset for land conveyance, Sharpe Army Depot, Lathrop, California.
- Sec. 2842. Land conveyance, Former Curtis Bay Depot, Maryland.
- Sec. 2851. Deadline for congressional notification of decisions to carry out certain unspecified minor military construction projects.
- Sec. 2852. Modification to unspecified minor military construction authority for laboratory revitalization projects.
- Sec. 2853. Modification of authority for Indo-Pacific posture unspecified minor military construction projects.
- Sec. 2854. Amendments to defense laboratory modernization program.
- Sec. 2855. Transfer of defense laboratory modernization program authority to provision of law with respect to military construction projects for research, test, development, and evaluation.
- Sec. 2856. Authority of a Secretary concerned to carry out certain unspecified minor military construction projects.
- Sec. 2861. Modification to definition of military installation resilience.
- Sec. 2862. Requirements relating to funds for construction and improvement of commissary store facilities.
- Sec. 2863. Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps forces in Asia Pacific region.
- Sec. 2864. Cooperative agreements with respect to management of land and cultural resources located on military installations.
- Sec. 2865. Limitation on the use of funds for implementing certain energy efficiency building codes.
- Sec. 2866. Limitation on use of funds for contravention or reversal of implementation of recommendations of commission on the naming of certain items of the Department of Defense.
- Sec. 2867. Limitation on use of funds to reduce capabilities or staffing of Department of Defense military treatment facilities located inside the United States.
- Sec. 2868. Notice relating to contracts or other agreements to establish an enduring location in a foreign country.
- Sec. 2869. Designation of official responsible for coordination of defense sites within area of responsibility of Joint Region Marianas.
- Division C—Department of Energy National Security Authorizations and Other Authorizations
- Title XXXI—Department of Energy National Security Programs
- Sec. 3101. National Nuclear Security Administration.
- Sec. 3102. Defense environmental cleanup.
- Sec. 3103. Other defense activities.
- Sec. 3104. Nuclear energy.
- Sec. 3111. Plutonium pit production capacity.
- Sec. 3112. Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration.
- 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. Limitation relating to reclassification of high-level waste.
- Sec. 3124. Notification requirement with respect to nuclear power in Guam.
- 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.
- Sec. 3511. Clarification regarding use of port infrastructure development program funds to replace Chinese port crane hardware or software.
- Sec. 3512. Clarification of certain authorities relating to deepwater ports.
- Sec. 3513. Eligibility of shore power projects under port infrastructure development program.
- Sec. 3521. Report on use of commercial contracting agent for crewing and operation of military sealift command vessels.
- Sec. 3531. United States Merchant Marine Academy campus modernization plan.
- Sec. 3532. Cargoes procured, furnished, or financed by United States Government.
- Sec. 3533. Treatment of the University of Louisiana Maritime Academy as a State maritime academy.
- Sec. 3534. Design and construction of missile instrumentation range safety vessels.
- Division D—Funding Tables
- Sec. 4001. Authorization of amounts in funding tables.
- Title XLI—Procurement
- Sec. 4101. Procurement.
- Title XLII—Research, Development, Test, and Evaluation
- Sec. 4201. Research, development, test, and evaluation.
- Title XLIII—Operation and Maintenance
- Sec. 4301. Operation and maintenance.
- Title XLIV—Military Personnel
- Sec. 4401. Military personnel.
- Title XLV—Other Authorizations
- Sec. 4501. Other authorizations.
- Title XLVI—Military Construction
- Sec. 4601. Military construction.
- Title XLVII—Department of Energy National Security Programs
- Sec. 4701. Department of Energy national security programs.
Sec. 3. Congressional defense committees.
In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Division A—Department of Defense Authorizations
Title I—Procurement
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Funds are hereby authorized to be appropriated for fiscal year 2026 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for UH–60 Blackhawk aircraft.
- (a) Authority for multiyear procurement
- Subject to section 3501 of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of UH–60 Blackhawk aircraft.
- (b) Condition for out-year contract payments
- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2027 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
- (c) Authority for advance procurement
- The Secretary of the Army may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such aircraft when cost savings are achievable.
Sec. 112. Authorization to initiate early production of future long-range assault aircraft.
- (a) Authorization
- The Secretary of the Army may enter into contracts, in advance of full-rate production, for the procurement of future long-range assault aircraft as part of an accelerated low-rate early production effort.
- (b) Objectives
- In carrying out the early production effort described in subsection (a), the Secretary of the Army shall pursue the following objectives:
- To expedite delivery of future long-range assault aircraft operational capability to the warfighter.
- To maintain momentum and learning continuity between test article completion and full production ramp-up.
- To stabilize and retain the specialized workforce and industrial base supporting future long-range assault aircraft, including critical suppliers and production facilities in Texas, Kansas, and other States.
- To mitigate cost escalation risks and improve program affordability across the life cycle.
- In carrying out the early production effort described in subsection (a), the Secretary of the Army shall pursue the following objectives:
- (c) Considerations
- In executing the authority provided by subsection (a), the Secretary shall—
- prioritize program continuity, cost-efficiency, and workforce retention across the supply chain for tiltrotor aircraft;
- ensure that aircraft procured as part of the early production effort described in subsection (a) incorporate lessons learned from test article evaluations; and
- maintain flexibility in design to accommodate future upgrades through the modular open systems architecture and digital backbone.
- In executing the authority provided by subsection (a), the Secretary shall—
- (d) Briefing to Congress
- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing detailing—
- the implementation plan and timeline for the procurement and early production effort described in subsection (a);
- the status of industrial base readiness and supply chain coordination; and
- estimated long-term cost savings and operational benefits derived from such early production effort.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing detailing—
Sec. 113. Limitation on reductions to Army Prepositioned Stocks—Afloat program sealift capability.
- (a) Limitation
- The Secretary of the Army may not reduce, withdraw, or otherwise degrade the sealift capability of the Army Prepositioned Stocks—Afloat program (referred to in this section as ) until the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
APS–3- a comprehensive plan for the Army Prepositioned Stocks program through fiscal year 2030, addressing modernization, sustainment, and capacity objectives for all subprograms and capabilities, including APS–3;
- estimated costs, schedule projections, and risk assessments for executing the plan under paragraph (1);
- a detailed description of any alternative solution or capability that the Army envisions would succeed or supplement APS–3, including operational employment concepts, an acquisition strategy, and a strategy for integration with joint and coalition logistics forces;
- an assessment of the risks, costs, and benefits associated with a potential deactivation or reduction in APS–3 capabilities; and
- any legislative or regulatory authorities required to implement—
- the plan under paragraph (1); and
- any alternative solution or capability identified under paragraph (3).
- The Secretary of the Army may not reduce, withdraw, or otherwise degrade the sealift capability of the Army Prepositioned Stocks—Afloat program (referred to in this section as ) until the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
- (b) Definition
- In this section, the term means the vessels, associated equipment, and any port-of-embarkation and port-of-debarkation infrastructure dedicated to APS–3.
sealift capability
- In this section, the term means the vessels, associated equipment, and any port-of-embarkation and port-of-debarkation infrastructure dedicated to APS–3.
Subtitle C—Navy Programs
Sec. 121. Contract authority for Ford class aircraft carrier program.
- (a) Contract authority
- The Secretary of the Navy may enter into one or more contracts for the procurement of not more than two Ford class aircraft carriers.
- (b) Authority for advance procurement and economic order quantity
- The Secretary of the Navy may enter into one or more contracts for advance procurement, advance construction, and material and equipment in economic order quantities associated with the procurement of the Ford class aircraft carriers for which contracts are authorized under subsection (a).
- (c) Use of incremental funding
- With respect to a contract entered into under subsection (a) or (b), the Secretary of the Navy may use incremental funding to make payments under the contract.
- (d) Liability
- Any contract entered into under subsection (a) or (b) shall provide that—
- any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
- the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
- Any contract entered into under subsection (a) or (b) shall provide that—
Sec. 122. Contract authority for Columbia class submarine program.
- (a) Contract authority
- The Secretary of the Navy may enter into a contract, beginning with fiscal year 2026, for the procurement of up to five Columbia class submarines.
- (b) Incremental funding
- With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
- (c) Funding and liability
- Any contract entered into under subsection (a) shall provide that—
- any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
- the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
- Any contract entered into under subsection (a) shall provide that—
Sec. 123. Authority for advance procurement of certain components to support continuous production of Virginia class submarines.
- (a) In general
- The Secretary of the Navy may enter into one or more contracts, prior to ship authorization, for the advance procurement of covered components for Virginia class submarines, including procurement of such components in economic order quantities when cost savings are achievable.
- (b) Funding and liability
- Any contract entered into under subsection (a) shall provide that—
- any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
- the total liability to the Federal Government for termination of the contract shall be limited to the total amount of funding obligated for the contract at the time of termination.
- Any contract entered into under subsection (a) shall provide that—
- (c) Budget requests
- In the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2027 and each fiscal year thereafter, the Secretary of the Navy shall include a separate budget display identifying the amounts requested pursuant to this section set forth by the specific program, project, or activity under the Virginia class submarine program for which such funds are requested.
- (d) Covered components defined
- In this section, the term means the following components for Virginia class submarines:
covered components- Propulsion plant equipment.
- Diesel Systems and associated components.
- Castings, forgings, and tank structures.
- Air flasks.
- Payload tubes.
- Major Valves And Associated Components.
- Hatches.
- Steering and drive components.
- Major Pumps And Motors.
- Snorkel mast and components.
- Torpedo tubes.
- Atmosphere control equipment.
- In this section, the term means the following components for Virginia class submarines:
Sec. 124. Authority to use incremental funding to enter into a contract for the construction of a Guided Missile Destroyer (DDG).
- (a) In general
- Amounts authorized to be appropriated by this Act or otherwise made available for the Navy for Shipbuilding and Conversion for fiscal year 2026 may be used by the Secretary of the Navy to enter into an incrementally funded contract for the construction of one Guided Missile Destroyer (DDG).
- (b) Availability of funds
- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for the termination of the contract shall be limited to the total amount of funding obligated at time of termination.
Sec. 125. Multiyear procurement authority for Yard, Repair, Berthing, and Messing Barges.
- (a) Authority for multiyear procurement
- Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2026 program year, for the procurement of Yard, Repair, Berthing, and Messing Barges and associated material.
- (b) Authority for advance procurement
- The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the barges for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such barges when cost savings are achievable.
- (b) Availability of funds and termination liability
- Any contract entered into under subsection (a) shall provide that—
- any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
- the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.
- Any contract entered into under subsection (a) shall provide that—
Sec. 126. Vessel construction manager for follow-on ships of the Landing Ship Medium program.
- (a) In general
- After the construction of the lead ship of the Landing Ship Medium program has commenced, the Secretary of the Navy shall seek to enter into an agreement with an appropriate vessel construction manager pursuant to which the vessel construction manager shall seek to enter into one or more contracts for the construction of not more than 8 additional landing ships under the program.
- (b) Requirements for additional ships
- The additional landing ships authorized to be constructed under subsection (a), shall be nondevelopmental items constructed using a design that is—
- the same as the design of the lead ship; or
- derived from such design.
- The additional landing ships authorized to be constructed under subsection (a), shall be nondevelopmental items constructed using a design that is—
- (c) Lead ship defined
- In this section, the term means the first landing ship procured as a commercial or nondevelopmental item as authorized under section 128(b) of the National Defense Authorization Act for Fiscal Year 2025 ().
lead shipPublic Law 118–159
- In this section, the term means the first landing ship procured as a commercial or nondevelopmental item as authorized under section 128(b) of the National Defense Authorization Act for Fiscal Year 2025 ().
Sec. 127. Limitation on construction of Modular Attack Surface Craft.
The Secretary of the Navy may not enter into a contract or other agreement that includes a scope of work, including priced or unpriced options, for the construction, advance procurement, or long-lead material of the lead ship of the Modular Attack Surface Craft program until the Secretary certifies to the congressional defense committees that such ship will be designed and constructed for the primary purpose of operating autonomously.
Sec. 128. Inclusion of amphibious warfare ship spares and repair parts as a separate line item in Navy budget justification materials.
- (a) In general
- In the budget justification materials submitted to Congress in support of the Department of the Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of the Navy shall include one or more dedicated line items for spare parts and repair parts for amphibious warfare ships in the budget display for other procurement, Navy.
- (b) Amphibious warfare ship defined
- In this section, the term has the meaning given that term in section 8062(h) of title 10, United States Code.
amphibious warfare ship
- In this section, the term has the meaning given that term in section 8062(h) of title 10, United States Code.
Sec. 129. Strategy for Navy investment in and support for the maritime industrial base.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement a strategy for investing in and supporting the maritime industrial base to address cost and schedule challenges for surface and submarine shipbuilding programs.
- (b) Elements
- The strategy under subsection (a) shall—
- focus on ensuring reliable supplies of sequence critical components for submarine and surface shipbuilding programs; and
- include measures—
- to identify key performance indicators to measure return on investment;
- to centralize data collection to support further analysis of maritime industrial base performance; and
- to apply artificial intelligence to monitor and predict potential supply chain challenges, including potential disruptions, material shortages, delivery delays, and other such factors.
- The strategy under subsection (a) shall—
- (c) Report
- Following completion of the strategy required under subsection (a), but not later than 210 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the strategy. The report shall include—
- a summary of the strategy;
- timelines for implementation of the strategy; and
- an explanation of how the strategy is expected to address cost and schedule challenges for surface and submarine shipbuilding programs.
- Following completion of the strategy required under subsection (a), but not later than 210 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the strategy. The report shall include—
Sec. 130. Modification to requirements for recapitalization of tactical fighter aircraft of the Navy Reserve.
Section 127 of the National Defense Authorization Act for Fiscal Year 2025 () is amended by striking subsection (c) and inserting the following: Public Law 118–159
- (c) Covered F–18 aircraft defined
- In this section, the term means—
covered F–18 aircraft- the eight F/A–18E/F Super Hornet aircraft procured using funds authorized and appropriated for the Navy during fiscal year 2023; or
- in lieu of an aircraft described in paragraph (1), any Block II or newer F/A–18E/F tactical fighter aircraft that—
- has a minimum of 2,000 flight hours of service-life remaining airframe flight time prior to the need for a required high flight-hour inspection and Service Life Modification process; and
- is included in the Naval Aviation Master Aviation Plan and designated for the Navy Reserve.
- In this section, the term means—
- (d) Master aviation plan
- In conjunction with the activities required under this section, the Secretary of the Navy shall ensure that the Naval Aviation Master Aviation Plan remains up-to-date and relevant with respect to aviation units of the Navy Reserve.
Subtitle D—Air Force Programs
Sec. 141. Modification of minimum inventory requirements for air refueling tanker aircraft.
- (a) Minimum inventory requirement
- Section 9062(j) of title 10, United States Code, is amended—
- in paragraph (1), by striking and inserting
- a total aircraft inventory of air refueling tanker aircraft—
- of not less than 466 aircraft during the period ending on September 30, 2026;
- of not less than 485 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; and
- of not less than 504 aircraft beginning on October 1, 2027.
- a total aircraft inventory of air refueling tanker aircraft—
- in paragraph (2), by striking
below 466and insertingbelow the applicable level specified in paragraph (1).
- in paragraph (1), by striking and inserting
- Section 9062(j) of title 10, United States Code, is amended—
- (b) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components
- (1) In general
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
- (2) Primary mission aircraft inventory defined
- In this subsection, the term has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
primary mission aircraft inventory
- In this subsection, the term has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
- (1) In general
Sec. 142. Extension of requirements relating to C–130 aircraft.
- (a) Extension of minimum inventory requirement
- Section 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2455), as amended by section 145(a) of the National Defense Authorization Act for Fiscal Year 2025 (), is amended by striking and inserting . Public Law 117–263; Public Law 118–159
- (b) Extension of prohibition on reduction of C-130 aircraft assigned to National Guard
- Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2455), as amended by section 145(b) of the National Defense Authorization Act for Fiscal Year 2025 (), is amended by striking and inserting . Public Law 117–263; Public Law 118–159
Sec. 143. Modification to minimum inventory requirement for A–10 aircraft.
- (a) In general
- Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (; 130 Stat. 2038) is amended by striking
96 A–10 aircraft designated as primary mission aircraft inventory until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2)and inserting96 A–10 aircraft designated as primary mission aircraft inventory until October 1, 2026. Public Law 114–328
- Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (; 130 Stat. 2038) is amended by striking
- (b) Prohibition on retirement
- (1) In general
- During the period beginning on October 1, 2025 and ending on September 30, 2026, the Secretary of the Air Force may not—
- retire an A–10 aircraft;
- reduce funding for unit personnel or weapon system sustainment activities for A–10 aircraft in a manner that presumes future congressional authority to divest such aircraft;
- keep an A–10 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as status); or
XJ - decrease the total aircraft inventory of A–10 aircraft below 162 aircraft.
- During the period beginning on October 1, 2025 and ending on September 30, 2026, the Secretary of the Air Force may not—
- (2) Exception
- The prohibition under paragraph (1) shall not apply to individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.
- (1) In general
- (c) Briefing required
- Not later than March 31, 2026, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of A–10 aircraft inventory and the proposed plan for divesting all A–10 aircraft prior to fiscal year 2029. The briefing shall cover, at a minimum, the following:
- The number of A–10 Total Aircraft Inventory aircraft disaggregated by Combat Coded Aircraft, Primary Mission Aircraft Inventory, Backup Aircraft Assigned, Attrition Reserve, tail number, and location.
- The planned divestment date of each such aircraft.
- The detailed plan for how and when the Secretary proposes to proceed with divestment of aircraft for each A–10 unit prior to fiscal year 2029.
- The aircraft transition plan for replacing A–10 aircraft with new or existing replacement aircraft in each unit that is divesting of the A–10 aircraft, which shall include an explanation of—
- how the Secretary plans to minimize adverse personnel impacts within such units, including adverse impacts with respect to retention, currency, proficiency, qualifications, certifications, and training; and
- how the Secretary plans to minimize or eliminate any scheduling gap that may occur with respect to a unit divesting from the A–10 aircraft and transitioning to a new or existing replacement aircraft.
- The information and content format that was provided in the briefing to the Committees on Armed Services of the Senate and the House of Representatives by the Headquarters Air Force, Deputy Chief of Staff for Plans and Programs (HAF/A8), on February 13, 2023, titled .
A–10 Divestment Placemats - Any other information the Secretary determines releveant.
- Not later than March 31, 2026, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of A–10 aircraft inventory and the proposed plan for divesting all A–10 aircraft prior to fiscal year 2029. The briefing shall cover, at a minimum, the following:
Sec. 144. Preservation of certain retired KC–10 aircraft.
- (a) In general
- Subject to subsections (b) and (c), the Secretary of the Air Force shall preserve each KC–10 aircraft that is retired by the Secretary during a period in which the total inventory of air refueling aircraft of the Air Force is less than 504.
- (b) Manner of preservation
- The retired KC–10 aircraft preserved under subsection (a) shall be preserved such that each aircraft—
- is stored in flyable condition;
- can be returned to service as an air refueling aircraft (which shall include retaining the air refueling boom on the aircraft); and
- is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.
- The retired KC–10 aircraft preserved under subsection (a) shall be preserved such that each aircraft—
- (c) Authority to dispose of preserved aircraft
- A KC–10 aircraft preserved under subsection (a) may be disposed of in accordance with of title 40, United States Code. chapter 5
Sec. 145. Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
- to terminate the mid-tier acquisition rapid prototype contract for the E–7A aircraft; or
- to terminate the operations of, or to prepare to terminate the operations of, a production line for the E–7A aircraft.
Sec. 146. Limitation on procurement of KC–46 aircraft pending certification on correction of deficiencies.
- (a) Limitation
- The Secretary of Defense may not accept or take delivery of covered KC–46 aircraft in excess of the maximum quantity specified in subsection (c) until the Secretary—
- certifies to the congressional defense committees that the Secretary has developed and is implementing a plan of corrective actions and milestones to resolve all Category 1 deficiencies identified with respect to KC–46 aircraft; and
- submits such plan to such committees, which shall include—
- an estimate of the total amount of funds required to complete implementation of the plan;
- realistic event-driven schedules to achieve the objectives of the plan; and
- a schedule risk assessment to a minimum of 80 percent confidence level.
- The Secretary of Defense may not accept or take delivery of covered KC–46 aircraft in excess of the maximum quantity specified in subsection (c) until the Secretary—
- (b) Form
- The plan described in subsection (a)(2) shall be submitted in unclassified form, but may contain a classified annex.
- (c) Maximum Quantity
- The maximum quantity of covered KC–46 aircraft specified in this subsection is 183 aircraft.
- (d) Covered KC–46 Aircraft Defined
- In this section, the term means new production KC–46 aircraft the procurement of which is fully funded by the United States.
covered KC–46 aircraft
- In this section, the term means new production KC–46 aircraft the procurement of which is fully funded by the United States.
Sec. 147. Requirements relating to executive airlift aircraft.
- (a) Analysis of alternatives
- (1) In general
- The Secretary of the Air Force shall conduct an analysis of alternatives to identify potential solutions for the recapitalization of the executive airlift aircraft fleet of the Air Force. In conducting such analysis, the Secretary shall seek to identify aircraft solutions that have capabilities comparable to the capabilities of commercial passenger aircraft in terms of range.
- (2) Timeline
- The Secretary of the Air Force shall—
- initiate the analysis of alternatives required under paragraph (1) not later than 30 days after the date of the enactment of this Act; and
- complete such analysis not later than April 1, 2026.
- The Secretary of the Air Force shall—
- (3) Report
- Not later than 60 days after completing the analysis of alternatives required under paragraph (1), the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the analysis.
- (1) In general
- (b) Prioritization standards
- Not later than December 1, 2025, the Secretary of the Air Force shall establish standards for prioritizing access to executive airlift aircraft among authorized users of such aircraft within the Federal Government.
- (c) Personnel
- (1) In general
- Not later than January 1, 2026, the Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5, United States Code) in the Senior Executive Service at the Department of Defense to coordinate—
- the efficient tasking of executive airlift aircraft; and
- compliance with rules, regulations, policies and guidance relating to such aircraft, including the prioritization standards developed under subsection (b).
- Not later than January 1, 2026, the Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5, United States Code) in the Senior Executive Service at the Department of Defense to coordinate—
- (2) Qualifications
- The career appointee assigned under paragraph (1) shall, as determined by the Secretary, have knowledge and experience relating to executive airlift aircraft, including familiarity with the executive airlift fleets of the Armed Forces and knowledge of policies and procedures for the prioritization of executive airlift users.
- (1) In general
Sec. 148. Report on the F–47 advanced fighter aircraft program.
- (a) In general
- Not later than March 1, 2027, the Secretary of the Air Force shall submit to the congressional defense committees a report on the F–47 advanced fighter aircraft program.
- (b) Elements
- The report required under subsection (a) shall include following:
- A description of the F–47 aircraft program, including system requirements, employment concepts, and projected costs, schedule, and funding requirements over the period covered by the program objective memorandum process for fiscal years 2028 through 2034.
- The acquisition strategy for the F–47 program of record, including consideration of implementing a middle tier acquisition pathway or major capability acquisition pathway (as such terms are defined in Department of Defense Instruction 5000.85, titled and issued on August 6, 2020 (or a successor instruction)).
Major Capability Acquisition - A proposed fielding strategy for the F–47 aircraft, including—
- estimated force structure requirements;
- strategic basing considerations;
- an estimate of military construction requirements;
- an estimate of personnel training requirements; and
- an integrated total force fielding concept, including an analysis of Air National Guard and Air Force Reserve operational integration and associations.
- The report required under subsection (a) shall include following:
- (c) Form
- The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging.
Section 164(a) of the National Defense Authorization Act for Fiscal Year 2025 () is amended to read as follows: Public Law 118–159
- (a) Prohibitions
- The Secretary of Defense may not—
- operate, enter into or renew a contract for, the procurement of—
- a covered light detection and ranging technology (referred to in this section as ) that—
LiDAR technology- (i) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
- (ii) uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
- (iii) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
- a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in subparagraph (A); or
- a covered light detection and ranging technology (referred to in this section as ) that—
- enter into or renew a contract with an entity that operates a covered LiDAR technology to perform a Department of Defense contract.
- operate, enter into or renew a contract for, the procurement of—
- The Secretary of Defense may not—
Sec. 152. Annual GAO reviews of the F–35 aircraft program.
- (a) Annual reviews and reports
- Not later than March 1, 2026, and on an annual basis thereafter until the termination date specified in subsection (c), the Comptroller General of the United States shall—
- complete a review of the F–35 aircraft program; and
- submit to the congressional defense committees a report on the results of the review.
- Not later than March 1, 2026, and on an annual basis thereafter until the termination date specified in subsection (c), the Comptroller General of the United States shall—
- (b) Elements
- Each review and report under subsection (a) shall include an assessment of—
- the cost, scope, and schedule of the F–35 aircraft program and its subprograms;
- the status of the efforts of the Department of Defense to modernize the F–35 aircraft; and
- such other matters relating to the F–35 aircraft program as the Comptroller General determines appropriate.
- Each review and report under subsection (a) shall include an assessment of—
- (c) Termination date
- The requirements of this section shall terminate on the date on which all development, production, and fielding activities under the F–35 aircraft acquisition program have ceased.
Title II—Research, Development, Test, and Evaluation
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification to authority to award prizes for advanced technology achievements.
- (a) Secretarial authority
- Subsection (a) of section 4025 of title 10, United States Code, is amended by striking .
- (b) Maximum amount of award prizes
- Subsection (c) of such section is amended to read as follows:
- (c) Limitation
- No prize competition may result in the award of a prize with a fair market value of more than $20,000,000 without the approval of the Secretary of Defense.
- (c) Limitation
- Subsection (c) of such section is amended to read as follows:
- (c) Congressional notification threshold
- Subsection (g)(1) of such section is amended by striking
striking0,000,000and insertingthe amount specified in subsection (c).
- Subsection (g)(1) of such section is amended by striking
Sec. 212. Modification to mechanisms to provide funds to defense laboratories and other entities for research and development of technologies for military missions.
Section 4123 of title 10, United States Code, is amended—
- in the section heading, by inserting after ;
- by inserting after each place it appears; and
- in subsection (a)(3), by inserting after .
Sec. 213. Modification to authority for acquisition, construction, or furnishing of test facilities and equipment.
- (a) Jointly funded projects
- Section 4174 of title 10, United States Code, is amended—
- in subsection (a), by striking
A contract of a military departmentand insertingA covered contract; and- (d)
- In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.
- Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following:
- Cost sharing arrangements, including the proportion of total project costs to be borne by each entity.
- Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands.
- Management and oversight responsibilities, including the designation of a lead agency.
- Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions.
- Dispute resolution mechanisms.
- A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations.
- The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects.
- In this section, the term means—
covered contract- a contract of a military department; or
- a contract for a jointly funded project as described subsection (c).
- (d)
- by adding at the end the following new subsections:
- in subsection (a), by striking
- Section 4174 of title 10, United States Code, is amended—
- (b) Regulations required
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue or revise regulations (as necessary) to clarify that the authority for acquisition, construction, or furnishing of test facilities and equipment under section 4174 of title 10, United States Code, applies to contracts funded using funds appropriated or otherwise made available for—
- research, development, test, and evaluation, including science and technology funds designated as budget activity 1 (basic research), budget activity 2 (applied research), and budget activity 3 (advanced technology development) (as those budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14–R)); and
- operation and maintenance, to the extent that such funds are used to support activities authorized under such section.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue or revise regulations (as necessary) to clarify that the authority for acquisition, construction, or furnishing of test facilities and equipment under section 4174 of title 10, United States Code, applies to contracts funded using funds appropriated or otherwise made available for—
Sec. 214. Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions.
Section 238(a) of the National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 1842) is amended by inserting after . Public Law 118–159
Sec. 215. Modification to policies for management and certification of Link 16 military tactical data link network.
Section 228(b) of the National Defense Authorization Act for Fiscal Year 2024 (; note) is amended— Public Law 118–31; 10 U.S.C. 4571
- in paragraph (1)(A), by striking
the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complexand insertingmilitary special use airspace including all prohibited areas, restricted areas, warning areas, and military operational areas; - in paragraph (2), in the matter before subparagraph (A), by striking
training, and large-scale exercises.and insertingregular training, and large-scale exercises. Under such processes, approval of Link 16 operations shall be presumed and denial of Link 16 operations shall be accompanied with substantiated evidence demonstrating compromise of safety due to electromagnetic interference.; and - in paragraph (5), by inserting before .
Sec. 216. Support for research and development of bioindustrial manufacturing processes.
Section 215 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note) is amended— Public Law 117–263; 10 U.S.C. 4841
- by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
- (d) Applicability of funding
- The activities described in subsection (c), including the design and construction of facilities, are applicable to funds authorized to be appropriated for the Department of Defense for research, development, test, and evaluation.
- (d) Applicability of funding
- by inserting after subsection (c) the following new subsection:
Sec. 217. Extension of authority for assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise.
- (a) Extension
- Subsection (e) of section 232 of the Carl Levin and Howard P. McKeon National Defense Authorization Act for Fiscal Year 2015 (; 10 U.S.C. note prec. 4091) is amended by striking
Buckand insertingSeptember 30, 2025. Public Law 113–291
- Subsection (e) of section 232 of the Carl Levin and Howard P. McKeon National Defense Authorization Act for Fiscal Year 2015 (; 10 U.S.C. note prec. 4091) is amended by striking
- (b) Technical amendment
- Subsection (f)(2) of such section is amended by striking
section 2302and insertingsection 3014.
- Subsection (f)(2) of such section is amended by striking
Sec. 218. Post-employment restrictions for participants in certain defense research.
- (a) Principal investigators in covered defense research projects
- Except as provided under subsection (c), as a condition of becoming or remaining a principal investigator of a covered defense research project, a person shall agree that during the 3-year period beginning on the last day the person is a principal investigator of such research, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits.
- (b) Employees of Department of Defense laboratories
- Except as provided under subsection (c), as a condition of becoming or remaining an employee at a laboratory of the Department of Defense, a person shall agree that during the 3-year period beginning on the last day the person is an employee at such laboratory, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits.
- (c) Waiver authority
- The Secretary of Defense may waive the restrictions under subsections (a) and (b) with respect to a United States person if, not later than 30 days before issuing the waiver, the Secretary submits to the congressional defense committees a notice of the waiver that includes—
- an unclassified justification for the waiver; and
- a description of any Department of Defense funds provided to the person for which the waiver is issued or to the research in which the person participated.
- The Secretary of Defense may waive the restrictions under subsections (a) and (b) with respect to a United States person if, not later than 30 days before issuing the waiver, the Secretary submits to the congressional defense committees a notice of the waiver that includes—
- (d) Certification
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process, under the initiative established in section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; note), to ensure that, when a person who previously made an agreement in subsection (a) or (b) applies for funding to conduct a covered defense research project in the future— Public Law 115–232; 10 U.S.C. 4001
- the employer of such person can certify that the person complied with the requirements in subsections (a) and (b); and
- that a person whose employer cannot make the certification in paragraph (1) is ineligible to participate in the covered defense research project.
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process, under the initiative established in section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; note), to ensure that, when a person who previously made an agreement in subsection (a) or (b) applies for funding to conduct a covered defense research project in the future— Public Law 115–232; 10 U.S.C. 4001
- (e) Determination of critical and emerging technology
- Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall—
- determine which technologies are critical or emerging from among the technologies for which the Department funds research; and
- shall make the results of such determination publicly available.
- Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall—
- (f) Applicability
- This section shall apply with respect to research that begins on or after the date that is one year after the date of the enactment of this Act.
- (g) Definitions
- In this section:
- The term
foreign entity of concernhas the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act () and includes a foreign entity that is identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; note). 42 U.S.C. 19221(a); Public Law 115–232; 10 U.S.C. 4001 - The term
covered defense research projectmeans a research project that— - The term
critical or emerging technologymeans a technology that the Secretary determines to be critical or emerging in accordance with subsection (e). - The term
institution of higher educationhas the meaning given that term in section 102 of the Higher Education Act of 1965 (). 20 U.S.C. 1002
- The term
- In this section:
Sec. 219. National Security and Defense Artificial Intelligence Institute.
- (a) In general
- The Secretary of Defense may establish at least one National Security and Defense Artificial Intelligence
Institute(referred to in this section as an ) at an eligible host institution.
- The Secretary of Defense may establish at least one National Security and Defense Artificial Intelligence
- (b) Institute described
- A National Security and Defense Artificial Intelligence Institute referred to in subsection (a) is an artificial intelligence research institute that—
- is focused on a cross-cutting challenge or foundational science for artificial intelligence systems in the national security and defense sector;
- establishes partnerships among public and private organizations, including, as appropriate, Federal agencies, institutions of higher education, including community colleges, nonprofit research organizations, Federal laboratories, State, local, and Tribal governments, and industry, including the Defense Industrial Base and startup companies;
- has the potential to create an innovation ecosystem, or enhance existing ecosystems, to translate Institute research into applications and products used to enhance national security and defense capabilities;
- supports interdisciplinary research and development across multiple institutions of higher education and organizations; and
- supports workforce development in artificial intelligence related disciplines in the United States.
- A National Security and Defense Artificial Intelligence Institute referred to in subsection (a) is an artificial intelligence research institute that—
- (c) Financial assistance authorized
- (1) In general
- The Secretary of Defense may award financial assistance to an eligible host institution, or consortia thereof, to establish and support one or more Institutes.
- (2) Use of funds
- Financial assistance awarded under paragraph (1) may be used by an Institute for—
- managing and making available to researchers accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for the purposes of training and testing artificial intelligence systems and for research using artificial intelligence systems with regard to national security and defense;
- developing and managing testbeds for artificial intelligence systems, including sector-specific test beds, designed to enable users to evaluate artificial intelligence systems prior to deployment;
- conducting research and education activities involving artificial intelligence systems to solve challenges with national security implications;
- providing or brokering access to computing resources, networking, and data facilities for artificial intelligence research and development relevant to the Institute’s research goals;
- providing technical assistance to users, including software engineering support, for artificial intelligence research and development relevant to the Institute’s research goals;
- engaging in outreach and engagement to broaden participation in artificial intelligence research and the artificial intelligence workforce; and
- such other activities as may determined by the Secretary of Defense.
- Financial assistance awarded under paragraph (1) may be used by an Institute for—
- (3) Duration
- Financial assistance under paragraph (1) shall be awarded for a five-year period, and may be renewed for not more than one additional five-year period.
- (4) Application for financial assistance
- A eligible host institution or consortia thereof seeking financial assistance under paragraph (1) shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require.
- (5) Competitive, merit review
- In awarding financial assistance under paragraph (1), the Secretary of Defense shall use a competitive, merit-based review process.
- (6) Collaboration
- In awarding financial assistance under paragraph (1), the Secretary of Defense may collaborate other departments and agencies of the Federal Government with missions that relate to or have the potential to be affected by the national security implications of artificial intelligence systems.
- (7) Limitation
- No financial assistance authorized in this section shall be awarded to an entity outside of the United States. All recipients of financial assistance under this section, including subgrantees, shall be based in the United States and shall meet such other eligibility criteria as may be established by the Secretary of Defense.
- (1) In general
- (d) Definition
- In this section, the term means an institution of higher education in the United States that conducts research sponsored by the Department of Defense.
eligible host institution
- In this section, the term means an institution of higher education in the United States that conducts research sponsored by the Department of Defense.
Sec. 220. Responsible development and deployment of biotechnology within the Department of Defense.
- (a) Requirement
- (1) Policies and guidelines
- The Secretary of Defense shall issue policies and guidelines on the responsible development and deployment of biotechnology within the Department of Defense.
- (2) Executive agent
- The Secretary shall designate a senior civilian official within the Office of the Secretary of Defense to serve as the executive agent to develop the policies and guidelines under paragraph (1).
- (3) Coordination
- The Secretary shall ensure that the policies and guidelines under paragraph (1) are developed in consultation with—
- the Under Secretary of Defense for Research and Engineering;
- the Under Secretary of Defense for Policy; and
- individuals representing industry, academia, and civil society.
- The Secretary shall ensure that the policies and guidelines under paragraph (1) are developed in consultation with—
- (4) Public availability
- The Secretary shall make the policies and guidelines under paragraph (1) publicly available.
- (1) Policies and guidelines
- (b) Matters included
- The policies and guidelines under subsection (a)(1) shall include the following:
- Definitions related to the responsible development and use of biotechnology.
- An assessment of whether, and to what extent, existing statutes, regulations, directives, manuals, or instructions limit the ability of the Department of Defense to provide guidelines for the responsible development of emerging biotechnology.
- Guidelines encouraging the safe use of biotechnology products under appropriate regulatory and other oversight processes.
- Policies relating to informed consent of members of the Armed Forces participating in the development of biotechnology products that have not received regulatory approval.
- Policies relating to whether, and under which conditions, irreversible or heritable treatments of potential biotechnology applications are acceptable.
- Policies relating to the potential effects of biotechnologies on the environment.
- Policies relating to the compliance by and obligations of the Department of Defense with respect to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction (commonly referred to as the ).
Biological Weapons Convention - Such other matters as the Secretary of Defense determines relevant.
- The policies and guidelines under subsection (a)(1) shall include the following:
- (c) Report
- (1) In general
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the policies and guidelines under subsection (a)(1), including the methodologies used to develop the policies and guidelines.
- (2) Form
- The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
- (3) Public availability
- The Secretary of Defense shall make report required under paragraph (1) publicly available, except such publicly available version of the report may not include any classified annex provided under paragraph (2).
- (1) In general
- (d) Briefing
- During the two-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees an annual briefing on the implementation of the policies and guidelines under subsection (a)(1), including a description of any needed resources for such implementation.
Sec. 221. Department of Defense biotechnology workforce training.
- (a) Requirement
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out a training program—
- for members of the covered Armed Forces, civilian employees of the Department of Defense, and contractors of such Department whose duties the Secretary determines include—
- creating or deploying novel biotechnologies;
- analyzing, preparing for, or responding to biological threats; or
- planning, research and development, engineering, or testing and evaluation of systems (including quality control and assurance, procurement and contracting, logistics, and cost estimating) regarding biotechnology; and
- on biotechnology and other relevant critical and emerging technologies.
- for members of the covered Armed Forces, civilian employees of the Department of Defense, and contractors of such Department whose duties the Secretary determines include—
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out a training program—
- (b) Consultation
- (1) In general
- The Secretary shall consult with leadership and workforce training managers in the Department to develop and implement such training program and identify the individuals described in subsection (a) based on—
- the needs and priorities of the Department; and
- the relevance of the training to the individuals’ positions.
- The Secretary shall consult with leadership and workforce training managers in the Department to develop and implement such training program and identify the individuals described in subsection (a) based on—
- (2) Material
- The material covered in the training programs shall be customized by Department leadership to align with specific needs and mission requirements.
- (3) Skills
- The Secretary shall define the essential skills for biotechnology personnel to better understand what Federal personnel should undergo training and how to customize training for groups.
- (1) In general
- (c) Requirements
- (1) In general
- The training program established under this section shall, at a minimum, include information on—
- the fundamental science underlying biotechnology, artificial intelligence and other relevant critical and emerging technologies;
- concepts relating to the technological features of biotechnology systems;
- applications of biotechnology in defense, health, agriculture, energy, environment, and other relevant areas;
- the ways in which artificial intelligence, quantum computing, and other technologies are leveraged to advance biotechnology;
- mechanisms by which the Federal Government supports, funds, purchases, and deploys biotechnology and its applications;
- ways in which the Federal Government can benefit from biotechnology;
- ethical, social, and legal aspects of biotechnology including ways of incorporating a wide range of stakeholder perspectives throughout research and innovation cycles;
- ways to mitigate the risks described in previous subparagraphs, including efforts to create and identify biotechnologies that are reliable, safe, and trustworthy; and
- future trends in biotechnology, including intersections with artificial intelligence, quantum computing, autonomous systems, robotics, advanced manufacturing, and other relevant technologies, as well as trends for economic and national security, and innovation.
- The training program established under this section shall, at a minimum, include information on—
- (2) Participation
- Any individual described under subsection (b)(1) shall complete training under this section annually.
- (3) Interactive
- The Secretary shall ensure interactive learning with scholars and experts from private, public and nonprofit sectors is included under the training programs. The Secretary shall provide access to courses through institutions of professional military education, such as the National Defense University.
- (4) Updates
- The training programs established under this section shall be updated each year to review and cover advances in biotechnology and its convergence with other critical and emerging technologies.
- (5) Continuing education
- The Secretary shall update the training programs established under this section to provide continuing technology education for individuals described in subsection (a) and include requirements for refresher training on the latest advances in biotechnology science, laboratory work, equipment and software.
- (1) In general
- (d) Performance measurements
- The Secretary shall establish mechanisms to measure participation in training programs required under this section, and to receive and consider feedback from program participants to improve training.
- (e) Report
- Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes a plan to establish and implement the training programs required under this section.
- (f) Sunset
- This section and the training programs required to be carried out by this section shall terminate on the date that is five years after such programs are established under subsection (a).
- (g) Definitions
- In this section:
- The term
artificial intelligencehas the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (division E of ). Public Law 116–283 - The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
covered Armed Force
- The term
- In this section:
Sec. 222. Biotechnology supply chain resiliency program.
- (a) Authorization
- (1) In general
- The Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of relevant Defense Agencies, may establish and implement a program (referred to in this section as the ) to develop, scale, and transition biotechnology research from the military service laboratories, including biotechnology-based chemicals, materials, fuels, and other products relevant to the mission of the Department of Defense that support the resilience, sustainability, and responsiveness of the defense supply chain.
Program
- The Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of relevant Defense Agencies, may establish and implement a program (referred to in this section as the ) to develop, scale, and transition biotechnology research from the military service laboratories, including biotechnology-based chemicals, materials, fuels, and other products relevant to the mission of the Department of Defense that support the resilience, sustainability, and responsiveness of the defense supply chain.
- (2) Activities
- Under the Program, the Secretary of Defense may carry out the following activities:
- Conduct an assessment of supply chain vulnerabilities in the Department of Defense.
- Direct the military service laboratories to establish mechanisms to collaboratively—
- (i) conduct applied research, including experimentation, advanced technological development, advanced component development, and rapid prototyping in bioindustrials, biomanufacturing, and related disciplines to support defense missions;
- (ii) develop, prototype, test, and transition biologically derived materials and products to reduce reliance on foreign supply chains and vulnerable supply chains;
- (iii) upgrade, expand, or construct physical and digital infrastructure, including laboratory facilities, of the Department and its partners to support bioindustrial research, development, testing, prototyping, and production;
- (iv) as needed, enter into contracts, cooperative agreements, grants, or other transactions with relevant Federal entities and non-Federal entities such as commercial entities, research institutions, and academic organizations to execute the activities under this paragraph; and
- (v) support education, training, and workforce development initiatives to build and sustain a skilled bioindustrial and biomanufacturing workforce.
- Collaborate across the military departments, Defense Agencies, and other Federal entities to ensure alignment with national bioindustrial and supply chain strategies.
- Promote the development and utilization of next-generation feedstocks and processes in ways that support local economic growth.
- Modernize infrastructure through investment in facilities that enable rapid prototyping and advanced materials testing.
- Establish performance metrics and benchmarks to measure progress toward operational integration and transition to programs of record.
- Under the Program, the Secretary of Defense may carry out the following activities:
- (3) Other considerations
- In the event the Secretary carries out the Program, the Secretary of Defense shall—
- prioritize technologies and capabilities that address critical defense supply chain vulnerabilities and enhance military readiness, including technologies and capabilities necessary to—
- (i) reduce logistics through field-enabled manufacturing of materials such as construction-grade bio-cement and deployable infrastructure components;
- (ii) enhance performance through development of novel materials including protective coatings and biologically derived composites; or
- (iii) improve cost efficiency of manufacturing and reduce dependency on foreign supply chains;
- consult with representatives of industry, academia, and other Federal agencies with relevant expertise, to accelerate development and transitions; and
- ensure the Program supports the development and fielding of emerging technologies such as biotechnologies that provide operational and strategic advantages to the Armed Forces, including through—
- (i) cross-service and public-private partnerships; and
- (ii) applied research, pilot-scale production, and technology transition efforts focused on biomanufacturing and materials innovation.
- prioritize technologies and capabilities that address critical defense supply chain vulnerabilities and enhance military readiness, including technologies and capabilities necessary to—
- In the event the Secretary carries out the Program, the Secretary of Defense shall—
- (1) In general
- (b) Plan and reports
- (1) Initial plan
- Not later than 90 days after electing to commence the Program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the allocation of appropriations to fund the Program.
- (2) Annual reports
- Not later than one year after commencing the Program, and annually thereafter until the Program terminates under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing all activities carried out under the program. Each report shall include, to the extent applicable, the following:
- A summary of key research, development, and prototyping efforts initiated or continued during the year covered by the report, including technical objectives, anticipated defense applications, and funding.
- A list of significant partnerships or agreements executed with industry, academic institutions, and other Federal agencies, including the purpose, national security nexus, and funding level of each such partnership or agreement.
- An assessment of infrastructure enhancements undertaken to support bioindustrial development and scale-up, including facility modernization and equipment acquisition.
- An evaluation of program performance against established milestones or metrics, including progress toward the transition of technologies to operational use or acquisition programs.
- An identification of major technical, logistical, or policy challenges encountered, and actions taken to mitigate such challenges.
- Any recommendations for additional authorities, funding mechanisms, or interagency coordination necessary to enhance the effectiveness of the Program.
- Not later than one year after commencing the Program, and annually thereafter until the Program terminates under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing all activities carried out under the program. Each report shall include, to the extent applicable, the following:
- (3) Form
- Each report under this subsection shall be submitted in unclassified form but may contain a classified annex.
- (1) Initial plan
- (c) Sunset
- (1) In general
- Except as provided in paragraph (2), the authority to carry out the Program shall terminate on the date that is 10 years after the date of the enactment of this Act.
- (2) Extension
- The Program may be continued after the termination date specified in paragraph (1) if, before such date, the President—
- determines that continuation of the Program is necessary to meet national economic or national security needs; and
- submits notice of such determination to the Committees on Armed Services of the Senate and the House of Representatives.
- The Program may be continued after the termination date specified in paragraph (1) if, before such date, the President—
- (1) In general
Sec. 223. Review and alignment of standards, guidance, and policies relating to digital engineering.
- (a) Review required
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in coordination with the officials specified in subsection (c), shall complete a comprehensive review of the standards, guidance, and policies relating to digital engineering within the covered Armed Forces under the jurisdiction of that Secretary.
- (2) Elements
- Each review under paragraph (1) shall include, with respect to the covered Armed Forces under the jurisdiction of the Secretary concerned, the following:
- A review of the reference architectures, standards, and best practices for the use of digital engineering tools (including digital twins and digital threads) as in effect at the time of the review, including standards for the use of such tools at all stages of program design, development, and testing.
- Identification of the current standards guiding the use of such digital engineering tools, at all stages of program design, development, and testing.
- Assessment of—
- (i) the extent to which the use of such standards and related governance structures is consistent across the covered Armed Forces under the jurisdiction of the Secretary concerned; and
- (ii) the level of interoperability of such standards across such Armed Forces.
- Identification of best practices for digital engineering within each such Armed Force.
- Recommendations for improvements to the use of digital engineering tools in each such Armed Force.
- Each review under paragraph (1) shall include, with respect to the covered Armed Forces under the jurisdiction of the Secretary concerned, the following:
- (1) In general
- (b) Development of standard reference architecture
- (1) In general
- Not later than 180 days after the date on which the Secretary of a military department completes the review required under subsection (a), the Secretary shall develop and implement a standard reference architecture to guide the use of, and best practices for, digital engineering for program design, development, and testing within each covered Armed Force under the jurisdiction of that Secretary. Each reference architecture shall include—
- a framework and clear requirements for developing and deploying digital engineering tools across program lifecycles; and
- defined standards for data management and modeling.
- Not later than 180 days after the date on which the Secretary of a military department completes the review required under subsection (a), the Secretary shall develop and implement a standard reference architecture to guide the use of, and best practices for, digital engineering for program design, development, and testing within each covered Armed Force under the jurisdiction of that Secretary. Each reference architecture shall include—
- (2) Periodic review
- Not less frequently than once every three years following implementation of the standard reference architecture required under paragraph (1), each Secretary of a military department shall—
- conduct periodic reviews of the reference architecture to ensure it effectively addresses advancements in technology and evolving operational needs; and
- if necessary, modify the reference architecture to address such advancements and needs.
- Not less frequently than once every three years following implementation of the standard reference architecture required under paragraph (1), each Secretary of a military department shall—
- (3) Approval and certification required
- Before a reference architecture may be implemented under this subsection, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
- review and approve the reference architecture; and
- submit certification of such approval to the head of the covered Armed Force involved.
- Before a reference architecture may be implemented under this subsection, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
- (4) Recommendations for further standardization
- Based on the reviews conducted under paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
- identify and develop recommendations regarding areas in which further standardization of reference architectures across the covered Armed Forces may be feasible; and
- submit such recommendations to the Secretaries of the military departments.
- Based on the reviews conducted under paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
- (1) In general
- (c) Officials specified
- The officials specified in this subsection are the following—
- The Under Secretary of Defense for Acquisition and Sustainment.
- The Under Secretary of Defense for Research and Engineering.
- The Director of Operational Test and Evaluation.
- The officials specified in this subsection are the following—
- (d) Definitions
- In this section:
- The term means the Army, Navy, Air Force, Marine Corps, and Space Force.
covered Armed Forces - The term means an authoritative source of information about a specific subject area that guides and constrains the instantiations of multiple architectures and solutions, as described in the guidance of the Office of the Assistant Secretary of Defense titled , dated June 2010, or any successor to such guidance.
reference architectureReference Architecture Description
- The term means the Army, Navy, Air Force, Marine Corps, and Space Force.
- In this section:
Sec. 224. Application of software innovation and data management plans to modernize test and evaluation infrastructure.
- (a) Establishment of digital test and evaluation environment
- (1) Program
- The Director of the Test Resource Management Center, in coordination with the officials specified in paragraph (4), shall establish and maintain a digital test and evaluation environment for developmental and operational testing of warfighting capabilities.
- (2) Requirements
- The digital test and evaluation environment required under paragraph (1) shall—
- incorporate commercially-derived data management, analysis, and operations software tools to enable rapid test and evaluation;
- enable real-time and iterative data collection, management, analysis, and feedback loops across the life cycle of tested systems;
- provide secure environments for testing systems with operational security sensitivities; and
- use a modular open system approach (as defined in section 4401 of title 10, United States Code) to ensure the environment can be accessed by multiple vendors and is interoperable with multiple data sources, data formats, and digital tools.
- The digital test and evaluation environment required under paragraph (1) shall—
- (3) Use of software acquisition pathway
- In procuring software and covered hardware (as defined in section 3603 of title 10, United States Code) for the digital test and evaluation environment required under paragraph (1), the Director of the Test Resource Management center shall use a software acquisition pathway described in section 3603 of title 10, United States Code.
- (4) Officials specified
- The officials specified in this paragraph are—
- the Director of the Defense Innovation Unit;
- the Director of Operational Test and Evaluation; and
- each chief of a covered Armed Force.
- The officials specified in this paragraph are—
- (1) Program
- (b) Data management plans
- (1) In general
- Before a covered Armed Force may conduct a test and evaluation event, an appropriate official from the Armed Force shall submit to the Director of Operational Test and Evaluation and the Director of the Test Resource Management Center a data management plan for the event. Such data management plan may be included as part of the Test and Evaluation Master plan submitted for the event pursuant to Department of Defense Directive 5000.100.
- (2) Plan requirements
- The Director of Operational Test and Evaluation and the Director of the Test Resource Management Center shall jointly develop standard requirements for the data management plans required under paragraph (1). Each such data management plan shall include, with respect to the test and evaluation event covered by the plan—
- identification of relevant data to be collected during the event;
- methodologies for analyzing data after testing is complete; and
- any other information the Directors determine appropriate.
- The Director of Operational Test and Evaluation and the Director of the Test Resource Management Center shall jointly develop standard requirements for the data management plans required under paragraph (1). Each such data management plan shall include, with respect to the test and evaluation event covered by the plan—
- (1) In general
- (c) Pilot program to accelerate test
- (1) In general
- The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall jointly carry out a pilot program to determine how commercial software can be used to accelerate and improve testing for priority mission areas—
- to accelerate continuous integration and continuous testing of warfighting capabilities by applying industry best practices and tooling for scalability, advanced analysis, and data sharing on identified priority use cases; and
- to enable continuous and iterative testing throughout capability design, development, engineering, and fielding.
- The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall jointly carry out a pilot program to determine how commercial software can be used to accelerate and improve testing for priority mission areas—
- (2) Reports required
- The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall—
- not later than 120 days after the date of the enactment of this Act, submit to the congressional defense committees an interim report that includes an implementation plan for the pilot program under paragraph (1); and
- following submittal of the report under subparagraph (A), but not later than 270 days after the date of the enactment of this Act, submit to the committees a report on the progress of the pilot program, which shall include a description of—
- (i) the metrics used to measure the performance of commercial software under the program;
- (ii) the initial findings of the program; and
- (iii) based on such findings, any identified roadblocks or limitations to using commercial software and digital tools for accelerated testing.
- The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall—
- (3) Termination
- The authority to carry out the pilot program under this subsection shall terminate five years after the date of the enactment of this Act.
- (1) In general
- (d) Covered Armed Force defined
- In this section, the term means the Army, Navy, Air Force, Marine Corps, and Space Force.
covered Armed Force
- In this section, the term means the Army, Navy, Air Force, Marine Corps, and Space Force.
Sec. 225. Demonstration of near real-time monitoring capabilities to enhance weapon system platforms.
- (a) Program establishment
- Subject to the availability of appropriations, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the chiefs of the Armed Forces, shall carry out a program to equip selected weapon system platforms with onboard, near real-time, end-to-end serial bus and radio frequency monitoring capabilities to ensure continuous operational oversight and cybersecurity health and resiliency.
- (b) Phases
- The Secretary of Defense shall implement the program under subsection (a) in phases as follows:
- Not later than 90 days after the date of the enactment of this Act, the Secretary shall—
- select not fewer than 3 and not more than 5 weapon system platform fleets for initial participation in the program, prioritizing the MH–60R and MQ–9 aircraft fleets; and
- complete the initial deployment of monitoring capabilities to such platforms.
- Not later than one year after the date of the enactment of this Act, the Secretary shall extend monitoring capabilities to the complete fleets of selected platforms and complete initial data collection and analysis from all participating platforms.
- Not later than one year after the date of the enactment of this Act, the Secretary shall, subject to the availability of appropriations—
- select not fewer than 3 and not more than 5 weapon system platform fleets, in addition to those selected under paragraph (1), for participation in the program, prioritizing platforms that demonstrate the highest potential for cybersecurity improvement and operational readiness gains based on program data analysis; and
- complete initial deployment of monitoring capabilities to such additional platforms.
- Not later than 18 months after the date of the enactment of this Act, the Secretary shall complete a comprehensive evaluation of the monitoring capabilities demonstrated under the program, including cybersecurity effectiveness, potential applicability of data to maintenance improvements, and development of scalability recommendations for potential Department-wide implementation.
- Not later than 90 days after the date of the enactment of this Act, the Secretary shall—
- The Secretary of Defense shall implement the program under subsection (a) in phases as follows:
- (c) Data collection and analysis
- (1) Chiefs of the armed forces requirements
- Each chief of an Armed Force with a weapon system platform participating in the program under subsection (a) shall collect and provide to the Secretary of Defense data regarding the platform and the monitoring capabilities demonstrated under the program, including data on—
- cyber threat detection effectiveness;
- maintenance efficiency improvements;
- safety incident investigation and predictive maintenance accuracy;
- operational readiness and mission capable rates improvements; and
- interoperability and data sharing capabilities across platforms and services.
- Each chief of an Armed Force with a weapon system platform participating in the program under subsection (a) shall collect and provide to the Secretary of Defense data regarding the platform and the monitoring capabilities demonstrated under the program, including data on—
- (2) Departmental analysis
- The Secretary shall analyze the data provided under paragraph (1) to assess—
- integration challenges and suggestions for overcoming such challenges in a future Department-wide program;
- scalability requirements for broader Department-wide implementation; and
- novel approaches for utilizing existing resources in an austere fiscal environment to expand capabilities across the Department.
- The Secretary shall analyze the data provided under paragraph (1) to assess—
- (1) Chiefs of the armed forces requirements
- (d) Budget integration
- In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2028 (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include proposed funding levels for the program expansion authorized under subsection (b)(3).
- (e) Reporting requirements
- Not later than 90 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. Each report shall include, with respect to the period covered by the report—
- implementation plans for the program;
- identification of the weapon system platforms selected for participation in the program; and
- analysis of any data collected under the program.
- Not later than 90 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. Each report shall include, with respect to the period covered by the report—
Sec. 226. Western regional range complex demonstration.
- (a) Demonstration required
- The Secretary of Defense shall carry out a demonstration of a joint multi-domain kinetic and non-kinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain training and further testing, research, and development.
- (b) Use of existing ranges and capabilities
- The demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities.
- (c) Activities
- The demonstration carried out pursuant to subsection (a) shall include the following:
- Electromagnetic spectrum operations.
- Electromagnetic warfare.
- Operations that blend kinetic and non-kinetic effects.
- Operations in the information environment.
- Joint All Domain Command and Control (commonly known as ).
JADC2 - Information warfare, including the following:
- Intelligence, surveillance, and reconnaissance.
- Offensive and defensive cyber operations.
- Electromagnetic warfare.
- Space operations.
- Psychological operations.
- Public affairs.
- Weather operations.
- The demonstration carried out pursuant to subsection (a) shall include the following:
- (d) Timeline for completion of initial demonstration
- In carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act.
- (e) Briefing
- Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on—
- a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d);
- how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and
- how the design architecture will support high-periodicity training, testing, research, and development.
- Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on—
- (f) Definitions
- In this section:
- The term
information environmentmeans the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information. - The term
Secretarymeans the Secretary of Defense.
- The term
- In this section:
- (g) Termination
- This section shall terminate on September 30, 2028.
Sec. 227. Reimbursement of National Guard for research, development, test, and evaluation expenses.
- (a) Availability
- Amounts authorized to be appropriated after the date of the enactment of this Act for the Department of Defense for research, development, test, and evaluation shall be available for reimbursement of pay, allowances, and other expenses which would otherwise be incurred against appropriations for the reserve components of the Armed Forces, including the National Guard, in cases in which members of the such reserve components provide support to research, development, test, and evaluation projects in which their involvement furthers the project because of a member’s or unit’s availability, qualifications, experience, or education.
- (b) Rule of construction
- Nothing in this section shall be construed—
- to authorize a deviation from established personnel and training procedures of the reserve components of the Armed Forces, including the National Guard; or
- to authorize the direct engagement of members or units of such components to conduct independent research, development, test and evaluation projects.
- Nothing in this section shall be construed—
Sec. 228. Prohibition on availability of funds for animal research in collaboration with foreign countries of concern.
- (a) Prohibition
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
- to carry out research, development, test, evaluation, or training activities involving animals—
- in collaboration with a foreign country of concern; or
- at any facility located in, or owned or controlled (directly or indirectly) by, a foreign country of concern; or
- to enter into a contract or other agreement, or make a grant, pursuant to which such activities would be carried out.
- to carry out research, development, test, evaluation, or training activities involving animals—
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
- (b) Foreign country of concern defined
- In this section, the term has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; ).
foreign country of concernPublic Law 116–283; 15 U.S.C. 4651
- In this section, the term has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; ).
Sec. 229. Prohibition on availability of funds for gain of function research.
- (a) Prohibition
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
- to conduct gain-of-function research on any potential pandemic pathogen at any facility operated by or on behalf of the Department; or
- to award contracts, grants, cooperative agreements, or any other form of financial assistance to any institution of higher education, nonprofit organization, private entity, or other research institute that is conducting gain-of-function research on potential pandemic pathogens.
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
- (b) Waiver
- (1) In general
- The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis, with respect to an individual research project, grant, contract, or cooperative agreement, if the Secretary determines that such a waiver is in the national interests of the United States.
- (2) Congressional notice
- Not later than 30 days before the date on which an award is made, a project is initiated, or an agreement entered into, with respect to which a waiver is made under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of such waiver.
- (1) In general
- (c) Definitions
- In this section:
- The term means any research that may be reasonably anticipated to confer an attribute to a pathogen such that the pathogen would have enhanced pathogenicity or transmissibility in mammals.
gain-of-function research - The term means a pathogen that, as a result of any gain-of-function research—
potential pandemic pathogen
- The term means any research that may be reasonably anticipated to confer an attribute to a pathogen such that the pathogen would have enhanced pathogenicity or transmissibility in mammals.
- In this section:
Sec. 230. Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office.
- (a) Limitation
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense and available for the Office of the Under Secretary of Defense for Acquisition and Sustainment for travel expenses, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense—
- establishes a Joint Energetics Transition Office as required under section 148 of title 10, United States Code; and
- submits to the congressional defense committees the reports required under subsections (b) and (c) of section 241 of the National Defense Authorization Act for Fiscal Year 2024 (; 136 Stat. 208). Public Law 118–31
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense and available for the Office of the Under Secretary of Defense for Acquisition and Sustainment for travel expenses, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense—
- (b) Waiver authority
- The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—
- determines that extenuating circumstances justify such a waiver; and
- provides to the congressional defense committees a briefing on the reasons for such determination.
- The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—
Subtitle C—Plans, Reports, and Other Matters
Sec. 241. Feasibility study on incorporating militarily-relevant applications of emerging biotechnology into wargaming exercises.
- (a) In general
- The Chairman of the Joint Chiefs of Staff shall conduct a review to determine the feasibility and advisability modifying the design of wargaming exercises to ensure that such exercises incorporate militarily-relevant applications of emerging biotechnology.
- (b) Elements
- In conducting the review required under subsection (a), the Chairman of the Joint Chiefs of Staff shall take into account—
- biotechnology-enabled enhancements that improve the cognitive and physical performance of warfighters;
- biotechnology-enabled chemicals and materials intended to provide a strategic advantage on the battlefield;
- adversaries’ use of biotechnology for military purposes beyond traditional biological weapons; and
- any other militarily-relevant applications of biotechnology determined appropriate by the Chairman.
- In conducting the review required under subsection (a), the Chairman of the Joint Chiefs of Staff shall take into account—
- (c) Consultation
- In conducting the review under subsection (a), the Chairman of the Joint Chiefs of Staff shall consult with—
- the commanders of the combatant commands; and
- other stakeholders within and outside the Department of Defense, as necessary, to identify recent militarily-relevant advancements in the field of biotechnology that could potentially be incorporated into exercises.
- In conducting the review under subsection (a), the Chairman of the Joint Chiefs of Staff shall consult with—
- (d) Report
- Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subsection (a). The report shall include—
- a detailed summary of any recommended modifications to wargaming exercises; and
- if applicable, a plan for regularly updating the design of such exercises to keep pace with advances in biotechnology.
- Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subsection (a). The report shall include—
- (e) Wargaming exercise defined
- In this section, the term means a military exercise conducted to test or improve tactical expertise, and includes the Globally Integrated Wargames.
wargaming exercise
- In this section, the term means a military exercise conducted to test or improve tactical expertise, and includes the Globally Integrated Wargames.
Sec. 242. Feasibility study on use of cloud laboratories.
- (a) In general
- The Secretary of Defense shall conduct a review to determine the feasibility and advisability of using cloud laboratories at the Department of Defense to provide authorized researchers with access to high-quality experimental instrumentation and data collection for purposes of generating high-quality data.
- (b) Elements
- In conducting the review required under subsection (a), the Secretary of Defense shall take into account—
- best practices for cloud computing methods to safely store sensitive data, such as biological data;
- considerations related to cybersecurity, biosecurity, research security, and data privacy;
- estimated costs for the construction and sustainment of cloud laboratories;
- estimated timelines for establishing cloud laboratories; and
- consideration of how cloud laboratories can improve the quality and quantity of data to improve research and development of novel technologies.
- In conducting the review required under subsection (a), the Secretary of Defense shall take into account—
- (c) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subsection (a).
- (d) Cloud laboratory defined
- In this section, the term means a physical laboratory equipped with automation and data storage to conduct experiments.
cloud laboratory
- In this section, the term means a physical laboratory equipped with automation and data storage to conduct experiments.
Sec. 243. Quarterly reports on termination of critical technology research awards.
- (a) Reports required
- Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
- With respect to the quarter preceding the date of the report, identification of each covered award that was terminated by the Department of defense on the basis that the award no longer effectuates the programs goals or agency priorities as provided under the Department of Defense Research and Development General Terms and Conditions (dated March 2025), or any related or successor guidance.
- For each covered award identified under paragraph (1)—
- an explanation of whether or not that award was meeting relevant objectives and requirements; and
- a justification for the termination of the award.
- Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
- (b) Definitions
- In this section:
- The term means an award made by the Department of Defense relating to the research or development of any of the 14 critical technology areas.
covered award - The term means the critical technology areas described in the memorandum of the Under Secretary of Defense for Research and Engineering issued on February 1, 2022, titled , or any successor guidance.
14 critical technology areasUSD(R&E) Technology Vision for an Era of Competition
- The term means an award made by the Department of Defense relating to the research or development of any of the 14 critical technology areas.
- In this section:
Sec. 244. Report on Department of Defense market research of critical technology and capabilities.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Acquisition and Sustainment, shall submit to the congressional defense committees a report that—
- reviews and assesses the ability of the Department of Defense to conduct effective and thorough market research on critical existing and emerging defense technologies; and
- makes recommendations for the improvement of such market research capabilities.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Acquisition and Sustainment, shall submit to the congressional defense committees a report that—
- (b) Contents
- The report under subsection (a) shall include the following:
- An assessment of the strategic market evaluation practices across developmental innovation and acquisition offices, including practices that are aligned for purposes of investigating existing commercial technology capabilities in critical technologies and capabilities.
- Recommendations on ways to improve market research and commercial sector due diligence within key Department of Defense innovation and acquisition offices, with a particular focus on deeper engagement with existing private sector entities.
- An assessment of the current status of development maturity and growth in critical technological market areas.
- An assessment of regulatory, legal, and administrative barriers in testing and evaluation of such critical technologies that may delay their maturation and development, such as—
- a lack of authority to operate new technologies domestically; and
- barriers to direct commercial sales and foreign military sales for such critical technologies.
- An assessment of how the barriers described in paragraph (4) may be addressed to direct additional investment and speed development.
- An assessment of current practices of accumulating and storing market research data across the Department of Defense enterprise, from early-stage research and development efforts to mature commercial solutions.
- Recommendations, with respect to each critical technology sector, for enhancing private sector participation, lowering barriers to entry for commercial sector entities, decreasing capital costs required for development, and shortening internal Department of Defense timelines for major acquisition decisions.
- Recommendations for the creation of standardized best practices for market research and commercial sector due diligence within key innovation and acquisition organizations in the Department of Defense.
- The report under subsection (a) shall include the following:
- (c) Consultation
- In preparing the report under subsection (a) the Secretary shall seek input from relevant individuals and organizations in commercial industry and the venture capital sector.
Title III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of nuclear energy and nuclear technologies in eligible investments made by Office of Strategic Capital.
Section 149(f)(2) of title 10, United States Code, is amended—
- by redesignating subparagraphs (U) through (GG) as subparagraphs (W) through (II), respectively; and
- Nuclear energy.
- Nuclear technologies.
- by inserting after subparagraph (T) the following new subparagraphs:
Sec. 312. Inclusion of information about PFAS investigation and remediation in annual report on defense environmental programs.
Section 2711 of title 10, United States Code, is amended—
- Information on the costs associated with investigating and remediating per- and polyfluoroalkyl substances contamination, including—
- detailed information regarding the total potential total costs to the Department of investigating and remediating such contamination at all locations where investigation and remediation is expected to be funded by the Department; and
- the cost assumption analysis required under subsection (d).
- in subsection (b), by adding at the end the following new paragraph:
- (d) PFAS cost assumption analysis
- The Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that—
- includes—
- an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect future costs;
- examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect projected costs; and
- an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and
- incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination, including—
- variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations;
- shifts in regulatory requirements that could alter investigation and remediation strategies; and
- advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs.
- includes—
- The Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that—
- (d) PFAS cost assumption analysis
- by adding at the end the following new subsection:
Sec. 313. Modification of requirements relating to replacement of fluorinated aqueous film-forming foam.
Section 322 of the National Defense Authorization Act for Fiscal Year 2020 (; note prec.) is amended— Public Law 116–92; 10 U.S.C. 2661
- in subsection (b)—
- by striking
October 1, 2023and insertingOctober 1, 2026; and - by striking
in excess of one part per billion ofand insertingdetectable;
- by striking
- in subsection (c)(1), by striking
October 1, 2024and insertingOctober 1, 2026;- (d) Exemptions
- Subsections (b) and (c) shall not apply to firefighting foam for use—
- onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance;
- that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department;
- during research, development, test, and evaluation of fluorine-free fire-fighting agents;
- on naval nuclear submarine propulsion plants; or
- in tactical vehicles and equipment that is incompatible with fluorine-free fire-fighting agents.
- Subsections (b) and (c) shall not apply to firefighting foam for use—
- (d) Exemptions
- by striking subsection (d) and inserting the following:
- in subsection (e)—
- in paragraph (1)—
- (i) in the matter preceding subparagraph (A), by inserting before ; and
- (ii) in subparagraph (B)—
- in clause (ii), by inserting after ;
- by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
- in clause (iii), as so redesignated, by striking ; and
- in paragraph (2)(C), by striking
Secretary of Defenseand insertingUnder Secretary of Defense for Acquisition and Sustainment.
- in paragraph (1)—
Sec. 314. Provision of alternative drinking water to certain communities with private drinking water wells contaminated with perfluoroalkyl substances or polyfluoroalkyl substances.
- (a) Requirement
- Beginning on the date of the enactment of this Act, for each household that is located in a community with a private drinking water well in which contamination from a perfluoroalkyl substance, polyfluoroalkyl substance, or mixture thereof resulting from activities of the Department of Defense exceeds the maximum contaminant level for such substance or mixture, respectively, and that has not received a permanent safe drinking water solution described in subsection (b), the Secretary of Defense shall provide to such household an alternative source of drinking water (which may include the provision of bottled water) until such time as—
- Requirement
- the degree of cleanup of such contamination has at least attained such respective maximum contaminant level, consistent with section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (); or 42 U.S.C. 9621(d)
- the Secretary provides such household with a permanent safe drinking water solution described in subsection (b).
- (b) Permanent safe drinking water solutions described
- A permanent safe drinking water solution described in this subsection is the connection of a household to a public water system, installation at a household of an onsite filtration system capable of treating the contamination specified in subsection (a), or provision to a household of another permanent alternative source of drinking water.
- (c) Coordination with existing authorities
- The Secretary of Defense shall carry out this section in a manner consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () and any other authority under environmental law, including by coordinating efforts under subsection (a) with ongoing efforts to address contamination under such authorities. 42 U.S.C. 9601 et seq.
- (d) Definitions
- In this section:
- The terms and have the meanings given those terms in section 1401 of the Safe Drinking Water Act ().
maximum contaminant levelpublic water system42 U.S.C. 300f - The term means a drinking water well that is not a public water system and is not connected to a public water system.
private drinking water well
- The terms and have the meanings given those terms in section 1401 of the Safe Drinking Water Act ().
- In this section:
Sec. 315. Responsibilities of executive agent for installation and operational nuclear energy.
- (a) Executive agent
- The Secretary of Defense, in coordination with the Secretary of the Army, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office of the Department of Defense, shall ensure that, not later than one year after the date of the enactment of this Act, there is designated an executive agent of the Department of Defense for installation and operational nuclear energy.
- (b) Responsibilities
- The responsibilities of the executive agent specified in subsection (a) shall include the following:
- In coordination with the commanders of the combatant commands and the Joint Chiefs of Staff, assessing installation energy and operational energy needs, and establishing and maintaining requirements for the use of nuclear energy to meet such needs, for the purpose of furthering mission critical activities of the Department of Defense and enhancing national security.
- Consulting with project developers and other experts from the commercial nuclear industry, potential private owners and operators of nuclear reactors to be deployed at military installations, and other persons determined appropriate by the executive agent, to assess the technological capabilities, development status, costs, timelines, risks, and potential need for design evolution of nuclear reactors to meet the needs of the Department of Defense referred to paragraph (1).
- In coordination with the Secretary of Energy, the Secretaries of the military departments, and the Nuclear Regulatory Commission, assessing the technology readiness, licensability, deployability, operability, and maintainability of nuclear reactors with respect to potential deployment at military installations.
- In coordination with the Secretary of Defense and the Secretaries of the military departments, integrating technical and project resources across the Department of Defense for the use of nuclear reactors to meet the needs of the Department of Defense referred to in paragraph (1), including by developing a plan to aggregate the demand for, and the acquisition and deployment of, nuclear reactors across military installations and military departments.
- In coordination with the Secretary of Energy and the Nuclear Regulatory Commission—
- evaluating the regulatory framework and other requirements applicable to the use of nuclear reactors to meet such needs; and
- establishing training programs and plans relating to the acquisition and operation of nuclear reactors to meet such needs.
- Identifying the timelines and resource requirements necessary for the acquisition and operation of nuclear reactors to meet such needs, including—
- any support necessary from the national laboratories of the Department of Energy; and
- any funding necessary to carry out interim pilot programs for the limited deployment of nuclear reactors until such timelines and resource requirements are met.
- Including resource requirements identified pursuant to paragraph (6), and any other resource requirements necessary to carry out this subsection, in applicable planning, programming, budgeting, and execution processes of the Department of Defense, including by preparing, as applicable—
- a program objective memorandum for any new resource so required; and
- a budget justification for any new resource so required for inclusion in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code).
- Providing technical support for programs of the military departments relating to the deployment of nuclear reactors for installation energy resilience.
- The responsibilities of the executive agent specified in subsection (a) shall include the following:
- (c) Annual reports
- Not later than September 30, 2026, and annually thereafter for a period of five years, the executive agent specified in subsection (a) shall submit to the Secretary of Defense and the congressional defense committees a report describing the actions taken to implement this section during the one-year period ending on the date of the submission of such report.
- (d) Plan for program of record
- (1) Submission
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the executive agent specified in subsection (a), shall submit to the congressional defense committees a plan to establish a program of record of the Department of Defense for the use of nuclear energy to meet installation energy and operational energy needs.
- (2) Elements
- The plan under paragraph (1) shall include the following:
- An identification of requirements necessary for the establishment of the program of record specified in such paragraph.
- A budget estimate for such program of record through 2030 or through the conclusion of the five-year period following the first date on which a nuclear reactor is deployed at a military installation, whichever is later.
- A summary of actions taken to implement the responsibilities under subsection (b) and information derived as a result of such actions.
- Use cases for nuclear reactors, developed in coordination with the commanders of combatant commands with respect to installation and operational needs (including needs relating to the electrification of operational energy, elimination of fuel supply vulnerabilities, military installation resilience, sustainment of military installations, enablement of multi-domain operations, and advanced weaponry).
- An identification of the minimum potential number of military installations at which nuclear reactors would be necessary to deploy in order to establish a cost-effective program, and projected dates by which such nuclear reactors would achieve initial operational capability.
- An estimate of fuel requirements necessary to support the deployment of various models of nuclear reactors at military installations, to inform future acquisition planning.
- The plan under paragraph (1) shall include the following:
- (1) Submission
- (e) Compliance with applicable directive
- The Secretary shall carry out this section in compliance with Directive 5101.1.
- (f) Support within Department of Defense
- In accordance with Directive 5101.1, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent specified in subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.
- (g) Definitions
- In this section—
- The term means Department of Defense
Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense. - The terms and have the meanings given those terms in section 101 of title 10, United States Code.
energy resiliencemilitary installation resilience - The term has the meaning given the term in Directive 5101.1.
executive agentDoD Executive Agent - The term has the meaning given that term in section 2924 of title 10, United States Code.
operational energy
- The term means Department of Defense
- In this section—
Sec. 316. Establishment of Advanced Nuclear Technologies Transition Working Group.
- (a) Establishment
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the .
Advanced Nuclear Technologies Transition Working Group
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the .
- (b) Membership
- The working group shall be composed of the following members, or designees thereof:
- The Secretary of Defense.
- The Secretaries of the military departments.
- The Chairman of the Joint Chiefs of Staff.
- The Under Secretary of Defense for Acquisition and Sustainment.
- The Under Secretary of Defense for Research and Engineering.
- The Under Secretary of Defense for Policy.
- The Director of the Defense Innovation Unit.
- The Director of the Strategic Capabilities Office.
- The head of any other organizational entity of the Department of Defense the Chairperson determines appropriate.
- The working group shall be composed of the following members, or designees thereof:
- (c) Chairperson
- The Secretary of Defense, or a designee thereof, shall serve as the Chairperson of the working group.
- (d) Duties
- The duties of the working group shall include the following:
- Developing and implementing a strategy to accelerate the procurement and fielding of commercially available advanced nuclear technologies using available authorities.
- Identifying critical installation energy and operational energy needs of military installations and the combatant commands that may be addressed through the use of advanced nuclear technologies, ensuring such needs are considered in relation to efforts and planned efforts of the Department of Defense, and developing an accelerated pathway to leverage advanced nuclear technologies to address any gap in such needs.
- Coordinating efforts among the members of the working group for the demonstration and transition of advanced nuclear technologies, including by increasing opportunities for collaboration between the Department of Defense and potential partners within the commercial nuclear industry with respect to research and development, testing and evaluation, and procurement activities relating to such technologies.
- Coordinating with the heads of other relevant Federal departments and agencies regarding the conduct of interagency activities and development of best practices to address obstacles to the rapid fielding of advanced nuclear technologies, including any such obstacle relating to workforce development, regulatory frameworks, licensing requirements, access to fuel sources, safety or security standards, or decommissioning.
- Establishing opportunities for engagement with developers of advanced nuclear technologies within the commercial nuclear industry to assess the availability (including, as applicable, the timeline for availability) of micro-reactor and small modular reactor capabilities for potential application to meet the needs of the Department of Defense.
- The duties of the working group shall include the following:
- (e) Meetings
- The working group shall meet at the call of the Chairperson and not less frequently than quarterly.
- (f) Briefings and reports
- (1) Initial briefing
- Not later than 180 days after the date of enactment of this Act, the Chairperson shall provide to the congressional defense committees a briefing on the organization, plans, milestones, and activities of the working group.
- (2) Annual report
- Not later than September 30, 2026, and annually thereafter until the date of termination under subsection (g), the Chairperson shall submit to the congressional defense committees a report describing, with respect to the year preceding the date of submission of the report, the plans, milestones, and activities of the working group, including a description of the status during such year of any project relating to advanced nuclear technologies, any funding or other requirement associated with such a project, and any plan to transition a capability under such a project.
- (1) Initial briefing
- (g) Termination
- The working group shall terminate on September 30, 2029.
- (h) Definitions
- In this section:
- The term means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (), with a rated capacity of less than 50 electrical megawatts.
micro-reactor42 U.S.C. 16271(b)(1) - The term has the meaning given that term in section 2924 of title 10, United States Code.
operational energy - The term means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 ()—
small modular reactor42 U.S.C. 16271(b)(1) - The term means the
working groupestablished under subsection (a).
- The term means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (), with a rated capacity of less than 50 electrical megawatts.
- In this section:
Sec. 317. Department of Air Force program of record for commercial weather data.
- (a) Establishment
- Not later than September 30, 2027, the Secretary of the Air Force shall establish a program of record of the Department of the Air Force to—
- acquire and use commercial weather data to—
- support operational weather forecasting; and
- enhance mission planning and execution in data-sparse and contested environments;
- integrate such commercial weather data and related systems into meteorological and decision support frameworks of the Air Force; and
- ensure resilience against adversarial advancements in space-based environmental monitoring.
- acquire and use commercial weather data to—
- Not later than September 30, 2027, the Secretary of the Air Force shall establish a program of record of the Department of the Air Force to—
- (b) Submission to Congress
- Not later than March 1, 2026, the Secretary of the Air Force shall submit to the congressional defense committees, with respect to the program of record to be established under subsection (a), the following:
- A transition plan for the adoption of such program of record, including projected costs and funding requirements over the period covered by the program objective memorandum process for fiscal years 2027 through 2031.
- An acquisition strategy for such program of record, including an outline of potential middle tier of acquisition pathways or major capability acquisition pathways (as such term is defined in Department of Defense Instruction 5000.85, titled and issued on August 6, 2020 (or successor instruction)).
Major Capability Acquisition - A budget justification for inclusion of such program of record in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2027, to secure sustained funding.
- Not later than March 1, 2026, the Secretary of the Air Force shall submit to the congressional defense committees, with respect to the program of record to be established under subsection (a), the following:
Sec. 318. Pilot program on Navy installation nuclear energy.
- (a) Pilot program required
- Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall carry out a ten-year pilot program at one or more naval installations for the purpose of determining how small modular reactors or mobile reactors could be used—
- to meet the coastal installation energy needs of the Navy during the ten-year period beginning on the date of the enactment of this Act; and
- to inform the development of concepts for the use of nuclear power facilities to support increased energy security for Navy and Marine Corps installations.
- Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall carry out a ten-year pilot program at one or more naval installations for the purpose of determining how small modular reactors or mobile reactors could be used—
- (b) Installation prioritization
- In selecting naval installations for the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall prioritize an installation that—
- has entered into, as of the date of the enactment of this Act, a memorandum of agreement with a private power provider to explore the use of a small modular reactor or mobile reactor for installation energy requirements; and
- contributes support to naval operational forces in the mid-Atlantic region.
- In selecting naval installations for the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall prioritize an installation that—
- (c) Public-private partnerships
- (1) Available infrastructure
- The Assistant Secretary of the Navy for Energy, Installations, and Environment may carry out the pilot program required by subsection (a) by assessing and making recommendations regarding how to make available the facilities of a Navy or Marine Corps program selected for participation in the pilot program.
- (2) Data centers
- As part of the pilot program, the Assistant Secretary shall evaluate and make recommendations regarding how to make available Navy or Marine Corps facilities to co-locate data centers with the assessed, representative small modular reactors or mobile reactors.
- (3) Contracts
- The pilot program does not require the Secretary of the Navy to enter into any new contract, such as an energy savings performance contract.
- (1) Available infrastructure
- (d) Reporting requirements
- (1) Annual report
- In each report submitted under section 2925 of title 10, United States Code, during the period beginning on the date that is one year after the date of enactment of this Act and ending on September 30, 2032, the Secretary of the Navy shall include, for the year covered by the report, each of the following:
- A five-year funding plan for all Navy nuclear shore and installation power programs for the Navy, including nuclear efforts provided for in the context of the Navy Shore Energy Program and any identified funding shortfalls.
- An identification of authorities required and remaining barriers to the provision of nuclear power from a military installation to civilian energy grids.
- A review of lessons learned from related efforts conducted by the other military departments, the Defense Innovation Unit, and any other entities the Secretary considers relevant.
- An analysis of efforts taken by the Navy to use nuclear power on Navy installations to support data center power demands.
- Any other details the Secretary of the Navy considers relevant.
- In each report submitted under section 2925 of title 10, United States Code, during the period beginning on the date that is one year after the date of enactment of this Act and ending on September 30, 2032, the Secretary of the Navy shall include, for the year covered by the report, each of the following:
- (2) Final report
- Upon conclusion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, or include in the report required under section 2925 of title 10, United States Code, for the fiscal year during which the pilot program concludes, the following:
- An identification of the funding that would be required to convert the pilot program to a program of record.
- An identification of all available funding provided in the budget of the Navy for the fiscal year during which the report is submitted for nuclear power at Navy and Marine Corps installations.
- Upon conclusion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, or include in the report required under section 2925 of title 10, United States Code, for the fiscal year during which the pilot program concludes, the following:
- (1) Annual report
- (e) Early termination
- The Secretary of the Navy may terminate the pilot program before the expiration of the five-year period referred to in subsection (a) if the Secretary provides notice of such early termination to the congressional defense committees.
Sec. 319. Pilot program to install propane-powered generators at a domestic defense industrial base facility.
- (a) Program required
- Not later than one year after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations and the Environment shall carry out a pilot program under which the Assistant Secretary shall install propane-powered generators at an organic industrial base facility. Under the pilot program, such generators shall—
- be used in tandem with an on-site microgrid in order to improve the resiliency and redundancy of power generation at the facility; and
- be powered by conventional or renewable propane.
- Not later than one year after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations and the Environment shall carry out a pilot program under which the Assistant Secretary shall install propane-powered generators at an organic industrial base facility. Under the pilot program, such generators shall—
- (b) Definitions
- In this section:
- The term has the meaning given such term in section 641(b)(6) of the United States Energy Storage Competitiveness Act of 2007 ().
microgrid42 U.S.C. 17231(b)(6) - The term has the meaning given such term in section 3(6) of the Propane Education and Research Act of 1996 ().
propane15 U.S.C. 6402(6)
- The term has the meaning given such term in section 641(b)(6) of the United States Energy Storage Competitiveness Act of 2007 ().
- In this section:
- (c) Termination
- The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 320. Strategy to accelerate remediation of contamination from perfluoroalkyl substances and polyfluoroalkyl substances.
- (a) Strategy
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy to accelerate the remediation efforts of the Department of Defense with respect to contamination from perfluoroalkyl substances or polyfluoroalkyl substances, which shall include—
- criteria of the Department for the prioritization of military installations and National Guard facilities with respect to which such efforts are planned or underway, based on relative risk to human health, demonstrated environmental impact, and proximity to any community affected, or at risk of being affected, by such contamination;
- timelines for completing each phase of the cleanup process under CERCLA with respect to such contamination for each such military installation or National Guard facility;
- a plan for deploying additional technologies, personnel, or other resources to reduce delays to such remediation efforts, including an identification of—
- the number of laboratories accredited by the environmental laboratory accreditation program of the Department to test for the presence of perfluoroalkyl substances and polyfluoroalkyl substances; and
- the number of laboratories in the process of being so accredited; and
- benchmarks for evaluating the performance of each military department or Defense Agency with respect to response efforts to address contamination from perfluoroalkyl substances and polyfluoroalkyl substances.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy to accelerate the remediation efforts of the Department of Defense with respect to contamination from perfluoroalkyl substances or polyfluoroalkyl substances, which shall include—
- (b) Public dashboard
- Not later than one year after the date of the enactment of this Act, the Secretary shall publish on a publicly accessible website of the Department an online dashboard that provides information on the actions of the Department, including each military department, relating to contamination from perfluoroalkyl substances and polyfluoroalkyl substances. The dashboard shall be updated on a semiannual basis and shall include a summary of—
- funding levels and expenditures relating to response efforts to address such contamination, dissagregated by each military installation or National Guard facility with respect to which such efforts are planned or underway;
- the status of response efforts to address such contamination under the applicable phase of the cleanup process under CERCLA, including the status of any interim removal actions, at each such site;
- projected and actual timelines for the completion of remediation with respect to such contamination at each such site; and
- points of contact for community engagement.
- Not later than one year after the date of the enactment of this Act, the Secretary shall publish on a publicly accessible website of the Department an online dashboard that provides information on the actions of the Department, including each military department, relating to contamination from perfluoroalkyl substances and polyfluoroalkyl substances. The dashboard shall be updated on a semiannual basis and shall include a summary of—
- (c) Definitions
- In this section:
- The terms , , , and have the meanings given those terms in section 2700 of title 10, United States Code.
CERCLANational Guard facilityremovalresponse - The term has the meaning given such term in section 101(a) of title 10, United States Code.
Defense Agency
- The terms , , , and have the meanings given those terms in section 2700 of title 10, United States Code.
- In this section:
Subtitle C—Logistics and Sustainment
Sec. 331. Extension of authorization of depot working capital funds for unspecified minor military construction.
Section 2208(u)(4) of title 10, United States Code, is amended by striking September 30, 2025and inserting September 30, 2027.
Sec. 332. Designation of senior officials responsible for integration of global contested logistics posture management.
- (a) Designation of senior military department officials
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 131
- (a) Designation of responsible official
- The Chair of the Joint Chiefs of Staff shall designate the member or employee of the Joint Staff with primary responsibility for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational contract to serve as the official within the Department with principal responsibility for the integration of global contested logistics posture management across the military departments. In carrying out such responsibility, such official shall coordinate with the senior military department officials designated under subsection (c).
- (b) Responsibilities
- The official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following:
- The locations of sites outside the continental United States at which stocks of supplies and equipment as well as the composition of those stocks.
- The provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater.
- The monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies.
- The identification of shortcomings in the provision of resources identified in paragraphs (2) and (3).
- The official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following:
- (c) Senior military department officials
- Each secretary of a military department shall designate, from among officials serving in the department, an official to have principal responsibility for contested logistics posture management for that department.
- Each senior official designated under paragraph (1) shall be responsible for—
- ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by—
- (i) establishing or arranging for access to locations through which supplies and equipment can be provided to such forces;
- (ii) developing any necessary infrastructure; and
- (iii) to the extent feasible, prepositioning supplies and equipment at such locations; and
- ensuring that the logistics capabilities described in subparagraph (A) meet the requirements of the operational and contingency plans of such forces.
- ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by—
- Each senior official designated under paragraph (1) may designate an official of the military department concerned to serve as a deputy to assist the senior official in carrying out the responsibilities under this section.
- (d) Contested logistics posture strategy
- The official designated under subsection (a), in coordination with each senior official designated under subsection (b) and any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (c)(2).
- The strategy required under paragraph (1) shall include each of the following:
- A description of—
- (i) the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy;
- (ii) the status and disposition of such prepositioned stocks; and
- (iii) the operational or contingency plan such stocks are intended to support.
- An identification of—
- (i) any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and
- (ii) any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans.
- A description of any additional funding or other resources required—
- (i) to address the shortcomings identified under subparagraph (B)(i); and
- (ii) to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii).
- A prioritized list of investment recommendations for each item described in subparagraph (C).
- An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location.
- An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans.
- A description of—
- The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis.
- (a) Designation of responsible official
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 131
- (b) Deadline for designation
- Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall make the designation required under section 2229b(b) of title 10, United States Code, as added by subsection (a).
- (c) Deadline; reports
- (1) Deadline
- The development of the strategy required under subsection (d) of section 2229b of title 10, United States Code, as added by subsection (a), shall be completed by not later than January 31, 2027.
- (2) Initial report
- Not later than 180 days after the date of the enactment of this Act, the official designated under subsection (a) of such section 2229b shall submit to the congressional defense committees a report that includes—
- the names of the officials designated under subsection (b) of such section; and
- a plan for the completion of the development of the strategy required under subsection (d) of such section.
- Not later than 180 days after the date of the enactment of this Act, the official designated under subsection (a) of such section 2229b shall submit to the congressional defense committees a report that includes—
- (3) Biennial interim reports
- During the period beginning on the date of the submission of the initial report under paragraph (2) and ending on the date of the completion of the development of the strategy required under subsection (d) of such section 2229b, the official designated under subsection (a) of such section shall submit to the congressional defense committees semi-annual reports each of which shall include—
- an update on the progress made toward the completion of the development of the strategy; and
- an assessment of the progress of the official with respect to the responsibilities of the official under subsection (b) of such section.
- During the period beginning on the date of the submission of the initial report under paragraph (2) and ending on the date of the completion of the development of the strategy required under subsection (d) of such section 2229b, the official designated under subsection (a) of such section shall submit to the congressional defense committees semi-annual reports each of which shall include—
- (1) Deadline
Sec. 333. Modification of minimum capital investment for certain depots of Department of Defense.
Section 2476(a)(1) of title 10, United States Code, is amended by striking the preceding three fiscal yearsand inserting the preceding fiscal year, the current fiscal year, and the estimated amount for the following fiscal year.
Sec. 335. Modification to annual report on Navy Shipyard Infrastructure Optimization Program.
Section 355(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (; note) is amended by inserting before . Public Law 117–81; 10 U.S.C. 8013
Sec. 336. Strategy to improve infrastructure of certain depots of the Department of Defense.
Section 359 of the National Defense Authorization Act for Fiscal Year 2020 (; 133 Stat. 1323; note) is amended— Public Law 116–92; 10 U.S.C. 2476
- by striking subsection (c); and
- by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Sec. 337. Pilot program for arsenal workload sustainment.
- (a) Establishment of pilot program
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a
pilot programto incentivize public-private partnerships at arsenals of the Department of the Army, to be known as the (in this section referred to as the ).Arsenal Workload Sustainment Pilot Program
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a
- (b) Prioritization
- (1) In general
- In carrying out the pilot program, the Secretary shall prioritize the award of a contract to a non-public partner that will use a Government owned, Government controlled arsenal of the Department of the Army.
- (2) Selection
- The Secretary shall select to participate in the pilot program non-public partners that the Secretary determines demonstrate that the performance of any work under the pilot program shall be performed equally by employees of the Department of Defense and the non-public partner.
- (1) In general
- (c) Regulations
- Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement subsection (b).
- (d) Report
- (1) Submission
- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the activities conducted under the pilot program, including a description of any operational challenges identified in the course of such conduct.
- (2) Elements
- The report under paragraph (1) shall include the following:
- A breakout, by relevant budget account, of the workload achieved during the prior fiscal year at each Government owned, Government controlled arsenal of the Department of the Army for which a contract was awarded under the pilot program, whether directly or pursuant to such contract.
- An assessment of relevant budget accounts where any such arsenal may be used to meet future procurement needs of the Department of Defense, irrespective of cost.
- An outlook of expected workload at each such arsenal during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code.
- The capital investments required to be made at each such arsenal to ensure compliance and operational capacity.
- The report under paragraph (1) shall include the following:
- (1) Submission
- (e) Termination
- The authority to carry out the pilot program shall terminate on the date that is five years after the date of the establishment of the pilot program.
- (f) Non-public partner defined
- In this section, the term means an entity, individual, university, or nonprofit organization that is not part of the United States Government.
non-public partner
- In this section, the term means an entity, individual, university, or nonprofit organization that is not part of the United States Government.
Sec. 338. Depot-level maintenance coordination in multinational exercises.
- (a) In general
- Each year, the Secretary of the Air Force shall incorporate in at least one multinational exercise conducted in the area of operations of the United States Indo-Pacific Command—
- depot-level maintenance, repair, and sustainment considerations, including binational or multinational planning sessions with covered nations on—
- identifying opportunities to cooperate on depot-level maintenance and repair in ways that minimize transportation requirements in such area of operations and determining the authorities necessary to deliver the necessary joint capabilities;
- facilitating real-time coordination between the United States and covered nations to maintain munitions stock levels and resupply routes in the such area of operations;
- mutual recognition of airworthiness and maintenance certification between the United States and covered nations; and
- emergency tabletop exercises, such as when an aircraft of a covered nation breaks down on United States territory, and vice versa, in a contested logistics environment; and
- coordination with the Air Force Sustainment Center, including the participation of representatives of—
- the United States Indo-Pacific Command;
- United States Air Force Pacific;
- the United States Air Mobility Command; and
- the Air Force Sustainment Center.
- depot-level maintenance, repair, and sustainment considerations, including binational or multinational planning sessions with covered nations on—
- Each year, the Secretary of the Air Force shall incorporate in at least one multinational exercise conducted in the area of operations of the United States Indo-Pacific Command—
- (b) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report summarizing the lessons learned from carrying out an exercise in accordance with subsection (a) with respect to the Republic of Korea and the Commonwealth of Australia. Such report shall include each of the following:
- A list of candidate systems for co-sustainment with Korea and Australia.
- A list of depot-level repair workload opportunities to undertake with Korea and Australia, including testing equipment or line replaceable units.
- Opportunities to incorporate Korean and Australian industry partners in depot-level maintenance repair activities, including through public-private partnerships.
- An identification of any potential logistical challenges that could arise with the host country, including with respect to workforce, housing, and location of workload.
- An identification of any potential impediments involving intellectual property or data rights between original equipment manufacturers and the Department of the Air Force or between the Department of the Air Force and named partner countries.
- An identification of any potential impediments related to the International Traffic in Arms Regulations and related statutes.
- Any additional recommendations to Congress that would ease the facilitation of depot-level maintenance repair partnerships with Korea and Australia, including changes to existing status of forces agreements.
- An analysis of current maintenance and repair capabilities and gaps in the organic industrial base of Korea and Australia.
- An assessment of the types of maintenance and repair activities (depot-level, preventative, corrective) that may be most appropriate for partnership with Korea and Australia.
- An assessment of how partnerships may contribute to allied contingency operations, interoperability, and regional posture resilience in the Indo-Pacific region.
- A consideration of planning factors related to the evolving force generation models, future-generation aircraft programs, deployment schedules, statutory maintenance thresholds, and other relevant operational requirements of the Department of the Air Force.
- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report summarizing the lessons learned from carrying out an exercise in accordance with subsection (a) with respect to the Republic of Korea and the Commonwealth of Australia. Such report shall include each of the following:
- (c) Covered nation defined
- In this section, the term means any of the following:
covered nation- The Commonwealth of Australia.
- Canada.
- Japan.
- New Zealand.
- The Republic of Korea.
- The United Kingdom of Great Britain and Northern Ireland.
- Any other nation designated a covered nation for the purposes of this section by the Secretary of the Air Force.
- In this section, the term means any of the following:
Sec. 339. Maintenance inspection capabilities and requirements.
- (a) Requirement
- Subject to the requirements of subsection (b), the Secretary of Defense shall ensure that when the Department of Defense conducts maintenance of aviation critical safety items and mission critical parts, such maintenance—
- includes the use of a technical data requirement or organic or commercially available diagnostic tool, if such a requirement or tool is required and available; and
- is not conducted solely through visual inspection unless—
- no such requirement or tool is available; or
- only a visual inspection is required under a technical data requirement.
- Subject to the requirements of subsection (b), the Secretary of Defense shall ensure that when the Department of Defense conducts maintenance of aviation critical safety items and mission critical parts, such maintenance—
- (b) Sustainment
- The Secretary shall ensure that the acquisition of appropriate technical data requirements and diagnostic tools for the conduct of maintenance of aviation critical safety items and mission critical parts are planned as part of the sustainment of the systems containing such items and parts.
- (c) Definitions
- In this section:
- The term means any part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system the failure, malfunction, or absence of which could cause—
aviation critical safety item - The term means the deterioration of a material or its properties, including non-metallic materials, due to a reaction of that material with the chemical environment.
corrosion - The term means a non-destructive inspection tool capable of—
diagnostic tool
- The term means any part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system the failure, malfunction, or absence of which could cause—
- In this section:
Sec. 340. Joint Strike Fighter sustainment.
- (a) Requirements
- By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that—
- sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to—
- sustain F-35 Joint Strike Fighter operations for at least 90 days in the most stressing operational plan required of each such Secretary; and
- meet the fleet wide minimum readiness targets established by each such Secretary; and
- each F-35 Joint Strike Fighter contractor has provided to the Secretary of the Navy or the Secretary of the Air Force, as applicable, and such Secretary has validated as accurate, all information that is necessary for the Department of Defense to successfully complete the financial reporting and accountability requirements for F-35 property, including—
- the incorporation of information relating to the management and reporting of Government property that has been provided for contractor performance, as defined and agreed upon in the contract entered into by the contractor; and
- the remediation of all material weaknesses of the F-35 Joint Strike Fighter Program identified in the Department of Defense Agency Financial Report for Fiscal Year 2024 that are within the control and responsibility of the contractor.
- sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to—
- By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that—
- (b) Treatment of individual contracts
- The information required under subsection (a)(2) may be provided on an individual contract basis.
- (c) Waiver
- The Secretary may waive a requirement under subsection (a) if the Secretary—
- determines that such waiver is in the national security interests of the United States; and
- provides to the congressional defense committees notice of such determination, which shall include an identification of the concern of the Secretary, a remedial action plan, and a proposed timeline to meet the requirements of such subsection.
- The Secretary may waive a requirement under subsection (a) if the Secretary—
- (d) Report
- Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following:
- The top scarce supply assets and plans to reach sustainable supply positions by not later than September 30, 2028.
- The readiness condition of afloat and deployment spares packages and efforts available to refresh outdated supplies and spares.
- The fiscal programming, by fiscal year, necessary to reduce deficient parts and depot capabilities to meet the joint strike fighter planning targets by not later than September 30, 2028.
- Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following:
Sec. 341. Modernization of Army arsenals.
- (a) In general
- In order to accelerate the modernization of the organic industrial base of the Army and to expand capacity across the munitions industrial base to meet the munitions requirements of the Army, the Secretary of the Army shall—
- assess existing Army facilities, as well as existing environmental permits, security arrangements, and personnel, to identify facilities that could be used or modified for the production of munitions; and
- in identifying facilities under paragraph (1), ensure that such facilities have enough property that is available and suitable for future industrial or technical development.
- In order to accelerate the modernization of the organic industrial base of the Army and to expand capacity across the munitions industrial base to meet the munitions requirements of the Army, the Secretary of the Army shall—
- (b) Sense of Congress
- It is the sense of Congress that the Secretary should expedite the use or modification of Army facilities to the fullest extent possible in order to increase the rate of production of munitions.
Sec. 342. Limitation on use of funds to reduce the number of civilian personnel employed at Pine Bluff Arsenal, Arkansas, and Red River Army Depot, Texas.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to reduce the number of civilian personnel employed at the Pine Bluff Arsenal, Arkansas, or Red River Army Depot, Texas, until the date on which the Secretary of the Army—
- certifies to the congressional defense committees that such a reduction complies with—
- civilian personnel reduction limitations required by section 2687 of title 10, United States Code;
- the requirement under section 7532 of title 10, United States Code, to have supplies needed for the Department of the Army made in factories or arsenals owned by the United States; and
- overall limitations on depot-level maintenance and repair workload that may be performed by non-Federal Government personnel under a contract pursuant to section 2466 of title 10, United States Code; and
- submits to the congressional defense committees a report that includes—
- a detailed cost analysis associated with each of subparagraphs (A) through (C) of paragraph (1);
- detailed estimates of the costs that will be incurred if the Army moves the white phosphorus ammunition mission away from Pine Bluff Arsenal, including the cost and time associated with acquiring the necessary environmental permits; and
- current capability gaps within the Army that could be filled through the Army organic industrial base, including with respect to s-UAS, battery technology, and brushless motors.
Subtitle D—Organizational Matters
Sec. 351. Establishment of Army museum system.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 775
- (a) In general
- The Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b).
- (b) Criteria for designation
- The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include—
- historical significance to Army operations, technology, or personnel;
- public accessibility and educational outreach programs; and
- alignment with the mission of the Army to preserve its heritage.
- The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include—
- (c) Criteria for closure
- The Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes—
- a plan for the preservation, storage, or alternate display of historical collections contained in the museum;
- how any issues relating to museum personnel will be resolved;
- an identification of any efforts to maintain museum operations through public-private partnerships; and
- an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum.
- The Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes—
- (d) Funding and support
- Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system.
Sec. 352. Authorization to maintain a library in the Department of the Navy.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 803
- (a) Authorization
- The Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Navy.
- (b) Mission
- The mission of a library maintained under this section shall include—
- collecting and preserving naval historical records, manuscripts, artifacts, and publications;
- supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy;
- enhancing the institutional knowledge and operational readiness of the Navy through access to technical, strategic, and doctrinal resources; and
- promoting public understanding of the contributions of the Navy to national defense and maritime history.
- The mission of a library maintained under this section shall include—
Sec. 353. Authorization to maintain a Navy art gallery.
of title 10, United States Code, as amended by section 352, is further amended by adding at the end the following new section: Chapter 803
- (a) Authorization
- The Secretary of the Navy may maintain an art gallery to preserve, display, and promote artwork related to the history, heritage, and operations of the United States Navy.
- (b) Mission
- The mission of an art gallery maintained under subsection (a) shall include—
- to collect and exhibit artworks, including paintings, drawings, and sculptures, that depict naval operations, personnel, and significant historical events;
- to enhance the morale and welfare of Navy personnel by celebrating their service through artistic representation; and
- to educate the public and preserve the cultural legacy of the Navy for future generations.
- The mission of an art gallery maintained under subsection (a) shall include—
Sec. 354. Establishment of United States Navy Museum System.
of title 10, United States Code, is amended by inserting after the following new section: Chapter 861; section 8617
- (a) In general
- The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the . Such system shall include the following museums:
United States Navy Museum System- The National Museum of the United States Navy.
- The United States Naval Academy Museum.
- The Naval War College Museum.
- The Submarine Force Museum.
- The National Naval Aviation Museum.
- The USS Constitution Museum.
- The United States Navy Seabee Museum.
- The Puget Sound Navy Museum.
- The Naval Undersea Museum.
- The National Museum of the American Sailor.
- Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b).
- The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the . Such system shall include the following museums:
- (b) Criteria for designation
- The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (10) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include—
- historical significance to naval operations, technology, or personnel;
- public accessibility and educational outreach programs; and
- alignment with the mission of the Navy to preserve its heritage.
- The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (10) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include—
- (c) Funding and support
- Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System.
Sec. 355. Establishment of Center for the Study of the National Guard.
- (a) Establishment
- of title 32, United States Code, is amended by adding at the end the following new section: Chapter 1
- (a) Establishment
- The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the at an appropriate academic institution that—
Center for the Study of the National Guard- maintains an established relationship with the National Guard Bureau;
- possesses a strong academic program in military history; and
- is situated in proximity to a major National Guard installation.
- The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the at an appropriate academic institution that—
- (b) Responsibilities
- The Center for the Study of the National Guard shall—
- serve as the principal repository for historical documents, oral histories, and other records related to the National Guard;
- conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard;
- facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and
- support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under titles 10 and 32, United States Code.
- The Center for the Study of the National Guard shall—
- (c) Collaboration and support
- The Chief of the National Guard Bureau may—
- collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history;
- provide historical documents, records, and resources to support the research and archival efforts of the Center; and
- facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness.
- The Chief of the National Guard Bureau may—
- (d) Public-private partnership
- The Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government.
- (a) Establishment
- of title 32, United States Code, is amended by adding at the end the following new section: Chapter 1
- (b) Deadline for establishment
- The Secretary of Defense shall establish the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act.
- (c) Congressional briefing
- Not later than one year after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing that includes—
- a description of the selection of the academic institution where the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), is located;
- an identification of the status of the establishment and initial operations of the Center;
- a description of any ongoing efforts between the National Guard Bureau and the Center; and
- the recommendations of the Secretary to enhance the preservation and study of National Guard history.
- Not later than one year after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing that includes—
Sec. 356. Recognition of certain aspects of the National Navy UDT–SEAL Museum in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial.
The Secretary of the Navy shall recognize the National Navy SEAL Museum Memorial, the Memorial Garden and Living Beach, and the Naval Special Warfare K9 Memorial of the National Navy UDT–SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial, respectively, of the Navy SEALs.
Subtitle E—Studies, Reports, and Briefings
Sec. 361. Assessments and plan for increasing access to nutritious food on military installations.
- (a) Assessments
- (1) Requirement
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 23; section 488
- On a biennial basis, the Secretary of Defense shall—
- conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department;
- submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and
- publish such report on a publicly available website of the Department of Defense.
- On a biennial basis, the Secretary of Defense shall—
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 23; section 488
- (2) First report
- Not later than December 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and publish on a publicly available website of the Department of Defense, the first report required under section 489 of title 10, United States Code, as added by paragraph (1).
- (1) Requirement
- (b) Plan
- (1) Requirement
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Assistant Secretary of Defense for Manpower and Reserve Affairs and such other entities as the Secretary of Defense determines appropriate, shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate and publish on a publicly available website of the Department of Defense a plan to increase access to nutritious food on military installations, consistent with recommendations included in the report of the Government Accountability Office titled , and dated June 24, 2024 (GAO–24–106155).
DOD Food Program: Additional Actions Needed to Implement, Oversee, and Evaluate Nutrition Efforts for Service Members
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Assistant Secretary of Defense for Manpower and Reserve Affairs and such other entities as the Secretary of Defense determines appropriate, shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate and publish on a publicly available website of the Department of Defense a plan to increase access to nutritious food on military installations, consistent with recommendations included in the report of the Government Accountability Office titled , and dated June 24, 2024 (GAO–24–106155).
- (2) Elements
- The plan under paragraph (1) shall include a strategy developed by the Assistant Secretary of Defense for Manpower and Reserve Affairs for increasing nutritious menu options at venues that are located on military installations, offer food services to members of the Armed Forces, and are not funded with appropriated amounts (referred to in the report specified in such paragraph as ).
nonappropriated fund food venues
- The plan under paragraph (1) shall include a strategy developed by the Assistant Secretary of Defense for Manpower and Reserve Affairs for increasing nutritious menu options at venues that are located on military installations, offer food services to members of the Armed Forces, and are not funded with appropriated amounts (referred to in the report specified in such paragraph as ).
- (1) Requirement
Sec. 362. Quarterly reports on munitions response projects at sites formerly used by the Department of Defense.
- (a) In general
- Not later than 30 days after the last day of each fiscal quarter that begins after the date of the enactment of this Act, until the termination date specified in subsection (c), the Secretary of the Army, acting through the Commanding General of the United States Army Corps of Engineers, shall submit to the congressional defense committees a report on the status of munitions response projects at sites formerly used by the Department of Defense.
- (b) Elements
- Each report submitted under subsection (a) shall include, for the quarter covered by the report, the following information:
- The number of new task order awards for munitions response projects at sites formerly used by the Department of Defense issued and the total dollar value of such awards.
- The number of optional tasks exercised as part of such projects and the total dollar value of such exercised tasks.
- The number of contract modifications or requests for equitable adjustment issued as part of such projects and the total dollar value of such modifications and adjustments.
- The number of task orders for such projects with expiring funds and the total value of any associated deobligations.
- The number of active munitions response projects at such sites and the contract phase of each project, including whether the project is in the remedial investigation, feasibility study, proposed plan, or decision document or record of decision phase.
- The number of active such projects placed on hold and, for each such project, a summary of the reason for the hold, including delays related to regulatory agencies, rights-of-entry issues, Federal land manager actions, or discrepancies in the number of subsurface anomalies between the statement of work and field conditions.
- Each report submitted under subsection (a) shall include, for the quarter covered by the report, the following information:
- (c) Termination date
- The termination date specified in this subsection is the date that is five years after the date of the enactment of this Act.
Sec. 363. Report on causes and effects of declining aircraft readiness rates.
- (a) Report required
- Not later than May 31, 2026, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the declining rates of aircraft readiness within the fleet of the Air Force (with an emphasis on fighter aircraft within such fleet) and factors contributing to that decline. Such report shall include, with respect to such aircraft, the following:
- A review of mission capability rates over the five fiscal years preceding the date of the submission of the report, including an assessment of key factors contributing to any decline in such rates, such as maintenance backlogs, shortages in aircraft parts, or depot capacity constraints.
- An analysis of the manner and extent to which reductions to the flying hours program of the Air Force or gaps in funding for weapon system sustainment activities may have contributed to lower sortie generation, increased aircraft downtime, and declining rates of aircraft readiness in general.
- An assessment of how personnel and units of the Air Force communicate aircraft status for operations and maintenance purposes, including any discrepancies between pilot debriefs, maintenance write-ups, and data recorded in the Defense Readiness Reporting System of the Department of Defense.
- An assessment of how high-tempo rotational deployments strain the availability of aircraft, accelerate the degradation of aircraft, and affect the long-term readiness of the fleet.
- An analysis of how low rates of aircraft readiness negatively affect the training and readiness of new fighter pilots, including by limiting training opportunities, reducing instructor availability, and generating operational shortfalls.
- Proposed actions to reverse the declining rates of aircraft readiness, improve the effectiveness of aircraft sustainment, and ensure more accurate readiness reporting, including any recommendations for relevant legislative actions.
- Not later than May 31, 2026, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the declining rates of aircraft readiness within the fleet of the Air Force (with an emphasis on fighter aircraft within such fleet) and factors contributing to that decline. Such report shall include, with respect to such aircraft, the following:
- (b) Form
- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 364. Driver simulators in military vehicles.
- (a) Findings
- Congress makes the following findings:
- The report of the Government Accountability Office titled (GAO-21-361) stated,
Military Vehicles: Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training AccidentsDriver inattentiveness, lapses in supervision, and lack of training were among the most common causes of these accidents, according to GAO analysis of Army and Marine Corps data. - Such report further determined that the Army and Marine Corps,
have not developed a well-defined process with performance criteria and measurable standards to train their tactical vehicle drivers from basic qualifications to proficiency in diverse driving conditions, such as driving at night or over varied terrain.
- The report of the Government Accountability Office titled (GAO-21-361) stated,
- Congress makes the following findings:
- (b) Sense of Congress
- It is the sense of Congress that—
- acquisition program baseline budget requests submitted in the budget submission of the President for manned military ground vehicles should include funding specifically allocated to the development, procurement, fielding, and sustainment of driver training simulators with sufficient fidelity to provide accurate visual, auditory, haptic, tactile, and vestibular stimulation to the trainee learning to operate the vehicle; and
- driver training simulators should be—
- incorporated into the lifecycle support for ground vehicles and should adequately simulate all of the environmental conditions in which drivers will be required to operate military ground vehicles in support of the tactical concept of employment of those vehicles;
- available for both initial entry level driver training and for periodic sustainment training of military vehicle drivers; and
- available for each vehicle type in sufficient enough numbers at each military installation to support driver training for the number of licensed drivers at the installation until such vehicle type is removed from service.
- It is the sense of Congress that—
- (c) Report to Congress
- Not later than March 1, 2026, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report containing an assessment of fielded military vehicle programs for which no driver simulator has been fielded to support the vehicle fleet. Such report shall include an updated cost analysis requirement document that includes necessary programming for driver simulators and a phasing plan for the procurement and fielding of driver simulators.
Subtitle F—Other Matters
Sec. 371. Authority to evacuate family pets and contract working dogs during noncombatant evacuations of foreign countries.
Section 2387 of title 10, United States Code, is amended—
- in the section heading, by striking ;
- in the heading for subsection (a), by striking and inserting ;
- by redesignating subsection (c) as subsection (d); and
- (c) Authority to evacuate
- Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of—
- the family pets of citizens of the United States who are evacuated by the Department; and
- contract working dogs located in such country.
- The limitations under this paragraph are as follows:
- The Department of Defense is not responsible for providing veterinary care for a family pet or contract working dog by reason of the evacuation of the pet or dog pursuant to paragraph (1).
- The Secretary may not exercise the authority under paragraph (1) if the exercise of such authority would result in a reduction in the number of individuals who would otherwise be evacuated.
- Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of—
- (c) Authority to evacuate
- by inserting after subsection (b) the following new subsection (c):
Sec. 372. Manned rotary wing aircraft safety.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 157
- (a) Limitation on operation
- Notwithstanding section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (, note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft. Public Law 115–232; 49 U.S.C. 40101
- (b) Waiver authority
- The Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that—
- such waiver is in the national security interests of the United States; and
- a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation.
- The Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that—
- (c) Limitation on delegation
- The Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer.
- (d) Definition of highly trafficked domestic airspace
- The term means—
highly trafficked domestic airspace- the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation; or
- an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49.
- The term means—
Sec. 373. Inclusion of territories in certain intergovernmental support agreements for installation-support services.
Section 2679(f)(3) of title 10, United States Code, is amended—
- by striking before ;
and - by inserting after .
Sec. 374. Transportation of domestic animals by foreign air carrier.
- (a) In general
- Notwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Secretary of Defense is authorized to pay for the transportation by a foreign air carrier of Department of Defense personnel and any in-cabin or accompanying checked baggage or cargo if—
- no air carrier holding a certificate under section 41102 of such title 49 is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and
- the transportation is from a place—
- outside the United States to a place in the United States;
- in the United States to a place outside the United States; or
- outside the United States to another place outside the United States.
- Notwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Secretary of Defense is authorized to pay for the transportation by a foreign air carrier of Department of Defense personnel and any in-cabin or accompanying checked baggage or cargo if—
- (b) Limitation
- An amount paid pursuant to subsection (a) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount.
- (c) Domestic animal defined
- In this section, the term means a dog or a cat.
domestic animal
- In this section, the term means a dog or a cat.
Sec. 375. Adjustment and diversification assistance for State and local governments affected by Army Transformation Initiative.
- (a) Provision of assistance
- Beginning not later than 30 days after the date of the enactment of this Act, subject to the availability of appropriations for such purpose, the Secretary of Defense may provide adjustment and diversification assistance, pursuant to section 2391(b) of title 10, United States Code, to State and local governments affected by the actions taken under the Army Transformation Initiative with respect to—
- Red River Army Depot, Texas;
- Pine Bluff Arsenal, Arkansas; and
- such other Army installations as are identified by the Secretary.
- Beginning not later than 30 days after the date of the enactment of this Act, subject to the availability of appropriations for such purpose, the Secretary of Defense may provide adjustment and diversification assistance, pursuant to section 2391(b) of title 10, United States Code, to State and local governments affected by the actions taken under the Army Transformation Initiative with respect to—
- (b) Report
- Not later than 60 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- an identification of the amount of adjustment and diversification assistance anticipated to be provided during fiscal year 2026 to State and local governments for each Army installation; and
- an identification of options to address any capability gaps of the Army that could be filled through the Army organic industrial base.
- Not later than 60 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
Sec. 376. Availability of milk at dining facilities on military installations.
- (a) In general
- The Secretary of Defense shall ensure that milk is available to members of the Armed Forces at dining facilities on military installations.
- (b) Prohibition
- The Secretary may not, to carry out this section, purchase milk from an entity owned or controlled by a foreign adversary, as determined by the Secretary of Commerce under section 7.4 of title 15, Code of Federal Regulations (or any successor regulation).
- (c) Definition of milk
- In this section, the term has the meaning given such term in section 133.3 of title 21, Code of Federal Regulations (or any successor regulation) and includes fluid or powdered
milk.
- In this section, the term has the meaning given such term in section 133.3 of title 21, Code of Federal Regulations (or any successor regulation) and includes fluid or powdered
Sec. 377. Minimum standards for military working dog kennels and facilities.
- (a) Establishment of Minimum Standards
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of each military department, veterinary experts, and military working dog program managers, shall establish and implement minimum standards for kennels and other facilities used to house military working dogs. Such minimum standards shall include each of the following:
- Requirements for space and design to ensure each military working dog has sufficient space to stand, turn around, lie down comfortably, and engage in natural behaviors.
- Standards for environmental conditions to ensure adequate ventilation, temperature control, and protection from extreme weather conditions.
- Standards for sanitation and hygiene to ensure kennels and other facilities can be easily cleaned and disinfected.
- Requirements related to safety and security to prevent military working dogs from escaping and being injured and preventing access to kennels and other facilities by unauthorized individuals.
- Standards for access to veterinary care to address the routine and emergency medical care needs of military working dogs, either at a military veterinary treatment facility or through sufficient on-site veterinary capabilities.
- Requirements related to daily access to exercise areas.
- Required annual inspections to ensure compliance with such standards.
- Such other standards and requirements as the Secretary of Defense determines are appropriate.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of each military department, veterinary experts, and military working dog program managers, shall establish and implement minimum standards for kennels and other facilities used to house military working dogs. Such minimum standards shall include each of the following:
- (b) Implementation and Compliance
- (1) Existing facilities
- (A) Assessment
- Not later than one year after the date of the establishment of the standards required under subsection (a), the Secretary of Defense, acting through the Executive Agent for the Department of Defense Military Working Dog Program, shall ensure that each kennel and other facility used to house military working dogs under the jurisdiction of the Department of Defense are assessed to determine the extent to which such kennels and facilities are in compliance with such standards.
- (B) Modification
- Not later than three years after the date of the enactment of this Act, the Secretary, acting through the Executive Agent, shall ensure that each such kennel and facility is modified to the extent required to comply with such standards.
- (A) Assessment
- (2) New Facilities
- The Secretary, acting through the Executive Agent, shall ensure that any kennel or other facility used to house military working dogs under the jurisdiction of the Department that is constructed or renovated after the date of enactment of this Act is in compliance with such standards before such kennel or facility is used to house such a military working dog.
- (1) Existing facilities
- (c) Waiver Authority
- The Secretary of Defense may waive a specific requirement or standard developed under subsection (a), on a case-by-case basis, if the Secretary determines that such a waiver is required to provide for a temporary deployment or exigent circumstances. The Secretary may not issue a waiver under this subsection unless the Secretary—
- provides for the implementation of alternative measures to ensure the welfare of any dogs affected by the waiver; and
- submits to the Committees on Armed Services of the Senate and House of Representatives a report containing notice of the waiver, a justification for such waiver, and a description of the alternative measures provided under paragraph (1).
- The Secretary of Defense may waive a specific requirement or standard developed under subsection (a), on a case-by-case basis, if the Secretary determines that such a waiver is required to provide for a temporary deployment or exigent circumstances. The Secretary may not issue a waiver under this subsection unless the Secretary—
Sec. 378. Restroom access at military installations for certain transportation service providers.
- (a) Restroom access
- The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom—
- located at or in close proximity to the covered location;
- to which any covered driver, while providing a transportation protective service involving the transport of sensitive cargo to or from the covered location on behalf of the Department of Defense, is authorized access;
- that to the extent practicable, provides for privacy, hand washing, accessibility, and gender-specific needs; and
- in the case of a portable restroom, that is vented and equipped with adequate lighting (which may be achieved through supplementation with a temporary lighting source, as necessary).
- The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom—
- (b) Location
- The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in—
- a security risk, as determined by the Secretary;
- a health or safety risk to the covered driver; or
- a violation of any other regulation or policy of the Department.
- The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in—
- (c) Notification of noncompliance
- In carrying out subsection (a), the Secretary shall—
- establish a process by which a covered driver may provide to the Secretary timely notification of any covered location with respect to which access to a restroom is not provided consistent with such subsection; and
- upon receiving such a notification, coordinate with the commander of the military installation concerned or other appropriate officer or employee of the Department to ensure such access is provided.
- In carrying out subsection (a), the Secretary shall—
- (d) Definitions
- In this section:
- The terms , , , , and have the meanings given those terms in the publication of the Military Surface Deployment and Distribution Command of the Department of Defense issued October 4, 2024, and titled , or any successor thereto.
arms, ammunition, and explosivessafe havensecure holding areasecure holding locationtransportation protective serviceMilitary Freight Traffic Unified Rules Publication-1 (MFTURP-1) - The term has the meaning given that term in section 31101 of title 49, United States Code.
commercial motor vehicle - The term means an operator of a commercial motor vehicle—
covered driver - The term means a safe haven, secure holding area, or secure holding location at a military installation or other facility of the Department of Defense.
covered location - The terms and have the meanings given those terms in section 2801(c) of title 10, United States Code.
facilitymilitary installation - The term means—
sensitive cargo
- The terms , , , , and have the meanings given those terms in the publication of the Military Surface Deployment and Distribution Command of the Department of Defense issued October 4, 2024, and titled , or any successor thereto.
- In this section:
Sec. 379. Regulations applicable to wearing optional combat boots.
- (a) In general
- Not later than two years after the date of the enactment of this section, the Secretary of Defense shall issue regulations to prohibit any member of the Armed Forces from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of—
- materials grown, reprocessed, reused, or produced in the United States; and
- components that are manufactured entirely in the United States and entirely made of materials described in paragraph (1).
- Not later than two years after the date of the enactment of this section, the Secretary of Defense shall issue regulations to prohibit any member of the Armed Forces from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of—
- (b) Waiver
- The requirements of subsection (a) may be waived if a member of the Armed Forces provides a medical justification authorized by the commanding officer of such member to wear optional combat boots as part of a required uniform.
- (c) Exception
- The requirements of subsection (a) shall not apply to a member of the Armed Forces within a combat arms military occupational specialty who is in a deployed status.
- (d) Definitions
- In this section:
- The term , with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense.
optional combat boots - The term
required uniformmeans a uniform a member of the Armed Forces is required to wear as a member of the Armed Forces.
- The term , with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense.
- In this section:
Sec. 380. Initiative to control spread of greater banded hornet in Guam.
- (a) In general
- The Secretary of Defense shall enhance efforts to manage, control, and interdict the greater banded hornet on military installations in Guam.
- (b) Authorized activities
- The efforts required under subsection (a) shall include the following:
- Carrying out science-based management and control programs to reduce the effect of the greater banded hornet on military installations and to prevent the introduction or spread of the greater banded hornet to areas where such hornet has not yet been established.
- Providing support for interagency and intergovernmental response efforts to control, interdict, monitor, and eradicate the greater banded hornet on military installations in Guam.
- Pursuing chemical, biological, and other control techniques, technology transfer, and best practices to support management, control, interdiction and, where possible, eradication of the greater banded hornet in Guam.
- Establishing an early detection and rapid response mechanism to monitor and deploy coordinated efforts if the greater banded hornet, or an other newly detected invasive alien species, is detected at new sites on military installations in Guam.
- Carrying out such other activities as the Secretary determines appropriate to manage, control, and interdict the greater banded hornet on military installations in Guam.
- The efforts required under subsection (a) shall include the following:
- (c) Annual briefings
- Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the next three years, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of this section, which shall include detailed information about the efforts of the Secretary to manage, control, and interdict the greater banded hornet on military installations in Guam.
Sec. 381. Limitation on use of funds for Army initial entry rotary wing training.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended for the Next Generation Initial Entry Rotary Wing training program (Flight School Next) at Fort Novosel, Alabama, until—
- the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a business case analysis that includes an analysis of the Army initial entry rotary wing training currently provided at Fort Novosel, Alabama, and options for changing such training in order to increase the quality of the training, reduce costs, and gain efficiencies; and
- the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the business case analysis submitted under paragraph (1).
Title IV—Military Personnel Authorizations
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2026, as follows:
- The Army, 454,000.
- The Navy, 344,600.
- The Marine Corps, 172,300.
- The Air Force, 321,500.
- The Space Force, 10,400.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
- (a) In general
- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2026, as follows:
- The Army National Guard of the United States, 328,000.
- The Army Reserve, 172,000.
- The Navy Reserve, 57,500.
- The Marine Corps Reserve, 33,600.
- The Air National Guard of the United States, 106,300.
- The Air Force Reserve, 67,500.
- The Coast Guard Reserve, 8,500.
- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2026, as follows:
- (b) End strength reductions
- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
- the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
- the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
- (c) End strength increases
- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2026, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
- The Army National Guard of the United States, 30,845.
- The Army Reserve, 16,511.
- The Navy Reserve, 10,409.
- The Marine Corps Reserve, 2,400.
- The Air National Guard of the United States, 25,171.
- The Air Force Reserve, 6,218.
Sec. 413. End strengths for military technicians (dual status).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2026 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
- For the Army National Guard of the United States, 21,294.
- For the Army Reserve, 6,258.
- For the Air National Guard of the United States, 10,405.
- For the Air Force Reserve, 6,455.
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
During fiscal year 2026, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
- The Army National Guard of the United States, 17,000.
- The Army Reserve, 13,000.
- The Navy Reserve, 6,200.
- The Marine Corps Reserve, 3,000.
- The Air National Guard of the United States, 16,000.
- The Air Force Reserve, 14,000.
Sec. 415. Excluding members of the National Guard performing certain duty from counting for active-duty end strengths.
Section 115(i) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- Members of the National Guard on active duty or full-time National Guard duty for the purpose of supporting military intelligence operations under section 12301(d) of this title.
Subtitle C—Authorization of Appropriations; Reports
Sec. 421. Military personnel.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
- (b) Construction of authorization
- The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2026.
Sec. 422. Streamlining of total force reporting requirements.
- (a) Repeal of annual report on military technicians
- Section 115a of title 10, United States Code, is amended by striking subsection (g).
- (b) Incorporation of annual civilian personnel management report into annual defense manpower profile report
- (1) In general
- Such section is further amended—
- by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
- (d)
- The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of—
- the Office of the Secretary of Defense;
- the Defense Agencies;
- the Department of Defense Field Activities; and
- the military departments.
- The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of—
- (d)
- by inserting after subsection (c) the following new subsection (d):
- by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
- Such section is further amended—
- (2) Transfer
- Paragraph (2) of section 129(c) of such title—
- is amended, in the matter preceding subparagraph (A)—
- (i) by striking
Each report under paragraph (1) shall containand insertingThe matter to be included in each discussion under paragraph (1); and - (ii) by striking
under the jurisdiction of the official submitting the report,and insertingof each element of the Department of Defense named in such paragraph, is; and
- (i) by striking
- is transferred to section 115a and inserted at the end of subsection (d) of such section, as added by paragraph (1) of this subsection.
- is amended, in the matter preceding subparagraph (A)—
- Paragraph (2) of section 129(c) of such title—
- (3) Conforming repeal of requirement for separate annual civilian personnel management report
- Section 129 of such title is amended by striking subsection (c).
- (1) In general
Title V—Military Personnel Policy
Subtitle A—Officer Policy
Sec. 501. Treatment of Space Force officers for purposes of laws relating to authorized number and distribution of officers in general officer grades.
- (a) Distribution of commissioned officers on active duty in general officer grades
- Section 525 of title 10, United States Code, is amended—
- in subsection (a)—
- in the matter preceding paragraph (1), by inserting after ;
- in paragraph (5)—
- (i) in subparagraph (A), by striking
officers in the grade of generaland insertingofficers on sustained duty orders in the grade of general; - (ii) in subparagraph (B), by striking
officers in a grade aboveand insertingofficers on sustained duty orders in a grade above; and - (iii) in subparagraph (C), by striking
officers in the gradeand insertingofficers on sustained duty orders in the grade; and
- (i) in subparagraph (A), by striking
- (3)
- The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five.
- Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).
- in subsection (h), by adding at the end the following new paragraph:
- in subsection (a)—
- Section 525 of title 10, United States Code, is amended—
- (b) Exclusion of certain officers from authorized strength of Space Force general officers on active duty
- Section 526 of such title is amended—
- in subsection (c)—
- in the subsection heading, by inserting after ;
- in paragraph (1), by inserting after ;
- The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days.
- in paragraph (2), by adding at the end the following new subparagraph:
- in paragraph (3)(A), by inserting after ; and
- in subsection (d)—
- by striking
orat the end of paragraph (1); - by striking the period at the end of paragraph (2) and inserting ; and
- a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders.
- by adding at the end the following new paragraph:
- by striking
- in subsection (c)—
- Section 526 of such title is amended—
- (c) Strength in grade of Space Force general officers in space force active status not on sustained duty
- (a) Authorized strength
- The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five.
- (b) Exclusions
- The following Space Force general officers shall not be counted for purposes of this section:
- Those counted under section 526 of this title.
- Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two.
- The following Space Force general officers shall not be counted for purposes of this section:
- (c) Permanent grade
- A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a).
- (d) Temporary exclusion
- The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time.
- Chapter 2003 of such title is amended by adding at the end the following new section:
- (a) Authorized strength
Sec. 502. Redistribution of general officers on active duty from the Air Force to the Space Force.
Section 526(a) of title 10, United States Code, is amended—
- in paragraph (3), by striking and inserting ; and
- in paragraph (5), by striking and inserting .
Sec. 503. Authority to waive prohibition on officers serving on successive selection boards for boards to consider officers for promotion to major general or rear admiral.
Section 612(b) of title 10, United States Code, is amended—
- by inserting after ; and
- Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may waive the limitation in paragraph (1) in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board.
- by adding at the end the following new paragraph:
Sec. 504. Chaplains: career flexibility; detail as students at schools for education required for appointment.
- (a) Career flexibility for chaplains
- Subsection (a) of section 710 of title 10, United States Code, is amended—
- by inserting before ; and
- If the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon such completion so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned.
- by adding at the end the following new paragraph:
- by inserting before ; and
- Subsection (a) of section 710 of title 10, United States Code, is amended—
- (b) Detail as students at schools for education required for appointment as a chaplain
- of title 10, United States Code, is amended by inserting after the following new section 2004c: Chapter 101; section 2004b
- (a) Detail authorized
- The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year.
- (b) Eligibility for detail
- To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must—
- (1)
- have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or
- have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin;
- in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and
- sign an agreement that unless sooner separated the officer or enlisted member will—
- complete the educational course of chaplaincy training; and
- if the Secretary of the military department concerned carries out a program under section 710 of this title—
- (i) agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and
- (ii) accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i).
- (c) Service obligation
- The agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty.
- (d) Selection of officers and enlisted members for detail
- Officers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.
- (e) Relation of service obligations to other service obligations
- Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement.
- (f) Expenses
- Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned.
- (g) Failure to complete program
- An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—
- perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or
- repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f).
- An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—
- (h) Limitation on details
- No agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.
- (a) Detail authorized
- of title 10, United States Code, is amended by inserting after the following new section 2004c: Chapter 101; section 2004b
Sec. 505. Ranks of Judge Advocates General.
- (a) Army
- Section 7037(a) of title 10, United States Code, is amended by adding at the end the following: .
The Judge Advocate General, while so serving, has the grade of lieutenant general. - Army
- Section 7037(a) of title 10, United States Code, is amended by adding at the end the following: .
- (b) Navy
- Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: .
The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.
- Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: .
- (c) Air Force
- Section 9037(a) of title 10, United States Code, is amended by adding at the end the following: .
The Judge Advocate General, while so serving, has the grade of lieutenant general. - Air Force
- Section 9037(a) of title 10, United States Code, is amended by adding at the end the following: .
Sec. 506. Procedures for selection of Space Force officers for promotion to major general.
- (a) Selection boards
- (1) Boards to recommend for promotion to major general officers who are exceptionally well qualified
- (a) Criteria for recommendation of officers for promotion
- A selection board convened under section 20211 of this title to consider officers for promotion to a grade below major general shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Space Force for officers with particular skills (as noted in the guidelines or information furnished the board under section 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board.
- A selection board convened under section 20211 of this title to consider officers for promotion to the grade of major general shall recommend for promotion to such grade those officers considered by the board whom the board considers exceptionally well qualified for promotion.
- Subsection (a) of section 20215 of title 10, United States Code, is amended to read as follows:
- (a) Criteria for recommendation of officers for promotion
- (2) Requirement for majority action by board members
- Subsection (c)(3) of such section is amended by inserting after the following: .
- (3) Inapplicability of provision relating to promotion list order
- Subsection (g)(1) of such section is amended by adding at the end the following new sentence: .
This subsection does not apply to a selection board convened to consider officer for recommendation to the grade of major general.
- Subsection (g)(1) of such section is amended by adding at the end the following new sentence: .
- (4) Reports of selection boards
- Section 20216(a)(2)) of such title is amended by inserting after the following: .
- (5) Inapplicability of authority to adjust placement of officers in board report
- Section 20217 of such title is amended—
- in subsection (a), by striking ; and
- in the section heading, by striking the last three words.
- Section 20217 of such title is amended—
- (1) Boards to recommend for promotion to major general officers who are exceptionally well qualified
- (b) Promotions to major general
- (1) Promotions to fill vacancies
- Section 20239 of such title is amended—
- in subsection (b)(3), by striking
Except as provided in subsections (e) and (f)and insertingExcept as provided in subsections (d), (f), and (g); - by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and
- (d) Promotion to major general
- (1) Certificate of eligibility for promotion
- When the Senate gives it advice and consent to the promotion of an officer to the grade of major general, the Secretary of the Air Force shall issue to the officer a certificate of eligibility for promotion, dated as of the date on which the Senate gave its advice and consent.
- (2) Promotion to fill vacancy
- Officers who have a certificate of eligibility under paragraph (1) shall be promoted to fill vacancies as they occur in positions designated to carry the grade of major general. Such promotions shall be made in accordance with regulations prescribed by the Secretary of the Air Force, based upon the needs of the service.
- (3) Duration of certificate of eligibility
- A certificate of eligibility issued under paragraph (1) expires at the end of the period beginning on the date as of when the certificate of eligibility was issued and ending on the first day of the eighteenth month following the month during which the certificate was so issued.
- (1) Certificate of eligibility for promotion
- (d) Promotion to major general
- by inserting after subsection (c) the following new subsection (d):
- in subsection (b)(3), by striking
- Section 20239 of such title is amended—
- (2) Removal from promotion list
- Section 20241 of such title is amended—
- by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
- (d) Removal upon expiration of certificate of eligibility
- If an officer who has been issued a certificate of eligibility for promotion to the grade of major general under 20239(d) of this title is not appointed to such grade before the expiration of the certificate of eligibility pursuant to such section, the officer’s name shall be removed from the promotion list.
- (d) Removal upon expiration of certificate of eligibility
- by inserting after subsection (c) the following new subsection (d):
- in paragraph (1) of subsection (f), as so redesignated—
- (i) by striking
subsection (a), (b), or (c)and insertingsubsection (a), (b), (c), or (d); and - (ii) by adding at the end the following new sentence: .
The authority of the Secretary of the Air Force under the preceding sentence does not apply in the case of such an officer who is promoted to the grade of major general following removal from a list under subsection (d).
- (i) by striking
- by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
- Section 20241 of such title is amended—
- (1) Promotions to fill vacancies
- (c) Technical and conforming amendments
- Title 10, United States Code, is amended as follows:
- Section 615(a)(1) is amended by striking .
- Section 20203 is amended by redesignating the second subsection (b) and subsections (c), (d), (e), and (f) as subsections (c), (d), (e), (f), and (g), respectively.
- Section 20214 is amended by inserting before the period at the end the following: .
- Section 20215(g)(1) is amended by striking
section 624(a)(1)and insertingsection 20239(a)(1). - Section 20217(a) is amended by striking
section 20215and insertingsection 20216. - Section 20231 is amended—
- in subsection (a)(1), by striking
section 14101(a)and insertingsection 20211; and - in subsection (b)(1), by striking
section 20151and insertingsection 20252.
- in subsection (a)(1), by striking
- Section 20239 is amended—
- in subsection (a)(1), by striking
modifiedand insertingadjusted; - in subsection (c)(1), by striking
subsection (f)and insertingsubsection (g).
- in subsection (a)(1), by striking
- Section 20241(c) is amended by striking in paragraphs (1) and (3) and inserting
section 20239(a)(1). - Section 20251(a)(2) is amended by striking
section 14201and insertingsection 14101.
- Title 10, United States Code, is amended as follows:
Sec. 507. Establishment of blast safety officer positions.
- (a) Establishment
- Not later than September 30, 2026, the Secretary of Defense shall establish blast safety officer positions in the Army, Navy, Marine Corps, Air Force, and Space Force.
- (b) Duties
- Duties of a blast safety officer shall include the following, in accordance with standards established pursuant to section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note): Public Law 117–263; 10 U.S.C. 1071
- Monitoring and mitigating blast and overpressure exposure to members of such Armed Forces during live-fire or explosive exercises, including breaching exercises. A blast safety officer may order the cessation of such an exercise if exposure exceeds safe thresholds.
- Briefing members of such Armed Forces, before an exercise, regarding the health risks of blast exposure and mitigation protocols (including minimum safe distances).
- Overseeing the use of personal protective equipment and wearable sensors by such members during such an exercise.
- Investigating blast overpressure incidents, reporting findings, and coordinating with health care providers to address risks to the health of affected members.
- Maintaining blast overpressure exposure logs to support future mitigation.
- Coordinating with range safety officers and personnel.
- Duties of a blast safety officer shall include the following, in accordance with standards established pursuant to section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note): Public Law 117–263; 10 U.S.C. 1071
- (c) Assignments
- The Secretary of a military department concerned shall assign a blast safety officer to each special mission unit in each such Armed Force.
- (d) Training; certification
- A blast safety officer shall receive training and maintain a certification in blast safety.
Sec. 508. Designation of at least one general officer of the Marine Corps Reserve as a joint qualified officer.
The Secretary of Defense shall ensure that at least one general officer of the Marine Corps Reserve is designated as a joint qualified officer.
Subtitle B—Reserve Component Management
Sec. 511. Grades of certain chiefs of reserve components.
- (a) In general
- (1) Chief of Army Reserve
- Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph:
- The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.
- Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph:
- (2) Chief of Navy Reserve
- Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.
- Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- (3) Commander, Marine Forces Reserve
- Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general.
- Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- (4) Chief of Air Force Reserve
- Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.
- Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
- (1) Chief of Army Reserve
- (b) Effective date
- The amendments made by subsection (a) shall take effect on the day that is one year after the date of the enactment of this Act and shall apply to appointments made on or after such day.
Sec. 512. Pilot authority for extended length of orders to active duty for preplanned missions in support of the combatant commands.
Section 12304b of title 10, United States Code, is amended—
- by redesignating subsection (i) as subsection (j);
- (i) Temporary authority for extended activation for Marine Corps
- The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting for .
545 consecutive days365 consecutive days - In carrying out paragraph (1), the Secretary of the Navy may not order a unit to active duty in direct support of an operation for more than 365 consecutive days. For purposes of this paragraph, direct support does not include training, exercises, or preparation activities prior to deployment to support an operation.
- The authority under this subsection shall terminate on December 31, 2030.
- The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting for .
- (i) Temporary authority for extended activation for Marine Corps
- by inserting after subsection (h) the following new subsection:
- in subsection (j), as redesignated by paragraph (1) of this section, by striking
section 231(f)(2)and insertingsection 231.
Sec. 513. Prohibition on consideration of amount of time of service in activation of reserve members.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 1209
- (a) Prohibition
- In evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider—
- the amount of time of service in the armed forces of such member;
- the amount of time of service on active duty of such member; or
- the amount of time of service on active duty by such member that would result in such member becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title).
- In evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider—
- (b) Information Available for Consideration
- In carrying out this section, the Secretary concerned—
- shall ensure that no information regarding the amount of time of service in the armed forces of a member or the age of such member is made available to any person evaluating such member for suitability for active duty; and
- may provide that information on relevant experience of a member, including the amount of time a member has performed duties relevant to the duty for which such member is being considered, is made available to a person evaluating such member for suitability for active duty.
- In carrying out this section, the Secretary concerned—
Sec. 514. Active and inactive transfers of officers of the Army National Guard and Air Force National Guard.
Section 303 of title 32, United States Code, is amended by adding at the end the following new subsections:
- (d)
- Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard—
- who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; or
- transferred pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy described in such paragraph.
- Under regulations prescribed by the Secretary of the Air Force, an officer of the Air Force National Guard—
- who fills a vacancy in a federally recognized unit of the Air Force National Guard may be transferred from the active Air Force National Guard to the inactive Air Force National Guard; or
- transferred pursuant to paragraph (1) may be transferred from the inactive Air Force National Guard to the active Air Force National Guard to fill a vacancy described in such paragraph.
- Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard—
Sec. 515. National Guard: Active Guard and Reserve duty in response to a State disaster.
- (a) In general
- of title 32, United States Code, is amended by inserting after the following new section: Chapter 3; section 328
- (a) Authority
- The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as .
State disaster response duty
- The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as .
- (b) Requirements
- State disaster response duty performed pursuant to this section—
- shall be on a reimbursable basis, in accordance with subsection (c);
- may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and
- shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—
- 7 days, if the Secretary determines that such extension is appropriate; and
- 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (). 6 U.S.C. 311
- State disaster response duty performed pursuant to this section—
- (c) Reimbursement
- The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section.
- Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds.
- Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—
- the appropriation, fund, or account used to pay such costs; or
- an appropriation, fund, or account available for the purposes for which such costs were incurred.
- If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed—
- unless authorized by the Secretary of Defense; and
- after the requesting chief executive obligates funds for the amount in arrears.
- (d) Limitation of liability
- While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section.
- (e) Definitions
- In this section:
- The term has the meaning given such term in section 101 of title 10.
Active Guard and Reserve duty - The term has the meaning given such term in section 901 of this title.
State
- The term has the meaning given such term in section 101 of title 10.
- In this section:
- (a) Authority
- of title 32, United States Code, is amended by inserting after the following new section: Chapter 3; section 328
- (b) Regulations
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations under section 328A of such title, as added by subsection (a).
Sec. 516. FireGuard Program: program of record; authorization.
Section 510 of title 32, United States Code, is amended—
- in subsection (a)—
- by inserting before ;
- by inserting after ; and
- The FireGuard Program is authorized through December 31, 2031.
- by adding at the end the following new paragraph:
- (c) Annual briefing
- Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements:
- The States (as such term is defined in section 901 of this title), counties, municipalities, and Tribal governments that received information under the FireGuard Program.
- A comparative analysis of a map of—
- each wildfire, initially provided to an entity described in paragraph (1) through the FireGuard Program; and
- the perimeter of such wildfire after containment.
- An analysis of the time between the detection of a fire via raw satellite data and alerts being sent to local responders.
- A review of efforts undertaken to integrate emerging satellite and aerial surveillance technologies from qualified private, nonprofit, and public sector sources.
- Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements:
- by adding at the end the following new subsection:
Subtitle C—General Service Authorities and Military Records
Sec. 521. Women’s initiative teams.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (a) Establishment
- The Secretary concerned shall establish a women’s initiative team in each of the Army, Navy, Air Force, Marine Corps, and Space Force to identify and address barriers, if any, to the service, recruitment, retention, and advancement of women in those armed forces.
- (b) Duties
- Each women’s initiative team established under subsection (a) shall—
- identify and address issues, if any, that hinder service by women in the armed force in which such team is established;
- support the recruitment and retention of women in such armed force;
- recommend policy changes that support the needs of women members of such armed force; and
- foster a sense of community.
- Each women’s initiative team established under subsection (a) shall—
- (c) Composition
- Each women’s initiative team established under subsection (a) shall be composed of members of the armed force in which such team is established of a variety of ranks, backgrounds, and occupational specialities.
- (d) Collaboration
- A women’s initiative team established under subsection (a) shall work collaboratively with the leadership of the armed force in which such team is established and other stakeholders to carry out the duties described in subsection (b).
- (a) Establishment
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (b) Reports
- Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after such date, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and progress of each women’s initiative team established under section 996 of title 10, United States Code, as added by subsection (a). Each report shall include the following:
- A description of the structure, membership, and organizational alignment of each women’s initiative team.
- A summary of key activities and initiatives undertaken by each team.
- An assessment of the impact of such activities on improving conditions for women, including measurable outcomes where available.
- Recommendations for legislative or policy changes to further support the success of the teams.
- Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after such date, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and progress of each women’s initiative team established under section 996 of title 10, United States Code, as added by subsection (a). Each report shall include the following:
Sec. 522. Individual Longitudinal Exposure Record: codification; expansion.
- (a) Expansion
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (a) Establishment
- The Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the .
Individual Longitudinal Exposure Record
- The Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the .
- (b) Elements
- The Individual Longitudinal Exposure Record includes the following elements:
- Service records of members of the armed forces.
- All non-classified data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards.
- Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data.
- The Individual Longitudinal Exposure Record includes the following elements:
- (c) Service records
- If a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member.
- (d) Data sharing
- The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following:
- The Secretary of Veterans Affairs.
- The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense.
- The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department.
- The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death.
- The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following:
- (e) Annual report
- The Secretary of Defense shall submit, to the committees specified in paragraph (2), an annual report regarding the Individual Longitudinal Exposure Record.
- The committees specified in this paragraph are the following:
- The Committee on Armed Services of the Senate.
- The Committee on Armed Services of House of Representatives.
- The Committee on Veterans’ Affairs of the Senate.
- The Committee on Veterans’ Affairs of the House of Representatives.
- The Committee on Commerce, Science, and Transportation of the Senate.
- The Committee on Transportation and Infrastructure of the House of Representatives.
- (a) Establishment
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (b) Conforming amendment
- Section 1171(b)(2) of title 38, United States Code, is amended to read as follows:
- The term means the database maintained under section 996 of title 10.
Individual Longitudinal Exposure Record
- The term means the database maintained under section 996 of title 10.
- Section 1171(b)(2) of title 38, United States Code, is amended to read as follows:
Sec. 523. Codification of additional basic branches of the Army.
Section 7063(a) of title 10, United States Code, is amended—
- in paragraph (12), by striking and inserting a semicolon;
- by redesignating paragraph (13) as paragraph (24); and
- Air Defense Artillery;
- Aviation;
- Cavalry Scout;
- Psychological Operations;
- Special Forces;
- Civil Affairs;
- Cyber;
- Electronic Warfare;
- Military Intelligence;
- Public Affairs;
- Army Music; and
- by inserting after paragraph (12) the following new paragraphs:
Sec. 524. Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions.
- (a) Merit requirement
- All Department of Defense military personnel actions, including accessions, promotions, assignments, command selection, and military and civil schooling selection and training, shall be based exclusively on individual merit, fitness, capability, and performance.
- (b) Consideration of race prohibited
- Consideration of an individual’s race, ethnicity, or national origin in any military personnel action is prohibited throughout the Department of Defense.
- (c) Limited exception for tasking of specific missions
- (1) In general
- This section shall not be construed to prohibit tasking for specific, unconventional missions in foreign countries, where the anticipated ground operating environment of indigenous populations may justify consideration of race, ethnicity, or national origin when tasking for the mission to optimize mission success.
- In general
- (2) Combatant commander approval required
- Any tasking pursuant to the exception described in paragraph (1) shall require the approval of the combatant commander concerned.
- (3) Reporting requirement
- Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe—
- the mission, including location and duration;
- the staffing of the mission;
- the demographic factors warranting the tasking;
- the number of personnel involved, including their rank, position, and race, ethnicity, and national origin; and
- the rationale for the tasking.
- Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe—
- (1) In general
Sec. 525. Prohibition on use of Federal funds for diversity, equity, and inclusion.
None of the funds authorized to be appropriated by this Act may be used for matters or programs relating to diversity, equity, and inclusion.
Sec. 526. Prohibition of new COVID–19 vaccine mandate for members of the Armed Forces.
The Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (). Public Law 117–263
Subtitle D—Recruitment and Accession
Sec. 531. Recruitment: improvements relating to secondary schools and institutions of higher education.
- (a) Recruiting at secondary schools
- Section 503(c)(1)(A) of title 10, United States Code, is amended—
- in clause (i), by striking
the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those studentsand insertingmeaningful access to secondary schools (including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities; and - in clause (iii)—
- by inserting after ; and
- by inserting after .
- in clause (i), by striking
- Section 503(c)(1)(A) of title 10, United States Code, is amended—
- (b) Recruiting at institutions of higher education
- Section 983(b) of title 10, United States Code, is amended—
- in paragraph (1), by striking
in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employerand inserting(including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities; and - in paragraph (2)—
- in subparagraph (A)—
- (i) by inserting after ;
- (ii) by striking
60th day following the date of a requestand inserting60 days after receiving a request during the first 60 days of the academic year, and not later than 30 days after the date of a request during another period of time; and - (iii) by striking and inserting a semicolon;
- in subparagraph (B), by striking the period at the end and inserting
; and; and- whether the student submitted a Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 () (if collected by the institution); and 20 U.S.C. 1090
- by adding at the end the following new subparagraph:
- in subparagraph (A)—
- by adding at the end the following new paragraph:
- access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester—
- the information required under paragraph (2); and
- the reason why such students did not return, if collected by the institution.
- access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester—
- in paragraph (1), by striking
- Section 983(b) of title 10, United States Code, is amended—
- (c) Types of affiliation for JROTC units
- (1) Authorization
- The Secretary of Defense may establish, with regards to the Junior Reserve Officers’ Training Corps (hereinafter, ) , the following types of affiliation:
JROTC - (A) Host unit
- A host unit is a unit at a secondary educational institution that has at least one instructor for the unit and has entered into a memorandum of understanding under section 2031(b) of title 10, United States Code.
- (B) Cross-town unit
- A cross-town unit is a unit that operates without an instructor pursuant to section 2035(b)(2)(B) of title 10, United States Code, and has entered into an agreement with a host unit to allow students of the cross-town unit to participate in JROTC activities at the campus of the host unit.
- The Secretary of Defense may establish, with regards to the Junior Reserve Officers’ Training Corps (hereinafter, ) , the following types of affiliation:
- (2) Guidance
- If the Secretary establishes the types of affiliation under paragraph (1), the Secretary shall prescribe guidance that clarifies the roles, responsibilities, and requirements for each such type.
- (3) Report
- Not later than 180 days after the Secretary creates such types of affiliation, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such affiliations. Such a report shall include the following elements:
- The number and locations of cross-town units.
- Total enrollment numbers for each cross-town units.
- Recommendations for further improvements or changes to enhance the effectiveness of JROTC.
- Not later than 180 days after the Secretary creates such types of affiliation, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such affiliations. Such a report shall include the following elements:
- (1) Authorization
- (d) Report on honor schools
- Not later than September 30, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on schools designated as honor schools by the Secretaries of the Army, Navy, and Air Force. Such report shall include the following elements:
- The criteria for such designation.
- A list of schools so designated.
- The percentage of honor graduates of honor schools who, after nomination pursuant to subsection (b)(4) of section 7442, 8454, or 9442 of title 10, United States Code, enroll as cadets or midshipmen at a Service Academy (as such term is defined in section 347 of title 10, United States Code).
- Not later than September 30, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on schools designated as honor schools by the Secretaries of the Army, Navy, and Air Force. Such report shall include the following elements:
Sec. 532. Alternative service in the defense industrial base by individuals denied enlistment.
- (a) In general
- Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (c) Alternative service in the defense industrial base
- The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about with opportunities to work in the defense industrial base.
- An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment.
- In carrying out the program, the Secretary shall—
- identify job opportunities in the defense industrial base;
- provide available information about training or certification programs to obtain the skills necessary for such a job; and
- seek to enter into agreements with entities in the defense industrial base.
- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the program under this subsection. Such a report shall include, with respect to the year preceding the date of the report, the following elements:
- The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).
- The number of individuals described in paragraph (2) provided information described in paragraph (3)(B).
- The number of agreements described in paragraph (3)(C) into which the Secretary entered.
- (c) Alternative service in the defense industrial base
- Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (b) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the implementation of subsection (c) of such section, as added by subsection (a).
Sec. 533. Medical accession standards for members of the Armed Forces.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 37
- (a) Establishment of standards
- The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall—
- apply uniformly for all commissioned officers of an armed force; and
- apply uniformly for all enlisted members of an armed force across each occupational specialty.
- The Secretary concerned shall make readily available and understandable to potential members of the armed forces the standards established under paragraph (1), including an explanation of the process established under subsection (c)(1) and the process for seeking approval under subsection (c)(2).
- The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall—
- (b) Prohibition on certain medical disqualifications
- No person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if—
- the diagnosis occurred before such person reached the age of 13 years old;
- the condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the armed forces;
- a licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the armed forces; and
- the Secretary concerned determines such diagnosis is unlikely to impact the health and readiness of the armed force of which such person seeks to become a member.
- No person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if—
- (c) Process for review or waiver of medical disqualifications
- The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the armed forces.
- The Secretary concerned may approve the accession of a person into the armed forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security.
- (d) Reports
- The Secretary of Defense shall submit to the congressional defense committees an annual report identifying—
- the number of persons disqualified from service as a member of the armed forces during the preceding calendar year due to medical history;
- the number and type of approvals granted under subsection (c)(2) during the preceding calendar year; and
- any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report.
- For any fiscal year in which the Secretary concerned approves the accession of a person into the Coast Guard under subsection (c)(2), the Secretary of the department in which the Coast Guard is operating shall submit, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying the information required under paragraph (1)(B) with regards to such member.
- The Secretary of Defense shall submit to the congressional defense committees an annual report identifying—
Sec. 534. Selective Service System: automatic registration.
- (a) Automatic registration
- The Military Selective Service Act () is amended by striking section 3 () and inserting the following new section 3: 50 U.S.C. 3801 et seq.; 50 U.S.C. 3802
- (a)
- Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System.
- This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act () for so long as such alien continues to maintain a lawful nonimmigrant status in the United States. 8 U.S.C. 1101
- Regulations prescribed pursuant to this section (a) may require—
- a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person;
- a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and
- the Director to provide, to a person registered under this section, written notification that—
- such person has been so registered; and
- if such person is not required to be so registered, the procedure by which such person may correct such registration.
- (a)
- The Military Selective Service Act () is amended by striking section 3 () and inserting the following new section 3: 50 U.S.C. 3801 et seq.; 50 U.S.C. 3802
- (b) Technical and conforming amendments
- The Military Selective Service Act is further amended—
- in section 4 ()— 50 U.S.C. 3803
- in subsection (a)—
- (i) by striking each place it appears and inserting
registered; - (ii) by striking ; and
- (iii) by striking
who is required to registerand insertingregistered;
- (i) by striking each place it appears and inserting
- in subsection (k)(2), in the matter following subparagraph(B), by striking
liable for registrationand insertingregistered;
- in subsection (a)—
- in section 6(a) ()— 50 U.S.C. 3806(a)
- in paragraph (1)—
- (i) by striking ;
- (ii) by striking
subject to registrationand insertingregistered; and - (iii) by striking
liable for registration and trainingand insertingregistered and liable for training;
- in paragraph (2), by striking each place it appears;
- in paragraph (1)—
- in section 10(b)(3) () by striking ; 50 U.S.C. 3809(b)(3)
- in section 12 ()— 50 U.S.C. 3811
- in subsection (d)—
- (i) by striking
, neglecting, or refusing to perform the duty of registering imposed byand insertingregistration under; and - (ii) by striking ;
- (i) by striking
- in subsection (e)—
- (i) by striking
the Secretary of Health and Human Servicesand insertingFederal agencies; - (ii) by striking
by a proclamation of the Presidentand insertingto be registered; - (iii) by striking ; and
- (iv) by striking ; and
- (i) by striking
- by striking subsection (g) (); and 50 U.S.C. 3811(g)
- in subsection (d)—
- in section 15(a) (), by striking . 50 U.S.C. 3813(a)
- in section 4 ()— 50 U.S.C. 3803
- The Military Selective Service Act is further amended—
- (c) Effective date
- The amendments made by this section shall take effect one year after the date of the enactment of this Act.
Subtitle E—Member Training and Education
Sec. 541. Training requirements for occupational specialties with civilian equivalents.
of title 10, United States Code, is amended by inserting after the following new section: Chapter 101; section 2009
- The Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements.
Sec. 542. Inclusion of Space Force education programs in definitions regarding professional military education.
- (a) Senior and intermediate level service schools
- Section 2151(b) of title 10, United States Code, is amended—
- The Space Force Senior Level Education Program.
- by adding at the end of paragraph (1) the following new subparagraph:
- The Space Force Intermediate Level Education Program.
- by adding at the end of paragraph (2) the following new subparagraph:
- Section 2151(b) of title 10, United States Code, is amended—
- (b) Budget requests for professional military education
- The Space Force Senior Level Education Program.
- The Space Force Intermediate Level Education Program.
- Section 2162(d) of such title is amended by adding at the end the following new paragraphs:
Sec. 543. Center for Strategic Deterrence and Weapons of Mass Destruction Studies.
of title 10, United States Code, is amended by inserting after the following new section: Chapter 108; section 2165
- (a) Establishment
- The Secretary of Defense shall establish a
Centerfor Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the ).
- The Secretary of Defense shall establish a
- (b) Mission
- The Center established under subsection (a) shall—
- prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government;
- develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction;
- in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education;
- serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education;
- design, develop, and implement studies and analyses to enhance understanding of—
- strategic deterrence;
- the threat of weapons of mass destruction to the security of the United States and globally; and
- responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and
- provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders.
- The Center established under subsection (a) shall—
Sec. 544. Service Academies; appointments and additional appointees.
- (a) United States Military Academy
- (1) Appointments
- Section 7442 of title 10, United States Code, is amended—
- in subsection (a)—
- (i) by striking
subsection (j)and insertingsubsection (k); - (ii) in paragraph (1), by striking
as established by competitive examinationsand insertingas determined by candidate composite score rank; and - (iii) in the matter following paragraph (10)—
- in the second sentence—
- by inserting after ; and
- by striking
9 rankedand inserting14 ranked; - by inserting after the second sentence the following ; and
- by striking
shall be considered qualified alternates for the purpose of selection under other provisions of this chapterand insertingshall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees;
- (i) by striking
- by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
- There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
- by inserting after subsection (a) the following new subsection:
- in subsection (c), as redesignated by subparagraph (B)—
- (i) in paragraph (1), by striking
one hundred selected by the Presidentand insertingup to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; - (ii) in paragraph (2)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iii) in paragraph (3)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iv) in paragraph (4)—
- by striking and inserting ; and
- by inserting before the period at the end; and
- (v) by striking paragraph (5);
- (i) in paragraph (1), by striking
- in subsection (f), as redesignated by subparagraph (B), by striking
subsection (b)and insertingsubsection (c); - in subsection (h), as so redesignated—
- (i) by striking each place it appears and inserting
subsection (c); and - (ii) in paragraph (4), by striking
subsection (e)and insertingsubsection (f); and- Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
- Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
- with respect to the preceding admissions cycle—
- the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
- the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and
- for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.
- with respect to the preceding admissions cycle—
- (i) by striking each place it appears and inserting
- by adding at the end the following new subsections:
- in subsection (a)—
- Section 7442 of title 10, United States Code, is amended—
- (2) Additional appointees
- Section 7443 of title 10, United States Code, is amended—
- in the section heading, by striking and inserting ;
- in the first sentence—
- (i) by inserting before ; and
- (ii) by striking
who competed for nominationand insertingwho were eligible and competed unsuccessfully for nomination under any other provision of law;
- in the second sentence—
- (i) by striking
(8)and inserting(10); and - (ii) by striking
holding competitive nominationsand insertingwho were eligible and competed unsuccessfully for nomination; and- Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores;
- the total number of qualified and nominated (by any source), but not selected, candidates; and
- the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
- Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- (i) by striking
- by adding at the end the following: “All provisions relating to candidate composite score in section 7442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
- Section 7443 of title 10, United States Code, is amended—
- (1) Appointments
- (b) United States Naval Academy
- (1) Appointments
- Section 8454 of title 10, United States Code, is amended—
- in subsection (a)—
- (i) by striking
subsection (h)and insertingsubsection (i); - (ii) in paragraph (1), by striking
as established by competitive examinationand insertingas determined by candidate composite score rank; and - (iii) in the matter following paragraph (10)—
- in the second sentence—
- by inserting after ; and
- by striking
9 rankedand inserting14 ranked; - by inserting after the second sentence the following ; and
- by striking
shall be considered qualified alternates for the purpose of selection under other provisions of this chapterand insertingshall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees;
- (i) by striking
- by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;
- There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
- by inserting after subsection (a) the following new subsection:
- in subsection (c), as redesignated by subparagraph (B)—
- (i) in paragraph (1), by striking
one hundred selected by the Presidentand insertingup to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; - (ii) in paragraph (2)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iii) in paragraph (3)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iv) in paragraph (4)—
- by striking and inserting ; and
- by inserting before the period at the end; and
- (v) by striking paragraph (5);
- (i) in paragraph (1), by striking
- in subsection (f), as redesignated by subparagraph (B), by striking both places it appears and inserting
subsection (c); and- Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
- Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
- with respect to the preceding admissions cycle—
- the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
- the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and
- for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman.
- with respect to the preceding admissions cycle—
- by adding at the end the following new subsections:
- in subsection (a)—
- Section 8454 of title 10, United States Code, is amended—
- (2) Additional appointees
- Section 8456 of title 10, United States Code, is amended—
- in the section heading, by inserting after ; and
- in subsection (b)—
- (i) in the first sentence, by striking
who competed for nominationand insertingwho were eligible and competed unsuccessfully for nomination under any other provision of law; - (ii) in the second sentence—
- by striking
(8)and inserting(10); and - by striking
who competed for appointmentand insertingwho were eligible and competed unsuccessfully for nomination; and - (iii) by adding at the end the following: “All provisions relating to candidate composite score in section 8454 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
- Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores;
- the total number of qualified and nominated (by any source), but not selected, candidates; and
- the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
- Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- (i) in the first sentence, by striking
- Section 8456 of title 10, United States Code, is amended—
- (1) Appointments
- (c) United States Air Force Academy
- (1) Appointments
- Section 9442 of title 10, United States Code, is amended—
- in subsection (a)—
- (i) by striking
subsection (j)and insertingsubsection (k); - (ii) in paragraph (1), by striking
as established by competitive examinationand insertingas determined by candidate composite score rank; and - (iii) in the matter following paragraph (10)—
- in the second sentence—
- by inserting after ; and
- by striking
9 rankedand inserting14 ranked; - by inserting after the second sentence the following ; and
- by striking
shall be considered qualified alternates for the purpose of selection under other provisions of this chapterand insertingshall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees;
- (i) by striking
- by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
- There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
- by inserting after subsection (a) the following new subsection:
- in subsection (c), as redesignated by subparagraph (B)—
- (i) in paragraph (1), by striking
one hundred selected by the Presidentand insertingup to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; - (ii) in paragraph (2)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iii) in paragraph (3)—
- by striking and inserting ; and
- by inserting before the period at the end;
- (iv) in paragraph (4)—
- by striking and inserting ; and
- by inserting before the period at the end; and
- (v) by striking paragraph (5);
- (i) in paragraph (1), by striking
- in subsection (f), as redesignated by subparagraph (B), by striking
subsection (b)and insertingsubsection (c); - in subsection (h), as so redesignated—
- (i) in paragraph (2), by striking each place it appears and inserting
subsection (c); - (ii) in paragraph (3)—
- by striking and insert ;
- in subparagraphs (A) through (C), by striking each place it appears and inserting
subsection (c); and - (iii) in paragraph (4), by striking
subsection (e)and insertingsubsection (f); and- Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
- Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
- with respect to the preceding admissions cycle—
- the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
- the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and
- for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.
- with respect to the preceding admissions cycle—
- (i) in paragraph (2), by striking each place it appears and inserting
- by adding at the end the following new subsections:
- in subsection (a)—
- Section 9442 of title 10, United States Code, is amended—
- (2) Additional appointees
- Section 9443 of title 10, United States Code, is amended—
- in the section heading, by striking and inserting ;
- in the first sentence—
- (i) by inserting before ; and
- (ii) by striking
who competed for nominationand insertingwho were eligible and competed unsuccessfully for nomination under any other provision of law;
- in the second sentence—
- (i) by striking
(8)and inserting(10); and - (ii) by striking
holding competitive nominationsand insertingwho were eligible and competed unsuccessfully for nomination; and- Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores;
- the total number of qualified and nominated (by any source), but not selected, candidates; and
- the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
- Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
- (i) by striking
- by adding at the end the following: “All provisions relating to candidate composite score in section 9442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
- Section 9443 of title 10, United States Code, is amended—
- (1) Appointments
Sec. 545. Modifications to alternative obligation for cadets and midshipmen.
- (a) United States Military Academy
- Section 7448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
threeand insertingfive.
- Section 7448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
- (b) United States Naval Academy
- Section 8459(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
threeand insertingfive.
- Section 8459(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
- (c) United States Air Force Academy
- Section 9448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
threeand insertingfive.
- Section 9448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking
Sec. 546. Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies.
- (a) United States Military Academy
- Section 7455(a)(8) of title 10, United States Code, is amended by striking
one other memberand insertingtwo other members.
- Section 7455(a)(8) of title 10, United States Code, is amended by striking
- (b) United States Naval Academy
- Section 8468(a)(8) of title 10, United States Code, is amended by striking
one other memberand insertingtwo other members.
- Section 8468(a)(8) of title 10, United States Code, is amended by striking
- (c) United States Air Force Academy
- Section 9455(a)(8) of title 10, United States Code, is amended by striking
one other memberand insertingtwo other members.
- Section 9455(a)(8) of title 10, United States Code, is amended by striking
Sec. 547. Detail of members of the Space Force as instructors at Air Force Institute of Technology.
- (a) In general
- Section 9414 of title 10, United States Code, is amended—
- by striking the heading and inserting the following new heading:
- by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
- (e) Space Force faculty
- The Secretary shall detail members of the Space Force as instructors at the United States Air Force Institute of Technology to provide instruction in areas that support the mission of the Space Force.
- The number of members of the Space Force detailed by the Secretary to the United States Air Force Institute of Technology as instructors during an academic year shall be equal to or greater than the product of—
- the total number of members of the Space Force divided by the total number of members of the Space Force and the Air Force; and
- the total number of instructors at the United States Air Force Institute of Technology.
- (e) Space Force faculty
- by inserting after subsection (d) the following new subsection:
- Section 9414 of title 10, United States Code, is amended—
- (b) Report
- Not later than two years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the implementation of subsection (e) of section 9414 of title 10, United States Code, as added by subsection (a) of this section, including—
- an identification of the number, academic specialties, and courses of instruction of the members of the Space Force detailed as instructors at the United States Air Force Institute of Technology; and
- an assessment of the contributions of those instructors to Space Force objectives.
- Not later than two years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the implementation of subsection (e) of section 9414 of title 10, United States Code, as added by subsection (a) of this section, including—
Sec. 548. Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy.
Section 545 of the National Defense Authorization Act for Fiscal Year 2018 (; note prec.) is repealed. Public Law 115–91; 10 U.S.C. 8431
Sec. 549. Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment.
- (a) Establishment
- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement pilot program to optimize the use of generative artificial intelligence and spatial computing for immersive training and assessment.
- (b) Elements
- The pilot program required by subsection (a) shall include—
- the development of content with respect to not less than 5 occupational specialties; and
- methods to assess the feasibility and effectiveness of the use of generative artificial intelligence and spatial computing training methods in comparison to other training methods, particularly with respect to cost and time required to achieve training goals.
- The pilot program required by subsection (a) shall include—
- (c) Termination
- The pilot program required by subsection (a) shall terminate on the date that is one year after the date of the establishment of the program.
- (d) Report
- Not later than 90 days after the termination of the pilot program required by subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report describing the results of the pilot program, including an analysis of the effectiveness of the use of generative artificial intelligence and spatial computing for training and a description of any cost savings and savings in time required to achieve training goals.
Sec. 549A. Prohibition on use of Federal funds to endorse critical race theory.
- (a) Prohibition
- No funds authorized to be appropriated by this Act may be used to endorse critical race theory—
- at an academic institution operated by the Department of Defense;
- in training provided to a member of the Armed Forces; or
- in professional military education.
- No funds authorized to be appropriated by this Act may be used to endorse critical race theory—
- (b) Protection of academic freedom
- Nothing in this section shall be construed to supersede the institutional autonomy or academic freedom of instructors involved in the selection of textbooks, supplemental materials, or other classroom materials, or in the preparation or presentation of classroom instruction or lectures.
- (c) Critical race theory defined
- In this section, the term means the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.
critical race theory
- In this section, the term means the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.
Sec. 549B. Prohibition on the reduction of funding for foreign language training for members of the Armed Forces.
- (a) Prohibition
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 may be obligated or expended by the Department of Defense to terminate, replace, reduce, or prepare to terminate, replace, or reduce a program of foreign language training or instruction until the Secretary of Defense submits to the congressional defense committees a report on the planned termination, replacement, or reduction, including—
- an identification of the programs the Secretary is seeking to terminate, replace, or reduce;
- the intent, scope, and impact of any funding reductions to foreign language training or instruction in relation to the national security interests of the United States;
- the impact of the termination, replacement, or reduction of the program on existing military linguists and Foreign Area Officers; and
- a certification that any termination, replacement, or reduction will not negatively impact the operations and mission of the Defense Language Institute Foreign Language Center.
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 may be obligated or expended by the Department of Defense to terminate, replace, reduce, or prepare to terminate, replace, or reduce a program of foreign language training or instruction until the Secretary of Defense submits to the congressional defense committees a report on the planned termination, replacement, or reduction, including—
- (b) Programs included
- For purposes of subsection (a), a program of foreign language training or instruction includes—
- institutional language training programs conducted by the Defense Language Institute Foreign Language Center;
- unit-level or operational foreign language instruction and sustainment training;
- immersive or in-country language training programs;
- associated curriculum development, instructional staffing, and digital language training support; and
- any other program or activity of the Department of Defense that provides foreign language training or instruction to members of the Armed Forces.
- For purposes of subsection (a), a program of foreign language training or instruction includes—
Sec. 549C. Limitation on authority to reorganize the Senior Reserve Officers' Training Corps of the Army.
- (a) Limitation
- The Secretary of the Army may not reorganize a unit of the program of the Army until 90 days after the Secretary, acting through the Army Cadet Command, submits to the Committees on Armed Services of the Senate and House of Representatives a briefing. Elements of such a briefing shall specify the following, with regards to such proposed reorganization:
- Each position to be eliminated.
- A risk analysis regarding Army officer accessions that justifies such reorganization.
- Potential cost savings or expenses to the United States.
- The number of members of the program affected by the reorganization, including travel required travel.
- Any change to a scholarship awarded under section 2107 or 2107a of title 10, United States Code.
- The Secretary of the Army may not reorganize a unit of the program of the Army until 90 days after the Secretary, acting through the Army Cadet Command, submits to the Committees on Armed Services of the Senate and House of Representatives a briefing. Elements of such a briefing shall specify the following, with regards to such proposed reorganization:
- (b) Definitions
- In this section:
- The terms and have the meanings given such terms in section 2101 of title 10, United States Code.
programmember of the program - The term , with respect to a unit of the program, includes closing, restructuring, reclassifying, merging, or realigning.
reorganize
- The terms and have the meanings given such terms in section 2101 of title 10, United States Code.
- In this section:
Subtitle F—Military Justice and Other Legal Matters
Sec. 551. Ensuring the availability of legal advice to commanders.
Section 162(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- In all cases, forces assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations and all commanders authorized to convene courts-martial under sections 822 through 824 of this title. The qualifications of judge advocates assigned under this paragraph shall include—
- the qualifications set forth in section 827 of this title; and
- any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.
Sec. 552. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice.
Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows:
- (a) Prohibition
- Any person subject to this chapter—
- who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—
- the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;
- the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual;
- what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
- what is depicted is not a matter of public concern; and
- the broadcast, distribution, or publication of the intimate visual depiction—
- (i) is intended to cause harm; or
- (ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual;
- who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to—
- abuse, humiliate, harass, or degrade the minor; or
- arouse or gratify the sexual desire of any person;
- who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if—
- the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual;
- what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
- what is depicted is not a matter of public concern; and
- the broadcast, distribution, or publication of the digital forgery—
- (i) is intended to cause harm; or
- (ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or
- who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to—
- abuse, humiliate, harass, or degrade the minor; or
- arouse or gratify the sexual desire of any person,
- who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—
- Any person subject to this chapter—
- (b) Exceptions
- Subsection (a) shall not apply to—
- a lawfully authorized investigative, protective, or intelligence activity of—
- a law enforcement agency of the United States, a State, or a political subdivision of a State; or
- an intelligence agency of the United States;
- a disclosure made reasonably and in good faith—
- to a law enforcement officer or agency;
- as part of a document production or filing associated with a legal proceeding;
- as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose;
- in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
- to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;
- a disclosure reasonably intended to assist the identifiable individual; or
- a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.
- a lawfully authorized investigative, protective, or intelligence activity of—
- Subsection (a) shall not apply to—
- (c) Consent
- For the purposes of subsection (a)—
- the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and
- the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction.
- For the purposes of subsection (a)—
- (d) Definitions
- In this section:
- The term means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
consent - The term means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.
digital forgery - The term means an individual—
identifiable individual - The term includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format.
visual depiction - The term —
intimate visual depiction - The term means actual or simulated—
sexually explicit conduct - The term means any individual under the age of 18 years.
minor - The term means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
broadcast - The term means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.
distribute - The term means—
communications service - The term means any person engaged as a
common carrierfor hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. - The term means any service which provides to users thereof the ability to send or receive wire or electronic communications.
electronic communication service - The term means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
information service - The term means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
interactive computer service
- The term means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
- In this section:
Sec. 553. Punitive article under the Uniform Code of Military Justice for offenses relating to child pornography.
- (a) In general
- of title 10, United States Code (the Uniform Code of Military Justice) is amended by inserting after section 917a (article 117a) the following new section (article): Chapter 47
- (a) Prohibition
- Any person subject to this chapter who knowingly and wrongfully—
- possesses, receives, or views child pornography;
- possesses child pornography with the intent to distribute;
- distributes child pornography; or
- produces child pornography,
- Any person subject to this chapter who knowingly and wrongfully—
- (b) Maximum punishments
- The maximum punishment for the offense of possessing, receiving, or viewing child pornography under subsection (a)(1) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
- The maximum punishment for the offense of possessing child pornography with intent to distribute under subsection (a)(2) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
- The maximum punishment for the offense of distributing child pornography under subsection (a)(3) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
- The maximum punishment for the offense of producing child pornography under subsection (a)(4) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.
- (c) Treatment of personally identifiable information
- On motion of the Government, in any prosecution under this section, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence.
- (d) Determination wrongfulness
- Any facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement.
- (e) Determination of knowing
- An accused may not be convicted of an offense under subsection (a) if the accused was not aware that the visual depiction involved was of a minor or what appeared to be a minor, engaged in sexually explicit conduct. Awareness may be inferred from circumstantial evidence such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed.
- (f) Definitions
- In this section:
- The term means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.
child pornography - The term means to deliver to the actual or constructive possession of another.
distribute - The term means any person under the age of 18 years.
minor - The term means to exercise control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to
possessan item simultaneously, as when several people share control over an item. - The term —
produce - The term means actual or simulated—
sexually explicit conduct - The term includes—
visual depiction
- The term means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.
- In this section:
- (a) Prohibition
- of title 10, United States Code (the Uniform Code of Military Justice) is amended by inserting after section 917a (article 117a) the following new section (article): Chapter 47
- (b) Conforming amendment to definition of covered offense
- Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), is amended—
- by inserting after ; and
- by striking .
- Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), is amended—
Sec. 554. Authorization of death penalty for offense of rape of a child under the Uniform Code of Military Justice.
Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting after .
Sec. 555. Increase in maximum sentence for the offense of voluntary manslaughter under the Uniform Code of Military Justice.
- (a) Review and recommendation
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Joint Service Committee on Military Justice, shall review and recommend to the President an increase for the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Uniform Code of Military Justice).
- (b) Implementation
- Following receipt of the recommendation under subsection (a) but not later than one year after the date of the enactment of this Act, the President shall prescribe regulations updating the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Unform Code of Military Justice), in accordance with such recommendation.
Sec. 556. Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice.
- (a) Analysis required
- The Secretary of Defense, in coordination with the Joint Service Committee on Military Justice, shall analyze the advisability of modifying the definition of abusive sexual contact under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), to address the full range of harmful behaviors associated with sexual assault and to prevent misapplication of the offense to acts that are not inherently abusive.
- (b) Report
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the analysis under subsection (a) and any associated recommendations.
Sec. 557. Revision to sexual assault prevention and response training guidance.
- (a) Revision requirement
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness, in coordination with the Director of the Sexual Assault Prevention and Response Office of the Department of Defense, shall revise sexual assault prevention and response training guidance to require that information on the resources of the Department of Veterans Affairs to address experiences with unwanted sexual behavior be included in the annual or periodic sexual assault prevention and response training that is administered to all members of the Armed Forces.
- (b) Implementation oversight
- The Secretary of Defense shall ensure that each Secretary of a military department—
- incorporates the revised guidance under subsection (a) into the formal training curricula of the military department concerned;
- provides documented confirmation to the Under Secretary of Defense for Personnel and Readiness that the revised training has been delivered to all currently serving members of the Armed Forces within one year of the approval of such revised guidance; and
- establishes a mechanism to verify continued compliance with the revised guidance.
- The Secretary of Defense shall ensure that each Secretary of a military department—
- (c) Reporting
- Not later than one year after the date on which the revised guidance is issued under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- an assessment of the extent to which each military department has implemented the guidance; and
- statistics on number of members of the Armed Forces trained under the revised guidance.
- Not later than one year after the date on which the revised guidance is issued under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- (d) Definitions
- In this section:
- The term means any sexual contact or interaction to which an individual does not or could not freely consent, including harassment, coercion, assault, or abuse.
unwanted sexual behavior - The term means any training, instruction, or education provided pursuant to Department of Defense Instruction 6495.02, Volume 2 or any successor guidance.
sexual assault prevention and response training
- The term means any sexual contact or interaction to which an individual does not or could not freely consent, including harassment, coercion, assault, or abuse.
- In this section:
Sec. 558. Reports and briefings on efforts to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence within the Department of Defense.
- (a) Quarterly reports
- (1) In General
- Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense, acting through the Executive Director of Force Resiliency, shall submit to the committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence.
- (2) Elements
- Each report under paragraph (1) shall include the following:
- An overview of the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate partner violence.
- With respect to the period covered by the report, the most recently available data on—
- (i) reports of sexual assault;
- (ii) reports of sexual harassment;
- (iii) reports of intimate partner violence;
- (iv) staffing of the primary prevention workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
- (v) staffing of the sexual assault and harassment response workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
- (vi) staffing of the family advocacy program, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
- (vii) staffing of the offices of special trial counsel, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; and
- (viii) staffing of the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Naval Criminal Investigative Service, including filled and unfilled positions dedicated to covered offenses under the jurisdiction of special trial counsels.
- Each report under paragraph (1) shall include the following:
- (1) In General
- (b) Special trial counsel briefings
- Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the lead special trial counsels of the Army, Navy, Air Force, and Marine Corps shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of special trial counsels in prosecuting covered offenses.
- (c) Definitions
- In this section, the terms and have the meanings given those terms in section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice).
covered offensespecial trial counsel
- In this section, the terms and have the meanings given those terms in section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice).
Sec. 559. Study and recommendations regarding misconduct prevention in Okinawa, Japan.
- (a) Study
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract or other agreement with a federally funded research and development center pursuant to which the center shall—
- conduct a study to evaluate the effectiveness of programs, policies, and practices of the covered Armed Forces to prevent criminal activity and other misconduct by members stationed in Okinawa, Japan; and
- develop evidence-based options and recommendations for changes to programs, policies, and practices to prevent criminal activity and other misconduct by members of the covered Armed Forces stationed in Okinawa, Japan.
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract or other agreement with a federally funded research and development center pursuant to which the center shall—
- (b) Report to Secretaries
- The federally funded research and development center that carries out the study and analysis under subsection (a) shall submit to the Secretary of Defense and the Secretaries of the military departments a report on the results of such study.
- (c) Report to Congress
- Not later than 30 days after receiving the report under subsection (b), the Secretary of Defense shall submit an unaltered copy of the report to the Committees on Armed Services of the Senate and the House of Representatives.
- (d) Improvement plans for military departments
- Not later than 180 days after receiving the report under subsection (b), each Secretary of a military department shall—
- review the findings of the report and, based on such findings, develop a plan to improve prevention of criminal activity and other misconduct by members of the covered Armed Forces under the jurisdiction of that Secretary who are stationed in Okinawa, Japan; and
- provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan.
- Not later than 180 days after receiving the report under subsection (b), each Secretary of a military department shall—
- (e) Covered Armed Forces defined
- In this section, the term means the Army, Navy, Marine Corps, Air Force, and Space Force.
covered Armed Forces
- In this section, the term means the Army, Navy, Marine Corps, Air Force, and Space Force.
Subtitle G—Career Transition
Sec. 561. Establishment of separation oath for members of the Armed Forces.
- (a) Establishment of separation oath
- Section 502 of title 10, United States Code, is amended—
- in subsection (b), by striking
The oathand insertingAn oath established by this section; - by redesignating subsection (b), as amended, as subsection (c); and
- (b) Separation oath
- Prior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath:
I, __________, recognizing that my oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, has involved me and my fellow members in experiences that few persons, other than our peers, can understand, do solemnly swear (or affirm) to continue to be the keeper of my brothers- and sisters-in-arms and protector of the United States and the Constitution; to preserve the values I have learned; to maintain my body and my mind; to give help to, and seek help from, my fellow veterans; and to not bring harm to myself or others. I take this oath freely and without purpose of evasion, so help me God.
- Prior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath:
- (b) Separation oath
- by inserting after subsection (a) the following new subsection (b):
- in subsection (b), by striking
- Section 502 of title 10, United States Code, is amended—
- (b) Clerical amendment
- The heading of section 502 of title 10, United States Code, is amended to read as follows:
Sec. 562. Presentation by a veterans service organization in TAP preseparation counseling.
- (a) In general
- Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation—
- shall be standardized;
- shall be previously reviewed and approved by the Secretary of Veterans Affairs;
- shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs of the Senate and House of Representatives for review at least 90 days before implementation;
- shall be presented by—
- (i) a national representative of a veterans service organization recognized under section 5902 of title 38; or
- (ii) if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present;
- shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);
- may not encourage the member to join a particular veterans service organization; and
- may not exceed one hour in length.
- A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation—
- Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- (b) Annual report
- Not less than once each year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, and to the Committees on Veterans’ Affairs of the Senate and House of Representatives, a report—
- that identifies each veterans service organization that presented under paragraph (20) of section 1142(b) of title 10, United States Code, as added by subsection (a);
- that contains the number of members of the Armed Forces who attended such presentations; and
- that includes any recommendations of the Secretary regarding changes to such presentation or to such paragraph.
- Not less than once each year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, and to the Committees on Veterans’ Affairs of the Senate and House of Representatives, a report—
Sec. 563. Expansion of eligibility of veterans for certain military adaptive sports program.
Section 2564a of title 10, United States Code, is amended in subsection (a)(1)(B), in the matter preceding clause (i), by striking .
Sec. 564. Transition Assistance Program: Department of Labor Employment Navigator and Partnership Pilot Program.
- (a) Establishment
- Not later than one year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall carry out a pilot program to be known as the . The pilot program shall supplement the program under section 1144 of title 10, United States Code.
Employment Navigator and Partnership Pilot Program
- Not later than one year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall carry out a pilot program to be known as the . The pilot program shall supplement the program under section 1144 of title 10, United States Code.
- (b) Activities
- In carrying out the pilot program under this section, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall—
- seek to enter into contracts with public, private, and nonprofit entities under which such entities provide individualized employment counseling for members of the Armed Forces and their spouses;
- prioritize entering into contracts with qualified private entities that have experience providing instruction to members of the Armed Forces eligible for assistance under the pilot program carried out under this section on—
- private sector culture, resume writing, career networking, and training on job search technologies;
- academic readiness and educational opportunities; or
- other relevant topics, as determined by the Secretary;
- give a preference to any private entity that—
- has a national or international geographical area of service;
- provides multiple forms of career assistance and placement services to—
- (i) active duty members of the Armed Forces;
- (ii) spouses of active duty members of the Armed Forces;
- (iii) veterans; and
- (iv) spouses of veterans;
- provides services to at least 1,000 individuals who are—
- (i) active duty members of the Armed Forces;
- (ii) spouses of active duty members of the Armed Forces;
- (iii) veterans; or
- (iv) spouses of veterans;
- has continuously, for at least the three-year period immediately preceding the date of the contract, provided services to individuals who are—
- (i) active duty members of the Armed Forces;
- (ii) spouses of active duty members of the Armed Forces;
- (iii) veterans; and
- (iv) spouses of veterans; and
- has a demonstrated record of success in providing assistance with employment services, as indicated by—
- (i) the average wages or earnings of people who receive employment services provided by the entity;
- (ii) prior completion of Federal grants or contracts;
- (iii) having at least 75 percent of its participants find full-time employment within six months of initially receiving employment services provided by the entity; and
- (iv) other employment performance indicators, as determined by the Secretary; and
- seek to enter into contracts with not fewer than 10, but not more than 60, private entities under which each such entity is compensated at a rate agreed upon between the Secretary and the entity for each individual who receives employment services provided by the entity and is in unsubsidized employment during the second quarter after exit from the program; and
- conduct such other activities as may be necessary for the delivery of individualized employment counseling and other employment services under this section.
- In carrying out the pilot program under this section, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall—
- (c) Report
- Not later than October 1 of each year during the term of the pilot program, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program under this section, including the employment outcomes for members of the Armed Forces and their spouses who receive employment services under the program on the following indicators of performance—
- the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;
- the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; and
- the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program.
- Not later than October 1 of each year during the term of the pilot program, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program under this section, including the employment outcomes for members of the Armed Forces and their spouses who receive employment services under the program on the following indicators of performance—
- (d) Termination
- The pilot program shall terminate five years after the date on which the Secretary of Labor begins to carry out the pilot program.
Sec. 565. Skillbridge: apprenticeship programs.
- (a) Study
- Not later than September 30, 2026, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Department of the Navy, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members.
- (b) Recruitment
- The Secretary of Defense shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members.
- (c) Definitions
- In this section:
- The term means a member of the Armed Forces eligible for Skillbridge.
covered member - The term means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ; 50 Stat. 664, chapter 663; ).
registered apprenticeship programNational Apprenticeship Act29 U.S.C. 50 et seq. - The term means an employment skills training program under section 1143(e) of title 10, United States Code.
Skillbridge
- The term means a member of the Armed Forces eligible for Skillbridge.
- In this section:
Sec. 566. Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM.
- (a) Study; report
- Not later than September 30, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study on how to—
- increase participation of covered individuals in positions in the covered Armed Forces or Department of Defense and related to STEM; and
- change Skillbridge to help covered individuals eligible for Skillbridge find civilian employment in positions related to STEM.
- Not later than September 30, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study on how to—
- (b) Definitions
- In this section:
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
covered Armed Force - The term means a female—
covered individual - The term means an employment skills training program under section 1143(e) of title 10, United States Code.
Skillbridge - The term means science, technology, engineering, and mathematics.
STEM
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
- In this section:
Subtitle H—Family Programs and Child Care
Sec. 571. Notification of suspected child abuse at providers of child care services or youth programs.
Section 1794 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (g) Notification of suspected child abuse
- The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to—
- not later than 24 hours after a program becomes aware of alleged or suspected abuse or neglect of a child occurring in such program, notify the parents and guardians of such child of such alleged or suspected abuse or neglect; and
- not later than 72 hours after a program becomes aware of alleged abuse or neglect of a child occurring in such program, provide notice of such alleged abuse or neglect to—
- (i) the Committees on Armed Services of the Senate and the House of Representatives;
- (ii) if the alleged abuse or neglect occurs in one of the several States, the Senators that represent the State in which the alleged abuse or neglect occurred; and
- (iii) if the alleged abuse or neglect occurs in a location represented by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Member of, or Delegate or Resident Commissioner to, the House of Representatives that represents such location.
- In this subsection, the term means a military child development center, a Department of Defense youth program, a family home day care, or a provider of child care services or youth program services that receives financial assistance under section 1798.
covered child and youth program
- The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to—
Sec. 572. Pilot program to increase payments for child care services in high-cost areas.
Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (d) Pilot program for increased payments in high-cost areas
- Beginning on January 1, 2027, the Secretary shall establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section as of December 31, 2026, by 30 percent for services provided to children who are two years old or younger in accordance with this subsection.
- The Secretary—
- shall provide for an increased maximum amount of financial assistance under the pilot program established under this subsection in each area with high child care services costs, as determined by the Secretary; and
- may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate.
- Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes—
- the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location;
- the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location;
- the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location;
- the determination of the Secretary as to whether additional funding under the pilot program—
- (i) helped reduce child care costs for applicable military families;
- (ii) increased child care provider participation in the financial assistance available under this section; and
- (iii) increased access to infant and toddler care for military families;
- the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
- any challenges identified by the Secretary in carrying out the pilot program;
- legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
- any other information the Secretary determines appropriate.
- Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes—
- the elements specified in subparagraphs (A) through (H) of paragraph (3); and
- the recommendation of the Secretary as to whether to make the pilot program permanent.
- The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
Sec. 573. Pilot program to increase payments for child care services in high-cost areas.
Section 1798 of title 10, United States Code, is amended—
- by redesignating subsection (c) as subsection (d); and
- (c) Pilot program for grants to increase infant and toddler capacity in high-cost areas
- The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers.
- A grant awarded under the pilot program established under paragraph (1) shall—
- be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and
- require the recipient of a grant to—
- (i) make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and
- (ii) certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i).
- The Secretary—
- shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs, as determined by the Secretary; and
- may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate.
- Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes—
- the number of eligible providers participating in the pilot program, disaggregated by location;
- the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation;
- the determination of the Secretary as to whether grants provided under the pilot program—
- (i) helped reduce child care costs for applicable military families;
- (ii) increased child care provider participation in the financial assistance available under this section; and
- (iii) increased access to infant and toddler care for military families;
- the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
- any challenges identified by the Secretary in carrying out the pilot program;
- legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
- any other information the Secretary determines appropriate.
- Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes—
- the elements specified in subparagraphs (A) through (G) of paragraph (4); and
- the recommendation of the Secretary as to whether to make the pilot program permanent.
- The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
- In this subsection, the term means—
appropriate congressional committees- the congressional defense committees;
- the Committee on Commerce, Science, and Transportation of the Senate; and
- the Committee on Transportation and Infrastructure of the House of Representatives.
- (c) Pilot program for grants to increase infant and toddler capacity in high-cost areas
- by inserting after subsection (b) the following new subsection:
Sec. 574. Extension of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.
- (a) Extension
- Subsection (d) of section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note) is amended by striking
five years afterand all that follows and insertingon December 31, 2029.. 10 U.S.C. 1791
- Subsection (d) of section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note) is amended by striking
- (b) Final Report
- Subsection (c)(2) of such section is amended by striking
90 days afterand insertingone year before.
- Subsection (c)(2) of such section is amended by striking
Sec. 575. Military OneSource: information regarding maternal health care.
Section 561 of the National Defense Authorization Act for Fiscal Year 2010 (; note) is amended, in subsection (b)— Public Law 111–84; 10 U.S.C. 1781
- by redesignating paragraphs (4) through (17) as paragraphs (5) through (18), respectively; and
- by striking paragraphs (2) and (3) and inserting after paragraph (1) the following new paragraphs:
- Health care.
- Maternal health care, including the following:
- A list of maternal health services, including pre- and post-natal care.
- A guide to continuity of such care through a permanent change of station.
- With regards to a pregnant member, relevant regulations, options for leave, and uniform resources and requirements.
- Death benefits and life insurance programs.
Sec. 576. Prohibition on availability of funds for termination of DODEA and child care workers.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to terminate employees of Military Child Development Programs or employees of the Department of Defense Education Activity, regardless of whether such positions are funded by appropriated or nonappropriated funds, unless the employee was documented as not performing or engaging in misconduct.
Subtitle I—Dependent Education
Sec. 581. Ensuring access to DODEA schools for certain members of the reserve components.
Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (n) Eligibility of dependents of certain members of the reserve components
- A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be place on a wait-list for enrollment in the school.
- A member described in this paragraph is a member—
- of a reserve component;
- performing active service; and
- pursuant to an order for accompanied permanent change of station.
Sec. 582. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
- (a) Continuation of authority to assist local educational agencies that benefit dependents of members of the armed forces and department of defense civilian employees
- (1) Assistance to schools with significant numbers of military dependent students
- Of the amount authorized to be appropriated for fiscal year 2026 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (; ). Public Law 109–163; 20 U.S.C. 7703b
- (2) Local educational agency defined
- In this subsection, the term has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of ().
local educational agency20 U.S.C. 7713(9)
- In this subsection, the term has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of ().
- (1) Assistance to schools with significant numbers of military dependent students
- (b) Impact aid for children with severe disabilities
- (1) In general
- Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by ; 114 Stat. 1654A-77; ). Public Law 106–398; 20 U.S.C. 7703a
- (2) Additional amount
- Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
- (3) Briefing
- Not later than March 31, 2026, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the Department of Defense’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.
- (1) In general
Sec. 583. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.
- (a) Certification
- On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.
- (b) Report
- Not later than June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—
- each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and
- each military installation that has not confirmed the information contained in such forms as of such date.
- Not later than June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—
- (c) Definitions
- In this section:
- The term means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ().
impact aid source check form20 U.S.C. 7703(a) - The term has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ().
local educational agency20 U.S.C. 7801
- The term means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ().
- In this section:
Subtitle J—Decorations and Awards, Reports, and Other Matters
Sec. 591. Authorization for award of Medal of Honor to James Capers, Jr., for acts of valor as a member of the Marine Corps during the Vietnam War.
- (a) Authorization
- Notwithstanding the time limitations specified in section 8298 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 8291 of such title, to James Capers, Jr., for the acts of valor described in subsection (b).
- (b) Acts of valor described
- The acts of valor described in this subsection are the actions of James Capers, Jr., as a member of the Marine Corps, during the period of March 31 through April 3, 1967, during the Vietnam War, for which he was previously awarded the Silver Star.
Sec. 592. Authorization to award the Medal of Honor to retired Colonel Philip J. Conran for acts of valor in Laos during the Vietnam war.
Notwithstanding the time limitations specified in section 9274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 9271 of such title, to retired Colonel Philip J. Conran for the acts of valor in Laos during the Vietnam war, for which he was previously awarded the Air Force Cross.
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.
- (a) Definitions
- Section 101 of title 37, United States Code, is amended—
- in paragraph (22), by inserting after in subparagraphs (A) and (B); and
- by adding at the end the following new paragraphs:
- Section 101 of title 37, United States Code, is amended—
- (b) Basic pay
- Chapter 3 of such title is amended as follows:
- (1) References to officer grades
- Section 201(a) of such title is amended—
- by striking and inserting ;
- by striking in the heading of the second column of the table and inserting
Marine Corps, and Space Force; and - by striking paragraph (2).
- Section 201(a) of such title is amended—
- (2) Applicable pay and allowances for certain space force members who are physically disabled or incur loss of earned income when not on sustained duty
- Subsections (g)(1) and (h)(1) of section 204 of such title are amended by inserting after .
- (3) Service creditable for computation
- Section 205(a)(2) of such title is amended—
- by transferring subparagraph (F) to appear after subparagraph (A) and redesignating that subparagraph as subparagraph (B);
- by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;
- by striking subparagraph (C) and redesignating the original subparagraph (B) as subparagraph (D); and
- the Space Force;
- by inserting after subparagraph (B), as transferred and redesignated by subparagraph (A) of this paragraph, the following new subparagraph (C):
- Section 205(a)(2) of such title is amended—
- (4) Inactive-duty training pay
- Section 206 of such title is amended—
- in subsection (a), in the matter preceding paragraph (1)—
- (i) by striking
Guard or aand insertingGuard, a; and - (ii) by inserting after the first place it appears;
- (i) by striking
- in subsection (d)—
- (i) in paragraph (1), by inserting after ; and
- (ii) in paragraph (2), by inserting after ;
- in subsection (e)—
- (i) by striking
Guard or of aand insertingGuard, a; and - (ii) by inserting after ; and
- (i) by striking
- in the section heading, by inserting before the colon.
- in subsection (a), in the matter preceding paragraph (1)—
- Section 206 of such title is amended—
- (5) Participation in thrift savings plan
- Section 211(a)(2) of such title is amended by inserting after .
- (c) Special pay, incentive pay, and bonus authorities
- Subchapter II of chapter 5 of such title is amended as follows:
- (1) General bonus authority for enlisted members
- Section 331 of such title is amended—
- in subsection (a)—
- (i) by striking
orat the end of paragraph (4); - (ii) by striking the period at the end of paragraph (5) and inserting ; and
- (iii) by adding at the end the following new paragraph:
- transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.
- (i) by striking
- in subsection (c)(1)—
- (i) in subparagraph (B), by inserting after ;
- (ii) in subparagraph (C), by inserting after ; and
- (iii) in subparagraph (D), by striking
paragraph (4) or (5)and insertingparagraph (4), (5), or (6).
- in subsection (a)—
- Section 331 of such title is amended—
- (2) General bonus authority for officers
- Section 332 of such title is amended—
- in subsection (a)—
- (i) by striking
orat the end of paragraph (4); - (ii) by striking the period at the end of paragraph (5) and inserting ; and
- (iii) by adding at the end the following new paragraph:
- transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.
- (i) by striking
- in subsection (c)(1)—
- (i) in subparagraph (C), by inserting after ;
- (ii) in subparagraph (D), by inserting after and
- (iii) in subparagraph (E), by striking
paragraph (4) or (5)and insertingparagraph (4), (5), or (6).
- in subsection (a)—
- Section 332 of such title is amended—
- (3) Special aviation incentive pay or bonus for officers
- Section 334 of such title is amended—
- by striking in subsections (a)(1), (b), (h)(1), (h)(2), and (h)(3);
- in subsection (b)(3), by inserting after ; and
- in subsection (e)—
- (i) in the subsection heading, by striking ; and
- (ii) by striking
A reserve component officerand insertingAn officer..
- Section 334 of such title is amended—
- (4) Special pays
- Sections 351(a), 352(a), 353(a), and 353(b) of such title are amended by striking .
- (5) Retention incentives for members qualified in critical military skills or assigned to high priority units
- Section 355 of such title is amended—
- in subsection (a)—
- (i) in the matter preceding paragraph (1)—
- by striking
An officer or enlisted memberand insertingA member; and - by inserting after ; and
- (ii) in paragraph (1), by inserting before the semicolon at the end;
- in subsection (d)(1), by inserting in the second sentence after ; and
- in subsection (e)—
- (i) in paragraph (1), by striking in subparagraph (A) and the first place it appears in subparagraph (B) and inserting
a specified form of service (or combination thereof); - (ii) in paragraphs (1)(B), (2), (3), and (4), by striking
active duty or service in an active status in a reserve component for whichand insertingservice for which; and - (iii) by adding at the end the following new paragraph:
- In this subsection, the term means—
specified form of service- service on active duty;
- service in an active status in a reserve component; or
- service in the Space Force in space force active status.
- In this subsection, the term means—
- (i) in paragraph (1), by striking in subparagraph (A) and the first place it appears in subparagraph (B) and inserting
- in subsection (a)—
- Section 355 of such title is amended—
- (6) Continuation pay for full TSP members with 7 to 12 years of service
- Section 356(b) of such title is amended—
- in the matter preceding paragraph (1)—
- (i) in the second sentence, by striking
or a reserve componentand inserting, a member of the Space Force on sustained duty, or a member of a reserve component; and - (ii) in the third sentence, by inserting after ;
- (i) in the second sentence, by striking
- in paragraph (1), by inserting in the matter preceding subparagraph (A) after ; and
- in paragraph (2)—
- (i) by inserting in the matter preceding subparagraph (A) after ; and
- (ii) by inserting in subparagraph (A) after .
- in the matter preceding paragraph (1)—
- Section 356(b) of such title is amended—
- (d) Administration of special pay, incentive pay, and bonus authorities
- Subchapter III of chapter 5 of such title is amended as follows:
- (1) Continuation of pay and allowances during certain hospitalization and rehabilitation
- Section 372(a) of such title is amended by striking .
- (2) Repayment of unearned portion of bonus or special or incentive pay
- Section 373(d)(2)(A) of such title is amended by striking
in a regular or reserve component who remains on active duty or in an active statusand insertingwho remains on active duty, in an active status in a reserve component, or in space force active status.
- Section 373(d)(2)(A) of such title is amended by striking
- (e) Allowances other than travel and transportation allowances
- Section 416 of such title is amended by inserting after .
- (f) Leave
- Section 501 of such title is amended—
- in subsection (a)—
- by inserting in paragraphs (4) and (5) after ; and
- by inserting in paragraph (4) after ; and
- in subsection (b)(5)—
- in subparagraphs (A) and (D), by inserting after ; and
- in subparagraph (C), by striking before .
- in subsection (a)—
- Section 501 of such title is amended—
- (g) Miscellaneous rights and benefits
- Chapter 17 of such title is amended as follows:
- Section 908(a)(2) of such title is amended by inserting after .
- Section 910 of such title is amended—
- by inserting after in subsection (a);
- by inserting after in subsections (b)(1), (b)(2), (b)(3), and (e)(1); and
- in the heading of such section by inserting after .
- Chapter 17 of such title is amended as follows:
- (h) Administration
- Section 1002 of such title is amended—
- in subsection (a)—
- by striking
of the National Guard, or of a reserve component of a uniformed service,and insertingof a reserve component of a uniformed service, or of the Space Force; and - by striking
his consentand insertingthe member’s consent; and - in subsection (c), by inserting after ; and
- by striking
- in the heading, by striking and inserting .
- in subsection (a)—
- Section 1002 of such title is amended—
- (i) Conforming amendment to reflect change of name of Space and Missile Systems Center to Space Systems Command
- Section 2273a(a) of title 10, United States Code, is amended by striking
Air Force Space and Missile Systems Centerand insertingSpace Force Space Systems Command.
- Section 2273a(a) of title 10, United States Code, is amended by striking
Subtitle B—Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
- (a) Authorities relating to reserve forces
- Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking
December 31, 2025and insertingDecember 31, 2026.
- Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking
- (b) Title 10 authorities relating to health care professionals
- The following sections of title 10, United States Code, are amended by striking
December 31, 2025and inserting :- Section 2130a(a)(1), relating to nurse officer candidate accession program.
- Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
- The following sections of title 10, United States Code, are amended by striking
- (c) Authorities relating to nuclear officers
- Section 333(i) of title 37, United States Code, is amended by striking
December 31, 2025and insertingDecember 31, 2026.
- Section 333(i) of title 37, United States Code, is amended by striking
- (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities
- The following sections of title 37, United States Code, are amended by striking
December 31, 2025and inserting :- Section 331(h), relating to general bonus authority for enlisted members.
- Section 332(g), relating to general bonus authority for officers.
- Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
- Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
- Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
- Section 351(h), relating to hazardous duty pay.
- Section 352(g), relating to assignment pay or special duty pay.
- Section 353(i), relating to skill incentive pay or proficiency bonus.
- Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
- The following sections of title 37, United States Code, are amended by striking
- (e) Authority to provide temporary increase in rates of basic allowance for housing
- Section 403(b) of title 37, United States Code, is amended—
- in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking
December 31, 2025and insertingDecember 31, 2026; and - in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking
December 31, 2025and insertingDecember 31, 2026.
- in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking
- Section 403(b) of title 37, United States Code, is amended—
Sec. 612. Incentive pay: explosive ordnance disposal duty.
- (a) Establishment
- Subchapter I of of title 37, United States Code, is amended by inserting after the following new section: chapter 5; section 301e
- (a) Eligibility
- Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member—
- is entitled to basic pay;
- holds (or is in training leading to) an explosive ordnance disposal duty designator; and
- is in and remains in explosive ordnance disposal duty on a career basis.
- Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders.
- Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member—
- (b) Rates
- Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts:
- Explosive ordnance disposal duty incentive pay under subsection (a)(2)—
- shall be in amounts prescribed by the Secretary of Defense;
- may not, for any month, exceed the maximum amount specified in paragraph (1); and
- may not be less per day than the amount under subsection (d).
- (c) Computation of years
- Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty.
- (d) Applicability to certain duty in the reserve components
- Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay.
- (e) Definitions
- In this section:
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
covered armed force - The term has the meaning given such term in section 2284 of title 10.
explosive ordnance disposal - The term means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal.
explosive ordnance disposal duty
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
- In this section:
- (a) Eligibility
- Subchapter I of of title 37, United States Code, is amended by inserting after the following new section: chapter 5; section 301e
- (b) Effective date
- Section 301f of title 37, United States Code, added by this section, shall take effect on the date that is 180 days after the date of the enactment of this Act and apply to explosive ordnance disposal duty performed on or after such date.
Sec. 613. Standardization of cyber assignment incentive pay for members of the Armed Forces.
- (a) In general
- Subchapter III of of title 37, United States Code, is amended by adding at the end the following new section: chapter 5
- (a) Policy
- The Secretary of Defense shall establish and implement a standardized policy for cyber assignment incentive pay applicable to all members of the Army, Navy, Air Force, Marine Corps, and Space Force performing qualifying cyber operations roles.
- (b) Elements
- The policy under subsection (a) shall—
- define uniform eligibility criteria based on work-role certification, mission assignment, and readiness requirements;
- establish a tiered pay structure based on proficiency levels and operational demands;
- ensure parity in pay rates and qualification standards throughout the armed forces specified in subsection (a);
- provide guidance for continuation of cyber assignment incentive pay during moves relating to changes of permanent station, subject to continued eligibility; and
- include procedures for periodic review and adjustment of cyber assignment incentive pay rates to reflect evolving mission needs and market competitiveness.
- The policy under subsection (a) shall—
- (c) Cyber assignment incentive pay defined
- In this section, the term means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles.
cyber assignment incentive pay
- In this section, the term means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles.
- (a) Policy
- Subchapter III of of title 37, United States Code, is amended by adding at the end the following new section: chapter 5
- (b) Briefing
- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the implementation of section 375 of title 37, United States Code, as added by subsection (a) of this section, including any anticipated impacts on recruitment, retention, and readiness of cyber personnel.
Subtitle C—Allowances
Sec. 621. Basic needs allowance: exclusion of basic allowance for housing from the calculation of gross household income of an eligible member of the Armed Forces.
Section 402b(k)(1)(B) of title 37, United States Code, is amended—
- by strik
ing and all that follows through ; andportion of - by striking
that the Secretary concerned elects to excludeand insertingpaid to such member.
Sec. 622. Family separation allowance: increase.
Section 427(a) of title 37, United States Code, is amended in paragraph (1), by striking not less than 50, and not more than $400and inserting equal to $400.
Sec. 623. Report regarding the basic allowance for subsistence and military food programs.
- (a) Report required
- Not later than September 30, 2026, and annually thereafter through 2030, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (b).
- (b) Report described
- A report described in this subsection shall explain how, during the fiscal year in which the Secretary submits such report—
- the Secretary of Defense allocated funds for the basic allowance for subsistence under section 402 of title 37, United States Code, to pay for food programs;
- subsistence in-kind is budgeted to pay for food programs on military installations; and
- the Secretaries of the military departments used budget authorities to fund the fully burdened cost of feeding members—
- of the Army, Navy, Marine Corps, Air Force, and Space Force; and
- who were assigned to essential station messing during such fiscal year.
- A report described in this subsection shall explain how, during the fiscal year in which the Secretary submits such report—
Sec. 624. Basic allowance for housing: study to evaluate alternative rate calculation.
- (a) Authority
- (1) In general
- Not later than September 30, 2026, the Secretary of Defense shall seek to enter into an agreement with a covered entity to conduct a study in which the covered entity shall calculate, using industry-standard machine learning and an artificial intelligence algorithm, proposed monthly rates of BAH described in subsection (b) for MHAs selected under subsection (c).
- (2) Rule of construction
- During such a study, the Secretary shall pay BAH in MHAs selected under subsection (c) at rates prescribed under section 403 of title 37, United States Code.
- (1) In general
- (b) Proposed monthly rates
- A proposed monthly rate of BAH described in this subsection—
- accurately reflects housing prices in the MHA subject to such rate; and
- is sufficient for military families who reside in such MHA to procure adequate and affordable housing.
- A proposed monthly rate of BAH described in this subsection—
- (c) MHAs
- The Secretary shall select not fewer than 15 MHAs to participate in such a study. To select an MHA, the Secretary shall consider factors including the following:
- Variety of geographic location.
- The ranks of members who reside in an MHA.
- Whether members who reside in an MHA have dependents.
- Economic factors including inflation, cost of living, and the cost of private mortgage insurance.
- The Secretary shall select not fewer than 15 MHAs to participate in such a study. To select an MHA, the Secretary shall consider factors including the following:
- (d) Termination
- A study under this section shall terminate on the day that is three years after the date on which the Secretary enters into an agreement with a covered entity.
- (e) Annual briefings
- Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter through the termination date under subsection (d), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of a study under this section.
- (f) Report
- Not later than 120 days after the date of the termination of such a study, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such study. Such report shall include the following elements:
- An evaluation by the Secretary of the proposed monthly rates of BAH calculated by a covered entity pursuant to an agreement under subsection (a).
- Any recommendation of the Secretary regarding legislation to improve the calculation of BAH process based on the study.
- Not later than 120 days after the date of the termination of such a study, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such study. Such report shall include the following elements:
- (g) Definitions
- In this section:
- The term means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code.
BAH - The term means a nationally recognized entity in the field of single-family housing that has data on local rental rates in real estate markets across the United States.
covered entity - The term means military housing area.
MHA
- The term means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code.
- In this section:
Subtitle D—Leave
Sec. 631. Bereavement leave for a member of the Armed Forces in the case of a loss of pregnancy or stillbirth.
Subsection (l)(1)(A) of section 701 of title 10, United States Code, is amended—
- by striking and inserting an em dash; and
- (i) the death of an immediate family member; or
- (ii) the loss of a pregnancy or a stillbirth by such member or the spouse of such member.
- by adding at the end the following new clauses:
Sec. 632. Convalescent leave for cadets and midshipmen.
Section 702 of title 10, United States Code, is amended—
- by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
- (c) Convalescent Leave
- An academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title.
- (c) Convalescent Leave
- by inserting after subsection (b) the following new subsection:
- in subsection (d), as redesignated by paragraph (1) of this section, by striking “Sections 701” and inserting “Except as provided by subsection (c), sections 701”.
Subtitle E—Family and Survivor Benefits
Sec. 641. Annual review of financial assistance limits for child care and youth program services providers.
Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (d) Annual Review of Amount of Assistance
- The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section.
Sec. 642. Waiver of requirements for air transportation of deceased members of the Armed Forces when necessary to meet mission requirements.
Section 562(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (; note) is amended by adding at the end the following new paragraph: Public Law 109–364; 10 U.S.C. 1482
- (4) Waiver
- The Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during—
- a time of war;
- a national emergency requiring the use of significant personnel and aircraft;
- a large-scale combat operation; or
- a contingency operation.
- The Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during—
Subtitle F—Defense Resale Matters
Sec. 651. Use of commissary stores: civilian employees of Military Sealift Command.
- (a) In general
- Section 1066 of title 10, United States Code, is amended, in subsection (a)—
- by inserting before ; and
- A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty.
- by adding at the end the following new paragraph:
- by inserting before ; and
- Section 1066 of title 10, United States Code, is amended, in subsection (a)—
- (b) Technical and conforming amendments
- Such section is further amended—
- in the section heading, by striking and inserting ; and
- in the heading of subsection (a), by striking and inserting .
- Such section is further amended—
Sec. 652. MWR retail facilities: use by civilian employees of the Armed Forces.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 54
- (a) Current employees
- Subject to subsection (c) of this section and section 1066 of this title, a civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty.
- (b) Retired employees
- Subject to subsection (c), a retired civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty.
- (c) Limitation
- A civilian employee or retired civilian employee may not purchase tobacco or a military uniform at MWR retail facilities.
- (d) MWR retail facilities defined
- In this section, the term has the meaning given such term in section 1063 of this title.
MWR retail facilities
- In this section, the term has the meaning given such term in section 1063 of this title.
- (a) Current employees
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 54
- (b) Regulations
- The Secretary of Defense shall prescribe regulations under section 1067 of such title, as added by this section, not later than 30 days after the date of the enactment of this Act.
Sec. 653. Single-use shopping bags in commissary stores.
Section 2485 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (j) Single-use shopping bags
- The Defense Commissary Agency may not prohibit the use of, or charge a fee for, single-use shopping bags in a commissary store.
Subtitle G—Other Benefits, Reports, and Briefings
Sec. 661. Provision of information regarding relocation assistance programs for members receiving orders for a change of permanent station.
- (a) In General
- Section 1056 of title 10, United States Code, is amended—
- in subsection (b)(2)—
- in subparagraph (A), by striking
and community orientationand insertingcommunity orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children; - in subparagraph (C), by striking
and community orientationand insertingcommunity orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services; and- Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.
- by adding at the end the following new subparagraph:
- in subparagraph (A), by striking
- by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
- (e) Provision of Information on Program
- The Secretary of Defense shall ensure that members of the armed forces and the families of those members are provided information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law.
- The Secretary shall ensure that information required to be provided under this subsection is provided to a member of the armed forces and the family of that member not later than 45 days before the date on which a change of permanent station takes effect for that member.
- The information provided under this subsection shall include—
- information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;
- guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation;
- mental health and well-being support services, including those accessible during the period of transition for a change of permanent station;
- educational resources for dependent children, including school transition assistance and special education services;
- information on available legal and financial counseling programs; and
- any other assistance programs that support members of the armed forces and their families during relocation.
- The Secretary of Defense shall—
- incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station;
- ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;
- develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and
- assess the satisfaction of members of the armed forces and their families with the information provided under this subsection.
- (e) Provision of Information on Program
- by inserting after subsection (d) the following new subsection:
- in subsection (b)(2)—
- Section 1056 of title 10, United States Code, is amended—
- (b) Report
- Not later than one year after the date of enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the amendments made by this section. Such briefing shall include—
- the status of efforts to integrate information required to be provided by subsection (e) of section 1056 of title 10, United States Code, as added by subsection (a) of this section, into accessible materials and briefings provided to members of the armed forces and their families relating to a change of permanent station;
- an assessment of the awareness by members of the armed forces and their families of available programs in support of a change of permanent station; and
- any recommendations of the Secretary for improving the dissemination of information related to relocation and family assistance programs.
- Not later than one year after the date of enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the amendments made by this section. Such briefing shall include—
Sec. 662. Expansion of pilot program to increase access to food on military installations.
Section 654 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; note) is amended— Public Law 118–159; 10 U.S.C. 1060a
- in subsection (a)—
- by striking
Secretary of the Armyand insertingSecretary of a military department; and - by striking
installations of the Army for members of the Armyand insertinginstallations under the jurisdiction of the Secretary for members of the Armed Forces;
- by striking
- in subsection (b), by inserting after ; and
- (d) Reporting
- (1) Progress reports
- At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program.
- (2) Final report
- Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:
- Lessons learned from the pilot program.
- The recommendation of the Secretary whether to expand or make permanent the pilot program.
- If the Secretary recommends expansion, the military installations covered by such recommended expansion.
- Limitations to the operation or expansion of the pilot program.
- Any information the Secretary determines appropriate.
- Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:
- (1) Progress reports
- (d) Reporting
- by striking subsection (d) and inserting the following new subsection (d):
Sec. 663. Casualty assistance program: review; implementation plan.
- (a) GAO review
- Not later than January 1, 2027, the Comptroller General of the United States shall submit to the Secretary of Defense a report containing the results of a review of operations of the casualty assistance program of the Department of Defense. Elements of such report shall include recommendations of the Comptroller General regarding the feasibility and advisability of the following:
- Improving and standardizing across the Armed Forces—
- the selection and management (including lengths of assignments) of casualty assistance officers; and
- training of casualty assistance officers regarding the policies, procedures, entitlements, benefits, and financial obligations relevant to survivors of members of the Armed Forces.
- The implementation of a registry of the Department through which a survivor may elect to provide their contact information to the Department to facilitate contact and outreach to such survivor.
- The development a long-term care program for such survivors, modeled on the Survivor Outreach Services of the Army, that provides information and access to survivor benefits, case managers, and counselors.
- Improving and standardizing across the Armed Forces—
- Not later than January 1, 2027, the Comptroller General of the United States shall submit to the Secretary of Defense a report containing the results of a review of operations of the casualty assistance program of the Department of Defense. Elements of such report shall include recommendations of the Comptroller General regarding the feasibility and advisability of the following:
- (b) Implementation plan
- Not later than 180 days after the Secretary receives the report under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives—
- a copy of such report; and
- the plan of the Secretary to implement such recommendations of the Comptroller General.
- Not later than 180 days after the Secretary receives the report under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives—
Title VII—Health Care Provisions
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Dental readiness.
Section 1076a of title 10, United States Code, is amended—
- in subsection (a)—
- in paragraph (1)—
- (i) in the header, by striking ; and
- (ii) by striking ;
- in paragraph (2), in the header, by inserting after ; and
- (5) Plan for Selected Reserve
- A dental benefits plan for members of the Selected Reserve of the Ready Reserve.
- (5) Plan for Selected Reserve
- by adding at the end the following new paragraph:
- in paragraph (1)—
- in subsection (d)—
- by redesignating paragraph (3) as paragraph (4); and
- (3) No premium plans
- The dental insurance plan established under subsection (a)(5) is a no premium plan.
- Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan.
- (3) No premium plans
- by inserting after paragraph (2) the following new paragraph:
- by redesignating paragraph (3) as paragraph (4); and
- in subsection (e)(2)(A), by striking ;
- by redesignating subsections (f) through (l) as subsections (g) through (m), respectively;
- (f) Copayments under no premium plans
- A member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c).
- (f) Copayments under no premium plans
- by inserting after subsection (e) the following new subsection (f):
- in subsection (i), as redesignated by paragraph (4), by striking
subsection (k)(2)and insertingsubsection (l)(2).
Sec. 702. Inclusion of certain tests as part of the periodic health assessment provided to members of the Armed Forces.
of title 10, United States Code, is amended by inserting after the following new section: Chapter 55; section 1074o
- Beginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following:
- On an annual basis—
- a sports physical;
- an electrocardiogram; and
- blood work that includes—
- (i) a comprehensive metabolic panel and complete blood count; and
- (ii) if necessary—
- a thyroid stimulating hormone test; and
- a brain natriuretic peptide test.
- Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (; note) and a test required by section 707 of such Act ( note). Public Law 116–92; 10 U.S.C. 1074f; 10 U.S.C. 1074
- Any other test or evaluation determined appropriate by the Secretary.
- On an annual basis—
Sec. 703. Fertility treatment for certain members of the Armed Forces and dependents.
- (a) Fertility treatment
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 55; section 1074o
- (a) Coverage
- The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.
- (b) In vitro fertilization
- In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)—
- three completed oocyte retrievals may be furnished per calendar year; and
- single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine.
- In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)—
- (c) Cost sharing and other limitations
- The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility.
- (d) Prohibitions
- Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology.
- (e) Definitions
- In this section:
- The term
covered membermeans— - The term
infertilitymeans a disease, condition, or status characterized by— - The term
fertility-related caremeans— - The term includes the following:
fertility treatment
- The term
- In this section:
- (a) Coverage
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 55; section 1074o
- (b) Program on fertility treatment coordination
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 55
- (a) In general
- The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
- (b) Training and support
- In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 55
- (c) Conforming amendment
- Fertility-related care shall be provided in accordance with section 1074p of this title.
- Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- (d) Exclusion from contracts for former members and their dependents
- Section 1086(a) of such title is amended by striking
eye examinations andand insertingeye examinations, fertility-related care pursuant to paragraph (21) of such section, and.
- Section 1086(a) of such title is amended by striking
- (e) Application
- The amendments made by this section shall apply with respect to services provided on or after October 1, 2027.
Sec. 704. TRICARE coverage for increased supply for contraception.
- (a) In general
- Beginning not less than 180 days after the date of the enactment of the Act, contraceptive supplies of up to 365 days shall be covered for any eligible covered beneficiary to obtain, including in a single fill or refill, at the option of such beneficiary, the total days of supply (not to exceed a 365-day supply) for a contraceptive on the uniform formulary provided through a military treatment facility pharmacy, retail pharmacy described in section 1074g(a)(2)(E)(ii) of such title, or through the national mail-order pharmacy program of the TRICARE Program.
- (b) Outreach
- Beginning not later than 90 days after the implementation of coverage under subsection (a), the Secretary shall conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled in the TRICARE program of such coverage and the requirements to receive such coverage.
- (c) Definitions
- In this section:
- The term
covered Armed Forcemeans the Army, Navy, Marine Corps, Air Force, or Space Force. - The term
eligible covered beneficiarymeans an eligible covered beneficiary as such term is used in section 1074g of title 10, United States Code who is— - The terms and have the meaning given such terms in section 1072 of title 10, United States Code.
TRICARE Program,TRICARE Prime
- The term
- In this section:
Sec. 705. Pilot program on access to obstetrical and gynecological care under TRICARE Prime program.
- (a) Pilot program
- Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which—
- the referral requirement in section 1095f(a)(1) of title 10, United States Code, does not apply with respect to obstetrical and gynecological care for covered participants; and
- covered participants may elect to designate an obstetrical or gynecological care provider under the TRICARE program as an additional designated primary care manager under such section.
- Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which—
- (b) Duration
- The Secretary shall carry out the pilot program for a period of five years.
- (c) Report
- Not later than four years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes the following:
- An assessment of any increases or decreases to TRICARE Prime enrollment during the period in which the Secretary carries out the pilot program.
- An assessment of any changes in the associated costs of providing obstetrical and gynecological care under TRICARE Prime.
- Any other matters the Secretary determines appropriate.
- Not later than four years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes the following:
- (d) Definitions
- In this section:
- The term
congressional defense committeeshas the meaning given that term in section 101(a)(16) of title 10, United States Code. - The term
covered participantmeans a female member of the Army, Navy, Air Force, Marine Corps, or Space Force or a female dependent of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, enrolled in TRICARE Prime who elects to participate in the pilot program. - The terms and have the meaning given those terms in section 1072 of title 10, United States Code.
TRICARE Prime,TRICARE program
- The term
- In this section:
Sec. 706. Pilot program to make midwife services available through TRICARE to certain individuals.
- (a) Pilot program
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall begin a five-year pilot program to provide services from covered midwives to covered individuals under the TRICARE program.
- (b) Authority to make permanent
- If the Secretary determines, after the termination of the pilot program that such pilot program was successful, the Secretary may prescribe such regulations to establish a permanent program to make services from covered midwives available to covered individuals as the Secretary determines appropriate.
- (c) Reports
- (1) Implementation report
- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to implement the pilot program under subsection (a).
- (2) Annual report
- Not later than one year after the date on which the pilot program begins and annually thereafter until the date that is 1 year after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report including:
- The total cost of the pilot program and the cost per covered individual who received care under the pilot program.
- The total number of covered individual who received care under the pilot program.
- The race, ethnicity, age, sex, relationship status, Armed Force, military occupation, and rank, as applicable, of covered individual who received care under the pilot program.
- An assessment of the effects of the pilot program on quality of care, including—
- (i) on maternal and fetal outcomes; and
- (ii) on the number of pre-term births, low-weight births, and rates of caesarean section, and such other data points as the Secretary determines appropriate.
- An assessment of patient satisfaction of covered individuals who received care through the pilot program.
- An assessment of access to maternity and labor and delivery care for covered individuals, including average wait time for an initial appointment and average travel time to the provider.
- An assessment of the effectiveness of the pilot program.
- Recommendations for adjustments to the pilot program.
- The estimated cost savings as a result of improved maternal and fetal health outcomes due to the pilot program.
- The Secretary of Defense’s recommendations relating to changes to the pilot program, an extension of the pilot program, and whether the pilot program should be expanded made permanent.
- Not later than one year after the date on which the pilot program begins and annually thereafter until the date that is 1 year after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report including:
- (1) Implementation report
- (d) Definitions
- In this section:
- The terms means a member serving in the Army, Navy, Air Force, Marine Corps, or Space Force, or a dependent of such a member.
covered individual - The term
covered midwifemeans a certified professional midwife or certified midwife who meets— - The term has the meaning given such term in section 1072 of title 10, United States Code.
TRICARE program
- The terms means a member serving in the Army, Navy, Air Force, Marine Corps, or Space Force, or a dependent of such a member.
- In this section:
Sec. 707. Pilot program to treat pregnancy as a qualifying event for enrollment in TRICARE Select.
- (a) Establishment
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a five-year pilot program under which—
- the Secretary shall treat pregnancy as a qualifying event under section 1099(b)(1)(B) of title 10, United States Code, for enrollment in TRICARE Select by an eligible beneficiary; and
- a member of the Army, Navy, Marine Corps, Air Force, or Space Force on active duty may enroll in TRICARE Select under paragraph (1) for a period that ends not later than 180 days after the end of pregnancy.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a five-year pilot program under which—
- (b) Initial briefing
- Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the pilot program under subsection (a).
- (c) Annual report
- Not later than one year after the Secretary commences the pilot program under subsection (a), and annually thereafter for the next four years, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Each such report shall include the number of covered enrollment changes, disaggregated by—
- month, beginning with January 2026; and
- whether the eligible beneficiary made such covered enrollment change—
- because the eligible beneficiary is a member of the covered Armed Forces on active duty who may enroll in TRICARE Select under the pilot program;
- because the eligible beneficiary is a member of the covered Armed Forces who separated from active duty;
- because the eligible beneficiary is a member of the covered Armed Forces who returned to active duty;
- because the eligible beneficiary is a dependent of a member of the covered Armed Forces who separated from active duty;
- because the eligible beneficiary is a dependent of a member of the covered Armed Forces who returned to active duty; or
- based on the treatment, under the pilot program, of pregnancy as a qualifying event for enrollment in TRICARE Select.
- Not later than one year after the Secretary commences the pilot program under subsection (a), and annually thereafter for the next four years, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Each such report shall include the number of covered enrollment changes, disaggregated by—
- (d) Definitions
- In this section:
- The term
covered Armed Forcesmeans the Army, Navy, Marine Corps, Air Force, and Space Force. - The term
covered enrollment changemeans a change to a previous election by an eligible beneficiary under subsection (b)(1) of section 1099 of title 10, United States Code, to enroll in a health care plan designated under subsection (c) of such section. - The term
eligible beneficiarymeans an individual— - The terms and have the meanings given such terms in section 1072 of title 10, United States Code.
TRICARE program,TRICARE Select
- The term
- In this section:
Sec. 708. Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer.
- (a) Establishment
- Not later than September 30, 2026, the Secretary of Defense shall establish a pilot program under which a covered individual may obtain supplemental insurance for noncovered expenses under a fixed indemnity supplemental benefit plan described in subsection (b)(1).
- (b) Agreement
- (1) In general
- In carrying out the pilot program under subsection (a), the Secretary shall enter into an agreement with not more than two companies to each offer one or more fixed indemnity supplemental benefit plans that—
- meet the requirements for a supplemental insurance plan under section 199.2 of title 32, Code of Federal Regulations, and the exception in section 199.8(b)(4) of such title, as in effect on the date of the enactment of this Act;
- are provided under a separate policy, certificate, or contract;
- provide no coordination with any other health benefit plan; and
- are designed to help participants pay noncovered expenses.
- In carrying out the pilot program under subsection (a), the Secretary shall enter into an agreement with not more than two companies to each offer one or more fixed indemnity supplemental benefit plans that—
- (2) Duration
- An agreement entered into under paragraph (1) shall be for a period of at least three years.
- (3) Requirements
- In entering an agreement under paragraph (1) with a company, the Secretary—
- may not select the company unless the company is licensed in each State;
- shall award the contract based on the expertise of the company;
- shall negotiate the terms and conditions of the fixed indemnity supplemental benefit plan provided under the contract, including with respect to the ability of the company to communicate with individuals not enrolled in the plan and whether such communication may include information on other insurance products;
- shall negotiate the cost of coverage with the company that will cover the participants who elect to enroll in such plan;
- shall provide a method for verification of the eligibility of applicants and procedures for determination of eligibility; and
- shall provide a method for payroll deduction of premiums.
- In entering an agreement under paragraph (1) with a company, the Secretary—
- (4) Provision of information
- The Secretary shall provide information to covered individuals regarding the pilot program under subsection (a) by making available on the online portal of the TRICARE program the following information:
- A notice of availability of a fixed indemnity supplemental benefit plan provided under the pilot program.
- A description of how to enroll in such plan.
- A description and explanation of the benefits provided under such plan.
- A description of the costs to the individual through premiums and remittances to a company providing such plan.
- The Secretary shall provide information to covered individuals regarding the pilot program under subsection (a) by making available on the online portal of the TRICARE program the following information:
- (1) In general
- (c) Election To enroll
- A covered individual may elect to enroll in a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
- (d) Limitations on authorization of appropriations
- None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 or any fiscal year thereafter to carry out the pilot program may be used to subsidize the cost of a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
- (e) Treatment of companies
- For purposes of the pilot program under subsection (a), companies selected to carry out the activities in subsection (b) shall not be considered contractors of the Federal Government.
- (f) Preemption
- The provisions of this section shall supersede the laws of any State except with respect to State laws relating to licensing of an insurance company or plan solvency of such a company.
- (g) Report
- Not later than three years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding such pilot program, including the following:
- A description of the insurance products provided through a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
- The number of covered individuals who enrolled in such a plan.
- Feedback and examples of use cases by such individuals.
- A determination by the Secretary with respect to whether such pilot program should be made permanent.
- Not later than three years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding such pilot program, including the following:
- (h) Sunset
- Unless the Secretary makes a determination under subsection (g)(4) to make the pilot program under subsection (a) permanent, the pilot program under subsection (a) shall terminate on the day that is five years after the date of the enactment of this Act.
- (i) Definitions
- In this section:
- The term
covered individualmeans the following: - The term
noncovered expensemeans, with respect to a covered individual, any expenses relating to the screening for and diagnosis and treatment of cancer that are not otherwise covered by the health care benefits the individuals receives under of title 10, United States Code. chapter 55 - The term
Statehas the meaning given such term in section 901 of title 32, United States Code. - The term
TRICARE programhas the meaning given that term in section 1072 of title 10, United States Code.
- The term
- In this section:
Sec. 709. Medical testing and related services for firefighters of Department of Defense.
- (a) Provision of services
- During the annual periodic health assessment of each firefighter of the Department of Defense, or at such other intervals as may be indicated in this subsection, the Secretary shall provide to the firefighter (at no cost to the firefighter) appropriate medical testing and related services to detect, document the presence or absence of, and prevent, certain cancers. Such services shall meet, at a minimum, the following criteria:
- (1) Breast cancer
- With respect to the breast cancer screening, if the firefighter is a female firefighter—
- such services shall include the provision of a mammogram to the firefighter—
- (i) on at least a biannual basis if the firefighter is 40 years old to 49 years old (inclusive);
- (ii) on at least an annual basis if the firefighter is at least 50 years old; and
- (iii) as clinically indicated (without regard to age); and
- in connection with such provision, a licensed radiologist shall review the most recent mammogram provided to the firefighter, as compared to prior mammograms so provided, and provide to the firefighter the results of such review.
- such services shall include the provision of a mammogram to the firefighter—
- With respect to the breast cancer screening, if the firefighter is a female firefighter—
- (2) Colon cancer
- With respect to colon cancer screening—
- if the firefighter is at least 40 years old, and as otherwise clinically indicated, such services shall include the communication to the firefighter of the risks and benefits of stool-based blood testing;
- if the firefighter is at least 45 years old, and as clinically indicated (without regard to age), such services shall include the provision, at regular intervals, of visual examinations (such as a colonoscopy, CT colonoscopy, or flexible sigmoidoscopy) or stool-based blood testing; and
- in connection with such provision, a licensed physician shall review and provide to the firefighter the results of such examination or testing, as the case may be.
- With respect to colon cancer screening—
- (3) Prostate cancer
- With respect to prostate cancer screening, if the firefighter is a male firefighter, the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test—
- on an annual basis, if the firefighter is at least 50 years old;
- on an annual basis, if the firefighter is at least 40 years old and is a high-risk individual; and
- as clinically indicated (without regard to age).
- With respect to prostate cancer screening, if the firefighter is a male firefighter, the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test—
- (4) Other cancers
- Such services shall include routine screenings for any other cancer the risk or occurrence of which the Director of the Centers for Disease Control and Prevention has identified as higher among firefighters than among the general public, the provision of which shall be carried out during the annual periodic health assessment of the firefighter.
- (b) Optional nature
- A firefighter of the Department of Defense may opt out of the receipt of a medical testing or related service provided under subsection (a).
- (c) Use of consensus technical standards
- In providing medical testing and related services under subsection (a), the Secretary shall use consensus technical standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( note). 15 U.S.C. 272
- (d) Documentation
- (1) In general
- In providing medical testing and related services under subsection (a), the Secretary—
- shall document the acceptance rates of such tests offered and the rates of such tests performed;
- shall document tests results, to identify trends in the rates of cancer occurrences among firefighters; and
- may collect and maintain additional information from the recipients of such tests and other services, to allow for appropriate scientific analysis.
- In providing medical testing and related services under subsection (a), the Secretary—
- (2) Privacy
- In analyzing any information of an individual documented, collected, or maintained under paragraph (1), in addition to complying with other applicable privacy laws, the Secretary shall ensure the name, and any other personally identifiable information, of the individual is removed from such information prior to the analysis.
- (3) Sharing with Centers for Disease Control and Prevention
- The Secretary may share data from any tests performed under subsection (a) with the Director of the Centers for Disease Control and Prevention, as appropriate, to increase the knowledge and understanding of cancer occurrences among firefighters.
- (1) In general
- (e) Definitions
- In this section:
- The term
firefighterhas the meaning given that term in section 707 of the National Defense Authorization Act for Fiscal Year 2020 (; 133 Stat. 1441; note). Public Law 116–92; 10 U.S.C. 1074m - The term
high-risk individualmeans an individual who—
- The term
- In this section:
Subtitle B—Health Care Administration
Sec. 721. Military-civilian medical surge program.
- (a) Establishment
- Section 1096 of title 10, United States Code, is amended—
- in the section heading, by adding at the end the following: ; and
; medical surge program- (e) Medical surge program
- The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to—
- support locations that the Secretary selects under paragraph (3); and
- enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4).
- (2)
- The Secretary, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.
- In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.
- (3)
- In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
- (i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and
- (ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
- The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Defense Department.
- The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:
- A declaration of a national emergency under the National Emergencies Act (). 50 U.S.C. 1621 et seq.
- A public health emergency declared under section 319 of the Public Health Service Act (). 42 U.S.C. 247d
- A declaration of war by Congress.
- The President’s exercise of executive powers under the War Powers Resolution (). 50 U.S.C. 1541 et seq.
- Any other emergency or major disaster as declared by the President.
- In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
- (5)
- The Secretary of Defense shall carry out the Program in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency.
- Each official specified in subparagraph (A) shall prescribe regulations necessary to carry out the Program.
- Not later than December 31, 2026, the officials specified in subparagraph (A) shall jointly issue an interagency operations plan for the Program.
- Nothing in this subsection shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency with respect to medical preparedness and response, staffing levels, or resource allocation.
- Beginning July 1, 2026, and annually thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency, shall submit to the appropriate congressional committees a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
- In this subsection:
- The term means the following:
appropriate congressional committees- (i) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives.
- (ii) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
- The term means a four-year
institution of higher education(as defined in section 101(a) of the Higher Education Act of 1965 ()). 20 U.S.C. 1001(a) - The term means the system established under section 2812 of the Public Health Service Act ().
National Disaster Medical System42 U.S.C. 300hh–11 - The term means the Military-Civilian Medical Surge
Programestablished under paragraph (1).
- The term means the following:
- The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to—
- (e) Medical surge program
- by adding at the end the following new subsection:
- in the section heading, by adding at the end the following: ; and
- Section 1096 of title 10, United States Code, is amended—
- (b) Authorization of appropriations
- Of the amounts authorized to be appropriated by section 1405, as specified in the funding table in section 4501, there is authorized to be appropriated to the Secretary of Defense $20,000,000 for fiscal year 2026 to carry out subsection (e) of section 1097 of title 10, United States Code, as added by subsection (a).
Sec. 722. Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents.
Section 1074i of title 10, United States Code, is amended—
- in subsection (a), by striking
In any caseand insertingExcept as provided by subsection (b), in any case; and - in subsection (b)—
- by striking the heading and inserting ;
- by striking
The Secretary of Defenseand inserting(1) The Secretary of Defense; and- With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting for .
50 miles100 miles
- With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting for .
- by inserting after paragraph (1), as designated by subparagraph (B) of this paragraph, the following new paragraph:
Sec. 723. Payment adjustments for outpatient services for certain children's hospitals.
- (a) Requirement
- Section 1079(i) of title 10, United States Code, is amended—
- by redesignating paragraph (4) as paragraph (5); and
- (4)
- In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria:
- (i) 10 percent or more of the revenue of the hospital comes from services provided to covered individuals under the TRICARE program.
- (ii) The hospital received not fewer than 10,000 visits by covered individuals that were paid under paragraph (2).
- (iii) The hospital has been determined by the Secretary to be essential for operations of the TRICARE program.
- The amount of the annual payment adjustment paid to a children’s hospital under subparagraph (A) shall be the amount that is 30 percent of payments made under the Outpatient Prospective Payment System (or successor system) to the children’s hospital under paragraph (2) during the year covered by the annual payment adjustment for outpatient services provided to covered individuals.
- In this paragraph:
- (i) The term
children’s hospitalmeans a provider of services provided under a plan covered by this section that is a children’s hospital. - (ii) The term
covered individualmeans a member of the armed forces serving on active duty or a dependent of such a member.
- (i) The term
- In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria:
- (4)
- by inserting after paragraph (3) the following new paragraph (4):
- by redesignating paragraph (4) as paragraph (5); and
- Section 1079(i) of title 10, United States Code, is amended—
- (b) Methodology and regulations
- The Secretary of Defense shall—
- develop a payment methodology to determine the amounts required to be paid under paragraph (4) of section 1079(i) of title 10, United States Code, as added by subsection (a); and
- prescribe joint regulations to carry out such payments that are separate from the regulations concerning outpatient prospective payments pursuant to paragraph (2) of such section.
- The Secretary of Defense shall—
Sec. 724. Verification of licensure of health-care professionals of the military departments.
Subsection (b) of section 1094 of title 10, United States Code, is amended to read as follows:
- (b)
- The Secretary of Defense shall ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of subsection (a).
- In carrying out paragraph (1), the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health-care professional, regardless of the location of the facility or the armed force in which the health-care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record.
Sec. 725. Expansion of health care license portability for members of the National Guard performing training or duty.
Section 1094(d)(3)(B) of title 10, United States Code, is amended by striking under section 502(f) of title 32 in response to an actual or potential disasterand inserting under title 32.
Sec. 726. Licensure requirement for health-care professionals of partner countries.
Section 1094(e) of title 10, United States Code, is amended—
- in paragraph (1)(A), by striking
; andand inserting, or the official agency of the government of a partner country; and; and- The term
partner countrymeans any of the following:- Australia.
- Canada.
- New Zealand.
- United Kingdom.
- Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.
- The term
- by inserting at the end the following:
Sec. 727. Modification of limitation on reduction of military medical manning end strength.
Section 741 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2395; note) is amended— Public Law 117–263; 10 U.S.C. 129c
- in subsection (a), by striking both places it appears and inserting
10-year period; and - in subsection (c)—
- in paragraph (2), by striking
Not later than two years after the date of the enactment of this Act,and insertingDuring each of 2024 and 2029,; and - in paragraphs (3) and (4), by striking both places it appears and inserting
December 31, 2030,.
- in paragraph (2), by striking
Sec. 728. Prohibition on painful research on domestic cats and dogs.
- (a) Prohibition
- Except as provided by subsection (b) or (c), the Secretary of Defense may not conduct, or support the conduct of, painful research on a domestic cat (Felis catus) or a domestic dog (Canis familiaris).
- (b) Exception
- The prohibition in subsection (a) shall not apply with respect to any physical exam, training program, or study relating to service animals or military animals.
- (c) Waiver
- The Secretary of Defense may waive the prohibition in subsection (a) on a case-by-case basis if the Secretary—
- determines that the waiver is in the national security interests of the United States; and
- not later than 30 days after the date on which the Secretary makes the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—
- an identification of the Department of Defense account from which funds would be obligated or expended to conduct, or support the conduct of, the proposed research covered by the waiver;
- an identification of the amount of such funds;
- an identification of the intended purpose of such funds;
- an identification of the recipient or prospective recipient of such funds (including any nongovernmental recipient, as applicable);
- an explanation for how the waiver is in the national security interests of the United States; and
- any other information the Secretary determines appropriate.
- The Secretary of Defense may waive the prohibition in subsection (a) on a case-by-case basis if the Secretary—
- (d) Definitions
- In this section:
- The term
military animalhas the meaning given the term in section 2583(i)(1) of title 10, United States Code. - The term includes any research, biomedical training, experimentation, or biological testing, classified in pain category D or E by the Department of Agriculture.
painful research - The term
service animalhas the meaning given the term in section 37.3 of title 49, Code of Federal Regulations, or such successor regulation.
- The term
- In this section:
Sec. 729. Pilot program to test standalone technology to improve efficiencies in supply-chain management, medical readiness, and medical processes.
- (a) Establishment
- Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall carry out a pilot program to test and evaluate existing standalone technologies to assess whether such technologies accomplish the following:
- Improving efficiencies in medical supply-chain management and in military medical readiness.
- Streamlining medical processes.
- Improving recordation accuracy.
- Reducing rates of needlestick injury.
- Enhancing retention rates of military health care providers.
- Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall carry out a pilot program to test and evaluate existing standalone technologies to assess whether such technologies accomplish the following:
- (b) Duration
- The Secretary shall carry out the pilot program for a five-year period.
Sec. 730. Availability of sexual assault nurse examiner services at military medical treatment facilities.
- (a) Requirement
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that each military medical treatment facility maintains, at all times, the continuous availability of at least one qualified sexual assault nurse examiner to provide forensic medical examinations and related care to sexual assault survivors.
- (b) Use of contracts to meet requirement
- The Secretary may satisfy the requirement in subsection (a) with respect to a military medical treatment facility if the Secretary enters into a contract or other agreement with a private provider under which the provider ensures the continuous availability of a qualified sexual assault nurse examiner to provide services at that facility. In entering into such a contract or other agreement, the Secretary shall ensure the following:
- A qualified sexual assault nurse examiner is on call 24 hours per day and will arrive at the facility not later than two hours after being called.
- The qualified sexual assault nurse examiners are located—
- not more than 25 miles by road from the facility; or
- within a 30-minute emergency response travel time under normal conditions from the facility.
- The qualified sexual assault nurse examiners meet or exceed all credentialing, training, and certification standards that the Secretary would otherwise apply to a sexual assault nurse examiner employed directly by the Department of Defense.
- The Secretary may satisfy the requirement in subsection (a) with respect to a military medical treatment facility if the Secretary enters into a contract or other agreement with a private provider under which the provider ensures the continuous availability of a qualified sexual assault nurse examiner to provide services at that facility. In entering into such a contract or other agreement, the Secretary shall ensure the following:
- (c) Information
- Not later than one year after the date of the enactment of this Act, the Secretary shall—
- issue updated policy guidance of the Department implementing the requirements of subsections (a) and (b), including standard language for contracts or other agreements under subsection (b); and
- submit to the Committees on Armed Services of the House of Representatives and the Senate a report detailing—
- the status of sexual assault nurse examiner staffing at each military medical treatment facility;
- any contracts or other agreements entered into under subsection (b), including the names and locations of providers;
- the average response times for sexual assault nurse examiners and any gaps in coverage experienced during the one-year period preceding the report; and
- plans to address any identified shortfalls in service availability.
- Not later than one year after the date of the enactment of this Act, the Secretary shall—
- (d) Definitions
- In this section:
- The term
military medical treatment facilityhas the meaning given that term in section 1073c of title 10, United States Code. - The term
sexual assault nurse examinermeans a registered nurse who has received specialized training and certification in the forensic examination of sexual assault survivors and the collection of forensic evidence, in accordance with standards established by the International Association of Forensic Nurses or an equivalent certifying body.
- The term
- In this section:
Sec. 731. Uniform protocols on screening for unwanted sexual behavior.
- (a) Guidance
- Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency, in coordination with the Assistant Secretary of Defense for Health Affairs and the Under Secretary of Defense for Personnel and Readiness, shall develop comprehensive written guidance establishing uniform protocols for providing a screening for unwanted sexual behavior to patients at military medical treatment facilities.
- (b) Report
- Not later than one year after the date on which the Director issues the guidance under subsection (a), the Director shall submit to the congressional defense committees a report containing the following:
- An assessment of the extent to which each military medical treatment facility has implemented the guidance.
- Aggregate, de-identified data on screening rates, positive-screen rates, and referral follow-through.
- Any planned revisions to the guidance.
- Not later than one year after the date on which the Director issues the guidance under subsection (a), the Director shall submit to the congressional defense committees a report containing the following:
- (c) Screening for unwanted sexual behavior defined
- In this section, the term means the use of standardized, evidence-based questions or instruments to detect whether an individual has been subject to any sexual contact or interaction to which the individual did not or could not freely consent, including harassment, coercion, assault, or abuse.
screening for unwanted sexual behavior
- In this section, the term means the use of standardized, evidence-based questions or instruments to detect whether an individual has been subject to any sexual contact or interaction to which the individual did not or could not freely consent, including harassment, coercion, assault, or abuse.
Sec. 732. Access to sexual assault forensic examinations for civilian employees and contractors.
Section 1725(b) of the National Defense Authorization Act for Fiscal Year 2014 (; note) is amended— Public Law 113–66; 10 U.S.C. 1561
- in paragraph (2)—
- by inserting after ; and
- (3) Access to Sexual Assault Forensic Examiners
- In addition to furnishing sexual assault forensic examinations to patients of military medical treatment facilities, the Secretary of Defense shall ensure that civilian employees and contractors of the Department of Defense are furnished sexual assault forensic examinations at military medical treatment facilities (including such facilities located outside the United States) following an allegation of sexual assault, regardless of whether the employee or contractor is otherwise eligible for health care under of title 10, United States Code. chapter 55
- by adding at the end the following:
Sec. 733. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances.
The Secretary of Defense shall provide to each health care provider of the Department of Defense mandatory training regarding the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.
Subtitle C—Studies, Briefings, Reports, and Other Matters
Sec. 741. Military medical cooperation arrangements among Five Eyes countries.
Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 138
- (a) Authority
- The Secretary of Defense may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of the Five Eyes countries to support military medical cooperation or improve operational medical interoperability.
- (b) Definitions
- In this section:
- The term means the following:
Five Eyes countries - The term
military medical cooperationmeans any of the following: - The term
military medicinemeans any of the following:
- The term means the following:
- In this section:
Sec. 742. Strategy for treating traumatic brain injuries through digital health technologies.
Section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note) is amended— Public Law 117–263; 10 U.S.C. 1071
- by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
- (e) Digital health technologies
- (1) Working group
- As part of the Initiative, the Secretary shall establish a working group to develop a strategy for treating traumatic brain injuries through digital health technologies.
- (2) Membership
- The working group shall be composed of members of the Armed Forces, civilian employees of the Department of Defense, and individuals not employed by the Federal Government, who have expertise in traumatic brain injury clinical care, biomedical informatics, engineering, or implementation science.
- (3) Elements
- The strategy developed under paragraph (1) shall include the following:
- Identification of capability gaps in the treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies.
- An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health technologies, including any applicable commercial off-the-shelf solutions being used by the Secretary to support the treatment of traumatic brain injuries.
- Recommendations with respect to advances required to—
- (i) address gaps identified under subparagraph (A); and
- (ii) significantly improve the treatment of traumatic brain injuries using artificial intelligence and digital health technologies.
- A recommended investment plan to advance technology and knowledge readiness levels to field digital health technologies to treat traumatic brain injuries.
- The strategy developed under paragraph (1) shall include the following:
- (4) Briefing
- Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the strategy developed under paragraph (1).
- (1) Working group
- (e) Digital health technologies
- by inserting after subsection (d) the following new subsection:
Sec. 743. Report on traumatic brain injuries among certain pilots serving on active duty.
- (a) Report
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains a study determining whether, and to what extent, members of the Armed Forces serving on active duty as pilots suffer from traumatic brain injury resulting from the cumulative effects of high-speed maneuvers, catapult launches, and other repetitive actions potentially harmful to brain health as a result of such service.
- (b) Matters included
- The report under subsection (a) shall include the following:
- The results of the study under subsection (a).
- A summary of existing policies and procedures of the Department of Defense, as of the date of the report, for identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots.
- A strategy to better identify, document, and treat mild, moderate, and severe traumatic brain injury among pilots.
- Recommendations of the Secretary with respect to potential regulatory and legislative actions to address challenges in identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots.
- The report under subsection (a) shall include the following:
Sec. 744. Study on prevalence and mortality of cancer among military rotary-wing pilots and aviation support personnel.
- (a) Study required
- The Director of the Defense Health Agency, in coordination with the Directors of the National Institutes of Health and the National Cancer Institute, shall conduct a study among covered individuals in two phases as provided by this section.
- (b) Initial phase of study
- (1) Goal of initial phase
- Under the initial phase of the study under subsection (a), the Director of the Defense Health Agency shall determine, for each cancer specified in paragraph (2), whether there is an increased prevalence of, or increased rate of mortality caused by, such cancer for covered individuals as compared to similarly aged individuals in the general population (or, in the case of the cancer specified in paragraph (2)(B), for female covered individuals as compared to similarly aged women in the general population).
- (2) Cancers specified
- The cancers specified in this paragraph are the following:
- Brain cancer.
- Breast cancer.
- Colon and rectal cancer.
- Kidney cancer.
- Lung cancer.
- Melanoma.
- Non-Hodgkin’s lymphoma.
- Ovarian cancer.
- Pancreatic cancer.
- Prostate cancer.
- Testicular cancer.
- Urinary bladder cancer.
- The cancers specified in this paragraph are the following:
- (3) Report on initial phase
- Not later than one year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the appropriate congressional committees a report on the findings of the phase of the study under this subsection.
- (1) Goal of initial phase
- (c) Second phase of study
- (1) Goal of second phase
- If, pursuant to the phase of the study under subsection (b), the Director of the Defense Health Agency determines there is an increased prevalence of, or increased mortality rate caused by, any cancer specified in subsection (b)(2) among covered individuals (or, with respect to the cancer specified in subsection (b)(2)(B), among female covered individuals), the Director shall conduct a second phase of the study to—
- identify any carcinogenic toxin or other hazardous material associated with the operation of military rotary-wing aircraft, such as fumes, fuels, or other liquids;
- identify any operating environment, including frequencies or electromagnetic fields, in which covered individuals may have received excess exposure to non-ionizing radiation in the course of such operation, including non-ionizing radiation associated with airborne, ground, or shipboard radars; and
- identify potential exposures as a result of military service by covered individuals to carcinogenic toxins or other hazardous materials not associated with the operation of military rotary-wing aircraft (such as exposure to burn pits, toxins in contaminated water, or toxins embedded in soils), including by determining—
- (i) the locations of such service; and
- (ii) any duties of covered individuals unrelated to such operation and associated with an increased prevalence of, or increased mortality rate caused by, cancer.
- If, pursuant to the phase of the study under subsection (b), the Director of the Defense Health Agency determines there is an increased prevalence of, or increased mortality rate caused by, any cancer specified in subsection (b)(2) among covered individuals (or, with respect to the cancer specified in subsection (b)(2)(B), among female covered individuals), the Director shall conduct a second phase of the study to—
- (2) Report on second phase
- If the Director of the Defense Health Agency conducts the phase of the study under this subsection, not later than one year after the date on which the Director submits the report under subsection (b)(3), the Director shall submit to the appropriate congressional committees a report on the findings of such phase.
- (3) Data format
- The Director of the Defense Health Agency shall format any data resulting from the phase of the study under this subsection consistent with the formatting of data under the Surveillance, Epidemiology, and End Results program, including by disaggregating such data by race, gender, and age.
- (1) Goal of second phase
- (d) Sources of data
- In conducting the study under this section, the Director of the Defense Health Agency shall use data from—
- the database of the Surveillance, Epidemiology, and End Results program;
- the study conducted under section 750 of the National Defense Authorization Act for Fiscal Year 2021 (; 134 Stat. 3716); and Public Law 116–283
- any other study previously conducted by the Secretary of a military department that the Director determines relevant for purposes of this section.
- In conducting the study under this section, the Director of the Defense Health Agency shall use data from—
- (e) Definitions
- In this section:
- The term means—
appropriate congressional committees - The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
covered Armed Force - The term means any individual who—
covered individual - The term means the program of the National Cancer Institute referred to in section 399B(d)(1) of the Public Health Service Act (), or any successor program.
Surveillance, Epidemiology, and End Results program40 U.S.C. 280e(d)(1)
- The term means—
- In this section:
Sec. 745. Study on effects of service in the special operations forces to health of members of the Armed Forces.
- (a) Study
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a five-year longitudinal study on the evaluation and treatment of traumatic brain injuries and other injuries to provide analyses, findings, and recommendations with respect to extending the health span of members of special operations forces.
- (b) Elements
- The study under subsection (a) shall include the following:
- An evaluation of various exposure factors, including environmental, injury, and disease, to identify and quantify the relationship of such exposure to long-term health.
- An identification of sensitive and rapid biomarkers related to injury and outcomes at the acute, subacute, and chronic level that translate to practical injury mitigation.
- The characterizing and analysis of the factors associated with mitigating initial injury, enhancing force resilience, and optimizing long-term outcomes.
- An identification of the critical pre-service and post-service related issues that affect long-term health span.
- An identification of the factors associated with early aging at the patient facing and cellular level to identify targets for potential therapeutics and interventions.
- Any other elements as determined appropriate by the Secretary.
- The study under subsection (a) shall include the following:
- (c) Progress reports
- Not later than 90 days after the date on which the Secretary commences the study under subsection (a), and annually thereafter during the duration of the study, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a progress report of activities conducted under the study during the period covered by the report.
- (d) Final report
- Not later than 180 days after the date on which the Secretary completes the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the study and recommendations based on the study, including information regarding—
- identification of health trajectories associated with a career serving as a member of the special operations forces;
- modifiable and nonmodifiable factors, including biomarkers, disease processes, and social determinants of health, associated with life-span trajectories and an increase in force readiness;
- any recommendations to alter health trajectories and improve force resilience and long-term health span in active and retired members of the special operations forces; and
- processes to integrate factors that affect the health of an individual before serving in the special operations forces, including with respect to the exposure history and health trajectory of the individual, into simple scores that can be use to improve the care of active and retired members of the special operations forces.
- Not later than 180 days after the date on which the Secretary completes the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the study and recommendations based on the study, including information regarding—
- (e) Special operations forces defined
- In this section, the term
special operations forcesmeans the forces described in section 167(j) of title 10, United States Code.
- In this section, the term
Sec. 746. Pilot program on use of fish skin regeneration products in treating burn and blast injuries.
- (a) Pilot program
- The Secretary of Defense may carry out a pilot program to—
- evaluate the efficacy of fish skin regeneration products in treating burn and blast injuries of members of the Armed Forces; and
- with respect to such products, assess the clinical outcomes, cost-effectiveness, and potential benefits for long-term recovery and military readiness.
- The Secretary of Defense may carry out a pilot program to—
- (b) Location
- If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program at the Walter Reed National Military Medical Center.
- (c) Duration
- If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program for three years.
- (d) Reports
- Not later than one year after the date on which the Secretary commences the pilot program under subsection (a), and annually thereafter during the life of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program.
Sec. 747. Pilot program on remote blood pressure monitoring for certain pregnant and post-partum TRICARE beneficiaries.
- (a) Establishment
- (1) In general
- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Defense Health Agency, shall establish a pilot program on blood pressure monitoring for at-risk pregnant and postpartum TRICARE beneficiaries in order to increase the rate of early detection of hypertensive disorder related to pregnancy and postpartum.
- (2) Model
- The Secretary may model the pilot program on a pilot program for blood pressure self-monitoring of the Healthy Start Program operated by the Health Resources and Services Administration of the Department of Health and Human Services.
- (1) In general
- (b) Sites
- The Secretary shall select sites for the pilot program in accordance with the following:
- The pilot program shall operate at not fewer than two military medical treatment facilities of each of the Army, Navy, Marine Corps, Air Force, and Space Force.
- Sites shall be geographically diverse, including locations in rural and urban areas.
- The Secretary shall give priority to a military medical treatment facility that has a large number of obstetric patients or a history of maternal health programs.
- The Secretary shall select sites for the pilot program in accordance with the following:
- (c) Participants
- (1) Eligibility
- An eligible participant for the pilot program, is an individual—
- who is enrolled in TRICARE;
- who is pregnant or postpartum;
- who receives health care through a military medical treatment facility selected under subsection (b); and
- whom the Secretary determines is at risk (based on evidence and current medical standards and recommendations) of a hypertensive disorder of pregnancy or negative health outcomes as a result of a hypertensive disorder of pregnancy.
- An eligible participant for the pilot program, is an individual—
- (2) Voluntary
- Participation in the pilot program shall be voluntary.
- (1) Eligibility
- (d) Equipment
- A participant in the pilot program shall receive—
- a device approved by the Food and Drug Administration for the digital monitoring of blood pressure, validated by the Food and Drug Administration for use during pregnancy, capable of remote monitoring and data transmission, has adjustable or alternative cuff sizes; and
- educational materials and instructions on the use of such device from a health care provider of the Department of Defense.
- A participant in the pilot program shall receive—
- (e) Providers
- In carrying out the pilot program, the Secretary shall use primary care and obstetric care providers of eligible participants, to the extent practicable.
- (f) Materials
- The Secretary shall develop supporting materials for health care providers who facilitate the pilot program, including the following:
- Guidance on how to identify eligible participants for the pilot program.
- Evidence-based educational materials regarding maternal health best practices for eligible participants.
- The Secretary shall develop supporting materials for health care providers who facilitate the pilot program, including the following:
- (g) Term
- The pilot program shall terminate five years after the date on which the Secretary establishes such pilot program.
- (h) Report
- Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the pilot program, and publish such report on the website of the Department of Defense. The report shall include the following elements, disaggregated by the Armed Force, sex, age, race, and ethnicity of participants:
- The number of participants in the pilot program.
- The percentage of such participants who used the monitors as prescribed.
- A summary of barriers or challenges participants experienced using the monitors and if they resulted in underutilization.
- The percentage of participants who had blood pressure readings of concern.
- The percentage of participants described in paragraph (4) who received medical attention based on such readings.
- A summary of provider and participant feedback, including percentages of—
- providers that found the program influenced patient care; and
- participants who found the program was helpful in managing their own care.
- Recommendations of the Secretary whether the pilot program should be altered, expanded, or made permanent.
- Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the pilot program, and publish such report on the website of the Department of Defense. The report shall include the following elements, disaggregated by the Armed Force, sex, age, race, and ethnicity of participants:
Sec. 748. Pilot program to help certain members of the Armed Forces stop smoking.
- (a) Authority
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may carry out a one-year pilot program to furnish, to covered members, the alternatives to smoking specified in subsection (b) in order—
- to help such covered members stop smoking; and
- to improve the health of such covered members.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may carry out a one-year pilot program to furnish, to covered members, the alternatives to smoking specified in subsection (b) in order—
- (b) Alternatives to smoking
- The alternatives to smoking specified in this subsection are:
- Counseling.
- Nicotine gum.
- Nicotine patches.
- Electric nicotine delivery systems.
- The alternatives to smoking specified in this subsection are:
- (c) Participation
- If the Secretary carries out such a pilot program, the pilot program shall operate—
- in not less than one covered Armed Force; and
- at not less than one military installation at which covered members serve in numbers that exceed the national average for each of the following:
- Smoking cigarettes or other combustible tobacco products.
- Population of Black Americans.
- Population of Asian and Pacific Islander Americans.
- Population of Hispanic Americans.
- Population of Appalachian Americans.
- If the Secretary carries out such a pilot program, the pilot program shall operate—
- (d) Report
- Not later than one year after the termination of such a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the results of the pilot program. Elements of such report shall include the determination of the Secretary regarding—
- whether the pilot program helped covered members stop smoking;
- the alternatives specified in subsection (b) that are most effective in helping covered members to stop smoking;
- gaps in health care services available to covered members who belong to the populations described in subsection (c)(2); and
- the recommendation of the Secretary whether to expand, extend, or make permanent the pilot program.
- Not later than one year after the termination of such a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the results of the pilot program. Elements of such report shall include the determination of the Secretary regarding—
- (e) Definitions
- In this section:
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
covered Armed Force - The term means a member of a covered Armed Force—
covered member
- The term means the Army, Navy, Marine Corps, Air Force, or Space Force.
- In this section:
Sec. 749. Pilot program on secure, mobile personal health record for members of the Armed Forces participating in the Transition Assistance Program.
- (a) Pilot program
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program under which members of the Armed Forces who are serving on active duty and receiving benefits or services under the Transition Assistance Program are able to use a covered health record platform to collect their medical records before separating from active duty.
- (b) Selection of armed forces
- The Secretary shall select not less than one Armed Force in which to carry out the pilot program under subsection (a).
- (c) Contract authority
- (1) In general
- The Secretary shall seek to enter into a contract using competitive procedures with an appropriate entity, as determined by the Secretary, for the provision of the covered health record platform under the pilot program under subsection (a).
- (2) Notice of competition
- Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing covered health record platform.
- (3) Selection
- Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to an appropriate entity pursuant to the request for proposals under paragraph (2) if at least one acceptable offer from such an entity is submitted.
- (1) In general
- (d) Duration of pilot program
- (1) In general
- The Secretary shall carry out the pilot program under subsection (a) for a period of not less than one year.
- (2) Termination or extension of program
- At the end of the one-year period specified in paragraph (1), the Secretary may—
- terminate the pilot program under subsection (a);
- continue the pilot program;
- expand the pilot program; or
- implement the use of a covered health record platform in the Transition Assistance Program throughout the Armed Forces.
- At the end of the one-year period specified in paragraph (1), the Secretary may—
- (1) In general
- (e) Prohibition on new appropriations
- No additional funds are authorized to be appropriated to carry out the requirements of this section. Such requirements shall be carried out using amounts otherwise authorized to be appropriated for the Department of Defense.
- (f) Definitions
- In this section:
- The term means a secure personal health record platform that meets the following requirements:
covered health record platform - The term means the program of the Department of Defense for preparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
Transition Assistance Program
- The term means a secure personal health record platform that meets the following requirements:
- In this section:
Sec. 750. Report on transitioning of mail-order pharmacy program of TRICARE program to an in-house mail order service.
- (a) Report
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of transitioning the contractor-operated mail-order pharmacy program of the TRICARE program to a service provided directly by the Department of Defense.
- (b) Elements
- The report under subsection (a) shall include an analysis of the following with respect to the transition described in such subsection:
- Costs, including administrative costs, dispensing fees, and administrative overhead.
- Structure and staffing.
- The effect on beneficiaries under the TRICARE program, including regarding delivery times and quality.
- The feasibility and advisability of combining the mail-order pharmacy functions under the TRICARE program with the mail-order pharmacy functions of the Veterans Health Administration of the Department of Veterans Affairs.
- The report under subsection (a) shall include an analysis of the following with respect to the transition described in such subsection:
- (c) TRICARE program defined
- In this section, the term has the meaning given that term in section 1072 of title 10, United States Code.
TRICARE program
- In this section, the term has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 751. Strategic plan to address mental health of members of the Armed Forces.
- (a) Plan
- The Secretary of Defense, in coordination with each Secretary of a military department and the Director of the Defense Health Agency, shall develop a strategic plan to address suicide by members of the Armed Forces and the mental health services provided to members.
- (b) Elements
- The plan under subsection (a) shall include the following:
- Developing and enforcing uniform protocols with respect to—
- the regulations prescribed for the self-initiated referral process under section 1090b(e) of title 10, United States Code, for members of the Armed Forces seeking mental health evaluations;
- the provision of information, including through workplace posters, flyers, and advertisements, to ensure members are aware of such referral process.
- Standardized mental health training for members of the Armed Forces, including—
- specialized training for commanders, senior enlisted leaders, and medical personnel on identifying and addressing mental health concerns;
- the development of a certification process based on completion of training with documented proof of compliance;
- how to respond when a member initiates the referral process under section 1090b(e) of title 10, United States Code; and
- how to recognize signs indicating mental health distress.
- Developing and enforcing uniform protocols with respect to—
- The plan under subsection (a) shall include the following:
Title VIII—Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A—Acquisition Policy and Management
Sec. 801. Multiyear procurement authority for covered weapon systems.
- (a) Authority for multiyear procurement
- Subject to section 3501 of title 10, United States Code, the Secretary of the Defense shall enter into one or more multiyear contracts for the procurement of a covered weapon system if—
- a decision has been made to move such covered weapon system to full-rate production; and
- such covered weapon system is projected to maintain full-rate production for a period of five or more consecutive years after entering into such a contract.
- Subject to section 3501 of title 10, United States Code, the Secretary of the Defense shall enter into one or more multiyear contracts for the procurement of a covered weapon system if—
- (b) Waiver
- The Secretary of Defense may waive the requirements of subsection (a) if the Secretary determines that the projected threat environment in which the covered weapon system is to be fielded has changed in a manner such that the procurement of such system is no longer necessary.
- (c) Applicability
- This section and the requirements of this section shall apply with respect to a multiyear contract for the procurement of a covered weapon system entered into on or after the date of the enactment of this Act.
- (d) Covered weapon system defined
- In this section, the term
covered weapon systemmeans a major weapon system (as defined in section 3455 of title 10, United States Code)—- for which the budget justification documents submitted by the Secretary in accordance with section 4205 of title 10, United States Code, state that the planned procurement schedule, conducted at the most effective production rate (as defined in such section), will require 36 months or more to obtain the total quantity of units to be procured until procurement is complete; and
- that is estimated by the Secretary of Defense to require an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,000,000,000 (based on fiscal year 2025 constant dollars).
- In this section, the term
Sec. 802. Elimination of late cost and pricing data submission defense.
Section 3706(c) of title 10, United States Code, is amended—
- in paragraph (3) by striking
orat the end; - in paragraph (4) by striking the period and inserting ; and
- updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old.
- by adding at the end the following:
Sec. 803. Reporting of price increases.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 271
- (a) In general
- An offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to—
- In general
- 25 percent more than the price specified in the covered contract bid;
- 25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or
- 50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into.
- (b) Noncompliance
- With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information:
- An identification of such offeror and the specific product or service to which such report should relate.
- The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service.
- With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information:
- (c) Covered contract defined
- In this section, the term
covered contractmeans a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation.
- In this section, the term
Sec. 804. Assumption of uninsurable risk on certain contracts.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 281
- (a) In general
- The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract—
- such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or
- a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
- The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract—
- (b) Limitations
- Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
- occurs outside the period of performance for such work in process under such covered contract; or
- results from gross misconduct by the contractor.
- Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
- (c) Regulations
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out this section.
- (d) Definitions
- In this section:
- The term
classified contractmeans a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information. - The term
covered contractmeans a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act. - The term , with respect to a contract, means a product to be delivered under such contract—
work in process
- The term
- In this section:
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 281
- (b) Regulations
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out section 3864 of title 10, United States Code, as added by subsection (a).
Sec. 805. Changes to reference documents.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 361
- (a) In general
- Each contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that—
- provides the version of such external document that is applicable to such contract or other agreement; and
- indicates whether any changes have been made to such external document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
- Each contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that—
- (b) Unnotated documents
- If a contract or other agreement described in subsection (a) does not include the notation required under such subsection for an external document referred to in such contract or other agreement, the version of the external document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
- (c) External document defined
- In this section, the term , with respect to a contract or other agreement, means a document to which such contract or other agreement refers that—
external document- is external to such contract or other agreement; and
- either—
- contains or affects any material term of such contract or other agreement; or
- otherwise modifies the performance required under such contract or other agreement.
- In this section, the term , with respect to a contract or other agreement, means a document to which such contract or other agreement refers that—
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 361
- (b) Applicability
- The amendment made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act.
Sec. 806. Major system cost growth oversight.
- (a) Shorten Nunn-McCurdy breach report timeline
- Section 4374 of title 10, United States Code, is amended—
- in subsection (a), by striking
When a unit cost reportand insertingNot later than 30 days after a unit cost report; - in subsection (b), by striking
When a unit cost reportand insertingNot later than 30 days after a unit cost report; and- (2) Time for submission of notification to Congress
- In the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title or a report submitted in accordance with section 4373 of this title, the Secretary shall submit the notification to Congress within 30 days after the date on which the determination was made.
- (2) Time for submission of notification to Congress
- in subsection (c), by amending paragraph (2) to read as follows:
- in subsection (a), by striking
- Section 4374 of title 10, United States Code, is amended—
- (b) End item major subprogram designation
- If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart.
- Section 4203(a)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
- (c) Operations and support cost inclusion
- Section 4214(a)(2) of title 10, United States Code, is amended by inserting before the period at the end.
- (d) Critical cost growth termination
- Section 4376 of title 10, United States Code, is amended—
- (4) Delegation
- The Secretary may not delegate the submission of a written certification under paragraph (1).
- in subsection (b), by adding at the end the following new paragraphs:
- in subsection (c)—
- in paragraph (2), by striking
andat the end; - in paragraph (3), by striking the period at the end and inserting
; and; and- consideration of termination plans that maximize value, including—
- immediate termination of the program with no further action;
- termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program;
- termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and
- any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program.
- consideration of termination plans that maximize value, including—
- by adding at the end the following new paragraph:
- in paragraph (2), by striking
- (4) Delegation
- Section 4376 of title 10, United States Code, is amended—
Sec. 807. Contested logistics exercise requirement.
Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (; note) is amended— Public Law 118–31; 10 U.S.C. 2341
- by redesignating subsection (h) as subsection (i); and
- (h) Contested logistics exercise requirement
- (1) In general
- The Secretary of Defense shall direct the Secretaries of the Navy and the Air Force to incorporate the requirements of the Program into the execution of the Return of Forces to the Pacific exercise of the Air Force and the Rim of the Pacific exercise of the Navy.
- (2) Execution
- In carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following:
- Operational scenarios that require greater collaboration amongst national militaries to support logistics requirements and which shall leverage contracting processes and operational contract support, acquisitions and cross servicing agreements, and prepositioned assets to assess how participating nations can maximize deterrence value and readiness of military forces.
- Barriers that may prevent and opportunities to expand the joint sustainment of weapons systems by nations that commonly operate such weapon systems, including—
- (i) the use of agreements related to maintenance and the sharing of parts; and
- (ii) how participating nations can expand tactical maintenance and supply interoperability.
- Conducting maintenance of weapons systems in austere environments and the associated transportation requirements.
- Existing policies, statutes, and technical requirements that prevent further integration of sustainment of weapon systems amongst participating nations.
- In carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following:
- (3) Termination
- This subsection shall terminate on the date described in subsection (g).
- (1) In general
- (h) Contested logistics exercise requirement
- by inserting after subsection (g) the following new subsection:
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Additional amendments related to undefinitized contractual actions.
- (a) In general
- (1) Additional allowed profits
- Section 3374(a) of title 10, United States Code, is amended—
- in the heading, by striking ;
- in paragraph (1), by striking
andat the end; - in paragraph (2), by striking the period at the end and inserting a semicolon; and
- the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
- would have been directly chargeable to the contract if incurred after the award of the contract; and
- were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and
- the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.
- the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
- by adding at the end the following new paragraphs:
- Section 3374(a) of title 10, United States Code, is amended—
- (2) Contract financing progress payment increase
- Section 3804 of title 10, United States Code, is amended—
- by striking subsection (b);
- by redesignating subsection (c) as subsection (b); and
- (c) Adjustment to the rate of contract financing
- If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor.
- (c) Adjustment to the rate of contract financing
- by adding at the end the following new subsection:
- Section 3804 of title 10, United States Code, is amended—
- (1) Additional allowed profits
- (b) Regulations
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out sections 3374(a) and 3804 of title 10, United States Code, as amended by subsection (a).
Sec. 812. Modification to award amount for program to accelerate the procurement and fielding of innovative technologies.
Section 3604(c) of title 10, United States Code, is amended—
- in the subsection heading, by striking ; and
- by inserting before .
Sec. 813. Other transaction authority reporting.
Section 4021 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (j) Reporting requirements
- With respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use—
- is reported in the same manner as other similar expenditures of the Department of Defense; and
- is included in the searchable website established under the Federal Funding Accountability and Transparency Act of 2006 (; note). Public Law 109–282; 31 U.S.C. 6101
- With respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use—
Sec. 814. Amendment to procurement of services data analysis and requirements validation.
Section 4506 of title 10, United States Code, is amended—
- by repealing subsection (e); and
- in subsection (f)—
- by striking paragraphs (1) and (2); and
- by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
Sec. 815. Acquisition thresholds for certain materials.
- (a) Strategic materials
- (f) Exception for small purchases
- Subsection (a) does not apply to acquisitions in amounts not greater than $250,000.
- A proposed acquisition of an item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
- On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
- Section 4863 of title 10, United States Code, is amended by amending subsection (f) to read as follows:
- (f) Exception for small purchases
- (b) Sensitive materials from non-allied foreign nations
- Section 4872 of title 10, United States Code, as amended by section 816 of this Act, is further amended by inserting after subsection (f) (as added by such section) the following new subsection:
- (g) Exception for small purchases
- Subsection (a)(1) does not apply to procurements in amounts not greater than $250,000.
- A proposed procurement of a material or item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
- On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
- (g) Exception for small purchases
- Section 4872 of title 10, United States Code, as amended by section 816 of this Act, is further amended by inserting after subsection (f) (as added by such section) the following new subsection:
- (c) Printed circuit boards
- (g) Exception for small purchases
- Subsection (a)(1) does not apply to acquisitions in amounts not greater than $10,000.
- A proposed acquisition of an item subject to subsection (a)(1) in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
- On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
- Section 4873 of title 10, United States Code, is amended by adding at the end the following new subsection:
- (g) Exception for small purchases
Sec. 816. Additional materials prohibited from non-allied foreign nations.
- (a) In general
- Section 4872 of title 10, United States Code, is amended—
- by redesignating subsection (f) as subsection (h);
- (f) Covered material designation
- (1) In general
- The Secretary of Defense shall submit to the congressional defense committees a notice of a designation under subsection (h)(1)(F) not later than 30 days prior to the date on which such designation is published in the Federal Register.
- (2) Effective date
- The designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)—
- shall take effect on the date that is one year after the date on which the Secretary of Defense publishes a notice of such designation in the Federal Register and submits to the congressional defense committees the notice required under paragraph (1) with respect to such notice; and
- shall apply only with respect to contracts or other agreements entered into after the date on which such designation takes effect under subparagraph (A).
- The designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)—
- (1) In general
- (f) Covered material designation
- by inserting after subsection (e) the following new subsection:
- in subsection (h), as so redesignated—
- in subparagraph (D), by striking
andat the end; - in subparagraph (E), by striking the period at the end and inserting
; and; and- any other mineral, material, substrate, metal, or alloy designated by the Secretary of Defense pursuant to a determination by the Secretary of Defense that such designation is in the interest of national security.
- by adding at the end the following new subparagraph:
- in subparagraph (D), by striking
- by redesignating subsection (f) as subsection (h);
- Section 4872 of title 10, United States Code, is amended—
Sec. 817. Extension of authority for pilot program for development of technology-enhanced capabilities with partnership intermediaries.
Section 851(e) of the National Defense Authorization Act for Fiscal Year 2020 ( note) is amended by striking September 30, 2025and inserting September 30, 2028. 10 U.S.C. 4901
Sec. 818. Government Accountability Office bid protest process enhancement.
- (a) Revise regulations
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to establish procedures for a contracting officer of the Department of Defense to file a claim against a contractor that files a covered bid protest.
- (2) Claims procedures
- The procedures required by paragraph (1) shall ensure the following:
- A claim described in paragraph (1) shall be filed in accordance with of title 41, United States Code. chapter 71
- Any remedy shall be limited to the disgorgement of any profits and fees earned by the incumbent contractor in the performance of a covered contract during the disgorgement period.
- The procedures required by paragraph (1) shall ensure the following:
- (3) Treatment of amounts received
- Amounts received as result of a claim described in paragraph (1) shall be credited to the fund or account that was used to cover the costs of the covered contract, or, if the period of availability of obligations for the appropriation from which such costs were paid has expired, to the appropriations of a fund or account that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- (4) Definitions
- In this subsection:
- The term means a bid protest—
covered bid protest- (i) that was filed with the Comptroller General of the United States by an incumbent contractor;
- (ii) that was dismissed by the Comptroller General based a lack of any reasonable legal or factual basis; and
- (iii) for which such dismissal was finally determined.
- The term means a contract with the Department of Defense entered into with the incumbent contractor for the acquisition of goods or services by the Department during the disgorgement period that are the same or substantially similar to goods or services to be acquired by the Department under the contract previously awarded to the incumbent contractor.
covered contract - The term means the period of performance under a contract that was awarded or extended because the Department of Defense received notice of a protest by the incumbent contractor and was prohibited from awarding a new contract during the pendency of such bid protest under section 3553(c) of title 31, United States Code.
disgorgement period - The term , with respect to the dismissal of a bid protest, means dismissal—
finally determined- (i) was not appealed and is no longer appealable because the time for taking an appeal has expired; or
- (ii) was appealed and the appeals process for which is completed.
- The term means a contractor under a contract with the Department of Defense for the acquisition of goods or services by the Department that are the same or substantially similar to goods or services to be acquired by the Department under a new or follow-on contract that is the subject of a covered bid protest.
incumbent contractor
- The term means a bid protest—
- In this subsection:
- (1) In general
- (b) Continued performance to facilitate national defense
- Section 3553 of title 31, United States Code, is amended—
- For the purposes of the written finding under paragraph (2)(A) with respect to a contract for a procurement by a component of the Department of Defense, the head of the procuring activity may make the finding under such paragraph for such contract if such head of the procuring activity determines that the performance of such contract would facilitate the national defense.
- by amending subsection (c)(3) to read as follows:
- For the purposes of the determination under paragraph (2)(B) with respect to a contract for a procurement by a component of the Department of Defense, a contracting officer may not determine that immediate performance of such contract is not in the best interests of the United States if the contracting officer determines that performance of the contract would facilitate the national defense.
- in subsection (d)(3), by adding at the end the following new subparagraph:
- Section 3553 of title 31, United States Code, is amended—
Sec. 819. Report on the use of other transaction authority.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use of follow-on production contracts or transactions under section 4022 of title 10, United States Code, during the period beginning on October 1, 2020, and ending on October 1, 2025. Such report shall include—
- the number of transactions for a prototype project awarded under the authority provided by such section 4022 during the period covered by the report;
- the number of transactions for a prototype project for which an option for a follow-on production contract or transaction was awarded during such period;
- for each follow-on production contract or transaction described in paragraph (2), a summary of current status of such contract or transaction, including overall performance of the contractor in execution of such contract or transaction and the total value of the award;
- an assessment of any trends or lessons learned that may be limit or prevent the use of follow-on production contracts or transactions under such section 4022; and
- any recommendations the Secretary may have to improve the use of follow-on production contracts or transactions under such section 4022 and to increase the number of prototype projects that successfully transition to production through such use.
Sec. 820. Application of certain documentation and oversight requirements to certain projects performed through other transaction authority.
With respect to each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of title 10, United States Code, that meets the definition of a major defense acquisition program (as defined in section 4201 of such title 10), the requirements of section 4204(e) of such title 10 shall apply to such project.
Subtitle C—Provisions Relating to Workforce Development
Sec. 831. Improvements to public-private talent exchange.
Section 1599g(f) of title 10, United States Code, is amended—
- by redesignating subparagraphs (A) through (F) of paragraph (2) as clauses (i) through (vi), respectively;
- by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;
- by inserting before ;
- in subparagraph (B)(ii), as so redesignated, by striking ;
- in subparagraph (D), as so redesignated, by inserting after ; and
- An employee described under paragraph (1) that is directed to perform work that is considered inherently governmental in nature under subparagraph (D) of such paragraph shall be deemed to be an employee of the Department of Defense for purposes of section 207 of title 18, United States Code.
- by adding at the end the following new paragraph:
Sec. 832. Modification to assignment period for critical acquisition positions.
Section 1734 of title 10, United States Code, is amended—
- in subsection (a)—
- in the subsection heading, by striking ;
- in paragraph (1)—
- (i) by striking
paragraph (3)and insertingparagraph (4); and - (ii) by inserting after ;
- (i) by striking
- in paragraph (2), by striking inserting
Except as provided in paragraph (3), a person; - by redesignating paragraph (3) as paragraph (4); and
- An individual may not be assigned as a program executive officer (as described in section 1732 of this title) unless the individual executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for a period of at least six years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b).
- by inserting after paragraph (2) the following new paragraph:
- in subsection (b), by adding at the end the following new paragraph:
- The Secretary of Defense shall require that—
- a program executive officer be assigned in that position for a period of at least six years; and
- the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment jointly ensure that the requirement in subparagraph (A) does not negatively affect the consideration of an individual for promotion or otherwise impede the advancement of an individual to a position of higher responsibility.
- The Secretary of Defense shall require that—
- in subsection (d), by striking
subsection (a)(2) or (b)(2)and insertingin subsection (a)(2), (b)(2), or (b)(3); and - in subsection (e), by inserting after .
Sec. 833. Development of the advanced manufacturing workforce.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 of this Act a working group to identify opportunities to address workforce shortages in advanced manufacturing career fields in the defense industrial base.
- (b) Membership
- The working group shall consist of members of the Defense Industrial Resilience Consortium with an interest in addressing workforce shortages in advanced manufacturing career fields in the defense industrial base.
- (c) Responsibilities
- The working group shall—
- identify estimated workforce shortages in advanced manufacturing career fields in the defense industrial base, including such workforce shortages in the Department of Defense organic industrial base;
- identify career fields in advanced manufacturing and the associated skills and abilities that are required for such fields; and
- develop recommendations for—
- training, education, and career development programs, including mid-career programs, apprenticeships, internships, and summer camps, to prepare individuals for careers in advanced manufacturing;
- the establishment of public-private partnerships to provide workforce development activities, including identifying incentives for such partnerships for success in recruiting, training, and retaining individuals in careers in advanced manufacturing; and
- any policy changes needed to further the participation of individuals in the advanced manufacturing workforce of the defense industrial base.
- The working group shall—
- (d) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing—
- any recommendations developed by the working group under subsection (c)(3); and
- a recommendation whether to continue or terminate the working group.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing—
- (e) Advanced manufacturing defined
- In this section, the term means the manufacturing of products or the application and use of advanced technologies (including artificial intelligence, robotics, automation, 3D printing, and cyber-physical systems).
advanced manufacturing
- In this section, the term means the manufacturing of products or the application and use of advanced technologies (including artificial intelligence, robotics, automation, 3D printing, and cyber-physical systems).
Sec. 834. Competitive acquisition leadership appointments.
- (a) In general
- The Secretary of Defense shall ensure that the eligibility for an acquisition leadership position associated with a joint research and development activity or a joint acquisition program is not limited by—
- the affiliation of an individual with a specific Armed Force; or
- whether an individual is a civilian employee of the Department of Defense or a member of the military.
- The Secretary of Defense shall ensure that the eligibility for an acquisition leadership position associated with a joint research and development activity or a joint acquisition program is not limited by—
- (b) Rule of construction
- Nothing in this section shall be construed as impairing or otherwise affecting the authority of any component, element, or activity of the Department of Defense from considering the level of representation of an Armed Force, Federal agency, or organization of the Department in an acquisition program when determining whom to appoint to an acquisition leadership position under such acquisition program.
- (c) Acquisition leadership position defined
- In this section, the term means an acquisition position within the Department of Defense, as designated pursuant to section 1721(a) of title 10, United States Code, that is under an acquisition program of the Department and classified at or above grade O-5 (or equivalent).
acquisition leadership position
- In this section, the term means an acquisition position within the Department of Defense, as designated pursuant to section 1721(a) of title 10, United States Code, that is under an acquisition program of the Department and classified at or above grade O-5 (or equivalent).
Sec. 835. Development and employment of members of the Defense Civilian Training Corps.
- (a) Review required
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the Secretaries of the military departments, shall identify career and developmental programs of the Department of Defense, including programs in which the Department participates, that—
- serve as recruitment and placement tools used to attract highly qualified individuals to and retain such individuals in careers as Federal employees in the civil service; and
- develop individuals into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department.
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the Secretaries of the military departments, shall identify career and developmental programs of the Department of Defense, including programs in which the Department participates, that—
- (b) Member placement
- (1) Existing programs
- (A) In general
- The Under Secretary may, to the extent practicable, appoint members and Corps graduates to acquisition positions in the Department of Defense under the programs identified under subsection (a) to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code.
- (B) Appointments
- The Under Secretary shall make appointments under subparagraph (A) using the authorities of and in accordance with the requirements of the program under which the Under Secretary is making such appointment.
- (A) In general
- (2) New program
- (A) In general
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall establish a new program under which the Under Secretary may appoint Corps graduates to acquisition positions in the Department of Defense to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code, to the extent that the Under Secretary determines that the authority to make appointments under paragraph (1) is insufficient to make the appointments necessary to carry out such purposes.
- (B) Appointment term
- An appointment under subparagraph (A) shall be a one-year appointment to a position in the civil service in a component of the Department of Defense participating in the program established under such subparagraph, which may be renewed for one year not more than once.
- (C) Noncompetitive appointments
- (i) The Under Secretary may make appointments under the program established under subparagraph (A) to positions in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States.
- (ii) An individual appointed to a position under the program established under subparagraph (A) may be appointed to another position in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States, if—
- such individual has completed the term of the appointment of such individual under such program;
- such individual has not been involuntarily separated from service in the Federal Government for cause on charges of misconduct or delinquency;
- such individual has not been appointed to a position in the Federal Government after completing the term of the appointment of such individual under such program; and
- the date on which such individual completed the term of the appointment of such individual under such program is not more than one year prior to the date of the appointment under this clause.
- (A) In general
- (3) Salary
- (A) In general
- The Under Secretary shall pay the basic pay of individuals appointed to positions under paragraph (1) or under the program established under paragraph (2)(A) from the Defense Acquisition Workforce Development Account (section 1705 of title 10, United States Code) during the period described in subparagraph (B).
- (B) Payment period
- The period described in this subparagraph is—
- (i) with respect to an individual appointed to a position under paragraph (1), the period beginning on the date such appointment starts and ending on the earlier of the date that is one year after the date on which such appointment started or the date on which such individual ceases to hold such position pursuant to such appointment; and
- (ii) with respect to an individual appointed to a position under the program established under paragraph (2)(A), the period beginning on the date such appointment starts and ending on the earlier of the date on which such appointment ends or the date on which such individual ceases to hold such position pursuant to such appointment.
- The period described in this subparagraph is—
- (A) In general
- (1) Existing programs
- (c) Report
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report—
- describing the programs identified under subsection (a);
- describing the program established under subsection (b)(2)(A);
- with an estimate of the funding necessary to fulfill the requirements of this section, for each fiscal year through fiscal year 2030;
- providing recommendations for any changes in policy or regulation necessary to enable the programs identified under subsection (a) and the program that may be established under subsection (b)(2)(A) to develop members and Corps graduates into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department; and
- any other recommendations of the Secretary for strengthening or improving the program established under subsection (b)(2)(A).
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report—
- (d) Definitions
- In this section:
- The term
acquisition positionmeans a position designated as an acquisition positions by the Secretary of Defense pursuant to section 1721(a) of title 10, United States Code. - The terms and have the meanings given such terms, respectively, in section 101(a) of title 10, United States Code.
acquisition workforce,military departments - The term
Corps graduatemeans an individual who successfully graduated from the Defense Civilian Training Corps. - The term
Defense Civilian Training Corpsmeans the Defense Civilian Training Corps program established under section 2200g of title 10, United States Code. - The term
membermeans a student at an accredited civilian educational institution who is enrolled in the Defense Civilian Training Corps. - The term
Under Secretarymeans the Under Secretary of Defense for Acquisition and Sustainment.
- The term
- In this section:
Sec. 836. Reform of contractor performance information requirements.
- (a) Revision to DFARS
- The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation to establish an objective, fact-based, and simplified system for reporting contractor performance. The revised system shall—
- focus exclusively on negative performance events that are measurable to reduce subjectivity and inconsistency in evaluations;
- create a level playing field for commercial entities, subcontractors, and new entrants that do not have extensive past performance records to compete for Department of Defense contracts;
- reduce the administrative burden on contracting officers by limiting reporting to significant failures or poor performance;
- establish standardized templates for reporting negative performance events and calculating composite scores; and
- ensure the Government can identify and avoid contractors with a history of poor performance or bad actions.
- The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation to establish an objective, fact-based, and simplified system for reporting contractor performance. The revised system shall—
- (b) Revision of contractor performance information requirements
- (1) Elimination of subjective performance ratings
- The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation and related guidance, including the Contractor Performance Assessment Reporting System (or a successor system) (in this section referred to as ), to eliminate subjective performance ratings for contracts subject to such part.
CPARS
- The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation and related guidance, including the Contractor Performance Assessment Reporting System (or a successor system) (in this section referred to as ), to eliminate subjective performance ratings for contracts subject to such part.
- (2) Scope of reporting
- A contracting officer shall only include negative performance events that have a material impact on contract performance or Government interests in CPARS and shall exclude positive or neutral performance assessments, except as necessary to provide context for an included negative performance event. A contracting officer shall report in CPARS negative performance events within 30 days after verifying the event.
- (3) Categorization of negative performance events
- A contracting officer shall categorize negative performance events reported under paragraph (2) in one of the following areas:
- Failures related to innovation, technical development, or prototype delivery.
- Failures related to manufacturing, quality control, or delivery of products.
- Failures related to maintenance, logistics, or support services.
- Failures related to professional, administrative, or operational services.
- Failures related to software, hardware, cybersecurity, or information technology systems.
- A contracting officer shall categorize negative performance events reported under paragraph (2) in one of the following areas:
- (4) Performance evaluations
- A contracting officer is not required to conduct an annual or periodic performance evaluation of a contractor unless the contracting officer has verified a negative performance event of such contractor.
- (5) Use in source selection
- The Secretary of Defense shall consider a negative performance event and the score associated with such event (as calculated under subsection (f)) in source selection evaluations to assess contractor risk and responsibility.The absence of negative performance events for an offeror, including an offer that is a nontraditional defense contractor or a new entrant, shall not be considered a deficiency in past performance evaluations. Such offerors shall be evaluated based on technical capability, price, and other relevant factors.
- (1) Elimination of subjective performance ratings
- (c) Scoring mechanism for negative performance events
- (1) Calculation
- The Secretary of Defense shall establish a standardized scoring mechanism to normalize negative performance events of a contractor based on the number of transactions and the dollar value of contracts performed by the contractor.
- (2) Application of scores
- The Secretary shall ensure that—
- a composite score for each contractor is included in CPARS, along with any negative performance events used in source selection to assess past performance risk; and
- CPARS is programmed to automatically calculate scores based on data entered by contracting officers, including the number of transactions and the dollar value of contracts performed by the contractor.
- The Secretary shall ensure that—
- (4) Transparency
- The Secretary shall ensure that contractors—
- have access to composite scores and the underlying data through CPARS; and
- may submit comments or rebuttals to reported negative performance events or scores, which shall be maintained in CPARS for consideration in source selection.
- The Secretary shall ensure that contractors—
- (1) Calculation
- (d) Mandatory reporting
- A contracting officer shall report the following negative performance events:
- Delivery of products failing to meet contract requirements, as verified by Government inspection reports, quality assurance records, or testing results.
- Failure to meet contract delivery schedules, as documented in contract milestones, delivery orders, or Government records.
- Incorrect or unauthorized markings on technical data or software, or improper assertions of restrictive rights, as verified by Government review or legal findings.
- Submission of inaccurate, incomplete, or misleading cost or pricing data, as identified through audits by the Defense Contract Audit Agency or other Government authorities.
- Failure to include mandatory contract clauses in subcontracts, as verified by contract reviews or audits.
- Submission of false claims, fraudulent invoices, or misrepresentations, as substantiated by investigations, legal findings, or Government records.
- Failure to comply with safety, environmental, or other regulatory requirements, as documented by Government inspections or citations.
- Failure to meet cybersecurity requirements or significant breaches caused by contractor negligence, as verified by Government records.
- Any other negative performance event, as determined by the Secretary of Defense, that is based on verifiable data or objective evaluations and for which the Secretary publishes criteria in the Department of Defense Supplement to the Federal Acquisition Regulation.
- A contracting officer shall report the following negative performance events:
- (e) Implementation
- (1) Training and guidance
- The Secretary of Defense shall develop and provide training for contracting officers on the following:
- Identifying, verifying, and reporting negative performance events.
- The use of objective evidence and the exclusion of subjective judgments in reporting negative performance events.
- Entering data for creating a score in CPARS.
- The Secretary of Defense shall develop and provide training for contracting officers on the following:
- (2) System modifications
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify CPARS to include the following functions:
- The categorization of negative performance events.
- Elimination of fields for subjective ratings.
- Automatically calculate composite scores based on reported data.
- A mechanism for contractors to review and respond to reported events and scores.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify CPARS to include the following functions:
- (3) Transition period
- With respect to a contract awarded before the effective date of the revision to the Department of Defense Supplement to the Federal Acquisition Regulation required by subsection (a), a contracting officer for such contract may complete CPARS evaluations under the prior system until the contract is closed or terminated.
- (1) Training and guidance
- (f) Report and oversight
- (1) Report
- Not later than January 15, 2026, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and House of Representatives a report on the implementation of this section.
- (2) GAO review
- Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the revised CPARS that includes the following:
- The effectiveness of CPARS to carry out the requirements of this section.
- The accuracy and fairness of the scoring mechanism developed under subsection (d).
- The effect of the modifictions made by this section on competition and participation of nontraditional defense contractors in contracts of the Department of Defense.
- Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the revised CPARS that includes the following:
- (1) Report
- (g) Effective date
- This section and the requirements of this section shall take effect 180 days after the date of the enactment of this Act.
- (h) Definitions
- In this section:
- The term means a verifiable instance of contractor failure or poor performance as described in subsection (e).
negative performance event - The term has the meaning given in section 3014 of title 10, United States Code.
nontraditional defense contractor - The term means objective evidence documented in contract records, inspection reports, audits, correspondence, or other Government records that substantiate a negative performance event.
verifiable data
- The term means a verifiable instance of contractor failure or poor performance as described in subsection (e).
- In this section:
Sec. 837. Restructuring of performance evaluation metrics for the acquisition workforce.
- (a) Establishment of acquisition workforce key performance indicators
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement mandatory key performance indicators (in this section referred to as ) for evaluating members of the acquisition workforce (as defined in 10 USC 101). Such
KPIsshall be used to assess the degree of alignment between activities of such members and strategic priorities of the Department of Defense, including—- use of commercial acquisition methods, including the use of fixed-price contracts under terms and conditions similar to those used for commercial contracts;
- use of innovative acquisition authorities;
- demonstrated preference for commercial solutions;
- integration of small business concerns (as defined under section 3 of the Small Business Act ()) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) into the defense industrial base; 15 U.S.C. 632
- demonstrated cost and schedule efficiencies;
- use of milestone-based, modular open system approaches (as defined in section 4401 of title 10, United States Code, as amended by section 1833 of this Act) and capabilities-based pricing; and
- use of the authorities under of title 10, United States Code, and similar tools aimed at streamlining and improving the acquisition process for the Department of Defense. chapter 253
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement mandatory key performance indicators (in this section referred to as ) for evaluating members of the acquisition workforce (as defined in 10 USC 101). Such
- (b) Integration with personnel systems and promotion boards
- The KPIs described in subsection (a) shall be integrated into—
- annual performance appraisals for members of the acquisition workforce;
- promotion, bonus, and assignment consideration for acquisition positions; and
- requirements for certification, training, and continuing education under of title 10, United States Code. chapter 87
- The KPIs described in subsection (a) shall be integrated into—
- (c) Public reporting and oversight
- Beginning not later than 365 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a semiannual report on—
- progress in implementing KPIs required by this section;
- compliance rates by each element of the Department of Defense;
- any barriers to implementation; and
- recommendations for additional legislative authorities to carry out the requirements of this section.
- Beginning not later than 365 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a semiannual report on—
- (d) Definitions
- For purposes of this section:
- The term means any method for procurement of a commercial product or commercial service as described in part 12 of the Federal Acquisition Regulation, subparts 212.2 and 212.70 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any product, service, or other solution developed by a private entity and funded by private investment that meets the needs of the Department of Defense.
commercial solutions - The term means—
innovative acquisition authorities
- The term means any method for procurement of a commercial product or commercial service as described in part 12 of the Federal Acquisition Regulation, subparts 212.2 and 212.70 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any product, service, or other solution developed by a private entity and funded by private investment that meets the needs of the Department of Defense.
- For purposes of this section:
- (e) Sense of congress
- It is the sense of Congress that fostering a risk-tolerant, innovation-forward culture in the defense acquisition workforce is essential to maintaining the United States technological and military advantage. Accordingly, the Department of Defense shall prioritize the cultivation of acquisition professionals who can effectively leverage commercial technology, deliver digital capabilities at speed, and expand the industrial base beyond traditional vendors.
Sec. 838. Ensuring Department of Defense contractor compliance with disability hiring goals.
- (a) In general
- For each of fiscal years 2026 through 2029, the Secretary of Defense shall conduct an audit of the compliance of the contractors of the Department of Defense with the 7-percent utilization goal for employment of qualified individuals with disabilities by contractors established by the Office of Federal Contract Compliance Programs of the Department of Labor under section 503 of the Rehabilitation Act of 1973 (). 29 U.S.C. 793
- (b) Reports
- Not later than 5 months after the end of a fiscal year for which the Secretary of Defense was required to conduct an audit under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of such audit.
Sec. 839. Comptroller General review of matters relating to individuals assigned to a critical acquisition position.
- (a) Review required
- The Comptroller General of the United States shall—
- conduct a review of the education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
- conduct an assessment of the efficacy of the career development policies established by section 1734 of title 10, United States Code.
- The Comptroller General of the United States shall—
- (b) Matters for review
- In conducting the review required by this section, the Comptroller General shall—
- review the compliance of the Secretary with the requirements of section 1734 of title 10, United States Code; and
- conduct an assessment of the efficacy of the career development policies and minimum periods of assignment established by such section 1734 in—
- improving the ability of the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable;
- enhancing the knowledge and experience of the acquisition workforce;
- enabling competitive career progression of members of the acquisition workforce compared to other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
- the retention rates of members of the acquisition workforce assigned to a critical acquisition position, particularly key leadership positions (as defined by the Under Secretary of Defense for Acquisition and Sustainment), compared with the retention rates for other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
- conduct an assessment of any benefits, including enhanced accountability in leadership and decisionmaking by individuals in key leadership positions, of a minimum period of assignment of at least four years to a critical acquisition position.
- In conducting the review required by this section, the Comptroller General shall—
- (c) Report required
- Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees recommendations on—
- improvements to education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
- minimum periods of assignment for an individual assigned as a program executive officer.
- Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees recommendations on—
Sec. 840. Comptroller General review of the management, training, and development of the acquisition workforce.
- (a) In general
- The Comptroller General of the United States shall conduct a review of the management, training, and development of the acquisition workforce to enable the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
- (b) Review contents
- In conducting the review required by subsection (a), the Comptroller General shall evaluate the following:
- The current organization and staffing of the acquisition workforce, including the total number of positions in the acquisition workforce, a list of such positions disaggregated by the skills and experience required, and the number of such positions that are vacant or are filled by an individual whose skills and experience do not meet the required skills and experience for such position.
- The sufficiency of the processes and authorities of the Department of Defense for recruiting and retaining the acquisition workforce, and the use of such authorities to maintain an acquisition workforce that is optimized to meet mission requirements.
- Trends in acquisition workforce hiring and retention over the preceding five years.
- The impediments to members of the acquisition workforce receiving training and education, including any lack of funding, unavailability of required or desired training, and excessive workload demands that preclude such members from being able to attend such training.
- In conducting the review required by subsection (a), the Comptroller General shall evaluate the following:
- (c) Report
- Not later than April 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the review required by subsection (a), including any recommendations to improve the management, training, and development of the acquisition workforce.
- (d) Acquisition workforce defined
- In this section, the term
acquisition workforcehas the meaning given such term in section 101(a) of title 10, United States Code.
- In this section, the term
Sec. 841. Report on strengthening the Defense Acquisition University.
- (a) Assessment required
- The Secretary of Defense, acting through the Director of the Acquisition Innovation Research Center, shall conduct a comprehensive assessment of the Defense Acquisition University (in this section referred to as ) to strengthen the ability of the
DAUto train and develop members of the acquisition workforce to meet future needs of the Department of Defense. The assessment shall include the following:- An evaluation of the mission of the DAU and the alignment of such mission with the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by this Act).
- An evaluation of the effectiveness of training and development provided by DAU to members of the acquisition workforce to enable such members to effectively implement the objectives of the defense acquisition system.
- The Secretary of Defense, acting through the Director of the Acquisition Innovation Research Center, shall conduct a comprehensive assessment of the Defense Acquisition University (in this section referred to as ) to strengthen the ability of the
- (b) Elements
- The assessment in paragraph (1) shall evaluate the following:
- The organization and structure of DAU.
- The curriculum and educational offerings of DAU.
- The composition of the staff and faculty of DAU, including an assessment of the diversity of skills, abilities, and professional backgrounds of such staff and faculty.
- The sufficiency of resource and funding mechanisms supporting DAU operations.
- The extent to which DAU uses external experts and academic institutions to inform and enhance its programs.
- The assessment in paragraph (1) shall evaluate the following:
- (c) Recommendations
- The Director of the Acquisition Innovation Research Center shall use the assessment required under this section and the objectives of the defense acquisition system to provide to the Secretary of Defense recommendations to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department of Defense.
- (d) Report to congress
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
- the findings of the assessment conducted under subsection (a) and the recommendations provided under subsection (c);
- any actions necessary to ensure that DAU fulfills its mission and provides training and development to members of the acquisition workforce that aligns with the objectives of the defense acquisition system.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
- (e) Definitions
- In this section:
- The term
Acquisition Innovation Research Centermeans the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code. - The term
acquisition workforcehas the meaning given in section 101 of title 10, United States Code.
- The term
- In this section:
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 851. Repeal of exception for small purchases under the Berry Amendment.
Section 4862 of title 10, United States Code, is amended—
- in subsection (a), by striking
subsections (c) through (h)and insertingsubsections (c) through (g); and- (h) Oversight committee
- The Secretary of Defense shall establish a committee to—
- provide oversight of the implementation of the requirements of this section; and
- ensure compliance with the requirements of this section.
- The Secretary of Defense shall establish a committee to—
- (h) Oversight committee
- by amending subsection (h) to read as follows:
Sec. 852. Supply chain illumination incentives.
- (a) In general
- Section 849 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; note prec.) is amended— Public Law 118–159; 10 U.S.C. 3241
- in subsection (a), by striking
to assess and monitorand all that follows and inserting the following: ; and- (c) Supply chain illumination minimum qualifying criteria
- (1) In general
- The Secretary of Defense shall establish minimum qualifying criteria for supply chain illumination for contractors of the Department of Defense.
- (2) Public notice
- Not later than April 1, 2026, the Secretary of Defense shall publish in the Federal Register a notice of the minimum qualifying criteria established under paragraph (1).
- (1) In general
- (d) Expedited acceptance procedures
- If a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if—
- such contractor has supply chain illumination that meets the minimum qualifying criteria established by the Secretary of Defense under subsection (c); and
- such contracting officer determines that such covered end item—
- other than a prohibition on acquisition under a covered statute applying to such covered end item, satisfies the requirements of the contract or other agreement; and
- does not pose a risk to security or safety.
- If a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if—
- (e) Contractor responsibility
- (1) Immediate corrective action
- A contractor of the Department of Defense shall, upon identifying a nonconforming item in a covered end item that was or will be provided by such contractor to the Department under a contract or other agreement, immediately begin taking corrective action with respect to the inclusion of such nonconforming item in such covered end item in accordance with such contract or other agreement and the relevant procedures of the Department.
- (2) Alternative suppliers
- The corrective action described in paragraph (1) with respect to a nonconforming item in a covered end item shall include the contractor using reasonably expedient means to identify, and if necessary, qualify an alternative supplier to provide materials or goods to use in place of such non-conforming item in such end item.
- (1) Immediate corrective action
- (f) Definitions
- In this section:
- The term
covered statutemeans— - The term
covered end itemmeans an end item the acquisition of which is prohibited under a covered statute based on a nonconforming item that is contained in or a component of such end item, except that such term does not include an end item that is a non-conforming item. - The term
end itemhas the meaning given such term in section 4863(m) of this title. - The term
nonconforming itemmeans a material or good the inclusion of which in an end item causes the acquisition of such end item to be prohibited under a covered statute. - The term
supply chain illuminationmeans policies, procedures, and tools, including analytical tools that leverage large data and machine learning, enabling such contractor to assess and monitor the entire supply chain of such contractor to identify potential vulnerabilities and security and noncompliance risks with respect to goods and services provided to the Department of Defense.
- The term
- In this section:
- (c) Supply chain illumination minimum qualifying criteria
- by adding at the end the following new subsections:
- in subsection (a), by striking
- Section 849 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; note prec.) is amended— Public Law 118–159; 10 U.S.C. 3241
- (b) Reporting
- Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing each use of the authority under section 849(d) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; note prec.), as added by subsection (a). Public Law 118–159; 10 U.S.C. 3241
Sec. 853. Modification to enhanced domestic content requirement for major defense acquisition programs.
Section 835(c) of the National Defense Authorization Act for Fiscal Year 2024 () is amended to read as follows: Public Law 118–31
- (c) Major defense acquisition program
- In this section, the term has the meaning given in section 4201 of title 10, United States Code, except that such term includes any program that meets the meaning given in such section as in effect on January 1, 2025.
major defense acquisition program
- In this section, the term has the meaning given in section 4201 of title 10, United States Code, except that such term includes any program that meets the meaning given in such section as in effect on January 1, 2025.
Sec. 854. Strategy to eliminate sourcing of optical glass from certain nations.
- (a) In general
- The Secretary of Defense shall develop and implement a strategy to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030.
- (b) Strategy requirements
- The strategy required by subsection (a) shall—
- identify the current requirements of the Department of Defense for optical glass and optical systems and estimate the projected requirements of the Department for optical glass and optical systems through the year 2040;
- identify the sources of optical glass or optical systems used to meet the current requirements of the Department described in paragraph (1), including any sources of optical glass or optical glass systems produced in a covered nation; and
- identify actions to be taken by the Secretary of Defense to ensure the defense industrial base is able to meet the needs of the Department for optical glass and optical systems without any reliance on a covered nation not later January 1, 2030.
- The strategy required by subsection (a) shall—
- (c) Implementation
- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall begin implementing the strategy required by subsection (a).
- (d) Briefing and Report
- (1) Briefing
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a briefing on the strategy required by subsection (a), including an identification of any changes to funding or policy required to eliminate the reliance of the Department of Defense on any covered to acquire optical glass or optical systems by January 1, 2030.
- (2) Interim report on implementation
- Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including an identification of any risk to the ability of the Secretary to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030.
- (1) Briefing
- (e) Definitions
- In this section:
- The term
covered nationmeans— - The term
optical glassmeans glass used in optical lenses, prisms, or mirrors. - The term
optical systemmeans an arrangement of optical components, including optical glass, that manipulates light to produce a specific outcome.
- The term
- In this section:
Sec. 855. Voluntary registration of compliance with covered sourcing requirements for covered products.
- (a) In general
- The Secretary of Defense shall establish and maintain a publicly available online repository of information provided by an offeror related to the conformance of a covered product with covered sourcing requirements.
- (b) Registration and attestation process
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such process shall—
- be accessible online;
- require an offeror to acknowledge liability for making a false attestation in accordance with section 3729 of title 31, United States Code; and
- enable an offeror to register a covered product with the Secretary of Defense by providing—
- a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product;
- a national stock number (if available), a description of the covered product, or other information related to the form, fit, or function of the covered product; and
- an attestation, including relevant documentation, of the compliance of a covered product with one or more covered sourcing requirements.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such process shall—
- (c) Proof of registration
- The Secretary shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b)(3) a proof of registration associated with a the unique product identifier of the covered product. The proof of registration may be used—
- by the offeror in sales and marketing materials associated with the registered covered product; or
- by a prime contractor that uses such registered covered product as a part or component of an end item.
- The Secretary shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b)(3) a proof of registration associated with a the unique product identifier of the covered product. The proof of registration may be used—
- (d) Availability of Information
- (1) Compliance information
- The Secretary shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement.
- (2) Resources
- The Secretary shall ensure that an eligible entity has adequate resources to train offerors about the requirements of this section and to assist an offeror with the registration and attestation process established under subsection (b).
- (1) Compliance information
- (e) Encouraging Registration of Products
- The Secretary shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that—
- offerors are incentivized to disclose any noncompliance with the requirements of this section;
- with respect to any disclosure made under paragraph (1), that such offeror is provided with information and assistance to determine the actions required to remedy such noncompliance in order to meet the criteria to register the product concerned; and
- an offeror making such a disclosure will receive a referral to the appropriate programs or offices of the Department of Defense that are responsible for strengthening the defense industrial base, promoting domestic industry, and accelerating private investment in supply chain technologies that are critical for national security.
- The Secretary shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that—
- (f) Use of supply chain illumination
- The Secretary shall encourage an offeror to implement and use supply chain illumination (as defined in section 849 of the National Defense Authorization Act for Fiscal Year 2025, as amended by section 852 of this Act) to assist in meeting the registration and attestation requirements established under subsection (b).
- (g) Definitions
- In this section:
- The term
covered productmeans— - The term
covered sourcing requirementmeans a requirement under any of the following: - The term
eligible entitymeans an eligible entity carrying out activities pursuant to a procurement technical assistance program funded under of title 10, United States Code. chapter 388
- The term
- In this section:
Sec. 856. Acceleration of qualification of compliant sources.
- (a) Establishment
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group for the exchange of information about compliant materials and to accelerate the qualification of such materials for use by the Department of Defense and the integration of such materials into the supply chains of contractors of the Department of Defense.
- (2) Membership
- (A) In general
- Except as provided in subparagraph (B), the working group shall consist of members of the Defense Industrial Resilience Consortium with expertise or interest in—
- (i) the qualification and acceptance of materials, parts, components and end items by the Department of Defense;
- (ii) supply chain management; or
- (iii) supply chain illumination.
- Except as provided in subparagraph (B), the working group shall consist of members of the Defense Industrial Resilience Consortium with expertise or interest in—
- (B) Exclusion
- The Secretary may exclude from participation in such working group any individual or entity that—
- (i) is headquartered within, owned or controlled by, or subject to the influence of a covered nation;
- (ii) is functioning as the agent of any foreign State; or
- (iii) is otherwise determined by the Secretary to be a significant threat to the national security interests of the United States.
- The Secretary may exclude from participation in such working group any individual or entity that—
- (A) In general
- (3) Responsibilities
- The working group shall—
- establish processes for exchange of information about compliant materials among consortium members, procurement agents of the Department of Defense, and contractors of the defense industrial base, while maintaining appropriate safeguards of commercially proprietary information;
- develop processes and procedures to streamline identification, testing, and qualification of compliant sources and compliant materials;
- seek to reduce the unnecessary application of requirements that specific to a single Armed Force for identification, testing, and qualification of compliant sources and compliant material;
- provide a forum for the Army, Navy, Air Force, Marine Corps, and Space Force and other elements of the Department of Defense to share technical and supply chain data related to requirements for covered materials;
- identify compliant sources at each step of the supply chain, to the extent that such supply chains are subject to subchapter III of of title 10, United States Code; chapter 385
- at least once a quarter, publish for the members of the consortium and for the Under Secretary of Defense for Acquisition and Sustainment, a list of compliant sources for each critical material, including a general description of what step of the supply chain in which each compliant source is participating, if any;
- develop and recommend processes to enable the Department of Defense to rapidly identify, qualify, and integrate compliant materials into programs of the Department at scale;
- seek to reduce future requirements for critical materials in defense systems by encouraging contractors of the Department of Defense to design and develop systems that use commercially available critical materials, when such materials are capable of meeting mission needs;
- seek input from small and nontraditional contractors and ensure the working group considers the unique attributes of such businesses in carrying out the responsibilities of this subsection;
- develop and provide recommendations to reduce impediments or disincentives for a supplier of an end item to the Department of Defense to revise a supply chain agreement or other arrangement, to eliminate the reliance of the supplier on noncompliant sources;
- any other matters assigned to the working group by the Secretary; and
- provide the Secretary with timely recommendations developed pursuant to this section.
- The working group shall—
- (1) In general
- (b) Replacement of existing noncompliant parts
- (1) In general
- Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and implement guidance to ensure that critical materials from noncompliant sources that are present in covered systems of the Department of Defense are identified and replaced as rapidly as practicable with compliant materials.
- (2) Requirements
- The guidance required by (1) shall—
- ensure that a supplier of an end item is actively managing the supply chain, and shall address impediments or disincentives for the supplier to revise a supply chain agreement or other arrangement to eliminate the supplier’s reliance on noncompliant sources;
- require the use of compliant sources included on the list required by paragraph (a)(3)(F), where appropriate;
- require use of commercial qualification processes to the maximum extent practicable in determining whether a new supplier is capable of meeting defense requirements;
- minimize the number of qualification events required, including minimizing the use of real-world testing, when replacing components or raw materials with functionally identical commercial offerings;
- provide for waiver of defense-unique qualification requirements, including operational test and evaluation processes, unless compliance with such requirements is determined to be essential by the head of the contracting activity: and
- prohibit additional testing of the end item if a component or subcomponent has shown to have substantially similar or identical performance after replacement of a noncompliant critical material with a compliant critical material, except where the service acquisition executive determines otherwise.
- The guidance required by (1) shall—
- (3) Safe harbor
- The Secretary of Defense shall deem that any acquisition of a critical material, by the Department, a contractor to the Department, or a subcontractor at any tier, from a supplier of critical materials that is included on the list required by paragraph (a)(3)(F), is in compliance with the requirements of subchapter III of chapter 385 of this title, if—
- the supplier of a critical material was on the most recent such list of compliant sources for such critical material at the time the acquisition contract or other agreement was entered into;
- the supplier is included on such a list not less frequently than once every two years during the period beginning on the date on which such contract or other agreement is entered into and ending on the date on which such contract or other agreement expires or terminates; and
- it would have created an unreasonable hardship, including an interruption of needed supplies or significantly different cost, for the acquiring entity to switch suppliers to a compliant source during the time between the signing of the contract or other agreement and the time of delivery under such contract or other agreement.
- The Secretary of Defense shall deem that any acquisition of a critical material, by the Department, a contractor to the Department, or a subcontractor at any tier, from a supplier of critical materials that is included on the list required by paragraph (a)(3)(F), is in compliance with the requirements of subchapter III of chapter 385 of this title, if—
- (4) Responsible individual
- The service acquisition executive for each service or agency shall, for each program under supervision of such service acquisition executive, identify the individual responsible for establishing the statement of work and qualification requirements associated with the replacement of components or raw materials critical materials from noncompliant sources in covered systems as required by this section.
- (5) Commercial items
- The Secretary shall ensure that the guidance required by this subsection applies to commercial products and commercial off-the-shelf items to the extent that the requirements of of title 10, United States Code, apply to commercial products and commercial off-the-shelf items. chapter 385
- (1) In general
- (c) Access to materials
- Notwithstanding section 4872(a) of title 10, United States Code, the Department of Defense is authorized to procure a covered material stockpiled in an allied or partner nation if such covered material has been under uninterrupted control by an entity in such allied or partner nation since 2000.
- (d) Funding estimates
- Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget submitted by the President to Congress under section 1105 of title 31, United States Code, for a fiscal year, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the service acquisition executives of the military departments, shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to provide for the qualification and integration of compliant sources into the covered systems of each military department.
- (e) Definitions
- In this section:
- The term means a country that is not a covered nation.
compliant country - The term means an entity engaged in the production, manufacture, or distribution of a critical material that is compliant with the requirements of subchapter III of of title 10, United States Code.
compliant sourcechapter 385 - The term means critical material that is sourced from a compliant source.
compliant material - The term has the meaning given such term in section 4872(h) of title 10, United States Code (as redesignated by this Act).
covered nation - The term means an end item that is currently in production or has been delivered to the Department of Defense.
covered system - The term means a material subject to sourcing restrictions under subchapter III of of title 10, United States Code.
critical materialchapter 385 - The term has the meaning given such term in section 4863 of title 10, United States Code.
end item - The term has the meaning given such term in section 101(a) of title 10, United States Code.
service acquisition executive - The term means the
working groupestablished under subsection (a).
- The term means a country that is not a covered nation.
- In this section:
Sec. 857. Enhanced security strategy for private fifth generation information and communications capabilities.
- (a) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require a contractor for a procurement related to fifth-generation wireless technology for private networks on military installations to provide the information described in subsection (b) to promote enhanced wireless network security requirements, including supply chain risk management.
- (b) Information described
- The information described in this subsection is as follows:
- A hardware bill of materials for a procurement described in subsection (a).
- A description of the implementation and operational use of zero trust principles and capabilities for such procurement.
- The information described in this subsection is as follows:
- (c) Prioritization
- With respect to a procurement described in subsection (a), the Secretary shall prioritize the use of private networks that employ Open-RAN approaches, including cloud-native capabilities.
- (d) Definitions
- In this section:
- The term has the meaning given in section 2801 of title 10, United States Code.
military installation - The term means section 9202 of title XCII of the National Defense Authorization Act for Fiscal Year 2021.
Open-RAN
- The term has the meaning given in section 2801 of title 10, United States Code.
- In this section:
Sec. 858. Preference for domestic procurement of professional services.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation—
- to require, to the maximum extent practicable and consistent with the interests of national security, preference for procurement of professional services from offerors that are United States companies; and
- to allow the Secretary discretion to waive the requirements of paragraph (1) if the Secretary determines that—
- compliance with such requirements would result in the Department of Defense failing to meet an urgent operational requirement; or
- no United States company or qualifying joint venture is capable of fulfilling the requirements of the contract in a timely or cost-effective manner.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation—
- (b) Waiver requirements
- A waiver described in subsection (a)(2) shall be issued in writing, shall include a justification for such issuance, and shall be submitted to the congressional defense committees not later than 30 days after such issuance.
- (c) Definitions
- In this section:
- The term means an entity that—
United States company - The term includes services in the fields of engineering, architecture, design, environmental consulting, financial consulting, program management, legal advisory, and other expert services as defined in the Federal Acquisition Regulation.
professional services - The term means a joint venture in which a United States company holds an ownership interest greater than 50 percent.
qualifying joint venture
- The term means an entity that—
- In this section:
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 861. Requirements relating to long-term concessions agreements with certain retailers.
- (a) In general
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 363
- (a) Prohibition on contracting with certain retailers
- The Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation.
- The Secretary may waive the requirements of paragraph (1) if the Secretary determines that—
- the goods or services to be provided by the retailer are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist;
- the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer; and
- the retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the ‘Committee’) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 (). 50 U.S.C. 4565
- Not later than 30 days after each use of the waiver authority under paragraph (2), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report including a justification for the use of such authority and a description of any risk mitigation strategies described in paragraph (2)(B).
- With respect to a retailer that has misrepresented the ownership and control of such retailer for the award of a long-term concessions agreement, the Secretary of Defense may terminate such agreement.
- Paragraph (1) shall apply with respect to a long-term concessions agreement entered into on or after the date of the enactment of this section.
- (b) Covered retailers
- The Secretary of Defense may not permit a covered retailer controlled by a covered nation to operate or conduct business through a physical location on a covered military installation, unless such covered retailer has received an approval determination under paragraph (4).
- Not later than 30 days after the date of the enactment of this section, a covered retailer—
- shall submit to the Committee a notice that includes any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation; and
- may not operate or conduct business through a physical location on a covered military installation unless the Committee submits a determination approving such notice in accordance with paragraph (3).
- The Committee shall conduct an investigation of the effects of a notice submitted under paragraph (2) on the national security of the United States, including an assessment of any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
- Not later than 180 days after completing an investigation under paragraph (3), the Committee shall submit to the Secretary of Defense a determination approving or disapproving the notice submitted under paragraph (2).
- (5)
- A covered retailer that receives an approval under paragraph (4) shall submit annually to the Committee disclosures regarding any change in the ownership structure that may affect whether or not the covered retailer is controlled by a covered nation.
- The Secretary of Defense shall immediately terminate a long-term concession agreement with a covered retailer if the Secretary determines such covered retailer has failed to comply with the requirements of this subsection.
- (c) Assessment of covered retailers
- Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
- Not later than 30 days after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a) or a determination made under subsection (b), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer.
- (d) Definitions
- In this section:
- The term
controlled by a covered nationmeans, with respect to a retailer— - The term
covered military installationmeans a military installation (as defined in section 2801 of this title) located in the United States. - The term
covered nationhas the meaning given in section 4872 of this title. - The term
covered retailermeans a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this Act. - The term
long-term concessions agreementmeans a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by— - The term
retailermeans—
- The term
- In this section:
- (a) Prohibition on contracting with certain retailers
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 363
- (b) Assessment of covered retailers
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
- (2) Termination
- Not later than one year after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer.
- (3) Definitions
- In this section, the terms , , and have the meanings given, respectively, in section 4664 of title 10, United States Code, as added by this section.
covered nation,covered retailer,long-term concessions agreement
- In this section, the terms , , and have the meanings given, respectively, in section 4664 of title 10, United States Code, as added by this section.
- (1) In general
Sec. 862. Prohibition on contracting with entities with segregated facilities.
of title 10, United States Code, as amended by section 861 of this Act, is further amended by adding at the end the following new section: Chapter 363
- Each contract, including a subcontract (at any tier) under such a contract, entered into by the Secretary of Defense on or after the date of the enactment of this section shall include a provision requiring that each contractor follow all Federal laws, including title II of the Civil Rights Act of 1964 (), which prohibit segregated facilities. 42 U.S.C. 2000a et seq.
Sec. 863. Requirement for contractors to provide reasonable access to repair materials.
- (a) In general
- of title 10, United States Code, as amended by section 862 of this Act, is further amended by adding at the end the following new section: Chapter 363
- (a) Requirement
- An agency may not enter into a contract for the procurement of reparable goods or repair services in support of major weapon systems unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized repair providers to diagnose, analyze, maintain, or repair the good or service.
- Requirement
- (b) Waiver
- The Secretary of Defense, or the head of the procuring agency in the case of a delegated authority, may waive the requirements of this section with respect to a particular contract or class of contracts upon a written determination that application of those requirements would have a negative impact on cost, schedule, or technical performance.
- (c) Protection for intellectual property, proprietary, and trade secret information
- Nothing in this section shall be construed to permit the unauthorized disclosure or release of intellectual property, commercially confidential information, or trade secrets. The Secretary of Defense shall take all necessary steps to protect such information from disclosure to the extent otherwise protected by law.
- (d) Fair and reasonable access defined
- In this section, the term means, as applicable—
fair and reasonable access- prices, terms, and conditions that allow the Department of Defense the rights to provide the repair materials to an authorized contractor consistent with section 3771 of title 10, United States Code, and the Government’s product support strategy;
- provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer or an authorized reseller or distributor offers the repair material to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider;
- if a manufacturer does not offer, directly or through an authorized reseller or distributor, the repair material to any authorized repair provider, then provision of such repair material at prices, terms, and conditions that are otherwise determined by the United States Government to be fair and reasonable in accordance with this title and subject to the dispute resolution process outlined in of title 41, United States Code; and chapter 71
- if the United States Government did not previously fund the development of the intellectual property of the manufacturer or an authorized reseller or distributor, the Government would pay a fair and reasonable licensing fee to obtain access.
- In this section, the term means, as applicable—
- (a) Requirement
- of title 10, United States Code, as amended by section 862 of this Act, is further amended by adding at the end the following new section: Chapter 363
- (b) Report
- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of this section.
- (c) Limitations
- Nothing in this section shall be construed as altering the requirements in section 2464 and 2466 of title 10, United States Code.
Sec. 864. Prohibition on acquisition of advanced batteries from certain foreign sources.
- (a) In general
- Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 385
- (a) In general
- Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if—
- more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern;
- such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 (; note prec.); and Public Law 118–31; 10 U.S.C. 4651
- each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that—
- limits the duration of the use of such technology; or
- requires—
- (i) any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or
- (ii) any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern.
- Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if—
- (b) Exceptions
- (1) Waiver
- (A) In general
- The Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary—
- (i) determines in writing that such acquisition is necessary to the national security interest of the United States; and
- (ii) implements a strategy to eliminate such necessity.
- The Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary—
- (B) Delegation
- The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows:
- (i) To the head of a contracting activity for the relevant component for a waiver for a single acquisition program.
- (ii) To the senior acquisition executive of a military department for a waiver for multiple programs within such military department.
- (iii) To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department.
- The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows:
- (C) Contents
- The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include—
- (i) the reason such waiver is required;
- (ii) a list of each weapon system or end item for which such advanced battery is being acquired under such waiver;
- (iii) the duration of such wavier; and
- (iv) a timeline for implementing the strategy described in subparagraph (A)(ii).
- The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include—
- (A) In general
- (2) Personal electronics
- Subsection (a) does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes.
- (3) Testing and evaluation
- Subsection (a) does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027.
- (1) Waiver
- (c) Definitions
- In this section:
- The terms and have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act ().
advanced battery,foreign entity of concern42 U.S.C. 18741(a) - The term
battery cellmeans the smallest individual component of a battery capable of converting chemical energy into electrical energy. - The term
electrode active materialsmeans cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery.
- The terms and have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act ().
- In this section:
- (a) In general
- Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 385
- (b) Applicability
- Section 4865 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts or other agreements entered into after the date of the enactment of this Act.
Sec. 865. Prohibition on acquisition of molybdenum from non-allied foreign nations.
- (a) In general
- Section 4872(h)(1) of title 10, United States Code, as redesignated and amended by this Act, is further amended—
- in subparagraph (D), by striking
andat the end; - in subparagraph (E), by striking the period at the end and inserting
; and; and- molybdenum.
- by adding at the end the following new subparagraph:
- in subparagraph (D), by striking
- Section 4872(h)(1) of title 10, United States Code, as redesignated and amended by this Act, is further amended—
- (b) Existing contract
- The amendments made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act.
Sec. 866. Requirement to buy disposable food service products from American sources; exceptions.
- (a) In general
- Subchapter II of of title 10, United States Code, as amended by section 864 of this Act, is further amended by adding at the end the following new section: chapter 385
- (a) Requirement
- The Secretary of Defense may only procure disposable food service products that—
- are American-made;
- contain no added perfluoroalkyl substances or polyfluoroalkyl substances; and
- improve operational readiness (as defined in section 4322 of this title).
- The Secretary of Defense may only procure disposable food service products that—
- (b) Waiver
- The Secretary of Defense may waive the requirement under subsection (a) if the Secretary—
- determines that the waiver is in the best interest of the national security of the United States; and
- submits to the congressional defense committees a written justification for issuing such waiver.
- The Secretary may not delegate the authority to issue a waiver under this subsection to an official below the level of the Under Secretary of Defense for Acquisition and Sustainment.
- The Secretary of Defense may waive the requirement under subsection (a) if the Secretary—
- (c) Definitions
- In this section:
- The term
American-mademeans, with respect to a disposable food service product, that such product is manufactured or produced in the United States— - The term
disposable food service productsmeans— - The terms and have the meanings given, respectively, in section 2714 of this title.
perfluoroalkyl substance,polyfluoroalkyl substance
- The term
- In this section:
- (a) Requirement
- Subchapter II of of title 10, United States Code, as amended by section 864 of this Act, is further amended by adding at the end the following new section: chapter 385
- (b) Modification of regulations
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of section 4866 of title 10, United States Code, as added by this section.
Sec. 867. Prohibition on Department of Defense contracts with certain foreign-owned online tutoring services.
Section 854 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; note prec.) is amended— Public Law 118–159; 10 U.S.C. 4651
- by striking and inserting ;
- by striking
the People’s Republic of Chinaand insertinga country of concern; and- (b) Country of concern defined
- In this section, the term means any of the following:
country of concern- China.
- Russia.
- Iran.
- North Korea.
- In this section, the term means any of the following:
- (b) Country of concern defined
- by adding at the end the following new subsection:
Sec. 868. Modifications to certain procurements from certain Chinese entities.
- (a) Modification of prohibition on Department of Defense procurement related to entities identified as Chinese military companies operating in the United States
- (1) Prohibition on use of loan or grant funds
- Prohibition on use of loan or grant funds
- (A) In general
- Subsection (a)(1) of section 805 of the National Defense Authorization Act for Fiscal Year 2024 (; note prec.) is amended— Public Law 118–31; 10 U.S.C. 4651
- (i) in subparagraph (A), by striking and inserting a semicolon;
- (ii) in subparagraph (B), by striking the period at the end and inserting ; and
- (iii) by adding at the end the following new subparagraph:
- obligate or expend loan or grant funds to procure or obtain goods and services produced or developed by an entity described in paragraph (2).
- Subsection (a)(1) of section 805 of the National Defense Authorization Act for Fiscal Year 2024 (; note prec.) is amended— Public Law 118–31; 10 U.S.C. 4651
- (B) Applicability
- The requirements of subparagraph (C) of section 805(a)(1) of the National Defense Authorization Act for Fiscal Year 2024 (; note prec.), as added by this paragraph, shall apply with respect to loan or grant funds obligated or expended on or after the date of the enactment of this Act. Public Law 118–31; 10 U.S.C. 4651
- (2) Expansion of entities covered
- Subsection (a)(2) of such section is amended—
- Expansion of entities covered
- in subparagraph (A), by striking and inserting a semicolon;
- in subparagraph (B), by striking the period at the end and inserting ; and
- any entity for which the Secretary has submitted a certification to the congressional defense committees for inclusion in this paragraph for national security reasons.
- by adding at the end the following new subparagraph:
- (3) Waiver reporting
- (4) Reporting
- The Secretary of Defense shall submit to the congressional defense committees an annual report on waivers granted under this subsection, including the justifications for such waivers.
- Subsection (c) of such section is amended by adding at the end the following new paragraph:
- (4) Reporting
- (4) Rulemaking
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to implement the prohibitions in section 805 of the National Defense Authorization Act for Fiscal Year 2024 (; note prec.), as amended by this subsection. Public Law 118–31; 10 U.S.C. 4651
- (1) Prohibition on use of loan or grant funds
- (b) Designation of certain biotechnology entities as Chinese military companies
- (1) In general
- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall update the list maintained by the Department of Defense in accordance with section 1260H(b) of the National Defense Authorization Act for Fiscal Year 2021 (; note) to include biotechnology entities (including any subsidiary, parent, affiliate, or successor of such an entity) engaged in DNA and RNA assembly, synthesis, and manufacturing. Public Law 116–283; 10 U.S.C. 113
- (2) Definitoins
- In this subsection:
- The term
DNA and RNA assembly, synthesis, and manufacturingmeans the chemical or biological production of RNA and DNA molecules through enzymatic methods or chemical synthesis and involving the construction of longer sequences or entire genomes from smaller DNA or RNA fragments, commonly used in medical research, synthetic biology, gene therapy, and vaccine development. - The term has the meaning given in section 1312(b) of the National Defense Authorization Act for Fiscal Year 2024 ().
biotechnology entityPublic Law 118–31
- The term
- In this subsection:
- (1) In general
- (c) Modification of prohibition on availability of funds for procurement of certain batteries
- Subsection (b) of section 154 of the National Defense Authorization Act for Fiscal Year 2024 (; 10 U.S.C. note preceding section 44651) is amended— Public Law 118–31
- by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;
- Amperex Technology Limited (also known as ).
ATL
- Amperex Technology Limited (also known as ).
- by inserting after paragraph (1) the following:
- by amending paragraph (8) as redesignated by striking
paragraphs (1) through (6)and insertingparagraphs (1) through (7).
- by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;
- Subsection (b) of section 154 of the National Defense Authorization Act for Fiscal Year 2024 (; 10 U.S.C. note preceding section 44651) is amended— Public Law 118–31
Sec. 869. Prohibition on the purchase of photovoltaic modules from foreign entities of concern.
- (a) In general
- Except as provided by subsection (b), none of the funds made available by this Act may be used to acquire a photovoltaic module or photovoltaic cells manufactured by a foreign entity of concern (as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (). 15 U.S.C. 4651
- (b) Waiver
- The Secretary of Defense may waive subsection (a) with respect to an acquisition of a photovoltaic module or photovoltaic cell manufactured by for foreign entity of concern if the Secretary—
- determines that a sufficient quantity and satisfactory qualify of such photovoltaic module or photovoltaic cell, as applicable, manufactured by entities other than foreign entities of concern is not available as and when needed at United States market prices;
- determines that the use of such photovolatic module or photovoltaic cell, as applicable, does not pose any risk to national security; and
- submits to the appropriate congressional committees a certification of the determinations under paragraphs (1) and (2) not later than the date that is 30 days prior to the date on which the Secretary of Defense enters into a contract or other agreement for such acquisition.
- The Secretary of Defense may waive subsection (a) with respect to an acquisition of a photovoltaic module or photovoltaic cell manufactured by for foreign entity of concern if the Secretary—
- (c) Applicability
- Subsection (a) shall apply only with respect to contracts or other agreements for the acquisition of photovoltaic modules or photovoltaic cells directly by the Department of Defense that do not involve any third party financing arrangements, including energy savings contracts and contracts or other agreements involving privatized military housing.
- (d) Definitions
- In this section:
- The term
photovoltaic cellmeans the smallest semiconductor element of a photovoltaic module that performs the immediate conversion of light into electricity. - The term
photovoltaic modulemeans an end item (as such term is defined in section 4863 of title 10, United States Code) comprised of connected and laminated photovoltaic cells in an environmentally protected assembly that is suitable to generate electricity when exposed to sunlight.
- The term
- In this section:
Sec. 870. Prohibition on computers or printers acquisitions involving entities owned or controlled by China.
Subtitle F—Industrial Base Matters
Sec. 871. Modification to demonstration and prototyping program to advance international product support capabilities in a contested logistics environment.
Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (; note) is amended— Public Law 118–31; 10 U.S.C. 2341
- in subsection (b)(2)—
- in subparagraph (A), by striking
andat the end; - by redesignating subparagraph (B) as subparagraph (C); and
- commercial advanced or additive manufacturing facilities for rapid, distributed production of parts closer to the point of use; and
- by inserting after subparagraph (A) the following new subparagraph:
- in subparagraph (A), by striking
- in subsection (g), by striking
on the dateand all that follows and insertingDecember 31, 2030..
Sec. 872. Modification to procurement requirements relating to rare earth elements and strategic and critical materials.
- (a) Modification regarding advanced batteries in disclosures concerning rare earth elements and strategic and critical materials by contractors of department of defense
- Section 857 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2727; note) is amended— Public Law 117–263; 10 U.S.C. 4811
- in subsection (a)—
- in paragraph (1)(A)—
- (i) by striking and inserting ; and
- (ii) by striking
of the magnetand insertingof the magnet, the advanced battery, or the advanced battery component (as applicable); and - (2) Elements
- A disclosure under paragraph (1) with respect to a system described in that paragraph shall include—
- if the system includes a permanent magnet, an identification of the country or countries in which—
- (i) any rare earth elements and strategic and critical materials used in the magnet were mined;
- (ii) such elements and materials were refined into oxides;
- (iii) such elements and materials were made into metals and alloys; and
- (iv) the magnet was sintered or bonded and magnetized; and
- if the system includes an advanced battery or an advanced battery component, an identification of the country or countries in which—
- (i) any strategic and critical materials that are covered minerals used in the battery or component were refined, processed, or reprocessed;
- (ii) any strategic and critical materials that are covered minerals and that were manufactured into the battery or component; and
- (iii) the battery cell, module, and pack of the battery or component were manufactured and assembled.
- if the system includes a permanent magnet, an identification of the country or countries in which—
- A disclosure under paragraph (1) with respect to a system described in that paragraph shall include—
- by amending paragraph (2) to read as follows:
- (d) Definitions
- In this section:
- The term means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act ().
strategic and critical materials50 U.S.C. 98b(a) - The term means lithium, nickel, cobalt, manganese, and graphite.
covered minerals
- The term means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act ().
- In this section:
- in paragraph (1)(A)—
- by amending subsection (d) to read as follows:
- in subsection (a)—
- Section 857 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2727; note) is amended— Public Law 117–263; 10 U.S.C. 4811
- (b) Technical amendments
- Subsection (a) of such section 857 is further amended—
- in paragraph (3), by striking
provides the systemand insertingprovides the system as described in paragraph (1); and - in paragraph (4)(C), by striking
a senior acquisition executiveand insertinga service acquisition executive.
- in paragraph (3), by striking
- Subsection (a) of such section 857 is further amended—
Sec. 873. Applicability of the prohibition on acquiring certain metal products.
Section 844(b) of the National Defense Authorization Act for Fiscal Year 2021 () is amended— Public Law 116–283
- in the subsection heading, by inserting after ; and
- by inserting after .
Sec. 874. Recycling critical mineral.
Section 848(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note) is amended— Public Law 116–283; 10 U.S.C. 4811
- in paragraph (1)—
- in subparagraph (B), by inserting after ; and
- in subparagraph (C), by inserting after ; and
- (3) Guidance
- The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance to use the lessons learned from the program of the Defense Logistics Agency for recycling optical-grade germanium used in weapons systems and night vision equipment to expand and scale the use of the authority of the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act () to recycle, reuse, or otherwise recover materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (). 50 U.S.C. 98 et seq.; 50 U.S.C. 98b(a)
- by adding at the end the following new paragraph:
Sec. 875. Organic small unmanned aircraft system manufacturing capacity.
- (a) In general
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group, to be called the , to develop recommendations—
SkyFoundry Working Group- for improving the domestic manufacturing capacity for small unmanned aircraft systems; and
- to enable rapid development, testing, and scalable manufacturing of small drones.
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group, to be called the , to develop recommendations—
- (b) Membership
- The membership of the working group shall include representatives from the Government, including representatives from the Army Materiel Command and the United States Special Operations Command, industry, and academia with expertise in the manufacturing, engineering, or testing and evaluation of small UAS manufacturing, including expertise in modular manufacturing processes for small UAS, or commercial best practices and business models for manufacturing small UAS.
- (c) Responsibilities
- The working group established under subsection (a) shall—
- identify existing infrastructure of the Department of Defense, including depots and military installations, that may be modified to operate as an innovation center and production facility for small UAS manufacturing that is capable of mass producing small UAS;
- assess how the infrastructure identified under paragraph (1) could be operated using a hybrid business model, including—
- a Government Owned, Contractor Operated model; and
- a Government Owned, Government Operated model;
- identify additional authorities that could be used to streamline and expedite the establishment of an organic small UAS innovation and production facility, including rapid acquisition authorities that could be used to accelerate contacting, production, testing, and delivery of small UAS to the Department of Defense;
- identify any changes to policy and procedures of the Department that are required for the Department to establish the innovation center and production facility for sUAS manufacturing at an existing depot or military installation;
- identify any funding required for the sustainment, restoration, and modernization of facilities to establish an innovation center and production facility for small UAS manufacturing; and
- develop and submit to the Secretary of Defense recommendations for—
- establishing an innovation center and production facility for small UAS manufacturing;
- workforce training to enhance the knowledge and experience of the workforce of the Department of Defense in small UAS design, manufacturing, and testing best practices and procedures; and
- expanding the concept of a innovation center and production facility to expand the access of the Department of Defense to required products, including energetics and autonomous systems.
- The working group established under subsection (a) shall—
- (d) Report
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress—
- a summary of the recommendations submitted to the Secretary under subsection (c)(6);
- an explanation of the actions taken by the Secretary to better enable the Department of Defense to rapidly develop, test, and manufacture small UAS; and
- the recommendations of the Secretary to enable the Department to expand domestic manufacturing capacity for small unmanned aircraft systems and to enable rapid development, testing, and scalable manufacturing of small drones, including any recommendations for any additional relevant statutory authorities.
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress—
- (e) Sunset
- (1) In general
- The requirements under this section shall expire on the date that is one year after the date of this Act.
- (2) Rule of construction
- Paragraph (1) shall not be construed as terminating the authority of the Secretary to continue the operating the working group established under subsection (a) after the expiration date established under such paragraph.
- (1) In general
- (f) Preservation of authority
- The establishment or findings of the working group established under subsection (a) shall not be construed as restricting, delaying, or otherwise limiting the Secretary of the Army from exercising any of the authorities of the Secretary referred to in this section, including the performance of any action under any authority of the Secretary that may be the subject of a review by or recommendation of such working group.
- (g) Definitions
- In this section:
- The term mean a small unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
small unmanned aircraft system - The term means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
small unmanned aircraft
- The term mean a small unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
- In this section:
Sec. 876. Protecting AI and cloud competition in defense contracts.
- (a) Cloud, data infrastructure, and foundation model procurement requirements
- The Secretary of Defense shall, when entering into a contract for cloud computing, data infrastructure, and artificial intelligence capabilities—
- promote security, resiliency, and competition in the procurement of such capabilities by requiring the use of competitive procedures under section 3012 of title 10, United States Code;
- ensure that the Government retains exclusive access to and use of all Government-furnished data;
- ensure that such competitive procedures—
- prioritize appropriate Government roles in intellectual property, data rights, security, interoperability, and auditability;
- incorporate modular open systems approaches (as defined in section 4401 of title 10, United States Code (as amended by section 1833 of this Act)) and technical boundaries;
- use best practices in streamlined procurement as set forth in the Federal Acquisition Streamlining Act of 1994 () and section 808 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; note); Public Law 103–355; 10 U.S.C. 4001
- encourages participation by small business concerns (as defined under section 3 of the Small Business Act ()) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code); 15 U.S.C. 632
- uses all appropriate acquisition authorities, including authorities under sections 4021 and 4022 of title 10, United States Code, and commercial solutions opening contracts entered into pursuant to section 3458 of title 10, United States Code.
- The Secretary of Defense shall, when entering into a contract for cloud computing, data infrastructure, and artificial intelligence capabilities—
- (b) Data training and use protection
- The Secretary of Defense, acting through the Director of the Chief Digital and Artificial Intelligence Office of the Department of Defense, shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that—
- Government-furnished data provided for the development or operation of AI capabilities may not be used by a covered provider to train or improve commercial products without express written authorization from the Secretary of Defense;
- such Government-furnished data, when stored on covered provider systems, is protected and treated in accordance with covered data principles, or, to the maximum extent practicable, under commercial AI terms protective of Government interests;
- a service acquisition executive (as defined in section 101 of title 10, United States Code) may waive the requirements of this subsection only if—
- such waiver is determined to be necessary for national security; and
- the Director is notified of the specific waiver, the covered provider and a description and the value of the contract to which the waiver applies, the data subject to the waiver, and the justification for such waiver.
- The Secretary of Defense, acting through the Director of the Chief Digital and Artificial Intelligence Office of the Department of Defense, shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that—
- (c) Report
- (1) In general
- Not later than January 15, 2027, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on—
- competition and innovation among providers of AI technologies or cloud computing capabilities for the Department of Defense;
- barriers to the award of a contract with the Department of Defense faced by providers of commercial AI technologies and emerging technology companies; and
- legislative and administrative recommendations to enhance innovation, competition, and secure data practices in Department of Defense AI and cloud acquisitions.
- Not later than January 15, 2027, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on—
- (2) Publication
- The Secretary of Defense shall ensure that the report is made available to the public by—
- posting a publicly releasable version of the report on a website of the Department of Defense; and
- upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department.
- The Secretary of Defense shall ensure that the report is made available to the public by—
- (1) In general
- (d) Definitions
- In this section:
- The terms and have the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ().
artificial intelligence,AI,artificial intelligence15 U.S.C. 9401 - The term
cloud computinghas the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. - The term
cloud providermeans an entity engaged in the provision, sale, or licensing of cloud computing. - The term means—
covered data principles - The term
covered providermeans any cloud provider, data infrastructure provider, or artificial provider that has entered into one or more contracts with an aggregate total value of greater than or equal to $50,000,000 during the period of five fiscal years preceding the fiscal year in which a contract described in subsection (a) is entered into. - The term
data infrastructuremeans the underlying computer, network, and software systems that enable the collection, storage, processing, and analysis of data, including the ability to record, transmit, transform, categorize, integrate, and otherwise process data generated by digital data systems.
- The terms and have the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ().
- In this section:
Sec. 877. Bioindustrial commercialization program.
- (a) In general
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a program to support the expansion of the domestic capacity for bioindustrial manufacturing of critical biomanufactured products at a commercial level through awards to eligible entities for establishing, upgrading, and retooling of eligible bioindustrial manufacturing facilities.
- (b) Awards
- (1) In general
- An entity seeking an award under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines appropriate.
- (2) Competitive awards
- The Secretary shall make each award under the program to an eligible entity in a competitive manner.
- (3) Award criteria
- In selecting eligible entities to receive awards under the program, the Secretary shall consider the following criteria:
- The potential of the technology of such eligible entity to improve domestic resilience and protect critical supply chains for critical biomanufactured products.
- How the technology of such eligible entity could help meet the demand for the capabilities required by the next generation of warfighters.
- The ability of the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award to be repurposed and the range of products that such eligible bioindustrial manufacturing facilities is capable of producing.
- Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award supports the goal of wide geographic distribution of bioindustrial manufacturing facility across the United States.
- Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award is located in geographic proximity to sources of input materials for the production of critical biomanufactured products or areas with established biomanfuacturing capabilities; and
- Such additional considerations that the Secretary deems appropriate.
- In selecting eligible entities to receive awards under the program, the Secretary shall consider the following criteria:
- (4) Use of award funds
- A recipient of an award under the program may use funds received under such award for the establishment, upgrading, or retooling of one or more eligible bioindustrial manufacturing facilities to produce critical biomanufactured products, including the development of business or technical plans related to such establishment, upgrading, or retooling.
- (1) In general
- (c) Oversight
- If the Secretary establishes the program, the Secretary shall establish reporting requirements for recipients of awards under the program which shall include requirements for period reports on the following:
- The progress of the recipient in establishing, upgrading, or retooling the eligible bioindustrial manufacturing facility with respect to which such recipient received such award.
- The estimated timeline and funding requirements for the recipient to begin biomanufacturing at the eligible bioindustrial manufacturing facility described in paragraph (1).
- The products, including the critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1).
- The progress of the recipient in entering into an agreement with the Department of Defense or an element thereof to provide critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1) once such eligible bioindustrial manufacturing facility begins biomanufacturing.
- If the Secretary establishes the program, the Secretary shall establish reporting requirements for recipients of awards under the program which shall include requirements for period reports on the following:
- (d) Reports to Congress
- (1) Initial report
- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the plan of the Secretary for allocating amounts appropriated to the Department of Defense to fund the program.
- (2) Annual reports
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the activities under the program, including—
- a list of the awards made under the program as of the date on which the report is submitted, including, for each such award—
- (i) the name of the entity that received the award;
- (ii) the location of the eligible bioindustrial manufacturing facility with respect to which such entity received the award;
- (iii) the amount of the award, disaggregated by the initial amount of the award and any additional amounts provided under the award;
- (iv) an explanation of the criteria supporting making the award to such entity, including a description of any notable technologies of such entity relevant to the award;
- (v) if applicable, an explanation of the rational for providing additional amounts under the award; and
- (vi) to the extent practicable, and explanation of the effects of the award;
- an identification of amounts available to the Department of Defense for making awards under the program as of the date on which the report is submitted and an explanation of any plans for the use of such amounts;
- an explanation of the communication between the Secretary and eligible entities seeking an award under the program regarding requirements and timelines for such awards; and
- an explanation of how the establishment, upgrading, or retooling of the eligible bioindustrial manufacturing facility for which awards were made under the program aligns with priorities and needs of the Department of Defense and national security.
- a list of the awards made under the program as of the date on which the report is submitted, including, for each such award—
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the activities under the program, including—
- (1) Initial report
- (e) Sunset
- (1) In general
- Except as provided by paragraph (2), this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
- (2) Extension
- The Secretary may change the date on which this section terminates to a date that is later than the date on which this section would terminate under paragraph (1) if the President determines that the continuation of the program is necessary to meet national economic and national security needs.
- (1) In general
- (f) Definitions
- In this section:
- The term means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.
biomanufacturing - The term means a chemical, material, and other product that is manufactured using biomanufacturing and is relevant to the Department of Defense.
critical biomanufactured product - The term means a bioindustrial manufacturing facility that—
eligible bioindustrial manufacturing facility - The term means an entity that—
eligible entity - The term means the
programestablished under subsection (a). - The term means the
Secretaryof Defense.
- The term means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.
- In this section:
Sec. 878. Common repository for supplier information.
- (a) In general
- Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Industrial Base Policy shall establish a repository of information commonly required for the initial vetting by the Department of Defense of contractors applying to be qualified to supply products or services to the Department.
- (b) Coordinated efforts
- The Assistant Secretary of Defense for Industrial Base Policy shall develop the repository required under subsection (a) in conjunction with or as part of other efforts of an Office of Small Business Programs of the Department of Defense to provide market research, supply chain resiliency, cybersecurity, and secure cloud tools to entities furnishing procurement technical assistance under of title 10, United States Code, and small manufacturers. chapter 388
- (c) Cooperative agreement
- The Assistant Secretary of Defense for Industrial Base Policy may enter into a public-private partnership or cooperative agreement with one or more contractors of the Department of Defense in establishing the repository required by (a) if the Assistant Secretary determines that such repository—
- would reduce duplicative efforts or reduce the time spent by potential suppliers in providing similar information to multiple prime contractors; or
- would streamline or reduce the cost of a prime contractor qualifying a supplier for products or services to be provided to the Department.
- The Assistant Secretary of Defense for Industrial Base Policy may enter into a public-private partnership or cooperative agreement with one or more contractors of the Department of Defense in establishing the repository required by (a) if the Assistant Secretary determines that such repository—
Sec. 879. Civil Reserve Manufacturing Network.
- (a) Working group
- (1) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to support the establishment of the Civil Reserve Manufacturing Network to preserve the military advantage and bolster the defense of the United States and broaden the domestic industrial base.
- (2) Responsibilities
- The working group established under paragraph (1) shall—
- identify issues with respect to the CRMN;
- develop recommendations for establishment and operation of the CRMN, including recommendations for—
- (i) resolving the issues identified under subparagraph (A); and
- (ii) incentives to encourage participation in the CRMN;
- submit to the Secretary the issues identified under subparagraph (A) and the recommendations developed under subparagraph (B).
- The working group established under paragraph (1) shall—
- (3) Collaboration
- In carrying out the responsibilities of the working group established under paragraph (1), the working group shall collaborate with relevant entities, including government, industry, and academia.
- (1) In general
- (b) Initial plan
- (1) In general
- Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the establishment of the CRMN program that includes—
- a plan to develop a CRMN comprised of commercial advanced or adaptive manufacturing capabilities or facilities that can rapidly transition from the production of commercial products for commercial customers to the production of products required by the Department of Defense; and
- an identification of any statutory or regulatory constraints on the establishment or effectiveness of the CRMN and recommendations to streamline the establishment of the CRMN, including any changes to existing authorities related to the use of public-private partnerships.
- Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the establishment of the CRMN program that includes—
- (2) Considerations
- In developing the plan required under paragraph (1), the Secretary shall, to the extent practicable, incorporate the recommendations of the working group established under subsection (a) submitted to the Secretary under paragraph (2) of such subsection.
- (1) In general
- (c) Interim report
- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on progress of the CRMN, including—
- an assessment of the benefits a factory-as-a-service model with respect to accelerating the timelines for the establishment of the CRMN, reducing the costs to the Government of operating the CRMN, minimizing obsolescence of commercial advanced or adaptive manufacturing capabilities or facilities that are part of the CRMN, and enabling the rapid scaling of the CRMN;
- an analysis of improvements in efficiency and cost reduction the Department of Defense may achieve without sacrificing performance, reliability, qualify, or safety from the use of advanced or adaptive manufacturing and application value engineering techniques under part 48 of the Federal Acquisition Regulation;
- an assessment of potential to improve supply chain resiliency through the acquisition by the Government of advanced or adaptive manufacturing hardware structures for use by system integrators;
- an identification of any statutory or regulatory constraints and recommendations to streamline the establishment of the CRMN, including any amendments to exiting authorities for public-private partnerships;
- an explanation of the progress on developing an incentive structure that would enable the success of the CRMN by sufficiently addressing the risk to commercial customers of CRMN participants of loss of production if such participants are required to shift production to meet the needs of the Department;
- a list of existing programs of the Department that are delayed or have cost overruns resulting from a lack of components due to shortages of required casting and forging capabilities of manufacturers, including—
- the name of the program or contract;
- the components that are delayed or contributing to such cost overruns; and
- whether such components could be produced through alternative means, including advanced or adaptive manufacturing; and
- a strategy to transition existing production approaches for the programs identified under paragraph (6) to advanced or adaptive manufacturing.
- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on progress of the CRMN, including—
- (d) Civil Reserve Manufacturing Network program
- (1) In general
- After the submission of the plan required under subsection (b)(1), the Secretary shall establish the CRMN program under which—
- the Secretary shall establish the CRMN; and
- advanced or adaptive manufacturers participate in the CRMN.
- After the submission of the plan required under subsection (b)(1), the Secretary shall establish the CRMN program under which—
- (2) Participant requirements
- Each participant shall enter into an agreement with the Secretary under which such participant shall, upon such terms and conditions as agreed to by the Secretary and the participant, rapidly transition the production facilities of such participant to begin production of products for the Department of Defense.
- (3) Solicitation of program participants
- Not later than one year after the date of enactment of this Act, the Secretary shall seek to enter into agreements with one or more advanced or adaptive manufacturers to participate in the CRMN under the program.
- (4) Participation benefits
- (A) Expedited qualification
- The Secretary shall establish expedited procedures for qualifying participants to be eligible to supply products or services to the Department of Defense.
- (B) Funding
- Subject to the availability of appropriations, the Secretary shall award funding to participants for—
- (i) expedited qualification and testing of products manufactured by the participant for use by the Department of Defense; and
- (ii) non-recurring engineering costs associated with the conversion of specifications of a traditionally manufactured product into an appropriate format for advanced or adaptive manufacturing.
- Subject to the availability of appropriations, the Secretary shall award funding to participants for—
- (A) Expedited qualification
- (1) In general
- (e) Briefings
- Not later than March 1, 2027, and annually thereafter for five years, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the establishment of the CRMN under the program.
- (f) Definitions
- In this section:
- The term means a manufacturer that uses advanced or adaptive manufacturing.
advanced or adaptive manufacturer - The term means manufacturing through the use of interconnected, advanced technologies throughout the design and manufacturing process that enables modular, adaptable, and efficient manufacturing, including software-controlled subtractive manufacturing, additive manufacturing, and powder bed fusion manufacturing.
advanced or adaptive manufacturing - The term means hardware used in advanced or adaptive manufacturing for the positioning, mounting, or bracing of a product in the manufacturing process.
advanced or adaptive manufacturing hardware structure - The term means a network of manufacturers that have entered into an agreement with the Secretary under which the manufacturer agrees to rapidly transition the manufacturing facilities of such manufacturers that produce commercial products for purchasers other than the Department of Defense to the production of products for the Department of Defense.
CRMN - The term means a business model and technological framework that provides access to scalable and flexible manufacturing resources as service, enables rapid reconfiguration of production lines, and real-time collaboration across geographically dispersed facilities.
factory-as-a-service - The term means an advanced or adaptive manufacturer that is participating in the CRMN under the program.
participant - The term means the
programestablished under subsection (d)(1). - The term means the
Secretaryof Defense.
- The term means a manufacturer that uses advanced or adaptive manufacturing.
- In this section:
- (g) Confirming amendment
- Section 3243 of title 10, United States Code, is amended—
- by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
- (e) Advanced or adaptive manufacturing qualifications
- The head of the agency shall establish a process to streamline qualification of sources who use advanced manufacturing techniques, including those using a digital adaptive production system. Once a source is qualified, the head of the agency shall not require additional qualification for sources or products produced unless material changes have been made to the manufacturing process.
- (e) Advanced or adaptive manufacturing qualifications
- by inserting after subsection (d) the following new subsection:
- by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
- Section 3243 of title 10, United States Code, is amended—
Subtitle G—Small Business Matters
Sec. 881. Department of Defense contracting goals for small business concerns owned and controlled by veterans.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 387
- (a) Contracting goals
- In order to increase contracting opportunities for small business concerns owned and controlled by veterans, the Secretary shall establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans that is not less than the Governmentwide goal for that fiscal year for participation by small business concerns owned and controlled by service-disabled veterans under section 15(g)(1) of the Small Business Act (). 15 U.S.C. 644(g)(1)
- (b) Sole source contracts for contracts above simplified acquisition threshold
- For purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if—
- such concern is determined to be a responsible source with respect to performance of such contract;
- the anticipated award price of the contract (including options) will not exceed the amounts established in section 36(c)(2) of the Small Business Act (); and 15 U.S.C. 657f(c)(2)
- in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.
- For purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if—
- (c) Use of restricted competition
- Except as provided in subsection (b), for purposes of meeting the goals under subsection (a) and in accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.
- (d) Eligibility of small business concerns
- A small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database described in section 36(f)(1) of the Small Business Act (). 15 U.S.C. 657f(f)(1)
- (e) Small Business Act definitions
- In this section, the terms , , and have the meanings given, respectively, under section 3 of the Small Business Act ().
small business concern,small business concern owned and controlled by veterans,small business concern owned and controlled by service-disabled veterans15 U.S.C. 632
- In this section, the terms , , and have the meanings given, respectively, under section 3 of the Small Business Act ().
Sec. 882. Permanent extension of phase flexibility and inclusion of small business technology transfer program.
Section 9(cc) of the Small Business Act () is amended— 15 U.S.C. 638(cc)
- by striking
During fiscal years 2012 through 2025, theand insertingThe; and - by inserting after each place it appears.
Sec. 883. Authority to make additional sequential Phase II awards under the Small Business Innovation Research program or Small Business Technology Transfer program.
- (a) In general
- Notwithstanding paragraph (1) of section 9(ff) of the Small Business Act (), during each of fiscal years 2026 through 2029, the Secretary of Defense may award one additional sequential Phase II SBIR award or one additional sequential Phase II STTR award during each such fiscal year to a small business concern that received an additional Phase II award under such paragraph (1) for continued work on the project for which the small business concern received such award. 15 U.S.C. 638(ff)(1)
- (b) Limitations
- In carrying out this section, the Secretary of Defense—
- may use not more than 3 percent of the funds allocated to the SBIR program or STTR program of the Department, as applicable;
- shall minimize, to the maximum extent possible, the number of awards made using the authority under this section; and
- shall notify the Administrator of the Small Business Administration of the use of the authority under this section before making an award under this section that includes an explanation of why the Secretary elected to use the authority under this paragraph instead of seeking a Phase III award for such project.
- In carrying out this section, the Secretary of Defense—
- (c) Definitions
- In this section, the terms , , and have the meanings given, respectively, in section 9 of the Small Business Act ().
SBIR,STTR,Phase II15 U.S.C. 638
- In this section, the terms , , and have the meanings given, respectively, in section 9 of the Small Business Act ().
Sec. 884. Congressional notification requirements for small business concerns for any significant contract termination.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise section 249.7001 of the Department of Defense Supplement to the Federal Acquisition Regulation (or any successor regulation) to extend the congressional notification requirements for any significant contract termination to include contracts awarded to a small business concern (as defined under section 3 of the Small Business Act ()). 15 U.S.C. 632
Subtitle H—Other Matters
Sec. 891. Special Operations Command Urgent Innovative Technologies and Capabilities Pilot Program.
- (a) Establishment
- The Commander of the United States Special Operations Command shall carry out a pilot program to be known as the (in this section referred to as the ) to accelerate the research, development, testing, procurement, and initial sustainment of innovative technologies and equipment that enhance the operational capabilities of Special Operations Forces to meet emerging mission requirements.
USSOCOM Urgent Innovative Technologies and Capabilities PilotProgram``
- The Commander of the United States Special Operations Command shall carry out a pilot program to be known as the (in this section referred to as the ) to accelerate the research, development, testing, procurement, and initial sustainment of innovative technologies and equipment that enhance the operational capabilities of Special Operations Forces to meet emerging mission requirements.
- (b) Requirements
- The Commander shall—
- establish procedures for component special operations units to submit requests to the Commander for the inclusion of innovative technologies and equipment in the Program; and
- use authorities under section 167(e)(4) of title 10, United States Code, to carry out the Program.
- The Commander shall—
- (c) Report
- (1) In general
- Not later than one year after the date of the enactment of this section, and annually thereafter for the duration of the Program, the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the implementation and effectiveness of the Program.
- (2) Contents
- Each report shall include the following:
- A summary of activities carried out under the Program along with documentation of planned expenditures.
- An assessment of the effect of innovative technologies and equipment included in the Program on the operational capabilities of the United States Special Operations Command.
- Recommendations for the continuation, expansion, or modification of the Program.
- A description of any challenges encountered and lessons learned.
- A description of any action using established procedures for a reprogramming of funds in an amount greater than the approved amount for such reprogramming, as established by Congress, to carry out the Program.
- Each report shall include the following:
- (1) In general
- (d) Sunset
- The authority to carry out the Program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 892. Inventory of technical data rights for weapon system sustainment.
- (a) Inventory required
- Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall initiate a process to establish an inventory of the required covered data related to procured covered systems. Such inventory shall be made available for use by employees of the Department of Defense or depot maintenance support contractors.
- (b) Review of requirements
- In conducting the inventory required by subsection (a), each service acquisition executive shall review requirements for covered data identified during the design, development, and procurement of a covered system including, as applicable—
- the planning for sustainment and the development of a life cycle cost estimate for the covered system required by paragraphs (4) and (6) of section 4251(b) of title 10, United States Code;
- the life-cycle sustainment planning required by paragraph (10) of section 4252(b) of title 10, United States Code;
- the estimate of requirements for core logistics capabilities required by paragraph (11) of such section 4252(b);
- the actions planned to acquire technical data required by paragraph (13) of such section 4252(b);
- the assessment of the long-term technical data needs required by subsection (a)(1)(A) of section 3774 of title 10, United States Code;
- the acquisition strategy to provide for technical data rights required by subsection (a)(1)(B) of such section 3774;
- the assessment and strategy related to inclusion of a priced contract option required by subsection (b)(2) of such section 3774;
- the assessment and strategy related to the potential for changes in the sustainment plan over the life cycle of the covered system required by subsection (b)(3) of such section 3774;
- the product support strategy developed by the product support manager under section 4324(b)(1)(A) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act;
- requirements related to rights in technical data as described in section 3772 of title 10, United States Code.
- requirements related to acquisition or licensing of intellectual property required by section 3791 of title 10, United States Code, as it pertains to the covered system;
- the intellectual property management plan for product support required by section 4324(b)(1)(G) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; and
- the identification of major maintenance and overhaul requirements that will be required during the life cycle of the covered system required by section 4324(b)(1)(J) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act.
- In conducting the inventory required by subsection (a), each service acquisition executive shall review requirements for covered data identified during the design, development, and procurement of a covered system including, as applicable—
- (c) Identification and assessment
- After completing the inventory required by subsection (a), the service acquisition executive shall publish an assessment of covered data related to procured covered systems. In conducting this assessment, the service acquisition executive shall, for each requirement identified in subsection (b)—
- confirm that the service acquisition executive has, or has access to, the covered data described in the requirement;
- describe the physical or electronic storage location of the covered data that is in the possession of the service acquisition executive concerned, or the method of access to the covered data, as applicable; and
- describe the category of rights, including customized commercial licenses or specially negotiated licenses, associated with the covered data.
- After completing the inventory required by subsection (a), the service acquisition executive shall publish an assessment of covered data related to procured covered systems. In conducting this assessment, the service acquisition executive shall, for each requirement identified in subsection (b)—
- (d) Identification of insufficiency
- Based on the review of requirements in subsection (b) and the assessment required by subsection (c), the service acquisition executive shall specifically identify any insufficiency in the possession of, or access to, covered data that negatively affects the ability of a Secretary of a military department to effectively operate the procured covered system and maintain it in a cost-effective manner.
- (e) Cost estimate
- For each procured covered system, the service acquisition executive shall—
- work with any contractor for such procured covered system to—
- determine the best approach to remedy an insufficiency identified pursuant to subsection (d) in the most cost-effective manner practicable; and
- develop a cost estimate associated such remedy; and
- provide to the Secretary of Defense and chiefs of the Armed Forces the cost estimate described in paragraph (1)(B) and a recommended plan of action, including the funding required to provide such remedy.
- work with any contractor for such procured covered system to—
- For each procured covered system, the service acquisition executive shall—
- (f) Quarterly updates to congress
- Not later than April 1, 2026, and every 90 days thereafter until the inventory required by subsection (a) is complete, each service acquisition executive shall provide to the congressional defense committees a briefing on—
- progress made toward completing the inventory;
- a summary of findings from the inventory;
- efforts to remedy an insufficiency in covered data, including a summary of actions to fund such remedy;
- a description of the method used in negotiating with any relevant contractor to access covered data, including use of customized commercial licenses or specially negotiated licenses, associated with the covered data; and
- any lessons learned to plan for and acquire covered data related to procured covered systems.
- Not later than April 1, 2026, and every 90 days thereafter until the inventory required by subsection (a) is complete, each service acquisition executive shall provide to the congressional defense committees a briefing on—
- (g) Advice and assistance
- The cadre of intellectual property experts established under section 1707 of title 10, United States Code, shall provide advice, assistance, and resources to a service acquisition executive in conducting an inventory required by this section.
- (i) Definitions
- In this Act:
- The term has the meaning given in section 101 of title 10, United States Code.
service acquisition executive - The term means—
covered system - The term means technical data and computer software.
covered data - The term means a contractor performing a contract under the direction and control of the Secretary of Defense in support of depot-level maintenance and repair (as defined in section 2460 of title 10, United States Code).
depot maintenance support contractor - The term means a covered system for which the Secretary of Defense has taken delivery of, has access to, or has negotiated terms to enable guaranteed access or delivery at a future date, for use by employees of the Department of Defense or depot maintenance support contractors.
procured covered system
- The term has the meaning given in section 101 of title 10, United States Code.
- In this Act:
Sec. 893. Establishing biobased product merit guidance.
- (a) In general
- Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Secretaries of the military departments, shall develop and make public available guidance for private entities on how such entities can effectively prove that a biobased product of such entity provides capabilities meeting the requirements of the Department of Defense.
- (b) Analysis
- (1) In general
- The Comptroller General of the United States shall conduct an analysis of the process of the Department of Defense for developing requirements to determine if such processes intentionally or unintentionally exclude biobased products.
- (2) Report
- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the findings of the analysis conducted under paragraph (1) and, if Comptroller General determines through such analysis that the processes described in such paragraph exclude biobased products, containing recommendations of the Comptroller General to reduce such exclusion.
- (1) In general
- (c) Biobased product defined
- In this section, the term
biobased productmeans a product manufactured, produced, or developed through the application living organisms to alter living or non-living materials.
- In this section, the term
Sec. 894. Comptroller General assessment of competitive effects of mergers and acquisitions of defense contractors.
The Comptroller General of the United States shall conduct an assessment and submit to the congressional defense committees a report on the competitive effects of mergers and acquisitions of defense contractors during the ten-year period preceding the date of the enactment of this Act that includes—
- the effectiveness of any remedy relating to a merger or acquisition of defense contractors on defense industry competition and defense industrial base sustainability;
- the effectiveness of information sharing between the Attorney General, the Federal Trade Commission, and the Secretary of Defense in the merger and acquisition review process;
- an analysis of the processes used by the Secretary of Defense for measuring the effect of vertical integration of defense contractors on competition, including data collection and the ability to access information from defense contractors that are parties to the merger or acquisition to assess anticompetitive practices among defense contractors; and
- implementation of previous recommendations of the Comptroller General, the Secretary of Defense, or the Defense Science Board to enhance competition among defense contractors.
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.
- (a) Repeal of reporting requirements on diversity and inclusion
- Section 113 of title 10, United States Code, is amended—
- in subsection (c)—
- by striking paragraph (2); and
- by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
- in subsection (g)(1)(B)—
- by striking clause (vii); and
- by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and
- by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively.
- in subsection (c)—
- Section 113 of title 10, United States Code, is amended—
- (b) Repeal of chief diversity officer
- Section 147 of title 10, United States Code, is repealed.
- (c) Repeal of program on diversity in military leadership
- Section 656 of title 10, United States Code, is repealed.
- (d) Prohibited diversity, equity, and inclusion practices
- (1) In general
- Except as provided in paragraph (2), the Secretary of Defense may not—
- maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office;
- maintain or employ a chief diversity officer or a substantially similar officer;
- develop, implement, distribute, or publish—
- (i) plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility;
- (ii) action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys;
- develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity;
- develop, implement, or maintain an agency equity team or a substantially similar team;
- develop, implement, distribute, publish, establish, or purchase—
- (i) a training course relating to—
- diversity;
- equity;
- inclusion;
- a critical theory relating to race, gender, or otherwise; or
- intersectionality; or
- (ii) a training course substantiality similar to a training course described in clause (i);
- develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or
- maintain or employ a position relating to diversity, equity, inclusion, or accessibility.
- Except as provided in paragraph (2), the Secretary of Defense may not—
- (2) Rule of construction
- Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating—
- Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or
- an office enforcing the Americans with Disabilities Act of 1990 () or similar programs or offices as historically organized and operated within the Department of Defense. 42 U.S.C. 12101 et seq.
- Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating—
- (1) In general
Sec. 902. Modification to authorities of the Under Secretary of Defense for Research and Engineering.
Section 133a(b) of title 10, United States Code, is amended—
- in paragraph (2), by striking
andat the end; - in paragraph (3), by striking the period at the end and inserting a semicolon; and
- having the authority to direct the Secretaries of the military departments and the heads of other elements of the Department with regard to matters for which the Under Secretary has responsibility; and
- conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department.
- by adding at the end the following new paragraphs:
Sec. 903. Modification to authorities of the Director of Operational Test and Evaluation.
Section 139 of title 10, United States Code, as amended by section 1801 of this Act, is further amended—
- in subsection (b)—
- in paragraph (6), by striking
andat the end; - in paragraph (7), by striking the period at the end and inserting
; and; and- coordinate with operational test and evaluation organizations of the armed forces to review their service-approved test and evaluation master plans.
- by adding at the end the following new paragraph:
- in paragraph (6), by striking
- in subsection (k), by inserting before the period at the end; and
- (l)
- The Director may enter into contracts with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—
- test planning, preparation and monitoring;
- data collection;
- data analysis;
- drafting and reviewing test reports;
- providing technical expertise and support to program offices; and
- performing such other duties as the Director determines appropriate.
- The Secretary of Defense shall ensure that the Director has sufficient funding to enter into the contracts for which authorization is provided under paragraph (1).
- The Director may enter into contracts with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—
- (l)
- by adding at the end the following new subsection:
Sec. 904. Additional authorities for the Office of Strategic Capital.
Section 149(e) of title 10, United States Code, is amended—
- in paragraph (3)(A)(ii)(VI), by striking
Secretaryand insertingDirector;- (ii) The Department of Defense Credit Program Account shall be credited with amounts appropriated pursuant to the authorization of appropriations and fees and payments received under paragraph (6).
- by amending clause (ii) of paragraph (5)(A) to read as follows:
- by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
- (6)
- The Director may charge and collect fees and collect payments to reimburse costs incurred by the Office in connection with an application for, or as a condition of an eligible entity receiving or restructuring, capital assistance under this subsection. The Director may set the fees at a level that the Director considers appropriate. Fees and payments received under this paragraph shall be credited to the Department of Defense Credit Program Account to remain available until expended for costs and expenditures as provided under clauses (ii) through (iv) of paragraph (5)(B).
- (B)
- (i) Except as provided in clause (ii), no fees or payments may be received pursuant to the authority provided under subparagraph (A) as of the date specified in paragraph (11).
- (ii) With respect to loan and loan guarantees for which an obligation was incurred prior to the expiration date in paragraph (11), the Director may continue to charge and collect fees and cost reimbursements in connection with such loan and loan guarantee assets until fully collected.
- (6)
- by inserting after paragraph (5) the following new paragraph:
Sec. 905. Further modifications to capital assistance program of the Office of Strategic Capital.
Section 149 of title 10, United States Code, as amended by section 904, is further amended—
- in subsection (d), by inserting after ;
- in subsection (e)—
- in paragraph (3)—
- (i) in subparagraph (A)(ii)(I), by amending item (bb) to read as follows:
- The Director may waive the requirement under item (aa) with respect to an investment if—
- the investment is determined by the Secretary of Defense, acting through the Director, to be vital to the national security of the United States; or
- in the case of a convertible debt instrument, the Director believes the total return on investment of such convertible debt instrument will exceed the total return on investment of a loan with an interest rate at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.
- (ii) by adding at the end the following new subparagraph:
- (D)
- (i) The Director may, as a minority investor, support an eligible investment selected pursuant to subsection (d) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, financial interests (including equity and quasi-equity securities (such as warrants)) of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine.
- (ii) The Director may seek to sell and liquidate any support for an eligible investment provided under subparagraph (A)(i) commensurate with other similar investors in the eligible investment and taking into consideration the national security interests of the United States.
- (D)
- (i) in subparagraph (A)(ii)(I), by amending item (bb) to read as follows:
- by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively;
- (7)
- There is established in the Treasury of the United States a Department of Defense Equity Program Account to hold equity instruments obtained under this subsection.
- In addition to equity instruments described in subparagraph (A), the Equity Program Account shall consist of amounts appropriated to carry out this subsection.
- (7)
- by inserting after paragraph (6) the following new paragraph:
- The Director shall notify the congressional defense committees not later than 30 days after any capital assistance is provided under this subsection.
- by amending paragraph (10), as so redesignated, to read as follows:
- The authority of the Director to make equity investments under this subsection shall expire on October 1, 2028. Any equity investments made under this subsection that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection.
- in paragraph (11), as so redesignated, by adding at the end the following new subparagraph:
- The term means a loan, loan guarantee, convertible debt instrument, equity security, quasi-equity security (such as a warrant), or technical assistance.
capital assistance
- The term means a loan, loan guarantee, convertible debt instrument, equity security, quasi-equity security (such as a warrant), or technical assistance.
- in paragraph (3)—
- in subsection (f), by amending paragraph (1) to read as follows:
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Membership of Commandant of the Coast Guard on the Joint Chiefs of Staff.
- (a) Membership on the Joint Chiefs of Staff
- The Commandant of the Coast Guard.
- Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- (b) Appointment of Chairman; grade and rank
- Section 152 of such title is amended—
- in subsection (b)(1)(B) by striking
or the Chief of Space Operationsand insertingthe Chief of Space Operations, or the Commandant of the Coast Guard; and - in subsection (c), by striking
Navyand insertingNavy or Coast Guard.
- in subsection (b)(1)(B) by striking
- Section 152 of such title is amended—
- (c) Vice Chairman
- Section 154(f) of such title is amended by striking
Navyand insertingNavy or Coast Guard.
- Section 154(f) of such title is amended by striking
- (d) Inclusion on the Joint Staff
- Section 155(a) of such title is amended—
- in paragraph (2)—
- in the matter preceding subparagraph (A), by striking ;
- in subparagraph (B), by striking
andat the end; - in subparagraph (C), by striking the period at the end and inserting
; and; and- the Coast Guard.
- by adding at the end the following new subparagraph:
- in paragraph (3), by striking
Secretary of the military department having jurisdiction over that armed forceand insertingSecretary concerned.
- in paragraph (2)—
- Section 155(a) of such title is amended—
- (e) Duties as member of Joint Staff
- Section 302 of title 14, United States Code, is amended—
- by striking and inserting the following:
- The President may
- (b)
- The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10.
- To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant’s duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department.
- Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the department in which the Coast Guard is operating fully informed of significant military operations affecting the duties and responsibilities of such Secretary.
- by adding at the end the following new subsection:
- by striking and inserting the following:
- Section 302 of title 14, United States Code, is amended—
Sec. 912. Joint Counter-Small Unmanned Aircraft Systems Office.
- (a) In general
- Subchapter I of of title 10, United States Code, is amended by adding at the end the following new section: chapter 8
- (a) Establishment
- There is established in the Department of Defense a joint activity to be known as the (referred to in this section as the ).
Joint Counter-Small Unmanned Aircraft SystemsOffice``
- There is established in the Department of Defense a joint activity to be known as the (referred to in this section as the ).
- (b) Director
- There is a
Directorof the Office (referred to in this section as the ) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are—- general or flag officers of the covered armed forces; or
- members of the Senior Executive Service.
- The Director shall report directly to Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters.
- There is a
- (c) Organization
- The Office shall—
- be designated as a jointly manned activity; and
- shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense.
- The Office shall—
- (d) Responsibilities
- The Office shall do the following:
- Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as ) as weapons of strategic influence.
sUAS - Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency assistance as necessary.
- Identify innovative near-term (executable within a 5 year timeframe) counter-sUAS solutions.
- Coordinate with other components of the Department of Defense to carry out ongoing mid-term (covering a 5-10 year timeframe) research and development initiatives and long-term (covering a timeframe exceeding 10 years) science and technology efforts that could help address the counter-sUAS threat.
- Coordinate efforts of the Department of Defense to identify, assess, and disrupt adversarial unmanned aircraft system supply chains and financial threat networks that support such supply chains.
- Coordinate with the United States Northern Command, or any successor entity serving as the lead synchronizer for homeland counter small unmanned aircraft systems, to develop and deploy counter-sUAS capabilities for homeland defense.
- Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force, deploying forces, installation defense within and outside the United States, and other relevant scenarios.
- Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities, including—
- systems to sense, identify, track, and defeat small unmanned aircraft systems, both kinetically and non-kinetically;
- command and control systems; and
- such other capabilities the Director determines appropriate.
- Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f).
- Develop and regularly update a counter-sUAS strategic plan in accordance with subsection (g).
- Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate.
- Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as ) as weapons of strategic influence.
- The Office shall do the following:
- (e) Approval and validation of counter-sUAS systems
- The Office shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department.
- In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Office and has proven to be effective for use by the Department in countering sUAS.
- Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system—
- has been validated and approved by the Office under paragraph (1); and
- is included on the list maintained under paragraph (2).
- The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees—
- notice of the intent to issue such a waiver; and
- an explanation of the reasons for issuing the waiver.
- (f) Acquisition oversight division
- The Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall—
- include acquisition professionals from relevant Program Executive Offices within each covered armed force;
- support and facilitate efforts of the covered armed forces—
- to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Office under subsection (e); and
- to efficiently and effectively transition such capabilities into operational use; and
- have such other duties and responsibilities as the Director determines appropriate.
- The Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall—
- (g) Counter-sUAS strategic plan
- The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include—
- measures to coordinate the various counter-sUAS efforts of the Department to ensure cohesion among such efforts;
- guidance for counter-sUAS related investment and manpower decisions across the Department, including necessary science and technology investments; and
- performance measures, goals, and lines of effort required to achieve the strategic objectives of the plan.
- Not later than 120 days after the date on which the Office commences operations, the Director shall complete and submit to the congressional defense committees the initial strategic plan developed under paragraph (1).
- Not less frequently than once every two years after completion of the initial strategic plan under paragraph (2), the Director shall—
- update the plan; and
- submit the updated plan to the congressional defense committees.
- Following completion of each version of the strategic plan under this subsection, each commander of a geographic combatant command shall develop an implementation plan to guide the combatant command overseen by that commander in achieving the vision, mission, goals, and performance measures of the strategic plan.
- The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include—
- (h) Annual reports
- On an annual basis, the Director shall submit to the congressional defense committees a report that includes—
- a summary of the activities of the Office over the period covered by the report, including a description of—
- the progress of the Office in carrying out the requirements of this section; and
- the metrics used to measure such progress; and
- a summary of the expenditures made by the Office in the period covered by the report for counter-sUAS related research, development, test, and evaluation, procurement, and sustainment activities.
- a summary of the activities of the Office over the period covered by the report, including a description of—
- On an annual basis, the Director shall submit to the congressional defense committees a report that includes—
- (i) Definitions
- In this section:
- The term means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system.
counter-sUAS system - The term means the Army, Navy, Air Force, Marine Corps, and Space Force.
covered armed forces - The terms , , and have the meanings given those terms in section 44801 of title 49.
smallunmanned aircraft``unmanned aircraft system
- The term means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system.
- In this section:
- (a) Establishment
- Subchapter I of of title 10, United States Code, is amended by adding at the end the following new section: chapter 8
- (b) Strategy and funding plan
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- a strategy to ensure the Joint Counter-Unmanned Aircraft Systems Office has the funding and other resources necessary to execute its responsibilities, as required under section 199 of title 10, United States Code (as added by subsection (a)); and
- a plan for funding the Office across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the report).
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
Sec. 913. Authority to establish regional outreach centers for the Defense Innovation Unit.
Section 4127 of title 10, United States Code, is amended—
- by redesignating subsection (f) as subsection (g); and
- (f) Regional outreach centers
- (1) In general
- The Director may establish and maintain regional offices of the Unit at locations within and outside the United States for purposes of conducting outreach to and streamlining interactions between the Unit and the private sector, academia, and other mission partners.
- (2) Selection criteria and other guidance
- In the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall—
- develop a strategy and criteria for the selection of locations for such offices;
- issue any rules, regulations, policies, or guidance necessary for the operation of such offices; and
- make the information described in subparagraphs (A) and (B) available on a publicly accessible website of the Department of Defense.
- In the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall—
- (1) In general
- (f) Regional outreach centers
- by inserting after subsection (e) the following new subsection:
Sec. 914. Oversight of the United States Africa Command.
- (a) Limitation
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and all other information required under subsection (c) with respect to such action.
- (b) Actions described
- The actions described in this subsection are the following:
- Modifying or combining the responsibilities of the Commander of the United States Africa Command, as set forth in of title 10, United States Code, with those of any other commander designated under such authority. chapter 6
- Appointing an officer in a grade below O-10 to serve as the Commander of the United States Africa Command.
- Reducing the total number of personnel assigned to the United States Africa Command by a number that is greater than 15 percent of such total number so assigned as of June 1, 2025.
- Divesting, consolidating, or otherwise returning to a host country any sites included in the real property inventory of the United States Africa Command as of June 1, 2025.
- The actions described in this subsection are the following:
- (c) Certification and other information required
- The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
- A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with African, European, and other international partners on shared security objectives in Africa and its surrounding waters.
- An analysis of the impact of such action on—
- the security of the United States;
- the threat of transnational terrorism in or emanating from Africa, especially groups with the capability or intent to attack the United States homeland or United States citizens, interests, or allies or partners;
- the opportunities available to the People’s Republic of China to pursue their strategic objectives on the African continent and surrounding areas, including their pursuit of additional military ports and bases to threaten the Atlantic Ocean and impact homeland defense;
- the military activities of the Russian Federation and Russian-sponsored private military companies on the African continent and in surrounding areas;
- the ability of the Armed Forces to execute supporting operations for campaign plans against adversaries deemed a priority in the National Defense Strategy;
- the ability of the Armed Forces to execute contingency and other operational plans of the Department of Defense, including in support of operations and crisis response and other operations;
- the ability of the United States to maintain access in Africa and its surrounding waters, including to protect the freedom of navigation;
- military training and major military exercises, including on interoperability, security cooperation, and joint activities with African allies and partners;
- United States deterrence of potential threats from the People’s Republic of China; and
- United States deterrence and defense posture in the African theater and the homeland.
- A detailed analysis of the costs for relocation of personnel, equipment, and associated infrastructure.
- A description of consultations regarding such action with each relevant ally or partner including those on the African continent, in the Middle East, and in Europe.
- Independent risk assessments prepared by the Commander of the United States Africa Command, the Chairman of the Joint Chiefs of Staff, and any other combatant commander that may be affected by such action, of—
- the impact of such action on the security of the United States and the ability of the Armed Forces to defend the homeland forward;
- the impact of such action on the ability of the Armed Forces to execute campaign and contingency plans of the Department of Defense, including in support of operations outside the area of responsibility of the United States Africa Command; and
- the impact of such action on military training and major military exercises, including on interoperability and joint activities with regional allies and partners.
- The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
- (d) Consultation
- In preparing the certification and other information required under subsection (c), the Secretary of Defense shall consult with the Commander of the United States Africa Command and the commander of any other geographic combatant command expected to be affected by an action described in subsection (b).
- (e) Form
- (1) Certification
- The certification required by subsection (c)(1) shall be submitted in unclassified form.
- (2) Other information
- The information described in paragraphs (2) through (5) of subsection (c) may be submitted in classified form.
- (3) Special rule for independent risk assessments
- Each independent risk assessment required by subsection (c)(5) shall be submitted in unaltered format.
- (1) Certification
Sec. 915. 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.
- (a) In general
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to restructure the Joint Munitions Command and the Army Sustainment Command (referred to in this section collectively as the ) until the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the proposed plan of the Secretary to integrate the
Commands.
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to restructure the Joint Munitions Command and the Army Sustainment Command (referred to in this section collectively as the ) until the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the proposed plan of the Secretary to integrate the
- (b) Elements
- The report required by subsection (a) shall include the following:
- A detailed comparison of the old organizational structures of the Commands compared with the proposed new integration construct for such organizational structures, including any changes to reporting chains, leadership roles, and workforce.
- The planned timeline for implementation of such integration.
- Any plans for changing the numbers, duty locations, or responsibilities of personnel under the Commands.
- A mission justification for the proposed integration.
- An assessment of the short-term and long-term impacts of the proposed integration on the readiness of the Army and the Department of Defense to conduct the missions of the Commands and the plan of the Army for mitigating those impacts.
- The report required by subsection (a) shall include the following:
Sec. 916. Limitation on authority to reduce in rank the billets of the commanding officers of certain military installations of the Air Force.
- (a) Limitation
- The Secretary of the Air Force may not reduce the rank of the billet of the commanding officer of a military installation, described in subsection (b), below O-7, until 90 days after such Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (c).
- (b) Military installation described
- A military installation described in this subsection—
- is the home station of more than one wing of the Air Force, regardless of component;
- is a training site for pilots of an armed force of an ally or partner country; and
- contains a national test and training range.
- A military installation described in this subsection—
- (c) Report
- A report described in this subsection shall include an explanation of how the Secretary decided to make a reduction described in subsection (a), taking into consideration—
- cost, workload, and workforce requirements; and
- operational effect.
- A report described in this subsection shall include an explanation of how the Secretary decided to make a reduction described in subsection (a), taking into consideration—
Sec. 917. Determination of lead organization responsible for approval and validation of certain unmanned aircraft systems and components.
- (a) Determination required
- The Secretary of Defense shall determine—
- whether the Defense Innovation Unit should continue to be the organization within the Department of Defense with primary responsibility for the execution of the Blue UAS Cleared List and the Blue UAS Framework (collectively referred to in this section as the ); or
Blue UAS Initiatives - whether another organization within the Department should assume primary responsibility for executing the Blue UAS Initiatives.
- whether the Defense Innovation Unit should continue to be the organization within the Department of Defense with primary responsibility for the execution of the Blue UAS Cleared List and the Blue UAS Framework (collectively referred to in this section as the ); or
- The Secretary of Defense shall determine—
- (b) Additional requirements
- In making the determination required under subsection (a), the Secretary of Defense shall—
- conduct a thorough analysis of the Blue UAS Initiatives as executed by the Defense Innovation Unit at the time of the determination;
- assess whether the Unit, as of the time of the determination, has adequate resources and capabilities (including personnel, funding, and authorities) to effectively scale and execute the Initiatives across the Department of Defense; and
- identify one or more other organizations within the Department of Defense that could more effectively scale and execute the Initiatives across the Department.
- In making the determination required under subsection (a), the Secretary of Defense shall—
- (c) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- the Secretary’s final determination under subsection (a);
- (2)
- in the event the Secretary determines that the Defense Innovation Unit should continue to have primary responsibility for the Blue UAS Initiatives as described in subsection (a)(1), a strategy for providing the Unit with any additional resources (including funding, personnel, and authorities) needed for the Unit to effectively execute and scale the Initiatives across the Department of Defense; or
- in the event the Secretary determines that another organization within the Department should assume primary responsibility administering and executing the Initiatives as described in subsection (a)(2), a plan with milestones for transferring the Initiatives (including all associated funding, personnel, and authorities) from the Unit to such other organization; and
- a strategy for decreasing unit costs for platforms under the Initiatives, including—
- benchmarks to assess progress in reducing the cost of secure unmanned aircraft system end products; and
- a timeline for meeting such cost reduction goals.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
- (d) Implementation
- Following the submittal of the report required under subsection (c), the Secretary of Defense shall commence implementation of the resourcing strategy described in subsection (c)(2)(A) or the transfer plan described in subsection (c)(2)(B) (as the case may be).
- (e) Definitions
- In this section:
- The term means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit maintains a list of approved small unmanned aircraft systems that—
Blue UAS Cleared List - The term means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit validates unmanned aircraft system components, subcomponents, modules, and software for use by the Department of Defense.
Blue UAS Framework
- The term means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit maintains a list of approved small unmanned aircraft systems that—
- In this section:
Sec. 918. Department of Defense advisory subcommittee to review technologies, processes, and investment related to combined joint all-domain command and control.
- (a) Establishment
- The Secretary of Defense may establish a subcommittee (referred to in this section as the ) under the board of advisors established pursuant to section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note) to review technologies to achieve combined joint all-domain command and control.
SubcommitteePublic Law 116–283; 10 U.S.C. 4001
- The Secretary of Defense may establish a subcommittee (referred to in this section as the ) under the board of advisors established pursuant to section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note) to review technologies to achieve combined joint all-domain command and control.
- (b) Members
- The Subcommittee shall consist of a subset of the members of the board of advisors described in subsection (a).
- (c) Areas of review
- The Subcommittee may review:
- Processes for integrating joint effects chains to support priority operational challenges.
- Data architectures, including potential roles for artificial intelligence and machine learning technologies.
- Methods for achieving a platform-agnostic joint common operating picture through data accessibility, interoperability, and integration into combatant command workflows, to assist the incorporation of commercial communications technologies.
- Networking technologies, including potential roles for artificial intelligence and machine learning.
- Enterprise and edge cloud technologies.
- Interoperability technologies, including software programs like the System-of-Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (commonly referred to as ).
STITCHES - Interoperability technologies to integrate vehicles out of the Replicator project with relevant battle networks.
- Any other matters determined relevant by the Secretary of Defense.
- The Subcommittee may review:
- (d) Termination
- The Subcommittee shall terminate on December 31, 2029.
Title X—General Provisions
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
- (a) Authority to transfer authorizations
- (1) Authority
- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2026 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
- (2) Limitation
- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.
- (3) Exception for transfers between military personnel authorizations
- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
- (1) Authority
- (b) Limitations
- The authority provided by subsection (a) to transfer authorizations—
- may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
- may not be used to provide authority for an item that has been denied authorization by Congress.
- The authority provided by subsection (a) to transfer authorizations—
- (c) Effect on authorization amounts
- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
- (d) Notice to Congress
- The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Sec. 1002. Responsibilities of Under Secretary of Defense (Comptroller).
Section 135(c)(3)(B) of title 10, United States Code, is amended by inserting after .
Sec. 1003. Additional elements for Department of Defense Financial Improvement and Audit Remediation Plan and report.
- (a) Additional elements for plan
- Subsection (a)(2)(A) of section 240b of title 10, United States Code, is amended—
- in clause (iv), by striking at the end;
and- (vi) meeting resource requirements, including personnel, training, and information technology infrastructure; and
- (vii) identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and independent third-party validation benchmarks.
- by adding at the end the following new clauses:
- in clause (iv), by striking at the end;
- Subsection (a)(2)(A) of section 240b of title 10, United States Code, is amended—
- (b) Additional elements for report
- Subsection (b)(1)(B) of such section is amended by adding at the end the following new clauses:
- (ix) A description of progress made with respect to audit-related system modernization efforts, including rationalization of business systems.
- (x) The number and scope of automated processes implemented, including reconciliation, inventory validation, and internal controls.
- Subsection (b)(1)(B) of such section is amended by adding at the end the following new clauses:
Sec. 1004. Consolidation of reporting requirements relating to Department of Defense financial improvement and audit remediation plan.
- (a) Financial improvement and audit remediation plan
- Section 240b(b) of title 10, United States Code, as amended by section 1003(b), is further amended—
- (ix) A detailed estimate of the funding required for the next fiscal year to procure, obtain, or otherwise implement each process, system, and technology identified to address the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, for purposes of this chapter during such fiscal year.
- in paragraph (1)(B), by adding at the end the following new clause:
- The January 31 briefing under subparagraph (A) shall include a ranking of all of the military departments and Defense Agencies in order of how advanced each is in achieving auditable financial statements, as required by law.
- in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph (B):
- by redesignating paragraph (3) as paragraph (4);
- (3) Annual report by bottom quartile
- Not later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
- A description of the material weaknesses of the military department or Defense Agency.
- The underlying causes of such weaknesses.
- A plan for remediating such weaknesses.
- The total number of open audit notices of findings and recommendations (in this paragraph referred to as ) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable.
NFRs - The number of repeat or reissued NFRs from the most recently concluded fiscal year.
- The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open.
- The number of closed NFRs during the current fiscal year and prior fiscal years.
- The number of material weaknesses that were validated by external auditors as fully resolved or downgraded during the current fiscal year relative to prior fiscal years.
- A breakdown, by fiscal year, of which open NFRs are forecasted to be closed.
- Explanations for any unfavorable trends in the information included under paragraphs (1) through (9).
- Not later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
- (3) Annual report by bottom quartile
- by inserting after paragraph (2) the following new paragraph (3):
- in paragraph (4), as redesignated by paragraph (3) of this subsection, by striking and inserting .
- Section 240b(b) of title 10, United States Code, as amended by section 1003(b), is further amended—
- (b) Annual reports on funding for corrective action plans
- Section 1009 of the National Defense Authorization Act for Fiscal Year 2020 (; note) is amended by striking subsection (c). Public Law 116–92; 10 U.S.C. 240b
- (c) Annual report on auditable financial statements
- Title 10, United States Code, is amended by striking section 240h.
Sec. 1005. Concurrent reporting date for annual update to Defense Business Systems Audit Remediation Plan and Department of Defense annual financial statements.
Section 240g(b) of title 10, United States Code, is amended to read as follows:
- (b) Annual report
- On the same date as the date of the submission of the audited financial statements of the Department of Defense required pursuant to section 240a of this title each year, the Secretary of Defense shall submit to the congressional defense committees an updated annual report on the Defense Business Systems Audit Remediation Plan under subsection (a).
Sec. 1006. Limitation on availability of funds for travel expenses of Office of Secretary of Defense until completion of certain audit requirements.
- (a) Limitation
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the earlier of the following:
- The first date on which at least eleven covered reporting entities have received an unmodified audit opinion with respect to the financial statements of that entity undergoing audit for the preceding fiscal year.
- The date on which a Department of Defense-wide material weakness identified in the annual report on the implementation of the Financial Improvement and Audit Remediation Plan required under section 240b of title 10, United States Code, for fiscal year 2024, is closed or otherwise resolved in a manner other than through consolidation.
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the earlier of the following:
- (b) Covered reporting entity defined
- In this section, the term
covered reporting entity,government-wide reporting entityhas the meaning given the term in the document of the Federal Accounting Standards Advisory Board titled and issued December 30, 2014, or such successor document. In this section, the term has the meaning given the term in the document of the Federal Accounting Standards Advisory Board titled and issued December 30, 2014, or such successor document.Statement of Federal Financial Accounting Standards 47: Reporting Entity
- In this section, the term
Sec. 1007. Reporting requirements for amounts made available pursuant to title II of .
- Reporting requirements for amounts made available pursuant to title II of
- (a) Annual reports
- At the time of the submittal to Congress of the budget of the President for each of fiscal years 2027 through 2029 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate the following with respect to amounts made available by title II of : Public Law 119–21
- Proposed allocations by account and by program, project, or activity, with detailed justifications.
- P–1 and R–1 budget justification documents, which shall identify the allocation of funds by program, project, and activity.
- Budget justification documents, to be known as M–1 and O–1, which shall identify the allocation of funds by budget activity, activity group, and sub-activity group.
- At the time of the submittal to Congress of the budget of the President for each of fiscal years 2027 through 2029 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate the following with respect to amounts made available by title II of : Public Law 119–21
- (b) Quarterly reports
- The Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded using amounts described in subsection (a), including all uncommitted, committed, and unobligated funds.
Subtitle B—Naval Vessels
Sec. 1011. Inclusion of certain design information in annual naval vessel construction plans.
Section 231(b) of title 10, United States Code, is amended—
- by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and
- If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)—
- (i) an identification of each such foreign firm; and
- (ii) a description of the benefit to the United States Government of including in such force the naval vessels so designed.
- If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)—
- by inserting after subparagraph (G) the following new subparagraph:
Sec. 1012. Limitation on use of funds in the National Defense Sealift Fund to purchase certain used foreign constructed vessels.
- (a) In general
- Section 2218 of title 10, United States Code, is amended—
- in subsection (f)—
- in paragraph (3)—
- (i) in subparagraph (A), by inserting after ;
- (ii) in subparagraph (B), by inserting after ;
- (iii) by striking subparagraph (C) and inserting the following new subparagraph (C):
- The Secretary may only use the authority under this paragraph to purchase more than 10 foreign-constructed vessels if, for each such vessel so purchased after the tenth vessel, the Secretary purchases two vessels under paragraph (4).
- (iv) in subsection (D), by striking
subparagraph (A)and insertingthis paragraph; - (v) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
- A vessel purchased under this paragraph is a vessel—
- purchased using funds in the National Defense Sealift Fund
- constructed in a ship yard located in the United States; and
- the construction of which is managed by a commercial vessel construction manager.
- A vessel purchased under this paragraph is a vessel—
- by adding at the end the following new paragraph (4):
- in paragraph (3)—
- in subsection (k), by adding at the end the following new paragraph:
- The term
excluded vesselmeans a vessel that was—- constructed or substantially modified by an entity located in the People’s Republic of China; or
- constructed by a Chinese military company, as such term is defined in section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note). Public Law 116–283; 10 U.S.C. 113
- The term
- in subsection (f)—
- Section 2218 of title 10, United States Code, is amended—
- (b) Technical corrections
- Section 2218 of title 10, United States Code, as amended by subsection (a), is further amended—
- in subsection (c)(1)(D), by striking and inserting ;
- in subsection (f)(2), by striking and inserting ;
- in subsection (k)—
- in paragraph (2)(A), by striking and inserting ; and
- in paragraph (3)(B), by striking and inserting .
- Section 2218 of title 10, United States Code, as amended by subsection (a), is further amended—
Sec. 1013. Requirements for amphibious warfare ship force structure.
Section 8062 of title 10, United States Code, is amended—
- in subsection (e)—
- in paragraph (2), by striking
andat the end; - in paragraph (3), by striking the period and inserting
; and; and- the Navy adjusts scheduled maintenance and repair actions to maintain the minimum number of available amphibious warfare ships to meet operational requirements.
- by adding at the end the following new paragraph:
- (h) Definitions
- In this section:
- The term
amphibious warfare shipmeans a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD). - The term , with respect to an amphibious warfare ship, means that the ship—
available
- The term
- In this section:
- in paragraph (2), by striking
- by amending subsection (h) to read as follows:
Sec. 1014. Definition of short-term work for purposes of Navy construction of combatant and escort vessels and assignment of vessel projects.
Section 8669a(c)(4) of title 10, United States Code, is amended by striking 12 monthsand inserting 18 months.
Sec. 1015. Navy Senior Technical Authority.
Section 8669b of title 10, United States Code, is amended—
- reports directly to the program executive officer.
- in subsection (a)(2), by amending subparagraph (B) to read as follows:
- in subsection (b)—
- by inserting before ; and
- Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved.
- by adding at the end the following new paragraph:
- by inserting before ; and
Sec. 1016. Alternative contracting authority for United States Naval Ships.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 863
- (a) Authority
- The Secretary of the Navy may enter into an agreement with an appropriate vessel construction manager, other than the Department of the Navy, under which the vessel construction manager shall enter into a contract for the construction of a vessel to be designated as a United States Naval Ship and operated by civilian or commercial mariners.
- (b) Design standards and construction practices
- To the maximum extent practicable, the Secretary of the Navy shall ensure that a vessel constructed pursuant to this section is constructed using commercial design standards and commercial construction practices.
Sec. 1017. Inclusion of Navy amphibious ship maintenance as a separate line item in operation and maintenance budget.
- (a) In general
- The budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027 and each subsequent fiscal year, shall display Navy amphibious ship maintenance as one or more separate line items under each subactivity within operation and maintenance, Navy.
- (b) Allocation of fiscal year 2026 funds
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Navy for ship maintenance, the Secretary of the Navy shall ensure that such funds are allocated to provide, on a per capita basis, an equal or greater amount of funding for each amphibious warfare ship that enters into maintenance availability during fiscal year 2026 relative to the amount of funding provided for each surface combatant ship.
- (c) Definitions
- In this section:
- The term —
amphibious warfare ship - The term —
surface combatant ship
- The term —
- In this section:
Sec. 1018. Metrics for basic and functional design for ship construction.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall select a metric to measure the progression of basic and functional design with respect to the construction of ships.
- (b) Report
- Not later than 45 days after the selection of a metric under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report on such metric that includes the justification for the selection of the metric.
- (c) Basic and functional design
- In this section, the term
basic and functional designhas the meaning given such term in section 8669c(1) of title 10, United States Code.
- In this section, the term
Sec. 1019. Authority for single award indefinite delivery indefinite quantity contract for destroyer maintenance.
The Secretary of the Navy shall seek to enter into a multi-year, single award indefinite delivery indefinite quantity contract to provide for the maintenance of the DDG–1000 class of destroyers.
Sec. 1020. Evaluation of sites for shipbuilding and ship repair.
- (a) Evaluation of sites
- (1) Responsibility
- Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall delegate to the Direct Reporting Program Manager of the Maritime Industrial Base Program primary responsibility for defining the requirements for evaluating sites to meet the capacity and needs of the Navy for shipbuilding and repair.
- (2) Evaluation requirements
- Not later than 180 days after the date on which the Secretary delegates to the Program Manager under paragraph (1), the Program Manager shall establish evaluation requirements to be applied to sites being considered as sites for private or public shipyards and other defense-production capabilities. In establishing such requirements, the Program Manager shall consider—
- the objective of accelerating United States shipbuilding efforts in both naval and civilian fleets;
- how establishing or augmenting a site at an evaluated site could help meet Navy shipbuilding and ship repair requirements;
- whether a single site, smaller and more dispersed sites, or both would be optimal for augmenting shipbuilding and ship repair;
- whether the best approach to meeting the timeline and capacity requirements for shipbuilding and ship repair would be constructing new sites, using existing infrastructure, or both; and
- whether a site meets the criteria under subsection (b).
- Not later than 180 days after the date on which the Secretary delegates to the Program Manager under paragraph (1), the Program Manager shall establish evaluation requirements to be applied to sites being considered as sites for private or public shipyards and other defense-production capabilities. In establishing such requirements, the Program Manager shall consider—
- (1) Responsibility
- (b) Criteria
- The criteria under this subsection with respect to a site are that the site—
- has the amount of space necessary to meet Navy requirements;
- has adequate transportation infrastructure, such as road and rail access, or that such infrastructure can reasonably be provided at the site;
- has a readily available technical and manual skilled workforce for naval and commercial ship building, ship repair, and advanced manufacturing activities;
- is geographically close to local institutions that can facilitate workforce development, including higher education and technical training and apprenticeships;
- has private partners that are interested and able to undertake the development of a shipyard at the site;
- possesses deep water construction and draft capabilities, as required by the Navy, to construct or repair vessels identified in Navy shipbuilding and ship repair requirements;
- is in close proximity to existing Department facilities and personnel; and
- such other criteria as the Program Manager determines appropriate.
- The criteria under this subsection with respect to a site are that the site—
- (c) Report
- Not later than one year after the date on which the Program Manager establishes the evaluation requirements under subsection (b), the Program Manager shall submit to the congressional defense committees a report that includes—
- a list of sites that meet the evaluation requirements; or
- a certification that no site exists that meets such requirements.
- Not later than one year after the date on which the Program Manager establishes the evaluation requirements under subsection (b), the Program Manager shall submit to the congressional defense committees a report that includes—
Sec. 1021. Limitation on use of funds to retire or decommission Navy oceanographic research vessels.
The Secretary of the Navy may not retire or decommission an oceanographic research vessel, or otherwise reduce the number of such vessels maintained by the Navy to fewer than six, before the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a plan to provide for the maintenance and recapitalization of the oceanographic research fleet.
Sec. 1022. Sense of Congress regarding naming of vessel for Battle of Dai Do.
It is the sense of Congress that the Secretary of the Navy should name an amphibious or expeditionary class vessel for the Battle of Dai Do.
Subtitle C—Counterterrorism
Sec. 1031. Revisions to Department of Defense authority for joint task forces to support law enforcement agencies or Federal agencies conducting counterterrorism and counter transnational organized crime activities.
- (a) Codification in title 10
- of title 10, United States Code, is amended by adding at the end a new section consisting of— Chapter 15
- a heading as follows:
- a text consisting of the text of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (; note). Public Law 108–136; 10 U.S.C. 271
- of title 10, United States Code, is amended by adding at the end a new section consisting of— Chapter 15
- (b) Revisions
- Section 285 of title 10, United States Code, as added by subsection (a), is amended as follows:
- Subsection (a) is amended by inserting after each place it appears.
- Subsection (b) is amended by striking
During fiscal years 2006 through 2024, fundsand insertingFunds. - Such section is further amended—
- in subsection (d)(2), by striking
this subparagraphand insertingthis paragraph; and - in subsection (e)(1), by striking
title 10, United States Codeand insertingthis title.
- in subsection (d)(2), by striking
- Section 285 of title 10, United States Code, as added by subsection (a), is amended as follows:
- (c) Repeal of codified provision
- Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (; note) is repealed. Public Law 108–136; 10 U.S.C. 271
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.
Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; 132 Stat. 1953) is amended by striking December 31, 2025and inserting December 31, 2026. Public Law 115–232
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.
Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; 132 Stat. 1954) is amended by striking December 31, 2025and inserting December 31, 2026. Public Law 115–232
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.
Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; 132 Stat. 1954) is amended by striking December 31, 2025and inserting December 31, 2026. Public Law 115–232
Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (; 131 Stat. 1551) is amended by striking fiscal years 2018 through 2025and inserting fiscal years 2018 through 2026. Public Law 115–91
Subtitle D—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.
Section 408 of title 10, United States Code, is amended—
- in subsection (a), by inserting after ; and
- in subsection (d)(1), by striking
$5,000,000and insertinginserting5,000,000.
Sec. 1042. Expedited access to certain military installations of the Department of Defense for Members of Congress and certain Congressional employees.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 159
- (a) In general
- Except as provided in subsection (b), the Secretary shall establish procedures to ensure that—
- a Member of Congress seeking access to a covered installation is granted such access if such Member presents a covered identification card; and
- any Congressional employees accompanying a Member of Congress granted access under paragraph (1) are granted the same access.
- Except as provided in subsection (b), the Secretary shall establish procedures to ensure that—
- (b) Prohibited procedures
- Under such procedures, the Secretary may not require a Member of Congress to schedule a grant of access to a covered installation under subsection (a) prior to the arrival of such Member and accompanying Congressional employees, if applicable, at such covered installation.
- (c) Definitions
- In this section:
- The term
Congressional employeehas the meaning given such term in paragraph (5) of section 2107 of title 5. - The term
covered identification cardmeans a valid identification badge issued by the appropriate office of the House of Representatives or the Senate, as the case may be, which identifies the individual to which such identification badge was issued as a current Member of Congress. - The term
covered installationmeans a military installation located in the United States or Guam at which the presentation of an issued Department of Defense common access card is the sole requirement for a member of the Armed Forces to be granted access to such military installation. - The term
Member of Congressmeans—
- The term
- In this section:
Sec. 1043. Authority of Secretary of Defense to enter into contracts to provide certain assistance to secure the southern land border of the United States.
Section 1059(a) of the National Defense Authorization Act for Fiscal Year 2016 ( note; ) is amended— 10 U.S.C. 284; Public Law 114–92
- in paragraph (1)(A), by striking
United States Customs and Border Protectionand insertingU.S. Customs and Border Protection; - by redesignating paragraph (2) as paragraph (3); and
- (2) Contract authority
- In providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services:
- Detection and monitoring.
- Warehousing and logistical supply chain.
- Transportation.
- Vehicle maintenance.
- Training other than lead or primary instructor.
- Intelligence analysis.
- Linguist.
- Data entry.
- Aviation.
- In providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services:
- (2) Contract authority
- by inserting after paragraph (1) the following new paragraph:
Sec. 1044. Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program.
None of the funds authorized to be appropriated or otherwise made available by this Act may be used to relocate or otherwise remove the Maritime Industrial Base Program from under the jurisdiction of the Assistant Secretary of the Navy for Research, Development, and Acquisition.
Sec. 1045. Limitation on retirement of Gray Eagle unmanned aircraft systems.
- (a) Prohibition
- Except as provided in subsection (b), the Secretary of the Army may not retire, divest, or otherwise take any action that would—
- reduce the number, configuration, or capability of any MQ–1C Gray Eagle Extended Range unmanned aircraft system that is in the Army inventory as of the date of the enactment of this Act; or
- prevent the Army from maintaining such systems in the current or improved configurations and capabilities of such systems.
- Except as provided in subsection (b), the Secretary of the Army may not retire, divest, or otherwise take any action that would—
- (b) Exception
- The prohibition under subsection (a) shall not apply if the Chairman of the Joint Requirements Oversight Council submits to the appropriate congressional committees a written certification that—
- a capability of equal or greater effectiveness will be fielded and operational prior to, or concurrently with, the retirement of any MQ–1C Gray Eagle unmanned aircraft system; and
- such retirement will not result in a reduction in the overall capacity available to the commanders of the combatant commands.
- The prohibition under subsection (a) shall not apply if the Chairman of the Joint Requirements Oversight Council submits to the appropriate congressional committees a written certification that—
- (c) Appropriate congressional committees defined
- In this section, the term
appropriate congressional committeesmeans—- the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code); and
- the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ()). 50 U.S.C. 3003
- In this section, the term
Sec. 1046. Oversight of the United States Southern Command.
- (a) Limitation
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and analysis required under subsection (c) with respect to such action.
- (b) Actions described
- The actions described in this subsection are the following:
- Modifying or combining the responsibilities of the Commander of the United States Southern Command, as set forth in of title 10, United States Code, with those of any other commander designated under such authority. chapter 6
- Appointing an officer in a grade below O–10 to serve as the Commander of the United States Southern Command.
- The actions described in this subsection are the following:
- (c) Certification and analysis required
- The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
- A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with Central American, South American, and other international partners on shared security objectives in the Western Hemisphere and its surrounding waters.
- An analysis of the effect of such action on the security of the United States.
- The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
- (d) Consultation
- In preparing the certification and analysis required under subsection (c) with respect to an action described in subsection (b), the Secretary of Defense shall consult with the Commander of the United States Southern Command and the commander of any other geographic combatant command expected to be affected by the action.
- (e) Form
- (1) Certification
- The certification required by subsection (c)(1) shall be submitted in unclassified form.
- (2) Analysis
- The analysis described in subsection (c)(2) may be submitted in classified form.
- (1) Certification
Sec. 1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical Group.
- (a) Transfer of authority T–37
- The Secretary of the Air Force may convey, without consideration, to the Arizona Aviation Historical Group, Phoenix, Arizona (in this section referred to as the ), all right, title, and interest of the United States in and to five retired T–37B Trainer Aircraft. A conveyance under this section shall be made by means of a conditional deed of gift.
foundation
- The Secretary of the Air Force may convey, without consideration, to the Arizona Aviation Historical Group, Phoenix, Arizona (in this section referred to as the ), all right, title, and interest of the United States in and to five retired T–37B Trainer Aircraft. A conveyance under this section shall be made by means of a conditional deed of gift.
- (b) Conditions of transfer
- A conveyance authorized under subsection (a) shall be subject to the following conditions:
- Prior to conveyance, all military specific or unique equipment, as determined by the Secretary, on the aircraft shall be removed.
- The Secretary is not required to—
- repair or alter the condition of the aircraft before conveying ownership; or
- guarantee or ensure the airworthiness of any conveyed aircraft.
- The Secretary shall determine which aircraft to convey.
- A conveyance authorized under subsection (a) shall be subject to the following conditions:
- (c) Condition of property
- Any aircraft conveyed under this section shall be conveyed in condition. The Secretary shall make no representation or warranty concerning the condition, fitness for any particular purpose, or compliance with any laws or regulations of such aircraft.
as is
- Any aircraft conveyed under this section shall be conveyed in condition. The Secretary shall make no representation or warranty concerning the condition, fitness for any particular purpose, or compliance with any laws or regulations of such aircraft.
- (d) Reverter upon breach of conditions
- The Secretary shall include in an instrument of conveyance for an aircraft conveyed under this section—
- a condition that the foundation does not convey any ownership interest in, or transfer possession of, the aircraft to another party without the prior approval of the Secretary;
- a condition that the foundation operate and maintain the aircraft in compliance with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration; and
- a condition that if the Secretary determines at any time that the foundation has violated a condition under paragraph (1) or (2), all right, title, and interest in and to the aircraft, including any repair or alteration of the aircraft, shall revert to the United States, and the United States shall have the right of immediate possession of the aircraft.
- The Secretary shall include in an instrument of conveyance for an aircraft conveyed under this section—
- (e) Conveyance at no cost to the United States
- Any conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such a conveyance, including the costs of inspection or removal of equipment prior to conveyance, the cost of determining compliance with the requirements of this section and any instrument of conveyance made pursuant to this section, and the costs of the operation, sustainment, transportation, ground support equipment, and disposal of any aircraft conveyed under this section shall be borne by the foundation.
- (f) Additional terms and conditions
- The Secretary may require such additional terms and conditions in connection with a conveyance made under this section as the Secretary considers appropriate to protect the interests of the United States.
- (g) Clarification of liability
- Notwithstanding any other provision of law, upon the conveyance of ownership of the T–37B Trainers to the foundation under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft by any person other than the United States.
Sec. 1048. Authorization of Eastern Regional Range Complex for multi-domain operations and robotic autonomous systems training, testing, and experimentation.
- (a) Authorization
- The Secretary of Defense, acting through the Secretaries of the military departments, may designate and develop an Eastern Regional Range Complex to serve as a joint training, testing, and experimentation hub for multi-domain operations and robotic autonomous systems, including unmanned aircraft systems and counter-unmanned aircraft systems capabilities, to address growing threats from potential adversaries.
- (b) Location
- The Eastern Regional Range Complex shall encompass the territories of the States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Delaware, Maryland, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Kentucky, Tennessee, Arkansas, Mississippi, Indiana, and Alabama.
- (c) Activities
- The Eastern Regional Range Complex shall be used—
- to conduct joint, multi-domain, non-kinetic electromagnetic warfare, cyber and information operations training within live, virtual, and constructive environments, leveraging common networks with access to available spectrum;
- support integrated multi-domain operations training involving air, land, sea, cyber, and space components;
- conduct joint service and interagency robotic autonomous system training, experimentation and testing, including the development of tactics, techniques and procedures for unmanned aircraft systems and counter-unmanned aircraft systems;
- evaluate emerging technologies and prototypes and tactics, techniques and procedures for the operation, detection, defeat, and attribution of robotic autonomous systems in contested cyber and electromagnetic spectrum environments; and
- facilitate the integration of mature prototype experimentation and live-fire exercises for rapid fielding of capabilities aligned with the Joint Warfighting Concept.
- The Eastern Regional Range Complex shall be used—
- (d) Coordination and integration
- The Secretary of Defense shall ensure that activities conducted at the Eastern Regional Range Complex are coordinated with—
- the Joint Counter-small Unmanned Aircraft Systems Office.
- the Joint Staff (J–7);
- the Office of the Under Secretary of Defense for Research and Engineering; and
- other entities with functions or missions relevant to the activities carried out at the Complex, which may include—
- relevant combatant commands and service components:
- allies and partners of the United States participating in multi-domain operations;
- the Defense Innovation Unit;
- State National Guard commands;
- the Office of Naval Research; and
- such other key stakeholders as the Secretary determines appropriate.
- The Secretary of Defense shall ensure that activities conducted at the Eastern Regional Range Complex are coordinated with—
- (e) Infrastructure and other resources
- The Secretary of Defense may—
- carry out military construction, infrastructure improvements, and technology installation, as necessary, to facilitate the activities described in subsection (b), including through the provision of range instrumentation, telemetry, cyber range integration, and electromagnetic spectrum operations support; and
- consult with the Federal Communications Commission and the National Telecommunications and Information Administration to recommend spectrum access requirements in support of joint and service training, testing, and experimentation within the Eastern Regional Range Complex and the Western Regional Range Complex, including access to appropriate live environments capable of supporting electromagnetic attack training, experimentation, and testing.
- The Secretary of Defense may—
Sec. 1049. Prohibition on availability of funds for institutions of higher education that allow antisemitic demonstrations.
- (a) In general
- None of the funds authorized to be appropriated or otherwise made available for fiscal year 2026 for the Department of Defense may be provided to an institution of higher education if—
- an antisemitic demonstration has occurred on the campus of the institution; and
- the administration of the institution has failed to take action to mitigate and prevent further antisemitic demonstrations.
- None of the funds authorized to be appropriated or otherwise made available for fiscal year 2026 for the Department of Defense may be provided to an institution of higher education if—
- (b) Definitions
- In this section:
- The term
antisemitic demonstrationmeans any public display of antisemitism. - The term
antisemitismmeans a certain perception of Jews, which may be expressed as hatred toward Jews, including rhetorical and physical manifestations directed toward individuals or their property, community institutions, or religious facilities.
- The term
- In this section:
Sec. 1050. Limitation on use of funds pending certification of compliance with certain congressional notice requirements.
- (a) Limitation
- Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy for travel, not more than 90 percent may be obligated or expended until the Secretary of Defense certifies to the congressional defense committees that the Department of Defense is compliant with the requirements of section 1067 of the National Defense Authorization Act for Fiscal Year 2025 (; note). Public Law 118–159; 10 U.S.C. 113
- (b) Elements of certification
- A certification under subsection (a) shall include each of the following:
- a written statement that a copy of each execute order required to be submitted to the congressional defense committees under such section has been transmitted to the congressional defense committees; and
- a description of the mechanism established to facilitate the provision to the congressional defense committees of all future briefings required under such section, and the compliance with the disclosure and notice requirements under such section, within the time frames required by such section.
- A certification under subsection (a) shall include each of the following:
Sec. 1051. Prohibition on the use of funds from carrying out a hiring freeze, reduction in force, or hiring delay without cause at a public shipyard.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to—
- carry out a hiring freeze at a public shipyard;
- carry out a reduction in force at a public shipyard; or
- delay without cause the filling of a vacant Federal civilian employee position at a public shipyard.
Sec. 1052. Limitation on use of funds for deactivation of Expeditionary Combat Aviation Brigades.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to retire, deactivate, schedule to deactivate, or proceed with any action that would reduce the capabilities, resources, aircraft, or personnel available, as of the date of the enactment of this Act, for the Expeditionary Combat Aviation Brigades before the earlier of the following dates:
- The date that is 90 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan to offset any loss of mission associated with air mobility,aeromedical evacuation, reconnaissance, and logistical support provided, as of the date of the enactment of this Act, by the Expeditionary Combat Aviation Brigades that includes reassignment options for potentially displaced soldiers at such brigades.
- The date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan for the recapitalization of the aircraft used by the Expeditionary Combat Aviation Brigades that is specific with respect to each unit and geographical location of such brigades.
Subtitle E—Reports
Sec. 1061. Mobility capability requirements study.
Section 1068 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 () is amended— Public Law 118–159
- in subsection (a), by striking
one year after the date of the enactment of this Actand insertingDecember 23, 2025; and - in subsection (c)—
- in paragraph (1)—
- (i) in the paragraph headling, by striking and inserting ; and
- (ii) by inserting after ; and
- in paragraph (2), by striking
one year after the date of the enactment of this Actand insertingDecember 23, 2025.
- in paragraph (1)—
Sec. 1062. Extension of briefing requirement regarding civil authorities at the Southwest border.
Section 1070 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2791), as amended by section 1063 of the National Defense Authorization Act for Fiscal Year 2025 (), is further amended by striking through December 31, 2025and inserting through December 31, 2026. Public Law 117–263; Public Law 118–159
Sec. 1063. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the department following separation from military service or employment with the Department.
Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (; 10 U.S.C. note prec. 971) is amended— Public Law 115–91
- in subsection (a)(1), by striking
two-yearand insertingfive-year; and - in subsection (b)(1), by striking
one-yearand insertingthree-year.
Sec. 1064. Annual report on requests of combatant commands for remote sensing data.
- (a) Annual report
- Not later than February 1, 2026, and annually thereafter for a five-year period, the Chairman of the Joint Chiefs of Staff, in consultation with the commanders of the combatant commands, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the requests of the combatant commands for data and information derived from remote sensing.
- (b) Matters
- Each report under subsection (a) shall include, with respect to the two-year period preceding the date of the submission of that report and for each combatant command, the following information:
- An identification of the number of requests of that combatant command for data or information derived from remote sensing made to personnel of the National Geospatial-Intelligence Agency during such period, if any, including the number of any such requests denied, accepted but not completely fulfilled, and completely fulfilled, respectively.
- With respect to any such requests, an assessment of whether the time to provide the data or information requested was sufficient for the tactical purpose for which the data or information was requested.
- An identification of the number of any such requests not completely fulfilled and the reason, if any, given by personnel of the National Geospatial-Intelligence Agency for such lack of fulfillment.
- Each report under subsection (a) shall include, with respect to the two-year period preceding the date of the submission of that report and for each combatant command, the following information:
Sec. 1065. Notification of waivers under Department of Defense Directive 3000.09.
- (a) Notification required
- Not later than 30 days after issuing any waiver under Department of Defense Directive 3000.09 (relating to autonomy in weapon systems), or any successor directive, the Secretary of Defense shall submit to the congressional defense committees written notification of such waiver.
- (b) Elements
- Each notification submitted under subsection (a) shall include the following:
- The rationale for the waiver.
- A description of the autonomous weapon system or technology covered by the waiver.
- The anticipated duration of the waiver.
- Each notification submitted under subsection (a) shall include the following:
- (c) Form
- The notification required under subsection (a) shall be submitted in unclassified form but may include a classified annex as necessary.
Sec. 1066. Annual report on Guam civilian-military projects.
Not later than December 31 each year, the Commander of Joint Region Marianas, in consultation with the governor of Guam, shall submit to Congress a report on specific projects in Guam that support military readiness and public interests in Guam. Such report may include projects carried out—
- pursuant to section 2391(d), section 2802, section 2805, or section 2815 of title 10, United States Code, or other authorities determined by the Commander; or
- using amounts authorized to be appropriated for operation and maintenance, for Joint Region Marianas Operations and Maintenance funds or authorities under which the Department of Defense transfers funds to other Federal agencies.
Subtitle F—Other Matters
Sec. 1071. Air Force Technical Training Center of Excellence.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 903
- (a) Establishment
- The Secretary of the Air Force shall operate a Technical Training Center of Excellence. The head of the Center shall be the designee of the Commander of the Airman Development Command.
- (b) Purposes
- The purposes of the Center shall be to—
- facilitate collaboration among all Air Force technical training installations;
- serve as a premier training location for all maintainers throughout the military departments;
- publish a set of responsibilities aimed at driving excellence, innovation, and leadership across all technical training specialties;
- advocate for innovative improvements in curriculum, facilities, and media;
- foster outreach with industry and academia;
- identify and promulgate best practices, standards, and benchmarks;
- create a hub of excellence for the latest advancements in aviation technology and training methodologies; and
- carry out such other responsibilities as the Secretary determines appropriate.
- The purposes of the Center shall be to—
- (c) Location
- The Secretary shall select a location for the Center that is an Air Force installation that provides technical training and maintenance proficiency.
Sec. 1072. National Commission on the Future of the Navy study of maritime industrial base.
Section 1092(a)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2807) is amended by adding at the end the following new subparagraph: Public Law 117–263
- (C) Study on maritime industrial base
- The Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include—
- (i) an evaluation of the strength and capacity of United States shipyards, repair facilities, and supporting infrastructure, including the ability of such shipyards, facilities, and infrastructure to meet current and future Navy and sealift demands;
- (ii) an assessment of the skilled workforce for shipbuilding and maritime operations, including with respect to training and the sustainability of the labor force;
- (iii) an examination of the effects of domestic tax, regulatory, and permitting policies on maritime industry investment and innovation;
- (iv) an analysis of the effect of foreign subsidies and competition from State-owned shipbuilding enterprises on the competitiveness of the United States; and
- (v) recommendations for legislative or administrative actions to—
- strengthen the United States maritime industrial base;
- modernize and expand the capacity of shipyards;
- foster a reliable and skilled maritime labor force; and
- ensure sufficient shipbuilding capacity to support great power competition and United States sealift requirements.
- The Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include—
Sec. 1073. Extension of the National Commission on the Future of the Navy.
Section 1092(a)(4) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; 136 Stat. 2809), as amended by section 1083 of the Service Member Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (), is further amended by striking January 15, 2026and inserting January 15, 2027. Public Law 117–263; Public Law 118–159
Sec. 1074. Reauthorization of the Servicewomen’s Commemorative Partnership.
Section 362(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note prec.) is amended— Public Law 116–283; 10 U.S.C. 7771
- by striking
fiscal year 2021and insertingfiscal year 2026; and - by striking
$3,000,000and insertinginserting,000,000.
Sec. 1075. Federal agency support for Afghanistan War Commission.
Section 1094(f)(2) of the National Defense Authorization Act for Fiscal Year 2022 () is amended by adding at the end the following new subparagraph: Public Law 117–81
- (D) Services
- (i) The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section.
- (ii) In addition to any support provided under clause (i), the head of any other Federal department or agency may provide to the Commission such services, funds, facilities, staff, and other support as the head of such department or agency determines advisable and as may be authorized by law.
Sec. 1076. Provision of contract authority to Afghanistan War Commission.
Subsection (f) of the Afghanistan War Commission Act of 2021 (section 1094(f) of ; 135 Stat. 1941) is amended by adding at the end the following new paragraph: Public Law 117–81
- (6) Contract authority
- To such extent and in such amounts as are provided in appropriation Acts, the Co-Chairpersons of the Commission may enter into contracts to enable the Commission to discharge its duties under this section.
Sec. 1077. Framework for technology transfer and foreign disclosure policies.
- (a) Framework development
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall produce a framework to revise and update the technology transfer policies of the military departments and the National Disclosure Policy.
- (b) Framework elements
- The framework produced pursuant to subsection (a) shall include the following:
- A comprehensive assessment of policies regarding the transfer of emerging and advanced defense items, including artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, machine learning, cybersecurity, quantum technologies, hypersonics, autonomous systems, and such other technologies as the Secretary determines appropriate, to enable the transfer of such defense items to allies and partners of the United States.
- Guidelines for balancing national security considerations with the need to share information and technology with allies and partners of the United States to enhance interoperability and burden sharing.
- A process to gather, consider, and, as appropriate, incorporate input from industry stakeholders, in accordance with subsection (d), to inform revisions to the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States.
- Recommendations for updating the technology transfer policies of the military departments and the National Disclosure Policy to accommodate the use of emerging and advanced defense items in multi-domain operations, joint military exercises, and allied operational requirements.
- Mechanisms to enable the military departments to streamline the approval process for technology transfers.
- Mechanisms to enhance transparency to ensure the technology transfer policies of each of the military departments are comparable with respect to capability and country release tiers for emerging and advanced defense items.
- A plan to consolidate technology security and foreign disclosure approvals in accordance with Executive Order 14268, titled and dated April 9, 2025.
Reforming Foreign Defense Sales to Improve Speed and Accountability - Metrics to evaluate the effectiveness of the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States while ensuring security of United States technology.
- An annual requirement to conduct an audit of license applications that were denied during the prior year on the basis of technology transfer policies of the military departments or the National Disclosure Policy.
- A process to implement revisions to the technology transfer policies of the military departments and the National Disclosure Policy in accordance with subsection (c).
- The framework produced pursuant to subsection (a) shall include the following:
- (c) Implementation
- Not later than one year after the date of the submission of the framework under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall direct the Secretary of each of the military departments to revise the technology transfer policy of that department and the Under Secretary of Defense for Policy to revise the National Disclosure Policy, based on the elements of the framework under subsection (b).
- (d) Stakeholder engagement
- At least once every six months, the Secretaries of the military departments and the Under Secretary of Defense for Policy shall consult with such representatives from the defense industry as the Secretaries and Under Secretary consider appropriate, including representatives from nontraditional defense contractors (as such term is defined by section 3014 of title 10, United States Code) in the course of carrying out subsections (a), (b), and (c).
- (e) Reporting requirements
- (1) Submission of framework
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the framework produced under subsection (a).
- (2) Annual reports
- Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
- A description of any actions taken to improve the technology transfer policies of the military departments and the National Disclosure Policy in accordance with the implementation requirements under subsection (c).
- A description of any actions taken to implement or incorporate industry recommendation into the technology transfer policies of the military departments and the National Disclosure Policy.
- A summary of any feedback from industry stakeholders with respect to current applications of the technology transfer policies of the military departments and National Disclosure Policy, and a description of any actions taken to address such feedback.
- The results of an audit of license applications that were denied during the preceding 12-month period on the basis of technology transfer policies of the military departments or the National Disclosure Policy, including sufficient information to confirm that such denials reflected the policy in effect at the time of denial.
- Any recommendations of the Secretary for legislation necessary to improve technology transfer policies or the National Disclosure Policy.
- Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
- (3) Form
- Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
- (1) Submission of framework
Sec. 1078. Budgeting and funding requirements for Northern Strike Exercise.
- (a) Requirements
- The Secretary of Defense shall—
- ensure that the budget and funding for the Northern Strike Exercise are sufficient to effectively carry out the objectives of the Secretary with respect to such exercise; and
- include, in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027 and each subsequent fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a dedicated budget line item for the implementation of this section.
- The Secretary of Defense shall—
- (b) Northern Strike Exercise defined
- In this section, the term
Northern Strike Exercisemeans a military exercise sponsored by the National Guard Bureau to build readiness and warfighting capabilities for the joint force.
- In this section, the term
Sec. 1079. Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United States Special Operations Command.
- (a) Procurement and distribution
- The Commander of the United States Special Operations Command may authorize—
- the procurement of sports foods and dietary supplements; and
- the distribution of such foods and supplements to members of the Armed Forces assigned to the United States Special Operations Command.
- The Commander of the United States Special Operations Command may authorize—
- (b) Requirements
- (1) In general
- The Commander of the United States Special Operations Command shall—
- establish policies for the procurement and distribution of sports foods and dietary supplements under this section; and
- require that such procurement and distribution is in compliance with—
- (i) Department of Defense Instruction 6130.06, titled ; and
Use of Dietary Supplements in the Department of Defense - (ii) the prohibited dietary supplement ingredients list of the Department.
- (i) Department of Defense Instruction 6130.06, titled ; and
- The Commander of the United States Special Operations Command shall—
- (2) Policies
- The policies established under paragraph (1) shall provide that—
- dietary supplements procured or distributed under this section are required to be certified by a non-Department third-party certifying organization that Operation Supplement Safety of the Department has vetted for end-product quality assurance;
- dietary supplements and sports foods procured or distributed under this section are required to be free of contaminants and ingredients and substances prohibited by the Department (including any ingredients and substances that are synonymous with such prohibited ingredients and substances);
- sports foods and dietary supplements may only be distributed to members of the Armed Forces—
- (i) by a credentialed and privileged registered (performance) dietitian or a medical clinician with prescribing authority who is assigned to or supporting the United States Special Operations Command at the operational unit level; and
- (ii) under the guidance and oversight of a primary care sports medicine physician.
- The policies established under paragraph (1) shall provide that—
- (1) In general
- (c) Rule of construction
- The procurement and distribution of sports foods and dietary supplements under this section shall be construed to supplement and not supplant—
- any morale, welfare, or recreation funds or activities otherwise required or available; and
- any funding made available for, and services provided by, any dining facility of the Department.
- The procurement and distribution of sports foods and dietary supplements under this section shall be construed to supplement and not supplant—
Sec. 1080. Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities for base defense.
- (a) Establishment
- Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Administrator of the Federal Aviation Administration, shall carry out a pilot program, to be known as the , under which the Secretary shall incorporate the use of civilian civil airspace sensor networks into Air Force data processing systems to—
Enhancing Cooperation for Counter-Unmanned Aircraft Systems Program- improve base defense against small unmanned aircraft systems (in this section referred to as );
sUAS - inform the development of counter-unmanned aircraft system capabilities that are suitable for use inside the United States and in the National Airspace System; and
- enhance cooperation with law enforcement, State and local partners, and other Federal departments and agencies to counter domestic threats.
- improve base defense against small unmanned aircraft systems (in this section referred to as );
- Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Administrator of the Federal Aviation Administration, shall carry out a pilot program, to be known as the , under which the Secretary shall incorporate the use of civilian civil airspace sensor networks into Air Force data processing systems to—
- (b) Locations
- The Secretary, in coordination with the Administrator, shall select at least two military installations located in the United States at which to conduct the pilot program. In selecting such military installations, the Secretary shall consider the potential for the Air Force to—
- access advanced civilian airspace sensor networks;
- leverage public-private partnerships that enable multi-use of airspace awareness capabilities for public safety, defense of critical infrastructure to include Department of Defense installations, and protection of civil aviation; and
- minimize the potential for negatively affecting civil aircraft operations in the National Airspace System.
- The Secretary, in coordination with the Administrator, shall select at least two military installations located in the United States at which to conduct the pilot program. In selecting such military installations, the Secretary shall consider the potential for the Air Force to—
- (c) Objectives
- The objectives of the pilot program are—
- to demonstrate the efficacy of shared situational awareness data from civilian sensor networks to military installation defense systems;
- to provide the Air Force with access to air space awareness data derived from civilian airspace sensor networks to increase the ability of the Air Force to defend bases from the threats posed by sUAS;
- to determine any authority, capability, and capacity barriers to enhancing cooperation between the Air Force, civilian partners, and other Federal, State, and local government entities to extend the over-the-horizon identification of potential sUAS threats beyond the current range of existing domestic base defense systems; and
- to improve the data-sharing frameworks for airspace data between the Air Force and various stakeholders for the purpose of base defense.
- The objectives of the pilot program are—
- (d) Contract authority
- In carrying out the pilot program, the Secretary of the Air Force may enter into one or more contracts for the procurement of additional technologies capable of—
- leveraging commercial or Government off-the-shelf detect-track-defeat systems;
- integrating and using civilian airspace awareness data to serve as an early warning capability specifically to help identify and monitor non-compliant sUAS; and
- informing appropriate communication mechanisms between military installations and local law enforcement agencies to report and track non-compliant air vehicles, deter incursions, and foster potential prosecution.
- In carrying out the pilot program, the Secretary of the Air Force may enter into one or more contracts for the procurement of additional technologies capable of—
- (e) Briefings
- Not later than 90 days after the conclusion of all activities carried out under the pilot program at an installation selected for such program, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a briefing that includes a description of—
- the manner in which the program was conducted at such installation; and
- any results achieved under the program at such installation.
- Not later than 90 days after the conclusion of all activities carried out under the pilot program at an installation selected for such program, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a briefing that includes a description of—
- (f) Termination
- (1) In general
- The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
- (2) Early termination option
- The Secretary of the Air Force may request the termination of the pilot program before the date specified in paragraph (1) if the Secretary—
- determines that administrative, legal, performance, or other factors indicate the program will not be successful; and
- submits to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice in writing of such determination.
- The Secretary of the Air Force may request the termination of the pilot program before the date specified in paragraph (1) if the Secretary—
- (1) In general
Sec. 1081. Pilot program and other requirements for accelerating protection of certain facilities and assets from unmanned aircraft.
- (a) Sense of Congress
- It is the sense of Congress that—
- Congress granted the Department of Defense extensive counter-UAS authorities under section 1697 of the National Defense Authorization Act for Fiscal Year 2017 (; 130 Stat. 2639); Public Law 114–328
- the Department has not adequately responded to publicly reported drone incursions;
- the Department has consistently returned to request from Congress additional counter-UAS authorities, despite not fully using available counter-UAS authorities and routinely failing to provide to Congress with statutorily required briefings and information on the use and non-use of such available authorities; and
- there is intense global demand for counter-UAS systems in the inventory of the Department, particularly from the Commander of the United States Central Command and the Commander of the United States Indo-Pacific Command, and the Department will not be able to address domestic counter-UAS requirements without substantial changes in the policies and priorities of the Department.
- It is the sense of Congress that—
- (b) Requirements
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
- develop a plan to ensure that the training of members of the armed forces and officers and civilian employees of the Department, and the sustainment of equipment of the Department, is adequate for purposes of the effective use of authorities under section 130i of title 10, United States Code; and
- ensure that for each covered facility or asset at which the Secretary has determined counter-UAS operations are necessary to mitigate the threat that an unmanned aircraft system poses to the safety or security of such covered facility or asset—
- any administrative action required for the effective use of such authorities for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel;
- any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and
- planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (c) in a manner appropriate for the covered facility or asset has commenced.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
- (c) Pilot program for deployment of certain counter-UAS systems
- (1) Pilot program
- The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a
pilot programfor the deployment of covered counter-UAS systems for the protection of certain covered facilities or assets (in this subsection, referred to as the ).
- The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a
- (2) Elements
- Under the pilot program, the Secretary shall—
- not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of four covered facilities or assets identified for purposes of the pilot program; and
- not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset.
- Under the pilot program, the Secretary shall—
- (3) Site-specific assessment
- The Secretary and the Administrator shall jointly conduct a site-specific suitability assessment for each covered asset or facility identified for purposes of the pilot program to ensure that the operation of a covered counter-UAS system under the pilot program with respect to the covered facility or asset will not result in an adverse impact on aviation safety, including by assessing safe engagement ranges and parameters for target identification and deconfliction.
- (1) Pilot program
- (d) Additional coordination required
- The Secretary shall carry out this section consistent with the requirements of section 130i of title 10, United States Code.
- (e) Briefings
- Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section.
- (f) Definitions
- In this section:
- The term
Administratormeans the Administrator of the Federal Aviation Administration. - The terms and have the meanings given those terms in section 44801 of title 49, United States Code.
counter-UAS system,small unmanned aircraft - The term
covered counter-UAS systemmeans a counter-UAS system that— - The term
covered facility or assetmeans a facility or asset with respect to which there is authority to carry out section 130i of title 10, United States Code, for the protection of the facility or asset. - The term
unmanned aircrafthas the meaning given such term in section 130i(j) of title 10, United States Code.
- The term
- In this section:
Sec. 1082. Counter-unmanned aircraft system readiness.
- (a) In general
- The Secretary of Defense, acting through the Director of the Joint Counter Small Unmanned Aircraft Systems Office, shall coordinate with the Secretaries of the military departments to identify differences in the interpretation and application of section 130i of title 10, United States Code, among the military departments, including differences with respect to—
- interpretations of the term ;
covered facility or asset - the application of modern best practices for counter-unmanned aircraft system to each type of covered facility or asset; and
- divergent, unrealistic, or unnecessarily limited legal interpretations of the term .
covered facility or asset
- interpretations of the term ;
- The Secretary of Defense, acting through the Director of the Joint Counter Small Unmanned Aircraft Systems Office, shall coordinate with the Secretaries of the military departments to identify differences in the interpretation and application of section 130i of title 10, United States Code, among the military departments, including differences with respect to—
- (b) Report to congress
- Not later than 180 days after the date of the enactment of this Act, the Director of the Joint Counter Small Unmanned Systems Office shall submit to the congressional defense committees a report that includes a description of each of the following:
- Differences identified in the application of section 130i of title 10, United States Code, among the military departments.
- Any resources required to expedite and modernize site evaluations, including electromagnetic spectrum evaluations required for the deployment of counter-unmanned aircraft system defenses and site surveys described in section 1081 of this Act.
- Suggestions to improve the role of the United States Northern Command as a synchronizing body for homeland counter-unmanned aircraft systems deployed at covered facilities or assets.
- The plan of the Director to remedy, without change to underlying law, the differences in legal interpretations identified pursuant to subsection (a)(3).
- The strategy of the Director for retrofitting and modernizing military installations and depots for testing counter-unmanned aircraft systems and an identification of any policy, legal, or regulatory challenges to carrying out such strategy.
- Not later than 180 days after the date of the enactment of this Act, the Director of the Joint Counter Small Unmanned Systems Office shall submit to the congressional defense committees a report that includes a description of each of the following:
- (c) Definitions
- In this section, the terms and have the meaning given such terms in section 130i of title 10, United States Code.
covered facility or asset,unmanned aircraft system
- In this section, the terms and have the meaning given such terms in section 130i of title 10, United States Code.
Sec. 1083. Pilot program on digital force protection for Special Operations Forces.
- (a) Establishment
- The Commander of the United States Special Operations Command may carry out a pilot program, to be known as the , to identify existing vulnerabilities in digital force protection, provide targeted ubiquitous technical surveillance mitigation training, and help identify commercially available secure communication and obfuscation technologies to protect personnel and support overall mission effectiveness.
Digital Force Protection Pilot Program
- The Commander of the United States Special Operations Command may carry out a pilot program, to be known as the , to identify existing vulnerabilities in digital force protection, provide targeted ubiquitous technical surveillance mitigation training, and help identify commercially available secure communication and obfuscation technologies to protect personnel and support overall mission effectiveness.
- (b) Objectives
- The objectives of a pilot program carried out under subsection (a) are—
- to increase understanding of existing digital signature and ubiquitous technical surveillance risk for selected Special Operations Forces units and the associated threats to personnel and mission effectiveness that come from digital exposure and adversary tracking;
- to strengthen digital force protection for the purposes of operational security and strategic deception efforts across all domains of warfare; and
- to demonstrate digital force protection as a critical enabler of multi-domain operations and the need to ensure Special Operations Forces can operate seamlessly across land, air, sea, space, and cyberspace without adversarial digital exploitation undermining mission success.
- The objectives of a pilot program carried out under subsection (a) are—
- (c) Recommendation of units
- (1) In general
- If the Commander carries out a pilot program under subsection (a), the Commander shall recommend not fewer than two Special Operations Forces units to carry out the pilot program, which may include a command and unit element.
- (2) Considerations
- In recommending units to participate in the pilot program under paragraph (1), the Commander shall take into consideration—
- the need to include multiple categories of personnel, including operational support staff, enablers, and contractors to ensure a complete assessment;
- the readiness status of the units, with an emphasis on providing training to those units most likely to deploy to areas with high likelihood of adversary digital surveillance; and
- the need for a sufficient sample size, which is approximately a battalion.
- In recommending units to participate in the pilot program under paragraph (1), the Commander shall take into consideration—
- (1) In general
- (d) Contract authority
- If the Commander carries out a pilot program under this section, the Commander may enter into a contract for the provision of services to facilitate the pilot program. If the Commander uses such authority to enter into a contract for training or assessment, such training and assessment shall be capable of—
- conducting multiple realistic ubiquitous technical surveillance training scenarios that are consistent with observed adversarial tactics, techniques, and procedures with exploiting commercially available data against Special Operations Forces units;
- training key personnel across leadership, operational, and support elements on the threats posed by the commercial data economy and specific skills development to manage digital signatures and mitigate ubiquitous technical surveillance risks;
- providing advanced training for personnel responsible for highly sensitive activities and missions;
- evaluating through red cell exercises pilot program participant progress and to ensuring units are prepared for mission-critical operations in ubiquitous technical surveillance-intensive environments;
- employing commercial technology solutions previously deployed in a mission environment and interoperable with legacy Department of Defense systems, networks, and protocols, including deployment of on-demand global obfuscated networks and identity intelligence and management;
- assessing ubiquitous technical surveillance and digital force protection holistically across various threat vectors including electronic, travel, financial, online, and physical or visual.
- If the Commander carries out a pilot program under this section, the Commander may enter into a contract for the provision of services to facilitate the pilot program. If the Commander uses such authority to enter into a contract for training or assessment, such training and assessment shall be capable of—
- (e) Briefings
- If the Commander carries out a pilot program under this section, not later than 90 days after concluding activities under the pilot program, the Commander and the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—
- a thorough analysis identifying current capabilities and a description of gaps, deficiencies, or other vulnerabilities, identified by the pilot program;
- specific recommendations for short-term (1–2 years) and long-term (3–5 years) initiatives to enhance digital force protection across special operations components;
- an assessment of how enhanced digital force protection measures increase the difficulty, time, and resources required for adversaries to conduct digital surveillance, force tracking, and operational compromise of Special Operations Forces; and
- a comprehensive list of any additional authorities, appropriations, or other resources necessary to implement the recommended digital force protection tools and practices identified pursuant to the pilot program.
- If the Commander carries out a pilot program under this section, not later than 90 days after concluding activities under the pilot program, the Commander and the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—
- (f) Definitions
- In this section:
- The term
digital force protectionmeans the policies, tools, and practices used to protect military personnel, operations, and critical assets from adversarial exploitation of the commercial digital surveillance economy, associated commercial data, and digital footprints. - The term
commercial digital surveillance economymeans the ecosystem of companies and technologies involved in collecting, analyzing, and selling data generated by the interactions of individuals with digital services and devices. - The term
digital footprintmeans the data traces left by individuals through the use of digital devices and services that can be exploited to uncover personal information, movement patterns, and other sensitive details.
- The term
- In this section:
- (g) Termination
- The authority to carry out a pilot program under this section shall terminate on the date that is one year after the date of the enactment of this Act.
Sec. 1084. Pilot program for blockchain-enabled inventory management.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may establish a pilot program under which the Department of Defense shall use commercially available distributed ledger technology to seek to improve inventory management within the Department of Defense.
- (b) Objectives
- Under the pilot program established under subsection (a), the Secretary shall—
- assess the feasibility and effectiveness of using distributed ledger technology in improving inventory management;
- assess the cost savings resulting from the use of distributed ledger technology in inventory management;
- assess whether the use of distributed ledger technology in inventory management improves the traceability of inventory;
- assess whether the use of distributed ledger technology in inventory management reduces the risk of waste, fraud, and abuse; and
- identify and mitigate potential challenges and risks associated with the integration of distributed ledger technology for inventory management, including cybersecurity concerns.
- Under the pilot program established under subsection (a), the Secretary shall—
- (c) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a).
- (d) Termination
- The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029.
- (e) Definitions
- In this section:
- The term
distributed ledgermeans a ledger that— - The term
distributed ledger technologymeans technology that enables the operation and use of distributed ledgers.
- The term
- In this section:
Sec. 1085. Acceleration of accreditation and access to sensitive compartmented information facilities for industry.
- (a) Plan required
- Not later than 180 days after enactment of this act, the Secretary of Defense, in consultation with other appropriate departments and agencies of the Federal Government, shall submit to the congressional defense committees a plan to accelerate the accreditation, construction, and operational use of commercial sensitive compartmented information facilities accessible to private-sector entities in support of national security innovation, manufacturing, and mission-critical classified activities.
- (b) Elements
- The plan required by subsection (a) shall include the following:
- Recommendation of policies to authorize the parallel processing of construction security plans, construction, and information technology deployment to reduce accreditation and approval timelines.
- An assessment of the feasibility of adopting architecture and construction templates to allow for shortening or eliminating portions of the construction security plan review and approval process.
- An evaluation of current policies regarding the use of mobile Secret Internet Protocol Router Network and Joint Worldwide Intelligence Communications System systems within accredited contractor sensitive compartmented information facilities, including a review of Chairman of the Joint Chiefs of Staff Instruction 6211.02D.
- An assessment of the feasibility of delegating the authority to review construction security plans and associated 30, 60, and 90 percent technical drawings to appropriately trained sponsor-approved personnel within the Armed Forces, subject to applicable security standards and oversight.
- A proposal to designate shared commercial classified facilities as valid places to work for all types of classified work authorized by the Department of Defense.
- A proposal to develop and establish a secure, centralized, digital platform for the management of sensitive compartmented information facility lifecycle processes, including—
- submission and tracking of construction security plans, requests for information, fixed facility checklists, and co-use authorizations; and
- utilization of artificial intelligence and machine-learning tools for construction security plan validation, interagency compliance, and document version control.
- A list of any additional authorities, appropriations, or other resources necessary to implement the plan required by this section.
- The plan required by subsection (a) shall include the following:
Sec. 1086. Standardization of data analysis and visualization across the Department of Defense.
- (a) Standardization of data analysis and visualization required
- Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each of the military departments adopts a set of standard data analysis and data visualization for the collection, management, analysis, visualization, and reporting of data related to harmful behaviors. Such required data analysis and visualization standards shall be designed to—
- enable commanders at all levels of command to receive timely, actionable data with consistent metrics, data visualization, and presentation formats;
- support location, identify patterns over time, and track changes or trends in harmful behavior; and
- if the Secretary establishes a working group under subsection (b), comply with other standards and best practices identified by the working group.
- Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each of the military departments adopts a set of standard data analysis and data visualization for the collection, management, analysis, visualization, and reporting of data related to harmful behaviors. Such required data analysis and visualization standards shall be designed to—
- (b) Working group on data systems and visualization
- (1) In general
- The Secretary of Defense may establish a working group composed of representatives from each military department.
- (2) Responsibilities
- If the Secretary establishes a working group under this subsection, the working group shall—
- review existing harmful behavior data management systems, methods of data collection, management, analysis, reporting, and forms of data visualization used across the military departments;
- identify and share best practices for data collection, management, analysis, visualization, and reporting to improve consistency, effectiveness, and usability across the Department of Defense; and
- assess which data elements are not currently captured in existing harmful behavior data management systems of record and would benefit from inclusion.
- If the Secretary establishes a working group under this subsection, the working group shall—
- (3) Timeframe for establishment
- If the Secretary establishes a working group under this subsection, the Secretary shall establish the working group by not later than 180 days after the date of the enactment of this Act.
- (1) In general
- (c) Promotion of on-site installation evaluation resilience index summary application
- The Secretary may promote the on-site installation evaluation resilience index summary application for wider use by the military departments, in addition to the systems to address harmful behavior in use by the military departments as of the date of the enactment of this Act.
- (d) Briefing and report
- Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on—
- the status of the implementation of the standard features required under subsection (a);
- if the Secretary establishes a working group under subsection (b), the findings and recommendations of the working group; and
- the status of implementing the promotion of the on-site installation evaluation resilience index summary application under subsection (c).
- Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on—
- (e) Definitions
- In this section:
- The term
data collectionmeans the capability to gather user-generated data through system interfaces, with designated required and optional fields, that is saved to the system’s dataset through structured workflows. - The term
data visualizationmeans the manner in which information is presented within a data management system, including the graphical representation of data to improve clarity, comprehension, analysis, and decision-making by users.
- The term
- In this section:
Sec. 1087. Process for complaints and investigations of transportation service providers and transportation officers.
- (a) Complaints and investigations
- (1) Process for submitting complaints
- The Commander of the Military Surface Deployment and Distribution Command shall develop a process through which a transportation service provider may submit a complaint to the Commander regarding possible violations of the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations by Department of Defense transportation officers and transportation service providers regarding any military shipments that are required to be processed by the Global Freight Management System.
- (2) Elements
- The complaint process required under paragraph (1) shall include each of the following:
- An identification of the information the complainant should provide as part of a complaint to assist the Commander in reviewing and investigating the complaint, including references to the rules that were allegedly violated.
- A timeline for the adjudication of the complaint and rendering of an initial finding by an individual designated by the Commander.
- A process for any party to appeal the initial finding if the party believes the initial finding is incorrect, a timeline for the review of the appeal, and a timeline for the Commander to render a final decision.
- Such other elements as the Commander determines appropriate.
- The complaint process required under paragraph (1) shall include each of the following:
- (3) Consequences for violations
- If, pursuant to a complaint submitted through the complaint process under this section, a transportation officer or transportation service provider is found to have violated the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations, the Commander shall impose a penalty in accordance with the Military Freight Traffic Unified Rules Publication and the Defense Transportation Regulations and, if applicable, work with the transportation officer or transportation service provider to take corrective action.
- (4) Transportation officer actions
- (A) Notification process
- The Commander shall establish a timely process through which a transportation service provider may notify the Military Surface Deployment and Distribution Command of any action a transportation officer imposes against a transportation service provider, such as a letter of non-use, if the transportation service provider believes that such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations.
- (B) Authority to override
- The Commander may override any action taken by a transportation officer against a transportation service provider if the Commander believes such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The authority under this subparagraph includes revoking a letter of non-use, reducing the duration of a letter of non-use, and removing any service failure from the record of the transportation service provider.
- (A) Notification process
- (1) Process for submitting complaints
- (b) Global freight management training
- The Commander of the Military Surface Deployment and Distribution Command shall provide recurring training to all transportation officers and transportation service providers that use the Global Freight Management System to process and award Department of Defense shipments. Such training shall include—
- detailed instruction on the Military Freight Traffic Unified Rules Publication and Defense Transportation Regulations;
- best practices for processing and awarding shipments in the Global Freight Management system;
- the importance of awarding shipments transparently and in accordance with Department of Defense policies; and
- such other information as the Commander determines appropriate.
- The Commander of the Military Surface Deployment and Distribution Command shall provide recurring training to all transportation officers and transportation service providers that use the Global Freight Management System to process and award Department of Defense shipments. Such training shall include—
- (c) Freight carrier registration program
- (1) Update
- The Commander of the Military Surface Deployment and Distribution Command shall update the freight carrier registration program to ensure that users of the program, including Department of Defense personnel and transportation service providers, are able to easily determine if a standard carrier alpha code belongs to a motor carrier or broker.
- (2) Annual audit requirement
- Not less frequently than annually, the Commander shall conduct an audit of the freight carrier registration program to ensure that all approved transportation service providers have active and appropriate operating authority from the Department of Transportation.
- (1) Update
Title XI—Civilian Personnel
Subtitle A—General Provisions
Sec. 1101. Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam.
Section 1102 of the National Defense Authorization Act for Fiscal Year 2024 () is amended— Public Law 118–31
- in the section heading, by striking and inserting ;
- in subsection (a), by striking
Secretary of the Navyand insertingSecretary of Defense; and - by striking subsection (b) and inserting the following:
- (b) Covered employee defined
- In this section, the term means any civilian employee of the Department of Defense whose permanent duty station is located in Guam.
covered employee
- In this section, the term means any civilian employee of the Department of Defense whose permanent duty station is located in Guam.
- (b) Covered employee defined
Sec. 1102. Appointment of retired members of the armed forces to competitive service and excepted service positions in the Department of Defense.
- (a) In general
- Section 3326 of title 5, United States Code, is amended—
- in the section heading, by inserting before ; and
- in subsection (b)—
- in the matter preceding paragraph (1), by striking
the civil serviceand insertingthe competitive service or the excepted service; and - in paragraph (1), by striking and all that follows through .
- in the matter preceding paragraph (1), by striking
- Section 3326 of title 5, United States Code, is amended—
- (b) Clerical amendment
- The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting before .
Sec. 1103. Pay for crews of vessels.
Section 5348 of title 5, United States Code, is amended—
- in subsection (a), by adding before the period at the end the following: ; and
, not to exceed the rate of pay for the Vice President under section 104 of title 3- The limitation on pay under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).
- by adding at the end the following:
Sec. 1104. Exception to limitation on rate of basic pay for crews of vessels.
Section 5373 of title 5, United States Code, is amended by adding at the end the following:
- Subsection (a) shall not apply to the authority of the Secretary of Defense or the Secretary of a military department to fix the annual rate of basic pay of officers and crews of vessels as is consistent with the public interest and in accordance with the prevailing rates and practices in the commercial maritime industry, except that the annual rate of basic pay of such an employee may not be fixed at a rate greater than the annual rate of the salary of the Vice President under section 104 of title 3.
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.
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (; 122 Stat. 4615), as most recently amended by section 1104 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2087), is further amended by striking through 2025and inserting through 2026. Public Law 110–417; Public Law 118–159
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (; 122 Stat. 4616) and as most recently amended by section 1105 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2088), is further amended by striking and inserting . Public Law 109–234; Public Law 110–417; Public Law 118–159
Sec. 1107. Defense workforce integration.
- (a) Integration of military and civilian hiring processes
- (1) In general
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components.
- In general
- (2) Air Force DRIVE program
- The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of paragraph (1) and may, but need not, serve as a baseline from which the other military departments design their programs.
- (3) Entry-level service member defined
- In this subsection, the term
entry-level service membermeans a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days—- basic training;
- a technical school of the Armed Forces;
- a service academy;
- the Reserve Officer Training Corps (ROTC);
- an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program.
- In this subsection, the term
- (1) In general
- (b) Provision of information on career opportunities in the defense industrial base to persons ineligible for military service
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (a) Establishment
- The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
- (b) Program
- The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
- the defense industrial base, including the maritime and shipbuilding industries;
- cybersecurity or intelligence support roles;
- research and development in defense technologies;
- national emergency and disaster preparedness; or
- any other non-military opportunity the Secretary considers in the national interests of the United States.
- The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
- (c) Collaboration
- The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.
- (a) Establishment
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 50
- (c) Provision to Navy personnel of information on career opportunities at Military Sealift Command
- The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to all Navy personnel as part of the Transition Assistance Program process.
- (d) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing implementation of the requirements under subsections (a) and (c) of this section and section 996 of title 10, United States Code, as added by subsection (b) of this section.
Sec. 1108. Modifications to total force management requirements.
- (a) Guidance
- Not later than 30 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall, in consultation with each Secretary of a military department, provide guidance to each such Secretary on the analysis required under subsection (b) of section 129a of title 10, United States Code. Such guidance shall include defining the seven required elements of the analysis under such subsection, on either a Department-wide or component level.
- (b) Additional limitations on reductions
- Such section 129a is amended in subsection (b) by inserting after the following: .
- (c) Additional requirements
- Such section 129a is amended by adding at the end the following:
- (h) Report to congressional defense committees
- Not later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b).
- (h) Report to congressional defense committees
- Such section 129a is amended by adding at the end the following:
- (d) RIF notification
- Section 1597(d) of title 10, United States Code, is amended—
- in the subsection heading, by inserting after ;
- by striking
or furlough ofand insertingfurlough, or significant reduction of over 50; and - by adding after the period at the end the following: .
The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.
- Section 1597(d) of title 10, United States Code, is amended—
- (e) Briefing
- Not later than 60 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall provide the congressional defense committees with a briefing on the following:
- The implementation of subsection (a) of this section.
- Efforts to update DOD Directive 1100.4 and DOD Instruction 1100.22 to address the analysis required under subsection (b) of such section 129a, as amended by this section.
- Not later than 60 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall provide the congressional defense committees with a briefing on the following:
Sec. 1109. Exemption from civilian hiring freeze for delayed DOD appointments due to active duty.
- (a) In general
- The hiring freeze implemented by the Presidential Memorandum issued on January 20, 2025, titled , or any extension of such Memorandum or freeze, shall not apply to any individual who received a final job offer before January 20, 2025, with respect to a position within the Department of Defense but did not occupy such position solely as a result of such individual performing active service (as that term is defined in section 101 of title 10, United States Code) as a member of the Armed Forces.
Hiring Freeze
- The hiring freeze implemented by the Presidential Memorandum issued on January 20, 2025, titled , or any extension of such Memorandum or freeze, shall not apply to any individual who received a final job offer before January 20, 2025, with respect to a position within the Department of Defense but did not occupy such position solely as a result of such individual performing active service (as that term is defined in section 101 of title 10, United States Code) as a member of the Armed Forces.
- (b) Application
- This section shall not be construed to confer any right or benefit to any individual, or require the Department of Defense to hire any individual if the applicable position no longer exists, unless otherwise required by law.
Sec. 1110. Limitation on use of funds to limit collective bargaining.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to implement Executive Order 14251, issued on March 27, 2025, relating to Exclusions from Federal labor management relations programs, or any following policy or guidance.
Sec. 1111. Personnel actions against DOD SES career appointees.
- (a) Authority
- (1) In general
- The head of any element of the Department of Defense may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a career appointee at the element if the head determines that the documented misconduct or performance of the career appointee warrants such action.
- (2) Removal from civil service
- If a head removes an individual under paragraph (1), the head may remove the individual from the civil service.
- (1) In general
- (b) Rights and procedures
- (1) In general
- An individual who is the subject of an action under subsection (a)—
- is entitled to advance notice of the action and a file containing all evidence in support of the proposed action;
- may be represented by an attorney or other representative of the covered individual’s choice; and
- may grieve the action in accordance with an independent grievance process that the Secretaries of the military departments shall establish for purposes of this subsection.
- An individual who is the subject of an action under subsection (a)—
- (2) Time periods
- (A) Aggregate period
- The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
- (B) Response period
- The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
- (C) Decision period
- A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
- (D) Grievance process period
- The Secretaries shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.
- (E) Waiver
- The applicable Secretary may waive the requirements of subparagraphs (A) through (D) if the Secretary for good cause determines such waiver is in the interests of due process.
- (A) Aggregate period
- (3) Finality of decisions
- A decision under paragraph (2) that is not grieved, and a grievance decision under such subparagraph, shall be final and conclusive, except as provided in paragraph (4).
- (4) MSPB appeal
- An individual may appeal a final decision under paragraph (3) to the Merit Systems Protection Board. The Board shall, within 120 days of the filing of the appeal, decide the appealable action in accordance with the Board's appellate procedures under section 7701 of title 5, United States Code, and this section.
- (5) Relation to other provisions of law
- Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title shall apply to an action under paragraph (1) unless otherwise provided by this section.
- (1) In general
- (c) Sunset
- This section and the authority under this section shall terminate on September 30, 2030.
- (d) Definitions
- In this section—
- the term
career appointeehas the meaning given that term in section 3132(a) of title 5, United States Code. - the term
civil servicehas the meaning given that term in section 2101 of such title 5; and - the term includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
misconduct
- the term
- In this section—
Subtitle B—Defense Hiring Modernization Act of 2025
Sec. 1121. Short title.
This subtitle may be cited as the . Defense Hiring Modernization Act of 2025
Sec. 1122. Amendments to title 5, United States Code.
- (a) Modernizing competitive hiring authorities for Department of Defense
- Section 3301 of title 5, United States Code, is amended—
- by striking and inserting ; and
- (b) DOD procedures
- The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.
- (b) DOD procedures
- by adding at the end the following new subsection:
- by striking and inserting ; and
- Section 3301 of title 5, United States Code, is amended—
- (b) Modernizing public notice requirements
- The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.
- Section 3327 of title 5, United States Code, is amended by adding at the end the following:
- (c) Elimination of time-in-grade restrictions
- Section 3361 of title 5, United States Code, is amended—
- by striking and inserting ; and
- (b) DOD promotions
- Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.
- (b) DOD promotions
- by adding at the end the following:
- by striking and inserting ; and
- Section 3361 of title 5, United States Code, is amended—
- (d) Shared talent pools and structured assessments
- Subchapter I of of title 5, United States Code, is amended by adding at the end the following (and conforming the table of sections at the beginning of such subchapter accordingly): chapter 33
- (a) Shared talent pools
- The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks.
- (b) Structured assessments
- The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.
- (a) Shared talent pools
- Subchapter I of of title 5, United States Code, is amended by adding at the end the following (and conforming the table of sections at the beginning of such subchapter accordingly): chapter 33
- (e) Report
- Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees on the impact of this subtitle and the amendments made by this subtitle on hiring at the Department of Defense. Such report shall include an analysis on the impact on the length of the hiring process, the quality of applicants, the useability of the system for applicants and the Department, the total number of individuals appointed through alternative job postings, the total number of individuals appointed from a shared applicant pool, and any identified challenges to hiring.
Title XII—Matters relating to foreign nations
Subtitle A—Assistance and training
Sec. 1201. Authority to build capacity for space domain awareness.
Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- Space domain awareness.
Sec. 1202. Modification of authority to build capacity of foreign security forces.
Subsection (g)(2) of section 333 of title 10, United States Code, is amended by striking after .
Sec. 1203. Modifications to Irregular Warfare Center and Regional Defense Fellowship Program.
Section 345 of title 10, United States Code, is amended as follows:
- In the matter preceding subparagraph (A) of subsection (a)(1), by striking
mayand insertingshall. - In subsection (c)(4)(B), by striking
The Director of the Defense Security Cooperation Agencyand insertingThe Commander of United States Special Operations Command, reporting directly to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict,.
Sec. 1204. Modification of public reporting of Chinese military companies operating in the United States.
Section 1260H(g)(2)(B)(i)(I) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note) is amended by adding at the end before the following: “operating inside or outside of China”. ; or Public Law 116–283; 10 U.S.C. 113
Sec. 1205. Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United States and certain partner countries.
- (a) Statement of policy
- It is the policy of the United States to support and encourage further defense collaboration with Israel in areas of emerging technologies capable of enabling the warfighting capabilities of both the United States and Israel to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.
- (b) Authority
- The Secretary of Defense, upon request by the Ministry of Defense of a covered partner country and in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, is authorized to carry out, jointly with the covered partner country, research, development, test, and evaluation of emerging technologies to further the warfare capabilities of the United States and the covered partner country to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.
- (c) Protection of sensitive information
- Any activity carried out pursuant to the authority of subsection (b) shall be conducted in a manner that robustly protects sensitive information and the national security interests of the United States and the covered partner country.
- (d) Applicability of export control restrictions
- Any activity authorized under subsection (b), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to—
- the Export Administration Regulations under subchapter C of title 15, Code of Federal Regulations; and
- all other laws applicable to the control of arms exports.
- Any activity authorized under subsection (b), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to—
- (e) Report
- None of the activities described in subsection (b) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following:
- A memorandum of agreement between the United States and the covered partner country regarding sharing of costs and security safeguards for the activities described in subsection (b), and any supporting documents.
- A certification that such memorandum of agreement—
- requires sharing of costs of the activities and security safeguards described in subsection (b), including in-kind support, between the United States and the covered partner country;
- establishes the rights of the United States to any intellectual property developed under the memorandum of agreement;
- requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the government of the covered partner country, including—
- (i) a description of what the funds have been used for;
- (ii) a description of when funds were expended;
- (iii) an identification of entities that expended the funds; and
- (iv) the export control regimes in place in the covered partner country to protect sensitive technology, including related intellectual property and innovation efforts; and
- includes robust safeguards against the ability of the People’s Republic of China or other foreign adversaries of the United States from, directly or indirectly, accessing, acquiring, or benefitting from any potential innovation, technology, research, product, or application funded, produced, or utilized by the partnership.
- None of the activities described in subsection (b) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following:
- (f) Lead agency
- Not earlier than the date on which the Secretary of Defense submits the first report pursuant to subsection (e), the Secretary shall designate the Irregular Warfare Technology Support Directorate of the Department of Defense as the lead agency of the Department in carrying out this section.
- (g) Semiannual reports
- The Secretary of Defense shall submit to the appropriate congressional committees on a semiannual basis a report that contains a copy of the most recent semiannual report provided by the government of each covered partner country to the Department of Defense pursuant to subsection (e)(2)(C).
- (h) Definitions
- In this section—
- the term
appropriate congressional committeesmeans— - the term
covered partner countrymeans a country that, as of June 1, 2025, has signed a bilateral agreement with the United States that is managed by the Irregular Warfare Technology Support Directorate of the Department of Defense.
- the term
- In this section—
Sec. 1206. Cybersecurity integration.
- (a) In general
- The Secretary of Defense, in coordination with the Secretary of State, shall cooperate with the Government of Panama to seek to integrate cybersecurity into current and future joint training exercises.
- (b) Purpose
- The cybersecurity integration in subsection (a) should—
- incorporate elements of the Cyber Cooperation Arrangement;
- provide technical assistance and training, and enhance joint cooperation to improve mitigation, deterrence, and detection of cyberattacks and cyber vulnerabilities on critical infrastructure in and around the Panama Canal; and
- incorporate cybersecurity activities into current and potential joint exercises conducted between the United States Government and the Government of Panama to improve the security of the Panama Canal.
- The cybersecurity integration in subsection (a) should—
- (c) Activities
- Activities to further the purpose described in subsection (b) may include—
- information sharing with the Panama Canal Authority and the Government of Panama regarding cybersecurity threats and incidents;
- technical assistance to the Panama Canal Authority and the Government of Panama on detection and mitigation of cyberattacks in order to improve response activities, including advising national computer security incident response teams;
- conducting joint cybersecurity training exercises and other information sharing activities relating to cybersecurity with the Government of Panama, including by—
- supporting participation by the Government of Panama in existing cybersecurity training facilitated or managed by the Department of Defense and approved by the Secretary of Defense;
- incorporating cyber elements into existing joint training exercises, such as PANAMAX; and
- conducting an annual table-top cybersecurity exercise; and
- conducting activities as the Secretary considers appropriate, consistent with the purposes described in subsection (b) for the cybersecurity integration described in subsection (a).
- Activities to further the purpose described in subsection (b) may include—
- (d) Report and briefing
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report and briefing on—
- implementation of this section and any challenges related to implementation; and
- any cyber threats, such as ransomware attacks, on critical infrastructure in and around the Panama Canal, along with actions taken to address and mitigate these threats.
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report and briefing on—
- (e) Protection of sensitive information
- Any activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.
Subtitle B—Matters relating to Israel
Sec. 1211. War Reserve Stockpile authority for Israel.
Section 12001(d) of the Department of Defense Appropriations Act, 2005 (; 118 Stat. 1011) is amended by striking January 1, 2027and inserting January 1, 2029. Public Law 108–287
Sec. 1212. Modification and extension of United States-Israel anti-tunnel cooperation.
Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 ( note) is amended by striking December 31, 2026and inserting December 31, 2028. 22 U.S.C. 8606
Sec. 1213. Extension and modification of United States-Israel cooperation to counter unmanned systems in all warfighting domains.
- (a) In general
- Section 1278 of the National Defense Authorization Act for Fiscal Year 2020 ( note) is amended— 22 U.S.C. 8606
- in the section heading, by striking and inserting ;
- in subsection (a)—
- in the subsection heading to read as follows: ;
united states-israel program on countering unmanned systems - in paragraph (1)—
- (i) by striking
to establish capabilitiesand insertingto accelerate development of advanced technologies; and - (ii) by striking
unmanned aerial systemsand insertingunmanned systems in all warfighting domains;
- (i) by striking
- by redesignating paragraph (2) as paragraph (3);
- (2) Activities
- The activities required by this subsection may include the following:
- Collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel.
- Joint training exercises and information-sharing mechanisms to maximize the sharing of technical expertise, data, and tactics related to emerging unmanned systems and related threats.
- Development of joint technical requirements.
- Collaborative development and evaluation of novel systems with defense industry partners.
- Coordination with acquisition program offices of the United States and Israel military service departments, components, and commands to expedite deployment of relevant systems and enhance military readiness.
- The activities required by this subsection may include the following:
- (2) Activities
- by inserting after paragraph (1) the following:
- in paragraph (3) (as so redesignated), by striking
activities described in paragraph (1)and insertingactivities described in this subsection;
- in the subsection heading to read as follows: ;
- in subsection (b)—
- in paragraph (3)(B), by striking ; and
- in paragraph (4), by striking
$55,000,000and inserting$70,000,000;
- in subsection (c), by striking
an appropriate research and development entity of a military departmentand insertingthe Irregular Warfare Technology Support Directorate; - by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
- (e) Annual report
- The Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including—
- an assessment of progress made by the United States and Israel in addressing unmanned systems threats and requirements;
- an assessment of the program’s collaboration with other United States Government programs and defense contractors;
- an update on efforts to transition capabilities to acquisition program managers for fielding by United States or Israeli military services, components, and commands; and
- recommendations for future program activities and funding.
- The Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including—
- (e) Annual report
- by inserting after subsection (d) the following:
- in subsection (g) (as so redesignated), by striking
December 31, 2026and insertingDecember 31, 2028.
- Section 1278 of the National Defense Authorization Act for Fiscal Year 2020 ( note) is amended— 22 U.S.C. 8606
- (b) Transition provision
- The Secretary of Defense shall continue to carry out the activities authorized by section 1278 of the National Defense Authorization Act for Fiscal Year 2020, as such section was in effect on the day before the date of the enactment of this Act, until such time as the Secretary submits to the appropriate committees of Congress the report required by subsection (a)(2) of such section for purposes of carrying of the activities required by such section, as amended by subsection (a) of this section.
Subtitle C—Matters relating to the Near and Middle East
Sec. 1231. Repeal of war-related reporting requirements for concluded operations.
Section 1221 of the National Defense Authorization Act for Fiscal Year 2006 ( note) is repealed. 10 U.S.C. 113
Sec. 1232. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
- (a) Extension of authority
- Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking
beginning on October 1, 2024, and ending on December 31, 2025and insertingbeginning on October 1, 2025, and ending on December 31, 2026,. Public Law 110–181
- Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking
- (b) Extension of limitation on amount
- Subsection (d)(1) of such section is amended by striking
beginning on October 1, 2024, and ending on December 31, 2025and insertingbeginning on October 1, 2025, and ending on December 31, 2026,.
- Subsection (d)(1) of such section is amended by striking
Sec. 1233. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
Section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (; 128 Stat. 3541) is amended— Public Law 113–291
- in subsection (a), by striking
December 31, 2025and insertingDecember 31, 2026; - in subsection (e)(1)—
- in the matter preceding subparagraph (A), by striking ; and
- in subparagraph (A), by striking
Shia militias aligned with or supporting the Government of Syriaand insertingShia militias previously aligned with or supporting the Assad government; and
- in subsection (l)(3)(E)), by striking
December 31, 2025and insertingthe date specified in the matter preceding paragraph (1) of subsection (a).
Sec. 1234. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Section 1236 of the Carl Levin and Howard P. McKeon National Defense Authorization Act for Fiscal Year 2015 (; 128 Stat. 3559) is amended— Buck Public Law 113–291
- in subsection (a), by striking
December 31, 2025and insertingDecember 31, 2026; - by striking subsection (g);
- by redesignating subsections (h) through (o) as subsections (g) through (n), respectively;
- in paragraph (1)(C)(i) of subsection (i) (as so redesignated), by striking
subsection (l)(2)and insertingsubsection (k)(2); - in paragraph (2) of subsection (k) (as so redesignated)—
- in subparagraph (B)(ii), by striking
subsection (j)(1)(C)and insertingsubsection (i)(1)(C); and - in subparagraph (C), by striking
subsection (k)and insertingsubsection (j); and
- in subparagraph (B)(ii), by striking
- in paragraph (6) of subsection (n) (as so redesignated), by striking
December 31, 2025and insertingDecember 31, 2026.
Sec. 1235. Counter-terrorism support.
- (a) Authority to provide support
- Subsection (a)(1) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (; note) is amended— Public Law 114–92; 22 U.S.C. 2151
- in subparagraph (B), by striking
with Syriaand insertingwith any other country; and - in subparagraph (C), by striking
with Libyaand insertingwith any other country.
- in subparagraph (B), by striking
- Subsection (a)(1) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (; note) is amended— Public Law 114–92; 22 U.S.C. 2151
- (a) Support to Government of Lebanon
- Subsection (c)(2) of such section is amended by adding at the end the following: .
Such support may be used only to promote the ability of the armed forces of Lebanon to counter the threat posed by Lebanese Hezbollah, Hamas, ISIS, and any other terrorist organization that threaten the security of Lebanon and its neighbors.
- Subsection (c)(2) of such section is amended by adding at the end the following: .
- (b) Extension of authority
- Subsection (h) of such section is amended by striking
December 31, 2025and insertingDecember 31, 2026.
- Subsection (h) of such section is amended by striking
Sec. 1236. Prohibition on funding to Badr Organization.
None of the funds authorized to be appropriated by this Act or otherwise made available to the Secretary of Defense for fiscal year 2026 may be made available to the Badr Organization.
Subtitle D—Reports and strategies
Sec. 1241. Modification and extension of annual report on military and security developments involving the Russian Federation.
Section 1234 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; 134 Stat. 3936) is amended— Public Law 116–283
- (b) Matters to be included
- The report required under subsection (a) shall include the following:
- The goals, factors, and trends shaping Russia’s security strategy and military strategy, including military spending and investment priorities.
- Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the Russian Armed Forces.
- An assessment of the force structure, readiness, and capabilities of the Russian Armed Forces.
- An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in the Arctic and the North Atlantic region.
- An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces as they relate to the North Atlantic Treaty Organization (NATO), including the force posture of Russian Armed Forces deployed adjacent to NATO’s borders, including in Kaliningrad.
- An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in Ukraine or adjacent to Ukraine’s borders.
- An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces in the Baltic and Black Seas.
- An assessment of the reconstitution efforts of the Russian Armed Forces, including its ability to restore losses from the war in Ukraine and to expand its force beyond 2022 levels.
- An assessment of the impact of United States and international sanctions on the Russian military’s reconstitution efforts, including an assessment of the impact of removing sanctions on the Russian military’s reconstitution efforts.
- An assessment of what the Russian Armed Forces has learned from the war in Ukraine and how it has applied those lessons.
- An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Latin America and the Caribbean.
- An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Indo-Pacific, with a specific emphasis on how such strategy, objectives, and force posture affect the People’s Republic of China.
- An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Middle East.
- An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Africa.
- A description of Russia’s overseas military basing, military logistics capabilities, and infrastructure to project power.
- A summary of all significant Russian cooperation with foreign forces, including major training and exercises, foreign deployments, and basing agreements—specifying for each Russian foreign deployment the number of force deployed, the types of capabilities deployed, the length of the deployment, and any agreement enabling or governing the deployment.
- An assessment of relations between the Russian Federation and Iran, the People’s Republic of China, and North Korea, with respect to security and military matters.
- An assessment of the proliferation activities of Russia and Russian entities, including activities relating to the supply of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems to other states or non-state actors.
- An assessment of Russia’s nuclear program and capabilities, including
- its nuclear strategy and associated doctrines;
- the size and state of its stockpile and projections of its future arsenals;
- its civil and military production capacities; and
- the modernization and force structure of its strategic forces.
- A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities.
- A description of Russia’s anti-access and area denial capabilities.
- A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.
- An assessment of Russia’s space and counterspace programs and capabilities.
- An assessment of Russia’s cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure).
- An assessment of any influence operations or campaigns by the Russian Federation targeting the United States, any military alliances and partnerships of which the United States is a member, or treaty allies of the United States, including:
- the objectives of such operations;
- the tactics, techniques, and procedures used; and
- the impact of such operations on the United States, military alliances or partnerships of which the United States is a member, or treaty allies of the United States;
- detail regarding any campaign that specifically targeted U.S. Department of Defense personnel; and
- the metrics used to judge the impact of such operations.
- An assessment of how Russian private military companies are being utilized to advance the security interests of the Russian Federation;
- An assessment of the threat perception of the Russian Federation by U.S. allies and partners in the Indo-Pacific.
- Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.
- The report required under subsection (a) shall include the following:
- in subsection (b) to read as follows:
- in subsection (g), by striking
January 31, 2026and insertingJanuary 31, 2030.
Sec. 1242. Report on United States deterrence and defense posture in the European region.
- (a) Report required
- (1) In general
- At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Commander of the United States European Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:
- The implementation of the National Defense Strategy with respect to the European region.
- The maintenance of the comparative military advantage of the United States and North Atlantic Treaty Organization (NATO) with respect to the Russian Federation.
- The reduction of the risk of executing contingency plans of the Department of Defense, including contingency plans conducted by United States Central Command and United States Africa Command.
- The maintenance of the capability and capacity to defense the homeland forward.
- At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Commander of the United States European Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:
- (2) Matters to be included
- The report required by paragraph (1) shall include the following:
- With respect to the achievement of the objectives described in paragraph (1), a description of the intended force structure and posture of assigned and allocated forces in each NATO member country.
- An assessment of the capability requirements to achieve such objectives.
- An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
- An identification of required infrastructure and military construction investments to achieve such objectives.
- An assessment of security cooperation authorities, activities, or resources required to achieve such objectives.
- (F)
- (i) A plan to fully resource United States force posture and capabilities, including—
- a detailed assessment of the resources necessary to address the elements described in subparagraphs (A) through (E), including specific cost estimates for recommended investments or projects—
- to maintain a posture and presence of the United States Armed Forces that meet the objectives of paragraph (1);
- to maintain the logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel that meet the objectives of paragraph (1);
- to carry out a program of exercises, training, experimentation, and innovation for the joint force that meet the objectives of paragraph (1);
- to maintain the infrastructure to ensure the responsiveness and resiliency of the United States Armed Forces within NATO in order to meet the objectives of paragraph (1);
- to build the defense and security capabilities, capacity, and cooperation of allies and partners that meet the objectives of paragraph (1); and
- to modernize the capabilities available to United States European Command to meet the objectives of paragraph (1); and
- a detailed timeline to achieve the intended force structure and posture described in clause (i).
- (ii) The specific cost estimates required by clause (i)(I) shall, to the maximum extent practicable, include the following:
- With respect to procurement accounts—
- amounts displayed by account, budget activity, line number, line item, and line item title; and
- a description of the requirements for each such amount.
- With respect to research, development, test, and evaluation accounts—
- amounts displayed by account, budget activity, line number, program element, and program element title; and
- a description of the requirements for each such amount.
- With respect to operation and maintenance accounts—
- amounts displayed by account title, budget activity title, line number, and subactivity group title; and
- a description of the specific manner in which each such amount would be used.
- With respect to military personnel accounts—
- amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
- a description of the requirements for each such amount.
- With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
- With respect to any expenditure or proposed appropriation not described in subclauses (I) through (V), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code.
- (iii) A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States European Command with the amounts contained in the budget display for the applicable fiscal year.
- The report required by paragraph (1) shall include the following:
- (3) Form
- The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified summary.
- (1) In general
- (b) Briefing required
- Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under subsection (a), including their assessments of the feasibility and advisability of the plan required by subsection (a)(2)(F).
Title XIII—Other matters relating to foreign nations
Subtitle A—Matters relating to Europe
Sec. 1301. Allied contributions to United States force posture on NATO’s eastern flank.
- (a) Sense of Congress
- It is the sense of Congress that—
- the United States remains steadfast in its ironclad commitment to the North Atlantic Treaty Organization (NATO) as the foundation of transatlantic security and to upholding its obligations under the North Atlantic Treaty, including its commitment to collective defense under Article 5 of the Treaty;
- at this time, United States forces stationed in and deployed to NATO’s eastern flank remain critical to conventional deterrence and defense on the European continent; and
- NATO allies should strengthen the alliance by contributing further to the costs associated with the alliance’s force posture on NATO’s eastern flank, including United States forces stationed in and deployed to other allied countries, not solely within their own national borders, using the authorities of section 2350j of title 10, United States Code, as amended by subsection (b).
- It is the sense of Congress that—
- (b) Amendments
- Section 2350j of title 10, United States Code, is amended—
- in subsection (b), by inserting before ;
- in subsection (c)—
- in the matter preceding paragraph (1), by inserting before the colon at the end the following: ;
- in paragraph (1), by adding at the end before the period the following: ;
in the host nation or another country - in paragraph (2), by adding at the end before the period the following: ;
in the host nation or another country - in paragraph (3), by adding at the end before the period the following: ; and
in the host nation or another country- Sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.
- by adding at the end the following:
- by redesignating subsection (f) as subsection (g);
- (f) Limitation on availability of contributions for costs of military construction projects
- The authority to provide for the payment of military construction projects of the Department of Defense under subsection (c)(2) may be exercised only with respect to contributions accepted under subsection (a) on or after the date of the enactment of this subsection.
- (f) Limitation on availability of contributions for costs of military construction projects
- by inserting after subsection (e) the following:
- The amount of such burden sharing contributions expended, by eligible category, including compensation for—
- (i) local national employees;
- (ii) military construction projects;
- (iii) supplies and services of the Department of Defense; and
- (iv) sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.
- The amount of such burden sharing contributions expended, by eligible category, including compensation for—
- in paragraph (2) of subsection (g) (as so amended), by amending subparagraph (E) to read as follows:
- Section 2350j of title 10, United States Code, is amended—
- (c) Definition
- In this section, the term —
sustainment of United States armed forces- means the provision of the reasonable and proper costs of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country, for fuel, transportation, force protection including cyber protection, training ammunition, utilities, medical and maintenance services, including that which is required to keep infrastructure, pre-positioned stocks, and equipment in good working order; and
- does not include pay, allowances, and other normal benefits to which the United States forces are entitled.
- In this section, the term —
Sec. 1302. Extension and modification of Ukraine Security Assistance Initiative.
- (a) In general
- Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (; 129 Stat. 1068) is amended— Public Law 114–92
- (7) Presidential determination
- None of the amounts authorized to be appropriated by subsection (f) for a fiscal year may be obligated or expended for that fiscal year until the date on which the President submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a written determination that doing so is in the national interest of the United States.
- in subsection (c), by adding at the end the following:
- For fiscal year 2026, $300,000,000.
- For fiscal year 2027, $300,000,000.
- in subsection (f), by adding at the end the following:
- in subsection (h), by striking
December 31, 2026and insertingDecember 31, 2028.
- (7) Presidential determination
- Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (; 129 Stat. 1068) is amended— Public Law 114–92
- (b) Applicability
- The amendment made by subsection (a)(1) shall apply beginning with amounts authorized to be appropriated or otherwise made available for fiscal year 2026.
Sec. 1303. Extension of report relating to allied and partner support to Ukraine.
Section 1243 of the National Defense Authorization Act for Fiscal Year 2024 (; 137 Stat. 460) is amended— Public Law 118–31
- in subsection (a)—
- in paragraph (1), by striking
andat the end; - by redesignating paragraph (2) as paragraph (3); and
- all allied contributions to Jumpstart Foreign Military Sales cases or any similar initiatives; and
- by inserting after paragraph (1) the following:
- in paragraph (1), by striking
- in subsection (c), by striking “January 1, 2025” and inserting “January 1, 2027”.
Sec. 1304. Oversight of United States force posture in Europe.
- (a) In general
- Until the date that is 90 days after the date on which the Commander of the United States European Command and the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, have each independently submitted to the appropriate congressional committees the certifications and assessments described in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used—
- to take any action to reduce the total number of members of the Armed Forces assigned, deployed, or allocated to the United States European Command and present in the European theater to a number less than 76,000; or
- to divest, consolidate, or otherwise return to a host country any sites included in the real property inventory of the United States European Command as of June 1, 2025.
- Until the date that is 90 days after the date on which the Commander of the United States European Command and the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, have each independently submitted to the appropriate congressional committees the certifications and assessments described in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used—
- (b) Certifications and assessments described
- The certifications and assessments described in this subsection shall include the following:
- A certification that such a reduction, divestment, consolidation, or return of forces from Europe is in the national security interests of the United States, including a justification explaining the analysis behind such certification.
- A certification that the Secretary has consulted appropriately with North Atlantic Treaty Organization (referred to in this section as ) allies and partners regarding such a reduction, divestment, consolidation, or return.
NATO - An assessment of the threat the Russian Federation poses to NATO in the near-, medium-, and long-term.
- A description of the requirements being prioritized that necessitate such a reduction, divestment, consolidation, or return.
- An analysis of the impact of such a reduction, divestment, consolidation, or return on the security of the United States, as well as the deterrence and defense posture of NATO.
- An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to support or execute the contingency plans of the Department of Defense, including operations—
- conducted by the United States European Command, within the area of responsibility of the European Command; or
- by the United States Central Command and the United States Africa Command, leveraging agreements with countries in the area of responsibility of the European Command regarding access, basing, or overflight.
- An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to defend the homeland forward.
- An analysis of the impact of such a reduction, divestment, consolidation, or return on military training and major military exercises, including on interoperability with NATO allies and partners.
- A description of consultations with NATO, as well as NATO allies and partners, regarding such a reduction, divestment, consolidation, or return.
- A plan for how the United States will coordinate with NATO to ensure that NATO can assume the capabilities and responsibilities of the members of the United States Armed Forces withdrawn as a result of such a reduction, divestment, consolidation, or return.
- An assessment of the impact of such a reduction, divestment, consolidation, or return on transatlantic cooperation to deter the People’s Republic of China.
- The certifications and assessments described in this subsection shall include the following:
- (c) Appropriate congressional committees defined
- In this section, the term
appropriate congressional committeesmeans—- the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
- In this section, the term
- (d) Sunset
- The limitation in subsection (a) shall terminate on September 30, 2026.
Subtitle B—Matters relating to the Indo-Pacific region
Sec. 1311. Extension and modification of Pacific Deterrence Initiative.
- (a) In general
- Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note) is amended— 10 U.S.C. 113
- by striking
the National Defense Authorization Act for Fiscal Year 2025and insertingthe National Defense Authorization Act for Fiscal Year 2026; and - by striking
fiscal year 2025and insertingfiscal year 2026.
- by striking
- Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note) is amended— 10 U.S.C. 113
- (b) Report
- Subsection (d)(1)(A) of such section is amended by striking
fiscal years 2026 and 2027and insertingfiscal years 2027 and 2028.
- Subsection (d)(1)(A) of such section is amended by striking
- (c) Plan required
- Subsection (e) of such section is amended by striking
fiscal years 2026 and 2027and insertingfiscal years 2027 and 2028.
- Subsection (e) of such section is amended by striking
Sec. 1312. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; 134 Stat. 3955) is amended by striking fiscal year 2025and inserting fiscal year 2026. Public Law 116–283
Sec. 1313. Taiwan Security Cooperation Initiative.
Subsection (d) of section 1323 of the National Defense Authorization Act for Fiscal Year 2025 () is amended— Public Law 118–159
- by striking and inserting the following:
- Of the amounts
- Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a).
- by adding at the end the following:
Sec. 1314. Extension of deterrence pilot program.
Section 1314(c) of the National Defense Authorization Act for Fiscal Year 2025 (; note) is amended by striking December 31, 2027and inserting December 31, 2030. Public Law 118–159; 10 U.S.C. 311
Sec. 1315. Strategy to strengthen multilateral deterrence in the Indo-Pacific.
- (a) In general
- The Secretary of Defense shall implement a strategy to strengthen multilateral deterrence against regional aggression in the Indo-Pacific region by expanding multilateral coordination with United States allies and partners in the region, with particular emphasis on Japan, the Philippines, and Australia, including through enhancing multilateral access and basing agreements, command and control structures, intelligence-sharing, and exercises and operations.
- (b) Strategy requirements
- The strategy required by subsection (a) shall describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense to—
- leverage reciprocal access agreements between the United States and its Indo-Pacific allies and partners, particularly Japan, the Philippines, and Australia, to expand regional access for these and other allied and partner militaries, including for purposes of enhancing interoperability at locations across the Indo-Pacific region, prepositioning munitions stockpiles, and jointly supporting and leveraging shared facilities, operational access, and infrastructure;
- improve command and control structures enabling enhanced multilateral coordination with Indo-Pacific allies and partners, including through the Combined Coordination Center in the Philippines, the joint force headquarters of the United States in Japan, and a potential combined coordination structure in Australia;
- expand intelligence-sharing and maritime domain awareness among the United States and Indo-Pacific allies and partners, including through the Bilateral Intelligence Analysis Cell in Japan and the Combined Coordination Center in the Philippines; and
- expand the scope and scale of multilateral military exercises and operations in the region, particularly among the United States, Japan, Australia, and the Philippines, including more frequent combined maritime operations through the Taiwan Strait and in the South China Sea.
- The strategy required by subsection (a) shall describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense to—
- (c) Submission; interim report
- (1) Submission of strategy
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the strategy required by subsection (a), including an identification of any changes to funding or policy required to strengthen multilateral deterrence among the United States and allies and partners in the Indo-Pacific against regional aggression.
- (2) Interim report on implementation
- Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the Department’s ability to execute the strategy.
- (1) Submission of strategy
Sec. 1316. Sense of Congress on defense alliance and partnership with South Korea.
It is the sense of Congress that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People’s Republic of China, including by—
- reinforcing the United States alliance with South Korea;
- maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea;
- enhancing mutual defense base cooperation; and
- affirming the United States extended deterrence commitment using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula.
Title XIV—Other Authorizations
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
Sec. 1402. Chemical agents and munitions destruction, defense.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
- (b) Use
- Amounts authorized to be appropriated under subsection (a) are authorized for the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (). 50 U.S.C. 1521
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Sec. 1404. Defense Inspector General.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Sec. 1405. Defense Health Program.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
Subtitle B—Other Matters
Sec. 1411. 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.
- (a) In general
- Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (; 123 Stat. 2573), as most recently amended by section 1421(a) of the National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2129), is amended by striking
September 30, 2026and insertingSeptember 30, 2027. Public Law 111–84; Public Law 118–159
- Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (; 123 Stat. 2573), as most recently amended by section 1421(a) of the National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2129), is amended by striking
- (b) Authority for transfer of funds
- Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $162,500,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. Public Law 111–84
- (c) Use of transferred funds
- For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (; 122 Stat. 4500). Public Law 110–417
Sec. 1412. Amendment to National Defense Stockpile shortfall briefings.
- (a) In general
- Section 14(f)(2) of the Strategic and Critical Materials Stock Piling Act () is amended— 50 U.S.C. 98h-5(f)(2)
- a list of the materials described in such paragraph and, for each such material—
- (i) a description of the material;
- (ii) the priority of the material; and
- (iii) the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall of such material in the stockpile;
- by amending subparagraph (A) to read as follows:
- in subparagraph (B), by striking
andat the end; - in subparagraph (C), by striking the period at the end and inserting a semicolon; and
- verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10, United States Code);
- the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year;
- a description of any progress or mitigation plans based on recommendations to address such shortfall that were made in reports submitted under subsection (a) prior to such briefing;
- a description of the risks resulting from the inability of the armed services to provide comprehensive data for all strategic and critical materials;
- the cost to remedy all such shortfalls; and
- the cost to remedy such shortfalls for such materials that are a priority.
- by adding at the end the following new subparagraphs:
- a list of the materials described in such paragraph and, for each such material—
- Section 14(f)(2) of the Strategic and Critical Materials Stock Piling Act () is amended— 50 U.S.C. 98h-5(f)(2)
- (b) Implementation briefing
- Not later than February 1, 2026, the Secretary of Defense and the Director of the Defense Logistics Agency shall jointly provide to congressional defense committees a briefing on the progress of implementing the recommendations in the report of the Government Accountability Office titled and dated September 10, 2024 (GAO-24-106959), including—
National Defense Stockpile: Actions Needed to Improve DOD’s Efforts to Prepare for Emergencies- the specific actions taken to implement such recommendations;
- an explanation of any obstacles to implementing such recommendations;
- a description of any planned actions to implement such recommendations; and
- for each such recommendation not fully implemented as of the date of such briefing, an estimate of the date on which such recommendation will be fully implemented.
- Not later than February 1, 2026, the Secretary of Defense and the Director of the Defense Logistics Agency shall jointly provide to congressional defense committees a briefing on the progress of implementing the recommendations in the report of the Government Accountability Office titled and dated September 10, 2024 (GAO-24-106959), including—
Sec. 1413. Beginning balances of the Defense Logistics Agency Working Capital Fund for audit purposes.
For purposes of an audit conducted under of title 10, United States Code, of the Defense Logistics Agency Working Capital Fund established pursuant to section 2208 of title 10, United States Code, Working Capital Funds— chapter 9A
- the Fund Balance with Treasury opening balance for October 1, 2024, for United States Standard General Ledger Account 101000 is $3,483,483,641.67, as recorded in official accounting records;
- the Unexpended Appropriations–Cumulative opening balance for October 1, 2024, for United States Standard General Ledger Account 310000 is $883,887,145.71, as recorded in official accounting records;
- the Cumulative Results of Operations opening balance for October 1, 2024, for United States Standard General Ledger Account 331000 is $27,271,547,121.85, as recorded in official accounting records;
- the Contract Authority Carried Forward opening balance for October 1, 2024, for United States Standard General Ledger Account 413900 is $13,130,151,985.39, as recorded in official accounting records;
- the Total Actual Resources–Collected opening balance for October 1, 2024, for United States Standard General Ledger Account 420100 is $3,578,944,883.86, as recorded in official accounting records; and
- the Unapportioned–Unexpired Authority opening balance for October 1, 2024, for United States Standard General Ledger Account 445000 is $507,354,134.72, as recorded in official accounting records.
Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home.
There is hereby authorized to be appropriated for fiscal year 2026 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.
Title XV—Cyberspace-Related Matters
Subtitle A—Cyber Operations
Sec. 1501. Accountability of the Authorization to Operate processes.
Section 1522 of the National Defense Authorization Act for Fiscal Year 2025 (; note) is amended— Public Law 118–159; 10 U.S.C. 2223
- in subsection (b)(2)—
- in subparagraph (C), by striking
andat the end; - in subparagraph (D), by striking the period at the end and inserting a semicolon; and
- defines Department of Defense-wide, mandatory timelines for activities performed by authorizing officials with respect to an Authorization to Operate for cloud-hosted platforms, services, and applications; and
- establishes processes and policies, developed in coordination with the Chief Information Officers of the military departments, for the boards established in subsections (c) and (d).
- by adding at the end the following new subparagraphs:
- in subparagraph (C), by striking
- by redesignating subsections (c) and (d) as subsections (e) and (g), respectively;
- (c) Establishment of Authority-to-Operate Expedited Appeals Board for the Department of Defense
- (1) In general
- Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the .
Authority-to-Operate Expedited Appeals Board
- Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the .
- (2) Responsibilities
- (A) In general
- The board established under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.
- (B) Submission
- A relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
- (i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; and
- (ii) as of the date of such submission, such authorizing official has not made a final decision with respect to such Authorization to Operate.
- A relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
- (C) Authorizing official authority
- Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
- (A) In general
- (3) Submission for consideration
- The Secretary of Defense shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established under paragraph (1) a request for a decision under paragraph (2).
- (4) Board requirements
- (A) Membership
- The board established under paragraph (1) shall be composed of the following members:
- (i) The Chief Information Officer of the Department of Defense.
- (ii) The Commander of the United States Cyber Command.
- (iii) The Director of the Defense Information Systems Agency.
- (iv) Any other official determined appropriate by the chair of such board.
- The board established under paragraph (1) shall be composed of the following members:
- (B) Chair
- The chair of the board established under paragraph (1) shall be the Chief Information Officer of the Department of Defense.
- (C) Frequency
- The board established under paragraph (1) shall meet not less than frequently than quarterly.
- (A) Membership
- (5) Existing forum
- (A) In general
- The Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if—
- (i) the body so designated is in existence as of the date of the enactment of this subsection: and
- (ii) the responsibilities of such body relate to managing risks for information technologies.
- The Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if—
- (B) Effects
- If the Secretary of Defense designates a body under subparagraph (A)—
- (i) paragraph (1) shall not apply with respect to the Secretary; and
- (ii) such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
- If the Secretary of Defense designates a body under subparagraph (A)—
- (C) Dissolution
- If the body designated by the Secretary of Defense under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in the Department of Defense to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.
- (A) In general
- (1) In general
- (d) Establishment of Authority-to-Operate Expedited Appeals Board for the military departments
- (1) In general
- Not later than 180 days after enactment of this Act, each Secretary of a military department shall establish in such military department a board.
- (2) Responsibilities
- (A) In general
- Each board established in a military department under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.
- (B) Submission
- A relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
- (i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board;
- (ii) the Authorization to Operate is for an information system of such military department; and
- (iii) as of the date of such submission, the authorizing official for such Authorization to Operate has not made a final decision with respect such Authorization to Operate.
- A relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
- (C) Authorizing official authority
- Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
- (A) In general
- (3) Submission capability
- The Secretary concerned for a military department shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established in such military department under paragraph (1) a request for a decision under paragraph (2).
- (4) Board requirements
- (A) Membership
- A board established in a military department under paragraph (1) shall be composed of the following members:
- (i) The Chief Information Officer of such military department.
- (ii) The service acquisition executive of such military department.
- (iii) The commanders of the relevant service cyber components.
- (iv) Any other official determined appropriate by the chair of such board.
- A board established in a military department under paragraph (1) shall be composed of the following members:
- (B) Chair
- The chair of a board established in a military department under paragraph (1) shall be the Chief Information Officer of such military department.
- (C) Frequency
- Each board established under paragraph (1) shall meet not less than frequently than quarterly.
- (A) Membership
- (5) Existing forum
- (A) In general
- The Secretary of a military department may designate a body in such military department to carry the responsibilities of described in paragraph (2) if—
- (i) the body so designated is in existence as of the date of the enactment of this subsection: and
- (ii) the responsibilities of such body relate to managing risks for information technologies.
- The Secretary of a military department may designate a body in such military department to carry the responsibilities of described in paragraph (2) if—
- (B) Effects
- If the Secretary of a military department designates a body under subparagraph (A)—
- (i) paragraph (1) shall not apply with respect to such Secretary; and
- (ii) such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
- If the Secretary of a military department designates a body under subparagraph (A)—
- (C) Dissolution
- If the body designated by the Secretary of a military department under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in such military department to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.
- (A) In general
- (1) In general
- (c) Establishment of Authority-to-Operate Expedited Appeals Board for the Department of Defense
- by inserting after subsection (b) the following new subsections:
- (f) Biannual report
- (1) In general
- Not later than six months after the date of the enactment of this subsection, and every six months thereafter under October 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on activities under this section in the six-month period ending on the date of the submission of such report.
- (2) Contents
- Each report required under paragraph (1) shall include, for the period covered by such report—
- the number of new Authorizations to Operate;
- the number of Authorizations to Operate evaluated;
- the number of requests for Authorizations to Operate that were denied;
- the number of requests for Authorizations to Operate submitted to the board established under subsection (c);
- the number of requests for Authorizations to Operate resolved by the board established under subsection (c);
- the number of requests for Authorizations to Operate submitted to a board established under subsection (d);
- the number of requests for Authorizations to Operate resolved by a board established under subsection (d);
- the average length of time required for a capability to receive an Authorization to Operate in accordance with the organization’s implementation of the risk management framework publish by the National Institution of Standards and Technology in NIST Special Publication 800-37, or any amendatory or superseding document thereto;
- the number of Authorizations to Operate issued pursuant to the policy required by subsection (b);
- the number of requested reciprocal Authorizations to Operate denied due to insufficiency of supporting evidence; and
- a narrative summary identifying deficiencies in Bodies of Evidence packages that prevented an authorizing official from adopting the security analysis and artifacts, as appropriate, of a cloud-hosted platform, service, or application that has already been authorized by another authorizing official in the Department of Defense in accordance with the policy required by subsection (b).
- Each report required under paragraph (1) shall include, for the period covered by such report—
- (1) In general
- (f) Biannual report
- by inserting after subsection (e), as so redesignated, the following new subsection:
Sec. 1502. Codification of the National Centers of Academic Excellence in Cybersecurity.
- (a) Management of the National Centers of Academic Excellence in Cyber
- (1) In general
- The Director of Cyber Academic Engagement Office shall manage the National Centers of Academic Excellence in Cyber program.
- (2) Responsibilities
- In managing the Program, the Director shall—
- consult with the Director of the National Security Agency, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Director of the National Institute of Standards and Technology, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation, to ensure that the cyber education programs and educational resource development efforts and programs of the Federal Government do not compete or conflict with each other;
- consult with the heads of other appropriate Federal agencies and representatives of appropriate private sector entities, academic institutions, and other organizations as determined necessary by the Director to make the designations under subsection (b); and
- manage instructional and participatory opportunities available through the efforts, programs, initiatives, and investments from primary through postsecondary levels accounted for in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (; 133 Stat. 1758). Public Law 116–92
- In managing the Program, the Director shall—
- (1) In general
- (b) Designations
- (1) In general
- In addition the responsibilities under subsection (a)(2), in carrying out the Program, the Director shall designate academic institutions as National Centers of Academic Excellence in one or more of cyber defense, cyber operations, and cyber research.
- (2) Criteria
- The Director shall make the designations under paragraph (1) based on the following:
- Academic requirements and best practices identified by the Director in consultation with Departments and Agencies enabling the development of educational programs reflecting the full range of cyber work roles specified in the Defense Cyber Workforce Framework, the National Initiative on Cyber Education Workforce Framework for Cyber published by the National Institute of Standards and Technology in NIST Special Publication 800–181, Revision 5, or any successor framework.
- Institutional criteria and requirements emphasizing the following:
- (i) Outreach to the surrounding community of an eligible academic institution.
- (ii) Leadership in contributing to the development of a national cyber workforce, including cultivating educational institution faculty and research leaders.
- (iii) Leadership in the development of educational and performance expectations for cyber professionals, including through curriculum and degree offerings to prepare future cyber professionals of all knowledge and skill levels.
- (iv) Demonstrated commitment to implementing cyber best practices within the eligible academic institution across academic disciplines.
- (v) Demonstrated commitment to seek solutions to challenges in addressing Federal, State, local, territorial, and Tribal level Cyber education needs.
- (vi) Regional accreditation from one of the six regional accrediting agencies recognized by the Federal Department of Education providing external review to assure quality and ongoing improvement.
- Increasing collaboration within the cyber education community to support development and sharing of educational materials and curriculum.
- Increasing collaboration with private sector entities and government employers at the Federal, State, local, territorial, and Tribal levels to further define workforce requirements and assist in defining academic requirements to prepare students for the field of cyber.
- The Director shall make the designations under paragraph (1) based on the following:
- (1) In general
- (c) Metrics and reporting
- (1) Metrics
- The Director shall—
- collaborate with the individuals described in subsection (a)(2)(A) to identify metrics and annual data reporting requirements necessary to assess the degree to which the Program is meeting the objectives of the Program; and
- ensure adequate data and best practices are made available to the individuals described in subsection (a)(2)(A) to measure the efficacy of the Program and the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the Program and sponsors of the Program.
- The Director shall—
- (2) Annual report
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director shall submit to Congress a report on the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the program and sponsors of the Program.
- (1) Metrics
- (d) Definitions
- In this section:
- The term means an eligible and current United States community college, college, academy, institute, or university in the United States for designation under the Program.
academic institution - The term means the office established under section 2192c(a) of title 10, United States Code.
Cyber Academic Engagement Office - The term means the
Directorof the Cyber Academic Engagement Office. - The term means the National Centers of Academic Excellence in Cyber program.
Program
- The term means an eligible and current United States community college, college, academy, institute, or university in the United States for designation under the Program.
- In this section:
Sec. 1503. Assessment of Cyber Operational Support to geographic combatant commands.
- (a) Reports
- Not later than one year after the date of the enactment of this Act, each commander of a unified combatant command, other than the Commander of the United States Cyber Command, shall submit to the congressional defense committees a report assessing the sufficiency of support provided by the Commander of United States Cyber Command in carrying out the mission of such unified combatant command.
- (b) Elements
- Each report submitted by a commander of a unified combatant command under subsection (a) shall include an evaluation of—
- the ability of the United States Cyber Command and the service cyber components to provide to such combatant command capabilities that align with the operational requirements of such commander, including capabilities to support such commander acting with respect to targets on the joint integrated prioritized target list of such commander; and
- such other matters as determined appropriate by such commander.
- Each report submitted by a commander of a unified combatant command under subsection (a) shall include an evaluation of—
Sec. 1504. Limitation on the divestment, consolidation, and curtailment of certain electronic warfare test and evaluation activities.
- (a) Prohibition
- The Secretary of the Army shall not take any action to divest, consolidate, or curtail any electronic warfare test and evaluation activities that were part of an Army element of the Major Range and Test Facility Base on or before the date of the enactment of this Act until the Secretary submits to the congressional defense committees the report described in subsection (b).
- (b) Report
- The report described in this subsection is a report on a decision of the Secretary to divest, consolidate, or curtail an electronic warfare test or evaluation activity described in subsection (a) that contains the following:
- A description of the analytic basis used by the Secretary for making the decision, including matters relating to any cost, workload, and workforce requirements, as well as any analysis relating to operational impact on users of the activities.
- The findings from an independent review by the Director of the Office of Cost Assessment and Program Evaluation of all analyses described in paragraph (1).
- A certification by the Director of the Test Resource Management Center that the analyses described in paragraph (1) and the decision of the Secretary meet the requirement of the Department of Defense, as required by section 4173(c)(1)(B) of title 10, United States Code.
- The report described in this subsection is a report on a decision of the Secretary to divest, consolidate, or curtail an electronic warfare test or evaluation activity described in subsection (a) that contains the following:
Sec. 1505. Incentivization plan for critical skills for members of the Armed Forces to carry out Department of Defense cyber operations.
- (a) Plan required
- The Secretary of Defense, in consultation with the Commander of the United States Cyber Command, shall develop and implement a plan to incentivize critical skills and proficiencies for covered members of the Armed Forces required to carry out Department of Defense cyber operations.
- (b) Elements
- The plan required under subsection (a) shall include the following:
- An identification of critical skills and proficiencies required by covered members of the Armed Forces to carry out Department of Defense cyber operations.
- A process for reassessment of critical skills and identification of lessons learned with respect to such operations.
- An identification of skill sets related to such operations that should require periodic recertification.
- Estimated personnel levels required for each skill set and proficiency related to such operations.
- A process for identifying personnel levels and skills of covered members of the Armed Forces that may be useful for such operations.
- A process for providing continuation or certification pay for each skill set needed for such operations.
- An anticipated budget for incentives to be used with—
- the level of cyber operations personnel as of the date of the enactment of this Act; and
- a level of cyber operations personnel that the Secretary considers to be full capacity.
- The plan required under subsection (a) shall include the following:
- (c) Report
- Not later than March 1, 2026, the Secretary of the Defense shall submit to the congressional defense committees a report containing the plan required under subsection (a).
- (d) Covered members of the Armed Forces defined
- In this section, the term means members of the Army, Navy, Air Force, Marine Corps, and Space Force.
covered members of the Armed Forces
- In this section, the term means members of the Army, Navy, Air Force, Marine Corps, and Space Force.
Sec. 1506. Evaluation of Joint Task Force-Cyber for the Indo-Pacific Area of responsibility.
- (a) Evaluation
- Not later than July 1, 2026, the Secretary of Defense, acting through the Assistant Secretary of Defense for Cyber Policy, in collaboration with the Vice Chairman of the Joint Chiefs of Staff, the Commander of United States Cyber Command, and the Commander of United States Indo-Pacific Command, shall conduct a comprehensive evaluation and provide recommendations on establishing a Joint Task Force-Cyber for the Indo-Pacific Command area of responsibility.
- (b) Evaluation requirements
- The evaluation required under subsection (a) shall include the following:
- An assessment of cyber force employment requirements and capabilities for the Indo-Pacific Command area of responsibility.
- An assessment of the operational requirements for Joint Task Force-Cyber elements in each geographic combatant command area of operations.
- An analysis of the optimal command and control structures for the elements of Joint Task Force-Cyber, including—
- the designation of Joint Task Force Establishing Authority described in Joint Publication 3-33 of the Joint Task Force Headquarters (January 31, 2018);
- the alignment of operational control and tactical control authorities over subordinate forces assigned to Joint Task Force-Cyber; and
- concurrent Joint Task Force Establishing Authority management structures between United States Cyber Command and the United States Indo-Pacific Command.
- An assessment of force structure requirements, including—
- the subordinate forces to be assigned to each planned element of Joint Task Force-Cyber, including—
- (i) Joint Forces Headquarters Cyber of the Navy;
- (ii) Joint Task Force Ares;
- (iii) Task Force Two of the Cyber National Mission Force; and
- (iv) Forward Information Warfare Command Pacific of the Navy;
- the personnel and resources required to carry out the mission of Joint Task Force-Cyber; and
- sources of personnel required to meet such personnel requirements.
- the subordinate forces to be assigned to each planned element of Joint Task Force-Cyber, including—
- An evaluation of the integration and sustainment of cyber capabilities and effects.
- An identification of supporting infrastructure requirements for the Indo-Pacific Command to conduct cyber activities in support of the military objects of the Indo-Pacific Command.
- A description of potential missions and lines of effort for elements of Joint Task Force-Cyber.
- Such other matters as the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff determine appropriate.
- The evaluation required under subsection (a) shall include the following:
- (c) Implementation plan for Joint Task Force-Cyber
- The evaluation required under subsection (a) shall include a comprehensive implementation plan for establishing Joint Task Force-Cyber for the United States Indo-Pacific Command area of responsibility that is based, as determined appropriate, on the findings of such evaluation.
- (d) Report
- Not later than July 1, 2026, the Assistant Secretary of Defense for Cyber Policy, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command shall jointly submit to the Secretary of Defense and the congressional defense committees a report containing—
- the results of the evaluation required under subsection (a);
- the implementation plan required under subsection (c);
- the views from each of the geographic combatant commands regarding the findings of such evaluation and such implementation plan; and
- recommendations for legislative or administrative actions required to implement such implementation plan.
- Not later than July 1, 2026, the Assistant Secretary of Defense for Cyber Policy, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command shall jointly submit to the Secretary of Defense and the congressional defense committees a report containing—
Subtitle B—Cybersecurity
Sec. 1511. Annual report on weapon systems data accessibility and security.
- (a) In general
- Not later than April 30, 2026, and annually thereafter until September 30, 2030, the Secretary of Defense, in coordination with the Secretary of the Army, Secretary of the Navy, and Secretary of the Air Force, shall submit to the congressional defense committees a report analyzing the weapons platforms of the Department of Defense that lack onboard, real-time cybersecurity capabilities.
- (b) Elements
- Each annual report submitted under subsection (a) shall include, for each weapons platform analyzed in such report, the following:
- An explanation of why onboard, real-time cybersecurity capabilities have not yet been integrated into such weapons platform.
- An estimate of the cost to implement onboard, real-time cybersecurity capabilities into such weapons platform to enable monitoring and detection of cyber intrusions.
- A timeline, correlated with the cost estimate required under paragraph (2), to implement onboard, real-time cybersecurity capabilities across the entire inventory of the Department of Defense of such weapons platform.
- Each annual report submitted under subsection (a) shall include, for each weapons platform analyzed in such report, the following:
- (c) Onboard, real-time cybersecurity capabilities defined
- In this section, means technologies integrated into a weapons platform that mitigate cyber risks to operation, including serial bus monitoring capabilities or runtime application self-protection capabilities.
onboard, real-time cybersecurity capabilities
- In this section, means technologies integrated into a weapons platform that mitigate cyber risks to operation, including serial bus monitoring capabilities or runtime application self-protection capabilities.
Sec. 1512. Incorporation of artificial intelligence considerations into annual cybersecurity training.
- (a) In general
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall revise the mandatory annual training on cybersecurity for members of the Armed Forces and civilian employees of the Department of Defense to include content related to the unique cybersecurity challenges posed by the use of artificial intelligence.
- (b) Briefings
- Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the training described in subsection (a) has been revised as required by such subsection, the Chief Information Officer of the Department of Defense shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress of such revision.
Sec. 1513. Update to cyber security requirements for telecommunications contracts.
- (a) In general
- Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall implement regulations requiring that each covered telecommunications contract includes updated cyber security requirements for Department wireless telecommunication devices to protect against domestic and international cybersecurity attacks, including SS7 signaling attacks, diameter signaling attacks, SIM hacking, and simulated cellular sites.
- (b) Elements
- The cyber security requirements required to be included in covered telecommunication contracts under subsection (a) shall include the following:
- Disabling the use of 2G and 3G telecommunication networks by Department wireless telecommunication devices, and security vulnerabilities in inbound and outbound Signaling System 7 traffic from foreign countries and operators of foreign telecommunications networks.
- Providing protection against all categories of Diameter protocol exploitation, including Category 0 non-application information, Category 1 application ID and command codes, Category 2 application-specific values, and Category 3 location and time.
- Enabling and facilitating rotation of traditionally persistent alphanumeric identifiers used to authentic users, including the international mobile subscriber identity for users, including the international mobile subscriber identity.
- Real-time monitoring and blocking of suspicious connections and requests that pose a high risk to cybersecurity, including any connection or request that would force a Department wireless telecommunication device to use a 3G telecommunication network, improperly filtered signaling traffic, and connections or requests that do not match the location of the subscriber, as well as real-time alerting when a user of Department wireless telecommunication device is targeted by a high-risk connection or request.
- Encrypting data and call sessions, encrypting call data records in storage, and storing call data records not longer than 60 days.
- Apply modern cryptographic protections to prevent the ability to transfer phone numbers between devices and disabling user requests to transfer phone numbers between devices.
- Hosting the software infrastructure for the mobile network in a commercial cloud computing environment and making publicly available quarterly cybersecurity audits conducted by independent auditors on behalf of the Department of Defense.
- The cyber security requirements required to be included in covered telecommunication contracts under subsection (a) shall include the following:
- (c) Certification
- Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall certify to the congressional defense committees that the Secretary of the Navy has implemented the regulations required by subsection (a).
- (d) Definitions
- In this section:
- The term means a contract—
covered telecommunications contract - The term means a wireless telecommunication device—
Department wireless telecommunication device
- The term means a contract—
- In this section:
Sec. 1514. Federal contractor vulnerability disclosure policy.
- (a) Recommendations
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Director of the National Institute of Standards and Technology, and any other appropriate head of an Executive department, shall—
- review the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs; and
- recommend updates to such requirements and language to the Federal Acquisition Regulation Council.
- Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Director of the National Institute of Standards and Technology, and any other appropriate head of an Executive department, shall—
- (2) Contents
- The recommendations required by paragraph (1) shall include updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; ). Public Law 116–207
- (1) In general
- (b) Procurement requirements
- Not later than 180 days after the date on which the recommended contract language developed pursuant to subsection (a) is received, the Federal Acquisition Regulation Council shall review the recommended contract language and update the FAR as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract.
- (c) Elements
- The update to the FAR pursuant to subsection (b) shall—
- to the maximum extent practicable, align with the security vulnerability disclosure process and coordinated disclosure requirements relating to Federal information systems under sections 5 and 6 of the IoT Cybersecurity Improvement Act of 2020 (; 15 U.S.C. 278g–3c and 278g–3d); and Public Law 116–207
- to the maximum extent practicable, be aligned with industry best practices and Standards 29147 and 30111 of the International Standards Organization (or any successor standard) or any other appropriate, relevant, and widely used standard.
- The update to the FAR pursuant to subsection (b) shall—
- (d) Waiver
- The head of an agency may waive the security vulnerability disclosure policy requirement under subsection (b) if—
- the agency Chief Information Officer determines that the waiver is necessary in the interest of national security or research purposes; and
- if, not later than 30 days after granting a waiver, such head submits a notification and justification (including information about the duration of the waiver) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
- The head of an agency may waive the security vulnerability disclosure policy requirement under subsection (b) if—
- (e) Department of defense supplement to the federal acquisition regulation
- (1) Review
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the Department of Defense Supplement to the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs and develop updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; ). Public Law 116–207
- (2) Revisions
- Not later than 180 days after the date on which the review required under subsection (a) is completed, the Secretary shall revise the DFARS as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract.
- (3) Elements
- The Secretary shall ensure that the revision to the DFARS described in this subsection is carried out in accordance with the requirements of paragraphs (1) and (2) of subsection (c).
- (4) Waiver
- The Chief Information Officer of the Department of Defense, in consultation with the National Manager for National Security Systems, may waive the security vulnerability disclosure policy requirements under paragraph (2) if the Chief Information Officer—
- determines that the waiver is necessary in the interest of national security or research purposes; and
- not later than 30 days after granting a waiver, submits a notification and justification (including information about the duration of the waiver) to the Committees on Armed Services of the House of Representatives and the Senate.
- The Chief Information Officer of the Department of Defense, in consultation with the National Manager for National Security Systems, may waive the security vulnerability disclosure policy requirements under paragraph (2) if the Chief Information Officer—
- (1) Review
- (f) Definitions
- In this section:
- The term
agencyhas the meaning given the term in section 3502 of title 44, United States Code. - The term
covered contractormeans a contractor (as defined in section 7101 of title 41, United States Code)— - The term
DFARSmeans the Department of Defense Supplement to the Federal Acquisition Regulation. - The term
Executive departmenthas the meaning given that term in section 101 of title 5, United States Code. - The term
FARmeans the Federal Acquisition Regulation. - The term
NISTmeans the National Institute of Standards and Technology. - The term
OMBmeans the Office of Management and Budget. - The term
security vulnerabilityhas the meaning given that term in section 2200 of the Homeland Security Act of 2002 (). 6 U.S.C. 650 - The term
simplified acquisition thresholdhas the meaning given that term in section 134 of title 41, United States Code.
- The term
- In this section:
Subtitle C—Information Technology and Data Management
Sec. 1521. Biological data for artificial intelligence.
- (a) AI accessibility to qualified biological data resources
- (1) In general
- Not later than one year after the enactment of this Act, the Secretary of Defense shall develop and implement requirements that ensure qualified biological data resources created by research entirely funded by the Department of Defense are collected and stored in a manner that facilitates the use of such qualified biological data resources for advanced computational methods, including artificial intelligence.
- (2) Rules of requirements
- The requirements implemented under subsection (a) shall include the following:
- A definition of the term for the purposes of such requirements, which shall be based on one or more of the following criteria:
qualified biological data resource- (i) The type of biological data generated.
- (ii) The size of collection of such biological data.
- (iii) The amount of Federal funds awarded to the research that created such qualified biological data resource.
- (iv) The level of sensitivity of the biological data generated.
- (v) Any other factor determined appropriate by the Secretary of Defense.
- Guidance on the metrics and metadata included under such requirements to indicate data quality, including usability, interoperability, and completeness.
- Requirements for tiered levels of cybersecurity safeguards and access controls for the storage of biological data.
- Exceptions to such requirements, including for biological data that may implicate national security.
- Requirements for the protection of the privacy of individuals.
- A definition of the term for the purposes of such requirements, which shall be based on one or more of the following criteria:
- The requirements implemented under subsection (a) shall include the following:
- (1) In general
- (b) Consultation
- In developing and implementing the requirement under subsection (a), the Secretary shall consult with the Secretaries of the Armed Forces, the heads of the research laboratories of each of the Armed Services, and private sector and academia recipients of funding for research from the Department of Defense to ensure that such requirements are not overly burdensome.
- (c) Report
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the progress made in developing and implementing the requirements under subsection (a), including—
- the quantity of the biological data generated and stored in accordance with such requirement and accessible through application programming interfaces;
- user engagement with biological data in accordance with such requirements.
- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the progress made in developing and implementing the requirements under subsection (a), including—
Sec. 1522. Procurement of best-in-class cyber data products and services.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish an open and competitive process pursuant to section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (; note) to provide best-in-class cybersecurity solutions (including endpoint, identity, and threat hunting solutions) and the benefits associated with the use of multiple different cybersecurity providers to support operational resilience of Department of Defense information networks. Public Law 117–81; 10 U.S.C. 2224
Subtitle D—Artificial Intelligence
Sec. 1531. Artificial intelligence and machine learning security in the Department of Defense.
- (a) Cybersecurity policy for artificial intelligence and machine learning use
- (1) In general
- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall develop and implement a Department-wide policy for the cybersecurity and governance of artificial intelligence and machine learning, as well as the models for artificial intelligence and machine learning used in national defense applications.
- (2) Policy elements
- The policy required under paragraph (1) shall address the following:
- Protection against security threats specific to artificial intelligence and machine learning, including model serialization attacks, model tampering, data leakage, adversarial prompt injection, model extraction, model jailbreaks, and supply chain attacks.
- Use of cybersecurity measures throughout the life cycle of systems using artificial intelligence or machine learning.
- Adoption of industry-recognized frameworks to guide the development and implementation of artificial intelligence and machine learning security best practices.
- Standards for governance, testing, auditing, and monitoring of systems using artificial intelligence and machine learning to ensure the integrity and resilience of such systems.
- Training requirements for the workforce of the Department of Defense to ensure personnel are prepared to identify and mitigate vulnerabilities that are specific to artificial intelligence and machine learning.
- The policy required under paragraph (1) shall address the following:
- (3) Review and report
- (A) Review
- The Secretary of Defense shall conduct a comprehensive review to identify and assess the effectiveness of the artificial intelligence and machine learning cybersecurity and governance practices of the Department of Defense.
- (B) Report
- (i) Not later than August 31, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of the review conducted under subparagraph (A).
- (ii) The report required under clause (i) shall include—
- an assessment of the current security practices for artificial intelligence and machine learning across the Department of Defense;
- an assessment of the cybersecurity risks posed by the use of authorized and unauthorized artificial intelligence software, including models developed by companies headquartered in or operating from foreign countries of concern, by the Department;
- an identification of gaps in the existing security measures of the Department related to threats specific to the use of artificial intelligence and machine learning;
- an analysis of the potential of security management, access, and runtime capabilities for artificial intelligence in the commercial sector for use by the Department to defend system using artificial intelligence from threats, minimize data exposure resulting from the use of such systems, and maintain the trustworthiness of applications of the Department that use artificial intelligence;
- an evaluation of the alignment of the policies of the Department with industry frameworks;
- recommend actions to enhance the security, integrity, and governance of artificial intelligence and machine learning models used by the Department; and
- an identification of any additional authorities, resources, or legislative actions required for the Department to effectively implement artificial intelligence and machine learning model security policy required by paragraph (1).
- (A) Review
- (1) In general
- (b) Bill of materials for artificial intelligence
- (1) In general
- Any policy, regulation, guidance, or requirement issued by the Department of Defense relating to the use, submission, or maintenance of a software bill of materials shall also apply to an artificial intelligence software bill of materials, to the extent practicable, for all artificial intelligence systems, models, and software used, developed, or procured by the Department.
- (2) Implementation and oversight
- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer of the Department of Defense and Chief Information Officer of the Department of Defense, shall revise the regulations, guidance, and policies of the Department of Defense to comply with paragraph (1), including guidance and standards for artificial intelligence software bill of materials, in accordance with the best practices for software bill of materials.
- (3) Report
- Not later than one year after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—
- the status of the implementation of requirements for artificial intelligence software bill of materials under this subsection, including challenges, recommendations, and potential legislative or regulatory modifications needed to enhance the effectiveness of such implementation;
- the feasibility and necessity to update Department of Defense Instruction 5000.87, Operation of the Software Acquisition Pathway (October 2, 2020) and the software acquisition pathway established under section 3603 of title 10, United States Code, with requirements for artificial intelligence software bill of materials and more detailed software bill of materials in the procurement of software, hardware, artificial intelligence technologies, and cryptographic technologies; and
- the estimated costs for the implementation of the policies for artificial intelligence software bill of materials and more detailed software bill of materials required under this subsection and described in subparagraph (B), including for any new systems or investments required to support greater implementation and adoption by the Department of Defense of artificial intelligence.
- Not later than one year after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—
- (1) In general
- (c) Definitions
- In this section:
- The terms and have the meanings given such terms, respectively, in section 5001 of the National Artificial Intelligence Initiative Act of 2020 ().
artificial intelligence,machine learning15 U.S.C. 9401 - The term
artificial intelligence software bill of materialsmeans the records kept in the normal course of business that identify each component, library, and dependency comprising an artificial intelligence software application. - The term
software bill of materialsmeans the records kept in the normal course of business that identify each component, library, and dependency comprising a software application.
- The terms and have the meanings given such terms, respectively, in section 5001 of the National Artificial Intelligence Initiative Act of 2020 ().
- In this section:
Sec. 1532. Pilot program for data-enabled fleet maintenance.
- (a) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary concerned for a covered armed force, in consultation with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall establish in such covered armed force a pilot program under which the covered armed force shall use commercially available artificial intelligence technologies to improve the maintenance of ground vehicles performed by such covered armed force.
- (b) Objectives
- Under the pilot program established under subsection (a), the Secretary concerned shall—
- assess the feasibility and effectiveness of artificial intelligence-driven approaches in improving maintenance regimes for ground vehicles;
- assess the cost savings resulting from the use of artificial intelligence technology for the maintenance of ground vehicles; and
- identify and mitigate potential challenges and risks associated with the integration of artificial intelligence technology for modernized maintenance of ground vehicles, including cybersecurity concerns.
- Under the pilot program established under subsection (a), the Secretary concerned shall—
- (c) Report
- Not later than one year after the date of the enactment of this Act, each Secretary concerned for a covered armed force shall submit to Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a) in such covered armed force.
- (d) Termination
- The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029.
- (e) Definitions
- In this section:
- The term
covered armed forcemeans the Army, Navy, or Air Force. - The term
Secretary concernedhas the meaning given such term in section 101(a) of title 10, United States Code.
- The term
- In this section:
Sec. 1533. Generative artificial intelligence for national defense.
- (a) In general
- Subject to the availability of appropriations, the Secretary of Defense shall carry out not less than two and not more than 12 generative artificial intelligence efforts to enhance the national security of the United States and the capabilities of the Department of Defense and to accelerate the adoption to generative artificial intelligence capabilities at the Department of Defense.
- (b) Designation of responsible organization
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate an organization in the Department of Defense which shall be responsible for managing and coordinating the efforts under subsection (a).
- (c) Scope
- In managing the efforts under subsection (a), the head of the organization designated under subsection (b), in coordination with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands, shall evaluate how generative artificial intelligence can enhance the efficiency and improve the mission effectiveness of the Department of Defense with respect to the following:
- Damage assessment from battlefield imagery and video.
- Human and machine teaming interfaces.
- Cybersecurity.
- Mission analysis.
- Order of battle.
- Mission planning.
- Intelligence collection and analysis.
- Any other areas the Chairman of the Joint Chiefs of Staff or the commanders of the combatant commands determine appropriate in addressing existing or anticipated mission requirements of the Department of Defense.
- In managing the efforts under subsection (a), the head of the organization designated under subsection (b), in coordination with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands, shall evaluate how generative artificial intelligence can enhance the efficiency and improve the mission effectiveness of the Department of Defense with respect to the following:
Subtitle E—Reports and Other Matters
Sec. 1541. Modification to certification requirement regarding contracting for military recruiting.
Section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (; 137 Stat. 581; note) is amended by striking subsection (c). Public Law 118–31; 10 U.S.C. 503
Sec. 1542. Occupational resiliency of the Cyber Mission Force.
- (a) Requirement
- Beginning not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Policy, in coordination with the Principal Cyber Advisors of the military departments and the Commander of the United States Cyber Command, shall jointly carry out an initiative to understand and address occupational resiliency challenges at the duty locations of the Cyber Mission Force by ensuring that—
- behavioral health professionals are assigned to the operating locations of United States Cyber Command and the Cyber Mission Force; and
- each such professional holds the security clearance necessary to provide treatment to the members of the Armed Forces assigned at such duty locations.
- Beginning not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Policy, in coordination with the Principal Cyber Advisors of the military departments and the Commander of the United States Cyber Command, shall jointly carry out an initiative to understand and address occupational resiliency challenges at the duty locations of the Cyber Mission Force by ensuring that—
- (b) Quarterly briefings
- On a quarterly basis during the one-year period beginning on the date on which the initiative under subsection (a) commences, the Under Secretary of Defense for Personnel and Readiness and the Assistant Secretary of Defense for Cyber Policy shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following:
- The status of carrying out such initiative.
- Validation of the security clearances held by behavioral health professionals assigned under such subsection.
- An analysis of clinical acuity being treated by such professionals.
- Identified challenges to carrying out such initiative.
- Efforts to improve the awareness by members of the Armed Forces assigned to the Cyber Mission Force with respect to the availability of appropriately cleared behavioral health professionals who can treat such members.
- Any other information the Under Secretary or the Assistant Secretary determines appropriate.
- On a quarterly basis during the one-year period beginning on the date on which the initiative under subsection (a) commences, the Under Secretary of Defense for Personnel and Readiness and the Assistant Secretary of Defense for Cyber Policy shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following:
- (c) Occupational resiliency challenges defined
- In this section, the term
occupational resiliency challengesmeans behavioral health challenges relating to an occupation and work-related stress.
- In this section, the term
Sec. 1543. Assessment of cyber-phyiscal ranges as potential National Cyber Range complexes.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report assessing the benefits and costs of designating the cyber-physical ranges of the Department of Defense as National Cyber Range complexes or providing the treatment of such cyber-physical ranges in a manner that is similar to the treatment of a National Cyber Range complex, including—
- an assessment of whether to so designate one or more such cyber-physical ranges or to so treat such cyber-physical ranges; and
- a plan for making such designations and a plan for so treating such cyber-physical ranges, each of which shall include—
- the designation of an entity within the Office of the Under Secretary that is best placed to assume responsibility for the oversight, operation, and sustainment of such cyber-physical ranges;
- the annual funding requirements for entity designated under subparagraph (A) to operate, sustain, and, if necessary, modernize such cyber-physical ranges; and
- an estimated timeline for transitioning the management of such cyber-physical ranges to the entity designated under subparagraph (A).
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report assessing the benefits and costs of designating the cyber-physical ranges of the Department of Defense as National Cyber Range complexes or providing the treatment of such cyber-physical ranges in a manner that is similar to the treatment of a National Cyber Range complex, including—
- (b) Definitions
- In this section:
- The term means a range that simulates a real-world environment across physical, logical and cyber-persona layers that can be used for research, development, testing, training and evaluation through the competition continuum.
cyber-physical range - The term means an integrated cyber range capability operated by the Department of Defense Test Resource Management Center.
National Cyber Range complex
- The term means a range that simulates a real-world environment across physical, logical and cyber-persona layers that can be used for research, development, testing, training and evaluation through the competition continuum.
- In this section:
Sec. 1544. Report on replacement of Time Division Multiplexing lines at armories of the Air National Guard and the Army National Guard.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of the Army shall jointly submit to the Committee on Armed Services of the House of Representatives a report detailing the costs and timelines for replacing Time Division Multiplexing lines with modern communication technologies in armories of the Air National Guard and the Army National Guard.
- (b) Contents
- The report required under subsection (a) shall include—
- an identification of the Time Division Multiplexing lines technologies to be replaced and the replacement modern communication technologies, including the current deployment of such technologies across the Department of Defense;
- an explanation of the costs associated with replacing Time Division Multiplexing lines technologies identified under paragraph (1), including any changes to sustainment costs, and the sources of funding to pay for such costs;
- an assessment of the operational effects associated with the replacement described in subsection (a); and
- the current timelines and resources allocated for such replacement.
- The report required under subsection (a) shall include—
Title XVI—Space Activities, Strategic Programs, and Intelligence Matters
Subtitle A—Space Activities
Sec. 1601. Acquisition career path in the Space Force.
- (a) Assignment after initial officer training
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 908
- (a) Requirement
- The Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to—
- an integrated mission delta;
- the National Reconnaissance Office; or
- an office or command within the Space Force that provides opportunities for both acquisition and operational experience during an initial duty assignment after completion of such course.
- The Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to—
- (b) Report
- Not later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees—
- a certification indicating that the Secretary has complied with subsection (a); and
- a description of the first duty assignment for each person that was a member of such class.
- Not later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees—
- (a) Requirement
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 908
- (b) Integrated Mission Delta Command Requirement
- The Secretary of the Air Force shall ensure that the commander or deputy commander of each integrated mission delta of the Space Force is a member of the armed forces serving in a military occupational specialty that is primarily responsible for acquisition matters.
- Such chapter 908 is further amended by adding at the end the following new section:
- (c) Program Executive Officer for Assured Access
- (a) Establishment
- There is a Program Executive Officer for Assured Access to Space within the Space Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Program Executive Officer serves at the pleasure of the President.
- The Program Executive Officer for Assured Access to Space shall be appointed for a term of four years.
- (b) Grade
- The Program Executive Officer for Assured Access to Space, while so serving, shall have the grade of brigadier general, major general, lieutenant general, or general.
- (c) Additional Duties
- The Program Executive Officer for Assured Access to Space, while serving as the Program Executive Officer, shall also serve as the Commander of Space Launch Delta 45.
- Such chapter 908 is further amended by adding at the end the following new section:
- (a) Establishment
- (d) Training requirements
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 951
- The Secretary of the Air Force shall ensure that the initial Space Force officer training course for officers of the Space Force provides approximately equal training in operations, intelligence, cyber, and acquisition matters.
- of title 10, United States Code, is amended by adding at the end the following new section: Chapter 951
- (e) Promotion requirements
- (1) In general
- Section 20233 of title 10, United States Code, is amended—
- in the heading, by striking and inserting ;
- in subsection (a)—
- (i) by striking and inserting the following:
- unless the officer has—
- been
- unless the officer has—
- (ii) in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking the period and inserting a semicolon; and
- (iii) by adding at the end the following new paragraphs:
- completed a duty assignment with a command or other organization that is primarily responsible for acquisition matters, as determined by the Secretary of the Air Force; and
- completed a duty assignment with a command or other organization that is primarily responsible for operations, as determined by the Secretary of the Air Force.
- (i) by striking and inserting the following:
- in subsection (b) in the matter preceding paragraph (1), by striking
subsection (a)and insertingsubsection (a)(1).
- Section 20233 of title 10, United States Code, is amended—
- (2) Effective date
- The amendments made by paragraph (1) shall take effect on January 1, 2029, and apply to all appointments to the grade of brigadier general on or after that date.
- (1) In general
- (f) Reports
- Sec.
- 20701. Promotion rates.
- 20702. Modifications to career fields and codes.
- Not later than December 31 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the promotion rates of members of the Space Force for the preceding fiscal year. Such report shall include—
- the number of and percentage of members of the Space Force in each grade selected for promotion;
- the number of and percentage of members of the Space Force in each career field selected for promotion; and
- the number of members of the Space Force who were selected for promotion to the grade of brigadier general, major general, lieutenant general, or general, disaggregated by career field.
- Not later than 60 days before the date on which a change is made to the career fields or mission occupational specialty codes for the Space Force, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
- a description of the changes intended to be made to such career fields or mission occupational specialty codes; and
- the plan of the Secretary to maintain the Space Force competencies and comply with requirements in law with respect to Space Force career fields and duty assignments.
- Part I of subtitle F of title 10, United States Code, is amended by adding at the end the following new chapter:
Sec. 1602. Advance payments for commercial satellite communication services.
Section 3805 of title 10, United States Code, is amended—
- in subsection (b), by striking
The headand insertingExcept as provided by subsection (e), the head; - in subsection (c), by striking
Advanceand insertingExcept as provided by subsection (e), advance; and- (e) Special rules for commercial satellite communication services
- The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of—
- the creditworthiness of the provider of such services; and
- the ability of the provider to remain a going concern during the period of the advanced payment.
- With respect to advance payments for commercial satellite communication services, subsection (c) shall be administered by substituting for .
100 percent15 percent
- The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of—
- (e) Special rules for commercial satellite communication services
- by adding at the end the following new subsection:
Sec. 1603. Noise mitigation regarding space launches.
Section 2276a(c)(1) of title 10, United States Code, is amended by inserting after .
Sec. 1604. Tactical surveillance, reconnaissance and tracking program.
- (a) Requirements of combatant commanders
- The Chairman of the Joint Chiefs of Staff shall establish requirements pursuant to section 181 of title 10, United States Code, with respect to the tactical surveillance, reconnaissance and tracking program providing capabilities to meet the requirements of the commanders of the combatant commands.
- (b) Program of record
- The Secretary of the Air Force shall establish the tactical surveillance, reconnaissance and tracking program as a program of record.
- (c) Tactical surveillance, reconnaissance and tracking program defined
- In this section, the term
tactical surveillance, reconnaissance and tracking programmeans the pilot program carried out by the Space Force to use commercial data and analytics to provide surveillance, reconnaissance and tracking information to the combatant commands.
- In this section, the term
Sec. 1605. Reports on Spaceport of the Future initiative.
Not later than 90 days after the date of the enactment of this Act, and not later than March 1 of each of 2027 through 2031, the Secretary of the Air Force, in coordination with the Chief of Space Operations and the Assistant Secretary of the Air Force for Space Acquisition and Integration, shall submit to the congressional defense committees a report on the Spaceport of the Future initiative of the Space Force. Each such report shall include the following:
- A list of each project being carried out under such initiative (including projects at State space launch facilities), including—
- the status of the project;
- the estimated completion date of the project; and
- the total cost to complete the project.
- An assessment of additional funding required to implement such initiative beyond the funds estimated in the most recent future-years defense program under section 221 of title 10, United States Code.
- An assessment of including mission development zones under such initiative to promote research, development, innovation, and fielding of space and other advanced technologies adjacent to Federal and State launch ranges.
- A summary of feedback from launch service providers, other spaceport tenants, and operators of non-Federal ranges to understand how such initiative can meet the needs of such providers, tenants, and operators, and any adjustments made in response to that feedback.
Sec. 1606. Use of middle tier acquisition program for proliferated warfighter space architecture of Space Development Agency.
Section 1608(a) of the National Defense Authorization Act for Fiscal Year 2024 (; note) is amended by adding at the end the following new paragraphs: Public Law 118–31; 10 U.S.C. 2271
- Tranche 4.
- Tranche 5.
- Tranche 6.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Clandestine activities vendor database.
- (a) In General
- Subchapter I of of title 10, United States Code, is amended by adding at the end the following new section: chapter 21
- (a) Establishment and Maintenance
- The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity.
- (b) Scope
- The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection.
- (c) Exclusion of Vendors
- Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary—
- may exclude the commercial vendor from the database required by subsection (a); and
- not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes—
- the type or category of vendor excluded;
- a synopsis of the contract and the scope of work involved; and
- the rationale for exclusion from the database.
- Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary—
- (d) Deconfliction
- The Secretary of Defense shall ensure the database required by subsection (a) is used to—
- deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and
- assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense.
- The Secretary of Defense shall ensure the database required by subsection (a) is used to—
- (e) Clandestine activity Defined
- In this section, the term
clandestine activitymeans any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.
- In this section, the term
- (a) Establishment and Maintenance
- Subchapter I of of title 10, United States Code, is amended by adding at the end the following new section: chapter 21
- (b) Implementation Deadline and Reports
- (1) Implementation Deadline and Certification
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
- implement the requirements of section 430e of title 10, United States Code, as added by subsection (a) of this section; and
- submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a certification that such requirements have been implemented.
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
- (2) Submission of Plan
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
- submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and
- provide to such committees a briefing with respect to such plan.
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
- (3) Progress Report
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the committees described in paragraph (1)(B) a briefing describing the progress of the Secretary towards implementing the requirements of such section 430e.
- (1) Implementation Deadline and Certification
Sec. 1612. Modification of authority of Army counterintelligence agents to execute warrants and make arrests.
Section 7377(b)(2) of title 10, United States Code, is amended by striking .
Sec. 1613. Modifications to and codification of the Department of Defense insider threat program.
- (a) Codification of existing program
- (1) Transfer to title 10
- of title 10, United States Code, is amended by inserting after a new section 2225 consisting of— Chapter 131; section 2224a
- a heading as follows:
- a text consisting of the text of subsections (a) and (b) of section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112‑81; note). 10 U.S.C. 2224
- of title 10, United States Code, is amended by inserting after a new section 2225 consisting of— Chapter 131; section 2224a
- (2) Repeal of existing provision
- Section 922 of the National Defense Authorization Act for Fiscal Year 2012 (; note) is repealed. Public Law 112–81; 10 U.S.C. 2224
- (1) Transfer to title 10
- (b) Modifications
- Section 2225 of title 10, United States Code, as added by subsection (a) of this section, is amended—
- in subsection (b)—
- in the heading, by striking and inserting ; and
- in paragraph (1)—
- (i) by striking subparagraphs (C), (D), (E), and (F);
- (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
- (iii) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:
- user activity monitoring in accordance with the Committee on National Security Systems Directive 504, issued February 4, 2014, or any successor directive;
- (iv) in subparagraph (C), as redesignated by clause (ii) of this subparagraph, by striking the semicolon and inserting
; and - (v) by redesignating subparagraph (G) as subparagraph (D); and
- (c) Additional elements
- The Secretary may include additional elements in the program established under subsection (a), including—
- solutions and capabilities to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information;
- using a roles-based access certification system;
- cross-domain solutions adhering to the Raise the Bar strategy of the Cross Domain Strategy and Management Office of the National Security Agency or any successor strategy;
- analytic solutions to detect anomalous user activity and triage user activity monitoring alerts to elevate the highest risk events for immediate review;
- case management solutions to minimize disclosure risk, orchestrate effective response, and ensure appropriate governance; and
- full-motion video screen recording and deep context.
- The Secretary may include additional elements in the program established under subsection (a), including—
- (d) Applicability
- The program established under subsection (a) shall apply to networks and enclaves used by—
- civilian personnel of the Department of Defense;
- privileged users;
- members of the armed forces; and
- contractors to the Department of Defense that have access to classified, controlled unclassified, or personally identifiable information in furtherance of work on behalf of the Department.
- The program established under subsection (a) shall apply to networks and enclaves used by—
- by adding at the end of the following new subsections:
- in subsection (b)—
- Section 2225 of title 10, United States Code, as added by subsection (a) of this section, is amended—
- (c) Operating capability
- The Secretary of Defense shall ensure the program established under 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section—
- achieves initial operating capability not later than October 1, 2027; and
- achieves full operating capability not later than October 1, 2028.
- The Secretary of Defense shall ensure the program established under 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section—
- (d) Reports
- (1) Plan for implementation
- Before the Secretary implements section 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section, the Secretary shall submit to the congressional defense committees—
- a written notification that describes the personnel of the Department affected by the implementation;
- a plan to implement such section;
- an identification of the resources required to implement such section;
- an identification of any legal or technical concerns that may need to be addressed prior to implementation; and
- and any other issues related to such implementation that the Secretary considers appropriate.
- Before the Secretary implements section 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section, the Secretary shall submit to the congressional defense committees—
- (2) Initial operating capability
- Not later than December 1, 2027, the Secretary shall submit to the congressional defense committees a report on the implementation of section 2225 of title 10, United States Code, including the resources required and planned expenditures to achieve full operating capability not later than October 1, 2028.
- (1) Plan for implementation
Sec. 1614. Facility clearance acceleration for members of defense industrial consortiums.
- (a) Acceleration of facility clearance
- The Secretary of Defense shall ensure that each entity that is a member of the consortium established by section 1842 of this Act or a member of the Defense Industrial Base Consortium with which the Department of Defense has entered an other transaction authority agreement —
- is sponsored for a facility clearance;
- is provided access to classified work areas and networks where the member can perform classified work; and
- not less than quarterly, is invited in person to meetings with relevant Department of Defense personnel to discuss classified information.
- The Secretary of Defense shall ensure that each entity that is a member of the consortium established by section 1842 of this Act or a member of the Defense Industrial Base Consortium with which the Department of Defense has entered an other transaction authority agreement —
- (b) Plan
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees detailing a plan to increase the number of facility clearances provided to members described in subsection (a). Such plan shall include—
- an assessment of any existing related efforts to increase facility clearance access and how such efforts might be accelerated and elevated in priority;
- target metrics for increased facility clearances in association with membership in a consortium described in subsection (a);
- an identification of any additional funding or authorities required to support increased facility clearance processing; and
- any other matters the Secretary of Defense considers relevant.
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees detailing a plan to increase the number of facility clearances provided to members described in subsection (a). Such plan shall include—
Sec. 1615. Requirement to authorize additional security clearances for certain contractors.
- (a) Designation of additional personnel
- Any entity that enters into a covered contract or agreement with a component of the Department of Defense may designate additional covered persons who may submit an application for a security clearance in accordance with this section.
- (b) Investigation and adjudication
- The appropriate authorized investigative agency and authorized adjudicative agency shall, upon receiving an application by an additional covered person designated under paragraph (1)—
- conduct an investigation of the background of an additional covered person for purposes of determining the eligibility of such additional covered person for access to classified information; and
- make a determination as to whether such additional covered person is eligible for access to classified information.
- The appropriate authorized investigative agency and authorized adjudicative agency shall, upon receiving an application by an additional covered person designated under paragraph (1)—
- (c) Final determination
- If an entity that enters into a covered contract or agreement determines an initial covered person is unable to perform the work intended to be performed by that person under such covered contract or agreement person, an additional covered person may perform such work in lieu of the initial covered person if—
- the person received a favorable determination under subsection (b) with respect to eligibility for access to classified information;
- the person has a demonstrated need-to-know under Executive Order 12968, provided that demonstrating such need-to-know shall not require an investigation or adjudication with respect to eligibility for access to classified information in addition to the investigation and adjudication required under subsection (b); and
- the person signs appropriate agreements with respect to non-disclosure of classified information.
- If an entity that enters into a covered contract or agreement determines an initial covered person is unable to perform the work intended to be performed by that person under such covered contract or agreement person, an additional covered person may perform such work in lieu of the initial covered person if—
- (d) Limitation on number of personnel
- (1) Maximum per contract
- The number of additional covered persons designated by an entity under subsection (a) for each covered contract or agreement may not exceed the greater of—
- (A)
- (i) during the 5-year period that begins on the date of the enactment of this Act, 5 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and
- (ii) after the 5-year period that begins on the date of the enactment of this Act, 10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and
- 1 person.
- (2) Maximum per entity
- The number of additional covered persons designated by an entity under subsection (a) may not exceed the greater of—
- 10 percent of the total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity; and
- 1 person.
- The number of additional covered persons designated by an entity under subsection (a) may not exceed the greater of—
- (1) Maximum per contract
- (e) Costs
- (1) Authority to charge and collect
- The Secretary of Defense may charge fees or collect amounts to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a).
- (2) Retention of amounts
- Notwithstanding section 3302(b) of title 31, United States Code—
- the Secretary of Defense may retain amounts received under paragraph (1); and
- any amount so retained shall be deposited into an account to be determined by the Secretary of Defense and shall be made available without further appropriation until expended for the purpose of investigating, adjudicating, or maintaining security clearances.
- Notwithstanding section 3302(b) of title 31, United States Code—
- (3) Prohibition on bearing costs
- The Secretary of Defense may not bear any cost associated with investigating, adjudicating, or maintaining a security clearance the application for which is submitted pursuant to subsection (a).
- (4) Unallowable cost
- Any fees charged or amounts collected under this subsection to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a) may not be considered an allowable cost under a covered contract or agreement.
- (1) Authority to charge and collect
- (f) Applicability
- This section shall apply with respect to contracts and other agreements entered into on or after the date of the enactment of this Act.
- (g) Rule of construction
- Nothing in this section shall be construed to require the Secretary of Defense to grant any person access to classified information unless a favorable determination of eligibility to access such classified information is made with respect to such person.
- (h) Relationship to other laws
- This section shall apply subject to Executive Order 12968, Executive Order 10865, and any successor executive orders, but notwithstanding any other provision of law.
- (i) Definitions
- In this section:
- The term means a covered person designated by a private-sector entity as an alternative covered person who is intended to be available to conduct work under a covered contract or agreement that requires a security clearance if an initial covered person becomes unavailable to complete such work.
additional covered person - The terms and have the meaning given the terms in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ().
authorized adjudicative agencyauthorized investigative agency50 U.S.C. 3341(a) - The term means a contract or other agreement between a private-sector entity and a component of the Department of Defense the performance of which requires a specified number of covered persons to hold a security clearance.
covered contract or agreement - The term means a contractor to or employee of a private-sector entity.
covered person - The term means a covered person designated by a private-sector entity as responsible for conducting work under a covered contract or agreement that requires a security clearance.
initial covered person
- The term means a covered person designated by a private-sector entity as an alternative covered person who is intended to be available to conduct work under a covered contract or agreement that requires a security clearance if an initial covered person becomes unavailable to complete such work.
- In this section:
Subtitle C—Nuclear Forces
Sec. 1621. Establishment of Air Force Global Strike Command.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 907
- (a) Establishment
- There is in the Air Force a major command, which shall be known as Global Strike Command.
- (b) Commander
- The Commander of Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
- The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of the nuclear and long-range strike missions of the Air Force, including such aspects described in subsection (c).
- (c) Functions
- The Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following:
- Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives.
- Administrating, organizing, training, and equipping assigned and gained forces.
- Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Chief of Staff periodic reports with respect to such assessments.
- Leading development in the Air Force of—
- military requirements with respect to nuclear and long-range strike missions;
- budget proposals necessary to carry out the missions of the Global Strike Command;
- long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and
- strategy, employment concepts, tactics, techniques, and procedures with respect to nuclear deterrence and conventional long-range strike operations.
- Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions.
- Such other functions as the Secretary determines necessary or appropriate for the execution of nuclear deterrence and long-range strike missions.
- The Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following:
Sec. 1622. Matters relating to the nuclear-armed, sea-launched cruise missile.
Section 1640(a) of the National Defense Authorization Act for Fiscal Year 2024 (; 137 Stat. 595), as amended by section 1627 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2174), is amended— Public Law 118–31; Public Law 118–159
- by striking paragraph (2);
- in paragraph (3), by striking
paragraph (3)and insertingparagraph (2); and - by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
Sec. 1623. Prohibition on reduction of intercontinental ballistic missiles of the United States.
- (a) Prohibition
- Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2026 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
- Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
- Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
- Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2026 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
- (b) Exception
- The prohibition in subsection (a) shall not apply to any of the following activities:
- The maintenance or sustainment of intercontinental ballistic missiles.
- Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
- Facilitating the transition from the LGM–30G Minuteman III intercontinental ballistic missile to the LGM–35A Sentinel intercontinental ballistic missile.
- The prohibition in subsection (a) shall not apply to any of the following activities:
Sec. 1624. Strategy to sustain Minuteman III intercontinental ballistic missile and maximize end-of-life margin.
- (a) Strategy required
- (1) In general
- Concurrent with the first submission to Congress of a budget pursuant to section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, and with each budget submitted to Congress pursuant to such section until the Under Secretary of Defense for Acquisition and Sustainment determines the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity, the Secretary of the Air Force, in consultation with the Under Secretary, shall submit to the congressional defense committees a strategy, with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other supporting systems to address aging components and maximize the end-of-life margin.
- (2) Elements
- Each strategy required by paragraph (1) shall include the following:
- A comprehensive identification of all significant age-related and supportability challenges for the LGM–30G Minuteman III intercontinental ballistic missiles that includes a description of—
- (i) efforts of the Secretary to address each such challenge; and
- (ii) activities the Secretary intends to carry out to address each such challenge.
- A description of effects on the system performance of Minuteman III missiles that result from aging components, including such effects with respect to shortfalls in capability.
- A summary of test activities conducted with Minuteman III missiles during the calender year that precedes the date of the submission of the strategy, including a description of any observations of anomalous performance during such test activities.
- A discussion of opportunities to increase the end-of-life margin or overall performance of Minuteman III missiles.
- A statement of the total inventory of such Minuteman III missiles available to the United States, including spares.
- A forecast with respect to the asset attrition that includes an identification of key drivers of such asset attrition.
- An identification, as specific budget line items, of all funding with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other and supporting systems included in the budget of the Department of Defense for the fiscal year during which the strategy is submitted.
- An estimate of the amount of such funding the Secretary determines is necessary across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, to ensure the continued effective operation of the the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other and supporting systems until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity.
- A comprehensive identification of all significant age-related and supportability challenges for the LGM–30G Minuteman III intercontinental ballistic missiles that includes a description of—
- Each strategy required by paragraph (1) shall include the following:
- (1) In general
- (b) Independent assessment of strategy
- (1) In general
- The Under Secretary shall review each strategy required under subsection (a) to assess whether the strategy is sufficient to ensure the continued effective operation of the LGM–30G Minuteman III intercontinental ballistic missile system until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity.
- (2) Reports
- During the period the requirement under subsection (a) is effective, the Under Secretary shall, not later than 45 days after any date on which a budget is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, submit to the congressional defense committees a report that includes—
- the findings of the assessment required under paragraph (1);
- a discussion of any unfunded priorities and risk reduction opportunities with respect to the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other supporting systems; and
- any other matters as the Under Secretary determines appropriate.
- During the period the requirement under subsection (a) is effective, the Under Secretary shall, not later than 45 days after any date on which a budget is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, submit to the congressional defense committees a report that includes—
- (1) In general
Sec. 1625. Report on Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs.
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the continued implementation of the amendments made by section 1621 of the Servicemember Quality of Life National Defense Authorization Act for Fiscal Year 2025 (; 138 Stat. 2170) that includes— Public Law 118–159
- a proposal to consolidate administrative and resource support functions for personnel assigned to the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs to a single office in the Department of Defense;
- a plan to clarify the relationships between—
- the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs;
- the Under Secretary of Defense for Acquisition and Sustainment; and
- the Under Secretary of Defense for Policy;
- a proposal for an organizational framework through which the Assistant Secretary will perform the portfolio management duties required under section 499c of title 10, United States Code;
- a description of resource requirements for the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; and
- such other matters as the Secretary determines appropriate.
Sec. 1626. Improvements to certain Department of Defense indemnification procedures to enable procurement of commercial advanced nuclear technologies.
- (a) Review
- The review of a request submitted to a Department of Defense contracting officer by a contractor pursuant to (50 U.S.C. 1431 et. seq) for indemnification against nuclear and unusually hazardous risks, including those involving the procurement of commercial nuclear technology, shall include, to the maximum extent practicable, input from the Defense Contract Management Agency, including reviews of insurance markets and coverage availability from the Contractor Insurance/Pension Review group. Public Law 85–804
- (b) Deadline
- The Secretary of Defense shall ensure that the review of any indemnification request described in subsection (a) shall be completed with a final decision on approval or denial, including an executed memorandum of decision, within the 90-day period beginning on the date on which the contractor submits the indemnification request.
Sec. 1627. Review of the occupational health and safety conditions of operational facilities associated with the LGM–30G Minuteman III intercontinental ballistic missile system.
- (a) In general
- The Assistant Secretary of Defense for Health Affairs, in consultation with the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs, shall seek to enter into an agreement with the Executive Officer of the National Academy of Sciences, Engineering, and Medicine for a review of the occupational health and safety conditions of covered operational facilities.
- (b) Elements
- The review required by subsection (a) shall include the following:
- An independent review of the methodology and findings of the Missile Community Cancer Study conducted by the Air Force Medical Service and Air Force Global Strike Command.
- An independent assessment of occupational hazards, covered toxic substances, and operational activities associated with the LGM–30G Minuteman III intercontinental ballistic missile system that accounts for—
- enclosed space dynamics;
- ventilation inefficiencies; and
- limited fresh air exchange rates.
- An independent case-controlled retrospective study of cancer incidence rates among—
- Minuteman III missile launch officers and support personnel; compared to
- a group of members of the Air Force with—
- (i) a substantially similar demographic makeup to the group of launch officers and support personnel included in the study;
- (ii) responsibilities that are not associated with the Minuteman III system; and
- (iii) a low potential for occupational exposure to covered toxic substances, as determined by Air Force Specialty Code and occupational duties.
- A comparative evaluation of the suitability and effectiveness of historic versus current year environmental surveillance policies, procedures and technologies of the Department of the Air Force for covered operational facilities used to detect exposure to covered toxic substances and occupational hazards, including—
- air quality;
- groundwater and drinking water contamination;
- ventilation systems and particulate matter accumulation; and
- residual contamination associated with confined operational environments.
- An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force to prevent occupational hazards, and reduce exposure to covered toxic substances, associated with the Minuteman III system including—
- personal protective equipment;
- engineering controls;
- environmental surveillance; and
- other policies, procedures and technologies deemed relevant.
- An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force and the Department of Defense for reporting and periodic medical screening, testing, and evaluations for potential exposure to occupational hazards and covered toxic substances for personnel associated with the Minuteman III system.
- Recommendations of the Executive Officer with respect to—
- Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities—
- (i) meet current occupational safety and national security requirements in effect as of the date of the enactment of this Act; and
- (ii) are applied to the LGM–35A Sentinel intercontinental ballistic missile system; and
- potential modifications to—
- (i) the current design and operation of the LGM–30G Minuteman III intercontinental ballistic missile system; and
- (ii) the future design and operation of the Sentinel system.
- Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities—
- The review required by subsection (a) shall include the following:
- (c) Information and clearances
- The Secretary of Defense shall ensure that personnel of the National Academy of Sciences, Engineering, and Medicine supervising the implementation of the agreement required by subsection (a), or conducting the review required by such subsection, are granted, in a timely manner, access to the information and security clearances necessary to carry out such review.
- (d) Report required
- (1) In general
- Not later than 18 months after the date of the enactment of this Act, the Executive Officer of the National Academy of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report that includes the findings of the review required by subsection (a).
- (2) Form
- The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
- (1) In general
- (e) Definitions
- In this section:
- The term mean physical structures and work environments associated with the LGM–30G Minuteman III intercontinental ballistic missile system, including—
covered operational facilities - The term
covered toxic substancesmeans contaminants and other risk factors that pose a significant health risk to an individual when inhaled, ingested, absorbed by, or in close proximity to, the individual, including—
- The term mean physical structures and work environments associated with the LGM–30G Minuteman III intercontinental ballistic missile system, including—
- In this section:
Subtitle D—Missile Defense Programs
Sec. 1641. Modification to national missile defense policy to reflect Golden Dome for America policy.
Section 5501 of title 10, United States Code, is amended by striking the text and inserting the following:
- It is the policy of the United States—
- to provide for the common defense of the United States and its citizens by deploying and maintaining a next-generation missile defense shield; and
- to deter, and defend the citizens and critical infrastructure of the United States against, any foreign aerial attack on the homeland.
Sec. 1642. Golden Dome for America.
- (a) Plan
- (1) Requirement
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the development and deployment of a next-generation air and missile defense architecture pursuant to Executive Order 14186 (90 Fed. Reg. 8767), or such successor order.
- (2) Elements
- The plan under paragraph (1) shall include the following:
- An updated assessment of air and missile threats to the United States.
- A description of the system architecture of the next-generation air and missile defense architecture, including—
- (i) the identification of each capability, program, and project considered to be part of such architecture;
- (ii) a preliminary description of, cost estimate for, and schedule to achieve—
- initial operational capability; and
- full operational capability;
- (iii) a description of relevant concepts of operations;
- (iv) a plan with respect to integrating and maximizing interoperability of capabilities included in such architecture;
- (v) a description of ground segment requirements to support the development and deployment of space-based capabilities included in such architecture; and
- (vi) an identification of requirements with respect to the electromagnetic spectrum for the development and deployment of capabilities included in such architecture.
- An organizational construct defining roles and responsibilities for each participating element of the Department of Defense.
- An assessment of on-orbit testing and training requirements necessary for developing capabilities and ensuring long-term warfighting readiness of such architecture.
- A strategy for ensuring supply chain security and resilience.
- Identification of any additional legal authorities necessary to carry out or expedite the development and deployment of such architecture.
- Any other matters the Secretary considers relevant.
- The plan under paragraph (1) shall include the following:
- (3) Updates
- Concurrent with the submission of the budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2028 through 2030, the Secretary shall submit to the congressional defense committees—
- an update to the plan under paragraph (1); and
- a consolidated budget exhibit identifying funding requested for the systems architecture described in the plan, including specific appropriation and line numbers, where appropriate.
- Concurrent with the submission of the budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2028 through 2030, the Secretary shall submit to the congressional defense committees—
- (1) Requirement
- (b) Theater missile defense posture
- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report—
- assessing the theater missile defense posture of the United States, including changes in the missile threat environment with respect to allies and partners of the United States and forward-deployed forces of the United States; and
- making recommendations, as appropriate, to—
- increase bilateral and multilateral cooperation on missile defense technology development, capabilities, and operations;
- improve theater missile defenses of the forward-deployed forces of the United States and the territories, forces, and populations of allies of the United States; and
- increase and accelerate the provision of missile defense capabilities of the United States to allies and partners of the United States.
- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report—
Sec. 1643. Prohibition privatized or subscription-based missile defense intercept capabilities.
Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 551
- (a) Prohibition
- The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if—
- the missile defense system is owned and operated by the armed forces; and
- such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target.
- The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if—
- (b) Inherently governmental function
- The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.
- (c) Rule of construction
- Nothing in this section shall be construed to prohibit the Secretary of Defense from—
- entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems;
- entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or
- procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities.
- Nothing in this section shall be construed to prohibit the Secretary of Defense from—
- (d) Definitions
- For the purposes of this section:
- The term means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.
kinetic missile defense activities - The term means any system or platform that is designed to be able to carry out kinetic missile defense activities.
kinetic missile defense capabilities - The term means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.
subscription-based service
- The term means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.
- For the purposes of this section:
Subtitle E—Other Matters
Sec. 1651. Cooperative threat reduction funds.
- (a) Funding allocation
- Of the $282,830,000 authorized to be appropriated to the Department of Defense for fiscal year 2026 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (), the following amounts may be obligated for the purposes specified: 50 U.S.C. 3711
- For delivery system threat reduction, $6,332,000.
- For chemical security and elimination, $18,645,000.
- For global nuclear security, $30,621,000.
- For biological threat reduction, $160,402,000.
- For proliferation prevention, $36,923,000.
- For activities designated as Other Assessments/Administration Costs, $29,907,000.
- Of the $282,830,000 authorized to be appropriated to the Department of Defense for fiscal year 2026 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (), the following amounts may be obligated for the purposes specified: 50 U.S.C. 3711
- (b) Specification of cooperative threat reduction funds
- Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2026, 2027, and 2028.
Title XVII—Other Defense Matters
Subtitle A—Miscellaneous Authorities and Limitations
Sec. 1701. 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.
- (a) Use by Federal Government
- Section 105 of title 17, United States Code, is amended, in subsection (d)(2)—
- by redesignating subparagraphs (L) through (N) as subparagraphs (M) through (O), respectively;
- Uniformed Services University of the Health Sciences.
- by inserting after subparagraph (K) the following new subparagraph (L):
- by redesignating subparagraphs (L) through (N) as subparagraphs (M) through (O), respectively;
- Section 105 of title 17, United States Code, is amended, in subsection (d)(2)—
- (b) Conforming amendments
- Such section is further amended, in subsection (c)—
- in paragraph (1), by striking
subparagraphs (A) through (K) of subsection (d)(2) and subparagraph (L)and insertingsubparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M); - in paragraph (2), by striking
subsection (d)(2)(L)and insertingsubsection (d)(2)(M); - in paragraph (3), by striking
subsection (d)(2)(M)and insertingsubsection (d)(2)(N); and - in paragraph (4), by striking
subsection (d)(2)(N)and insertingsubsection (d)(2)(O).
- in paragraph (1), by striking
- Such section is further amended, in subsection (c)—
Sec. 1702. Combating illicit tobacco products.
- (a) In general
- Beginning not later than 120 days after the date of the enactment of this Act, no exchange or commissary operated by or for a military resale entity shall offer for sale any ENDS product or oral nicotine product unless the manufacturer of such product executes and delivers to the appropriate officer for each military resale entity a certification form for each ENDS product or oral nicotine product offered for retail sale at an exchange or commissary that attests under penalty of perjury the following:
- The manufacturer has received a marketing granted order for such product under section 910 of the Federal Food, Drug, and Cosmetic Act (). 21 U.S.C. 387j
- The manufacturer submitted a timely filed premarket tobacco product application for such product, and the application either remains under review by the Secretary or has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court.
- Beginning not later than 120 days after the date of the enactment of this Act, no exchange or commissary operated by or for a military resale entity shall offer for sale any ENDS product or oral nicotine product unless the manufacturer of such product executes and delivers to the appropriate officer for each military resale entity a certification form for each ENDS product or oral nicotine product offered for retail sale at an exchange or commissary that attests under penalty of perjury the following:
- (b) Failure to submit certification
- A manufacturer shall submit the certification forms required in subsection (a) on an annual basis. Failure to submit such forms to a military resale entity as required under the preceding sentence shall result in the removal of the relevant ENDS product or oral nicotine product from sale at such military resale entity.
- (c) Certification contents
- (1) In general
- A certification form required under subsection (a) shall separately list each brand name, product name, category (such as e-liquid, power unit, device, e-liquid cartridge, e-liquid pod, or disposable), and flavor for each product that is sold offered for sale by the manufacturer submitting such form.
- (2) Other items
- A manufacturer shall, when submitting a certification under subsection (a), include in that submission—
- a copy of the publicly available marketing granted order under section 910 of the Federal Food, Drug, and Cosmetic Act (), as redacted by the Secretary and made available on the agency website; 21 U.S.C. 387j
- a copy of the acceptance letter issued under such section for a timely filed premarket tobacco product application; or
- a document issued by Secretary or by a court confirming that the premarket tobacco product application has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court.
- A manufacturer shall, when submitting a certification under subsection (a), include in that submission—
- (1) In general
- (d) Development of forms and publication
- (1) In general
- Not later than 60 days after the date of the enactment of this Act, each military resale entity shall—
- develop and make public the certification form such resale entity will require a manfacturer to submit to meet the requirement under subsection (a); and
- provide instructions on how such certification form shall be submitted to the relevant military resale entity.
- Not later than 60 days after the date of the enactment of this Act, each military resale entity shall—
- (2) Submission in case of failure to publish form
- If a military resale entity fails to prepare and make public such certification form, a manufacturer may submit information necessary to prove compliance with the requirements of this section.
- (1) In general
- (e) Changes to certification form
- A manufacturer that submits a certification form under subsection (a) shall notify each relevant military resale entity to which such certification was submitted not later than 30 days after making any material change to the certification form, including—
- the issuance or denial of a marketing authorization or other order by the Secretary pursuant to section 910 of the Federal Food, Drug, and Cosmetic Act (); or 21 U.S.C. 387j
- any other order or action by the Secretary or any court that affects the ability of the ENDS product or oral nicotine product to be introduced or delivered into interstate commerce for commercial distribution in the United States.
- A manufacturer that submits a certification form under subsection (a) shall notify each relevant military resale entity to which such certification was submitted not later than 30 days after making any material change to the certification form, including—
- (f) Directory
- (1) In general
- No later than 180 days after the enactment of this Act, each military resale entity shall maintain and make publicly available on its official website a directory that lists all ENDS product and oral nicotine product manufacturers and all product brand names, categories (such as e-liquid, e-liquid cartridge, e-liquid pod, or disposable), product names, and flavors for which certification forms have been submitted and approved by the relevant military resale entity.
- (2) Updates
- Each military resale entity shall—
- update the directory under paragraph (1) at least monthly to ensure accuracy; and
- establish a process to provide each exchange or commissary notice of the initial publication of the directory and changes made to the directory in the prior month.
- Each military resale entity shall—
- (3) Exclusions and removals
- An ENDS product or oral nicotine product shall not be included or retained in a directory of a military resale entity if the relevant military resale entity determines that any of the following apply:
- The manufacturer failed to provide a complete and accurate certification as required by this section.
- The manufacturer submitted a certification that does not comply with the requirements of this section.
- The information provided by the manufacturer in its certification contains false information, material misrepresentations, or omissions.
- An ENDS product or oral nicotine product shall not be included or retained in a directory of a military resale entity if the relevant military resale entity determines that any of the following apply:
- (4) Notice required
- In the case of a removal of a product from a directory under paragraph (3), the relevant military resale entity shall provide to the manufacturer involved notice and at least 30 days to cure deficiencies before removing the manufacturer or its products from the directory.
- (5) Effect of removal
- The ENDS product or oral nicotine product of a manufacturer identified in a notice of removal under paragraph (3) are, beginning on the date that is 30 days after such removal, subject to seizure, forfeiture, and destruction, and may not be purchased or sold for retail sale at any exchange or commissary operated by or for a military resale entity.
- (1) In general
- (g) Definitions
- In this section:
- The term —
ENDS product - The term
military resale entitiesmeans— - The term
oral nicotine productmeans— - The term
Secretarymeans the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. - The term
timely filed premarket tobacco product applicationmeans an application that was submitted under section 910 of the Federal Food, Drug, and Cosmetic Act () on or before September 9, 2020, and accepted for filing with respect to an ENDS product or oral nicotine product containing nicotine marketed in the United States as of August 8, 2016. 21 U.S.C. 387j
- The term —
- In this section:
Subtitle B—Other Matters
Sec. 1721. Technical and conforming amendments.
- (a) Title 10, United States Code
- Title 10, United States Code, is amended as follows:
- In the subtitle analysis for subtitle A, by striking the item relating to chapter 243 and inserting the following:
- Other Matters Relating to Awarding of Contracts
- In the tables of chapters at the beginning of part I of such subtitle, by striking the item relating to chapter 25 and inserting the following:
- Electromagnetic Warfare
- In section 132a—
- in the section heading, by striking and inserting ; and
- in subsection (c)(1), by striking
National Defense Authorization Act of Fiscal Year 2008and insertingNational Defense Authorization Act for Fiscal Year 2008.
- In section 139a, by striking each place it appears and inserting
section 3221. - In section 183a(h)(3), by striking the semicolon and inserting a comma.
- In chapter 9, by redesignating the second section 222e (relating to unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report) as section 222f.
- In section 525(a)(4)(C), by striking the period after .
- In chapter 40, by redesignating section 711 (relating to parental leave for members of certain reserve components of the armed forces) as section 710a (and conforming the table of contents with respect to the section number and heading).
- In subsection (a)(2) of such section 710a, as so redesignated—
- in subparagraph (A), by striking each place it appears and inserting
paragraph (1); and - in subparagraph (B)—
- (i) by striking both places it appears and inserting
paragraph (1); - (ii) by striking
clause (i)and insertingsubparagraph (A); and - (iii) by striking the semicolon that appears after the period.
- (i) by striking both places it appears and inserting
- in subparagraph (A), by striking each place it appears and inserting
- In section 1143(e)(1), by striking and inserting .
- In section 1558(c)(1), by striking the comma after .
- In section 1749—
- in subsection (b)(4), by striking
emphasizes—and insertingemphasize—; and - in subsection (c)—
- (i) in the matter preceding paragraph (1), by inserting after ; and
- (ii) in paragraph (2)—
- by striking
hasand insertinghave; and - by striking
canand insertingthe ability to.
- in subsection (b)(4), by striking
- In section 2107(k), by striking the subsection heading.
- In section 2818(a), by striking
contactand insertingcontract. - In section 2819(e), by inserting before .
- In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 326 and inserting the following:
- Weapon Systems Development and Related Matters
- Development, Application, and Support of Dual-Use Technologies
- In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 383 and inserting the following:
- In section 3072(c), by amending the subsection heading to read as follows:
- (c) Acquisition programs and initiatives to be considered
- In section 3603(a), by striking .
- In section 4127(d)(9), by striking
pursingand insertingpursuing. - In section 4022(e)(1), by striking each place it appears and inserting
Under Secretary of Defense. - In chapter 303, by redesignating the second section 4128 (relating to the Joint Federated Assurance Center) as section 4129.
- In section 4663(a), by inserting before .
- In section 4816(b
)(6), by inserting after . - In section 4872(e)(1), by striking
the Secretary of Defense of the Secretary or the Secretary of the military department concernedand insertingthe Secretary of Defense or the Secretary of the military department concerned. - In section 5502, in the section heading, by striking and inserting .
- In section 5513, in the section heading, by striking and inserting .
- In section 5531(b) is amended—
- by striking both places it appears and inserting
subsection (a); - in paragraph (1), by striking
subparagraph (B)and insertingparagraph (2); and - in paragraph (2), by striking
subparagraph (A)and insertingparagraph (1).
- by striking both places it appears and inserting
- In section 7361(a)(2), by striking
Vietnam Eraand insertingVietnam era. - In section 82218, in each of subsections (c)(1)(D) and (k)(3)(B), by striking and inserting .
- In section 9062a, in the section heading, by striking the period that appears after .
- In section 9361(a)(2), by striking
Vietnam Eraand insertingVietnam era. - In section 9531, in the section heading, by striking the period that appears after .
- In section 10216(f), by striking the period that appears after .
- In the tables of chapters at the beginning of part III of subtitle E, by striking the item relating to chapter 1413 and inserting the following:
- Alternative Promotion Authority for Officers in Designated Competitive Categories
- In section 14504(b), by striking
the the Secretaryand insertingthe Secretary.
- In the subtitle analysis for subtitle A, by striking the item relating to chapter 243 and inserting the following:
- Title 10, United States Code, is amended as follows:
- (b) Coordination with other amendments made by this Act
- For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1722. Transfer or possession of defense items for national defense purposes.
- (a) Transfer and possession exceptions
- Section 922(o)(2) of title 18, United States Code, is amended—
- in subparagraph (A), by striking
or byand inserting, by, or under the authority of; - in subparagraph (A), by striking
orat the end; - in subparagraph (B), by striking the period at the end and inserting ; and
- a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—
- (i) joint production of a weapon, or integration or incorporation into another article or device;
- (ii) calibration, testing, or research and development;
- (iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or
- (iv) training of Department of Defense personnel and Federal, State, local, or friendly foreign government military and law enforcement personnel.
- a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—
- by inserting after subparagraph (B) the following new subparagraph:
- in subparagraph (A), by striking
- Section 922(o)(2) of title 18, United States Code, is amended—
- (b) Importation requirements
- Section 925(d) of such title is amended—
- in paragraph (3)—
- by inserting before ; and
- by striking
orat the end;
- in paragraph (4), by striking the period at the end and inserting ; and
- is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraphs (A) or (C) of section 922(o)(2).
- by inserting after paragraph (4) the following new paragraph:
- in paragraph (3)—
- Section 925(d) of such title is amended—
- (c) Report
- (1) In general
- Not later than one year after the effective date of this section, the Secretary of Defense shall—
- conduct a survey of defense contractors who have used or intend to use a covered exception; and
- submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of such survey.
- Not later than one year after the effective date of this section, the Secretary of Defense shall—
- (2) Elements
- The report submitted under paragraph (1) shall include the following:
- The number of contractors that used a covered exception during the period covered by the report.
- Any issues identified by the Department of Defense or such contractors with the implementation of such covered exception.
- Any recommendations for changes to statutes or regulations to implement covered exceptions.
- The report submitted under paragraph (1) shall include the following:
- (3) Covered exception defined
- In this subsection, the term
covered exceptionmeans an exception provided under—- subparagraph (C) of section 922(o)(2) of title 18, United States Code, as added by this section; or
- paragraph (5) of section 922(d) of such title, as added by this section.
- In this subsection, the term
- (1) In general
- (d) Effective date
- This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act.
Sec. 1723. Evaluation of risks posed by communications equipment and services produced by foreign adversary entities.
Section 1709 of the National Defense Authorization Act for Fiscal Year 2025 (; note) is amended— Public Law 118–159; 47 U.S.C. 1601
- in subsection (a), in the subsection heading, by striking and inserting ;
- by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
- (b) Evaluation of unmanned aircraft systems communications equipment and services produced by foreign adversary entities
- (1) In general
- Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons:
- Unmanned aircraft systems that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
- Unmanned aircraft systems with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
- Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
- Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons:
- (2) Addition to the covered list
- If the appropriate national security agency does not make a determination as required by paragraph (1) by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph (1) to the covered list.
- (1) In general
- (b) Evaluation of unmanned aircraft systems communications equipment and services produced by foreign adversary entities
- by inserting after subsection (a) the following new subsection:
- in subsection (c), as redesignated by paragraph (2), by inserting after each place it appears;
- The term
unmanned aircraft systemhas the meaning given that term in section 44801 of title 49, United States Code. - The term —
foreign adversary- means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ()); and 47 U.S.C. 1607(c)
- includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
- The term
person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversaryhas the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation.
- The term
- in subsection (d), as so redesignated, by adding at the end the following:
- in subsection (e), as so redesignated, by striking
subsection (b)(1)(A)and insertingsubsection (c)(1)(A).
Title XVIII—Streamlining Procurement for Effective Execution and Delivery
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.
- (a) Objectives of defense acquisition system
- (1) In general
- (a) In general
- The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
- (b) Guidance
- The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following:
- All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.
- The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
- The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats.
- The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results.
- The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure.
- The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.
- The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following:
- Section 3102 of title 10, United States Code, is amended to read as follows:
- (a) In general
- (2) Conforming amendments
- (A) Under Secretary of Defense for Acquisition and Sustainment
- Section 133b(b) of title 10, United States Code, is amended—
- (i) in paragraph (1), by striking
delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)and insertingexpeditiously providing the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable; and - (ii) in paragraph (9)(A), by striking
defense acquisition programsand insertingthe defense acquisition system, in accordance with the objectives established by section 3102 of this title.
- (i) in paragraph (1), by striking
- Section 133b(b) of title 10, United States Code, is amended—
- (B) Director of Operational Test and Evaluation
- Section 139 of title 10, United States Code, is amended—
- (i) in subsection (b), by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and
- (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph:
- ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title;
- Section 139 of title 10, United States Code, is amended—
- (C) Director of Cost Assessment and Program Evaluation
- Section 139a(d) of title 10, United States Code, is amended by inserting before .
- (A) Under Secretary of Defense for Acquisition and Sustainment
- (1) In general
- (b) Civilian management of the defense acquisition system
- Section 3103 of title 10, United States Code, is amended—
- in subsection (a), by striking
to ensure the successful and efficient operation of the defense acquisition systemand insertingin accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title; and - in subsection (b), by striking and inserting the following:
- in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following:
- Implement strategies to effectively and efficiently respond to changes in capability requirements.
- Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program.
- Use iterative development cycles and discontinue or terminate the development of capabilities—
- that no longer align with approved capability requirements or priorities; or
- are experiencing significant cost growth, performance deficiencies, or delays in schedule.
- Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title.
- Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities.
- Ensure that contracting officers are appropriately trained and assigned to support effective contract management.
- in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following:
- in subsection (a), by striking
- Section 3103 of title 10, United States Code, is amended—
- (c) Acquisition-related functions of chiefs of the armed forces
- (1) Performance of Certain Acquisition-related Functions
- Section 3104(a) of title 10, United States Code, is amended—
- by inserting after ; and
- The development of capability requirement statements for equipping the armed force concerned that—
- describe the operational problem to provide necessary context for the capability requirement; and
- describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem;
- The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1).
- The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made.
- In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States.
- The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title.
- Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness.
- Any recommendation for the termination of the development of capabilities—
- that no longer align with approved capability requirements or priorities;
- for which costs have significantly increased; or
- for which schedule delays have been significant.
- Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.
- The development of capability requirement statements for equipping the armed force concerned that—
- by amending paragraphs (1) through (7) to read as follows:
- by inserting after ; and
- Section 3104(a) of title 10, United States Code, is amended—
- (2) Adherence to Requirements in Major Defense Acquisition Programs
- Section 3104(b) of title 10, United States Code, is amended—
- in paragraph (1), by striking
program capability document supporting a Milestone B or subsequent decisionand insertingrequirements documents; and - in paragraph (2)—
- (i) in subparagraph (A), by striking ; and
- (ii) in subparagraph (B), by striking
cost, schedule, technical feasibility, and performance trade-offsand insertinglife-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs.
- in paragraph (1), by striking
- Section 3104(b) of title 10, United States Code, is amended—
- (3) Definitions
- Section 3104(d) of title 10, United States Code, is amended to read as follows:
- (d) Requirements document defined
- In this section, the term
requirements documentmeans a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title).
- In this section, the term
- (d) Requirements document defined
- Section 3104(d) of title 10, United States Code, is amended to read as follows:
- (1) Performance of Certain Acquisition-related Functions
- (d) Implementation
- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
- (e) Technical amendments
- In this chapter:
- The term
best valuemeans, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. - The term
capability requirementhas the meaning provided in section 181 of this title. - The term
cost-effectivemeans, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.
- The term
- Section 3101 of title 10, United States Code, is amended to read as follows:
- Section 3001(c) of title 10, United States Code, is amended by striking
this sectionand insertingthis part.
- In this chapter:
Sec. 1802. Program executive officer responsibilities.
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after the following new section: chapter 87; section 1731
- (a) In general
- A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management.
- (b) Objectives
- In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:
- Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable.
- Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
- Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats.
- In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:
- (c) Specific responsibilities
- (1) In general
- For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:
- Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer.
- Ensure the cost-effective allocation of resources by delivering operational capabilities.
- Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b).
- Use iterative development cycles and discontinue or terminate the development of capabilities—
- (i) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
- (ii) that are experiencing significant cost growth, performance deficiencies, or delays in schedule.
- Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title).
- Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title.
- Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate.
- Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section.
- For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:
- (2) Milestone decision authority duties
- A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense.
- (1) In general
- (d) Functional Support
- The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include—
- contracting and contract management;
- estimating costs;
- financial management;
- life-cycle management and product support;
- program management;
- engineering and technical management; and
- developmental testing and evaluation.
- The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include—
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after the following new section: chapter 87; section 1731
- (b) Amendment to definitions
- The term
program executive officermeans an individual described in section 1732(a) of this title. - Section 1737(a)(4) of title 10, United States Code, is amended to read as follows:
- The term
Sec. 1803. Product support manager responsibilities and requirements.
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after as added by section 1802, the following new section: chapter 87; section 1732,
- (a) In general
- A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system.
- (b) Objectives
- In carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title.
- (c) Specific responsibilities
- A product support manager shall be responsible for the following:
- Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system.
- Collaborate with the chief engineer and systems engineers for the covered system—
- to develop the life-cycle sustainment plan and any product support plans for the covered system; and
- to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system.
- Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management.
- Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems.
- Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system.
- Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title).
- Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title.
- A product support manager shall be responsible for the following:
- (d) Covered system defined
- In this section, the term
covered systemhas the meaning given in section 4322 of this title.
- In this section, the term
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after as added by section 1802, the following new section: chapter 87; section 1732,
- (b) Education, training, and experience requirements for product support managers
- Section 1735 title 10, United States Code, is amended—
- by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
- (c) Product support manager
- Before being assigned to a position as product support manager, a person—
- shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense;
- shall have executed a written agreement as required in section 1734(b)(2) of this title; and
- in the case of—
- a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; and
- a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics.
- Before being assigned to a position as product support manager, a person—
- (c) Product support manager
- by inserting after subsection (b) the following new subsection:
- by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
- Section 1735 title 10, United States Code, is amended—
- (c) Conforming amendments
- (iv) Product support manager.
- Section 1731(a)(1)(B) title 10, United States Code, is amended by adding at the end the following new clause:
Sec. 1804. Amendments to life-cycle management and product support.
- (a) Reorganization of life-cycle and sustainment chapter
- (1) In general
- of title 10, United States Code, is amended— Chapter 323
- by repealing sections 4321, 4323, and 4324;
- by redesignating section 4328 as section 4321 and transferring such section so as to appear after the table of sections at the beginning of such chapter;
- by redesignating section 4325 as section 4323 and transferring such section so as to appear after section 4321;
- in section 4323, as so redesignated, by striking
section 4324 of this titleand insertingsection 4322 of this title; and - by amending the table of sections at the beginning of such chapter to read as follows:
- of title 10, United States Code, is amended— Chapter 323
- (2) Conforming amendments
- Section 3041(a) of title 10, United States Code, is amended by striking
sections 4292(e) and 4321and insertingsection 4292(e). - Section 3221(b)(2) of title 10, United States Code, is amended by striking
4321, 4323, and 4328 of this titleand insertingand 4321 of this title,. - Section 4211(c)(2)(D) of title 10, United States Code, is amended by striking
section 4324 of this titleand insertingsection 4322 of this title. - Section 4252(b)(14) of title 10, United States Code, is amended by striking
section 4324(b) of this titleand insertingsection 4322 of this title.
- Section 3041(a) of title 10, United States Code, is amended by striking
- (1) In general
- (b) Life-cycle management and product support
- of title 10, United States Code, as amended by subsection (a), is further amended by inserting after section 4321 the following new section: Chapter 323
- (a) In general
- The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan—
- that is approved by the senior acquisition executive responsible for such covered system; and
- that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
- The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan—
- (b) Product support manager
- The Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system.
- (c) Life-cycle sustainment plan
- A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
- A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system.
- A life-cycle cost estimate for the covered system that—
- (i) is based on the planned product support strategy described in subparagraph (A); and
- (ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval (as defined in section 4251(e) of this title), Milestone B approval, or Milestone C approval (as such terms are defined in section 4172(e) of this title).
- Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
- An intellectual property management plan for product support developed in accordance with section 3774 of this title.
- A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships—
- (i) with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and
- (ii) that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal.
- A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including—
- (i) a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities;
- (ii) an identification of the funding required to provide such products and services for any initial fielding location of the covered system;
- (iii) an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services;
- (iv) the timeline for delivery of such products and services; and
- (v) an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv).
- In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following:
- Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system.
- Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title).
- Compliance with—
- (i) requirements to maintain a core logistics capability under section 2464 of this title; and
- (ii) limitations on the performance of depot-level maintenance of materiel under section 2466 of this title.
- A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system.
- A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
- (d) Continuous assessment and active management
- In carrying out the duties of this section and section 1733 of this title, the product support manager shall—
- continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and
- as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system.
- In carrying out the duties of this section and section 1733 of this title, the product support manager shall—
- (e) Recommendations
- The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a).
- The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations.
- (f) Definitions
- In this section:
- The term
covered systemmeans— - The term
operational readinessmeans the capability of a unit of the armed forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed. - The term
product supportmeans the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system.
- The term
- In this section:
- (a) In general
- of title 10, United States Code, as amended by subsection (a), is further amended by inserting after section 4321 the following new section: Chapter 323
- (c) Conforming amendments to materiel readiness metrics and objectives for major weapon systems
- Section 118 of title 10, United States Code, is amended—
- in the section heading, by inserting before ;
- in subsection (b), by striking
shall addressand insertingshall establish procedures and a computation methodology to determine; - in subsection (c)—
- in paragraph (1), by striking
the metrics requiredand all that follows through the period at the end and insertingmateriel readiness objectives for each major weapon system.; and - in paragraph (2), by striking
the metrics required by subsection (b)and insertingsuch readiness objectives;
- in paragraph (1), by striking
- in subsection (d)(2), by striking
readiness goals or objectivesand insertingmateriel readiness objectives; - in subsection (e), in the matter preceding paragraph (1), by inserting a comma after ; and
- in subsection (f)—
- by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
- The term
materiel readiness objectivemeans the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a).
- The term
- by inserting after paragraph (2) the following new paragraph:
- by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
- Section 118 of title 10, United States Code, is amended—
Sec. 1805. Modifications relating to life-cycle and sustainment provisions.
- (a) Modification to Life-cycle management and product support
- Subsection (c)(1)(F) of section 4322 of title 10, United States Code, as amended by section 1804 of this Act, is further amended—
- by striking
A planand insertingAfter consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan; - by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively;
- (iii) an assessment as to the required number of training simulators, including the initial operational capability and overall fielding of such simulators;
- by inserting after clause (ii) the following new clause:
- in clause (vi) (as so redeisgnated), by striking
in accordance with clause (iv)and inserting in .
- by striking
- Subsection (c)(1)(F) of section 4322 of title 10, United States Code, as amended by section 1804 of this Act, is further amended—
- (b) Elements
- Subsection (b) of section 4323 of title 10, United States Code, as redesignated by section 1804 of this Act, is amended—
- by striking paragraphs (9) and (10);
- by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
- in paragraph (1), by inserting before ;
- in paragraph (3), by striking
, to determineand all that follows through the semicolon at the end and insertingand make necessary adjustments to the life-cycle sustainment plan required by section 4322 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable;;- require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to—
- identify any factors contributing to a major weapon system failing to meet such requirements and objectives;
- develop and implement a corrective action plan to address identified shortfalls in meeting such requirements and objectives in an expeditious manner; and
- inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title;
- require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to—
- by inserting after paragraph (3) the following new paragraph:
- in paragraph (9) (as so redesignated), by inserting after the semicolon at the end;
and- prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the military departments to prepare a life cycle intellectual property management plan for product support sufficient to comply with the requirements of section 2464 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).
- by inserting after paragraph (9) (as so redesignated) the following new paragraph:
- Subsection (b) of section 4323 of title 10, United States Code, as redesignated by section 1804 of this Act, is amended—
- (c) Submission to Congress
- Such section 4323 is further amended—
- by redesignating subsection (d) as subsection (e); and
- by inserting after subsection (c) the following new subsection:
- (d) Submission to Congress
- Not later than December 31, 2026, and annually thereafter, each Secretary of a military department shall submit to the congressional defense committees a report that includes the following:
- Findings from a review of the effectiveness of the life-cycle sustainment plan for a major weapon system, as adjusted pursuant to subsection (b)(3).
- Findings from the assessments required by subsection (b)(4).
- A description of any corrective action plan required by subsection (b)(4)(B), and an update on progress made in implementing such a plan.
- A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title.
- A summary of actions taken by the Secretary to ensure that each major weapon system of the military department under the jurisdiction of the Secretary meet the applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
- For a major weapon system that has not met established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title) for three consecutive years, such report shall include a mitigation plan to address supply, maintenance, or other issues contributing to failure to meet such objectives.
- Not later than December 31, 2026, and annually thereafter, each Secretary of a military department shall submit to the congressional defense committees a report that includes the following:
- (d) Submission to Congress
- Such section 4323 is further amended—
Sec. 1806. Major capability activity areas and pathfinder programs.
- (a) Transition plan required
- (1) Submission of plan
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a comprehensive plan for reorganizing the structure of the relevant defense budget materials to be primarily organized around major capability activity areas ().
MCAAs
- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a comprehensive plan for reorganizing the structure of the relevant defense budget materials to be primarily organized around major capability activity areas ().
- (2) Elements of the plan
- The plan required under paragraph (1) shall be developed to more effectively facilitate the development, fielding, operation, sustainment, and modernization of capabilities or activities of the Department of Defense in accordance with the objectives established pursuant to section 3102 of title 10, United States Code, as added by section 1801 of this Act. Such plan shall include the following:
- A description of each proposed MCAA, including how the specific capability of the Department of Defense that is the subject of each MCAA aligns with and supports joint military capabilities.
- A proposed schedule, including benchmarks, for phased implementation of the plan to organize the programs of each military department and Defense Agency in a manner primarily organized around MCAAs.
- A description of any modifications to reporting, budget justification, or data systems required for defense budget materials to be primarily organized around MCAAs, including modifications necessary to maintain transparency and enable effective oversight by the congressional defense committees.
- Recommendations for statutory or regulatory changes needed to facilitate the reorganization of defense budget materials to be primarily organized around MCAAs.
- A strategy for maintaining clarity and detail for defense budget materials primarily organized around MCAAs to—
- (i) preserve accountability for the delivery of a capability of the Department of Defense that is the subject of the MCAA; and
- (ii) enable effective oversight by the congressional defense committees.
- A description of the process for designating a Pathfinder under subsection (b).
- The plan required under paragraph (1) shall be developed to more effectively facilitate the development, fielding, operation, sustainment, and modernization of capabilities or activities of the Department of Defense in accordance with the objectives established pursuant to section 3102 of title 10, United States Code, as added by section 1801 of this Act. Such plan shall include the following:
- (3) Organization by MCAAs
- (A) In general
- In designating the proposed MCAAs required by subsection (a)(2)(A), the Secretary shall—
- (i) organize each proposed MCAA in a capability-oriented structure that reflects the unique and specific aspects of the subject capability of the MCAA;
- (ii) assign relevant development, procurement, operations, and sustainment activities of the Department to the proposed MCAA as appropriate; and
- (iii) ensure each proposed MCAA is organized in a manner that—
- will improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA; and
- connects funding for activities assigned to the proposed MCAA to the delivery of subject capability.
- In designating the proposed MCAAs required by subsection (a)(2)(A), the Secretary shall—
- (B) Flexibility
- The Secretary of Defense shall ensure each military department and Defense Agency has flexibility, according to their specific mission requirements, in the organization of proposed MCAAs.
- (A) In general
- (1) Submission of plan
- (b) Designation of pathfinder mcaas
- (1) Designation
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
- designate at least two program executive offices of the Department of Defense to be known as ;
Pathfinders - identify the program executive officer (as described in section 1732 of title 10, United States Code, as added by section 1802 of this Act) with the responsibility of administering each such Pathfinder;
- ensure each such program executive officer organizes the programs assigned to such offices into a MCAA in accordance with the requirements of subsection (a)(3); and
- submit to the congressional defense committees a notification of each designation made under subparagraph (A), including the total amount authorized to be appropriated for each Pathfinder for fiscal year 2026 and a description of the MCAA associated with each Pathfinder.
- designate at least two program executive offices of the Department of Defense to be known as ;
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
- (2) Additional or alternative materials
- To inform the development of the plan required by subsection (a), each program executive officer for a Pathfinder shall prepare alternative or additional defense budget materials or develop alternative oversight mechanisms for the capability of the Department of Defense that is the subject of the Pathfinder.
- (3) Modified transfer authority for pathfinders
- (A) Authority
- The Secretary of Defense, acting through a Secretary of a military department or the head of a Defense Agency, may transfer amounts authorized for programs, projects, or activities that are included in a Pathfinder under the jurisdiction of such Secretary or head among such programs, projects, or activities.
- (B) Limitations
- A transfer made under this paragraph—
- (i) shall directly support delivery of the capability of the Department of Defense that is the subject of the Pathfinder;
- (ii) may not be used to initiate a new start program (as described in section 3601 of title 10, United States Code);
- (iii) may not be used to terminate a program or activity of the Department that was in operation on or before the date of the designation of the Pathfinder; and
- (iv) may not exceed 40 percent of the total amount for a Pathfinder specified under paragraph (1)(D).
- A transfer made under this paragraph—
- (A) Authority
- (4) Additional pathfinders
- The Secretary of Defense may designate additional MCAAs as Pathfinders under the authority of this subsection if the Secretary notifies the congressional defense committees not later than 15 days prior to each such designation.
- (1) Designation
- (c) Report to Congress
- (1) In general
- Not later than 540 days after the date of the enactment of this Act, and annually thereafter until December 31, 2029, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary of Defense in—
- implementing the plan to reorganize the structure of the defense budget materials to be primarily organized around major capability activity areas; and
- assessing the effectiveness of the use of a capability-oriented structure in subsection (a)(3) and Pathfinders in subsection (b) to—
- (i) improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA or Pathfinder;
- (ii) inform and improve budget planning for future activities assigned to the proposed MCAA or Pathfinder for the delivery of subject capability; and
- (iii) achieve the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by section 1801 of this Act).
- Not later than 540 days after the date of the enactment of this Act, and annually thereafter until December 31, 2029, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary of Defense in—
- (2) Contents
- The report required under paragraph (1) shall include the following:
- An evaluation of how the use of MCAAs in preparing defense budget materials has affected the use and allocation of resources and the alignment of such materials with the objectives of the defense acquisition system.
- The extent to which MCAAs and use of the transfer authority under subsection (b)(3) for Pathfinders affect the speed of addressing emerging threats and adopting new technologies.
- An analysis of any costs or benefits of using MCAAs.
- Recommendations, including statutory or regulatory modifications, for—
- (i) expanding the use of Pathfinders; and
- (ii) continuing the transition to using MCAAs to prepare defense budget materials.
- The report required under paragraph (1) shall include the following:
- (1) In general
- (d) Guidance and directives
- The Secretary of Defense shall issue such rules or guidance as necessary to carry out this section, and shall ensure such rules and guidance align with recommendations for improved agility and transparency provided by the Commission on Planning, Programming, Budgeting and Execution Reform (established under section 1004 of the National Defense Authorization Act for Fiscal Year 2022 ()). Public Law 117–81
- (e) Definitions
- In this section:
- The term , with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
defense budget materials - The term or means a compilation of activities that relate to the delivery of a capability of the Department of Defense, as determined by the Secretary of Defense, for purposes of display in the defense budget materials.
major capability activity area,MCAA - The term
joint military capabilitieshas the meaning given in section 181 of title 10, United States Code.
- The term , with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
- In this section:
Subtitle B—Requirements Process Reform
Sec. 1811. Joint Requirements Council.
- (a) Amendment to name and mission of Joint Requirements Oversight Council
- Section 181 of title 10, United States Code, is amended—
- in the section heading, by striking ;
- in subsection (a), by striking and inserting the following:
- Joint Requirements
Council(in this section referred to as the ) in the Department of Defense. The Council shall—- assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and
- provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as ).
RAPID
- Joint Requirements
- by striking each place it appears and inserting
Joint Requirements Council.
- Section 181 of title 10, United States Code, is amended—
- (b) Duties
- Subsection (b) of such section 181 is amended to read as follows:
- (b) Duties
- The Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties:
- Continuously evaluating global trends, adversary capabilities, and emerging threats to inform awareness and understanding of joint operational problems.
- In coordination with commanders of combatant commands, compiling, refining, and prioritizing joint operational problems.
- Identifying and prioritizing gaps in joint military capabilities to address joint operational problems.
- Identifying advances in technology and innovative concepts of operation that could improve the ability of the joint force to address evolving threats and maintain the military advantage of the United States.
- Developing a joint capability requirement statement that—
- describes the joint operational problem to provide necessary context for the joint capability requirement; and
- describes the solution sought in a nonprescriptive manner to allow agile and innovative development of joint capability requirements to address the joint operational problem.
- Making the following recommendations to RAPID:
- With respect to a quick action requirement, actions to fulfill such quick action requirement, not later than 30 days after receipt or identification of such quick action requirement.
- Actions to fulfill each joint capability requirement necessary to address joint operational problems, not later than 60 days after receipt or identification of such a joint operational problem.
- Modifications to joint force design suitable for addressing joint operational problems or effectively integrating advancements in technology and new concepts of operation.
- Ways to improve operational effectiveness, increase operational flexibility, or improve interoperability and coordination between and among joint military capabilities and the military capabilities of allies or partners.
- Providing notification to Deputy Secretary of Defense—
- upon receipt or identification of a quick action requirement; and
- upon submission of any recommendation to RAPID.
- The Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties:
- (b) Duties
- Subsection (b) of such section 181 is amended to read as follows:
- (c) Composition
- Subsection (c) of such section 181 is amended—
- in paragraph (1)(A)—
- by inserting before ; and
- by striking
joint performance requirementsand insertingjoint capability requirements; and
- in paragraph (3), by inserting after .
- in paragraph (1)(A)—
- Subsection (c) of such section 181 is amended—
- (d) Advisors
- Subsection (d) of such section 181 is amended—
- in paragraph (2)—
- by inserting before ; and
- by striking
its mission under paragraphs (1) and (2) of subsection (b)and insertingthe duties described in subsection (b); and
- in paragraph (3)—
- by striking
seek, and strongly consider,and insertingseek and consider; - by striking ; and
- by striking .
- by striking
- in paragraph (2)—
- Subsection (d) of such section 181 is amended—
- (e) Responsibility for Capability Requirements
- Subsection (e) of such section 181 is amended to read as follows:
- (e) Responsibility for Capability Requirements
- The Chief of Staff of an armed force is responsible for the capability requirements for that armed force.
- (e) Responsibility for Capability Requirements
- Subsection (e) of such section 181 is amended to read as follows:
- (f) Analytic and Engineering Support
- Subsection (f) of such section 181 is amended—
- in the subsection heading, by inserting after ;
- by inserting after ; and
- by striking .
- Subsection (f) of such section 181 is amended—
- (g) Availability of Information to Congressional Defense Committees
- Subsection (g) of such section 181 is amended—
- in the subsection heading, by striking ; and
- by striking
oversight informationand insertinginformation.
- Subsection (g) of such section 181 is amended—
- (h) Definitions
- Subsection (h) of such section 181 is amended to read as follows:
- (h) Definitions
- In this section:
- The term
capability requirementmeans a requirement for a capability that is critical or essential to address an operational problem. - The term
joint capability requirementmeans a capability requirement, including a capability requirement related to a requirement for joint force interoperability, that is critical or essential to address a specific joint operational problem. - The term
joint military capabilitiesmeans the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations. - The term
joint operational problemmeans a joint challenge faced by a combatant command in achieving an assigned military objective and may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, among joint military capabilities, or with the military capabilities of allies or partners. - The term
operational problemmeans a challenge or barrier in an operational environment that needs to be overcome to achieve a specific military objective. - The term
quick action requirementhas the meaning given in Department of Defense Directive 5000.71 titled (August 24, 2012). The term has the meaning given in Department of Defense Directive 5000.71 titled (August 24, 2012).Rapid Fulfillment of Combatant Commander Urgent Operational Needs
- The term
- In this section:
- (h) Definitions
- Subsection (h) of such section 181 is amended to read as follows:
- (i) Implementation
- Not later than 30 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs shall revise policies for the Joint Strategic Planning System (established under the Chairman of the Joint Chiefs of Staff Instruction 3100.01F), the Manual for the Operation of the Joint Capabilities Integration and Development System (issued October 30, 2021) and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
- (j) Conforming amendments
- (1) Title 10, United States Code
- Title 10, United States Code, is amended—
- in section 139a, by striking each place it appears and inserting
Joint Requirements Council; - in section 153(a)(5)(F), by striking
section 181 of this titleand insertingsections 181 and 186 of this title; - in section 179(c)(9)—
- (i) by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council; and - (ii) by striking
section 181(h)and insertingsection 181;
- (i) by striking
- in section 2926(f)(5)(C), by striking
describingand all that follows through and insertingdetails regarding; - in section 3067(b)(1), by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council; - in section 3136(e)(1)(A)(ii), by striking
approved by the Joint Requirements Oversight Council andand insertingrecommended for approval by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title); - in section 4202(a)(2)(A), by striking
joint military requirementand all that follows through the period at the end and inserting the following: ; - by amending section 4251(e)(1) to read as follows:
- The term
requirements documenthas the meaning given in section 3104(d) of this title.
- The term
- in section 4252(b)(9), by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council; - in section 4376—
- (i) in subsection (a), by striking ;
- (ii) in subsection (b)(2)(B), by striking
joint military requirement (as defined in section 181(g)(1) of this title) at less costand insertingjoint capability requirement at less cost; and - (iii) in subsection (c)(3), by striking
joint military requirementsand insertingjoint capability requirements; and
- in section 5514(b)(2)(C)(ii), by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council.
- in section 139a, by striking each place it appears and inserting
- Title 10, United States Code, is amended—
- (2) Other laws
- Section 902(d) of the National Defense Authorization Act for Fiscal Year 2024 ( note) is amended— 10 U.S.C. 139a
- (i) by striking
, performance requirements, and joint performance requirementsand insertingor performance requirements; and - (ii) by striking
Joint Requirements Oversight Council to validate such requirementsand insertingJoint Requirements Council.
- (i) by striking
- Section 1684(d)(4)(A)(i) of the National Defense Authorization Act for Fiscal Year 2024 ( note) is amended by striking
either approved by, or in development for, the Joint Requirements Oversight Counciland insertingin development for consideration or under consideration by the Joint Requirements Council. 10 U.S.C. 2271 - Section 1686(b)(1) of the National Defense Authorization Act for Fiscal Year 2024 ( note) is amended by striking
through the Joint Requirements Oversight Counciland insertingin consultation with the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of title 10, United States Code). 10 U.S.C. 2224 - Section 1510(b)(2) of the National Defense Authorization Act for Fiscal Year 2023 ( note) is amended by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council. 10 U.S.C. 113 - Section 915(a)(1) of the National Defense Authorization Act for Fiscal Year 2023 ( note) is amended by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council. 10 U.S.C. 132 - Section 938(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 ( note prec.) is amended by striking
Joint Requirements Oversight Counciland insertingJoint Requirements Council. 10 U.S.C. 4571
- Section 902(d) of the National Defense Authorization Act for Fiscal Year 2024 ( note) is amended— 10 U.S.C. 139a
- (3) Repeals
- The following provisions of law are repealed:
- Section 942 of the National Defense Authorization Act for Fiscal Year 2008 ( note). 10 U.S.C. 181
- Section 916 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( note). 10 U.S.C. 181
- Section 105(b) of the Weapon Systems Acquisition Reform Act of 2009 ( note). 10 U.S.C. 181
- Section 201 of the Weapon Systems Acquisition Reform Act of 2009 ( note). 10 U.S.C. 3102
- The following provisions of law are repealed:
- (1) Title 10, United States Code
Sec. 1812. Establishment of the Requirements, Acquisition, and Programming Integration Directorate.
- (a) In general
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 7; section 185
- (a) Establishment
- There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as ).
RAPID
- There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as ).
- (b) Purposes
- RAPID shall—
- serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems;
- provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and
- act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters.
- RAPID shall—
- (c) Organization and membership
- RAPID shall consist of the following members:
- The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID.
- One member designated by each commander of a combatant command.
- One member designated by the Chairman of the Joint Requirements Council.
- One member designated by the Director of Cost Assessment and Program Evaluation.
- One member designated by each service acquisition executive of a military department.
- One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026).
- One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled (August 24, 2012).
Rapid Fulfillment of Combatant Commander Urgent Operational Needs - One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID.
- RAPID shall consist of the following members:
- (d) Responsibilities
- RAPID shall—
- promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—
- (i) associated resource requirements;
- (ii) mission engineering and interoperability considerations for integration into joint architectures; and
- (iii) factors related to acquisition and sustainment; and
- provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense.
- promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—
- In carrying out paragraph (1), RAPID shall—
- use data-driven decisionmaking to prioritize resource allocation;
- maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made;
- enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and
- in addition to any other considerations required under this subsection, consider—
- (i) joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council;
- (ii) any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i);
- (iii) recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and
- (iv) the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration.
- RAPID shall—
- (e) Recommendation
- Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:
- A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution.
- Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem.
- With respect to a solution for which access may be shared with an ally or partner country, recommended considerations—
- (i) to be incorporated during the design and development phase of the solution; and
- (ii) to facilitate future production and logistics support for the solution to the ally or partner country.
- Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability.
- Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
- The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection.
- Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:
- (f) Determination
- Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation.
- The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies.
- The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction—
- for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or
- to RAPID for further action to address the relevant joint operational problem.
- (g) Notification
- If the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure.
- (h) Definitions
- In this section:
- The terms , , , and have the meanings given, respectively, in section 181 of this title.
joint capability requirement,joint military capability,joint operational problem,quick action requirement - The term
relevant membermeans a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID.
- The terms , , , and have the meanings given, respectively, in section 181 of this title.
- In this section:
- (a) Establishment
- of title 10, United States Code, is amended by inserting after the following new section: Chapter 7; section 185
- (b) Conforming amendments to Director of Cost Assessment and Program Evaluation
- Section 139a(d) of title 10, United States Code, is amended—
- by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
- Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title.
- by inserting after paragraph (3) the following new paragraph:
- by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
- Section 139a(d) of title 10, United States Code, is amended—
Sec. 1813. Establishment of the Mission Engineering and Integration Activity.
- (a) Establishment
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a Mission Engineering and Integration Activity (in this section referred to as ).
MEIA
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a Mission Engineering and Integration Activity (in this section referred to as ).
- (b) Designation
- The Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for MEIA.
- (c) Duties
- The principal staff assistant designated under subsection (b) shall have the following duties:
- Lead cross-service activities to develop, identify, analyze, and validate integrated technology solutions to address joint operational problems.
- Coordinate with the appropriate program executive officers to align and implement such activities.
- Proactively seek and consider feedback of the primary users and operators of proposed technology solutions to address joint operational problems throughout the implementation of such activities.
- Upon request, perform analysis for, experiment with, and prototype technology to integrate such technology into joint architectures, to use such technology, to inform operational concepts, and to provide analysis or recommendations regarding the use of such technology to the Requirements, Acquisition, and Programming Integration Directorate, established by section 186 of title 10, United States Code, as added by this Act (in this section referred to as ).
RAPID - Coordinate with commanders of the combatant commands to understand the priorities of commanders and support the fielding of integrated technology solutions to address joint operational problems.
- Upon request, assist a program executive officer in carrying out the responsibilities established under section 1732 of title 10, United States Code, as added by section 1802 of this Act, by providing analysis, recommendations, and engineering assistance in the integration of technology solutions related to the capabilities for which the program executive officer is responsible.
- Use existing authorities (including authorities provided in section 4022 of title 10, United States Code) to carry out this section.
- The principal staff assistant designated under subsection (b) shall have the following duties:
- (d) Implementation plan
- (1) Plan
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an implementation plan for MEIA.
- (2) Elements
- The plan required by paragraph (1) shall include a description of the following:
- The organizational structure and resource requirements associated with the establishment and operation of MEIA.
- How MEIA will support and inform the RAPID in carrying out the requirements of section 186 of title 10, United States Code.
- Each budget line item or program element that will be associated with the activities of MEIA.
- Coordination between MEIA and relevant elements of the Department of Defense that are established to identify and support the development of, experimentation with, and integration of technology solutions to address joint operational problems for the Department, including—
- (i) the Defense Innovation Unit established under section 4217 of the title 10, United States Code;
- (ii) the Defense Research and Development Rapid Innovation Program established under section 4061 of such title;
- (iii) a entity of the Department of Defense that is a member of the Defense Innovation Community of Entities established by the Director of the Defense Innovation Unit;
- (iv) the Strategic Capabilities Office; and
- (v) recipients of awards under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined in section 9 of the Small Business Act ()). 15 U.S.C. 638
- How MEIA will coordinate with and assist—
- (i) the commanders of combatant commands in fielding integrated technology solutions to address joint operational problems under subsection (c)(5); and
- (ii) the program executive officers and each Secretary of a military department in the integration of technology to enhance military effectiveness and responsiveness.
- Any recommendations for changes to statute or policy for successful implementation of this section.
- The plan required by paragraph (1) shall include a description of the following:
- (1) Plan
- (e) Assessment
- Not later than five years after the date of the establishment of MEIA, the Secretary of Defense shall submit to the congressional defense committees an assessment of whether MEIA should be modified, made permanent, or terminated based on its effectiveness in carrying out the requirements of this section.
- (f) Joint operational problem defined
- In this section, the term
joint operational problemhas the meaning given in section 181 of title 10, United States Code.
- In this section, the term
Subtitle C—Streamlining Acquisition Processes
Sec. 1821. Adjustments to certain acquisition thresholds.
- (a) Major program
- (1) Title 10
- Section 3041 of title 10, United States Code, is amended—
- in subsection (c)(1)—
- (i) in subparagraph (A), by striking
striking15,000,000 (based on fiscal year 1990 constant dollars)and inserting75,000,000 (based on fiscal year 2024 constant dollars); and - (ii) in subparagraph (B), by striking
$540,000,000 (based on fiscal year 1990 constant dollars)and insertinginserting,300,000,000 (based on fiscal year 2024 constant dollars); and
- (i) in subparagraph (A), by striking
- in subsection (d)(1), by striking
$750,000 (based on fiscal year 1980 constant dollars)and inserting,000,000 (based on fiscal year 2024 constant dollars).
- in subsection (c)(1)—
- Section 3041 of title 10, United States Code, is amended—
- (2) Title 41
- Section 109 of title 41, United States Code, is amended—
- in subsection (b)(1)—
- (i) by striking
$75,000,000 (based on fiscal year 1980 constant dollars)and inserting75,000,000 (based on fiscal year 2024 constant dollars); and - (ii) by striking
$300,000,000 (based on fiscal year 1980 constant dollars)and insertinginserting,300,000,000 (based on fiscal year 2024 constant dollars); and
- (i) by striking
- in subsection (b)(2), by striking
$750,000 (based on fiscal year 1980 constant dollars)and inserting,000,000 (based on fiscal year 2024 dollars).
- in subsection (b)(1)—
- Section 109 of title 41, United States Code, is amended—
- (1) Title 10
- (b) Use of procedures other than competitive procedures
- Section 3204(e)(1) of title 10, United States Code, is amended—
- by striking each place it appears and inserting
inserting00,000,000; - by striking each place it appears and inserting
$500,000,000; and - in subparagraph (B)(i), by striking
$500,000and insertinginserting0,000,000.
- by striking each place it appears and inserting
- Section 3204(e)(1) of title 10, United States Code, is amended—
- (c) Simplified procedures for small purchases
- (1) Title 10
- Section 3205(a)(2) of title 10, United States Code, is amended by striking
$5,000,000and insertinginserting0,000,000.
- Section 3205(a)(2) of title 10, United States Code, is amended by striking
- (2) Title 41
- Section 1901(a)(2) of title 41, United States Code, is amended by striking
$5,000,000and insertinginserting0,000,000.
- Section 1901(a)(2) of title 41, United States Code, is amended by striking
- (1) Title 10
- (d) Simplified acquisition threshold
- (1) Title 10
- For purposes of acquisitions by agencies named in section 3063 of this title, in the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified for that term in subsection (a).
- Section 3571(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- (2) Title 41
- Section 134 of title 41, United States Code, is amended by striking
50,000and inserting$500,000.
- Section 134 of title 41, United States Code, is amended by striking
- (1) Title 10
- (e) Micro-purchase threshold
- (1) Title 10
- Section 3573 of title 10, United States Code, is amended by striking
striking0,000and inserting5,000.
- Section 3573 of title 10, United States Code, is amended by striking
- (2) Title 41
- Section 1902(a)(1) of title 41, United States Code, is amended by striking
striking0,000and inserting5,000.
- Section 1902(a)(1) of title 41, United States Code, is amended by striking
- (1) Title 10
- (f) Modifications to submissions of cost or pricing data
- (1) Title 10
- Section 3702(a) of title 10, United States Code, is amended—
- in paragraph (1)—
- (i) by striking each place it appears and inserting ;
- (ii) in subparagraph (A), by striking
,000,000and insertinginserting0,000,000; and - (iii) in subparagraph (B), by striking
$750,000and inserting,000,000;
- in paragraph (2), by striking
,000,000and insertinginserting0,000,000; and - in subparagraph (3)(A), by striking and inserting the following:
- chapter and—
- (i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
- (ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.
- chapter and—
- in paragraph (1)—
- Section 3702(a) of title 10, United States Code, is amended—
- (2) Title 41
- Section 3502(a) of title 41, United States Code, is amended—
- in paragraph (1)—
- (i) by striking each place it appears and inserting ;
- (ii) in subparagraph (A), by striking
,000,000and insertinginserting0,000,000; and - (iii) in subparagraph (B), by striking
$750,000and inserting,000,000;
- in paragraph (2)—
- (i) in subparagraph (A), by striking
,000,000and insertinginserting0,000,000; - (ii) in subparagraph (B), by striking
$750,000and inserting,000,000; and - (iii) in subparagraph (C), by striking
$750,000and inserting,000,000; and
- (i) in subparagraph (A), by striking
- in paragraph (3), by striking and all that follows and inserting the following:
- chapter and—
- (i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
- (ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.
- chapter and—
- in paragraph (1)—
- Section 3502(a) of title 41, United States Code, is amended—
- (1) Title 10
- (g) Major defense acquisition programs; definitions; exceptions
- Section 4201(a)(2) of title 10, United States Code, is amended—
- in subparagraph (A), by striking
$300,000,000 (based on fiscal year 1990 constant dollars)and insertinginserting,000,000,000 (based on fiscal year 2024 constant dollars); and - in subparagraph (B), by striking
striking,800,000,000 (based on fiscal year 1990 constant dollars)and inserting$4,500,000,000 (based on fiscal year 2024 constant dollars).
- in subparagraph (A), by striking
- Section 4201(a)(2) of title 10, United States Code, is amended—
Sec. 1822. Clarification of conditions for payments for commercial products and commercial services.
- (a) Title 10
- Section 3805 of title 10, United States Code, is amended—
- in subsection (d)—
- by striking
The conditionsand inserting(1) The conditions; and- For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.
- by adding at the end the following new paragraph:
- (e) Definitions
- In this section:
- The term
commercially utilized acquisition strategymeans an acquisition of a service by the Government under terms and conditions that— - The term
covered servicemeans a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.
- The term
- In this section:
- by striking
- by adding at the end the following new subsection:
- in subsection (d)—
- Section 3805 of title 10, United States Code, is amended—
- (b) Title 31
- Section 3324(d) of title 31, United States Code, is amended—
- in paragraph (1)(C), by striking and inserting a semicolon;
- in paragraph (2)—
- by inserting after ; and
- by striking the period at the end and inserting
; and; and- charges for information and communications technology subscriptions, reservations, or tenancy, including cloud environments, for which the procuring agency defines appropriate access and security standards.
- by adding at the end the following new paragraph:
- Section 3324(d) of title 31, United States Code, is amended—
Sec. 1823. Alternative capability-based pricing.
of title 10, United States Code, is amended by adding at the end the following new section: Chapter 287
- (a) In general
- Except as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis.
- (b) Exception
- Subsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract.
- (c) Definitions
- In this section:
- The term
alternative capability-based analysismeans an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria: - The term
commercial solutionmeans a product or service, including an integrated combination of products, services, or products and services—
- The term
- In this section:
Sec. 1824. Matters related to cost accounting standards.
- (a) Reduction of CAS compliance
- (1) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with Cost Accounting Standards Board established under section 1501 of title 41, United States Code, shall—
- identify actions necessary to streamline requirements for compliance with the cost accounting standards established under section 1502 of title 41, United States Code (in this section referred to as ), in the performance of a contract with the Department of Defense; and
CAS - reduce or eliminate such requirements under the circumstances described in paragraph (2) for contracts entered into after the date that is 180 days after the date of the enactment of this Act.
- identify actions necessary to streamline requirements for compliance with the cost accounting standards established under section 1502 of title 41, United States Code (in this section referred to as ), in the performance of a contract with the Department of Defense; and
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with Cost Accounting Standards Board established under section 1501 of title 41, United States Code, shall—
- (2) Circumstances described
- The circumstances described in this paragraph are as follows:
- With respect to an action to eliminate compliance with CAS, if reliance on a similar requirement under generally accepted accounting principles (in this section referred to as ) would achieve, to the maximum extent possible, the use of commercial accounting standards and systems with respect to such elimination without bias or prejudice to parties to a contract.
GAAP - If other existing requirements in guidance or regulation will sufficiently protect the interests of the Secretary of Defense in the oversight of cost contracts.
- If such requirement is no longer necessary or appropriate.
- With respect to an action to eliminate compliance with CAS, if reliance on a similar requirement under generally accepted accounting principles (in this section referred to as ) would achieve, to the maximum extent possible, the use of commercial accounting standards and systems with respect to such elimination without bias or prejudice to parties to a contract.
- The circumstances described in this paragraph are as follows:
- (1) In general
- (b) Changes to applicability of full CAS coverage
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to subsections (a) and (b) of section 1502 of title 41, United States Code, to the extent necessary to increase the thresholds established in section 9903.201-2 of title 48, Code of Federal Regulation, from $50,000,000 to $100,000,000.
- (2) Department of Defense
- Not later than 120 days after the date of the enactment of this Act, the Secretary shall update the Department of Defense Supplement to the Federal Acquisition Regulation to require full compliance with CAS only for an entity or subsidiary of an entity that—
- received a single contract award under CAS with a value equal to or greater than $100,000,000; or
- received contracts during the cost accounting period that ended preceding the date of the report with an aggregate value equal to or greater than $100,000,000.
- Not later than 120 days after the date of the enactment of this Act, the Secretary shall update the Department of Defense Supplement to the Federal Acquisition Regulation to require full compliance with CAS only for an entity or subsidiary of an entity that—
- (1) In general
- (c) Amendments to Cost Accounting Standards Board
- (1) Organization
- Subsection (a) of section 1501 of title 41, United States Code, is amended by striking
Office of Federal Procurement Policyand insertingOffice of Management and Budget.
- Subsection (a) of section 1501 of title 41, United States Code, is amended by striking
- (2) Membership
- Subsection (b) of such section 1501 is amended—
- (1) Members, chairman, and appointment
- The Board shall consist of 5 voting members and 2 nonvoting members.
- (A) Voting members
- One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows:
- (i) 2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts—
- one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and
- one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.
- (ii) 2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget—
- one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and
- one member of the accounting profession, with substantial experience as an accountant.
- One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows:
- (B) Nonvoting members
- The 2 nonvoting members of the Board shall be appointed as follows:
- (i) 1 individual who is a senior employee of the Government Accountability Office with substantial experience in contracting and national security acquisitions, appointed by the Comptroller General of the United States.
- (ii) 1 individual from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles, appointed by the Director of the Office of Management and Budget.
- The 2 nonvoting members of the Board shall be appointed as follows:
- by amending paragraph (1) to read as follows:
- in paragraph (2)—
- (i) in subparagraph (A), by inserting after ; and
- (ii) in subparagraph (B), by striking
paragraph (1)(A)and insertingparagraph (1)(A)(i); and - (4) Ineligibility
- Beginning on January 1, 2028, an individual who is a member of an audit entity of an executive agency (excluding an audit entity of the Government Accountability Office) is not eligible to serve as a member of the Board.
- by adding at the end the following new paragraph:
- (1) Members, chairman, and appointment
- Subsection (b) of such section 1501 is amended—
- (3) Duties
- Subsection (c) of such section 1501 is amended—
- in paragraph (2)—
- (i) by striking
within one yearand all that follows through and inserting the following: ; and - (ii) by striking
andat the end;
- (i) by striking
- in paragraph (3), by striking
disputes.and inserting the following: ; and- ensure that any action taken pursuant to paragraph (3) is not taken solely for the purpose of tailoring such standard to favor a party in the dispute.
- by adding at the end the following:
- in paragraph (2)—
- Subsection (c) of such section 1501 is amended—
- (4) Report
- Subsection (e) of such section 1501 is amended—
- in paragraph (1), by striking
andat the end; - in paragraph (2), by striking the period at the end and inserting
; and; and- a summary of rulemaking activities related to any changes to such standards and any associated timelines for such activities.
- by adding at the end the following new paragraph:
- in paragraph (1), by striking
- Subsection (e) of such section 1501 is amended—
- (5) Senior staff
- Subsection (f)(1)(B) of such section 1501 is amended—
- by striking
may appointand insertingshall appoint; and - by striking
twoand insertingnot less than four.
- by striking
- Subsection (f)(1)(B) of such section 1501 is amended—
- (6) Covered contract defined
- Such section 1501 is amended by adding at the end the following new subsection:
- (j) Covered contract defined
- In this section, the term means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of title 41, United States Code,
covered contract
- In this section, the term means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of title 41, United States Code,
- (j) Covered contract defined
- Such section 1501 is amended by adding at the end the following new subsection:
- (7) Deadline
- Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, the Secretary of Defense, the Administrator of General Services, and the Comptroller General of the United States shall implement the amendments made by this subsection, including making the appointments under section 1501(b) of title 41, United States Code, as amended by this subsection.
- (1) Organization
- (d) Amendment to mandatory use of cost accounting standards
- (1) In general
- Section 1502(b)(1) of title 41, United States Code, is amended—
- in subparagraph (B), by striking
amount set forth in section 3702(a)(1)(A) of title 10 as the amount isand insertinginserting0,000,000, as; and - in subparagraph (C)—
- (i) in clause (ii), by inserting at the end;
- (ii) in clause (iii), by striking and inserting a period; and
- (iii) by striking clause (iv).
- in subparagraph (B), by striking
- Section 1502(b)(1) of title 41, United States Code, is amended—
- (2) Regulations
- Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall issue such regulations as are necessary to implement the amendments made by this subsection.
- (1) In general
Sec. 1825. Review of commercial buying practices.
- (a) Review required
- (1) In general
- Not later than 120 days after the enactment of this Act, the Secretary of Defense shall carry out a comprehensive review of the approach of the Department of Defense to acquiring commercial products and commercial services and the implementation of the requirements of the Federal Acquisition Streamlining Act of 1994 () by the Department. Public Law 103–355
- (2) Review requirements
- The review required by paragraph (1) shall include an assessment of each of the following as they relate to the approach of the Department of Defense to acquiring commercial products and commercial services:
- The policies, procedures, guidance, and instructions of the Department of Defense.
- The extent to which contracts entered into by the Department of Defense for the acquisition of commercial products or commercial services include requirements or other provisions that should not apply to the acquisition of a commercial product or commercial service and the extent to which such requirements or other provisions are included in subcontracts under such contracts.
- Training curricula, educational materials, and associated activities of the Department of Defense related to acquiring commercial products and commercial services, including such curricula, materials, and activities that pertain to the determination of a product or service as a commercial product or commercial service and the congressional intent that the definitions of the terms and should be applied broadly.
commercial product,commercial service - Audit and oversight policies and practices of the Department of Defense.
- Incentives that discourage the acquisition workforce from acquiring commercial products or commercial services.
- The process by which the Department of Defense develops and issues regulations related to the acquisition of commercial products or commercial services, including delays in rulemaking and the resulting delays in the implementation of policies intended to improve or streamline the acquisition of commercial products or commercial services.
- Requirements in solicitations or contracts of the Department of Defense requiring the use of military specifications or standards when applicable commercial specifications or standards were available that could have meet the needs of the Department served by such military specifications or standards.
- The process by which the Department of Defense evaluates past performance, including performance under Federal, State, and local government and private contracts (as described in section 15.305(a)(2)(ii) of the Federal Acquisition Regulation), in the acquisition of commercial products or commercial services.
- The review required by paragraph (1) shall include an assessment of each of the following as they relate to the approach of the Department of Defense to acquiring commercial products and commercial services:
- (1) In general
- (b) Report
- Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
- describes the findings of the review required by subsection (a)(1);
- describes the corrective actions taken by the Secretary to address the issues identified pursuant to such review, including any findings of noncompliance by the Department of Defense with the requirements of the Federal Acquisition Streamlining Act of 1994 () or any other statutory or regulatory requirements related to advancing and enabling the procurement of commercial products and commercial services; and Public Law 103–355
- includes any recommendations of the Secretary on actions that Congress may take to better enable to the Department of Defense to take advantage of the benefits of acquiring commercial products and commercial services.
- Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
- (c) Clarifying amendments
- (1) Treatment of major weapon systems
- Section 3455 of title 10, United States Code, is amended—
- in subsection (c)(1), by striking
mayand insertingshall;- (d) Applicability of Truthful Cost or Pricing Data requirements
- A product treated as a commercial product or purchased under procedures established for the procurement of commercial products under subsection (a) shall be treated as a commercial product for the purposes of chapter 271 of this title.
- (d) Applicability of Truthful Cost or Pricing Data requirements
- by amending subsection (d) to read as follows:
- in subsection (e), by striking
Deputy Secretary of Defenseand insertingUnder Secretary of Defense for Acquisition and Sustainment.
- in subsection (c)(1), by striking
- Section 3455 of title 10, United States Code, is amended—
- (2) Cost or pricing data exceptions
- adequate price competition; or
- Section 3703(a)(1) of title 10, United States Code, is amended by amending subparagraph (A) to read as follows:
- (1) Treatment of major weapon systems
Subtitle D—Matters Relating to Commercial Innovation
Sec. 1831. Amendment to other transaction authority.
- (a) In general
- Section 4022 of title 10, United States Code, is amended—
- in subsection (a)(2)—
- in subparagraph (A), by striking
agency thatand all that follows through and insertingthe use; - in subparagraph (B)—
- (i) in clause (i), by striking
writing thatand all that follows through and insertingthe use; and - (ii) in clause (ii), by striking
andat the end;
- (i) in clause (i), by striking
- in subparagraph (C)—
- (i) by striking each place it appears and inserting
subsection (e); - (ii) in clause (i)(I), by striking
the requirements of subsection (d)and all that follows through and insertingand the; and - (iii) in clause (ii), by striking the period at the end and inserting
; and; and- may not be exercised for contracts exceeding the production of 500 units of a manufactured or developed product. Contracts exceeding this production threshold may not be categorized as a “prototype” or contracted as such.
- (i) by striking each place it appears and inserting
- by adding at the end the following new subparagraph:
- in subparagraph (A), by striking
- by striking subsection (d);
- by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
- in subsection (f), as so redesignated, by striking
subsection (f)and insertingsubsection (e).
- in subsection (a)(2)—
- Section 4022 of title 10, United States Code, is amended—
- (b) Conforming amendments
- (1) National Security Act of 1947
- Section 102A(n)(6)(C) of the National Security Act of 1947 () is amended— 50 U.S.C. 3024(n)(6)(C)
- by repealing clauses (v) and (vi); and
- in clause (vii)—
- (i) in the matter preceding subclause (I), by striking
4022(f)(2)and inserting4022(e)(2); and - (ii) in subclause (V)(cc), by striking
4022(f)(5)and inserting4022(e)(5).
- (i) in the matter preceding subclause (I), by striking
- Section 102A(n)(6)(C) of the National Security Act of 1947 () is amended— 50 U.S.C. 3024(n)(6)(C)
- (2) Homeland Security Act of 2002
- Section 831(d) of the Homeland Security Act of 2002 () is amended by striking
4022(e)and inserting4022(d). 6 U.S.C. 391(d)
- Section 831(d) of the Homeland Security Act of 2002 () is amended by striking
- (3) John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Section 873(c)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; note) is amended— Public Law 115–232; 10 U.S.C. 4021
- in subparagraph (A), by striking
subsection (f)and insertingsubsection (e); and - in subparagraph (E), by striking
or (f)and insertingor (e).
- in subparagraph (A), by striking
- Section 873(c)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (; note) is amended— Public Law 115–232; 10 U.S.C. 4021
- (4) James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note) is amended by striking
subsection (f)and insertingsubsection (e). Public Law 117–263; 10 U.S.C. 2911
- Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (; note) is amended by striking
- (1) National Security Act of 1947
Sec. 1832. Data-as-a-service solutions for weapon system contracts.
- (a) In general
- of title 10, United States Code, as amended by section 1804 of this Act, is further amended by adding at the end the following new section: Chapter 323
- (a) Negotiations for data-as-a-service
- Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for—
- the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or
- the maintenance of a core logistics capability in accordance with section 2464 of this title.
- Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for—
- (b) Covered Information
- The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is—
- detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof);
- digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data;
- design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or
- necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof).
- The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is—
- (c) Methods and Schedule for Access
- With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information.
- The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b).
- (d) Applicability to commercial products
- With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access.
- The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary.
- (e) Rule of construction
- Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title.
- (f) Definitions
- In this section:
- The term , with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof).
access - The term
data-as-a-servicemeans a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information. - The term
technical datahas the meaning given in section 3013 of this title.
- The term , with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof).
- In this section:
- (a) Negotiations for data-as-a-service
- of title 10, United States Code, as amended by section 1804 of this Act, is further amended by adding at the end the following new section: Chapter 323
- (b) Guidance required
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4324 of title 10, United States Code, as added by this section.
- (c) Applicability
- Section 4324 of title 10, United States Code, as added by this section, shall apply with respect to a contract for the procurement of a weapon system (or component thereof) entered into on or after the date of the enactment of this Act.
Sec. 1833. Requirements for modular open system approach and modifications to rights in technical data.
- (a) Requirements for modular open system approach
- (a) Requirement
- The Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach.
- (b) Assessment to inform strategy
- Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would—
- support the objectives of the defense acquisition system established pursuant to section 3102 of this title;
- align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system;
- reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats;
- enable the use of iterative development cycles and discontinue or terminate the development of capabilities—
- that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
- that are experiencing significant cost growth, performance deficiencies, or delays in schedule;
- promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level;
- reduce schedule delays and development timelines;
- increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and
- enable effective life-cycle management and product support of a covered system—
- in accordance with the requirements of section 4322 of this title; and
- to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
- Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would—
- (c) Architecture requirements
- In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—
- adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b);
- to the extent practicable, is based on—
- (i) widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or
- (ii) if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and
- is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces.
- The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system.
- The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system.
- In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—
- (d) Openness Characteristics
- Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:
- The open systems objectives identified as result of the assessment required by subsection (b).
- A description of the application of specifications or standards for module interfaces to achieve such objectives.
- A description of the minimum technical data package elements necessary to achieve such objectives.
- The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface.
- Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:
- (e) Applicability to commercial products
- In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall—
- implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace;
- for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms;
- when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and
- to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title.
- In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall—
- (f) Definitions
- In this section:
- The term
covered systemmeans a system that is not a commercial product and that is acquired or developed under— - The term
incremental standardmeans a specification for a module interface or key interface that includes— - The term
key interfacemeans a shared boundary between any system, subsystem of a covered system, or set of modules, defined by various physical, logical, functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software. - The term
modular open system approachmeans the application of a strategy that leverages an architecture that enables modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system to achieve a set of objectives. - The term
modulemeans a self-contained functional hardware or software unit— - The term
module interfacemeans a shared boundary between modules, defined by physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software. - The term
software development kitmeans a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform.
- The term
- In this section:
- Section 4401 of title 10, United States Code, is amended to read as follows:
- (a) Requirement
- (b) Guidance
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section.
- (c) Applicability
- The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date of the enactment of this Act.
- (d) Modification to rights in technical data
- (1) Rights in technical data
- Section 3771 of title 10, United States Code, is amended—
- in subsection (a)—
- (i) in paragraph (2)(A), by striking
or copyrightsand inserting, copyrights, trade secrets,; and - (ii) by adding at the end the following new paragraph:
- (3) Enforcement of certain rights
- Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.
- (3) Enforcement of certain rights
- (i) in paragraph (2)(A), by striking
- in subsection (b)—
- (i) in paragraph (2), by striking
paragraphs (3), (4), and (7),and insertingparagraphs (3) and (4),; - (ii) by amending paragraph (3) to read as follows:
- (3) Inapplicability of paragraph (2)
- Unless otherwise negotiated, paragraph (2) does not apply to technical data that—
- constitutes a correction or change to data furnished by the United States; or
- is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.
- Unless otherwise negotiated, paragraph (2) does not apply to technical data that—
- (3) Inapplicability of paragraph (2)
- (iii) by amending paragraph (4) to read as follows:
- (4) Exceptions to paragraph (2)
- Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that—
- (i) relates to form, fit, or function of an item or process; or
- (ii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process.
- Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use—
- (i) is necessary for emergency repair and overhaul;
- (ii) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;
- (iii) is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and
- (iv) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.
- Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that—
- (4) Exceptions to paragraph (2)
- (iv) in paragraph (6)—
- in the paragraph heading, by striking and inserting ;
- by inserting after ; and
- by striking
an interface between an item or process and other items or processesand insertinga module interface of an item; and - (v) in paragraph (7)—
- in the paragraph heading, by striking and inserting ;
- in subparagraph (A)—
- by striking
paragraphs (2) and (5)and insertingparagraph (5) and except as otherwise provided by subsection (e) of section 4401 of this title,; - by inserting after ; and
- by striking
modular system interfaceand insertingkey interface of an item; - in subparagraph (B), by striking
modular system interfaceand insertinga key interface; and - in subparagraph (C), by striking
modular system interfaceand insertingkey interface of an item.
- (i) in paragraph (2), by striking
- in subsection (a)—
- Section 3771 of title 10, United States Code, is amended—
- (2) Definitions
- (b) Additional definitions
- In this subchapter, the terms , , have the meanings given, respectively, in section 4401 of this title.
key interface,modular open system approach,module interface
- In this subchapter, the terms , , have the meanings given, respectively, in section 4401 of this title.
- Section 3775(b) of title 10, United States Code, is amended to read as follows:
- (b) Additional definitions
- (1) Rights in technical data
- (e) Conforming amendments
- Section 3791(c)(1) of title 10, United States Code, is amended—
- in subparagraph (A), by striking
section 4401(b) of this titleand insertingsection 4401 of this title; and - in subparagraph (D)(iv), by striking
modular system interfaces (as defined in section 4401(b) of this title)and insertingmodule interfaces (as defined in section 4401(f) of this title).
- in subparagraph (A), by striking
- Section 4402 of title 10, United States Code, is repealed.
- Section 4403 of title 10, United States Code, is repealed.
- Section 4425 of title 10, United States Code, is amended to read as follows:
- In this subchapter:
- The term
major system platformmeans the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed. - The term —
weapon system component
- The term
- In this subchapter:
- Section 804 of the National Defense Authorization Act for Fiscal Year 2021 ( note) is repealed. 10 U.S.C. 4401
- Section 3791(c)(1) of title 10, United States Code, is amended—
Sec. 1834. Bridging Operational Objectives and Support for Transition program.
- (a) Bridging Operational Objectives and Support for Transition program
- (1) Establishment
- In meeting the responsibilities of the Defense Innovation Unit under section 4127(d) of title 10, United States Code, the Director of the Defense Innovation Unit shall establish a program (to be known as the ) to accelerate the adoption or integration of commercial technologies into programs of record of the Department of Defense.
Bridging Operational Objectives and Support for Transition program
- In meeting the responsibilities of the Defense Innovation Unit under section 4127(d) of title 10, United States Code, the Director of the Defense Innovation Unit shall establish a program (to be known as the ) to accelerate the adoption or integration of commercial technologies into programs of record of the Department of Defense.
- (2) Program execution
- Not later than 90 days after the date of the enactment of this subsection, the Director shall issue guidance on the BOOST program, including guidance to do the following:
- Enable a customer seeking a technology solution for a challenge or requirement in a program of record of the Department of Defense to request assistance under the BOOST program with identifying and adopting or integrating such a solution into such program.
- Establish requirements for the Defense Innovation Unit to—
- (i) conduct a review of commercial technologies pursuant to a request described in subparagraph (A) with respect to a challenge or requirement of a program of record of the Department to identify commercial technology that may address such challenge or requirement;
- (ii) provide to the customer that made such request the findings of such review, including any commercial technologies so identified; and
- (iii) at the request of such customer after providing such findings to such customer, conduct development, experimentation, or integration activities in coordination with such customer to support or enable the adoption or integration of any commercial technology so identified into such program of record.
- Establish criteria for terminating assistance under the BOOST program for a customer or with respect to a commercial technology.
- Not later than 90 days after the date of the enactment of this subsection, the Director shall issue guidance on the BOOST program, including guidance to do the following:
- (3) Support to other programs
- The Director shall ensure the BOOST program works with and in support of—
- the program established under section 4061(a) of title 10, United States Code;
- other organizations of the Department of Defense responsible for accelerating the adoption and integration of technology in systems or programs of the Department;
- the Small Business Innovation Research Program;
- the Small Business Technology Transfer Program; and
- the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled (August 24, 2012)).
Rapid Fulfillment of Combatant Commander Urgent Operational Needs
- The Director shall ensure the BOOST program works with and in support of—
- (4) Funding
- Subject to the availability of appropriations, amounts authorized to be appropriated the Defense Innovation Unit for research, development, test, and evaluation for a fiscal year may be used for such fiscal year to carry out the BOOST program.
- (5) Sunset
- The authorities and requirements under this subsection shall expire on December 31, 2030.
- (1) Establishment
- (b) Reporting
- Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director, submit to the congressional defense committees a report on the effectiveness of the BOOST program in accelerating the adoption or integration of commercial technologies into programs of record of the Department of Defense, including—
- a summary description of customers and technologies adopted or integrated into such programs of record based on assistance provided under the BOOST program;
- recommendations of the Secretary to improve the BOOST program; and
- a recommendation whether to continue or terminate the BOOST program.
- Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director, submit to the congressional defense committees a report on the effectiveness of the BOOST program in accelerating the adoption or integration of commercial technologies into programs of record of the Department of Defense, including—
- (c) Definitions
- In this section:
- The term
BOOST programmeans the program established under subsection (a)(1). - The term
customermeans a program manager or program executive officer of the Department of Defense that has primary responsibility for fielding the system or systems acquired. - The term
Directormeans the Director of the Defense Innovation Unit. - The term
program executive officerhas the meaning given such term in section 1737(a) of title 10, United States Code. - The terms and have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ().
Small Business Innovation Research Program,Small Business Technology Transfer Program15 U.S.C. 638(e)
- The term
- In this section:
Sec. 1835. Transition to advanced manufacturing for certain critical items.
- (a) Plan required
- Not later than 120 days after the date of the enactment of this Act, the Program Executive Officer for each major weapon system shall, in coordination with each covered contractor and such contractor’s first-tier subcontractors—
- conduct an assessment of critical items that could be produced via advanced manufacturing processes within the period of 24 months following the date of the enactment of this Act for the purposes of—
- reducing fabrication time and costs; and
- increasing the ability to scale production rapidly;
- identify any development, engineering or testing (whether conducted by the original equipment manufacturer, contractor, or Federal Government) required to transition production of critical items to advanced manufacturing;
- estimate any non-recurring costs to complete such transition and recommend whether such costs are properly borne by the contractor involved or the Federal Government; and
- submit a plan to the Under Secretary of Defense for Acquisition and Sustainment to transition production of such critical items to advanced manufacturing to the maximum extent practicable.
- conduct an assessment of critical items that could be produced via advanced manufacturing processes within the period of 24 months following the date of the enactment of this Act for the purposes of—
- Not later than 120 days after the date of the enactment of this Act, the Program Executive Officer for each major weapon system shall, in coordination with each covered contractor and such contractor’s first-tier subcontractors—
- (b) Use of existing authorities
- The Under Secretary of Defense for Acquisition and Sustainment shall use every available authority to waive or accelerate the development, engineering, or testing requirements identified in subsection (a)(2).
- (c) Report
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit the plans required by subsection (a) to—
- the Defense Industrial Resilience Consortium established under section 1842 of this Act; and
- the congressional defense committees.
- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit the plans required by subsection (a) to—
- (d) Implementation
- Following receipt of the plans under subsection (c)(1), the Defense Industrial Resilience Consortium shall commence implementation and competitive solicitation of advanced manufacturing solutions of the critical items identified under subsection (a)(1), with the goal of maximizing the transition of such items to production via advanced manufacturing by not later than 24 months after the date of enactment of this Act.
- (e) Definitions
- In this section:
- The term means a contractor manufacturing or integrating hardware for a major weapon system.
covered contractor - The term means components, subassemblies, and assemblies that are among the top 10 drivers of current or future degraded mission capability for a major weapon system, as determined by the Under Secretary of Defense for Acquisition and Sustainment.
critical items - The term shall have the meaning given that term by the Under Secretary of Defense for Acquisition and Sustainment for purposes of this section. Such definition shall, at a minium—
advanced manufacturing
- The term means a contractor manufacturing or integrating hardware for a major weapon system.
- In this section:
Subtitle E—Modifications to Strengthen the Industrial Base
Sec. 1841. Amendments to the procurement technical assistance program.
of title 10, United States Code, is amended— Chapter 388
- by amending section 4951(2)(B) to read as follows:
- a tribe, reservation, economic enterprise, or organization, as such terms are defined, respectively, in section 3 of the Indian Financing Act of 1974 (; ). Public Law 93–262; 25 U.S.C. 1452
- in section 4952—
- by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
- to support the growth and resiliency of the industrial base by accelerating innovation, fostering ingenuity of business entities, and establishing resilient supply chains;
- by inserting before paragraph (2), as so redesignated, the following new paragraph:
- in paragraph (2), as so redesignated, by striking
andat the end; - in paragraph (3), as so redesignated, by striking the period at the end and inserting
; and- to mitigate costs of entry for business entities that improve the technology capabilities of the Department of Defense.
- by inserting after paragraph (3) the following new paragraph:
- by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
- in section 4954, by adding at the end the following new subsection:
- (g) Pilot program
- The Under Secretary of Defense for Acquisition and Sustainment may carry out a pilot program to award funding for national program staff to an eligible entity that has entered into a cooperative agreement under this section. Funding received under such pilot program shall not be subject to the requirements of subsection (b) or (e). National program staff funded under such pilot program shall provide subject matter expertise for technical assistance, including for activities authorized under section 4958.
- (g) Pilot program
- in section 4955—
- in paragraph (4) by striking
striking,000,000and insertinginserting,500,000; and- (e) Funding from other federal agencies
- The Secretary shall accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter.
- (e) Funding from other federal agencies
- by adding at the end the following new subsection:
- in paragraph (4) by striking
- in section 4961—
- in paragraph (1), by striking
andat the end; - in paragraph (2)(B), by striking the period at the end and inserting
; and; and- an amount determined appropriate by the Secretary to establish one or more centers of excellence to provide to individuals or eligible entities that provide procurement technical assistance pursuant to this chapter training necessary to fulfill the purpose of the program under section 4952 of this title.
- by adding at the end the following new paragraph:
- in paragraph (1), by striking
Sec. 1842. Defense Industrial Resilience Consortium.
- (a) Establishment
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a consortium (to be known as the ) to address challenges to and limitations of the industrial base to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
Defense Industrial Resilience Consortium
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a consortium (to be known as the ) to address challenges to and limitations of the industrial base to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
- (b) Membership
- Membership in the consortium established under subsection (a) shall be open to relevant entities and individuals from the Government, industry, and academia with an interest in advanced manufacturing or production technologies, fostering domestic industrial innovation, or enabling rapid, scalable solutions to sustain and enhance the availability of essential defense components.
- (c) Purpose
- (1) In general
- The consortium established under subsection (a) shall provide a forum for the Government, industry, and academia to collaborate on identifying and addressing challenges to and limitations of the industrial base in meeting the needs of the Department of Defense.
- (2) Areas of focus
- In identifying and addressing challenges to and limitations of the industrial base, the consortium established under subsection (a) shall focus on—
- eliminating impediments to a resilient and robust industrial base, including—
- (i) policies and procedures that are impeding businesses of all types and sizes from working with the Department of Defense;
- (ii) areas where the Department could improve implementation of the Federal Acquisition Streamlining Act of 1994 (), including limiting the application of requirements specific to the Government in the procurement of commercial products and commercial services, and maximizing the use of commercial standards rather than military specifications and standards; and Public Law 103–355
- (iii) impediments to transitioning research, development, testing, and evaluation programs funded by military departments and the Department to relevant acquisition programs of record;
- identifying and addressing supply chain fragility, including—
- (i) preventing or mitigating parts obsolescence, and addressing the vulnerabilities from reliance on single sources for any material, product, or service while reducing the dependencies on nonallied nations;
- (ii) developing long-term industrial base strategies and solutions to ensure the availability of mission-critical parts for systems of the Department throughout the life cycle of such systems; and
- (iii) bolstering supply chain diversity and developing shared awareness of supply chain challenges, risks, and opportunities between Government and industry;
- expanding domestic manufacturing and industrial capacity, including—
- (i) enabling rapid engagement between Government, academia, and industry to develop, test, and scale solutions that can revitalize domestic manufacturing capabilities, reduce reliance on single sources of supply, and strengthen the defense industrial base;
- (ii) identifying financial incentives and business models to enable and support a civil reserve manufacturing network that could be activated to meet the needs of the Department of Defense;
- (iii) supporting and informing efforts to enhance government-owned, government-operated arsenals and depots with advanced manufacturing and other production capabilities to enable rapid response across the spectrum of operational environments;
- (iv) enabling and enhancing public-private partnerships between the organic industrial base, commercial manufacturing, and other industrial entities; and
- (v) anticipate and close gaps in manufacturing capabilities for defense systems by fostering the adoption of additive manufacturing, automation, AI-driven production, and other emerging capabilities to modernize the industrial base and associated supply chains;
- accessing and implementing commercial approaches to enabling modern manufacturing capabilities, including—
- (i) adoption of commercial approaches to information technology, software, the cloud, data management, and artificial intelligence to support and enable modern manufacturing capabilities; and
- (ii) identifying financial incentives and business models to encourage private-sector investment and expand access to advanced, high-quality advanced manufacturing, that uses software to digitize manufacturing to the greatest extent possible; and
- development and training of the workforce, including—
- (i) leveraging industry best practices training and development of critical skills in advanced manufacturing, including skills required to manufacture unique components and products for systems of the Department of Defense and to enable capabilities of the Department;
- (ii) identifying or developing opportunities for public-private talent exchanges and skills development in areas such as advanced manufacturing, supply chain management, and supply chain risk management; and
- (iii) identify or develop curriculum and experiential learning to support and enable advanced manufacturing, production technologies, or industrial innovation.
- eliminating impediments to a resilient and robust industrial base, including—
- In identifying and addressing challenges to and limitations of the industrial base, the consortium established under subsection (a) shall focus on—
- (1) In general
- (d) Consortium work products and recommendations
- Relevant work products and recommendations developed through consortium activities shall be considered by the Secretary of Defense in developing policy and allocating resources to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
- (e) Use of other transaction authorities
- The consortium established under subsection (a) shall support the use of other transactions authorities under sections 4021 and 4022 of title 10, United States Code, and other appropriate acquisition authorities, to rapidly prototype and field advanced manufacturing solutions and to address the other challenges to and limitations of the industrial base.
Sec. 1843. Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing.
- (a) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to develop recommendations for improving the policies and procedures of the Department of Defense for the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing.
- (b) Membership
- The membership of the working group shall include representatives from government, industry, and academia with expertise in advanced manufacturing, engineering, the procedures of the Department of Defense for qualifying and accepting products, supply chain management, or commercial best practices and business models for advanced manufacturing.
- (c) Responsibilities
- The working group shall—
- review the policies and procedures of the Department of Defense to identity policies and procedures for the qualification, acceptance, and management of the supply chains of products that are insufficient for or not applicable to products manufactured using advanced manufacturing;
- identify any changes to the policies and procedures of the Department required for the Department to benefit fully from access to and use of products manufactured using advanced manufacturing; and
- develop recommendations for—
- technical guidance with respect to the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing;
- policies and procedures for the qualification, acceptance, and management of the supply chains of such products;
- changes to any other policies and procedures of the Department identified under paragraph (2); and
- training to enhance the knowledge and experience of the workforce of the Department of Defense with advanced manufacturing, including the benefits, limitations, and commercial best practices and business models for designing, developing, and using products manufactured using advanced manufacturing.
- The working group shall—
- (d) Report
- Not later than 1 year after the date of enactment, the Secretary of Defense shall submit to Congress—
- a report on the recommendations developed by the working group under subsection (c)(3) and the actions taken by the Secretary to better enable to the Department of Defense to access and use products manufactured using advanced manufacturing; and
- a recommendation whether to continue or terminate the working group.
- Not later than 1 year after the date of enactment, the Secretary of Defense shall submit to Congress—
- (e) Working group defined
- In this section, the term
working groupmeans the working group established under subsection (a).
- In this section, the term
Sec. 1844. Report on surge capacity in the defense industrial base.
- (a) Report required
- Not later than March 1, 2026, the Assistant Secretary of Defense for Industrial Base Policy and the Director of Defense Pricing, Contracting, and Acquisition Policy shall jointly submit to the congressional defense committees a report on efforts to identify and address regulations or policies that discourage or prevent contractors of the Department of Defense from maintaining or investing in surge capacity.
- (b) Elements
- The report required subsection (a) shall include the following:
- A discussion of any efforts by United States
DOGEService (commonly referred to as the or ), acting in coordination with the Office of the Secretary of Defense, to review and address the barriers described in subsection (a)(1).Department of Government Efficiency - An identification of policies that incentivize contractors to reduce or eliminate surge capacity, including section 31.205-17 of the Federal Acquisition Regulation (relating to idle facilities and idle capacity costs).
- Any steps taken by the Secretary of Defense to address regulatory barriers disincentivizing surge capacity within the defense industrial base as part of the implementation of Executive Order 14265 titled (90 Fed. Reg. 15621; April 15, 2025).
Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base
- A discussion of any efforts by United States
- The report required subsection (a) shall include the following:
- (c) Surge capacity defined
- In this section, the term mean the ability of contractors in the defense industrial base to rapidly increase production capacity to meet increased demand for defense articles and defense services (as such terms are defined, respectively, in section 301 of title 10, United States Code).
surge capacity
- In this section, the term mean the ability of contractors in the defense industrial base to rapidly increase production capacity to meet increased demand for defense articles and defense services (as such terms are defined, respectively, in section 301 of title 10, United States Code).
Division B—Military Construction Authorizations
Sec. 2001. Short title.
This division may be cited as the . Military Construction Authorization Act for Fiscal Year 2026
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
- (a) Expiration of authorizations after three years
- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
- October 1, 2028; or
- the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029.
- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
- (b) Exception
- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
- October 1, 2028; or
- the date of the enactment of an Act authorizing funds for fiscal year 2029 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
Sec. 2003. Effective date.
Titles XXI through XXVII shall take effect on the later of—
- October 1, 2025; or
- the date of the enactment of this Act.
Title XXI—Army Military Construction
Sec. 2101. Authorized Army construction and land acquisition projects.
- (a) Inside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
- (c) Repeal of prior authorization
- The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2217) is amended— Public Law 118–159
- by striking the item relating to in the column;
- by striking the item relating to in the column; and
- by striking the item relating to in the column.
- The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2217) is amended— Public Law 118–159
Sec. 2102. Family Housing.
- (a) Construction and acquisition
- Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
- (b) Planning and design
- Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $32,824,000.
Sec. 2103. Authorization of appropriations, Army.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
- (b) Limitation on total cost of construction projects
- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2101 and 2102 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2104. Extension of authority to carry out fiscal year 2021 project at Fort Gillem, Georgia.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of ; 134 Stat. 4294), the authorization set forth in the table in subsection (b) , as provided in section 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 116–283; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2105. Extension of authority to carry out certain fiscal year 2022 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of ; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (135 Stat. 2163) and extended by section 2108 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–81; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2106. Extension of authority to carry out certain fiscal year 2023 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2970), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat. 2971), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–263
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2107. Modification of authority to carry out fiscal year 2025 project at Smith Barracks, Germany.
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2213) for Hohenfels Training Area, for construction of a barracks as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a barracks at Smith Barracks, Germany. Public Law 118–159
Title XXII—Navy Military Construction
Sec. 2201. Authorized Navy construction and land acquisition projects.
- (a) Inside the United States
- Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States
- Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2202. Family Housing.
- (a) Improvements to military family housing units
- Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,230,000.
- (b) Planning and design
- Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $6,605,000.
Sec. 2203. Authorization of appropriations, Navy.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
- (b) Limitation on total cost of construction projects
- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2201 and 2202 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2204. Extension of authority to carry out fiscal year 2022 project at Marine Corps Air Station Cherry Point, North Carolina.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of ), the authorization set forth in the table in subsection (b), as authorized pursuant to section 2201 of such Act, shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–81
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2205. Extension of authority to carry out certain fiscal year 2022 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of ; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2201 and 2202 of that Act (135 Stat. 2166, 2167) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2221), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–81; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2206. Extension of authority to carry out certain fiscal year 2023 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (136 Stat. 2975), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–263
- (b) Table
- The table referred to in subsection (a) is as follows:
Title XXIII—Air Force Military Construction
Sec. 2301. Authorized Air Force construction and land acquisition projects.
- (a) Inside the United States
- Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States
- Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302. Family Housing.
- (a) Improvements to military family housing units
- Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $237,655,000.
- (b) Planning and design
- Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $36,575,000.
Sec. 2303. Authorization of appropriations, Air Force.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
- (b) Limitation on total cost of construction projects
- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2301 and 2302 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2304. Extension of authority to carry out fiscal year 2017 project at Spangdahlem Air Base, Germany.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2902 of that Act (130 Stat. 2743) and most recently extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2224), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 114–328; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
- Original Authorized Amount
Sec. 2305. Extension of authority to carry out certain fiscal year 2019 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of ; 132 Stat. 2240), the authorizations set forth in the table in subsection (b), as provided in section 2903 of that Act (132 Stat. 2287) and most recently extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2225), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 115–232; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
- Original Authorized Amount
Sec. 2306. Extension of authority to carry out certain fiscal year 2020 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of ; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in sections 2301(a) and 2912(a) of that Act (133 Stat. 1867, 1913), and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2226), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 116–92; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
- Original Authorized Amount
Sec. 2307. Extension of authority to carry out certain fiscal year 2022 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of ; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (135 Stat. 2168) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2227), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–81; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
- Original Authorized Amount
Sec. 2308. Extension of authority to carry out certain fiscal year 2023 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (136 Stat. 2978), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–263
- (b) Table
- The table referred to in subsection (a) is as follows:
- Original Authorized Amount
Sec. 2309. Modification of authority to carry out fiscal year 2025 project at F.E. Warren Air Force Base, Wyoming.
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2222) for F.E. Warren Air Force Base, Wyoming, for the Ground Based Strategic Deterrent Utility Corridor, the Secretary of the Air Force may construct 3,219 kilometers of telephone duct facility. Public Law 118–159
Title XXIV—Defense Agencies Military Construction
Sec. 2401. Authorized defense agencies construction and land acquisition projects.
- (a) Inside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402. Authorized energy resilience and conservation investment program projects.
- (a) Inside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: chapter 173
- (b) Outside the united states
- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: chapter 173
Sec. 2403. Authorization of appropriations, Defense Agencies.
- (a) Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
- (b) Limitation on total cost of construction projects
- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2401 and 2402 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2404. Extension of authority to carry out fiscal year 2019 project at Iwakuni, Japan.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of ; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (132 Stat. 2249) and most recently extended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2232), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 115–232; Public Law 118–159
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2405. Extension of authority to carry out certain fiscal year 2022 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of ; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2401 and 2402 of that Act (135 Stat. 2173, 2174), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–81
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2406. Extension of authority to carry out certain fiscal year 2023 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2401(a) and 2402(a) of that Act (136 Stat. 2982, 2983), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–263
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2407. Modification of authority to carry out fiscal year 2024 project at Redstone Arsenal, Alabama.
In the case of the authorization contained in the table in section 2401 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of ; 137 Stat. 726) for Redstone Arsenal, Alabama, for construction of a ground test facility infrastructure project at that location, the Missile Defense Agency may renovate additional square footage and convert administrative space to classified space. Public Law 118–31
Sec. 2408. Modification of authority to carry out fiscal year 2024 project at Lake City Army Ammunition Plant, Missouri.
- (a) Modifications of project authority
- In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of ; 137 Stat. 727) for Lake City Army Ammunition Plant, Missouri, for construction of a microgrid and backup power, the Secretary of Defense may construct a microgrid and backup power, including the installation of liquid propane gas tanks and associated piping, foundations, pumps, saddles, propane vaporizers and controls. Public Law 118–31
- (b) Modification of project amounts
- (1) Project authorization
- The authorization table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of ; 137 Stat. 727) is amended in the item relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting . Public Law 118–31
- (2) Funding authorization
- The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2024 (; 137 Stat. 901) is amended in the items relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting . Public Law 118–31
- (1) Project authorization
Sec. 2409. Modification of authority to carry out fiscal year 2025 project at Joint Base Andrews, Maryland.
In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2229) for Joint Base Andrews, Maryland, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility. Public Law 118–159
Sec. 2410. Modification of authority to carry out fiscal year 2025 project at Joint Base Mcguire-Dix-Lakehurst, New Jersey.
In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; 138 Stat. 2229) for Joint Base McGuire-Dix-Lakehurst, New Jersey, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility. Public Law 118–159
Title XXV—International Programs
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects; authorization of appropriations.
- (a) Contributions
- Using amounts appropriated pursuant to the authorization of appropriations in subsection (b) and available for the North Atlantic Treaty Organization Security Investment Program, the Secretary of Defense may make contributions under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects carried out under such program in an amount not to exceed the sum of—
- the amount authorized to be appropriated for such purpose in subsection (b); and
- the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
- Using amounts appropriated pursuant to the authorization of appropriations in subsection (b) and available for the North Atlantic Treaty Organization Security Investment Program, the Secretary of Defense may make contributions under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects carried out under such program in an amount not to exceed the sum of—
- (b) Authorization of appropriations
- There is authorized to be appropriated amounts specified in the funding table in section 4601 for the North Atlantic Treaty Organization Security Investment Program for fiscal years beginning after September 30, 2025, for the contributions of the Secretary of Defense described in subsection (a).
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
Sec. 2512. Republic of Poland funded construction projects.
Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table:
Title XXVI—Guard and Reserve Forces Facilities
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction project for the Navy Reserve and Marine Corps Reserve location inside the United States, and in the amount, set forth in the following table:
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. chapter 1803
Sec. 2607. Extension of authority to carry out certain fiscal year 2023 projects.
- (a) Extension
- Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2603 and 2604 of that Act (136 Stat. 2986, 2987), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. Public Law 117–263
- (b) Table
- The table referred to in subsection (a) is as follows:
Sec. 2608. Modification of authority to carry out fiscal year 2023 project at Tucson International Airport, Arizona.
In the case of the authorization contained in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of ; 136 Stat. 2987) for Tucson International Airport, Arizona, the Secretary of the Air Force may acquire a parcel of real property consisting of approximately 10 acres of land located in the northwest quarter of section 18, township 15 south, range 14 east, Gila and Salt River Meridian, City of Tucson, Pima County, Arizona. Public Law 117–263
Sec. 2609. Authority to carry out fiscal year 2026 project at Army Reserve Center Conroe, Texas.
- (a) Project authorization
- The Secretary of the Army may carry out a military construction project to construct a rotary-wing landing pad and taxiway at Army Reserve Center, Conroe, Texas, in an amount not to exceed $12,000,000.
- (b) Use of unobligated prior-year funds
- To carry out the project described in subsection (a), the Secretary of the Army may use unobligated funds—
- that have been appropriated for a fiscal year that precedes fiscal year 2026; and
- that remain available under the heading .
Military Construction, Army Reserve
- To carry out the project described in subsection (a), the Secretary of the Army may use unobligated funds—
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.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of ; 126 Stat. 2140)), as specified in the funding table in section 4601. Public Law 101–510; 10 U.S.C. 2687; Public Law 112–239
Title XXVIII—Military Construction General Provisions
Subtitle A—Military Construction Programs
Sec. 2801. Facility construction or repair: transactions other than contracts and grants.
- (a) In general
- Subchapter I of of title 10, United States Code, is amended by inserting after the following new section: chapter 169; section 2808
- (a) Authority
- The Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
- (b) Use of amounts
- The Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 of this title.
- (c) Follow-on transactions
- A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—
- competitive procedures were used for the selection of parties for participation in the original transaction; and
- the participants in the original transaction successfully completed—
- a complete and useable facility; or
- a complete and useable improvement to a facility.
- A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—
- (d) Report
- Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.
- (a) Authority
- Subchapter I of of title 10, United States Code, is amended by inserting after the following new section: chapter 169; section 2808
- (b) Applicability
- The amendments made by this section shall apply with respect to transactions entered into on or after the date of the enactment of this Act.
Sec. 2802. Supervision of military construction projects.
Section 2851(a) of title 10, United States Code, is amended by striking the Secretary of the Armyand all that follows through and inserting approves.
Sec. 2803. Improvements to water management and security on military installations.
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after the following new section: chapter 169; section 2866
- (a) In general
- The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
- The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines—
- are experiencing the greatest risks to water management and water security; and
- face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.
- Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).
- (b) Water management and water security assessments
- The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance.
- Such methodology shall include the following:
- An evaluation of all water sources available to a military installation, disaggregated by—
- (i) raw water (total available water volume);
- (ii) treated potable water; and
- (iii) treated nonpotable water.
- An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources.
- A calculation of the total water requirement of the military installation that—
- (i) includes an identification of the water usage by tenant commands that reside on the military installation; and
- (ii) describes the water uses that comprise such total water requirement, disaggregated by—
- drinking water uses; and
- nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water.
- An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition.
- An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including—
- (i) the location of the military installation in a drought-prone region;
- (ii) decreasing water levels or sources;
- (iii) effects of new defense water uses on the total water requirement of the military installation;
- (iv) increases to the demand for water in areas outside the jurisdiction of the military installation that—
- result from nondefense or defense adjacent requirements; and
- could affect—
- the supply of water available for use by the military installation;
- the quality of such water; and
- legal issues of the military installation, such as water rights disputes.
- An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
- An evaluation of existing water metering and consumption at the military installation, considered at a minimum—
- (i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
- (ii) by fluctuations in consumption, including peak consumption by quarter.
- The appropriate frequency for reassessment of the installations at highest water security risk.
- An evaluation of all water sources available to a military installation, disaggregated by—
- The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years.
- (c) Reassessment of water insecure military installations
- Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H).
- (d) Mitigation of water security risk at most at-risk installations
- Each Secretary of a military department shall—
- identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and
- develop, for each military installation so identified, a plan of action and milestones to address—
- (i) risks to water security; and
- (ii) threats to mission assurance.
- Each such plan of action shall include the following:
- The nature of each risk to the military installation’s capacity and mission assurance.
- The factors contributing to the high degree of risk, disaggregated by risks located—
- (i) inside the jurisdiction of the military installation; and
- (ii) outside such jurisdiction.
- A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation.
- An assessment of—
- (i) the effects of planned future missions and new tenants on the demand for water at the military installation; and
- (ii) the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance.
- A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure.
- A cost-benefit analysis of using technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss.
no dig
- Each Secretary of a military department shall—
- (e) Evaluation of installations for nonpotable water reuse
- Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses.
- Such evaluation shall include the following:
- An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water.
- An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation.
- An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b).
- (f) Cost effective landscaping management practices
- The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements.
- For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation.
- For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements.
- (g) Briefings required
- Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes—
- an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and
- a description of the schedule for developing the plan of action required by subsection (d).
- Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing—
- an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b);
- up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and
- a description of—
- (i) any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect—
- the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or
- the demand for water of such a military installation; and
- (ii) any change to—
- the water supply of a military installation under the jurisdiction of the Secretary concerned; or
- the demand for water of such a military installation.
- Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes—
- (h) Rule of construction
- Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements.
- (a) In general
- Subchapter III of of title 10, United States Code, is amended by inserting after the following new section: chapter 169; section 2866
- (b) Conforming repeal
- Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (; note) is repealed. Public Law 116–283; 10 U.S.C. 2866
Sec. 2804. Authority to use progressive design-build procedures for military construction projects.
Section 3241(f) of title 10, United States Code, is amended—
- in paragraph (1), by striking
The Secretaryand insertingSubject to paragraph (4), each Secretary; - in paragraph (2), by striking
Any military construction contractand insertingAny construction contract for a military construction project;- Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following:
- A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project.
- The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project.
- A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction.
- Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the use of the authority under this subsection for a military construction project.
- An assessment of risk management benefits, including changes in scope, design flexibility, or coordination improvements between contractor and the Secretary of a military department with jurisdiction over the military construction project for which such authority was used.
- Any challenges encountered, and mitigation efforts made, in the use such authority for the military construction project.
- Each Secretary of a military department may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026.
- Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following:
- by amending paragraphs (3) and (4) to read as follows:
Sec. 2805. Pilot program on use of additive construction technologies at Army installations.
- (a) In general
- Beginning not later than 90 days after the enactment of this Act, the Secretary of the Army, acting through a designee thereof, shall carry out a pilot program on the use of additive construction technologies for military construction projects on covered installations.
- (b) Selection of installations
- The Secretary shall—
- select one or more covered installations at which to carry out the pilot program under subsection (a); and
- take such steps as may be necessary to minimize any disruption from such pilot program on the operations of any covered installation so selected.
- The Secretary shall—
- (c) Elements
- In carrying out the pilot program under subsection (a), the Secretary shall—
- generate a standardized design of one or more military housing products compatible with additive construction methods;
- using such additive construction methods, build the military housing product or products, as the case may be, pursuant to the respective design generated under paragraph (1)—
- at each covered installation selected under subsection (b); and
- in sufficient quantities, as determined by the Secretary, to demonstrate the advantages and disadvantages of additive construction if adopted across all military installations; and
- prescribe data collection requirements for the activities under paragraphs (1) and (2), including with respect to design and building schedule, cost information, and effect on quality of life, and collect data pursuant to such requirements.
- In carrying out the pilot program under subsection (a), the Secretary shall—
- (d) Reports
- (1) Interim report
- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program under subsection (a), including—
- a summary of any impediments to such implementation identified by the Secretary, including any statutory or resource limitations;
- a summary of the recommendations of the Secretary to address any impediment so identified; and
- any other recommendation of the Secretary for improving the pilot program, including whether to extend or make the pilot program permanent, and a strategic sequencing plan for any extension or permanent adoption so recommended.
- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program under subsection (a), including—
- (2) Final report
- Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the congressional defense committees a report on the results of the pilot program, taking into account data collected pursuant to subsection (c)(3).
- (1) Interim report
- (e) Termination
- The authority to carry out the pilot program under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act.
- (f) Covered installation defined
- In this section, the term means any installation under the jurisdiction of the Secretary of the Army, without regard to whether the
covered installationis located in or outside of the continental United States.
- In this section, the term means any installation under the jurisdiction of the Secretary of the Army, without regard to whether the
Sec. 2806. Consideration of modular construction methods for military construction projects with protective design elements.
- (a) In general
- In determining the requirements for a proposed military construction project with protective design elements, the Secretary of Defense shall consider the use of modular construction methods along with other construction methods to determine the most effective method for such military construction project to meet mission needs.
- (b) Report
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the use of modular construction methods as described in subsection (a). Such report shall include the following:
- A summary of current Department of Defense policy and guidance governing the use of modular construction for military construction projects with protective design elements.
- An assessment of the cost effectiveness, construction timelines, performance characteristics, and life-cycle costs of modular construction methods compared to other construction methods for military construction projects.
- Identification of the types of military construction projects for which modular construction methods are the most appropriate or advantageous, and any limitations or constraints on the use of such methods.
- Any recommendations to promote appropriate consideration of modular construction methods for military construction projects where such methods offer cost, schedule, or operational benefits.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the use of modular construction methods as described in subsection (a). Such report shall include the following:
- (c) Definitions
- In this section:
- The term means a construction process in which components of a military construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly.
modular construction - The term means, with respect to a military construction project, that such project requires use of materials that have been blast hardened or ballistic hardened.
protective design elements
- The term means a construction process in which components of a military construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly.
- In this section:
Sec. 2807. Multiyear contracting authority for certain military construction projects.
- (a) Authority for multiyear contracting
- Subject to section 3501 of title 10, United States Code, and the requirements of this section, each Secretary of a military department may enter into one or more multiyear contracts during fiscal year 2026, for any purchase relating to a military construction projects for covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code) or a military child development center (as defined in section 1800 of such title).
- (b) Conditions for Out-Year Contract Payments
- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2026 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
- (c) Advance purchases
- A Secretary of a military department may enter into one or more contracts, beginning in fiscal year 2026, for an advance purchase associated with military construction projects for which authorization to enter into a multiyear contracting contract is provided under subsection (a), which may include the purchase of economic order quantities of materials or components for such covered military unaccompanied housing or military child development centers when cost savings are achievable.
- (d) Additional requirements
- (1) Cost savings certification
- A Secretary desiring to award a multiyear contract under this section shall—
- shall submit to the congressional defense committees a certification that the multiyear contract will result in cost savings of at least 10 percent compared to a similar one-year contract; and
- may not award such multiyear contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A).
- A Secretary desiring to award a multiyear contract under this section shall—
- (2) Limitations
- Multiyear contracting authority under this section may only be used for military construction projects or covered military unaccompanied housing or military child development centers that—
- are included in the future-years defense program submitted for fiscal year 2026 under section 221 of title 10, United States Code; and
- use standardized and repeatable designs.
- Multiyear contracting authority under this section may only be used for military construction projects or covered military unaccompanied housing or military child development centers that—
- (1) Cost savings certification
Sec. 2808. Guidance for military construction projects for innovation, research, development, test, and evaluation.
- (a) Guidance required
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue written guidance on the implementation of section 2810 of title 10, United States Code.
- (b) Contents
- The guidance required by this section shall include, at minimum, the following:
- Procedures and criteria for the development and submission of project proposals pursuant to subsection (b) of section 2810 of title 10, United States Code.
- Definitions for roles and responsibilities for Department of Defense employees with respect to review, approval, and execution of projects carried out under the authority of such section 2810.
- Clarification on the use of the authority to carry out projects under such section 2810 may be coordinated with the use of authorities for such projects under sections 2803, 2805, and 4123 of title 10, United States Code.
- A process for internal review and validation of projects proposed to be carried out using the authority under section 2810 of title 10, United States Code, which shall include—
- assessments of how such proposed projects could be integrated across military departments;
- comprehensive time-phased milestone plans for such proposed projects with clearly defined dependencies; and
- explicit documentation of budget programming action decisions of the Secretary of the military department with jurisdiction over such project.
- The guidance required by this section shall include, at minimum, the following:
Subtitle B—Military Housing Reforms
Sec. 2811. Improvements to Department of Defense Housing Requirements and Market Analysis.
- (a) In general
- Section 2837(d) of title 10, United States Code, is amended by inserting before .
- (b) Consideration authorized
- Section 2872 of such title is amended—
- by striking
In addition toand inserting(a) In addition to; and- In the case of family housing units, the Secretary concerned may consider the need for housing for Department of Defense civilian employees and Department of Defense contractor employees when exercising any authority or combination of authorities under this chapter.
- by adding at the end the following new subsection:
- by striking
- Section 2872 of such title is amended—
- (c) Independent market analysis
- (1) In general
- The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Secretaries of the military departments, shall seek to enter into an agreement with an independent entity to conduct an evaluation by not later than September 30, 2026, of the suitability of land owned by the Department of Defense in the State of Hawaii for residential housing development for members of the Armed Services and the families of such members.
- (2) Submission to Congress
- Not later than 30 days after the date on which the evaluation under paragraph (1) is completed, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes the results of such evaluation.
- (1) In general
Sec. 2812. Use of imitative substitute building materials for preservation of certain units of military housing under jurisdiction of the Department of Defense.
Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 169
- (a) Authority
- Notwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may—
- authorize the use of imitative substitute building materials to maintain, repair, renovate, rehabilitate, or otherwise alter covered housing units located on a military installation under the jurisdiction of the Secretary; and
- defer the application of historic preservation requirements under chapter 3061 of such title on a covered housing unit until such covered housing unit is 100 years old, regardless of whether such covered housing unit is included on, or eligible for inclusion on, the National Register.
- Notwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may—
- (b) Definitions
- In this section:
- The term means a Government-owned or privatized unit of family housing or military unaccompanied housing that—
covered housing unit - The term means modern, industry-standard, natural, composite, and synthetic materials that—
imitative substitute building materials - The term means the
National Registerof Historic Places maintained under of title 54, United States Code. chapter 3021
- The term means a Government-owned or privatized unit of family housing or military unaccompanied housing that—
- In this section:
Sec. 2813. Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing.
Section 2891(f) of title 10, United States Code, is amended—
- by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), repsectively;
- by inserting before ;
- except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—
- (i) the resident Internet portal for the housing unit;
- (ii) text messaging;
- (iii) email; and
- (iv) telephone.
- except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—
- by striking subparagraph (C) of paragraph (1) (as so redesignated) and inserting the following:
- If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—
- the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and
- the head of the applicable housing management office does not object, in writing, to the closure.
- If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—
- by adding at the end the following new paragraph:
Sec. 2814. Inclusion of additional landlord financial information in certain annual report on privatized military housing.
Section 2891c(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
- Information with respect to each insurance policy maintained by the landlord for such housing units, including the—
- (i) scope of coverage;
- (ii) deductible;
- (iii) policy limit; and
- (iv) total premium amount.
- The total amount of remedial payments made by the landlord to tenants of such housing units pursuant to a final decision under the dispute resolution process under section 2894 of this title.
- For each such remedial payment, a summary of the nature of the dispute underlying the final decision that required the remedial payment.
Sec. 2815. Continuation of certain reporting requirements with respect to privatized military housing.
- (a) In general
- Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (; note) does not apply to the reports required to be submitted to Congress under subsection (b) and subsection (c) of section 2884 of title 10, United States Code. Public Law 114–92; 10 U.S.C. 111
- (b) Conforming repeal
- Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (; note) is amended by striking paragraph (52). Public Law 114–328; 10 U.S.C. 111
Sec. 2816. Pilot program for emerging mold remediation technologies.
- (a) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess and implement emerging mold monitoring and remediation technologies in military family housing.
- (b) Selection of locations
- The Secretary shall select not fewer than three and not more than five military installations at which to carry out the pilot program established under subsection (a). The Secretary shall prioritize selection of military installations in regions with elevated climate-related risk factors for mold growth, such as persistent humidity, frequent rainfall, or outdated HVAC infrastructure.
- (c) Elements
- In carrying out the pilot program established under subsection (a), the Secretary shall—
- install moisture detection systems with advanced capabilities, including sensor-based humidity or spore monitoring technologies capable of generating early warnings for environmental risk conditions;
- implement noninvasive or technology-enabled mold remediation tools, such as antimicrobial coatings, dry fogging systems, or UV-based sterilization units;
- define infrastructure requirements, including upgrades to HVAC systems or building materials, necessary to support sustained mold prevention using the selected mold detection systems;
- train relevant personnel on the deployment, maintenance, and data interpretation of selected mold detection systems;
- designate an individual at each military installation selected under subsection (b) to oversee the implementation of the pilot program; and
- develop a strategic implementation and evaluation plan to assess performance of the selected mold detection systems and inform future decisions relating to such systems.
- In carrying out the pilot program established under subsection (a), the Secretary shall—
- (d) Report and briefings
- (1) Report
- Not later than 180 days after the termination date in subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including recommendations for broader implementation and an assessment of costs and benefits.
- (2) Briefings
- Upon completion of the implementation plan required under subsection (c)(6), the Secretary shall provide to the congressional defense committees a briefing on the plan and any preliminary findings.
- (1) Report
- (e) Termination
- The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
- (f) Military family housing defined
- In this section, the term means housing provided under subchapter II of of title 10, United States Code.
military family housingchapter 169
- In this section, the term means housing provided under subchapter II of of title 10, United States Code.
Sec. 2817. Standardization of mold remediation guidelines across military departments.
- (a) Requirement to establish common guidelines
- Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall jointly develop and implement uniform guidelines for the remediation of mold in military housing, facilities, and other real property under jurisdiction of each such Secretary.
- (b) Consistency with established standards
- The guidelines required under subsection (a) shall be consistent with—
- applicable municipal and State health and environmental standards; and
- third-party industry standards, including the standard of the Institute of Inspection Cleaning and Restoration Certification titled , or any successor standard.
S520 Standard for Professional Mold Remediation
- The guidelines required under subsection (a) shall be consistent with—
- (c) Applicability
- The guidelines required under subsection (a) shall apply—
- to contracts or task orders for mold remediation entered into on or after the date of the issuance of such guidelines; and
- to mold remediation procedures conducted on or after such date of issuance.
- The guidelines required under subsection (a) shall apply—
- (d) Report
- Not later than 180 days after date of the issuance of the guidelines under subsection (a), the Secretaries of the military departments shall jointly submit to the congressional defense committees a report that includes the guidelines and describes plans for implementation of the guidelines and monitoring compliance with the guidelines.
Sec. 2818. Inspections by qualified home inspector of privatized military housing.
- (a) Establishment of independent inspection protocol
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a standardized inspection and audit program for privatized military housing that provides for such inspections and audits to be conducted by an independent qualified home inspector.
- (b) Inspection requirements
- Under the program established by subsection (a), a qualified home inspector shall annually inspect a statistically representative sample of privatized military housing units at each military installation with privatized military housing. Such inspection shall include, at a minimum—
- an evaluation of HVAC systems, plumbing, electrical systems, and structural integrity of the privatized military housing units; and
- an inspection for signs of water intrusion, visible and nonvisible mold, microbial contamination, and other indoor air quality concerns.
- Under the program established by subsection (a), a qualified home inspector shall annually inspect a statistically representative sample of privatized military housing units at each military installation with privatized military housing. Such inspection shall include, at a minimum—
- (c) Inspection implementation plan
- Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the program established under subsection (a), including—
- contracting procedures for qualified home inspectors;
- inspection methodologies;
- protocols for reporting, remediation, and follow-up actions; and
- integration with existing oversight and compliance frameworks for privatized military housing.
- Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the program established under subsection (a), including—
- (d) Reporting requirements
- Not later than March 1, 2026, and annually thereafter until March 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the results of inspections conducted under this section during the preceding calendar year. The report shall include—
- findings and deficiencies identified;
- remediation timelines and actions taken; and
- recommendations for improving housing conditions and oversight.
- Not later than March 1, 2026, and annually thereafter until March 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the results of inspections conducted under this section during the preceding calendar year. The report shall include—
- (e) Definitions
- In this section:
- The term has the meaning given in section 3001(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (; note).
privatized military housingPublic Law 116–92; 10 U.S.C. 2821 - The term means an individual who—
qualified home inspector
- The term has the meaning given in section 3001(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (; note).
- In this section:
Sec. 2819. Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, military unaccompanied housing.
- (a) Plan required
- (1) In general
- The Secretary of Defense shall develop and implement a plan to—
- improve the accuracy, integration, and interoperability of data across system of a military department to track and maintain data with respect to real property, infrastructure, or military unaccompanied housing under the jurisdiction of a Secretary concerned; and
- enhance, across each military department, the tracking, management, and reporting of data with respect to—
- (i) the condition of military unaccompanied housing; and
- (ii) the occupancy rates of military unaccompanied housing.
- The Secretary of Defense shall develop and implement a plan to—
- (2) Elements
- Such plan shall include the following:
- A requirement for each Secretary of a military department to update, on an annual basis, the system of the appropriate military department—
- (i) for real property planning to include—
- an accurate statement of deficits in the occupancy of military unaccompanied housing under the jurisdiction of the Secretary;
- a summary that aligns such deficits with unit stationing decisions of the Secretary; and
- a description of the effects of relevant changes in force structure; and
- (ii) to track and maintain data with respect to military unaccompanied housing to include—
- real-time occupancy data and room assignment records with respect to military unaccompanied housing under the jurisdiction of the Secretary; and
- a standardized automated process to track completion times of maintenance requests work orders with respect to such military unaccompanied housing.
- Standards to ensure, with respect to any system of a military department to assess the condition of infrastructure under the jurisdiction of a Secretary of a military department, that—
- (i) data maintained by any such system is synchronized; and
- (ii) any such system integrates predictive maintenance tools to—
- forecast infrastructure deterioration; and
- prioritize repairs.
- Enhanced data validation protocols across all housing records of the Department of Defense to—
- (i) eliminate discrepancies in such housing records; and
- (ii) ensure accuracy of reports that include data from such housing records.
- A requirement for each Secretary of a military department to audit, on a periodic basis, data with respect to real property, infrastructure, and military unaccompanied housing under the jurisdiction of the Secretary.
- Specific milestones to achieve full data synchronization across each system of a military department to track and maintain data with respect to military unaccompanied housing.
- Requirements, for each system described in subparagraph (E), with respect to system integration, user training, and compliance monitoring.
- A Department of Defense-wide verification framework to ensure accurate barracks occupancy reporting, which shall include—
- (i) required physical inspections;
- (ii) automated reconciliation of unit personnel records with housing assignments; and
- (iii) mechanisms to prevent ghost occupancy.
- A Department of Defense-wide strategy for real-time data analytics to—
- (i) optimize investments in military unaccompanied housing;
- (ii) improve facility lifecycle management; and
- (iii) enable predictive maintenance planning;
- A Department of Defense-wide governance policy for data with respect to military unaccompanied housing, that includes—
- (i) enforceable protocols for data entry, frequency of updates, access controls, cybersecurity protections; and
- (ii) standardized reporting requirements.
- A requirement for each Secretary of a military department to implement a standardized system for members of the Armed Forces, including commanders of military installations to—
- (i) report discrepancies in data maintained by the Secretary with respect to military unaccompanied housing; and
- (ii) submit to the Secretary concerned requests for improvements to the system of the appropriate military department to track and maintain data with respect to military unaccompanied housing.
- A requirement for each Secretary of a military department to update, on an annual basis, the system of the appropriate military department—
- Such plan shall include the following:
- (1) In general
- (b) Deadline
- The Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives the plan required by subsection (a) by not later than September 30, 2026.
Subtitle C—Real Property and Facilities Administration
Sec. 2821. Modification to assistance for public infrastructure projects and services.
Section 2391(b)(5)(B)(iv) of title 10, United States Code, is amended—
- by inserting after ; and
- by striking
the defense industrial base and the defense industrial base workers, if the Secretary determines such support will improve operations of the Department of Defenseand insertingthe defense industrial base, defense industrial base workers, and military installations.
Sec. 2822. Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization for military departments.
Section 2680 of title 10, United States Code, is amended—
- in subsection (b)—
- in the heading, by inserting after ;
- by inserting before ; and
- During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year.
- by adding at the end the following new paragraph:
- (e) Definitions
- In this section:
- The term means a facility (as defined in section 2801 of this title), except that such term does not include—
covered facility - The term means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:
plant replacement value
- The term means a facility (as defined in section 2801 of this title), except that such term does not include—
- In this section:
- by striking subsection (e) and inserting the following:
Sec. 2823. Extension of authority to carry out Department of Defense pilot program for use of cost savings realized.
Section 2679(e)(4) of title 10, United States Code, is amended by striking September 30, 2025and inserting September 30, 2030.
Sec. 2824. Department of Defense intergovernmental support agreements for ordnance disposal.
Section 2679(f)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: . The term does include ordnance disposal.
Sec. 2825. Authorities available for Energy Resilience and Conservation Investment program projects on privatized utility systems.
Section 2688 of title 10, United States Code, is amended—
- by striking each place it appears and inserting
concerned; - in subsection (h), by adding at the end the following new sentence: ; and
The Secretary concerned may make such a contribution pursuant to any procurement authority available to such Secretary, including the authority to modify an existing services contract with the entity to which the utility system, or a military construction contract if such contribution is in an amount equal to the total cost of the project. - in subsection (k)—
- by striking ; and
- The Secretary of Defense or the Secretary concerned may enter into a contract under paragraph (1) pursuant to any procurement authority available to the Secretary, including the authority to modify an existing services contract with the conveyee of the utility system, or a military construction contract, if the total proposed cost of such contract or modification is included in the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
- by adding at the end the following new paragraph:
- by striking ; and
Sec. 2826. Repeal of construction requirements related to antiterrorism and force protection or urban-training operations.
- (a) Repeal
- Section 2859 of title 10, United States Code, is repealed.
- (b) Conforming amendment
- Section 2864 of such title is amended—
- by striking subsection (e); and
- by redesignating subsection (f) as subsection (e).
- Section 2864 of such title is amended—
Sec. 2827. Repeal of pilot program authorizing overhead cost reimbursements from major range and test facility base users at certain Department of the Air Force installations.
Section 2862 of the National Defense Authorization Act for Fiscal Year 2022 (; note prec) is repealed. Public Law 117–81; 10 U.S.C. 9771
Sec. 2828. Department of Defense procedures with respect to planning coordination for grid resiliency on military installations.
Section 2920(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
- The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section.
- Coordination under paragraph (5)—
- shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and
- may include consultation with relevant Federal and non-Federal entities.
Sec. 2829. Master plans for Service Academies.
- (a) Plans required
- Each Secretary of a military department shall develop a master plan for each Service Academy under the jurisdiction of the Secretary to comprehensively address infrastructure requirements of such Service Academy. Each master plan shall include the following:
- Consideration of the requirements of subparagraphs (A) through (D) of section 2864(a)(2) of title 10, United States Code.
- For the Service Academy that is the subject of a master plan—
- a list of infrastructure located at the Service Academy that is in poor or failing condition on or before the date described in subsection (c);
- a plan for replacing, recapitalizing, or renovating such infrastructure not later than five years after such date; and
- a list of infrastructure located at the Service Academy that—
- (i) is listed on the National Register of Historic Places (maintained under of title 54, United States Code) on or before the date described in subsection (b); or chapter 3021
- (ii) will be eligible inclusion on the National Register of Historic Places not later than five years after the date of the enactment of this Act.
- An assessment of risks posed by disruptions in energy availability, risks posed by extreme weather (as defined in section 101 of title 10 United States Code), cybersecurity risks, and risks related to availability of clean water applicable to the Service Academy that is the subject of a master plan.
- Each Secretary of a military department shall develop a master plan for each Service Academy under the jurisdiction of the Secretary to comprehensively address infrastructure requirements of such Service Academy. Each master plan shall include the following:
- (b) Additional requirement
- Each master plan required under subsection (a) shall propose a method to address the requirements of paragraphs (1) and (3) of such subsection not later than five years after the date described in subsection (c).
- (c) Deadline
- Each master plan required under subsection (a) shall be completed no later than September 30, 2027.
- (d) Briefing
- Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the timeline for the completion of the master plans required under subsection (a).
- (e) Submission of plan
- Not later than 30 days after the date on which a Secretary of a military department completes a master plan required under subsection (a) or December 1, 2027, whichever is earlier, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a copy of the master plan.
- (f) Service Academy defined
- In this section, the term has the meaning given in section 347 of title 10, United States Code.
Service Academy
- In this section, the term has the meaning given in section 347 of title 10, United States Code.
Sec. 2830. Review of Unified Facilities Criteria applicable to military construction projects; report.
- (a) Review required
- (1) In general
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall conduct a comprehensive review of all Unified Facilities Criteria applicable to military construction projects that the Secretary determines—
- contribute to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects;
- are outdated, redundant, or unnecessarily burdensome; or
- could be consolidated or eliminated to improve the efficiency of military construction projects.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall conduct a comprehensive review of all Unified Facilities Criteria applicable to military construction projects that the Secretary determines—
- (2) Considerations
- In conducting such review, the Secretary of Defense shall—
- consider the unique operational requirements and security considerations of the Department of Defense; and
- ensure any revisions to the Unified Facilities Criteria the Secretary recommends pursuant to such review would maintain the mission readiness and force protection standards of the Department.
- In conducting such review, the Secretary of Defense shall—
- (1) In general
- (b) Elements
- Pursuant to such review, the Secretary shall—
- identify criteria in the Unified Facilities Criteria that the Secretary determines—
- contribute disproportionately to cost premiums for military construction projects, particularly such standards that are not commonly required in substantially similar commercial construction projects; or
- neither reflect relevant industry standards as of the date of the enactment of this Act nor Department of Defense-specific needs that are not addressed in relevant State codes;
- analyze whether such criteria are mandated by law, regulation, or internal policy, and the origin of such criteria;
- evaluate whether—
- such criteria could be modified or eliminated without compromising safety and mission readiness; and
- standards for substantially similar commercial construction projects could be substituted for such criteria to improve cost-effectiveness and efficiency of military construction projects.
- identify criteria in the Unified Facilities Criteria that the Secretary determines—
- Pursuant to such review, the Secretary shall—
- (c) Report
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the review required under subsection (a) that includes the following:
- A list of criteria in the Unified Facilities Criteria the Secretary—
- determines contributes to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects; and
- recommends for revision, replacement, or recision pursuant to such review.
- For each such criteria, an explanation of the reasons for the recommendation of the Secretary.
- An explanation of the anticipated cost savings and performance implications the Secretary estimates would result from each recommended revision, replacement, or recision.
- A plan and timeline for implementation of each recommended revision, replacement, or recision.
- Policy or legislative recommendations the Secretary determines are necessary to support such implementations.
- An explanation of how the Secretary will ensure that critical defense-specific standards will be preserved during any revisions, replacements, or recisions implemented pursuant to the review.
- A list of criteria in the Unified Facilities Criteria the Secretary—
- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the review required under subsection (a) that includes the following:
- (d) Military construction project defined
- In this section, the term has the meaning given such term in section 2801 of title 10, United States Code.
military construction project
- In this section, the term has the meaning given such term in section 2801 of title 10, United States Code.
Sec. 2831. Annual report on cost premium for construction of certain facilities.
- (a) Report required
- Not later than March 1, 2026, and annually thereafter for five years, the Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed quantitative and qualitative assessment of the cost premium for construction of facilities selected under subsection (b).
- (b) Selection of facilities
- The Secretary shall select not more than five facilities to include in the report required under subsection (a), which may include the following:
- A unit of covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code).
- A military child development center (as defined in section 1800 of such title).
- An administrative facility located on a military installation.
- Military family housing.
- Military aircraft hangars and runways.
- Physical fitness centers located on military installations.
- The Secretary shall select not more than five facilities to include in the report required under subsection (a), which may include the following:
- (c) Contents
- Each report required under subsection (a) shall include the following:
- The cost premium, expressed as a percentage, for the facilities selected under subsection (b).
- A detailed assessment of the factors contributing to cost premium, including—
- compliance with the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) and any other design requirements specific to military construction projects;
- compliance with UFC 4–010–01 titled ;
DoD Minimum Antiterrorism Standards for Buildings - prevailing wage and labor requirements;
- Federal procurement requirements contained in the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;
- security requirements relating to access to military installations; and
- requirements relating to sustainability and energy efficiency.
- Each report required under subsection (a) shall include the following:
- (d) Recommendations
- Each report required under subsection (a) shall include recommendations for the following:
- Proposed statutory, regulatory, or policy reforms to reduce the cost premium for military construction without compromising mission needs.
- Best practices from the private sector and State or local government construction projects that could improve cost efficiency for military construction projects.
- Alternative construction methodologies and procurement strategies that could mitigate the cost premium for military construction.
- Each report required under subsection (a) shall include recommendations for the following:
- (e) Cost premium for military construction defined
- In this section, the term , with respect to a facility, means the difference between—
cost premium- the cost to construct a new facility carried out by the Secretary of Defense; and
- the estimated cost to construct a similar facility carried out by a private entity, as adjusted for size, geographic location, and function of such facility.
- In this section, the term , with respect to a facility, means the difference between—
Sec. 2832. Historical marker commemorating effects of radiation exposure at Holloman Air Force Base and White Sands Missile Range.
- (a) Historical markers Required
- (1) Holloman Air Force Base
- The Secretary of the Air Force shall place a historical marker as described in subsection (b) in a publicly accessible location at the Holloman Air Force Base.
- (2) White Sands Missile Range
- The Secretary of the Army shall place a historical marker as described in subsection (b) in a publicly accessible location at the White Sands Missile Range.
- (1) Holloman Air Force Base
- (b) Required information
- A historical marker described in subsection (a) shall commemorate the effects of radiation exposure on communities in New Mexico as a result of the Manhattan Project and the nuclear test conducted at the Trinity Site. Such historical marker shall include, at a minimum, the following:
- An unclassified description of the history of the Manhattan Project and its purpose, including a description of the nuclear test conducted at the Trinity Site.
- A description of how the classified nature of the Manhattan Project and the nuclear test conducted at the Trinity Site led to the unknowing exposure of individuals in communities located downwind from such testing to radiological byproducts and associated consequences of such byproducts.
- A historical marker described in subsection (a) shall commemorate the effects of radiation exposure on communities in New Mexico as a result of the Manhattan Project and the nuclear test conducted at the Trinity Site. Such historical marker shall include, at a minimum, the following:
- (c) Briefing required
- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force and Secretary of the Army shall jointly provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the implementation of the requirements of this section.
- (d) Definitions
- In this section:
- The term means the Federal military program to develop an atomic bomb ending on December 31, 1946.
Manhattan Project - The term means the location in the Jornada del Muerto desert near Alamogordo, New Mexico, where a nuclear weapon was detonated on July 16, 1945.
Trinity Site
- The term means the Federal military program to develop an atomic bomb ending on December 31, 1946.
- In this section:
Sec. 2833. Name of Department of the Army military installation, Augusta, Georgia.
The military installation under the jurisdiction of the Department of the Army located in Augusta, Georgia, shall after the date of the enactment of this Act be known and designated as . Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Shugart Gordon.
Sec. 2834. Name of the Department of the Army military installation located in Muscogee County and Chattahoochee County, Georgia.
The military installation under the jurisdiction of the Department of the Army located in Muscogee County and Chattahoochee County, Georgia, shall on and after the date of the enactment of this Act be known and designated as , in commemoration of Lieutenant General Harold G. Moore, Jr., United States Army, and Mrs. Julia Compton Moore. Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Moore.
Subtitle D—Land Conveyances
Sec. 2841. Extension of sunset for land conveyance, Sharpe Army Depot, Lathrop, California.
Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 () is amended by striking five yearsand inserting 10 years. Public Law 116–283
Sec. 2842. Land conveyance, Former Curtis Bay Depot, Maryland.
- (a) Conveyance authorized
- (1) In general
- The Administrator of General Services, in consultation with the Director of the Defense Logistics Agency may convey to the Maryland Economic Development Corporation (in this section, referred to as ), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 435.00 acres at 710 Ordnance Road, the former Curtis Bay Depot for the purpose of economic development.
MEDCO
- The Administrator of General Services, in consultation with the Director of the Defense Logistics Agency may convey to the Maryland Economic Development Corporation (in this section, referred to as ), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 435.00 acres at 710 Ordnance Road, the former Curtis Bay Depot for the purpose of economic development.
- (2) Consultation with Coast Guard
- In carrying out the conveyance under this subsection, the Administrator shall consult with the Secretary of Homeland Security with respect to matters concerning the equities of the Coast Guard in areas in proximity to such parcel of real property.
- (1) In general
- (b) Consideration required
- As consideration for the conveyance under subsection (a), MEDCO shall provide an amount that is equivalent to the fair market value to the Federal Buildings Fund for the right, title, and interest conveyed under such subsection, based on an appraisal approved by the Administrator. The consideration under this subsection may be provided by cash payment, in-kind regulatory closure, or a combination thereof, at such time as the Administrator may require.
- (c) Payment of costs of conveyance
- (1) Payment required
- The Administrator may require MEDCO to cover all costs (except costs for environmental remediation of the property) to be incurred by the Administrator, or to reimburse the Administrator for costs incurred by the Administrator, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from MEDCO in advance of the Administrator incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Administrator to carry out the conveyance, the Administrator shall refund the excess amount to MEDCO.
- (2) Treatment of amounts received
- Amounts received under paragraph (1) as reimbursement for costs incurred by the Administrator to carry out the conveyance under subsection (a) shall remain available until expended.
- (1) Payment required
- (d) Description of property
- The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Administrator.
- (e) Additional terms and conditions
- The conveyance under this section shall be subject to the following:
- The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States.
- MEDCO shall execute a purchase and sale agreement within one year of enactment of this legislation.
- The conveyance will be on an basis via quitclaim deed subject to an access easement to the U. S. Army Reserve Facility along the shoreline of Curtis Bay.
as-is, where-is - The conveyance will be in compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (). 42 U.S.C. 9620(h)
- To the maximum extent possible, the Federal Government shall incorporate land use controls to satisfy CERCLA requirements for the purpose of expediting disposition and subsequent redevelopment.
- The conveyance under this section shall be subject to the following:
Subtitle E—Modifications to Unspecified Minor Military Construction
Sec. 2851. Deadline for congressional notification of decisions to carry out certain unspecified minor military construction projects.
Section 2805(b)(2) of title 10, United States Code, is amended—
- by striking
shall notifyand insertingshall submit, in an electronic medium pursuant to section 480 of this title, to; - by inserting after ; and
- by striking
, of the justificationand all that follows through and insertingof this title..
Sec. 2852. Modification to unspecified minor military construction authority for laboratory revitalization projects.
Section 2805 of title 10, United States Code, is amended—
- in paragraph (2) of subsection (b), by striking
$4,000,000and inserting$6,000,000; - in subsection (d)—
- by striking each place it appears and inserting
0,000,000; - in paragraph (3), by inserting after ;
- by redesignating paragraph (4) as paragraph (6); and
- (4)
- The Secretary concerned shall review, on an annual basis, the thresholds for funding specified in this section to determine whether such thresholds should be increased.
- In making a determination under subparagraph (A), the Secretary of concerned shall consider the UFC 3-701-01 DoD Facilities Pricing Guide.
- If the Secretary concerned makes a decision to increase a threshold for funding specified in this section, the Secretary concerned shall notify the appropriate committees of Congress of such decision and the facts concerning the increase to such threshold. Such increase may take effect only after the end of the 14-day period beginning on the date the notification is received by such appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
- (4)
- by inserting after paragraph (3) the following new paragraphs:
- by striking each place it appears and inserting
- by striking subsection (f) and inserting the following:
- (f) Adjustment of dollar limitations for location
- During the period beginning on the date of the enactment of the Military Construction Act for Fiscal Year 2026 and ending on September 30, 2028, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $30,000,000 as the result of any adjustment made under this subsection.
- (f) Adjustment of dollar limitations for location
Sec. 2853. Modification of authority for Indo-Pacific posture unspecified minor military construction projects.
Section 2810(a) of the National Defense Authorization Act for Fiscal Year 2024 ( note) is amended by striking $30,000,000and inserting $50,000,000. 10 U.S.C. 2805
Sec. 2854. Amendments to defense laboratory modernization program.
Section 2805(g)(5) of title 10, United States Code, is amended by striking striking50,000,000and inserting $300,000,000.
Sec. 2855. Transfer of defense laboratory modernization program authority to provision of law with respect to military construction projects for research, test, development, and evaluation.
Subsection (g) of section 2805 of title 10, United States Code (as amended by section 2854), is—
- transferred to the end of section 2810 of such title; and
- redesignated as subsection (f) of such section.
Sec. 2856. Authority of a Secretary concerned to carry out certain unspecified minor military construction projects.
Section 2815(a) of title 10, United States Code, is amended—
- by inserting after ; and
- by striking and all that follows through the end of the subsection and inserting the following:
- in accordance with—
- section 2802 of this title (except as provided in subsection (e)); or
- section 2805 of this title.
- in accordance with—
Subtitle F—Limitations and Other Matters
Sec. 2861. Modification to definition of military installation resilience.
Section 101(f)(8) of title 10, United States Code, is amended—
- by striking before ; and
- by inserting before .
Sec. 2862. Requirements relating to funds for construction and improvement of commissary store facilities.
Section 2685 of title 10, United States Code, is amended by adding at the end the following:
- (f) Rule of construction
- Nothing in this section shall be construed to prohibit the Secretary of Defense from using proceeds from commissary store sales or appropriated funds to acquire, lease, construct, convert, expand, improve, repair, maintain, or equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system.
- (g) Annual report on unfunded commissary priorities
- Annually and not later than ten days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of the Defense Commissary Agency shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Committees on Armed Services of the Senate and the House of Representatives a report on unfunded priorities of the Department of Defense related to commissary facilities.
- Each report under paragraph (1) shall include, for each unfunded priority covered by such report, the following:
- A summary description of such priority, including the objectives to be achieved if such priority were to be funded in whole or in part.
- The additional amount of funds recommended in connection with the objectives identified under subparagraph (A).
- Account information with respect to such priority.
- The Director of the Defense Commissary Agency shall ensure that the unfunded priorities covered by a report under paragraph (1) are listed in the order of urgency, as determined by the Director.
- In this subsection, the term , with respect to a fiscal year, means an activity related to commissary facilities that—
unfunded priority- is not funded in the budget of the President for that fiscal year;
- is necessary to address commissary facilities safety, capacity, usability, and reliability needs; and
- would have been recommended for funding through such budget if additional resources had been available.
Sec. 2863. Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps forces in Asia Pacific region.
Section 2844(b)(2) of the National Defense Authorization Act for Fiscal Year 2017 is amended by inserting after .
Sec. 2864. Cooperative agreements with respect to management of land and cultural resources located on military installations.
- (a) Land management agreements
- Section 103A of the Sikes Act (; ) is amended— Public Law 86–797; 16 U.S.C. 670c–1
- in subsection (a)—
- in the heading, by striking and inserting ; and
- by striking
of a military departmentand insertingof a military department, or the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy,;
- in subsection (b)—
- in paragraph (1), by inserting after ; and
- in paragraph (3)—
- (i) by inserting after ; and
- (ii) by striking
congressional defense committeesand insertingappropriate congressional committees; and
- (d) Appropriate congressional committees defined
- In this section, the term
appropriate congressional committeesmeans—- the Committees on Armed Services of the House of Representatives and the Senate;
- the Committee on Transportation and Infrastructure of the House of Representatives;
- the Committee on Natural Resources of the House of Representatives; and
- the Committee on Commerce, Science, and Transportation of the Senate.
- In this section, the term
- by adding at the end the following:
- in subsection (a)—
- Section 103A of the Sikes Act (; ) is amended— Public Law 86–797; 16 U.S.C. 670c–1
- (b) Agreements with respect to cultural resources
- Section 2684(a) of title 10, United States Code, is amended by striking
Secretary of a military departmentand insertingSecretary concerned.
- Section 2684(a) of title 10, United States Code, is amended by striking
- (c) Agreements with respect to encroachment
- Section 2684a of title 10, United States Code, is amended—
- in subsection (a)—
- by striking
Secretary of a military departmentand insertingSecretary concerned; and - by striking the comma after ;
- by striking
- in subsection (b)(2), by striking ;
- in subsection (c), by striking
Secretary of a military departmentand insertingSecretary concerned; - in subsection (e)(4)—
- in subparagraph (D)(i)—
- (i) by inserting after ; and
- (ii) in subclause (I), by inserting after ; and
- in subparagraph (E)(i), by inserting after ;
- in subparagraph (D)(i)—
- in subsection (h)—
- in paragraph (1)—
- (i) by striking
of the military departmentsand insertingconcerned; and - (ii) by inserting after ; and
- (i) by striking
- in paragraph (2)(F), by inserting after ;
- in paragraph (1)—
- in subsection (j), by inserting after each place it appears; and
- in subsection (k)—
- by striking paragraph (1); and
- by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
- in subsection (a)—
- Section 2684a of title 10, United States Code, is amended—
Sec. 2865. Limitation on the use of funds for implementing certain energy efficiency building codes.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to implement section 305(a)(3)(D) of the Energy Conservation and Production Act (), or any rules or regulations issued under such section, on property owned or leased by the Secretary of Defense or property used for purposes of national defense, unless the Secretary of Defense determines that such implementation would enhance military readiness, operational effectiveness, mitigate contested logistics risk, or increase mission assurance. 42 U.S.C. 6834(a)(3)(D)
Sec. 2866. Limitation on use of funds for contravention or reversal of implementation of recommendations of commission on the naming of certain items of the Department of Defense.
None of the funds authorized to be appropriated or otherwise made available by this Act may be used to contravene or reverse the implementation of the recommendations of the commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America established pursuant to section 370 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note). 10 U.S.C. 113
Sec. 2867. Limitation on use of funds to reduce capabilities or staffing of Department of Defense military treatment facilities located inside the United States.
- (a) In general
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to reduce the mission capabilities or staffing at a military treatment facility under the jurisdiction of the Department of Defense located inside the United States until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a cost-benefit analysis that includes, with respect to the military treatment facility—
- an identification of the average daily patient load;
- an estimate of the savings to the United States that would arise from a reduction in mission capabilities or staffing;
- an estimate of the cost to the United States to—
- transfer the functions of the military treatment facility—
- (i) to a medical facility under the jurisdiction of the Department of Veterans Affairs; or
- (ii) private health care facilities to furnish health care to eligible beneficiaries using TRICARE; and
- maintain infrastructure used by the military treatment facility as of the date of the enactment of this Act that the Secretary intends to—
- (i) close;
- (ii) convert to an outpatient health care facility; or
- (iii) use for a non-medical purpose;
- transfer the functions of the military treatment facility—
- an estimate of the increase to transportation costs with respect to medical care for individuals who receive at the medical treatment facility that would arise from a reduction in mission capabilities or staffing;
- a list of non-Department of Defense medical facilities located within 20 miles of the medical treatment facilities that provide medical care that is substantially similar to the medical care provided by the medical treatment facility;
- a plan for the disposition of medical equipment and other Department-owned assets pursuant to a reduction in mission capabilities or staffing; and
- an assessment of the effects of such a reduction on military readiness.
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to reduce the mission capabilities or staffing at a military treatment facility under the jurisdiction of the Department of Defense located inside the United States until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a cost-benefit analysis that includes, with respect to the military treatment facility—
- (b) Comptroller General report
- Not later than 30 days after any date on which the Secretary submits a cost-benefit analysis under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate an independent assessment of the cost-benefit analysis.
Sec. 2868. Notice relating to contracts or other agreements to establish an enduring location in a foreign country.
- (a) Notification required
- Not later than 30 days after the date on which the Secretary of Defense, a Secretary of a military department, or a combatant commander enters into a contract or other agreement to establish an enduring location (as described in section 2687a of title 10, United States Code) in a foreign country for purposes of supporting members of the Armed Forces in such foreign country, the Secretary of Defense shall submit to appropriate congressional defense committees a notification of such action.
- (b) Contents
- The notification described in subsection (a) shall include, with respect to the foreign country to which such contract or other agreement relates, a determination of whether a unit of a foreign security force of such foreign country has committed a gross violation of human rights (as described in section 362 of title 10, United States Code).
Sec. 2869. Designation of official responsible for coordination of defense sites within area of responsibility of Joint Region Marianas.
- (a) In general
- Not later than 90 days after the date of the enactment of this Act, the Commander of Joint Region Marianas shall designate an official to be responsible for, in coordination with appropriate officials of the military departments (as defined in section 101 of title 10, United States Code) and the United States Indo-Pacific Command—
- coordinating Department of Defense-wide efforts with respect to the management of defense sites within the Joint Region Marianas area of responsibility;
- ensuring the continuity of such efforts at such defense sites, including necessary infrastructure investments; and
- ensuring clear and consistent communication to such Federal, State, and local officials with respect to the needs and priorities of the Department of Defense for such defense sites.
- Not later than 90 days after the date of the enactment of this Act, the Commander of Joint Region Marianas shall designate an official to be responsible for, in coordination with appropriate officials of the military departments (as defined in section 101 of title 10, United States Code) and the United States Indo-Pacific Command—
- (b) Selection
- In making the designation under subsection (a), the Commander of Joint Region Marianas may appoint an individual with a significant background and expertise in—
- relevant legal and technical aspects related to land use or real estate issues; and
- working with officials at all levels of government.
- In making the designation under subsection (a), the Commander of Joint Region Marianas may appoint an individual with a significant background and expertise in—
- (c) Notification
- Not later than 30 days after the date on which the Commander of Joint Region Marianas designates an individual pursuant to subsection (a), the Commander shall submit to the Committees on Armed Services of the House of Representatives and the Senate and appropriate officials of the defense sites within the Joint Region Marianas area of responsibility a notification that includes the name and contact information of such individual.
- (d) Defense site defined
- In this section, the term has the meaning given such term in section 2710 of title 10, United States Code.
defense site
- In this section, the term has the meaning given such term in section 2710 of title 10, United States Code.
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.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
Sec. 3102. Defense environmental cleanup.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3103. Other defense activities.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3104. Nuclear energy.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for nuclear energy as specified in the funding table in section 4701.
Subtitle B—Program Authorizations
Sec. 3111. Plutonium pit production capacity.
Section 4219 of the Atomic Energy Defense Act () is amended— 50 U.S.C. 2538a
- by redesignating subsections (f), (g), and (h) as subsections (g), (i), and (h), respectively;
- by moving subsection (i), as so redesignated, so as to appear after subsection (h), as so redesignated;
- in subsection (i), as so redesignated, by striking
this subsectionand insertingthis section; and- (f) Capacity
- In carrying out subsection (a), the Secretary of Energy shall—
- ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to reliably produce not less than 30 war reserve plutonium pits annually; and
- ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the ability to reliably produce not less than 50 war reserve plutonium pits annually.
- In carrying out subsection (a), the Secretary of Energy shall—
- (f) Capacity
- by inserting after subsection (e) the following new subsection (f):
Sec. 3112. Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration.
- (a) In general
- Subtitle A of title XLII of the Atomic Energy Defense Act () is amended— 50 U.S.C. 2521 et seq.
- in section 4220(c)—
- in paragraph (3)—
- (i) by striking
Periodicallyand insertingContinually; and - (ii) by inserting after ; and
- (i) by striking
- in paragraph (4)—
- (i) by striking
Shortenand insertingDevelop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce; and - (ii) by striking
and timelines to minimizeand all that follows through the end of the paragraph and insertingcost and schedule; and
- (i) by striking
- (a) In general
- The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the ) to develop new nuclear weapons or modified nuclear weapons that meet military requirements.
rapid capabilities program
- The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the ) to develop new nuclear weapons or modified nuclear weapons that meet military requirements.
- (b) Objectives
- The program under subsection (a) shall have the following objectives:
- Identify and assess potential design concepts for rapid development feasability.
- Carry out projects with the goal of achieving first production unit within 5 years of project initiation.
- Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability.
- Maximize reuse of existing components, non-serial manufacturing, and limited production quantities.
- Minimize distribution to other major nuclear weapons stockpile modernization programs.
- Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process.
- The program under subsection (a) shall have the following objectives:
- (c) Program budget
- In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
- (d) Joint nuclear weapons life cycle process defined
- In this section, the term
joint nuclear weapons life cycle processmeans the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
- In this section, the term
- in paragraph (3)—
- by adding at the end of the following new section:
- in section 4220(c)—
- Subtitle A of title XLII of the Atomic Energy Defense Act () is amended— 50 U.S.C. 2521 et seq.
- (b) Clerical amendment
- Sec. 4225. Rapid capabilities program.
- Sec. 4225. Rapid capabilities program.
- The table of contents for such Act is amended by inserting after the item relating to section 4224 the following new item:
Subtitle C—Reports and Other Matters
Sec. 3121. Modification to reporting requirements with respect to nuclear weapons stockpile stewardship, management, and responsiveness plan.
Section 4203 of the Atomic Energy Defense Act () is amended— 50 U.S.C. 2523
- in subsection (b)—
- by striking paragraph (1);
- by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and
- in paragraph (1), as so redesignated—
- (i) by striking
subsection (d)and insertingsubsection (c); - (ii) by striking
March 15 of each odd-numbered yearand inserting45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress; and - (iii) in paragraph (2), as so redesignated, by striking
summaries and reportsand insertingreport;
- (i) by striking
- by striking subsection (c);
- by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and
- in subsections (c) and (d), as so redesignated, by striking each place it appears and inserting
subsection (b)(1).
Sec. 3122. Assessment of the National Nuclear Security Administration Spent Fuel Handling Recapitalization Project.
- (a) In general
- The Deputy Administrator for Naval Reactors of the National Nuclear Security Administration shall carry out an independent assessment of the Spent Fuel Handling Recapitalization Project.
- (b) Elements
- The assessment required under subsection (a) shall include, with respect to such project—
- a root cause analysis to determine the underlying causes of the cost overruns, schedule delays and performance shortcomings;
- an analysis of—
- the quality assurance program of such project; and
- the corrective action processes and application of standards for nuclear quality assurance under such quality assurance program; and
- any other matter the Deputy Administrator determines appropriate.
- The assessment required under subsection (a) shall include, with respect to such project—
- (c) Submission to Congress
- Not later than 30 days after the date on which the Deputy Administrator completes the assessment required under subsection (a), the Deputy Administrators shall submit to the congressional defense committees and the Comptroller General of the United States a report that includes the findings of such assessments.
Sec. 3123. Limitation relating to reclassification of high-level waste.
- (a) Limitation
- Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington.
Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste
- Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington.
- (b) Waiver
- The Secretary may waive the limitation under subsection (a) relating to the reclassification of high-level radioactive waste if—
- the Secretary submits to the appropriate congressional committees a notice of the waiver that includes—
- a justification for such reclassification;
- documentation from both the Environmental Protection Agency and the Department of Ecology of the State of Washington that indicates that such Agency and Department, respectively, concur with such reclassification, as required by the Hanford Federal Facility Agreement and Consent Order, signed on January 10, 2025; and
- a period of 60 days has elapsed following the submission of such notice.
- the Secretary submits to the appropriate congressional committees a notice of the waiver that includes—
- The Secretary may waive the limitation under subsection (a) relating to the reclassification of high-level radioactive waste if—
- (c) Appropriate congressional committees defined
- In this section, the term means the following:
appropriate congressional committees- The Committees on Armed Services of the House of Representatives and the Senate.
- The Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate.
- In this section, the term means the following:
Sec. 3124. Notification requirement with respect to nuclear power in Guam.
- (a) Notification
- Except as provided in subsection (b), the Secretary of Defense shall, not later than 180 days before any date on which the Secretary carries out the placement of a nuclear reactor in Guam, submit to Congress and the Governor of Guam a notification of such placement.
- (b) Exception
- Subsection (a) shall not apply to a nuclear reactor aboard a naval vessel.
- (c) Nuclear reactor defined
- In this section, the term has the meaning given the term in section 951 of the Energy Policy Act of 2005 ().
nuclear reactoradvanced nuclear reactor42 U.S.C. 16271
- In this section, the term has the meaning given the term in section 951 of the Energy Policy Act of 2005 ().
Title XXXII—Defense Nuclear Facilities Safety Board
Sec. 3201. Authorization.
There are authorized to be appropriated for fiscal year 2026, $45,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (). 42 U.S.C. 2286 et seq.
Title XXXIV—Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
- (a) Amount
- There are authorized to be appropriated to the Secretary of Energy $13,000,000 for fiscal year 2026 for the purpose of carrying out activities under of title 10, United States Code, relating to the naval petroleum reserves. chapter 869
- (b) Period of availability
- Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
Title XXXV—Maritime Administration
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for Maritime Administration.
- (a) In general
- There are authorized to be appropriated to the Department of Transportation for fiscal year 2026, for programs associated with maintaining the United States Merchant Marine, the following amounts:
- For expenses necessary to support the United States Merchant Marine Academy, $201,500,000, of which—
- $101,500,000 shall be for Academy operations;
- $50,000,000 shall be for facilities maintenance and repair and equipment; and
- $50,000,000 shall be for the development of a design-build plan for the phased rehabilitation, modernization, and construction of facilities and infrastructure at the United States Merchant Marine Academy in accordance with the Campus Modernization Plan required by section 51329 of title 46, United States Code, as added by section 3531.
- For expenses necessary to support the State maritime academies, $58,800,000, of which—
- $4,800,000 shall be for the Student Incentive Payment Program;
- $13,000,000 shall be for direct payments for State maritime academies;
- $12,000,000 shall be for training ship fuel assistance;
- $4,000,000 shall be for offsetting the costs of training ship sharing; and
- $25,000,000 shall be for maintenance and repair of State maritime academy training vessels.
- For expenses necessary to support the National Security Multi-Mission Vessel program, including funds for construction and necessary expenses to construct shoreside infrastructure to support such vessels, $75,000,000.
- For expenses necessary to support Maritime Administration operations and programs, $105,500,000, of which—
- $15,000,000 shall be for the maritime environmental and technical assistance program under section 50307 of title 46, United States Code;
- $15,000,000 shall be for the United States marine highway program, including to make grants authorized under section 55601 of title 46, United States Code;
- $2,000,000 shall be for the Office of Environment and Compliance, including to assist in the environmental review of grant and permit programs administered by the Maritime Administration; and
- $73,500,000 shall be for headquarters operations expenses.
- For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000.
- For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under of title 46, United States Code, $390,000,000. chapter 531
- For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under of title 46, United States Code, $122,400,000. chapter 534
- For expenses necessary for the loan guarantee program authorized under of title 46, United States Code, $33,700,000, of which— chapter 537
- $30,000,000 may be used for the cost (as such term is defined in section 502(5) of the Federal Credit Reform Act of 1990 () of loan guarantees under the program; and 2 U.S.C. 661a(5)
- $3,700,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
- For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $105,000,000.
- For expenses necessary to implement the port infrastructure development program, as authorized under section 54301 of title 46, United States Code, subject to the limitation under subsection (b), $550,000,000, to remain available until expended.
- For expenses necessary to support the United States Merchant Marine Academy, $201,500,000, of which—
- There are authorized to be appropriated to the Department of Transportation for fiscal year 2026, for programs associated with maintaining the United States Merchant Marine, the following amounts:
- (b) Limitation
- (1) In general
- No funds may be obligated or expended for the port infrastructure development program pursuant to subsection (a)(9) to make a grant to be used for the purchase of fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary of Transportation determines such equipment would result in a net loss of jobs within a port or port terminal.
- (2) Report
- If the Secretary makes a determination pursuant to paragraph (1), not later than three days after the date on which such determination is made, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the data and analysis used by the Secretary in making such determination.
- (1) In general
Subtitle B—Maritime Infrastructure
Sec. 3511. Clarification regarding use of port infrastructure development program funds to replace Chinese port crane hardware or software.
Section 54301(a)(3)(A)(ii)(III) of title 46, United States Code, is amended—
- by striking
including projects to improve port resilience;and insertingincluding—; and- projects to improve port resilience; and
- projects to upgrade or replace port cranes or parts of port cranes (including hardware and software) that—
- were installed or provided by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; or
- are maintained, controlled, or sponsored by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China;
- by adding at the end the following new items:
Sec. 3512. Clarification of certain authorities relating to deepwater ports.
- (a) In general
- Section 5(a) of the Deepwater Port Act of 1974 () is amended by striking the first sentence and inserting . 33 U.S.C. 1504(a)
- (b) NEPA compliance
- Section 5 of the Deepwater Port Act of 1974 () is amended by striking subsection (f) and inserting the following: 33 U.S.C. 1504
- (f) NEPA compliance
- (1) Definition of lead agency
- In this subsection, the term
lead agencyhas the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (). 42 U.S.C. 4336e
- In this subsection, the term
- (2) Lead agency
- (A) In general
- For all applications, the Department of Transportation shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (). 42 U.S.C. 4321 et seq.
- (B) Effect of compliance
- Compliance with the National Environmental Policy Act of 1969 () in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 () pursuant to this Act. 42 U.S.C. 4321 et seq.; 42 U.S.C. 4321 et seq.
- (A) In general
- (1) Definition of lead agency
- (f) NEPA compliance
- Section 5 of the Deepwater Port Act of 1974 () is amended by striking subsection (f) and inserting the following: 33 U.S.C. 1504
- (c) Regulations
- (1) In general
- Not later than 18 months after the date of the enactment of this Act, the Commandant of the Coast Guard shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
- (2) Retention of authority
- The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety.
- (3) Updates to authority
- As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.
- (1) In general
- (d) Rule of construction
- Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 () or any other law. 33 U.S.C. 1501 et seq.
- (e) Applications
- Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of the enactment of this Act.
Sec. 3513. Eligibility of shore power projects under port infrastructure development program.
- (a) In general
- In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2026, the Secretary of Transportation shall treat a project described in subsection (b) as—
- having met the requirements of paragraph (1) and (6)(A)(i) of section 54301(a) of such title; and
- being an eligible project under section 5430l(a)(3) of such title.
- In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2026, the Secretary of Transportation shall treat a project described in subsection (b) as—
- (b) Project described
- A project described in this subsection is a project to provide shore power at a port that services both of the following:
- Passenger vessels described in section 3507(k) of title 46, United States Code.
- Vessels that move goods or freight.
- A project described in this subsection is a project to provide shore power at a port that services both of the following:
Subtitle C—Reports
Sec. 3521. Report on use of commercial contracting agent for crewing and operation of military sealift command vessels.
- (a) In general
- Not later than April 1, 2026, the Secretary of the Navy, in consultation with the Administrator of the Maritime Administration, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of a commercial contracting agent for the crewing and operation of military sealift command vessels.
- (b) Elements
- The report required under subsection (a) shall contain each of the following:
- An assessment of whether the crewing and operation of military sealift command vessels through the use of a commercial contracting agent would mitigate the shortage of civilian mariners and increase availability of military sealift command vessels.
- Any examples of operations within the Military Sealift Command being carried out through a contract, as of the date of the enactment of this Act.
- An identification of potential cost savings associated with the crewing and operation of military sealift command vessels through the use of a commercial contracting agent.
- An identification of specific military sealift command vessels or missions that may be suitable for crewing or operation through the use of a commercial contracting agent.
- The report required under subsection (a) shall contain each of the following:
Subtitle D—Other Matters
Sec. 3531. United States Merchant Marine Academy campus modernization plan.
- (a) Campus modernization plan
- of title 46, United States Code, is amended by adding at the end the following new section: Chapter 513
- (a) In general
- The Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following:
- The construction of new facilities or the significant renovation of existing facilities to provide—
- standards of training, certification, and watchkeeping applications laboratories;
- a safety of life at sea training pool;
- engineering power plant laboratories;
- athletic facilities that meet the needs of both male and female midshipmen;
- enhanced waterfront facilities, including a new pier;
- a visitor welcome center and main campus security office building;
- housing facilities for senior staff and faculty; and
- sufficient parking facilities for faculty, staff, and campus visitors.
- Upgrades to all classrooms and laboratories with modern information technology infrastructure.
- A campus-wide upgrade and retrofit of—
- the electric distribution power grid;
- the sanitary sewer system piping;
- the storm drainage system; and
- the drinking water system, including development of a separate and redundant fire suppression system.
- Renovations of campus facilities to ensure that all campus facilities—
- are structurally sound;
- have reliable heating and air conditioning systems;
- have functioning plumbing and electrical systems;
- are protected from the elements, including through roof replacements and window repairs or replacements, as needed;
- are accessible in accordance with the Americans with Disabilities Act of 1990 (); and 42 U.S.C. 12101 et seq.
- have working fire alarm and fire suppression systems.
- The construction of new facilities or the significant renovation of existing facilities to provide—
- The Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following:
- (b) Use of federal construction agent
- Consistent with the requirements of section 3515(d)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (), the Administrator shall seek to enter into an agreement with a Federal construction agent to carry out the campus modernization plan. Public Law 117–263
- (a) In general
- of title 46, United States Code, is amended by adding at the end the following new section: Chapter 513
- (b) Clerical amendment
- The table of sections for of title 46, United States Code, is amended by adding at the end the following new item: chapter 513
- 51329. Campus modernization plan.
-
- Campus modernization plan.
- The table of sections for of title 46, United States Code, is amended by adding at the end the following new item: chapter 513
- (c) Deadline for implementation
- The Secretary of Transportation shall develop and begin to implement the campus modernization plan required under section 51329 of title 46, United States Code, by not later than 180 days after the date of the enactment of this Act.
Sec. 3532. Cargoes procured, furnished, or financed by United States Government.
Section 55305 of title 46, United States Code, is amended—
- in subsection (a) by striking
When the United States Governmentand insertingExcept as provided in subsection ( c), when the United States Government; - by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and
- (c) Exception
- When the Department of Transportation procures, contracts for, or otherwise obtains for its own account, or provides financing in any way with Federal funds or advances funds or credits, for the furnishing or obtaining of the equipment, materials, or commodities, the Secretary of Transportation or recipient of such financing shall take steps necessary and practicable to ensure that 100 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.
- (c) Exception
- by inserting after subsection (b) the following:
Sec. 3533. Treatment of the University of Louisiana Maritime Academy as a State maritime academy.
- (a) In general
- Notwithstanding the requirements of section 51506 of title 46, United States Code, and except as provided in subsection (b), during the two-year period beginning on the date of the enactment of this Act, the Secretary of Transportation shall treat the University of Louisiana State Maritime Academy in the same manner as a State maritime academy under of title 46, United States Code. chapter 515
- (b) Exception
- Subsection (a) shall not apply after the date on which the University of Louisiana is fully recognized as a State maritime academy under of title 46, United States Code. chapter 515
Sec. 3534. Design and construction of missile instrumentation range safety vessels.
- (a) Vessel construction
- (1) Completion of design
- Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Director of the Missile Defense Agency, shall complete the design of missile instrumentation range safety vessels for the National Defense Reserve Fleet to allow for the construction of such vessels to begin in fiscal year 2027.
- (2) Agreement with vessel construction manager
- Notwithstanding section 8679 of title 10, United States Code, and subject to the availability of appropriations, the Secretary of the Transportation, in consultation with the Director of the Missile Defense Agency, shall seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than two such vessels in accordance with this section.
- (3) Design standards and construction practices
- Subject to paragraph (2), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
- (1) Completion of design
- (b) Consultation with other Federal entities
- The Secretary of Transportation shall consult and coordinate with the Director of the Missile Defense Agency and may consult with the heads of other appropriate Federal agencies regarding the vessel referred to in subsection (a) and activities associated with such vessel.
- (c) Prohibition on use of funds for used vessels
- None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel.
- (d) Missile Defense Agency transfer authority
- The Director of the Missile Defense Agency may transfer amounts authorized to be appropriated for the Missile Defense Agency for research, development, test, and evaluation to the Secretary of Transportation, to be used for the purposes authorized by this section. Any amount transferred pursuant to this subsection shall retain its original period of availability.
Division D—Funding Tables
Sec. 4001. Authorization of amounts in funding tables.
- (a) In general
- Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
- (b) Merit-based decisions
- A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
- be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
- comply with other applicable provisions of law.
- A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
- (c) Relationship to transfer and programming authority
- An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
- (d) Applicability to classified annex
- This section applies to any classified annex that accompanies this Act.
- (e) Oral and written communications
- No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
Title XLI—Procurement
Sec. 4101. Procurement.
- SEC. 4101. PROCUREMENT(In Thousands of Dollars)
- FY 2026 Request
- House Authorized
Title XLII—Research, Development, Test, and Evaluation
Sec. 4201. Research, development, test, and evaluation.
- SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
- ProgramElement
- FY 2026 Request
- House Authorized
Title XLIII—Operation and Maintenance
Sec. 4301. Operation and maintenance.
- SEC. 4301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
- FY 2026 Request
- House Authorized
Title XLIV—Military Personnel
Sec. 4401. Military personnel.
- SEC. 4401. MILITARY PERSONNEL(In Thousands of Dollars)
- FY 2026 Request
- House Authorized
Title XLV—Other Authorizations
Sec. 4501. Other authorizations.
- SEC. 4501. OTHER AUTHORIZATIONS(In Thousands of Dollars)
- FY 2026 Request
- House Authorized
Title XLVI—Military Construction
Sec. 4601. Military construction.
- SEC. 4601. MILITARY CONSTRUCTION(In Thousands of Dollars)
- FY 2026 Request
- House Agreement
Title XLVII—Department of Energy National Security Programs
Sec. 4701. Department of Energy national security programs.
- SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
- FY 2026 Request
- House Authorized